IB 

108TH CONGRESS 

2D SESSION H. R. 4567 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2004 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

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: 
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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 Sec6 retary of Homeland Security, as authorized by section 

7 102 of the Homeland Security Act of 2002 (6 U.S.C. 

8 112), and executive management of the Department of 

9 Homeland Security, as authorized by law, $80,227,000: 

10 Provided, That not to exceed $45,000 shall be for official 

11 reception and representation expenses. 

12 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

13 For necessary expenses of the Office of the Under 

14 Secretary for Management, as authorized by sections 

15 701–705 of the Homeland Security Act of 2002 (6 

16 U.S.C. 341–345), $179,806,000 (reduced by $450,000) 

17 (reduced by $50,000,000): Provided, That not to exceed 

18 $5,000 shall be for official reception and representation 

19 expenses: Provided further, That of the total amount pro20 vided, $65,081,000 shall remain available until expended 

21 for costs necessary to consolidate headquarters operations 

22 at the Nebraska Avenue Complex, including tenant im23 provements and relocation costs. 
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $13,000,000. 

5 OFFICE OF THE CHIEF PROCUREMENT OFFICER

6 For necessary expenses of the Office of the Chief Pro7 curement Officer, $7,734,000. 

8 OFFICE OF THE CHIEF INFORMATION OFFICER

9 For necessary expenses of the Office of the Chief In10 formation Officer, as authorized by section 103 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 113), 

12 $60,139,000. 

13 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

14 For development and acquisition of information 

15 technology equipment, software, services, and related ac16 tivities for the Department of Homeland Security, and 

17 for the costs of conversion to narrowband communica18 tions, including the cost for operation of the land mobile 

19 radio legacy systems, $211,000,000, to remain available 

20 until expended: Provided, That none of the funds appro21 priated shall be used to support or supplement the appro22 priations provided for the United States Visitor and Im23 migrant Status Indicator Technology project or the Auto24 mated Commercial Environment. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

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

5 which not to exceed $100,000 may be used for certain 

6 confidential operational expenses, including the payment 

7 of informants, to be expended at the direction of the In8 spector General. 

9 TITLE II—SECURITY, ENFORCEMENT, AND 

10 INVESTIGATIONS 

11 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

12 TRANSPORTATION SECURITY

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of the Under 

15 Secretary for Border and Transportation Security, as au16 thorized by subtitle A of title IV of the Homeland Secu17 rity Act of 2002 (6 U.S.C. 201 et seq.), $10,371,000. 

18 UNITED STATES VISITOR AND IMMIGRANT STATUS

19 INDICATOR TECHNOLOGY

20 For necessary expenses for the development of the 

21 United States Visitor and Immigrant Status Indicator 

22 Technology project, as authorized by section 110 of the 

23 Illegal Immigration Reform and Immigration Responsi24 bility Act of 1996 (8 U.S.C. 1221 note), $340,000,000, 

25 to remain available until expended: Provided, That of the 

26 funds appropriated under this heading, $254,000,000 
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1 may not be obligated for the United States Visitor and 

2 Immigrant Status Indicator Technology project until the 

3 Committees on Appropriations of the Senate and the 

4 House of Representatives receive and approve a plan for 

5 expenditure prepared by the Secretary of Homeland Se6 curity that: (1) meets the capital planning and invest7 ment control review requirements established by the Of8 fice of Management and Budget, including Circular A– 

9 11, part 3; (2) complies with the Department of Home10 land Security enterprise information systems architec11 ture; (3) complies with the acquisition rules, require12 ments, guidelines, and systems acquisition management 

13 practices of the Federal Government; (4) is reviewed and 

14 approved by the Department of Homeland Security and 

15 the Office of Management and Budget; and (5) is re16 viewed by the General Accounting Office. 

17 CUSTOMS AND BORDER PROTECTION

18 SALARIES AND EXPENSES

19 For necessary expenses for enforcement of laws re20 lating to border security, immigration, customs, and agri21 cultural inspections and regulatory activities related to 

22 plant and animal imports; acquisition, lease, maintenance 

23 and operation of aircraft; purchase and lease of up to 

24 4,500 (3,935 for replacement only) police-type vehicles; 

25 and contracting with individuals for personal services 
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1 abroad; $4,611,911,000 (increased by $450,000), of 

2 which $3,000,000 shall be derived from the Harbor 

3 Maintenance Trust Fund for administrative expenses re4 lated to the collection of the Harbor Maintenance Fee 

5 pursuant to Public Law 103–182 and notwithstanding 

6 section 1511(e)(1) of Public Law 107–296; of which not 

7 to exceed $40,000 shall be for official reception and rep8 resentation expenses; of which not to exceed 

9 $176,162,000 shall remain available until September 30, 

10 2006, for inspection and surveillance technology, un11 manned aerial vehicles, and equipment for the Container 

12 Security Initiative; of which such sums as become avail13 able in the Customs User Fee Account, except sums sub14 ject to section 13031(f)(3) of the Consolidated Omnibus 

15 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 

16 shall be derived from that account; of which not to exceed 

17 $150,000 shall be available for payment for rental space 

18 in connection with preclearance operations; of which not 

19 to exceed $1,000,000 shall be for awards of compensation 

20 to informants, to be accounted for solely under the cer21 tificate of the Under Secretary for Border and Transpor22 tation Security; and of which not to exceed $5,000,000 

23 shall be available for payments or advances arising out 

24 of contractual or reimbursable agreements with State and 

25 local law enforcement agencies while engaged in coopera-
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1 tive activities related to immigration: Provided, That for 

2 fiscal year 2005, the aggregate overtime limitation pre3 scribed in section 5(c)(1) of the Act of February 13, 

4 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not5 withstanding any other provision of law, none of the 

6 funds appropriated in this Act may be available to com7 pensate any employee of U.S. Customs and Border Pro8 tection for aggregate overtime and premium pay, from 

9 whatever source, in an amount that exceeds such limita10 tion, except in individual cases determined by the Under 

11 Secretary for Border and Transportation Security, or a 

12 designee, to be necessary for national security purposes, 

13 to prevent excessive costs, or in cases of immigration 

14 emergencies: Provided further, That none of the funds ap15 propriated in this Act may be obligated to construct per16 manent Border Patrol checkpoints in the U.S. Customs 

17 and Border Protection’s Tucson sector: Provided further, 

18 That the Commissioner, U.S. Customs and Border Pro19 tection, is directed to submit to the Committees on Ap20 propriations of the Senate and the House of Representa21 tives a plan for expenditure that includes location, design, 

22 costs, and benefits of each proposed Tucson sector per23 manent checkpoint: Provided further, That U.S. Customs 

24 and Border Protection shall relocate its tactical check25 points in the Tucson sector at least an average of once 
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1 every 14 days in a manner designed to prevent persons 

2 subject to inspection from predicting the location of any 

3 such checkpoint. 

4 AUTOMATION MODERNIZATION

5 For expenses for customs and border protection 

6 automated systems, $449,909,000, to remain available 

7 until expended, of which not less than $321,690,000 shall 

8 be for the development of the Automated Commercial 

9 Environment: Provided, That none of the funds appro10 priated under this heading may be obligated for the 

11 Automated Commercial Environment until the Commit12 tees on Appropriations of the Senate and the House of 

13 Representatives receive and approve a plan for expendi14 ture prepared by the Under Secretary for Border and 

15 Transportation Security that: (1) meets the capital plan16 ning and investment control review requirements estab17 lished by the Office of Management and Budget, includ18 ing Circular A–11, part 3; (2) complies with U.S. Cus19 toms and Border Protection’s enterprise information sys20 tems architecture; (3) complies with the acquisition rules, 

21 requirements, guidelines, and systems acquisition man22 agement practices of the Federal Government; (4) is re23 viewed and approved by the U.S. Customs and Border 

24 Protection Investment Review Board, the Department of 

25 Homeland Security, and the Office of Management and 
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1 Budget; and (5) is reviewed by the General Accounting 

2 Office. 

3 CONSTRUCTION

4 For necessary expenses to plan, construct, renovate, 

5 equip, and maintain buildings and facilities necessary for 

6 the administration and enforcement of laws relating to 

7 customs and immigration, $91,718,000, to remain avail8 able until expended. 

9 IMMIGRATION AND CUSTOMS ENFORCEMENT

10 SALARIES AND EXPENSES

11 For necessary expenses for enforcement of immigra12 tion and customs laws, detention and removals, and in13 vestigations; and purchase and lease of up to 2,300 

14 (2,000 for replacement only) police-type vehicles; 

15 $2,377,006,000, of which not to exceed $5,000,000 shall 

16 be available until expended for conducting special oper17 ations pursuant to section 3131 of the Customs Enforce18 ment Act of 1986 (19 U.S.C. 2081); of which not to ex19 ceed $15,000 shall be for official reception and represen20 tation expenses; of which not to exceed $1,000,000 shall 

21 be for awards of compensation to informants, to be ac22 counted for solely under the certificate of the Under Sec23 retary for Border and Transportation Security; of which 

24 not less than $100,000 shall be for promotion of public 

25 awareness of the child pornography tipline; of which not 

26 less than $200,000 shall be for Project Alert; and of 
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1 which not to exceed $16,216,000 shall be available to 

2 fund or reimburse other Federal agencies for the costs 

3 associated with the care, maintenance, and repatriation 

4 of smuggled illegal aliens: Provided, That none of the 

5 funds appropriated shall be available to compensate any 

6 employee for overtime in an annual amount in excess of 

7 $35,000, except that the Under Secretary for Border and 

8 Transportation Security may waive that amount as nec9 essary for national security purposes and in cases of im10 migration emergencies: Provided further, That of the total 

11 amount provided, $3,000,000 shall be for activities to en12 force laws against forced child labor in fiscal year 2005, 

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

14 until expended. 

15 FEDERAL AIR MARSHALS

16 For necessary expenses of the Federal air marshals, 

17 $662,900,000, to remain available until expended. 

18 FEDERAL PROTECTIVE SERVICE

19 The revenues and collections of security fees credited 

20 to this account, not to exceed $478,000,000, shall be 

21 available until expended for necessary expenses related to 

22 the protection of federally-owned and leased buildings 

23 and for the operations of the Federal Protective Service. 

24 AUTOMATION MODERNIZATION

25 For expenses of immigration and customs enforce26 ment automated systems, $39,605,000, to remain avail-
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1 able until expended: Provided, That none of the funds ap2 propriated under this heading may be obligated for 

3 ATLAS until the Committees on Appropriations of the 

4 Senate and the House of Representatives receive and ap5 prove a plan for expenditure prepared by the Under Sec6 retary for Border and Transportation Security that: (1) 

7 meets the capital planning and investment control review 

8 requirements established by the Office of Management 

9 and Budget, including Circular A–11, part 3; (2) com10 plies with U.S. Immigration and Customs Enforcement’s 

11 enterprise information systems architecture; (3) complies 

12 with the acquisition rules, requirements, guidelines, and 

13 systems acquisition management practices of the Federal 

14 Government; (4) is reviewed and approved by the U.S. 

15 Immigration and Customs Enforcement’s Investment Re16 view Board, the Department of Homeland Security, and 

17 the Office of Management and Budget; and (5) is re18 viewed by the General Accounting Office. 

19 CONSTRUCTION

20 For necessary expenses to plan, construct, renovate, 

21 equip, and maintain buildings and facilities necessary for 

22 the administration and enforcement of the laws relating 

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

24 available until expended. 
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1 AIR AND MARINE INTERDICTION, OPERATIONS, 

2 MAINTENANCE, AND PROCUREMENT

3 For necessary expenses for the operations, mainte4 nance, and procurement of marine vessels, aircraft, and 

5 other related equipment of the air and marine program, 

6 including operational training and mission-related travel, 

7 and rental payments for facilities occupied by the air or 

8 marine interdiction and demand reduction programs, the 

9 operations of which include the following: the interdiction 

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

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

12 administration of laws enforced by U.S. Customs and 

13 Border Protection or U.S. Immigration and Customs En14 forcement; and at the discretion of the Under Secretary 

15 for Border and Transportation Security, the provision of 

16 assistance to Federal, State, and local agencies in other 

17 law enforcement and emergency humanitarian efforts, 

18 $257,535,000, to remain available until expended: Pro19 vided, That no aircraft or other related equipment, with 

20 the exception of aircraft that are one of a kind and have 

21 been identified as excess to U.S. Immigration and Cus22 toms Enforcement requirements and aircraft that have 

23 been damaged beyond repair, shall be transferred to any 

24 other Federal agency, department, or office outside of the 

25 Department of Homeland Security during fiscal year 
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1 2005 without the prior approval of the Committees on 

2 Appropriations of the Senate and the House of Rep3 resentatives. 

4 TRANSPORTATION SECURITY ADMINISTRATION

5 AVIATION SECURITY

6 For necessary expenses of the Transportation Secu7 rity Administration related to providing civil aviation se8 curity services pursuant to the Aviation and Transpor9 tation Security Act (Public Law 107–71), 

10 $4,270,564,000, to remain available until expended, of 

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

12 and representation expenses: Provided, That of the total 

13 amount provided under this heading, not to exceed 

14 $2,016,814,000 shall be for passenger screening activi15 ties; not to exceed $1,406,460,000 shall be for baggage 

16 screening activities; and not to exceed $847,290,000 shall 

17 be for airport security direction and enforcement: Pro18 vided further, That security service fees authorized under 

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

20 credited to this appropriation as offsetting collections: 

21 Provided further, That the sum herein appropriated from 

22 the General Fund shall be reduced on a dollar-for-dollar 

23 basis as such offsetting collections are received during 

24 fiscal year 2005, so as to result in a final fiscal year ap25 propriation from the General Fund estimated at not more 
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1 than $2,447,564,000: Provided further, That any security 

2 service fees collected pursuant to section 118 of Public 

3 Law 107–71 in excess of the amount appropriated under 

4 this heading shall be treated as offsetting collections in 

5 fiscal year 2006: Provided further, That none of the 

6 funds in this Act shall be used to recruit or hire per7 sonnel into the Transportation Security Administration 

8 which would cause the agency to exceed a staffing level 

9 of 45,000 full-time equivalent screeners. 

10 MARITIME AND LAND SECURITY

11 For necessary expenses of the Transportation Secu12 rity Administration related to maritime and land trans13 portation security grants and services pursuant to the 

14 Aviation and Transportation Security Act (Public Law 

15 107–71), $65,000,000, to remain available until Sep16 tember 30, 2006. 

17 In addition, from fees authorized by section 520 of 

18 Public Law 108–90, up to $67,000,000 is available until 

19 expended: Provided, That in fiscal year 2005, other funds 

20 under this heading may be used for initial administrative 

21 costs of such credentialing activities. 

22 INTELLIGENCE

23 For necessary expenses for intelligence activities 

24 pursuant to the Aviation and Transportation Security 

25 Act (Public Law 107–71), $14,000,000. 
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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses for research and develop3 ment related to transportation security, $174,000,000, to 

4 remain available until expended. 

5 ADMINISTRATION

6 For necessary expenses for administrative activities 

7 of the Transportation Security Administration to carry 

8 out the Aviation and Transportation Security Act (Public 

9 Law 107–71), $524,852,000, to remain available until 

10 September 30, 2006. 

11 UNITED STATES COAST GUARD

12 OPERATING EXPENSES

13 For necessary expenses for the operation and main14 tenance of the Coast Guard not otherwise provided for; 

15 purchase or lease of not to exceed 25 passenger motor ve16 hicles for replacement only; payments pursuant to section 

17 156 of Public Law 97–377 (42 U.S.C. 402 note) and sec18 tion 229(b) of the Social Security Act (42 U.S.C. 

19 429(b)); and recreation and welfare; $5,171,220,000, of 

20 which $1,204,000,000 shall be for defense-related activi21 ties; of which $24,500,000 shall be derived from the Oil 

22 Spill Liability Trust Fund to carry out the purposes of 

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

24 of which not to exceed $3,000 shall be for official recep25 tion and representation expenses: Provided, That none of 

26 the funds appropriated by this or any other Act shall be 
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1 available for administrative expenses in connection with 

2 shipping commissioners in the United States: Provided 

3 further, That none of the funds provided by this Act shall 

4 be available for expenses incurred for yacht documenta5 tion under section 12109 of title 46, United States Code, 

6 except to the extent fees are collected from yacht owners 

7 and credited to this appropriation: Provided further, That 

8 notwithstanding section 1116(c) of title 10, United 

9 States Code, amounts made available under this heading 

10 may be used to make payments into the Department of 

11 Defense Medicare-Eligible Retiree Health Care Fund for 

12 fiscal year 2005 under section 1116(a) of such title. 

