PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 833

Public Law 107–87

107th Congress

An Act

Making appropriations for the Department of Transportation and related agencies

for the fiscal year ending September 30, 2002, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Department of Transportation

and related agencies for the fiscal year ending September 30, 2002,

and for other purposes, namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,

$67,778,000, of which not to exceed $1,929,000 shall be available

for the immediate Office of the Secretary; not to exceed $619,000

shall be available for the immediate Office of the Deputy Secretary;

not to exceed $13,355,000 shall be available for the Office of the

General Counsel; not to exceed $3,058,000 shall be for the Office

of the Assistant Secretary for Policy; not to exceed $7,421,000

shall be available for the Office of the Assistant Secretary for

Aviation and International Affairs; not to exceed $7,728,000 shall

be available for the Office of the Assistant Secretary for Budget

and Programs; not to exceed $2,282,000 shall be available for the

Office of the Assistant Secretary for Government Affairs; not to

exceed $19,250,000 shall be available for the Office of the Assistant

Secretary for Administration; not to exceed $1,723,000 shall be

available for the Office of Public Affairs; not to exceed $1,204,000

shall be available for the Office of the Executive Secretariat; not

to exceed $507,000 shall be available for the Board of Contract

Appeals; not to exceed $1,240,000 shall be available for the Office

of Small and Disadvantaged Business Utilization; not to exceed

$1,321,000 shall be available for the Office of Intelligence and

Security; not to exceed $6,141,000 shall be available for the Office

of the Chief Information Officer: Provided, That not to exceed

$60,000 shall be for allocation within the Department for official

reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision

of law, excluding fees authorized in Public Law 107–71, there

may be credited to this appropriation up to $2,500,000 in funds

Department of

Transportation

and Related

Agencies

Appropriations

Act, 2002.

Dec. 18, 2001

[H.R. 2299]

115 STAT. 834 PUBLIC LAW 107–87—DEC. 18, 2001

received in user fees: Provided further, That the Secretary of

Transportation is authorized to transfer funds appropriated for

any office of the Office of the Secretary to any other office of

the Office of the Secretary: Provided further, That no appropriation

for any office shall be increased or decreased by more than 7

percent by all such transfers: Provided further, That any such

transfer shall be submitted for approval to the House and Senate

Committees on Appropriations.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $8,500,000.

TRANSPORTATION SECURITY ADMINISTRATION

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant

to Public Law 107–71, $1,250,000,000, to remain available until

expended: Provided, That, security service fees authorized under

49 U.S.C. 44940 shall be credited to this appropriation as offsetting

collections and used for providing civil aviation security services

authorized by that section: Provided further, That the sum herein

appropriated from the General Fund shall be reduced as such

offsetting collections are received during fiscal year 2002 so as

to result in a final fiscal year appropriation from the General

Fund estimated at not more than $0.

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,

research, systems development, development activities, and making

grants, to remain available until expended, $11,993,000.

TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

Necessary expenses for operating costs and capital outlays of

the Transportation Administrative Service Center, not to exceed

$125,323,000, shall be paid from appropriations made available

to the Department of Transportation: Provided, That such services

shall be provided on a competitive basis to entities within the

Department of Transportation: Provided further, That the above

limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to

an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the

agency modal administrator: Provided further, That no assessments

may be levied against any program, budget activity, subactivity

or project funded by this Act unless notice of such assessments

and the basis therefor are presented to the House and Senate

Committees on Appropriations and are approved by such Committees.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $500,000, as authorized by

49 U.S.C. 332: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974: Provided further, That these

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 835

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $18,367,000. In addition,

for administrative expenses to carry out the guaranteed loan program, $400,000.

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center

outreach activities, $3,000,000, to remain available until September

30, 2003: Provided, That notwithstanding 49 U.S.C. 332, these

funds may be used for business opportunities related to any mode

of transportation.

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source

to carry out the essential air service program under 49 U.S.C.

41731 through 41742, to be derived from the Airport and Airway

Trust Fund, $13,000,000, to remain available until expended.

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of

the Coast Guard, not otherwise provided for; purchase of not to

exceed five passenger motor vehicles for replacement only; payments

pursuant to section 156 of Public Law 97–377, as amended (42

U.S.C. 402 note), and section 229(b) of the Social Security Act

(42 U.S.C. 429(b)); and recreation and welfare, $3,382,000,000, of

which $440,000,000 shall be available for defense-related activities;

and of which $24,945,000 shall be derived from the Oil Spill

Liability Trust Fund: Provided, That none of the funds appropriated

in this or any other Act shall be available for pay of administrative

expenses in connection with shipping commissioners in the United

States: Provided further, That none of the funds provided in this

Act shall be available for expenses incurred for yacht documentation

under 46 U.S.C. 12109, except to the extent fees are collected

from yacht owners and credited to this appropriation: Provided

further, That of the amounts made available under this heading,

not less than $14,541,000 shall be used solely to increase staffing

at Search and Rescue stations, surf stations and command centers,

increase the training and experience level of individuals serving

in said stations through targeted retention efforts, revise personnel

policies and expand training programs, and to modernize and

improve the quantity and quality of personal safety equipment,

including survival suits, for personnel assigned to said stations:

Provided further, That the Department of Transportation Inspector

General shall audit and certify to the House and Senate Committees

on Appropriations that the funding described in the preceding proviso is being used solely to supplement and not supplant the Coast

Guard’s level of effort in this area in fiscal year 2001.

115 STAT. 836 PUBLIC LAW 107–87—DEC. 18, 2001

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation,

and improvement of aids to navigation, shore facilities, vessels,

and aircraft, including equipment related thereto, $636,354,000,

of which $20,000,000 shall be derived from the Oil Spill Liability

Trust Fund; of which $89,640,000 shall be available to acquire,

repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2006; $9,500,000

shall be available to acquire new aircraft and increase aviation

capability, to remain available until September 30, 2004;

$79,293,000 shall be available for other equipment, to remain available until September 30, 2004; $73,100,000 shall be available for

shore facilities and aids to navigation facilities, to remain available

until September 30, 2004; $64,631,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 2003; and $320,190,000 shall be available

for the Integrated Deepwater Systems program, to remain available

until September 30, 2006: Provided, That the Commandant of the

Coast Guard is authorized to dispose of surplus real property,

by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and made available only for the

National Distress and Response System Modernization program,

to remain available for obligation until September 30, 2004: Provided further, That none of the funds provided under this heading

may be obligated or expended for the Integrated Deepwater Systems

(IDS) system integration contract until the Secretary or Deputy

Secretary of Transportation and the Director, Office of Management

and Budget jointly certify to the House and Senate Committees

on Appropriations that funding for the IDS program for fiscal

years 2003 through 2007, funding for the National Distress and

Response System Modernization program to allow for full deployment of said system by 2006, and funding for other essential search

and rescue procurements, are fully funded in the Coast Guard

Capital Investment Plan and within the Office of Management

and Budget’s budgetary projections for the Coast Guard for those

years: Provided further, That none of the funds provided under

this heading may be obligated or expended for the Integrated Deepwater Systems (IDS) integration contract until the Secretary or

Deputy Secretary of Transportation and the Director, Office of

Management and Budget jointly approve a contingency procurement

strategy for the recapitalization of assets and capabilities envisioned

in the IDS: Provided further, That upon initial submission to the

Congress of the fiscal year 2003 President’s budget, the Secretary

of Transportation shall transmit to the Congress a comprehensive

capital investment plan for the United States Coast Guard which

includes funding for each budget line item for fiscal years 2003

through 2007, with total funding for each year of the plan constrained to the funding targets for those years as estimated and

approved by the Office of Management and Budget: Provided further, That the amount herein appropriated shall be reduced by

$100,000 per day for each day after initial submission of the President’s budget that the plan has not been submitted to the Congress:

Provided further, That the Director, Office of Management and

Budget shall submit the budget request for the IDS integration

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 837

contract delineating sub-headings which include the following: systems integrator, ship construction, aircraft, equipment, and communications, providing specific assets and costs under each subheading.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the Coast Guard’s environmental compliance and restoration functions under chapter 19 of

title 14, United States Code, $16,927,000, to remain available until

expended.

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive

bridges, $15,466,000, to remain available until expended.

RETIRED PAY

For retired pay, including the payment of obligations therefor

otherwise chargeable to lapsed appropriations for this purpose,

payments under the Retired Serviceman’s Family Protection and

Survivor Benefits Plans, payment for career status bonuses under

the National Defense Authorization Act, and for payments for medical care of retired personnel and their dependents under the

Dependents Medical Care Act (10 U.S.C. ch. 55), $876,346,000.

RESERVE TRAINING

(INCLUDING TRANSFER OF FUNDS)

For all necessary expenses of the Coast Guard Reserve, as

authorized by law; maintenance and operation of facilities; and

supplies, equipment, and services, $83,194,000: Provided, That no

more than $25,800,000 of funds made available under this heading

may be transferred to Coast Guard ‘‘Operating expenses’’ or otherwise made available to reimburse the Coast Guard for financial

support of the Coast Guard Reserve: Provided further, That none

of the funds in this Act may be used by the Coast Guard to

assess direct charges on the Coast Guard Reserves for items or

activities which were not so charged during fiscal year 1997.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses, not otherwise provided for, for applied

scientific research, development, test, and evaluation; maintenance,

rehabilitation, lease and operation of facilities and equipment, as

authorized by law, $20,222,000, to remain available until expended,

of which $3,492,000 shall be derived from the Oil Spill Liability

Trust Fund: Provided, That there may be credited to and used

for the purposes of this appropriation funds received from State

and local governments, other public authorities, private sources,

and foreign countries, for expenses incurred for research, development, testing, and evaluation.

115 STAT. 838 PUBLIC LAW 107–87—DEC. 18, 2001

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

For necessary expenses of the Federal Aviation Administration,

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance

of aircraft, subsidizing the cost of aeronautical charts and maps

sold to the public, lease or purchase of passenger motor vehicles

for replacement only, in addition to amounts made available by

Public Law 104–264, $6,886,000,000, of which $5,773,519,000 shall

be derived from the Airport and Airway Trust Fund, of which

not to exceed $5,452,871,000 shall be available for air traffic services

program activities; not to exceed $768,769,000 shall be available

for aviation regulation and certification program activities; not to

exceed $150,154,000 shall be available for civil aviation security

program activities; not to exceed $195,799,000 shall be available

for research and acquisition program activities; not to exceed

$12,456,000 shall be available for commercial space transportation

program activities; not to exceed $50,284,000 shall be available

for financial services program activities; not to exceed $69,516,000

shall be available for human resources program activities; not to

exceed $85,943,000 shall be available for regional coordination program activities; and not to exceed $109,208,000 shall be available

for staff offices: Provided, That none of the funds in this Act

shall be available for the Federal Aviation Administration to finalize

or implement any regulation that would promulgate new aviation

user fees not specifically authorized by law after the date of the

enactment of this Act: Provided further, That there may be credited

to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private

sources, for expenses incurred in the provision of agency services,

including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates,

or for tests related thereto, or for processing major repair or alteration forms: Provided further, That of the funds appropriated under

this heading, not less than $6,000,000 shall be for the contract

tower cost-sharing program: Provided further, That funds may be

used to enter into a grant agreement with a nonprofit standardsetting organization to assist in the development of aviation safety

standards: Provided further, That none of the funds in this Act

shall be available for new applicants for the second career training

program: Provided further, That none of the funds in this Act

shall be available for paying premium pay under 5 U.S.C. 5546(a)

to any Federal Aviation Administration employee unless such

employee actually performed work during the time corresponding

to such premium pay: Provided further, That none of the funds

in this Act may be obligated or expended to operate a manned

auxiliary flight service station in the contiguous United States:

Provided further, That none of the funds in this Act for aeronautical

charting and cartography are available for activities conducted by,

or coordinated through, the Transportation Administrative Service

Center.

