[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2299 Engrossed in House (EH)]
107th CONGRESS
1st Session
H. R. 2299
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 2002, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
Transportation and related agencies for the fiscal year ending
September 30, 2002, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Salaries and Expenses
For necessary expenses of the Office of the Secretary, $67,726,000:
Provided, That notwithstanding any other provision of law, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That not to exceed $60,000 shall be for
allocation within the Department for official reception and
representation expenses as the Secretary may determine.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $8,500,000.
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, $5,193,000.
Transportation Administrative Service Center
Necessary expenses for operating costs and capital outlays of the
Transportation Administrative Service Center, not to exceed
$125,323,000, shall be paid from appropriations made available to the
Department of Transportation: Provided, That such services shall be
provided on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on
operating expenses shall not apply to non-DOT entities: Provided
further, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Transportation Administrative
Service Center without the approval of the agency modal administrator:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved
by such Committees.
Minority Business Resource Center Program
For the cost of guaranteed loans, $500,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these 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, $3,382,588,000, of which $340,000,000 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.
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, $600,000,000, of which
$19,956,000 shall be derived from the Oil Spill Liability Trust Fund;
of which $90,990,000 shall be available to acquire, repair, renovate or
improve vessels, small boats and related equipment, to remain available
until September 30, 2006; $26,000,000 shall be available to acquire new
aircraft and increase aviation capability, to remain available until
September 30, 2004; $74,173,000 shall be available for other equipment,
to remain available until September 30, 2004; $44,206,000 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 $300,000,000 for the
integrated deepwater systems program, to remain available until
September 30, 2004: 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 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
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 of Transportation, or his designee within
the Office of the Secretary, and the Director, Office of Management and
Budget jointly certify to the House and Senate Committees on
Appropriations that IDS program funding for fiscal years 2003 through
2007 is 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.
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, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, 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, $21,722,000, 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,
$6,870,000,000, of which $5,773,519,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $5,494,883,000
shall be available for air traffic services program activities; not to
exceed $727,870,000 shall be available for aviation regulation and
certification program activities; not to exceed $135,949,000 shall be
available for civil aviation security program activities; not to exceed
$195,258,000 shall be available for research and acquisition program
activities; not to exceed $12,254,000 shall be available for commercial
space transportation program activities; not to exceed $50,480,000
shall be available for financial services program activities; not to
exceed $67,635,000 shall be available for human resources program
activities; not to exceed $84,613,000 shall be available for regional
coordination program activities; and not to exceed $108,776,000 shall
be available for staff offices: Provided, That none of the funds in
this Act shall be available for the Federal Aviation Administration to
plan, finalize, or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be credited
to this appropriation funds received from States, counties,
municipalities, foreign authorities, other public authorities, and
private sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $6,000,000 shall be for
the contract tower cost-sharing program: Provided further, That funds
may be used to enter into a grant agreement with a nonprofit 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 not to exceed $2,536,900,000 shall remain
available until September 30, 2004, and of which not to exceed
$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.
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, $191,481,000, 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.
Grants-in-Aid for Airports
(airport and airway trust fund)
(rescission of contract authorization)
The amount otherwise provided in this Act for ``OFFICE OF THE
SECRETARY--Salaries and Expenses'' is hereby increased by $720,000.
FEDERAL HIGHWAY ADMINISTRATION
limitation on administrative expenses
Necessary expenses for administration and operation of the Federal
Highway Administration not to exceed $311,837,000 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.
Limitation on Transportation Research
Necessary expenses for transportation research of the Federal
Highway Administration, not to exceed $447,500,000 shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration: Provided, That this limitation
shall not apply to any authority received under section 110 of title
23, United States Code; Provided further, That this limitation shall
not apply to any authority previously made available for obligation.
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 $31,716,797,000 for Federal-aid highways and highway
safety construction programs for fiscal year 2002.
Federal-Aid Highways
(liquidation of contract authorization)
(highway trust fund)
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.
State Infrastructure Banks
(rescission)
Of the funds made available for State Infrastructure Banks in
Public Law 104-205, $6,000,000 are rescinded.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Motor Carrier Safety
Limitation on Administrative Expenses
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 $92,307,000
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.
National Motor Carrier Safety Program
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
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
$205,896,000 for ``Motor Carrier Safety Grants'', and ``Information
Systems''.
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, $122,420,000, of which $90,430,000 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)
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.
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)
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, $110,461,000, of which $6,159,000 shall remain
available until expended.
