SEC. 317. Funds made available for Alaska or Hawaii
ferry boats or ferry terminal facilities pursuant to 49
U.S.C. 5309(m)(2)(B) may be used to construct new ves-
sels and facilities, or to improve existing vessels and facili-
ties, including both the passenger and vehicle-related ele-
ments of such vessels and facilities, and for repair facili-
ties.
SEC. 318. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal-
aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall
be subject to the obligation limitation for Federal-aid
highways and highway safety construction.
SEC. 319. None of the funds in this Act may be obli-
gated or expended for employee training which: (a) does
not meet identified needs for knowledge, skills and abilities
bearing directly upon the performance of official duties;
(b) contains elements likely to induce high levels of emo-
tional response or psychological stress in some partici-
pants; (c) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluations; (d) contains any meth-
ods or content associated with religious or quasi-religious
belief systems or ‘‘new age’’ belief systems as defined in
Equal Employment Opportunity Commission Notice N–
915.022, dated September 2, 1988; (e) is offensive to, or
designed to change, participants’ personal values or life-
style outside the workplace; or (f) includes content related
to human immunodeficiency virus/acquired immune defi-
ciency syndrome (HIV/AIDS) other than that necessary
to make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of HIV-posi-
tive employees.
SEC. 320. None of the funds in this Act shall, in the
absence of express authorization by Congress, be used di-
rectly or indirectly to pay for any personal service, adver-
tisement, telegraph, telephone, letter, printed or written
material, radio, television, video presentation, electronic
communications, or other device, intended or designed to
influence in any manner a Member of Congress or of a
State legislature to favor or oppose by vote or otherwise,
any legislation or appropriation by Congress or a State
legislature after the introduction of any bill or resolution
in Congress proposing such legislation or appropriation,
or after the introduction of any bill or resolution in a State
legislature proposing such legislation or appropriation:
Provided, That this shall not prevent officers or employees
of the Department of Transportation or related agencies
funded in this Act from communicating to Members of
Congress or to Congress, on the request of any Member,
or to members of a State legislature, or to a State legisla-
ture, through the proper official channels, requests for leg-
islation or appropriations which they deem necessary for
the efficient conduct of business.
SEC. 321. (a) IN GENERAL.—None of the funds
made available in this Act may be expended by an entity
unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C.
10a–10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT RE-
GARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products to the greatest extent
practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal agen-
cy shall provide to each recipient of the assistance
a notice describing the statement made in paragraph
(1) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 322. Rebates, refunds, incentive payments,
minor fees and other funds received by the Department
from travel management centers, charge card programs,
the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the Depart-
ment and allocated to elements of the Department using
fair and equitable criteria and such funds shall be avail-
able until December 31, 2002.
SEC. 323. Notwithstanding any other provision of
law, rule or regulation, the Secretary of Transportation
is authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repur-
chase such stock upon the payment to the Department of
an amount determined by the Secretary.
SEC. 324. For necessary expenses of the Amtrak Re-
form Council authorized under section 203 of Public Law
105–134, $785,000 (reduced by $335,000), to remain
available until September 30, 2003: Provided, That the
duties of the Amtrak Reform Council described in section
203(g)(1) of Public Law 105–134 shall include the identi-
fication of Amtrak routes which are candidates for closure
or realignment, based on performance rankings developed
by Amtrak which incorporate information on each route’s
fully allocated costs and ridership on core intercity pas-
senger service, and which assume, for purposes of closure
or realignment candidate identification, that Federal sub-
sidies for Amtrak will decline over the 4-year period from
fiscal year 1999 to fiscal year 2002: Provided further,
That these closure or realignment recommendations shall
be included in the Amtrak Reform Council’s annual report
to the Congress required by section 203(h) of Public Law
105–134.
SEC. 325. None of the funds in this Act may be used
to make a grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropria-
tions not less than 3 full business days before any discre-
tionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by
the department or its modal administrations from: (1) any
discretionary grant program of the Federal Highway Ad-
ministration other than the emergency relief program; (2)
the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed
guideway modernization programs: Provided, That no no-
tification shall involve funds that are not available for obli-
gation.