Contracts.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 839

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and

hire of air navigation and experimental facilities and equipment

as authorized under part A of subtitle VII of title 49, United

States Code, including initial acquisition of necessary sites by lease

or grant; engineering and service testing, including construction

of test facilities and acquisition of necessary sites by lease or grant;

construction and furnishing of quarters and related accommodations

for officers and employees of the Federal Aviation Administration

stationed at remote localities where such accommodations are not

available; and the purchase, lease, or transfer of aircraft from

funds available under this heading; to be derived from the Airport

and Airway Trust Fund, $2,914,000,000, of which $2,536,900,000

shall remain available until September 30, 2004, and of which

$377,100,000 shall remain available until September 30, 2002: Provided, That there may be credited to this appropriation funds

received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment

and modernization of air navigation facilities: Provided further,

That upon initial submission to the Congress of the fiscal year

2003 President’s budget, the Secretary of Transportation shall

transmit to the Congress a comprehensive capital investment plan

for the Federal Aviation Administration which includes funding

for each budget line item for fiscal years 2003 through 2007, with

total funding for each year of the plan constrained to the funding

targets for those years as estimated and approved by the Office

of Management and Budget: Provided further, That the amount

herein appropriated shall be reduced by $100,000 per day for each

day after initial submission of the President’s budget that the

plan has not been submitted to the Congress.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

Of the available balances under this heading, $15,000,000 are

rescinded.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for

research, engineering, and development, as authorized under part

A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites

by lease or grant, $195,000,000, to be derived from the Airport

and Airway Trust Fund and to remain available until September

30, 2004: Provided, That there may be credited to this appropriation

funds received from States, counties, municipalities, other public

authorities, and private sources, for expenses incurred for research,

engineering, and development.

115 STAT. 840 PUBLIC LAW 107–87—DEC. 18, 2001

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning

and programs as authorized under subchapter I of chapter 471

and subchapter I of chapter 475 of title 49, United States Code,

and under other law authorizing such obligations; for procurement,

installation, and commissioning of runway incursion prevention

devices and systems at airports of such title; for implementation

of section 203 of Public Law 106–181; and for inspection activities

and administration of airport safety programs, including those

related to airport operating certificates under section 44706 of title

49, United States Code, $1,800,000,000, to be derived from the

Airport and Airway Trust Fund and to remain available until

expended: Provided, That none of the funds under this heading

shall be available for the planning or execution of programs the

obligations for which are in excess of $3,300,000,000 in fiscal year

2002, notwithstanding section 47117(h) of title 49, United States

Code: Provided further, That notwithstanding any other provision

of law, not more than $57,050,000 of funds limited under this

heading shall be obligated for administration and not less than

$20,000,000 shall be for the Small Community Air Service Development Pilot Program.

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the unobligated balances authorized under 49 U.S.C. 48103,

as amended, $301,720,000 are rescinded.

AVIATION INSURANCE REVOLVING FUND

The Secretary of Transportation is hereby authorized to make

such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section

104 of the Government Corporation Control Act, as amended (31

U.S.C. 9104), as may be necessary in carrying out the program

for aviation insurance activities under chapter 443 of title 49,

United States Code.

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Necessary expenses for administration and operation of the

Federal Highway Administration, not to exceed $311,000,000, shall

be paid in accordance with law from appropriations made available

by this Act to the Federal Highway Administration together with

advances and reimbursements received by the Federal Highway

Administration: Provided, That of the funds available under section

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 841

104(a)(1)(A) of title 23, United States Code: $7,500,000 shall be

available for ‘‘Child Passenger Protection Education Grants’’ under

section 2003(b) of Public Law 105–178, as amended; $4,000,000

shall be available for motor carrier safety research; $841,000 shall

be available for the motor carrier crash data improvement program;

$6,000,000 shall be available for the nationwide differential global

positioning system program; and $1,500,000 for environmental

streamlining activities.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the

implementation or execution of programs, the obligations for which

are in excess of $31,799,104,000 for Federal-aid highways and highway safety construction programs for fiscal year 2002: Provided, That within the $31,799,104,000 obligation limitation on Federalaid highways and highway safety construction programs, not more

than $447,500,000 shall be available for the implementation or

execution of programs for transportation research (sections 502,

503, 504, 506, 507, and 508 of title 23, United States Code, as

amended; section 5505 of title 49, United States Code, as amended;

and sections 5112 and 5204–5209 of Public Law 105–178) for fiscal

year 2002: Provided further, That this limitation on transportation

research programs shall not apply to any funds authorized under

section 110 of title 23, United States Code, and allocated to these

programs, or to any authority previously made available for obligation: Provided further, That within the $225,000,000 obligation

limitation on Intelligent Transportation Systems, the following

sums shall be made available for Intelligent Transportation System

projects that are designed to achieve the goals and purposes set

forth in section 5203 of the Intelligent Transportation Systems

Act of 1998 (subtitle C of title V of Public Law 105–178; 112

Stat. 453; 23 U.S.C. 502 note) in the following specified areas:

Alameda-Contra Costa, California, $500,000;

Alaska statewide, $2500,000;

Alexandria, Virginia, $750,000;

Arizona statewide EMS, $500,000;

Army trail road traffic signal coordination project, Illinois,

$300,000;

Atlanta smart corridors, Georgia, $1,000,000;

Austin, Texas, $125,000;

Automated crash notification, UAB, Alabama, $2,500,000;

Bay County Area wide traffic signal system, Florida,

$500,000;

Beaver County transit mobility manager, Pennsylvania,

$800,000;

Brownsville, Texas, $250,000;

Carbondale technology transfer center, Pennsylvania,

$1,000,000;

Cargo mate logistics and intermodal management, New

York, $1,250,000;

Central Ohio, $1,500,000;

Chattanooga, Tennessee, $2,000,000;

23 USC 104 note.

115 STAT. 842 PUBLIC LAW 107–87—DEC. 18, 2001

Chinatown intermodal transportation center, California, $1,750,000;

Clark County, Washington, $1,000,000;

Commercial vehicle information systems and networks,

New York, $450,000;

Dayton, Ohio, $1,250,000;

Detroit, Michigan (airport), $1,500,000;

Durham, Wake Counties, North Carolina, $500,000;

Eastern Kentucky rural highway information, $2,000,000;

Fargo, North Dakota, $1,000,000;

Forsyth, Guilford Counties, North Carolina, $1,000,000;

Genesee County, Michigan, $1,000,000;

Great Lakes, Michigan, $1,500,000;

Guidestar, Minnesota, $6,000,000;

Harrison County, Mississippi, $500,000;

Hawaii statewide, $1,000,000;

Hoosier SAFE-T, Indiana, $2,000,000;

Houma, Louisiana, $1,000,000;

I–90 connector testbed, New York, $1,000,000;

Illinois statewide, $2,000,000;

Inglewood, California, $500,000;

Integrated transportation management system, Delaware

statewide, $2,000,000;

Iowa statewide, $562,000;

Jackson Metropolitan, Mississippi, $500,000;

James Madison University, Virginia, $1,500,000;

Kansas City, Kansas, $500,000;

Kittitas County workzone traffic safety system, Washington, $450,000;

Lansing, Michigan, $750,000;

Las Vegas, Nevada, $1,450,000;

Lexington, Kentucky, $750,000;

Libertyville traffic management center, Illinois, $760,000;

Long Island rail road grade crossing deployment, New York,

$1,000,000;

Macomb, Michigan (border crossing), $1,000,000;

Maine statewide (rural), $500,000;

Maryland statewide, $1,000,000;

Miami-Dade, Florida, $1,000,000;

Monterey-Salinas, California, $750,000;

Montgomery County ECC & TMC, Maryland, $1,000,000;

Moscow, Idaho, $1,000,000;

Nebraska statewide, $4,000,000;

New York statewide information exchange systems, New

York, $500,000;

New York, New Jersey, Connecticut (TRANSCOM),

$2,500,000;

North Greenbush, New York, $1,000,000;

Oklahoma statewide, $3,000,000;

Oxford, Mississippi, $500,000;

Pennsylvania statewide (turnpike), $500,000;

Philadelphia, Pennsylvania, $1,033,000;

Philadelphia, Pennsylvania (Drexel), $1,500,000;

Pioneer Valley, Massachusetts, $1,500,000;

Port of Long Beach, California, $500,000;

Port of Tacoma trucker congestion notification system,

Washington, $200,000;

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 843

Roadside animal detection test-bed, Montana, $500,000;

Rochester-Genesse, New York, $800,000;

Rutland, Vermont, $750,000;

Sacramento, California, $3,000,000;

San Diego joint transportation operations center, California, $1,500,000;

San Francisco central control communications, California,

$250,000;

Santa Anita, California, $300,000;

Santa Teresa, New Mexico, $750,000;

Shreveport, Louisiana, $750,000;

Silicon Valley transportation management center, California, $700,000;

South Carolina DOT, $3,000,000;

Southeast Corridor, Colorado, $7,000,000;

Southern Nevada (bus), $1,100,000;

Spillway road incident management system, Mississippi,

$600,000;

St. Louis, Missouri, $1,000,000;

Statewide transportation operations center, Kentucky,

$2,000,000;

Superior, I–39 corridor, Wisconsin, $2,500,000;

Texas statewide, $2,000,000;

Travel network, South Dakota, $2,325,000;

University of Arizona ATLAS Center, Arizona, $500,000;

Utah Statewide, $560,000;

Vermont statewide (rural), $1,500,000;

Washington statewide, $4,500,000;

Washington, D.C. metropolitan region, $2,000,000;

Wayne County road information management system,

Michigan, $1,500,000;

Wichita, Kansas, $1,200,000;

Wisconsin communications network, $310,000;

Wisconsin statewide, $1,000,000; and

Yakima County adverse weather operations, Washington,

$475,000:

Provided further, That, notwithstanding any other provision of law,

funds authorized under section 110 of title 23, United States Code,

for fiscal year 2002 shall be apportioned to the States in accordance

with the distribution set forth in section 110(b)(4)(A) and (B) of

title 23, United States Code, except that before such apportionments

are made, $35,565,651 shall be set aside for the program authorized

under section 1101(a)(8)(A) of the Transportation Equity Act for

the 21st Century, as amended, and section 204 of title 23, United

States Code; $31,815,091 shall be set aside for the program authorized under section 1101(a)(8)(B) of the Transportation Equity Act

for the 21st Century, as amended, and section 204 of title 23,

United States Code; $21,339,391 shall be set aside for the program

authorized under section 1101(a)(8)(C) of the Transportation Equity

Act for the 21st Century, as amended, and section 204 of title

23, United States Code; $2,586,593 shall be set aside for the program authorized under section 1101(a)(8)(D) of the Transportation

Equity Act for the 21st Century, as amended, and section 204

of title 23, United States Code; $25,579,000 shall be set aside

for the program authorized under section 129(c) of title 23, United

States Code, and section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991, as amended; $352,256,000 shall be

115 STAT. 844 PUBLIC LAW 107–87—DEC. 18, 2001

set aside for the programs authorized under sections 1118 and

1119 of the Transportation Equity Act for the 21st Century, as

amended; $3,348,128 shall be set aside for the program authorized

under section 1101(a)(11) of the Transportation Equity Act for the

21st Century, as amended and section 162 of title 23, United

States Code; $76,025,000 shall be set aside for the program authorized under section 118(c) of title 23, United States Code; $62,450,000

shall be set aside for the program authorized under section 144(g)

of title 23, United States Code; $251,092,600 shall be set aside

for the program authorized under section 1221 of the Transportation

Equity Act for the 21st Century, as amended; $10,000,000 shall

be set aside for the program authorized under section 502(e) of

title 23, United States Code; $56,300,000 shall be available for

border infrastructure improvements; $45,122,600 shall be available

for allocation by the Secretary for public lands highways; and

$23,896,000 shall be set aside and transferred to the Federal Motor

Carrier Safety Administration as authorized by section 102 of Public

Law 106–159: Provided further, That, of the funds to be apportioned

to each State under section 110 for fiscal year 2002, the Secretary

shall ensure that such funds are apportioned for the programs

authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),

1101(a)(4), and 1101(a)(5) of the Transportation Equity Act for

the 21st Century, as amended, in the same ratio that each State

is apportioned funds for such programs in fiscal year 2002 but

for this section.

