Act shall be available for the position of Assistant Sec-
retary for Public Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$8,700,000.
TRANSPORTATION PLANNING, RESEARCH, AND
DEVELOPMENT
For necessary expenses for conducting transpor-
tation planning, research, systems development, develop-
ment activities, and making grants, to remain available
until expended, $10,800,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$125,000,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency
of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal
administrator: Provided further, That no assessments may
be levied against any program, budget activity, subactivity
or project funded by this Act unless notice of such assess-
ments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are ap-
proved by such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as au-
thorized by 49 U.S.C. 332: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $18,367,000. In addition, for
administrative expenses to carry out the guaranteed loan
program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Re-
source Center outreach activities, $3,000,000, to remain
available until September 30, 2006: Provided, That not-
withstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transpor-
tation.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Ad-
ministration, not otherwise provided for, including oper-
ations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of air-
craft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger
motor vehicles for replacement only, in addition to
amounts made available by Public Law 108–176,
$7,726,000,000, of which $4,972,000,000 shall be de-
rived from the Airport and Airway Trust Fund, of which
not to exceed $6,160,617,600 shall be available for air
traffic services activities; not to exceed $916,894,000
shall be available for aviation regulation and certification
activities; not to exceed $224,039,000 shall be available
for research and acquisition activities; not to exceed
$11,674,000 shall be available for commercial space
transportation activities; not to exceed $50,624,000 shall
be available for financial services activities; not to exceed
$69,821,600 shall be available for human resources pro-
gram activities; not to exceed $149,569,800 shall be
available for region and center operations and regional
coordination activities; not to exceed $139,302,000 shall
be available for staff offices; and not to exceed
$38,254,000 shall be available for information services:
Provided, That none of the funds in this Act shall be
available for the Federal Aviation Administration to fi-
nalize or implement any regulation that would promul-
gate new aviation user fees not specifically authorized by
law after the date of the enactment of this Act: Provided
further, That there may be credited to this appropriation
funds received from States, counties, municipalities, for-
eign authorities, other public authorities, and private
sources, for expenses incurred in the provision of agency
services, including receipts for the maintenance and oper-
ation of air navigation facilities, and for issuance, re-
newal or modification of certificates, including airman,
aircraft, and repair station certificates, or for tests re-
lated thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated
under this heading, not less than $7,000,000 shall be for
the contract tower cost-sharing program: Provided fur-
ther, That funds may be used to enter into a grant agree-
ment with a nonprofit standard-setting organization to
assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall
be available for new applicants for the second career
training program: Provided further, That none of the
funds in this Act shall be available for paying premium
pay under 5 U.S.C. 5546(a) to any Federal Aviation Ad-
ministration employee unless such employee actually per-
formed work during the time corresponding to such pre-
mium pay: Provided further, That none of the funds in
this Act may be obligated or expended to operate a
manned auxiliary flight service station in the contiguous
United States: Provided further, That none of the funds
in this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated
through, the Working Capital Fund: Provided further,
That of the funds provided under this heading,
$4,000,000 is available only for recruitment, personnel
compensation and benefits, and related costs to raise the
level of operational air traffic control supervisors to the
level of 1,846: Provided further, That none of the funds
in this Act may be obligated or expended for an employee
of the Federal Aviation Administration to purchase a
store gift card or gift certificate through use of a Govern-
ment-issued credit card.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for,
for acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of air
navigation and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of nec-
essary sites by lease or grant; engineering and service
testing, including construction of test facilities and acqui-
sition of necessary sites by lease or grant; construction
and furnishing of quarters and related accommodations
for officers and employees of the Federal Aviation Ad-
ministration stationed at remote localities where such ac-
commodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this
heading; to be derived from the Airport and Airway
Trust Fund, $2,500,000,000, of which $2,056,300,000
shall remain available until September 30, 2007, and of
which $443,700,000 shall remain available until Sep-
tember 30, 2005: Provided, That there may be credited
to this appropriation funds received from States, coun-
ties, municipalities, other public authorities, and private
sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided fur-
ther, That upon initial submission to the Congress of the
fiscal year 2006 President’s budget, the Secretary of
Transportation shall transmit to the Congress a com-
prehensive capital investment plan for the Federal Avia-
tion Administration which includes funding for each
budget line item for fiscal years 2006 through 2010, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and ap-
proved by the Office of Management and Budget: Pro-
vided further, That of the funds provided under this
heading, not less than $3,000,000 is for contract audit
services provided by the Defense Contract Audit Agency.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for,
for research, engineering, and development, as authorized
under part A of subtitle VII of title 49, United States
Code, including construction of experimental facilities
and acquisition of necessary sites by lease or grant,
$117,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until September 30,
2007: Provided, That there may be credited to this ap-
propriation funds received from States, counties, munici-
palities, other public authorities, and private sources, for
expenses incurred for research, engineering, and develop-
ment.
GENERAL PROVISIONS—FEDERAL AVIATION
ADMINISTRATION
SEC. 101. Notwithstanding any other provision of
law, airports may transfer, without consideration, to the
Federal Aviation Administration (FAA) instrument land-
ing systems (along with associated approach lighting
equipment and runway visual range equipment) which
conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-
aid program, airport development aid program or airport
improvement program grant: Provided, That, the Federal
Aviation Administration shall accept such equipment,
which shall thereafter be operated and maintained by
FAA in accordance with agency criteria.
SEC. 102. None of the funds in this Act may be
used to compensate in excess of 375 technical staff-years
under the federally funded research and development cen-
ter contract between the Federal Aviation Administration
and the Center for Advanced Aviation Systems Develop-
ment during fiscal year 2005.
SEC. 103. None of the funds made available in this
Act may be used for engineering work related to an addi-
tional runway at Louis Armstrong New Orleans Inter-
national Airport.
SEC. 104. None of the funds in this Act shall be
used to pursue or adopt guidelines or regulations requir-
ing airport sponsors to provide to the Federal Aviation
Administration without cost building construction, main-
tenance, utilities and expenses, or space in airport spon-
sor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided,
That the prohibition of funds in this section does not
apply to negotiations between the agency and airport
sponsors to achieve agreement on ‘‘below-market’’ rates
for these items or to grant assurances that require air-
port sponsors to provide land without cost to the FAA for
air traffic control facilities.
SEC. 105. None of the funds appropriated or limited
by this Act may be used to change weight restrictions or
prior permission rules at Teterboro Airport in Teterboro,
New Jersey.
SEC. 106. WAR RISK INSURANCE.—Title 49, United
States Code, is amended:
(a) In section 44302(f) by striking ‘‘August 31, 2004,
and may extend through December 31, 2004,’’ and insert-
ing in lieu thereof ‘‘December 31, 2005’’.
(b) In section 44302(g)(1) by striking ‘‘may provide’’
and inserting in lieu thereof ‘‘shall make available’’.
(c) In section 44303(b) by—
(1) striking ‘‘December 31, 2004’’ and inserting
in lieu thereof ‘‘December 31, 2005.’’
(2) striking the phrase ‘‘may extend’’ in the
last sentence of the subsection and inserting in lieu
thereof ‘‘shall extend’’.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For carrying out the provisions of title 23, United
States Code, that are attributable to Federal-aid high-
ways, including the National Scenic and Recreational
Highway as authorized by 23 U.S.C. 148, not otherwise
provided, including reimbursement for sums expended
pursuant 
to 
the 
provisions 
of 
U.S.C. 
308,
$35,000,000,000 or so much thereof as may be available
in and derived from the Highway Trust Fund, to remain
available until expended.
FEDERAL-AID HIGHWAYS
HIGHWAY TRUST FUND
(RESCISSION)
Of the unobligated balances of funds apportioned to
each State under the programs authorized under sections
1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and
1101(a)(5) of Public Law 105–178, as amended,
$386,000,000 are rescinded.
GENERAL PROVISIONS—FEDERAL HIGHWAY
ADMINISTRATION
SEC. 121. (a) For fiscal year 2005, the Secretary of
Transportation shall—
(1) not distribute from the obligation limitation
for Federal-aid Highways amounts authorized for
administrative expenses by section 104(a)(1)(A) and
104(a)(1)(B) of title 23, United States Code, for the
highway use tax evasion program, and for the Bu-
reau of Transportation Statistics;
(2) not distribute an amount from the obliga-
tion limitation for Federal-aid Highways that is
equal to the unobligated balance of amounts made
available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highways
and highway safety programs for the previous fiscal
year the funds for which are allocated by the Sec-
retary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-
aid Highways less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears
to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and
highway safety construction programs (other
than sums authorized to be appropriated for
sections set forth in paragraphs (1) through (7)
of subsection (b) and sums authorized to be ap-
propriated for section 105 of title 23, United
States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the
aggregate of the amounts not distributed under
paragraph (1) of this subsection;