[Congressional Record (Bound Edition), Volume 147 (2001), Part 17]
[House]
[Pages 23406-23429]
[From the U.S. Government Publishing Office, www.gpo.gov]



   CONFERENCE REPORT ON H.R. 2299, DEPARTMENT OF TRANSPORTATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2002

  Mr. ROGERS of Kentucky submitted the following conference report and 
statement on the bill (H.R. 2299) making appropriations for the 
Department of Transportation and related agencies for the fiscal year 
ending September 30, 2002, and for other purposes:

                  Conference Report (H. Rept. 107-308)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2299) ``making appropriations for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 2002, and for other purposes'', having 
     met, after full and free conference, have agreed to recommend 
     and do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     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:

                                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 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

[[Page 23407]]

     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 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 to Air Carriers


                    (airport 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.

              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 contract 
     delineating sub-headings which include the following: systems 
     integrator, ship construction, aircraft, equipment, and 
     communications, providing specific assets and costs under 
     each sub-heading.

                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.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

       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

[[Page 23408]]

     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 standard-setting 
     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.

                        Facilities and Equipment


                    (airport 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 and Equipment


                    (airport and airway trust fund)

                              (rescission)

         Of the available balances under this heading, $15,000,000 
     are rescinded.

                 Research, Engineering, and Development


                    (airport 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.

                       Grants-in-Aid for Airports


                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport 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 for Airports


                    (airport and airway trust fund)

                 (rescission 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 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 Federal-aid 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; $2,500,000;
       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;
       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, Guillford 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;

[[Page 23409]]

       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;
       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;
       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 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.

              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 take-down 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.

                        Operations and Research


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

            (including 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.

[[Page 23410]]

       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 ``Alcohol-Impaired 
     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 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 Passenger Corporation

       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 $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 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).

                      Trust Fund Share of Expenses


                (liquidation 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;
       $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;

[[Page 23411]]

       $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;
       $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;
       $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 and Maintenance


                    (harbor 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, 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 safety fund)

                    (oil 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.

                      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 dollar-for-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.

[[Page 23412]]



                                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).
       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 
     Federal-aid 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 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 
     Federal-aid 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 
     Federal-aid 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 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

[[Page 23413]]

     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 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 intra-island and inter-island ferry 
     routes.
       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 Federal-aid 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.--
       (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 and Senate Committees on Appropriations not less than 
     three 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.

[[Page 23414]]

       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 one 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-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 ``Grants-in-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.
       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 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-of-
     service records;
       (iv) verification of proof of insurance;

[[Page 23415]]

       (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 
     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.
       (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 States-
     Mexico 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 
     nt.) 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 nt.) 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 nt.) 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 nt.) 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 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 U.S. 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 hours-of-
     service rules under part 395 of title 49, Code of Federal 
     Regulations, by Mexican motor carriers seeking authority to 
     operate beyond United States municipalities and commercial 
     zones on the United States-Mexico border;
       (E) the information infrastructure of the Mexican 
     government is sufficiently accurate, accessible, and 
     integrated with that of U.S. law enforcement authorities to 
     allow U.S. 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 States-Mexico 
     border crossing used by Mexican motor carrier commercial 
     vehicles to conduct a sufficient number of meaningful vehicle 
     safety inspections and to accommodate vehicles placed out-of-
     service as a result of said inspections;
       (G) there is an accessible database containing 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
       (H) measures are in place to enable U.S. 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.

[[Page 23416]]

       (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.
       (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.
       (d) Deadline for Completion.--The study under subsection 
     (b) shall be completed not later than six 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; and
       (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:
       (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

[[Page 23417]]

     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 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 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 ``Federal-aid Highways'' after 
     ``available'' the following: ``from the Highway Trust Fund 
     (other than the mass transit account) or the general fund''; 
     and striking ``103-311'' and inserting in lieu thereof ``103-
     331''.
       Sec. 370. Notwithstanding the project descriptions 
     contained in table item number 865 of section 1602 of Public 
     Law 105-178, table item number 77 of section 1106(a) of 
     Public Law 102-240 and section 1069(d) relating to the 
     Riverside Expressway in Fairmont, West Virginia, amounts 
     available under such provision shall be available to carry 
     out any project eligible under title 23, United States Code, 
     in the vicinity of Fairmont, West Virginia.
       Sec. 371. Item 71 in the table contained in section 1602 of 
     the Transportation Equity Act for the 21st Century, Public 
     Law 105-178, is amended by replacing ``restore First and Main 
     Streets to two-way traffic'' with ``traffic safety and 
     pedestrian improvements in downtown Miamisburg''.
       Sec. 372. Item 258 in the table under the heading ``Capital 
     Investment Grants'' in title I of the Department of 
     Transportation and Related Agencies Appropriations Act, 2000 
     (Public Law 106-69; 113 Stat. 1006) is amended by striking 
     ``Killington-Sherburne satellite bus facility'' and inserting 
     ``Marble Valley Regional Transit District buses''.
       Sec. 373. Of the funds available in item 73 of the table 
     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.

