H. R. 2299—31
SEC. 342. Item 642 in the table contained in section 1602
of the Transportation Equity Act for the 21st Century, relating
to Washington, is amended by striking ‘‘Construct passenger ferry
facility to serve Southworth, Seattle’’ and inserting ‘‘Passenger only
ferry to serve Kitsap and King Counties to Seattle’’.
SEC. 343. Item 1793 in section 1602 of the Transportation
Equity Act for the 21st Century, relating to Washington, is amended
by striking ‘‘Southworth Seattle Ferry’’ and inserting ‘‘Passenger
only ferry to serve Kitsap and King Counties to Seattle’’.
SEC. 344. Item 576 in the table contained in section 1602
of the Transportation Equity Act for the 21st Century (112 Stat.
278) is amended by striking ‘‘Bull Shoals Lake Ferry in Taney
County’’ and inserting ‘‘Construct the Missouri Center for Advanced
Highway Safety (MOCAHS)’’.
SEC. 345. The transit station operated by the Washington
Metropolitan Area Transit Authority located at Ronald Reagan
Washington National Airport, and known as the National Airport
Station, shall be known and designated as the ‘‘Ronald Reagan
Washington National Airport Station’’. The Washington Metropoli-
tan Area Transit Authority shall modify the signs at the transit
station, and all maps, directories, documents, and other records
published by the Authority, to reflect the redesignation.
SEC. 346. None of the funds appropriated or otherwise made
available in this Act may be made available to any person or
entity convicted of violating the Buy American Act (41 U.S.C. 10a–
10c).
SEC. 347. For fiscal year 2002, notwithstanding any other provi-
sion of law, historic covered bridges eligible for Federal assistance
under section 1224 of the Transportation Equity Act for the 21st
Century, as amended, may be funded from amounts set aside for
the discretionary bridge program.
SEC. 348. None of the funds provided in this Act or prior
Appropriations Acts for Coast Guard ‘‘Acquisition, construction, and
improvements’’ shall be available after the fifteenth day of any
quarter of any fiscal year, unless the Commandant of the Coast
Guard first submits a quarterly report to the House and Senate
Committees on Appropriations on all major Coast Guard acquisition
projects including projects executed for the Coast Guard by the
United States Navy and vessel traffic service projects: Provided,
That such reports shall include an acquisition schedule, estimated
current and year funding requirements, and a schedule of antici-
pated obligations and outlays for each major acquisition project:
Provided further, That such reports shall rate on a relative scale
the cost risk, schedule risk, and technical risk associated with
each acquisition project and include a table detailing unobligated
balances to date and anticipated unobligated balances at the close
of the fiscal year and the close of the following fiscal year should
the Administration’s pending budget request for the acquisition,
construction, and improvements account be fully funded: Provided
further, That such reports shall also provide abbreviated informa-
tion on the status of shore facility construction and renovation
projects: Provided further, That all information submitted in such
reports shall be current as of the last day of the preceding quarter.
SEC. 349. Funds provided in this Act for the Transportation
Administrative Service Center (TASC) shall be reduced by
$5,000,000, which limits fiscal year 2002 TASC obligational
authority for elements of the Department of Transportation funded
H. R. 2299—32
in this Act to no more than $120,323,000: Provided, That such
reductions from the budget request shall be allocated by the Depart-
ment of Transportation to each appropriations account in proportion
to the amount included in each account for the Transportation
Administrative Service Center.
SEC. 350. SAFETY
OF
CROSS-BORDER
TRUCKING
BETWEEN
UNITED STATES AND MEXICO. (a) No funds limited or appropriated
in this Act may be obligated or expended for the review or processing
of an application by a Mexican motor carrier for authority to operate
beyond United States municipalities and commercial zones on the
United States-Mexico border until the Federal Motor Carrier Safety
Administration—
(1)(A) requires a safety examination of such motor carrier
to be performed before the carrier is granted conditional oper-
ating authority to operate beyond United States municipalities
and commercial zones on the United States-Mexico border;
(B) requires the safety examination to include—
(i) verification of available performance data and safety
management programs;
(ii) verification of a drug and alcohol testing program
consistent with part 40 of title 49, Code of Federal Regula-
tions;
(iii) verification of that motor carrier’s system of
compliance with hours-of-service rules, including hours-of-
service records;
(iv) verification of proof of insurance;
(v) a review of available data concerning that motor
carrier’s safety history, and other information necessary
to determine the carrier’s preparedness to comply with
Federal Motor Carrier Safety rules and regulations and
Hazardous Materials rules and regulations;
(vi) an inspection of that Mexican motor carrier’s
commercial vehicles to be used under such operating
authority, if any such commercial vehicles have not received
a decal from the inspection required in subsection (a)(5);
(vii) an evaluation of that motor carrier’s safety inspec-
tion, maintenance, and repair facilities or management
systems, including verification of records of periodic vehicle
inspections;
(viii) verification of drivers’ qualifications, including
a confirmation of the validity of the Licencia de Federal
de Conductor of each driver of that motor carrier who
will be operating under such authority; and
(ix) an interview with officials of that motor carrier
to review safety management controls and evaluate any
written safety oversight policies and practices.
(C) requires that—
(i) Mexican motor carriers with three or fewer commer-
cial vehicles need not undergo on-site safety examination;
however 50 percent of all safety examinations of all Mexi-
can motor carriers shall be conducted onsite; and
(ii) such on-site inspections shall cover at least 50
percent of estimated truck traffic in any year.