13 ENVIRONMENTAL COMPLIANCE AND RESTORATION

14 For necessary expenses to carry out the Coast 

15 Guard’s environmental compliance and restoration func16 tions under chapter 19 of title 14, United States Code, 

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

18 RESERVE TRAINING

19 For necessary expenses of the Coast Guard Reserve, 

20 as authorized by law; operations and maintenance of the 

21 reserve program; personnel and training costs; and equip22 ment and services; $113,000,000. 

23 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

24 (INCLUDING RESCISSION OF FUNDS)

25 For necessary expenses of acquisition, construction, 

26 renovation, and improvement of aids to navigation, shore 
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1 facilities, vessels, and aircraft, including equipment re2 lated thereto; and maintenance, rehabilitation, lease and 

3 operation of facilities and equipment, as authorized by 

4 law, $936,550,000, of which $20,000,000 shall be derived 

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

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

7 of 1990; of which $19,750,000 shall be available until 

8 September 30, 2009, to acquire, repair, renovate, or im9 prove vessels, small boats, and related equipment; of 

10 which $1,800,000 shall be available until September 30, 

11 2009, to increase aviation capability; of which 

12 $138,000,000 shall be available until September 30, 

13 2007, for other equipment; of which $5,000,000 shall be 

14 available until September 30, 2007, for shore facilities 

15 and aids to navigation of which $73,000,000 shall be 

16 available until September 30, 2006, for personnel com17 pensation and benefits and related costs; and of which 

18 $679,000,000 shall be available until September 30, 

19 2009, for the Integrated Deepwater Systems program: 

20 Provided, That the Secretary of Homeland Security shall 

21 submit to the Congress, in conjunction with the Presi22 dent’s fiscal year 2006 budget, a new Deepwater baseline 

23 that identifies revised acquisition timelines for each asset 

24 contained in the Deepwater program; a timeline and de25 tailed justification for each new asset that is determined 
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1 to be necessary to fulfill homeland and national security 

2 functions or multi-agency procurements as identified by 

3 the Joint Requirements Council; a detailed description of 

4 the revised mission requirements and their corresponding 

5 impact on the Deepwater program’s acquisition timeline; 

6 and funding levels for each asset, whether new or con7 tinuing: Provided further, That the Secretary shall annu8 ally submit to the Congress, at the time that the Presi9 dent’s budget is submitted under section 1105(a) of title 

10 31, a future-years capital investment plan for the Coast 

11 Guard that identifies for each capital budget line item— 

12 (1) the proposed appropriation included in that 

13 budget; 

14 (2) the total estimated cost of completion; 

15 (3) projected funding levels for each fiscal year 

16 for the next five fiscal years or until project comple17 tion, whichever is earlier; 

18 (4) an estimated completion date at the pro19 jected funding levels; and 

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

21 of completion or estimated completion date from 

22 previous future-years capital investment plans sub23 mitted to the Congress: 

24 Provided further, That the Secretary shall ensure that 

25 amounts specified in the future-years capital investment 
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1 plan are consistent to the maximum extent practicable 

2 with proposed appropriations necessary to support the 

3 programs, projects, and activities of the Coast Guard in 

4 the President’s budget as submitted under section 1105(a) 

5 of title 31 for that fiscal year: Provided further, That any 

6 inconsistencies between the capital investment plan and 

7 proposed appropriations shall be identified and justified. 

8 In addition, of the funds appropriated under this heading 

9 in Public Law 108–90 and Public Law 108–7, 

10 $33,000,000 are rescinded. 

11 ALTERATION OF BRIDGES

12 For necessary expenses for alteration or removal of 

13 obstructive bridges, $16,400,000, to remain available 

14 until expended. 

15 RETIRED PAY

16 For retired pay, including the payment of obliga17 tions otherwise chargeable to lapsed appropriations for 

18 this purpose, payments under the Retired Serviceman’s 

19 Family Protection and Survivor Benefits Plans, payment 

20 for career status bonuses under the National Defense Au21 thorization Act, and payments for medical care of retired 

22 personnel and their dependents under chapter 55 of title 

23 10, United States Code, $1,085,460,000. 
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1 UNITED STATES SECRET SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret 

4 Service, including purchase of not to exceed 610 vehicles 

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

6 and hire of passenger motor vehicles; purchase of Amer7 ican-made motorcycles; hire of aircraft; services of expert 

8 witnesses at such rates as may be determined by the Di9 rector; rental of buildings in the District of Columbia, 

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

11 on private or other property not in Government owner12 ship or control, as may be necessary to perform protec13 tive functions; payment of per diem or subsistence allow14 ances to employees where a protective assignment during 

15 the actual day or days of the visit of a protectee requires 

16 an employee to work 16 hours per day or to remain over17 night at his or her post of duty; conduct of and participa18 tion in firearms matches; presentation of awards; travel 

19 of Secret Service employees on protective missions with20 out regard to the limitations on such expenditures in this 

21 or any other Act if approval is obtained in advance from 

22 the Committees on Appropriations of the Senate and the 

23 House of Representatives; research and development; 

24 grants to conduct behavioral research in support of pro25 tective research and operations; and payment in advance 
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1 for commercial accommodations as may be necessary to 

2 perform protective functions; $1,179,125,000, of which 

3 not to exceed $30,000 shall be for official reception and 

4 representation expenses; of which not to exceed $100,000 

5 shall be to provide technical assistance and equipment to 

6 foreign law enforcement organizations in counterfeit in7 vestigations; of which $2,100,000 shall be for forensic 

8 and related support of investigations of missing and ex9 ploited children; and of which $5,000,000 shall be a 

10 grant for activities related to the investigations of ex11 ploited children and shall remain available until ex12 pended: Provided, That up to $18,000,000 provided for 

13 protective travel shall remain available until September 

14 30, 2006: Provided further, That not less than 

15 $10,000,000 for the costs of planning, preparing for, and 

16 conducting security operations for National Special Secu17 rity Events shall be available until September 30, 2006: 

18 Provided further, That the United States Secret Service 

19 is authorized to obligate funds in anticipation of reim20 bursements from agencies and entities, as defined in sec21 tion 105 of title 5, United States Code, receiving training 

22 sponsored by the James J. Rowley Training Center, ex23 cept that total obligations at the end of the fiscal year 

24 shall not exceed total budgetary resources available under 

25 this heading at the end of the fiscal year. 
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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 FOR STATE AND LOCAL GOVERNMENT

8 COORDINATION AND PREPAREDNESS

9 SALARIES AND EXPENSES

10 For necessary expenses for the Office for State and 

11 Local Government Coordination and Preparedness, as au12 thorized by sections 430 and 801 of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 238 and 361), $41,432,000: 

14 Provided, That not to exceed $3,000 shall be for official 

15 reception and representation expenses. 

16 STATE AND LOCAL PROGRAMS

17 For grants, contracts, cooperative agreements, and 

18 other activities, including grants to State and local govern19 ments for terrorism prevention activities, $3,423,900,000, 

20 which shall be allocated as follows: 

21 (1) $1,250,000,000 for formula-based grants 

22 and $500,000,000 for law enforcement terrorism 

23 prevention grants pursuant to section 1014 of the 

24 USA PATRIOT Act of 2001 (42 U.S.C. 3714): Pro25 vided, That the application for grants shall be made 

26 available to States within 45 days after enactment 
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1 of this Act; that States shall submit applications 

2 within 30 days after the grant announcement; and 

3 that the Office for State and Local Government Co4 ordination and Preparedness shall act within 15 

5 days after receipt of an application: Provided further, 

6 That each State shall obligate not less than 80 per7 cent of the total amount of the grant to local govern8 ments within 60 days after the grant award; 

9 (2) $1,000,000,000 for discretionary grants for 

10 use in high-threat, high-density urban areas and for 

11 rail and transit security, as determined by the Sec12 retary of Homeland Security: Provided, That not 

13 less than 80 percent of any grant to a State shall 

14 be made available by the State to local governments 

15 within 60 days after their receipt of the funds: Pro16 vided further, That section 1014(c)(3) of the USA 

17 PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 

18 not apply to these grants: Provided further, That of 

19 the funds provided, not less than $100,000,000 shall 

20 be used for rail and transit security grants; 

21 (3) $170,000,000 for emergency management 

22 performance grants pursuant to section 1014 of the 

23 USA PATRIOT Act of 2001 (42 U.S.C. 3714), as 

24 authorized by the National Flood Insurance Act of 

25 1968 and the Flood Disaster Protection Act of 1973 
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1 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 

2 Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5121 et seq.), the Earthquake Hazards Re4 ductions Act of 1977 (42 U.S.C. 7701 et seq.), and 

5 Reorganization Plan No. 3 of 1978 (5 U.S.C. App): 

6 Provided, That total administrative costs shall not 

7 exceed 3 percent of the total appropriation; and 

8 (4) $125,000,000 for port security grants, 

9 which shall be distributed under the same terms and 

10 conditions as provided for under Public Law 107– 

11 117: Provided, That section 1014(c)(3) of the USA 

12 PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 

13 not apply to these grants: 

14 Provided, That except for port security grants under para15 graph (4) of this heading, none of the funds appropriated 

16 under this heading shall be used for construction or ren17 ovation of facilities: Provided further, That funds appro18 priated for law enforcement terrorism prevention grants 

19 under paragraph (1) and discretionary grants under para20 graph (2) of this heading shall be available for operational 

21 costs, to include personnel overtime and overtime associ22 ated with Office for State and Local Government Coordi23 nation and Preparedness certified training, as needed: 

24 Provided further, That grantees shall provide reports on 

25 their use of funds, as deemed necessary by the Secretary 
25 

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1 of Homeland Security: Provided further, That the Office 

2 for State and Local Government Coordination and Pre3 paredness shall complete the development of mission es4 sential tasks by July 31, 2004; the fiscal year 2005 State 

5 grant guidance shall include instructions for the comple6 tion of State baseline assessments; a Federal response ca7 pabilities inventory shall be completed by March 15, 2005; 

8 and the Office for State and Local Government Coordina9 tion and Preparedness shall provide quarterly reports to 

10 the Committees on Appropriations of the Senate and the 

11 House of Representatives on the implementation of Home12 land Security Presidential Directive-8, beginning October 

13 1, 2004. 

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), $600,000,000 (increased by 

18 $50,000,000, which increase is available for grants under 

19 section 34 of the Federal Fire Prevention and Control Act 

20 of 1974 (15 U.S.C. 2229a)), to remain available until Sep21 tember 30, 2006: Provided, That not to exceed 5 percent 

22 of this amount shall be available for program administra23 tion. 

24 COUNTERTERRORISM FUND

25 For necessary expenses, as determined by the Sec26 retary of Homeland Security, to reimburse any Federal 
26 

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1 agency for the costs of providing support to counter, in2 vestigate, or respond to unexpected threats or acts of ter3 rorism, including payment of rewards in connection with 

4 these activities, $10,000,000, to remain available until 

5 expended: Provided, That the Secretary shall notify the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives 15 days prior to the obligation 

8 of any amount of these funds in accordance with section 

9 503 of this Act. 

10 EMERGENCY PREPAREDNESS AND RESPONSE

11 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

12 PREPAREDNESS AND RESPONSE

13 For necessary expenses for the Office of the Under 

14 Secretary for Emergency Preparedness and Response, as 

15 authorized by section 502 of the Homeland Security Act 

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

17 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

18 For necessary expenses for preparedness, mitigation, 

19 response, and recovery activities of the Emergency Pre20 paredness and Response Directorate, $210,499,000, in21 cluding activities authorized by the National Flood Insur22 ance Act of 1968 (42 U.S.C. 4011 et seq.), the Flood 

23 Disaster Protection Act of 1973 (42 U.S.C. 4001 et 

24 seq.), the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5121 et seq.), the 

26 Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
27 

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1 7701 et seq.), the Federal Fire Prevention and Control 

2 Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Pro3 duction Act of 1950 (50 U.S.C. App. 2061 et seq.), sec4 tions 107 and 303 of the National Security Act of 1947 

5 (50 U.S.C. 404, 405, 411), Reorganization Plan No. 3 of 

6 1978 (5 U.S.C. App.), and the Homeland Security Act of 

7 2002 (6 U.S.C. 101 et seq.). 

8 ADMINISTRATIVE AND REGIONAL OPERATIONS

9 For necessary expenses for administrative and re10 gional operations of the Emergency Preparedness and 

11 Response Directorate, $203,939,000, including activities 

12 authorized by the National Flood Insurance Act of 1968 

13 (42 U.S.C. 4011 et seq.), the Flood Disaster Protection 

14 Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Re17 duction Act of 1977 (42 U.S.C. 7701 et seq.), the Fed18 eral Fire Prevention and Control Act of 1974 (15 U.S.C. 

19 2201 et seq.), the Defense Production Act of 1950 (50 

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

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

22 411), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

23 App.), and the Homeland Security Act of 2002 (6 U.S.C. 

24 101 et seq.): Provided, That not to exceed $4,000 shall 

25 be for official reception and representation expenses. 
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1 PUBLIC HEALTH PROGRAMS

2 For necessary expenses for countering potential bio3 logical, disease, and chemical threats to civilian popu4 lations, $34,000,000. 

5 DISASTER RELIEF

6 For necessary expenses in carrying out the Robert 

7 T. Stafford Disaster Relief and Emergency Assistance 

8 Act (42 U.S.C. 5121 et seq.), $2,042,380,000, to remain 

9 available until expended. 

10 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

11 For administrative expenses to carry out the direct 

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

13 T. Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5162), $567,000: Provided, That gross 

15 obligations for the principal amount of direct loans shall 

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

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

18 of the Congressional Budget Act of 1974 (2 U.S.C. 

19 661a). 

20 FLOOD MAP MODERNIZATION FUND

21 For necessary expenses pursuant to section 1360 of 

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

23 4101), $150,000,000, and such additional sums as may 

24 be provided by State and local governments or other po25 litical subdivisions for cost-shared mapping activities 

26 under section 1360(f)(2) of such Act, to remain available 
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1 until expended: Provided, That total administrative costs 

2 shall not exceed 3 percent of the total appropriation. 

3 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

4 The aggregate charges assessed during fiscal year 

5 2005, as authorized by the Energy and Water Develop6 ment Appropriations Act, 2001 (as enacted into law by 

7 Public Law 106–377), shall not be less than 100 percent 

8 of the amounts anticipated by the Department of Home9 land Security necessary for its radiological emergency 

10 preparedness program for the next fiscal year: Provided, 

11 That the methodology for assessment and collection of 

12 fees shall be fair and equitable and shall reflect costs of 

13 providing such services, including administrative costs of 

14 collecting such fees: Provided further, That fees received 

15 under this heading shall be deposited in this account as 

16 offsetting collections and will become available for au17 thorized purposes on October 1, 2005, and remain avail18 able until expended. 

19 NATIONAL FLOOD INSURANCE FUND

20 (INCLUDING TRANSFER OF FUNDS) 

21 For activities under the National Flood Insurance 

22 Act of 1968 (42 U.S.C. 4011 et seq.), and the Flood Dis23 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

24 not to exceed $33,336,000 for salaries and expenses asso25 ciated with flood mitigation and flood insurance oper26 ations; and not to exceed $79,257,000 for flood hazard 
30 

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1 mitigation, to remain available until September 30, 2006, 

2 including up to $20,000,000 for expenses under section 

3 1366 of the National Flood Insurance Act of 1968 (42 

4 U.S.C. 4104c), which amount shall be available for trans5 fer to the National Flood Mitigation Fund until Sep6 tember 30, 2006, and which amount shall be derived 

7 from offsetting collections assessed and collected pursu8 ant to section 1307 of that Act (42 U.S.C. 4014), and 

9 shall be retained and used for necessary expenses under 

10 this heading: Provided, That in fiscal year 2005, no 

11 funds in excess of: (1) $55,000,000 for operating ex12 penses; (2) $562,881,000 for agents’ commissions and 

13 taxes; and (3) $30,000,000 for interest on Treasury bor14 rowings shall be available from the National Flood Insur15 ance Fund. 

16 NATIONAL FLOOD MITIGATION FUND

17 (INCLUDING TRANSFER OF FUNDS) 

18 Notwithstanding subparagraphs (B) and (C) of sub19 section (b)(3), and subsection (f), of section 1366 of the 

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

21 4104c), $20,000,000, to remain available until September 

22 30, 2006, for activities designed to reduce the risk of 

23 flood damage to structures pursuant to such Act, of 

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

25 Flood Insurance Fund. 
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1 NATIONAL PRE-DISASTER MITIGATION FUND

2 For a pre-disaster mitigation grant program pursu3 ant to title II of the Robert T. Stafford Disaster Relief 

4 and Emergency Assistance Act (42 U.S.C. 5131 et seq.), 

5 $100,000,000, to remain available until expended: Pro6 vided, That grants made for pre-disaster mitigation shall 

7 be awarded on a competitive basis subject to the criteria 

8 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro9 vided further, That total administrative costs shall not ex10 ceed 3 percent of the total appropriation. 