       This Act may be cited as the ``Department of Transportation 
     and Related Agencies Appropriations Act, 2002''.
       And the Senate agree to the same.
     Harold Rogers,
     Frank R. Wolf,
     Tom DeLay,
     Sonny Callahan,
     Todd Tiahrt,
     Robert B. Aderholt,
     Kay Granger,
     JoAnn Emerson,
     John E. Sweeney,
     Bill Young,
     Martin Olav Sabo,
     John W. Olver,
     Ed Pastor,
     Carolyn C. Kilpatrick,
     Jose E. Serrano,
     James E. Clyburn,
     David R. Obey,
                                Managers on the Part of the House.

     Patty Murray,
     Robert C. Byrd,
     Barbara A. Mikulski,
     Harry Reid,
     Herb Kohl,
     Richard J. Durbin,
     Patrick Leahy,
     Daniel Inouye,
     Richard C. Shelby,
     Christopher Bond,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Kay Bailey Hutchison,
     Ted Stevens,
                               Managers on the Part of the Senate.

        JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House of Representatives 
     and the Senate at the conference on the disagreeing votes of 
     the two Houses on the amendment of the Senate to the bill 
     (H.R. 2299) making appropriations for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 2002, and for other purposes, submit the 
     following joint statement to the House of Representatives and 
     the Senate in explanation of the effect of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report.
       The Senate deleted the entire House bill after the enacting 
     clause and inserted the Senate bill. The conference agreement 
     includes a revised bill.

                        Congressional Directives

       The conferees agree that Executive Branch propensities 
     cannot substitute for Congress' own statements concerning the 
     best evidence of Congressional intentions; that is, the 
     official reports of the Congress. The committee of conference 
     approves report language included by the House (House Report 
     107-108) or the Senate (Senate Report 107-38 accompanying the 
     companion measure S. 1178) that is not changed by the 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, is not intended to negate 
     the language referred to above unless expressly provided 
     herein.

                     Program, Project, and Activity

       During fiscal year 2002, for the purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177), as amended, with respect to funds provided for the 
     Department of Transportation and related agencies, the terms 
     ``program, project, and activity'' shall mean any item for 
     which

[[Page 23418]]

     a dollar amount is contained in an appropriations Act 
     (including joint resolutions providing continuing 
     appropriations) or accompanying reports of the House and 
     Senate Committees on Appropriations, or accompanying 
     conference reports and joint explanatory statements of the 
     committee of conference. In addition, the reductions made 
     pursuant to any sequestration order to funds appropriated for 
     ``Federal Aviation Administration, Facilities and equipment'' 
     and for ``Coast Guard, Acquisition, construction, and 
     improvements'' shall be applied equally to each ``budget 
     item'' that is listed under said accounts in the budget 
     justifications submitted to the House and Senate Committees 
     on Appropriations as modified by subsequent appropriations 
     Acts and accompanying committee reports, conference reports, 
     or joint explanatory statements of the committee of 
     conference. The conferees recognize that adjustments to the 
     above allocations may be required due to changing program 
     requirements or priorities. The conferees expect any such 
     adjustment, if required, to be accomplished only through the 
     normal reprogramming process.

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         Salaries and Expenses

       The conference agreement provides $67,778,000 for the 
     salaries and expenses of the office of the secretary instead 
     of $68,446,000 as proposed by the House and $67,349,000 as 
     proposed by the Senate. New bill language is included that 
     specifies amounts by office, consistent with actions in prior 
     years, and limits transfers among each office to no more than 
     7 percent. The bill language specifies that any transfer 
     shall be submitted for approval to the House and Senate 
     Committees on Appropriations. The following table summarizes 
     the fiscal year 2002 appropriation for each office:

Immediate office of the Secretary............................$1,929,000
Immediate office of the Deputy Secretary....................... 619,000
Office of the General Counsel................................13,355,000
Office of the Assistant Secretary for Policy..................3,058,000
Office of the Assistant Secretary for Aviation and International 
  Affairs.....................................................7,421,000
Office of the Assistant Secretary for Budget and Programs.....7,728,000
Office of the Assistant Secretary for Government Affairs......2,282,000
Office of the Assistant Secretary for Administration.........19,250,000
Office of Public Affairs......................................1,723,000
Executive Secretariat.........................................1,204,000
Board of Contract Appeals.......................................507,000
Office of Small and Disadvantaged Business Utilization........1,240,000
Office of Intelligence and Security...........................1,321,000
Office of the Chief Information Officer.......................6,141,000

