II 

Calendar No. 583 

108TH CONGRESS 

2D SESSION S. 2537 

[Report No. 108–280] 

Making appropriations for the Department of Homeland Security for the 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2004 

Mr. COCHRAN, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2005, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2005, and for other purposes, namely: 
2 

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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary 

6 of Homeland Security, as authorized by section 102 of the 

7 Homeland Security Act of 2002 (6 U.S.C. 112), and for 

8 executive management of the Department of Homeland 

9 Security, as authorized by law, $82,206,000: Provided, 

10 That not to exceed $50,000 shall be available for alloca11 tion within the Department for official reception and rep12 resentation expenses as the Secretary may determine. 

13 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

14 For necessary expenses of the Office of the Under 

15 Secretary for Management, as authorized by sections 701– 

16 705 of the Homeland Security Act of 2002 (6 U.S.C. 341– 

17 345), $245,579,000: Provided, That of the total amount 

18 provided, $65,081,000 shall remain available until ex19 pended solely for the alteration and improvement of facili20 ties and for relocation costs to consolidate the Depart21 ment’s headquarters’ operations. 

22 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

23 For development and acquisition of information tech24 nology equipment, software, services, and related activities 

25 for the Department of Homeland Security, and for the 
3 

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1 costs of conversion to narrowband communications, in2 cluding the cost for operation of the land mobile radio leg3 acy systems, $222,000,000, to remain available until ex4 pended. 

5 OFFICE OF INSPECTOR GENERAL

6 OPERATING EXPENSES

7 For necessary expenses of the Office of Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978 (5 U.S.C. App.), $82,317,000, of 

10 which not to exceed $100,000 may be used for certain con11 fidential operational expenses, including the payment of 

12 informants, to be expended at the direction of the Inspec13 tor General. 

14 TITLE II—SECURITY, ENFORCEMENT, AND 

15 INVESTIGATIONS 

16 BORDER AND TRANSPORTATION SECURITY 

17 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

18 TRANSPORTATION SECURITY

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of the Under 

21 Secretary for Border and Transportation Security, as au22 thorized by subtitle A of title IV of the Homeland Security 

23 Act of 2002 (6 U.S.C. 201 et seq.), $8,864,000. 
4 

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1 UNITED STATES VISITOR AND IMMIGRANT STATUS

2 INDICATOR TECHNOLOGY

3 For necessary expenses for the development of the 

4 United States Visitor and Immigrant Status Indicator 

5 Technology project, as authorized by section 110 of the 

6 Illegal Immigration Reform and Immigrant Responsibility 

7 Act of 1996 (8 U.S.C. 1221 note), $340,000,000, to re8 main available until expended. 

9 CUSTOMS AND BORDER PROTECTION

10 SALARIES AND EXPENSES

11 For necessary expenses for enforcement of laws relat12 ing to border security, immigration, customs, and agricul13 tural inspections and regulatory activities related to plant 

14 and animal imports; acquisition, lease, maintenance and 

15 operation of aircraft; purchase and lease of up to 4,500 

16 (3,935 for replacement only) police-type vehicles; and con17 tracting with individuals for personal services abroad; 

18 $4,466,960,000; of which $3,000,000 shall be derived 

19 from the Harbor Maintenance Trust Fund for administra20 tive expenses related to the collection of the Harbor Main21 tenance Fee pursuant to section 9505(c)(3) of the Internal 

22 Revenue Code of 1986 and notwithstanding section 

23 1511(e)(1) of the Homeland Security Act of 2002 (6 

24 U.S.C. 551(e)(1)); of which not to exceed $40,000 shall 

25 be for official reception and representation expenses; of 

26 which not to exceed $126,162,000 shall remain available 
5 

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1 until September 30, 2006, for inspection and surveillance 

2 technology, and equipment for the Container Security Ini3 tiative; of which such sums as become available in the Cus4 toms User Fee Account, except sums subject to section 

5 13031(f)(3) of the Consolidated Omnibus Budget Rec6 onciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be de7 rived from that account; of which not to exceed $150,000 

8 shall be available for payment for rental space in connec9 tion with preclearance operations; of which not to exceed 

10 $1,000,000 shall be for awards of compensation to inform11 ants, to be accounted for solely under the certificate of 

12 the Under Secretary for Border and Transportation Secu13 rity; and of which not to exceed $5,000,000 shall be avail14 able for payments or advances arising out of contractual 

15 or reimbursable agreements with State and local law en16 forcement agencies while engaged in cooperative activities 

17 related to immigration: Provided, That none of the funds 

18 appropriated shall be available to compensate any em19 ployee for overtime in an annual amount in excess of 

20 $30,000, except that the Under Secretary for Border and 

21 Transportation Security may exceed that amount as nec22 essary for national security purposes and in cases of immi23 gration emergencies: Provided further, That of the total 

24 amount provided, $12,725,000 shall be for activities to en25 force laws against forced child labor in fiscal year 2005, 
6 

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1 of which not to exceed $4,000,000 shall remain available 

2 until expended. 

3 AUTOMATION MODERNIZATION

4 For expenses for customs and border protection auto5 mated systems, $449,909,000, to remain available until 

6 expended, of which not less than $321,690,000 shall be 

7 for the development of the Automated Commercial Envi8 ronment: Provided, That none of the funds appropriated 

9 under this heading may be obligated for the Automated 

10 Commercial Environment until the Committees on Appro11 priations of the Senate and the House of Representatives 

12 receive and approve a plan for expenditure prepared by 

13 the Under Secretary for Border and Transportation Secu14 rity that: 

15 (1) meets the capital planning and investment 

16 control review requirements established by the Office 

17 of Management and Budget, including Circular A– 

18 11, part 3; 

19 (2) complies with the Bureau of Customs and 

20 Border Protection’s enterprise information systems 

21 architecture; 

22 (3) complies with the acquisition rules, require23 ments, guidelines, and systems acquisition manage24 ment practices of the Federal Government; 

25 (4) is reviewed and approved by the Bureau of 

26 Customs and Border Protection Investment Review 
7 

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1 Board, the Department of Homeland Security, and 

2 the Office of Management and Budget; and 

3 (5) is reviewed by the General Accounting Of4 fice. 

