II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Department of Transportation and related agencies for
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1 the fiscal year ending September 30, 2002, and for other

2 purposes, namely:

3 TITLE I

4 DEPARTMENT OF TRANSPORTATION

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary,

8 $67,349,000: Provided, That not to exceed $60,000 shall

9 be for allocation within the Department for official recep10 tion and representation expenses as the Secretary may de11 termine: Provided further, That notwithstanding any other

12 provision of law, there may be credited to this appropria13 tion up to $2,500,000 in funds received in user fees.

14 OFFICE OF CIVIL RIGHTS

15 For necessary expenses of the Office of Civil Rights,

16 $8,500,000.

17 TRANSPORTATION PLANNING, RESEARCH, AND

18 DEVELOPMENT

19 For necessary expenses for conducting transportation

20 planning, research, systems development, development ac21 tivities, and making grants, to remain available until ex22 pended, $15,592,000.

23 TRANSPORTATION ADMINISTRATIVE SERVICE CENTER

24 Necessary expenses for operating costs and capital

25 outlays of the Transportation Administrative Service Cen-
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1 ter, not to exceed $125,323,000, shall be paid from appro2 priations made available to the Department of Transpor3 tation: Provided, That such services shall be provided on

4 a competitive basis to entities within the Department of

5 Transportation: Provided further, That the above limita6 tion on operating expenses shall not apply to non-DOT

7 entities: Provided further, That no funds appropriated in

8 this Act to an agency of the Department shall be trans9 ferred to the Transportation Administrative Service Cen10 ter without the approval of the agency modal adminis11 trator: Provided further, That no assessments may be lev12 ied against any program, budget activity, subactivity or

13 project funded by this Act unless notice of such assess14 ments and the basis therefor are presented to the House

15 and Senate Committees on Appropriations and are ap16 proved by such Committees.

17 MINORITY BUSINESS RESOURCE CENTER PROGRAM

18 For the cost of guaranteed loans, $500,000, as au19 thorized by 49 U.S.C. 332: Provided, That such costs, in20 cluding the cost of modifying such loans, shall be as de21 fined in section 502 of the Congressional Budget Act of

22 1974: Provided further, That these funds are available to

23 subsidize total loan principal, any part of which is to be

24 guaranteed, not to exceed $18,367,000. In addition, for
4

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1 administrative expenses to carry out the guaranteed loan

2 program, $400,000.

3 MINORITY BUSINESS OUTREACH

4 For necessary expenses of Minority Business Re5 source Center outreach activities, $3,000,000, of which

6 $2,635,000 shall remain available until September 30,

7 2003: Provided, That notwithstanding 49 U.S.C. 332,

8 these funds may be used for business opportunities related

9 to any mode of transportation.

10 COAST GUARD

11 OPERATING EXPENSES

12 For necessary expenses for the operation and mainte13 nance of the Coast Guard, not otherwise provided for; pur14 chase of not to exceed five passenger motor vehicles for

15 replacement only; payments pursuant to section 156 of

16 Public Law 97–377, as amended (42 U.S.C. 402 note),

17 and section 229(b) of the Social Security Act (42 U.S.C.

18 429(b)); and recreation and welfare, $3,427,588,000, of

19 which $695,000,000 shall be available for defense-related

20 activities including drug interdiction; and of which

21 $25,000,000 shall be derived from the Oil Spill Liability

22 Trust Fund: Provided, That none of the funds appro23 priated in this or any other Act shall be available for pay

24 for administrative expenses in connection with shipping

25 commissioners in the United States: Provided further,
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1 That none of the funds provided in this Act shall be avail2 able for expenses incurred for yacht documentation under

3 46 U.S.C. 12109, except to the extent fees are collected

4 from yacht owners and credited to this appropriation: Pro5 vided further, That of the amounts made available under

6 this heading, not less than $13,541,000 shall be used sole7 ly to increase staffing at Search and Rescue stations, surf

8 stations and command centers, increase the training and

9 experience level of individuals serving in said stations

10 through targeted retention efforts, revised personnel poli11 cies and expanded training programs, and to modernize

12 and improve the quantity and quality of personal safety

13 equipment, including survival suits, for personnel assigned

14 to said stations: Provided further, That the Department

15 of Transportation Inspector General shall audit and cer16 tify to the House and Senate Committees on Appropria17 tions that the funding described in the preceding proviso

18 is being used solely to supplement and not supplant the

19 Coast Guard’s level of effort in this area in fiscal year

20 2001.

21 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

22 For necessary expenses of acquisition, construction,

23 renovation, and improvement of aids to navigation, shore

24 facilities, vessels, and aircraft, including equipment related

25 thereto, $669,323,000, of which $20,000,000 shall be de-
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1 rived from the Oil Spill Liability Trust Fund; of which

2 $79,640,000 shall be available to acquire, repair, renovate

3 or improve vessels, small boats and related equipment, to

4 remain available until September 30, 2006; $12,500,000

5 shall be available to acquire new aircraft and increase

6 aviation capability, to remain available until September

7 30, 2004; $97,921,000 shall be available for other equip8 ment, to remain available until September 30, 2004;

9 $88,862,000 shall be available for shore facilities and aids

10 to navigation facilities, to remain available until Sep11 tember 30, 2004; $65,200,000 shall be available for per12 sonnel compensation and benefits and related costs, to re13 main available until September 30, 2003; and

14 $325,200,000 for the Integrated Deepwater Systems pro15 gram, to remain available until September 30, 2006: Pro16 vided, That the Commandant of the Coast Guard is au17 thorized to dispose of surplus real property, by sale or

18 lease, and the proceeds shall be credited to this appropria19 tion as offsetting collections and made available only for

20 the National Distress and Response System Moderniza21 tion program, to remain available for obligation until Sep22 tember 30, 2004: Provided further, That none of the funds

23 provided under this heading may be obligated or expended

24 for the Integrated Deepwater Systems (IDS) system inte25 gration contract until the Secretary or Deputy Secretary
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1 of Transportation and the Director, Office of Management

2 and Budget jointly certify to the House and Senate Com3 mittees on Appropriations that funding for the IDS pro4 gram for fiscal years 2003 through 2007, funding for the

5 National Distress and Response System Modernization

6 program to allow for full deployment of said system by

7 2006, and funding for other essential Search and Rescue

8 procurements, are fully funded in the Coast Guard Capital

9 Investment Plan and within the Office of Management

10 and Budget’s budgetary projections for the Coast Guard

11 for those years: Provided further, That none of the funds

12 provided under this heading may be obligated or expended

13 for the Integrated Deepwater Systems (IDS) integration

14 contract until the Secretary or Deputy Secretary of Trans15 portation, and the Director, Office of Management and

16 Budget jointly approve a contingency procurement strat17 egy for the recapitalization of assets and capabilities envi18 sioned in the IDS: Provided further, That upon initial sub19 mission to the Congress of the fiscal year 2003 President’s

20 budget, the Secretary of Transportation shall transmit to

21 the Congress a comprehensive capital investment plan for

22 the United States Coast Guard which includes funding for

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

24 with total funding for each year of the plan constrained

25 to the funding targets for those years as estimated and
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1 approved by the Office of Management and Budget: Pro2 vided further, That the amount herein appropriated shall

3 be reduced by $100,000 per day for each day after initial

4 submission of the President’s budget that the plan has not

5 been submitted to the Congress: Provided further, That

6 the Director, Office of Management and Budget shall sub7 mit the budget request for the IDS integration contract

8 delineating sub-headings as follows: systems integrator,

9 ship construction, aircraft, equipment, and communica10 tions, providing specific assets and costs under each sub11 heading.

12 (RESCISSIONS)

13 Of the amounts made available under this heading

14 in Public Laws 105–277, 106–69, and 106–346,

15 $8,700,000 are rescinded.

16 ENVIRONMENTAL COMPLIANCE AND RESTORATION

17 For necessary expenses to carry out the Coast

18 Guard’s environmental compliance and restoration func19 tions under chapter 19 of title 14, United States Code,

20 $16,927,000, to remain available until expended.

21 ALTERATION OF BRIDGES

22 For necessary expenses for alteration or removal of

23 obstructive bridges, $15,466,000, to remain available until

24 expended.
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1 RETIRED PAY

2 For retired pay, including the payment of obligations

3 therefor otherwise chargeable to lapsed appropriations for

4 this purpose, payments under the Retired Serviceman’s

5 Family Protection and Survivor Benefits Plans, payment

6 for career status bonuses under the National Defense Au7 thorization Act, and for payments for medical care of re8 tired personnel and their dependents under the Depend9 ents Medical Care Act (10 U.S.C. ch. 55), $876,346,000.

10 RESERVE TRAINING

11 (INCLUDING TRANSFER OF FUNDS)

12 For all necessary expenses of the Coast Guard Re13 serve, as authorized by law; maintenance and operation

14 of facilities; and supplies, equipment, and services,

15 $83,194,000: Provided, That no more than $25,800,000

16 of funds made available under this heading may be trans17 ferred to Coast Guard ‘‘Operating expenses’’ or otherwise

18 made available to reimburse the Coast Guard for financial

19 support of the Coast Guard Reserve: Provided further,

20 That none of the funds in this Act may be used by the

21 Coast Guard to assess direct charges on the Coast Guard

22 Reserves for items or activities which were not so charged

23 during fiscal year 1997.
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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses, not otherwise provided for,

3 for applied scientific research, development, test, and eval4 uation; maintenance, rehabilitation, lease and operation of

5 facilities and equipment, as authorized by law,

6 $21,722,000, to remain available until expended, of which

7 $3,492,000 shall be derived from the Oil Spill Liability

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

9 used for the purposes of this appropriation funds received

10 from State and local governments, other public authori11 ties, private sources, and foreign countries, for expenses

12 incurred for research, development, testing, and evalua13 tion.

