II 
Calendar No. 175 
109TH CONGRESS 
1ST SESSION H.R. 3058 
[Report No. 109–109] 
IN THE SENATE OF THE UNITED STATES 
JUNE 29, 2005 
Received; read twice and referred to the Committee on Appropriations 
JULY 26, 2005 
Reported by MR. BOND, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Departments of Transpor-
tation, Treasury, and Housing and Urban Development, 
the Judiciary, District of Columbia, and independent 
agencies for the fiscal year ending September 30, 2006, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Departments of Transportation, Treasury, and Housing 
and Urban Development, the Judiciary, District of Colum-
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bia, and independent agencies for the fiscal year ending 
September 30, 2006, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$84,913,000
(increased
by
$250,000)
(reduced
by 
$17,339,000), of which not to exceed $2,198,000 shall be 
available for the immediate Office of the Secretary; not 
to exceed $698,000 shall be available for the immediate 
Office of the Deputy Secretary; not to exceed $15,183,000 
(increased by $250,000) shall be available for the Office 
of the General Counsel; not to exceed $11,680,000 shall 
be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $7,593,000 shall 
be available for the Office of the Assistant Secretary for 
Budget and Programs; not to exceed $2,052,000 (reduced 
by $2,052,000) shall be available for the Office of the As-
sistant Secretary for Governmental Affairs; not to exceed 
$23,139,000 shall be available for the Office of the Assist-
ant
Secretary
for
Administration;
not
to
exceed 
$1,910,000 (reduced by $1,910,000) shall be available for 
the Office of Public Affairs; not to exceed $1,442,000 (re-
duced by $1,422,000) shall be available for the Office of
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the Executive Secretariat; not to exceed $697,000 shall 
be available for the Board of Contract Appeals; not to ex-
ceed $1,265,000 shall be available for the Office of Small 
and Disadvantaged Business Utilization; not to exceed 
$2,033,000 for the Office of Intelligence and Security; not 
to exceed $3,128,000 shall be available for the Office of 
Emergency
Transportation;
and
not
to
exceed 
$11,895,000 (reduced by $11,895,000) shall be available 
for the Office of the Chief Information Officer: Provided, 
That the Secretary of Transportation is authorized to 
transfer funds appropriated for any office of the Office 
of the Secretary to any other office of the Office of the 
Secretary: Provided further, That no appropriation for any 
office shall be increased or decreased by more than 5 per-
cent by all such transfers: Provided further, That notice 
of any change in funding greater than 5 percent shall be 
submitted for approval to the House and Senate Commit-
tees on Appropriations: Provided further, That not to ex-
ceed $60,000 (reduced by $60,000) shall be for allocation 
within the Department for official reception and represen-
tation expenses as the Secretary may determine: Provided 
further, That notwithstanding any other provision of law, 
excluding fees authorized in Public Law 107–71, there 
may be credited to this appropriation up to $2,500,000 
in funds received in user fees: Provided further, That none
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of the funds provided in this Act shall be available for 
the position of Assistant Secretary for Public Affairs. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$8,550,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
tivities, and making grants, to remain available until ex-
pended, $40,613,000 (reduced by $31,583,000). 
WORKING CAPITAL FUND 
Necessary expenses for operating costs and capital 
outlays of the Working Capital Fund, not to exceed 
$120,014,000, 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-
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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, 2007: Provided, That not-
withstanding 49 U.S.C. 332, these funds may be used for 
business opportunities related to any mode of transpor-
tation. 
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
In addition to funds made available from any other 
source to carry out the essential air service program under 
49 U.S.C. 41731–41742, $54,000,000 to remain available 
until expended: Provided, That the Secretary may transfer
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amounts appropriated to the Federal Aviation Administra-
tion under any heading in this Act or otherwise available 
to the Federal Aviation Administration, to make such 
amounts available for obligation and expenditure for the 
essential air service program, in satisfaction of the re-
quirements of section 41742(a)(1) of title 49, United 
States Code, in advance of the collection of fees under sec-
tion 45301 of title 49, United States Code: Provided fur-
ther, That the Secretary shall reimburse such amounts to 
the Federal Aviation Administration proportionally by 
transfer, to the extent possible, from amounts credited to 
the account established under section 45303 of title 49, 
United States Code, as such fees are collected during the 
fiscal year: Provided further, That, in determining between 
or among carriers competing to provide service to a com-
munity, the Secretary may consider the relative subsidy 
requirements of the carriers. 
NEW HEADQUARTERS BUILDING 
For necessary expenses of the Department of Trans-
portation’s new headquarters building and related serv-
ices, $100,000,000 (reduced by $25,000,000) (reduced by 
$20,000,000), to remain available until expended. 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
For necessary expenses of the Federal Aviation Ad-
ministration, not otherwise provided for, including oper-
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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 aircraft, 
subsidizing the cost of aeronautical charts and maps sold 
to the public, lease or purchase of passenger motor vehi-
cles for replacement only, in addition to amounts made 
available by Public Law 108–176, $8,042,920,000 (in-
creased by $263,000,000), of which $4,986,000,000 shall 
be derived from the Airport and Airway Trust Fund, of 
which not to exceed $6,424,229,000 shall be available for 
air traffic services activities; not to exceed $951,042,000 
(increased by $263,000,000) shall be available for aviation 
regulation
and
certification
activities;
not
to
exceed 
$222,171,000 shall be available for research and acquisi-
tion activities; not to exceed $11,759,000 shall be available 
for commercial space transportation activities; not to ex-
ceed $50,583,000 shall be available for financial services 
activities; not to exceed $69,943,000 shall be available for 
human
resources
program
activities;
not
to
exceed 
$150,744,000 shall be available for region and center op-
erations and regional coordination activities; not to exceed 
$140,337,000 shall be available for staff offices; and not 
to exceed $36,612,000 shall be available for information 
services: Provided, That none of the funds in this Act shall
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be available for the Federal Aviation Administration to fi-
nalize or implement any regulation that would promulgate 
new aviation user fees not specifically authorized by law 
after the date of the enactment of this Act: Provided fur-
ther, 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, renewal 
or modification of certificates, including airman, aircraft, 
and repair station certificates, or for tests related thereto, 
or for processing major repair or alteration forms: Pro-
vided further, That of the funds appropriated under this 
heading, not less than $7,500,000 shall be for the contract 
tower cost-sharing program: Provided further, That funds 
may be used to enter into a grant agreement with a non-
profit standard-setting organization to assist in the devel-
opment 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 Administration employee 
unless such employee actually performed work during the
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time corresponding to such premium pay: Provided fur-
ther, 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 chart-
ing and cartography are available for activities conducted 
by, or coordinated through, the Working Capital Fund: 
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 Government-issued credit 
card. In addition, $150,000,000 (reduced by $59,000,000) 
for transition costs associated with OMB Circular A–76 
Flight Service Station competition. 
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 navi-
gation and experimental facilities and equipment, as au-
thorized under part A of subtitle VII of title 49, United 
States Code, including initial acquisition of necessary sites 
by lease or grant; engineering and service testing, includ-
ing construction of test facilities and acquisition of nec-
essary sites by lease or grant; construction and furnishing 
of quarters and related accommodations for officers and
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employees of the Federal Aviation Administration sta-
tioned at remote localities where such accommodations are 
not available; and the purchase, lease, or transfer of air-
craft from funds available under this heading; to be de-
rived
from
the
Airport
and
Airway
Trust
Fund, 
$3,053,000,000, of which $2,618,000,000 shall remain 
available
until
September
30,
2008,
and
of
which 
$435,000,000 shall remain available until September 30, 
2006: Provided, That there may be credited to this appro-
priation funds received from States, counties, municipali-
ties, other public authorities, and private sources, for ex-
penses incurred in the establishment and modernization 
of air navigation facilities: Provided further, That upon ini-
tial submission to the Congress of the fiscal year 2007 
President’s budget, the Secretary of Transportation shall 
transmit to the Congress a comprehensive capital invest-
ment plan for the Federal Aviation Administration which 
includes funding for each budget line item for fiscal years 
2007 through 2011, with total funding for each year of 
the plan constrained to the funding targets for those years 
as estimated and approved by the Office of Management 
and Budget. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, 
for research, engineering, and development, as authorized
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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, 
$130,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 
2008: Provided, That there may be credited to this appro-
priation funds received from States, counties, municipali-
ties, other public authorities, and private sources, for ex-
penses incurred for research, engineering, and develop-
ment. 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING RESCISSION) 
For liquidation of obligations incurred for grants-in- 
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, and under other law au-
thorizing such obligations; for procurement, installation, 
and commissioning of runway incursion prevention devices 
and systems at airports of such title; $3,600,000,000 to 
be derived from the Airport and Airway Trust Fund and 
to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the