107TH CONGRESS 1ST SESSION
H. R. 2299
AN ACT
Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2002, and for other purposes. 1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
2 1 That the following sums are appropriated, out of any 2 money in the Treasury not otherwise appropriated, for the 3 Department of Transportation and related agencies for 4 the fiscal year ending September 30, 2002, and for other 5 purposes, namely: 6 7 8 9 10 TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SALARIES
AND
EXPENSES
For necessary expenses of the Office of the Secretary,
11 $67,726,000: Provided, That notwithstanding any other 12 provision of law, there may be credited to this appropria13 tion up to $2,500,000 in funds received in user fees: Pro14 vided further, That not to exceed $60,000 shall be for allo15 cation within the Department for official reception and 16 representation expenses as the Secretary may determine. 17 18 OFFICE
OF
CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
19 $8,500,000. 20 21 22 TRANSPORTATION PLANNING, RESEARCH, DEVELOPMENT For necessary expenses for conducting transportation
AND
23 planning, research, systems development, development ac24 tivities, and making grants, to remain available until ex25 pended, $5,193,000.
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3 1 2 TRANSPORTATION ADMINISTRATIVE SERVICE CENTER Necessary expenses for operating costs and capital
3 outlays of the Transportation Administrative Service Cen4 ter, not to exceed $125,323,000, shall be paid from appro5 priations made available to the Department of Transpor6 tation: Provided, That such services shall be provided on 7 a competitive basis to entities within the Department of 8 Transportation: Provided further, That the above limita9 tion on operating expenses shall not apply to non-DOT 10 entities: Provided further, That no funds appropriated in 11 this Act to an agency of the Department shall be trans12 ferred to the Transportation Administrative Service Cen13 ter without the approval of the agency modal adminis14 trator: Provided further, That no assessments may be lev15 ied against any program, budget activity, subactivity or 16 project funded by this Act unless notice of such assess17 ments and the basis therefor are presented to the House 18 and Senate Committees on Appropriations and are ap19 proved by such Committees. 20 21 MINORITY BUSINESS RESOURCE CENTER PROGRAM For the cost of guaranteed loans, $500,000, as au-
22 thorized by 49 U.S.C. 332: Provided, That such costs, in23 cluding the cost of modifying such loans, shall be as de24 fined in section 502 of the Congressional Budget Act of 25 1974: Provided further, That these funds are available to
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4 1 subsidize total loan principal, any part of which is to be 2 guaranteed, not to exceed $18,367,000. In addition, for 3 administrative expenses to carry out the guaranteed loan 4 program, $400,000. 5 6 MINORITY BUSINESS OUTREACH For necessary expenses of Minority Business Re-
7 source Center outreach activities, $3,000,000, to remain 8 available until September 30, 2003: Provided, That not9 withstanding 49 U.S.C. 332, these funds may be used for 10 business opportunities related to any mode of transpor11 tation. 12 13 14 PAYMENTS
TO
AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other
15 source to carry out the essential air service program under 16 49 U.S.C. 41731 through 41742, to be derived from the 17 Airport and Airway Trust Fund, $13,000,000, to remain 18 available until expended. 19 20 21 COAST GUARD OPERATING EXPENSES For necessary expenses for the operation and mainte-
22 nance of the Coast Guard, not otherwise provided for; pur23 chase of not to exceed five passenger motor vehicles for 24 replacement only; payments pursuant to section 156 of 25 Public Law 97–377, as amended (42 U.S.C. 402 note),
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5 1 and section 229(b) of the Social Security Act (42 U.S.C. 2 429(b)); and recreation and welfare, $3,382,588,000, of 3 which $340,000,000 shall be available for defense-related 4 activities; and of which $24,945,000 shall be derived from 5 the Oil Spill Liability Trust Fund: Provided, That none 6 of the funds appropriated in this or any other Act shall 7 be available for pay of administrative expenses in connec8 tion with shipping commissioners in the United States: 9 Provided further, That none of the funds provided in this 10 Act shall be available for expenses incurred for yacht docu11 mentation under 46 U.S.C. 12109, except to the extent 12 fees are collected from yacht owners and credited to this 13 appropriation. 14 15 ACQUISITION, CONSTRUCTION,
AND IMPROVEMENTS
For necessary expenses of acquisition, construction,
16 renovation, and improvement of aids to navigation, shore 17 facilities, vessels, and aircraft, including equipment related 18 thereto, $600,000,000, of which $19,956,000 shall be de19 rived from the Oil Spill Liability Trust Fund; of which 20 $90,990,000 shall be available to acquire, repair, renovate 21 or improve vessels, small boats and related equipment, to 22 remain available until September 30, 2006; $26,000,000 23 shall be available to acquire new aircraft and increase 24 aviation capability, to remain available until September 25 30, 2004; $74,173,000 shall be available for other equip•HR 2299 EH
6 1 ment, to remain available until September 30, 2004; 2 $44,206,000 shall be available for shore facilities and aids 3 to navigation facilities, to remain available until Sep4 tember 30, 2004; $64,631,000 shall be available for per5 sonnel compensation and benefits and related costs, to re6 main available until September 30, 2003; and
7 $300,000,000 for the integrated deepwater systems pro8 gram, to remain available until September 30, 2004: Pro9 vided, That the Commandant of the Coast Guard is au10 thorized to dispose of surplus real property, by sale or 11 lease, and the proceeds shall be credited to this appropria12 tion as offsetting collections and made available only for 13 the national distress and response system modernization 14 program, to remain available for obligation until Sep15 tember 30, 2004: Provided further, That upon initial sub16 mission to the Congress of the fiscal year 2003 President’s 17 budget, the Secretary of Transportation shall transmit to 18 the Congress a comprehensive capital investment plan for 19 the United States Coast Guard which includes funding for 20 each budget line item for fiscal years 2003 through 2007, 21 with total funding for each year of the plan constrained 22 to the funding targets for those years as estimated and 23 approved by the Office of Management and Budget: Pro24 vided further, That none of the funds provided under this 25 heading may be obligated or expended for the Integrated
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7 1 Deepwater Systems (IDS) system integration contract 2 until the Secretary of Transportation, or his designee 3 within the Office of the Secretary, and the Director, Office 4 of Management and Budget jointly certify to the House 5 and Senate Committees on Appropriations that IDS pro6 gram funding for fiscal years 2003 through 2007 is fully 7 funded in the Coast Guard Capital Investment Plan and 8 within the Office of Management and Budget’s budgetary 9 projections for the Coast Guard for those years. 10 11 ENVIRONMENTAL COMPLIANCE
AND
RESTORATION
For necessary expenses to carry out the Coast
12 Guard’s environmental compliance and restoration func13 tions under chapter 19 of title 14, United States Code, 14 $16,927,000, to remain available until expended. 15 16 ALTERATION
