H. J. Res. 2—410
‘‘(c) AGREEMENTS.—To deputize a State or local law enforcement
officer under this section, the Under Secretary shall enter into
a voluntary agreement with the appropriate State or local law
enforcement agency that employs the State or local law enforcement
officer.
‘‘(d) REIMBURSEMENT.—
‘‘(1) IN GENERAL.—The Under Secretary shall reimburse
a State or local law enforcement agency for all reasonable,
allowable, and allocable costs incurred by the State or local
law enforcement agency with respect to a law enforcement
officer deputized under this section.
‘‘(2) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated such sums as may be necessary
to carry out this subsection.
‘‘(e) FEDERAL TORT CLAIMS ACT.—A State or local law enforce-
ment officer who is deputized under this section shall be treated
as an ‘employee of the Government’ for purposes of sections 1346(b),
2401(b), and chapter 171 of title 28, United States Code, while
carrying out Federal airport security duties within the course and
scope of the officer’s employment, subject to Federal supervision
and control, and in accordance with the terms of such deputation.
‘‘(f) STATIONING OF OFFICERS.—The Under Secretary may allow
law enforcement personnel to be stationed other than at the airport
security screening location if that would be preferable for law
enforcement purposes and if such personnel would still be able
to provide prompt responsiveness to problems occurring at the
screening location.’’.
(b) SECURITY SERVICE FEE.—Section 44940(a)(1) of title 49,
United States Code, is amended by adding at the end the following:
‘‘For purposes of subparagraph (A), the term ‘Federal law enforce-
ment personnel’ includes State and local law enforcement officers
who are deputized under section 44922.’’.
(c) CONFORMING AMENDMENT.—The table of sections for chapter
449 of title 49, United States Code, is amended by adding at
the end of the items relating to subchapter I the following:
‘‘44922. Deputation of State and local law enforcement officers.’’.
(d) DEPUTATION OF FEDERAL LAW ENFORCEMENT OFFICERS.—
Section 114(q)(1) of title 49, United States Code, is amended by
adding ‘‘or other Federal agency’’ after ‘‘Transportation Security
Administration’’.
SEC. 352. FAA NOTICE TO AIRMEN FDC 2/0199. (a) IN GEN-
ERAL.—The Secretary of Transportation—
(1) shall maintain in full force and effect, for a period
of 1 year after the date of enactment of this Act, the restrictions
imposed under Federal Aviation Administration Notice to Air-
men FDC 2/0199 and the restrictions that had been in effect
on September 26, 2002 and that were imposed under local
Notices to Airmen based on or derived from Notice to Airmen
FDC 1/3353;
(2) shall rescind immediately any waivers or exemptions
from those restrictions that are in effect on the date of enact-
ment of this Act; and
(3) may not grant any waivers or exemptions from those
restrictions, except—
(A) as authorized by air traffic control for operational
or safety purposes;
H. J. Res. 2—411
(B) for operational purposes of an event, stadium, or
other venue, including (in the case of a sporting event)
equipment or parts, transport of team members, officials
of the governing body and immediate family members and
guests of such teams and officials to and from the event,
stadium, or other venue;
(C) for broadcast coverage for any broadcast rights
holder;
(D) for safety and security purposes of the event, sta-
dium, or other venue; or
(E) to operate an aircraft in restricted airspace to the
extent necessary to arrive at or depart from an airport
using standard air traffic procedures.
(b) WAIVERS.—Beginning no earlier than 1 year after the date
of enactment of this Act, the Secretary may modify or terminate
such restrictions, or issue waivers or exemptions from such restric-
tions, if the Secretary promulgates, after public notice and an
opportunity for comment, a rule setting forth the standards under
which the Secretary may grant a waiver or exemption. Such stand-
ards shall provide a level of security at least equivalent to that
provided by the waiver policy applied by the Secretary as of the
date of enactment of this Act.
(c) FUNDING LIMITATION.—Unless and until the Secretary
promulgates a rule in accordance with subsection (b) above, none
of the funds made available in this Act or any other Act may
be used to terminate or limit the restrictions described in paragraph
(a)(1) above or to grant waivers of, or exemptions from, such restric-
tions except as provided in paragraph (a)(3) above.
(d) BROADCAST CONTRACTS NOT AFFECTED.—Nothing in this
section shall be construed to affect contractual rights pertaining
to any broadcasting agreement.
SEC. 353. 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. 354. Title 49, United States Code, is amended by striking
subsection (d) of section 13703 and relettering subsequent sub-
sections accordingly.
SEC. 355. 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.
SEC. 356. Insert the following new section at the end of chapter
53 of title 49, United States Code:
‘‘SEC. 5339. Effective for funds not yet expended on the effective
date of this section, the Federal share for funds under this chapter
for a grantee named in section 603(14) of Public Law 97–468 shall
be the same as the Federal share under 23 U.S.C. section 120(b)
for Federal aid highway funds apportioned to the State in which
it operates.’’.
SEC. 357. (a) IN GENERAL.—As soon as practicable after the
date of enactment of this Act, the Secretary of Transportation
shall enter into an agreement with the State of Nevada, the State
of Arizona, or both, to provide a method of funding for construction
H. J. Res. 2—412
of a Hoover Dam Bypass Bridge from funds allocated for the Federal
Lands Highway Program under section 202(b) of title 23, United
States Code.
(b) METHODS OF FUNDING.—
(1) The agreement entered into under subsection (a) shall
provide for funding in a manner consistent with the advance
construction and debt instrument financing procedures for Fed-
eral-aid Highways set forth in sections 115 and 122 of title
23, except that the funding source may include funds made
available under the Federal Lands Highway Program.
(2) Eligibility for funding under this subsection shall not
be construed as a commitment, guarantee, or obligation on
the part of the United States to provide for payment of principal
or interest of an eligible debt financing instrument as so defined
in section 122, nor create a right of a third party against
the United States for payment under an eligible debt financing
instrument. The agreement entered into pursuant to subsection
(a) shall make specific reference to this provision of law.
(3) The provisions of this section do not limit the use
of other available funds for which the project referenced in
subsection (a) is eligible.
SEC. 358. Hereafter, none of the funds appropriated or other-
wise made available in this Act may be made available to any
person or entity convicted of violating the Buy American Act (41
U.S.C. 10a–10c).
SEC. 359. For fiscal year 2003, notwithstanding any other provi-
sion of law, historic covered bridges eligible for Federal assistance
under section 1224 of the Transportation Equity Act for the 21st
Century, as amended, may be funded from amounts set aside for
the discretionary bridge program.
SEC. 360. None of the funds provided in this Act or prior
Appropriations Acts for Coast Guard ‘‘Acquisition, construction, and
improvements’’ shall be available after the fifteenth day of any
quarter of any fiscal year, unless the Commandant of the Coast
Guard first submits to the House and Senate Committees on Appro-
priations a quarterly report on the agency’s mission hour emphasis
and a quarterly report on all major Coast Guard acquisition projects
including projects executed for the Coast Guard by the United
States Navy and vessel traffic service projects: Provided, That such
acquisition reports shall include an acquisition schedule, estimated
current and year funding requirements, and a schedule of antici-
pated obligations and outlays for each major acquisition project:
Provided further, That such acquisition reports shall rate on a
relative scale the cost risk, schedule risk, and technical risk associ-
ated with each acquisition project and include a table detailing
unobligated balances to date and anticipated unobligated balances
at the close of the fiscal year and the close of the following fiscal
year should the Administration’s pending budget request for the
acquisition, construction, and improvements account be fully
funded: Provided further, That such acquisition reports shall also
provide abbreviated information on the status of shore facility
construction and renovation projects: Provided further, That all
information submitted in such mission hour emphasis and acquisi-
tion reports shall be current as of the last day of the preceding
quarter.
SEC. 361. Of the funds made available for fiscal year 2003
in section 188(a)(1) of title 23, United States Code, along with
H. J. Res. 2—413
any available unobligated balances of funds made available in prior
years, $115,000,000 shall instead be available for the programs
authorized in section 1101(a)(9) of Public Law 105–178, as amended,
and $65,000,000 shall instead be made available for section 1221
of Public Law 105–178, as amended.
SEC. 362. Funds provided in this Act for the Working Capital
Fund shall be reduced by $12,600,000, which limits fiscal year
2003 Working Capital Fund obligational authority for elements
of the Department of Transportation funded in this Act to no
more than $119,166,000: Provided, That such reductions from the
budget request shall be allocated by the Department of Transpor-
tation to each appropriations account in proportion to the amount
included in each account for the Working Capital Fund.
SEC. 363. (a) Notwithstanding any other provision of law, and
subject to the requirements of this section, the Secretary of
Transportation is authorized to waive any of the terms, conditions,
reservations, and restrictions contained in the deeds of conveyance
and subsequent corrections to the deeds of conveyance under which
the United States conveyed certain property to Gadsden, Alabama,
for airport purposes.
(b) No waiver may be granted under subsection (a) if the
waiver would result in the closure of an airport.
(c) Gadsden, Alabama, shall agree that in selling, leasing, or
conveying any interest in, the property for which waivers are
granted under subsection (a), the amount received by the city shall
be used by the city for the development, improvement, operation,
or maintenance of the Gadsden Municipal Airport.
SEC. 364. Of the funds made available under section 1101(a)(12)
and section 1503 of Public Law 105–178, as amended, $8,000,000
are rescinded.
SEC. 365. TRANSFER OF FUNDS BETWEEN HIGHWAY PROJECTS,
LAKE CHARLES, LOUISIANA.—Notwithstanding any other provision
of law, funds made available for construction of roads and a bridge
to provide access to the Rose Bluff industrial area, Lake Charles,
Louisiana, under section 149(a)(87) of the Surface Transportation
and Uniform Relocation Assistance Act of 1987 (101 Stat. 194;
109 Stat. 607) and item 17 of the table contained in section
1106(a)(2) of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2038) shall be made available for the project
in Lake Charles, Louisiana, consisting of—
(1) construction of Nelson Access Road to the Port of Lake
Charles as described in item 1596 of the table contained in
section 1602 of the Transportation Equity Act for the 21st
Century (112 Stat. 315);
(2) planning, design, and reconstruction of Cove Lane exit
from Interstate 210; and
(3) planning, design, and construction of West Prien Lake
Road.
SEC. 366. Notwithstanding any other provision of law, of the
funds available under section 104(a)(1)(A) of title 23, United States
Code, for surface transportation projects, $13,000,000 shall be avail-
able to the Secretary to make grants to the Kentucky Turnpike
Authority to pay the debt on bonds issued by the Kentucky Turnpike
Authority before January 1, 2003, for the Daniel Boone Parkway,
Kentucky, and the Cumberland Parkway, Kentucky.
SEC. 367. LETTERS OF INTENT FOR AIRPORT SECURITY IMPROVE-
MENT PROJECTS.—(a) The Under Secretary of Transportation for