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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4567 Enrolled Bill (ENR)]

        H.R.4567

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

  For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $85,034,000: Provided, That 
not to exceed $40,000 shall be for official reception and 
representation expenses.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701-705 of the Homeland Security 
Act of 2002 (6 U.S.C. 341-345), $151,153,000: Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount provided, 
$65,081,000 shall remain available until expended solely for the 
alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations.

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$275,270,000; of which $67,270,000 shall be available for salaries and 
expenses; and of which $208,000,000 shall be available for development 
and acquisition of information technology equipment, software, 
services, and related activities for the Department of Homeland 
Security, and for the costs of conversion to narrowband communications, 
including the cost for operation of the land mobile radio legacy 
systems, to remain available until expended: Provided, That none of the 
funds appropriated shall be used to support or supplement the 
appropriations provided for the United States Visitor and Immigrant 
Status Indicator Technology project or the Automated Commercial 
Environment.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $82,317,000, of which not to exceed $100,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   BORDER AND TRANSPORTATION SECURITY

  Office of the Under Secretary for Border and Transportation Security

                         salaries and expenses

    For necessary expenses of the Office of the Under Secretary for 
Border and Transportation Security, as authorized by subtitle A of 
title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), 
$9,617,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

     united states visitor and immigrant status indicator technology

  For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note), 
$340,000,000, to remain available until expended: Provided, That of the 
funds appropriated under this heading, $254,000,000 may not be 
obligated for the United States Visitor and Immigrant Status Indicator 
Technology project until the Committees on Appropriations of the Senate 
and the House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Security that:
        (1) meets the capital planning and investment control review 
    requirements established by the Office of Management and Budget, 
    including Circular A-11, part 7;
        (2) complies with the Department of Homeland Security 
    enterprise information systems architecture;
        (3) complies with the acquisition rules, requirements, 
    guidelines, and systems acquisition management practices of the 
    Federal Government;
        (4) is reviewed and approved by the Department of Homeland 
    Security Investment Review Board, the Secretary of Homeland 
    Security, and the Office of Management and Budget; and
        (5) is reviewed by the Government Accountability Office.

                     Customs and Border Protection

                          Salaries and Expenses

                     (including rescission of funds)

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,534,119,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $35,000 shall be for official reception and 
representation expenses; of which not less than $131,436,000 shall be 
for Air and Marine Operations; of which not to exceed $156,162,000 
shall remain available until September 30, 2006, for inspection and 
surveillance technology, unmanned aerial vehicles, and equipment for 
the Container Security Initiative; of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; of which not 
to exceed $1,000,000 shall be for awards of compensation to informants, 
to be accounted for solely under the certificate of the Under Secretary 
for Border and Transportation Security; and of which not to exceed 
$5,000,000 shall be available for payments or advances arising out of 
contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
immigration: Provided, That for fiscal year 2005, the aggregate 
overtime limitation prescribed in section 5(c)(1) of the Act of 
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
notwithstanding any other provision of law, none of the funds 
appropriated in this Act may be available to compensate any employee of 
the Bureau of Customs and Border Protection for aggregate overtime and 
premium pay, from whatever source, in an amount that exceeds such 
limitation, except in individual cases determined by the Under 
Secretary for Border and Transportation Security, or a designee, to be 
necessary for national security purposes, to prevent excessive costs, 
or in cases of immigration emergencies: Provided further, That of the 
total amount provided, $12,725,000 shall be for activities to enforce 
laws against forced child labor in fiscal year 2005, of which not to 
exceed $4,000,000 shall remain available until expended: Provided 
further, That none of the funds appropriated in this Act may be 
obligated to construct permanent Border Patrol checkpoints in the 
Bureau of Customs and Border Protection's Tucson sector: Provided 
further, That the Commissioner, Bureau of Customs and Border 
Protection, is directed to submit to the Committees on Appropriations 
of the Senate and the House of Representatives a plan for expenditure 
that includes location, design, costs, and benefits of each proposed 
Tucson sector permanent checkpoint: Provided further, That the Bureau 
of Customs and Border Protection shall relocate its tactical 
checkpoints in the Tucson sector at least an average of once every 14 
days in a manner designed to prevent persons subject to inspection from 
predicting the location of any such checkpoint.
    In addition, of the funds appropriated under this heading in 
chapter 6 of title I of Public Law 108-11 (117 Stat. 583), $63,010,000 
are rescinded.

                         Automation Modernization

    For expenses for customs and border protection automated systems, 
$449,909,000, to remain available until expended, of which not less 
than $321,690,000 shall be for the development of the Automated 
Commercial Environment: Provided, That none of the funds appropriated 
under this heading may be obligated for the Automated Commercial 
Environment until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve a plan for expenditure 
prepared by the Under Secretary for Border and Transportation Security 
that:
        (1) meets the capital planning and investment control review 
    requirements established by the Office of Management and Budget, 
    including Circular A-11, part 7;
        (2) complies with the Department of Homeland Security's 
    enterprise information systems architecture;
        (3) complies with the acquisition rules, requirements, 
    guidelines, and systems acquisition management practices of the 
    Federal Government;
        (4) is reviewed and approved by the Department of Homeland 
    Security Investment Review Board, the Secretary of Homeland 
    Security, and the Office of Management and Budget; and
        (5) is reviewed by the Government Accountability Office.