OF
BRIDGES
For necessary expenses for alteration or removal of
17 obstructive bridges, $15,466,000, to remain available until 18 expended. 19 20 RETIRED PAY For retired pay, including the payment of obligations
21 therefor otherwise chargeable to lapsed appropriations for 22 this purpose, and payments under the Retired Service23 man’s Family Protection and Survivor Benefits Plans, and 24 for payments for medical care of retired personnel and
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8 1 their dependents under the Dependents Medical Care Act 2 (10 U.S.C. ch. 55), $876,346,000. 3 4 5 RESERVE TRAINING
(INCLUDING TRANSFER OF FUNDS)
For all necessary expenses of the Coast Guard Re-
6 serve, as authorized by law; maintenance and operation 7 of facilities; and supplies, equipment, and services, 8 $83,194,000: Provided, That no more than $25,800,000 9 of funds made available under this heading may be trans10 ferred to Coast Guard ‘‘Operating expenses’’ or otherwise 11 made available to reimburse the Coast Guard for financial 12 support of the Coast Guard Reserve: Provided further, 13 That none of the funds in this Act may be used by the 14 Coast Guard to assess direct charges on the Coast Guard 15 Reserves for items or activities which were not so charged 16 during fiscal year 1997. 17 18 RESEARCH, DEVELOPMENT, TEST,
AND
EVALUATION
For necessary expenses, not otherwise provided for,
19 for applied scientific research, development, test, and eval20 uation; maintenance, rehabilitation, lease and operation of 21 facilities and equipment, as authorized by law,
22 $21,722,000, to remain available until expended, of which 23 $3,492,000 shall be derived from the Oil Spill Liability 24 Trust Fund: Provided, That there may be credited to and 25 used for the purposes of this appropriation funds received
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9 1 from State and local governments, other public authori2 ties, private sources, and foreign countries, for expenses 3 incurred for research, development, testing, and evalua4 tion. 5 6 7 FEDERAL AVIATION ADMINISTRATION OPERATIONS For necessary expenses of the Federal Aviation Ad-
8 ministration, not otherwise provided for, including oper9 ations and research activities related to commercial space 10 transportation, administrative expenses for research and 11 development, establishment of air navigation facilities, the 12 operation (including leasing) and maintenance of aircraft, 13 subsidizing the cost of aeronautical charts and maps sold 14 to the public, lease or purchase of passenger motor vehi15 cles for replacement only, in addition to amounts made 16 available by Public Law 104–264, $6,870,000,000, of 17 which $5,773,519,000 shall be derived from the Airport 18 and Airway Trust Fund, of which not to exceed 19 $5,494,883,000 shall be available for air traffic services 20 program activities; not to exceed $727,870,000 shall be 21 available for aviation regulation and certification program 22 activities; not to exceed $135,949,000 shall be available 23 for civil aviation security program activities; not to exceed 24 $195,258,000 shall be available for research and acquisi25 tion program activities; not to exceed $12,254,000 shall
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10 1 be available for commercial space transportation program 2 activities; not to exceed $50,480,000 shall be available for 3 financial services program activities; not to exceed 4 $67,635,000 shall be available for human resources pro5 gram activities; not to exceed $84,613,000 shall be avail6 able for regional coordination program activities; and not 7 to exceed $108,776,000 shall be available for staff offices: 8 Provided, That none of the funds in this Act shall be avail9 able for the Federal Aviation Administration to plan, fi10 nalize, or implement any regulation that would promulgate 11 new aviation user fees not specifically authorized by law 12 after the date of the enactment of this Act: Provided fur13 ther, That there may be credited to this appropriation 14 funds received from States, counties, municipalities, for15 eign authorities, other public authorities, and private 16 sources, for expenses incurred in the provision of agency 17 services, including receipts for the maintenance and oper18 ation of air navigation facilities, and for issuance, renewal 19 or modification of certificates, including airman, aircraft, 20 and repair station certificates, or for tests related thereto, 21 or for processing major repair or alteration forms: Pro22 vided further, That of the funds appropriated under this 23 heading, not less than $6,000,000 shall be for the contract 24 tower cost-sharing program: Provided further, That funds 25 may be used to enter into a grant agreement with a non•HR 2299 EH
11 1 profit standard-setting organization to assist in the devel2 opment of aviation safety standards: Provided further, 3 That none of the funds in this Act shall be available for 4 new applicants for the second career training program: 5 Provided further, That none of the funds in this Act shall 6 be available for paying premium pay under 5 U.S.C. 7 5546(a) to any Federal Aviation Administration employee 8 unless such employee actually performed work during the 9 time corresponding to such premium pay: Provided fur10 ther, That none of the funds in this Act may be obligated 11 or expended to operate a manned auxiliary flight service 12 station in the contiguous United States: Provided further, 13 That none of the funds in this Act for aeronautical chart14 ing and cartography are available for activities conducted 15 by, or coordinated through, the Transportation Adminis16 trative Service Center. 17 18 19 FACILITIES
AND
EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for,
20 for acquisition, establishment, and improvement by con21 tract or purchase, and hire of air navigation and experi22 mental facilities and equipment as authorized under part 23 A of subtitle VII of title 49, United States Code, including 24 initial acquisition of necessary sites by lease or grant; en25 gineering and service testing, including construction of
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12 1 test facilities and acquisition of necessary sites by lease 2 or grant; construction and furnishing of quarters and re3 lated accommodations for officers and employees of the 4 Federal Aviation Administration stationed at remote local5 ities where such accommodations are not available; and 6 the purchase, lease, or transfer of aircraft from funds 7 available under this heading; to be derived from the Air8 port and Airway Trust Fund, $2,914,000,000, of which 9 not to exceed $2,536,900,000 shall remain available until 10 September 30, 2004, and of which not to exceed 11 $377,100,000 shall remain available until September 30, 12 2002: Provided, That there may be credited to this appro13 priation funds received from States, counties, municipali14 ties, other public authorities, and private sources, for ex15 penses incurred in the establishment and modernization 16 of air navigation facilities: Provided further, That upon ini17 tial submission to the Congress of the fiscal year 2003 18 President’s budget, the Secretary of Transportation shall 19 transmit to the Congress a comprehensive capital invest20 ment plan for the Federal Aviation Administration which 21 includes funding for each budget line item for fiscal years 22 2003 through 2007, with total funding for each year of 23 the plan constrained to the funding targets for those years 24 as estimated and approved by the Office of Management 25 and Budget.