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for carrying out

the provisions of title 23, United States Code, that are attributable

to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise

provided, including reimbursement for sums expended pursuant

to the provisions of 23 U.S.C. 308, $30,000,000,000 or so much

thereof as may be available in and derived from the Highway

Trust Fund, to remain available until expended.

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law

102–240, as amended, $200,000,000, to remain available until

expended.

STATE INFRASTRUCTURE BANKS

(RESCISSION)

Of the funds made available for State Infrastructure Banks

in Public Law 104–205, $5,750,000 are rescinded.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 845

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY

LIMITATION ON ADMINISTRATIVE EXPENSES

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses for administration of motor carrier

safety programs and motor carrier safety research, pursuant to

section 104(a)(1)(B) of title 23, United States Code, not to exceed

$110,000,000 shall be paid in accordance with law from appropriations made available by this Act and from any available takedown balances to the Federal Motor Carrier Safety Administration,

together with advances and reimbursements received by the Federal

Motor Carrier Safety Administration: Provided, That such amounts

shall be available to carry out the functions and operations of

the Federal Motor Carrier Safety Administration.

Of the unobligated balances authorized under 23 U.S.C.

104(a)(1)(B), $6,665,342 are rescinded.

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out 49 U.S.C. 31102, 31106 and

31309, $205,896,000, to be derived from the Highway Trust Fund

and to remain available until expended: Provided, That none of

the funds in this Act shall be available for the implementation

or execution of programs the obligations for which are in excess

of $182,000,000 for ‘‘Motor Carrier Safety Grants’’, and ‘‘Information

Systems’’: Provided further, That notwithstanding any other provision of law, of the $23,896,000 provided under 23 U.S.C. 110,

$18,000,000 shall be for border State grants and $4,837,000 shall

be for State commercial driver’s license program improvements.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under chapter

301 of title 49, United States Code, and part C of subtitle VI

of title 49, United States Code, $127,780,000, of which $95,835,000

shall remain available until September 30, 2004: Provided, That

none of the funds appropriated by this Act may be obligated or

expended to plan, finalize, or implement any rulemaking to add

to section 575.104 of title 49 of the Code of Federal Regulations

any requirement pertaining to a grading standard that is different

from the three grading standards (treadwear, traction, and temperature resistance) already in effect.

115 STAT. 846 PUBLIC LAW 107–87—DEC. 18, 2001

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, to remain available until expended,

$72,000,000, to be derived from the Highway Trust Fund: Provided,

That none of the funds in this Act shall be available for the

planning or execution of programs the total obligations for which,

in fiscal year 2002, are in excess of $72,000,000 for programs

authorized under 23 U.S.C. 403.

Of the unobligated balances authorized under 23 U.S.C. 403,

$1,516,000 are rescinded.

NATIONAL DRIVER REGISTER

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter

303 of title 49, United States Code, $2,000,000, to be derived from

the Highway Trust Fund, and to remain available until expended.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out the provisions of 23 U.S.C.

402, 405, 410, and 411 to remain available until expended,

$223,000,000, to be derived from the Highway Trust Fund: Provided,

That none of the funds in this Act shall be available for the

planning or execution of programs the total obligations for which,

in fiscal year 2002, are in excess of $223,000,000 for programs

authorized under 23 U.S.C. 402, 405, 410, and 411 of which

$160,000,000 shall be for ‘‘Highway Safety Programs’’ under 23

U.S.C. 402, $15,000,000 shall be for ‘‘Occupant Protection Incentive

Grants’’ under 23 U.S.C. 405, $38,000,000 shall be for ‘‘AlcoholImpaired Driving Countermeasures Grants’’ under 23 U.S.C. 410,

and $10,000,000 shall be for the ‘‘State Highway Safety Data

Grants’’ under 23 U.S.C. 411: Provided further, That none of these

funds shall be used for construction, rehabilitation, or remodeling

costs, or for office furnishings and fixtures for State, local, or private

buildings or structures: Provided further, That not to exceed

$8,000,000 of the funds made available for section 402, not to

exceed $750,000 of the funds made available for section 405, not

to exceed $1,900,000 of the funds made available for section 410,

and not to exceed $500,000 of the funds made available for section

411 shall be available to NHTSA for administering highway safety

grants under chapter 4 of title 23, United States Code: Provided

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 847

further, That not to exceed $500,000 of the funds made available

for section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be available for technical assistance to the States.

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration,

not otherwise provided for, $110,857,000, of which $6,509,000 shall

remain available until expended.

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development,

$29,000,000, to remain available until expended.

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the

Secretary of the Treasury notes or other obligations pursuant to

section 512 of the Railroad Revitalization and Regulatory Reform

Act of 1976 (Public Law 94–210), as amended, in such amounts

and at such times as may be necessary to pay any amounts required

pursuant to the guarantee of the principal amount of obligations

under sections 511 through 513 of such Act, such authority to

exist as long as any such guaranteed obligation is outstanding:

Provided, That pursuant to section 502 of such Act, as amended,

no new direct loans or loan guarantee commitments shall be made

using Federal funds for the credit risk premium during fiscal year

2002.

NEXT GENERATION HIGH-SPEED RAIL

For necessary expenses for the Next Generation High-Speed

Rail program as authorized under 49 U.S.C. 26101 and 26102,

$32,300,000, to remain available until expended.

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to

the Alaska Railroad, $20,000,000 shall be for capital rehabilitation

and improvements benefiting its passenger operations, to remain

available until expended.

CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

For necessary expenses of capital improvements of the National

Railroad Passenger Corporation as authorized by 49 U.S.C.

24104(a), $521,476,000, to remain available until expended.

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit

Administration’s programs authorized by chapter 53 of title 49, United States Code, $13,400,000: Provided, That no more than

115 STAT. 848 PUBLIC LAW 107–87—DEC. 18, 2001

$67,000,000 of budget authority shall be available for these purposes: Provided further, That of the funds in this Act available

for the execution of contracts under section 5327(c) of title 49,

United States Code, $2,000,000 shall be reimbursed to the Department of Transportation’s Office of Inspector General for costs associated with audits and investigations of transit-related issues,

including reviews of new fixed guideway systems: Provided further,

That not to exceed $2,600,000 for the National transit database

shall remain available until expended.

FORMULA GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5307, 5308,

5310, 5311, 5327, and section 3038 of Public Law 105–178,

$718,400,000, to remain available until expended: Provided, That

no more than $3,592,000,000 of budget authority shall be available

for these purposes: Provided further, That, notwithstanding any

other provision of law, of the funds provided under this heading,

$5,000,000 shall be available for grants for the costs of planning,

delivery, and temporary use of transit vehicles for special transportation needs and construction of temporary transportation facilities

for the VIII Paralympiad for the Disabled, to be held in Salt

Lake City, Utah: Provided further, That in allocating the funds

designated in the preceding proviso, the Secretary shall make grants

only to the Utah Department of Transportation, and such grants

shall not be subject to any local share requirement or limitation

on operating assistance under this Act or the Federal Transit Act,

as amended: Provided further, That notwithstanding section 3008

of Public Law 105–178 and 49 U.S.C. 5309(m)(3)(C), $50,000,000

of the funds to carry out 49 U.S.C. 5308 shall be transferred

to and merged with funding provided for the replacement,

rehabilitation, and purchase of buses and related equipment and

the construction of bus-related facilities under ‘‘Federal Transit

Administration, Capital investment grants’’.

UNIVERSITY TRANSPORTATION RESEARCH

For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000,

to remain available until expended: Provided, That no more than

$6,000,000 of budget authority shall be available for these purposes.

TRANSIT PLANNING AND RESEARCH

For necessary expenses to carry out 49 U.S.C. 5303, 5304,

5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $23,000,000,

to remain available until expended: Provided, That no more than

$116,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide

rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000

is available to carry out programs under the National Transit

Institute (49 U.S.C. 5315), $8,250,000 is available to carry out

transit cooperative research programs (49 U.S.C. 5313(a)),

$55,422,400 is available for metropolitan planning (49 U.S.C. 5303,

5304, and 5305), $11,577,600 is available for State planning (49

U.S.C. 5313(b)); and $31,500,000 is available for the national planning and research program (49 U.S.C. 5314).

Utah.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 849

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310– 5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038

of Public Law 105–178, $5,397,800,000, to remain available until

expended, and to be derived from the Mass Transit Account of

the Highway Trust Fund: Provided, That $2,873,600,000 shall be

paid to the Federal Transit Administration’s formula grants

account: Provided further, That $93,000,000 shall be paid to the

Federal Transit Administration’s transit planning and research

account: Provided further, That $53,600,000 shall be paid to the

Federal Transit Administration’s administrative expenses account:

Provided further, That $4,800,000 shall be paid to the Federal

Transit Administration’s university transportation research

account: Provided further, That $100,000,000 shall be paid to the

Federal Transit Administration’s job access and reverse commute

grants program: Provided further, That $2,272,800,000 shall be

paid to the Federal Transit Administration’s capital investment

grants account.