  Air and Marine Interdiction, Operations, Maintenance, and Procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, and other related equipment of 
the air and marine program, including operational training and mission-
related travel, and rental payments for facilities occupied by the air 
or marine interdiction and demand reduction programs, the operations of 
which include the following: the interdiction of narcotics and other 
goods; the provision of support to Federal, State, and local agencies 
in the enforcement or administration of laws enforced by the Department 
of Homeland Security; and at the discretion of the Under Secretary for 
Border and Transportation Security, the provision of assistance to 
Federal, State, and local agencies in other law enforcement and 
emergency humanitarian efforts, $257,535,000, to remain available until 
expended: Provided, That no aircraft or other related equipment, with 
the exception of aircraft that are one of a kind and have been 
identified as excess to Bureau of Customs and Border Protection 
requirements and aircraft that have been damaged beyond repair, shall 
be transferred to any other Federal agency, department, or office 
outside of the Department of Homeland Security during fiscal year 2005 
without the prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives.

                               Construction

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

                  Immigration and Customs Enforcement

                          Salaries and Expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 2,300 (2,000 for replacement only) police-type vehicles, 
$2,438,494,000, of which not to exceed $5,000,000 shall be available 
until expended for conducting special operations pursuant to section 
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
not to exceed $15,000 shall be for official reception and 
representation expenses; of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Under Secretary for Border and Transportation 
Security; of which not less than $102,000 shall be for promotion of 
public awareness of the child pornography tipline; of which not less 
than $203,000 shall be for Project Alert; and of which not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That none of the 
funds appropriated shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the 
Under Secretary for Border and Transportation Security may waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $3,045,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2005, of which not to exceed 
$2,000,000 shall remain available until expended.

                           Federal Air Marshals

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

                        federal protective service

  The revenues and collections of security fees credited to this 
account, not to exceed $478,000,000, shall be available until expended 
for necessary expenses related to the protection of federally-owned and 
leased buildings and for the operations of the Federal Protective 
Service.

                         automation modernization

  For expenses of immigration and customs enforcement automated 
systems, $39,605,000, to remain available until expended: Provided, 
That none of the funds appropriated under this heading may be obligated 
until the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure prepared by 
the Under Secretary for Border and Transportation Security that:
        (1) meets the capital planning and investment control review 
    requirements established by the Office of Management and Budget, 
    including Circular A-11, part 7;
        (2) complies with the Department of Homeland Security 
    enterprise information systems architecture;
        (3) complies with the acquisition rules, requirements, 
    guidelines, and systems acquisition management practices of the 
    Federal Government;
        (4) is reviewed and approved by the Department of Homeland 
    Security Investment Review Board, the Secretary of Homeland 
    Security, and the Office of Management and Budget; and
        (5) is reviewed by the Government Accountability Office.

                               construction

  For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$26,179,000, to remain available until expended.

                 Transportation Security Administration

                            Aviation Security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597), $4,323,523,000, to remain available until 
expended, of which not to exceed $3,000 shall be for official reception 
and representation expenses: Provided, That of the total amount 
provided under this heading, not to exceed $2,049,173,000 shall be for 
passenger screening activities; not to exceed $1,452,460,000 shall be 
for baggage screening activities, of which $180,000,000 shall be 
available only for procurement of checked baggage explosive detection 
systems and $45,000,000 shall be available only for installation of 
checked baggage explosive detection systems; and not to exceed 
$821,890,000 shall be for airport security direction and enforcement 
presence: Provided further, That security service fees authorized under 
section 44940 of title 49, United States Code, shall be credited to 
this appropriation as offsetting collections: Provided further, That, 
except as provided in the following proviso, the sum herein 
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2005, so as to result in a final fiscal year appropriation from 
the General Fund estimated at not more than $2,500,523,000: Provided 
further, That the Government Accountability Office shall review, using 
a methodology deemed appropriate by the Comptroller General, the 
calendar year 2000 cost information for screening passengers and 
property pursuant to section 44940(a)(2) of title 49, United States 
Code, of air carriers and foreign air carriers engaged in air 
transportation and intrastate air transportation and report the 
information within 6 months of enactment of the Act but no earlier than 
March 31, 2005, to the Committees on Appropriations of the Senate and 
House of Representatives; the House Transportation and Infrastructure 
Committee; and the Senate Committee on Commerce, Science, and 
Transportation: Provided further, That the Comptroller General, or any 
of the Comptroller General's duly authorized representatives, shall 
have access, for the purpose of reviewing such cost information, to the 
personnel and to the books; accounts; documents; papers; records 
(including electronic records); and automated data and files of such 
air carriers, airport authorities, and their contractors; that the 
Comptroller General deems relevant for purposes of reviewing the 
information sought pursuant to the provisions of the preceding proviso: 
Provided further, That the Comptroller General may obtain and duplicate 
any such records, documents, working papers, automated data and files, 
or other information relevant to such reviews without cost to the 
Comptroller General and the Comptroller General's right of access to 
such information shall be enforceable pursuant to section 716(c) of 
title 31, United States Code: Provided further, That the Comptroller 
General shall maintain the same level of confidentiality for 
information made available under the preceding provisos as that 
required under section 716(e) of title 31, United States Code: Provided 
further, That upon the request of the Comptroller General, the 
Secretary of the Department of Homeland Security shall transfer to the 
Government Accountability Office from appropriations available for 
administration expenses of the Transportation Security Administration, 
the amount requested by the Comptroller General, not to exceed 
$5,000,000, to cover the full costs of any review and report of the 
calendar year 2000 cost information conducted by the Comptroller 
General, with 15 days advance notice by the Transportation Security 
Administration to the Committees on Appropriations of the Senate and 
House of Representatives: Provided further, That the Comptroller 
General shall credit funds transferred under the authority of the 
preceding proviso to the account established for salaries and expenses 
of the Government Accountability Office, and such amount shall be 
available upon receipt and without fiscal year limitation to cover the 
full costs of the review and report: Provided further, That any funds 
transferred and credited under the authority of the preceding provisos 
that are not needed for the Comptroller General's performance of such 
review and report shall be returned to the Department of Homeland 
Security and credited to the appropriation from which transferred: 
Provided further, That beginning with amounts due in calendar year 
2005, if the result of this review is that an air carrier or foreign 
air carrier has not paid the appropriate fee to the Transportation 
Security Administration pursuant to section 44940(a)(2) of title 49 
United States Code, the Secretary of Homeland Security shall undertake 
all necessary actions to ensure that such amounts are collected: 
Provided further, That such collections received during fiscal year 
2005 shall be credited to this appropriation as offsetting collections 
and shall be available only for security modifications at commercial 
airports: Provided further, That if the Secretary exercises his 
discretion to set the fee under 44940(a)(2) of title 49 United States 
Code, such determination shall not be subject to judicial review: 
Provided further, That none of the funds in this Act shall be used to 
recruit or hire personnel into the Transportation Security 
Administration which would cause the agency to exceed a staffing level 
of 45,000 full-time equivalent screeners: Provided further, That 
notwithstanding 49 U.S.C. 44923, the government's share of the cost for 
a project under any letter of intent shall be 75 percent for any medium 
or large hub airport.