11 EMERGENCY FOOD AND SHELTER

12 To carry out an emergency food and shelter program 

13 pursuant to title III of the Stewart B. McKinney Home14 less Assistance Act (42 U.S.C. 11331 et seq.), 

15 $153,000,000, to remain available until expended: Pro16 vided, That total administrative costs shall not exceed 3.5 

17 percent of the total appropriation. 

18 TITLE IV—RESEARCH AND DEVELOPMENT, 

19 TRAINING, ASSESSMENTS, AND SERVICES 

20 CITIZENSHIP AND IMMIGRATION SERVICES

21 For necessary expenses for citizenship and immigra22 tion services, $160,000,000. 

23 FEDERAL LAW ENFORCEMENT TRAINING CENTER

24 SALARIES AND EXPENSES

25 For necessary expenses of the Federal Law Enforce26 ment Training Center, including materials and support 
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1 costs of Federal law enforcement basic training; purchase 

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

3 of passenger motor vehicles; expenses for student athletic 

4 and related activities; the conduct of and participation in 

5 firearms matches and presentation of awards; public 

6 awareness and enhancement of community support of law 

7 enforcement training; room and board for student in8 terns; a flat monthly reimbursement to employees author9 ized to use personal cell phones for official duties; and 

10 services as authorized by section 3109 of title 5, United 

11 States Code, $183,440,000, of which up to $36,174,000 

12 for materials and support costs of Federal law enforce13 ment basic training shall remain available until Sep14 tember 30, 2006; and of which not to exceed $12,000 

15 shall be for official reception and representation expenses: 

16 Provided, That the Center is authorized to obligate funds 

17 in anticipation of reimbursements from agencies receiving 

18 training sponsored by the Center, except that total obli19 gations at the end of the fiscal year shall not exceed total 

20 budgetary resources available at the end of the fiscal 

21 year. 

22 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

23 RELATED EXPENSES

24 For acquisition of necessary additional real property 

25 and facilities, construction, and ongoing maintenance, fa26 cility improvements, and related expenses of the Federal 
33 

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1 Law Enforcement Training Center, $37,917,000, to re2 main available until expended: Provided, That the Center 

3 is authorized to accept reimbursement to this appropria4 tion from government agencies requesting the construc5 tion of special use facilities. 

6 INFORMATION ANALYSIS AND INFRASTRUCTURE

7 PROTECTION

8 MANAGEMENT AND ADMINISTRATION

9 For salaries and expenses of the immediate Office of 

10 the Under Secretary for Information Analysis and Infra11 structure Protection and for management and adminis12 tration of programs and activities, as authorized by title 

13 II of the Homeland Security Act of 2002 (6 U.S.C. 121 

14 et seq.), $132,064,000: Provided, That not to exceed 

15 $5,000 shall be for official reception and representation 

16 expenses: Provided further, That of the total amount pro17 vided under this heading, $5,000,000 shall be for the 

18 Under Secretary to prepare an analysis of requiring key 

19 resources and critical infrastructure to provide informa20 tion related to actual and potential vulnerabilities to en21 sure that the Department has timely and efficient access 

22 to such information, as authorized by section 201(d) of 

23 such Act (6 U.S.C. 121(d)). 

24 ASSESSMENTS AND EVALUATIONS

25 For necessary expenses for information analysis and 

26 infrastructure protection, as authorized by title II of the 
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1 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

2 $722,512,000, to remain available until September 30, 

3 2006. 

4 SCIENCE AND TECHNOLOGY

5 MANAGEMENT AND ADMINISTRATION

6 For salaries and expenses of the immediate Office of 

7 the Under Secretary for Science and Technology and for 

8 management and administration of programs and activi9 ties, as authorized by title III of the Homeland Security 

10 Act of 2002 (6 U.S.C. 181 et seq.), $68,586,000: Pro11 vided, That not to exceed $3,000 shall be for official re12 ception and representation expenses. 

13 RESEARCH, DEVELOPMENT, ACQUISITION AND

14 OPERATIONS

15 For necessary expenses for science and technology 

16 research, including advanced research projects; develop17 ment; test and evaluation; acquisition; and operations; as 

18 authorized by title III of the Homeland Security Act of 

19 2002 (6 U.S.C. 181 et seq.), $1,063,713,000, to remain 

20 available until expended. 

21 TITLE V—GENERAL PROVISIONS 

22 (INCLUDING TRANSFERS OF FUNDS) 

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

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 
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1 SEC. 502. Subject to the requirements of section 

2 503 of this Act, the unexpended balances of prior appro3 priations provided for activities in this Act may be trans4 ferred to appropriation accounts for such activities estab5 lished pursuant to this Act: Provided, That balances so 

6 transferred may be merged with funds in the applicable 

7 established accounts and thereafter may be accounted for 

8 as one fund for the same time period as originally en9 acted. 

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

11 Act, provided by previous appropriation Acts to the agen12 cies in or transferred to the Department of Homeland 

13 Security that remain available for obligation or expendi14 ture in fiscal year 2005, or provided from any accounts 

15 in the Treasury of the United States derived by the col16 lection of fees available to the agencies funded by this 

17 Act, shall be available for obligation or expenditure 

18 through a reprogramming of funds that: (1) creates a 

19 new program; (2) eliminates a program, project, or activ20 ity; (3) increases funds for any program, project, or ac21 tivity for which funds have been denied or restricted by 

22 the Congress; or (4) proposes to use funds directed for 

23 a specific activity by either the House or Senate Commit24 tees on Appropriations for a different purpose; unless 

25 both Committees on Appropriations of the Senate and 
36 

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1 the House of Representatives are notified 15 days in ad2 vance of such reprogramming of funds. 

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

4 by previous appropriation Acts to the agencies in or 

5 transferred to the Department of Homeland Security that 

6 remain available for obligation or expenditure in fiscal 

7 year 2005, or provided from any accounts in the Treas8 ury of the United States derived by the collection of fees 

9 available to the agencies funded by this Act, shall be 

10 available for obligation or expenditure for programs, 

11 projects, or activities through a reprogramming of funds 

12 in excess of $5,000,000 or 10 percent, whichever is less, 

13 that: (1) augments existing programs, projects, or activi14 ties; (2) reduces by 10 percent funding for any existing 

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

16 10 percent as approved by the Congress; or (3) results 

17 from any general savings from a reduction in personnel 

18 that would result in a change in existing programs, 

19 projects, or activities as approved by the Congress; unless 

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives are notified 15 days in advance 

22 of such reprogramming of funds. 

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

24 made available for the current fiscal year for the Depart25 ment of Homeland Security by this Act or provided by 
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1 previous appropriation Acts may be transferred between 

2 such appropriations, but no such appropriation, except as 

3 otherwise specifically provided, shall be increased by more 

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

5 transfer under this subsection shall be treated as a re6 programming of funds under subsection (b) and shall not 

7 be available for obligation unless the Committees on Ap8 propriations of the Senate and the House of Representa9 tives are notified 15 days in advance of such transfer. 

10 SEC. 504. Except as otherwise specifically provided 

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

12 remaining available at the end of fiscal year 2005 from 

13 appropriations for salaries and expenses for fiscal year 

14 2005 in this Act shall remain available through Sep15 tember 30, 2006, in the account and for the purposes for 

16 which the appropriations were provided: Provided, That 

17 prior to the obligation of such funds, a request shall be 

18 submitted to the Committees on Appropriations of the 

19 Senate and the House of Representatives for approval in 

20 accordance with section 503 of this Act. 

21 SEC. 505. Funds made available by this Act for in22 telligence activities are deemed to be specifically author23 ized by the Congress for purposes of section 504 of the 

24 National Security Act of 1947 (50 U.S.C. 414) during 
38 

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1 fiscal year 2005 until the enactment of an Act author2 izing intelligence activities for fiscal year 2005. 

3 SEC. 506. The Federal Law Enforcement Training 

4 Center shall establish an accrediting body, to include rep5 resentatives from the Federal law enforcement commu6 nity and non-Federal accreditation experts involved in 

7 law enforcement training, to establish standards for 

8 measuring and assessing the quality and effectiveness of 

9 Federal law enforcement training programs, facilities, 

10 and instructors. 

11 SEC. 507. None of the funds in this Act may be 

12 used to make a grant unless the Secretary of Homeland 

13 Security notifies the Committees on Appropriations of the 

14 Senate and the House of Representatives not less than 

15 3 full business days before any grant allocation, discre16 tionary grant award, or letter of intent totaling 

17 $1,000,000 or more is announced by the Department or 

18 its directorates from: (1) any discretionary or formula19 based grant program of the Office for State and Local 

20 Government Coordination and Preparedness; (2) any let21 ter of intent from the Transportation Security Adminis22 tration; (3) any port security grant; or (4) awards for 

23 Homeland Security Centers of Excellence: Provided, That 

24 no notification shall involve funds that are not available 

25 for obligation. 
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1 SEC. 508. 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 Fed5 eral law enforcement training without the advance ap6 proval of the Committees on Appropriations of the Senate 

7 and the House of Representatives, except that the Fed8 eral Law Enforcement Training Center is authorized to 

9 obtain the temporary use of additional facilities by lease, 

10 contract, or other agreement for training which cannot be 

11 accommodated in existing Center facilities. 

12 SEC. 509. The Director of the Federal Law Enforce13 ment Training Center shall ensure that all training facili14 ties under the control of the Center are operated at opti15 mal capacity throughout the fiscal year. 

16 SEC. 510. None of the funds appropriated or other17 wise made available by this Act may be used for expenses 

18 of any construction, repair, alteration, and acquisition 

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

20 Buildings Act of 1959, has not been approved, except 

21 that necessary funds may be expended for each project 

22 for required expenses for the development of a proposed 

23 prospectus. 

24 SEC. 511. None of the funds appropriated or other25 wise made available by this Act shall be used to pursue 
40 

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1 or adopt guidelines or regulations requiring airport spon2 sors to provide to the Transportation Security Adminis3 tration without cost building construction, maintenance, 

4 utilities and expenses, or space in airport sponsor-owned 

5 buildings for services relating to aviation security: Pro6 vided, That the prohibition of funds in this section does 

7 not apply to— 

8 (1) negotiations between the agency and airport 

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

10 rates for these items; or 

11 (2) space for necessary security checkpoints. 

12 SEC. 512. None of the funds in this Act may be used 

13 in contravention of the applicable provisions of the Buy 

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

15 SEC. 513. The Secretary of Homeland Security is di16 rected to research, develop, and procure certified systems 

17 to inspect and screen air cargo on passenger aircraft at 

18 the earliest date possible: Provided, That until such tech19 nology is procured and installed, the Secretary shall take 

20 all possible actions to enhance the known shipper pro21 gram to prohibit high-risk cargo from being transported 

22 on passenger aircraft: Provided further, That the Sec23 retary shall amend Security Directives and programs in 

24 effect on the date of enactment of this Act to, at a min-
41 

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1 imum, double the percentage of cargo inspected on pas2 senger aircraft. 

3 SEC. 514. (a) ESTABLISHMENT OF CHIEF PROCURE4 MENT OFFICER.—The Homeland Security Act of 2002 is 

5 amended as follows: 

6 (1) In section 103(d) (6 U.S.C. 113(d)), by re7 designating paragraph (5) as paragraph (6) and in8 serting after paragraph (4) the following: 

9 ‘‘(5) A Chief Procurement Officer.’’. 

10 (2) By redesignating sections 705 through 706 

11 (6 U.S.C. 345–346) in order as sections 706 

12 through 707, and by inserting after section 704 the 

13 following: 

14 ‘‘SEC. 705. CHIEF PROCUREMENT OFFICER. 

15 ‘‘The Chief Procurement Officer appointed under sec16 tion 103(d)(5) shall report to the Secretary.’’. 

17 (3) In the table of contents in section 1(b), by 

18 striking the items relating to sections 705 through 

19 706 and inserting the following: 

‘‘Sec. 705. Chief Procurement Officer. 

‘‘Sec. 706. Establishment of Officer for Civil Rights and Civil Liberties. 

‘‘Sec. 707. Consolidation and co-location of offices.’’. 

20 (b) REPORTING BY CHIEF FINANCIAL OFFICER AND

21 CHIEF INFORMATION OFFICER.—Sections 702 and 703 of 

22 the Homeland Security Act of 2002 (6 U.S.C. 342, 343) 

23 are amended by striking ‘‘, or to another official of the 
42 

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1 Department, as the Secretary may direct’’ each place it 

2 appears. 

3 SEC. 515. The Commandant of the Coast Guard shall 

4 provide to the Congress each year, at the time that the 

5 President’s budget is submitted under section 1105(a) of 

6 title 31, United States Code, a list of approved but un7 funded Coast Guard priorities and the funds needed for 

8 each such priority in the same manner and with the same 

9 contents as the unfunded priorities lists submitted by the 

10 chiefs of other Armed Services. 

11 SEC. 516. (a) IN GENERAL.—Chapter 449 of title 49, 

12 United States Code, is amended by inserting after section 

13 44944 the following new section: 

14 ‘‘§ 44945. Disposition of unclaimed money 

15 ‘‘Notwithstanding section 3302 of title 31, unclaimed 

16 money recovered at any airport security checkpoint shall 

17 be retained by the Transportation Security Administration 

18 and shall remain available until expended for the purpose 

19 of providing civil aviation security as required in this chap20 ter.’’. 

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

22 the date of enactment of this Act and annually thereafter, 

23 the Administrator of the Transportation Security Admin24 istration shall transmit to the Committee on Transpor25 tation and Infrastructure of the House of Representatives, 
43 

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1 the Committee on Appropriations of the House of Rep2 resentatives, the Committee on Commerce, Science and 

3 Transportation of the Senate and the Committee on Ap4 propriations of the Senate, a report that contains a de5 tailed description of the amount of unclaimed money re6 covered in total and at each individual airport, and specifi7 cally how the unclaimed money is being used to provide 

8 civil aviation security. 

9 (c) CLERICAL AMENDMENT.—The analysis for chap10 ter 449 of title 49, United States Code, is amended by 

11 adding the following new item after the item relating to 

12 section 44944: 

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

13 SEC. 517. Notwithstanding section 3302 of title 31, 

14 United States Code, the Administrator of the Transpor15 tation Security Administration may impose a reasonable 

16 charge for the lease of real and personal property to 

17 Transportation Security Administration employees and for 

18 the lease of real and personal property for use by Trans19 portation Security Administration employees and may 

20 credit amounts received to the appropriation or fund ini21 tially charged for operating and maintaining the property, 

22 which amounts shall be available, without fiscal year limi23 tation, for expenditure for property management, oper24 ation, protection, construction, repair, alteration, and re25 lated activities. 
44 

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1 SEC. 518. The acquisition management system of the 

2 Transportation Security Administration shall apply to the 

3 acquisition of services, as well as equipment, supplies, and 

4 materials. 

5 SEC. 519. Notwithstanding any other provision of 

6 law, the authority of the Office of Personnel Management 

7 to conduct personnel security and suitability background 

8 investigations, update investigations, and periodic reinves9 tigations of applicants for, or appointees in, competitive 

10 service positions within the Department of Homeland Se11 curity is transferred to the Department of Homeland Se12 curity: Provided, That on request of the Department of 

13 Homeland Security, the Office of Personnel Management 

14 shall cooperate with and assist the Department in any in15 vestigation or reinvestigation under this section. 

16 SEC. 520. Section 312(g) of the Homeland Security 

17 Act of 2002 (6 U.S.C. 192(g)) is amended to read as fol18 lows: 

19 ‘‘(g) TERMINATION.—The Homeland Security Insti20 tute shall terminate 5 years after its establishment.’’. 

21 SEC. 521. Section 311(c)(2) of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 191(c)(2)) is amended to read 

23 as follows: 

24 ‘‘(2) ORIGINAL APPOINTMENTS.—The original 

25 members of the Advisory Committee shall be ap-
45 

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1 pointed to three classes. One class of six shall have 

2 a term of 1 year, one class of seven a term of 2 

3 years, and one class of seven a term of 3 years.’’. 

4 SEC. 522. Notwithstanding any other provision of 

5 law, funds appropriated under paragraphs (1) and (2) of 

6 the State and Local Programs heading under title III of 

7 this Act are exempt from section 6503(a) of title 31, 

8 United States Code. 

9 SEC. 523. None of the funds in this or previous Ap10 propriations Acts may be obligated for deployment or im11 plementation, on other than a test basis, of the Computer 

12 Assisted Passenger Prescreening System (CAPPS II) 

13 until the Secretary of Homeland Security has certified 

14 that the requirements of paragraphs (1) through (8) of 

15 subsection (a), and the requirements of subsection (b), of 

16 section 519 of Public Law 108–90 have been met. 