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5308, 5309,

5318, and 5327, $568,200,000, to remain available until expended:

Provided, That no more than $2,841,000,000 of budget authority

shall be available for these purposes: Provided further, That there

shall be available for fixed guideway modernization, $1,136,400,000;

there shall be available for the replacement, rehabilitation, and

purchase of buses and related equipment and the construction

of bus-related facilities, $568,200,000, together with $50,000,000

transferred from ‘‘Federal Transit Administration, Formula Grants’’;

and there shall be available for new fixed guideway systems

$1,136,400,000, together with $1,488,840 of the funds made available under ‘‘Federal Transit Administration, Capital investment

grants’’ in Public Law 105–277; to be available as follows:

$10,296,000 for Alaska or Hawaii ferry projects;

$1,000,000 for the Albuquerque, New Mexico, light rail

project;

$25,000,000 for the Atlanta, Georgia, North line extension

project;

$13,000,000 for the Baltimore, Maryland, central light rail

transit double track project;

$1,500,000 for the Baltimore, Maryland, rail transit project;

$2,000,000 for the Birmingham, Alabama, transit corridor

project;

$10,631,245 for the Boston, Massachusetts, South Boston

Piers transitway project;

$500,000 for the Boston, Massachusetts, urban ring transit

project;

$7,000,000 for the Charlotte, North Carolina, South corridor light rail transit project;

115 STAT. 850 PUBLIC LAW 107–87—DEC. 18, 2001

$32,750,000 for the Chicago, Illinois, Douglas branch

reconstruction project;

$55,000,000 for the Chicago, Illinois, METRA commuter

rail and line extension projects;

$3,000,000 for the Chicago, Illinois, Ravenswood

reconstruction project;

$6,000,000 for the Cleveland, Ohio, Euclid corridor

transportation project;

$70,000,000 for the Dallas, Texas, North Central light rail

transit extension project;

$55,000,000 for the Denver, Colorado, Southeast corridor

light rail transit project;

$192,492 for the Denver, Colorado, Southwest corridor light

rail transit project;

$150,000 for the Des Moines, Iowa, DSM bus feasibility

project;

$200,000 for the Dubuque, Iowa, light rail feasibility

project;

$25,000,000 for the Dulles corridor, Virginia, bus rapid

transit project;

$27,000,000 for the Fort Lauderdale, Florida, Tri-County

commuter rail upgrades project;

$2,000,000 for the Fort Worth, Texas, Trinity railway

express project;

$750,000 for the Grand Rapids, Michigan, ITP metro area,

major corridor project;

$12,000,000 for Honolulu, Hawaii, bus rapid transit project;

$10,000,000 for the Houston, Texas, Metro advanced transit

project;

$300,000 for the Iowa, Metrolink light rail feasibility

project;

$1,500,000 for the Johnson County, Kansas-Kansas City,

Missouri, I–35 commuter rail project;

$2,000,000 for the Kenosha-Racine-Milwaukee, Wisconsin,

commuter rail extension project;

$55,000,000 for the Largo, Maryland, metrorail extension

project;

$2,000,000 for the Little Rock, Arkansas, river rail project;

$14,744,420 for the Long Island Rail Road, New York,

East Side access project;

$9,289,557 for the Los Angeles, California, North Hollywood extension project;

$7,500,000 for the Los Angeles, California, East Side corridor light rail transit project;

$3,000,000 for the Lowell, Massachusetts-Nashua, New

Hampshire commuter rail extension project;

$12,000,000 for the Maryland (MARC) commuter rail

improvements projects;

$19,170,000 for the Memphis, Tennessee, Medical center

rail extension project;

$5,000,000 for the Miami, Florida, South Miami-Dade

busway extension project;

$10,000,000 for the Minneapolis-Rice, Minnesota, Northstar

corridor commuter rail project;

$50,000,000 for the Minneapolis-St. Paul, Minnesota, Hiawatha corridor light rail transit project;

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 851

$4,000,000 for the Nashville, Tennessee, East corridor commuter rail project; $141,000,000 for the New Jersey Hudson-Bergen light rail

transit project;

$15,000,000 for the New Orleans, Louisiana, Canal Street

car line project;

$1,200,000 for the New Orleans, Louisiana, Desire corridor

streetcar project;

$2,000,000 for the New York, New York, Second Avenue

subway project;

$20,000,000 for the Newark-Elizabeth, New Jersey, rail

link project;

$2,500,000 for the Northeast Indianapolis, Indiana, downtown corridor project;

$2,500,000 for the Northern Indiana South Shore commuter

rail project;

$6,500,000 for the Oceanside-Escondido, California, light

rail extension project;

$500,000 for the Ohio, Central Ohio North corridor rail

(COTA) project;

$5,000,000 for the Pawtucket-TF Green, Rhode Island, commuter rail and maintenance facility project;

$9,000,000 for the Philadelphia, Pennsylvania, Schuykill

Valley metro project;

$10,000,000 for the Phoenix, Arizona, Central Phoenix/East

Valley corridor project;

$8,000,000 for the Pittsburgh, Pennsylvania, North Shore

connector light rail transit project;

$18,000,000 for the Pittsburgh, Pennsylvania, stage II light

rail transit reconstruction project;

$64,000,000 for the Portland, Oregon, Interstate MAX light

rail transit extension project;

$20,000,000 for the Puget Sound, Washington, RTA

Sounder commuter rail project;

$9,000,000 for the Raleigh, North Carolina, Triangle transit

project;

$328,000 for the Sacramento, California, light rail transit

extension project;

$14,000,000 for the Salt Lake City, Utah, CBD to University light rail transit project;

$3,000,000 for the Salt Lake City, Utah, University Medical

Center light rail transit extension project;

$60,000,000 for the San Diego, California, Mission Valley

East light rail project;

$1,000,000 for the San Diego, California, Mid Coast corridor

project;

$75,673,790 for the San Francisco, California, BART extension to the airport project;

$113,336 for the San Jose, California, Tasman West light

rail transit project;

$40,000,000 for the San Juan, Puerto Rico, Tren Urbano

project;

$1,700,000 for the Sioux City, Iowa, light rail project;

$28,000,000 for the St. Louis-St. Clair, Missouri, metrolink

extension project;

$5,000,000 for the Stamford, Connecticut, urban transitway

project;

115 STAT. 852 PUBLIC LAW 107–87—DEC. 18, 2001

$3,000,000 for the Stockton, California, Altamont commuter

rail project; $3,000,000 for the Virginia Railway Express station

improvements project;

$500,000 for the Washington County, Oregon, Wilsonville

to Beaverton commuter rail project;

$2,500,000 for the Wasilla, Alaska, alternative route

project; and

$400,000 for the Yosemite, California, area regional

transportation system project.

JOB ACCESS AND REVERSE COMMUTE GRANTS

Notwithstanding section 3037(l)(3) of Public Law 105–178, as

amended, for necessary expenses to carry out section 3037 of the

Federal Transit Act of 1998, $25,000,000, to remain available until

expended: Provided, That no more than $125,000,000 of budget

authority shall be available for these purposes: Provided further, That up to $250,000 of the funds provided under this heading

may be used by the Federal Transit Administration for technical

assistance and support and performance reviews of the Job Access

and Reverse Commute Grants program.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is

hereby authorized to make such expenditures, within the limits

of funds and borrowing authority available to the Corporation,

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as

amended, as may be necessary in carrying out the programs set

forth in the Corporation’s budget for the current fiscal year.

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations and maintenance of those

portions of the Saint Lawrence Seaway operated and maintained

by the Saint Lawrence Seaway Development Corporation,

$13,345,000, to be derived from the Harbor Maintenance Trust

Fund, pursuant to Public Law 99–662.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the

Research and Special Programs Administration, $37,279,000, of

which $645,000 shall be derived from the Pipeline Safety Fund,

and of which $2,170,000 shall remain available until September

30, 2004: Provided, That up to $1,200,000 in fees collected under

49 U.S.C. 5108(g) shall be deposited in the general fund of the

Treasury as offsetting receipts: Provided further, That there may

be credited to this appropriation, to be available until expended,

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 853

funds received from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training,

for reports publication and dissemination, and for travel expenses

incurred in performance of hazardous materials exemptions and

approvals functions.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline

safety program, for grants-in-aid to carry out a pipeline safety

program, as authorized by 49 U.S.C. 60107, and to discharge the

pipeline program responsibilities of the Oil Pollution Act of 1990,

$58,250,000, of which $7,864,000 shall be derived from the Oil

Spill Liability Trust Fund and shall remain available until September 30, 2004; of which $50,386,000 shall be derived from the

Pipeline Safety Fund, of which $30,828,000 shall remain available

until September 30, 2004.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,

to be derived from the Emergency Preparedness Fund, to remain

available until September 30, 2004: Provided, That not more than

$14,300,000 shall be made available for obligation in fiscal year

2002 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):

Provided further, That none of the funds made available by 49

U.S.C. 5116(i) and 5127(d) shall be made available for obligation

by individuals other than the Secretary of Transportation, or his

designee.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to

carry out the provisions of the Inspector General Act of 1978,

as amended, $50,614,000: Provided, That the Inspector General

shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.

3) to investigate allegations of fraud, including false statements

to the government (18 U.S.C. 1001), by any person or entity that

is subject to regulation by the Department: Provided further, That

the funds made available under this heading shall be used to

investigate, pursuant to section 41712 of title 49, United States

Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents;

and (2) the compliance of domestic and foreign air carriers with

respect to item (1) of this proviso.

115 STAT. 854 PUBLIC LAW 107–87—DEC. 18, 2001

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $18,457,000: Provided, That notwithstanding any other provision of law, not to exceed $950,000 from fees established by the Chairman of the

Surface Transportation Board shall be credited to this appropriation

as offsetting collections and used for necessary and authorized

expenses under this heading: Provided further, That the sum herein

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during

fiscal year 2002, to result in a final appropriation from the general

fund estimated at no more than $17,507,000.

TITLE II

RELATED AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS

COMPLIANCE BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502

of the Rehabilitation Act of 1973, as amended, $5,015,000: Provided,

That, notwithstanding any other provision of law, there may be

credited to this appropriation funds received for publications and

training expenses.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety

Board, including hire of passenger motor vehicles and aircraft;

services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the rate for a GS–

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.

5901–5902) $68,000,000, of which not to exceed $2,000 may be

used for official reception and representation expenses.

TITLE III

GENERAL PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for

maintenance and operation of aircraft; hire of passenger motor

vehicles and aircraft; purchase of liability insurance for motor

vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law

(5 U.S.C. 5901–5902).

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 855

SEC. 302. Such sums as may be necessary for fiscal year 2002

pay raises for programs funded in this Act shall be absorbed within

the levels appropriated in this Act or previous appropriations Acts.

SEC. 303. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized

by 5 U.S.C. 3109, but at rates for individuals not to exceed the

per diem rate equivalent to the rate for an Executive Level IV.

SEC. 304. None of the funds in this Act shall be available

for salaries and expenses of more than 105 political and Presidential

appointees in the Department of Transportation: Provided, That

none of the personnel covered by this provision or political and

Presidential appointees in an independent agency funded in this

Act may be assigned on temporary detail outside the Department

of Transportation or such independent agency except to the Office

of Homeland Security.

SEC. 305. None of the funds in this Act shall be used for

the planning or execution of any program to pay the expenses

of, or otherwise compensate, non-Federal parties intervening in

regulatory or adjudicatory proceedings funded in this Act.

SEC. 306. None of the funds appropriated in this Act shall

remain available for obligation beyond the current fiscal year, nor

may any be transferred to other appropriations, unless expressly

so provided herein.

SEC. 307. The expenditure of any appropriation under this

Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited

to those contracts where such expenditures are a matter of public

record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive order

issued pursuant to existing law.

SEC. 308. None of the funds in this Act shall be used to

implement section 404 of title 23, United States Code.

SEC. 309. The limitations on obligations for the programs of

the Federal Transit Administration shall not apply to any authority

under 49 U.S.C. 5338, previously made available for obligation,

or to any other authority previously made available for obligation.

SEC. 310. (a) For fiscal year 2002, the Secretary of Transportation shall—

(1) not distribute from the obligation limitation for Federalaid Highways amounts authorized for administrative expenses

and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code,

for the highway use tax evasion program, amounts provided

under section 110 of title 23, United States Code, and for

the Bureau of Transportation Statistics;

(2) not distribute an amount from the obligation limitation

for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund

(other than the Mass Transit Account) for Federal-aid highways

and highway safety programs for the previous fiscal year the

funds for which are allocated by the Secretary;

(3) determine the ratio that—

(A) the obligation limitation for Federal-aid Highways

less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to

(B) the total of the sums authorized to be appropriated

for Federal-aid highways and highway safety construction

23 USC 104 note.

49 USC 5338

note.

Contracts.

Public

information.

