[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5559 Reported in House (RH)]

                                                 Union Calendar No. 452
107th CONGRESS
  2d Session
                                H. R. 5559

                          [Report No. 107-722]

Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 2003, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2002

Mr. Rogers of Kentucky, from the Committee on Appropriations, reported 
 the following bill; which was committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 2003, 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, 2003, 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, $82,474,000, 
of which not to exceed $4,355,000 shall be available for the immediate 
Office of the Secretary and Deputy Secretary; not to exceed $14,950,000 
shall be available for the Office of the General Counsel; not to exceed 
$12,024,000 shall be for the Under Secretary for Transportation Policy; 
not to exceed $7,415,000 shall be available for the Office of the 
Assistant Secretary for Budget and Programs; not to exceed $2,453,000 
shall be available for the Office of the Assistant Secretary for 
Government Affairs; not to exceed $27,686,000 shall be available for 
the Office of the Assistant Secretary for Administration; not to exceed 
$1,926,000 shall be available for the Office of Public Affairs; not to 
exceed $611,000 shall be available for the Board of Contract Appeals; 
not to exceed $1,304,000 shall be available for the Office of Small and 
Disadvantaged Business Utilization; not to exceed $9,750,000 shall be 
available for the Office of the Chief Information Officer: Provided, 
That not to exceed $60,000 shall be for allocation within the 
Department for official reception and representation expenses as the 
Secretary may determine: Provided further, That notwithstanding any 
other provision of law, excluding fees authorized in Public Law 107-71, 
there may be credited to this appropriation up to $2,500,000 in funds 
received in user fees: Provided further, That none of the funds 
provided in this Act shall be available for the position of Assistant 
Secretary for Public Affairs.

                         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, $11,157,000.

              Transportation Administrative Service Center

    Necessary expenses for operating costs and capital outlays of the 
Transportation Administrative Service Center, not to exceed 
$131,766,000, 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, 2004: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                       New Headquarters Building

    For necessary expenses of customizing the Department of 
Transportation's new base building and related advisory services, 
$25,000,000 to remain available until expended.

                        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, 
$50,000,000, to remain available until expended.

                 TRANSPORTATION SECURITY ADMINISTRATION

                           Aviation Security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to Public Law 107-71, $4,355,726,000, to remain available 
until expended, of which $176,691,200 shall be derived from a 
reimbursement from ``Federal Aviation Administration, Facilities and 
equipment,'' for explosives detection systems: Provided, That security 
service fees authorized under 49 U.S.C. 44940 shall be credited to this 
appropriation as offsetting collections and used for providing civil 
aviation security services authorized by that section: Provided 
further, That the sum herein appropriated from the General Fund shall 
be reduced on a dollar-for-dollar basis as such offsetting collections 
are received during fiscal year 2003, so as to result in a final fiscal 
year appropriation from the General Fund estimated at not more than 
$1,705,726,000: Provided further, That none of the funds in this Act 
shall be used to recruit or hire personnel into the Transportation 
Security Administration which would cause the agency to exceed a 
staffing level of 45,000 full-time permanent positions: Provided 
further, That funds provided in this Act for the Transportation 
Security Administration's Credentialing Project shall include funds to 
initiate pilot projects during fiscal year 2003 at locations on the 
East Coast and West Coast, to be determined by the Transportation 
Security Administration: Provided further, That such pilot projects 
shall include the various technologies necessary for successful 
technology evaluation and development of requirements, including card, 
reader, and database technologies.

                       Maritime and Land Security

    For necessary expenses of the Transportation Security 
Administration related to maritime and land transportation security 
grants and services pursuant to Public Law 107-71, $206,864,000, to 
remain available until expended.

                        Research and Development

    For necessary expenses of the Transportation Security 
Administration for research and development related to transportation 
security, $129,519,000, to remain available until expended.

                            Support Services

    For necessary expenses of the Transportation Security 
Administration for intelligence and agency-wide support activities 
pursuant to Public Law 107-71, $453,891,000, 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 
recreation and welfare, $4,305,456,000, of which $1,300,000,000 shall 
be available for defense-related activities; and of which $25,000,000 
shall be derived from the Oil Spill Liability Trust Fund: Provided, 
That none of the funds appropriated in this or any other Act shall be 
available for pay of administrative expenses in connection with 
shipping commissioners in the United States: Provided further, That 
none of the funds provided in this Act shall be available for expenses 
incurred for yacht documentation under 46 U.S.C. 12109, except to the 
extent fees are collected from yacht owners and credited to this 
appropriation: Provided further, That of the amounts made available 
under this heading, not less than $17,686,000 shall be used solely to 
increase staffing at Search and Rescue stations, surf stations and 
command centers, increase the training and experience level of 
individuals serving in said stations through targeted retention 
efforts, revise personnel policies and expand training programs, and to 
modernize and improve the quantity and quality of personal safety 
equipment, including survival suits, for personnel assigned to said 
stations: Provided further, That the Department of Transportation 
Inspector General shall audit and certify to the House and Senate 
Committees on Appropriations that the funding described in the 
preceding proviso is being used solely to supplement and not supplant 
the Coast Guard's level of effort in this area in fiscal year 2002.