SEC. 326. Section 232 of H.R. 3425 of the 106th
Congress, as enacted by section 1000(a)(5) of the Consoli-
dated Appropriations Act, 2000 is repealed.
SEC. 327. None of the funds in this Act shall be avail-
able for planning, design, or construction of a light rail
system in Houston, Texas.
SEC. 328. None of the funds made available in this
Act may be used for engineering work related to an addi-
tional runway at New Orleans International Airport.
SEC. 329. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto,
Japan at the Third Conference of the Parties to the
United Nations Framework Convention on Climate
Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25
of the Protocol.
SEC. 330. None of the funds in this Act shall be used
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance,
utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air
navigation or weather reporting: Provided, That the prohi-
bition of funds in this section does not apply to negotia-
tions between the agency and airport sponsors to achieve
agreement on ‘‘below-market’’ rates for these items or to
grant assurances that require airport sponsors to provide
land without cost to the FAA for air traffic control facili-
ties.
SEC. 331. Notwithstanding any other provision of
law, States may use funds provided in this Act under sec-
tion 402 of title 23, United States Code, to produce and
place highway safety public service messages in television,
radio, cinema, and print media, and on the Internet in
accordance with guidance issued by the Secretary of
Transportation: Provided, That any State that uses funds
for such public service messages shall submit to the Sec-
retary a report describing and assessing the effectiveness
of the messages.
SEC. 332. The Secretary of Transportation may use
up to 1 percent of the amounts made available to carry
out 49 U.S.C. 5309 for oversight activities under 49
U.S.C. 5327.
SEC. 333. Item number 1348 in the table contained
in section 1602 of the Transportation Equity Act for the
21st Century (112 Stat. 269) is amended by striking ‘‘Ex-
tend West Douglas Road’’ and inserting ‘‘Construct Gasti-
neau Channel Second Crossing to Douglas Island’’.
SEC. 334. None of the funds in this Act may be obli-
gated for the Office of the Secretary of Transportation
to approve assessments or reimbursable agreements per-
taining to funds appropriated to the modal administra-
tions in this Act, except for activities underway on the
date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming
process for Congressional notification.
SEC. 335. Item 642 in the table contained in section
1602 of the Transportation Equity Act for the 21st Cen-
tury (112 Stat. 298), relating to Washington, is amended
by striking ‘‘construct passenger ferry facility to serve
Southworth, Seattle’’ and inserting ‘‘passenger only ferry
to serve Kitsap County-Seattle’’.
SEC. 336. Item 1793 in section 1602 of the Trans-
portation Equity Act for the 21st Century (112 Stat.
298), relating to Washington, is amended by striking
‘‘Southworth Seattle ferry’’ and inserting ‘‘passenger only
ferry to serve Kitsap County-Seattle’’.
SEC. 337. Item 576 in the table contained in section
1602 of the Transportation Equity Act for the 21st Cen-
tury (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. 338. The transit station operated by the Wash-
ington Metropolitan Area Transit Authority located at
Ronald Reagan Washington National Airport, and known
as the National Airport Station, shall be known and des-
ignated as the ‘‘Ronald Reagan Washington National Air-
port Station’’. The Washington Metropolitan Area Transit
Authority shall modify the signs at the transit station, and
all maps, directories, documents, and other records pub-
lished by the Authority, to reflect the redesignation.
SEC. 339. None of the funds appropriated or other-
wise made available in this Act may be made available to
any person or entity convicted of violating the Buy Amer-
ican Act (41 U.S.C. 10a–10c).
SEC. 340. None of the funds in this Act may be used
for the planning, design, development, or construction of
the California State Route 710 freeway extension project
through El Sereno, South Pasadena, and Pasadena, Cali-
fornia.
SEC. 341. None of the funds in this Act may be used
to process applications by Mexico-domiciled motor carriers
for conditional or permanent authority to operate beyond
the United States municipalities and commercial zones ad-
jacent to the United States-Mexico border.
This Act may be cited as the ‘‘Department of Trans-
portation and Related Agencies Appropriations Act,
2002’’.
Passed the House of Representatives June 26, 2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 2299
AN ACT
Making appropriations for the Department of
Transportation and related agencies for the fiscal
year ending September 30, 2002, and for other
purposes.