H. R. 2299—35
commercial zone until the United States has completed an agree-
ment with the Government of Mexico which ensures that drivers
of such vehicles carrying such placardable quantities of hazardous
materials meet substantially the same requirements as United
States drivers carrying such materials.
(c) No vehicles owned or leased by a Mexican motor carrier
may be permitted to operate beyond United States municipalities
and commercial zones under conditional or permanent operating
authority granted by the Federal Motor Carrier Safety Administra-
tion until—
(1) the Department of Transportation Inspector General
conducts a comprehensive review of border operations within
180 days of enactment to verify that—
(A) all new inspector positions funded under this Act
have been filled and the inspectors have been fully trained;
(B) each inspector conducting on-site safety compliance
reviews in Mexico consistent with the safety fitness evalua-
tion procedures set forth in part 385 of title 49, Code
of Federal Regulations, is fully trained as a safety spe-
cialist;
(C) the requirement of subparagraph (a)(2) has not
been met by transferring experienced inspectors from other
parts of the United States to the United States-Mexico
border, undermining the level of inspection coverage and
safety elsewhere in the United States;
(D) the Federal Motor Carrier Safety Administration
has implemented a policy to ensure compliance with hours-
of-service rules under part 395 of title 49, Code of Federal
Regulations, by Mexican motor carriers seeking authority
to operate beyond United States municipalities and
commercial zones on the United States-Mexico border;
(E) the information infrastructure of the Mexican
government 
is 
sufficiently 
accurate, 
accessible, 
and
integrated with that of United States enforcement authori-
ties to allow United States authorities to verify the status
and validity of licenses, vehicle registrations, operating
authority and insurance of Mexican motor carriers while
operating in the United States, and that adequate tele-
communications links exist at all United States-Mexico
border crossings used by Mexican motor carrier commercial
vehicles, and in all mobile enforcement units operating
adjacent to the border, to ensure that licenses, vehicle
registrations, operating authority and insurance informa-
tion can be easily and quickly verified at border crossings
or by mobile enforcement units;
(F) there is adequate capacity at each United States-
Mexico border crossing used by Mexican motor carrier
commercial vehicles to conduct a sufficient number of
meaningful vehicle safety inspections and to accommodate
vehicles placed out-of-service as a result of said inspections;
(G) there is an accessible database containing suffi-
ciently comprehensive data to allow safety monitoring of
all Mexican motor carriers that apply for authority to
operate commercial vehicles beyond United States munici-
palities and commercial zones on the United States-Mexico
border and the drivers of those vehicles; and
H. R. 2299—36
(H) measures are in place to enable United States
law enforcement authorities to ensure the effective enforce-
ment and monitoring of license revocation and licensing
procedures of Mexican motor carriers.
(2) The Secretary of Transportation certifies in writing
in a manner addressing the Inspector General’s findings in
paragraphs (c)(1)(A) through (c)(1)(H) of this section that the
opening of the border does not pose an unacceptable safety
risk to the American public.
(d) The Department of Transportation Inspector General shall
conduct another review using the criteria in (c)(1)(A) through
(c)(1)(H) consistent with paragraph (c) of this section, 180 days
after the first review is completed, and at least annually thereafter.
(e) For purposes of this section, the term ‘‘Mexican motor car-
rier’’ shall be defined as a Mexico-domiciled motor carrier operating
beyond United States municipalities and commercial zones on the
United States-Mexico border.
(f) In addition to amounts otherwise made available in this
Act, to be derived from the Highway Trust Fund, there is hereby
appropriated to the Federal Motor Carrier Safety Administration,
$25,866,000 for the salary, expense, and capital costs associated
with the requirements of this section.