       The conferees direct the office of the secretary to submit 
     its congressional justification materials in support of the 
     individual offices of the offices of the secretary at the 
     same level of detail provided in the congressional 
     justifications presented in fiscal year 2002.
       Bill language, as proposed by both the House and the 
     Senate, allows the Department to spend up to $60,000 for 
     official reception and representation activities.
       The conference agreement modifies bill language that was 
     contained in both the House and the Senate bills that credits 
     to this appropriation up to $2,500,000 in funds received in 
     user fees by excluding fees authorized in Public Law 107-71.
       Aviation consumer hotline.--The conference agreement 
     includes $720,000 for the Department's Aviation Consumer 
     Protection Division's consumer hotline. The conferees note 
     that a hotline for consumer complaints currently exists in 
     the Office of the General Counsel. However, the phone line is 
     understaffed, leaving many consumers frustrated when a phone 
     recording is the only place to register a complaint. This can 
     cause considerable hardship for individuals with disabilities 
     who may have travel complaints that warrant immediate 
     attention. The conferees direct that these funds are to be 
     used to establish a 1-800 disability inquiry line that is 
     staffed from 7:00 a.m. until 11:00 p.m. each day.
       Study of air travel services.--The conferees are interested 
     in the impact the joint entry of suppliers of air travel 
     services into the market for direct distribution has had to 
     date on consumers, airline competition, and ticket prices.
       Accordingly, the conferees request the Office of the 
     Assistant Secretary for Aviation and International Affairs 
     report on its monitoring efforts pursuant to the launch of 
     the joint airline distribution ventures. The report should 
     address, at a minimum, the following issues raised by the 
     Department as potential concerns related to such ventures:
       Deviations from plans, polices, and procedures initially 
     proposed in the joint venture's business plan and contained 
     in its charter associate agreements;
       The extent to which the joint venture has adhered to its 
     commitment to not bias displays of fares or services;
       The extent to which ties between the airline-owners and the 
     ``Most Favored Nation'' clause in the charter agreement have 
     resulted in monopolistic or other anti-competitive market 
     behavior; and
       Whether airline-owners of the joint ventures or charter 
     associates have acted in an anti-competitive manner by 
     choosing not to distribute fares through other online 
     distribution outlets.
       The conferees request the Office of Aviation and 
     International Affairs to submit its findings to the DOT 
     Inspector General's office no later than April 1, 2002, for 
     its evaluation and comment. The House and Senate 
     Transportation Appropriations Subcommittees request the 
     Inspector General to report on these findings no later than 
     90 days after receiving the findings from the Office of 
     Aviation and International Affairs.
       Reorganization.--The conferees are aware that consideration 
     is being given to a reorganization of functions and offices 
     within the office of the secretary and the department is in 
     the process of establishing the new Transportation Security 
     Administration. The conferees expect that any transfer of 
     functions or reorganization must be formally approved by the 
     House and Senate Committees on Appropriations through the 
     regular reprogramming process.
       Administrative directions.--The conferees direct the 
     department to submit its annual congressional justifications 
     for each modal administration to the House and Senate 
     Committees on Appropriations on the date on which the 
     President's budget is delivered officially to Congress.
       Assessments.--The conferees direct that assessments charged 
     by the office of the secretary to modal administrations 
     should be for administrative activities, not policy 
     initiatives. The conferees have seen violations of this 
     direction in fiscal year 2001 and will not tolerate further 
     problems.


                         Office of Civil Rights

       The conference agreement provides $8,500,000 for the office 
     of civil rights as proposed by both the House and the Senate.


                 Transportation Security Administration

       The conference agreement provides $1,250,000,000 for the 
     new multi-modal Transportation Security Administration for 
     civil aviation security services pursuant to Public Law 107-
     71. Neither the House nor the Senate bill contained a similar 
     appropriation. The bill language specifies that the security 
     fees shall be credited to this appropriation as offsetting 
     collections. The bill also specifies that the general fund 
     appropriation shall be reduced, as fees are collected, to 
     result in an anticipated final fiscal year appropriation of 
     zero.


           Transportation Planning, Research, and Development

       The conference agreement provides $11,993,000 for 
     transportation planning, research, and development instead of 
     $5,193,000 as proposed by the House and $15,592,000 as 
     proposed by the Senate. Adjustments to the budget request 
     shall be available for the following activities:

Northeast advanced vehicle consortium........................$2,600,000
WestStart's vehicular flywheel project in the Pacific Northwes1,000,000
International ferry service from Blaine, WA to White Rock, B.C..200,000
North Dakota State University system planning and resource manag150,000
Auburn University, AL campus transit study......................375,000
Bypass mail system computer software and hardware upgrades in 2,075,000
North Puget Sound intermodal center planning study..............400,000


              Transportation Administrative Service Center

       The conference agreement includes a limitation of 
     $125,323,000 on activities of the transportation 
     administration service center (TASC) as proposed by both the 
     House and the Senate.
       Modal usage of TASC.--The conferees direct the department, 
     in its fiscal year 2003 Congressional justifications for each 
     modal administration, to account for increases and decreases 
     in TASC billings based on planned usage requested or 
     anticipated by the modes rather than TASC as proposed by the 
     House.
       Information technology omnibus procurement (ITOP).--The 
     conferees direct the DOT Inspector General to conduct a 
     thorough review of the ITOP program and report findings to 
     the House and Senate Committees on Appropriations no later 
     than February 15, 2002 as specified in the House report.


