Download:
pdf |
pdfPUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 833
Public Law 107–87
107th Congress
An Act
Making appropriations for the Department of Transportation and related agencies
for the fiscal year ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of Transportation
and related agencies for the fiscal year ending September 30, 2002,
and for other purposes, namely:
Dec. 18, 2001
[H.R. 2299]
Department of
Transportation
and Related
Agencies
Appropriations
Act, 2002.
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES
AND
EXPENSES
For necessary expenses of the Office of the Secretary,
$67,778,000, of which not to exceed $1,929,000 shall be available
for the immediate Office of the Secretary; not to exceed $619,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $13,355,000 shall be available for the Office of the
General Counsel; not to exceed $3,058,000 shall be for the Office
of the Assistant Secretary for Policy; not to exceed $7,421,000
shall be available for the Office of the Assistant Secretary for
Aviation and International Affairs; not to exceed $7,728,000 shall
be available for the Office of the Assistant Secretary for Budget
and Programs; not to exceed $2,282,000 shall be available for the
Office of the Assistant Secretary for Government Affairs; not to
exceed $19,250,000 shall be available for the Office of the Assistant
Secretary for Administration; not to exceed $1,723,000 shall be
available for the Office of Public Affairs; not to exceed $1,204,000
shall be available for the Office of the Executive Secretariat; not
to exceed $507,000 shall be available for the Board of Contract
Appeals; not to exceed $1,240,000 shall be available for the Office
of Small and Disadvantaged Business Utilization; not to exceed
$1,321,000 shall be available for the Office of Intelligence and
Security; not to exceed $6,141,000 shall be available for the Office
of the Chief Information Officer: Provided, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision
of law, excluding fees authorized in Public Law 107–71, there
may be credited to this appropriation up to $2,500,000 in funds
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00001
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 834
PUBLIC LAW 107–87—DEC. 18, 2001
received in user fees: Provided further, That the Secretary of
Transportation is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office of
the Office of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 7
percent by all such transfers: Provided further, That any such
transfer shall be submitted for approval to the House and Senate
Committees on Appropriations.
OFFICE
OF
CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $8,500,000.
TRANSPORTATION SECURITY ADMINISTRATION
For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant
to Public Law 107–71, $1,250,000,000, to remain available until
expended: Provided, That, security service fees authorized under
49 U.S.C. 44940 shall be credited to this appropriation as offsetting
collections and used for providing civil aviation security services
authorized by that section: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 2002 so as
to result in a final fiscal year appropriation from the General
Fund estimated at not more than $0.
TRANSPORTATION PLANNING, RESEARCH,
AND
DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $11,993,000.
TRANSPORTATION ADMINISTRATIVE SERVICE CENTER
Necessary expenses for operating costs and capital outlays of
the Transportation Administrative Service Center, not to exceed
$125,323,000, shall be paid from appropriations made available
to the Department of Transportation: Provided, That such services
shall be provided on a competitive basis to entities within the
Department of Transportation: Provided further, That the above
limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to
an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the
agency modal administrator: Provided further, That no assessments
may be levied against any program, budget activity, subactivity
or project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00002
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 835
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $18,367,000. In addition,
for administrative expenses to carry out the guaranteed loan program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until September
30, 2003: Provided, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode
of transportation.
PAYMENTS
(AIRPORT
TO
AIR CARRIERS
AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, to be derived from the Airport and Airway
Trust Fund, $13,000,000, to remain available until expended.
COAST GUARD
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the Coast Guard, not otherwise provided for; purchase of not to
exceed five passenger motor vehicles for replacement only; payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and section 229(b) of the Social Security Act
(42 U.S.C. 429(b)); and recreation and welfare, $3,382,000,000, of
which $440,000,000 shall be available for defense-related activities;
and of which $24,945,000 shall be derived from the Oil Spill
Liability Trust Fund: Provided, That none of the funds appropriated
in this or any other Act shall be available for pay of administrative
expenses in connection with shipping commissioners in the United
States: Provided further, That none of the funds provided in this
Act shall be available for expenses incurred for yacht documentation
under 46 U.S.C. 12109, except to the extent fees are collected
from yacht owners and credited to this appropriation: Provided
further, That of the amounts made available under this heading,
not less than $14,541,000 shall be used solely to increase staffing
at Search and Rescue stations, surf stations and command centers,
increase the training and experience level of individuals serving
in said stations through targeted retention efforts, revise personnel
policies and expand training programs, and to modernize and
improve the quantity and quality of personal safety equipment,
including survival suits, for personnel assigned to said stations:
Provided further, That the Department of Transportation Inspector
General shall audit and certify to the House and Senate Committees
on Appropriations that the funding described in the preceding proviso is being used solely to supplement and not supplant the Coast
Guard’s level of effort in this area in fiscal year 2001.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00003
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 836
PUBLIC LAW 107–87—DEC. 18, 2001
ACQUISITION, CONSTRUCTION,
AND IMPROVEMENTS
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto, $636,354,000,
of which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund; of which $89,640,000 shall be available to acquire,
repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2006; $9,500,000
shall be available to acquire new aircraft and increase aviation
capability, to remain available until September 30, 2004;
$79,293,000 shall be available for other equipment, to remain available until September 30, 2004; $73,100,000 shall be available for
shore facilities and aids to navigation facilities, to remain available
until September 30, 2004; $64,631,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 2003; and $320,190,000 shall be available
for the Integrated Deepwater Systems program, to remain available
until September 30, 2006: Provided, That the Commandant of the
Coast Guard is authorized to dispose of surplus real property,
by sale or lease, and the proceeds shall be credited to this appropriation as offsetting collections and made available only for the
National Distress and Response System Modernization program,
to remain available for obligation until September 30, 2004: Provided further, That none of the funds provided under this heading
may be obligated or expended for the Integrated Deepwater Systems
(IDS) system integration contract until the Secretary or Deputy
Secretary of Transportation and the Director, Office of Management
and Budget jointly certify to the House and Senate Committees
on Appropriations that funding for the IDS program for fiscal
years 2003 through 2007, funding for the National Distress and
Response System Modernization program to allow for full deployment of said system by 2006, and funding for other essential search
and rescue procurements, are fully funded in the Coast Guard
Capital Investment Plan and within the Office of Management
and Budget’s budgetary projections for the Coast Guard for those
years: Provided further, That none of the funds provided under
this heading may be obligated or expended for the Integrated Deepwater Systems (IDS) integration contract until the Secretary or
Deputy Secretary of Transportation and the Director, Office of
Management and Budget jointly approve a contingency procurement
strategy for the recapitalization of assets and capabilities envisioned
in the IDS: Provided further, That upon initial submission to the
Congress of the fiscal year 2003 President’s budget, the Secretary
of Transportation shall transmit to the Congress a comprehensive
capital investment plan for the United States Coast Guard which
includes funding for each budget line item for fiscal years 2003
through 2007, with total funding for each year of the plan constrained to the funding targets for those years as estimated and
approved by the Office of Management and Budget: Provided further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after initial submission of the President’s budget that the plan has not been submitted to the Congress:
Provided further, That the Director, Office of Management and
Budget shall submit the budget request for the IDS integration
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00004
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 837
contract delineating sub-headings which include the following: systems integrator, ship construction, aircraft, equipment, and communications, providing specific assets and costs under each subheading.
ENVIRONMENTAL COMPLIANCE
AND
RESTORATION
For necessary expenses to carry out the Coast Guard’s environmental compliance and restoration functions under chapter 19 of
title 14, United States Code, $16,927,000, to remain available until
expended.
ALTERATION
OF
BRIDGES
For necessary expenses for alteration or removal of obstructive
bridges, $15,466,000, to remain available until expended.