              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, $725,000,000, of which 
$20,000,000 shall be derived from the Oil Spill Liability Trust Fund; 
of which $11,715,000 shall be available to acquire, repair, renovate or 
improve vessels, small boats and related equipment, to remain available 
until September 30, 2007; $2,700,000 shall be available to acquire new 
aircraft and increase aviation capability, to remain available until 
September 30, 2005; $114,200,000 shall be available for other 
equipment, to remain available until September 30, 2005; $31,385,000 
shall be available for shore facilities and aids to navigation 
facilities, to remain available until September 30, 2005; $65,000,000 
shall be available for personnel compensation and benefits and related 
costs, to remain available until September 30, 2004; and $500,000,000 
shall be available for the Integrated Deepwater Systems program, to 
remain available until September 30, 2007: 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 2004 
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 2004 through 2008, with total funding for each year of the 
plan constrained to the funding targets for those years as estimated 
and approved by the Office of Management and Budget: Provided further, 
That the Director, Office of Management and Budget shall submit the 
budget request for the IDS integration contract delineating sub-
headings which include the following: systems integrator, ship 
construction, aircraft, equipment, and communication, providing 
specific assets and costs under each subheading.

                Environmental Compliance and Restoration

    For necessary expenses to carry out the Coast Guard's environmental 
compliance and restoration functions under chapter 19 of title 14, 
United States Code, $17,000,000, to remain available until expended.

                         Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, $17,000,000, to remain available until expended: Provided, 
That funds for bridge alteration projects conducted pursuant to 33 
U.S.C. 511 are available only to the extent that the steel, iron, and 
manufactured products used in such projects are produced in the United 
States, unless contrary to law or international agreement, or unless 
the Commandant of the Coast Guard determines such action to be 
inconsistent with the public interest or the cost unreasonable.

                              Retired Pay

    For retired pay, including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, 
payments under the Retired Serviceman's Family Protection and Survivor 
Benefits Plans, payments for career status bonuses under the National 
Defense Authorization Act, and for payments for medical care of retired 
personnel and their dependents under the Dependents Medical Care Act 
(10 U.S.C. ch. 55), $889,000,000.

                            Reserve Training

    For all necessary expenses of the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services, $86,522,000.

              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, $21,000,000, to remain available until expended, of 
which $3,500,000, 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, 
$7,060,203,000, of which $3,585,068,000 shall be derived from the 
Airport and Airway Trust Fund: Provided, That none of the funds in this 
Act shall be available for the Federal Aviation Administration to 
finalize or implement any regulation that would promulgate new aviation 
user fees not specifically authorized by law after the date of the 
enactment of this Act: Provided further, That there may be credited to 
this appropriation funds received from States, counties, 
municipalities, foreign authorities, other public authorities, and 
private sources, for expenses incurred in the provision of agency 
services, including receipts for the maintenance and operation of air 
navigation facilities, and for issuance, renewal or modification of 
certificates, including airman, aircraft, and repair station 
certificates, or for tests related thereto, or for processing major 
repair or alteration forms: Provided further, That of the funds 
appropriated under this heading, not less than $6,000,000 shall be for 
the contract tower cost-sharing program: Provided further, That funds 
may be used to enter into a grant agreement with a nonprofit 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, 
$2,981,022,000; of which not to exceed $2,559,904,000 shall remain 
available until September 30, 2005, and of which not to exceed 
$421,118,000 shall remain available until September 30, 2003: 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 2004 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 2004 through 2008, 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, $138,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2005: 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; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under 49 U.S.C. 44706, $3,100,000,000, 
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 $3,400,000,000 in fiscal 
year 2003, notwithstanding 49 U.S.C. 47117(h): Provided further, That 
notwithstanding any other provision of law, not more than $62,820,000 
of funds limited under this heading shall be obligated for 
administration.

                Small Community Air Service Development

    For necessary expenses to carry out the Small Community Air Service 
Development Pilot Program pursuant to 49 U.S.C. 41743, $20,000,000, to 
remain available until expended.

                     FEDERAL HIGHWAY ADMINISTRATION

                 limitation on administrative expenses

    Necessary expenses for administration and operation of the Federal 
Highway Administration, not to exceed $370,042,000 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.

                          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 $27,653,143,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2003: Provided, That 
within the $27,653,143,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$462,500,000 shall be available for the implementation or execution of 
programs for transportation research (sections 502, 503, 504, 506, 507, 
and 508 of title 23, United States Code, as amended; section 5505 of 
title 49, Unites States Code, as amended; and sections 5112 and 5204-
5209 of Public Law 105-178) for fiscal year 2003: Provided further, 
That this limitation on transportation research programs shall not 
apply to any authority previously made available for obligation.

                (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.

                              (rescission)

    Of the unobligated balances made available under Public Law 103-
331, Public Law 102-388, Public Law 102-240, Public Law 102-143, Public 
Law 101-516, Public Law 97-424, Public Law 101-164, Public Law 100-17, 
and Public Law 95-599, $5,609,337 is rescinded.

                 Appalachian Development Highway System

    For necessary expenses for the Appalachian Development Highway 
System as authorized under section 1069(y) of Public Law 102-240, as 
amended, $100,000,000, to remain available until expended.