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13 1 2 3 RESEARCH, ENGINEERING,
AND
DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for,
4 for research, engineering, and development, as authorized 5 under part A of subtitle VII of title 49, United States 6 Code, including construction of experimental facilities and 7 acquisition of necessary sites by lease or grant, 8 $191,481,000, to be derived from the Airport and Airway 9 Trust Fund and to remain available until September 30, 10 2004: Provided, That there may be credited to this appro11 priation funds received from States, counties, municipali12 ties, other public authorities, and private sources, for ex13 penses incurred for research, engineering, and develop14 ment. 15 16 17 18 19 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-
20 aid for airport planning and development, and noise com21 patibility planning and programs as authorized under sub22 chapter I of chapter 471 and subchapter I of chapter 475 23 of title 49, United States Code, and under other law au24 thorizing such obligations; for procurement, installation, 25 and commissioning of runway incursion prevention devices 26 and systems at airports of such title; for implementation
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14 1 of section 203 of Public Law 106–181; and for inspection 2 activities and administration of airport safety programs, 3 including those related to airport operating certificates 4 under section 44706 of title 49, United States Code, 5 $1,800,000,000, to be derived from the Airport and Air6 way Trust Fund and to remain available until expended: 7 Provided, That none of the funds under this heading shall 8 be available for the planning or execution of programs the 9 obligations for which are in excess of $3,300,000,000 in 10 fiscal year 2002, notwithstanding section 47117(h) of title 11 49, United States Code. 12 13 14 15 GRANTS-IN-AID
FOR
AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND) (RESCISSION OF CONTRACT AUTHORIZATION)
The amount otherwise provided in this Act for ‘‘OF-
16 FICE OF THE SECRETARY—Salaries and Expenses’’ 17 is hereby increased by $720,000. 18 19 20 FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Necessary expenses for administration and operation
21 of the Federal Highway Administration not to exceed 22 $311,837,000 shall be paid in accordance with law from 23 appropriations made available by this Act to the Federal 24 Highway Administration together with advances and reim25 bursements received by the Federal Highway Administra26 tion.
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15 1 2 LIMITATION
ON
TRANSPORTATION RESEARCH
Necessary expenses for transportation research of the Highway Administration, not to exceed
3 Federal
4 $447,500,000 shall be paid in accordance with law from 5 appropriations made available by this Act to the Federal 6 Highway Administration: Provided, That this limitation 7 shall not apply to any authority received under section 110 8 of title 23, United States Code; Provided further, That this 9 limitation shall not apply to any authority previously made 10 available for obligation. 11 12 13 14 FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for
15 the implementation or execution of programs, the obliga16 tions for which are in excess of $31,716,797,000 for Fed17 eral-aid highways and highway safety construction pro18 grams for fiscal year 2002. 19 20 21 22 FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United
23 States Code, that are attributable to Federal-aid high24 ways, including the National Scenic and Recreational 25 Highway as authorized by 23 U.S.C. 148, not otherwise 26 provided, including reimbursement for sums expended
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16 1 pursuant to the provisions of 23 U.S.C. 308,
2 $30,000,000,000 or so much thereof as may be available 3 in and derived from the Highway Trust Fund, to remain 4 available until expended. 5 6 7 STATE INFRASTRUCTURE BANKS
(RESCISSION)
Of the funds made available for State Infrastructure
8 Banks in Public Law 104–205, $6,000,000 are rescinded. 9 10 11 12 13 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MOTOR CARRIER SAFETY LIMITATION
ON
ADMINISTRATIVE EXPENSES
For necessary expenses for administration of motor
14 carrier safety programs and motor carrier safety research, 15 pursuant to section 104(a)(1)(B) of title 23, United States 16 Code, not to exceed $92,307,000 shall be paid in accord17 ance with law from appropriations made available by this 18 Act and from any available take-down balances to the Fed19 eral Motor Carrier Safety Administration, together with 20 advances and reimbursements received by the Federal 21 Motor Carrier Safety Administration: Provided, That such 22 amounts shall be available to carry out the functions and 23 operations of the Federal Motor Carrier Safety Adminis24 tration.
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17 1 2 3 4 5 NATIONAL MOTOR CARRIER SAFETY PROGRAM
(LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
6 49 U.S.C. 31102, 31106, and 31309, $205,896,000, to 7 be derived from the Highway Trust Fund and to remain 8 available until expended: Provided, That none of the funds 9 in this Act shall be available for the implementation or 10 execution of programs the obligations for which are in ex11 cess of $205,896,000 for ‘‘Motor Carrier Safety Grants’’, 12 and ‘‘Information Systems’’. 13 14 15 16 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OPERATIONS
AND
RESEARCH
For expenses necessary to discharge the functions of
17 the Secretary, with respect to traffic and highway safety 18 under chapter 301 of title 49, United States Code, and 19 part C of subtitle VI of title 49, United States Code, 20 $122,420,000, of which $90,430,000 shall remain avail21 able until September 30, 2004: Provided, That none of 22 the funds appropriated by this Act may be obligated or 23 expended to plan, finalize, or implement any rulemaking 24 to add to section 575.104 of title 49 of the Code of Fed25 eral Regulations any requirement pertaining to a grading 26 standard that is different from the three grading stand•HR 2299 EH
18 1 ards (treadwear, traction, and temperature resistance) al2 ready in effect. 3 4 5 6 7 OPERATIONS
AND
RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
8 the provisions of 23 U.S.C. 403, to remain available until 9 expended, $72,000,000, to be derived from the Highway 10 Trust Fund: Provided, That none of the funds in this Act 11 shall be available for the planning or execution of pro12 grams the total obligations for which, in fiscal year 2002, 13 are in excess of $72,000,000 for programs authorized 14 under 23 U.S.C. 403. 15 16 17 NATIONAL DRIVER REGISTER
(HIGHWAY TRUST FUND)
For expenses necessary to discharge the functions of
18 the Secretary with respect to the National Driver Register 19 under chapter 303 of title 49, United States Code, 20 $2,000,000, to be derived from the Highway Trust Fund, 21 and to remain available until expended.
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19 1 2 3 4 5 HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
6 the provisions of 23 U.S.C. 402, 405, 410, and 411, to 7 remain available until expended, $223,000,000, to be de8 rived from the Highway Trust Fund: Provided, That none 9 of the funds in this Act shall be available for the planning 10 or execution of programs the total obligations for which, 11 in fiscal year 2002, are in excess of $223,000,000 for pro12 grams authorized under 23 U.S.C. 402, 405, 410, and 13 411, of which $160,000,000 shall be for ‘‘Highway Safety 14 Programs’’ under 23 U.S.C. 402, $15,000,000 shall be for 15 ‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C. 16 405, $38,000,000 shall be for ‘‘Alcohol-Impaired Driving 17 Countermeasures Grants’’ under 23 U.S.C. 410, and 18 $10,000,000 shall be for the ‘‘State Highway Safety Data 19 Grants’’ under 23 U.S.C. 411: Provided further, That 20 none of these funds shall be used for construction, reha21 bilitation, or remodeling costs, or for office furnishings 22 and fixtures for State, local, or private buildings or struc23 tures: Provided further, That not to exceed $8,000,000 of 24 the funds made available for section 402, not to exceed 25 $750,000 of the funds made available for section 405, not 26 to exceed $1,900,000 of the funds made available for sec•HR 2299 EH
20 1 tion 410, and not to exceed $500,000 of the funds made 2 available for section 411 shall be available to NHTSA for 3 administering highway safety grants under chapter 4 of 4 title 23, United States Code: Provided further, That not 5 to exceed $500,000 of the funds made available for section 6 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 7 shall be available for technical assistance to the States. 8 9 10 FEDERAL RAILROAD ADMINISTRATION SAFETY
AND
OPERATIONS
For necessary expenses of the Federal Railroad Ad-
11 ministration, not otherwise provided for, $110,461,000, of 12 which $6,159,000 shall remain available until expended. 13 14 RAILROAD RESEARCH
AND
DEVELOPMENT
For necessary expenses for railroad research and de-
15 velopment, $27,375,000, to remain available until ex16 pended. 17 18 19 RAILROAD REHABILITATION
AND IMPROVEMENT
PROGRAM The Secretary of Transportation is authorized to
20 issue to the Secretary of the Treasury notes or other obli21 gations pursuant to section 512 of the Railroad Revitaliza22 tion and Regulatory Reform Act of 1976 (Public Law 94– 23 210), as amended, in such amounts and at such times as 24 may be necessary to pay any amounts required pursuant 25 to the guarantee of the principal amount of obligations
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21 1 under sections 511 through 513 of such Act, such author2 ity to exist as long as any such guaranteed obligation is 3 outstanding: Provided, That pursuant to section 502 of 4 such Act, as amended, no new direct loans or loan guar5 antee commitments shall be made using federal funds for 6 the credit risk premium during fiscal year 2002. 7 8 NEXT GENERATION HIGH-SPEED RAIL For necessary expenses for the Next Generation
9 High-Speed Rail program as authorized under 49 U.S.C. 10 26101 and 26102, $25,100,000, to remain available until 11 expended. 12 13 14 CAPITAL GRANTS
TO THE
NATIONAL RAILROAD
PASSENGER CORPORATION For necessary expenses of capital improvements of
15 the National Railroad Passenger Corporation as author16 ized by 49 U.S.C. 24104(a), $521,476,000, to remain 17 available until expended. 18 19 20 FEDERAL TRANSIT ADMINISTRATION ADMINISTRATIVE EXPENSES For necessary administrative expenses of the Federal
21 Transit Administration’s programs authorized by chapter 22 53 of title 49, United States Code, $13,400,000: Provided, 23 That no more than $67,000,000 of budget authority shall 24 be available for these purposes: Provided further, That of 25 the funds in this Act available for the execution of con•HR 2299 EH
22 1 tracts under section 5327(c) of title 49, United States 2 Code, $2,000,000 shall be reimbursed to the Department 3 of Transportation’s Office of Inspector General for costs 4 associated with audits and investigations of transit-related 5 issues, including reviews of new fixed guideway systems: 6 Provided further, That not to exceed $2,600,000 for the 7 National transit database shall remain available until ex8 pended. 9 10 11 FORMULA GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5307,
12 5308, 5310, 5311, 5327, and section 3038 of Public Law 13 105–178, $718,400,000, to remain available until ex14 pended: Provided, That no more than $3,592,000,000 of 15 budget authority shall be available for these purposes: Pro16 vided further, That of the funds provided under this head17 ing, $5,000,000 shall be available for grants for the costs 18 of planning, delivery, and temporary use of transit vehicles 19 for special transportation needs and construction of tem20 porary transportation facilities for the XIX Winter Olym21 piad and the VIII Paralympiad for the Disabled, to be held 22 in Salt Lake City, Utah: Provided further, That in allo23 cating the funds designated in the preceding proviso, the 24 Secretary shall make grants only to the Utah Department 25 of Transportation, and such grants shall not be subject
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23 1 to any local share requirement or limitation on operating 2 assistance under this Act or the Federal Transit Act, as 3 amended. 4 5 UNIVERSITY TRANSPORTATION RESEARCH For necessary expenses to carry out 49 U.S.C. 5505,
6 $1,200,000, to remain available until expended: Provided, 7 That no more than $6,000,000 of budget authority shall 8 be available for these purposes. 9 10 TRANSIT PLANNING
AND
RESEARCH
For necessary expenses to carry out 49 U.S.C. 5303,
11 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 12 5322, $23,000,000, to remain available until expended: 13 Provided, That no more than $116,000,000 of budget au14 thority shall be available for these purposes: Provided fur15 ther, That $5,250,000 is available to provide rural trans16 portation assistance (49 U.S.C. 5311(b)(2)), $4,000,000 17 is available to carry out programs under the National 18 Transit Institute (49 U.S.C. 5315), $8,250,000 is avail19 able to carry out transit cooperative research programs 20 (49 U.S.C. 5313(a)), $55,422,400 is available for metro21 politan planning (49 U.S.C. 5303, 5304, and 5305), 22 $11,577,600 is available for State planning (49 U.S.C. 23 5313(b)); and $31,500,000 is available for the national 24 planning and research program (49 U.S.C. 5314).
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24 1 2 3 4 TRUST FUND SHARE
OF
EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out
5 49 U.S.C. 5303–5308, 5310–5315, 5317(b), 5322, 5327, 6 5334, 5505, and sections 3037 and 3038 of Public Law 7 105–178, $5,397,800,000, to remain available until ex8 pended, and to be derived from the Mass Transit Account 9 of the Highway Trust Fund: Provided, That
10 $2,873,600,000 shall be paid to the Federal Transit Ad11 ministration’s formula grants account: Provided further, 12 That $93,000,000 shall be paid to the Federal Transit Ad13 ministration’s transit planning and research account: Pro14 vided further, That $53,600,000 shall be paid to the Fed15 eral Transit Administration’s administrative expenses ac16 count: Provided further, That $4,800,000 shall be paid to 17 the Federal Transit Administration’s university transpor18 tation research account: Provided further, That
19 $100,000,000 shall be paid to the Federal Transit Admin20 istration’s job access and reverse commute grants pro21 gram: Provided further, That $2,272,800,000 shall be paid 22 to the Federal Transit Administration’s capital investment 23 grants account.
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25 1 2 3 CAPITAL INVESTMENT GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5308,
4 5309, 5318, and 5327, $568,200,000, to remain available 5 until expended: Provided, That no more than
6 $2,841,000,000 of budget authority shall be available for 7 these purposes: Provided further, That none of the funds 8 provided under this heading shall be available for section 9 3015(b) of Public Law 105–178; Provided further, That 10 there shall be available for fixed guideway modernization, 11 $1,136,400,000; there shall be available for the replace12 ment, rehabilitation, and purchase of buses and related 13 equipment and the construction of bus-related facilities, 14 $568,200,000; and there shall be available for new fixed 15 guideway systems $1,136,400,000, together with
16 $8,128,338 of the funds made available under ‘‘Federal 17 Transit Administration, Discretionary grants’’ in Public 18 law 105–66, and $22,023,391 of the funds made available 19 under ‘‘Federal Transit Administration, Capital invest20 ment grants’’ in Public Law 105–277; to be available as 21 follows: 22 23 24 25 $10,296,000 projects; $25,000,000 for the Atlanta, Georgia, North line extension project; for Alaska or Hawaii ferry
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26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 $10,867,000 for the Baltimore, Maryland, central light rail transit double track project; $11,203,169 for the Boston, Massachusetts, South Boston Piers transitway project; $5,000,000 for the Charlotte, North Carolina, south corridor transitway project; $35,000,000 for the Chicago, Illinois, Douglas branch reconstruction project; $23,000,000 for the Chicago, Illinois, Metra North central corridor commuter rail project; $19,118,735 for the Chicago, Illinois, Metra South West corridor commuter rail project; $20,000,000 for the Chicago, Illinois, Metra Union Pacific West line extension project; $2,000,000 for the Chicago, Illinois,
Ravenswood reconstruction project; $5,000,000 for the Cleveland, Ohio, Euclid corridor transportation project; $70,000,000 for the Dallas, Texas, North central light rail transit extension project; $60,000,000 for the Denver, Colorado, Southeast corridor light rail transit project; $192,492 for the Denver, Colorado, Southwest light rail transit project;
•HR 2299 EH
27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 $25,000,000 for the Dulles corridor, Virginia, bus rapid transit project; $30,000,000 for the Fort Lauderdale, Florida, Tri-Rail commuter rail upgrades project; $3,000,000 for the Johnson County, KansasKansas City, Missouri, I–35 commuter rail project; $60,000,000 for the Largo, Maryland, metrorail extension project; $1,800,000 for the Little Rock, Arkansas, river rail project; $10,000,000 for the Long Island Rail Road, New York, East Side access project; $49,686,469 for the Los Angeles North Hollywood, California, extension project; $5,500,000 for the Los Angeles, California, East Side corridor light rail transit project; $3,000,000 for the Lowell, MassachusettsNashua, New Hampshire commuter rail extension project; $12,000,000 for the Maryland (MARC) commuter rail improvements project; $19,170,000 for the Memphis, Tennessee, Medical center rail extension project; $5,000,000 for the Miami, Florida, South Miami-Dade busway extension project;
•HR 2299 EH
28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 $10,000,000 for the Minneapolis-Rice, Minnesota, Northstar corridor commuter rail project; $50,000,000 for the Minneapolis-St. Paul, Minnesota, Hiawatha corridor project; $4,000,000 for the Nashville, Tennessee, East corridor commuter rail project; $20,000,000 for the Newark-Elizabeth, New Jersey, rail link project; $4,000,000 for the New Britain-Hartford, Connecticut, busway project; $141,000,000 for the New Jersey Hudson Bergen light rail transit project; $13,800,000 for the New Orleans, Louisiana, Canal Street car line project; $3,100,000 for the New Orleans, Louisiana, Desire corridor streetcar project; $13,000,000 for the Oceanside-Escondido, California, light rail extension project; $16,000,000 for the Phoenix, Arizona, Central Phoenix/East valley corridor project; $6,000,000 for the Pittsburgh, Pennsylvania, North Shore connector light rail transit project; $20,000,000 for the Pittsburgh, Pennsylvania, stage II light rail, transit reconstruction project;
•HR 2299 EH
29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 $70,000,000 for the Portland, Oregon, Interstate MAX light rail transit extension project; $5,600,000 for the Puget Sound, Washington, RTA Sounder commuter rail project; $14,000,000 for the Raleigh, North Carolina, Triangle transit project; $328,810 for the Sacramento, California, light rail transit extension project; $15,000,000 for the Salt Lake City, Utah, CBD to University light rail transit project; $718,006 for the Salt Lake City, Utah, South light rail transit project; $65,000,000 for the San Diego Mission Valley East, California, light rail transit extension project; $2,000,000 for the San Diego, California, Mid Coast corridor project; $80,605,331 for the San Francisco, California, BART extension to the airport project; $113,336 for the San Jose Tasman West, California, transit light rail project; $40,000,000 for the San Juan, Puerto Rico, Tren Urbano project; $31,088,422 for the St. Louis, Missouri, MetroLink St. Clair extension project;
•HR 2299 EH
30 1 2 3 4 5 6 7 $8,000,000 for the Stamford, Connecticut, urban transitway project; and $1,000,000 for the Washington County, Oregon, project. JOB ACCESS
AND
Wilsonville
to
Beaverton
commuter
rail
REVERSE COMMUTE GRANTS
For necessary expenses to carry out section 3037 of
8 the Federal Transit Act of 1998, $25,000,000, to remain 9 available until expended: Provided, That no more than 10 $125,000,000 of budget authority shall be available for 11 these purposes: Provided further, That up to $250,000 of 12 the funds provided under this heading may be used by the 13 Federal Transit Administration for technical assistance 14 and support and performance reviews of the job access and 15 reverse commute grants program. 16 17 18 19 20 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corpora-
21 tion is hereby authorized to make such expenditures, with22 in the limits of funds and borrowing authority available 23 to the Corporation, and in accord with law, and to make 24 such contracts and commitments without regard to fiscal 25 year limitations as provided by section 104 of the Govern•HR 2299 EH
31 1 ment Corporation Control Act, as amended, as may be 2 necessary in carrying out the programs set forth in the 3 Corporation’s budget for the current fiscal year. 4 5 6 OPERATIONS
AND
MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operations and mainte-
7 nance of those portions of the Saint Lawrence Seaway op8 erated and maintained by the Saint Lawrence Seaway De9 velopment Corporation, $13,426,000, to be derived from 10 the Harbor Maintenance Trust Fund, pursuant to Public 11 Law 99–662. 12 13 14 15 RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION RESEARCH
AND
SPECIAL PROGRAMS
For expenses necessary to discharge the functions of
16 the Research and Special Programs Administration, 17 $36,487,000, of which $645,000 shall be derived from the 18 Pipeline Safety Fund, and of which $2,170,000 shall re19 main available until September 30, 2004: Provided, That 20 up to $1,200,000 in fees collected under 49 U.S.C. 21 5108(g) shall be deposited in the general fund of the 22 Treasury as offsetting receipts: Provided further, That 23 there may be credited to this appropriation, to be available 24 until expended, funds received from States, counties, mu25 nicipalities, other public authorities, and private sources
•HR 2299 EH
32 1 for expenses incurred for training, for reports publication 2 and dissemination, and for travel expenses incurred in per3 formance of hazardous materials exemptions and approv4 als functions. 5 6 7 8 PIPELINE SAFETY
(PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of
9 the pipeline safety program, for grants-in-aid to carry out 10 a pipeline safety program, as authorized by 49 U.S.C. 11 60107, and to discharge the pipeline program responsibil12 ities of the Oil Pollution Act of 1990, $48,475,000, of 13 which $7,472,000 shall be derived from the Oil Spill Li14 ability Trust Fund and shall remain available until Sep15 tember 30, 2004; and of which $41,003,000 shall be de16 rived from the Pipeline Safety Fund, of which
17 $20,707,000 shall remain available until September 30, 18 2004. 19 20 21 EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C.
22 5127(c), $200,000, to be derived from the Emergency 23 Preparedness Fund, to remain available until September 24 30, 2004: Provided, That not more than $14,300,000 shall 25 be made available for obligation in fiscal year 2002 from 26 amounts made available by 49 U.S.C. 5116(i), 5127(c),
•HR 2299 EH
33 1 and 5127(d): Provided further, That none of the funds 2 made available by 49 U.S.C. 5116(i), 5127(c), and 3 5127(d) shall be made available for obligation by individ4 uals other than the Secretary of Transportation or his des5 ignee. 6 7 8 OFFICE OF INSPECTOR GENERAL SALARIES
AND
EXPENSES
For necessary expenses of the Office of Inspector
9 General to carry out the provisions of the Inspector Gen10 eral Act of 1978, as amended, $50,614,000: Provided, 11 That the Inspector General shall have all necessary au12 thority, in carrying out the duties specified in the Inspec13 tor General Act, as amended (5 U.S.C. App. 3) to inves14 tigate allegations of fraud, including false statements to 15 the government (18 U.S.C. 1001), by any person or entity 16 that is subject to regulation by the Department: Provided 17 further, That the funds made available under this heading 18 shall be used to investigate, pursuant to section 41712 of 19 title 49, United States Code: (1) unfair or deceptive prac20 tices and unfair methods of competition by domestic and 21 foreign air carriers and ticket agents; and (2) the compli22 ance of domestic and foreign air carriers with respect to 23 item (1) of this proviso.
•HR 2299 EH
34 1 2 3 SURFACE TRANSPORTATION BOARD SALARIES
AND
EXPENSES
For necessary expenses of the Surface Transpor-
4 tation Board, including services authorized by 5 U.S.C. 5 3109, $18,563,000: Provided, That notwithstanding any 6 other provision of law, not to exceed $950,000 from fees 7 established by the Chairman of the Surface Transpor8 tation Board shall be credited to this appropriation as off9 setting collections and used for necessary and authorized 10 expenses under this heading: Provided further, That the 11 sum herein appropriated from the general fund shall be 12 reduced on a dollar-for-dollar basis as such offsetting col13 lections are received during fiscal year 2002, to result in 14 a final appropriation from the general fund estimated at 15 no more than $17,613,000. 16 17 18 19 20 21 TITLE II RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD SALARIES
AND
EXPENSES
For expenses necessary for the Architectural and
22 Transportation Barriers Compliance Board, as authorized 23 by section 502 of the Rehabilitation Act of 1973, as 24 amended, $5,046,000: Provided, That, notwithstanding 25 any other provision of law, there may be credited to this
•HR 2299 EH
35 1 appropriation funds received for publications and training 2 expenses. 3 4 5 NATIONAL TRANSPORTATION SAFETY BOARD SALARIES
AND
EXPENSES
For necessary expenses of the National Transpor-
6 tation Safety Board, including hire of passenger motor ve7 hicles and aircraft; services as authorized by 5 U.S.C. 8 3109, but at rates for individuals not to exceed the per 9 diem rate equivalent to the rate for a GS–15; uniforms, 10 or allowances therefor, as authorized by law (5 U.S.C. 11 5901–5902) $66,400,000, of which not to exceed $2,000 12 may be used for official reception and representation ex13 penses. 14 15 16 17 TITLE III GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 301. During the current fiscal year applicable
18 appropriations to the Department of Transportation shall 19 be available for maintenance and operation of aircraft; 20 hire of passenger motor vehicles and aircraft; purchase of 21 liability insurance for motor vehicles operating in foreign 22 countries on official department business; and uniforms, 23 or allowances therefor, as authorized by law (5 U.S.C. 24 5901–5902).
•HR 2299 EH
36 1 SEC. 302. Such sums as may be necessary for fiscal
2 year 2002 pay raises for programs funded in this Act shall 3 be absorbed within the levels appropriated in this Act or 4 previous appropriations Acts. 5 SEC. 303. Appropriations contained in this Act for
6 the Department of Transportation shall be available for 7 services as authorized by 5 U.S.C. 3109, but at rates for 8 individuals not to exceed the per diem rate equivalent to 9 the rate for an Executive Level IV. 10 SEC. 304. None of the funds in this Act shall be avail-
11 able for salaries and expenses of more than 105 political 12 and Presidential appointees in the Department of Trans13 portation: Provided, That none of the personnel covered 14 by this provision or political and Presidential appointees 15 in an independent agency funded in this Act may be as16 signed on temporary detail outside the Department of 17 Transportation or such independent agency. 18 SEC. 305. None of the funds in this Act shall be used
19 for the planning or execution of any program to pay the 20 expenses of, or otherwise compensate, non-Federal parties 21 intervening in regulatory or adjudicatory proceedings 22 funded in this Act. 23 SEC. 306. None of the funds appropriated in this Act
24 shall remain available for obligation beyond the current
•HR 2299 EH
37 1 fiscal year, nor may any be transferred to other appropria2 tions, unless expressly so provided herein. 3 SEC. 307. The Secretary of Transportation is hereby
4 authorized to make such expenditures and investments, 5 within the limits of funds available pursuant to 49 U.S.C. 6 44307, and in accordance with section 104 of the Govern7 ment Corporation Control Act, as amended (31 U.S.C. 8 9104), as may be necessary in carrying out the program 9 for aviation insurance activities under chapter 443 of title 10 49, United States Code. 11 SEC. 308. The expenditure of any appropriation
12 under this Act for any consulting service through procure13 ment contract pursuant to section 3109 of title 5, United 14 States Code, shall be limited to those contracts where such 15 expenditures are a matter of public record and available 16 for public inspection, except where otherwise provided 17 under existing law, or under existing Executive order 18 issued pursuant to existing law. 19 SEC. 309. None of the funds in this Act shall be used
20 to implement section 404 of title 23, United States Code. 21 SEC. 310. The limitations on obligations for the pro-
22 grams of the Federal Transit Administration shall not 23 apply to any authority under 49 U.S.C. 5338, previously 24 made available for obligation, or to any other authority 25 previously made available for obligation.
