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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1178 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 88
107th CONGRESS
  1st Session
                                S. 1178

                          [Report No. 107-38]

Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 2002, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2001

  Mrs. Murray, from the Committee on Appropriations, reported, under 
authority of the order of the Senate of January 3, 2001, the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
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, $67,349,000: 
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, there may be credited to this appropriation up 
to $2,500,000 in funds received in user fees.

                         Office of Civil Rights

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

           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, $15,592,000.

              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 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, of which $2,635,000 shall 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.

                              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, $3,427,588,000, of which $695,000,000 shall be 
available for defense-related activities including drug interdiction; 
and of which $25,000,000 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 for 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 $13,541,000 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, revised personnel policies and expanded 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.

              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, $669,323,000, of which 
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; 
of which $79,640,000 shall be available to acquire, repair, renovate or 
improve vessels, small boats and related equipment, to remain available 
until September 30, 2006; $12,500,000 shall be available to acquire new 
aircraft and increase aviation capability, to remain available until 
September 30, 2004; $97,921,000 shall be available for other equipment, 
to remain available until September 30, 2004; $88,862,000 shall be 
available for shore facilities and aids to navigation facilities, to 
remain available until September 30, 2004; $65,200,000 shall be 
available for personnel compensation and benefits and related costs, to 
remain available until September 30, 2003; and $325,200,000 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 contract delineating sub-headings as 
follows: systems integrator, ship construction, aircraft, equipment, 
and communications, providing specific assets and costs under each sub-
heading.

                             (rescissions)

    Of the amounts made available under this heading in Public Laws 
105-277, 106-69, and 106-346, $8,700,000 are rescinded.

                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, $21,722,000, 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.

                    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, 
$6,916,000,000, of which $5,777,219,000 shall be derived from the 
Airport and Airway Trust Fund: Provided, 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 standard-
setting 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.

                        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.

                 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, $195,808,000, 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.

                       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 administration of such programs and 
of programs under section 40117 of such title; 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 
$64,597,000 of funds limited under this heading shall be obligated for 
administration: Provided further, That of the funds under this heading, 
not more than $10,000,000 may be available to carry out the Essential 
Air Service program under subchapter II of chapter 417 of title 49 
U.S.C., pursuant to section 41742(a) of such title.

                       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.

                Small Community Air Service Development

    For necessary expenses to carry out the Small Community Air Service 
Development Pilot Program under section 41743 of title 49 U.S.C., 
$20,000,000, to remain available until expended.

                   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 $316,521,000 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 104(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; $7,000,000 shall be available for motor carrier safety 
research; and $11,000,000 shall be available for the motor carrier 
crash data improvement program, the commercial driver's license 
improvement program, and the motor carrier 24-hour telephone hotline.