                            Emergency Relief

                          (highway trust fund)

    For the ``Emergency Relief Program,'' as authorized by 23 U.S.C. 
125, for emergency expenses to respond to natural disasters or 
catastrophic failures from external causes, $55,000,000, to be derived 
from the Highway Trust Fund and to remain available until expended.

              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 $92,857,000 
shall be paid in accordance with law from appropriations made available 
by this Act and from any available takedown balances to the Federal 
Motor Carrier Safety Administration, together with advances and 
reimbursements received by the Administration and $24,587,000 in budget 
authority to be derived from the Highway Trust Fund: 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, $190,000,000, 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 
$190,000,000 for ``Motor Carrier Safety Grants'', and ``Information 
Systems''.

                       Border Enforcement Program

                          (highway trust fund)

    To continue the Border Enforcement Program under section 350 of the 
Department of Transportation and Related Agencies Appropriations Act, 
2002, $59,967,000, to be derived from the Highway Trust Fund, for 
necessary expenses.

             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 $131,433,000, of which $98,161,131 shall remain available 
until September 30, 2005: 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 2003, 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, and 410, to remain available until expended, 
$225,000,000, 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 
2003, are in excess of $225,000,000 for programs authorized under 23 
U.S.C. 402, 405, and 410, of which $165,000,000 shall be for ``Highway 
Safety Programs'' under 23 U.S.C. 402, $20,000,000 shall be for 
``Occupant Protection Incentive Grants'' under 23 U.S.C. 405, and 
$40,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures 
Grants'' under 23 U.S.C. 410: 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 
$8,150,000 of the funds made available for section 402, not to exceed 
$1,000,000  of the funds made available for section 405, and not to 
exceed $2,000,000 of the funds made available for section 410 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, $117,363,000, of which $6,636,000 shall remain 
available until expended.

                   Railroad Research and Development

    For necessary expenses for railroad research and development, 
$27,325,000, 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 2003.

                    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, $30,450,000,  to 
remain available until expended.

         Grants to the National Railroad Passenger Corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation, $762,476,000, to remain 
available until expended, including $521,476,000 for quarterly grants 
for operating expenses of which not to exceed $150,000,000 shall be 
utilized for the support of long distance trains, and $241,000,000 for 
quarterly grants for general capital improvements: Provided, That 
within 60 days of enactment of a final Department of Transportation and 
Related Agencies Appropriations bill for fiscal year 2003 but not later 
than February 15, 2003, Amtrak shall transmit to the Secretary of 
Transportation and the House and Senate Committees on Appropriations a 
work plan for projects to be funded in fiscal year 2003 under section 
24104(a) of title 49, United States Code: Provided further, That the 
work plan shall include a description of the work to be funded, along 
with cost estimates and an estimated timetable for completion of the 
projects covered by this work plan: Provided further, That not later 
than January 1, 2003, April 1, 2003, July 1, 2003, and September 30, 
2003, Amtrak shall submit to the Secretary of Transportation and the 
House and Senate Committees on Appropriations a supplemental quarterly 
report regarding the work plan, which shall describe the work completed 
to date, any changes to the work plan, and reasons for such changes. 
The quarterly report shall also include an amended work plan to reflect 
any such changes: Provided further, That none of the funds in this Act 
may be used for operating expenses and capital projects, excluding 
payments made on October 1, 2002, not on the National Railroad 
Passenger Corporation's fiscal year 2003 operating and capital work 
plan: Provided further, That none of the funds under this heading may 
be obligated or expended until the National Railroad Passenger 
Corporation agrees to continue abiding by the provisions of paragraphs 
1, 2, 3, 5, 9, and 11 of the summary of conditions for the direct loan 
agreement of June 28, 2002, in the same manner as in effect on the date 
of enactment of this Act.

                     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, $14,600,000: Provided, That no more than $73,000,000 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: Provided further, That upon submission to the Congress of the 
fiscal year 2004 President's budget, the Secretary of Transportation 
shall transmit to Congress the annual report on new starts, proposed 
allocations of funds for fiscal year 2004: Provided further, That the 
amount herein appropriated shall be reduced by $100,000 per day for 
each day after initial submission of the President's budget that the 
report has not been submitted to the Congress.

                             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, $767,800,000, to 
remain available until expended: Provided, That no more than 
$3,839,000,000 of budget authority shall be available for these 
purposes: Provided further, That notwithstanding section 3008 of Public 
Law 105-178, $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall 
be transferred to and merged with funding provide for the replacement, 
rehabilitation, and purchase of buses and related equipment and the 
construction of bus-related facilities under ``Federal Transit 
Administration, Capital investment grants''.

                   University Transportation Research

    For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to 
remain available until expended: Provided, That no more than $6,000,000 
of budget authority shall be available for these purposes.