115 STAT. 856 PUBLIC LAW 107–87—DEC. 18, 2001

programs (other than sums authorized to be appropriated

for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for

section 105 of title 23, United States Code, equal to the

amount referred to in subsection (b)(8)) for such fiscal

year less the aggregate of the amounts not distributed

under paragraph (1) of this subsection;

(4) distribute the obligation limitation for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) of section 117 of title 23, United States

Code (relating to high priority projects program), section 201

of the Appalachian Regional Development Act of 1965, the

Woodrow Wilson Memorial Bridge Authority Act of 1995, and

$2,000,000,000 for such fiscal year under section 105 of title

23, United States Code (relating to minimum guarantee) so

that the amount of obligation authority available for each of

such sections is equal to the amount determined by multiplying

the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case

of section 105, $2,000,000,000) for such fiscal year;

(5) distribute the obligation limitation provided for Federalaid Highways less the aggregate amounts not distributed under

paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the

Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which

paragraph (4) applies) by multiplying the ratio determined

under paragraph (3) by the sums authorized to be appropriated

for such program for such fiscal year; and

(6) distribute the obligation limitation provided for Federalaid Highways less the aggregate amounts not distributed under

paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety

construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for

the minimum guarantee program for such fiscal year exceed

$2,639,000,000, and the Appalachian development highway

system program) that are apportioned by the Secretary under

title 23, United States Code, in the ratio that—

(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal

year, bear to

(B) the total of the sums authorized to be appropriated

for such programs that are apportioned to all States for

such fiscal year.

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation

limitation for Federal-aid Highways shall not apply to obligations:

(1) under section 125 of title 23, United States Code; (2) under

section 147 of the Surface Transportation Assistance Act of 1978;

(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)

under sections 131(b) and 131( j) of the Surface Transportation

Assistance Act of 1982; (5) under sections 149(b) and 149(c) of

the Surface Transportation and Uniform Relocation Assistance Act

of 1987; (6) under sections 1103 through 1108 of the Intermodal

Surface Transportation Efficiency Act of 1991; (7) under section

157 of title 23, United States Code, as in effect on the day before

the date of the enactment of the Transportation Equity Act for

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 857

the 21st Century; and (8) under section 105 of title 23, United

States Code (but, only in an amount equal to $639,000,000 for

such fiscal year).

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1

for such fiscal year revise a distribution of the obligation limitation

made available under subsection (a) if a State will not obligate

the amount distributed during that fiscal year and redistribute

sufficient amounts to those States able to obligate amounts in

addition to those previously distributed during that fiscal year

giving priority to those States having large unobligated balances

of funds apportioned under sections 104 and 144 of title 23, United

States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of

title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.

1943–1945).

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply

to transportation research programs carried out under chapter 5

of title 23, United States Code, except that obligation authority

made available for such programs under such limitation shall

remain available for a period of 3 fiscal years.

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later

than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the

States any funds: (1) that are authorized to be appropriated for

such fiscal year for Federal-aid highways programs (other than

the program under section 160 of title 23, United States Code)

and for carrying out subchapter I of chapter 311 of title 49, United

States Code, and highway-related programs under chapter 4 of

title 23, United States Code; and (2) that the Secretary determines

will not be allocated to the States, and will not be available for

obligation, in such fiscal year due to the imposition of any obligation

limitation for such fiscal year. Such distribution to the States shall

be made in the same ratio as the distribution of obligation authority

under subsection (a)(6). The funds so distributed shall be available

for any purposes described in section 133(b) of title 23, United

States Code.

(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal

year under subsection (a)(4) of this section for a section set forth

in subsection (a)(4) shall remain available until used and shall

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

SEC. 311. (a) No recipient of funds made available in this

Act shall disseminate personal information (as defined in 18 U.S.C.

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),

except as provided in 18 U.S.C. 2721 for a use permitted under

18 U.S.C. 2721.

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in

noncompliance with this provision.

SEC. 312. None of the funds in this Act shall be available

to plan, finalize, or implement regulations that would establish

a vessel traffic safety fairway less than five miles wide between

Deadline.

115 STAT. 858 PUBLIC LAW 107–87—DEC. 18, 2001

the Santa Barbara Traffic Separation Scheme and the San Francisco

Traffic Separation Scheme.

SEC. 313. Notwithstanding any other provision of law, airports

may transfer, without consideration, to the Federal Aviation

Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,

the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement

program grant: Provided, That, the Federal Aviation Administration

shall accept such equipment, which shall thereafter be operated

and maintained by FAA in accordance with agency criteria.

SEC. 314. Notwithstanding any other provision of law, and

except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital

investment grants’’ for projects specified in this Act or identified

in reports accompanying this Act not obligated by September 30,

2004, and other recoveries, shall be made available for other projects

under 49 U.S.C. 5309.

SEC. 315. Notwithstanding any other provision of law, any

funds appropriated before October 1, 2001, under any section of

chapter 53 of title 49, United States Code, that remain available

for expenditure may be transferred to and administered under

the most recent appropriation heading for any such section.

SEC. 316. None of the funds in this Act may be used to compensate in excess of 335 technical staff-years under the federally

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation

Systems Development during fiscal year 2002.

SEC. 317. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad

Administration from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training

may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit

Administration’s ‘‘Transit Planning and Research’’ account, and to

the Federal Railroad Administration’s ‘‘Safety and Operations’’

account, except for State rail safety inspectors participating in

training pursuant to 49 U.S.C. 20105.

SEC. 318. Of the funds made available under section 1101(a)(12)

and section 1503 of Public Law 105–178, as amended, $52,973,000

are rescinded.

SEC. 319. Beginning in fiscal year 2002 and thereafter, the

Secretary may use up to 1 percent of the amounts made available

to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C.

5327.

SEC. 320. Funds made available for Alaska or Hawaii ferry

boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)

may be used to construct new vessels and facilities, or to improve

existing vessels and facilities, including both the passenger and

vehicle-related elements of such vessels and facilities, and for repair

facilities: Provided, That not more than $3,000,000 of the funds

made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used

by the State of Hawaii to initiate and operate a passenger ferryboat

services demonstration project to test the viability of different intraisland and inter-island ferry routes.

49 USC 5327

note.

49 USC 44502

note.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 859

SEC. 321. Notwithstanding 31 U.S.C. 3302, funds received by

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111

may be credited to the Federal-aid highways account for the purpose

of reimbursing the Bureau for such expenses: Provided, That such

funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction.

SEC. 322. Section 3030(a) of the Transportation Equity Act

for the 21st Century (Public Law 105–178) is amended by adding

at the end, the following line: ‘‘Washington County—Wilsonville

to Beaverton commuter rail.’’.

SEC. 323. Section 3030(b) of the Transportation Equity Act

for the 21st Century (Public Law 105–178) is amended by adding

at the end the following: ‘‘Detroit, Michigan Metropolitan Airport

rail project.’’.

SEC. 324. None of the funds in this Act may be obligated

or expended for employee training which: (a) does not meet identified needs for knowledge, skills and abilities bearing directly upon

the performance of official duties; (b) contains elements likely to

induce high levels of emotional response or psychological stress

in some participants; (c) does not require prior employee notification

of the content and methods to be used in the training and written

end of course evaluations; (d) contains any methods or content

associated with religious or quasi-religious belief systems or ‘‘new

age’’ belief systems as defined in Equal Employment Opportunity

Commission Notice N–915.022, dated September 2, 1988; (e) is

offensive to, or designed to change, participants’ personal values

or lifestyle outside the workplace; or (f) includes content related

to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees

more aware of the medical ramifications of HIV/AIDS and the

workplace rights of HIV-positive employees.

SEC. 325. None of the funds in this Act shall, in the absence

of express authorization by Congress, be used directly or indirectly

to pay for any personal service, advertisement, telegraph, telephone,

letter, printed or written material, radio, television, video presentation, electronic communications, or other device, intended or

designed to influence in any manner a Member of Congress or

of a State legislature to favor or oppose by vote or otherwise,

any legislation or appropriation by Congress or a State legislature

after the introduction of any bill or resolution in Congress proposing

such legislation or appropriation, or after the introduction of any

bill or resolution in a State legislature proposing such legislation

or appropriation: Provided, That this shall not prevent officers

or employees of the Department of Transportation or related agencies funded in this Act from communicating to Members of Congress

or to Congress, on the request of any Member, or to members

of State legislature, or to a State legislature, through the proper

official channels, requests for legislation or appropriations which

they deem necessary for the efficient conduct of business.

SEC. 326. (a) IN GENERAL.—None of the funds made available

in this Act may be expended by an entity unless the entity agrees

that in expending the funds the entity will comply with the Buy

American Act (41 U.S.C. 10a–10c).

(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING

NOTICE.—

112 Stat. 375.

112 Stat. 373.

115 STAT. 860 PUBLIC LAW 107–87—DEC. 18, 2001

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD- UCTS.—In the case of any equipment or product that may

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products to the greatest extent practicable.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing

financial assistance using funds made available in this Act,

the head of each Federal agency shall provide to each recipient

of the assistance a notice describing the statement made in

paragraph (1) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY

LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally

determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription,

or any inscription with the same meaning, to any product sold

in or shipped to the United States that is not made in the United

States, the person shall be ineligible to receive any contract or

subcontract made with funds made available in this Act, pursuant

to the debarment, suspension, and ineligibility procedures described

in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 327. Rebates, refunds, incentive payments, minor fees

and other funds received by the Department from travel management centers, charge card programs, the subleasing of building

space, and miscellaneous sources are to be credited to appropriations of the Department and allocated to elements of the Department using fair and equitable criteria and such funds shall be

available until December 31, 2002.

SEC. 328. Notwithstanding any other provision of law, rule

or regulation, the Secretary of Transportation is authorized to allow

the issuer of any preferred stock heretofore sold to the Department

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.

SEC. 329. For necessary expenses of the Amtrak Reform Council

authorized under section 203 of Public Law 105–134, $225,000.

SEC. 330. In addition to amounts otherwise made available

in this Act, to enable the Secretary of Transportation to make

grants for surface transportation projects, $144,000,000, to remain

available until expended.

SEC. 331. During fiscal year 2002, for providing support to

the Department of Defense, the Coast Guard Yard and other Coast

Guard specialized facilities designated by the Commandant shall

qualify as components of the Department of Defense for competition

and workload assignment purposes: Provided, That in addition,

for purposes of entering into joint public-private partnerships and

other cooperative arrangements for the performance of work, the

Coast Guard Yard and other Coast Guard specialized facilities

may enter into agreements or other arrangements, receive and

retain funds from and pay funds to such public and private entities,

and may accept contributions of funds, materials, services, and

the use of facilities from such entities: Provided further, That

amounts received under this section may be credited to appropriate

Coast Guard accounts for fiscal year 2002.

SEC. 332. None of the funds in this Act may be used to make

a grant unless the Secretary of Transportation notifies the House

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 861

and Senate Committees on Appropriations not less than 3 full

business days before any discretionary grant award, letter of intent,

or full funding grant agreement totaling $1,000,000 or more is

announced by the department or its modal administrations from:

(1) any discretionary grant program of the Federal Highway

Administration other than the emergency relief program; (2) the

airport improvement program of the Federal Aviation Administration; or (3) any program of the Federal Transit Administration

other than the formula grants and fixed guideway modernization

programs: Provided, That no notification shall involve funds that

are not available for obligation.

SEC. 333. (a) None of the funds made available in this Act

shall be available for the design or construction of a light rail

system in Houston, Texas.

(b) Notwithstanding (a), amounts made available in this Act

under the heading ‘‘Federal Transit Administration, Capital investment grants’’ for a Houston, Texas, Metro advanced transit plan

project shall be available for obligation or expenditure subject to

the following conditions:

(1) Sufficient amounts shall be used for major investment

studies in 4 major corridors.

(2) The Texas Department of Transportation shall review

and comment on the findings of the studies under paragraph

(1). Any comments by such department on such findings shall

be included in any final report on such studies.

(3) If a final report on the studies under paragraph (1)

is not available for at least the 1-month period preceding the

date of any referendum held by the City of Houston, Texas,

or by a county of Texas, regarding approval of the issuance

of bonds for funding a light rail system in Houston, Texas,

all information developed by such studies regarding passenger

and cost estimates for such a system shall be made available

to the public at least 1 month before the date of the referendum.

SEC. 334. None of the funds made available in this Act may

be used for engineering work related to an additional runway at

New Orleans International Airport.

SEC. 335. None of the funds in this Act shall be used to

pursue or adopt guidelines or regulations requiring airport sponsors

to provide to the Federal Aviation Administration without cost

building construction, maintenance, utilities and expenses, or space

in airport sponsor-owned buildings for services relating to air traffic

control, air navigation or weather reporting: Provided, That the

prohibition of funds in this section does not apply to negotiations

between the agency and airport sponsors to achieve agreement

on ‘‘below-market’’ rates for these items or to grant assurances

that require airport sponsors to provide land without cost to the

FAA for air traffic control facilities.

SEC. 336. Notwithstanding any other provision of law, whenever

an allocation is made of the sums authorized to be appropriated

for expenditure on the Federal lands highway program, and whenever an apportionment is made of the sums authorized to be appropriated for expenditure on the surface transportation program, the

congestion mitigation and air quality improvement program, the

National Highway System, the Interstate maintenance program,

the bridge program, the Appalachian development highway system,

and the minimum guarantee program, the Secretary of Transportation shall deduct a sum in such amount not to exceed twoVerDate 11-MAY-2000 11:18 Dec 21, 2001 Jkt 099139 PO 00087 Frm 00029 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL087.107 APPS10 PsN: PUBL087
115 STAT. 862 PUBLIC LAW 107–87—DEC. 18, 2001

fifths of 1 percent of all sums so made available, as the Secretary

determines necessary, to administer the provisions of law to be

financed from appropriations for motor carrier safety programs

and motor carrier safety research. The sum so deducted shall

remain available until expended: Provided, That any deduction

by the Secretary of Transportation in accordance with this paragraph shall be deemed to be a deduction under section 104(a)(1)(B)

of title 23, United States Code.

SEC. 337. For an airport project that the Administrator of

the Federal Aviation Administration (FAA) determines will add

critical airport capacity to the national air transportation system,

the Administrator is authorized to accept funds from an airport

sponsor, including entitlement funds provided under the ‘‘Grantsin-Aid for Airports’’ program, for the FAA to hire additional staff

or obtain the services of consultants: Provided, That the Administrator is authorized to accept and utilize such funds only for the

purpose of facilitating the timely processing, review, and completion

of environmental activities associated with such project.

SEC. 338. None of the funds made available in this Act may

be used to further any efforts toward developing a new regional

airport for southeast Louisiana until a comprehensive plan is submitted by a commission of stakeholders to the Administrator of

the Federal Aviation Administration and that plan, as approved

by the Administrator, is submitted to and approved by the Senate

Committee on Appropriations and the House Committee on Appropriations.

SEC. 339. Notwithstanding any other provision of law, States

may use funds provided in this Act under section 402 of title

23, United States Code, to produce and place highway safety public

service messages in television, radio, cinema and print media, and

on the Internet in accordance with guidance issued by the Secretary

of Transportation: Provided, That any State that uses funds for

such public service messages shall submit to the Secretary a report

describing and assessing the effectiveness of the messages: Provided

further, That $8,000,000 of the funds allocated for innovative seat

belt projects under section 157 of title 23, United States Code,

shall be used by the States, as directed by the National Highway

Traffic Safety Administrator, to purchase advertising in broadcast

or print media to publicize the States’ seat belt enforcement efforts

during one or more of the Operation ABC National Mobilizations:

Provided further, That up to $2,000,000 of the funds allocated

for innovative seat belt projects under section 157 of title 23, United

States Code, shall be used by the Administrator to evaluate the

effectiveness of State seat belt programs that purchase advertising

as provided by this section.

SEC. 340. Item 1348 of the table contained in section 1602

of the Transportation Equity Act for the 21st Century is amended

by striking ‘‘Extend West Douglas Road’’ and inserting ‘‘Construct

Gastineau Channel Second Crossing to Douglas Island’’.

SEC. 341. None of the funds in this Act may be obligated

for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated

to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments

or agreements have completed the normal reprogramming process

for Congressional notification.

112 Stat. 306.

Reports.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 863

SEC. 342. Item 642 in the table contained in section 1602

of the Transportation Equity Act for the 21st Century, relating

to Washington, is amended by striking ‘‘Construct passenger ferry

facility to serve Southworth, Seattle’’ and inserting ‘‘Passenger only

ferry to serve Kitsap and King Counties to Seattle’’.

SEC. 343. Item 1793 in section 1602 of the Transportation

Equity Act for the 21st Century, relating to Washington, is amended

by striking ‘‘Southworth Seattle Ferry’’ and inserting ‘‘Passenger

only ferry to serve Kitsap and King Counties to Seattle’’. SEC. 344. Item 576 in the table contained in section 1602

of the Transportation Equity Act for the 21st Century (112 Stat.

278) is amended by striking ‘‘Bull Shoals Lake Ferry in Taney

County’’ and inserting ‘‘Construct the Missouri Center for Advanced

Highway Safety (MOCAHS)’’. SEC. 345. The transit station operated by the Washington

Metropolitan Area Transit Authority located at Ronald Reagan

Washington National Airport, and known as the National Airport

Station, shall be known and designated as the ‘‘Ronald Reagan

Washington National Airport Station’’. The Washington Metropolitan Area Transit Authority shall modify the signs at the transit

station, and all maps, directories, documents, and other records

published by the Authority, to reflect the redesignation.

SEC. 346. None of the funds appropriated or otherwise made

available in this Act may be made available to any person or

entity convicted of violating the Buy American Act (41 U.S.C. 10a–

10c).

SEC. 347. For fiscal year 2002, notwithstanding any other provision of law, historic covered bridges eligible for Federal assistance

under section 1224 of the Transportation Equity Act for the 21st

Century, as amended, may be funded from amounts set aside for

the discretionary bridge program.

SEC. 348. None of the funds provided in this Act or prior

Appropriations Acts for Coast Guard ‘‘Acquisition, construction, and

improvements’’ shall be available after the fifteenth day of any

quarter of any fiscal year, unless the Commandant of the Coast

Guard first submits a quarterly report to the House and Senate

Committees on Appropriations on all major Coast Guard acquisition

projects including projects executed for the Coast Guard by the

United States Navy and vessel traffic service projects: Provided,

That such reports shall include an acquisition schedule, estimated

current and year funding requirements, and a schedule of anticipated obligations and outlays for each major acquisition project:

Provided further, That such reports shall rate on a relative scale

the cost risk, schedule risk, and technical risk associated with

each acquisition project and include a table detailing unobligated

balances to date and anticipated unobligated balances at the close

of the fiscal year and the close of the following fiscal year should

the Administration’s pending budget request for the acquisition,

construction, and improvements account be fully funded: Provided

further, That such reports shall also provide abbreviated information on the status of shore facility construction and renovation

projects: Provided further, That all information submitted in such

reports shall be current as of the last day of the preceding quarter.

SEC. 349. Funds provided in this Act for the Transportation

Administrative Service Center (TASC) shall be reduced by

$5,000,000, which limits fiscal year 2002 TASC obligational

authority for elements of the Department of Transportation funded

112 Stat. 322.

112 Stat. 281.

115 STAT. 864 PUBLIC LAW 107–87—DEC. 18, 2001

in this Act to no more than $120,323,000: Provided, That such

reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion

to the amount included in each account for the Transportation

Administrative Service Center.

SEC. 350. SAFETY OF CROSS-BORDER TRUCKING BETWEEN

UNITED STATES AND MEXICO. (a) No funds limited or appropriated

in this Act may be obligated or expended for the review or processing

of an application by a Mexican motor carrier for authority to operate

beyond United States municipalities and commercial zones on the

United States-Mexico border until the Federal Motor Carrier Safety

Administration— (1)(A) requires a safety examination of such motor carrier

to be performed before the carrier is granted conditional operating authority to operate beyond United States municipalities

and commercial zones on the United States-Mexico border;

(B) requires the safety examination to include— (i) verification of available performance data and safety

management programs;

(ii) verification of a drug and alcohol testing program

consistent with part 40 of title 49, Code of Federal Regulations;

(iii) verification of that motor carrier’s system of

compliance with hours-of-service rules, including hours-ofservice records;

(iv) verification of proof of insurance;

(v) a review of available data concerning that motor

carrier’s safety history, and other information necessary

to determine the carrier’s preparedness to comply with

Federal Motor Carrier Safety rules and regulations and

Hazardous Materials rules and regulations;

(vi) an inspection of that Mexican motor carrier’s

commercial vehicles to be used under such operating

authority, if any such commercial vehicles have not received

a decal from the inspection required in subsection (a)(5);

(vii) an evaluation of that motor carrier’s safety inspection, maintenance, and repair facilities or management

systems, including verification of records of periodic vehicle

inspections;

(viii) verification of drivers’ qualifications, including

a confirmation of the validity of the Licencia de Federal

de Conductor of each driver of that motor carrier who

will be operating under such authority; and

(ix) an interview with officials of that motor carrier

to review safety management controls and evaluate any

written safety oversight policies and practices.

(C) requires that—

(i) Mexican motor carriers with three or fewer commercial vehicles need not undergo on-site safety examination;

however 50 percent of all safety examinations of all Mexican motor carriers shall be conducted onsite; and

(ii) such on-site inspections shall cover at least 50

percent of estimated truck traffic in any year.

(2) requires a full safety compliance review of the carrier

consistent with the safety fitness evaluation procedures set

forth in part 385 of title 49, Code of Federal Regulations,

and gives the motor carrier a satisfactory rating, before the

49 USC 13902

note.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 865

carrier is granted permanent operating authority to operate

beyond United States municipalities and commercial zones on

the United States-Mexico border, and requires that any such

safety compliance review take place within 18 months of that

motor carrier being granted conditional operating authority,

provided that—

(A) Mexican motor carriers with three or fewer

commercial vehicles need not undergo onsite compliance

review; however 50 percent of all compliance reviews of

all Mexican motor carriers shall be conducted on-site; and

(B) any Mexican motor carrier with 4 or more commercial vehicles that did not undergo an on-site safety exam

under (a)(1)(C), shall undergo an on-site safety compliance

review under this section.

(3) requires Federal and State inspectors to verify electronically the status and validity of the license of each driver of

a Mexican motor carrier commercial vehicle crossing the border;

(A) for every such vehicle carrying a placardable

quantity of hazardous materials;

(B) whenever the inspection required in subsection

(a)(5) is performed; and

(C) randomly for other Mexican motor carrier commercial vehicles, but in no case less than 50 percent of all

other such commercial vehicles.