                          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 $31,919,103,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2002: Provided, That 
within the $31,919,103,000 obligation limitation on Federal-aid 
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 within the $225,000,000 obligation limitation on Intelligent 
Transportation Systems, the following sums shall be made available for 
Intelligent Transportation System projects in the following specified 
areas:
            Indiana Statewide, $1,500,000;
            Southeast Corridor, Colorado, $9,900,000;
            Jackson Metropolitan, Mississippi, $1,000,000;
            Harrison County, Mississippi, $1,000,000;
            Indiana, SAFE-T, $3,000,000;
            Maine Statewide (Rural), $1,000,000;
            Atlanta Metropolitan GRTA, Georgia, $1,000,000;
            Moscow, Idaho, $2,000,000;
            Washington Metropolitan Region, $4,000,000;
            Travel Network, South Dakota, $3,200,000;
            Central Ohio, $3,000,000;
            Delaware Statewide, $4,000,000;
            Santa Teresa, New Mexico, $1,500,000;
            Fargo, North Dakota, $1,500,000;
            Illinois statewide, $3,750,000;
            Forsyth, Guilford Counties, North Carolina, $2,000,000;
            Durham, Wake Counties, North Carolina, $1,000,000;
            Chattanooga, Tennessee, $2,380,000;
            Nebraska Statewide, $5,000,000;
            South Carolina Statewide, $7,000,000;
            Texas Statewide, $4,000,000;
            Hawaii Statewide, $1,750,000;
            Wisconsin Statewide, $2,000,000;
            Arizona Statewide EMS, $1,000,000;
            Vermont Statewide (Rural), $1,500,000;
            Rutland, Vermont, $1,200,000;
            Detroit, Michigan (Airport), $4,500,000;
            Macomb, Michigan (border crossing), $2,000,000;
            Sacramento, California, $6,000,000;
            Lexington, Kentucky, $1,500,000;
            Maryland Statewide, $2,000,000;
            Clark County, Washington, $1,000,000;
            Washington Statewide, $6,000,000;
            Southern Nevada (bus), $2,200,000;
            Santa Anita, California, $1,000,000;
            Las Vegas, Nevada, $3,000,000;
            North Greenbush, New York, $2,000,000;
            New York, New Jersey, Connecticut (TRANSCOM), $7,000,000;
            Crash Notification, Alabama, $2,500,000;
            Philadelphia, Pennsylvania (Drexel), $3,000,000;
            Pennsylvania Statewide (Turnpike), $1,000,000;
            Alaska Statewide, $3,000,000;
            St. Louis, Missouri, $1,500,000;
            Wisconsin Communications Network, $620,000:
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; $4,989,367 
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; $230,681,878 
shall be set aside for the programs authorized under sections 1118 and 
1119 of the Transportation Equity Act for the 21st Century, as amended; 
$2,468,424 shall be set aside for the projects authorized by section 
218 of title 23, United States Code; $13,129,913 shall be set aside for 
the program authorized under section 118(c) of title 23, United States 
Code; $13,129,913 shall be set aside for the program authorized under 
section 144(g) of title 23, United States Code; $55,000,000 shall be 
set aside for the program authorized under section 1221 of the 
Transportation Equity Act for the 21st Century, as amended; 
$100,000,000 shall be set aside to carry out a matching grant program 
to promote access to alternative methods of transportation; $45,000,000 
shall be set aside to carry out a pilot program that promotes 
innovative transportation solutions for people with disabilities; 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, $350,000,000, 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.

              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 
$105,000,000 shall be paid in accordance with law from appropriations 
made available by this Act and from any available take-down balances to 
the Federal Motor Carrier Safety Administration, together with advances 
and reimbursements received by the Federal Motor Carrier Safety 
Administration, of which $5,000,000 is for the motor carrier safety 
operations program: Provided, That such amounts shall be available to 
carry out the functions and operations of the Federal Motor Carrier 
Safety Administration.

                              (rescission)

    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)

            (including rescission of contract authorization)

    For payment of obligations incurred in carrying out 49 U.S.C. 
31102, 31106 and 31309, $204,837,000, 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 
$183,059,000 for ``Motor Carrier Safety Grants'', and ``Information 
Systems'': Provided further, That notwithstanding any other provision 
of law, of the $22,837,000 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.
    Of the unobligated balances authorized under 49 U.S.C. 31102, 
31106, and 31309, $2,332,546 are rescinded.

             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, $132,000,000 of which $96,360,000 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.

                        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)

            (including rescission of contract authorization)

    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 ``Alcohol-Impaired 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 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.
    Of the unobligated balances authorized under 23 U.S.C. 402, 405, 
410, and 411, $468,600 are rescinded.

                    FEDERAL RAILROAD ADMINISTRATION

                         Safety and Operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $111,357,000, of which $6,159,000 shall remain 
available until expended: Provided, That, as part of the Washington 
Union Station transaction in which the Secretary assumed the first deed 
of trust on the property and, where the Union Station Redevelopment 
Corporation or any successor is obligated to make payments on such deed 
of trust on the Secretary's behalf, including payments on and after 
September 30, 1988, the Secretary is authorized to receive such 
payments directly from the Union Station Redevelopment Corporation, 
credit them to the appropriation charged for the first deed of trust, 
and make payments on the first deed of trust with those funds: Provided 
further, That such additional sums as may be necessary for payment on 
the first deed of trust may be advanced by the Administrator from 
unobligated balances available to the Federal Railroad Administration, 
to be reimbursed from payments received from the Union Station 
Redevelopment Corporation.

                   Railroad Research and Development

    For necessary expenses for railroad research and development, 
$30,325,000, 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, $40,000,000, 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.