RETIRED PAY
For retired pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman’s Family Protection and
Survivor Benefits Plans, payment for career status bonuses under
the National Defense Authorization Act, and for payments for medical care of retired personnel and their dependents under the
Dependents Medical Care Act (10 U.S.C. ch. 55), $876,346,000.
RESERVE TRAINING
(INCLUDING
TRANSFER OF FUNDS)
For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services, $83,194,000: Provided, That no
more than $25,800,000 of funds made available under this heading
may be transferred to Coast Guard ‘‘Operating expenses’’ or otherwise made available to reimburse the Coast Guard for financial
support of the Coast Guard Reserve: Provided further, That none
of the funds in this Act may be used by the Coast Guard to
assess direct charges on the Coast Guard Reserves for items or
activities which were not so charged during fiscal year 1997.
RESEARCH, DEVELOPMENT, TEST,
AND
EVALUATION
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $20,222,000, to remain available until expended,
of which $3,492,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State
and local governments, other public authorities, private sources,
and foreign countries, for expenses incurred for research, development, testing, and evaluation.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00005
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 838
PUBLIC LAW 107–87—DEC. 18, 2001
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
Contracts.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 104–264, $6,886,000,000, of which $5,773,519,000 shall
be derived from the Airport and Airway Trust Fund, of which
not to exceed $5,452,871,000 shall be available for air traffic services
program activities; not to exceed $768,769,000 shall be available
for aviation regulation and certification program activities; not to
exceed $150,154,000 shall be available for civil aviation security
program activities; not to exceed $195,799,000 shall be available
for research and acquisition program activities; not to exceed
$12,456,000 shall be available for commercial space transportation
program activities; not to exceed $50,284,000 shall be available
for financial services program activities; not to exceed $69,516,000
shall be available for human resources program activities; not to
exceed $85,943,000 shall be available for regional coordination program activities; and not to exceed $109,208,000 shall be available
for staff offices: Provided, That none of the funds in this Act
shall be available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited
to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private
sources, for expenses incurred in the provision of agency services,
including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair or alteration forms: Provided further, That of the funds appropriated under
this heading, not less than $6,000,000 shall be for the contract
tower cost-sharing program: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standardsetting organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds in this Act
shall be available for paying premium pay under 5 U.S.C. 5546(a)
to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding
to such premium pay: Provided further, That none of the funds
in this Act may be obligated or expended to operate a manned
auxiliary flight service station in the contiguous United States:
Provided further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities conducted by,
or coordinated through, the Transportation Administrative Service
Center.
Jkt 099139
PO 00087
Frm 00006
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
FACILITIES
(AIRPORT
AND
115 STAT. 839
EQUIPMENT
AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and
hire of air navigation and experimental facilities and equipment
as authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites by lease
or grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related accommodations
for officers and employees of the Federal Aviation Administration
stationed at remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft from
funds available under this heading; to be derived from the Airport
and Airway Trust Fund, $2,914,000,000, of which $2,536,900,000
shall remain available until September 30, 2004, and of which
$377,100,000 shall remain available until September 30, 2002: Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment
and modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal year
2003 President’s budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment plan
for the Federal Aviation Administration which includes funding
for each budget line item for fiscal years 2003 through 2007, with
total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office
of Management and Budget: Provided further, That the amount
herein appropriated shall be reduced by $100,000 per day for each
day after initial submission of the President’s budget that the
plan has not been submitted to the Congress.
FACILITIES
(AIRPORT
AND
EQUIPMENT
AND AIRWAY TRUST FUND)
(RESCISSION)
Of the available balances under this heading, $15,000,000 are
rescinded.
RESEARCH, ENGINEERING,
(AIRPORT
AND
DEVELOPMENT
AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $195,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2004: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred for research,
engineering, and development.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00007
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 840
PUBLIC LAW 107–87—DEC. 18, 2001
GRANTS-IN-AID
(LIQUIDATION
FOR
AIRPORTS
OF CONTRACT AUTHORIZATION)
(LIMITATION
(AIRPORT
ON OBLIGATIONS)
AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for implementation
of section 203 of Public Law 106–181; and for inspection activities
and administration of airport safety programs, including those
related to airport operating certificates under section 44706 of title
49, United States Code, $1,800,000,000, to be derived from the
Airport and Airway Trust Fund and to remain available until
expended: Provided, That none of the funds under this heading
shall be available for the planning or execution of programs the
obligations for which are in excess of $3,300,000,000 in fiscal year
2002, notwithstanding section 47117(h) of title 49, United States
Code: Provided further, That notwithstanding any other provision
of law, not more than $57,050,000 of funds limited under this
heading shall be obligated for administration and not less than
$20,000,000 shall be for the Small Community Air Service Development Pilot Program.
GRANTS-IN-AID
(AIRPORT
(RESCISSION
FOR
AIRPORTS
AND AIRWAY TRUST FUND)
OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49 U.S.C. 48103,
as amended, $301,720,000 are rescinded.
AVIATION INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby authorized to make
such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section
104 of the Government Corporation Control Act, as amended (31
U.S.C. 9104), as may be necessary in carrying out the program
for aviation insurance activities under chapter 443 of title 49,
United States Code.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION
ON
ADMINISTRATIVE EXPENSES
Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $311,000,000, shall
be paid in accordance with law from appropriations made available
by this Act to the Federal Highway Administration together with
advances and reimbursements received by the Federal Highway
Administration: Provided, That of the funds available under section
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00008
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 841
104(a)(1)(A) of title 23, United States Code: $7,500,000 shall be
available for ‘‘Child Passenger Protection Education Grants’’ under
section 2003(b) of Public Law 105–178, as amended; $4,000,000
shall be available for motor carrier safety research; $841,000 shall
be available for the motor carrier crash data improvement program;
$6,000,000 shall be available for the nationwide differential global
positioning system program; and $1,500,000 for environmental
streamlining activities.
FEDERAL-AID HIGHWAYS
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for which
are in excess of $31,799,104,000 for Federal-aid highways and highway safety construction programs for fiscal year 2002: Provided,
That within the $31,799,104,000 obligation limitation on Federalaid highways and highway safety construction programs, not more
than $447,500,000 shall be available for the implementation or
execution of programs for transportation research (sections 502,
503, 504, 506, 507, and 508 of title 23, United States Code, as
amended; section 5505 of title 49, United States Code, as amended;
and sections 5112 and 5204–5209 of Public Law 105–178) for fiscal
year 2002: Provided further, That this limitation on transportation
research programs shall not apply to any funds authorized under
section 110 of title 23, United States Code, and allocated to these
programs, or to any authority previously made available for obligation: Provided further, That within the $225,000,000 obligation
limitation on Intelligent Transportation Systems, the following
sums shall be made available for Intelligent Transportation System
projects that are designed to achieve the goals and purposes set
forth in section 5203 of the Intelligent Transportation Systems
Act of 1998 (subtitle C of title V of Public Law 105–178; 112
Stat. 453; 23 U.S.C. 502 note) in the following specified areas:
Alameda-Contra Costa, California, $500,000;
Alaska statewide, $2500,000;
Alexandria, Virginia, $750,000;
Arizona statewide EMS, $500,000;
Army trail road traffic signal coordination project, Illinois,
$300,000;
Atlanta smart corridors, Georgia, $1,000,000;
Austin, Texas, $125,000;
Automated crash notification, UAB, Alabama, $2,500,000;
Bay County Area wide traffic signal system, Florida,
$500,000;
Beaver County transit mobility manager, Pennsylvania,
$800,000;
Brownsville, Texas, $250,000;
Carbondale technology transfer center, Pennsylvania,
$1,000,000;
Cargo mate logistics and intermodal management, New
York, $1,250,000;
Central Ohio, $1,500,000;
Chattanooga, Tennessee, $2,000,000;