                     Transit Planning and Research

    For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $24,200,000, to remain 
available until expended: Provided, That no more than $122,000,000 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)), $60,385,600 is available for metropolitan 
planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 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, $5,781,000,000, to remain available until 
expended, and to be derived from the Mass Transit Account of the 
Highway Trust Fund: Provided, That $3,071,200,000 shall be paid to the 
Federal Transit Administration's formula grants account: Provided 
further, That $97,800,000 shall be paid to the Federal Transit 
Administration's transit planning and research account: Provided 
further, That $58,400,000 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 
$120,000,000 shall be paid to the Federal Transit Administration's job 
access and reverse commute grants program: Provided further, That 
$2,428,800,000 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, $607,200,000, to remain available until expended: Provided, That 
no more than $3,036,000,000 of budget authority shall be available for 
these purposes: Provided further, That there shall be available for 
fixed guideway modernization, $1,214,400,000; there shall be available 
for the replacement, rehabilitation, and purchase of buses and related 
equipment and the construction of bus facilities, $607,200,000, which 
shall include $50,000,000 made available under 5309(m)(3)(C) of this 
title, plus $50,000,000 transferred from ``Federal Transit 
Administration, Formula Grants''; and there shall be available for new 
starts $1,214,400,000, together with $2,883,828 of the funds made 
available under ``Federal Transit Administration, Capital investment 
grants'' in Public Law 105-66, together with $8,116,030 of the funds 
made available under ``Federal Transit Administration, Capital 
investment grants'' in Public Law 105-277, together with $12,437,113 of 
the funds made available under ``Federal Transit Administration, 
Capital investment grants'' in Public Law 106-69; to be available as 
follows:
            Alaska/Hawaii ferries, $10,296,000;
            Atlanta, GA, North Springs (North Line Extension), 
        $16,110,000;
            Baltimore, MD, Central LRT Double Tracking Project, 
        $10,500,000;
            Boston, MA, South Boston Piers Transitway, $681,824;
            Charlotte, NC, South Corridor Light Rail Transit Project, 
        $14,000,000;
            Chicago, IL, Douglas Branch Reconstruction, $55,000,000;
            Chicago, IL, North Central Corridor Commuter Rail, 
        $20,000,000;
            Chicago, IL, Ravenswood Reconstruction, $4,000,000;
            Chicago, IL, South West Corridor Commuter Rail, 
        $20,000,000;
            Chicago, IL, Union Pacific West Line Extension, 
        $12,000,000;
            Cleveland, OH, Euclid Corridor Transportation project, 
        $4,000,000;
            Dallas, TX, North Central Light Rail Extension, 
        $70,000,000;
            Denver, CO Southeast Corridor LRT, $70,000,000;
            Ft. Lauderdale, FL, Tri-County Commuter Rail Upgrades, 
        $39,689,213;
            Little Rock, AR, River Rail Streetcar Project, $700,000;
            Los Angeles, CA, Eastside Corridor LRT, $8,200,000;
            Los Angeles, CA, North Hollywood Red Line, $40,485,912;
            Lowell, MA-Nashua, NH, Commuter Rail Extension, $5,000,000;
            Maryland, MARC Commuter Rail Improvements, $11,500,000;
            Memphis, TN, Medical Center Rail Extension, $15,610,000;
            Minneapolis, MN, Hiawatha Corridor LRT, $60,000,000;
            Minneapolis, MN, Northstar Corridor Commuter Rail, 
        $7,000,000;
            Nashville, TN, East Corridor Commuter Rail, $6,000,000;
            New Jersey, Hudson-Bergen Light Rail--MOS1, $19,200,000;
            New Jersey, Hudson-Bergen Light Rail--MOS2, $50,000,000;
            New Orleans, LA, Canal Street Streetcar, $22,000,000;
            New Orleans, LA, Desire Corridor, $1,200,000;
            New York, NY, Long Island Rail Road, East Side Access 
        Project, $15,000,000;
            New York, NY, Second Avenue Subway, $4,000,000;
            Newark-Elizabeth, NJ, Rail Link, $60,000,000;
            Northern Indiana, South Shore Commuter Rail project, 
        $3,000,000;
            Oceanside-Escondido, CA, Rail Corridor, $15,000,000;
            Orange County, CA, Centerline Light Rail Project, 
        $1,800,000;
            Phoenix, AZ, Central Phoenix/East Valley Light Rail, 
        $18,000,000;
            Pittsburgh, PA, North Shore Connector LRT, $7,025,000;
            Pittsburgh, PA, Stage II LRT Reconstruction, $26,250,000;
            Portland, OR, Interstate MAX LRT Extension, $70,000,000;
            Puget Sound, WA, Sounder Commuter Rail, $5,000,000;
            Raleigh, NC, Phase I Regional Rail Project, $5,000,000;
            Salt Lake City, UT, CBD to University LRT, $68,760,000;
            Salt Lake City, UT, Medical Center Extension, $20,000,000;
            Salt Lake City, UT, North-South LRT, $718,006;
            San Diego, CA, Mission Valley East LRT Extension, 
        $65,000,000;
            San Francisco, CA, BART Extension to San Francisco Airport, 
        $100,000,000;
            San Francisco, CA, Third Street Light Rail Project, phase 
        II, $1,750,000;
            San Jose, CA, Silicon Valley Rapid Transit Corridor 
        Project, $250,000;
            San Juan, PR, Tren Urbano, $59,740,000;
            St. Louis, MO, Metrolink St. Clair Extension, $3,368,422;
            Washington D.C./MD, Largo Extension, $60,000,000; and
            Washington, D.C., Dulles Corridor Rapid Transit Project, 
        $35,000,000.