                        Maritime and Land Security

    For necessary expenses of the Transportation Security 
Administration related to maritime and land transportation security 
grants and services pursuant to the Aviation and Transportation 
Security Act (Public Law 107-71; 115 Stat. 597), $48,000,000, to remain 
available until September 30, 2006.
    In addition, fees authorized by section 520 of Public Law 108-90 
shall be credited to this appropriation and shall be available until 
expended: Provided, That in fiscal year 2005, fee collections shall be 
used for initial administrative costs of credentialing activities.

                               Intelligence

    For necessary expenses for intelligence activities pursuant to the 
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 
597), $14,000,000.

                         Research and Development

    For necessary expenses for research and development related to 
transportation security, $178,000,000, to remain available until 
expended: Provided, That of the total amount provided under this 
heading, $54,000,000 shall be available for the research and 
development of explosive detection devices.

                              administration

  For necessary expenses for administrative activities of the 
Transportation Security Administration to carry out the Aviation and 
Transportation Security Act (Public Law 107-71; 115 Stat. 597), 
$519,852,000, to remain available until September 30, 2006.

                       United States Coast Guard

                            operating expenses

  For necessary expenses for the operation and maintenance of the Coast 
Guard not otherwise provided for, purchase or lease of not to exceed 25 
passenger motor vehicles for replacement only, payments pursuant to 
section 156 of Public Law 97-377 (42 U.S.C. 402 note) and section 
229(b) of the Social Security Act (42 U.S.C. 429(b)), and recreation 
and welfare, $5,157,220,000, of which $1,204,000,000 shall be for 
defense-related activities; of which $24,500,000 shall be derived from 
the Oil Spill Liability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990; and of which not to exceed 
$3,000 shall be for official reception and representation expenses: 
Provided, That none of the funds appropriated by this or any other Act 
shall be available for administrative expenses in connection with 
shipping commissioners in the United States: Provided further, That 
none of the funds provided by this Act shall be available for expenses 
incurred for yacht documentation under section 12109 of title 46, 
United States Code, except to the extent fees are collected from yacht 
owners and credited to this appropriation: Provided further, That 
notwithstanding section 1116(c) of title 10, United States Code, 
amounts made available under this heading may be used to make payments 
into the Department of Defense Medicare-Eligible Retiree Health Care 
Fund for fiscal year 2005 under section 1116(a) of such title.

                 environmental compliance and restoration

  For necessary expenses to carry out the Coast Guard's environmental 
compliance and restoration functions under chapter 19 of title 14, 
United States Code, $17,000,000, to remain available until expended.

                             reserve training

  For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $113,000,000.

