[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