II 
Calendar No. 743
108TH CONGRESS 
2D SESSION 
H. R. 5025
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2004
Received; read twice and placed on the calendar 
AN ACT 
Making appropriations for the Departments of Transpor-
tation and Treasury, and independent agencies for the 
fiscal year ending September 30, 2005, 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 and Treasury and inde-
pendent agencies for the fiscal year ending September 30, 
2005, and for other purposes, namely:
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TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Sec-
retary, $89,000,000, of which not to exceed $2,219,100 
shall be available for the immediate Office of the Sec-
retary; not to exceed $704,500 shall be available for the 
immediate Office of the Deputy Secretary; not to exceed 
$15,394,300 shall be available for the Office of the Gen-
eral Counsel; not to exceed $12,639,000 shall be available 
for the Office of the Under Secretary of Transportation 
for Policy; not to exceed $8,572,900 shall be available for 
the Office of the Assistant Secretary for Budget and Pro-
grams; not to exceed $2,315,700 shall be available for the 
Office of the Assistant Secretary for Governmental Af-
fairs; not to exceed $23,435,700 shall be available for the 
Office of the Assistant Secretary for Administration; not 
to exceed $1,928,700 shall be available for the Office of 
Public Affairs; not to exceed $1,456,000 shall be avail-
able for the Office of the Executive Secretariat; not to ex-
ceed $704,000 shall be available for the Board of Con-
tract Appeals; not to exceed $1,277,200 shall be available 
for the Office of Small and Disadvantaged Business Uti-
lization; not to exceed $2,052,900 for the Office of Intel-
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ligence and Security; not to exceed $3,300,000 shall be 
available for the Office of Emergency Transportation; 
and not to exceed $13,000,000 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 Sec-
retary 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 percent 
by all such transfers: Provided further, That any change 
in funding greater than 5 percent shall be submitted for 
approval to the House and Senate Committees on Appro-
priations: Provided further, That not to exceed $60,000 
shall be for allocation within the Department for official 
reception and representation 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 appro-
priation up to $2,500,000 in funds received in user fees: 
Provided further, That none of the funds provided in this 
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.
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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.
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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
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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
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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-
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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.
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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
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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-
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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
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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
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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; 
(4) distribute the obligation limitation for Fed-
eral-aid Highways less the aggregate amounts not 
distributed under paragraphs (1) and (2) for section
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201 of the Appalachian Regional Development Act 
of 1965, and $2,000,000,000 for such fiscal year 
under section 105 of title 23, United States Code 
(relating to minimum guarantee) so that the amount 
of obligation authority available for each of such sec-
tions is equal to the amount determined by multi-
plying the ratio determined under paragraph (3) by 
the sums authorized to be appropriated for such sec-
tion 
(except 
in 
the 
case 
of 
section 
105, 
$2,000,000,000) for such fiscal year; 
(5) distribute the obligation limitation provided 
for 
Federal-aid 
Highways 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraph (4) 
for each of the programs that are allocated by the 
Secretary under title 23, United States Code (other 
than activities to which paragraph (1) applies and 
programs to which paragraph (4) applies) by multi-
plying the ratio determined under paragraph (3) by 
the sums authorized to be appropriated for such pro-
gram for such fiscal year; and 
(6) distribute the obligation limitation provided 
for 
Federal-aid 
Highways 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraphs (4)
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and (5) for Federal-aid highways and highway safety 
construction programs (other than the minimum 
guarantee program, but only to the extent that 
amounts apportioned for the minimum guarantee 
program for such fiscal year exceed $2,639,000,000, 
and the Appalachian development highway system 
program) that are apportioned by the Secretary 
under title 23, United States Code, in the ratio 
that—
(A) sums authorized to be appropriated for 
such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the sums authorized to be 
appropriated for such programs that are appor-
tioned to all States for such fiscal year. 
(b) The obligation limitation for Federal-aid High-
ways shall not apply to obligations: (1) under section 125 
of title 23, United States Code; (2) under section 147 of 
the Surface Transportation Assistance Act of 1978; (3) 
under section 9 of the Federal-Aid Highway Act of 1981; 
(4) under sections 131(b) and 131(j) of the Surface 
Transportation Assistance Act of 1982; (5) under sections 
149(b) and 149(c) of the Surface Transportation and Uni-
form Relocation Assistance Act of 1987; (6) under sec-
tions 1103 through 1108 of the Intermodal Surface
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Transportation Efficiency Act of 1991; (7) under section 
157 of title 23, United States Code, as in effect on the 
day before the date of the enactment of the Transpor-
tation Equity Act for the 21st Century; and (8) under sec-
tion 105 of title 23, United States Code (but, only in an 
amount equal to $639,000,000 for such fiscal year); and 
for Federal-aid highway programs for which obligation au-
thority was made available under the Transportation Eq-
uity Act for the 21st Century or subsequent public laws 
for multiple years or to remain available until used, but 
only to the extent that such obligation authority has not 
lapsed or been used. 
(c) Notwithstanding subsection (a), the Secretary 
shall after August 1 for such fiscal year revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if a State will not obligate the amount distrib-
uted during that fiscal year and redistribute sufficient 
amounts to those States able to obligate amounts in addi-
tion to those previously distributed during that fiscal year 
giving priority to those States having large unobligated 
balances of funds apportioned under sections 104 and 144 
of title 23, United States Code, section 160 (as in effect 
on the day before the enactment of the Transportation Eq-
uity Act for the 21st Century) of title 23, United States 
Code, and under section 1015 of the Intermodal Surface
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be available for maintenance and operation of aircraft; 
hire of passenger motor vehicles and aircraft; purchase of 
liability insurance for motor vehicles operating in foreign 
countries on official department business; and uniforms 
or allowances therefor, as authorized by law (5 U.S.C. 
5901–5902). 
SEC. 189. Appropriations contained in this Act for 
the Department of Transportation shall be available for 
services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to 
the rate for an Executive Level IV. 
SEC. 190. None of the funds in this Act shall be 
available for salaries and expenses of more than 106 po-
litical and Presidential appointees in the Department of 
Transportation: Provided, That none of the personnel 
covered by this provision may be assigned on temporary 
detail outside the Department of Transportation. 
SEC. 191. None of the funds in this Act shall be 
used to implement section 404 of title 23, United States 
Code. 
SEC. 192. (a) No recipient of funds made available 
in this Act shall disseminate personal information (as de-
fined in 18 U.S.C. 2725(3)) obtained by a State depart-
ment of motor vehicles in connection with a motor vehicle 
record as defined in 18 U.S.C. 2725(1), except as pro-