14 FEDERAL AVIATION ADMINISTRATION

15 OPERATIONS

16 For necessary expenses of the Federal Aviation Ad17 ministration, not otherwise provided for, including oper18 ations and research activities related to commercial space

19 transportation, administrative expenses for research and

20 development, establishment of air navigation facilities, the

21 operation (including leasing) and maintenance of aircraft,

22 subsidizing the cost of aeronautical charts and maps sold

23 to the public, lease or purchase of passenger motor vehi24 cles for replacement only, in addition to amounts made

25 available by Public Law 104–264, $6,916,000,000, of
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1 which $5,777,219,000 shall be derived from the Airport

2 and Airway Trust Fund: Provided, That there may be

3 credited to this appropriation funds received from States,

4 counties, municipalities, foreign authorities, other public

5 authorities, and private sources, for expenses incurred in

6 the provision of agency services, including receipts for the

7 maintenance and operation of air navigation facilities, and

8 for issuance, renewal or modification of certificates, in9 cluding airman, aircraft, and repair station certificates, or

10 for tests related thereto, or for processing major repair

11 or alteration forms: Provided further, That of the funds

12 appropriated under this heading, not less than $6,000,000

13 shall be for the contract tower cost-sharing program: Pro14 vided further, That funds may be used to enter into a

15 grant agreement with a nonprofit standard-setting organi16 zation to assist in the development of aviation safety

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

18 Act shall be available for new applicants for the second

19 career training program: Provided further, That none of

20 the funds in this Act shall be available for paying premium

21 pay under 5 U.S.C. 5546(a) to any Federal Aviation Ad22 ministration employee unless such employee actually per23 formed work during the time corresponding to such pre24 mium pay: Provided further, That none of the funds in

25 this Act may be obligated or expended to operate a
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1 manned auxiliary flight service station in the contiguous

2 United States.

3 FACILITIES AND EQUIPMENT

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For necessary expenses, not otherwise provided for,

6 for acquisition, establishment, and improvement by con7 tract or purchase, and hire of air navigation and experi8 mental facilities and equipment as authorized under part

9 A of subtitle VII of title 49, United States Code, including

10 initial acquisition of necessary sites by lease or grant; en11 gineering and service testing, including construction of

12 test facilities and acquisition of necessary sites by lease

13 or grant; construction and furnishing of quarters and re14 lated accommodations for officers and employees of the

15 Federal Aviation Administration stationed at remote local16 ities where such accommodations are not available; and

17 the purchase, lease, or transfer of aircraft from funds

18 available under this heading; to be derived from the Air19 port and Airway Trust Fund, $2,914,000,000, of which

20 $2,536,900,000 shall remain available until September 30,

21 2004, and of which $377,100,000 shall remain available

22 until September 30, 2002: Provided, That there may be

23 credited to this appropriation funds received from States,

24 counties, municipalities, other public authorities, and pri25 vate sources, for expenses incurred in the establishment
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1 and modernization of air navigation facilities: Provided

2 further, That upon initial submission to the Congress of

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

4 Transportation shall transmit to the Congress a com5 prehensive capital investment plan for the Federal Avia6 tion Administration which includes funding for each budg7 et line item for fiscal years 2003 through 2007, with total

8 funding for each year of the plan constrained to the fund9 ing targets for those years as estimated and approved by

10 the Office of Management and Budget: Provided further,

11 That the amount herein appropriated shall be reduced by

12 $100,000 per day for each day after initial submission of

13 the President’s budget that the plan has not been sub14 mitted to the Congress.

15 RESEARCH, ENGINEERING, AND DEVELOPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses, not otherwise provided for,

18 for research, engineering, and development, as authorized

19 under part A of subtitle VII of title 49, United States

20 Code, including construction of experimental facilities and

21 acquisition of necessary sites by lease or grant,

22 $195,808,000, to be derived from the Airport and Airway

23 Trust Fund and to remain available until September 30,

24 2004: Provided, That there may be credited to this appro25 priation funds received from States, counties, municipali-
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1 ties, other public authorities, and private sources, for ex2 penses incurred for research, engineering, and develop3 ment.

4 GRANTS-IN-AID FOR AIRPORTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (AIRPORT AND AIRWAY TRUST FUND)

8 For liquidation of obligations incurred for grants-in9 aid for airport planning and development, and noise com10 patibility planning and programs as authorized under sub11 chapter I of chapter 471 and subchapter I of chapter 475

12 of title 49, United States Code, and under other law au13 thorizing such obligations; for administration of such pro14 grams and of programs under section 40117 of such title;

15 and for inspection activities and administration of airport

16 safety programs, including those related to airport oper17 ating certificates under section 44706 of title 49, United

18 States Code, $1,800,000,000, to be derived from the Air19 port and Airway Trust Fund and to remain available until

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

21 heading shall be available for the planning or execution

22 of programs the obligations for which are in excess of

23 $3,300,000,000 in fiscal year 2002, notwithstanding sec24 tion 47117(h) of title 49, United States Code: Provided

25 further, That notwithstanding any other provision of law,

26 not more than $64,597,000 of funds limited under this
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1 heading shall be obligated for administration: Provided

2 further, That of the funds under this heading, not more

3 than $10,000,000 may be available to carry out the Essen4 tial Air Service program under subchapter II of chapter

5 417 of title 49 U.S.C., pursuant to section 41742(a) of

6 such title.

7 GRANTS-IN-AID FOR AIRPORTS

8 (AIRPORT AND AIRWAY TRUST FUND)

9 (RESCISSION OF CONTRACT AUTHORIZATION)

10 Of the unobligated balances authorized under 49

11 U.S.C. 48103, as amended, $301,720,000 are rescinded.

12 SMALL COMMUNITY AIR SERVICE DEVELOPMENT

13 For necessary expenses to carry out the Small Com14 munity Air Service Development Pilot Program under sec15 tion 41743 of title 49 U.S.C., $20,000,000, to remain

16 available until expended.

17 AVIATION INSURANCE REVOLVING FUND

18 The Secretary of Transportation is hereby authorized

19 to make such expenditures and investments, within the

20 limits of funds available pursuant to 49 U.S.C. 44307, and

21 in accordance with section 104 of the Government Cor22 poration Control Act, as amended (31 U.S.C. 9104), as

23 may be necessary in carrying out the program for aviation

24 insurance activities under chapter 443 of title 49, United

25 States Code.
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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 Necessary expenses for administration and operation

4 of the Federal Highway Administration, not to exceed

5 $316,521,000 shall be paid in accordance with law from

6 appropriations made available by this Act to the Federal

7 Highway Administration together with advances and reim8 bursements received by the Federal Highway Administra9 tion: Provided, That of the funds available under section

10 104(a) of title 23, United States Code: $7,500,000 shall

11 be available for ‘‘Child Passenger Protection Education

12 Grants’’ under section 2003(b) of Public Law 105–178,

13 as amended; $7,000,000 shall be available for motor car14 rier safety research; and $11,000,000 shall be available

15 for the motor carrier crash data improvement program,

16 the commercial driver’s license improvement program, and

17 the motor carrier 24-hour telephone hotline.

18 FEDERAL-AID HIGHWAYS

19 (LIMITATION ON OBLIGATIONS)

20 (HIGHWAY TRUST FUND)

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

22 the implementation or execution of programs, the obliga23 tions for which are in excess of $31,919,103,000 for Fed24 eral-aid highways and highway safety construction pro25 grams for fiscal year 2002: Provided, That within the

26 $31,919,103,000 obligation limitation on Federal-aid
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1 highways and highway safety construction programs, not

2 more than $447,500,000 shall be available for the imple3 mentation or execution of programs for transportation re4 search (sections 502, 503, 504, 506, 507, and 508 of title

5 23, United States Code, as amended; section 5505 of title

6 49, United States Code, as amended; and sections 5112

7 and 5204–5209 of Public Law 105–178) for fiscal year

8 2002: Provided further, That within the $225,000,000 ob9 ligation limitation on Intelligent Transportation Systems,

10 the following sums shall be made available for Intelligent

11 Transportation System projects in the following specified

12 areas:

13 Indiana Statewide, $1,500,000;

14 Southeast Corridor, Colorado, $9,900,000;

15 Jackson Metropolitan, Mississippi, $1,000,000;

16 Harrison County, Mississippi, $1,000,000;

17 Indiana, SAFE–T, $3,000,000;

18 Maine Statewide (Rural), $1,000,000;

19 Atlanta Metropolitan GRTA, Georgia,

20 $1,000,000;

21 Moscow, Idaho, $2,000,000;

22 Washington Metropolitan Region, $4,000,000;

23 Travel Network, South Dakota, $3,200,000;

24 Central Ohio, $3,000,000;

25 Delaware Statewide, $4,000,000;
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1 Santa Teresa, New Mexico, $1,500,000;

2 Fargo, North Dakota, $1,500,000;

3 Illinois statewide, $3,750,000;

4 Forsyth, Guilford Counties, North Carolina,

5 $2,000,000;

6 Durham, Wake Counties, North Carolina,

7 $1,000,000;

8 Chattanooga, Tennessee, $2,380,000;

9 Nebraska Statewide, $5,000,000;

10 South Carolina Statewide, $7,000,000;

11 Texas Statewide, $4,000,000;

12 Hawaii Statewide, $1,750,000;

13 Wisconsin Statewide, $2,000,000;

14 Arizona Statewide EMS, $1,000,000;

15 Vermont Statewide (Rural), $1,500,000;

16 Rutland, Vermont, $1,200,000;

17 Detroit, Michigan (Airport), $4,500,000;

18 Macomb, Michigan (border crossing),

19 $2,000,000;

20 Sacramento, California, $6,000,000;

21 Lexington, Kentucky, $1,500,000;

22 Maryland Statewide, $2,000,000;

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

24 Washington Statewide, $6,000,000;

25 Southern Nevada (bus), $2,200,000;
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1 Santa Anita, California, $1,000,000;

2 Las Vegas, Nevada, $3,000,000;

3 North Greenbush, New York, $2,000,000;

4 New York, New Jersey, Connecticut

5 (TRANSCOM), $7,000,000;

6 Crash Notification, Alabama, $2,500,000;

7 Philadelphia, Pennsylvania (Drexel),

8 $3,000,000;

9 Pennsylvania Statewide (Turnpike),

10 $1,000,000;

11 Alaska Statewide, $3,000,000;

12 St. Louis, Missouri, $1,500,000;

13 Wisconsin Communications Network, $620,000:

14 Provided further, That, notwithstanding any other provi15 sion of law, funds authorized under section 110 of title

16 23, United States Code, for fiscal year 2002 shall be ap17 portioned to the States in accordance with the distribution

18 set forth in section 110(b)(4)(A) and (B) of title 23,

19 United States Code, except that before such apportion20 ments are made, $35,565,651 shall be set aside for the

21 program authorized under section 1101(a)(8)(A) of the

22 Transportation Equity Act for the 21st Century, as

23 amended, and section 204 of title 23, United States Code;

24 $31,815,091 shall be set aside for the program authorized

25 under section 1101(a)(8)(B) of the Transportation Equity
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1 Act for the 21st Century, as amended, and section 204

2 of title 23, United States Code; $21,339,391 shall be set

3 aside for the program authorized under section

4 1101(a)(8)(C) of the Transportation Equity Act for the

5 21st Century, as amended, and section 204 of title 23,

6 United States Code; $2,586,593 shall be set aside for the

7 program authorized under section 1101(a)(8)(D) of the

8 Transportation Equity Act for the 21st Century, as

9 amended, and section 204 of title 23, United States Code;

10 $4,989,367 shall be set aside for the program authorized

11 under section 129(c) of title 23, United States Code, and

12 section 1064 of the Intermodal Surface Transportation

13 Efficiency Act of 1991, as amended; $230,681,878 shall

14 be set aside for the programs authorized under sections

15 1118 and 1119 of the Transportation Equity Act for the

16 21st Century, as amended; $2,468,424 shall be set aside

17 for the projects authorized by section 218 of title 23,

18 United States Code; $13,129,913 shall be set aside for the

19 program authorized under section 118(c) of title 23,

20 United States Code; $13,129,913 shall be set aside for the

21 program authorized under section 144(g) of title 23,

22 United States Code; $55,000,000 shall be set aside for the

23 program authorized under section 1221 of the Transpor24 tation Equity Act for the 21st Century, as amended;

25 $100,000,000 shall be set aside to carry out a matching
21

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1 grant program to promote access to alternative methods

2 of transportation; $45,000,000 shall be set aside to carry

3 out a pilot program that promotes innovative transpor4 tation solutions for people with disabilities; and

5 $23,896,000 shall be set aside and transferred to the Fed6 eral Motor Carrier Safety Administration as authorized by

7 section 102 of Public Law 106–159: Provided further,

8 That, of the funds to be apportioned to each State under

9 section 110 for fiscal year 2002, the Secretary shall ensure

10 that such funds are apportioned for the programs author11 ized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),

12 1101(a)(4), and 1101(a)(5) of the Transportation Equity

13 Act for the 21st Century, as amended, in the same ratio

14 that each State is apportioned funds for such programs

15 in fiscal year 2002 but for this section.