               Acquisition, Construction, and Improvements

                     (including rescission of funds)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $982,200,000, of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990; of which 
$19,750,000 shall be available until September 30, 2009, to acquire, 
repair, renovate, or improve vessels, small boats, and related 
equipment; of which $2,500,000 shall be available until September 30, 
2009, to increase aviation capability; of which $158,000,000 shall be 
available until September 30, 2007, for other equipment; of which 
$5,000,000 shall be available until September 30, 2007, for shore 
facilities and aids to navigation facilities; of which $73,000,000 
shall be available for personnel compensation and benefits and related 
costs; and of which $723,950,000 shall be available until September 30, 
2009, for the Integrated Deepwater Systems program: Provided, That the 
Commandant of the Coast Guard is authorized to dispose of surplus real 
property, by sale or lease, and the proceeds shall be credited to this 
appropriation as offsetting collections and shall be available until 
September 30, 2007, only for Rescue 21: Provided further, That the 
Secretary of Homeland Security shall submit to the Congress, in 
conjunction with the President's fiscal year 2006 budget, a new 
Deepwater baseline that identifies revised acquisition timelines for 
each asset contained in the Deepwater program; a timeline and detailed 
justification for each new asset that is determined to be necessary to 
fulfill homeland and national security functions or multi-agency 
procurements as identified by the Joint Requirements Council; a 
detailed description of the revised mission requirements and their 
corresponding impact on the Deepwater program's acquisition timeline; 
and funding levels for each asset, whether new or continuing: Provided 
further, That the Secretary shall annually submit to the Congress, at 
the time that the President's budget is submitted under section 1105(a) 
of title 31, a future-years capital investment plan for the Coast Guard 
that identifies for each capital budget line item--
        (1) the proposed appropriation included in that budget;
        (2) the total estimated cost of completion;
        (3) projected funding levels for each fiscal year for the next 
    5 fiscal years or until project completion, whichever is earlier;
        (4) an estimated completion date at the projected funding 
    levels; and
        (5) changes, if any, in the total estimated cost of completion 
    or estimated completion date from previous future-years capital 
    investment plans submitted to the Congress:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31 
for that fiscal year: Provided further, That any inconsistencies 
between the capital investment plan and proposed appropriations shall 
be identified and justified: Provided further, That consistent with the 
preceding provisos, the budget for fiscal year 2006 that is submitted 
under section 1105(a) of title 31, United States Code, shall include an 
amount for the Coast Guard that is sufficient to fund delivery of a 
long-term maritime patrol aircraft capability that is consistent with 
the original procurement plan for the CN-235 aircraft beyond the three 
aircraft already funded in previous fiscal years.
    In addition, of the funds appropriated under this heading in Public 
Law 108-90, $16,000,000 are rescinded.

                          Alteration of Bridges

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

               Research, Development, Test, and Evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation, and for maintenance, rehabilitation, 
lease and operation of facilities and equipment, as authorized by law, 
$18,500,000, to remain available until expended, of which $2,000,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990: 
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries, for 
expenses incurred for research, development, testing, and evaluation.

                               Retired Pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses under the National Defense 
Authorization Act, and payments for medical care of retired personnel 
and their dependents under chapter 55 of title 10, United States Code, 
$1,085,460,000.

                      United States Secret Service

                          salaries and expenses

  For necessary expenses of the United States Secret Service, including 
purchase of not to exceed 610 vehicles for police-type use, which shall 
be for replacement only, and hire of passenger motor vehicles; purchase 
of American-made motorcycles; hire of aircraft; services of expert 
witnesses at such rates as may be determined by the Director; rental of 
buildings in the District of Columbia, and fencing, lighting, guard 
booths, and other facilities on private or other property not in 
Government ownership or control, as may be necessary to perform 
protective functions; payment of per diem or subsistence allowances to 
employees where a protective assignment during the actual day or days 
of the visit of a protectee requires an employee to work 16 hours per 
day or to remain overnight at his or her post of duty; conduct of and 
participation in firearms matches; presentation of awards; travel of 
Secret Service employees on protective missions without regard to the 
limitations on such expenditures in this or any other Act if approval 
is obtained in advance from the Committees on Appropriations of the 
Senate and the House of Representatives; research and development; 
grants to conduct behavioral research in support of protective research 
and operations; and payment in advance for commercial accommodations as 
may be necessary to perform protective functions; $1,172,125,000, of 
which not to exceed $25,000 shall be for official reception and 
representation expenses; of which not to exceed $100,000 shall be to 
provide technical assistance and equipment to foreign law enforcement 
organizations in counterfeit investigations; of which $2,100,000 shall 
be for forensic and related support of investigations of missing and 
exploited children; and of which $5,000,000 shall be a grant for 
activities related to the investigations of exploited children and 
shall remain available until expended: Provided, That up to $18,000,000 
provided for protective travel shall remain available until September 
30, 2006: Provided further, That of the total amount appropriated, not 
less than $5,000,000 shall be available solely for the unanticipated 
costs related to security operations for National Special Security 
Events, to remain available until expended: Provided further, That the 
United States Secret Service is authorized to obligate funds in 
anticipation of reimbursements from agencies and entities, as defined 
in section 105 of title 5, United States Code, receiving training 
sponsored by the James J. Rowley Training Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year.

                            OPERATING EXPENSES

                          (RESCISSION OF FUNDS)

    Of the funds appropriated under this heading in chapter 6 of title 
I of Public Law 108-11 (117 Stat. 581), $750,279 are rescinded.

      acquisition, construction, improvements, and related expenses

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

                  TITLE III--PREPAREDNESS AND RECOVERY

   Office of State and Local Government Coordination and Preparedness

                      Management and Administration

  For necessary expenses for the Office of State and Local Government 
Coordination and Preparedness, $3,546,000: Provided, That not to exceed 
$2,000 shall be for official reception and representation expenses.