5 CONSTRUCTION

6 For necessary expenses to plan, construct, renovate, 

7 equip, and maintain buildings and facilities necessary for 

8 the administration and enforcement of the laws relating 

9 to customs and immigration, $91,718,000, to remain 

10 available until expended. 

11 IMMIGRATION AND CUSTOMS ENFORCEMENT

12 SALARIES AND EXPENSES

13 For necessary expenses for enforcement of immigra14 tion and customs laws, detention and removals, and inves15 tigations; and purchase and lease of up to 2,300 (2,000 

16 for replacement only) police-type vehicles, $2,413,438,000, 

17 of which not to exceed $5,000,000 shall be available until 

18 expended for conducting special operations pursuant to 

19 section 3131 of the Customs Enforcement Act of 1986 (19 

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

21 official reception and representation expenses; of which 

22 not to exceed $1,000,000 shall be for awards of compensa23 tion to informants, to be accounted for solely under the 

24 certificate of the Under Secretary for Border and Trans25 portation Security; of which not less than $102,000 shall 

26 be for promotion of public awareness of the child pornog-
8 

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1 raphy tipline; of which not less than $203,000 shall be 

2 for Project Alert; of which $5,000,000 shall be a grant 

3 for activities related to the investigations of exploited chil4 dren and shall remain available until expended; and of 

5 which not to exceed $11,216,000 shall be available to fund 

6 or reimburse other Federal agencies for the costs associ7 ated with the care, maintenance, and repatriation of 

8 smuggled illegal aliens: Provided, That none of the funds 

9 appropriated shall be available to compensate any em10 ployee for overtime in an annual amount in excess of 

11 $30,000, except that the Under Secretary for Border and 

12 Transportation Security may waive that amount as nec13 essary for national security purposes and in cases of immi14 gration emergencies: Provided further, That of the total 

15 amount provided, $3,045,000 shall be for activities to en16 force laws against forced child labor in fiscal year 2005, 

17 of which not to exceed $2,000,000 shall remain available 

18 until expended. 

19 FEDERAL AIR MARSHALS

20 For necessary expenses of the Federal Air Marshals, 

21 $662,900,000. 

22 FEDERAL PROTECTIVE SERVICE

23 The revenues and collections of security fees credited 

24 to this account, not to exceed $478,000,000, shall be avail25 able until expended for necessary expenses related to the 
9 

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1 protection of federally owned and leased buildings and for 

2 the operations of the Federal Protective Service. 

3 AUTOMATION MODERNIZATION

4 For expenses of immigration and customs enforce5 ment automated systems, $39,605,000, to remain avail6 able until expended. 

7 AIR AND MARINE INTERDICTION, OPERATIONS, 

8 MAINTENANCE, AND PROCUREMENT

9 For necessary expenses for the operations, mainte10 nance, and procurement of marine vessels, aircraft, and 

11 other related equipment of the air and marine program, 

12 including operational training and mission-related travel, 

13 and rental payments for facilities occupied by the air or 

14 marine interdiction and demand reduction programs, the 

15 operations of which include the following: the interdiction 

16 of narcotics and other goods; the provision of support to 

17 Federal, State, and local agencies in the enforcement or 

18 administration of laws enforced by the Bureau of Immi19 gration and Customs Enforcement; and at the discretion 

20 of the Under Secretary for Border and Transportation Se21 curity, the provision of assistance to Federal, State, and 

22 local agencies in other law enforcement and emergency hu23 manitarian efforts, $267,535,000, to remain available 

24 until expended: Provided, That no aircraft or other related 

25 equipment, with the exception of aircraft that are one of 

26 a kind and have been identified as excess to Bureau of 
10 

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1 Immigration and Customs Enforcement requirements and 

2 aircraft that have been damaged beyond repair, shall be 

3 transferred to any other Federal agency, department, or 

4 office outside of the Department of Homeland Security 

5 during fiscal year 2005 without the prior approval of the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives. 

8 CONSTRUCTION

9 For necessary expenses to plan, construct, renovate, 

10 equip, and maintain buildings and facilities necessary for 

11 the administration and enforcement of the laws relating 

12 to customs and immigration, $26,179,000, to remain 

13 available until expended. 

14 TRANSPORTATION SECURITY ADMINISTRATION

15 AVIATION SECURITY

16 For necessary expenses of the Transportation Secu17 rity Administration related to providing civil aviation secu18 rity services pursuant to the Aviation and Transportation 

19 Security Act (Public Law 107–71; 115 Stat. 597), 

20 $4,386,083,000, to remain available until expended, of 

21 which not to exceed $3,000 shall be for official reception 

22 and representation expenses: Provided, That of the total 

23 amount provided under this heading, not to exceed 

24 $2,076,733,000 shall be for passenger screening activities; 

25 not to exceed $1,437,460,000 shall be for baggage screen26 ing activities, of which $210,000,000 shall be available 
11 

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1 only for procurement of checked baggage explosive detec2 tion systems; and not to exceed $871,890,000 shall be for 

3 airport security direction and enforcement presence: Pro4 vided further, That security service fees authorized under 

5 section 44940 of title 49, United States Code, shall be 

6 credited to this appropriation as offsetting collections: 