                 Job Access and Reverse Commute Grants

    Notwithstanding Public Law 105-178, as amended, for necessary 
expenses to carry out section 3037 of the Federal Transit Act of 1998, 
$30,000,000, to remain available until expended: Provided, That no more 
than $150,000,000 of budget authority shall be available for these 
purposes: Provided further, That up to $300,000 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

    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, $15,486,000, 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, $40,677,000, of which $645,000 
shall be derived from the Pipeline Safety Fund, and of which $3,250,000 
shall remain available until September 30, 2005: Provided, That up to 
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited 
in the general fund of the Treasury as offsetting receipts: Provided 
further, That there may be credited to this appropriation, to be 
available until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources for 
expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance of 
hazardous materials exemptions and approvals functions.

                            Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$58,697,000, of which $7,472,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2005; of which $51,225,000 shall be derived from the Pipeline Safety 
Fund, of which $22,786,000 shall remain available until September 30, 
2005.

                     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, 2005: Provided, That not more than $14,300,000 
shall be made available for obligation in fiscal year 2003 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, 
$57,421,000: 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, $19,450,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,000,000 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 2003, to 
result in a final appropriation from the general fund estimated at no 
more than $18,450,000.

                                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 $5,194,000: 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. 1309, 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) 
$71,270,000, 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 2003 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 107 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 expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 308. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 309. The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 310. (a) 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. 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, 2005, 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, 2002, 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 350 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 2003.
    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. 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. 318. 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. 319. 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. 320. 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; (3) any program of the Federal Transit Administration 
other than the formula grants and fixed guideway modernization 
programs; or (4) any port security grants of the Transportation 
Security Administration: Provided, That no notification shall involve 
funds that are not available for obligation.
    Sec. 321. (a) None of the funds made available in this Act shall be 
available for the design or construction of a light rail system in 
Houston, Texas.
    (b) Notwithstanding (a), amounts made available in this Act or 
previous Acts under the heading ``Federal Transit Administration, 
Capital investment grants'' for a Houston, Texas, Metro advanced 
transit plan project shall be available for obligation or expenditure 
subject to the following conditions:
            (1) Sufficient amounts shall be used for major investment 
        studies in 4 major corridors.
            (2) The Texas Department of Transportation shall review and 
        comment on the findings of the studies under paragraph (1). Any 
        comments by such department on such findings shall be included 
        in any final report on such studies.
            (3) If a final report on the studies under paragraph (1) is 
        not available for at least the 1-month period preceding the 
        date of any referendum held by the City of Houston, Texas, or 
        by a county of Texas, regarding approval of the issuance of 
        bonds for funding a light rail system in Houston, Texas, all 
        information developed by such studies regarding passenger and 
        cost estimates for such a system shall be made available to the 
        public at least 1 month before the date of the referendum.
    Sec. 322. None of the funds made available in this Act may be used 
for engineering work related to an additional runway at Louis Armstrong 
New Orleans International Airport.
    Sec. 323. 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 and the Transportation Security 
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, aviation 
security 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 
and the TSA for necessary security checkpoints.
    Sec. 324. Notwithstanding any other provision of law, whenever an 
allocation is made of the sums authorized to be appropriated for 
expenditure on the Federal lands highway program, and whenever an 
apportionment is made of the sums authorized to be appropriated for 
expenditure on the surface transportation program, the congestion 
mitigation and air quality improvement program, the National Highway 
System, the Interstate maintenance program, the bridge program, the 
Appalachian development highway system, and the minimum guarantee 
program, the Secretary of Transportation shall deduct a sum in such 
amount not to exceed 1.4 percent of all sums so made available to 
administer the provisions of law to be financed from appropriations for 
the program authorized under chapters 1 and 2 of title 23, United 
States Code, and to make transfers in accordance with section 
104(a)(1)(A)(ii) of title 23, United States Code: Provided, That any 
deduction by the Secretary of Transportation in accordance with this 
subsection shall be deemed to be a deduction under section 104(a)(1)(A) 
of title 23, United States Code, and the sum so deducted shall remain 
available until expended.
    Sec. 325. Notwithstanding any other provision of law, States may 
use funds provided in this Act under section 402 of title 23, United 
