108TH CONGRESS

2D SESSION H. R. 4567

AN ACT

Making appropriations for the Department of

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

108TH CONGRESS

2D SESSION H. R. 4567

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
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1 money in the Treasury not otherwise appropriated, for the

2 Department of Homeland Security for the fiscal year end3 ing September 30, 2005, and for other purposes, namely:

4 TITLE I—DEPARTMENTAL MANAGEMENT AND

5 OPERATIONS

6 OFFICE OF THE SECRETARY AND EXECUTIVE

7 MANAGEMENT

8 For necessary expenses of the Office of the Sec9 retary of Homeland Security, as authorized by section

10 102 of the Homeland Security Act of 2002 (6 U.S.C.

11 112), and executive management of the Department of

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

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

14 reception and representation expenses.

15 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

16 For necessary expenses of the Office of the Under

17 Secretary for Management, as authorized by sections

18 701–705 of the Homeland Security Act of 2002 (6

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

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

21 $5,000 shall be for official reception and representation

22 expenses: Provided further, That of the total amount pro23 vided, $65,081,000 shall remain available until expended

24 for costs necessary to consolidate headquarters operations
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1 at the Nebraska Avenue Complex, including tenant im2 provements and relocation costs.

3 OFFICE OF THE CHIEF FINANCIAL OFFICER

4 For necessary expenses of the Office of the Chief Fi5 nancial Officer, as authorized by section 103 of the Home6 land Security Act of 2002 (6 U.S.C. 113), $13,000,000.

7 OFFICE OF THE CHIEF PROCUREMENT OFFICER

8 For necessary expenses of the Office of the Chief Pro9 curement Officer, $7,734,000.

10 OFFICE OF THE CHIEF INFORMATION OFFICER

11 For necessary expenses of the Office of the Chief In12 formation Officer, as authorized by section 103 of the

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

14 $60,139,000.

15 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

16 For development and acquisition of information

17 technology equipment, software, services, and related ac18 tivities for the Department of Homeland Security, and

19 for the costs of conversion to narrowband communica20 tions, including the cost for operation of the land mobile

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

22 until expended: Provided, That none of the funds appro23 priated shall be used to support or supplement the appro24 priations provided for the United States Visitor and Im-
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1 migrant Status Indicator Technology project or the Auto2 mated Commercial Environment.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

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

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

8 confidential operational expenses, including the payment

9 of informants, to be expended at the direction of the In10 spector General.

11 TITLE II—SECURITY, ENFORCEMENT, AND

12 INVESTIGATIONS

13 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

14 TRANSPORTATION SECURITY

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Under

17 Secretary for Border and Transportation Security, as au18 thorized by subtitle A of title IV of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 201 et seq.), $10,371,000.

20 UNITED STATES VISITOR AND IMMIGRANT STATUS

21 INDICATOR TECHNOLOGY

22 For necessary expenses for the development of the

23 United States Visitor and Immigrant Status Indicator

24 Technology project, as authorized by section 110 of the

25 Illegal Immigration Reform and Immigration Responsi26 bility Act of 1996 (8 U.S.C. 1221 note), $340,000,000,
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1 to remain available until expended: Provided, That of the

2 funds appropriated under this heading, $254,000,000

3 may not be obligated for the United States Visitor and

4 Immigrant Status Indicator Technology project until the

5 Committees on Appropriations of the Senate and the

6 House of Representatives receive and approve a plan for

7 expenditure prepared by the Secretary of Homeland Se8 curity that: (1) meets the capital planning and invest9 ment control review requirements established by the Of10 fice of Management and Budget, including Circular A–

11 11, part 3; (2) complies with the Department of Home12 land Security enterprise information systems architec13 ture; (3) complies with the acquisition rules, require14 ments, guidelines, and systems acquisition management

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

16 approved by the Department of Homeland Security and

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

19 CUSTOMS AND BORDER PROTECTION

20 SALARIES AND EXPENSES

21 For necessary expenses for enforcement of laws re22 lating to border security, immigration, customs, and agri23 cultural inspections and regulatory activities related to

24 plant and animal imports; acquisition, lease, maintenance

25 and operation of aircraft; purchase and lease of up to
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1 4,500 (3,935 for replacement only) police-type vehicles;

2 and contracting with individuals for personal services

3 abroad; $4,611,911,000 (increased by $450,000), of

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

5 Maintenance Trust Fund for administrative expenses re6 lated to the collection of the Harbor Maintenance Fee

7 pursuant to Public Law 103–182 and notwithstanding

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

9 to exceed $40,000 shall be for official reception and rep10 resentation expenses; of which not to exceed

11 $176,162,000 shall remain available until September 30,

12 2006, for inspection and surveillance technology, un13 manned aerial vehicles, and equipment for the Container

14 Security Initiative; of which such sums as become avail15 able in the Customs User Fee Account, except sums sub16 ject to section 13031(f)(3) of the Consolidated Omnibus