Railroad Research and Development
For necessary expenses for railroad research and development,
$27,375,000, 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, $25,100,000, 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 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 XIX Winter Olympiad and 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.
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)
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 none of the funds provided under
this heading shall be available for section 3015(b) of Public Law 105-
178; 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;
and there shall be available for new fixed guideway systems
$1,136,400,000, together with $8,128,338 of the funds made available
under ``Federal Transit Administration, Discretionary grants'' in
Public law 105-66, and $22,023,391 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;
$25,000,000 for the Atlanta, Georgia, North line extension
project;
$10,867,000 for the Baltimore, Maryland, central light rail
transit double track project;
$11,203,169 for the Boston, Massachusetts, South Boston
Piers transitway project;
$5,000,000 for the Charlotte, North Carolina, south
corridor transitway project;
$35,000,000 for the Chicago, Illinois, Douglas branch
reconstruction project;
$23,000,000 for the Chicago, Illinois, Metra North central
corridor commuter rail project;
$19,118,735 for the Chicago, Illinois, Metra South West
corridor commuter rail project;
$20,000,000 for the Chicago, Illinois, Metra Union Pacific
West line extension project;
$2,000,000 for the Chicago, Illinois, Ravenswood
reconstruction project;
$5,000,000 for the Cleveland, Ohio, Euclid corridor
transportation project;
$70,000,000 for the Dallas, Texas, North central light rail
transit extension project;
$60,000,000 for the Denver, Colorado, Southeast corridor
light rail transit project;
$192,492 for the Denver, Colorado, Southwest light rail
transit project;
$25,000,000 for the Dulles corridor, Virginia, bus rapid
transit project;
$30,000,000 for the Fort Lauderdale, Florida, Tri-Rail
commuter rail upgrades project;
$3,000,000 for the Johnson County, Kansas-Kansas City,
Missouri, I-35 commuter rail project;
$60,000,000 for the Largo, Maryland, metrorail extension
project;
$1,800,000 for the Little Rock, Arkansas, river rail
project;
$10,000,000 for the Long Island Rail Road, New York, East
Side access project;
$49,686,469 for the Los Angeles North Hollywood,
California, extension project;
$5,500,000 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 project;
$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 project;
$4,000,000 for the Nashville, Tennessee, East corridor
commuter rail project;
$20,000,000 for the Newark-Elizabeth, New Jersey, rail link
project;
$4,000,000 for the New Britain-Hartford, Connecticut,
busway project;
$141,000,000 for the New Jersey Hudson Bergen light rail
transit project;
$13,800,000 for the New Orleans, Louisiana, Canal Street
car line project;
$3,100,000 for the New Orleans, Louisiana, Desire corridor
streetcar project;
$13,000,000 for the Oceanside-Escondido, California, light
rail extension project;
$16,000,000 for the Phoenix, Arizona, Central Phoenix/East
valley corridor project;
$6,000,000 for the Pittsburgh, Pennsylvania, North Shore
connector light rail transit project;
$20,000,000 for the Pittsburgh, Pennsylvania, stage II
light rail, transit reconstruction project;
$70,000,000 for the Portland, Oregon, Interstate MAX light
rail transit extension project;
$5,600,000 for the Puget Sound, Washington, RTA Sounder
commuter rail project;
$14,000,000 for the Raleigh, North Carolina, Triangle
transit project;
$328,810 for the Sacramento, California, light rail transit
extension project;
$15,000,000 for the Salt Lake City, Utah, CBD to University
light rail transit project;
$718,006 for the Salt Lake City, Utah, South light rail
transit project;
$65,000,000 for the San Diego Mission Valley East,
California, light rail transit extension project;
$2,000,000 for the San Diego, California, Mid Coast
corridor project;
$80,605,331 for the San Francisco, California, BART
extension to the airport project;
$113,336 for the San Jose Tasman West, California, transit
light rail project;
$40,000,000 for the San Juan, Puerto Rico, Tren Urbano
project;
$31,088,422 for the St. Louis, Missouri, MetroLink St.
Clair extension project;
$8,000,000 for the Stamford, Connecticut, urban transitway
project; and
$1,000,000 for the Washington County, Oregon, Wilsonville
to Beaverton commuter rail project.