16 FEDERAL-AID HIGHWAYS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (HIGHWAY TRUST FUND)

19 Notwithstanding any other provision of law, for car20 rying out the provisions of title 23, United States Code,

21 that are attributable to Federal-aid highways, including

22 the National Scenic and Recreational Highway as author23 ized by 23 U.S.C. 148, not otherwise provided, including

24 reimbursement for sums expended pursuant to the provi25 sions of 23 U.S.C. 308, $30,000,000,000 or so much
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1 thereof as may be available in and derived from the High2 way Trust Fund, to remain available until expended.

3 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

4 For necessary expenses for the Appalachian Develop5 ment Highway System as authorized under Section

6 1069(y) of Public Law 102–240, as amended,

7 $350,000,000, to remain available until expended.

8 STATE INFRASTRUCTURE BANKS

9 (RESCISSION)

10 Of the funds made available for State Infrastructure

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

12 FEDERAL MOTOR CARRIER SAFETY

13 ADMINISTRATION

14 MOTOR CARRIER SAFETY

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 (INCLUDING RESCISSION OF FUNDS)

17 For necessary expenses for administration of motor

18 carrier safety programs and motor carrier safety research,

19 pursuant to section 104(a)(1)(B) of title 23, United States

20 Code, not to exceed $105,000,000 shall be paid in accord21 ance with law from appropriations made available by this

22 Act and from any available take-down balances to the Fed23 eral Motor Carrier Safety Administration, together with

24 advances and reimbursements received by the Federal

25 Motor Carrier Safety Administration, of which $5,000,000

26 is for the motor carrier safety operations program: Pro-
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1 vided, That such amounts shall be available to carry out

2 the functions and operations of the Federal Motor Carrier

3 Safety Administration.

4 (RESCISSION)

5 Of the unobligated balances authorized under 23

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

7 NATIONAL MOTOR CARRIER SAFETY PROGRAM

8 (LIQUIDATION OF CONTRACT AUTHORIZATION)

9 (LIMITATION ON OBLIGATIONS)

10 (HIGHWAY TRUST FUND)

11 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

12 For payment of obligations incurred in carrying out

13 49 U.S.C. 31102, 31106 and 31309, $204,837,000, to be

14 derived from the Highway Trust Fund and to remain

15 available until expended: Provided, That none of the funds

16 in this Act shall be available for the implementation or

17 execution of programs the obligations for which are in ex18 cess of $183,059,000 for ‘‘Motor Carrier Safety Grants’’,

19 and ‘‘Information Systems’’: Provided further, That not20 withstanding any other provision of law, of the

21 $22,837,000 provided under 23 U.S.C. 110, $18,000,000

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

23 for State commercial driver’s license program improve24 ments.
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1 Of the unobligated balances authorized under 49

2 U.S.C. 31102, 31106, and 31309, $2,332,546 are re3 scinded.

4 NATIONAL HIGHWAY TRAFFIC SAFETY

5 ADMINISTRATION

6 OPERATIONS AND RESEARCH

7 For expenses necessary to discharge the functions of

8 the Secretary, with respect to traffic and highway safety

9 under chapter 301 of title 49, United States Code, and

10 part C of subtitle VI of title 49, United States Code,

11 $132,000,000 of which $96,360,000 shall remain available

12 until September 30, 2004: Provided, That none of the

13 funds appropriated by this Act may be obligated or ex14 pended to plan, finalize, or implement any rulemaking to

15 add to section 575.104 of title 49 of the Code of Federal

16 Regulations any requirement pertaining to a grading

17 standard that is different from the three grading stand18 ards (treadwear, traction, and temperature resistance) al19 ready in effect.

20 OPERATIONS AND RESEARCH

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

25 For payment of obligations incurred in carrying out

26 the provisions of 23 U.S.C. 403, to remain available until
25

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1 expended, $72,000,000, to be derived from the Highway

2 Trust Fund: Provided, That none of the funds in this Act

3 shall be available for the planning or execution of pro4 grams the total obligations for which, in fiscal year 2002,

5 are in excess of $72,000,000 for programs authorized

6 under 23 U.S.C. 403.

7 Of the unobligated balances authorized under 23

8 U.S.C. 403, $1,516,000 are rescinded.

9 NATIONAL DRIVER REGISTER

10 (HIGHWAY TRUST FUND)

11 For expenses necessary to discharge the functions of

12 the Secretary with respect to the National Driver Register

13 under chapter 303 of title 49, United States Code,

14 $2,000,000, to be derived from the Highway Trust Fund,

15 and to remain available until expended.

16 HIGHWAY TRAFFIC SAFETY GRANTS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 (INCLUDING RESCISSION OF CONTRACT AUTHORIZATION)

21 Notwithstanding any other provision of law, for pay22 ment of obligations incurred in carrying out the provisions

23 of 23 U.S.C. 402, 405, 410, and 411 to remain available

24 until expended, $223,000,000, to be derived from the

25 Highway Trust Fund: Provided, That none of the funds

26 in this Act shall be available for the planning or execution
26

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1 of programs the total obligations for which, in fiscal year

2 2002, are in excess of $223,000,000 for programs author3 ized under 23 U.S.C. 402, 405, 410, and 411 of which

4 $160,000,000 shall be for ‘‘Highway Safety Programs’’

5 under 23 U.S.C. 402, $15,000,000 shall be for ‘‘Occupant

6 Protection Incentive Grants’’ under 23 U.S.C. 405,

7 $38,000,000 shall be for ‘‘Alcohol-Impaired Driving Coun8 termeasures Grants’’ under 23 U.S.C. 410, and

9 $10,000,000 shall be for the ‘‘State Highway Safety Data

10 Grants’’ under 23 U.S.C. 411: Provided further, That

11 none of these funds shall be used for construction, reha12 bilitation, or remodeling costs, or for office furnishings

13 and fixtures for State, local, or private buildings or struc14 tures: Provided further, That not to exceed $8,000,000 of

15 the funds made available for section 402, not to exceed

16 $750,000 of the funds made available for section 405, not

17 to exceed $1,900,000 of the funds made available for sec18 tion 410, and not to exceed $500,000 of the funds made

19 available for section 411 shall be available to NHTSA for

20 administering highway safety grants under chapter 4 of

21 title 23, United States Code: Provided further, That not

22 to exceed $500,000 of the funds made available for section

23 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’

24 shall be available for technical assistance to the States.
27

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1 Of the unobligated balances authorized under 23

2 U.S.C. 402, 405, 410, and 411, $468,600 are rescinded.

3 FEDERAL RAILROAD ADMINISTRATION

4 SAFETY AND OPERATIONS

5 For necessary expenses of the Federal Railroad Ad6 ministration, not otherwise provided for, $111,357,000, of

7 which $6,159,000 shall remain available until expended:

8 Provided, That, as part of the Washington Union Station

9 transaction in which the Secretary assumed the first deed

10 of trust on the property and, where the Union Station Re11 development Corporation or any successor is obligated to

12 make payments on such deed of trust on the Secretary’s

13 behalf, including payments on and after September 30,

14 1988, the Secretary is authorized to receive such payments

15 directly from the Union Station Redevelopment Corpora16 tion, credit them to the appropriation charged for the first

17 deed of trust, and make payments on the first deed of

18 trust with those funds: Provided further, That such addi19 tional sums as may be necessary for payment on the first

20 deed of trust may be advanced by the Administrator from

21 unobligated balances available to the Federal Railroad Ad22 ministration, to be reimbursed from payments received

23 from the Union Station Redevelopment Corporation.
28

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1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and de3 velopment, $30,325,000, to remain available until ex4 pended.

5 RAILROAD REHABILITATION AND IMPROVEMENT

6 PROGRAM

7 The Secretary of Transportation is authorized to

8 issue to the Secretary of the Treasury notes or other obli9 gations pursuant to section 512 of the Railroad Revitaliza10 tion and Regulatory Reform Act of 1976 (Public Law 94–

11 210), as amended, in such amounts and at such times as

12 may be necessary to pay any amounts required pursuant

13 to the guarantee of the principal amount of obligations

14 under sections 511 through 513 of such Act, such author15 ity to exist as long as any such guaranteed obligation is

16 outstanding: Provided, That pursuant to section 502 of

17 such Act, as amended, no new direct loans or loan guar18 antee commitments shall be made using Federal funds for

19 the credit risk premium during fiscal year 2002.

20 NEXT GENERATION HIGH-SPEED RAIL

21 For necessary expenses for the Next Generation

22 High-Speed Rail program as authorized under 49 U.S.C.

23 26101 and 26102, $40,000,000, to remain available until

24 expended.
29

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1 ALASKA RAILROAD REHABILITATION

2 To enable the Secretary of Transportation to make

3 grants to the Alaska Railroad, $20,000,000 shall be for

4 capital rehabilitation and improvements benefiting its pas5 senger operations, to remain available until expended.

6 NATIONAL RAIL DEVELOPMENT AND REHABILITATION

7 To enable the Secretary to make grants and enter

8 into contracts for the development and rehabilitation of

9 freight and passenger rail infrastructure, $12,000,000, to

10 remain available until expended.

11 CAPITAL GRANTS TO THE NATIONAL RAILROAD

12 PASSENGER CORPORATION

13 For necessary expenses of capital improvements of

14 the National Railroad Passenger Corporation as author15 ized by 49 U.S.C. 24104(a), $521,476,000, to remain

16 available until expended.

17 FEDERAL TRANSIT ADMINISTRATION

18 ADMINISTRATIVE EXPENSES

19 For necessary administrative expenses of the Federal

20 Transit Administration’s programs authorized by chapter

21 53 of title 49, United States Code, $13,400,000: Provided,

22 That no more than $67,000,000 of budget authority shall

23 be available for these purposes: Provided further, That of

24 the funds in this Act available for execution of contracts

25 under section 5327(c) of title 49, United States Code,
30

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1 $2,000,000 shall be reimbursed to the Department of

2 Transportation’s Office of Inspector General for costs as3 sociated with audits and investigations of transit-related

4 issues, including reviews of new fixed guideway systems:

5 Provided further, That not to exceed $2,600,000 for the

6 National Transit Database shall remain available until ex7 pended.

8 FORMULA GRANTS

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

10 5308, 5310, 5311, 5327, and section 3038 of Public Law

11 105–178, $718,400,000, to remain available until ex12 pended: Provided, That no more than $3,592,000,000 of

13 budget authority shall be available for these purposes: Pro14 vided further, That, notwithstanding any other provision

15 of law, of the funds provided under this heading,

16 $5,000,000 shall be available for grants for the costs of

17 planning, delivery, and temporary use of transit vehicles

18 for special transportation needs and construction of tem19 porary transportation facilities for the VIII Paralympiad

20 for the Disabled, to be held in Salt Lake City, Utah: Pro21 vided further, That in allocating the funds designated in

22 the preceding proviso, the Secretary shall make grants

23 only to the Utah Department of Transportation, and such

24 grants shall not be subject to any local share requirement
31

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1 or limitation on operating assistance under this Act or the

2 Federal Transit Act, as amended.

3 UNIVERSITY TRANSPORTATION RESEARCH

4 For necessary expenses to carry out 49 U.S.C. 5505,

5 $1,200,000, to remain available until expended: Provided,

6 That no more than $6,000,000 of budget authority shall

7 be available for these purposes.