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

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

19 $150,000 shall be available for payment for rental space

20 in connection with preclearance operations; of which not

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

22 to informants, to be accounted for solely under the cer23 tificate of the Under Secretary for Border and Transpor24 tation Security; and of which not to exceed $5,000,000

25 shall be available for payments or advances arising out
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1 of contractual or reimbursable agreements with State and

2 local law enforcement agencies while engaged in coopera3 tive activities related to immigration: Provided, That for

4 fiscal year 2005, the aggregate overtime limitation pre5 scribed in section 5(c)(1) of the Act of February 13,

6 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not7 withstanding any other provision of law, none of the

8 funds appropriated in this Act may be available to com9 pensate any employee of U.S. Customs and Border Pro10 tection for aggregate overtime and premium pay, from

11 whatever source, in an amount that exceeds such limita12 tion, except in individual cases determined by the Under

13 Secretary for Border and Transportation Security, or a

14 designee, to be necessary for national security purposes,

15 to prevent excessive costs, or in cases of immigration

16 emergencies: Provided further, That none of the funds ap17 propriated in this Act may be obligated to construct per18 manent Border Patrol checkpoints in the U.S. Customs

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

20 That the Commissioner, U.S. Customs and Border Pro21 tection, is directed to submit to the Committees on Ap22 propriations of the Senate and the House of Representa23 tives a plan for expenditure that includes location, design,

24 costs, and benefits of each proposed Tucson sector per25 manent checkpoint: Provided further, That U.S. Customs
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1 and Border Protection shall relocate its tactical check2 points in the Tucson sector at least an average of once

3 every 14 days in a manner designed to prevent persons

4 subject to inspection from predicting the location of any

5 such checkpoint.

6 AUTOMATION MODERNIZATION

7 For expenses for customs and border protection

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

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

10 be for the development of the Automated Commercial

11 Environment: Provided, That none of the funds appro12 priated under this heading may be obligated for the

13 Automated Commercial Environment until the Commit14 tees on Appropriations of the Senate and the House of

15 Representatives receive and approve a plan for expendi16 ture prepared by the Under Secretary for Border and

17 Transportation Security that: (1) meets the capital plan18 ning and investment control review requirements estab19 lished by the Office of Management and Budget, includ20 ing Circular A–11, part 3; (2) complies with U.S. Cus21 toms and Border Protection’s enterprise information sys22 tems architecture; (3) complies with the acquisition rules,

23 requirements, guidelines, and systems acquisition man24 agement practices of the Federal Government; (4) is re25 viewed and approved by the U.S. Customs and Border

26 Protection Investment Review Board, the Department of
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1 Homeland Security, and the Office of Management and

2 Budget; and (5) is reviewed by the General Accounting

3 Office.

4 CONSTRUCTION

5 For necessary expenses to plan, construct, renovate,

6 equip, and maintain buildings and facilities necessary for

7 the administration and enforcement of laws relating to

8 customs and immigration, $91,718,000, to remain avail9 able until expended.

10 IMMIGRATION AND CUSTOMS ENFORCEMENT

11 SALARIES AND EXPENSES

12 For necessary expenses for enforcement of immigra13 tion and customs laws, detention and removals, and in14 vestigations; and purchase and lease of up to 2,300

15 (2,000 for replacement only) police-type vehicles;

16 $2,377,006,000, of which not to exceed $5,000,000 shall

17 be available until expended for conducting special oper18 ations pursuant to section 3131 of the Customs Enforce19 ment Act of 1986 (19 U.S.C. 2081); of which not to ex20 ceed $15,000 shall be for official reception and represen21 tation expenses; of which not to exceed $1,000,000 shall

22 be for awards of compensation to informants, to be ac23 counted for solely under the certificate of the Under Sec24 retary for Border and Transportation Security; of which

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

26 awareness of the child pornography tipline; of which not
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1 less than $200,000 shall be for Project Alert; and of

2 which not to exceed $16,216,000 shall be available to

3 fund or reimburse other Federal agencies for the costs

4 associated with the care, maintenance, and repatriation

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

6 funds appropriated shall be available to compensate any

7 employee for overtime in an annual amount in excess of

8 $35,000, except that the Under Secretary for Border and

9 Transportation Security may waive that amount as nec10 essary for national security purposes and in cases of im11 migration emergencies: Provided further, That of the total

12 amount provided, $3,000,000 shall be for activities to en13 force laws against forced child labor in fiscal year 2005,

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

15 until expended.

16 FEDERAL AIR MARSHALS

17 For necessary expenses of the Federal air marshals,

18 $662,900,000, to remain available until expended.

19 FEDERAL PROTECTIVE SERVICE

20 The revenues and collections of security fees credited

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

22 available until expended for necessary expenses related to

23 the protection of federally-owned and leased buildings

24 and for the operations of the Federal Protective Service.
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1 AUTOMATION MODERNIZATION

2 For expenses of immigration and customs enforce3 ment automated systems, $39,605,000, to remain avail4 able until expended: Provided, That none of the funds ap5 propriated under this heading may be obligated for

6 ATLAS until the Committees on Appropriations of the

7 Senate and the House of Representatives receive and ap8 prove a plan for expenditure prepared by the Under Sec9 retary for Border and Transportation Security that: (1)

10 meets the capital planning and investment control review

11 requirements established by the Office of Management

12 and Budget, including Circular A–11, part 3; (2) com13 plies with U.S. Immigration and Customs Enforcement’s

14 enterprise information systems architecture; (3) complies

15 with the acquisition rules, requirements, guidelines, and

16 systems acquisition management practices of the Federal

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

18 Immigration and Customs Enforcement’s Investment Re19 view Board, the Department of Homeland Security, and

20 the Office of Management and Budget; and (5) is re21 viewed by the General Accounting Office.

22 CONSTRUCTION

23 For necessary expenses to plan, construct, renovate,

24 equip, and maintain buildings and facilities necessary for

25 the administration and enforcement of the laws relating
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1 to customs and immigration, $26,179,000, to remain

2 available until expended.

3 AIR AND MARINE INTERDICTION, OPERATIONS,

4 MAINTENANCE, AND PROCUREMENT

5 For necessary expenses for the operations, mainte6 nance, and procurement of marine vessels, aircraft, and

7 other related equipment of the air and marine program,

8 including operational training and mission-related travel,

9 and rental payments for facilities occupied by the air or

10 marine interdiction and demand reduction programs, the

11 operations of which include the following: the interdiction

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

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

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

15 Border Protection or U.S. Immigration and Customs En16 forcement; and at the discretion of the Under Secretary

17 for Border and Transportation Security, the provision of

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

19 law enforcement and emergency humanitarian efforts,

20 $257,535,000, to remain available until expended: Pro21 vided, That no aircraft or other related equipment, with

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

23 been identified as excess to U.S. Immigration and Cus24 toms Enforcement requirements and aircraft that have

25 been damaged beyond repair, shall be transferred to any

26 other Federal agency, department, or office outside of the
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1 Department of Homeland Security during fiscal year

2 2005 without the prior approval of the Committees on

3 Appropriations of the Senate and the House of Rep4 resentatives.

5 TRANSPORTATION SECURITY ADMINISTRATION

6 AVIATION SECURITY

7 For necessary expenses of the Transportation Secu8 rity Administration related to providing civil aviation se9 curity services pursuant to the Aviation and Transpor10 tation Security Act (Public Law 107–71),

11 $4,270,564,000, to remain available until expended, of

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

13 and representation expenses: Provided, That of the total

14 amount provided under this heading, not to exceed

15 $2,016,814,000 shall be for passenger screening activi16 ties; not to exceed $1,406,460,000 shall be for baggage

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

18 be for airport security direction and enforcement: Pro19 vided further, That security service fees authorized under

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

21 credited to this appropriation as offsetting collections:

22 Provided further, That the sum herein appropriated from

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

24 basis as such offsetting collections are received during

25 fiscal year 2005, so as to result in a final fiscal year ap-
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1 propriation from the General Fund estimated at not more

2 than $2,447,564,000: Provided further, That any security

3 service fees collected pursuant to section 118 of Public

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

5 this heading shall be treated as offsetting collections in

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

7 funds in this Act shall be used to recruit or hire per8 sonnel into the Transportation Security Administration

9 which would cause the agency to exceed a staffing level

10 of 45,000 full-time equivalent screeners.

11 MARITIME AND LAND SECURITY

12 For necessary expenses of the Transportation Secu13 rity Administration related to maritime and land trans14 portation security grants and services pursuant to the

15 Aviation and Transportation Security Act (Public Law

16 107–71), $65,000,000, to remain available until Sep17 tember 30, 2006.

18 In addition, from fees authorized by section 520 of

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

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

21 under this heading may be used for initial administrative

22 costs of such credentialing activities.

23 INTELLIGENCE

24 For necessary expenses for intelligence activities

25 pursuant to the Aviation and Transportation Security

26 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
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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

•HR 4567 EH

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

•HR 4567 EH

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
29

•HR 4567 EH

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

•HR 4567 EH

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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•HR 4567 EH

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
32

•HR 4567 EH

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

•HR 4567 EH

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
34

•HR 4567 EH

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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•HR 4567 EH

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

•HR 4567 EH

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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•HR 4567 EH

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

•HR 4567 EH

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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•HR 4567 EH

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

•HR 4567 EH

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

•HR 4567 EH

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

•HR 4567 EH

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

•HR 4567 EH

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

•HR 4567 EH

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
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•HR 4567 EH

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’’.

Passed the House of Representatives June 18, 2004.

Attest:

Clerk.