Job Access and Reverse Commute Grants
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, $13,426,000, 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, $36,487,000, 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,
$48,475,000, of which $7,472,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2004; and of which $41,003,000 shall be derived from the Pipeline
Safety Fund, of which $20,707,000 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), 5127(c), and 5127(d): Provided
further, That none of the funds made available by 49 U.S.C. 5116(i),
5127(c), 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, $18,563,000: 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
$17,613,000.
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, $5,046,000: 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)
$66,400,000, 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.
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 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.
Sec. 308. 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. 309. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 310. 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. 311. 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. 312. 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. 313. 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. 314. 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. 315. 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. 316. 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. 317. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new 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.
Sec. 318. 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. 319. 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. 320. 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 a 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. 321. (a) In General.--None of the funds made available in this
Act may be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy American Act
(41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement 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. 322. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department from travel management centers,
charge card programs, the subleasing of building space, and
miscellaneous sources are to be credited to appropriations of the
Department and allocated to elements of the Department using fair and
equitable criteria and such funds shall be available until December 31,
2002.
Sec. 323. Notwithstanding any other provision of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of
an amount determined by the Secretary.
Sec. 324. For necessary expenses of the Amtrak Reform Council
authorized under section 203 of Public Law 105-134, $785,000 (reduced
by $335,000), to remain available until September 30, 2003: Provided,
That the duties of the Amtrak Reform Council described in section
203(g)(1) of Public Law 105-134 shall include the identification of
Amtrak routes which are candidates for closure or realignment, based on
performance rankings developed by Amtrak which incorporate information
on each route's fully allocated costs and ridership on core intercity
passenger service, and which assume, for purposes of closure or
realignment candidate identification, that Federal subsidies for Amtrak
will decline over the 4-year period from fiscal year 1999 to fiscal
year 2002: Provided further, That these closure or realignment
recommendations shall be included in the Amtrak Reform Council's annual
report to the Congress required by section 203(h) of Public Law 105-
134.
Sec. 325. None of the funds in this Act may be used to make a grant
unless the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days before
any discretionary grant award, letter of intent, or full funding grant
agreement totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant program of
the Federal Highway Administration other than the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; or (3) any program of the Federal Transit
Administration other than the formula grants and fixed guideway
modernization programs: Provided, That no notification shall involve
funds that are not available for obligation.
Sec. 326. Section 232 of H.R. 3425 of the 106th Congress, as
enacted by section 1000(a)(5) of the Consolidated Appropriations Act,
2000 is repealed.
Sec. 327. None of the funds in this Act shall be available for
planning, design, or construction of a light rail system in Houston,
Texas.
Sec. 328. None of the funds made available in this Act may be used
for engineering work related to an additional runway at New Orleans
International Airport.
Sec. 329. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the
Senate for advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol.
Sec. 330. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring 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. 331. 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.
Sec. 332. The Secretary of Transportation may use up to 1 percent
of the amounts made available to carry out 49 U.S.C. 5309 for oversight
activities under 49 U.S.C. 5327.
Sec. 333. Item number 1348 in the table contained in section 1602
of the Transportation Equity Act for the 21st Century (112 Stat. 269)
is amended by striking ``Extend West Douglas Road'' and inserting
``Construct Gastineau Channel Second Crossing to Douglas Island''.
Sec. 334. 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. 335. Item 642 in the table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 298),
relating to Washington, is amended by striking ``construct passenger
ferry facility to serve Southworth, Seattle'' and inserting ``passenger
only ferry to serve Kitsap County-Seattle''.
Sec. 336. Item 1793 in section 1602 of the Transportation Equity
Act for the 21st Century (112 Stat. 298), relating to Washington, is
amended by striking ``Southworth Seattle ferry'' and inserting
``passenger only ferry to serve Kitsap County-Seattle''.
Sec. 337. Item 576 in the table contained in section 1602 of the
Transportation Equity Act for the 21st 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. 338. 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. 339. 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. 340. None of the funds in this Act may be used for the
planning, design, development, or construction of the California State
Route 710 freeway extension project through El Sereno, South Pasadena,
and Pasadena, California.
Sec. 341. None of the funds in this Act may be used to process
applications by Mexico-domiciled motor carriers for conditional or
permanent authority to operate beyond the United States municipalities
and commercial zones adjacent to the United States-Mexico border.
This Act may be cited as the ``Department of Transportation and
Related Agencies Appropriations Act, 2002''.
Passed the House of Representatives June 26, 2001.
Attest:
Clerk.
107th CONGRESS
1st Session
H. R. 2299
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending September 30, 2002, and for other
purposes.