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H.R.5576
Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia and Independent Agencies Appropriations Act, 2007 (Reported in Senate)
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, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, to remain available until expended, $583,750,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account): 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 2007, are in excess of $583,750,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of which $220,000,000 shall be for `Highway Safety Programs' under 23 U.S.C. 402, $25,000,000 shall be for `Occupant Protection Incentive Grants' under 23 U.S.C. 405, $124,500,000 shall be for `Safety Belt Performance Grants' under 23 U.S.C. 406, $34,500,000 shall be for `State Traffic Safety Information System Improvements' under 23 U.S.C. 408, $125,000,000 shall be for `Alcohol-Impaired Driving Countermeasures Incentive Grant Program' under 23 U.S.C. 410, $17,750,000 shall be for `Administrative Expenses' under section 2001(a)(11) of Public Law 109-59, $25,000,000 shall be for `High Visibility Enforcement Program' under section 2009 of Public Law 109-59, $6,000,000 shall be for `Motorcyclist Safety' under section 2010 of Public Law 109-59, and $6,000,000 shall be for `Child Safety and Child Booster Seat Safety Incentive Grants' under section 2011 of Public Law 109-59: 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 $500,000 of the funds made available for section 410 `Alcohol-Impaired Driving Countermeasures Grants' shall be available for technical assistance to the States: Provided further, That not to exceed $750,000 of the funds made available for the `High Visibility Enforcement Program' shall be available for the evaluation required under section 2009(f) of Public Law 109-59: Provided further, That notwithstanding any other provision of law or limitation on the use of funds made available under 23 U.S.C. 403, an additional $130,000 shall be made available to the NHTSA, out of the amount limited for 23 U.S.C. 402, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff.
(RESCISSION)
Of the amounts made available under this heading in prior appropriations Acts, $5,646,863 in unobligated balances are rescinded.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
SEC. 140. The Secretary may transfer funds in any fiscal year provided for administrative expenses for National Highway Traffic Safety Administration's National Driver Register, under section 2001(a)(7) of Public Law 109-59, and for the agency's administrative and related operating expenses, under section 2001(a)(11) of Public Law 109-59, to the `Operations and Research' account and the `Operations and Research, Limitations on Obligations, Highway Trust Fund' accounts.
SEC. 141. Not later than 90 days after the date of enactment of this Act, using funds made available to the National Highway Traffic Safety Administration, the Secretary of Transportation shall prepare and submit to the Congress a report describing the feasibility and marginal production costs of making all new passenger automobiles and light trucks sold in the United States capable of using a flexible fuel mixture.
Federal Railroad Administration
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $150,578,000, of which $13,870,890 shall remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development, $34,650,000, to remain available until expended.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make quarterly grants to the National Railroad Passenger Corporation for the maintenance and repair of capital infrastructure owned by the National Railroad Passenger Corporation, including railroad equipment, rollingstock, legal mandates and other services, $750,000,000, to remain available until expended, of which not to exceed $295,000,000 shall be for debt service obligations: Provided, That the Secretary of Transportation shall approve funding for capital expenditures, including advance purchase orders of materials required for future capital projects only after receiving, reviewing and approving a grant request for each specific capital grant justifying the Federal support to the Secretary's satisfaction: Provided further, That none of the funds under this heading may be used to subsidize operating losses of the Corporation: Provided further, That none of the funds under this heading may be used for capital projects not approved by the Secretary of Transportation or the Corporation's fiscal year 2007 business plan: Provided further, That the Secretary of Transportation may retain up to one-quarter of one percent of the funds under this heading to fund the oversight by the Federal Railroad Administration of the design and implementation of capital projects funded by grants made under this heading: Provided further, That the Secretary of Transportation shall not approve any grant for the maintenance, repair or refurbishment of equipment or facilities used for food and beverage service or used for sleeper and first class service unless such maintenance, repair or refurbishment is consistent with plans accepted by the Secretary under which the Federal subsidy of the Corporation's food and beverage service and the Corporation's sleeper and first class service will be progressively decreased and eliminated not later than the end of fiscal year 2011: Provided further, That as a condition for accepting any grant under this heading, the Secretary of Transportation shall require the Corporation to undertake to the Secretary's satisfaction the development of a detailed five-year capital investment plan that reflects the investments needed to provide safe, cost-effective, and timely intercity passenger rail service: Provided further, That the Secretary of Transportation shall require in the development of the capital investment plan, that the Corporation solicits the input, review and comment of the States where the Corporation provides service, and the railroads use infrastructure owned or controlled by the Corporation as to those capital investments required to meet transportation needs identified by the States or railroads: Provided further, That the annual budget submission to Congress shall include a detailed list of capital improvements to the system in prioritized order with a cost estimate for said projects along with a description and location for each project in the plan for this fiscal year and for the four fiscal years thereafter: Provided further, That the detailed capital investment plan shall identify those capital investments required to provide for or support the extent to which such investments will be funded by entities other than the Corporation: Provided further, That the detailed capital investment plan shall identify projects by whether they are needed to assure safety, whether they are needed to improve the cost effectiveness of passenger rail service, or whether they are required to preserve or improve the timelines of operations or schedule reliability: Provided further, That the capital plan shall identify the priority for each capital project in rank order, based upon a scenario for the Amtrak system as presently configured, a scenario under which the Corporation operates a system that can be sustained over the long-term with an annual level of Federal support equal to that which the Corporation receives under this Act and any other scenario the Secretary deems appropriate.
EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
(INCLUDING TRANSFER OF FUNDS)
For an additional amount made available to the Secretary of Transportation for efficiency incentive grants to the National Railroad Passenger Corporation, $650,000,000, to remain available until expended: Provided, That the Secretary may make grants to the National Railroad Passenger Corporation for an additional sum for operating subsidies at any time during the fiscal year for the purpose of maintaining the operation of existing or new Amtrak routes: Provided further, That nothing in the previous proviso should be interpreted to either encourage or discourage the Corporation with respect to adjusting existing routes or frequencies: Provided further, That the Secretary of Transportation shall reserve $60,000,000 of the funds provided under this heading and is authorized to transfer such sums to the Surface Transportation Board, upon request from said Board, to carry out directed service orders issued pursuant to section 11123 of title 49, United States Code, to respond to the cessation of commuter rail operations by the National Railroad Passenger Corporation: Provided further, That the Secretary of Transportation shall make the reserve funds available to the National Railroad Passenger Corporation through an appropriate grant instrument not earlier than September 1, 2007, to the extent that no directed service orders have been issued by the Surface Transportation Board as of the date of transfer or there is a balance of reserve funds not needed by the Board to pay for any directed service order issued through September 30, 2007: Provided further, That as a condition of accepting any grant under this heading, the Secretary of Transportation shall require the Corporation to undertake a pilot program subject to such terms, conditions and schedule as the Secretary deems appropriate to permit a State or States to assume the responsibility for intercity passenger rail service on a specific train, route or corridor that results in a measurable reduction in the amount of Federal subsidy required to provide such service: Provided further, That such service shall be provided through a contract between the State and the Corporation under which the Corporation provides only those functions requested by the State: Provided further, That the Secretary may require the Corporation to provide to the State access to the equipment and facilities presently used for service on the route of the pilot project and access to shared or system-wide services, such as reservations, required for the pilot project, subject to such terms and conditions as the Secretary deems reasonable to account for the Corporation's cost of such equipment, facilities and services: Provided further, That the Secretary may require the Corporation to provide the State a portion of the Corporation's operating subsidy equal to not more than 75 percent of the Corporation's fiscal year 2006 fully allocated loss attributable to the train or trains for the second and third year that the pilot service operates and not more than 50 percent of the fiscal year 2006 fully allocated loss attributable to the train or trains for the second and third year that the pilot service operates: Provided further, That as a condition of accepting any grant under this heading, the Secretary of Transportation shall require the Corporation to undertake a pilot program subject to such terms, conditions and schedule as the Secretary deems appropriate, under which the Corporation determines whether a private entity, at no incremental cost to the Corporation, would provide sleeper or first class service on a specific train or route: Provided further, That as a condition of accepting any grant under this heading, the Secretary of Transportation shall require the Corporation to develop a plan to progressively reduce the Corporation's net losses on food and beverage service so that such service is no worse than revenue neutral to the Corporation by the end of the fiscal year 2011: Provided further, That the Corporation shall reduce its net losses on food and beverage service, so that the net loss in fiscal year 2007 is 20 percent less than the net loss on such service in fiscal year 2005: Provided further, That as a condition of accepting any grant under this heading, the Secretary of Transportation shall require the Corporation to develop a plan to progressively reduce the Corporation's net losses on sleeper and first class service so that such service is no worse than revenue neutral to the Corporation by the end of fiscal year 2011: Provided further, That the Corporation shall reduce its net losses on sleeper and first class service, so that the net loss in fiscal year 2007 is 20 percent less than the net loss on such service in fiscal year 2005: Provided further, That the Corporation's Inspector General shall report no less frequently than quarterly on the progress made in reducing the Corporation's net loss from providing food and beverage service and the Corporation's net loss from providing sleeper and first class service.
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 2007.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
SEC. 150. The Secretary may purchase promotional items of nominal value for use in outreach activities to accomplish the purposes of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe guidelines for the administration of such purchases and use.
SEC. 151. Notwithstanding any other provision of this Act, funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. For purposes of this section, the word `services' shall mean any service that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States.
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, $85,000,000: Provided, That of the funds available under this heading, not to exceed $1,063,353 shall be available for the Office of the Administrator; not to exceed $7,653,698 shall be available for the Office of Administration; not to exceed $4,272,759 shall be available for the Office of the Chief Counsel; not to exceed $1,394,111 shall be available for the Office of Communication and Congressional Affairs; not to exceed $8,403,493 shall be available for the Office of Program Management; not to exceed $9,258,714 shall be available for the Office of Budget and Policy; not to exceed $4,876,078 shall be available for the Office of Demonstration and Innovation; not to exceed $3,272,077 shall be available for the Office of Civil Rights; not to exceed $4,717,764 shall be available for the Office of Planning; not to exceed $22,419,998 shall be available for regional offices; and not to exceed $17,667,955 shall be available for the central account: Provided further, That the Administrator is authorized to transfer funds appropriated for an office of the Federal Transit Administration: Provided further, That no appropriation for an office shall be increased or decreased by more than a total of 5 percent during the fiscal year by all such transfers: Provided further, That any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That any funding transferred from the central account shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That none of the funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: 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 upon submission to the Congress of the fiscal year 2008 President's budget, the Secretary of Transportation shall transmit to Congress the annual report on new starts, including proposed allocations of funds for fiscal year 2008.