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00009
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
23 USC 104 note.
APPS10
PsN: PUBL087
115 STAT. 842
PUBLIC LAW 107–87—DEC. 18, 2001
Chinatown intermodal transportation center, California,
$1,750,000;
Clark County, Washington, $1,000,000;
Commercial vehicle information systems and networks,
New York, $450,000;
Dayton, Ohio, $1,250,000;
Detroit, Michigan (airport), $1,500,000;
Durham, Wake Counties, North Carolina, $500,000;
Eastern Kentucky rural highway information, $2,000,000;
Fargo, North Dakota, $1,000,000;
Forsyth, Guilford Counties, North Carolina, $1,000,000;
Genesee County, Michigan, $1,000,000;
Great Lakes, Michigan, $1,500,000;
Guidestar, Minnesota, $6,000,000;
Harrison County, Mississippi, $500,000;
Hawaii statewide, $1,000,000;
Hoosier SAFE-T, Indiana, $2,000,000;
Houma, Louisiana, $1,000,000;
I–90 connector testbed, New York, $1,000,000;
Illinois statewide, $2,000,000;
Inglewood, California, $500,000;
Integrated transportation management system, Delaware
statewide, $2,000,000;
Iowa statewide, $562,000;
Jackson Metropolitan, Mississippi, $500,000;
James Madison University, Virginia, $1,500,000;
Kansas City, Kansas, $500,000;
Kittitas County workzone traffic safety system, Washington, $450,000;
Lansing, Michigan, $750,000;
Las Vegas, Nevada, $1,450,000;
Lexington, Kentucky, $750,000;
Libertyville traffic management center, Illinois, $760,000;
Long Island rail road grade crossing deployment, New York,
$1,000,000;
Macomb, Michigan (border crossing), $1,000,000;
Maine statewide (rural), $500,000;
Maryland statewide, $1,000,000;
Miami-Dade, Florida, $1,000,000;
Monterey-Salinas, California, $750,000;
Montgomery County ECC & TMC, Maryland, $1,000,000;
Moscow, Idaho, $1,000,000;
Nebraska statewide, $4,000,000;
New York statewide information exchange systems, New
York, $500,000;
New York, New Jersey, Connecticut (TRANSCOM),
$2,500,000;
North Greenbush, New York, $1,000,000;
Oklahoma statewide, $3,000,000;
Oxford, Mississippi, $500,000;
Pennsylvania statewide (turnpike), $500,000;
Philadelphia, Pennsylvania, $1,033,000;
Philadelphia, Pennsylvania (Drexel), $1,500,000;
Pioneer Valley, Massachusetts, $1,500,000;
Port of Long Beach, California, $500,000;
Port of Tacoma trucker congestion notification system,
Washington, $200,000;
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00010
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 843
Roadside animal detection test-bed, Montana, $500,000;
Rochester-Genesse, New York, $800,000;
Rutland, Vermont, $750,000;
Sacramento, California, $3,000,000;
San Diego joint transportation operations center, California, $1,500,000;
San Francisco central control communications, California,
$250,000;
Santa Anita, California, $300,000;
Santa Teresa, New Mexico, $750,000;
Shreveport, Louisiana, $750,000;
Silicon Valley transportation management center, California, $700,000;
South Carolina DOT, $3,000,000;
Southeast Corridor, Colorado, $7,000,000;
Southern Nevada (bus), $1,100,000;
Spillway road incident management system, Mississippi,
$600,000;
St. Louis, Missouri, $1,000,000;
Statewide transportation operations center, Kentucky,
$2,000,000;
Superior, I–39 corridor, Wisconsin, $2,500,000;
Texas statewide, $2,000,000;
Travel network, South Dakota, $2,325,000;
University of Arizona ATLAS Center, Arizona, $500,000;
Utah Statewide, $560,000;
Vermont statewide (rural), $1,500,000;
Washington statewide, $4,500,000;
Washington, D.C. metropolitan region, $2,000,000;
Wayne County road information management system,
Michigan, $1,500,000;
Wichita, Kansas, $1,200,000;
Wisconsin communications network, $310,000;
Wisconsin statewide, $1,000,000; and
Yakima County adverse weather operations, Washington,
$475,000:
Provided further, That, notwithstanding any other provision of law,
funds authorized under section 110 of title 23, United States Code,
for fiscal year 2002 shall be apportioned to the States in accordance
with the distribution set forth in section 110(b)(4)(A) and (B) of
title 23, United States Code, except that before such apportionments
are made, $35,565,651 shall be set aside for the program authorized
under section 1101(a)(8)(A) of the Transportation Equity Act for
the 21st Century, as amended, and section 204 of title 23, United
States Code; $31,815,091 shall be set aside for the program authorized under section 1101(a)(8)(B) of the Transportation Equity Act
for the 21st Century, as amended, and section 204 of title 23,
United States Code; $21,339,391 shall be set aside for the program
authorized under section 1101(a)(8)(C) of the Transportation Equity
Act for the 21st Century, as amended, and section 204 of title
23, United States Code; $2,586,593 shall be set aside for the program authorized under section 1101(a)(8)(D) of the Transportation
Equity Act for the 21st Century, as amended, and section 204
of title 23, United States Code; $25,579,000 shall be set aside
for the program authorized under section 129(c) of title 23, United
States Code, and section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991, as amended; $352,256,000 shall be
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00011
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 844
PUBLIC LAW 107–87—DEC. 18, 2001
set aside for the programs authorized under sections 1118 and
1119 of the Transportation Equity Act for the 21st Century, as
amended; $3,348,128 shall be set aside for the program authorized
under section 1101(a)(11) of the Transportation Equity Act for the
21st Century, as amended and section 162 of title 23, United
States Code; $76,025,000 shall be set aside for the program authorized under section 118(c) of title 23, United States Code; $62,450,000
shall be set aside for the program authorized under section 144(g)
of title 23, United States Code; $251,092,600 shall be set aside
for the program authorized under section 1221 of the Transportation
Equity Act for the 21st Century, as amended; $10,000,000 shall
be set aside for the program authorized under section 502(e) of
title 23, United States Code; $56,300,000 shall be available for
border infrastructure improvements; $45,122,600 shall be available
for allocation by the Secretary for public lands highways; and
$23,896,000 shall be set aside and transferred to the Federal Motor
Carrier Safety Administration as authorized by section 102 of Public
Law 106–159: Provided further, That, of the funds to be apportioned
to each State under section 110 for fiscal year 2002, the Secretary
shall ensure that such funds are apportioned for the programs
authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),
1101(a)(4), and 1101(a)(5) of the Transportation Equity Act for
the 21st Century, as amended, in the same ratio that each State
is apportioned funds for such programs in fiscal year 2002 but
for this section.
FEDERAL-AID HIGHWAYS
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(HIGHWAY
TRUST FUND)
Notwithstanding any other provision of law, for carrying out
the provisions of title 23, United States Code, that are attributable
to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise
provided, including reimbursement for sums expended pursuant
to the provisions of 23 U.S.C. 308, $30,000,000,000 or so much
thereof as may be available in and derived from the Highway
Trust Fund, to remain available until expended.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law
102–240, as amended, $200,000,000, to remain available until
expended.
STATE INFRASTRUCTURE BANKS
(RESCISSION)
Of the funds made available for State Infrastructure Banks
in Public Law 104–205, $5,750,000 are rescinded.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00012
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 845
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY
LIMITATION ON ADMINISTRATIVE EXPENSES
(INCLUDING
RESCISSION OF FUNDS)
For necessary expenses for administration of motor carrier
safety programs and motor carrier safety research, pursuant to
section 104(a)(1)(B) of title 23, United States Code, not to exceed
$110,000,000 shall be paid in accordance with law from appropriations made available by this Act and from any available takedown balances to the Federal Motor Carrier Safety Administration,
together with advances and reimbursements received by the Federal
Motor Carrier Safety Administration: Provided, That such amounts
shall be available to carry out the functions and operations of
the Federal Motor Carrier Safety Administration.