              National Rail Development and Rehabilitation

    To enable the Secretary to make grants and enter into contracts for 
the development and rehabilitation of freight and passenger rail 
infrastructure, $12,000,000, 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 $67,000,000 of 
budget authority shall be available for these purposes: Provided 
further, That of the funds in this Act available for 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

    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.

                   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).

                      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, $668,200,000, to remain available until expended: Provided, That 
no more than $2,941,000,000 of budget authority shall be available for 
these purposes: Provided further, That notwithstanding any other 
provision of law, 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 $1,236,400,000, to be available for transit new 
starts; to be available as follows:
            $192,492 for Denver, Colorado, Southwest corridor light 
        rail transit project;
            $3,000,000 for Northeast Indianapolis downtown corridor 
        project;
            $3,000,000 for Northern Indiana South Shore commuter rail 
        project;
            $15,000,000 for Salt Lake City, Utah, CBD to University 
        light rail transit project;
            $6,000,000 for Salt Lake City, Utah, University Medical 
        Center light rail transit extension project;
            $2,000,000 for Salt Lake City, Utah, Ogden-Provo commuter 
        rail project;
            $4,000,000 for Wilmington, Delaware, Transit Corridor 
        project;
            $500,000 for Yosemite Area Regional Transportation System 
        project;
            $60,000,000 for Denver, Colorado, Southeast corridor light 
        rail transit project;
            $10,000,000 for Kansas City, Missouri, Central Corridor 
        Light Rail transit project;
            $25,000,000 for Atlanta, Georgia, MARTA extension project;
            $2,000,000 for Maine Marine Highway development project;
            $151,069,771 for New Jersey, Hudson-Bergen light rail 
        transit project;
            $20,000,000 for Newark-Elizabeth, New Jersey, rail link 
        project;
            $3,000,000 for New Jersey Urban Core Newark Penn Station 
        improvements project;
            $7,000,000 for Cleveland, Ohio, Euclid corridor extension 
        project;
            $2,000,000 for Albuquerque, New Mexico, light rail project;
            $35,000,000 for Chicago, Illinois, Douglas branch 
        reconstruction project;
            $5,000,000 for Chicago, Illinois, Ravenswood line extension 
        project;
            $24,223,268 for St. Louis, Missouri, Metrolink St. Clair 
        extension project;
            $30,000,000 for Chicago, Illinois, Metra North central, 
        South West, Union Pacific commuter project;
            $10,000,000 for Charlotte, North Carolina, South corridor 
        light rail transit project;
            $9,000,000 for Raleigh, North Carolina, Triangle transit 
        project;
            $65,000,000 for San Diego, California, Mission Valley East 
        light rail transit extension project;
            $10,000,000 for Los Angeles, California, East Side corridor 
        light rail transit project;
            $80,605,331 for San Francisco, California, BART extension 
        project;
            $9,289,557 for Los Angeles, California, North Hollywood 
        extension project;
            $5,000,000 for Stockton, California, Altamont commuter rail 
        project;
            $113,336 for San Jose, California, Tasman West, light rail 
        transit project;
            $6,000,000 for Nashville, Tennessee, Commuter rail project;
            $19,170,000 for Memphis, Tennessee, Medical Center rail 
        extension project;