SEC. 351. Notwithstanding any other provision of law, for the
purpose of calculating the non-federal contribution to the net project
cost of the Regional Transportation Commission Resort Corridor
Fixed Guideway Project in Clark County, Nevada, the Secretary
of Transportation shall include all non-federal contributions
(whether public or private) made on or after January 1, 2000
for engineering, final design, and construction of any element or
phase of the project, including any fixed guideway project or seg-
ment connecting to that project, and also shall allow non-federal
funds (whether public or private) expended on one element or
phase of the project to be used to meet the non-federal share
requirement of any element or phase of the project.
SEC. 352. (a) FINDINGS.—Congress makes the following findings:
(1) The condition of highway, railway, and waterway infra-
structure across the Nation varies widely and is in need of
improvement and investment.
(2) Thousands of tons of hazardous materials, including
a very small amount of high-level radioactive material, are
transported along the Nation’s highways, railways, and water-
ways each year.
(3) The volume of hazardous material transport increased
by over one-third in the last 25 years and is expected to continue
to increase. Some propose significantly increasing radioactive
material transport.
(4) Approximately 261,000 people were evacuated across
the Nation because of rail-related incidents involving hazardous
materials between 1978 and 1995, and during that period
industry reported 8 transportation accidents involving the small
volume of high level radioactive waste transported during that
period.
(5) The Federal Railroad Administration has significantly
decreased railroad inspections and has allocated few resources
since 1993 to assure the structural integrity of railroad bridges.
Train derailments have increased by 18 percent over roughly
the same period.
H. R. 2299—37
(6) The poor condition of highway, railway, and waterway
infrastructure, increases in the volume of hazardous material
transport, and proposed increases in radioactive material trans-
port increase the risk of incidents involving such materials.
(7) Measuring the risks of hazardous or radioactive mate-
rial incidents and preventing such incidents requires specific
information concerning the condition and suitability of specific
transportation routes contemplated for such transport to inform
and enable investment in related infrastructure.
(8) Mitigating the impact of hazardous and radioactive
material transportation incidents requires skilled, localized, and
well-equipped emergency response personnel along all specifi-
cally identified transportation routes.
(9) Incidents involving hazardous or radioactive material
transport pose threats to the public health and safety, the
environment, and the economy.
(b) STUDY.—The Secretary of Transportation shall, in consulta-
tion with the Comptroller General of the United States, conduct
a study of the effects to public health and safety, the environment,
and the economy associated with the transportation of hazardous
and radioactive material.
(c) MATTERS TO BE ADDRESSED.—The study under subsection
(b) shall address the following matters:
(1) Whether the Federal Government conducts or reviews
individualized and detailed evaluations and inspections of the
condition and suitability of specific transportation routes for
the current, and any anticipated or proposed, transport of haz-
ardous and radioactive material, including whether resources
and information are adequate to conduct such evaluations and
inspections.
(2) The costs and time required to ensure adequate inspec-
tion of specific transportation routes and related infrastructure
and to complete the infrastructure improvements necessary
to ensure the safety of current, and any anticipated or proposed,
hazardous and radioactive material transport.
(3) Whether emergency preparedness personnel, emergency
response personnel, and medical personnel are adequately
trained and equipped to promptly respond to incidents along
specific transportation routes for current, anticipated, or pro-
posed hazardous and radioactive material transport.
(4) The costs and time required to ensure that emergency
preparedness personnel, emergency response personnel, and
medical personnel are adequately trained and equipped to
promptly respond to incidents along specific transportation
routes for current, anticipated, or proposed hazardous and
radioactive material transport.
(5) The availability of, or requirements to, establish govern-
mental and commercial information collection and dissemina-
tion systems adequate to provide public and emergency
responders in an accessible manner, with timely, complete,
specific, and accurate information (including databases) con-
cerning actual, proposed, or anticipated shipments by highway,
railway, or waterway of hazardous and radioactive materials,
including incidents involving the transportation of such mate-
rials by those means and the public safety implications of
such dissemination.
H. R. 2299—38
(d) DEADLINE FOR COMPLETION.—The study under subsection
(b) shall be completed not later than 6 months after the date
of the enactment of this Act.
