H. R. 3058—30
Administration from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for training 
may be credited respectively to the Federal Highway Administra-
tion’s ‘‘Federal-Aid Highways’’ account, the Federal Transit 
Administration’s ‘‘Transit Planning and Research’’ account, and to 
the Federal Railroad Administration’s ‘‘Safety and Operations’’ 
account, except for State rail safety inspectors participating in 
training pursuant to 49 U.S.C. 20105. 
SEC. 166. Notwithstanding any other provisions of law, rule 
or regulation, the Secretary of Transportation is authorized to allow 
the issuer of any preferred stock heretofore sold to the Department 
to redeem or repurchase such stock upon the payment to the Depart-
ment of an amount determined by the Secretary. 
SEC. 167. None of the funds in this Act to the Department 
of Transportation may be used to make a grant unless the Secretary 
of Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any discre-
tionary grant award, letter of intent, or full funding grant agree-
ment totaling $1,000,000 or more is announced by the department 
or its modal administrations from: (1) any discretionary grant pro-
gram of the Federal Highway Administration other than the emer-
gency relief program; (2) the airport improvement program of the 
Federal Aviation Administration; or (3) any program of the Federal 
Transit Administration other than the formula grants and fixed 
guideway modernization programs: Provided, That no notification 
shall involve funds that are not available for obligation. 
SEC. 168. Rebates, refunds, incentive payments, minor fees 
and other funds received by the Department of Transportation 
from travel management centers, charge card programs, the sub-
leasing of building space, and miscellaneous sources are to be 
credited to appropriations of the Department of Transportation 
and allocated to elements of the Department of Transportation 
using fair and equitable criteria and such funds shall be available 
until expended. 
SEC. 169. Amounts made available in this or any other Act 
that the Secretary determines represent improper payments by 
the Department of Transportation to a third party contractor under 
a financial assistance award, which are recovered pursuant to law, 
shall be available—
(1) to reimburse the actual expenses incurred by the 
Department of Transportation in recovering improper pay-
ments; and 
(2) to pay contractors for services provided in recovering 
improper payments: Provided, That amounts in excess of that 
required for paragraphs (1) and (2)—
(A) shall be credited to and merged with the appropria-
tion from which the improper payments were made, and 
shall be available for the purposes and period for which 
such appropriations are available; or 
(B) if no such appropriation remains available, shall 
be deposited in the Treasury as miscellaneous receipts: 
Provided, That prior to the transfer of any such recovery 
to an appropriations account, the Secretary shall notify 
the House and Senate Committees on Appropriations of 
the amount and reasons for such transfer: Provided further,
H. R. 3058—31
That for purposes of this section, the term ‘‘improper pay-
ments’’, has the same meaning as that provided in section 
2(d)(2) of Public Law 107–300. 
SEC. 170. The Secretary of Transportation is authorized to 
transfer the unexpended balances available for the bonding assist-
ance program from ‘‘Office of the Secretary, Salaries and expenses’’ 
to ‘‘Minority Business Outreach’’. 
SEC. 171. None of the funds made available in this Act to 
the Department of Transportation may be obligated for the Office 
of the Secretary of Transportation to approve assessments or 
reimbursable agreements pertaining to funds appropriated to the 
modal administrations in this Act, except for activities underway 
on the date of enactment of this Act, unless such assessments 
or agreements have completed the normal reprogramming process 
for Congressional notification. 
SEC. 172. None of the funds made available under this Act 
may be obligated or expended to establish or implement a pilot 
program under which not more than 10 designated essential air 
service communities located in proximity to hub airports are 
required to assume 10 percent of their essential air subsidy costs 
for a 4-year period commonly referred to as the EAS local participa-
tion program. 
SEC. 173. (a) Section 14710(a) of title 49, United States Code, 
is amended—
(1) by striking ‘‘a State authority may’’ and inserting ‘‘a 
State authority other than the attorney general of the state 
may, as parens patriae,’’; and 
(2) by inserting the following after the first sentence: 
‘‘Any civil action for injunctive relief to enjoin such delivery or 
transportation or to compel a person to pay a fine or penalty 
assessed under chapter 149 shall be brought in an appropriate 
district court of the United States.’’. 
(b) Section 14710(b) of title 49, United States Code, is amended 
to read as follows: 
‘‘(b) EXERCISE
OF ENFORCEMENT AUTHORITY.—The authority 
of this section shall be exercised subject to the requirements of 
sections 14711(b)–(f) of this title.’’. 
(c) Section 14711(b)(1) of title 49, United States Code, is 
amended by inserting the following at the end: 
‘‘The State may initiate a civil action under subsection (a) if it 
is reviewable under subsection (b)(2).’’. 
(d) Section 14711(b)(4) of title 49, United States Code, is 
amended by inserting ‘‘that is subject to review under subsection 
(b)(2)’’ before ‘‘if the Secretary’’. 
(e) The amendments made by this section shall cease to be 
in effect after September 30, 2006. 
SEC. 174. Section 112(b)(2) of title 23, United States Code, 
is amended— 
(1) in subparagraph (A), by striking ‘‘title 40’’ and all that 
follows through the period and inserting ‘‘title 40.’’; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraphs (C) through (G) as sub-
paragraphs (B) through (F), respectively; 
(4) in subparagraph (E) (as redesignated by paragraph 
(3)), in the first sentence, by striking ‘‘subparagraph (E)’’ and 
inserting ‘‘subparagraph (D)’’; and
H. R. 3058—32
(5) in subparagraph (F) (as redesignated by paragraph 
(3)), by striking ‘‘State Option’’ and all that follows through 
the period and inserting ‘‘(F) Subparagraphs (B), (C), (D) and 
(E) herein shall not apply to the States of West Virginia or 
Minnesota.’’. 
SEC. 175. Notwithstanding any provision of law, the Secretary 
of Transportation is authorized and directed to make project grants 
under chapter 471 of title 49, United States Code, from funds 
available for fiscal year 2006 and thereafter under 49 U.S.C. 48103, 
for the cost of acquisition of land, or reimbursement of the cost 
of land if purchased prior to enactment of this provision and prior 
to a grant agreement, for non-exclusive use aeronautical purposes 
on an airport layout plan that has been approved by the Secretary 
on January 23, 2004, pursuant to section 49 U.S.C. 47107(a)(16), 
for any small hub airport as defined in 49 U.S.C. 47102, and 
had scheduled or chartered direct international flights totaling at 
least 200 million pounds gross aircraft landed weight for calendar 
year 2002. 
SEC. 176. (a) Section 47108 of title 49, United States Code, 
is amended in subsection (e) by adding the following new paragraph 
at the end: 
‘‘(3) CHANGES TO NONHUB PRIMARY STATUS.—If the status 
of a nonhub primary airport changes to a small hub primary 
airport at a time when the airport has received discretionary 
funds under this chapter for a terminal development project 
in accordance with section 47110(d)(2), and the project is not 
yet completed, the project shall remain eligible for funding 
from the discretionary fund and the small airport fund to 
pay costs allowable under section 47110(d). Such project shall 
remain eligible for such funds for three fiscal years after the 
start of construction of the project, or if the Secretary deter-
mines that a further extension of eligibility is justified, until 
the project is completed.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
47110(d)(2)(A) 
is 
amended by striking ‘‘(A) the’’ and inserting ‘‘(A) except as provided 
in section 47108(e)(3), the’’. 
SEC. 177. Section 40128(e) of title 49, United States Code, 
is amended by adding at the end the following: ‘‘For purposes 
of this subsection, an air tour operator flying over the Hoover 
Dam in the Lake Mead National Recreation Area en route to 
the Grand Canyon National Park shall be deemed to be flying 
solely as a transportation route.’’. Nothing in this provision shall 
allow exemption from overflight rules for the Grand Canyon. 
SEC. 178. Section 145(c) of the Aviation and Transportation 
Security Act (49 U.S.C. 40101 note) is amended by striking 
‘‘November 19, 2005.’’ and inserting ‘‘November 30, 2006.’’. 
SEC. 179. (a)(1) This section shall apply to a former employee 
of the Federal Aviation Administration, who— 
(A) was involuntarily separated as a result of the reorga-
nization of the Flight Services Unit following the outsourcing 
of flight service duties to a contractor; 
(B) was not eligible by October 3, 2005 for an immediate 
annuity under a Federal retirement system; and 
(C) assuming continued Federal employment, would attain 
eligibility for an immediate annuity under section 8336(d) or 
8414(b) of title 5, United States Code, not later than October 
4, 2007.
H. R. 3058—33
(2) Notwithstanding any other provision of law, during the 
period beginning on the date of enactment of this Act and ending 
October 4, 2007, an employee described under paragraph (1) may, 
with the approval of the Administrator of the Federal Aviation 
Administration or the designee of the Administrator, accept an 
assignment to such contractor within 14 days after the date of 
enactment of this section. 
(3) Except as provided in subsection (c), an employee appointed 
under paragraph (1)— 
(A) shall be a temporary Federal employee for the duration 
of the assignment; 
(B) notwithstanding such temporary status, shall retain 
previous enrollment or participation in Federal employee bene-
fits programs under chapters 83, 84, 87, and 89 of title 5, 
United States Code; and 
(C) shall be considered to have not had a break in service 
for purposes of chapters 83, 84, and sections 8706(b) and 8905(b) 
of title 5, United States Code, except no service credit or bene-
fits shall be extended retroactively. 
(4) An assignment and temporary appointment under this sec-
tion shall terminate on the earlier of— 
(A) October 4, 2007; or 
(B) the date on which the employee first becomes eligible 
for an immediate annuity under section 8336(d) or 8414(b) 
of title 5, United States Code. 
(5) Such funds as may be necessary are authorized for the 
Federal Aviation Administration to pay the salary and benefits 
of an employee assigned under this section, but no funds are author-
ized to reimburse the employing contractor for the salary and 
benefits of an employee so assigned. 
(b) An employee who was involuntarily separated as a result 
of the reorganization of the Flight Services Unit following the 
outsourcing of flight service duties to a contractor, and was eligible 
to use annual leave under the conditions of section 6302(g) of 
title 5, United States Code, may use such leave to— 
(1) qualify for an immediate annuity or to meet the age 
or service requirements for an enhanced annuity that the 
employee could qualify for under sections 8336, 8412, or 8414; 
or 
(2) to meet the requirements under section 8905(b) of title 
5, United States Code, to qualify to continue health benefits 
coverage after retirement from service. 
(c)(1) Nothing in this section shall— 
(A) affect the validity or legality of the reduction-in-force 
actions of the Federal Aviation Administration effective October 
3, 2005; or 
(B) create any individual rights of actions regarding such 
reduction-in-force or any other actions related to or arising 
under the competitive sourcing of flight services. 
(2) An employee subject to this section shall not be— 
(A) covered by chapter 71 of title 5, United States Code, 
while on the assignment authorized by this section; or 
(B) subject to section 208 of title 18, United States Code. 
(3) Temporary employees assigned under this section shall not 
be Federal employees for purposes of chapter 171 of title 28, United 
States Code (commonly referred to as the Federal Tort Claims 
Act). Chapter 171 of title 28, United States Code (commonly referred