States Code, to produce and place highway safety public service 
messages in television, radio, cinema and print media, and on the 
Internet in accordance with guidance issued by the Secretary of 
Transportation: Provided, That any State that uses funds for such 
public service messages shall submit to the Secretary a report 
describing and assessing the effectiveness of the messages: Provided 
further, That $8,000,000 of the funds allocated for innovative seat 
belt projects under section 157 of title 23, United States Code, and 
$8,000,000 of funds allocated under section 163 of title 23, United 
States Code, shall be used by the States, as directed by the National 
Highway Traffic Safety Administrator, to purchase advertising in 
broadcast or print media to support the national mobilizations 
conducted in all fifty States, aimed at increasing seat belt use and 
reducing alcohol-impaired driving: Provided further, That up to 
$2,000,000 of the funds allocated for innovative seat belt projects 
under sections 157 and 163 of title 23, United States Code, shall be 
used by the Administrator to evaluate the effectiveness of State seat 
belt and alcohol-impaired driving programs that purchase advertising as 
provided by this section.
    Sec. 326. 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. 327. None of the funds in this Act may be expended to issue, 
implement, or enforce a regulation that diminishes or revokes an 
exemption authorized under section 345 of the National Highway System 
Designation Act of 1995 (Public Law 104-59; 109 Stat. 613; 49 U.S.C. 
31136 note) before the Secretary of Transportation determines by a 
rulemaking proceeding that the exemptions granted are not in the public 
interest and adversely affects the safety of commercial motor vehicles 
with respect to such exemption that is required under subsection (c) of 
such section and, as under subsection (d), if a result of monitoring 
the safety performance of drivers of commercial vehicles that are 
subject to an exemption under section 345, the Secretary determines 
that public safety has been severely affected by an exemption granted 
under this section, the Secretary shall report to Congress that 
determination: Provided, That this limitation shall not preclude the 
Secretary from revoking an exemption granted to an individual, farm, 
company, or other entity under section 345 of Public Law 104-59 for 
national security reasons.
    Sec. 328. Notwithstanding sections 22101 (c) and (d), 22103, 
22105(a), and 22108(b) of title 49, United States Code, the Secretary 
of Transportation shall make a grant under chapter 221 of such title in 
the amount of $690,287 to the State of Iowa for a rail infrastructure 
rehabilitation project on the Iowa Northern Railway. Such funds shall 
be provided from unexpended balances in the Local Rail Freight 
Assistance program under such chapter 221.
    Sec. 329. Notwithstanding 10 U.S.C. 1116(c), payments into the 
Department of Defense Medicare-Eligible Retiree Health Care Fund for 
fiscal year 2003 under 10 U.S.C. 1116(a) shall be from funds available 
in the Coast Guard Operating Expenses account.
    Sec. 330. Funds provided in Public Law 106-69 for the Wilmington, 
Delaware, downtown transit connector and funds provided in Public Law 
106-346 for the Wilmington downtown corridor project shall be available 
for Wilmington, Delaware, commuter rail improvements.
    Sec. 331. Notwithstanding any other provision of law--
            (1) in section 1602 of the Transportation Equity Act for 
        the 21st Century--
                    (A) item number 426 (112 Stat. 272) is amended by 
                striking ``Louisiana Highway 16'' and inserting the 
                following: ``Louisiana Highway 1026'';
                    (B) item number 696 (112 Stat. 383), relating to 
                Gettysburg, Pennsylvania, is amended by inserting after 
                ``Gettysburg comprehensive road improvement study'' the 
                following: ``and construction of projects identified in 
                the study'';
                    (C) item number 230 is amended by striking 
                ``Construct new exit 46A on I-90 at route 170 in North 
                Chili'' and inserting ``Monroe County transportation 
                improvements on Long Pond Road, Pattonwood Road, and 
                Leyll road'';
                    (D) item number 1344 (112 Stat. 306) is amended by 
                striking ``Upgrade'' and all that follows through 
                ``City'' and inserting the following ``Upgrade Frederic 
                Douglas Circle and Manahattan Avenue from West 110th 
                Street to West 125th Street, New York City'';
                    (E) item number 1108 is amended by striking 
                ``Construct'' and all that follows through 
                ``Brownsville'' and inserting ``Construct west Rail 
                Project in or near Brownsville, including a new 
                railroad international bridge crossing over the Rio 
                Grande River'';
                    (F) item number 1269 (112 Stat. 303) is amended by 
                striking ``Implement'' and all that follows through 
                ``system'' and inserting the following ``Bronx, NY 
                Center Transportation Project'';
                    (G) item number 933 (112 Stat. 291) is amended by 
                striking ``Redesign'' and all that follows through 
                ``City'' and inserting the following ``Design, 
                construction and related enhancement of the Grand 
                Concourse between E. 161st St. and E. 166th St., New 
                York City'';
                    (H) item number 75 (112 Stat. 259) is amended by 
                striking ``Construct'' and all that follows through 
                ``Route'' and inserting the following ``Bronx, NY River 
                Greenway''; and
                    (I) item number 1735 (112 Stat. 320) is amended by 
                inserting ``, including Type II noise abatement 
                projects along Interstate 95 in Bensalem Township 
                between Exit 25 and 26, Bucks County'' after 
                ``improvements'';
            (2) section 3030(d)(3) of the Transportation Equity Act for 
        the 21st Century (Public Law 105-178) is amended by 
        redesignating the second subparagraph (D) (as added by section 
        361 of Public Law 107-87) as subparagraph (E) and by inserting 
        at the end:
                    ``(F) Port of Anchorage Intermodal passenger and 
                freight facility.'';