(e) REPORT.—Upon completion of the study under subsection
(b), the Secretary shall submit to Congress a report on the study.
SEC. 353. In selecting projects to carry out using funds appor-
tioned under section 110 of title 23, United States Code, the States
of Georgia, Alabama, and Mississippi shall give priority consider-
ation to the following projects:
(1) Improving Johnson Ferry Road from the Chattahoochee
River to Abernathy Road, including the bridge over the Chat-
tahoochee River, Georgia.
(2) Widening Abernathy Road from 2 to 4 lanes from John-
son Ferry Road to Roswell Road, Georgia.
(3) Constructing approaches to the Patton Island Bridge,
Alabama.
(4) Planning, design, engineering, and construction of an
interchange on I–55, at approximately mile marker 114, and
connector roads in Madison County, Mississippi.
SEC. 354. Section 355(a) of the National Highway System Des-
ignation Act of 1995 (109 Stat. 624) is amended by striking ‘‘has
achieved’’ and all that follows and inserting the following: ‘‘has
achieved a safety belt use rate of not less than 50 percent.’’.
SEC. 355. Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall conduct a study
and submit to Congress a report on the costs and benefits of
constructing a third bridge across the Mississippi River in the
Memphis, Tennessee, metropolitan area.
SEC. 356. (a) Congress makes the following findings:
(1) Section 345 of the National Highway System Designa-
tion Act of 1995 authorizes limited relief to drivers of certain
types of commercial motor vehicles from certain restrictions
on maximum driving time and on-duty time.
(2) Subsection (c) of that section requires the Secretary
of Transportation to determine by rulemaking proceedings that
the exemptions granted are not in the public interest and
adversely affect the safety of commercial motor vehicles.
(3) Subsection (d) of that section requires the Secretary
of Transportation to monitor the safety performance of drivers
of commercial motor vehicles who are subject to an exemption
under section 345 and report to Congress prior to the rule-
making proceedings.
(b) It is the sense of Congress that the Secretary of Transpor-
tation should not take any action that would diminish or revoke
any exemption in effect on the date of the enactment of this Act
for drivers of vehicles under section 345 of the National Highway
System Designation Act of 1995 (Public Law 104–59; 109 Stat.
613; 49 U.S.C. 31136 note) unless the requirements of subsections
(c) and (d) of such section are satisfied.
SEC. 357. Point Retreat Light Station shall be transferred to
the Alaska Lighthouse Association consistent with the terms and
conditions of section 416(b)(2) of Public Law 105–383.
SEC. 358. PRIORITY
HIGHWAY
PROJECTS, MINNESOTA. In
selecting projects to carry out using funds apportioned under section
110 of title 23, United States Code, the State of Minnesota shall
give priority consideration to the following projects:
H. R. 2299—39
(1) The Southeast Main and Rail Relocation Project in
Moorhead, Minnesota.
(2) Improving access to and from I–35 W at Lake Street
in Minneapolis, Minnesota.
SEC. 359. Notwithstanding any other provision of law, the
Secretary of Transportation shall approve the use of funds appor-
tioned under paragraphs (1) and (3) of section 104(b) of title 23,
United States Code, for construction of Type II noise barriers—
(1) at the locations identified in section 358 of the Depart-
ment of Transportation and Related Agencies Appropriations
Act, 2000 (113 Stat. 1027);
(2) on the west side of Interstate Route 285 from Henderson
Mill Road to Chamblee Tucker Road in DeKalb County,
Georgia;
(3) on the east and west side of Interstate Route 85,
extending from Virginia Avenue to Metropolitan Parkway in
Fulton County, Georgia;
(4) on the east and west sides of Interstate 285 from
the South Fulton Parkway/Interstate Route 85 interchange
north to Interstate Route 20;
(5) on the east side of Interstate Route 75 from Howell
Mill Road to West Paces Ferry Road in Fulton County, Georgia;
(6) on the east and west sides of Interstate Route 75
between Chastain Road and Georgia State Route 92 in Cobb
and Cherokee Counties, Georgia; and
(7) on the south side of Interstate 95 in Bensalem Town-
ship, between exit 25 and exit 26, Bucks County, Pennsylvania.
