Home > 107th Congressional Public Laws > Pub.L. 107-088 To redesignate the facility of the United States Postal Service located at 5472 Crenshaw Boulevard in Los Angeles, California, as the ``Congressman Julian C. Dixon Post Office''. <> ...
Pub.L. 107-088 To redesignate the facility of the United States Postal Service located at 5472 Crenshaw Boulevard in Los Angeles, California, as the ``Congressman Julian C. Dixon Post Office''. <> ...
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.
[[Page 115 STAT. 854]]
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.
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).
[[Page 115 STAT. 855]]
Sec. 302. Such sums as may be necessary for fiscal year 2002 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 303. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 304. None of the funds in this Act shall be available for
salaries and expenses of more than 105 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision or political and Presidential
appointees in an independent agency funded in this Act may be assigned
on temporary detail outside the Department of Transportation or such
independent agency except to the Office of Homeland Security.
Sec. 305. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 306. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 307. <<NOTE: Contracts. Public information.>> 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. <<NOTE: 49 USC 5338 note.>> 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. <<NOTE: 23 USC 104 note.>> (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
[[Page 115 STAT. 856]]
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
[[Page 115 STAT. 857]]
the 21st Century; and (8) under section 105 of title 23, United States
Code (but, only in an amount equal to $639,000,000 for such fiscal
year).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall after August 1 for such fiscal year
revise a distribution of the obligation limitation made available under
subsection (a) if a State will not obligate the amount distributed
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code, section 160 (as in effect
on the day before the enactment of the Transportation Equity Act for the
21st Century) of title 23, United States Code, and under section 1015 of
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1943-1945).
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, except that obligation authority made available
for such programs under such limitation shall remain available for a
period of 3 fiscal years.
(e) Redistribution <<NOTE: Deadline.>> of Certain Authorized
Funds.--Not later than 30 days after the date of the distribution of
obligation limitation under subsection (a), the Secretary shall
distribute to the States any funds: (1) that are authorized to be
appropriated for such fiscal year for Federal-aid highways programs
(other than the program under section 160 of title 23, United States
Code) and for carrying out subchapter I of chapter 311 of title 49,
United States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary determines will
not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obligation authority
under subsection (a)(6). The funds so distributed shall be available for
any purposes described in section 133(b) of title 23, United States
Code.
(f) Special Rule.--Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth in
subsection (a)(4) shall remain available until used and shall be in
addition to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs for future
fiscal years.
Sec. 311. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 312. None of the funds in this Act shall be available to plan,
finalize, or implement regulations that would establish a vessel traffic
safety fairway less than five miles wide between
[[Page 115 STAT. 858]]
the Santa Barbara Traffic Separation Scheme and the San Francisco
Traffic Separation Scheme.
Sec. 313. <<NOTE: 49 USC 44502 note.>> 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.
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107th Congressional Public Laws Records and Documents
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