            (3) of the $668,000 appropriated under the heading 
        ``Surface Transportation Projects'' in Public Law 103-331 for 
        CA 113 railroad grade separation, California, the unobligated 
        share shall be available for railroad grade separation for the 
        City of Dixon, Solano County, California;
            (4) the $500,000 appropriated under the heading ``Surface 
        Transportation Projects'' in Public Law 103-331 for 6th and 7th 
        Sts. improvements Brownsville, TX may be used to construct the 
        West Rail project in or near Brownsville, including a new 
        international railroad bridge crossing over the Rio Grand 
        River;
            (5) section 610, section 609(c), and the last sentence of 
        section 604(b)(1) of Public Law 97-468 are repealed;
            (6) for the purpose of further leveraging Federal resources 
        and enhancing private investment supporting the financing of 
        public toll roads in Orange County, California, authorized by 
        section 129(d) of title 23, United States Code, the Secretary 
        of Transportation shall modify the agreements entered into with 
        the San Joaquin Hills Transportation Corridor Agency and the 
        Foothill Eastern Transportation Corridor Agency pursuant to 
        section 339 of Public Law 102-388, section 336 of Public Law 
        103-331 and section 356 of Public Law 104-50, to extend the 
        term of coverage provided by such lines throughout the term of 
        the revenue bonds issued to acquire, finance or refinance those 
        facilities: Provided, That notwithstanding any other provision 
        of law, such modifications shall be deemed eligible under 
        section 184 of title 23, United States Code, and shall be 
        funded under section 188 of title 23, United States Code: 
        Provided further, That notwithstanding any other provision of 
        law, any amounts of the original Federal lines of credit not 
        drawn upon, up to the combined original principal amount of 
        $240,000,000, shall continue to be available for draws until 
        such revenue bonds have been retired: Provided further, That 
        notwithstanding any other provision of law, not more than 20 
        percent of the combined original principal amount shall be 
        available for draws in any one year: Provided further, That 
        notwithstanding any other provision of law, any draw (except 
        for operation and maintenance expenses) shall be repaid not 
        later than five years following the year in which such revenue 
        bonds have been retired. In implementing this section, the 
        Secretary may modify other terms of the existing Federal lines 
        of credit, including by combining them into a single line of 
        credit the principal amount of which is limited to 
        $240,000,000, provided that the marginal budgetary cost of any 
        such additional modifications is funded under section 188 of 
        title 23, United States Code; and
            (7) For the purpose of any applicable law, for fiscal year 
        2003, the city of Norman, Oklahoma, shall be considered to be 
        part of the Oklahoma City Transportation Management Area.
    Sec. 332. None of the funds made available under this Act may be 
used to finalize or implement the proposed rule entitled ``Statewide 
Planning, Metropolitan Transportation Planning'', published by the 
Department of Transportation in the Federal Register on June 19, 2002 
(67 FR 41648 et seq.).
    Sec. 333. None of the funds in this Act may be obligated or 
expended by the Federal Motor Carrier Safety Administration for the 
development or implementation of a pilot program for the purpose of 
allowing commercial drivers 18 to 20 years of age to operate the trucks 
and buses of motor carriers in interstate commerce.
    Sec. 334. Section 1023(h) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 127 note, Public Law 102-240) is 
amended--
            (1) in the subsection heading, by inserting ``Over-the-Road 
        Buses and'' before ``Public''; and
            (2) in paragraph (1), by striking ``to any vehicle which'' 
        and inserting the following: ``to--
                    ``(A) any over-the-road bus (as defined in section 
                301 of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12181)); or
                    ``(B) any vehicle that''.
    Sec. 335. Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87, including that the Secretary submit a report to the House 
and Senate Appropriations Committees annually on the safety and 
security of transportation into the United States by Mexico-domiciled 
motor carriers.
    Sec. 336. (a) Section 11123 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``failure of existing commuter 
                passenger transportation operations caused by a 
                cessation of service by the National Railroad Passenger 
                Corporation,'' after ``cessation of operations,'';
                    (B) by striking ``or'' at the end of paragraph (3);
                    (C) by striking the period at the end of paragraph 
                (4)(C) and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) in the case of a failure of existing freight or 
        commuter rail passenger transportation operations caused by a 
        cessation of service by the National Railroad Passenger 
        Corporation, direct the continuation of the operations and 
        dispatching, maintenance, and other necessary infrastructure 
        functions related to the operations.'';
            (2) in subsection (b)(3)--
                    (A) by striking ``When'' and inserting ``(A) Except 
                as provided in subparagraph (B), when''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) In the case of a failure of existing freight or commuter rail 
passenger transportation operations caused by a cessation of service by 
the National Railroad Passenger Corporation, the Board shall provide 
funding, to the extent provided in advance in appropriations Acts, to 
fully reimburse the directed service provider for its costs associated 
with the activities directed under subsection (a), including the 
payment of increased insurance premiums. The Board shall order complete 
indemnification against any and all claims associated with the 
provision of service to which the directed rail carrier may be 
exposed.''; and
            (3) In the case of a failure of existing freight or 
        commuter rail passenger transportation operations caused by 