SEC. 360. Notwithstanding any other provision of law, of the
funds apportioned to the State of Oklahoma under section 110
of title 23, United States Code, for fiscal year 2001, the $4,300,000
specified under the heading ‘‘Federal-Aid Highways (Limitation on
Obligations)’’ in the Department of Transportation and Related
Agencies Appropriations Act, 2001 (Public Law 106–346) for
reconstruction of U.S. 177 in the vicinity of Cimarron River, Okla-
homa, shall be available instead only for the widening of U.S.
177 from SH–33 to 32nd Street in Stillwater, Oklahoma, and such
amount shall be subject to the provisions of the last proviso under
such heading.
SEC. 361. Section 3030(d)(3) of the Transportation Equity Act
for the 21st Century (Public Law 105–178) is amended by inserting
at the end:
‘‘(D) Alabama State Docks intermodal passenger and
freight facility.’’.
SEC. 362. Section 1105(c) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2032) is amended by adding
at the end the following:
‘‘(44) The Louisiana Highway 1 corridor from Grand Isle,
Louisiana, along Louisiana Highway 1, to the intersection with
United States Route 90.’’.
SEC. 363. Item 425 in the table contained in section 1602
of the Transportation Equity Act for the 21st Century (112 Stat.
272) is amended by striking ‘‘Extend’’ and all that follows through
‘‘Parish’’ and inserting the following: ‘‘Extend and improve Lou-
isiana Route 42 from and along U.S. 61 to I–10 in Ascension
and East Baton Rouge Parishes’’.
SEC. 364. Items 111 and 1583 in the table contained in section
1602 of the Transportation Equity Act for the 21st Century (112
H. R. 2299—40
Stat. 261 and 315), relating to Kentucky, are each amended by
inserting after ‘‘Paducah’’ the following: ‘‘and other areas in the
city of Paducah and McCracken County, Kentucky’’.
SEC. 365. (a) Section 1105(c)(3) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102–240), as
amended, is hereby further amended by striking: ‘‘then to a Ken-
tucky Corridor centered on the cities of Pikeville, Jenkins, Hazard,
London, Somerset, Columbia, Bowling Green, Hopkinsville, Benton,
and Paducah’’ and inserting: ‘‘then to a Kentucky Corridor centered
on the cities of Pikeville, Jenkins, Hazard, London, and Somerset;
then, generally following the Louie B. Nunn Parkway corridor from
Somerset to Columbia, to Glasgow, to I–65; then to Bowling Green,
Hopkinsville, Benton, and Paducah’’.
(b) Section 1105(e)(5)(A) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (Public Law 102–240), as amended,
is hereby further amended by inserting after ‘‘subsection (c)(1)’’,
the following: ‘‘subsection (c)(3) (solely as it relates to the Kentucky
Corridor),’’.
SEC. 366. Section 1105(c)(18) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102–240), as
amended, is hereby further amended by adding:
‘‘(E) In Kentucky, the corridor shall utilize the existing
Purchase Parkway from the Tennessee State line to Inter-
state 24.’’.
SEC. 367. Section 1105(e)(5)(B)(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102–240), as
amended, is hereby further amended by adding: ‘‘The Louie B.