8 TRANSIT PLANNING AND RESEARCH

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

10 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and

11 5322, $23,000,000, to remain available until expended:

12 Provided, That no more than $116,000,000 of budget au13 thority shall be available for these purposes: Provided fur14 ther, That $5,250,000 is available to provide rural trans15 portation assistance (49 U.S.C. 5311(b)(2)), $4,000,000

16 is available to carry out programs under the National

17 Transit Institute (49 U.S.C. 5315), $8,250,000 is avail18 able to carry out transit cooperative research programs

19 (49 U.S.C. 5313(a)), $55,422,400 is available for metro20 politan planning (49 U.S.C. 5303, 5304, and 5305),

21 $11,577,600 is available for State planning (49 U.S.C.

22 5313(b)); and $31,500,000 is available for the national

23 planning and research program (49 U.S.C. 5314).
32

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1 TRUST FUND SHARE OF EXPENSES

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (HIGHWAY TRUST FUND)

4 Notwithstanding any other provision of law, for pay5 ment of obligations incurred in carrying out 49 U.S.C.

6 5303–5308, 5310–5315, 5317(b), 5322, 5327, 5334,

7 5505, and sections 3037 and 3038 of Public Law 105–

8 178, $5,397,800,000, to remain available until expended,

9 and to be derived from the Mass Transit Account of the

10 Highway Trust Fund: Provided, That $2,873,600,000

11 shall be paid to the Federal Transit Administration’s for12 mula grants account: Provided further, That $93,000,000

13 shall be paid to the Federal Transit Administration’s tran14 sit planning and research account: Provided further, That

15 $53,600,000 shall be paid to the Federal Transit Adminis16 tration’s administrative expenses account: Provided fur17 ther, That $4,800,000 shall be paid to the Federal Transit

18 Administration’s university transportation research ac19 count: Provided further, That $100,000,000 shall be paid

20 to the Federal Transit Administration’s job access and re21 verse commute grants program: Provided further, That

22 $2,272,800,000 shall be paid to the Federal Transit Ad23 ministration’s capital investment grants account.
33

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1 CAPITAL INVESTMENT GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

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

4 5309, 5318, and 5327, $668,200,000, to remain available

5 until expended: Provided, That no more than

6 $2,941,000,000 of budget authority shall be available for

7 these purposes: Provided further, That notwithstanding

8 any other provision of law, there shall be available for

9 fixed guideway modernization, $1,136,400,000; there shall

10 be available for the replacement, rehabilitation, and pur11 chase of buses and related equipment and the construction

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

13 $50,000,000 transferred from ‘‘Federal Transit Adminis14 tration, Formula grants’’; and there shall be available for

15 new fixed guideway systems $1,236,400,000, to be avail16 able for transit new starts; to be available as follows:

17 $192,492 for Denver, Colorado, Southwest cor18 ridor light rail transit project;

19 $3,000,000 for Northeast Indianapolis down20 town corridor project;

21 $3,000,000 for Northern Indiana South Shore

22 commuter rail project;

23 $15,000,000 for Salt Lake City, Utah, CBD to

24 University light rail transit project;
34

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1 $6,000,000 for Salt Lake City, Utah, Univer2 sity Medical Center light rail transit extension

3 project;

4 $2,000,000 for Salt Lake City, Utah, Ogden5 Provo commuter rail project;

6 $4,000,000 for Wilmington, Delaware, Transit

7 Corridor project;

8 $500,000 for Yosemite Area Regional Trans9 portation System project;

10 $60,000,000 for Denver, Colorado, Southeast

11 corridor light rail transit project;

12 $10,000,000 for Kansas City, Missouri, Central

13 Corridor Light Rail transit project;

14 $25,000,000 for Atlanta, Georgia, MARTA ex15 tension project;

16 $2,000,000 for Maine Marine Highway develop17 ment project;

18 $151,069,771 for New Jersey, Hudson-Bergen

19 light rail transit project;

20 $20,000,000 for Newark-Elizabeth, New Jer21 sey, rail link project;

22 $3,000,000 for New Jersey Urban Core Newark

23 Penn Station improvements project;

24 $7,000,000 for Cleveland, Ohio, Euclid corridor

25 extension project;
35

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1 $2,000,000 for Albuquerque, New Mexico, light

2 rail project;

3 $35,000,000 for Chicago, Illinois, Douglas

4 branch reconstruction project;

5 $5,000,000 for Chicago, Illinois, Ravenswood

6 line extension project;

7 $24,223,268 for St. Louis, Missouri, Metrolink

8 St. Clair extension project;

9 $30,000,000 for Chicago, Illinois, Metra North

10 central, South West, Union Pacific commuter

11 project;

12 $10,000,000 for Charlotte, North Carolina,

13 South corridor light rail transit project;

14 $9,000,000 for Raleigh, North Carolina, Tri15 angle transit project;

16 $65,000,000 for San Diego, California, Mission

17 Valley East light rail transit extension project;

18 $10,000,000 for Los Angeles, California, East

19 Side corridor light rail transit project;

20 $80,605,331 for San Francisco, California,

21 BART extension project;

22 $9,289,557 for Los Angeles, California, North

23 Hollywood extension project;

24 $5,000,000 for Stockton, California, Altamont

25 commuter rail project;
36

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1 $113,336 for San Jose, California, Tasman

2 West, light rail transit project;

3 $6,000,000 for Nashville, Tennessee, Commuter

4 rail project;

5 $19,170,000 for Memphis, Tennessee, Medical

6 Center rail extension project;

7 $150,000 for Des Moines, Iowa, DSM bus fea8 sibility project;

9 $100,000 for Macro Vision Pioneer, Iowa, light

10 rail feasibility project;

11 $3,500,000 for Sioux City, Iowa, light rail

12 project;

13 $300,000 for Dubuque, Iowa, light rail feasi14 bility project;

15 $2,000,000 for Charleston, South Carolina,

16 Monobeam project;

17 $5,000,000 for Anderson County, South Caro18 lina, transit system project;

19 $70,000,000 for Dallas, Texas, North central

20 light rail transit extension project;

21 $25,000,000 for Houston, Texas, Metro ad22 vanced transit plan project;

23 $4,000,000 for Fort Worth, Texas, Trinity rail24 way express project;
37

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1 $12,000,000 for Honolulu, Hawaii, Bus rapid

2 transit project;

3 $10,631,245 for Boston, Massachusetts, South

4 Boston Piers transitway project;

5 $1,000,000 for Boston, Massachusetts, Urban

6 ring transit project;

7 $4,000,000 for Kenosha-Racine, Milwaukee

8 Wisconsin, commuter rail extension project;

9 $23,000,000 for New Orleans, Louisiana, Canal

10 Street car line project;

11 $7,000,000 for New Orleans, Louisiana, Air12 port CBD commuter rail project;

13 $3,000,000 for Burlington, Vermont, Bur14 lington to Middlebury rail line project;

15 $1,000,000 for Detroit, Michigan, light rail air16 port link project;

17 $1,500,000 for Grand Rapids, Michigan, ITP

18 metro area, major corridor project;

19 $500,000 for Iowa, Metrolink light rail feasi20 bility project;

21 $6,000,000 for Fairfield, Connecticut, Com22 muter rail project;

23 $4,000,000 for Stamford, Connecticut, Urban

24 transitway project;
38

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1 $3,000,000 for Little Rock, Arkansas, River

2 rail project;

3 $14,000,000 for Maryland, MARC commuter

4 rail improvements projects;

5 $3,000,000 for Baltimore, Maryland rail transit

6 project;

7 $60,000,000 for Largo, Maryland, metrorail ex8 tension project;

9 $18,110,000 for Baltimore, Maryland, central

10 light rail transit double track project;

11 $24,500,000 for Puget Sound, Washington,

12 Sounder commuter rail project;

13 $30,000,000 for Fort Lauderdale, Florida, Tri14 County commuter rail project;

15 $8,000,000 for Pawtucket-TF Green, Rhode Is16 land, commuter rail and maintenance facility

17 project;

18 $1,500,000 for Johnson County, Kansas, com19 muter rail project;

20 $20,000,000 for Long Island Railroad, New

21 York, east side access project;

22 $3,000,000 for New York, New York, Second

23 Avenue subway project;

24 $4,000,000 for Birmingham, Alabama, transit

25 corridor project;
39

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1 $5,000,000 for Nashua, New Hampshire-Low2 ell, Massachusetts, commuter rail project;

3 $10,000,000 for Pittsburgh, Pennsylvania,

4 North Shore connector light rail extension project;

5 $16,000,000 for Philadelphia, Pennsylvania,

6 Schuykill Valley metro project;

7 $20,000,000 for Pittsburgh, Pennsylvania,

8 stage II light rail transit reconstruction project;

9 $2,500,000 for Scranton, Pennsylvania, rail

10 service to New York City project;

11 $2,500,000 for Wasilla, Alaska, alternate route

12 project;

13 $1,000,000 for Ohio, Central Ohio North Cor14 ridor rail (COTA) project;

15 $4,000,000 for Virginia, VRE station improve16 ments project;

17 $50,000,000 for Twin Cities, Minnesota, Hia18 watha Corridor light rail transit project;

19 $70,000,000 for Portland, Oregon, Interstate

20 MAX light rail transit extension project;

21 $50,149,000 for San Juan, Tren Urbano

22 project;

23 $10,296,000 for Alaska and Hawaii Ferry

24 projects.
40

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1 JOB ACCESS AND REVERSE COMMUTE GRANTS

2 Notwithstanding section 3037(l)(3) of Public Law

3 105–178, as amended, for necessary expenses to carry out

4 section 3037 of the Federal Transit Act of 1998,

5 $25,000,000, to remain available until expended: Pro6 vided, That no more than $125,000,000 of budget author7 ity shall be available for these purposes: Provided further,

8 That up to $250,000 of the funds provided under this

9 heading may be used by the Federal Transit Administra10 tion for technical assistance and support and performance

11 reviews of the Job Access and Reverse Commute Grants

12 program.

13 SAINT LAWRENCE SEAWAY DEVELOPMENT

14 CORPORATION

15 SAINT LAWRENCE SEAWAY DEVELOPMENT

16 CORPORATION

17 The Saint Lawrence Seaway Development Corpora18 tion is hereby authorized to make such expenditures, with19 in the limits of funds and borrowing authority available

20 to the Corporation, and in accord with law, and to make

21 such contracts and commitments without regard to fiscal

22 year limitations as provided by section 104 of the Govern23 ment Corporation Control Act, as amended, as may be

24 necessary in carrying out the programs set forth in the

25 Corporation’s budget for the current fiscal year.
41

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1 OPERATIONS AND MAINTENANCE

2 (HARBOR MAINTENANCE TRUST FUND)

3 For necessary expenses for operations and mainte4 nance of those portions of the Saint Lawrence Seaway op5 erated and maintained by the Saint Lawrence Seaway De6 velopment Corporation, $13,345,000, to be derived from

7 the Harbor Maintenance Trust Fund, pursuant to Public

8 Law 99–662.

9 RESEARCH AND SPECIAL PROGRAMS

10 ADMINISTRATION

11 RESEARCH AND SPECIAL PROGRAMS

12 For expenses necessary to discharge the functions of

13 the Research and Special Programs Administration,

14 $41,993,000, of which $645,000 shall be derived from the

15 Pipeline Safety Fund, and of which $5,434,000 shall re16 main available until September 30, 2004: Provided, That

17 up to $1,200,000 in fees collected under 49 U.S.C.