            $150,000 for Des Moines, Iowa, DSM bus feasibility project;
            $100,000 for Macro Vision Pioneer, Iowa, light rail 
        feasibility project;
            $3,500,000 for Sioux City, Iowa, light rail project;
            $300,000 for Dubuque, Iowa, light rail feasibility project;
            $2,000,000 for Charleston, South Carolina, Monobeam 
        project;
            $5,000,000 for Anderson County, South Carolina, transit 
        system project;
            $70,000,000 for Dallas, Texas, North central light rail 
        transit extension project;
            $25,000,000 for Houston, Texas, Metro advanced transit plan 
        project;
            $4,000,000 for Fort Worth, Texas, Trinity railway express 
        project;
            $12,000,000 for Honolulu, Hawaii, Bus rapid transit 
        project;
            $10,631,245 for Boston, Massachusetts, South Boston Piers 
        transitway project;
            $1,000,000 for Boston, Massachusetts, Urban ring transit 
        project;
            $4,000,000 for Kenosha-Racine, Milwaukee Wisconsin, 
        commuter rail extension project;
            $23,000,000 for New Orleans, Louisiana, Canal Street car 
        line project;
            $7,000,000 for New Orleans, Louisiana, Airport CBD commuter 
        rail project;
            $3,000,000 for Burlington, Vermont, Burlington to 
        Middlebury rail line project;
            $1,000,000 for Detroit, Michigan, light rail airport link 
        project;
            $1,500,000 for Grand Rapids, Michigan, ITP metro area, 
        major corridor project;
            $500,000 for Iowa, Metrolink light rail feasibility 
        project;
            $6,000,000 for Fairfield, Connecticut, Commuter rail 
        project;
            $4,000,000 for Stamford, Connecticut, Urban transitway 
        project;
            $3,000,000 for Little Rock, Arkansas, River rail project;
            $14,000,000 for Maryland, MARC commuter rail improvements 
        projects;
            $3,000,000 for Baltimore, Maryland rail transit project;
            $60,000,000 for Largo, Maryland, metrorail extension 
        project;
            $18,110,000 for Baltimore, Maryland, central light rail 
        transit double track project;
            $24,500,000 for Puget Sound, Washington, Sounder commuter 
        rail project;
            $30,000,000 for Fort Lauderdale, Florida, Tri-County 
        commuter rail project;
            $8,000,000 for Pawtucket-TF Green, Rhode Island, commuter 
        rail and maintenance facility project;
            $1,500,000 for Johnson County, Kansas, commuter rail 
        project;
            $20,000,000 for Long Island Railroad, New York, east side 
        access project;
            $3,000,000 for New York, New York, Second Avenue subway 
        project;
            $4,000,000 for Birmingham, Alabama, transit corridor 
        project;
            $5,000,000 for Nashua, New Hampshire-Lowell, Massachusetts, 
        commuter rail project;
            $10,000,000 for Pittsburgh, Pennsylvania, North Shore 
        connector light rail extension project;
            $16,000,000 for Philadelphia, Pennsylvania, Schuykill 
        Valley metro project;
            $20,000,000 for Pittsburgh, Pennsylvania, stage II light 
        rail transit reconstruction project;
            $2,500,000 for Scranton, Pennsylvania, rail service to New 
        York City project;
            $2,500,000 for Wasilla, Alaska, alternate route project;
            $1,000,000 for Ohio, Central Ohio North Corridor rail 
        (COTA) project;
            $4,000,000 for Virginia, VRE station improvements project;
            $50,000,000 for Twin Cities, Minnesota, Hiawatha Corridor 
        light rail transit project;
            $70,000,000 for Portland, Oregon, Interstate MAX light rail 
        transit extension project;
            $50,149,000 for San Juan, Tren Urbano project;
            $10,296,000 for Alaska and Hawaii Ferry projects.

                 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, $41,993,000, of which $645,000 
shall be derived from the Pipeline Safety Fund, and of which $5,434,000 
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, 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, 
$58,750,000, of which $11,472,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2003; of which $47,278,000 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.

                      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 dollar-for-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.

                  BUREAU OF TRANSPORTATION STATISTICS

                     Office of Airline Information

                    (airport and airway trust fund)

    For necessary expenses of the Office of Airline Information, under 
chapter 111 of title 49, United States Code, $3,760,000, to be derived 
from the Airport and Airway Trust Fund as authorized by Section 103(b) 
of Public Law 106-181.

                                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) 
$70,000,000, 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 therefore, as authorized by law (5 U.S.C. 5901-5902).
    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 98 political and Presidential 
appointees in the Department of Transportation.
    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. (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. 309. (a) For fiscal year 2002, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid 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 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 
        Federal-aid 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 
        Federal-aid 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 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 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. 310. 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. 311. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    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 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. 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. The Secretary of Transportation shall, in cooperation 
with the Federal Aviation Administrator, encourage a locally developed 
and executed plan between the State of Illinois, the City of Chicago, 
and affected communities for the purpose of modernizing O'Hare 
International Airport, addressing traffic congestion along the 
Northwest Corridor including western airport access, and moving forward 
with a third Chicago-area airport. If such a plan cannot be developed 
and executed by said parties, the Secretary and the Administrator shall 
work with Congress to enact a federal solution to address the aviation 
capacity crisis in the Chicago area.
    Sec. 316. 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. 317. 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. 318. 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. 319. Effective on the date of enactment of this Act, of the 
funds made available under section 1101(a)(12) of Public Law 105-178, 
as amended, $9,231,000 are rescinded.
    Sec. 320. 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. 321. 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 intra-island 
and inter-island ferry routes.
    Sec. 322. 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 Federal-aid highways and highway safety 
construction.
    Sec. 323. 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. 324. 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. 325. 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. 326. 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. 327. (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.--
            (1) Purchase of american-made equipment and products.--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. 328. Notwithstanding any other provision of law, the 
Commandant of the United States Coast Guard shall maintain an onboard 
staffing level at the Coast Guard Yard in Curtis Bay, Maryland of not 
less than 530 full time equivalent civilian employees: Provided, That 
the Commandant may reconfigure his vessel maintenance schedule and new 
construction projects to maximize employment at the Coast Guard Yard.
    Sec. 329. 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. 330. For necessary expenses of the Amtrak Reform Council 
authorized under section 203 of Public Law 105-134, $420,000, to remain 
available until September 30, 2003.
    Sec. 331. In addition to amounts otherwise made available under 
this Act, to enable the Secretary of Transportation to make grants for 
surface transportation projects, $20,000,000, to remain available until 
expended.
    Sec. 332. Section 648 of title 14, United States Code, is amended 
by striking the words ``or such similar Coast Guard industrial 
establishments''; and inserting after the words ``Coast Guard Yard'': 
``and other Coast Guard specialized facilities''. This paragraph is now 
labeled ``(a)'' and a new paragraph ``(b)'' is added to read as 
follows:
    ``(b) 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. 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. Amounts received under this subsection may be credited to 
appropriate Coast Guard accounts for fiscal year 2002 and for each 
fiscal year thereafter.''.
    Sec. 333. None of the funds in this Act may be used to make a grant 
unless the Secretary of Transportation notifies the House and Senate 
Committees on Appropriations not less than three 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. 334. Increase in Motor Carrier Funding. (a) In General.--
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 two-
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.
    (b) Effect.--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. 335. 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 ``Grants-in-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. 336. 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. 337. Section 8335(a) of title 5, United States Code, is 
amended by inserting the following before the period in the first 
sentence: ``if the controller qualifies for an immediate annuity at 
that time. If not eligible for an immediate annuity upon reaching age 
56, the controller may work until the last day of the month in which 
the controller becomes eligible for a retirement annuity unless the 
Secretary determines that such action would compromise safety''.
    Sec. 338. 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 $15,000,000 designated for innovative grant funds under 
Section 157 of Title 23, United States Code shall be used for national 
television and radio advertising to support the national law 
enforcement mobilizations conducted in all 50 states, aimed at 
increasing safety belt and child safety seat use and controlling drunk 
driving.
    Sec. 339. Section 1023(h) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 127 note) is amended--
            (1) in the subsection heading, by inserting ``Over-the-Road 