(4) gives a distinctive Department of Transportation

number to each Mexican motor carrier operating beyond the

commercial zone to assist inspectors in enforcing motor carrier

safety regulations including hours-of-service rules under part

395 of title 49, Code of Federal Regulations;

(5) requires, with the exception of Mexican motor carriers

that have been granted permanent operating authority for three

consecutive years—

(A) inspections of all commercial vehicles of Mexican

motor carriers authorized, or seeking authority to operate

beyond United States municipalities and commercial zones

on the United States-Mexico border that do not display

a valid Commercial Vehicle Safety Alliance inspection

decal, by certified inspectors in accordance with the requirements for a Level I Inspection under the criteria of the

North American Standard Inspection (as defined in section

350.105 of title 49, Code of Federal Regulations), including

examination of the driver, vehicle exterior and vehicle

under-carriage;

(B) a Commercial Vehicle Safety Alliance decal to be

affixed to each such commercial vehicle upon completion

of the inspection required by clause (A) or a re-inspection

if the vehicle has met the criteria for the Level I inspection;

and

(C) that any such decal, when affixed, expire at the

end of a period of not more than 90 days, but nothing

in this paragraph shall be construed to preclude the

Administration from requiring reinspection of a vehicle

bearing a valid inspection decal or from requiring that

such a decal be removed when a certified Federal or State

inspector determines that such a vehicle has a safety violation subsequent to the inspection for which the decal was

granted.

115 STAT. 866 PUBLIC LAW 107–87—DEC. 18, 2001

(6) requires State inspectors who detect violations of Federal motor carrier safety laws or regulations to enforce them

or notify Federal authorities of such violations;

(7)(A) equips all United States-Mexico commercial border

crossings with scales suitable for enforcement action; equips

5 of the 10 such crossings that have the highest volume of

commercial vehicle traffic with weigh-in-motion (WIM) systems;

ensures that the remaining 5 such border crossings are

equipped within 12 months; requires inspectors to verify the

weight of each Mexican motor carrier commercial vehicle

entering the United States at said WIM equipped high volume

border crossings; and

(B) initiates a study to determine which other crossings

should also be equipped with weigh-in-motion systems;

(8) the Federal Motor Carrier Safety Administration has

implemented a policy to ensure that no Mexican motor carrier

will be granted authority to operate beyond United States

municipalities and commercial zones on the United StatesMexico border unless that carrier provides proof of valid insurance with an insurance company licensed in the United States;

(9) requires commercial vehicles operated by a Mexican

motor carrier to enter the United States only at commercial

border crossings where and when a certified motor carrier

safety inspector is on duty and where adequate capacity exists

to conduct a sufficient number of meaningful vehicle safety

inspections and to accommodate vehicles placed out-of-service

as a result of said inspections.

(10) publishes—

(A) interim final regulations under section 210(b) of

the Motor Carrier Safety Improvement Act of 1999 (49

U.S.C. 31144 note) that establish minimum requirements

for motor carriers, including foreign motor carriers, to

ensure they are knowledgeable about Federal safety standards, that may include the administration of a proficiency

examination;

(B) interim final regulations under section 31148 of

title 49, United States Code, that implement measures

to improve training and provide for the certification of

motor carrier safety auditors;

(C) a policy under sections 218(a) and (b) of that Act

(49 U.S.C. 31133 note) establishing standards for the determination of the appropriate number of Federal and State

motor carrier inspectors for the United States-Mexico

border;

(D) a policy under section 219(d) of that Act (49 U.S.C.

14901 note) that prohibits foreign motor carriers from

leasing vehicles to another carrier to transport products

to the United States while the lessor is subject to a suspension, restriction, or limitation on its right to operate in

the United States; and

(E) a policy under section 219(a) of that Act (49 U.S.C.

14901 note) that prohibits foreign motor carriers from operating in the United States that is found to have operated

illegally in the United States.

(b) No vehicles owned or leased by a Mexican motor carrier

and carrying hazardous materials in a placardable quantity may

be permitted to operate beyond a United States municipality or

Publication.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 867

commercial zone until the United States has completed an agreement with the Government of Mexico which ensures that drivers

of such vehicles carrying such placardable quantities of hazardous

materials meet substantially the same requirements as United

States drivers carrying such materials.

(c) No vehicles owned or leased by a Mexican motor carrier

may be permitted to operate beyond United States municipalities

and commercial zones under conditional or permanent operating

authority granted by the Federal Motor Carrier Safety Administration until—

(1) the Department of Transportation Inspector General

conducts a comprehensive review of border operations within

180 days of enactment to verify that—

(A) all new inspector positions funded under this Act

have been filled and the inspectors have been fully trained;

(B) each inspector conducting on-site safety compliance

reviews in Mexico consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code

of Federal Regulations, is fully trained as a safety specialist;

(C) the requirement of subparagraph (a)(2) has not

been met by transferring experienced inspectors from other

parts of the United States to the United States-Mexico

border, undermining the level of inspection coverage and

safety elsewhere in the United States;

(D) the Federal Motor Carrier Safety Administration

has implemented a policy to ensure compliance with hoursof-service rules under part 395 of title 49, Code of Federal

Regulations, by Mexican motor carriers seeking authority

to operate beyond United States municipalities and

commercial zones on the United States-Mexico border;

(E) the information infrastructure of the Mexican

government is sufficiently accurate, accessible, and

integrated with that of United States enforcement authorities to allow United States authorities to verify the status

and validity of licenses, vehicle registrations, operating

authority and insurance of Mexican motor carriers while

operating in the United States, and that adequate telecommunications links exist at all United States-Mexico

border crossings used by Mexican motor carrier commercial

vehicles, and in all mobile enforcement units operating

adjacent to the border, to ensure that licenses, vehicle

registrations, operating authority and insurance information can be easily and quickly verified at border crossings

or by mobile enforcement units;

(F) there is adequate capacity at each United StatesMexico border crossing used by Mexican motor carrier

commercial vehicles to conduct a sufficient number of

meaningful vehicle safety inspections and to accommodate

vehicles placed out-of-service as a result of said inspections;

(G) there is an accessible database containing sufficiently comprehensive data to allow safety monitoring of

all Mexican motor carriers that apply for authority to

operate commercial vehicles beyond United States municipalities and commercial zones on the United States-Mexico

border and the drivers of those vehicles; and

Deadline.

115 STAT. 868 PUBLIC LAW 107–87—DEC. 18, 2001

(H) measures are in place to enable United States

law enforcement authorities to ensure the effective enforcement and monitoring of license revocation and licensing

procedures of Mexican motor carriers.

(2) The Secretary of Transportation certifies in writing

in a manner addressing the Inspector General’s findings in

paragraphs (c)(1)(A) through (c)(1)(H) of this section that the

opening of the border does not pose an unacceptable safety

risk to the American public.

(d) The Department of Transportation Inspector General shall

conduct another review using the criteria in (c)(1)(A) through

(c)(1)(H) consistent with paragraph (c) of this section, 180 days

after the first review is completed, and at least annually thereafter.

(e) For purposes of this section, the term ‘‘Mexican motor carrier’’ shall be defined as a Mexico-domiciled motor carrier operating

beyond United States municipalities and commercial zones on the

United States-Mexico border.

(f) In addition to amounts otherwise made available in this

Act, to be derived from the Highway Trust Fund, there is hereby

appropriated to the Federal Motor Carrier Safety Administration,

$25,866,000 for the salary, expense, and capital costs associated

with the requirements of this section.

SEC. 351. Notwithstanding any other provision of law, for the

purpose of calculating the non-federal contribution to the net project

cost of the Regional Transportation Commission Resort Corridor

Fixed Guideway Project in Clark County, Nevada, the Secretary

of Transportation shall include all non-federal contributions

(whether public or private) made on or after January 1, 2000

for engineering, final design, and construction of any element or

phase of the project, including any fixed guideway project or segment connecting to that project, and also shall allow non-federal

funds (whether public or private) expended on one element or

phase of the project to be used to meet the non-federal share

requirement of any element or phase of the project.

SEC. 352. (a) FINDINGS.—Congress makes the following findings:

(1) The condition of highway, railway, and waterway infrastructure across the Nation varies widely and is in need of

improvement and investment.

(2) Thousands of tons of hazardous materials, including

a very small amount of high-level radioactive material, are

transported along the Nation’s highways, railways, and waterways each year.

(3) The volume of hazardous material transport increased

by over one-third in the last 25 years and is expected to continue

to increase. Some propose significantly increasing radioactive

material transport.

(4) Approximately 261,000 people were evacuated across

the Nation because of rail-related incidents involving hazardous

materials between 1978 and 1995, and during that period

industry reported 8 transportation accidents involving the small

volume of high level radioactive waste transported during that

period.

(5) The Federal Railroad Administration has significantly

decreased railroad inspections and has allocated few resources

since 1993 to assure the structural integrity of railroad bridges.

Train derailments have increased by 18 percent over roughly

the same period.

Deadline.

Certification.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 869

(6) The poor condition of highway, railway, and waterway

infrastructure, increases in the volume of hazardous material

transport, and proposed increases in radioactive material transport increase the risk of incidents involving such materials.

(7) Measuring the risks of hazardous or radioactive material incidents and preventing such incidents requires specific

information concerning the condition and suitability of specific

transportation routes contemplated for such transport to inform

and enable investment in related infrastructure.

(8) Mitigating the impact of hazardous and radioactive

material transportation incidents requires skilled, localized, and

well-equipped emergency response personnel along all specifically identified transportation routes.

(9) Incidents involving hazardous or radioactive material

transport pose threats to the public health and safety, the

environment, and the economy.

(b) STUDY.—The Secretary of Transportation shall, in consultation with the Comptroller General of the United States, conduct

a study of the effects to public health and safety, the environment,

and the economy associated with the transportation of hazardous

and radioactive material.

(c) MATTERS TO BE ADDRESSED.—The study under subsection

(b) shall address the following matters:

(1) Whether the Federal Government conducts or reviews

individualized and detailed evaluations and inspections of the

condition and suitability of specific transportation routes for

the current, and any anticipated or proposed, transport of hazardous and radioactive material, including whether resources

and information are adequate to conduct such evaluations and

inspections.

(2) The costs and time required to ensure adequate inspection of specific transportation routes and related infrastructure

and to complete the infrastructure improvements necessary

to ensure the safety of current, and any anticipated or proposed,

hazardous and radioactive material transport.

(3) Whether emergency preparedness personnel, emergency

response personnel, and medical personnel are adequately

trained and equipped to promptly respond to incidents along

specific transportation routes for current, anticipated, or proposed hazardous and radioactive material transport.

(4) The costs and time required to ensure that emergency

preparedness personnel, emergency response personnel, and

medical personnel are adequately trained and equipped to

promptly respond to incidents along specific transportation

routes for current, anticipated, or proposed hazardous and

radioactive material transport.

(5) The availability of, or requirements to, establish governmental and commercial information collection and dissemination systems adequate to provide public and emergency

responders in an accessible manner, with timely, complete,

specific, and accurate information (including databases) concerning actual, proposed, or anticipated shipments by highway,

railway, or waterway of hazardous and radioactive materials,

including incidents involving the transportation of such materials by those means and the public safety implications of

such dissemination.

115 STAT. 870 PUBLIC LAW 107–87—DEC. 18, 2001

(d) DEADLINE FOR COMPLETION.—The study under subsection

(b) shall be completed not later than 6 months after the date

of the enactment of this Act.

(e) REPORT.—Upon completion of the study under subsection

(b), the Secretary shall submit to Congress a report on the study.

SEC. 353. In selecting projects to carry out using funds apportioned under section 110 of title 23, United States Code, the States

of Georgia, Alabama, and Mississippi shall give priority consideration to the following projects:

(1) Improving Johnson Ferry Road from the Chattahoochee

River to Abernathy Road, including the bridge over the Chattahoochee River, Georgia.

(2) Widening Abernathy Road from 2 to 4 lanes from Johnson Ferry Road to Roswell Road, Georgia.

(3) Constructing approaches to the Patton Island Bridge,

Alabama.