18 5108(g) shall be deposited in the general fund of the

19 Treasury as offsetting receipts: Provided further, That

20 there may be credited to this appropriation, to be available

21 until expended, funds received from States, counties, mu22 nicipalities, other public authorities, and private sources

23 for expenses incurred for training, for reports publication

24 and dissemination, and for travel expenses incurred in per-
42

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1 formance of hazardous materials exemptions and approv2 als functions.

3 PIPELINE SAFETY

4 (PIPELINE SAFETY FUND)

5 (OIL SPILL LIABILITY TRUST FUND)

6 For expenses necessary to conduct the functions of

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

8 a pipeline safety program, as authorized by 49 U.S.C.

9 60107, and to discharge the pipeline program responsibil10 ities of the Oil Pollution Act of 1990, $58,750,000, of

11 which $11,472,000 shall be derived from the Oil Spill Li12 ability Trust Fund and shall remain available until Sep13 tember 30, 2003; of which $47,278,000 shall be derived

14 from the Pipeline Safety Fund, of which $30,828,000

15 shall remain available until September 30, 2004.

16 EMERGENCY PREPAREDNESS GRANTS

17 (EMERGENCY PREPAREDNESS FUND)

18 For necessary expenses to carry out 49 U.S.C.

19 5127(c), $200,000, to be derived from the Emergency

20 Preparedness Fund, to remain available until September

21 30, 2004: Provided, That not more than $14,300,000 shall

22 be made available for obligation in fiscal year 2002 from

23 amounts made available by 49 U.S.C. 5116(i) and

24 5127(d): Provided further, That none of the funds made

25 available by 49 U.S.C. 5116(i) and 5127(d) shall be made
43

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1 available for obligation by individuals other than the Sec2 retary of Transportation, or his designee.

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of Inspector

6 General to carry out the provisions of the Inspector Gen7 eral Act of 1978, as amended, $50,614,000: Provided,

8 That the Inspector General shall have all necessary au9 thority, in carrying out the duties specified in the Inspec10 tor General Act, as amended (5 U.S.C. App. 3) to inves11 tigate allegations of fraud, including false statements to

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

13 that is subject to regulation by the Department: Provided

14 further, That the funds made available under this heading

15 shall be used to investigate, pursuant to section 41712 of

16 title 49, United States Code: (1) unfair or deceptive prac17 tices and unfair methods of competition by domestic and

18 foreign air carriers and ticket agents; and (2) the compli19 ance of domestic and foreign air carriers with respect to

20 item (1) of this proviso.

21 SURFACE TRANSPORTATION BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the Surface Transpor24 tation Board, including services authorized by 5 U.S.C.

25 3109, $18,457,000: Provided, That notwithstanding any
44

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1 other provision of law, not to exceed $950,000 from fees

2 established by the Chairman of the Surface Transpor3 tation Board shall be credited to this appropriation as off4 setting collections and used for necessary and authorized

5 expenses under this heading: Provided further, That the

6 sum herein appropriated from the general fund shall be

7 reduced on a dollar-for-dollar basis as such offsetting col8 lections are received during fiscal year 2002, to result in

9 a final appropriation from the general fund estimated at

10 no more than $17,507,000.

11 BUREAU OF TRANSPORTATION STATISTICS

12 OFFICE OF AIRLINE INFORMATION

13 (AIRPORT AND AIRWAY TRUST FUND)

14 For necessary expenses of the Office of Airline Infor15 mation, under chapter 111 of title 49, United States Code,

16 $3,760,000, to be derived from the Airport and Airway

17 Trust Fund as authorized by Section 103(b) of Public

18 Law 106–181.

19 TITLE II

20 RELATED AGENCIES

21 ARCHITECTURAL AND TRANSPORTATION

22 BARRIERS COMPLIANCE BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary for the Architectural and

25 Transportation Barriers Compliance Board, as authorized
45

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1 by section 502 of the Rehabilitation Act of 1973, as

2 amended, $5,015,000: Provided, That, notwithstanding

3 any other provision of law, there may be credited to this

4 appropriation funds received for publications and training

5 expenses.

6 NATIONAL TRANSPORTATION SAFETY BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the National Transpor9 tation Safety Board, including hire of passenger motor ve10 hicles and aircraft; services as authorized by 5 U.S.C.

11 3109, but at rates for individuals not to exceed the per

12 diem rate equivalent to the rate for a GS–15; uniforms,

13 or allowances therefor, as authorized by law (5 U.S.C.

14 5901–5902) $70,000,000, of which not to exceed $2,000

15 may be used for official reception and representation ex16 penses.

17 TITLE III—GENERAL PROVISIONS

18 (INCLUDING TRANSFERS OF FUNDS)

19 SEC. 301. During the current fiscal year applicable

20 appropriations to the Department of Transportation shall

21 be available for maintenance and operation of aircraft;

22 hire of passenger motor vehicles and aircraft; purchase of

23 liability insurance for motor vehicles operating in foreign

24 countries on official department business; and uniforms,
46

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1 or allowances therefore, as authorized by law (5 U.S.C.

2 5901–5902).

3 SEC. 302. Such sums as may be necessary for fiscal

4 year 2002 pay raises for programs funded in this Act shall

5 be absorbed within the levels appropriated in this Act or

6 previous appropriations Acts.

7 SEC. 303. Appropriations contained in this Act for

8 the Department of Transportation shall be available for

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

10 individuals not to exceed the per diem rate equivalent to

11 the rate for an Executive Level IV.

12 SEC. 304. None of the funds in this Act shall be avail13 able for salaries and expenses of more than 98 political

14 and Presidential appointees in the Department of Trans15 portation.

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

17 for the planning or execution of any program to pay the

18 expenses of, or otherwise compensate, non-Federal parties

19 intervening in regulatory or adjudicatory proceedings

20 funded in this Act.

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

22 shall remain available for obligation beyond the current

23 fiscal year, nor may any be transferred to other appropria24 tions, unless expressly so provided herein.
47

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1 SEC. 307. The expenditure of any appropriation

2 under this Act for any consulting service through procure3 ment contract pursuant to section 3109 of title 5, United

4 States Code, shall be limited to those contracts where such

5 expenditures are a matter of public record and available

6 for public inspection, except where otherwise provided

7 under existing law, or under existing Executive order

8 issued pursuant to existing law.

9 SEC. 308. (a) No recipient of funds made available

10 in this Act shall disseminate personal information (as de11 fined in 18 U.S.C. 2725(3)) obtained by a State depart12 ment of motor vehicles in connection with a motor vehicle

13 record as defined in 18 U.S.C. 2725(1), except as provided

14 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C.

15 2721.

16 (b) Notwithstanding subsection (a), the Secretary

17 shall not withhold funds provided in this Act for any

18 grantee if a State is in noncompliance with this provision.

19 SEC. 309. (a) For fiscal year 2002, the Secretary of

20 Transportation shall—

21 (1) not distribute from the obligation limitation

22 for Federal-aid Highways amounts authorized for

23 administrative expenses and programs funded from

24 the administrative takedown authorized by section

25 104(a)(1)(A) of title 23, United States Code, for the
48

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1 highway use tax evasion program, amounts provided

2 under section 110 of title 23, United States Code,

3 and for the Bureau of Transportation Statistics;

4 (2) not distribute an amount from the obliga5 tion limitation for Federal-aid Highways that is

6 equal to the unobligated balance of amounts made

7 available from the Highway Trust Fund (other than

8 the Mass Transit Account) for Federal-aid highways

9 and highway safety programs for the previous fiscal

10 year the funds for which are allocated by the Sec11 retary;

12 (3) determine the ratio that—

13 (A) the obligation limitation for Federal14 aid Highways less the aggregate of amounts not

15 distributed under paragraphs (1) and (2), bears

16 to

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

18 appropriated for Federal-aid highways and

19 highway safety construction programs (other

20 than sums authorized to be appropriated for

21 sections set forth in paragraphs (1) through (7)

22 of subsection (b) and sums authorized to be ap23 propriated for section 105 of title 23, United

24 States Code, equal to the amount referred to in

25 subsection (b)(8)) for such fiscal year less the
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1 aggregate of the amounts not distributed under

2 paragraph (1) of this subsection;

3 (4) distribute the obligation limitation for Fed4 eral-aid Highways less the aggregate amounts not

5 distributed under paragraphs (1) and (2) of section

6 117 of title 23, United States Code (relating to high

7 priority projects program), section 201 of the Appa8 lachian Regional Development Act of 1965, the

9 Woodrow Wilson Memorial Bridge Authority Act of

10 1995, and $2,000,000,000 for such fiscal year under

11 section 105 of title 23, United States Code (relating

12 to minimum guarantee) so that the amount of obli13 gation authority available for each of such sections

14 is equal to the amount determined by multiplying

15 the ratio determined under paragraph (3) by the

16 sums authorized to be appropriated for such section

17 (except in the case of section 105, $2,000,000,000)

18 for such fiscal year;

19 (5) distribute the obligation limitation provided

20 for Federal-aid Highways less the aggregate

21 amounts not distributed under paragraphs (1) and

22 (2) and amounts distributed under paragraph (4)

23 for each of the programs that are allocated by the

24 Secretary under title 23, United States Code (other

25 than activities to which paragraph (1) applies and
50

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1 programs to which paragraph (4) applies) by multi2 plying the ratio determined under paragraph (3) by

3 the sums authorized to be appropriated for such pro4 gram for such fiscal year; and

5 (6) distribute the obligation limitation provided

6 for Federal-aid Highways less the aggregate

7 amounts not distributed under paragraphs (1) and

8 (2) and amounts distributed under paragraphs (4)

9 and (5) for Federal-aid highways and highway safety

10 construction programs (other than the minimum

11 guarantee program, but only to the extent that

12 amounts apportioned for the minimum guarantee

13 program for such fiscal year exceed $2,639,000,000,

14 and the Appalachian development highway system

15 program) that are apportioned by the Secretary

16 under title 23, United States Code, in the ratio

17 that—

18 (A) sums authorized to be appropriated for

19 such programs that are apportioned to each

20 State for such fiscal year, bear to

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

22 appropriated for such programs that are appor23 tioned to all States for such fiscal year.

24 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.—

25 The obligation limitation for Federal-aid Highways shall
51

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1 not apply to obligations: (1) under section 125 of title 23,

2 United States Code; (2) under section 147 of the Surface

3 Transportation Assistance Act of 1978; (3) under section

4 9 of the Federal-Aid Highway Act of 1981; (4) under sec5 tions 131(b) and 131( j) of the Surface Transportation As6 sistance Act of 1982; (5) under sections 149(b) and

7 149(c) of the Surface Transportation and Uniform Relo8 cation Assistance Act of 1987; (6) under sections 1103

9 through 1108 of the Intermodal Surface Transportation

10 Efficiency Act of 1991; (7) under section 157 of title 23,

11 United States Code, as in effect on the day before the date

12 of the enactment of the Transportation Equity Act for the

13 21st Century; and (8) under section 105 of title 23,

14 United States Code (but, only in an amount equal to

15 $639,000,000 for such fiscal year).