                         State and Local Programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $3,086,300,000, which shall be allocated as follows:
        (1) $1,100,000,000 for formula-based grants and $400,000,000 
    for law enforcement terrorism prevention grants pursuant to section 
    1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That the 
    application for grants shall be made available to States within 45 
    days after enactment of this Act; that States shall submit 
    applications within 45 days after the grant announcement; and that 
    the Office of State and Local Government Coordination and 
    Preparedness shall act within 15 days after receipt of an 
    application: Provided further, That each State shall obligate not 
    less than 80 percent of the total amount of the grant to local 
    governments within 60 days after the grant award.
        (2) $1,200,000,000 for discretionary grants, as determined by 
    the Secretary of Homeland Security, of which--
            (A) $885,000,000 shall be for use in high-threat, high-
        density urban areas, of which $25,000,000 shall be available 
        for assistance to organizations (as described under section 
        501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
        tax section 501(a) of such Code) as determined by the Secretary 
        of Homeland Security to be at high-risk of international 
        terrorist attack;
            (B) $150,000,000 shall be for port security grants, which 
        shall be distributed under the same terms and conditions as 
        provided for under Public Law 107-117;
            (C) $5,000,000 shall be for trucking industry security 
        grants;
            (D) $10,000,000 shall be for intercity bus security grants; 
        and
            (E) $150,000,000 shall be for intercity passenger rail 
        transportation (as defined in section 24102 of title 49, United 
        States Code), freight rail, and transit security grants:
    Provided, That no less than 80 percent of any grant under this 
    paragraph to a State shall be made available by the State to local 
    governments within 60 days after the receipt of the funds: Provided 
    further, That section 1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 
    3714(c)(3)) shall not apply to grants under this paragraph.
        (3) $50,000,000 shall be available for the establishment of a 
    technology transfer program: Provided, That of the amount made 
    available under this paragraph, $10,000,000 is available to be used 
    for commercially-available equipment testing and validation to 
    determine appropriateness for inclusion in the technology transfer 
    program.
        (4) $336,300,000 for training, exercises, technical assistance, 
    and other programs:
Provided, That, none of the grants provided under this heading shall be 
used for the construction or renovation of facilities; except for a 
minor perimeter security project, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the proceeding proviso shall not apply to grants under 
(2)(B) and (E) of this heading: Provided further, That grantees shall 
provide additional reports on their use of funds, as determined 
necessary by the Secretary of Homeland Security: Provided further, That 
funds appropriated for law enforcement terrorism prevention grants 
under paragraph (1) and discretionary grants under paragraph (2)(A) of 
this heading shall be available for operational costs, to include 
personnel overtime and overtime associated with Office of State and 
Local Government Coordination and Preparedness certified training, as 
needed: Provided further, That in accordance with the Department's 
implementation plan for Homeland Security Presidential Directive 8, the 
Office of State and Local Government Coordination and Preparedness 
shall provide State and local jurisdictions with nationally-accepted 
first responder preparedness levels no later than January 31, 2005; 
include in the fiscal year 2005 formula-based grant guidance guidelines 
for State and local jurisdictions to adopt national preparedness 
standards in fiscal year 2006; and issue final guidance on the 
implementation of the National Preparedness Goal no later than March 
31, 2005: Provided further, That the fiscal year 2005 formula-based and 
law enforcement terrorism prevention grants under paragraph (1) shall 
be allocated in the same manner as fiscal year 2004.

                      firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$715,000,000, of which $650,000,000 shall be available to carry out 
section 33 (15 U.S.C. 2229) and $65,000,000 shall be available to carry 
out section 34 (15 U.S.C. 2229a) of the Act, to remain available until 
September 30, 2006: Provided, That not to exceed 5 percent of this 
amount shall be available for program administration.

                 Emergency Management Performance Grants

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

                         Counterterrorism Fund

    For necessary expenses, as determined by the Secretary of Homeland 
Security, to reimburse any Federal agency for the costs of providing 
support to counter, investigate, or respond to unexpected threats or 
acts of terrorism, including payment of rewards in connection with 
these activities, $8,000,000, to remain available until expended: 
Provided, That the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives 15 days 
prior to the obligation of any amount of these funds in accordance with 
section 503 of this Act.

                  EMERGENCY PREPAREDNESS AND RESPONSE

 Office of the Under Secretary for Emergency Preparedness and Response

    For necessary expenses for the Office of the Under Secretary for 
Emergency Preparedness and Response, as authorized by section 502 of 
the Homeland Security Act of 2002 (6 U.S.C. 312), $4,211,000.

             Preparedness, Mitigation, Response, and Recovery

    For necessary expenses for preparedness, mitigation, response, and 
recovery activities of the Directorate of Emergency Preparedness and 
Response, $239,499,000, including activities authorized by the National 
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
et seq.), the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2201 et seq.), the Defense Production Act of 1950 (50 U.S.C. 
App. 2061 et seq.), sections 107 and 303 of the National Security Act 
of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 
U.S.C. App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.): Provided, That of the total amount appropriated, $30,000,000 
shall be for Urban Search and Rescue Teams, of which not to exceed 3 
percent may be made available for administrative costs.

