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''. <> ...


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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

[[Page 115 STAT. 864]]

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 <<NOTE: 49 USC 13902 note.>> 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;
                    (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

[[Page 115 STAT. 865]]

        carrier is granted permanent operating authority to operate 
        beyond United States municipalities and commercial zones on the 
        United States-Mexico border, and requires that any such safety 
        compliance review take place within 18 months of that motor 
        carrier being granted conditional operating authority, provided 
        that--
                    (A) Mexican motor carriers with three or fewer 
                commercial vehicles need not undergo onsite compliance 
                review; however 50 percent of all compliance reviews of 
                all Mexican motor carriers shall be conducted on-site; 
                and
                    (B) any Mexican motor carrier with 4 or more 
                commercial vehicles that did not undergo an on-site 
                safety exam under (a)(1)(C), shall undergo an on-site 
                safety compliance review under this section.
            (3) requires Federal and State inspectors to verify 
        electronically the status and validity of the license of each 
        driver of a Mexican motor carrier commercial vehicle crossing 
        the border;
                    (A) for every such vehicle carrying a placardable 
                quantity of hazardous materials;
                    (B) whenever the inspection required in subsection 
                (a)(5) is performed; and
                    (C) randomly for other Mexican motor carrier 
                commercial vehicles, but in no case less than 50 percent 
                of all other such commercial vehicles.
            (4) gives a distinctive Department of Transportation number 
        to each Mexican motor carrier operating beyond the commercial 
        zone to assist inspectors in enforcing motor carrier safety 
        regulations including hours-of-service rules under part 395 of 
        title 49, Code of Federal Regulations;
            (5) requires, with the exception of Mexican motor carriers 
        that have been granted permanent operating authority for three 
        consecutive years--
                    (A) inspections of all commercial vehicles of 
                Mexican motor carriers authorized, or seeking authority 
                to operate beyond United States municipalities and 
                commercial zones on the United States-Mexico border that 
                do not display a valid Commercial Vehicle Safety 
                Alliance inspection decal, by certified inspectors in 
                accordance with the requirements for a Level I 
                Inspection under the criteria of the North American 
                Standard Inspection (as defined in section 350.105 of 
                title 49, Code of Federal Regulations), including 
                examination of the driver, vehicle exterior and vehicle 
                under-carriage;
                    (B) a Commercial Vehicle Safety Alliance decal to be 
                affixed to each such commercial vehicle upon completion 
                of the inspection required by clause (A) or a re-
                inspection if the vehicle has met the criteria for the 
                Level I inspection; and
                    (C) that any such decal, when affixed, expire at the 
                end of a period of not more than 90 days, but nothing in 
                this paragraph shall be construed to preclude the 
                Administration from requiring reinspection of a vehicle 
                bearing a valid inspection decal or from requiring that 
                such a decal be removed when a certified Federal or 
                State inspector determines that such a vehicle has a 
                safety violation subsequent to the inspection for which 
                the decal was granted.

[[Page 115 STAT. 866]]

            (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) <<NOTE: Publication.>> publishes--
                    (A) interim final regulations under section 210(b) 
                of the Motor Carrier Safety Improvement Act of 1999 (49 
                U.S.C. 31144 note) that establish minimum requirements 
                for motor carriers, including foreign motor carriers, to 
                ensure they are knowledgeable about Federal safety 
                standards, that may include the administration of a 
                proficiency examination;
                    (B) interim final regulations under section 31148 of 
                title 49, United States Code, that implement measures to 
                improve training and provide for the certification of 
                motor carrier safety auditors;
                    (C) a policy under sections 218(a) and (b) of that 
                Act (49 U.S.C. 31133 note) establishing standards for 
                the determination of the appropriate number of Federal 
                and State motor carrier inspectors for the United 
                States-Mexico border;
                    (D) a policy under section 219(d) of that Act (49 
                U.S.C. 14901 note) that prohibits foreign motor carriers 
                from leasing vehicles to another carrier to transport 
                products to the United States while the lessor is 
                subject to a suspension, restriction, or limitation on 
                its right to operate in the United States; and
                    (E) a policy under section 219(a) of that Act (49 
                U.S.C. 14901 note) that prohibits foreign motor carriers 
                from operating in the United States that is found to 
                have operated illegally in the United States.

    (b) No vehicles owned or leased by a Mexican motor carrier and 
carrying hazardous materials in a placardable quantity may be permitted 
to operate beyond a United States municipality or

[[Page 115 STAT. 867]]

commercial zone until the United States has completed an agreement with 
the Government of Mexico which ensures that drivers of such vehicles 
carrying such placardable quantities of hazardous materials meet 
substantially the same requirements as United States drivers carrying 
such materials.
    (c) No vehicles owned or leased by a Mexican motor carrier may be 
permitted to operate beyond United States municipalities and commercial 
zones under conditional or permanent operating authority granted by the 
Federal Motor Carrier Safety Administration until--
            (1) <<NOTE: Deadline.>> 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 United States enforcement 
                authorities to allow United States authorities to verify 
                the status and validity of licenses, vehicle 
                registrations, operating authority and insurance of 
                Mexican motor carriers while operating in the United 
                States, and that adequate telecommunications links exist 
                at all United States-Mexico border crossings used by 
                Mexican motor carrier commercial vehicles, and in all 
                mobile enforcement units operating adjacent to the 
                border, to ensure that licenses, vehicle registrations, 
                operating authority and insurance information can be 
                easily and quickly verified at border crossings or by 
                mobile enforcement units;
                    (F) there is adequate capacity at each United 
                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

[[Page 115 STAT. 868]]

                    (H) measures are in place to enable United States 
                law enforcement authorities to ensure the effective 
                enforcement and monitoring of license revocation and 
                licensing procedures of Mexican motor carriers.
            (2) <<NOTE: Certification.>> The Secretary of Transportation 
        certifies in writing in a manner addressing the Inspector 
        General's findings in paragraphs (c)(1)(A) through (c)(1)(H) of 
        this section that the opening of the border does not pose an 
        unacceptable safety risk to the American public.

    (d) <<NOTE: Deadline.>> 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.

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