16 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU17 THORITY.—Notwithstanding subsection (a), the Secretary

18 shall after August 1 for such fiscal year revise a distribu19 tion of the obligation limitation made available under sub20 section (a) if a State will not obligate the amount distrib21 uted during that fiscal year and redistribute sufficient

22 amounts to those States able to obligate amounts in addi23 tion to those previously distributed during that fiscal year

24 giving priority to those States having large unobligated

25 balances of funds apportioned under sections 104 and 144
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1 of title 23, United States Code, section 160 (as in effect

2 on the day before the enactment of the Transportation Eq3 uity Act for the 21st Century) of title 23, United States

4 Code, and under section 1015 of the Intermodal Surface

5 Transportation Act of 1991 (105 Stat. 1943–1945).

6 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

7 TRANSPORTATION RESEARCH PROGRAMS.—The obliga8 tion limitation shall apply to transportation research pro9 grams carried out under chapter 5 of title 23, United

10 States Code, except that obligation authority made avail11 able for such programs under such limitation shall remain

12 available for a period of 3 fiscal years.

13 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

14 FUNDS.—Not later than 30 days after the date of the dis15 tribution of obligation limitation under subsection (a), the

16 Secretary shall distribute to the States any funds: (1) that

17 are authorized to be appropriated for such fiscal year for

18 Federal-aid highways programs (other than the program

19 under section 160 of title 23, United States Code) and

20 for carrying out subchapter I of chapter 311 of title 49,

21 United States Code, and highway-related programs under

22 chapter 4 of title 23, United States Code; and (2) that

23 the Secretary determines will not be allocated to the

24 States, and will not be available for obligation, in such

25 fiscal year due to the imposition of any obligation limita-
53

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1 tion for such fiscal year. Such distribution to the States

2 shall be made in the same ratio as the distribution of obli3 gation authority under subsection (a)(6). The funds so

4 distributed shall be available for any purposes described

5 in section 133(b) of title 23, United States Code.

6 (f) SPECIAL RULE.—Obligation limitation distributed

7 for a fiscal year under subsection (a)(4) of this section

8 for a section set forth in subsection (a)(4) shall remain

9 available until used and shall be in addition to the amount

10 of any limitation imposed on obligations for Federal-aid

11 highway and highway safety construction programs for fu12 ture fiscal years.

13 SEC. 310. The limitations on obligations for the pro14 grams of the Federal Transit Administration shall not

15 apply to any authority under 49 U.S.C. 5338, previously

16 made available for obligation, or to any other authority

17 previously made available for obligation.

18 SEC. 311. None of the funds in this Act shall be used

19 to implement section 404 of title 23, United States Code.

20 SEC. 312. None of the funds in this Act shall be avail21 able to plan, finalize, or implement regulations that would

22 establish a vessel traffic safety fairway less than five miles

23 wide between the Santa Barbara Traffic Separation

24 Scheme and the San Francisco Traffic Separation

25 Scheme.
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1 SEC. 313. Notwithstanding any other provision of

2 law, airports may transfer, without consideration, to the

3 Federal Aviation Administration (FAA) instrument land4 ing systems (along with associated approach lighting

5 equipment and runway visual range equipment) which

6 conform to FAA design and performance specifications,

7 the purchase of which was assisted by a Federal airport8 aid program, airport development aid program or airport

9 improvement program grant. The Federal Aviation Ad10 ministration shall accept such equipment, which shall

11 thereafter be operated and maintained by FAA in accord12 ance with agency criteria.

13 SEC. 314. Notwithstanding any other provision of

14 law, and except for fixed guideway modernization projects,

15 funds made available by this Act under ‘‘Federal Transit

16 Administration, Capital investment grants’’ for projects

17 specified in this Act or identified in reports accompanying

18 this Act not obligated by September 30, 2004, and other

19 recoveries, shall be made available for other projects under

20 49 U.S.C. 5309.

21 SEC. 315. The Secretary of Transportation shall, in

22 cooperation with the Federal Aviation Administrator, en23 courage a locally developed and executed plan between the

24 State of Illinois, the City of Chicago, and affected commu25 nities for the purpose of modernizing O’Hare Inter-
55

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1 national Airport, addressing traffic congestion along the

2 Northwest Corridor including western airport access, and

3 moving forward with a third Chicago-area airport. If such

4 a plan cannot be developed and executed by said parties,

5 the Secretary and the Administrator shall work with Con6 gress to enact a federal solution to address the aviation

7 capacity crisis in the Chicago area.

8 SEC. 316. Notwithstanding any other provision of

9 law, any funds appropriated before October 1, 2001, under

10 any section of chapter 53 of title 49, United States Code,

11 that remain available for expenditure may be transferred

12 to and administered under the most recent appropriation

13 heading for any such section.

14 SEC. 317. None of the funds in this Act may be used

15 to compensate in excess of 335 technical staff-years under

16 the federally funded research and development center con17 tract between the Federal Aviation Administration and the

18 Center for Advanced Aviation Systems Development dur19 ing fiscal year 2002.

20 SEC. 318. Funds received by the Federal Highway

21 Administration, Federal Transit Administration, and Fed22 eral Railroad Administration from States, counties, mu23 nicipalities, other public authorities, and private sources

24 for expenses incurred for training may be credited respec25 tively to the Federal Highway Administration’s ‘‘Federal-
56

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1 Aid Highways’’ account, the Federal Transit Administra2 tion’s ‘‘Transit Planning and Research’’ account, and to

3 the Federal Railroad Administration’s ‘‘Safety and Oper4 ations’’ account, except for State rail safety inspectors

5 participating in training pursuant to 49 U.S.C. 20105.

6 SEC. 319. Effective on the date of enactment of this

7 Act, of the funds made available under section

8 1101(a)(12) of Public Law 105–178, as amended,

9 $9,231,000 are rescinded.

10 SEC. 320. Beginning in fiscal year 2002 and there11 after, the Secretary may use up to 1 percent of the

12 amounts made available to carry out 49 U.S.C. 5309 for

13 oversight activities under 49 U.S.C. 5327.

14 SEC. 321. Funds made available for Alaska or Hawaii

15 ferry boats or ferry terminal facilities pursuant to 49

16 U.S.C. 5309(m)(2)(B) may be used to construct new ves17 sels and facilities, or to improve existing vessels and facili18 ties, including both the passenger and vehicle-related ele19 ments of such vessels and facilities, and for repair facili20 ties: Provided, That not more than $3,000,000 of the

21 funds made available pursuant to 49 U.S.C.

22 5309(m)(2)(B) may be used by the State of Hawaii to

23 initiate and operate a passenger ferryboat services dem24 onstration project to test the viability of different intra25 island and inter-island ferry routes.
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1 SEC. 322. Notwithstanding 31 U.S.C. 3302, funds re2 ceived by the Bureau of Transportation Statistics from the

3 sale of data products, for necessary expenses incurred pur4 suant to 49 U.S.C. 111 may be credited to the Federal5 aid highways account for the purpose of reimbursing the

6 Bureau for such expenses: Provided, That such funds shall

7 be subject to the obligation limitation for Federal-aid

8 highways and highway safety construction.

9 SEC. 323. Section 3030(a) of the Transportation Eq10 uity Act for the 21st Century (Public Law 105–178) is

11 amended by adding at the end, the following line: ‘‘Wash12 ington County—Wilsonville to Beaverton commuter rail.’’.

13 SEC. 324. Section 3030(b) of the Transportation Eq14 uity Act for the 21st Century (Public Law 105–178) is

15 amended by adding at the end the following: ‘‘Detroit,

16 Michigan Metropolitan Airport rail project.’’.

17 SEC. 325. None of the funds in this Act may be obli18 gated or expended for employee training which: (a) does

19 not meet identified needs for knowledge, skills and abilities

20 bearing directly upon the performance of official duties;

21 (b) contains elements likely to induce high levels of emo22 tional response or psychological stress in some partici23 pants; (c) does not require prior employee notification of

24 the content and methods to be used in the training and

25 written end of course evaluations; (d) contains any meth-
58

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1 ods or content associated with religious or quasi-religious

2 belief systems or ‘‘new age’’ belief systems as defined in

3 Equal Employment Opportunity Commission Notice N–

4 915.022, dated September 2, 1988; (e) is offensive to, or

5 designed to change, participants’ personal values or life6 style outside the workplace; or (f) includes content related

7 to human immunodeficiency virus/acquired immune defi8 ciency syndrome (HIV/AIDS) other than that necessary

9 to make employees more aware of the medical ramifica10 tions of HIV/AIDS and the workplace rights of HIV-posi11 tive employees.

12 SEC. 326. None of the funds in this Act shall, in the

13 absence of express authorization by Congress, be used di14 rectly or indirectly to pay for any personal service, adver15 tisement, telegraph, telephone, letter, printed or written

16 material, radio, television, video presentation, electronic

17 communications, or other device, intended or designed to

18 influence in any manner a Member of Congress or of a

19 State legislature to favor or oppose by vote or otherwise,

20 any legislation or appropriation by Congress or a State

21 legislature after the introduction of any bill or resolution

22 in Congress proposing such legislation or appropriation,

23 or after the introduction of any bill or resolution in a State

24 legislature proposing such legislation or appropriation:

25 Provided, That this shall not prevent officers or employees
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1 of the Department of Transportation or related agencies

2 funded in this Act from communicating to Members of

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

4 or to members of State legislature, or to a State legisla5 ture, through the proper official channels, requests for leg6 islation or appropriations which they deem necessary for

7 the efficient conduct of business.

8 SEC. 327. (a) IN GENERAL.—None of the funds

9 made available in this Act may be expended by an entity

10 unless the entity agrees that in expending the funds the

11 entity will comply with the Buy American Act (41 U.S.C.

12 10a–10c).

13 (b) SENSE OF THE CONGRESS; REQUIREMENT RE14 GARDING NOTICE.—

15 (1) PURCHASE OF AMERICAN-MADE EQUIPMENT

16 AND PRODUCTS.—In the case of any equipment or

17 product that may be authorized to be purchased

18 with financial assistance provided using funds made

19 available in this Act, it is the sense of the Congress

20 that entities receiving the assistance should, in ex21 pending the assistance, purchase only American22 made equipment and products to the greatest extent

23 practicable.

24 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

25 In providing financial assistance using funds made
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1 available in this Act, the head of each Federal agen2 cy shall provide to each recipient of the assistance

3 a notice describing the statement made in paragraph

4 (1) by the Congress.

5 (c) PROHIBITION OF CONTRACTS WITH PERSONS

6 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

7 If it has been finally determined by a court or Federal

8 agency that any person intentionally affixed a label bear9 ing a ‘‘Made in America’’ inscription, or any inscription

10 with the same meaning, to any product sold in or shipped

11 to the United States that is not made in the United

12 States, the person shall be ineligible to receive any con13 tract or subcontract made with funds made available in

14 this Act, pursuant to the debarment, suspension, and ineli15 gibility procedures described in sections 9.400 through

16 9.409 of title 48, Code of Federal Regulations.

17 SEC. 328. Notwithstanding any other provision of

18 law, the Commandant of the United States Coast Guard

19 shall maintain an onboard staffing level at the Coast

20 Guard Yard in Curtis Bay, Maryland of not less than 530

21 full time equivalent civilian employees: Provided, That the

22 Commandant may reconfigure his vessel maintenance

23 schedule and new construction projects to maximize em24 ployment at the Coast Guard Yard.
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1 SEC. 329. Rebates, refunds, incentive payments,

2 minor fees and other funds received by the Department

3 from travel management centers, charge card programs,

4 the subleasing of building space, and miscellaneous

5 sources are to be credited to appropriations of the Depart6 ment and allocated to elements of the Department using

7 fair and equitable criteria and such funds shall be avail8 able until December 31, 2002.