        Buses and'' before ``Public'';
            (2) in paragraph (1), by striking ``to any vehicle which'' 
        and inserting the following: ``to--
                    ``(A) any over-the-road bus; or
                    ``(B) any vehicle that''; and
            (3) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Study and report concerning applicability of maximum 
        axle weight limitations to over-the-road buses and public 
        transit vehicles.--
                    ``(A) Study and report.--Not later than July 31, 
                2003, the Secretary shall conduct a study of, and 
                submit to Congress a report on, the maximum axle weight 
                limitations applicable to vehicles using the Dwight D. 
                Eisenhower National System of Interstate and Defense 
                Highways established under section 127 of title 23, 
                United States Code, or under State law, as the 
                limitations apply to over-the-road buses and public 
                transit vehicles.
                    ``(B) Determination of applicability of vehicle 
                weight limitations.--
                            ``(i) In general.--The report shall 
                        include--
                                    ``(I) a determination concerning 
                                how the requirements of section 127 of 
                                that title should be applied to over-
                                the-road buses and public transit 
                                vehicles; and
                                    ``(II) short-term and long-term 
                                recommendations concerning the 
                                applicability of those requirements.
                            ``(ii) Considerations.--In making the 
                        determination described in clause (i)(I), the 
                        Secretary shall consider--
                                    ``(I) vehicle design standards;
                                    ``(II) statutory and regulatory 
                                requirements, including--
                                            ``(aa) the Clean Air Act 
                                        (42 U.S.C. 7401 et seq.);
                                            ``(bb) the Americans with 
                                        Disabilities Act of 1990 (42 
                                        U.S.C. 12101 et seq.); and
                                            ``(cc) motor vehicle safety 
                                        standards prescribed under 
                                        chapter 301 of title 49, United 
                                        States Code; and
                                    ``(III)(aa) the availability of 
                                lightweight materials suitable for use 
                                in the manufacture of over-the-road 
                                buses;
                                    ``(bb) the cost of those 
                                lightweight materials relative to the 
                                cost of heavier materials in use as of 
                                the date of the determination; and
                                    ``(cc) any safety or design 
                                considerations relating to the use of 
                                those materials.
                    ``(C) Analysis of means of encouraging development 
                and manufacture of lightweight buses.--The report shall 
                include an analysis of, and recommendations concerning, 
                means to be considered to encourage the development and 
                manufacture of lightweight buses, including an analysis 
                of--
                            ``(i) potential procurement incentives for 
                        public transit authorities to encourage the 
                        purchase of lightweight public transit vehicles 
                        using grants from the Federal Transit 
                        Administration; and
                            ``(ii) potential tax incentives for 
                        manufacturers and private operators to 
                        encourage the purchase of lightweight over-the-
                        road buses.
                    ``(D) Analysis of consideration in rulemakings of 
                additional vehicle weight.--The report shall include an 
                analysis of, and recommendations concerning, whether 
                Congress should require that each rulemaking by an 
                agency of the Federal Government that affects the 
                design or manufacture of motor vehicles consider--
                            ``(i) the weight that would be added to the 
                        vehicle by implementation of the proposed rule;
                            ``(ii) the effect that the added weight 
                        would have on pavement wear; and
                            ``(iii) the resulting cost to the Federal 
                        Government and State and local governments.
                    ``(E) Cost-benefit analysis.--The report shall 
                include an analysis relating to the axle weight of 
                over-the-road buses that compares--
                            ``(i) the costs of the pavement wear caused 
                        by over-the-road buses; with
                            ``(ii) the benefits of the over-the-road 
                        bus industry to the environment, the economy, 
                        and the transportation system of the United 
                        States.
            ``(3) Definitions.--In this subsection:
                    ``(A) Over-the-road bus.--The term `over-the-road 
                bus' has the meaning given the term in section 301 of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12181).
                    ``(B) Public transit vehicle.--The term `public 
                transit vehicle' means a vehicle described in paragraph 
                (1)(B).''.
    Sec. 340. 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. 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. 341. 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. 342. Funds provided in this Act for the Transportation 
Administrative Service Center (TASC) shall be reduced by $37,000,000, 
which limits fiscal year 2002 TASC obligational authority for elements 
of the Department of Transportation funded in this Act to no more than 
$88,323,000: 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. 343. Safety of Cross-Border Trucking Between United States and 
Mexico. 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--
            (1) the Federal Motor Carrier Safety Administration--
                    (A) performs 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 carrier a 
                satisfactory rating before granting conditional and, 