7 Provided further, That, except as provided in the following 

8 proviso, the sum herein appropriated from the General 

9 Fund shall be reduced on a dollar-for-dollar basis as such 

10 offsetting collections are received during fiscal year 2005, 

11 so as to result in a final fiscal year appropriation from 

12 the General Fund estimated at not more than 

13 $2,563,083,000: Provided further, That the General Ac14 counting Office shall undertake an audit of the calendar 

15 year 2000 cost information of air carriers and foreign air 

16 carriers engaged in air transportation pursuant to section 

17 44940(a)(2) of Title 49, United States Code: Provided fur18 ther, That the Comptroller General, or any of the Comp19 troller General’s duly authorized representatives, shall 

20 have access for the purpose of audit and examination to 

21 any books, accounts, documents, papers, and records of 

22 air carriers that relate to the information required to im23 plement the provisions of the preceding proviso: Provided 

24 further, That beginning with amounts due in calendar year 

25 2005, if the result of this audit is that an air carrier or 
12 

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1 foreign air carrier has not paid the appropriate fee to the 

2 Transportation Security Administration pursuant to sec3 tion 44940(a)(2) of title 49 United States Code, the Sec4 retary of Homeland Security shall undertake all necessary 

5 actions to ensure that such amounts are collected: Pro6 vided further, That such collections received during fiscal 

7 year 2005 shall be credited to this appropriation as offset8 ting collections and shall be available only for security 

9 modifications at commercial airports: Provided further, 

10 That if the Secretary exercises his discretion to set the 

11 fee under 44940(a)(2) of title 49 United States Code, such 

12 determination shall not be subject to judicial review: Pro13 vided further, That any security service fees collected pur14 suant to section 44940 of title 49 note, United States 

15 Code, in excess of the amount appropriated under this 

16 heading shall be treated as offsetting collections in fiscal 

17 year 2006. 

18 MARITIME AND LAND SECURITY

19 For necessary expenses of the Transportation Secu20 rity Administration related to maritime and land transpor21 tation security grants and services pursuant to the Avia22 tion and Transportation Security Act (Public Law 107– 

23 71; 115 Stat. 597), $44,000,000. 

24 In addition, fees authorized by section 520 of Public 

25 Law 108–90 shall be credited to this appropriation and 

26 shall be available until expended: Provided, That in fiscal 
13 

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1 year 2005, fee collections shall be used for initial adminis2 trative costs of credentialing activities. 

3 INTELLIGENCE

4 For necessary expenses for intelligence activities pur5 suant to the Aviation and Transportation Security Act 

6 (Public Law 107–71; 115 Stat. 597), $14,000,000. 

7 RESEARCH AND DEVELOPMENT

8 For necessary expenses for research and development 

9 related to transportation security, $181,000,000, to re10 main available until expended: Provided, That of the total 

11 amount provided under this heading, $57,000,000 shall be 

12 available for the research and development of explosive de13 tection devices. 

14 ADMINISTRATION

15 For necessary administrative expenses of the Trans16 portation Security Administration to carry out the Avia17 tion and Transportation Security Act (Public Law 107– 

18 71; 115 Stat. 597), $534,852,000. 

19 UNITED STATES COAST GUARD

20 OPERATING EXPENSES

21 For necessary expenses for the operation and mainte22 nance of the Coast Guard not otherwise provided for, pur23 chase or lease of not to exceed 25 passenger motor vehicles 

24 for replacement only; payments pursuant to section 156 

25 of Public Law 97–377 (42 U.S.C. 402 note), section 

26 229(b) of the Social Security Act (42 U.S.C. 429(b)), and 
14 

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1 recreation and welfare, $5,153,220,000, of which 

2 $1,090,000,000 shall be for defense-related activities; of 

3 which $24,500,000 shall be derived from the Oil Spill Li4 ability Trust Fund; and of which not to exceed $3,000 

5 shall be for official reception and representation expenses: 

6 Provided, That none of the funds appropriated by this or 

7 any other Act shall be available for administrative ex8 penses in connection with shipping commissioners in the 

9 United States: Provided further, That none of the funds 

10 provided by this Act shall be available for expenses in11 curred for yacht documentation under section 12109 of 

12 title 46, United States Code, except to the extent fees are 

13 collected from yacht owners and credited to this appro14 priation: Provided further, That notwithstanding section 

15 1116(c) of title 10, United States Code, amounts made 

16 available under this heading may be used to make pay17 ments into the Department of Defense Medicare-Eligible 

18 Retiree Health Care Fund for fiscal year 2005 under sec19 tion 1116(a) of such title. 

20 ENVIRONMENTAL COMPLIANCE AND RESTORATION

21 For necessary expenses to carry out the Coast 

22 Guard’s environmental compliance and restoration func23 tions under chapter 19 of title 14, United States Code, 

24 $17,000,000, to remain available until expended. 
15 

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1 RESERVE TRAINING

2 For necessary expenses of the Coast Guard Reserve, 

3 as authorized by law; operations and maintenance of the 

4 reserve program, personnel and training costs, equipment, 

5 and services, $117,000,000. 