17 SEC. 524. CLARIFICATION OF PROHIBITION ON CON18 TRACTING WITH FOREIGN INCORPORATED ENTITIES.— 

19 Section 835 of the Homeland Security Act of 2002 (Public 

20 Law 107–296; 6 U.S.C. 395) is amended— 

21 (1) in subsection (a), by inserting before the pe22 riod ‘‘, or any subsidiary of such an entity’’; 

23 (2) in subsection (b)(1), by inserting ‘‘before, 

24 on, or’’ after the ‘‘completes’’; 
46 

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

2 is after the date of enactment of this Act and’’; and 

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

4 and inserting ‘‘national’’. 

5 SEC. 525. The amounts otherwise provided by this 

6 Act are revised by reducing the amount made available 

7 under title I for ‘‘OFFICE OF THE UNDER SECRETARY

8 FOR MANAGEMENT’’ and by increasing the amount made 

9 available under title III for ‘‘FIREFIGHTER ASSISTANCE

10 GRANTS’’, both by $50,000,000, and of the amounts ap11 propriated for ‘‘FIREFIGHTER ASSISTANCE GRANTS’’ 

12 $50,000,000 is available for grants under section 34 of 

13 the Federal Fire Prevention and Control Act of 1974 (15 

14 U.S.C. 2229a). 

15 SEC. 526. None of the funds made available in this 

16 Act may be used to amend the oath of allegiance required 

17 by section 337 of the Immigration and Nationality Act 

18 (8 U.S.C. 1448). 

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

20 may be used to process or approve a competition under 

21 Office of Management and Budget Circular A–76 for serv22 ices provided as of June 1, 2004, by employees (including 

23 employees serving on a temporary or term basis) of the 

24 Bureau of Citizenship and Immigration Services of the 

25 Department of Homeland Security who are known as of 
47 

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1 that date as Immigration Information Officers, Contact 

2 Representatives, or Investigative Assistants. 

3 This Act may be cited as the ‘‘Department of Home4 land Security Appropriations Act, 2005’’. 

5 That the following sums are appropriated, out of any 

6 money in the Treasury not otherwise appropriated, for the 

7 Department of Homeland Security for the fiscal year end8 ing September 30, 2005, and for other purposes, namely: 

9 TITLE I—DEPARTMENTAL MANAGEMENT AND 

10 OPERATIONS 

11 OFFICE OF THE SECRETARY AND EXECUTIVE

12 MANAGEMENT

13 For necessary expenses of the Office of the Secretary 

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

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

16 executive management of the Department of Homeland Se17 curity, as authorized by law, $82,206,000: Provided, That 

18 not to exceed $50,000 shall be available for allocation with19 in the Department for official reception and representation 

20 expenses as the Secretary may determine. 

21 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

22 For necessary expenses of the Office of the Under Sec23 retary for Management, as authorized by sections 701–705 

24 of the Homeland Security Act of 2002 (6 U.S.C. 341–345), 

25 $245,579,000: Provided, That of the total amount provided, 
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1 $65,081,000 shall remain available until expended solely for 

2 the alteration and improvement of facilities and for reloca3 tion costs to consolidate the Department’s headquarters’ op4 erations. 

5 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

6 For development and acquisition of information tech7 nology equipment, software, services, and related activities 

8 for the Department of Homeland Security, and for the costs 

9 of conversion to narrowband communications, including the 

10 cost for operation of the land mobile radio legacy systems, 

11 $222,000,000, to remain available until expended. 

12 OFFICE OF INSPECTOR GENERAL

13 OPERATING EXPENSES

14 For necessary expenses of the Office of Inspector Gen15 eral in carrying out the provisions of the Inspector General 

16 Act of 1978 (5 U.S.C. App.), $82,317,000, of which not to 

17 exceed $100,000 may be used for certain confidential oper18 ational expenses, including the payment of informants, to 

19 be expended at the direction of the Inspector General. 
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1 TITLE II—SECURITY, ENFORCEMENT, AND 

2 INVESTIGATIONS 

3 BORDER AND TRANSPORTATION SECURITY 

4 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

5 TRANSPORTATION SECURITY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Under Sec8 retary for Border and Transportation Security, as author9 ized by subtitle A of title IV of the Homeland Security Act 

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

11 UNITED STATES VISITOR AND IMMIGRANT STATUS

12 INDICATOR TECHNOLOGY

13 For necessary expenses for the development of the 

14 United States Visitor and Immigrant Status Indicator 

15 Technology project, as authorized by section 110 of the Ille16 gal Immigration Reform and Immigrant Responsibility Act 

17 of 1996 (8 U.S.C. 1221 note), $340,000,000, to remain 

18 available until expended. 

19 CUSTOMS AND BORDER PROTECTION

20 SALARIES AND EXPENSES

21 For necessary expenses for enforcement of laws relating 

22 to border security, immigration, customs, and agricultural 

23 inspections and regulatory activities related to plant and 

24 animal imports; acquisition, lease, maintenance and oper25 ation of aircraft; purchase and lease of up to 4,500 (3,935 

26 for replacement only) police-type vehicles; and contracting 
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1 with individuals for personal services abroad; 

2 $4,466,960,000; of which $3,000,000 shall be derived from 

3 the Harbor Maintenance Trust Fund for administrative ex4 penses related to the collection of the Harbor Maintenance 

5 Fee pursuant to section 9505(c)(3) of the Internal Revenue 

6 Code of 1986 and notwithstanding section 1511(e)(1) of the 

7 Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of 

8 which not to exceed $40,000 shall be for official reception 

9 and representation expenses; of which not to exceed 

10 $126,162,000 shall remain available until September 30, 

11 2006, for inspection and surveillance technology, and equip12 ment for the Container Security Initiative; of which such 

13 sums as become available in the Customs User Fee Account, 

14 except sums subject to section 13031(f)(3) of the Consoli15 dated Omnibus Budget Reconciliation Act of 1985 (19 

16 U.S.C. 58c(f)(3)), shall be derived from that account; of 

17 which not to exceed $150,000 shall be available for payment 

18 for rental space in connection with preclearance operations; 

19 of which not to exceed $1,000,000 shall be for awards of 

20 compensation to informants, to be accounted for solely 

21 under the certificate of the Under Secretary for Border and 

22 Transportation Security; and of which not to exceed 

23 $5,000,000 shall be available for payments or advances 

24 arising out of contractual or reimbursable agreements with 

25 State and local law enforcement agencies while engaged in 
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1 cooperative activities related to immigration: Provided, 

2 That none of the funds appropriated shall be available to 

3 compensate any employee for overtime in an annual 

4 amount in excess of $30,000, except that the Under Sec5 retary for Border and Transportation Security may exceed 

6 that amount as necessary for national security purposes 

7 and in cases of immigration emergencies: Provided further, 

8 That of the total amount provided, $12,725,000 shall be for 

9 activities to enforce laws against forced child labor in fiscal 

10 year 2005, of which not to exceed $4,000,000 shall remain 

11 available until expended: Provided further, That of the total 

12 amount provided, not less than $4,750,000 may be for the 

13 enforcement of the textile transshipment provisions pro14 vided for in chapter 5 of title III of the Customs Border 

15 Security Act of 2002 (Public Law 107–210; 116 Stat. 988 

16 et seq.). 

17 AUTOMATION MODERNIZATION

18 For expenses for customs and border protection auto19 mated systems, $449,909,000, to remain available until ex20 pended, of which not less than $321,690,000 shall be for 

21 the development of the Automated Commercial Environ22 ment: Provided, That none of the funds appropriated under 

23 this heading may be obligated for the Automated Commer24 cial Environment until the Committees on Appropriations 

25 of the Senate and the House of Representatives receive and 
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1 approve a plan for expenditure prepared by the Under Sec2 retary for Border and Transportation Security that: 

3 (1) meets the capital planning and investment 

4 control review requirements established by the Office 

5 of Management and Budget, including Circular A–11, 

6 part 3; 

7 (2) complies with the Bureau of Customs and 

8 Border Protection’s enterprise information systems 

9 architecture; 

10 (3) complies with the acquisition rules, require11 ments, guidelines, and systems acquisition manage12 ment practices of the Federal Government; 

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

14 Customs and Border Protection Investment Review 

15 Board, the Department of Homeland Security, and 

16 the Office of Management and Budget; and 

17 (5) is reviewed by the Government 

18 Accountabililty Office. 

19 CONSTRUCTION

20 For necessary expenses to plan, construct, renovate, 

21 equip, and maintain buildings and facilities necessary for 

22 the administration and enforcement of the laws relating to 

23 customs and immigration, $91,718,000, to remain available 

24 until expended. 
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1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigration 

4 and customs laws, detention and removals, and investiga5 tions; and purchase and lease of up to 2,300 (2,000 for re6 placement only) police-type vehicles, $2,413,438,000, of 

7 which not to exceed $5,000,000 shall be available until ex8 pended for conducting special operations pursuant to sec9 tion 3131 of the Customs Enforcement Act of 1986 (19 

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

11 official reception and representation expenses; of which not 

12 to exceed $1,000,000 shall be for awards of compensation 

13 to informants, to be accounted for solely under the certifi14 cate of the Under Secretary for Border and Transportation 

15 Security; of which not less than $102,000 shall be for pro16 motion of public awareness of the child pornography 

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

18 Alert; of which $5,000,000 shall be a grant for activities 

19 related to the investigations of exploited children and shall 

20 remain available until expended; and of which not to exceed 

21 $11,216,000 shall be available to fund or reimburse other 

22 Federal agencies for the costs associated with the care, 

23 maintenance, and repatriation of smuggled illegal aliens: 

24 Provided, That none of the funds appropriated shall be 

25 available to compensate any employee for overtime in an 

26 annual amount in excess of $30,000, except that the Under 
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1 Secretary for Border and Transportation Security may 

2 waive that amount as necessary for national security pur3 poses and in cases of immigration emergencies: Provided 

4 further, That of the total amount provided, $3,045,000 shall 

5 be for activities to enforce laws against forced child labor 

6 in fiscal year 2005, of which not to exceed $2,000,000 shall 

7 remain available until expended: Provided further, That of 

8 the total amount provided for, not less than $4,750,000 shall 

9 be for the enforcement of the textile transshipment provi10 sions provided for in chapter 5 of title III of the Customs 

11 Border Security Act of 2002 (Public Law 107–210; 116 

12 Stat. 988 et seq.). 

13 FEDERAL AIR MARSHALS

14 For necessary expenses of the Federal Air Marshals, 

15 $662,900,000. 

16 FEDERAL PROTECTIVE SERVICE

17 The revenues and collections of security fees credited 

18 to this account, not to exceed $478,000,000, shall be avail19 able until expended for necessary expenses related to the 

20 protection of federally owned and leased buildings and for 

21 the operations of the Federal Protective Service. 

22 AUTOMATION MODERNIZATION

23 For expenses of immigration and customs enforcement 

24 automated systems, $39,605,000, to remain available until 

25 expended. 
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1 AIR AND MARINE INTERDICTION, OPERATIONS, 

2 MAINTENANCE, AND PROCUREMENT

3 For necessary expenses for the operations, mainte4 nance, and procurement of marine vessels, aircraft, and 

5 other related equipment of the air and marine program, 

6 including operational training and mission-related travel, 

7 and rental payments for facilities occupied by the air or 

8 marine interdiction and demand reduction programs, the 

9 operations of which include the following: the interdiction 

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

11 Federal, State, and local agencies in the enforcement or ad12 ministration of laws enforced by the Bureau of Immigra13 tion and Customs Enforcement; and at the discretion of the 

14 Under Secretary for Border and Transportation Security, 

15 the provision of assistance to Federal, State, and local agen16 cies in other law enforcement and emergency humanitarian 

17 efforts, $267,535,000, to remain available until expended: 

18 Provided, That no aircraft or other related equipment, with 

19 the exception of aircraft that are one of a kind and have 

20 been identified as excess to Bureau of Immigration and 

21 Customs Enforcement requirements and aircraft that have 

22 been damaged beyond repair, shall be transferred to any 

23 other Federal agency, department, or office outside of the 

24 Department of Homeland Security during fiscal year 2005 
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1 without the prior approval of the Committees on Appro2 priations of the Senate and the House of Representatives. 

3 CONSTRUCTION

4 For necessary expenses to plan, construct, renovate, 

5 equip, and maintain buildings and facilities necessary for 

6 the administration and enforcement of the laws relating to 

7 customs and immigration, $26,179,000, to remain available 

8 until expended. 

9 TRANSPORTATION SECURITY ADMINISTRATION

10 AVIATION SECURITY

11 For necessary expenses of the Transportation Security 

12 Administration related to providing civil aviation security 

13 services pursuant to the Aviation and Transportation Secu14 rity Act (Public Law 107–71; 115 Stat. 597), 

15 $4,386,083,000, to remain available until expended, of 

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

17 and representation expenses: Provided, That of the total 

18 amount provided under this heading, not to exceed 

19 $2,076,733,000 shall be for passenger screening activities; 

20 not to exceed $1,512,460,000 shall be for baggage screening 

21 activities, of which $210,000,000 shall be available only for 

22 procurement of checked baggage explosive detection systems 

23 and $75,000,000 shall be available only for installation of 

24 checked baggage explosive detection systems; and not to ex25 ceed $796,890,000 shall be for airport security direction 

26 and enforcement presence, of which $217,890,000 shall be 
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1 available for airport information technology: Provided fur2 ther, That security service fees authorized under section 

3 44940 of title 49, United States Code, shall be credited to 

4 this appropriation as offsetting collections: Provided fur5 ther, That, except as provided in the following proviso, the 

6 sum herein appropriated from the General Fund shall be 

7 reduced on a dollar-for-dollar basis as such offsetting collec8 tions are received during fiscal year 2005, so as to result 

9 in a final fiscal year appropriation from the General Fund 

10 estimated at not more than $2,563,083,000: Provided fur11 ther, That the Government Accountability Office shall re12 view, using a methodology deemed appropriate by the 

13 Comptroller General, the calendar year 2000 cost informa14 tion for screening passengers and property pursuant to sec15 tion 44940(a)(2) of title 49, United States Code, of air car16 riers and foreign air carriers engaged in air transportation 

17 and intrastate air transportation and report the informa18 tion within six months of enactment of the Act but no ear19 lier than March 31, 2005, to the Committees on Appropria20 tions of the Senate and House of Representatives and Com21 mittee on Commerce, Science, and Transportation: Pro22 vided further, That the Comptroller General, or any of the 

23 Comptroller General’s duly authorized representatives, shall 

24 have access, for the purpose of reviewing such cost informa25 tion, to the personnel and to the books; accounts; documents; 
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1 papers; records (including electronic records); and auto2 mated data and files of such air carriers, airport authori3 ties, and their contractors; that the Comptroller General 

4 deems relevant for purposes of reviewing the information 

5 sought pursuant to the provisions of the preceding proviso: 

6 Provided further, That the Comptroller General may obtain 

7 and duplicate any such records, documents, working pa8 pers, automated data and files, or other information rel9 evant to such reviews without cost to the Comptroller Gen10 eral and the Comptroller General’s right of access to such 

11 information shall be enforceable pursuant to section 716(c) 

12 of title 31, United States Code: Provided further, That the 

13 Comptroller General shall maintain the same level of con14 fidentiality for information made available under the pre15 ceding provisos as that required under section 716(e) of title 

16 31, United States Code: Provided further, That upon the 

17 request of the Comptroller General, the Secretary of the De18 partment of Homeland Security shall transfer to the Gov19 ernment Accountability Office from appropriations avail20 able for administration expenses of the Transportation Se21 curity Administration, the amount requested by the Comp22 troller General, not to exceed $5,000,000, to cover the full 

23 costs of any review and report of the calendar year 2000 

24 cost information conducted by the Comptroller General, 

25 with 15 days advance notice by the Transportation Secu-
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1 rity Administration to the Committees on Appropriations 

2 of the Senate and House of Representatives: Provided fur3 ther, That the Comptroller General shall credit funds trans4 ferred under the authority of the preceding proviso to the 

5 account established for salaries and expenses of the Govern6 ment Accountability Office, and such amount shall be avail7 able upon receipt and without fiscal year limitation to 

8 cover the full costs of the review and report: Provided fur9 ther, That any funds transferred and credited under the au10 thority of the preceding provisos that are not needed for 

11 the Comptroller General’s performance of such review and 

12 report shall be returned to the Department of Homeland 

13 Security and credited to the appropriation from which 

14 transferred: Provided further, That beginning with amounts 

15 due in calendar year 2005, if the result of this review is 

16 that an air carrier or foreign air carrier has not paid the 

17 appropriate fee to the Transportation Security Administra18 tion pursuant to section 44940(a)(2) of title 49 United 

19 States Code, the Secretary of Homeland Security shall un20 dertake all necessary actions to ensure that such amounts 

21 are collected: Provided further, That such collections re22 ceived during fiscal year 2005 shall be credited to this ap23 propriation as offsetting collections and shall be available 

24 only for security modifications at commercial airports: Pro25 vided further, That if the Secretary exercises his discretion 
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1 to set the fee under 44940(a)(2) of title 49 United States 

2 Code, such determination shall not be subject to judicial re3 view: Provided further, That any security service fees col4 lected pursuant to section 44940 of title 49 note, United 

5 States Code, in excess of the amount appropriated under 

6 this heading shall be treated as offsetting collections in fiscal 

7 year 2006. 

8 MARITIME AND LAND SECURITY

9 For necessary expenses of the Transportation Security 

10 Administration related to maritime and land transpor11 tation security grants and services pursuant to the Aviation 

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

13 Stat. 597), $44,000,000: Provided, That not to exceed 

14 $53,000,000 may be provided for transportation worker 

15 identification credentialing and $2,000,000 for tracking 

16 trucks carrying hazardous material. 

17 In addition, fees authorized by section 520 of Public 

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

19 shall be available until expended: Provided, That in fiscal 

20 year 2005, fee collections shall be used for initial adminis21 trative costs of credentialing activities. 

22 INTELLIGENCE

23 For necessary expenses for intelligence activities pur24 suant to the Aviation and Transportation Security Act 

25 (Public Law 107–71; 115 Stat. 597), $14,000,000. 
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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses for research and development 

3 related to transportation security, $181,000,000, to remain 

4 available until expended: Provided, That of the total 

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

6 available for the research and development of explosive de7 tection devices. 

8 ADMINISTRATION

9 For necessary administrative expenses of the Trans10 portation Security Administration to carry out the Avia11 tion and Transportation Security Act (Public Law 107– 

12 71; 115 Stat. 597), $534,852,000. 

13 UNITED STATES COAST GUARD

14 OPERATING EXPENSES

15 For necessary expenses for the operation and mainte16 nance of the Coast Guard not otherwise provided for, pur17 chase or lease of not to exceed 25 passenger motor vehicles 

18 for replacement only; payments pursuant to section 156 of 

19 Public Law 97–377 (42 U.S.C. 402 note), section 229(b) 

20 of the Social Security Act (42 U.S.C. 429(b)), and recre21 ation and welfare, $5,153,220,000, of which $1,090,000,000 

22 shall be for defense-related activities; of which $24,500,000 

23 shall be derived from the Oil Spill Liability Trust Fund; 

24 and of which not to exceed $3,000 shall be for official recep25 tion and representation expenses: Provided, That none of 

26 the funds appropriated by this or any other Act shall be 
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1 available for administrative expenses in connection with 

2 shipping commissioners in the United States: Provided fur3 ther, That none of the funds provided by this Act shall be 

4 available for expenses incurred for yacht documentation 

5 under section 12109 of title 46, United States Code, except 

6 to the extent fees are collected from yacht owners and cred7 ited to this appropriation: Provided further, That notwith8 standing section 1116(c) of title 10, United States Code, 

9 amounts made available under this heading may be used 

10 to make payments into the Department of Defense Medi11 care-Eligible Retiree Health Care Fund for fiscal year 2005 

12 under section 1116(a) of such title: Provided further, That 

13 not later than 90 days after the date of the enactment of 

14 this Act, the Secretary of Homeland Security shall submit 

15 to the Committees on Appropriations of the Senate and the 

16 House of Representatives, the Committee on Commerce, 

17 Science, and Transportation of the Senate, the Committee 

18 on Energy and Commerce of the House of Representatives, 

19 and the Committee on Transportation and Infrastructure 

20 of the House of Representatives, a report on opportunities 

21 for integrating the process by which the Coast Guard issues 

22 letters of recommendation for proposed liquefied natural gas 

23 marine terminals, including the elements of such process 

24 relating to vessel transit, facility security assessment and 

25 facility security plans under the Maritime Transportation 
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1 Security Act, and the process by which the Federal Energy 

2 Regulatory Commission issues permits for such terminals 

3 under the National Environmental Policy Act: Provided 

4 further, That the report shall include an examination of 

5 the advisability of requiring that activities of the Coast 

6 Guard relating to vessel transit, facility security assessment 

7 and facility security plans under the Maritime Transpor8 tation Security Act be completed for a proposed liquefied 

9 natural gas marine terminal before a final environmental 

10 impact statement for such terminal is published under the 

11 Federal Energy Regulatory Commission process. 

12 ENVIRONMENTAL COMPLIANCE AND RESTORATION

13 For necessary expenses to carry out the Coast Guard’s 

14 environmental compliance and restoration functions under 

15 chapter 19 of title 14, United States Code, $17,000,000, to 

16 remain available until expended. 

17 RESERVE TRAINING

18 For necessary expenses of the Coast Guard Reserve, as 

19 authorized by law; operations and maintenance of the re20 serve program, personnel and training costs, equipment, 

21 and services, $117,000,000. 

22 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

23 For necessary expenses of acquisition, construction, 

24 renovation, and improvement of aids to navigation, shore 

25 facilities, vessels, and aircraft, including equipment related 

26 thereto; and maintenance, rehabilitation, lease and oper-
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1 ation of facilities and equipment, as authorized by law, 

2 $1,062,550,000, of which $20,000,000 shall be derived from 

3 the Oil Spill Liability Trust Fund; of which $19,750,000 

4 shall be available until September 30, 2009, to acquire, re5 pair, renovate, or improve vessels, small boats, and related 

6 equipment; of which $3,800,000 shall be available until 

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

8 which $185,000,000 shall be available until September 30, 

9 2007, for other equipment; of which $5,000,000 shall be 

10 available until September 30, 2007, for shore facilities and 

11 aids to navigation facilities; of which $73,000,000 shall be 

12 available for personnel compensation and benefits and re13 lated costs; of which $776,000,000 shall be available until 

14 September 30, 2009, for the Integrated Deepwater Systems 

15 program: Provided, That the Commandant of the Coast 

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

17 sale or lease, and the proceeds shall be credited to this ap18 propriation as offsetting collections and shall be available 

19 until September 30, 2007, only for Rescue 21: Provided fur20 ther, That the budget for fiscal year 2006 that is submitted 

21 under section 1105(a) of title 31, United States Code, may 

22 include an amount for the Coast Guard that is sufficient 

23 to fund delivery of a long-term maritime patrol aircraft 

24 capability that is consistent with the original procurement 
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1 plan for the CN–235 aircraft beyond the three aircraft al2 ready funded in previous fiscal years. 

3 ALTERATION OF BRIDGES

4 For necessary expenses for alteration or removal of ob5 structive bridges, $15,400,000, to remain available until ex6 pended. 

7 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

8 For necessary expenses for applied scientific research, 

9 development, test, and evaluation, and for maintenance, re10 habilitation, lease and operation of facilities and equip11 ment, as authorized by law, $18,500,000, to remain avail12 able until expended, of which $2,000,000 shall be derived 

13 from the Oil Spill Liability Trust Fund: Provided, That 

14 there may be credited to and used for the purposes of this 

15 appropriation funds received from State and local govern16 ments, other public authorities, private sources, and foreign 

17 countries, for expenses incurred for research, development, 

18 testing, and evaluation. 

19 RETIRED PAY

20 For retired pay, including the payment of obligations 

21 otherwise chargeable to lapsed appropriations for this pur22 pose, payments under the Retired Serviceman’s Family 

23 Protection and Survivor Benefits Plans, payment for career 

24 status bonuses under the National Defense Authorization 

25 Act, and payments for medical care of retired personnel and 
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1 their dependents under chapter 55 of title 10, United States 

2 Code, $1,085,460,000. 

3 UNITED STATES SECRET SERVICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the United States Secret 

6 Service, including purchase of not to exceed 610 vehicles 

7 for police-type use, which shall be for replacement only, and 

8 hire of passenger motor vehicles; purchase of American9 made sidecar compatible motorcycles; hire of aircraft; serv10 ices of expert witnesses at such rates as may be determined 

11 by the Director; rental of buildings in the District of Colum12 bia, and fencing, lighting, guard booths, and other facilities 

13 on private or other property not in Government ownership 

14 or control, as may be necessary to perform protective func15 tions; payment of per diem or subsistence allowances to em16 ployees where a protective assignment during the actual day 

17 or days of the visit of a protectee require an employee to 

18 work 16 hours per day or to remain overnight at his or 

19 her post of duty; conduct of and participation in firearms 

20 matches; presentation of awards; travel of Secret Service 

21 employees on protective missions without regard to the limi22 tations on such expenditures in this or any other Act if 

23 approval is obtained in advance from the Committees on 

24 Appropriations of the Senate and the House of Representa25 tives; research and development; grants to conduct behav-
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1 ioral research in support of protective research and oper2 ations; and payment in advance for commercial accom3 modations as may be necessary to perform protective func4 tions, $1,159,125,000, of which not to exceed $25,000 shall 

5 be for official reception and representation expenses; of 

6 which not to exceed $100,000 shall be to provide technical 

7 assistance and equipment to foreign law enforcement orga8 nizations in counterfeit investigations; of which $2,100,000 

9 shall be for forensic and related support of investigations 

10 of missing and exploited children: Provided, That up to 

11 $18,000,000 provided for protective travel shall remain 

12 available until September 30, 2006: Provided further, That 

13 the United States Secret Service is authorized to obligate 

14 funds in anticipation of reimbursements from agencies and 

15 entities, as defined in section 105 of title 5, United States 

16 Code, receiving training sponsored by the James J. Rowley 

17 Training Center, except that total obligations at the end 

18 of the fiscal year shall not exceed total budgetary resources 

19 available under this heading at the end of the fiscal year. 

20 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

21 RELATED EXPENSES

22 For necessary expenses for acquisition, construction, 

23 repair, alteration, and improvement of facilities, 

24 $3,633,000, to remain available until expended. 
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1 TITLE III—PREPAREDNESS AND RECOVERY 

2 OFFICE OF STATE AND LOCAL GOVERNMENT

3 COORDINATION AND PREPAREDNESS

4 MANAGEMENT AND ADMINISTRATION

5 For necessary expenses for the Office of State and 

6 Local Government Coordination and Preparedness, 

7 $25,000,000. 

8 STATE AND LOCAL PROGRAMS

9 For grants, contracts, cooperative agreements, and 

10 other activities, including grants to State and local govern11 ments for terrorism prevention activities, notwithstanding 

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

13 allocated as follows: 

14 (1) $970,000,000 for formula-based grants and 

15 $400,000,000 for law enforcement terrorism preven16 tion grants pursuant to section 1014 of the USA PA17 TRIOT ACT (42 U.S.C. 3714), of which $50,000,000 

18 shall be used for grants to identify, acquire, and 

19 transfer homeland security technology, equipment, 

20 and information to State and local law enforcement 

21 agencies: Provided, That the application for grants 

22 shall be made available to states within 45 days after 

23 enactment of this Act; that States shall submit appli24 cations within 45 days after the grant announcement; 

25 and that the Office of State and Local Government 

26 Coordination and Preparedness shall act within 15 
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1 days after receipt of an application: Provided further, 

2 That each State shall obligate not less than 80 percent 

3 of the total amount of the grant to local governments 

4 within 60 days after the grant award; and 

5 (2) $1,200,000,000 for discretionary grants for 

6 use in high-threat, high-density urban areas, as deter7 mined by the Secretary of Homeland Security: Pro8 vided, That $150,000,000 shall be for port security 

9 grants; $15,000,000 shall be for trucking industry se10 curity grants; $10,000,000 shall be for intercity bus 

11 security grants; and $150,000,000 shall be for inter12 city passenger rail transportation (as defined in sec13 tion 24102(5) of title 49, United States Code), freight 

14 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 USA 

19 PATRIOT ACT (42 U.S.C. 3714(c)(3)) shall not 

20 apply to these grants; 

21 (3) $275,081,000 for training, exercises, technical 

22 assistance, and other programs: 

23 Provided, That none of the grants provided under this head24 ing shall be used for the construction or renovation of facili25 ties: Provided further, That notwithstanding the previous 
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1 proviso, funds under this heading may be used for a minor 

2 perimeter security project, the cost of which shall not exceed 

3 $1,000,000, as deemed necessary by the Secretary of Home4 land Security: Provided further, That funds under this 

5 heading may be used to provide a reasonable stipend to 

6 part-time and volunteer first responders who are not other7 wise compensated for travel to or participation in terrorism 

8 response courses approved by the Office for Domestic Pre9 paredness, which stipend shall not be paid if such first re10 sponder is otherwise compensated by an employer for such 

11 time and shall not be considered compensation for purposes 

12 of rendering such first responder an employee under the 

13 Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.): 

14 Provided further, That grantees shall provide additional re15 ports on their use of funds, as deemed necessary by the Sec16 retary: Provided further, That not to exceed 10 percent of 

17 funds appropriated for law enforcement terrorism preven18 tion grants under paragraph (1) and discretionary grants 

19 under paragraph (2) of this heading shall be available for 

20 operational costs, to include personnel overtime and over21 time associated with Office of State and Local Government 

22 Coordination and Preparedness certified training, as need23 ed. 

24 FIREFIGHTER ASSISTANCE GRANTS

25 For necessary expenses for programs authorized by sec26 tion 33 of the Federal Fire Prevention and Control Act of 
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1 1974 (15 U.S.C. 2229), $700,000,000, to remain available 

2 until September 30, 2006: Provided, That not to exceed 5 

3 percent of this amount shall be available for program ad4 ministration. 

5 FIRE DEPARTMENT STAFFING ASSISTANCE GRANTS

6 For necessary expenses for programs authorized by sec7 tion 34 of the Federal Fire Prevention and Control Act of 

8 1974 (15 U.S.C. 2229a), to remain available until Sep9 tember 30, 2006, $100,000,000: Provided, That not to exceed 

10 5 percent of this amount shall be available for program ad11 ministration: Provided, further, That the amount appro12 priated by title I under the heading ‘‘OFFICE OF THE

13 UNDER SECRETARY FOR MANAGEMENT’’ is hereby reduced 

14 by $70,000,000, the amount appropriated by title IV under 

15 the heading ‘‘INFORMATION ANALYSIS AND INFRASTRUC16 TURE PROTECTION MANAGEMENTAND ADMINISTRATION’’ is 

17 hereby reduced by $20,000,000, and the amount appro18 priated by title IV under the heading ‘‘SCIENCE AND TECH19 NOLOGY MANAGEMENTAND ADMINISTRATION’’ is hereby re20 duced by $10,000,000. 

21 EMERGENCY MANAGEMENTPERFORMANCE 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 Robert 

25 T. Stafford Disaster Relief and Emergency Assistance Act 

26 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc-
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1 tions Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza2 tion Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Pro3 vided, That total administrative costs shall not exceed 3 

4 percent of the total appropriation. 

5 COUNTERTERRORISM FUND

6 For necessary expenses, as determined by the Secretary 

7 of Homeland Security, to reimburse any Federal agency for 

8 the costs of providing support to counter, investigate, or re9 spond to unexpected threats or acts of terrorism, including 

10 payment of rewards in connection with these activities, 

11 $10,000,000, to remain available until expended: Provided, 

12 That the Secretary shall notify the Committees on Appro13 priations of the Senate and the House of Representatives 

14 15 days prior to the obligation of any amount of these funds 

15 in accordance with section 502 of this Act. 

16 EMERGENCY PREPAREDNESS AND RESPONSE 

17 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

18 PREPAREDNESS AND RESPONSE

19 For necessary expenses for the Office of the Under Sec20 retary for Emergency Preparedness and Response, as au21 thorized by section 502 of the Homeland Security Act of 

22 2002 (6 U.S.C. 312), $4,211,000. 

23 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

24 For necessary expenses for preparedness, mitigation, 

25 response, and recovery activities of the Directorate of Emer26 gency Preparedness and Response, $231,499,000, including 
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1 activities authorized by the National Flood Insurance Act 

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

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

4 5121 et seq.), the Earthquake Hazards Reduction Act of 

5 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Prevention 

6 and Control Act of 1974 (15 U.S.C. 2201 et seq.), the De7 fense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), 

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

9 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 

10 (5 U.S.C. App.), and the Homeland Security Act of 2002 

11 (6 U.S.C. 101 et seq.): Provided, That of the total amount 

12 appropriated, $30,000,000 shall be for Urban Search and 

13 Rescue Teams, of which not to exceed 3 percent may be 

14 made available for administrative costs. 

15 ADMINISTRATIVE AND REGIONAL OPERATIONS

16 For necessary expenses for administrative and regional 

17 operations of the Emergency Preparedness and Response 

18 Directorate, $196,939,000, including activities authorized 

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

20 4001 et seq.), the Robert T. Stafford Disaster Relief and 

21 Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 

22 Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

23 7701 et seq.), the Federal Fire Prevention and Control Act 

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

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

26 303 of the National Security Act of 1947 (50 U.S.C. 404, 
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1 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 

2 and the Homeland Security Act of 2002 (6 U.S.C. 101 et 

3 seq.): Provided, That not to exceed $3,000 shall be for offi4 cial reception and representation expenses. 

5 PUBLIC HEALTH PROGRAMS

6 For necessary expenses for countering potential bio7 logical, disease, and chemical threats to civilian popu8 lations, $34,000,000. 

9 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

10 The aggregate charges assessed during fiscal year 2005, 

11 as authorized in title III of the Departments of Veterans 

12 Affairs and Housing and Urban Development, and Inde13 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

14 5196e), shall not be less than 100 percent of the amounts 

15 anticipated by the Department of Homeland Security nec16 essary for its radiological emergency preparedness program 

17 for the next fiscal year: Provided, That the methodology for 

18 assessment and collection of fees shall be fair and equitable; 

19 and shall reflect costs of providing such services, including 

20 administrative costs of collecting such fees: Provided fur21 ther, That fees received under this heading shall be deposited 

22 in this account as offsetting collections and will become 

23 available for authorized purposes on October 1, 2005, and 

24 remain available until expended. 
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1 DISASTER RELIEF

2 For necessary expenses in carrying out the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act (42 

4 U.S.C. 5121 et seq.), $2,221,000,000 to remain available 

5 until expended, of which $70,000,000 is designated by Con6 gress as an emergency requirement under section 502(c) of 

7 H. Con. Res. 95 (108th Cong.) and shall be made available 

8 for a grant to the American Red Cross for disaster relief, 

9 recovery expenditures, and emergency services in response 

10 to Tropical Storm Bonnie, Hurricane Charley, and Hurri11 cane Frances. 

12 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

13 For administrative expenses to carry out the direct 

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

15 T. Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5162), $567,000: Provided, That gross obliga17 tions for the principal amount of direct loans shall not ex18 ceed $25,000,000: Provided further, That the cost of modi19 fying such loans shall be as defined in section 502 of the 

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

21 FLOOD MAP MODERNIZATION FUND

22 For necessary expenses pursuant to section 1360 of the 

23 National Flood Insurance Act of 1968 (42 U.S.C. 4101), 

24 $200,000,000, and such additional sums as may be pro25 vided by State and local governments or other political sub26 divisions for cost-shared mapping activities under section 
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1 1360(f)(2) of such Act, to remain available until expended: 

2 Provided, That total administrative costs shall not exceed 

3 3 percent of the total appropriation. 

4 NATIONAL FLOOD INSURANCE FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For activities under the National Flood Insurance Act 

7 of 1968 (42 U.S.C. 4001 et seq.), not to exceed $33,336,000 

8 for salaries and expenses associated with flood mitigation 

9 and flood insurance operations; and not to exceed 

10 $79,257,000 for flood hazard mitigation, to remain avail11 able until September 30, 2006, including up to $20,000,000 

12 for expenses under section 1366 of the National Flood Insur13 ance Act of 1968 (42 U.S.C. 4104c), which amount shall 

14 be available for transfer to the National Flood Mitigation 

15 Fund until September 30, 2006, and which amount shall 

16 be derived from offsetting collections assessed and collected 

17 pursuant to section 1307 of that Act (42 U.S.C. 4014), and 

18 shall be retained and used for necessary expenses under this 

19 heading: Provided, That in fiscal year 2005, no funds in 

20 excess of: (1) $55,000,000 for operating expenses; (2) 

21 $562,881,000 for agents’ commissions and taxes; and (3) 

22 $30,000,000 for interest on Treasury borrowings shall be 

23 available from the National Flood Insurance Fund. 

24 MITIGATION GRANTS

25 For activities designed to reduce the risk of flood dam26 age to structures pursuant to the National Flood Insurance 
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1 Act of 1968, notwithstanding subsections (b)(3) and (f) of 

2 section 1366, and for a pre-disaster mitigation grant pro3 gram pursuant to title II of the Disaster Relief Act of 1974 

4 (42 U.S.C. 5131 et seq.), $170,000,000, of which 

5 $20,000,000 shall be derived from the National Flood Insur6 ance Fund, to remain available until September 30, 2006, 

7 and $150,000,000, to remain available until expended, for 

8 the Pre-Disaster Mitigation Fund: Provided, That grants 

9 made for pre-disaster mitigation shall be awarded on a 

10 competitive basis subject to the criteria in section 203(g) 

11 of the Disaster Relief Act of 1974 (42 U.S.C. 5133(g)), and 

12 notwithstanding section 203(f) of such Act, shall be made 

13 without reference to State allocations, quotas, or other for14 mula-based allocation of funds: Provided further, That total 

15 administrative costs for pre-disaster mitigation shall not 

16 exceed 3 percent of the total appropriation. 

17 EMERGENCY FOOD AND SHELTER

18 To carry out an emergency food and shelter program 

19 pursuant to subtitle B of title III of the Stewart B. McKin20 ney Homeless Assistance Act (42 U.S.C. 11341 et seq.), 

21 $153,000,000, to remain available until expended: Pro22 vided, That total administrative costs shall not exceed 3.5 

23 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, $140,000,000. 

6 FEDERAL LAW ENFORCEMENT TRAINING CENTER

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Law Enforce9 ment Training Center, including materials and support 

10 costs of Federal law enforcement basic training; purchase 

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

12 of passenger motor vehicles; expenses for student athletic 

13 and related activities; the conduct of and participation in 

14 firearms matches and presentation of awards; public aware15 ness and enhancement of community support of law enforce16 ment training; room and board for student interns; a flat 

17 monthly reimbursement to employees authorized to use per18 sonal cell phones for official duties; and services as author19 ized by section 3109 of title 5, United States Code; 

20 $181,440,000, of which up to $36,174,000 for materials and 

21 support costs of Federal law enforcement basic training 

22 shall remain available until September 30, 2006; and of 

23 which not to exceed $12,000 shall be for official reception 

24 and representation expenses: Provided, That the Center is 

25 authorized to obligate funds in anticipation of reimburse-
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1 ments from agencies receiving training sponsored by the 

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

3 year shall not exceed total budgetary resources available at 

4 the end of the fiscal year. 

5 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

6 RELATED EXPENSES

7 For acquisition of necessary additional real property 

8 and facilities, construction, and ongoing maintenance, fa9 cility improvements, and related expenses of the Federal 

10 Law Enforcement Training Center, $42,917,000, to remain 

11 available until expended: Provided, That the Center is au12 thorized to accept reimbursement to this appropriation 

13 from government agencies requesting the construction of 

14 special use facilities. 

15 INFORMATION ANALYSIS AND INFRASTRUCTURE

16 PROTECTION

17 MANAGEMENT AND ADMINISTRATION

18 For necessary expenses of the Directorate of Informa19 tion Analysis and Infrastructure Protection, including the 

20 immediate Office of the Under Secretary for Information 

21 Analysis and Infrastructure Protection, for management 

22 and administration of programs and activities, as author23 ized by title II of the Homeland Security Act of 2002 (6 

24 U.S.C. 121 et seq.), $157,064,000. 
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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 official 

7 reception and representation expenses: Provided, That none 

8 of the funds available under this heading shall be available 

9 for sole-source contractual agreements unless the Commit10 tees on Appropriations of the Senate and the House of Rep11 resentatives are notified 15 days in advance of such deci12 sion, or the Secretary of Homeland Security certifies to the 

13 Committee that such agreement is necessary to respond to 

14 a national emergency or prevent an impending terrorist at15 tack. 

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. 
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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 pro22 gram, project, or activity; (3) increases funds for any pro23 gram, project, or activity for which funds have been denied 

24 or restricted by the Congress; (4) proposes to use funds di25 rected for a specific activity by either the House or Senate 
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1 Committees on Appropriations for a different purpose; (5) 

2 relocates an office or employees; or (6) contracts out or 

3 privatizes any functions or activities presently performed 

4 by Federal employees, unless the Committees on Appropria5 tions of the Senate and the House of Representatives are 

6 notified 15 days in advance of such reprogramming of 

7 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 remain 

11 available for obligation or expenditure in fiscal year 2005, 

12 or provided from any accounts in the Treasury of the 

13 United States derived by the collection of fees available to 

14 the agencies funded by this Act, shall be available for obliga15 tion or expenditure for programs, projects, or activities 

16 through a reprogramming of funds in excess of $5,000,000 

17 or 10 percent, whichever is less, that: (1) augments existing 

18 programs, projects, or activities; (2) reduces by 10 percent 

19 funding for any existing program, project, or activity, or 

20 numbers of personnel by 10 percent as approved by the Con21 gress; or (3) results from any general savings from a reduc22 tion in personnel that would result in a change in existing 

23 programs, projects, or activities as approved by the Con24 gress, unless the Committees on Appropriations of the Sen-
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1 ate and the House of Representatives are notified 15 days 

2 in advance of such reprogramming of funds. 

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

4 available for the current fiscal year for the Department of 

5 Homeland Security by this Act or provided by previous ap6 propriations Acts may be transferred between such appro7 priations, but no such appropriations, except as otherwise 

8 specifically provided, shall be increased by more than 10 

9 percent by such transfers: Provided, That any transfer 

10 under this section shall be treated as a reprogramming of 

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

12 available for obligation unless the Committees on Appro13 priations of the Senate and the House of Representatives 

14 are notified 15 days in advance of such transfer. 

15 SEC. 503. Except as otherwise specifically provided by 

16 law, not to exceed 50 percent of unobligated balances re17 maining available at the end of fiscal year 2005 from ap18 propriations for salaries and expenses for fiscal year 2005 

19 in this Act shall remain available through September 30, 

20 2006, in the account and for the purposes for which the 

21 appropriations were provided: Provided, That prior to the 

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

23 Committees on Appropriations of the Senate and the House 

24 of Representatives for approval in accordance with section 

25 502 of this Act. 
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1 SEC. 504. Funds made available by this Act for intel2 ligence activities are deemed to be specifically authorized 

3 by the Congress for purposes of section 504 of the National 

4 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

5 2005 until the enactment of an Act authorizing intelligence 

6 activities for fiscal year 2005. 

7 SEC. 505. The Federal Law Enforcement Training 

8 Center shall establish an accrediting body, to include rep9 resentatives from the Federal law enforcement community 

10 and non-Federal accreditation experts involved in law en11 forcement training, to establish standards for measuring 

12 and assessing the quality and effectiveness of Federal law 

13 enforcement training programs, facilities, and instructors. 

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

15 to make a grant allocation, discretionary grant award, dis16 cretionary contract award, or to issue a letter of intent to17 taling in excess of $1,000,000 unless the Secretary of Home18 land Security notifies the Committees on Appropriations 

19 of the Senate and House of Representatives at least 3 full 

20 business days in advance: Provided, That no notification 

21 shall involve funds that are not available for obligation. 

22 SEC. 507. Notwithstanding any other provision of law, 

23 no agency shall purchase, construct, or lease any additional 

24 facilities, except within or contiguous to existing locations, 

25 to be used for the purpose of conducting Federal law enforce-
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1 ment training without the advance approval of the Commit2 tees on Appropriations of the Senate and the House of Rep3 resentatives, except that the Federal Law Enforcement 

4 Training Center is authorized to obtain the temporary use 

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

6 for training which cannot be accommodated in existing 

7 Center facilities. 

8 SEC. 508. The Director of the Federal Law Enforce9 ment Training Center (FLETC) shall schedule basic and 

10 advanced law enforcement training at all four training fa11 cilities under FLETC’s control to ensure that these training 

12 centers are operated at the highest capacity throughout the 

13 fiscal year. 

14 SEC. 509. None of the funds appropriated or otherwise 

15 made available by this Act may be used for expenses of any 

16 construction, repair, alteration, and acquisition project for 

17 which a prospectus, if required by the Public Buildings Act 

18 of 1959, has not been approved, except that necessary funds 

19 may be expended for each project for required expenses for 

20 the development of a proposed prospectus. 

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

22 made available by this Act shall be used to pursue or adopt 

23 guidelines or regulations requiring airport sponsors to pro24 vide to the Transportation Security Administration with25 out cost building construction, maintenance, utilities and 
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1 expenses, or space in airport sponsor-owned buildings for 

2 services relating to aviation security: Provided, That the 

3 prohibition of funds in this section does not apply to— 

4 (1) negotiations between the agency and airport 

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

6 rates for these items, or 

7 (2) space for necessary security checkpoints. 

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

9 in contravention of the applicable provisions of the Buy 

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

11 SEC. 512. The Secretary of Homeland Security is di12 rected to research, develop, and procure certified systems to 

13 inspect and screen air cargo on passenger aircraft at the 

14 earliest date possible: Provided, That until such technology 

15 is procured and installed, the Secretary shall take all pos16 sible actions to prohibit high-risk cargo from being trans17 ported on passenger aircraft. 

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

19 or previous appropriations Acts may be obligated for con20 tracting out a full-time equivalent position of the Depart21 ment of Homeland Security for which funds have been made 

22 available unless the Committees on Appropriations of the 

23 Senate and the House of Representatives are notified 15 

24 days in advance. 
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1 SEC. 514. (a)None of the funds provided by this or pre2 vious appropriations Acts may be obligated for deployment 

3 or implementation, on other than a test basis, of the Com4 puter Assisted Passenger Prescreening System (CAPPS II) 

5 or Secure Flight or other follow on/successor programs, that 

6 the Transportation Security Administration (TSA) plans 

7 to utilize to screen aviation passengers, until the Govern8 ment Accountability Office has reported to the Committees 

9 on Appropriations of the Senate and the House of Rep10 resentatives that— 

11 (1) a system of due process exists whereby aviation 

12 passengers determined to pose a threat are either delayed 

13 or prohibited from boarding their scheduled flights by the 

14 TSA may appeal such decision and correct erroneous infor15 mation contained in CAPPS II or Secure Flight or other 

16 follow on/successor programs; 

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

18 private data bases that will be used both to establish iden19 tity and assign a risk level to a passenger will not produce 

20 a large number of false positives that will result in a sig21 nificant number of passengers being treated mistakenly or 

22 security resources being diverted; 

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

24 the efficacy and accuracy of all search tools in 

25 CAPPS II or Secure Flight or other follow on/suc-
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1 cessor programs and has demonstrated that CAPPS 

2 II or Secure Flight or other follow on/successor pro3 grams can make an accurate predictive assessment of 

4 those passengers who may constitute a threat to avia5 tion; 

6 (4) the Secretary of Homeland Security has es7 tablished an internal oversight board to monitor the 

8 manner in which CAPPS II or Secure Flight or other 

9 follow on/successor programs are being developed and 

10 prepared; 

11 (5) the TSA has built in sufficient operational 

12 safeguards to reduce the opportunities for abuse; 

13 (6) substantial security measures are in place to 

14 protect CAPPS II or Secure Flight or other follow on/ 

15 successor programs from unauthorized access by hack16 ers or other intruders; 

17 (7) the TSA has adopted policies establishing ef18 fective oversight of the use and operation of the sys19 tem; 

20 (8) there are no specific privacy concerns with 

21 the technological architecture of the system; and 

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

23 section 44903 (i)(2)(A) of title 49, United States 

24 Code, modified CAPPS II or Secure Flight or other 

25 follow on/successor programs with respect to intra-
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1 state transportation to accommodate States with 

2 unique air transportation needs and passengers who 

3 might otherwise regularly trigger primary selectee 

4 status. 

5 (b) During the testing phase permitted by paragraph 

6 (a) of this section, no information gathered from passengers, 

7 foreign or domestic air carriers, or reservation systems may 

8 be used to screen aviation passengers, or delay or deny 

9 boarding to such passengers, except in instances where pas10 senger names are matched to a government watch list. 

11 (c) The Government Accountability Office shall submit 

12 the report required under paragraph (a) of this section no 

13 later than February 15, 2005. 

14 SEC. 515. Notwithstanding any other provisions of this 

15 Act, none of the funds appropriated by this Act may be 

16 used to make an award, pursuant to a competition under 

17 Office of Management and Budget Circular A–76, to a 

18 source for the performance of services that were provided 

19 as of June 1, 2004, by employees (including employees serv20 ing on a temporary or term basis) of the Bureau of Citizen21 ship and Immigration Services of the Department of Home22 land Security known as of that date as Immigration Infor23 mation Officers, Contact Representatives, or Investigative 

24 Assistants unless— 
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1 (1) the Secretary of Homeland Security submits 

2 to Congress, not later than 60 days before making 

3 such award, a report that describes— 

4 (A) the performance requirements for the 

5 services; 

6 (B) the estimated savings to be derived from 

7 the performance of such services by that source; 

8 (C) the actions that are to be taken to effec9 tuate the transition to performance either by 

10 Federal Government employees under the appli11 cable most efficient organization plan or by a 

12 contractor, as the case may be; and 

13 (D) the strategy for mitigating the adverse 

14 effects of such award, if any, on Federal Govern15 ment employees; and 

16 (2) the making of the award to that source will 

17 not result in the closure of an immigration informa18 tion service center that was in operation on June 1, 

19 2004. 

20 This section shall take effect one day after the date of 

21 the bill’s enactment. 

22 SEC. 516. None of the funds made available in this 

23 Act may be used to amend the oath of allegiance required 

24 by section 337 of the Immigration and Nationality Act (8 

25 U.S.C. 1448). 
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1 SEC. 517. INVESTIGATION OF SHOCKOE CREEK DRAIN

2 FIELD, RICHMOND, VIRGINIA, as soon as practicable after 

3 the date of enactment of this Act, the Director of the Federal 

4 Emergency Management Agency shall conduct an investiga5 tion of the Shockoe Creek drain field in Richmond, Vir6 ginia, to determine means of preventing future damage in 

7 that area from floods and other natural disasters. 

8 SEC. 518. (a) The total amount appropriated by title 

9 II for the Office of the Under Secretary for Border and 

10 Transportation Security under the heading ‘‘AIR AND MA11 RINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PRO12 CUREMENT’’ is hereby increased by $200,000,000. Of such 

13 total amount, as so increased, $200,000,000 shall be avail14 able for the establishment and operation of air bases in the 

15 States of Michigan, Montana, New York, North Dakota, and 

16 Washington. 

17 (b) The total amount appropriated under the heading 

18 ‘‘IMMIGRATION AND CUSTOMS ENFORCEMENT, FEDERAL AIR

19 MARSHALS’’ is hereby increased by $50,000,000. Of such 

20 total amount, as so increased, $50,000,000 is for the contin21 ued operations of the Federal Air Marshals program. 

22 (c) The total amount appropriated under the heading 

23 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

24 AND PREPAREDNESS, STATE AND LOCAL PROGRAMS’’ is 

25 hereby increased by $50,000,000. Of such total amount, as 
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1 so increased, $50,000,000 is for discretionary assistance to 

2 non-profit organizations (as defined under section 501 

3 (c)(3) of the Internal Revenue Code of 1986) determined by 

4 the Secretary of Homeland Security to be at high-risk of 

5 international terrorist attacks. 

6 (d) The total amount appropriated under the heading 

7 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

8 AND PREPAREDNESS, FIREFIGHTER ASSISTANCE GRANTS’’ 

9 is hereby increased by $50,000,000. Of such total amount, 

10 as so increased, $50,000,000 is for the program authorized 

11 by section 33 of the Federal Fire Prevention and Control 

12 Act of 1974 (15 U.S.C. 2229). 

13 (e) The total amount appropriated under the heading 

14 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

15 AND PREPAREDNESS, EMERGENCY MANAGEMENTPERFORM16 ANCE GRANTS’’ is hereby increased by $20,000,000. Of such 

17 total amount, as so increased, $20,000,000 is for emergency 

18 management performance grants. 

19 (f) Section 13031(j)(3) of the Consolidated Omnibus 

20 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is 

21 amended by striking ‘‘March 1, 2005’’ and inserting ‘‘June 

22 1, 2005’’. 

23 SEC. 519. (a) The total amount appropriated under 

24 the heading ‘‘CUSTOMS AND BORDER PROTECTION, SALA25 RIES AND EXPENSES’’ is hereby increased by $150,000,000. 
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1 Of such total amount, as so increased, $50,000,000 is pro2 vided for radiation detection devices, $50,000,000 is pro3 vided for additional border inspectors, and $50,000,000 is 

4 provided for additional border patrol agents. 

5 (b) The total amount appropriated under the heading 

6 ‘‘IMMIGRATION AND CUSTOMS ENFORCEMENT, SALARIES

7 AND EXPENSES’’ is hereby increased by $100,000,000. Of 

8 such total amount, as so increased, $50,000,000 is provided 

9 for additional investigator personnel, and $50,000,000 is 

10 provided for detention and removal bedspace and removal 

11 operations. 

12 (c) The total amount appropriated under the heading 

13 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

14 AND PREPAREDNESS, STATE AND LOCAL PROGRAMS’’ is 

15 hereby increased by $128,000,000. The total amount pro16 vided in the aforementioned heading for discretionary 

17 grants is increased by $128,000,000. Of that total amount, 

18 as so increased, the amount for rail and transit security 

19 grants is increased by $128,000,000. 

20 (d) The total amount appropriated under heading 

21 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

22 AND PREPAREDNESS, EMERGENCY MANAGEMENTPERFORM23 ANCE GRANTS’’ is hereby increased by $36,000,000. Of such 

24 total amount, as so increased, $36,000,000 is provided for 

25 emergency management performance grants. 
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1 (e) In Section 13031(j)(3) of the Consolidated Omnibus 

2 Budget Reconciliation Act of 1985 as amended by this Act, 

3 strike ‘‘June 1, 2005’’ and insert ‘‘September 30, 2005.’’ 

4 SEC. 520. Of the amount appropriated by title II for 

5 the Office of the Under Secretary for Border and Transpor6 tation Security under the heading ‘‘AIR AND MARINE INTER7 DICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT’’, 

8 $5,000,000 may be used for a pilot project to test interoper9 able communications between the first Northern Border Air 

10 Wing, Bellingham, Washington, and local law enforcement 

11 personnel. 

12 SEC. 521. (a) The Secretary of Homeland Security, in 

13 consultation with the Secretary of Transportation, shall— 

14 (1) develop and maintain an integrated strategic 

15 transportation security plan; and 

16 (2) base future budget requests on the plan. 

17 (b) The integrated strategic transportation security 

18 plan shall— 

19 (1) identify and evaluate the United States 

20 transportation assets that need to be protected; 

21 (2) set risk-based priorities for defending the as22 sets identified; 

23 (3) select the most practical and cost-effective 

24 ways of defending the assets identified; and 
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1 (4) assign transportation security roles and mis2 sions to the relevant Federal, State, regional, and 

3 local authorities and to the private sector. 

4 (c) The Secretary of Homeland Security shall submit 

5 the integrated strategic transportation security plan to 

6 Congress not later than February 1, 2005 and shall submit 

7 updated plans, including assessments of the progress made 

8 on implementation of the plan, on the first day of February 

9 each year thereafter. Any part of the plan that involves in10 formation that is properly classified under criteria estab11 lished by Executive order shall be submitted to Congress sep12 arately in classified form. 

13 SEC. 522. (a) Not later than 180 days after the end 

14 of fiscal year 2005, the Secretary of Homeland Security 

15 shall submit a report to Congress that describes the articles, 

16 materials, and supplies acquired by the Department of 

17 Homeland Security during fiscal year 2005 that were man18 ufactured outside of the United States. 

19 (b) The report submitted under subsection (a) shall 

20 separately indicate— 

21 (1) the dollar value of each of the articles, mate22 rials, and supplies acquired by the Department of 

23 Homeland Security that were manufactured outside 

24 of the United States; 
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1 (2) an itemized list of all waivers granted with 

2 respect to such articles, materials, or supplies under 

3 the Buy American Act (41 U.S.C. 10a et seq.); and 

4 (3) a summary of the total funds spent by the 

5 Department of Homeland Security on goods manufac6 tured within the United States compared with funds 

7 spent by the Department of Homeland Security on 

8 goods manufactured outside of the United States. 

9 (c) The Secretary of Homeland Security shall make 

10 the report submitted under this section publicly available 

11 to the maximum extent practicable. 

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

13 of 2002 (Public Law 107-296; 6 U.S.C. 395) is amended— 

14 (1) in subsection (a), by inserting before the pe15 riod ‘‘, or any subsidiary of such an entity’’; 

16 (2) in subsection (b)(1), by inserting ‘‘before, on, 

17 or’’ after the ‘‘completes’’; 

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

19 after the date of enactment of this Act and’’; and 

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

21 and inserting ‘‘national’’. 

22 SEC. 524. During fiscal year 2005, the Secretary of 

23 Homeland Security and the Secretary of Defense shall per24 mit the New Mexico Army National Guard to continue per25 forming vehicle and cargo inspection activities in support 
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1 of the Bureau of Customs and Border Protection and the 

2 Bureau of Immigration and Customs Enforcement under 

3 the authority of the Secretary of Defense to support 

4 counterdrug activities of law enforcement agencies. 

5 SEC. 525. (a) Not later than 3 months after the date 

6 of enactment of this Act, the Secretary of Homeland Secu7 rity shall submit a report to the Committees on Appropria8 tions of the Senate and the House of Representatives and 

9 to the Committee on Governmental Affairs and the Com10 mittee on Environment and Public Works of the Senate and 

11 the Committee on Homeland Security of the House of Rep12 resentatives on the implementation of Homeland Security 

13 Presidential Directive Seven. 

14 (b) The report under this section shall include— 

15 (1) the Department’s plan and associated 

16 timeline for the mapping of the United States critical 

17 infrastructure; 

18 (2) an assessment of the resource requirements of 

19 relevant States, counties, and local governments so 

20 that full participation by those entities may be inte21 grated into the plan; 

22 (3) the Department’s plan for oversight of all 

23 geospatial information systems management, procure24 ment, and interoperability; and 
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1 (4) the timeline for creating the Department2 wide Geospatial Information System capability under 

3 the direction of the Chief Information Officer. 

4 SEC. 526. Notwithstanding any other provision of law, 

5 the fiscal year 2004 aggregate overtime limitation pre6 scribed in subsection 5(c)(1) of the Act of February 13, 1911 

7 (19 U.S.C. 261 and 267) shall be $30,000 and the total 

8 amount appropriated by title II under the heading ‘‘CUS9 TOMS AND BORDER PROTECTION SALARIES AND EX10 PENSES’’ is hereby reduced by $1,000,000. 

11 SEC. 527. Not later than 90 days after the date of en12 actment of this Act, and every 90 days thereafter, the Sec13 retary of Homeland Security shall provide to the Committee 

14 on Commerce, Science, and Transportation and the Sub15 committee on Homeland Security of the Committee on Ap16 propriations of the Senate, a classified report on the num17 ber of individuals serving as Federal Air Marshals. Such 

18 report shall include the number of Federal Air Marshals 

19 who are women, minorities, or employees of departments 

20 or agencies of the United States Government other than the 

21 Department of Homeland Security, the percentage of do22 mestic and international flights that have a Federal Air 

23 Marshal aboard, and the rate at which individuals are leav24 ing service as Federal Air Marshals. 
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1 SEC. 528. (a) Congress finds that (1) there is a dis2 proportionate number of complaints against the Transpor3 tation Security Administration for alleged violations of 

4 equal employment opportunity and veterans preference laws 

5 as those laws apply to employment of personnel in airport 

6 screener positions in the Transportation Security Adminis7 tration, and (2) there is a significant backlog of those com8 plaints remaining unresolved. 

9 (b)(1) Not later than 180 days after the date of the 

10 enactment of this Act, the Comptroller General shall submit 

11 to Congress a report on the personnel policies of the Depart12 ment of Homeland Security that apply to the employment 

13 of airport screeners in the Transportation Security Admin14 istration, particularly with regard to compliance with 

15 equal employment opportunity and veterans preference 

16 laws. 

17 (2) The report under this subsection shall include an 

18 assessment of the extent of compliance of the Transportation 

19 Security Administration with equal employment oppor20 tunity and veterans’ preference laws as those laws apply 

21 to employment of personnel in airport screener positions 

22 in the Transportation Security Administration, a discus23 sion of any systemic problems that could have caused the 

24 circumstances giving rise to the disproportionate number 

25 of complaints described in subsection (a), and the efforts 
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1 of the Secretary of Homeland Security and the Under Sec2 retary for Border and Transportation Security to eliminate 

3 the backlog of unresolved complaints and to correct any sys4 temic problems identified in the report. 

5 (3) In conducting the review necessary for preparing 

6 the report, the Comptroller General shall examine the expe7 rience regarding the airport screener positions at particular 

8 airports in various regions, including the Louis Armstrong 

9 New Orleans International Airport. 

10 SEC. 529. No funds appropriated or otherwise made 

11 available by this Act shall be used to pursue, implement, 

12 or enforce any law, procedure, guideline, rule, regulation, 

13 or other policy that exposes the identity of an air marshal 

14 to any party not designated by the Secretary of the Depart15 ment of Homeland Security. 

16 SEC. 530. (a) The Secretary of Homeland Security, in 

17 coordination with the head of the Transportation Security 

18 Administration and the Under Secretary for Science and 

19 Technology, shall prepare a report on protecting commer20 cial aircraft from the threat of man-portable air defense sys21 tems (referred to in this section as ‘‘MANPADS’’). 

22 (b) The report required by subsection (a) shall include 

23 the following: 

24 (1) An estimate of the number of organizations, 

25 including terrorist organizations, that have access to 
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1 MANPADS and a description of the risk posed by 

2 each organization. 

3 (2) A description of the programs carried out by 

4 the Secretary of Homeland Security to protect com5 mercial aircraft from the threat posed by MANPADS. 

6 (3) An assessment of the effectiveness and feasi7 bility of the systems to protect commercial aircraft 

8 under consideration by the Under Secretary for 

9 Science and Technology for use in phase II of the 

10 counter-MANPADS development and demonstration 

11 program. 

12 (4) A justification for the schedule of the imple13 mentation of phase II of the counter-MANPADS de14 velopment and demonstration program. 

15 (5) An assessment of the effectiveness of other 

16 technology that could be employed on commercial air17 craft to address the threat posed by MANPADS, in18 cluding such technology that is— 

19 (A) either active or passive; 

20 (B) employed by the Armed Forces; or 

21 (C) being assessed or employed by other 

22 countries. 

23 (6) An assessment of alternate technological ap24 proaches to address such threat, including ground25 based systems. 
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1 (7) A discussion of issues related to any con2 tractor liability associated with the installation or use 

3 of technology or systems on commercial aircraft to ad4 dress such threat. 

5 (8) A description of the strategies that the Sec6 retary may employ to acquire any technology or sys7 tems selected for use on commercial aircraft at the 

8 conclusion of phase II of the counter-MANPADS de9 velopment and demonstration program, including— 

10 (A) a schedule for purchasing and installing 

11 such technology or systems on commercial air12 craft; and 

13 (B) a description of— 

14 (i) the priority in which commercial 

15 aircraft will be equipped with such tech16 nology or systems; 

17 (ii) any efforts to coordinate the sched18 ules for installing such technology or system 

19 with private airlines; 

20 (iii) any efforts to ensure that aircraft 

21 manufacturers integrate such technology or 

22 systems into new aircraft; and 

23 (iv) the cost to operate and support 

24 such technology or systems on a commercial 

25 aircraft. 
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1 (9) A description of the plan to expedite the use 

2 of technology or systems on commercial aircraft to ad3 dress the threat posed by MANPADS if intelligence or 

4 events indicate that the schedule for the use of such 

5 technology or systems, including the schedule for car6 rying out development and demonstration programs 

7 by the Secretary, should be expedited. 

8 (10) A description of the efforts of the Secretary 

9 to survey and identify the areas at domestic and for10 eign airports where commercial aircraft are most vul11 nerable to attack by MANPADS. 

12 (11) A description of the cooperation between the 

13 Secretary and the Administrator of the Federal Avia14 tion Administration to certify the airworthiness and 

15 safety of technology and systems to protect commer16 cial aircraft from the risk posed by MANPADS in an 

17 expeditious manner. 

18 (c) The report required by subsection (a) shall be trans19 mitted to Congress along with the budget for fiscal year 

20 2006 submitted by the President pursuant to section 

21 1105(a) of title 31, United States Code. 

22 SEC. 531. None of the funds available in this Act shall 

23 be available to maintain the United States Secret Service 

24 as anything but a distinct entity within the Department 

25 of Homeland Security and shall not be used to merge the 
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1 United States Secret Service with any other department 

2 function, cause any personnel and operational elements of 

3 the United States Secret Service to report to an individual 

4 other than the Director of the United States Secret Service, 

5 or cause the Director to report directly to any individual 

6 other than the Secretary of Homeland Security. 

7 SEC. 532. DATA-MINING REPORT. (a) DEFINITIONS.— 

8 In this section: 

9 (1) DATA-MINING.—The term ‘‘data-mining’’ 

10 means a query or search or other analysis of 1 or 

11 more electronic databases, where— 

12 (A) at least 1 of the databases was obtained 

13 from or remains under the control of a non-Fed14 eral entity, or the information was acquired ini15 tially by another department or agency of the 

16 Federal Government; 

17 (B) the search does not use a specific indi18 vidual’s personal identifiers to acquire informa19 tion concerning that individual; and 

20 (C) a department or agency of the Federal 

21 Government or a non-Federal entity acting on 

22 behalf of the Federal Government is conducting 

23 the query or search or other analysis to find a 

24 pattern indicating terrorist, criminal, or other 

25 law enforcement related activity. 
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1 (2) DATABASE.—The term ‘‘database’’ does not 

2 include telephone directories, information publicly 

3 available via the Internet or available by any other 

4 means to any member of the public without payment 

5 of a fee, or databases of judicial and administrative 

6 opinions. 

7 (b) REPORTS ON DATA-MINING ACTIVITIES.— 

8 (1) REQUIREMENTFOR REPORT.—The head of 

9 each agency in the Department of Homeland Security 

10 or the privacy officer, if applicable, that is engaged 

11 in any activity to use or develop data-mining tech12 nology shall each submit a public report to Congress 

13 on all such activities of the agency under the jurisdic14 tion of that official. 

15 (2) CONTENT OF REPORT.—A report submitted 

16 under paragraph (1) shall include, for each activity 

17 to use or develop data-mining technology that is re18 quired to be covered by the report, the following infor19 mation: 

20 (A) A thorough description of the data-min21 ing technology, the plans for the use of such tech22 nology, the data that will be used, and the target 

23 dates for the deployment of the data-mining tech24 nology. 
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1 (B) An assessment of the likely impact of 

2 the implementation of the data-mining tech3 nology on privacy and civil liberties. 

4 (C) A thorough discussion of the policies, 

5 procedures, and guidelines that are to be devel6 oped and applied in the use of such technology 

7 for data-mining in order to— 

8 (i) protect the privacy and due process 

9 rights of individuals; and 

10 (ii) ensure that only accurate informa11 tion is collected and used. 

12 (D) Any necessary classified information in 

13 an annex that shall be available to the Com14 mittee on Governmental Affairs, the Committee 

15 on the Judiciary, and the Committee on Appro16 priations of the Senate and the Committee on 

17 Homeland Security, the Committee on the Judi18 ciary, and the Committee on Appropriations of 

19 the House of Representatives. 

20 (3) TIME FOR REPORT.—Each report required 

21 under paragraph (1) shall be submitted not later than 

22 90 days after the end of fiscal year 2005. 

23 SEC. 533. (a) Of any funds previously made available 

24 to the Federal Emergency Management Agency in response 

25 to the September 11, 2001, attacks in New York City, not 
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1 less than $4,450,000 shall be provided, subject to the request 

2 of the Governor of New York, to those mental health coun3 seling service entities that have historically provided mental 

4 health counseling through Project Liberty to personnel of 

5 the New York City Police Department, the New York City 

6 Fire Department, and other emergency services agencies, to 

7 continue such counseling. 

8 SEC. 534. SENSE OF THE SENATE CONCERNING THE

9 AMERICAN RED CROSS AND CRITICAL BIOMEDICAL SYS10 TEMS. (a) FINDINGS.—The Senate finds that— 

11 (1) the blood supply is a vital public health re12 source that must be readily available at all times, 

13 particularly in response to terrorist attacks and nat14 ural disasters; 

15 (2) the provision of blood is an essential part of 

16 the critical infrastructure of the United States and 

17 must be protected from threats of terrorism; 

18 (3) disruption of the blood supply or the compro19 mising of its integrity could have wide-ranging im20 plications on the ability of the United States to react 

21 in a crisis; and 

22 (4) the need exists to ensure that blood collection 

23 facilities maintain adequate inventories to prepare 

24 for disasters at all times in all locations. 
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1 (b) SENSE OF THE SENATE.—It is the sense of the Sen2 ate that the Department of Homeland Security’s Informa3 tion Analysis and Infrastructure Protection should consult 

4 with the American Red Cross to— 

5 (1) identify critical assets and interdependencies; 

6 (2) perform vulnerability assessments; and 

7 (3) identify necessary resources to implement 

8 protective measures to ensure continuity of operations 

9 and security of information technology systems for 

10 blood and blood products. 

11 SEC. 535. It is the sense of the Senate that— 

12 (1) the Director of the Office for State and Local 

13 Government Coordination and Preparedness be given 

14 limited authority to approve requests from the senior 

15 official responsible for emergency preparedness and 

16 response in each State to reprogram funds appro17 priated for the State Homeland Security Grant Pro18 gram of the Office for State and Local Government 

19 Coordination and Preparedness to address specific se20 curity requirements that are based on credible threat 

21 assessments, particularly threats that arise after the 

22 State has submitted an application describing its in23 tended use of such grant funds; 

24 (2) for each State, the amount of funds repro25 grammed under this section should not exceed 10 per-
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1 cent of the total annual allocation for such State 

2 under the State Homeland Security Grant Program; 

3 and 

4 (3) before reprogramming funds under this sec5 tion, a State official described in paragraph (1) 

6 should consult with relevant local officials. 

7 SEC. 536. DISASTER ASSISTANCE EMPLOYEE CADRES

8 OF EMERGENCY PREPAREDNESS AND RESPONSE DIREC9 TORATE. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity is encouraged to place special emphasis on the recruit12 ment of American Indians, Alaska Natives, and Native Ha13 waiians for positions within Disaster Assistance Employee 

14 cadres maintained by the Emergency Preparedness and Re15 sponse Directorate. 

16 (b) REPORT.—The Secretary of Homeland Security 

17 shall report periodically to the Senate and the House of 

18 Representatives with respect to— 

19 (1) the representation of American Indians, 

20 Alaska Natives, and Native Hawaiians in the Dis21 aster Assistance Employee cadres; and 

22 (2) the efforts of the Secretary of Homeland Se23 curity to increase the representation of such individ24 uals in the cadres. 
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1 SEC. 537. Sections 702 and 703 of the Homeland Secu2 rity Act of 2002 (6 U.S.C. 342 and 343) are amended by 

3 striking ‘‘, or to another official of the Department, as the 

4 Secretary may direct’’ each place it appears. 

5 SEC. 538. Section 208(a) of Public Law 108–137; 117 

6 Stat. 1849 is amended by striking ‘‘current’’ and inserting 

7 ‘‘2005’’. 

8 SEC. 539. LIAISON FOR DISASTER EMERGENCIES. (a) 

9 DEPLOYMENTOF DISASTER LIAISON.—If requested by the 

10 Governor or the appropriate State agency of the affected 

11 State, the Secretary of Agriculture may deploy disaster liai12 sons to State and local Department of Agriculture Service 

13 Centers in a federally declared disaster area whenever Fed14 eral Emergency Management Agency Personnel are de15 ployed in that area, to coordinate Department programs 

16 with the appropriate disaster agencies designated under the 

17 Robert T. Stafford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5121 et seq.). 

19 (b) QUALIFICATIONS.—A disaster liaison shall be se20 lected from among Department employees who have experi21 ence providing emergency disaster relief in federally de22 clared disaster areas. 

23 (c) DUTIES.—A disaster liaison shall— 

24 (1) serve as a liaison to State and Federal 

25 Emergency Services; 
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1 (2) be deployed to a federally declared disaster 

2 area to coordinate Department interagency programs 

3 in assistance to agricultural producers in the declared 

4 disaster area; 

5 (3) facilitate the claims and applications of agri6 cultural producers who are victims of the disaster 

7 that are forwarded to the Department by the appro8 priate State Department of Agriculture agency direc9 tor; and 

10 (4) coordinate with the Director of the State of11 fice of the appropriate Department agency to assist 

12 with the application for and distribution of economic 

13 assistance. 

14 (d) DURATION OF DEPLOYMENT.—The deployment of 

15 a disaster liaison under subsection (a) may not exceed 30 

16 days. 

17 (e) DEFINITION.—In this section, the term ‘‘federally 

18 declared disaster area’’ means— 

19 (1) an area covered by a Presidential declaration 

20 of major disaster, including a disaster caused by a 

21 wildfire, issued under section 301 of the Robert T. 

22 Stafford Disaster Relief and Emergency Assistance 

23 Act (42 U.S.C. 5170); or 

24 (2) determined to be a disaster area, including 

25 a disaster caused by a wildfire, by the Secretary 
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1 under subpart A of part 1945 of title 7, Code of Fed2 eral Regulations. 

3 TITLE VI—EMERGENCY AGRICULTURAL 

4 DISASTER ASSISTANCE 

5 SEC. 601. CROP DISASTER ASSISTANCE. (a) DEFINI6 TIONS.—In this section: 

7 (1) ADDITIONAL COVERAGE.—The term ‘‘addi8 tional coverage’’ has the meaning given the term in 

9 section 502(b) of the Federal Crop Insurance Act (7 

10 U.S.C. 1502(b)). 

11 (2) INSURABLE COMMODITY.—The term ‘‘insur12 able commodity’’ means an agricultural commodity 

13 (excluding livestock) for which the producers on a 

14 farm are eligible to obtain a policy or plan of insur15 ance under the Federal Crop Insurance Act (7 U.S.C. 

16 1501 et seq.). 

17 (3) NONINSURABLE COMMODITY.—The term 

18 ‘‘noninsurable commodity’’ means an eligible crop for 

19 which the producers on a farm are eligible to obtain 

20 assistance under section 196 of the Federal Agri21 culture Improvement and Reform Act of 1996 (7 

22 U.S.C. 7333). 

23 (b) EMERGENCY FINANCIAL ASSISTANCE.—Notwith24 standing section 508(b)(7) of the Federal Crop Insurance 

25 Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (re-
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1 ferred to in this title as the ‘‘Secretary’’) shall use such sums 

2 as are necessary of funds of the Commodity Credit Corpora3 tion to make emergency financial assistance authorized 

4 under this section available to producers on a farm that 

5 have incurred qualifying crop or quality losses for the 2003 

6 or 2004 crop (as elected by a producer), but not both, due 

7 to damaging weather or related condition, as determined 

8 by the Secretary. 

9 (c) ADMINISTRATION.—The Secretary shall make as10 sistance available under this section in the same manner 

11 as provided under section 815 of the Agriculture, Rural De12 velopment, Food and Drug Administration, and Related 

13 Agencies Appropriations Act, 2001 (Public Law 106–387; 

14 114 Stat. 1549A–55), including using the same loss thresh15 olds for the quantity and quality losses as were used in ad16 ministering that section. 

17 (d) REDUCTION IN PAYMENTS.—The amount of assist18 ance that a producer would otherwise receive for a quali19 fying crop or quality loss under this section shall be reduced 

20 by the amount of assistance that the producer receives under 

21 the crop loss assistance program announced by the Sec22 retary on August 27, 2004. 

23 (e) INELIGIBILITY FOR ASSISTANCE.—Except as pro24 vided in subsection (f), the producers on a farm shall not 

25 be eligible for assistance under this section with respect to 
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1 losses to an insurable commodity or noninsurable com2 modity if the producers on the farm— 

3 (1) in the case of an insurable commodity, did 

4 not obtain a policy or plan of insurance for the in5 surable commodity under the Federal Crop Insurance 

6 Act (7 U.S.C. 1501 et seq.) for the crop incurring the 

7 losses; and 

8 (2) in the case of a noninsurable commodity, did 

9 not file the required paperwork, and pay the adminis10 trative fee by the applicable State filing deadline, for 

11 the noninsurable commodity under section 196 of the 

12 Federal Agriculture Improvement and Reform Act of 

13 1996 (7 U.S.C. 7333) for the crop incurring the 

14 losses. 

15 (f) CONTRACT WAIVER.—The Secretary may waive 

16 subsection (e) with respect to the producers on a farm if 

17 the producers enter into a contract with the Secretary under 

18 which the producers agree— 

19 (1) in the case of an insurable commodity, to ob20 tain a policy or plan of insurance under the Federal 

21 Crop Insurance Act (7 U.S.C. 1501 et seq.) providing 

22 additional coverage for the insurable commodity for 

23 each of the next 2 crops; and 

24 (2) in the case of a noninsurable commodity, to 

25 file the required paperwork and pay the administra-
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1 tive fee by the applicable State filing deadline, for the 

2 noninsurable commodity for each of the next 2 crops 

3 under section 196 of the Federal Agriculture Improve4 ment and Reform Act of 1996 (7 U.S.C. 7333). 

5 (g) EFFECTOF VIOLATION.—In the event of the viola6 tion of a contract under subsection (f) by a producer, the 

7 producer shall reimburse the Secretary for the full amount 

8 of the assistance provided to the producer under this section. 

9 SEC. 602. LIVESTOCK ASSISTANCE PROGRAM. (a) IN

10 GENERAL.—The Secretary shall use such sums as are nec11 essary of funds of the Commodity Credit Corporation to 

12 make and administer payments for livestock losses to pro13 ducers for 2003 or 2004 losses (as elected by a producer), 

14 but not both, in a county that has received an emergency 

15 designation by the President or the Secretary after January 

16 1, 2003, of which an amount determined by the Secretary 

17 shall be made available for the American Indian livestock 

18 program under section 806 of the Agriculture, Rural Devel19 opment, Food and Drug Administration, and Related Agen20 cies Appropriations Act, 2001 (Public Law 106–387; 114 

21 Stat. 1549A–51). 

22 (b) ADMINISTRATION.—The Secretary shall make as23 sistance available under this section in the same manner 

24 as provided under section 806 of the Agriculture, Rural De25 velopment, Food and Drug Administration, and Related 
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1 Agencies Appropriations Act, 2001 (Public Law 106–387; 

2 114 Stat. 1549A–51). 

3 (c) MITIGATION.—In determining the eligibility for or 

4 amount of payments for which a producer is eligible under 

5 the livestock assistance program, the Secretary shall not pe6 nalize a producer that takes actions (recognizing disaster 

7 conditions) that reduce the average number of livestock the 

8 producer owned for grazing during the production year for 

9 which assistance is being provided. 

10 SEC. 603. TREE ASSISTANCE PROGRAM. The Secretary 

11 shall use such sums as are necessary of the funds of the 

12 Commodity Credit Corporation to provide assistance under 

13 the tree assistance program established under subtitle C of 

14 title X of the Farm Security and Rural Investment Act of 

15 2002 to producers who suffered tree losses during the winter 

16 of 2003 through 2004. 

17 SEC. 604. COMMODITY CREDIT CORPORATION. The 

18 Secretary shall use the funds, facilities, and authorities of 

19 the Commodity Credit Corporation to carry out this title. 

20 SEC. 605. REGULATIONS. (a) IN GENERAL.—The Sec21 retary may promulgate such regulations as are necessary 

22 to implement this title. 

23 (b) PROCEDURE.—The promulgation of the regulations 

24 and administration of this title shall be made without re25 gard to— 
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1 (1) the notice and comment provisions of section 

2 553 of title 5, United States Code; 

3 (2) the Statement of Policy of the Secretary of 

4 Agriculture effective July 24, 1971 (36 Fed. Reg. 

5 13804), relating to notices of proposed rulemaking 

6 and public participation in rulemaking; and 

7 (3) chapter 35 of title 44, United States Code 

8 (commonly known as the ‘‘Paperwork Reduction 

9 Act’’). 

10 (c) CONGRESSIONAL REVIEW OF AGENCY RULE11 MAKING.—In carrying out this section, the Secretary shall 

12 use the authority provided under section 808 of title 5, 

13 United States Code. 

14 SEC. 606. EMERGENCY DESIGNATION. Amounts appro15 priated or otherwise made available in this title are each 

16 designated as an emergency requirement pursuant to sec17 tion 402 of S. Con. Res. 95 (108th Congress), as made ap18 plicable to the House of Representatives by H. Res. 649 

19 (108th Congress) and applicable to the Senate by section 

20 14007 of the Department of Defense Appropriations Act, 

21 2005 (Public Law 108–287; 118 Stat. 1014). 
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1 This Act may be cited as the ‘‘Department of Home2 land Security Appropriations Act, 2005’’. 

Passed the House of Representatives June 18, 2004. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate September 14, 2004. 

Attest: EMILY J. REYNOLDS, 

Secretary.