Of the unobligated balances authorized under 23 U.S.C.
104(a)(1)(B), $6,665,342 are rescinded.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106 and
31309, $205,896,000, to be derived from the Highway Trust Fund
and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation
or execution of programs the obligations for which are in excess
of $182,000,000 for ‘‘Motor Carrier Safety Grants’’, and ‘‘Information
Systems’’: Provided further, That notwithstanding any other provision of law, of the $23,896,000 provided under 23 U.S.C. 110,
$18,000,000 shall be for border State grants and $4,837,000 shall
be for State commercial driver’s license program improvements.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS
AND
RESEARCH
For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under chapter
301 of title 49, United States Code, and part C of subtitle VI
of title 49, United States Code, $127,780,000, of which $95,835,000
shall remain available until September 30, 2004: Provided, That
none of the funds appropriated by this Act may be obligated or
expended to plan, finalize, or implement any rulemaking to add
to section 575.104 of title 49 of the Code of Federal Regulations
any requirement pertaining to a grading standard that is different
from the three grading standards (treadwear, traction, and temperature resistance) already in effect.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00013
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 846
PUBLIC LAW 107–87—DEC. 18, 2001
OPERATIONS
(LIQUIDATION
RESEARCH
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
(INCLUDING
AND
TRUST FUND)
RESCISSION OF CONTRACT AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, to remain available until expended,
$72,000,000, to be derived from the Highway Trust Fund: Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 2002, are in excess of $72,000,000 for programs
authorized under 23 U.S.C. 403.
Of the unobligated balances authorized under 23 U.S.C. 403,
$1,516,000 are rescinded.
NATIONAL DRIVER REGISTER
(HIGHWAY
TRUST FUND)
For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter
303 of title 49, United States Code, $2,000,000, to be derived from
the Highway Trust Fund, and to remain available until expended.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION
OF CONTRACT AUTHORIZATION)
(LIMITATION
ON OBLIGATIONS)
(HIGHWAY
TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C.
402, 405, 410, and 411 to remain available until expended,
$223,000,000, to be derived from the Highway Trust Fund: Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 2002, are in excess of $223,000,000 for programs
authorized under 23 U.S.C. 402, 405, 410, and 411 of which
$160,000,000 shall be for ‘‘Highway Safety Programs’’ under 23
U.S.C. 402, $15,000,000 shall be for ‘‘Occupant Protection Incentive
Grants’’ under 23 U.S.C. 405, $38,000,000 shall be for ‘‘AlcoholImpaired Driving Countermeasures Grants’’ under 23 U.S.C. 410,
and $10,000,000 shall be for the ‘‘State Highway Safety Data
Grants’’ under 23 U.S.C. 411: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local, or private
buildings or structures: Provided further, That not to exceed
$8,000,000 of the funds made available for section 402, not to
exceed $750,000 of the funds made available for section 405, not
to exceed $1,900,000 of the funds made available for section 410,
and not to exceed $500,000 of the funds made available for section
411 shall be available to NHTSA for administering highway safety
grants under chapter 4 of title 23, United States Code: Provided
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00014
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 847
further, That not to exceed $500,000 of the funds made available
for section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’
shall be available for technical assistance to the States.
FEDERAL RAILROAD ADMINISTRATION
SAFETY
AND
OPERATIONS
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $110,857,000, of which $6,509,000 shall
remain available until expended.
RAILROAD RESEARCH
AND
DEVELOPMENT
For necessary expenses for railroad research and development,
$29,000,000, to remain available until expended.
RAILROAD REHABILITATION
AND IMPROVEMENT
PROGRAM
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94–210), as amended, in such amounts
and at such times as may be necessary to pay any amounts required
pursuant to the guarantee of the principal amount of obligations
under sections 511 through 513 of such Act, such authority to
exist as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as amended,
no new direct loans or loan guarantee commitments shall be made
using Federal funds for the credit risk premium during fiscal year
2002.
NEXT GENERATION HIGH-SPEED RAIL
For necessary expenses for the Next Generation High-Speed
Rail program as authorized under 49 U.S.C. 26101 and 26102,
$32,300,000, to remain available until expended.
ALASKA RAILROAD REHABILITATION
To enable the Secretary of Transportation to make grants to
the Alaska Railroad, $20,000,000 shall be for capital rehabilitation
and improvements benefiting its passenger operations, to remain
available until expended.
CAPITAL GRANTS
TO THE NATIONAL RAILROAD
CORPORATION
PASSENGER
For necessary expenses of capital improvements of the National
Railroad Passenger Corporation as authorized by 49 U.S.C.
24104(a), $521,476,000, to remain available until expended.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $13,400,000: Provided, That no more than
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00015
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 848
PUBLIC LAW 107–87—DEC. 18, 2001
$67,000,000 of budget authority shall be available for these purposes: Provided further, That of the funds in this Act available
for the execution of contracts under section 5327(c) of title 49,
United States Code, $2,000,000 shall be reimbursed to the Department of Transportation’s Office of Inspector General for costs associated with audits and investigations of transit-related issues,
including reviews of new fixed guideway systems: Provided further,
That not to exceed $2,600,000 for the National transit database
shall remain available until expended.
FORMULA GRANTS
(INCLUDING
Utah.
TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105–178,
$718,400,000, to remain available until expended: Provided, That
no more than $3,592,000,000 of budget authority shall be available
for these purposes: Provided further, That, notwithstanding any
other provision of law, of the funds provided under this heading,
$5,000,000 shall be available for grants for the costs of planning,
delivery, and temporary use of transit vehicles for special transportation needs and construction of temporary transportation facilities
for the VIII Paralympiad for the Disabled, to be held in Salt
Lake City, Utah: Provided further, That in allocating the funds
designated in the preceding proviso, the Secretary shall make grants
only to the Utah Department of Transportation, and such grants
shall not be subject to any local share requirement or limitation
on operating assistance under this Act or the Federal Transit Act,
as amended: Provided further, That notwithstanding section 3008
of Public Law 105–178 and 49 U.S.C. 5309(m)(3)(C), $50,000,000
of the funds to carry out 49 U.S.C. 5308 shall be transferred
to and merged with funding provided for the replacement,
rehabilitation, and purchase of buses and related equipment and
the construction of bus-related facilities under ‘‘Federal Transit
Administration, Capital investment grants’’.
UNIVERSITY TRANSPORTATION RESEARCH
For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000,
to remain available until expended: Provided, That no more than
$6,000,000 of budget authority shall be available for these purposes.
TRANSIT PLANNING
AND
RESEARCH
For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $23,000,000,
to remain available until expended: Provided, That no more than
$116,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide
rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000
is available to carry out programs under the National Transit
Institute (49 U.S.C. 5315), $8,250,000 is available to carry out
transit cooperative research programs (49 U.S.C. 5313(a)),
$55,422,400 is available for metropolitan planning (49 U.S.C. 5303,
5304, and 5305), $11,577,600 is available for State planning (49
U.S.C. 5313(b)); and $31,500,000 is available for the national planning and research program (49 U.S.C. 5314).
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00016
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
TRUST FUND SHARE
(LIQUIDATION
OF
115 STAT. 849
EXPENSES
OF CONTRACT AUTHORIZATION)
(HIGHWAY
TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310–
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038
of Public Law 105–178, $5,397,800,000, to remain available until
expended, and to be derived from the Mass Transit Account of
the Highway Trust Fund: Provided, That $2,873,600,000 shall be
paid to the Federal Transit Administration’s formula grants
account: Provided further, That $93,000,000 shall be paid to the
Federal Transit Administration’s transit planning and research
account: Provided further, That $53,600,000 shall be paid to the
Federal Transit Administration’s administrative expenses account:
Provided further, That $4,800,000 shall be paid to the Federal
Transit Administration’s university transportation research
account: Provided further, That $100,000,000 shall be paid to the
Federal Transit Administration’s job access and reverse commute
grants program: Provided further, That $2,272,800,000 shall be
paid to the Federal Transit Administration’s capital investment
grants account.