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For necessary expenses of acquisition, construction, 

8 renovation, and improvement of aids to navigation, shore 

9 facilities, vessels, and aircraft, including equipment related 

10 thereto; and maintenance, rehabilitation, lease and oper11 ation of facilities and equipment, as authorized by law, 

12 $1,062,550,000, of which $20,000,000 shall be derived 

13 from the Oil Spill Liability Trust Fund; of which 

14 $19,750,000 shall be available until September 30, 2009, 

15 to acquire, repair, renovate, or improve vessels, small 

16 boats, and related equipment; of which $3,800,000 shall 

17 be available until September 30, 2009, to increase aviation 

18 capability; of which $185,000,000 shall be available until 

19 September 30, 2007, for other equipment; of which 

20 $5,000,000 shall be available until September 30, 2007, 

21 for shore facilities and aids to navigation facilities; of 

22 which $73,000,000 shall be available for personnel com23 pensation and benefits and related costs; of which 

24 $776,000,000 shall be available until September 30, 2009, 

25 for the Integrated Deepwater Systems program: Provided, 

26 That the Commandant of the Coast Guard is authorized 
16 

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1 to dispose of surplus real property, by sale or lease, and 

2 the proceeds shall be credited to this appropriation as off3 setting collections and shall be available until September 

4 30, 2007, only for Rescue 21. 

5 ALTERATION OF BRIDGES

6 For necessary expenses for alteration or removal of 

7 obstructive bridges, $15,400,000, to remain available until 

8 expended. 

9 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

10 For necessary expenses for applied scientific re11 search, development, test, and evaluation, and for mainte12 nance, rehabilitation, lease and operation of facilities and 

13 equipment, as authorized by law, $18,500,000, to remain 

14 available until expended, of which $2,000,000 shall be de15 rived from the Oil Spill Liability Trust Fund: Provided, 

16 That there may be credited to and used for the purposes 

17 of this appropriation funds received from State and local 

18 governments, other public authorities, private sources, and 

19 foreign countries, for expenses incurred for research, de20 velopment, testing, and evaluation. 

21 RETIRED PAY

22 For retired pay, including the payment of obligations 

23 otherwise chargeable to lapsed appropriations for this pur24 pose, payments under the Retired Serviceman’s Family 

25 Protection and Survivor Benefits Plans, payment for ca26 reer status bonuses under the National Defense Author-
17 

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1 ization Act, and payments for medical care of retired per2 sonnel and their dependents under chapter 55 of title 10, 

3 United States Code, $1,085,460,000. 

4 UNITED STATES SECRET SERVICE

5 SALARIES AND EXPENSES

6 For necessary expenses of the United States Secret 

7 Service, including purchase of not to exceed 610 vehicles 

8 for police-type use, which shall be for replacement only, 

9 and hire of passenger motor vehicles; purchase of Amer10 ican-made sidecar compatible motorcycles; hire of aircraft; 

11 services of expert witnesses at such rates as may be deter12 mined by the Director; rental of buildings in the District 

13 of Columbia, and fencing, lighting, guard booths, and 

14 other facilities on private or other property not in Govern15 ment ownership or control, as may be necessary to per16 form protective functions; payment of per diem or subsist17 ence allowances to employees where a protective assign18 ment during the actual day or days of the visit of a 

19 protectee require an employee to work 16 hours per day 

20 or to remain overnight at his or her post of duty; conduct 

21 of and participation in firearms matches; presentation of 

22 awards; travel of Secret Service employees on protective 

23 missions without regard to the limitations on such expend24 itures in this or any other Act if approval is obtained in 

25 advance from the Committees on Appropriations of the 
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1 Senate and the House of Representatives; research and 

2 development; grants to conduct behavioral research in sup3 port of protective research and operations; and payment 

4 in advance for commercial accommodations as may be nec5 essary to perform protective functions, $1,159,125,000, of 

6 which not to exceed $25,000 shall be for official reception 

7 and representation expenses; of which not to exceed 

8 $100,000 shall be to provide technical assistance and 

9 equipment to foreign law enforcement organizations in 

10 counterfeit investigations; of which $2,100,000 shall be for 

11 forensic and related support of investigations of missing 

12 and exploited children: Provided, That up to $18,000,000 

13 provided for protective travel shall remain available until 

14 September 30, 2006: Provided further, That the United 

15 States Secret Service is authorized to obligate funds in 

16 anticipation of reimbursements from agencies and entities, 

17 as defined in section 105 of title 5, United States Code, 

18 receiving training sponsored by the James J. Rowley 

19 Training Center, except that total obligations at the end 

20 of the fiscal year shall not exceed total budgetary re21 sources available under this heading at the end of the fis22 cal year. 
19 

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1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For necessary expenses for acquisition, construction, 

4 repair, alteration, and improvement of facilities, 

5 $3,633,000, to remain available until expended. 

6 TITLE III—PREPAREDNESS AND RECOVERY 

7 OFFICE OF STATE AND LOCAL GOVERNMENT

8 COORDINATION AND PREPAREDNESS

9 MANAGEMENT AND ADMINISTRATION

10 For necessary expenses for the Office of State and 

11 Local Government Coordination and Preparedness, 

12 $25,000,000. 

13 STATE AND LOCAL PROGRAMS

14 For grants, contracts, cooperative agreements, and 

15 other activities, including grants to State and local govern16 ments for terrorism prevention activities, notwithstanding 

17 any other provision of law, $2,845,081,000, which shall 

18 be allocated as follows: 

19 (1) $970,000,000 for formula-based grants and 

20 $400,000,000 for law enforcement terrorism preven21 tion grants pursuant to section 1014 of the USA 

22 PATRIOT ACT (42 U.S.C. 3714): Provided, That 

23 the application for grants shall be made available to 

24 states within 45 days after enactment of this Act; 

25 that States shall submit applications within 45 days 

26 after the grant announcement; and that the Office 
20 

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1 of State and Local Government Coordination and 

2 Preparedness shall act within 15 days after receipt 

3 of an application: Provided further, That each State 

4 shall obligate not less than 80 percent of the total 

5 amount of the grant to local governments within 60 

6 days after the grant award; and 

7 (2) $1,200,000,000 for discretionary grants for 

8 use in high-threat, high-density urban areas, as de9 termined by the Secretary of Homeland Security: 