9 SEC. 330. For necessary expenses of the Amtrak Re10 form Council authorized under section 203 of Public Law

11 105–134, $420,000, to remain available until September

12 30, 2003.

13 SEC. 331. In addition to amounts otherwise made

14 available under this Act, to enable the Secretary of Trans15 portation to make grants for surface transportation

16 projects, $20,000,000, to remain available until expended.

17 SEC. 332. Section 648 of title 14, United States

18 Code, is amended by striking the words ‘‘or such similar

19 Coast Guard industrial establishments’’; and inserting

20 after the words ‘‘Coast Guard Yard’’: ‘‘and other Coast

21 Guard specialized facilities’’. This paragraph is now la22 beled ‘‘(a)’’ and a new paragraph ‘‘(b)’’ is added to read

23 as follows:

24 ‘‘(b) For providing support to the Department of De25 fense, the Coast Guard Yard and other Coast Guard spe-
62

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1 cialized facilities designated by the Commandant shall

2 qualify as components of the Department of Defense for

3 competition and workload assignment purposes. In addi4 tion, for purposes of entering into joint public-private

5 partnerships and other cooperative arrangements for the

6 performance of work, the Coast Guard Yard and other

7 Coast Guard specialized facilities may enter into agree8 ments or other arrangements, receive and retain funds

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

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

11 and the use of facilities from such entities. Amounts re12 ceived under this subsection may be credited to appro13 priate Coast Guard accounts for fiscal year 2002 and for

14 each fiscal year thereafter.’’.

15 SEC. 333. None of the funds in this Act may be used

16 to make a grant unless the Secretary of Transportation

17 notifies the House and Senate Committees on Appropria18 tions not less than three full business days before any dis19 cretionary grant award, letter of intent, or full funding

20 grant agreement totaling $1,000,000 or more is an21 nounced by the department or its modal administrations

22 from: (1) any discretionary grant program of the Federal

23 Highway Administration other than the emergency relief

24 program; (2) the airport improvement program of the

25 Federal Aviation Administration; or (3) any program of
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1 the Federal Transit Administration other than the for2 mula grants and fixed guideway modernization programs:

3 Provided, That no notification shall involve funds that are

4 not available for obligation.

5 SEC. 334. INCREASE IN MOTOR CARRIER FUNDING.

6 (a) IN GENERAL.—Notwithstanding any other provision

7 of law, whenever an allocation is made of the sums author8 ized to be appropriated for expenditure on the Federal

9 lands highway program, and whenever an apportionment

10 is made of the sums authorized to be appropriated for ex11 penditure on the surface transportation program, the con12 gestion mitigation and air quality improvement program,

13 the National Highway System, the Interstate maintenance

14 program, the bridge program, the Appalachian develop15 ment highway system, and the minimum guarantee pro16 gram, the Secretary of Transportation shall deduct a sum

17 in such amount not to exceed two-fifths of 1 percent of

18 all sums so made available, as the Secretary determines

19 necessary, to administer the provisions of law to be fi20 nanced from appropriations for motor carrier safety pro21 grams and motor carrier safety research. The sum so de22 ducted shall remain available until expended.

23 (b) EFFECT.—Any deduction by the Secretary of

24 Transportation in accordance with this paragraph shall be
64

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1 deemed to be a deduction under section 104(a)(1)(B) of

2 title 23, United States Code.

3 SEC. 335. For an airport project that the Adminis4 trator of the Federal Aviation Administration (FAA) de5 termines will add critical airport capacity to the national

6 air transportation system, the Administrator is authorized

7 to accept funds from an airport sponsor, including entitle8 ment funds provided under the ‘‘Grants-in-Aid for Air9 ports’’ program, for the FAA to hire additional staff or

10 obtain the services of consultants: Provided, That the Ad11 ministrator is authorized to accept and utilize such funds

12 only for the purpose of facilitating the timely processing,

13 review, and completion of environmental activities associ14 ated with such project.

15 SEC. 336. None of the funds made available in this

16 Act may be used to further any efforts toward developing

17 a new regional airport for southeast Louisiana until a

18 comprehensive plan is submitted by a commission of stake19 holders to the Administrator of the Federal Aviation Ad20 ministration and that plan, as approved by the Adminis21 trator, is submitted to and approved by the Senate Com22 mittee on Appropriations and the House Committee on

23 Appropriations.

24 SEC. 337. Section 8335(a) of title 5, United States

25 Code, is amended by inserting the following before the pe-
65

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1 riod in the first sentence: ‘‘if the controller qualifies for

2 an immediate annuity at that time. If not eligible for an

3 immediate annuity upon reaching age 56, the controller

4 may work until the last day of the month in which the

5 controller becomes eligible for a retirement annuity unless

6 the Secretary determines that such action would com7 promise safety’’.

8 SEC. 338. Notwithstanding any other provision of

9 law, States may use funds provided in this Act under Sec10 tion 402 of Title 23, United States Code, to produce and

11 place highway safety public service messages in television,

12 radio, cinema and print media, and on the Internet in ac13 cordance with guidance issued by the Secretary of Trans14 portation: Provided, That any State that uses funds for

15 such public service messages shall submit to the Secretary

16 a report describing and assessing the effectiveness of the

17 messages: Provided further, That $15,000,000 designated

18 for innovative grant funds under Section 157 of Title 23,

19 United States Code shall be used for national television

20 and radio advertising to support the national law enforce21 ment mobilizations conducted in all 50 states, aimed at

22 increasing safety belt and child safety seat use and con23 trolling drunk driving.
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1 SEC. 339. Section 1023(h) of the Intermodal Surface

2 Transportation Efficiency Act of 1991 (23 U.S.C. 127

3 note) is amended—

4 (1) in the subsection heading, by inserting

5 ‘‘OVER-THE-ROAD BUSES AND’’ before ‘‘PUBLIC’’;

6 (2) in paragraph (1), by striking ‘‘to any vehi7 cle which’’ and inserting the following: ‘‘to—

8 ‘‘(A) any over-the-road bus; or

9 ‘‘(B) any vehicle that’’; and

10 (3) by striking paragraphs (2) and (3) and in11 serting the following:

12 ‘‘(2) STUDY AND REPORT CONCERNING APPLI13 CABILITY OF MAXIMUM AXLE WEIGHT LIMITATIONS

14 TO OVER-THE-ROAD BUSES AND PUBLIC TRANSIT

15 VEHICLES.—

16 ‘‘(A) STUDY AND REPORT.—Not later than

17 July 31, 2003, the Secretary shall conduct a

18 study of, and submit to Congress a report on,

19 the maximum axle weight limitations applicable

20 to vehicles using the Dwight D. Eisenhower Na21 tional System of Interstate and Defense High22 ways established under section 127 of title 23,

23 United States Code, or under State law, as the

24 limitations apply to over-the-road buses and

25 public transit vehicles.
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1 ‘‘(B) DETERMINATION OF APPLICABILITY

2 OF VEHICLE WEIGHT LIMITATIONS.—

3 ‘‘(i) IN GENERAL.—The report shall

4 include—

5 ‘‘(I) a determination concerning

6 how the requirements of section 127

7 of that title should be applied to over8 the-road buses and public transit vehi9 cles; and

10 ‘‘(II) short-term and long-term

11 recommendations concerning the ap12 plicability of those requirements.

13 ‘‘(ii) CONSIDERATIONS.—In making

14 the determination described in clause

15 (i)(I), the Secretary shall consider—

16 ‘‘(I) vehicle design standards;

17 ‘‘(II) statutory and regulatory re18 quirements, including—

19 ‘‘(aa) the Clean Air Act (42

20 U.S.C. 7401 et seq.);

21 ‘‘(bb) the Americans with

22 Disabilities Act of 1990 (42

23 U.S.C. 12101 et seq.); and

24 ‘‘(cc) motor vehicle safety

25 standards prescribed under chap-
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1 ter 301 of title 49, United States

2 Code; and

3 ‘‘(III)(aa) the availability of

4 lightweight materials suitable for use

5 in the manufacture of over-the-road

6 buses;

7 ‘‘(bb) the cost of those light8 weight materials relative to the cost of

9 heavier materials in use as of the date

10 of the determination; and

11 ‘‘(cc) any safety or design consid12 erations relating to the use of those

13 materials.

14 ‘‘(C) ANALYSIS OF MEANS OF ENCOUR15 AGING DEVELOPMENT AND MANUFACTURE OF

16 LIGHTWEIGHT BUSES.—The report shall include

17 an analysis of, and recommendations con18 cerning, means to be considered to encourage

19 the development and manufacture of light20 weight buses, including an analysis of—

21 ‘‘(i) potential procurement incentives

22 for public transit authorities to encourage

23 the purchase of lightweight public transit

24 vehicles using grants from the Federal

25 Transit Administration; and
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1 ‘‘(ii) potential tax incentives for man2 ufacturers and private operators to encour3 age the purchase of lightweight over-the4 road buses.

5 ‘‘(D) ANALYSIS OF CONSIDERATION IN

6 RULEMAKINGS OF ADDITIONAL VEHICLE

7 WEIGHT.—The report shall include an analysis

8 of, and recommendations concerning, whether

9 Congress should require that each rulemaking

10 by an agency of the Federal Government that

11 affects the design or manufacture of motor ve12 hicles consider—

13 ‘‘(i) the weight that would be added to

14 the vehicle by implementation of the pro15 posed rule;

16 ‘‘(ii) the effect that the added weight

17 would have on pavement wear; and

18 ‘‘(iii) the resulting cost to the Federal

19 Government and State and local govern20 ments.

21 ‘‘(E) COST-BENEFIT ANALYSIS.—The re22 port shall include an analysis relating to the

23 axle weight of over-the-road buses that

24 compares—
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1 ‘‘(i) the costs of the pavement wear

2 caused by over-the-road buses; with

3 ‘‘(ii) the benefits of the over-the-road

4 bus industry to the environment, the econ5 omy, and the transportation system of the

6 United States.

7 ‘‘(3) DEFINITIONS.—In this subsection:

8 ‘‘(A) OVER-THE-ROAD BUS.—The term

9 ‘over-the-road bus’ has the meaning given the

10 term in section 301 of the Americans with Dis11 abilities Act of 1990 (42 U.S.C. 12181).

12 ‘‘(B) PUBLIC TRANSIT VEHICLE.—The

13 term ‘public transit vehicle’ means a vehicle de14 scribed in paragraph (1)(B).’’.

15 SEC. 340. None of the funds in this Act shall be used

16 to pursue or adopt guidelines or regulations requiring air17 port sponsors to provide to the Federal Aviation Adminis18 tration without cost building construction, maintenance,

19 utilities and expenses, or space in airport sponsor-owned

20 buildings for services relating to air traffic control, air

21 navigation or weather reporting. The prohibition of funds

22 in this section does not apply to negotiations between the

23 Agency and airport sponsors to achieve agreement on

24 ‘‘below-market’’ rates for these items or to grant assur-
71

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1 ances that require airport sponsors to provide land without

2 cost to the FAA for air traffic control facilities.