CAPITAL INVESTMENT GRANTS
(INCLUDING
TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $568,200,000, to remain available until expended:
Provided, That no more than $2,841,000,000 of budget authority
shall be available for these purposes: Provided further, That there
shall be available for fixed guideway modernization, $1,136,400,000;
there shall be available for the replacement, rehabilitation, and
purchase of buses and related equipment and the construction
of bus-related facilities, $568,200,000, together with $50,000,000
transferred from ‘‘Federal Transit Administration, Formula Grants’’;
and there shall be available for new fixed guideway systems
$1,136,400,000, together with $1,488,840 of the funds made available under ‘‘Federal Transit Administration, Capital investment
grants’’ in Public Law 105–277; to be available as follows:
$10,296,000 for Alaska or Hawaii ferry projects;
$1,000,000 for the Albuquerque, New Mexico, light rail
project;
$25,000,000 for the Atlanta, Georgia, North line extension
project;
$13,000,000 for the Baltimore, Maryland, central light rail
transit double track project;
$1,500,000 for the Baltimore, Maryland, rail transit project;
$2,000,000 for the Birmingham, Alabama, transit corridor
project;
$10,631,245 for the Boston, Massachusetts, South Boston
Piers transitway project;
$500,000 for the Boston, Massachusetts, urban ring transit
project;
$7,000,000 for the Charlotte, North Carolina, South corridor light rail transit project;
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00017
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 850
PUBLIC LAW 107–87—DEC. 18, 2001
$32,750,000 for the Chicago, Illinois, Douglas branch
reconstruction project;
$55,000,000 for the Chicago, Illinois, METRA commuter
rail and line extension projects;
$3,000,000 for the Chicago, Illinois, Ravenswood
reconstruction project;
$6,000,000 for the Cleveland, Ohio, Euclid corridor
transportation project;
$70,000,000 for the Dallas, Texas, North Central light rail
transit extension project;
$55,000,000 for the Denver, Colorado, Southeast corridor
light rail transit project;
$192,492 for the Denver, Colorado, Southwest corridor light
rail transit project;
$150,000 for the Des Moines, Iowa, DSM bus feasibility
project;
$200,000 for the Dubuque, Iowa, light rail feasibility
project;
$25,000,000 for the Dulles corridor, Virginia, bus rapid
transit project;
$27,000,000 for the Fort Lauderdale, Florida, Tri-County
commuter rail upgrades project;
$2,000,000 for the Fort Worth, Texas, Trinity railway
express project;
$750,000 for the Grand Rapids, Michigan, ITP metro area,
major corridor project;
$12,000,000 for Honolulu, Hawaii, bus rapid transit project;
$10,000,000 for the Houston, Texas, Metro advanced transit
project;
$300,000 for the Iowa, Metrolink light rail feasibility
project;
$1,500,000 for the Johnson County, Kansas-Kansas City,
Missouri, I–35 commuter rail project;
$2,000,000 for the Kenosha-Racine-Milwaukee, Wisconsin,
commuter rail extension project;
$55,000,000 for the Largo, Maryland, metrorail extension
project;
$2,000,000 for the Little Rock, Arkansas, river rail project;
$14,744,420 for the Long Island Rail Road, New York,
East Side access project;
$9,289,557 for the Los Angeles, California, North Hollywood extension project;
$7,500,000 for the Los Angeles, California, East Side corridor light rail transit project;
$3,000,000 for the Lowell, Massachusetts-Nashua, New
Hampshire commuter rail extension project;
$12,000,000 for the Maryland (MARC) commuter rail
improvements projects;
$19,170,000 for the Memphis, Tennessee, Medical center
rail extension project;
$5,000,000 for the Miami, Florida, South Miami-Dade
busway extension project;
$10,000,000 for the Minneapolis-Rice, Minnesota, Northstar
corridor commuter rail project;
$50,000,000 for the Minneapolis-St. Paul, Minnesota, Hiawatha corridor light rail transit project;
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00018
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 851
$4,000,000 for the Nashville, Tennessee, East corridor commuter rail project;
$141,000,000 for the New Jersey Hudson-Bergen light rail
transit project;
$15,000,000 for the New Orleans, Louisiana, Canal Street
car line project;
$1,200,000 for the New Orleans, Louisiana, Desire corridor
streetcar project;
$2,000,000 for the New York, New York, Second Avenue
subway project;
$20,000,000 for the Newark-Elizabeth, New Jersey, rail
link project;
$2,500,000 for the Northeast Indianapolis, Indiana, downtown corridor project;
$2,500,000 for the Northern Indiana South Shore commuter
rail project;
$6,500,000 for the Oceanside-Escondido, California, light
rail extension project;
$500,000 for the Ohio, Central Ohio North corridor rail
(COTA) project;
$5,000,000 for the Pawtucket-TF Green, Rhode Island, commuter rail and maintenance facility project;
$9,000,000 for the Philadelphia, Pennsylvania, Schuykill
Valley metro project;
$10,000,000 for the Phoenix, Arizona, Central Phoenix/East
Valley corridor project;
$8,000,000 for the Pittsburgh, Pennsylvania, North Shore
connector light rail transit project;
$18,000,000 for the Pittsburgh, Pennsylvania, stage II light
rail transit reconstruction project;
$64,000,000 for the Portland, Oregon, Interstate MAX light
rail transit extension project;
$20,000,000 for the Puget Sound, Washington, RTA
Sounder commuter rail project;
$9,000,000 for the Raleigh, North Carolina, Triangle transit
project;
$328,000 for the Sacramento, California, light rail transit
extension project;
$14,000,000 for the Salt Lake City, Utah, CBD to University light rail transit project;
$3,000,000 for the Salt Lake City, Utah, University Medical
Center light rail transit extension project;
$60,000,000 for the San Diego, California, Mission Valley
East light rail project;
$1,000,000 for the San Diego, California, Mid Coast corridor
project;
$75,673,790 for the San Francisco, California, BART extension to the airport project;
$113,336 for the San Jose, California, Tasman West light
rail transit project;
$40,000,000 for the San Juan, Puerto Rico, Tren Urbano
project;
$1,700,000 for the Sioux City, Iowa, light rail project;
$28,000,000 for the St. Louis-St. Clair, Missouri, metrolink
extension project;
$5,000,000 for the Stamford, Connecticut, urban transitway
project;
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00019
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 852
PUBLIC LAW 107–87—DEC. 18, 2001
$3,000,000 for the Stockton, California, Altamont commuter
rail project;
$3,000,000 for the Virginia Railway Express station
improvements project;
$500,000 for the Washington County, Oregon, Wilsonville
to Beaverton commuter rail project;
$2,500,000 for the Wasilla, Alaska, alternative route
project; and
$400,000 for the Yosemite, California, area regional
transportation system project.
JOB ACCESS
AND
REVERSE COMMUTE GRANTS
Notwithstanding section 3037(l)(3) of Public Law 105–178, as
amended, for necessary expenses to carry out section 3037 of the
Federal Transit Act of 1998, $25,000,000, to remain available until
expended: Provided, That no more than $125,000,000 of budget
authority shall be available for these purposes: Provided further,
That up to $250,000 of the funds provided under this heading
may be used by the Federal Transit Administration for technical
assistance and support and performance reviews of the Job Access
and Reverse Commute Grants program.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
OPERATIONS
(HARBOR
AND
MAINTENANCE
MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained
by the Saint Lawrence Seaway Development Corporation,
$13,345,000, to be derived from the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
RESEARCH
AND
SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $37,279,000, of
which $645,000 shall be derived from the Pipeline Safety Fund,
and of which $2,170,000 shall remain available until September
30, 2004: Provided, That up to $1,200,000 in fees collected under
49 U.S.C. 5108(g) shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That there may
be credited to this appropriation, to be available until expended,
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00020
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 853
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training,
for reports publication and dissemination, and for travel expenses
incurred in performance of hazardous materials exemptions and
approvals functions.