10 Provided, That $150,000,000 shall be for port secu11 rity grants; $15,000,000 shall be for trucking indus12 try security grants; $10,000,000 shall be for inter13 city bus security grants; and $150,000,000 shall be 

14 for rail and transit security grants: Provided further, 

15 That no less than 80 percent of any grant to a State 

16 shall be made available by the State to local govern17 ments within 60 days after the receipt of the funds: 

18 Provided further, That section 1014(c)(3) of the 

19 USA PATRIOT ACT (42 U.S.C. 3714(c)(3)) shall 

20 not apply to these grants; 

21 (3) $275,081,000 for training, exercises, tech22 nical assistance, and other programs: 

23 Provided, That none of the grants provided under this 

24 heading shall be used for the construction or renovation 

25 of facilities: Provided further, That notwithstanding the 
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1 previous proviso, funds under this heading may be used 

2 for a minor perimeter security project, the cost of which 

3 shall not exceed $1,000,000, as deemed necessary by the 

4 Secretary of Homeland Security: Provided further, That 

5 grantees shall provide additional reports on their use of 

6 funds, as deemed necessary by the Secretary: Provided 

7 further, That not to exceed 10 percent of funds appro8 priated for law enforcement terrorism prevention grants 

9 under paragraph (1) and discretionary grants under para10 graph (2) of this heading shall be available for operational 

11 costs, to include personnel overtime and overtime associ12 ated with Office of State and Local Government Coordina13 tion and Preparedness certified training, as needed. 

14 FIREFIGHTER ASSISTANCE GRANTS

15 For necessary expenses for programs authorized by 

16 section 33 of the Federal Fire Prevention and Control Act 

17 of 1974 (15 U.S.C. 2229), $700,000,000, to remain avail18 able until September 30, 2006: Provided, That not to ex19 ceed 5 percent of this amount shall be available for pro20 gram administration. 

21 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

22 For necessary expenses for emergency management 

23 performance grants, as authorized by the National Flood 

24 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob25 ert T. Stafford Disaster Relief and Emergency Assistance 

26 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
22 

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1 Reductions Act of 1977 (42 U.S.C. 7701 et seq.), and Re2 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

3 $180,000,000: Provided, That total administrative costs 

4 shall not exceed 3 percent of the total appropriation. 

5 COUNTERTERRORISM FUND

6 For necessary expenses, as determined by the Sec7 retary of Homeland Security, to reimburse any Federal 

8 agency for the costs of providing support to counter, inves9 tigate, or respond to unexpected threats or acts of ter10 rorism, including payment of rewards in connection with 

11 these activities, $10,000,000, to remain available until ex12 pended: Provided, That the Secretary shall notify the 

13 Committees on Appropriations of the Senate and the 

14 House of Representatives 15 days prior to the obligation 

15 of any amount of these funds in accordance with section 

16 502 of this Act. 

17 EMERGENCY PREPAREDNESS AND RESPONSE 

18 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

19 PREPAREDNESS AND RESPONSE

20 For necessary expenses for the Office of the Under 

21 Secretary for Emergency Preparedness and Response, as 

22 authorized by section 502 of the Homeland Security Act 

23 of 2002 (6 U.S.C. 312), $4,211,000. 

24 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

25 For necessary expenses for preparedness, mitigation, 

26 response, and recovery activities of the Directorate of 
23 

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1 Emergency Preparedness and Response, $231,499,000, 

2 including activities authorized by the National Flood In3 surance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert 

4 T. Stafford Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc6 tion Act of 1977 (42 U.S.C. 7701 et seq.), the Federal 

7 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

8 et seq.), the Defense Production Act of 1950 (50 U.S.C. 

9 App. 2061 et seq.), sections 107 and 303 of the National 

10 Security Act of 1947 (50 U.S.C. 404, 405), Reorganiza11 tion Plan No. 3 of 1978 (5 U.S.C. App.), and the Home12 land Security Act of 2002 (6 U.S.C. 101 et seq.): Pro13 vided, That of the total amount appropriated, 

14 $30,000,000 shall be for Urban Search and Rescue 

15 Teams, of which not to exceed 3 percent may be made 

16 available for administrative costs. 

17 ADMINISTRATIVE AND REGIONAL OPERATIONS

18 For necessary expenses for administrative and re19 gional operations of the Emergency Preparedness and Re20 sponse Directorate, $196,939,000, including activities au21 thorized by the National Flood Insurance Act of 1968 (42 

22 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

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

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

26 Control Act of 1974 (15 U.S.C. 2201 et seq.), the Defense 
24 

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

2 sections 107 and 303 of the National Security Act of 1947 

3 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 

4 (5 U.S.C. App.), and the Homeland Security Act of 2002 

5 (6 U.S.C. 101 et seq.): Provided, That not to exceed 

6 $3,000 shall be for official reception and representation 

7 expenses. 

8 PUBLIC HEALTH PROGRAMS

9 For necessary expenses for countering potential bio10 logical, disease, and chemical threats to civilian popu11 lations, $34,000,000. 

12 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

13 The aggregate charges assessed during fiscal year 

14 2005, as authorized in title III of the Departments of Vet15 erans Affairs and Housing and Urban Development, and 

16 Independent Agencies Appropriations Act, 1999 (42 

17 U.S.C. 5196e), shall not be less than 100 percent of the 

18 amounts anticipated by the Department of Homeland Se19 curity necessary for its radiological emergency prepared20 ness program for the next fiscal year: Provided, That the 

21 methodology for assessment and collection of fees shall be 

22 fair and equitable; and shall reflect costs of providing such 

23 services, including administrative costs of collecting such 

24 fees: Provided further, That fees received under this head25 ing shall be deposited in this account as offsetting collec-
25 

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1 tions and will become available for authorized purposes on 

2 October 1, 2005, and remain available until expended. 

3 DISASTER RELIEF

4 For necessary expenses in carrying out the Robert 

5 T. Stafford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5121 et seq.), $2,151,000,000, to remain avail7 able until expended. 