(2) requires a full safety compliance review of the carrier
consistent with the safety fitness evaluation procedures set
forth in part 385 of title 49, Code of Federal Regulations,
and gives the motor carrier a satisfactory rating, before the
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carrier is granted permanent operating authority to operate
beyond United States municipalities and commercial zones on
the United States-Mexico border, and requires that any such
safety compliance review take place within 18 months of that
motor carrier being granted conditional operating authority,
provided that—
(A) Mexican motor carriers with three or fewer
commercial vehicles need not undergo onsite compliance
review; however 50 percent of all compliance reviews of
all Mexican motor carriers shall be conducted on-site; and
(B) any Mexican motor carrier with 4 or more commer-
cial vehicles that did not undergo an on-site safety exam
under (a)(1)(C), shall undergo an on-site safety compliance
review under this section.
(3) requires Federal and State inspectors to verify electroni-
cally the status and validity of the license of each driver of
a Mexican motor carrier commercial vehicle crossing the border;
(A) for every such vehicle carrying a placardable
quantity of hazardous materials;
(B) whenever the inspection required in subsection
(a)(5) is performed; and
(C) randomly for other Mexican motor carrier commer-
cial vehicles, but in no case less than 50 percent of all
other such commercial vehicles.
(4) gives a distinctive Department of Transportation
number to each Mexican motor carrier operating beyond the
commercial zone to assist inspectors in enforcing motor carrier
safety regulations including hours-of-service rules under part
395 of title 49, Code of Federal Regulations;
(5) requires, with the exception of Mexican motor carriers
that have been granted permanent operating authority for three
consecutive years—
(A) inspections of all commercial vehicles of Mexican
motor carriers authorized, or seeking authority to operate
beyond United States municipalities and commercial zones
on the United States-Mexico border that do not display
a valid Commercial Vehicle Safety Alliance inspection
decal, by certified inspectors in accordance with the require-
ments for a Level I Inspection under the criteria of the
North American Standard Inspection (as defined in section
350.105 of title 49, Code of Federal Regulations), including
examination of the driver, vehicle exterior and vehicle
under-carriage;
(B) a Commercial Vehicle Safety Alliance decal to be
affixed to each such commercial vehicle upon completion
of the inspection required by clause (A) or a re-inspection
if the vehicle has met the criteria for the Level I inspection;
and
(C) that any such decal, when affixed, expire at the
end of a period of not more than 90 days, but nothing
in this paragraph shall be construed to preclude the
Administration from requiring reinspection of a vehicle
bearing a valid inspection decal or from requiring that
such a decal be removed when a certified Federal or State
inspector determines that such a vehicle has a safety viola-
tion subsequent to the inspection for which the decal was
granted.
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(6) requires State inspectors who detect violations of Fed-
eral motor carrier safety laws or regulations to enforce them
or notify Federal authorities of such violations;
(7)(A) equips all United States-Mexico commercial border
crossings with scales suitable for enforcement action; equips
5 of the 10 such crossings that have the highest volume of
commercial vehicle traffic with weigh-in-motion (WIM) systems;
ensures that the remaining 5 such border crossings are
equipped within 12 months; requires inspectors to verify the
weight of each Mexican motor carrier commercial vehicle
entering the United States at said WIM equipped high volume
border crossings; and
(B) initiates a study to determine which other crossings
should also be equipped with weigh-in-motion systems;
(8) the Federal Motor Carrier Safety Administration has
implemented a policy to ensure that no Mexican motor carrier
will be granted authority to operate beyond United States
municipalities and commercial zones on the United States-
Mexico border unless that carrier provides proof of valid insur-
ance with an insurance company licensed in the United States;
(9) requires commercial vehicles operated by a Mexican
motor carrier to enter the United States only at commercial
border crossings where and when a certified motor carrier
safety inspector is on duty and where adequate capacity exists
to conduct a sufficient number of meaningful vehicle safety
inspections and to accommodate vehicles placed out-of-service
as a result of said inspections.
(10) publishes—
(A) interim final regulations under section 210(b) of
the Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31144 note) that establish minimum requirements
for motor carriers, including foreign motor carriers, to
ensure they are knowledgeable about Federal safety stand-
ards, that may include the administration of a proficiency
examination;
(B) interim final regulations under section 31148 of
title 49, United States Code, that implement measures
to improve training and provide for the certification of
motor carrier safety auditors;
(C) a policy under sections 218(a) and (b) of that Act
(49 U.S.C. 31133 note) establishing standards for the deter-
mination of the appropriate number of Federal and State
motor carrier inspectors for the United States-Mexico
border;
(D) a policy under section 219(d) of that Act (49 U.S.C.
14901 note) that prohibits foreign motor carriers from
leasing vehicles to another carrier to transport products
to the United States while the lessor is subject to a suspen-
sion, restriction, or limitation on its right to operate in
the United States; and
(E) a policy under section 219(a) of that Act (49 U.S.C.
14901 note) that prohibits foreign motor carriers from oper-
ating in the United States that is found to have operated
illegally in the United States.
(b) No vehicles owned or leased by a Mexican motor carrier
and carrying hazardous materials in a placardable quantity may
be permitted to operate beyond a United States municipality or