PIPELINE SAFETY
(PIPELINE
(OIL
SAFETY FUND)
SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$58,250,000, of which $7,864,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until September 30, 2004; of which $50,386,000 shall be derived from the
Pipeline Safety Fund, of which $30,828,000 shall remain available
until September 30, 2004.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY
PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,
to be derived from the Emergency Preparedness Fund, to remain
available until September 30, 2004: Provided, That not more than
$14,300,000 shall be made available for obligation in fiscal year
2002 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):
Provided further, That none of the funds made available by 49
U.S.C. 5116(i) and 5127(d) shall be made available for obligation
by individuals other than the Secretary of Transportation, or his
designee.
OFFICE OF INSPECTOR GENERAL
SALARIES
AND
EXPENSES
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $50,614,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.
3) to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department: Provided further, That
the funds made available under this heading shall be used to
investigate, pursuant to section 41712 of title 49, United States
Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents;
and (2) the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00021
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 854
PUBLIC LAW 107–87—DEC. 18, 2001
SURFACE TRANSPORTATION BOARD
SALARIES
AND
EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $18,457,000: Provided, That notwithstanding any other provision of law, not to
exceed $950,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during
fiscal year 2002, to result in a final appropriation from the general
fund estimated at no more than $17,507,000.
TITLE II
RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS
COMPLIANCE BOARD
SALARIES
AND
EXPENSES
For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502
of the Rehabilitation Act of 1973, as amended, $5,015,000: Provided,
That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES
AND
EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902) $68,000,000, of which not to exceed $2,000 may be
used for official reception and representation expenses.
TITLE III
GENERAL PROVISIONS
(INCLUDING
TRANSFERS OF FUNDS)
SEC. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for
maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00022
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 855
SEC. 302. Such sums as may be necessary for fiscal year 2002
pay raises for programs funded in this Act shall be absorbed within
the levels appropriated in this Act or previous appropriations Acts.
SEC. 303. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 304. None of the funds in this Act shall be available
for salaries and expenses of more than 105 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision or political and
Presidential appointees in an independent agency funded in this
Act may be assigned on temporary detail outside the Department
of Transportation or such independent agency except to the Office
of Homeland Security.
SEC. 305. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 306. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 307. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 308. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
SEC. 309. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 310. (a) For fiscal year 2002, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid Highways amounts authorized for administrative expenses
and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code,
for the highway use tax evasion program, amounts provided
under section 110 of title 23, United States Code, and for
the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for the previous fiscal year the
funds for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid Highways
less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highways and highway safety construction
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00023
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
Contracts.
Public
information.
49 USC 5338
note.
23 USC 104 note.
APPS10
PsN: PUBL087
115 STAT. 856
PUBLIC LAW 107–87—DEC. 18, 2001
programs (other than sums authorized to be appropriated
for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(8)) for such fiscal
year less the aggregate of the amounts not distributed
under paragraph (1) of this subsection;
(4) distribute the obligation limitation for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) of section 117 of title 23, United States
Code (relating to high priority projects program), section 201
of the Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of title
23, United States Code (relating to minimum guarantee) so
that the amount of obligation authority available for each of
such sections is equal to the amount determined by multiplying
the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case
of section 105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided for Federalaid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the
Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined
under paragraph (3) by the sums authorized to be appropriated
for such program for such fiscal year; and
(6) distribute the obligation limitation provided for Federalaid Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety
construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for
the minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal
year, bear to
(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for
such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid Highways shall not apply to obligations:
(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under sections 131(b) and 131( j) of the Surface Transportation
Assistance Act of 1982; (5) under sections 149(b) and 149(c) of
the Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under section
157 of title 23, United States Code, as in effect on the day before
the date of the enactment of the Transportation Equity Act for
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00024
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 857
the 21st Century; and (8) under section 105 of title 23, United
States Code (but, only in an amount equal to $639,000,000 for
such fiscal year).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1
for such fiscal year revise a distribution of the obligation limitation
made available under subsection (a) if a State will not obligate
the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal year
giving priority to those States having large unobligated balances
of funds apportioned under sections 104 and 144 of title 23, United
States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of
title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1943–1945).
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply
to transportation research programs carried out under chapter 5
of title 23, United States Code, except that obligation authority
made available for such programs under such limitation shall
remain available for a period of 3 fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later
than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the
States any funds: (1) that are authorized to be appropriated for
such fiscal year for Federal-aid highways programs (other than
the program under section 160 of title 23, United States Code)
and for carrying out subchapter I of chapter 311 of title 49, United
States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary determines
will not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obligation authority
under subsection (a)(6). The funds so distributed shall be available
for any purposes described in section 133(b) of title 23, United
States Code.
(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth
in subsection (a)(4) shall remain available until used and shall
be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
SEC. 311. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 312. None of the funds in this Act shall be available
to plan, finalize, or implement regulations that would establish
a vessel traffic safety fairway less than five miles wide between
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00025
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
Deadline.
APPS10
PsN: PUBL087
115 STAT. 858
49 USC 44502
note.
49 USC 5327
note.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
PUBLIC LAW 107–87—DEC. 18, 2001
the Santa Barbara Traffic Separation Scheme and the San Francisco
Traffic Separation Scheme.
SEC. 313. Notwithstanding any other provision of law, airports
may transfer, without consideration, to the Federal Aviation
Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement
program grant: Provided, That, the Federal Aviation Administration
shall accept such equipment, which shall thereafter be operated
and maintained by FAA in accordance with agency criteria.
SEC. 314. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital
investment grants’’ for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2004, and other recoveries, shall be made available for other projects
under 49 U.S.C. 5309.
SEC. 315. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2001, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 316. None of the funds in this Act may be used to compensate in excess of 335 technical staff-years under the federally
funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2002.
SEC. 317. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad
Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training
may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit
Administration’s ‘‘Transit Planning and Research’’ account, and to
the Federal Railroad Administration’s ‘‘Safety and Operations’’
account, except for State rail safety inspectors participating in
training pursuant to 49 U.S.C. 20105.
SEC. 318. Of the funds made available under section 1101(a)(12)
and section 1503 of Public Law 105–178, as amended, $52,973,000
are rescinded.
SEC. 319. Beginning in fiscal year 2002 and thereafter, the
Secretary may use up to 1 percent of the amounts made available
to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C.
5327.
SEC. 320. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)
may be used to construct new vessels and facilities, or to improve
existing vessels and facilities, including both the passenger and
vehicle-related elements of such vessels and facilities, and for repair
facilities: Provided, That not more than $3,000,000 of the funds
made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used
by the State of Hawaii to initiate and operate a passenger ferryboat
services demonstration project to test the viability of different intraisland and inter-island ferry routes.
Jkt 099139
PO 00087
Frm 00026
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 859
SEC. 321. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111
may be credited to the Federal-aid highways account for the purpose
of reimbursing the Bureau for such expenses: Provided, That such
funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction.
SEC. 322. Section 3030(a) of the Transportation Equity Act
for the 21st Century (Public Law 105–178) is amended by adding
at the end, the following line: ‘‘Washington County—Wilsonville
to Beaverton commuter rail.’’.