8 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

9 For administrative expenses to carry out the direct 

10 loan program, as authorized by section 319 of the Robert 

11 T. Stafford Disaster Relief and Emergency Assistance Act 

12 (42 U.S.C. 5162), $567,000: Provided, That gross obliga13 tions for the principal amount of direct loans shall not 

14 exceed $25,000,000: Provided further, That the cost of 

15 modifying such loans shall be as defined in section 502 

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

17 FLOOD MAP MODERNIZATION FUND

18 For necessary expenses pursuant to section 1360 of 

19 the National Flood Insurance Act of 1968 (42 U.S.C. 

20 4101), $200,000,000, and such additional sums as may 

21 be provided by State and local governments or other polit22 ical subdivisions for cost-shared mapping activities under 

23 section 1360(f)(2) of such Act, to remain available until 

24 expended: Provided, That total administrative costs shall 

25 not exceed 3 percent of the total appropriation. 
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1 NATIONAL FLOOD INSURANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities under the National Flood Insurance 

4 Act of 1968 (42 U.S.C. 4001 et seq.), not to exceed 

5 $33,336,000 for salaries and expenses associated with 

6 flood mitigation and flood insurance operations; and not 

7 to exceed $79,257,000 for flood hazard mitigation, to re8 main available until September 30, 2006, including up to 

9 $20,000,000 for expenses under section 1366 of the Na10 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

11 which amount shall be available for transfer to the Na12 tional Flood Mitigation Fund until September 30, 2006, 

13 and which amount shall be derived from offsetting collec14 tions assessed and collected pursuant to section 1307 of 

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

16 for necessary expenses under this heading: Provided, That 

17 in fiscal year 2005, no funds in excess of: (1) $55,000,000 

18 for operating expenses; (2) $562,881,000 for agents’ com19 missions and taxes; and (3) $30,000,000 for interest on 

20 Treasury borrowings shall be available from the National 

21 Flood Insurance Fund. 

22 MITIGATION GRANTS

23 For activities designed to reduce the risk of flood 

24 damage to structures pursuant to the National Flood In25 surance Act of 1968, notwithstanding subsections (b)(3) 

26 and (f) of section 1366, and for a pre-disaster mitigation 
27 

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1 grant program pursuant to title II of the Disaster Relief 

2 Act of 1974 (42 U.S.C. 5131 et seq.), $170,000,000, of 

3 which $20,000,000 shall be derived from the National 

4 Flood Insurance Fund, to remain available until Sep5 tember 30, 2006, and $150,000,000, to remain available 

6 until expended, for the Pre-Disaster Mitigation Fund: 

7 Provided, That grants made for pre-disaster mitigation 

8 shall be awarded on a competitive basis subject to the cri9 teria in section 203(g) of the Disaster Relief Act of 1974 

10 (42 U.S.C. 5133(g)), and notwithstanding section 203(f) 

11 of such Act, shall be made without reference to State allo12 cations, quotas, or other formula-based allocation of 

13 funds: Provided further, That total administrative costs for 

14 pre-disaster mitigation shall not exceed 3 percent of the 

15 total appropriation. 

16 EMERGENCY FOOD AND SHELTER

17 To carry out an emergency food and shelter program 

18 pursuant to subtitle B of title III of the Stewart B. 

19 McKinney Homeless Assistance Act (42 U.S.C. 11341 et 

20 seq.), $153,000,000, to remain available until expended: 

21 Provided, That total administrative costs shall not exceed 

22 3.5 percent of the total appropriation. 
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1 TITLE IV—RESEARCH AND DEVELOPMENT, 

2 TRAINING, ASSESSMENTS, AND SERVICES 

3 CITIZENSHIP AND IMMIGRATION SERVICES

4 For necessary expenses for citizenship and immigra5 tion services for backlog reduction activities, 

6 $140,000,000. 

7 FEDERAL LAW ENFORCEMENT TRAINING CENTER

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Law Enforce10 ment Training Center, including materials and support 

11 costs of Federal law enforcement basic training; purchase 

12 of not to exceed 117 vehicles for police-type use and hire 

13 of passenger motor vehicles; expenses for student athletic 

14 and related activities; the conduct of and participation in 

15 firearms matches and presentation of awards; public 

16 awareness and enhancement of community support of law 

17 enforcement training; room and board for student interns; 

18 a flat monthly reimbursement to employees authorized to 

19 use personal cell phones for official duties; and services 

20 as authorized by section 3109 of title 5, United States 

21 Code; $181,440,000, of which up to $36,174,000 for ma22 terials and support costs of Federal law enforcement basic 

23 training shall remain available until September 30, 2006; 

24 and of which not to exceed $12,000 shall be for official 

25 reception and representation expenses: Provided, That the 
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1 Center is authorized to obligate funds in anticipation of 

2 reimbursements from agencies receiving training spon3 sored by the Center, except that total obligations at the 

4 end of the fiscal year shall not exceed total budgetary re5 sources available at the end of the fiscal year. 

6 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

7 RELATED EXPENSES

8 For acquisition of necessary additional real property 

9 and facilities, construction, and ongoing maintenance, fa10 cility improvements, and related expenses of the Federal 

11 Law Enforcement Training Center, $42,917,000, to re12 main available until expended: Provided, That the Center 

13 is authorized to accept reimbursement to this appropria14 tion from government agencies requesting the construction 

15 of special use facilities. 