                            OPERATING EXPENSES

                          (RESCISSION OF FUNDS)

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

                  Administrative and Regional Operations

    For necessary expenses for administrative and regional operations 
of the Directorate of Emergency Preparedness and Response, 
$202,939,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et 
seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, 
That not to exceed $3,000 shall be for official reception and 
representation expenses.

                          Public Health Programs

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

               Radiological Emergency Preparedness Program

    The aggregate charges assessed during fiscal year 2005, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2005, and remain 
available until expended.

                             disaster relief

  For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$2,042,380,000, to remain available until expended.

             Disaster Assistance Direct Loan Program Account

    For administrative expenses to carry out the direct loan program, 
as authorized by section 319 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5162), $567,000: Provided, That 
gross obligations for the principal amount of direct loans shall not 
exceed $25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a).

                       Flood Map Modernization Fund

    For necessary expenses pursuant to section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3 percent of 
the total appropriation.

                      National Flood Insurance Fund

                      (including transfer of funds)

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), not to exceed $33,336,000 for salaries and 
expenses associated with flood mitigation and flood insurance 
operations; and not to exceed $79,257,000 for flood hazard mitigation, 
to remain available until September 30, 2006, including up to 
$20,000,000 for expenses under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), which amount shall be 
available for transfer to the National Flood Mitigation Fund until 
September 30, 2006, and which amount shall be derived from offsetting 
collections assessed and collected pursuant to section 1307 of that Act 
(42 U.S.C. 4014), and shall be retained and used for necessary expenses 
under this heading: Provided, That in fiscal year 2005, no funds in 
excess of: (1) $55,000,000 for operating expenses; (2) $562,881,000 for 
agents' commissions and taxes; and (3) $30,000,000 for interest on 
Treasury borrowings shall be available from the National Flood 
Insurance Fund.

                      national flood mitigation fund

  Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c), $20,000,000, to remain available until 
September 30, 2006, for activities designed to reduce the risk of flood 
damage to structures pursuant to such Act, of which $20,000,000 shall 
be derived from the National Flood Insurance Fund.

                 national pre-disaster mitigation fund

  For a pre-disaster mitigation grant program pursuant to title II of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131 et seq.), $100,000,000, to remain available until expended: 
Provided, That grants made for pre-disaster mitigation shall be awarded 
on a competitive basis subject to the criteria in section 203(g) of 
such Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of 
such Act, shall be made without reference to State allocations, quotas, 
or other formula-based allocation of funds: Provided further, That 
total administrative costs shall not exceed 3 percent of the total 
appropriation.

                        emergency food and shelter

  To carry out an emergency food and shelter program pursuant to title 
III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11331 
et seq.), $153,000,000, to remain available until expended: Provided, 
That total administrative costs shall not exceed 3.5 percent of the 
total appropriation.

TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

                  Citizenship and Immigration Services

  For necessary expenses for citizenship and immigration services, 
$160,000,000.

                Federal Law Enforcement Training Center

                          Salaries and Expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; purchase of not to exceed 117 vehicles for 
police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal cell phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $177,440,000, of which up to $36,174,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2006; and of which not to 
exceed $12,000 shall be for official reception and representation 
expenses: Provided, That the Center is authorized to obligate funds in 
anticipation of reimbursements from agencies receiving training 
sponsored by the Center, except that total obligations at the end of 
the fiscal year shall not exceed total budgetary resources available at 
the end of the fiscal year.

      Acquisition, Construction, Improvements, and Related Expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $44,917,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

           Information Analysis and Infrastructure Protection

                      management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Information Analysis and Infrastructure Protection and 
for management and administration of programs and activities, as 
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.), $132,064,000: Provided, That not to exceed $5,000 shall 
be for official reception and representation expenses.

                       Assessments and Evaluations

    For necessary expenses for information analysis and infrastructure 
protection as authorized by title II of the Homeland Security Act of 
2002 (6 U.S.C. 121 et seq.), $761,644,000, to remain available until 
September 30, 2006: Provided, That the Under Secretary for Information 
Analysis and Infrastructure Protection shall submit a report at the end 
of each quarter of the fiscal year to the Committees on Appropriations 
of the Senate and the House of Representatives on each sole-source 
contractual agreement entered into through the commitment of amounts 
available from funds appropriated under this heading by this or 
previous appropriations Acts, including the amount, recipient and 
purpose of the agreement.