(4) Planning, design, engineering, and construction of an

interchange on I–55, at approximately mile marker 114, and

connector roads in Madison County, Mississippi.

SEC. 354. Section 355(a) of the National Highway System Designation Act of 1995 (109 Stat. 624) is amended by striking ‘‘has

achieved’’ and all that follows and inserting the following: ‘‘has

achieved a safety belt use rate of not less than 50 percent.’’.

SEC. 355. Not later than 180 days after the date of enactment

of this Act, the Secretary of Transportation shall conduct a study

and submit to Congress a report on the costs and benefits of

constructing a third bridge across the Mississippi River in the

Memphis, Tennessee, metropolitan area.

SEC. 356. (a) Congress makes the following findings:

(1) Section 345 of the National Highway System Designation Act of 1995 authorizes limited relief to drivers of certain

types of commercial motor vehicles from certain restrictions

on maximum driving time and on-duty time.

(2) Subsection (c) of that section requires the Secretary

of Transportation to determine by rulemaking proceedings that

the exemptions granted are not in the public interest and

adversely affect the safety of commercial motor vehicles.

(3) Subsection (d) of that section requires the Secretary

of Transportation to monitor the safety performance of drivers

of commercial motor vehicles who are subject to an exemption

under section 345 and report to Congress prior to the rulemaking proceedings.

(b) It is the sense of Congress that the Secretary of Transportation should not take any action that would diminish or revoke

any exemption in effect on the date of the enactment of this Act

for drivers of vehicles under section 345 of the National Highway

System Designation Act of 1995 (Public Law 104–59; 109 Stat.

613; 49 U.S.C. 31136 note) unless the requirements of subsections

(c) and (d) of such section are satisfied.

SEC. 357. Point Retreat Light Station shall be transferred to

the Alaska Lighthouse Association consistent with the terms and

conditions of section 416(b)(2) of Public Law 105–383.

SEC. 358. PRIORITY HIGHWAY PROJECTS, MINNESOTA. In

selecting projects to carry out using funds apportioned under section

110 of title 23, United States Code, the State of Minnesota shall

give priority consideration to the following projects:

Government

organization.

Deadline.

Reports.

Tennessee.

State listing.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 871

(1) The Southeast Main and Rail Relocation Project in

Moorhead, Minnesota.

(2) Improving access to and from I–35 W at Lake Street

in Minneapolis, Minnesota.

SEC. 359. Notwithstanding any other provision of law, the

Secretary of Transportation shall approve the use of funds apportioned under paragraphs (1) and (3) of section 104(b) of title 23,

United States Code, for construction of Type II noise barriers— (1) at the locations identified in section 358 of the Department of Transportation and Related Agencies Appropriations

Act, 2000 (113 Stat. 1027);

(2) on the west side of Interstate Route 285 from Henderson

Mill Road to Chamblee Tucker Road in DeKalb County,

Georgia;

(3) on the east and west side of Interstate Route 85,

extending from Virginia Avenue to Metropolitan Parkway in

Fulton County, Georgia;

(4) on the east and west sides of Interstate 285 from

the South Fulton Parkway/Interstate Route 85 interchange

north to Interstate Route 20;

(5) on the east side of Interstate Route 75 from Howell

Mill Road to West Paces Ferry Road in Fulton County, Georgia;

(6) on the east and west sides of Interstate Route 75

between Chastain Road and Georgia State Route 92 in Cobb

and Cherokee Counties, Georgia; and

(7) on the south side of Interstate 95 in Bensalem Township, between exit 25 and exit 26, Bucks County, Pennsylvania.

SEC. 360. Notwithstanding any other provision of law, of the

funds apportioned to the State of Oklahoma under section 110

of title 23, United States Code, for fiscal year 2001, the $4,300,000

specified under the heading ‘‘Federal-Aid Highways (Limitation on

Obligations)’’ in the Department of Transportation and Related

Agencies Appropriations Act, 2001 (Public Law 106–346) for

reconstruction of U.S. 177 in the vicinity of Cimarron River, Oklahoma, shall be available instead only for the widening of U.S.

177 from SH–33 to 32nd Street in Stillwater, Oklahoma, and such

amount shall be subject to the provisions of the last proviso under

such heading.

SEC. 361. Section 3030(d)(3) of the Transportation Equity Act

for the 21st Century (Public Law 105–178) is amended by inserting

at the end:

‘‘(D) Alabama State Docks intermodal passenger and

freight facility.’’.

SEC. 362. Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended by adding

at the end the following:

‘‘(44) The Louisiana Highway 1 corridor from Grand Isle,

Louisiana, along Louisiana Highway 1, to the intersection with

United States Route 90.’’.

SEC. 363. Item 425 in the table contained in section 1602

of the Transportation Equity Act for the 21st Century (112 Stat.

272) is amended by striking ‘‘Extend’’ and all that follows through

‘‘Parish’’ and inserting the following: ‘‘Extend and improve Louisiana Route 42 from and along U.S. 61 to I–10 in Ascension

and East Baton Rouge Parishes’’.

SEC. 364. Items 111 and 1583 in the table contained in section

1602 of the Transportation Equity Act for the 21st Century (112

112 Stat. 379.

115 STAT. 872 PUBLIC LAW 107–87—DEC. 18, 2001

Stat. 261 and 315), relating to Kentucky, are each amended by

inserting after ‘‘Paducah’’ the following: ‘‘and other areas in the

city of Paducah and McCracken County, Kentucky’’. SEC. 365. (a) Section 1105(c)(3) of the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102–240), as

amended, is hereby further amended by striking: ‘‘then to a Kentucky Corridor centered on the cities of Pikeville, Jenkins, Hazard,

London, Somerset, Columbia, Bowling Green, Hopkinsville, Benton,

and Paducah’’ and inserting: ‘‘then to a Kentucky Corridor centered

on the cities of Pikeville, Jenkins, Hazard, London, and Somerset;

then, generally following the Louie B. Nunn Parkway corridor from

Somerset to Columbia, to Glasgow, to I–65; then to Bowling Green,

Hopkinsville, Benton, and Paducah’’. (b) Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240), as amended,

is hereby further amended by inserting after ‘‘subsection (c)(1)’’, the following: ‘‘subsection (c)(3) (solely as it relates to the Kentucky

Corridor),’’. SEC. 366. Section 1105(c)(18) of the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102–240), as

amended, is hereby further amended by adding:

‘‘(E) In Kentucky, the corridor shall utilize the existing

Purchase Parkway from the Tennessee State line to Interstate 24.’’.

SEC. 367. Section 1105(e)(5)(B)(i) of the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102–240), as

amended, is hereby further amended by adding: ‘‘The Louie B.

Nunn Parkway corridor referred to in subsection (c)(3) shall be

designated as Interstate Route 66. A State having jurisdiction over

any segment of routes and/or corridors referred to in subsections

(c)(3) shall erect signs identifying such segment that is consistent

with the criteria set forth in subsections (e)(5)(A)(i) and (e)(5)(A)(ii)

as Interstate Route 66. Notwithstanding the provisions of subsections (e)(5)(A)(i) and (e)(5)(A)(ii), or any other provisions of this

Act, the Commonwealth of Kentucky shall erect signs, as approved

by the Secretary, identifying the routes and/or corridors described

in subsection (c)(3) for the Commonwealth, as segments of future

Interstate Route 66. The Purchase Parkway corridor referred to

in subsection (c)(18)(E) shall be designated as Interstate Route

69. A State having jurisdiction over any segment of routes and/

or corridors referred to in subsections (c)(18) shall erect signs identifying such segment that is consistent with the criteria set forth

in subsections (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route 69.

Notwithstanding the provisions of subsections (e)(5)(A)(i) and

(e)(5)(A)(ii), or any other provisions of this Act, the Commonwealth

of Kentucky shall erect signs, as approved by the Secretary, identifying the routes and/or corridors described in subsection (c)(18)

for the Commonwealth, as segments of future Interstate Route

69.’’.

SEC. 368. Notwithstanding any other provision of law, any

funds made available to the southern coalition for advanced

transportation (SCAT) in the Department of Transportation and

Related Agencies Appropriations Act, 2000, Public Law 106–69,

under Capital Investment Grants, or identified in the conference

report accompanying the Department of Transportation and Related

Agencies Appropriations Act, 2001, Public Law 106–346, that

remain unobligated shall be transferred to Transit Planning and

105 Stat. 2032.

PUBLIC LAW 107–87—DEC. 18, 2001 115 STAT. 873

Research and made available to the electric transit vehicle institute

(ETVI) in Tennessee for research administered under the provisions

of 49 U.S.C. 5312.

SEC. 369. Chapter 9 of title II of the Supplemental Appropriations Act, 2001 (Public Law 107–20) is amended by deleting the

heading ‘‘(Highway Trust Fund)’’ under the heading ‘‘Federal-aid

Highways’’; and inserting in the body under the heading ‘‘Federalaid Highways’’ after ‘‘available’’ the following: ‘‘from the Highway

Trust Fund (other than the mass transit account) or the general

fund’’; and striking ‘‘103–311’’ and inserting in lieu thereof ‘‘103– 331’’.

SEC. 370. Notwithstanding the project descriptions contained

in table item number 865 of section 1602 of Public Law 105– 178, table item number 77 of section 1106(a) of Public Law 102– 240 and section 1069(d) relating to the Riverside Expressway in

Fairmont, West Virginia, amounts available under such provision

shall be available to carry out any project eligible under title 23,

United States Code, in the vicinity of Fairmont, West Virginia.

SEC. 371. Item 71 in the table contained in section 1602 of

the Transportation Equity Act for the 21st Century, Public Law

105–178, is amended by replacing ‘‘restore First and Main Streets

to two-way traffic’’ with ‘‘traffic safety and pedestrian improvements

in downtown Miamisburg’’.

SEC. 372. Item 258 in the table under the heading ‘‘Capital

Investment Grants’’ in title I of the Department of Transportation

and Related Agencies Appropriations Act, 2000 (Public Law 106–

69; 113 Stat. 1006) is amended by striking ‘‘Killington-Sherburne

satellite bus facility’’ and inserting ‘‘Marble Valley Regional Transit

District buses’’.

SEC. 373. Of the funds available in item 73 of the table contained in section 1106(b) of the Intermodal Surface Transportation

Efficiency Act of 1991 (Public Law 102–240), $5,700,000 shall be

available for construction of a parking facility for the inner harbor/

redevelopment project in Buffalo, New York.

SEC. 374. Of the funds available in item 630 of the table

contained in section 1602 of the Transportation Equity Act for

the 21st Century (Public Law 105–178) as amended by section

1102 of chapter 11 of the Consolidated Appropriations Act, 2001

(Public Law 106–554) shall be available for the construction of

a parking facility for the inner harbor/redevelopment project in

Buffalo, New York.

112 Stat. 259.

Ante, p. 187.

115 STAT. 874 PUBLIC LAW 107–87—DEC. 18, 2001

LEGISLATIVE HISTORY—H.R. 2299 (S. 1178):

HOUSE REPORTS: Nos. 107–108 (Comm. on Appropriations) and 107–308 (Comm.

of Conference).

SENATE REPORTS: No. 107–38 accompanying S. 1178 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 147 (2001):

June 26, considered and passed House.

July 19, 20, 23–27, Aug. 1, considered and passed Senate,

amended.

Nov. 30, House agreed to conference report.

Dec. 4, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Dec. 18, Presidential statement.

Æ

This Act may be cited as the ‘‘Department of Transportation

and Related Agencies Appropriations Act, 2002’’.

Approved December 18, 2001.