               Minority Business Resource Center Program

       The conference agreement provides an appropriation of 
     $900,000 for the minority business resource center program 
     and limits the loans to $18,367,000 as proposed by both the 
     House and the Senate.


                       Minority Business Outreach

       The conference agreement provides a total of $3,000,000 for 
     minority business outreach

[[Page 23419]]

     as proposed by the House and the Senate. Language pertaining 
     to funding availability, as proposed by the Senate, has been 
     deleted.


                        Payments to Air Carriers

                    (Airport and Airway Trust Fund)

       The conference agreement provides $63,000,000 for payments 
     to air carriers as proposed by the House instead of 
     $50,000,000 as proposed by the Senate. Of this total, 
     $13,000,000 is in new appropriations and the remainder is to 
     be derived from overflight user fees and, if necessary, 
     unobligated balances from the facilities and equipment 
     account of the Federal Aviation Administration. The 
     conference agreement does not include a provision contained 
     in the Senate bill that tightens the eligibility criteria for 
     communities to receive essential air service subsidies.

                              Coast Guard


                           Operating Expenses

       The conference agreement provides $3,382,000,000 for Coast 
     Guard operating expenses instead of $3,382,588,000 as 
     proposed by the House and $3,427,588,000 as proposed by the 
     Senate. The agreement specifies that $440,000,000 of the 
     total is available only for defense-related activities 
     instead of $340,000,000 as proposed by the House and 
     $695,000,000 proposed by the Senate. The agreement includes 
     $24,945,000 to be derived from the oil spill liability trust 
     fund as proposed by the House instead of $25,000,000 as 
     proposed by the Senate.
       Funding for search and rescue stations, surf stations, and 
     command centers.--The conference agreement specifies that 
     $14,541,000 is only for increased staffing, training, and 
     personnel protective gear at search and rescue stations, surf 
     stations, and command centers, instead of $13,541,000 
     proposed by the Senate. Further, the agreement includes 
     language, proposed by the Senate, requiring the Inspector 
     General to audit and certify that these funds are being used 
     solely to supplement the fiscal year 2001 level of effort in 
     this area. The conferees agree that these activities are in 
     dire need of increased funding, and that the Coast Guard 
     should give search and rescue a higher priority for funding 
     in future budget submissions.
       Specific adjustments.--The following table summarizes the 
     House and Senate's proposed adjustments to the Coast Guard's 
     budget request and the final conference agreement:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Conference
                                                               House bill        Senate bill        agreement
----------------------------------------------------------------------------------------------------------------
Budget estimate...........................................    $3,382,838,000    $3,382,838,000    $3,382,838,000
Changes to the budget estimate:
Minor IT projects (transfer from AC&I)....................        +1,000,000  ................        +1,000,000
SCBA (transfer from AC&I).................................        +1,000,000  ................  ................
Civilian pay raise (4.6%).................................        +4,000,000  ................  ................
Selective reenlistment bonuses............................        -3,000,000  ................  ................
Aviation career continuation pay..........................          -300,000  ................  ................
Clothing maintenance allowance............................          -300,000  ................  ................
Contract costs............................................        -3,000,000  ................        -4,000,000
Operating funds--``other activities''.....................        -4,000,000  ................        -4,000,000
Local notice to mariners..................................          -925,000  ................          -888,000
Human resources information system........................        -1,173,000  ................        -1,105,000
Marine transportation system..............................          -845,000  ................          -845,000
Ice operations............................................        -4,457,000  ................  ................
Search and rescue readiness...............................       +12,000,000        +8,000,000        +9,000,000
Pay and benefits shortfalls...............................  ................       +36,750,000  ................
Amount recommended........................................     3,382,838,000     3,427,588,000     3,382,000,000
----------------------------------------------------------------------------------------------------------------

       Aviation depot maintenance.--The conferees agree that the 
     Coast Guard should work toward developing full and open 
     competition for aviation depot maintenance services of C-130 
     aircraft as soon as possible, but no later than fiscal year 
     2003.
       Marine Fire and Safety Association.--The conferees remain 
     supportive of efforts by the Marine Fire and Safety 
     Association (MFSA) to provide specialized firefighting 
     training and retain an oil spill response contingency plan 
     for the Columbia River. The conferees direct the Secretary to 
     provide $255,000 to continue efforts by the nonprofit 
     organization comprised of numerous fire departments on both 
     sides of the Columbia River. The funding will be utilized to 
     provide specialized communications, firefighting training and 
     equipment, and to implement the oil spill response 
     contingency plan for the Columbia River.
       Lighthouse conveyances.--The conference agreement includes 
     sufficient funding to complete the conveyance of several 
     Coast Guard lighthouse properties and improvements, as 
     authorized under Public Law 105-383, that have not been 
     transferred. The conferees expect the Coast Guard to convey 
     the remaining authorized lighthouse properties not later than 
     the end of fiscal year 2002. If the Commandant determines, by 
     June 31, 2002, that the Coast Guard is unable to complete any 
     of the conveyances in the coming fiscal year, the conferees 
     direct the Commandant to submit a report to the House and 
     Senate Committees on Appropriations within fifteen days of 
     that decision explaining the reasons why each property has 
     not been transferred and providing an estimated date of 
     completion of that transfer.


              Acquisition, Construction, and Improvements

       The conference agreement includes $636,354,000 for 
     acquisition, construction, and improvement programs of the 
     Coast Guard instead of $600,000,000 as proposed by the House 
     and $669,323,000 as proposed by the Senate. The bill 
     specifies that $20,000,000 of total funding is to be derived 
     from the oil spill liability trust fund, as proposed by the 
     Senate, instead of $19,956,000 proposed by the House. 
     Consistent with past years and the House and Senate bills, 
     the conference agreement distributes funds in the bill by 
     budget activity.
       A table showing the distribution of this appropriation by 
     project as included in the fiscal year 2002 budget estimate, 
     House bill, Senate bill, and the conference agreement 
     follows:

[[Page 23420]]

[GRAPHIC] [TIFF OMITTED] TH29NO01.001



[[Page 23421]]

       Integrated deepwater systems (IDS).--The conference 
     agreement includes $320,190,000 for the integrated deepwater 
     systems (IDS) program instead of $300,000,000 proposed by the 
     House and $325,200,000 proposed by the Senate. The agreement 
     includes language, proposed by the House and Senate, 
     prohibiting obligation of funds for the IDS systems 
     integration contract until (1) certification is received from 
     the Department of Transportation and the Office of Management 
     and Budget that the program is fully funded in fiscal year 
     2003-2007 budget plans; (2) certification is received that 
     the national distress and response system modernization 
     program is funded to allow for full deployment by fiscal year 
     2006, and that other essential search and rescue procurements 
     are fully funded; and (3) the Department of Transportation 
     and Office of Management and Budget approve a contingency 
     procurement strategy for assets and capabilities encompassed 
     by the IDS program. Certification authorities for the 
     Department of Transportation for the above items are the 
     Secretary or Deputy Secretary, as proposed by the Senate, 
     instead of the Secretary or his designee, as proposed by the 
     House. Further, the bill includes language, proposed by the 
     Senate, requiring future IDS budget submissions to be 
     specified to a certain level of detail, and making funds 
     available for obligation for five years, instead of three 
     years as proposed by the House.
       Capital investment plan.--The bill includes language, 
     proposed by the Senate, specifying a rescission of $100,000 
     per day for each day after initial submission of the fiscal 
     year 2003 President's budget that the Coast Guard capital 
     investment plan has not been submitted to the Congress. A 
     similar provision is included under Federal Aviation 
     Administration, ``Facilities and equipment''.
       41-foot utility boat replacement.--The conference agreement 
     includes $12,000,000 to begin replacement of the existing 41-
     foot utility boat fleet, instead of $18,000,000 as proposed 
     by the House. The conferees do not accept Coast Guard 
     statements that a full year or more will be needed to develop 
     requirements and specifications for this urgently-needed 
     replacement vessel. The conferees urge the Coast Guard to 
     streamline and expedite the requirements process so that 
     contract award for this replacement project can take place by 
     the end of fiscal year 2002. In the development of 
     requirements, the Coast Guard is to actively involve, and 
     consider the input of, field commanders and enlisted 
     personnel who operate and maintain these boats in carrying 
     out search and rescue missions.
       ATC glass technology.--The conferees agree that, of the 
     funds provided for aviation parts and support, $1,000,000 is 
     only for the application of ambient temperature-cured (ATC) 
     glass technology to Coast Guard aircraft, as proposed by the 
     House.
       National distress and response system modernization program 
     (NDRSMP).--The conferees believe the Secretary or Deputy 
     Secretary of Transportation and the Director of OMB should be 
     attendant to the following milestones in assessing whether 
     the national distress and response system modernization 
     program (NDRSMP) will be fully deployed by fiscal year 2006. 
     Not later than the end of fiscal year 2003, the Coast Guard 
     should prove, at initial operating capability (IOC), the 
     fully integrated technology of the NDRSMP at two of the 46 
     NDRSMP regions and complete low rate initial production at an 
     additional four regions. IOC should include: (1) the 
     capability to locate distressed vessels by identifying 
     vessels through identification of the origin of the 
     communications signal; (2) the ability to send and receive 
     data among Coast Guard and other federal and state research 
     and rescue assets; and (3) the compatibility with 
     international communications standards under the 
     International Convention for Safety of Life at Sea. The Coast 
     Guard should also complete the following percentages of the 
     NDRSMP by the end of the corresponding years shown below:
       Fiscal year 2004: 35 percent;
       Fiscal year 2005: 70 percent; and
       Fiscal year 2006: 100 percent.
       Coast Guard Marine Safety and Rescue Station, Chicago, 
     IL.--The conference agreement includes $2,000,000 for Coast 
     Guard participation in reconstruction of a joint-use Coast 
     Guard Marine Safety and Rescue Station along the Chicago Lake 
     Michigan shoreline. Specifically, the facility would house 
     Coast Guard, City of Chicago, and State of Illinois equipment 
     and personnel for the purposes of air/marine search and 
     rescue, port security, research, and maritime safety. The 
     conferees expect the Coast Guard to work with the City of 
     Chicago and the State of Illinois to plan, fund, and 
     construct this facility. The conferees intend for the Chicago 
     Coast Guard Marine Safety and Rescue Station to complement 
     the air search and rescue station in Waukegan, Illinois and 
     the Coast Guard Marine Safety Office Chicago in Burr Ridge, 
     Illinois.


              acquisition, construction, and improvements

                             (rescissions)

       The conference agreement deletes rescissions proposed by 
     the Senate totaling $8,700,000. Funding in the programs 
     proposed for rescission is no longer available.


                environmental compliance and restoration

       The conference agreement includes $16,927,000 for 
     environmental compliance and restoration as proposed by both 
     the House and Senate.


                         alteration of bridges

       The conference agreement includes $15,466,000 for 
     alteration of bridges deemed hazardous to marine navigation 
     as proposed by the House and Senate. The conference agreement 
     distributes these funds as follows:


                                                             Conference
        Bridge and location                                   agreement
New Orleans, LA, Florida Avenue RR/HW Bridge.................$3,250,000
Brunswick, GA, Sidney Lanier Highway Bridge...................1,600,000
Charleston, SC, Limehouse Bridge..............................1,100,000
Mobile, AL, Fourteen Mile Bridge..............................5,741,000
Morris, IL, EJ&E Railroad Bridge..............................1,525,000
Galveston, TX, Galveston Causeway...............................500,000
Boston, MA, Chelsea Street Bridge.............................1,750,000
                                                             __________
                                                             
      Total..................................................15,466,000

       Millenium port selection.--In an effort to expand U.S. 
     trade with Latin America and South America, the State of 
     Louisiana has developed the Millenium Port Commission. Funds 
     were provided in fiscal years 2000 and 2001 for federal 
     support of this commission's activities. The conferees 
     encourage the Millenium Port Commission, cooperating 
     Louisiana ports, and the U.S. Army Corps of Engineers to 
     complete a detailed feasibility analysis of all major options 
     for the Millenium Port by January 1, 2002.


                              retired pay

       The conference agreement includes $876,346,000 for Coast 
     Guard retired pay as proposed by both the House and the 
     Senate. This is scored as a mandatory program for federal 
     budget purposes. The conference agreement includes language 
     proposed by the Senate authorizing these funds for the 
     payment of fifteen-year career status bonuses.


                            reserve training

                     (including transfer of funds)

       The conference agreement provides $83,194,000 for reserve 
     training as proposed by the House and Senate. The agreement 
     allows the Reserves to reimburse Coast Guard ``Operations'' 
     up to $25,800,000 for Coast Guard support of Reserve 
     activities, as proposed by the House and Senate.


              Research, Development, Test, and Evaluation

       The conference agreement provides $20,222,000 for Coast 
     Guard research, development, test, and evaluation instead of 
     $21,722,000 as proposed by the House and Senate. The 
     conferees agree that within the funding provided, $500,000 is 
     for the University of Maine Advanced Engineered Wood 
     Composites Center's demonstration and evaluation of 
     engineered wood composites at Coast Guard facilities, instead 
     of $1,000,000 as proposed by the Senate.
       Columbia River Aquatic Nuisance Species Initiative 
     (CRANSI).--The conferees are concerned over threats that 
     invasive, non-indigenous plants and animals pose to U.S. 
     waterways and the economy. Within the funds provided, the 
     conferees agree that $500,000 is for the Columbia River 
     Aquatic Nuisance Species Initiative (CRANSI), at the Center 
     for Lakes and Reservoirs at Portland State University, to 
     support surveys of non-indigenous aquatic species in the 
     Columbia River, as proposed by the Senate.

                    Federal Aviation Administration


                               operations

       The conference agreement provides $6,886,000,000 for 
     operating expenses of the Federal Aviation Administration 
     instead of $6,870,000,000 as proposed by the House and 
     $6,916,000,000 as proposed by the Senate. These funds are in 
     addition to amounts made available as a mandatory 
     appropriation of user fees in the Federal Aviation 
     Administration Reauthorization Act of 1996 (Public Law 104-
     264). Of the total amount provided, $5,773,519,000 is to be 
     derived from the airport and airway trust fund, consistent 
     with Public Law 106-181. The total funding provided is 
     $341,765,000 (5.2 percent) above the fiscal year 2001 enacted 
     level and is the maximum amount authorized. The bill 
     specifies amounts by budget activity, as proposed by the 
     House, continuing a practice initiated in fiscal year 2001.
       Aeronautical charting and cartography.--The conference 
     agreement includes language proposed by the House prohibiting 
     funds for any aeronautical charting and cartography 
     activities conducted by, or coordinated through, the 
     Transportation Administrative Service Center.
       User fees.--The conference agreement modifies language 
     proposed by the House prohibiting funds to plan, finalize, or 
     implement new user fees not specifically authorized by 
     Congress. The agreement prohibits funds only for the 
     finalization or implementation of new, unauthorized fees.
       Use of credit hours.--The conferees direct FAA to 
     discontinue the granting of credit hours, or related 
     benefits, in the settlement of union grievances until the OST 
     office of general counsel, working with legal counsel of the 
     FAA and OIG, determines in writing that such practice is 
     consistent with the 1998