                         Science and Technology

                      management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Science and Technology and for management and 
administration of programs and activities, as authorized by title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), 
$68,586,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

            research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,046,864,000, to remain 
available until expended.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
  Sec. 502. Subject to the requirements of section 503 of this Act, the 
unexpended balances of prior appropriations provided for activities in 
this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either the House or 
Senate Committees on Appropriations for a different purpose; or (5) 
contracts out any functions or activities for which funds have been 
appropriated for Federal full-time equivalent positions; unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriation Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) of this section and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
     (d) Notifications pursuant to subsections (a), (b) and (c) of this 
subsection shall not be made later than June 30, except in 
extraordinary circumstances which imminently threaten the safety of 
human life or the protection of property.
    Sec. 504. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2005 from appropriations for salaries and expenses 
for fiscal year 2005 in this Act shall remain available through 
September 30, 2006, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 505. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2005 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2005.
    Sec. 506. The Federal Law Enforcement Training Center shall 
establish an accrediting body, to include representatives from the 
Federal law enforcement community and non-Federal accreditation experts 
involved in law enforcement training, to establish standards for 
measuring and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors.
    Sec. 507. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000 unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and House of Representatives at least 3 
full business days in advance: Provided, That no notification shall 
involve funds that are not available for obligation.
    Sec. 508. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 509. The Director of the Federal Law Enforcement Training 
Center (FLETC) shall schedule basic and/or advanced law enforcement 
training at all four training facilities under FLETC's control to 
ensure that these training centers are operated at the highest capacity 
throughout the fiscal year.
    Sec. 510. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus.
    Sec. 511. For fiscal year 2005 and thereafter, none of the funds 
appropriated or otherwise made available by this Act shall be used to 
pursue or adopt guidelines or regulations requiring airport sponsors to 
provide to the Transportation Security Administration without cost 
building construction, maintenance, utilities and expenses, or space in 
airport sponsor-owned buildings for services relating to aviation 
security: Provided, That the prohibition of funds in this section does 
not apply to--
        (1) negotiations between the agency and airport sponsors to 
    achieve agreement on ``below-market'' rates for these items, or
        (2) space for necessary security checkpoints.
    Sec. 512. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
  Sec. 513. The Secretary of Homeland Security is directed to research, 
develop, and procure certified systems to inspect and screen air cargo 
on passenger aircraft at the earliest date possible: Provided, That 
until such technology is procured and installed, the Secretary shall 
take all possible actions to enhance the known shipper program to 
prohibit high-risk cargo from being transported on passenger aircraft: 
Provided further, That the Secretary shall amend Security Directives 
and programs in effect on the date of enactment of this Act to, at a 
minimum, triple the percentage of cargo inspected on passenger 
aircraft.
    Sec. 514. The Commandant of the Coast Guard shall provide to the 
Congress each year, at the time that the President's budget is 
submitted under section 1105(a) of title 31, United States Code, a list 
of approved but unfunded Coast Guard priorities and the funds needed 
for each such priority in the same manner and with the same contents as 
the unfunded priorities lists submitted by the chiefs of other Armed 
Services.
    Sec. 515. (a) In General.--Chapter 449 of title 49, United States 
Code, is amended by inserting after section 44944 the following new 
section:

