Making appropriations for homeland security programs within the Departments of Energy, Health and Human Services, and Homeland Security for the fiscal year ending September 30, 2005, and for other purposes.

Summary: Makes appropriations for homeland security programs within the Departments of Energy (DOE), Health and Human Services (HHS), and Homeland Security (DHS) for FY 2005, including to: (1) DOE for atomic energy defense and defense nuclear nonproliferation activities; (2) HHS for the Public Health and Social Services Emergency Fund, the Strategic National Stockpile, and for activities to ensure a year-round influenza vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies; and (3) DHS for border and transportation security and customs and border protection, Federal air marshals, air and marine interdiction operations and procurement, the Transportation Security Administration (for civil aviation security and maritime and land transportation security), the Office for Domestic Preparedness (including for State and local government grants for terrorism prevention activities and for firefighter assistance grants), countering potential biological, disease, and chemical threats to civilian populations, and emergency management performance grants.

That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for homeland security programs within the Departments of 
Energy, Health and Human Services, and Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

                    defense nuclear nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense 
nuclear nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,400,000,000, to remain available until expended.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, disease, nuclear, radiological and chemical 
threats to civilian populations, $1,899,711,000: Provided, That this 
amount is distributed as follows: Centers for Disease Control and 
Prevention, $1,245,223,000; Office of the Secretary, $64,438,000; 
National Institutes of Health, $47,400; and Health Resources and 
Services Administration, $542,650,000: Provided further, That employees 
of the Centers for Disease Control and Prevention or the Public Health 
Service, both civilian and Commissioned Officers, detailed to States, 
municipalities, or other organizations under authority of section 214 
of the Public Health Service Act for purposes related to homeland 
security, shall be treated as non-Federal employees for reporting 
purposes only and shall not be included within any personnel ceiling 
applicable to the Agency, Service, or the Department of Health and 
Human Services during the period of detail or assignment.
    In addition, $400,00,000, to remain available until expended, for 
the Strategic National Stockpile.
    In addition, for activities to ensure a year-round influenza 
vaccine production capacity and the development and implementation of 
rapidly expandable influenza vaccine production technologies, 
$100,000,000, to remain available until expended.

               TITLE III--DEPARTMENT OF HOMELAND SECURITY

                   Border and Transportation Security

                     Customs and Border Protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$5,080,000,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to Public Law 103-182 
and notwithstanding section 1511(e)(1) of Public Law 107-296; of which 
not to exceed $40,000 shall be for official reception and 
representation expenses; of which not to exceed $400,000,000 shall 
remain available until September 30, 2006, for inspection and 
surveillance technology, unmanned aerial vehicles, and equipment for 
the Container Security Initiative; of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; of which not 
to exceed $1,000,000 shall be for awards of compensation to informants, 
to be accounted for solely under the certificate of the Under Secretary 
for Border and Transportation Security; and of which not to exceed 
$5,000,000 shall be available for payments or advances arising out of 
contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
immigration: Provided, That notwithstanding any other provision of law, 
none of the funds appropriated shall be available to compensate any 
employee for overtime in an annual amount in excess of $35,000 and the 
fiscal year aggregate overtime limitation prescribed in subsection 
5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall 
be $35,000, except that the Commissioner of Customs and Border 
Protection, or his designee, may exceed that amount, for any employee, 
as necessary for national security purposes or to meet emergency 
requirements of Customs and Border Protection.

                  Immigration and Customs Enforcement

                          federal air marshals

    For necessary expenses of the Federal air marshals, $700,000,000, 
to remain available until expended.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, and other related equipment of 
the air and marine program, including operational training and mission-
related travel, and rental payments for facilities occupied by the air 
or marine interdiction and demand reduction programs, the operations of 
which include the following: the interdiction of narcotics and other 
goods; the provision of support to Federal, State, and local agencies 
in the enforcement or administration of laws enforced by the Bureau of 
Immigration and Customs Enforcement; and at the discretion of the Under 
Secretary for Border and Transportation Security, the provision of 
assistance to Federal, State, and local agencies in other law 
enforcement and emergency humanitarian efforts, $305,000,000 to remain 
available until expended: Provided, That no aircraft or other related 
equipment, with the exception of aircraft that are one of a kind and 
have been identified as excess to Bureau of Immigration and Customs 
Enforcement requirements and aircraft that have been damaged beyond 
repair, shall be transferred to any other Federal agency, department, 
or office outside of the Department of Homeland Security during fiscal 
year 2005 without the prior approval of the Committees on 
Appropriations of the Senate and the House of Representatives.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597), $4,540,000,000, to remain available until 
expended, of which not to exceed $3,000 shall be for official reception 
and representation expenses: Provided, That of the total amount 
provided under this heading, not to exceed $2,008,000,000 shall be for 
passenger screening activities; not to exceed $1,628,000,000 shall be 
for baggage screening activities; and not to exceed $904,000,000 shall 
be for airport security direction and enforcement presence: Provided 
further, That security service fees authorized under section 44940 of 
title 49, United States Code, shall be credited to this appropriation 
as offsetting collections: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2005, so as to result in a final fiscal year appropriation from 
the General Fund estimated at not more than $2,717,000,000: Provided 
further, That any security service fees collected pursuant to section 
118 of Public Law 107-71 in excess of the amount appropriated under 
this heading shall be treated as offsetting collections in fiscal year 
2005: Provided further, That none of the funds herein appropriated may 
be used to approve, renew, or implement any aviation cargo security 
plan that permits the transporting of unscreened or uninspected cargo 
on passenger planes.

                       maritime and land security

    For necessary expenses of the Transportation Security 
Administration related to maritime and land transportation security 
grants and services pursuant to the Aviation and Transportation 
Security Act (49 U.S.C. 40101 note), $650,000,000, to remain available 
until September 30, 2006.

                    Office for Domestic Preparedness

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $3,875,000,000, which shall be allocated as follows:
            (1) $1,700,000,000 for formula-based grants and 
        $1,000,000,000 for law enforcement terrorism prevention grants 
        pursuant to section 1014 of the USA PATRIOT Act of 2001 (42 
        U.S.C. 3714); and
            (2) $800,000,000 for discretionary grants for use in high-
        threat, high-density urban areas, as determined by the 
        Secretary of Homeland Security: Provided, That section 
        1014(c)(3) of the USA PATRIOT Act of 2001 (42 U.S.C. 
        3714(c)(3)) shall not apply to these grants:
Provided further, That funds appropriated for law enforcement terrorism 
prevention grants under paragraph (1) and discretionary grants under 
paragraph (2) of this heading shall be available for operational costs, 
to include personnel overtime and overtime associated with Office for 
Domestic Preparedness certified training, as needed.

                     firefighter assistance grants

    For necessary expenses for programs authorized by section 33 of the 
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), 
$800,000,000, to remain available until September 30, 2005: Provided, 
That not to exceed 5 percent of this amount shall be available for 
program administration.

                  Emergency Preparedness and Response

                         public health programs

    For necessary expenses for countering potential biological, 
disease, and chemical threats to civilian populations, $94,000,000, to 
remain available until expended.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 and the Flood 
Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
$180,000,000: Provided, That total administrative costs shall not 
exceed 3 percent of the total appropriation.