                again, before granting permanent authority to any such 
                carrier;
                    (B) requires that any such safety compliance review 
                take place onsite at the Mexican motor carrier's 
                facilities;
                    (C) 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;
                    (D) 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;
                    (E) requires State inspectors whose operations are 
                funded in part or in whole by Federal funds to check 
                for violations of Federal motor carrier safety laws and 
                regulations, including those pertaining to operating 
                authority and insurance;
                    (F) requires State inspectors who detect violations 
                of Federal motor carrier safety laws or regulations to 
                enforce them or notify Federal authorities of such 
                violations;
                    (G) equips all United States-Mexico border 
                crossings with Weigh-In-Motion (WIM) systems as well as 
                fixed scales suitable for enforcement action and 
                requires that inspectors verify by either means the 
                weight of each commercial vehicle entering the United 
                States at such a crossing;
                    (H) 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 States-Mexico border unless that 
                carrier provides proof of valid insurance with an 
                insurance company licensed and based in the United 
                States; and
                    (I) publishes in final form regulations--
                            (i) under section 210(b) of the Motor 
                        Carrier Safety Improvement Act of 1999 (49 
                        U.S.C. 31144 nt.) that establish minimum 
                        requirements for motor carriers, including 
                        foreign motor carriers, to ensure they are 
                        knowledgeable about Federal safety standards, 
                        that include the administration of a 
                        proficiency examination;
                            (ii) 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;
                            (iii) under sections 218(a) and (b) of that 
                        Act (49 U.S.C. 31133 nt.) establishing 
                        standards for the determination of the 
                        appropriate number of Federal and State motor 
                        carrier inspectors for the United States-Mexico 
                        border;
                            (iv) under section 219(d) of that Act (49 
                        U.S.C. 14901 nt.) that prohibit 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;
                            (v) under section 219(a) of that Act (49 
                        U.S.C. 14901 nt.) that prohibit foreign motor 
                        carriers from operating in the United States 
                        that is found to have operated illegally in the 
                        United States; and
                            (vi) under which a commercial vehicle 
                        operated by a Mexican motor carrier may not 
                        enter the United States at a border crossing 
                        unless an inspector is on duty; and
            (2) the Department of Transportation Inspector General 
        certifies in writing 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 (B) 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 
                hours-of-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 U.S. law enforcement 
                authorities to allow U.S. 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 
                States-Mexico 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
                    (H) measures are in place in Mexico, similar to 
                those in place in the United States, to ensure the 
                effective enforcement and monitoring of license 
                revocation and licensing procedures.
    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.
    Sec. 344. 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. 345. Item 1348 of the table contained in section 1602 of the 
Transportation Equity Act for the 21st Century (112 Stat. 306) is 
amended by striking ``Extend West Douglas Road'' and inserting ``Second 
Douglas Island Crossing''.
    Sec. 346. Item 642 in the table contained in section 1602 of the 
Transportation Equity Act for the 21st Century (112 Stat. 281), 
relating to Washington, is amended by striking ``Construct passenger 
ferry facility to serve Southworth, Seattle'' and inserting ``Passenger 
only ferry to serve Kitsap County-Seattle''.
    Item 1793 in section 1602 of the Transportation Equity Act for the 
21st Century (112 Stat. 322), relating to Washington, is amended by 
striking ``Southworth Seattle Ferry'' and inserting ``Passenger only 
ferry to serve Kitsap County-Seattle''.
    Sec. 347. 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. (a) Item 143 in the table under the heading ``Capital 
Investment Grants'' in title I of the Department of Transportation and 
Related Agencies Appropriations Act, 1999 (Public Law 105-277; 112 
Stat. 2681-456) is amended by striking ``Northern New Mexico park and 
ride facilities'' and inserting ``Northern New Mexico park and ride 
facilities and State of New Mexico, Buses and Bus-Related Facilities''.
    (b) Item 167 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 ``Northern New Mexico Transit Express/Park and 
Ride buses'' and inserting ``Northern New Mexico park and ride 
facilities and State of New Mexico, Buses and Bus-Related Facilities''.
    Sec. 349. Beginning in fiscal year 2002 and thereafter, 
notwithstanding 49 U.S.C. 41742, no essential air service subsidies 
shall be provided to communities in the United States (except Alaska) 
that are located fewer than 100 highway miles from the nearest large or 
medium hub airport, or fewer than 70 highway miles from the nearest 
small hub airport, or fewer than 50 highway miles from the nearest 
airport providing scheduled service with jet aircraft; or that require 
a rate of subsidy per passenger in excess of $200 unless such point is 
greater than 210 miles from the nearest large or medium hub airport.
    This Act may be cited as the ``Department of Transportation and 
Related Agencies Appropriations Act, 2002''.

                                                        Calendar No. 88

107th CONGRESS

  1st Session

                                S. 1178

                          [Report No. 107-38]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 2002, and for other 
                               purposes.

_______________________________________________________________________

                             July 13, 2001

                 Read twice and placed on the calendar
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