16 INFORMATION ANALYSIS AND INFRASTRUCTURE

17 PROTECTION

18 MANAGEMENT AND ADMINISTRATION

19 For necessary expenses of the Directorate of Infor20 mation Analysis and Infrastructure Protection, including 

21 the immediate Office of the Under Secretary for Informa22 tion Analysis and Infrastructure Protection, for manage23 ment and administration of programs and activities, as 

24 authorized by title II of the Homeland Security Act of 

25 2002 (6 U.S.C. 121 et seq.), $157,064,000. 
30 

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1 ASSESSMENTS AND EVALUATIONS

2 For necessary expenses for information analysis and 

3 infrastructure protection as authorized by title II of the 

4 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

5 $718,512,000, to remain available until September 30, 

6 2006, of which not to exceed $20,000 may be used for 

7 official reception and representation expenses: Provided, 

8 That none of the funds available under this heading shall 

9 be available for sole-source contractual agreements unless 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives are notified 15 days in advance 

12 of such decision, or the Secretary of Homeland Security 

13 certifies to the Committee that such agreement is nec14 essary to respond to a national emergency or prevent an 

15 impending terrorist attack. 

16 SCIENCE AND TECHNOLOGY

17 MANAGEMENT AND ADMINISTRATION

18 For salaries and expenses of the immediate Office of 

19 the Under Secretary for Science and Technology and for 

20 management and administration of programs and activi21 ties, as authorized by title III of the Homeland Security 

22 Act of 2002 (6 U.S.C. 181 et seq.), $52,550,000. 
31 

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1 RESEARCH, DEVELOPMENT, ACQUISITION AND

2 OPERATIONS

3 For expenses of science and technology research, in4 cluding advanced research projects; development; test and 

5 evaluation; acquisition; operations; and all salaries and ex6 penses for field personnel, as authorized by title III of the 

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

8 $1,016,647,000, to remain available until expended. 

9 TITLE V—GENERAL PROVISIONS 

10 SEC. 501. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 502. (a) None of the funds provided by this Act, 

14 provided by previous appropriations Acts to the agencies 

15 in or transferred to the Department of Homeland Security 

16 that remain available for obligation or expenditure in fiscal 

17 year 2005, or provided from any accounts in the Treasury 

18 of the United States derived by the collection of fees avail19 able to the agencies funded by this Act, shall be available 

20 for obligation or expenditure through a reprogramming of 

21 funds that: (1) creates a new program; (2) eliminates a 

22 program, project, or activity; (3) increases funds for any 

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

24 denied or restricted by the Congress; (4) proposes to use 

25 funds directed for a specific activity by either the House 
32 

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1 or Senate Committees on Appropriations for a different 

2 purpose; (5) relocates an office or employees; or (6) con3 tracts out or privatizes any functions or activities pres4 ently performed by Federal employees, unless the Commit5 tees on Appropriations of the Senate and the House of 

6 Representatives are notified 15 days in advance of such 

7 reprogramming of funds. 

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

9 by previous appropriation Acts to the agencies in or trans10 ferred to the Department of Homeland Security that re11 main available for obligation or expenditure in fiscal year 

12 2005, or provided from any accounts in the Treasury of 

13 the United States derived by the collection of fees available 

14 to the agencies funded by this Act, shall be available for 

15 obligation or expenditure for programs, projects, or activi16 ties through a reprogramming of funds in excess of 

17 $5,000,000 or 10 percent, whichever is less, that: (1) aug18 ments existing programs, projects, or activities; (2) re19 duces by 10 percent funding for any existing program, 

20 project, or activity, or numbers of personnel by 10 percent 

21 as approved by the Congress; or (3) results from any gen22 eral savings from a reduction in personnel that would re23 sult in a change in existing programs, projects, or activi24 ties as approved by the Congress, unless the Committees 

25 on Appropriations of the Senate and the House of Rep-
33 

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1 resentatives are notified 15 days in advance of such re2 programming of funds. 

3 (c) Not to exceed 5 percent of any appropriation 

4 made available for the current fiscal year for the Depart5 ment of Homeland Security by this Act or provided by 

6 previous appropriations Acts may be transferred between 

7 such appropriations, but no such appropriations, except 

8 as otherwise specifically provided, shall be increased by 

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

10 any transfer under this section shall be treated as a re11 programming of funds under subsection (b) of this section 

12 and shall not be available for obligation unless the Com13 mittees on Appropriations of the Senate and the House 

14 of Representatives are notified 15 days in advance of such 

15 transfer. 

16 SEC. 503. Except as otherwise specifically provided 

17 by law, not to exceed 50 percent of unobligated balances 

18 remaining available at the end of fiscal year 2005 from 

19 appropriations for salaries and expenses for fiscal year 

20 2005 in this Act shall remain available through September 

21 30, 2006, in the account and for the purposes for which 

22 the appropriations were provided: Provided, That prior to 

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

24 to the Committees on Appropriations of the Senate and 
34 

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1 the House of Representatives for approval in accordance 

2 with section 502 of this Act. 

3 SEC. 504. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2005 until the enactment of an Act authorizing intel8 ligence activities for fiscal year 2005. 

9 SEC. 505. The Federal Law Enforcement Training 

10 Center shall establish an accrediting body, to include rep11 resentatives from the Federal law enforcement community 

12 and non-Federal accreditation experts involved in law en13 forcement training, to establish standards for measuring 

14 and assessing the quality and effectiveness of Federal law 

15 enforcement training programs, facilities, and instructors. 

