IB 
Union Calendar No. 93
109TH CONGRESS 
1ST SESSION H. R. 3058
[Report No. 109–153] 
Making appropriations for the Departments of Transportation, 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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2005
Mr. KNOLLENBERG, from the Committee on Appropriations, reported the fol-
lowing bill; which was committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
A BILL 
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
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Departments of Transportation, Treasury, and Housing 
and Urban Development, the Judiciary, District of Colum-
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, 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 
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 shall be available for the Office of the 
Assistant Secretary for Governmental Affairs; not to ex-
ceed $23,139,000 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed 
$1,910,000 shall be available for the Office of Public Af-
fairs; not to exceed $1,442,000 shall be available for the 
Office of the Executive Secretariat; not to exceed
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$697,000 shall be available for the Board of Contract Ap-
peals; not to exceed $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 ex-
ceed $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 appro-
priated for any office of the Office of the Secretary to any 
other office of the Office of the Secretary: Provided fur-
ther, That no appropriation for any office shall be in-
creased or decreased by more than 5 percent by all such 
transfers: Provided further, That notice of any change in 
funding greater than 5 percent shall be submitted for ap-
proval to the House and Senate Committees on Appropria-
tions: Provided further, That not to exceed $60,000 shall 
be for allocation within the Department for official recep-
tion and representation expenses as the Secretary may de-
termine: 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 fur-
ther, That none of the funds provided in this Act shall
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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. 
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 be derived from 
the Airport and Airway Trust Fund and to remain avail-
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able until expended: Provided, That the Secretary may 
transfer amounts appropriated to the Federal Aviation 
Administration 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, 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, 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 shall be available 
for aviation regulation and certification activities; not to 
exceed $222,171,000 shall be available for research and 
acquisition activities; not to exceed $11,759,000 shall be 
available for commercial space transportation activities; 
not to exceed $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 cen-
ter operations 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 infor-
mation services: Provided, That none of the funds in this 
Act shall be available for the Federal Aviation Administra-
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tion to finalize or implement any regulation that would 
promulgate new aviation user fees not specifically author-
ized by law after the date of the enactment of this Act: 
Provided further, That there may be credited to this appro-
priation funds received from States, counties, municipali-
ties, foreign authorities, other public authorities, and pri-
vate sources, for expenses incurred in the provision of 
agency services, including receipts for the maintenance 
and operation 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: 
Provided 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 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 avail-
able for new applicants for the second career training pro-
gram: 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 
time corresponding to such premium pay: Provided fur-
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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 for transition costs asso-
ciated 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 
employees of the Federal Aviation Administration sta-
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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 
under part A of subtitle VII of title 49, United States
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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; for grants authorized 
under section 41743 of title 49, United States Code; and 
for inspection activities and administration of airport safe-
ty programs, including those related to airport operating 
certificates under section 44706 of title 49, United States
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Code, $3,600,000,000 to be derived from the Airport and 
Airway Trust Fund and to remain available until ex-
pended: Provided, That none of the funds under this head-
ing shall be available for the planning or execution of pro-
grams the obligations for which are in excess of 
$3,600,000,000 in fiscal year 2006, notwithstanding sec-
tion 47117(g) of title 49, United States Code: Provided 
further, That none of the funds under this heading shall 
be available for the replacement of baggage conveyor sys-
tems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk ex-
plosive detection systems: Provided further, That notwith-
standing any other provision of law, not more than 
$81,346,584 of funds limited under this heading shall be 
obligated 
for 
administration 
and 
not 
less 
than 
$20,000,000 shall be for the Small Community Air Service 
Development Program: Provided further, That of the 
amount authorized for the fiscal year ending September 
30, 2005, under sections 48103 and 48112 of title 49, 
United States Code, $469,000,000 are rescinded. 
ADMINISTRATIVE 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
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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 center con-
tract between the Federal Aviation Administration and the 
Center for Advanced Aviation Systems Development dur-
ing fiscal year 2005. 
SEC. 103. None of the funds in this Act shall be used 
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air 
navigation, or weather reporting: Provided, That the pro-
hibition of funds in this section does not apply to negotia-
tions between the agency and airport sponsors to achieve 
agreement on ‘‘below-market’’ rates for these items or to 
grant assurances that require airport sponsors to provide
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land without cost to the FAA for air traffic control facili-
ties. 
SEC. 104. 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. 105. (a) Section 44302(f)(1) of title 49, United 
States Code, is amended by striking ‘‘2005,’’ each place 
it appears and inserting ‘‘2006,’’. 
(b) Section 44303(b) of such title is amended by 
striking ‘‘2005,’’ and inserting ‘‘2006,’’. 
SEC. 106. None of the funds made available in this 
Act shall be used for engineering work related to an addi-
tional runway at Louis Armstrong New Orleans Inter-
national Airport. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
Necessary expenses for administration and operation 
of the Federal Highway Administration, not to exceed 
$359,529,000 shall be paid in accordance with law from 
appropriations made available by this Act to the Federal 
Highway Administration together with advances and reim-
bursements received by the Federal Highway Administra-
tion.
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FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for 
the implementation or execution of programs, the obliga-
tions for which are in excess of $36,287,100,000 for Fed-
eral-aid highways and highway safety construction pro-
grams for fiscal year 2006: Provided, That within the 
$36,287,100,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not 
more than $485,000,000 shall be available for the imple-
mentation or execution of programs for transportation re-
search (as authorized by title 23, United States Code, as 
amended; section 5505 of title 49, United States Code, 
as amended; and sections 5112 and 5204–5209 of Public 
Law 105–178, as amended) for fiscal year 2006: Provided 
further, That this limitation on transportation research 
programs shall not apply to any authority previously made 
available for obligation: Provided further, That the Sec-
retary may, as authorized by sections 183 and 184 of title 
23, United States Code, charge and collect a fee, from 
the applicant for a direct loan, guaranteed loan, or line 
of credit to cover the cost of the financial and legal anal-
yses performed on behalf of the Department: Provided fur-
ther, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are
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in addition to administrative expenses that are also avail-
able for such purpose, and are not subject to any obliga-
tion limitation or the limitation on administrative expenses 
under 23 U.S.C. 188. 
FEDERAL-AID HIGHWAYS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
Notwithstanding any other provision of law, for car-
rying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, including 
the National Scenic and Recreational Highway as author-
ized by 23 U.S.C. 148, not otherwise provided, including 
reimbursement for sums expended pursuant to the provi-
sions of 23 U.S.C. 308, $36,000,000,000 or so much 
thereof as may be available in and derived from the High-
way Trust Fund (other than the Mass Transit Account), 
to remain available until expended. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
SEC. 110. (a) For fiscal year 2006, the Secretary of 
Transportation shall—
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs funded from the 
administrative takedown authorized by section 
104(a)(1)(A) of title 23, United States Code, for the
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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 avail-
able from the Highway Trust Fund (other than the 
Mass Transit Account) for Federal-aid highways and 
highway safety programs for the prior fiscal years 
the funds for which are allocated by the Secretary; 
(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;
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(4) distribute the obligation limitation for Fed-
eral-aid highways less the aggregate amounts not 
distributed under paragraphs (1) and (2) for section 
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 ac-
tivities to which paragraph (1) applies and programs 
to which paragraph (4) applies) by multiplying the 
ratio determined under paragraph (3) by the sums 
authorized to be appropriated for such program for 
such fiscal year; and