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is operationally capable of conducting the directed 
service in a safe and efficient manner. 
(4) by adding at the end the following new sub-
sections: 
‘‘(e) For purposes of this section, the National Rail-
road Passenger Corporation and any entity providing com-
muter 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 sec-
tions’’.
SEC. 337. The Secretary of Transportation shall, in 
cooperation with the Federal Aviation Administrator, en-
courage implementation of a locally developed and exe-
cuted plan between the State of Illinois, the City of Chi-
cago, and other affected communities for the purpose of 
modernizing O’Hare International Airport consistent with 
a proposed runway redesign plan, including western air-
port access; developing a south suburban airport near 
Peotone; continuing operation of Merrill C. Meigs Field; 
and recognizing the importance of utilizing existing infra-
structure, such as the Greater Rockford and Gary/Chicago
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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 Adminis-
trator 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 Air-
port, and an additional air carrier airport near Peotone, 
Illinois—to address the aviation capacity crisis in the Chi-
cago area. The Secretary shall provide a report to Con-
gress, detailing the local progress on implementing a com-
prehensive 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 pro-
viding air transportation security and their affili-
ates) of such citizen. For purposes of the preceding
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sentence, the term ‘agent’, as applied to persons en-
gaged in the business of providing air transportation 
security, shall only include persons that have con-
tracted directly with the Federal Aviation Adminis-
tration and commenced services no later than Feb-
ruary 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 exam-
ine whether, for reasons of fairness and equity, small air-
ports 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 in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act.
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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 im-
posed 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 en-
gines, unless such procurement is in compliance with the 
Buy American Act, 41 U.S.C. 10(a)–10(d).
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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 op-
portunity for notice and comment, determines that such 
strengthening is necessary for aviation security purposes. 
This Act may be cited as the ‘‘Department of Trans-
portation and Related Agencies Appropriations Act, 
2003’’.