•HR 2299 EH
38 1 SEC. 311. None of the funds in this Act shall be avail-
2 able to plan, finalize, or implement regulations that would 3 establish a vessel traffic safety fairway less than five miles 4 wide between the Santa Barbara Traffic Separation 5 Scheme and the San Francisco Traffic Separation 6 Scheme. 7 SEC. 312. Notwithstanding any other provision of
8 law, airports may transfer, without consideration, to the 9 Federal Aviation Administration (FAA) instrument land10 ing systems (along with associated approach lighting 11 equipment and runway visual range equipment) which 12 conform to FAA design and performance specifications, 13 the purchase of which was assisted by a Federal airport14 aid program, airport development aid program or airport 15 improvement program grant: Provided, That, the Federal 16 Aviation Administration shall accept such equipment, 17 which shall thereafter be operated and maintained by FAA 18 in accordance with agency criteria. 19 SEC. 313. Notwithstanding any other provision of
20 law, and except for fixed guideway modernization projects, 21 funds made available by this Act under ‘‘Federal Transit 22 Administration, Capital investment grants’’ for projects 23 specified in this Act or identified in reports accompanying 24 this Act not obligated by September 30, 2004, and other
•HR 2299 EH
39 1 recoveries, shall be made available for other projects under 2 49 U.S.C. 5309. 3 SEC. 314. Notwithstanding any other provision of
4 law, any funds appropriated before October 1, 2001, under 5 any section of chapter 53 of title 49, United States Code, 6 that remain available for expenditure may be transferred 7 to and administered under the most recent appropriation 8 heading for any such section. 9 SEC. 315. None of the funds in this Act may be used
10 to compensate in excess of 335 technical staff-years under 11 the federally funded research and development center con12 tract between the Federal Aviation Administration and the 13 Center for Advanced Aviation Systems Development dur14 ing fiscal year 2002. 15 SEC. 316. Funds received by the Federal Highway
16 Administration, Federal Transit Administration, and Fed17 eral Railroad Administration from States, counties, mu18 nicipalities, other public authorities, and private sources 19 for expenses incurred for training may be credited respec20 tively to the Federal Highway Administration’s ‘‘Federal21 Aid Highways’’ account, the Federal Transit Administra22 tion’s ‘‘Transit Planning and Research’’ account, and to 23 the Federal Railroad Administration’s ‘‘Safety and Oper24 ations’’ account, except for State rail safety inspectors 25 participating in training pursuant to 49 U.S.C. 20105.
•HR 2299 EH
40 1 SEC. 317. Funds made available for Alaska or Hawaii
2 ferry boats or ferry terminal facilities pursuant to 49 3 U.S.C. 5309(m)(2)(B) may be used to construct new ves4 sels and facilities, or to improve existing vessels and facili5 ties, including both the passenger and vehicle-related ele6 ments of such vessels and facilities, and for repair facili7 ties. 8 SEC. 318. Notwithstanding 31 U.S.C. 3302, funds re-
9 ceived by the Bureau of Transportation Statistics from the 10 sale of data products, for necessary expenses incurred pur11 suant to 49 U.S.C. 111 may be credited to the Federal12 aid highways account for the purpose of reimbursing the 13 Bureau for such expenses: Provided, That such funds shall 14 be subject to the obligation limitation for Federal-aid 15 highways and highway safety construction. 16 SEC. 319. None of the funds in this Act may be obli-
17 gated or expended for employee training which: (a) does 18 not meet identified needs for knowledge, skills and abilities 19 bearing directly upon the performance of official duties; 20 (b) contains elements likely to induce high levels of emo21 tional response or psychological stress in some partici22 pants; (c) does not require prior employee notification of 23 the content and methods to be used in the training and 24 written end of course evaluations; (d) contains any meth25 ods or content associated with religious or quasi-religious
•HR 2299 EH
41 1 belief systems or ‘‘new age’’ belief systems as defined in 2 Equal Employment Opportunity Commission Notice N– 3 915.022, dated September 2, 1988; (e) is offensive to, or 4 designed to change, participants’ personal values or life5 style outside the workplace; or (f) includes content related 6 to human immunodeficiency virus/acquired immune defi7 ciency syndrome (HIV/AIDS) other than that necessary 8 to make employees more aware of the medical ramifica9 tions of HIV/AIDS and the workplace rights of HIV-posi10 tive employees. 11 SEC. 320. None of the funds in this Act shall, in the
12 absence of express authorization by Congress, be used di13 rectly or indirectly to pay for any personal service, adver14 tisement, telegraph, telephone, letter, printed or written 15 material, radio, television, video presentation, electronic 16 communications, or other device, intended or designed to 17 influence in any manner a Member of Congress or of a 18 State legislature to favor or oppose by vote or otherwise, 19 any legislation or appropriation by Congress or a State 20 legislature after the introduction of any bill or resolution 21 in Congress proposing such legislation or appropriation, 22 or after the introduction of any bill or resolution in a State 23 legislature proposing such legislation or appropriation: 24 Provided, That this shall not prevent officers or employees 25 of the Department of Transportation or related agencies
•HR 2299 EH
42 1 funded in this Act from communicating to Members of 2 Congress or to Congress, on the request of any Member, 3 or to members of a State legislature, or to a State legisla4 ture, through the proper official channels, requests for leg5 islation or appropriations which they deem necessary for 6 the efficient conduct of business. 7 SEC. 321. (a) IN GENERAL.—None of the funds
8 made available in this Act may be expended by an entity 9 unless the entity agrees that in expending the funds the 10 entity will comply with the Buy American Act (41 U.S.C. 11 10a–10c). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) SENSE
GARDING OF THE
CONGRESS; REQUIREMENT RE-
NOTICE.— (1) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In
the case of any equipment or
product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only Americanmade equipment and products to the greatest extent practicable. (2) NOTICE
TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made available in this Act, the head of each Federal agen-
•HR 2299 EH
43 1 2 3 4 cy shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by the Congress. (c) PROHIBITION
OF
CONTRACTS WITH PERSONS
AS
5 FALSELY LABELING PRODUCTS
MADE
IN
AMERICA.—
6 If it has been finally determined by a court or Federal 7 agency that any person intentionally affixed a label bear8 ing a ‘‘Made in America’’ inscription, or any inscription 9 with the same meaning, to any product sold in or shipped 10 to the United States that is not made in the United 11 States, the person shall be ineligible to receive any con12 tract or subcontract made with funds made available in 13 this Act, pursuant to the debarment, suspension, and ineli14 gibility procedures described in sections 9.400 through 15 9.409 of title 48, Code of Federal Regulations. 16 SEC. 322. Rebates, refunds, incentive payments,
17 minor fees and other funds received by the Department 18 from travel management centers, charge card programs, 19 the subleasing of building space, and miscellaneous 20 sources are to be credited to appropriations of the Depart21 ment and allocated to elements of the Department using 22 fair and equitable criteria and such funds shall be avail23 able until December 31, 2002. 24 SEC. 323. Notwithstanding any other provision of
25 law, rule or regulation, the Secretary of Transportation
•HR 2299 EH
44 1 is authorized to allow the issuer of any preferred stock 2 heretofore sold to the Department to redeem or repur3 chase such stock upon the payment to the Department of 4 an amount determined by the Secretary. 5 SEC. 324. For necessary expenses of the Amtrak Re-
6 form Council authorized under section 203 of Public Law 7 105–134, $785,000 (reduced by $335,000), to remain 8 available until September 30, 2003: Provided, That the 9 duties of the Amtrak Reform Council described in section 10 203(g)(1) of Public Law 105–134 shall include the identi11 fication of Amtrak routes which are candidates for closure 12 or realignment, based on performance rankings developed 13 by Amtrak which incorporate information on each route’s 14 fully allocated costs and ridership on core intercity pas15 senger service, and which assume, for purposes of closure 16 or realignment candidate identification, that Federal sub17 sidies for Amtrak will decline over the 4-year period from 18 fiscal year 1999 to fiscal year 2002: Provided further, 19 That these closure or realignment recommendations shall 20 be included in the Amtrak Reform Council’s annual report 21 to the Congress required by section 203(h) of Public Law 22 105–134. 23 SEC. 325. None of the funds in this Act may be used
24 to make a grant unless the Secretary of Transportation 25 notifies the House and Senate Committees on Appropria•HR 2299 EH
45 1 tions not less than 3 full business days before any discre2 tionary grant award, letter of intent, or full funding grant 3 agreement totaling $1,000,000 or more is announced by 4 the department or its modal administrations from: (1) any 5 discretionary grant program of the Federal Highway Ad6 ministration other than the emergency relief program; (2) 7 the airport improvement program of the Federal Aviation 8 Administration; or (3) any program of the Federal Transit 9 Administration other than the formula grants and fixed 10 guideway modernization programs: Provided, That no no11 tification shall involve funds that are not available for obli12 gation. 13 SEC. 326. Section 232 of H.R. 3425 of the 106th
14 Congress, as enacted by section 1000(a)(5) of the Consoli15 dated Appropriations Act, 2000 is repealed. 16 SEC. 327. None of the funds in this Act shall be avail-
17 able for planning, design, or construction of a light rail 18 system in Houston, Texas. 19 SEC. 328. None of the funds made available in this
20 Act may be used for engineering work related to an addi21 tional runway at New Orleans International Airport. 22 SEC. 329. None of the funds appropriated by this Act
23 shall be used to propose or issue rules, regulations, de24 crees, or orders for the purpose of implementation, or in 25 preparation for implementation, of the Kyoto Protocol
•HR 2299 EH
46 1 which was adopted on December 11, 1997, in Kyoto, 2 Japan at the Third Conference of the Parties to the 3 United Nations Framework Convention on Climate 4 Change, which has not been submitted to the Senate for 5 advice and consent to ratification pursuant to article II, 6 section 2, clause 2, of the United States Constitution, and 7 which has not entered into force pursuant to article 25 8 of the Protocol. 9 SEC. 330. None of the funds in this Act shall be used
10 to pursue or adopt guidelines or regulations requiring air11 port sponsors to provide to the Federal Aviation Adminis12 tration without cost building construction, maintenance, 13 utilities and expenses, or space in airport sponsor-owned 14 buildings for services relating to air traffic control, air 15 navigation or weather reporting: Provided, That the prohi16 bition of funds in this section does not apply to negotia17 tions between the agency and airport sponsors to achieve 18 agreement on ‘‘below-market’’ rates for these items or to 19 grant assurances that require airport sponsors to provide 20 land without cost to the FAA for air traffic control facili21 ties. 22 SEC. 331. Notwithstanding any other provision of
23 law, States may use funds provided in this Act under sec24 tion 402 of title 23, United States Code, to produce and 25 place highway safety public service messages in television,
•HR 2299 EH
47 1 radio, cinema, and print media, and on the Internet in 2 accordance with guidance issued by the Secretary of 3 Transportation: Provided, That any State that uses funds 4 for such public service messages shall submit to the Sec5 retary a report describing and assessing the effectiveness 6 of the messages. 7 SEC. 332. The Secretary of Transportation may use
8 up to 1 percent of the amounts made available to carry 9 out 49 U.S.C. 5309 for oversight activities under 49 10 U.S.C. 5327. 11 SEC. 333. Item number 1348 in the table contained
12 in section 1602 of the Transportation Equity Act for the 13 21st Century (112 Stat. 269) is amended by striking ‘‘Ex14 tend West Douglas Road’’ and inserting ‘‘Construct Gasti15 neau Channel Second Crossing to Douglas Island’’. 16 SEC. 334. None of the funds in this Act may be obli-
17 gated for the Office of the Secretary of Transportation 18 to approve assessments or reimbursable agreements per19 taining to funds appropriated to the modal administra20 tions in this Act, except for activities underway on the 21 date of enactment of this Act, unless such assessments 22 or agreements have completed the normal reprogramming 23 process for Congressional notification. 24 SEC. 335. Item 642 in the table contained in section
25 1602 of the Transportation Equity Act for the 21st Cen•HR 2299 EH
48 1 tury (112 Stat. 298), relating to Washington, is amended 2 by striking ‘‘construct passenger ferry facility to serve 3 Southworth, Seattle’’ and inserting ‘‘passenger only ferry 4 to serve Kitsap County-Seattle’’. 5 SEC. 336. Item 1793 in section 1602 of the Trans-
6 portation Equity Act for the 21st Century (112 Stat. 7 298), relating to Washington, is amended by striking 8 ‘‘Southworth Seattle ferry’’ and inserting ‘‘passenger only 9 ferry to serve Kitsap County-Seattle’’. 10 SEC. 337. Item 576 in the table contained in section
11 1602 of the Transportation Equity Act for the 21st Cen12 tury (112 Stat. 278) is amended by striking ‘‘Bull Shoals 13 Lake Ferry in Taney County’’ and inserting ‘‘Construct 14 the Missouri Center for Advanced Highway Safety 15 (MOCAHS)’’. 16 SEC. 338. The transit station operated by the Wash-
17 ington Metropolitan Area Transit Authority located at 18 Ronald Reagan Washington National Airport, and known 19 as the National Airport Station, shall be known and des20 ignated as the ‘‘Ronald Reagan Washington National Air21 port Station’’. The Washington Metropolitan Area Transit 22 Authority shall modify the signs at the transit station, and 23 all maps, directories, documents, and other records pub24 lished by the Authority, to reflect the redesignation.
•HR 2299 EH
49 1 SEC. 339. None of the funds appropriated or other-
2 wise made available in this Act may be made available to 3 any person or entity convicted of violating the Buy Amer4 ican Act (41 U.S.C. 10a–10c). 5 SEC. 340. None of the funds in this Act may be used
6 for the planning, design, development, or construction of 7 the California State Route 710 freeway extension project 8 through El Sereno, South Pasadena, and Pasadena, Cali9 fornia. 10 SEC. 341. None of the funds in this Act may be used
11 to process applications by Mexico-domiciled motor carriers 12 for conditional or permanent authority to operate beyond 13 the United States municipalities and commercial zones ad14 jacent to the United States-Mexico border. 15 This Act may be cited as the ‘‘Department of Trans-
16 portation and Related Agencies Appropriations Act, 17 2002’’. Passed the House of Representatives June 26, 2001. Attest:
Clerk.
•HR 2299 EH
107TH CONGRESS 1ST SESSION
H. R. 2299
AN ACT
Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2002, and for other purposes.