[[Page 23422]]

     collective bargaining agreement with the National Air Traffic 
     Controllers Association (NATCA) and other existing labor 
     agreements. Once this determination is made, the Secretary is 
     requested to make its finding available to the House and 
     Senate Committees on Appropriations. The House proposed a 
     prohibition on the granting of credit hours for the 
     settlement of union grievances during fiscal year 2002.
       Travel policy.--The conferees do not agree with House 
     direction prohibiting FAA from changing its travel policy 
     regarding per diem payments for extended temporary duty 
     assignments. The conferees understand that FAA has modified 
     its travel policies to address findings of the DOT Inspector 
     General in this area.
       Personnel reform.--The conferees direct the Administrator 
     to report to the House and Senate Committees on 
     Appropriations, not later than January 15, 2002, on how the 
     agency has implemented, and/or plans to implement, the Senate 
     directive regarding personnel reform.
       Airspace redesign.--The conference agreement includes 
     $12,500,000 for the New York/New Jersey airspace redesign, as 
     proposed by the Senate, instead of $8,500,000 proposed by the 
     House.
       Restoration of air traffic supervisors.--The conference 
     agreement restores $5,000,000 of the proposed reductions in 
     air traffic supervisor staffing included in the President's 
     budget. The budget proposed a reduction of $5,400,000 due to 
     planned expansion of the controller-in-charge (CIC) concept. 
     In restoring these positions, the conferees agree with the 
     position of the House that supervisory levels should not be 
     reduced further at this time.
       National airspace system (NAS) handoff.--The conference 
     agreement provides $7,600,000 in this appropriation and 
     $51,006,100 in ``Facilities and equipment'' (F&E) for second 
     year maintenance costs for newly commissioned equipment under 
     the National airspace system (NAS) handoff program. The 
     President's budget included $76,400,000 under F&E for this 
     purpose. The conferees believe it is inconsistent with the 
     principles of existing authorizing legislation to fund these 
     costs under F&E. In all budget submissions through fiscal 
     year 2001, costs to operate and maintain such systems after 
     the first year of operation were to transition to FAA's 
     operating budget. However, due to operating budget pressures, 
     this year the Administration proposed to shift the second 
     year of such costs to the F&E appropriation. These are, in 
     effect, operating costs transferred to a capital 
     appropriation. While the conferees note that Public Law 106-
     181 significantly raised F&E funding, it did so with an 
     understanding that those additional funds would be used for 
     capital costs and not to cover shortfalls in a constrained 
     operating budget. The conferees believe that FAA needs to 
     live within its authorized funding levels for operations 
     without program shifts of this nature.
       GPS non-precision approaches.--The conference agreement 
     includes $5,000,000 to increase the number of GPS non-
     precision instrument approaches developed and published for 
     airports that are not part 139 certificated, and to develop 
     GPS routes to help supplement the current airway route 
     system. These routes will provide important safety and other 
     benefits to general aviation pilots, including increased 
     access to currently inaccessible airports. In that regard, 
     the conferees direct FAA to assure that the GPS instrument 
     approaches provide the necessary procedural information known 
     as LNAV/VNAV minima, to enable their use by pilots in 
     obtaining guidance to the runway once the wide area 
     augmentation system is in place.
       Aviation safety reporting system.--The conferees are aware 
     that the NASA's aviation safety reporting system (ASRS) is a 
     critical component of our aviation safety system. The success 
     of ASRS lies in its ability to offer confidentiality and 
     limited immunity to those who submit reports on unintentional 
     violations of federal aviation regulations. The conferees 
     direct the FAA to work to meet the goal of funding ASRS at 
     $3,400,000 in fiscal year 2002.
       The following table compares the conference agreement to 
     the levels proposed in the House and Senate bills by budget 
     activity:

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[[Page 23424]]

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[[Page 23425]]

                         Facilities and Equipment

                    (Airport and Airway Trust Fund)