Nunn Parkway corridor referred to in subsection (c)(3) shall be
designated as Interstate Route 66. A State having jurisdiction over
any segment of routes and/or corridors referred to in subsections
(c)(3) shall erect signs identifying such segment that is consistent
with the criteria set forth in subsections (e)(5)(A)(i) and (e)(5)(A)(ii)
as Interstate Route 66. Notwithstanding the provisions of sub-
sections (e)(5)(A)(i) and (e)(5)(A)(ii), or any other provisions of this
Act, the Commonwealth of Kentucky shall erect signs, as approved
by the Secretary, identifying the routes and/or corridors described
in subsection (c)(3) for the Commonwealth, as segments of future
Interstate Route 66. The Purchase Parkway corridor referred to
in subsection (c)(18)(E) shall be designated as Interstate Route
69. A State having jurisdiction over any segment of routes and/
or corridors referred to in subsections (c)(18) shall erect signs identi-
fying such segment that is consistent with the criteria set forth
in subsections (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route 69.
Notwithstanding the provisions of subsections (e)(5)(A)(i) and
(e)(5)(A)(ii), or any other provisions of this Act, the Commonwealth
of Kentucky shall erect signs, as approved by the Secretary, identi-
fying the routes and/or corridors described in subsection (c)(18)
for the Commonwealth, as segments of future Interstate Route
69.’’.
SEC. 368. Notwithstanding any other provision of law, any
funds made available to the southern coalition for advanced
transportation (SCAT) in the Department of Transportation and
Related Agencies Appropriations Act, 2000, Public Law 106–69,
under Capital Investment Grants, or identified in the conference
report accompanying the Department of Transportation and Related
Agencies Appropriations Act, 2001, Public Law 106–346, that
remain unobligated shall be transferred to Transit Planning and
H. R. 2299—41
Research and made available to the electric transit vehicle institute
(ETVI) in Tennessee for research administered under the provisions
of 49 U.S.C. 5312.
SEC. 369. Chapter 9 of title II of the Supplemental Appropria-
tions Act, 2001 (Public Law 107–20) is amended by deleting the
heading ‘‘(Highway Trust Fund)’’ under the heading ‘‘Federal-aid
Highways’’; and inserting in the body under the heading ‘‘Federal-
aid Highways’’ after ‘‘available’’ the following: ‘‘from the Highway
Trust Fund (other than the mass transit account) or the general
fund’’; and striking ‘‘103–311’’ and inserting in lieu thereof ‘‘103–
331’’.
SEC. 370. Notwithstanding the project descriptions contained
in table item number 865 of section 1602 of Public Law 105–
178, table item number 77 of section 1106(a) of Public Law 102–
240 and section 1069(d) relating to the Riverside Expressway in
Fairmont, West Virginia, amounts available under such provision
shall be available to carry out any project eligible under title 23,
United States Code, in the vicinity of Fairmont, West Virginia.
SEC. 371. Item 71 in the table contained in section 1602 of
the Transportation Equity Act for the 21st Century, Public Law
105–178, is amended by replacing ‘‘restore First and Main Streets
to two-way traffic’’ with ‘‘traffic safety and pedestrian improvements
in downtown Miamisburg’’.
SEC. 372. Item 258 in the table under the heading ‘‘Capital
Investment Grants’’ in title I of the Department of Transportation
and Related Agencies Appropriations Act, 2000 (Public Law 106–
69; 113 Stat. 1006) is amended by striking ‘‘Killington-Sherburne
satellite bus facility’’ and inserting ‘‘Marble Valley Regional Transit
District buses’’.
SEC. 373. Of the funds available in item 73 of the table con-
tained in section 1106(b) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102–240), $5,700,000 shall be
available for construction of a parking facility for the inner harbor/
redevelopment project in Buffalo, New York.
SEC. 374. Of the funds available in item 630 of the table
contained in section 1602 of the Transportation Equity Act for
the 21st Century (Public Law 105–178) as amended by section
1102 of chapter 11 of the Consolidated Appropriations Act, 2001
(Public Law 106–554) shall be available for the construction of
a parking facility for the inner harbor/redevelopment project in
Buffalo, New York.
H. R. 2299—42
This Act may be cited as the ‘‘Department of Transportation
and Related Agencies Appropriations Act, 2002’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.