16 SEC. 506. None of the funds in this Act may be used 

17 to make a grant allocation, discretionary grant award, dis18 cretionary contract award, or to issue a letter of intent 

19 totaling in excess of $1,000,000 unless the Secretary of 

20 Homeland Security notifies the Committees on Appropria21 tions of the Senate and House of Representatives at least 

22 3 full business days in advance: Provided, That no notifi23 cation shall involve funds that are not available for obliga24 tion. 
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1 SEC. 507. Notwithstanding any other provision of 

2 law, no agency shall purchase, construct, or lease any ad3 ditional facilities, except within or contiguous to existing 

4 locations, to be used for the purpose of conducting Federal 

5 law enforcement training without the advance approval of 

6 the Committees on Appropriations of the Senate and the 

7 House of Representatives, except that the Federal Law 

8 Enforcement Training Center is authorized to obtain the 

9 temporary use of additional facilities by lease, contract, 

10 or other agreement for training which cannot be accommo11 dated in existing Center facilities. 

12 SEC. 508. The Director of the Federal Law Enforce13 ment Training Center (FLETC) shall schedule basic and 

14 advanced law enforcement training at all four training fa15 cilities under FLETC’s control to ensure that these train16 ing centers are operated at the highest capacity through17 out the fiscal year. 

18 SEC. 509. None of the funds appropriated or other19 wise made available by this Act may be used for expenses 

20 of any construction, repair, alteration, and acquisition 

21 project for which a prospectus, if required by the Public 

22 Buildings Act of 1959, has not been approved, except that 

23 necessary funds may be expended for each project for re24 quired expenses for the development of a proposed pro25 spectus. 
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1 SEC. 510. None of the funds appropriated or other2 wise made available by this Act shall be used to pursue 

3 or adopt guidelines or regulations requiring airport spon4 sors to provide to the Transportation Security Administra5 tion without cost building construction, maintenance, utili6 ties and expenses, or space in airport sponsor-owned build7 ings for services relating to aviation security: Provided, 

8 That the prohibition of funds in this section does not apply 

9 to— 

10 (1) negotiations between the agency and airport 

11 sponsors to achieve agreement on ‘‘below-market’’ 

12 rates for these items, or 

13 (2) space for necessary security checkpoints. 

14 SEC. 511. None of the funds in this Act may be used 

15 in contravention of the applicable provisions of the Buy 

16 American Act (41 U.S.C. 10a et seq.). 

17 SEC. 512. The Secretary of Homeland Security is di18 rected to research, develop, and procure certified systems 

19 to inspect and screen air cargo on passenger aircraft at 

20 the earliest date possible: Provided, That until such tech21 nology is procured and installed, the Secretary shall take 

22 all possible actions to prohibit high-risk cargo from being 

23 transported on passenger aircraft. 

24 SEC. 513. None of the funds made available by this 

25 or previous appropriations Acts may be obligated for con-
37 

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1 tracting out a full-time equivalent position of the Depart2 ment of Homeland Security for which funds have been 

3 made available unless the Committees on Appropriations 

4 of the Senate and the House of Representatives are noti5 fied 15 days in advance. 

6 SEC. 514. (a) None of the funds provided by this or 

7 previous appropriations Acts may be obligated for deploy8 ment or implementation, on other than a test basis, of the 

9 Computer Assisted Passenger Prescreening System 

10 (CAPPS II) that the Transportation Security Administra11 tion (TSA) plans to utilize to screen aviation passengers, 

12 until the General Accounting Office has reported to the 

13 Committees on Appropriations of the Senate and the 

14 House of Representatives that— 

15 (1) a system of due process exists whereby avia16 tion passengers determined to pose a threat and ei17 ther delayed or prohibited from boarding their 

18 scheduled flights by the TSA may appeal such deci19 sion and correct erroneous information contained in 

20 CAPPS II; 

21 (2) the underlying error rate of the government 

22 and private data bases that will be used both to es23 tablish identity and assign a risk level to a pas24 senger will not produce a large number of false 

25 positives that will result in a significant number of 
38 

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1 passengers being treated mistakenly or security re2 sources being diverted; 

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

4 the efficacy and accuracy of all search tools in 

5 CAPPS II and has demonstrated that CAPPS II 

6 can make an accurate predictive assessment of those 

7 passengers who may constitute a threat to aviation; 

8 (4) the Secretary of Homeland Security has es9 tablished an internal oversight board to monitor the 

10 manner in which CAPPS II is being developed and 

11 prepared; 

12 (5) the TSA has built in sufficient operational 

13 safeguards to reduce the opportunities for abuse; 

14 (6) substantial security measures are in place to 

15 protect CAPPS II from unauthorized access by 

16 hackers or other intruders; 

17 (7) the TSA has adopted policies establishing 

18 effective oversight of the use and operation of the 

19 system; and 

20 (8) there are no specific privacy concerns with 

21 the technological architecture of the system. 

22 (b) During the testing phase permitted by paragraph 

23 (a) of this section, no information gathered from pas24 sengers, foreign or domestic air carriers, or reservation 
39 

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1 systems may be used to screen aviation passengers, or 

2 delay or deny boarding to such passengers. 

3 (c) The General Accounting Office shall submit the 

4 report required under paragraph (a) of this section no 

5 later than February 15, 2005. 

6 This Act may be cited as the ‘‘Department of Home7 land Security Appropriations Act, 2005’’. 

Calendar No. 583 

108TH CONGRESS 

2D SESSION S. 2537 

[Report No. 108–280] 

A BILL 

Making appropriations for the Department of 

September 30, 2005, and for other purposes. Homeland Security for the fiscal year ending 

JUNE 17, 2004 

Read twice and placed on the calendar