``Sec. 44945. Disposition of unclaimed money

    ``Notwithstanding section 3302 of title 31, unclaimed money 
recovered at any airport security checkpoint shall be retained by the 
Transportation Security Administration and shall remain available until 
expended for the purpose of providing civil aviation security as 
required in this chapter.''.
    (b) Annual Report.--Not later than 180 days after the date of 
enactment of this Act and annually thereafter, the Administrator of the 
Transportation Security Administration shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representatives; 
the Committee on Appropriations of the House of Representatives; the 
Committee on Commerce, Science and Transportation of the Senate; and 
the Committee on Appropriations of the Senate, a report that contains a 
detailed description of the amount of unclaimed money recovered in 
total and at each individual airport, and specifically how the 
unclaimed money is being used to provide civil aviation security.
    (c) Clerical Amendment.--The analysis for chapter 449 of title 49, 
United States Code, is amended by adding the following new item after 
the item relating to section 44944:
``44945. Disposition of unclaimed money.''.
    Sec. 516. Notwithstanding section 3302 of title 31, United States 
Code, the Administrator of the Transportation Security Administration 
may impose a reasonable charge for the lease of real and personal 
property to Transportation Security Administration employees and for 
use by Transportation Security Administration employees and may credit 
amounts received to the appropriation or fund initially charged for 
operating and maintaining the property, which amounts shall be 
available, without fiscal year limitation, for expenditure for property 
management, operation, protection, construction, repair, alteration, 
and related activities.
    Sec. 517. The acquisition management system of the Transportation 
Security Administration shall apply to the acquisition of services, as 
well as equipment, supplies, and materials.
    Sec. 518. Notwithstanding any other provision of law, the authority 
of the Office of Personnel Management to conduct personnel security and 
suitability background investigations, update investigations, and 
periodic reinvestigations of applicants for, or appointees in, 
positions in the Office of the Secretary and Executive Management, the 
Office of the Under Secretary of Management, the Directorate of Science 
and Technology, and the Directorate of Information Analysis and 
Infrastructure Protection of the Department of Homeland Security is 
transferred to the Department of Homeland Security: Provided, That on 
request of the Department of Homeland Security, the Office of Personnel 
Management shall cooperate with and assist the Department in any 
investigation or reinvestigation under this section.
    Sec. 519. Section 312(g) of the Homeland Security Act of 2002 (6 
U.S.C. 192(g)) is amended to read as follows:
    ``(g) Termination.--The Homeland Security Institute shall terminate 
5 years after its establishment.''.
    Sec. 520. Section 311(c)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 191(c)(2)) is amended to read as follows:
        ``(2) Original appointments.--The original members of the 
    Advisory Committee shall be appointed to three classes. One class 
    of six shall have a term of 1 year, one class of seven a term of 2 
    years, and one class of seven a term of 3 years.''.
    Sec. 521. Notwithstanding any other provision of law, funds 
appropriated under paragraphs (1) and (2) of the State and Local 
Programs heading under title III of this Act are exempt from section 
6503(a) of title 31, United States Code.
    Sec. 522. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Computer Assisted Passenger 
Prescreening System (CAPPS II) or Secure Flight or other follow on/
successor programs, that the Transportation Security Administration 
(TSA), or any other Department of Homeland Security component, plans to 
utilize to screen aviation passengers, until the Government 
Accountability Office has reported to the Committees on Appropriations 
of the Senate and the House of Representatives that--
        (1) a system of due process exists whereby aviation passengers 
    determined to pose a threat are either delayed or prohibited from 
    boarding their scheduled flights by the TSA may appeal such 
    decision and correct erroneous information contained in CAPPS II or 
    Secure Flight or other follow on/successor programs;
        (2) the underlying error rate of the government and private 
    data bases that will be used both to establish identity and assign 
    a risk level to a passenger will not produce a large number of 
    false positives that will result in a significant number of 
    passengers being treated mistakenly or security resources being 
    diverted;
        (3) the TSA has stress-tested and demonstrated the efficacy and 
    accuracy of all search tools in CAPPS II or Secure Flight or other 
    follow on/successor programs and has demonstrated that CAPPS II or 
    Secure Flight or other follow on/successor programs can make an 
    accurate predictive assessment of those passengers who may 
    constitute a threat to aviation;
        (4) the Secretary of Homeland Security has established an 
    internal oversight board to monitor the manner in which CAPPS II or 
    Secure Flight or other follow on/successor programs are being 
    developed and prepared;
        (5) the TSA has built in sufficient operational safeguards to 
    reduce the opportunities for abuse;
        (6) substantial security measures are in place to protect CAPPS 
    II or Secure Flight or other follow on/successor programs from 
    unauthorized access by hackers or other intruders;
        (7) the TSA has adopted policies establishing effective 
    oversight of the use and operation of the system;
        (8) there are no specific privacy concerns with the 
    technological architecture of the system;
        (9) the TSA has, pursuant to the requirements of section 44903 
    (i)(2)(A) of title 49, United States Code, modified CAPPS II or 
    Secure Flight or other follow on/successor programs with respect to 
    intrastate transportation to accommodate States with unique air 
    transportation needs and passengers who might otherwise regularly 
    trigger primary selectee status; and
        (10) appropriate life-cycle cost estimates, and expenditure and 
    program plans exist.
    (b) During the testing phase permitted by paragraph (a) of this 
section, no information gathered from passengers, foreign or domestic 
air carriers, or reservation systems may be used to screen aviation 
passengers, or delay or deny boarding to such passengers, except in 
instances where passenger names are matched to a government watch list.
    (c) None of the funds provided in this or any previous 
appropriations Act may be utilized to develop or test algorithms 
assigning risk to passengers whose names are not on government watch 
lists.
    (d) None of the funds provided in this or any previous 
appropriations Act may be utilized to test an identity verification 
system that utilizes at least one database that is obtained from or 
remains under the control of a non-Federal entity until TSA has 
developed measures to determine the impact of such verification on 
aviation security and the Government Accountability Office has reported 
on its evaluation of the measures.
    (e) TSA shall cooperate fully with the Government Accountability 
Office, and provide timely responses to the Government Accountability 
Office requests for documentation and information.
    (f) The Government Accountability Office shall submit the report 
required under paragraph (a) of this section no later than March 28, 
2005.
    Sec. 523. Section 835 of the Homeland Security Act of 2002 (Public 
Law 107-296; 6 U.S.C. 395) is amended--
        (1) in subsection (a), by inserting before the period ``, or 
    any subsidiary of such an entity'';
        (2) in subsection (b)(1), by inserting ``before, on, or'' after 
    the ``completes'';
        (3) in subsection (c)(1)(B), by striking ``which is after the 
    date of enactment of this Act and''; and
        (4) in subsection (d), by striking ``homeland'' and inserting 
    ``national''.
    Sec. 524. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 525. Notwithstanding any other provision of law, the fiscal 
year 2004 aggregate overtime limitation prescribed in subsection 
5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall 
be $30,000.
    Sec. 526. Notwithstanding any other provision of law, notifications 
pursuant to section 503 of this Act or any other authority for 
reprogramming of funds shall be made solely to the Committees on 
Appropriations of the Senate and House of Representatives.
    Sec. 527. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of 
Citizenship and Immigration Services of the Department of Homeland 
Security who are known as of that date as Immigration Information 
Officers, Contact Representatives, or Investigative Assistants.
    Sec. 528. None of the funds available in this Act shall be 
available to maintain the United States Secret Service as anything but 
a distinct entity within the Department of Homeland Security and shall 
not be used to merge the United States Secret Service with any other 
department function, cause any personnel and operational elements of 
the United States Secret Service to report to an individual other than 
the Director of the United States Secret Service, or cause the Director 
to report directly to any individual other than the Secretary of 
Homeland Security.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2005''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```