        cessation of service by the National Railroad Passenger 
        Corporation, the Board may not direct a rail carrier to 
        undertake activities under subsection (a) to continue such 
        operations unless the Board first affirmatively finds that the 
        rail carrier is operationally capable of conducting the 
        directed service in a safe and efficient manner.
            (4) by adding at the end the following new subsections:
    ``(e) For purposes of this section, the National Railroad Passenger 
Corporation and any entity providing commuter rail passenger 
transportation shall be considered rail carriers subject to the Board's 
jurisdiction.
    ``(f) For purposes of this section, the term `commuter rail 
passenger transportation' has the meaning given that term in section 
24102(4).''.
    (b) Section 24301(c) of title 49, United States Code, is amended by 
inserting ``11123,'' after ``except for sections''.
    Sec. 337. The Secretary of Transportation shall, in cooperation 
with the Federal Aviation Administrator, encourage implementation of a 
locally developed and executed plan between the State of Illinois, the 
City of Chicago, and other affected communities for the purpose of 
modernizing O'Hare International Airport consistent with a proposed 
runway redesign plan, including western airport access; developing a 
south suburban airport near Peotone; continuing operation of Merrill C. 
Meigs Field; and recognizing the importance of utilizing existing 
infrastructure, such as the Greater Rockford and Gary/Chicago Airports, 
to alleviate congestion and provide additional aviation capacity. If 
such a plan cannot be developed and executed by said parties, the 
Secretary and the Administrator shall work with Congress to develop and 
implement a federal solution--including a modern O'Hare with east-west 
parallel runways, expansion of the Gary/Chicago Airport, and an 
additional air carrier airport near Peotone, Illinois--to address the 
aviation capacity crisis in the Chicago area. The Secretary shall 
provide a report to Congress, detailing the local progress on 
implementing a comprehensive aviation capacity expansion plan in the 
Chicago region, no later than 90 days after enactment of this Act.
    Sec. 338. The Air Transportation Safety and System Stabilization 
Act (49 U.S.C. 40101 note) is amended--
            (1) in section 408 by striking the last sentence of 
        subsection (c); and
            (2) in section 402 by striking paragraph (1) and inserting 
        the following:
            ``(1) Air carrier.--The term `air carrier' means a citizen 
        of the United States undertaking by any means, directly or 
        indirectly, to provide air transportation and includes 
        employees and agents (including persons engaged in the business 
        of providing air transportation security and their affiliates) 
        of such citizen. For purposes of the preceding sentence, the 
        term `agent', as applied to persons engaged in the business of 
        providing air transportation security, shall only include 
        persons that have contracted directly with the Federal Aviation 
        Administration and commenced services no later than February 
        17, 2002, to provide such security, and had not been debarred 
        for any period within 6 months from that date.''.
    Sec. 339. Not later than six months after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
(FAA) shall report to Congress on the safety implications of allowing a 
small airport to use ``Grants-in-aid for airports'' (Airport 
Improvement Program) funds to build or equip a visual flight rule air 
traffic control tower that would be operated under the FAA's contract 
tower program. The study shall also examine whether, for reasons of 
fairness and equity, small airports that have already built and 
equipped contract air traffic control towers should be eligible for 
reimbursement from ``Grants-in-aid for airports'' funds.
    Sec. 340. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 341. On February 15, 2003, and on each year thereafter, the 
National Railroad Passenger Corporation shall submit to the appropriate 
Congressional Committees a report detailing the per passenger operating 
loss on each rail line.
    Sec. 342. Any explosive detection system required to be purchased 
pursuant to 49 U.S.C. 44901(d) shall be purchased by the Under 
Secretary of Transportation for Security.
    Sec. 343. Section 110(c)(1) of the Aviation and Transportation 
Security Act (Public Law 107-71) is amended by striking ``Federal law 
enforcement officers'' and inserting ``law enforcement officers'' and 
49 U.S.C. 44920(e) is amended by striking ``Federal Government law 
enforcement officers'' and inserting ``law enforcement officers''.
    Sec. 344. None of the funds made available in this Act may be used 
to terminate or limit the restrictions imposed under Federal Aviation 
Administration Notice to Airmen FDC 2/0199, issued on September 27, 
2002, or to grant waivers of, or exemptions from, such restrictions.
    Sec. 345. None of the funds in this Act shall be used to procure 
Coast Guard ships, including main diesel engines, unless such 
procurement is in compliance with the Buy American Act, 41 U.S.C. 
10(a)-10(d).
    Sec. 346. Title 49, United States Code is amended by striking 
subsection (d) of section 13703 and relettering subsequent subsections 
accordingly.
    Sec. 347. No funds appropriated in this Act may be used to apply or 
enforce a regulatory requirement for strengthening of flight deck doors 
on classes of aircraft not specifically required to take such action 
under Public Law 107-71, section 104(a)(1), unless and until the Under 
Secretary of Transportation for Security, after opportunity for notice 
and comment, determines that such strengthening is necessary for 
aviation security purposes.
    This Act may be cited as the ``Department of Transportation and 
Related Agencies Appropriations Act, 2003''.
                                                 Union Calendar No. 452

107th CONGRESS

  2d Session

                               H. R. 5559

                          [Report No. 107-722]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of Transportation and related 
 agencies for the fiscal year ending September 30, 2003, and for other 
                               purposes.

_______________________________________________________________________

                            October 7, 2002

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed