PUBLIC LAW 108–334—OCT. 18, 2004

DEPARTMENT OF HOMELAND SECURITY

APPROPRIATIONS ACT, 2005

118 STAT. 1298 PUBLIC LAW 108–334—OCT. 18, 2004

Public Law 108–334

108th Congress

An Act

Making appropriations for the Department of Homeland Security for the fiscal

year ending September 30, 2005, and for other purposes.

Be it enacted by the Senate and House of Representatives 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 Department of Homeland Security for the fiscal year ending September 30, 2005, and for other

purposes, namely:

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland

Security, as authorized by section 102 of the Homeland Security

Act of 2002 (6 U.S.C. 112), and executive management of the

Department of Homeland Security, as authorized by law,

$85,034,000: Provided, That not to exceed $40,000 shall be for

official reception and representation expenses.

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

For necessary expenses of the Office of the Under Secretary

for Management, as authorized by sections 701–705 of the Homeland Security Act of 2002 (6 U.S.C. 341–345), $151,153,000: Provided, That not to exceed $3,000 shall be for official reception

and representation expenses: Provided further, That of the total

amount provided, $65,081,000 shall remain available until expended

solely for the alteration and improvement of facilities, tenant

improvements, and relocation costs to consolidate Department headquarters operations.

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial

Officer, as authorized by section 103 of the Homeland Security

Act of 2002 (6 U.S.C. 113), $13,000,000.

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information

Officer, as authorized by section 103 of the Homeland Security

Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $275,270,000; of which $67,270,000 shall be available for

salaries and expenses; and of which $208,000,000 shall be available

Department of

Homeland

Security

Appropriations

Act, 2005.

Oct. 18, 2004

[H.R. 4567]

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1299

for development and acquisition of information technology equipment, software, services, and related activities for the Department

of Homeland Security, and for the costs of conversion to narrowband

communications, including the cost for operation of the land mobile

radio legacy systems, to remain available until expended: Provided,

That none of the funds appropriated shall be used to support

or supplement the appropriations provided for the United States

Visitor and Immigrant Status Indicator Technology project or the

Automated Commercial Environment.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978

(5 U.S.C. App.), $82,317,000, of which not to exceed $100,000 may

be used for certain confidential operational expenses, including

the payment of informants, to be expended at the direction of

the Inspector General.

TITLE II—SECURITY, ENFORCEMENT, AND

INVESTIGATIONS

BORDER AND TRANSPORTATION SECURITY

OFFICE OF THE UNDER SECRETARY FOR BORDER AND

TRANSPORTATION SECURITY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Under Secretary

for Border and Transportation Security, as authorized by subtitle

A of title IV of the Homeland Security Act of 2002 (6 U.S.C.

201 et seq.), $9,617,000: Provided, That not to exceed $3,000 shall

be for official reception and representation expenses.

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

For necessary expenses for the development of the United States

Visitor and Immigrant Status Indicator Technology project, as

authorized by section 110 of the Illegal Immigration Reform and

Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note),

$340,000,000, to remain available until expended: Provided, That

of the funds appropriated under this heading, $254,000,000 may

not be obligated for the United States Visitor and Immigrant Status

Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and

approve a plan for expenditure prepared by the Secretary of Homeland Security that:

(1) meets the capital planning and investment control

review requirements established by the Office of Management

and Budget, including Circular A–11, part 7;

(2) complies with the Department of Homeland Security

enterprise information systems architecture;

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the

Federal Government;

118 STAT. 1300 PUBLIC LAW 108–334—OCT. 18, 2004

(4) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and

(5) is reviewed by the Government Accountability Office.

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

(INCLUDING RESCISSION OF FUNDS)

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; $4,534,119,000; 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 section 9505(c)(3) of the Internal Revenue Code of 1986 and

notwithstanding section 1511(e)(1) of the Homeland Security Act

of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed $35,000 shall

be for official reception and representation expenses; of which not

less than $131,436,000 shall be for Air and Marine Operations;

of which not to exceed $156,162,000 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 for fiscal year 2005, the

aggregate overtime limitation prescribed in section 5(c)(1) of the

Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;

and notwithstanding any other provision of law, none of the funds

appropriated in this Act may be available to compensate any

employee of the Bureau of Customs and Border Protection for

aggregate overtime and premium pay, from whatever source, in

an amount that exceeds such limitation, except in individual cases

determined by the Under Secretary for Border and Transportation

Security, or a designee, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further, That of the total amount provided, $12,725,000 shall be for activities to enforce laws against forced

child labor in fiscal year 2005, of which not to exceed $4,000,000

shall remain available until expended: Provided further, That none

of the funds appropriated in this Act may be obligated to construct

permanent Border Patrol checkpoints in the Bureau of Customs

and Border Protection’s Tucson sector: Provided further, That the

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1301

Commissioner, Bureau of Customs and Border Protection, is

directed to submit to the Committees on Appropriations of the

Senate and the House of Representatives a plan for expenditure

that includes location, design, costs, and benefits of each proposed

Tucson sector permanent checkpoint: Provided further, That the

Bureau of Customs and Border Protection shall relocate its tactical

checkpoints in the Tucson sector at least an average of once every

14 days in a manner designed to prevent persons subject to inspection from predicting the location of any such checkpoint.

In addition, of the funds appropriated under this heading in

chapter 6 of title I of Public Law 108–11 (117 Stat. 583), $63,010,000

are rescinded.

AUTOMATION MODERNIZATION

For expenses for customs and border protection automated

systems, $449,909,000, to remain available until expended, of which

not less than $321,690,000 shall be for the development of the

Automated Commercial Environment: Provided, That none of the

funds appropriated under this heading may be obligated for the

Automated Commercial Environment until the Committees on

Appropriations of the Senate and the House of Representatives

receive and approve a plan for expenditure prepared by the Under

Secretary for Border and Transportation Security that:

(1) meets the capital planning and investment control

review requirements established by the Office of Management

and Budget, including Circular A–11, part 7;

(2) complies with the Department of Homeland Security’s

enterprise information systems architecture;

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the

Federal Government;

(4) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and

(5) is reviewed by the Government Accountability Office.

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 Department of Homeland Security; 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, $257,535,000, 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 Customs and Border Protection requirements

and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside

118 STAT. 1302 PUBLIC LAW 108–334—OCT. 18, 2004

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.

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip,

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $91,718,000, to remain available until expended.

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and

customs laws, detention and removals, and investigations; and purchase and lease of up to 2,300 (2,000 for replacement only) policetype vehicles, $2,438,494,000, of which not to exceed $5,000,000

shall be available until expended for conducting special operations

pursuant to section 3131 of the Customs Enforcement Act of 1986

(19 U.S.C. 2081); of which not to exceed $15,000 shall be for official

reception and representation expenses; 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; of which not less than

$102,000 shall be for promotion of public awareness of the child

pornography tipline; of which not less than $203,000 shall be for

Project Alert; and of which not to exceed $11,216,000 shall be

available to fund or reimburse other Federal agencies for the costs

associated with the care, maintenance, and repatriation of smuggled

illegal aliens: Provided, That none of the funds appropriated shall

be available to compensate any employee for overtime in an annual

amount in excess of $35,000, except that the Under Secretary

for Border and Transportation Security may waive that amount

as necessary for national security purposes and in cases of immigration emergencies: Provided further, That of the total amount pro- vided, $3,045,000 shall be for activities to enforce laws against

forced child labor in fiscal year 2005, of which not to exceed

$2,000,000 shall remain available until expended.

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, $662,900,000.

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this

account, not to exceed $478,000,000, shall be available until

expended for necessary expenses related to the protection of federally-owned and leased buildings and for the operations of the Federal Protective Service.

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated

systems, $39,605,000, to remain available until expended: Provided,

That none of the funds appropriated under this heading may be

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1303

obligated until the Committees on Appropriations of the Senate

and the House of Representatives receive and approve a plan for

expenditure prepared by the Under Secretary for Border and

Transportation Security that:

(1) meets the capital planning and investment control

review requirements established by the Office of Management

and Budget, including Circular A–11, part 7;

(2) complies with the Department of Homeland Security

enterprise information systems architecture;

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the

Federal Government;

(4) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and

(5) is reviewed by the Government Accountability Office.

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, and

maintain buildings and facilities necessary for the administration

and enforcement of the laws relating to customs and immigration,

$26,179,000, to remain available until expended.

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), $4,323,523,000, 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 $2,049,173,000 shall

be for passenger screening activities; not to exceed $1,452,460,000

shall be for baggage screening activities, of which $180,000,000

shall be available only for procurement of checked baggage explosive

detection systems and $45,000,000 shall be available only for

installation of checked baggage explosive detection systems; and

not to exceed $821,890,000 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, except as provided in the following proviso,

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 $2,500,523,000: Provided further, That the Government

Accountability Office shall review, using a methodology deemed

appropriate by the Comptroller General, the calendar year 2000

cost information for screening passengers and property pursuant

to section 44940(a)(2) of title 49, United States Code, of air carriers

and foreign air carriers engaged in air transportation and intrastate

air transportation and report the information within 6 months

of enactment of the Act but no earlier than March 31, 2005, to

the Committees on Appropriations of the Senate and House of

Reports.

Deadline.

118 STAT. 1304 PUBLIC LAW 108–334—OCT. 18, 2004

Representatives; the House Transportation and Infrastructure Committee; and the Senate Committee on Commerce, Science, and

Transportation: Provided further, That the Comptroller General,

or any of the Comptroller General’s duly authorized representatives,

shall have access, for the purpose of reviewing such cost information, to the personnel and to the books; accounts; documents; papers;

records (including electronic records); and automated data and files

of such air carriers, airport authorities, and their contractors; that

the Comptroller General deems relevant for purposes of reviewing

the information sought pursuant to the provisions of the preceding

proviso: Provided further, That the Comptroller General may obtain

and duplicate any such records, documents, working papers, automated data and files, or other information relevant to such reviews

without cost to the Comptroller General and the Comptroller General’s right of access to such information shall be enforceable pursuant to section 716(c) of title 31, United States Code: Provided

further, That the Comptroller General shall maintain the same

level of confidentiality for information made available under the

preceding provisos as that required under section 716(e) of title

31, United States Code: Provided further, That upon the request

of the Comptroller General, the Secretary of the Department of

Homeland Security shall transfer to the Government Accountability

Office from appropriations available for administration expenses

of the Transportation Security Administration, the amount

requested by the Comptroller General, not to exceed $5,000,000,

to cover the full costs of any review and report of the calendar

year 2000 cost information conducted by the Comptroller General,

with 15 days advance notice by the Transportation Security

Administration to the Committees on Appropriations of the Senate

and House of Representatives: Provided further, That the Comptroller General shall credit funds transferred under the authority

of the preceding proviso to the account established for salaries

and expenses of the Government Accountability Office, and such

amount shall be available upon receipt and without fiscal year

limitation to cover the full costs of the review and report: Provided

further, That any funds transferred and credited under the

authority of the preceding provisos that are not needed for the

Comptroller General’s performance of such review and report shall

be returned to the Department of Homeland Security and credited

to the appropriation from which transferred: Provided further, That

beginning with amounts due in calendar year 2005, if the result

of this review is that an air carrier or foreign air carrier has

not paid the appropriate fee to the Transportation Security Administration pursuant to section 44940(a)(2) of title 49 United States

Code, the Secretary of Homeland Security shall undertake all necessary actions to ensure that such amounts are collected: Provided

further, That such collections received during fiscal year 2005 shall

be credited to this appropriation as offsetting collections and shall

be available only for security modifications at commercial airports:

Provided further, That if the Secretary exercises his discretion

to set the fee under 44940(a)(2) of title 49 United States Code,

such determination shall not be subject to judicial review: Provided

further, That none of the funds in this Act shall be used to recruit

or hire personnel into the Transportation Security Administration

which would cause the agency to exceed a staffing level of 45,000

full-time equivalent screeners: Provided further, That notwithstanding 49 U.S.C. 44923, the government’s share of the cost for

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1305

a project under any letter of intent shall be 75 percent for any

medium or large hub airport.

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 (Public Law 107–71; 115 Stat. 597), $48,000,000, to remain

available until September 30, 2006.

In addition, fees authorized by section 520 of Public Law 108–

90 shall be credited to this appropriation and shall be available

until expended: Provided, That in fiscal year 2005, fee collections

shall be used for initial administrative costs of credentialing activities.

INTELLIGENCE

For necessary expenses for intelligence activities pursuant to

the Aviation and Transportation Security Act (Public Law 107–

71; 115 Stat. 597), $14,000,000.

RESEARCH AND DEVELOPMENT

For necessary expenses for research and development related

to transportation security, $178,000,000, to remain available until

expended: Provided, That of the total amount provided under this

heading, $54,000,000 shall be available for the research and

development of explosive detection devices.

ADMINISTRATION

For necessary expenses for administrative activities of the

Transportation Security Administration to carry out the Aviation

and Transportation Security Act (Public Law 107–71; 115 Stat.

597), $519,852,000, to remain available until September 30, 2006.

UNITED STATES COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of

the Coast Guard not otherwise provided for, purchase or lease

of not to exceed 25 passenger motor vehicles for replacement only,

payments pursuant to section 156 of Public Law 97–377 (42 U.S.C.

402 note) and section 229(b) of the Social Security Act (42 U.S.C.

429(b)), and recreation and welfare, $5,157,220,000, of which

$1,204,000,000 shall be for defense-related activities; of which

$24,500,000 shall be derived from the Oil Spill Liability Trust

Fund to carry out the purposes of section 1012(a)(5) of the Oil

Pollution Act of 1990; and of which not to exceed $3,000 shall

be for official reception and representation expenses: Provided, That

none of the funds appropriated by this or any other Act shall

be available for administrative expenses in connection with shipping

commissioners in the United States: Provided further, That none

of the funds provided by this Act shall be available for expenses

incurred for yacht documentation under section 12109 of title 46,

United States Code, except to the extent fees are collected from

yacht owners and credited to this appropriation: Provided further,

118 STAT. 1306 PUBLIC LAW 108–334—OCT. 18, 2004

That notwithstanding section 1116(c) of title 10, United States

Code, amounts made available under this heading may be used

to make payments into the Department of Defense Medicare-Eligible

Retiree Health Care Fund for fiscal year 2005 under section 1116(a)

of such title.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the Coast Guard’s environmental compliance and restoration functions under chapter 19 of

title 14, United States Code, $17,000,000, to remain available until

expended.

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized

by law; operations and maintenance of the reserve program; personnel and training costs; and equipment and services;

$113,000,000.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses of acquisition, construction, renovation,

and improvement of aids to navigation, shore facilities, vessels,

and aircraft, including equipment related thereto; and maintenance,

rehabilitation, lease and operation of facilities and equipment, as

authorized by law, $982,200,000, of which $20,000,000 shall be

derived from the Oil Spill Liability Trust Fund to carry out the

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990;

of which $19,750,000 shall be available until September 30, 2009,

to acquire, repair, renovate, or improve vessels, small boats, and

related equipment; of which $2,500,000 shall be available until

September 30, 2009, to increase aviation capability; of which

$158,000,000 shall be available until September 30, 2007, for other

equipment; of which $5,000,000 shall be available until September

30, 2007, for shore facilities and aids to navigation facilities; of

which $73,000,000 shall be available for personnel compensation

and benefits and related costs; and of which $723,950,000 shall

be available until September 30, 2009, for the Integrated Deepwater

Systems program: Provided, That the Commandant of the Coast

Guard is authorized to dispose of surplus real property, by sale

or lease, and the proceeds shall be credited to this appropriation

as offsetting collections and shall be available until September

30, 2007, only for Rescue 21: Provided further, That the Secretary

of Homeland Security shall submit to the Congress, in conjunction

with the President’s fiscal year 2006 budget, a new Deepwater

baseline that identifies revised acquisition timelines for each asset

contained in the Deepwater program; a timeline and detailed justification for each new asset that is determined to be necessary

to fulfill homeland and national security functions or multi-agency

procurements as identified by the Joint Requirements Council; a

detailed description of the revised mission requirements and their

corresponding impact on the Deepwater program’s acquisition

timeline; and funding levels for each asset, whether new or continuing: Provided further, That the Secretary shall annually submit

to the Congress, at the time that the President’s budget is submitted

under section 1105(a) of title 31, a future-years capital investment

14 USC 663 note.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1307

plan for the Coast Guard that identifies for each capital budget

line item—

(1) the proposed appropriation included in that budget;

(2) the total estimated cost of completion;

(3) projected funding levels for each fiscal year for the

next 5 fiscal years or until project completion, whichever is

earlier;

(4) an estimated completion date at the projected funding

levels; and

(5) changes, if any, in the total estimated cost of completion

or estimated completion date from previous future-years capital

investment plans submitted to the Congress:

Provided further, That the Secretary shall ensure that amounts

specified in the future-years capital investment plan are consistent

to the maximum extent practicable with proposed appropriations

necessary to support the programs, projects, and activities of the

Coast Guard in the President’s budget as submitted under section

1105(a) of title 31 for that fiscal year: Provided further, That any

inconsistencies between the capital investment plan and proposed

appropriations shall be identified and justified: Provided further,

That consistent with the preceding provisos, the budget for fiscal

year 2006 that is submitted under section 1105(a) of title 31,

United States Code, shall include an amount for the Coast Guard

that is sufficient to fund delivery of a long-term maritime patrol

aircraft capability that is consistent with the original procurement

plan for the CN–235 aircraft beyond the three aircraft already

funded in previous fiscal years.

In addition, of the funds appropriated under this heading in

Public Law 108–90, $16,000,000 are rescinded.

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges, $15,900,000, to remain available until expended.

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation, and for maintenance, rehabilitation,

lease and operation of facilities and equipment, as authorized by

law, $18,500,000, to remain available until expended, of which

$2,000,000 shall be derived from the Oil Spill Liability Trust Fund

to carry out the purposes of section 1012(a)(5) of the Oil Pollution

Act of 1990: Provided, That there may be credited to and used

for the purposes of this appropriation funds received from State

and local governments, other public authorities, private sources,

and foreign countries, for expenses incurred for research, development, testing, and evaluation.

RETIRED PAY

For retired pay, including the payment of obligations otherwise

chargeable to lapsed appropriations for this purpose, payments

under the Retired Serviceman’s Family Protection and Survivor

Benefits Plans, payment for career status bonuses under the

National Defense Authorization Act, and payments for medical care

of retired personnel and their dependents under chapter 55 of

title 10, United States Code, $1,085,460,000.

118 STAT. 1308 PUBLIC LAW 108–334—OCT. 18, 2004

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service,

including purchase of not to exceed 610 vehicles for police-type

use, which shall be for replacement only, and hire of passenger

motor vehicles; purchase of American-made motorcycles; hire of

aircraft; services of expert witnesses at such rates as may be determined by the Director; rental of buildings in the District of

Columbia, and fencing, lighting, guard booths, and other facilities

on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment

of per diem or subsistence allowances to employees where a protective assignment during the actual day or days of the visit of a

protectee requires an employee to work 16 hours per day or to

remain overnight at his or her post of duty; conduct of and participation in firearms matches; presentation of awards; travel of Secret

Service employees on protective missions without regard to the

limitations on such expenditures in this or any other Act if approval

is obtained in advance from the Committees on Appropriations

of the Senate and the House of Representatives; research and

development; grants to conduct behavioral research in support of

protective research and operations; and payment in advance for

commercial accommodations as may be necessary to perform protective functions; $1,172,125,000, of which not to exceed $25,000 shall

be for official reception and representation expenses; of which not

to exceed $100,000 shall be to provide technical assistance and

equipment to foreign law enforcement organizations in counterfeit

investigations; of which $2,100,000 shall be for forensic and related

support of investigations of missing and exploited children; and

of which $5,000,000 shall be a grant for activities related to the

investigations of exploited children and shall remain available until

expended: Provided, That up to $18,000,000 provided for protective

travel shall remain available until September 30, 2006: Provided

further, That of the total amount appropriated, not less than

$5,000,000 shall be available solely for the unanticipated costs

related to security operations for National Special Security Events,

to remain available until expended: Provided further, That the

United States Secret Service is authorized to obligate funds in

anticipation of reimbursements from agencies and entities, as

defined in section 105 of title 5, United States Code, receiving

training sponsored by the James J. Rowley Training Center, except

that total obligations at the end of the fiscal year shall not exceed

total budgetary resources available under this heading at the end

of the fiscal year.

OPERATING EXPENSES

(RESCISSION OF FUNDS)

Of the funds appropriated under this heading in chapter 6

of title I of Public Law 108–11 (117 Stat. 581), $750,279 are

rescinded.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1309

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities, $3,633,000, to remain available

until expended.

TITLE III—PREPAREDNESS AND RECOVERY

OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND

PREPAREDNESS

MANAGEMENT AND ADMINISTRATION

For necessary expenses for the Office of State and Local Government Coordination and Preparedness, $3,546,000: Provided, That

not to exceed $2,000 shall be for official reception and representation

expenses.

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,

$3,086,300,000, which shall be allocated as follows:

(1) $1,100,000,000 for formula-based grants and

$400,000,000 for law enforcement terrorism prevention grants

pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C.

3714): Provided, That the application for grants shall be made

available to States within 45 days after enactment of this

Act; that States shall submit applications within 45 days after

the grant announcement; and that the Office of State and

Local Government Coordination and Preparedness shall act

within 15 days after receipt of an application: Provided further,

That each State shall obligate not less than 80 percent of

the total amount of the grant to local governments within

60 days after the grant award.

(2) $1,200,000,000 for discretionary grants, as determined

by the Secretary of Homeland Security, of which—

(A) $885,000,000 shall be for use in high-threat, highdensity urban areas, of which $25,000,000 shall be available for assistance to organizations (as described under

section 501(c)(3) of the Internal Revenue Code of 1986

and exempt from tax section 501(a) of such Code) as determined by the Secretary of Homeland Security to be at

high-risk of international terrorist attack;

(B) $150,000,000 shall be for port security grants,

which shall be distributed under the same terms and conditions as provided for under Public Law 107–117;

(C) $5,000,000 shall be for trucking industry security

grants;

(D) $10,000,000 shall be for intercity bus security

grants; and

(E) $150,000,000 shall be for intercity passenger rail

transportation (as defined in section 24102 of title 49,

United States Code), freight rail, and transit security

grants:

Deadlines.

118 STAT. 1310 PUBLIC LAW 108–334—OCT. 18, 2004

Provided, That no less than 80 percent of any grant under

this paragraph to a State shall be made available by the State

to local governments within 60 days after the receipt of the

funds: Provided further, That section 1014(c)(3) of the USA

PATRIOT ACT (42 U.S.C. 3714(c)(3)) shall not apply to grants

under this paragraph.

(3) $50,000,000 shall be available for the establishment

of a technology transfer program: Provided, That of the amount

made available under this paragraph, $10,000,000 is available

to be used for commercially-available equipment testing and

validation to determine appropriateness for inclusion in the

technology transfer program.

(4) $336,300,000 for training, exercises, technical assistance, and other programs:

Provided, That, none of the grants provided under this heading

shall be used for the construction or renovation of facilities; except

for a minor perimeter security project, not to exceed $1,000,000,

as determined necessary by the Secretary of Homeland Security:

Provided further, That the proceeding proviso shall not apply to

grants under (2)(B) and (E) of this heading: Provided further, That

grantees shall provide additional reports on their use of funds,

as determined necessary by the Secretary of Homeland Security:

Provided further, That funds appropriated for law enforcement terrorism prevention grants under paragraph (1) and discretionary

grants under paragraph (2)(A) of this heading shall be available

for operational costs, to include personnel overtime and overtime

associated with Office of State and Local Government Coordination

and Preparedness certified training, as needed: Provided further,

That in accordance with the Department’s implementation plan

for Homeland Security Presidential Directive 8, the Office of State

and Local Government Coordination and Preparedness shall provide

State and local jurisdictions with nationally-accepted first responder

preparedness levels no later than January 31, 2005; include in

the fiscal year 2005 formula-based grant guidance guidelines for

State and local jurisdictions to adopt national preparedness standards in fiscal year 2006; and issue final guidance on the implementation of the National Preparedness Goal no later than March 31,

2005: Provided further, That the fiscal year 2005 formula-based

and law enforcement terrorism prevention grants under paragraph

(1) shall be allocated in the same manner as fiscal year 2004.

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal

Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),

$715,000,000, of which $650,000,000 shall be available to carry

out section 33 (15 U.S.C. 2229) and $65,000,000 shall be available

to carry out section 34 (15 U.S.C. 2229a) of the Act, to remain

available until September 30, 2006: Provided, That not to exceed

5 percent of this amount shall be available for program administration.

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act

of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),

Deadline.

Reports.

Deadline.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1311

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.

COUNTERTERRORISM FUND

For necessary expenses, as determined by the Secretary of

Homeland Security, to reimburse any Federal agency for the costs

of providing support to counter, investigate, or respond to unexpected threats or acts of terrorism, including payment of rewards

in connection with these activities, $8,000,000, to remain available

until expended: Provided, That the Secretary shall notify the

Committees on Appropriations of the Senate and the House of

Representatives 15 days prior to the obligation of any amount

of these funds in accordance with section 503 of this Act.

EMERGENCY PREPAREDNESS AND RESPONSE

OFFICE OF THE UNDER SECRETARY FOR EMERGENCY PREPAREDNESS

AND RESPONSE

For necessary expenses for the Office of the Under Secretary

for Emergency Preparedness and Response, as authorized by section

502 of the Homeland Security Act of 2002 (6 U.S.C. 312), $4,211,000.

PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

For necessary expenses for preparedness, mitigation, response,

and recovery activities of the Directorate of Emergency Preparedness and Response, $239,499,000, including activities authorized

by the National Flood Insurance Act of 1968 (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 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Prevention

and Control Act of 1974 (15 U.S.C. 2201 et seq.), the Defense

Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections

107 and 303 of the National Security Act of 1947 (50 U.S.C. 404,

405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the

Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided,

That of the total amount appropriated, $30,000,000 shall be for

Urban Search and Rescue Teams, of which not to exceed 3 percent

may be made available for administrative costs.

OPERATING EXPENSES

(RESCISSION OF FUNDS)

Of the funds appropriated under this heading in chapter 6 of title I of Public Law 108–11 (11 Stat. 581), $5,000,000 are

rescinded.

ADMINISTRATIVE AND REGIONAL OPERATIONS

For necessary expenses for administrative and regional operations of the Directorate of Emergency Preparedness and Response,

$202,939,000, including activities authorized by the National Flood

Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

Notification.

Deadline.

118 STAT. 1312 PUBLIC LAW 108–334—OCT. 18, 2004

5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42

U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act

of 1974 (15 U.S.C. 2201 et seq.), the Defense Production Act of

1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the

National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization

Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security

Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed

$3,000 shall be for official reception and representation expenses.

PUBLIC HEALTH PROGRAMS

For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $34,000,000.

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2005, as

authorized in title III of the Departments of Veterans Affairs and

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100

percent of the amounts anticipated by the Department of Homeland

Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology

for assessment and collection of fees shall be fair and equitable

and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees

received under this heading shall be deposited in this account

as offsetting collections and will become available for authorized

purposes on October 1, 2005, and remain available until expended.

DISASTER RELIEF

For necessary expenses in carrying out the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121

et seq.), $2,042,380,000, to remain available until expended.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program, as authorized by section 319 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5162), $567,000:

Provided, That gross obligations for the principal amount of direct

loans shall not exceed $25,000,000: Provided further, That the cost

of modifying such loans shall be as defined in section 502 of the

Congressional Budget Act of 1974 (2 U.S.C. 661a).

FLOOD MAP MODERNIZATION FUND

For necessary expenses pursuant to section 1360 of the National

Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and

such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until

expended: Provided, That total administrative costs shall not exceed

3 percent of the total appropriation.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1313

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFER OF FUNDS)

For activities under the National Flood Insurance Act of 1968

(42 U.S.C. 4001 et seq.), not to exceed $33,336,000 for salaries

and expenses associated with flood mitigation and flood insurance

operations; and not to exceed $79,257,000 for flood hazard mitigation, to remain available until September 30, 2006, including up

to $20,000,000 for expenses under section 1366 of the National

Flood Insurance Act of 1968 (42 U.S.C. 4104c), which amount shall

be available for transfer to the National Flood Mitigation Fund

until September 30, 2006, and which amount shall be derived

from offsetting collections assessed and collected pursuant to section

1307 of that Act (42 U.S.C. 4014), and shall be retained and used

for necessary expenses under this heading: Provided, That in fiscal

year 2005, no funds in excess of: (1) $55,000,000 for operating

expenses; (2) $562,881,000 for agents’ commissions and taxes; and

(3) $30,000,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund.

NATIONAL FLOOD MITIGATION FUND

Notwithstanding subparagraphs (B) and (C) of subsection (b)(3),

and subsection (f), of section 1366 of the National Flood Insurance

Act of 1968 (42 U.S.C. 4104c), $20,000,000, to remain available

until September 30, 2006, for activities designed to reduce the

risk of flood damage to structures pursuant to such Act, of which

$20,000,000 shall be derived from the National Flood Insurance

Fund.

NATIONAL PRE-DISASTER MITIGATION FUND

For a pre-disaster mitigation grant program pursuant to title

II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.), $100,000,000, to remain available

until expended: Provided, That grants made for pre-disaster mitigation shall be awarded on a competitive basis subject to the criteria

in section 203(g) of such Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of such Act, shall be made without reference

to State allocations, quotas, or other formula-based allocation of

funds: Provided further, That total administrative costs shall not

exceed 3 percent of the total appropriation.

EMERGENCY FOOD AND SHELTER

To carry out an emergency food and shelter program pursuant

to title III of the Stewart B. McKinney Homeless Assistance Act

(42 U.S.C. 11331 et seq.), $153,000,000, to remain available until

expended: Provided, That total administrative costs shall not exceed

3.5 percent of the total appropriation.

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING,

ASSESSMENTS, AND SERVICES

CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration services,

$160,000,000.

118 STAT. 1314 PUBLIC LAW 108–334—OCT. 18, 2004

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement

Training Center, including materials and support costs of Federal

law enforcement basic training; purchase of not to exceed 117

vehicles for police-type use and hire of passenger motor vehicles;

expenses for student athletic and related activities; the conduct

of and participation in firearms matches and presentation of

awards; public awareness and enhancement of community support

of law enforcement training; room and board for student interns;

a flat monthly reimbursement to employees authorized to use personal cell phones for official duties; and services as authorized

by section 3109 of title 5, United States Code; $177,440,000, of

which up to $36,174,000 for materials and support costs of Federal

law enforcement basic training shall remain available until September 30, 2006; and of which not to exceed $12,000 shall be

for official reception and representation expenses: Provided, That

the Center is authorized to obligate funds in anticipation of

reimbursements from agencies receiving training sponsored by the

Center, except that total obligations at the end of the fiscal year

shall not exceed total budgetary resources available at the end

of the fiscal year.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements,

and related expenses of the Federal Law Enforcement Training

Center, $44,917,000, to remain available until expended: Provided,

That the Center is authorized to accept reimbursement to this

appropriation from government agencies requesting the construction

of special use facilities.

INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the immediate Office of the Under

Secretary for Information Analysis and Infrastructure Protection

and for management and administration of programs and activities,

as authorized by title II of the Homeland Security Act of 2002

(6 U.S.C. 121 et seq.), $132,064,000: Provided, That not to exceed

$5,000 shall be for official reception and representation expenses.

ASSESSMENTS AND EVALUATIONS

For necessary expenses for information analysis and infrastructure protection as authorized by title II of the Homeland Security

Act of 2002 (6 U.S.C. 121 et seq.), $761,644,000, to remain available

until September 30, 2006: Provided, That the Under Secretary

for Information Analysis and Infrastructure Protection shall submit

a report at the end of each quarter of the fiscal year to the Committees on Appropriations of the Senate and the House of Representatives on each sole-source contractual agreement entered into

Reports.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1315

through the commitment of amounts available from funds appropriated under this heading by this or previous appropriations Acts,

including the amount, recipient and purpose of the agreement.

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the immediate Office of the Under

Secretary for Science and Technology and for management and

administration of programs and activities, as authorized by title

III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),

$68,586,000: Provided, That not to exceed $3,000 shall be for official

reception and representation expenses.

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research,

including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),

$1,046,864,000, to remain available until expended.

TITLE V—GENERAL PROVISIONS

SEC. 501. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 502. Subject to the requirements of section 503 of this

Act, the unexpended balances of prior appropriations provided for

activities in this Act may be transferred to appropriation accounts

for such activities established pursuant to this Act: Provided, That

balances so transferred may be merged with funds in the applicable

established accounts and thereafter may be accounted for as one

fund for the same time period as originally enacted.

SEC. 503. (a) None of the funds provided by this Act, provided

by previous appropriations Acts to the agencies in or transferred

to the Department of Homeland Security that remain available

for obligation or expenditure in fiscal year 2005, or provided from

any accounts in the Treasury of the United States derived by

the collection of fees available to the agencies funded by this Act,

shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds for any

program, project, or activity for which funds have been denied

or restricted by the Congress; (4) proposes to use funds directed

for a specific activity by either the House or Senate Committees

on Appropriations for a different purpose; or (5) contracts out any

functions or activities for which funds have been appropriated for

Federal full-time equivalent positions; unless the Committees on

Appropriations of the Senate and the House of Representatives

are notified 15 days in advance of such reprogramming of funds.

(b) None of the funds provided by this Act, provided by previous

appropriation Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation

or expenditure in fiscal year 2005, or provided from any accounts

in the Treasury of the United States derived by the collection

Notification.

118 STAT. 1316 PUBLIC LAW 108–334—OCT. 18, 2004

of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities

through a reprogramming of funds in excess of $5,000,000 or 10

percent, whichever is less, that: (1) augments existing programs,

projects, or activities; (2) reduces by 10 percent funding for any

existing program, project, or activity, or numbers of personnel by

10 percent as approved by the Congress; or (3) results from any

general savings from a reduction in personnel that would result

in a change in existing programs, projects, or activities as approved

by the Congress; unless the Committees on Appropriations of the

Senate and the House of Representatives are notified 15 days

in advance of such reprogramming of funds.

(c) Not to exceed 5 percent of any appropriation made available

for the current fiscal year for the Department of Homeland Security

by this Act or provided by previous appropriations Acts may be

transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased

by more than 10 percent by such transfers: Provided, That any

transfer under this section shall be treated as a reprogramming

of funds under subsection (b) of this section and shall not be

available for obligation unless the Committees on Appropriations

of the Senate and the House of Representatives are notified 15

days in advance of such transfer.

(d) Notifications pursuant to subsections (a), (b) and (c) of

this subsection shall not be made later than June 30, except in

extraordinary circumstances which imminently threaten the safety

of human life or the protection of property.

SEC. 504. Except as otherwise specifically provided by law,

not to exceed 50 percent of unobligated balances remaining available

at the end of fiscal year 2005 from appropriations for salaries

and expenses for fiscal year 2005 in this Act shall remain available

through September 30, 2006, in the account and for the purposes

for which the appropriations were provided: Provided, That prior

to the obligation of such funds, a request shall be submitted to

the Committees on Appropriations of the Senate and the House

of Representatives for approval in accordance with section 503

of this Act.

SEC. 505. Funds made available by this Act for intelligence

activities are deemed to be specifically authorized by the Congress

for purposes of section 504 of the National Security Act of 1947

(50 U.S.C. 414) during fiscal year 2005 until the enactment of

an Act authorizing intelligence activities for fiscal year 2005.

SEC. 506. The Federal Law Enforcement Training Center shall

establish an accrediting body, to include representatives from the

Federal law enforcement community and non-Federal accreditation

experts involved in law enforcement training, to establish standards

for measuring and assessing the quality and effectiveness of Federal

law enforcement training programs, facilities, and instructors.

SEC. 507. None of the funds in this Act may be used to make

a grant allocation, discretionary grant award, discretionary contract

award, or to issue a letter of intent totaling in excess of $1,000,000

unless the Secretary of Homeland Security notifies the Committees

on Appropriations of the Senate and House of Representatives

at least 3 full business days in advance: Provided, That no notification shall involve funds that are not available for obligation.

SEC. 508. Notwithstanding any other provision of law, no agency

shall purchase, construct, or lease any additional facilities, except

Establishment.

6 USC 464a note.

Deadline.

Notification.

Notification.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1317

within or contiguous to existing locations, to be used for the purpose

of conducting Federal law enforcement training without the advance

approval of the Committees on Appropriations of the Senate and

the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use

of additional facilities by lease, contract, or other agreement for

training which cannot be accommodated in existing Center facilities.

SEC. 509. The Director of the Federal Law Enforcement

Training Center (FLETC) shall schedule basic and/or advanced

law enforcement training at all four training facilities under

FLETC’s control to ensure that these training centers are operated

at the highest capacity throughout the fiscal year.

SEC. 510. None of the funds appropriated or otherwise made

available by this Act may be used for expenses of any construction,

repair, alteration, or acquisition project for which a prospectus,

if required by the Public Buildings Act of 1959, has not been

approved, except that necessary funds may be expended for each

project for required expenses for the development of a proposed

prospectus.

SEC. 511. For fiscal year 2005 and thereafter, none of the

funds appropriated or otherwise made available by this Act shall

be used to pursue or adopt guidelines or regulations requiring

airport sponsors to provide to the Transportation Security Administration without cost building construction, maintenance, utilities

and expenses, or space in airport sponsor-owned buildings for services relating to aviation security: Provided, That the prohibition

of funds in this section does not apply to—

(1) negotiations between the agency and airport sponsors

to achieve agreement on ‘‘below-market’’ rates for these items,

or

(2) space for necessary security checkpoints.

SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act

(41 U.S.C. 10a et seq.).

SEC. 513. The Secretary of Homeland Security is directed to

research, develop, and procure certified systems to inspect and

screen air cargo on passenger aircraft at the earliest date possible:

Provided, That until such technology is procured and installed,

the Secretary shall take all possible actions to enhance the known

shipper program to prohibit high-risk cargo from being transported

on passenger aircraft: Provided further, That the Secretary shall

amend Security Directives and programs in effect on the date

of enactment of this Act to, at a minimum, triple the percentage

of cargo inspected on passenger aircraft.

SEC. 514. The Commandant of the Coast Guard shall provide

to the Congress each year, at the time that the President’s budget

is submitted under section 1105(a) of title 31, United States Code,

a list of approved but unfunded Coast Guard priorities and the

funds needed for each such priority in the same manner and with

the same contents as the unfunded priorities lists submitted by

the chiefs of other Armed Services.

SEC. 515. (a) IN GENERAL.—Chapter 449 of title 49, United

States Code, is amended by inserting after section 44944 the following new section:

14 USC 663 note.

118 STAT. 1318 PUBLIC LAW 108–334—OCT. 18, 2004

‘‘§ 44945. Disposition of unclaimed money

‘‘Notwithstanding section 3302 of title 31, unclaimed money

recovered at any airport security checkpoint shall be retained by

the Transportation Security Administration and shall remain available until expended for the purpose of providing civil aviation

security as required in this chapter.’’.

(b) ANNUAL REPORT.—Not later than 180 days after the date

of enactment of this Act and annually thereafter, the Administrator

of the Transportation Security Administration shall transmit to

the Committee on Transportation and Infrastructure of the House

of Representatives; the Committee on Appropriations of the House

of Representatives; the Committee on Commerce, Science and

Transportation of the Senate; and the Committee on Appropriations

of the Senate, a report that contains a detailed description of

the amount of unclaimed money recovered in total and at each

individual airport, and specifically how the unclaimed money is

being used to provide civil aviation security.

(c) CLERICAL AMENDMENT.—The analysis for chapter 449 of

title 49, United States Code, is amended by adding the following

new item after the item relating to section 44944:

‘‘44945. Disposition of unclaimed money.’’.

SEC. 516. Notwithstanding section 3302 of title 31, United

States Code, the Administrator of the Transportation Security

Administration may impose a reasonable charge for the lease of

real and personal property to Transportation Security Administration employees and for use by Transportation Security Administration employees and may credit amounts received to the appropriation or fund initially charged for operating and maintaining the

property, which amounts shall be available, without fiscal year

limitation, for expenditure for property management, operation,

protection, construction, repair, alteration, and related activities.

SEC. 517. The acquisition management system of the Transportation Security Administration shall apply to the acquisition of

services, as well as equipment, supplies, and materials.

SEC. 518. Notwithstanding any other provision of law, the

authority of the Office of Personnel Management to conduct personnel security and suitability background investigations, update

investigations, and periodic reinvestigations of applicants for, or

appointees in, positions in the Office of the Secretary and Executive

Management, the Office of the Under Secretary of Management,

the Directorate of Science and Technology, and the Directorate

of Information Analysis and Infrastructure Protection of the Department of Homeland Security is transferred to the Department of

Homeland Security: Provided, That on request of the Department

of Homeland Security, the Office of Personnel Management shall

cooperate with and assist the Department in any investigation

or reinvestigation under this section.

SEC. 519. Section 312(g) of the Homeland Security Act of 2002

(6 U.S.C. 192(g)) is amended to read as follows:

‘‘(g) TERMINATION.—The Homeland Security Institute shall

terminate 5 years after its establishment.’’.

SEC. 520. Section 311(c)(2) of the Homeland Security Act of

2002 (6 U.S.C. 191(c)(2)) is amended to read as follows:

‘‘(2) ORIGINAL APPOINTMENTS.—The original members of

the Advisory Committee shall be appointed to three classes.

One class of six shall have a term of 1 year, one class of

6 USC 111 note.

Applicability.

49 USC 44945

note.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1319

seven a term of 2 years, and one class of seven a term of

3 years.’’.

SEC. 521. Notwithstanding any other provision of law, funds

appropriated under paragraphs (1) and (2) of the State and Local

Programs heading under title III of this Act are exempt from

section 6503(a) of title 31, United States Code.

SEC. 522. (a) None of the funds provided by this or previous

appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Computer Assisted Passenger

Prescreening System (CAPPS II) or Secure Flight or other follow

on/successor programs, that the Transportation Security Administration (TSA), or any other Department of Homeland Security

component, plans to utilize to screen aviation passengers, until

the Government Accountability Office has reported to the Committees on Appropriations of the Senate and the House of Representatives that—

(1) a system of due process exists whereby aviation passengers determined to pose a threat are either delayed or

prohibited from boarding their scheduled flights by the TSA

may appeal such decision and correct erroneous information

contained in CAPPS II or Secure Flight or other follow on/

successor programs;

(2) the underlying error rate of the government and private

data bases that will be used both to establish identity and

assign a risk level to a passenger will not produce a large

number of false positives that will result in a significant number

of passengers being treated mistakenly or security resources

being diverted;

(3) the TSA has stress-tested and demonstrated the efficacy

and accuracy of all search tools in CAPPS II or Secure Flight

or other follow on/successor programs and has demonstrated

that CAPPS II or Secure Flight or other follow on/successor

programs can make an accurate predictive assessment of those

passengers who may constitute a threat to aviation;

(4) the Secretary of Homeland Security has established

an internal oversight board to monitor the manner in which

CAPPS II or Secure Flight or other follow on/successor programs are being developed and prepared;

(5) the TSA has built in sufficient operational safeguards

to reduce the opportunities for abuse;

(6) substantial security measures are in place to protect

CAPPS II or Secure Flight or other follow on/successor programs from unauthorized access by hackers or other intruders;

(7) the TSA has adopted policies establishing effective oversight of the use and operation of the system;

(8) there are no specific privacy concerns with the technological architecture of the system;

(9) the TSA has, pursuant to the requirements of section

44903 (i)(2)(A) of title 49, United States Code, modified CAPPS

II or Secure Flight or other follow on/successor programs with

respect to intrastate transportation to accommodate States with

unique air transportation needs and passengers who might

otherwise regularly trigger primary selectee status; and

(10) appropriate life-cycle cost estimates, and expenditure

and program plans exist.

(b) During the testing phase permitted by paragraph (a) of

this section, no information gathered from passengers, foreign or

Reports.

118 STAT. 1320 PUBLIC LAW 108–334—OCT. 18, 2004

domestic air carriers, or reservation systems may be used to screen

aviation passengers, or delay or deny boarding to such passengers,

except in instances where passenger names are matched to a

government watch list.

(c) None of the funds provided in this or any previous appropriations Act may be utilized to develop or test algorithms assigning

risk to passengers whose names are not on government watch

lists.

(d) None of the funds provided in this or any previous appropriations Act may be utilized to test an identity verification system

that utilizes at least one database that is obtained from or remains

under the control of a non-Federal entity until TSA has developed

measures to determine the impact of such verification on aviation

security and the Government Accountability Office has reported

on its evaluation of the measures.

(e) TSA shall cooperate fully with the Government Accountability Office, and provide timely responses to the Government

Accountability Office requests for documentation and information.

(f) The Government Accountability Office shall submit the

report required under paragraph (a) of this section no later than

March 28, 2005.

SEC. 523. Section 835 of the Homeland Security Act of 2002

(Public Law 107-296; 6 U.S.C. 395) is amended—

(1) in subsection (a), by inserting before the period ‘‘, or

any subsidiary of such an entity’’;

(2) in subsection (b)(1), by inserting ‘‘before, on, or’’ after

the ‘‘completes’’;

(3) in subsection (c)(1)(B), by striking ‘‘which is after the

date of enactment of this Act and’’; and

(4) in subsection (d), by striking ‘‘homeland’’ and inserting

‘‘national’’.

SEC. 524. None of the funds made available in this Act may

be used to amend the oath of allegiance required by section 337

of the Immigration and Nationality Act (8 U.S.C. 1448).

SEC. 525. Notwithstanding any other provision of law, the

fiscal year 2004 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 $30,000.

SEC. 526. Notwithstanding any other provision of law, notifications pursuant to section 503 of this Act or any other authority

for reprogramming of funds shall be made solely to the Committees

on Appropriations of the Senate and House of Representatives.

SEC. 527. None of the funds appropriated by this Act may

be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June

1, 2004, by employees (including employees serving on a temporary

or term basis) of Citizenship and Immigration Services of the

Department of Homeland Security who are known as of that date

as Immigration Information Officers, Contact Representatives, or

Investigative Assistants.

SEC. 528. None of the funds available in this Act shall be

available to maintain the United States Secret Service as anything

but a distinct entity within the Department of Homeland Security

and shall not be used to merge the United States Secret Service

with any other department function, cause any personnel and operational elements of the United States Secret Service to report

to an individual other than the Director of the United States Secret

Deadline.

PUBLIC LAW 108–334—OCT. 18, 2004 118 STAT. 1321

LEGISLATIVE HISTORY—H.R. 4567 (S. 2537):

HOUSE REPORTS: Nos. 108–541 (Comm. on Appropriations) and 108–774 (Comm.

of Conference).

SENATE REPORTS: No. 108–280 accompanying S. 2537 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 150 (2004):

June 17, 18, considered and passed House.

Sept. 8–10, 13, 14, considered and passed Senate, amended, in lieu of S. 2537.

Oct. 9, House agreed to conference report.

Oct. 11, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Oct. 18, Presidential statement.

Æ

Service, or cause the Director to report directly to any individual

other than the Secretary of Homeland Security.

This Act may be cited as the ‘‘Department of Homeland Security

Appropriations Act, 2005’’.

Approved October 18, 2004.