SEC. 323. Section 3030(b) of the Transportation Equity Act
for the 21st Century (Public Law 105–178) is amended by adding
at the end the following: ‘‘Detroit, Michigan Metropolitan Airport
rail project.’’.
SEC. 324. None of the funds in this Act may be obligated
or expended for employee training which: (a) does not meet identified needs for knowledge, skills and abilities bearing directly upon
the performance of official duties; (b) contains elements likely to
induce high levels of emotional response or psychological stress
in some participants; (c) does not require prior employee notification
of the content and methods to be used in the training and written
end of course evaluations; (d) contains any methods or content
associated with religious or quasi-religious belief systems or ‘‘new
age’’ belief systems as defined in Equal Employment Opportunity
Commission Notice N–915.022, dated September 2, 1988; (e) is
offensive to, or designed to change, participants’ personal values
or lifestyle outside the workplace; or (f) includes content related
to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees
more aware of the medical ramifications of HIV/AIDS and the
workplace rights of HIV-positive employees.
SEC. 325. None of the funds in this Act shall, in the absence
of express authorization by Congress, be used directly or indirectly
to pay for any personal service, advertisement, telegraph, telephone,
letter, printed or written material, radio, television, video presentation, electronic communications, or other device, intended or
designed to influence in any manner a Member of Congress or
of a State legislature to favor or oppose by vote or otherwise,
any legislation or appropriation by Congress or a State legislature
after the introduction of any bill or resolution in Congress proposing
such legislation or appropriation, or after the introduction of any
bill or resolution in a State legislature proposing such legislation
or appropriation: Provided, That this shall not prevent officers
or employees of the Department of Transportation or related agencies funded in this Act from communicating to Members of Congress
or to Congress, on the request of any Member, or to members
of State legislature, or to a State legislature, through the proper
official channels, requests for legislation or appropriations which
they deem necessary for the efficient conduct of business.
SEC. 326. (a) IN GENERAL.—None of the funds made available
in this Act may be expended by an entity unless the entity agrees
that in expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING
NOTICE.—
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00027
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
112 Stat. 373.
112 Stat. 375.
APPS10
PsN: PUBL087
115 STAT. 860
PUBLIC LAW 107–87—DEC. 18, 2001
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 327. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department from travel management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of the Department and allocated to elements of the Department using fair and equitable criteria and such funds shall be
available until December 31, 2002.
SEC. 328. 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 repurchase such stock upon the payment to the Department of an amount determined by the Secretary.
SEC. 329. For necessary expenses of the Amtrak Reform Council
authorized under section 203 of Public Law 105–134, $225,000.
SEC. 330. In addition to amounts otherwise made available
in this Act, to enable the Secretary of Transportation to make
grants for surface transportation projects, $144,000,000, to remain
available until expended.
SEC. 331. During fiscal year 2002, for providing support to
the Department of Defense, the Coast Guard Yard and other Coast
Guard specialized facilities designated by the Commandant shall
qualify as components of the Department of Defense for competition
and workload assignment purposes: Provided, That in addition,
for purposes of entering into joint public-private partnerships and
other cooperative arrangements for the performance of work, the
Coast Guard Yard and other Coast Guard specialized facilities
may enter into agreements or other arrangements, receive and
retain funds from and pay funds to such public and private entities,
and may accept contributions of funds, materials, services, and
the use of facilities from such entities: Provided further, That
amounts received under this section may be credited to appropriate
Coast Guard accounts for fiscal year 2002.
SEC. 332. None of the funds in this Act may be used to make
a grant unless the Secretary of Transportation notifies the House
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00028
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 861
and Senate Committees on Appropriations not less than 3 full
business days before any discretionary grant award, letter of intent,
or full funding grant agreement totaling $1,000,000 or more is
announced by the department or its modal administrations from:
(1) any discretionary grant program of the Federal Highway
Administration other than the emergency relief program; (2) the
airport improvement program of the Federal Aviation Administration; or (3) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization
programs: Provided, That no notification shall involve funds that
are not available for obligation.
SEC. 333. (a) None of the funds made available in this Act
shall be available for the design or construction of a light rail
system in Houston, Texas.
(b) Notwithstanding (a), amounts made available in this Act
under the heading ‘‘Federal Transit Administration, Capital investment grants’’ for a Houston, Texas, Metro advanced transit plan
project shall be available for obligation or expenditure subject to
the following conditions:
(1) Sufficient amounts shall be used for major investment
studies in 4 major corridors.
(2) The Texas Department of Transportation shall review
and comment on the findings of the studies under paragraph
(1). Any comments by such department on such findings shall
be included in any final report on such studies.
(3) If a final report on the studies under paragraph (1)
is not available for at least the 1-month period preceding the
date of any referendum held by the City of Houston, Texas,
or by a county of Texas, regarding approval of the issuance
of bonds for funding a light rail system in Houston, Texas,
all information developed by such studies regarding passenger
and cost estimates for such a system shall be made available
to the public at least 1 month before the date of the referendum.
SEC. 334. None of the funds made available in this Act may
be used for engineering work related to an additional runway at
New Orleans International Airport.
SEC. 335. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
SEC. 336. Notwithstanding any other provision of law, whenever
an allocation is made of the sums authorized to be appropriated
for expenditure on the Federal lands highway program, and whenever an apportionment is made of the sums authorized to be appropriated for expenditure on the surface transportation program, the
congestion mitigation and air quality improvement program, the
National Highway System, the Interstate maintenance program,
the bridge program, the Appalachian development highway system,
and the minimum guarantee program, the Secretary of Transportation shall deduct a sum in such amount not to exceed two-
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00029
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 862
Reports.
112 Stat. 306.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
PUBLIC LAW 107–87—DEC. 18, 2001
fifths of 1 percent of all sums so made available, as the Secretary
determines necessary, to administer the provisions of law to be
financed from appropriations for motor carrier safety programs
and motor carrier safety research. The sum so deducted shall
remain available until expended: Provided, That any deduction
by the Secretary of Transportation in accordance with this paragraph shall be deemed to be a deduction under section 104(a)(1)(B)
of title 23, United States Code.
SEC. 337. For an airport project that the Administrator of
the Federal Aviation Administration (FAA) determines will add
critical airport capacity to the national air transportation system,
the Administrator is authorized to accept funds from an airport
sponsor, including entitlement funds provided under the ‘‘Grantsin-Aid for Airports’’ program, for the FAA to hire additional staff
or obtain the services of consultants: Provided, That the Administrator is authorized to accept and utilize such funds only for the
purpose of facilitating the timely processing, review, and completion
of environmental activities associated with such project.
SEC. 338. None of the funds made available in this Act may
be used to further any efforts toward developing a new regional
airport for southeast Louisiana until a comprehensive plan is submitted by a commission of stakeholders to the Administrator of
the Federal Aviation Administration and that plan, as approved
by the Administrator, is submitted to and approved by the Senate
Committee on Appropriations and the House Committee on Appropriations.
SEC. 339. Notwithstanding any other provision of law, States
may use funds provided in this Act under section 402 of title
23, United States Code, to produce and place highway safety public
service messages in television, radio, cinema and print media, and
on the Internet in accordance with guidance issued by the Secretary
of Transportation: Provided, That any State that uses funds for
such public service messages shall submit to the Secretary a report
describing and assessing the effectiveness of the messages: Provided
further, That $8,000,000 of the funds allocated for innovative seat
belt projects under section 157 of title 23, United States Code,
shall be used by the States, as directed by the National Highway
Traffic Safety Administrator, to purchase advertising in broadcast
or print media to publicize the States’ seat belt enforcement efforts
during one or more of the Operation ABC National Mobilizations:
Provided further, That up to $2,000,000 of the funds allocated
for innovative seat belt projects under section 157 of title 23, United
States Code, shall be used by the Administrator to evaluate the
effectiveness of State seat belt programs that purchase advertising
as provided by this section.
SEC. 340. Item 1348 of the table contained in section 1602
of the Transportation Equity Act for the 21st Century is amended
by striking ‘‘Extend West Douglas Road’’ and inserting ‘‘Construct
Gastineau Channel Second Crossing to Douglas Island’’.
SEC. 341. None of the funds in this Act may be obligated
for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated
to the modal administrations 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.
Jkt 099139
PO 00087
Frm 00030
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 863
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 Metropolitan 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 provision of law, historic covered bridges eligible for Federal assistance
under section 1224 of the Transportation Equity Act for the 21st
Century, as amended, may be funded from amounts set aside for
the discretionary bridge program.
SEC. 348. None of the funds provided in this Act or prior
Appropriations Acts for Coast Guard ‘‘Acquisition, construction, and
improvements’’ shall be available after the fifteenth day of any
quarter of any fiscal year, unless the Commandant of the Coast
Guard first submits a quarterly report to the House and Senate
Committees on Appropriations on all major Coast Guard acquisition
projects including projects executed for the Coast Guard by the
United States Navy and vessel traffic service projects: Provided,
That such reports shall include an acquisition schedule, estimated
current and year funding requirements, and a schedule of anticipated obligations and outlays for each major acquisition project:
Provided further, That such reports shall rate on a relative scale
the cost risk, schedule risk, and technical risk associated with
each acquisition project and include a table detailing unobligated
balances to date and anticipated unobligated balances at the close
of the fiscal year and the close of the following fiscal year should
the Administration’s pending budget request for the acquisition,
construction, and improvements account be fully funded: Provided
further, That such reports shall also provide abbreviated information on the status of shore facility construction and renovation
projects: Provided further, That all information submitted in such
reports shall be current as of the last day of the preceding quarter.
SEC. 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
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00031
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
112 Stat. 281.
112 Stat. 322.
APPS10
PsN: PUBL087
115 STAT. 864
49 USC 13902
note.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
PUBLIC LAW 107–87—DEC. 18, 2001
in this Act to no more than $120,323,000: Provided, That such
reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion
to the amount included in each account for the Transportation
Administrative Service Center.
SEC. 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 operating 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 Regulations;
(iii) verification of that motor carrier’s system of
compliance with hours-of-service rules, including hours-ofservice 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 inspection, 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 commercial vehicles need not undergo on-site safety examination;
however 50 percent of all safety examinations of all Mexican 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
Jkt 099139
PO 00087
Frm 00032
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 865
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 commercial 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 electronically 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 commercial 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 requirements 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 violation subsequent to the inspection for which the decal was
granted.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00033
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 866
Publication.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
PUBLIC LAW 107–87—DEC. 18, 2001
(6) requires State inspectors who detect violations of Federal 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 StatesMexico border unless that carrier provides proof of valid insurance 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 standards, 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 determination 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 suspension, 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 operating 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
Jkt 099139
PO 00087
Frm 00034
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 867
commercial zone until the United States has completed an agreement 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 Administration 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 evaluation procedures set forth in part 385 of title 49, Code
of Federal Regulations, is fully trained as a safety specialist;
(C) the requirement of subparagraph (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 hoursof-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 authorities 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 telecommunications links exist at all United States-Mexico
border crossings used by Mexican motor carrier commercial
vehicles, and in all mobile enforcement units operating
adjacent to the border, to ensure that licenses, vehicle
registrations, operating authority and insurance information can be easily and quickly verified at border crossings
or by mobile enforcement units;
(F) there is adequate capacity at each United StatesMexico border crossing used by Mexican motor carrier
commercial vehicles to conduct a sufficient number of
meaningful vehicle safety inspections and to accommodate
vehicles placed out-of-service as a result of said inspections;
(G) there is an accessible database containing sufficiently comprehensive data to allow safety monitoring of
all Mexican motor carriers that apply for authority to
operate commercial vehicles beyond United States municipalities and commercial zones on the United States-Mexico
border and the drivers of those vehicles; and
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00035
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
Deadline.
APPS10
PsN: PUBL087
115 STAT. 868
Certification.
Deadline.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
PUBLIC LAW 107–87—DEC. 18, 2001
(H) measures are in place to enable United States
law enforcement authorities to ensure the effective enforcement 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 carrier’’ 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 segment connecting to that project, and also shall allow non-federal
funds (whether public or private) expended on one element or
phase of the project to be used to meet the non-federal share
requirement of any element or phase of the project.
SEC. 352. (a) FINDINGS.—Congress makes the following findings:
(1) The condition of highway, railway, and waterway infrastructure 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 waterways 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.
Jkt 099139
PO 00087
Frm 00036
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 869
(6) The poor condition of highway, railway, and waterway
infrastructure, increases in the volume of hazardous material
transport, and proposed increases in radioactive material transport increase the risk of incidents involving such materials.
(7) Measuring the risks of hazardous or radioactive material 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 specifically 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 consultation 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 hazardous 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 inspection 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 proposed 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 governmental and commercial information collection and dissemination systems adequate to provide public and emergency
responders in an accessible manner, with timely, complete,
specific, and accurate information (including databases) concerning actual, proposed, or anticipated shipments by highway,
railway, or waterway of hazardous and radioactive materials,
including incidents involving the transportation of such materials by those means and the public safety implications of
such dissemination.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00037
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
115 STAT. 870
State listing.
Deadline.
Reports.
Tennessee.
Government
organization.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
PUBLIC LAW 107–87—DEC. 18, 2001
(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 apportioned under section 110 of title 23, United States Code, the States
of Georgia, Alabama, and Mississippi shall give priority consideration to the following projects:
(1) Improving Johnson Ferry Road from the Chattahoochee
River to Abernathy Road, including the bridge over the Chattahoochee River, Georgia.
(2) Widening Abernathy Road from 2 to 4 lanes from Johnson 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 Designation 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 Designation 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 rulemaking proceedings.
(b) It is the sense of Congress that the Secretary of Transportation 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:
Jkt 099139
PO 00087
Frm 00038
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 871
(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 apportioned 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 Department 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 Township, 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, Oklahoma, 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 Transportation 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 Louisiana 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
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00039
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
112 Stat. 379.
APPS10
PsN: PUBL087
115 STAT. 872
105 Stat. 2032.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
PUBLIC LAW 107–87—DEC. 18, 2001
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 Kentucky 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 Transportation 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 Interstate 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 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, 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 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 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, identifying 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
Jkt 099139
PO 00087
Frm 00040
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
PUBLIC LAW 107–87—DEC. 18, 2001
115 STAT. 873
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 Appropriations 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 ‘‘Federalaid 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 contained 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.
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00041
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL087.107
Ante, p. 187.
112 Stat. 259.
APPS10
PsN: PUBL087
115 STAT. 874
PUBLIC LAW 107–87—DEC. 18, 2001
This Act may be cited as the ‘‘Department of Transportation
and Related Agencies Appropriations Act, 2002’’.
Approved December 18, 2001.
LEGISLATIVE HISTORY—H.R. 2299 (S. 1178):
HOUSE REPORTS: Nos. 107–108 (Comm. on Appropriations) and 107–308 (Comm.
of Conference).
SENATE REPORTS: No. 107–38 accompanying S. 1178 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
June 26, considered and passed House.
July 19, 20, 23–27, Aug. 1, considered and passed Senate,
amended.
Nov. 30, House agreed to conference report.
Dec. 4, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Dec. 18, Presidential statement.
Æ
VerDate 11-MAY-2000
11:18 Dec 21, 2001
Jkt 099139
PO 00087
Frm 00042
Fmt 6580
Sfmt 6580
E:\PUBLAW\PUBL087.107
APPS10
PsN: PUBL087
File Type | application/pdf |
File Modified | 2002-01-17 |
File Created | 2002-01-17 |