       The conference agreement provides $2,914,000,000 for 
     facilities and equipment as proposed by the House and the 
     Senate. This is the level mandated by Public Law 106-181, and 
     represents an increase of $257,235,000 (9.7 percent) above 
     the fiscal year 2001 enacted level.
       Administration of potential shortfall due to EAS 
     transfer.--Public Law 104-264 requires the FAA Administrator 
     to cover any shortfall in funding for the essential air 
     service program (below the mandatory amount of $50,000,000) 
     out of any funds otherwise available to the Administrator. 
     While P.L. 104-264 authorized the collection of overflight 
     user fees to cover these expenses, fee receipts have never 
     equaled the mandatory appropriation level, and are not 
     expected to do so in fiscal year 2002. The conferees agree 
     that any shortfall due to transfer of funds to the essential 
     air service program should be borne by unobligated balances 
     from the ``Facilities and equipment'' appropriation, and 
     should not be derived from programs, projects, or activities 
     designated as items of special Congressional interest in 
     Congressional reports or in the fiscal year 2002 base for 
     reprogramming document. The Senate proposed up to $10,000,000 
     of any shortfall should be derived from ``Grants-in-aid for 
     airports''.
       Capital investment plan.--The conference agreement includes 
     a provision, proposed by the Senate, specifying a rescission 
     of $100,000 per day for each day after initial submission of 
     the fiscal year 2003 President's budget that the FAA's 
     capital investment plan has not been submitted to the 
     Congress. This is similar to a provision enacted for fiscal 
     year 2001.
       The following table provides a breakdown of the House and 
     Senate bills and the conference agreement by program:

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[[Page 23429]]

       Advanced technology development and prototyping.--The 
     conference agreement includes $55,991,000 for advanced 
     technology development and prototyping. A comparison of the 
     budget estimate to the House and Senate proposed levels and 
     the conference agreement follows:

----------------------------------------------------------------------------------------------------------------
                                                                    House            Senate         Conference
                             Item                                recommended      recommended       agreement
----------------------------------------------------------------------------------------------------------------
Budget estimate..............................................      $36,634,000      $36,634,000      $36,634,000
Airport research.............................................       +7,547,000  ...............       +7,457,000
Concrete pavement research...................................  ...............       +2,000,000       +2,000,000
WAAS navigation..............................................  ...............       -5,700,000  ...............
  ADS-B transfer.............................................  ...............       -2,800,000       -2,800,000
Juneau, AK weather research..................................       +5,000,000       +6,700,000       +6,700,000
Free flight phase 2 transfer.................................       +2,000,000  ...............  ...............
Separation standards study...................................       +1,000,000  ...............  ...............
Louisville, KY tech demo.....................................  ...............  ...............       +5,000,000
Fogeye demonstration.........................................  ...............  ...............       +1,000,000
                                                              --------------------------------------------------
      Total..................................................       52,181,000       36,834,000       55,991,000
----------------------------------------------------------------------------------------------------------------

       Concrete pavement research.--Funds provided for concrete 
     pavement research are for airfield pavement improvement 
     activities authorized under sections 905 and 743 of Public 
     Law 106-181.
       Louisville, KY technology demonstration.--The conference 
     agreement includes $5,000,000 to initiate an operational 
     demonstration integrating numerous advanced technologies 
     being developed separately by the FAA into a single airport 
     environment. Although FAA has been developing technologies 
     under several programs, there has been limited testing of 
     these concepts as an integrated system at individual 
     airports. This demonstration will focus on the various 
     operational impacts of integrating GPS-based technology, 
     common ARTS, wake vortex alerting systems, and the 
     application of improved area navigation procedures. 
     Louisville International Airport is ideal for such a program 
     due to its unique operating characteristics.
       Fogeye demonstration.--The conferees are aware of emerging 
     technology, known as fogeye, which utilizes ultraviolet light 
     to assist in low visibility landings and prevent runway 
     incursions. The conference agreement includes $1,000,000 for 
     further evaluation of this technology. In utilizing these 
     funds, the FAA is encouraged to seek the full participation 
     of an airline and airport sponsor to develop a plan for an 
     operational demonstration of fogeye technology to demonstrate 
     the effectiveness of the system at a commercial service 
     airport.
       Local area augmentation system.--The conference agreement 
     includes $43,109,700 for this program, $9,000,000 above the 
     budget estimate, all of which is provided in budget activity 
     one as proposed by the House. The conferees encourage FAA to 
     consider installation of this system at Las Vegas-McCarran 
     International Airport in Nevada once the systems are ready 
     for production. The conferees continue to view the LAAS 
     procurement as an opportunity for FAA to expedite the cost 
     advantageous procurement of precision approach capability 
     through an aggressive public-private cooperative acquisition 
     strategy. The agreement provides the flexibility and 
     resources to continue this innovative acquisition. The 
     following milestones are anticipated in fiscal year 2002: (1) 
     category I contract award by the fourth quarter; (2) category 
     II/III integrity and continuity allocations between avionics 
     and ground equipment determined; (3) finalization of the 
     concept of operations required for fiscal year 2003 
     development of airport procedures; (4) integration of LAAS 
     capabilities into a certifiable avionics receiver; and (5) 
     development of a data collection plan and initiation of 
     flight evaluations for development of complex LAAS approaches 
     (e.g., curved, segmented, and offset). The FAA is directed to 
     report quarterly to the House and Senate Committees on 
     Appropriations regarding the progress toward these and other 
     LAAS milestones.

             CONGRESSIONAL RECORD 

                United States
                 of America

This ``bullet'' symbol identifies statements or insertions 
which are not spoken by a member of the Senate on the floor.



November 29, 2001
                                                       November 29, 2001