3 SEC. 341. None of the funds provided in this Act or

4 prior Appropriations Acts for Coast Guard ‘‘Acquisition,

5 construction, and improvements’’ shall be available after

6 the fifteenth day of any quarter of any fiscal year, unless

7 the Commandant of the Coast Guard first submits a quar8 terly report to the House and Senate Committees on Ap9 propriations on all major Coast Guard acquisition projects

10 including projects executed for the Coast Guard by the

11 United States Navy and vessel traffic service projects:

12 Provided, That such reports shall include an acquisition

13 schedule, estimated current and year funding require14 ments, and a schedule of anticipated obligations and out15 lays for each major acquisition project: Provided further,

16 That such reports shall rate on a relative scale the cost

17 risk, schedule risk, and technical risk associated with each

18 acquisition project and include a table detailing unobli19 gated balances to date and anticipated unobligated bal20 ances at the close of the fiscal year and the close of the

21 following fiscal year should the Administration’s pending

22 budget request for the acquisition, construction, and im23 provements account be fully funded: Provided further,

24 That such reports shall also provide abbreviated informa25 tion on the status of shore facility construction and ren-
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1 ovation projects: Provided further, That all information

2 submitted in such reports shall be current as of the last

3 day of the preceding quarter.

4 SEC. 342. Funds provided in this Act for the Trans5 portation Administrative Service Center (TASC) shall be

6 reduced by $37,000,000, which limits fiscal year 2002

7 TASC obligational authority for elements of the Depart8 ment of Transportation funded in this Act to no more

9 than $88,323,000: Provided, That such reductions from

10 the budget request shall be allocated by the Department

11 of Transportation to each appropriations account in pro12 portion to the amount included in each account for the

13 Transportation Administrative Service Center.

14 SEC. 343. SAFETY OF CROSS-BORDER TRUCKING

15 BETWEEN UNITED STATES AND MEXICO. No funds lim16 ited or appropriated in this Act may be obligated or ex17 pended for the review or processing of an application by

18 a Mexican motor carrier for authority to operate beyond

19 United States municipalities and commercial zones on the

20 United States-Mexico border until—

21 (1) the Federal Motor Carrier Safety

22 Administration—

23 (A) performs a full safety compliance re24 view of the carrier consistent with the safety fit25 ness evaluation procedures set forth in part 385
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1 of title 49, Code of Federal Regulations, and

2 gives the carrier a satisfactory rating before

3 granting conditional and, again, before granting

4 permanent authority to any such carrier;

5 (B) requires that any such safety compli6 ance review take place onsite at the Mexican

7 motor carrier’s facilities;

8 (C) requires Federal and State inspectors

9 to verify electronically the status and validity of

10 the license of each driver of a Mexican motor

11 carrier commercial vehicle crossing the border;

12 (D) gives a distinctive Department of

13 Transportation number to each Mexican motor

14 carrier operating beyond the commercial zone to

15 assist inspectors in enforcing motor carrier

16 safety regulations including hours-of-service

17 rules under part 395 of title 49, Code of Fed18 eral Regulations;

19 (E) requires State inspectors whose oper20 ations are funded in part or in whole by Fed21 eral funds to check for violations of Federal

22 motor carrier safety laws and regulations, in23 cluding those pertaining to operating authority

24 and insurance;
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1 (F) requires State inspectors who detect

2 violations of Federal motor carrier safety laws

3 or regulations to enforce them or notify Federal

4 authorities of such violations;

5 (G) equips all United States-Mexico border

6 crossings with Weigh-In-Motion (WIM) systems

7 as well as fixed scales suitable for enforcement

8 action and requires that inspectors verify by ei9 ther means the weight of each commercial vehi10 cle entering the United States at such a cross11 ing;

12 (H) the Federal Motor Carrier Safety Ad13 ministration has implemented a policy to ensure

14 that no Mexican motor carrier will be granted

15 authority to operate beyond United States mu16 nicipalities and commercial zones on the United

17 States-Mexico border unless that carrier pro18 vides proof of valid insurance with an insurance

19 company licensed and based in the United

20 States; and

21 (I) publishes in final form regulations—

22 (i) under section 210(b) of the Motor

23 Carrier Safety Improvement Act of 1999

24 (49 U.S.C. 31144 nt.) that establish min25 imum requirements for motor carriers, in-
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1 cluding foreign motor carriers, to ensure

2 they are knowledgeable about Federal safe3 ty standards, that include the administra4 tion of a proficiency examination;

5 (ii) under section 31148 of title 49,

6 United States Code, that implement meas7 ures to improve training and provide for

8 the certification of motor carrier safety

9 auditors;

10 (iii) under sections 218(a) and (b) of

11 that Act (49 U.S.C. 31133 nt.) estab12 lishing standards for the determination of

13 the appropriate number of Federal and

14 State motor carrier inspectors for the

15 United States-Mexico border;

16 (iv) under section 219(d) of that Act

17 (49 U.S.C. 14901 nt.) that prohibit foreign

18 motor carriers from leasing vehicles to an19 other carrier to transport products to the

20 United States while the lessor is subject to

21 a suspension, restriction, or limitation on

22 its right to operate in the United States;

23 (v) under section 219(a) of that Act

24 (49 U.S.C. 14901 nt.) that prohibit foreign

25 motor carriers from operating in the
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1 United States that is found to have oper2 ated illegally in the United States; and

3 (vi) under which a commercial vehicle

4 operated by a Mexican motor carrier may

5 not enter the United States at a border

6 crossing unless an inspector is on duty;

7 and

8 (2) the Department of Transportation Inspector

9 General certifies in writing that—

10 (A) all new inspector positions funded

11 under this Act have been filled and the inspec12 tors have been fully trained;

13 (B) each inspector conducting on-site safe14 ty compliance reviews in Mexico consistent with

15 the safety fitness evaluation procedures set

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

17 Regulations, is fully trained as a safety spe18 cialist;

19 (C) the requirement of subparagraph (B)

20 has not been met by transferring experienced

21 inspectors from other parts of the United

22 States to the United States-Mexico border, un23 dermining the level of inspection coverage and

24 safety elsewhere in the United States;
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1 (D) the Federal Motor Carrier Safety Ad2 ministration has implemented a policy to ensure

3 compliance with hours-of-service rules under

4 part 395 of title 49, Code of Federal Regula5 tions, by Mexican motor carriers seeking au6 thority to operate beyond United States munici7 palities and commercial zones on the United

8 States-Mexico border;

9 (E) the information infrastructure of the

10 Mexican government is sufficiently accurate, ac11 cessible, and integrated with that of U.S. law

12 enforcement authorities to allow U.S. authori13 ties to verify the status and validity of licenses,

14 vehicle registrations, operating authority and

15 insurance of Mexican motor carriers while oper16 ating in the United States, and that adequate

17 telecommunications links exist at all United

18 States-Mexico border crossings used by Mexican

19 motor carrier commercial vehicles, and in all

20 mobile enforcement units operating adjacent to

21 the border, to ensure that licenses, vehicle reg22 istrations, operating authority and insurance in23 formation can be easily and quickly verified at

24 border crossings or by mobile enforcement

25 units;
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1 (F) there is adequate capacity at each

2 United States-Mexico border crossing used by

3 Mexican motor carrier commercial vehicles to

4 conduct a sufficient number of meaningful vehi5 cle safety inspections and to accommodate vehi6 cles placed out-of-service as a result of said in7 spections;

8 (G) there is an accessible database con9 taining sufficiently comprehensive data to allow

10 safety monitoring of all Mexican motor carriers

11 that apply for authority to operate commercial

12 vehicles beyond United States municipalities

13 and commercial zones on the United States14 Mexico border and the drivers of those vehicles;

15 and

16 (H) measures are in place in Mexico, simi17 lar to those in place in the United States, to en18 sure the effective enforcement and monitoring

19 of license revocation and licensing procedures.

20 For purposes of this section, the term ‘‘Mexican

21 motor carrier’’ shall be defined as a Mexico-domiciled

22 motor carrier operating beyond United States municipali23 ties and commercial zones on the United States-Mexico

24 border.
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1 SEC. 344. Notwithstanding any other provision of

2 law, for the purpose of calculating the non-federal con3 tribution to the net project cost of the Regional Transpor4 tation Commission Resort Corridor Fixed Guideway

5 Project in Clark County, Nevada, the Secretary of Trans6 portation shall include all non-federal contributions

7 (whether public or private) made on or after January 1,

8 2000 for engineering, final design, and construction of any

9 element or phase of the project, including any fixed guide10 way project or segment connecting to that project, and

11 also shall allow non-federal funds (whether public or pri12 vate) expended on one element or phase of the project to

13 be used to meet the non-federal share requirement of any

14 element or phase of the project.

15 SEC. 345. Item 1348 of the table contained in section

16 1602 of the Transportation Equity Act for the 21st Cen17 tury (112 Stat. 306) is amended by striking ‘‘Extend West

18 Douglas Road’’ and inserting ‘‘Second Douglas Island

19 Crossing’’.

20 SEC. 346. Item 642 in the table contained in section

21 1602 of the Transportation Equity Act for the 21st Cen22 tury (112 Stat. 281), relating to Washington, is amended

23 by striking ‘‘Construct passenger ferry facility to serve

24 Southworth, Seattle’’ and inserting ‘‘Passenger only ferry

25 to serve Kitsap County-Seattle’’.
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1 Item 1793 in section 1602 of the Transportation Eq2 uity Act for the 21st Century (112 Stat. 322), relating

3 to Washington, is amended by striking ‘‘Southworth Se4 attle Ferry’’ and inserting ‘‘Passenger only ferry to serve

5 Kitsap County-Seattle’’.

6 SEC. 347. Notwithstanding any other provision of

7 law, historic covered bridges eligible for Federal assistance

8 under section 1224 of the Transportation Equity Act for

9 the 21st Century, as amended, may be funded from

10 amounts set aside for the discretionary bridge program.

11 SEC. 348. (a) Item 143 in the table under the head12 ing ‘‘Capital Investment Grants’’ in title I of the Depart13 ment of Transportation and Related Agencies Appropria14 tions Act, 1999 (Public Law 105–277; 112 Stat. 2681–

15 456) is amended by striking ‘‘Northern New Mexico park

16 and ride facilities’’ and inserting ‘‘Northern New Mexico

17 park and ride facilities and State of New Mexico, Buses

18 and Bus-Related Facilities’’.

19 (b) Item 167 in the table under the heading ‘‘Capital

20 Investment Grants’’ in title I of the Department of Trans21 portation and Related Agencies Appropriations Act, 2000

22 (Public Law 106–69; 113 Stat. 1006) is amended by strik23 ing ‘‘Northern New Mexico Transit Express/Park and

24 Ride buses’’ and inserting ‘‘Northern New Mexico park
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1 and ride facilities and State of New Mexico, Buses and

2 Bus-Related Facilities’’.

3 SEC. 349. Beginning in fiscal year 2002 and there4 after, notwithstanding 49 U.S.C. 41742, no essential air

5 service subsidies shall be provided to communities in the

6 United States (except Alaska) that are located fewer than

7 100 highway miles from the nearest large or medium hub

8 airport, or fewer than 70 highway miles from the nearest

9 small hub airport, or fewer than 50 highway miles from

10 the nearest airport providing scheduled service with jet

11 aircraft; or that require a rate of subsidy per passenger

12 in excess of $200 unless such point is greater than 210

13 miles from the nearest large or medium hub airport.

14 This Act may be cited as the ‘‘Department of Trans15 portation and Related Agencies Appropriations Act,

16 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 fiscalyear ending September 30, 2002, and for otherpurposes.

JULY 13, 2001

Read twice and placed on the calendar