FORMULA AND BUS GRANTS
(LIQUIDATION OF CONTRACT AUTHORITY)
(LIMITATION ON OBLIGATIONS)
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as amended, $3,925,000,000, to be derived from the Mass Transit Account of the Highway Trust Fund and to remain available until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178, as amended, shall not exceed total obligations of $7,262,775,000 in fiscal year 2007: Provided further, That except as provided in section 3044(b)(1) of Public Law 109-59, funds made available to carry out 49 U.S.C. 5308 shall instead be available to carry out 49 U.S.C. 5309(b)(3): Provided further, That $28,660,920 in unobligated balances are rescinded.
RESEARCH AND UNIVERSITY RESEARCH CENTERS
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322, and 5506, $61,000,000, to remain available until expended: Provided, That $9,300,000 is available to carry out the transit cooperative research program under section 5313 of title 49, United States Code, $4,300,000 is available for the National Transit Institute under section 5315 of title 49, United States Code, $7,000,000 is available for university transportation centers program under section 5506 of title 49, United States Code: Provided further, That $40,400,000 is available to carry out national research programs under sections 5312, 5313, 5314, and 5322 of title 49, United States Code.
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out section 5309 of title 49, United States Code, $1,466,000,000, to remain available until expended as follows:
Alaska and Hawaii ferry projects, Alaska, $15,000,000.
Central Link Initial Segment, Washington, $80,000,000.
Central LRT Double-Track, Maryland, $482,822.
Central Phoenix/East Valley Light Rail, Arizona, $90,000,000.
Charlotte (NC) Charlotte Rapid Transit Expansion Project, North Carolina, $6,000,000.
Charlotte (NC) South Corridor Light Rail Project, North Carolina, $70,744,065.
Commuter Rail, Salt Lake County to Weber County, Utah, $80,000,000.
CORRIDORone Regional Commuter Rail, $2,500,000.
CTA Douglas Blue Line, Chicago, Illinois, $1,573,675.
CTA Ravenswood Brown Line, Chicago, Illinois, $40,000,000.
Dallas Area Rapid Transit Northwest/Southeast Light Rail MOS, Texas, $80,000,000.
Denali Commission, Alaska, $5,000,000.
Dulles Corridor Rail Project, Virginia, $25,000,000.
Euclid Corridor Transportation Project, Ohio, $693,013.
Galveston Rail Trolley Extension to Boulevard, Texas, $2,000,000.
Honolulu High-Capacity Transit Corridor Project, Hawaii, $4,000,000.
Houston METRO--Advanced Transit Program/METRO Solutions Phase 2, Texas, $15,000,000.
Hudson-Bergen Light Rail MOS2, New Jersey, $100,000,000.
Interstate MAX LRT Extension, Oregon, $542,940.
Long Island Rail Road East Side Access, New York, $300,000,000.
Los Angeles Metro Gold Line Eastside Extension, California, $100,000,000.
MARC Commuter Rail Improvements, Maryland, $4,000,000.
Miami-Dade County Metrorail Orange Line Expansion, Florida, $2,000,000.
Mid-Jordan Light Rail Transit Line, Utah, $4,500,000.
Mission Valley East LRT Extension, California, $806,654.
NJ Trans-Hudson Midtown Corridor, New Jersey, $4,400,000.
Norfolk Light Rail Project Final Design and Construction, Virginia, $1,500,000.
North Shore LRT Connector, Pennsylvania, $55,000,000.
Northeast Corridor Commuter Rail Project between Wilmington and Newark, Delaware, $1,000,000.
Northstar Corridor Rail Project, Minnesota, $1,000,000.
Oceanside-Escondido Rail Corridor, California, $684,040.
Perris Valley Line Metrolink Extension, California, $3,000,000.
Post Road Commuter Rail Facility, Connecticut, $2,000,000.
San Francisco BART Extension to San Francisco International Airport, California, $2,424,694.
Schuylkill Valley MetroRail, Pennsylvania, $1,000,000.
South Corridor I-205/Portland Mall Light Rail, Oregon, $80,000,000.
South County Commuter Rail Project--Wickford Junction Station, Rhode Island, $7,000,000.
Southeast Corridor Multi-Modal Project (T-REX) Colorado, $80,000,000.
Tren Urbano, Puerto Rico, $2,670,518.
Union-Pacific West Line Extension, Illinois, $1,255,978.
University Link LRT Extension, Seattle, Washington, $15,000,000.
West Corridor LRT, Colorado, $35,000,000.
Wilsonville to Beaverton Commuter Rail Project, Oregon, $27,600,000.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION