I 

108TH CONGRESS 

2D SESSION H. R. 4462 

Making appropriations for homeland security programs within the Departments of Energy, Health and Human Services, and Homeland Security 

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2004 

Mr. SANDLIN (for himself and Mr. OBEY) introduced the following bill; which 

was referred to the Committee on Appropriations 

A BILL 

Making appropriations for homeland security programs within the Departments of Energy, Health and Human Services, and Homeland Security for the fiscal year ending 

September 30, 2005, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for 

5 homeland security programs within the Departments of 

6 Energy, Health and Human Services, and Homeland Se7 curity for the fiscal year ending September 30, 2005, and 

8 for other purposes, namely: 
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1 TITLE I—DEPARTMENT OF ENERGY 

2 ATOMIC ENERGY DEFENSE ACTIVITIES

3 NATIONAL NUCLEAR SECURITY ADMINISTRATION

4 DEFENSE NUCLEAR NONPROLIFERATION

5 For Department of Energy expenses, including the 

6 purchase, construction, acquisition of plant and capital 

7 equipment and other incidental expenses necessary for 

8 atomic energy defense, defense nuclear nonproliferation 

9 activities, in carrying out the purposes of the Department 

10 of Energy Organization Act (42 U.S.C. 7101 et seq.), in11 cluding the acquisition or condemnation of any real prop12 erty or any facility or for plant or facility acquisition, con13 struction, or expansion, $1,400,000,000, to remain avail14 able until expended. 

15 TITLE II—DEPARTMENT OF HEALTH AND 

16 HUMAN SERVICES 

17 OFFICE OF THE SECRETARY

18 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

19 FUND

20 For expenses necessary to support activities related 

21 to countering potential biological, disease, nuclear, radio22 logical and chemical threats to civilian populations, 

23 $1,899,711,000: Provided, That this amount is distributed 

24 as follows: Centers for Disease Control and Prevention, 

25 $1,245,223,000; Office of the Secretary, $64,438,000; 
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1 National Institutes of Health, $47,400; and Health Re2 sources and Services Administration, $542,650,000: Pro3 vided further, That employees of the Centers for Disease 

4 Control and Prevention or the Public Health Service, both 

5 civilian and Commissioned Officers, detailed to States, 

6 municipalities, or other organizations under authority of 

7 section 214 of the Public Health Service Act for purposes 

8 related to homeland security, shall be treated as non-Fed9 eral employees for reporting purposes only and shall not 

10 be included within any personnel ceiling applicable to the 

11 Agency, Service, or the Department of Health and Human 

12 Services during the period of detail or assignment. 

13 In addition, $400,00,000, to remain available until 

14 expended, for the Strategic National Stockpile. 

15 In addition, for activities to ensure a year-round in16 fluenza vaccine production capacity and the development 

17 and implementation of rapidly expandable influenza vac18 cine production technologies, $100,000,000, to remain 

19 available until expended. 
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1 TITLE III—DEPARTMENT OF HOMELAND 

2 SECURITY 

3 BORDER AND TRANSPORTATION SECURITY

4 CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of laws relat7 ing to border security, immigration, customs, and agricul8 tural inspections and regulatory activities related to plant 

9 and animal imports; acquisition, lease, maintenance and 

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

11 (3,935 for replacement only) police-type vehicles; and con12 tracting with individuals for personal services abroad; 

13 $5,080,000,000; of which $3,000,000 shall be derived 

14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to Public Law 103–182 and not17 withstanding section 1511(e)(1) of Public Law 107–296; 

18 of which not to exceed $40,000 shall be for official recep19 tion and representation expenses; of which not to exceed 

20 $400,000,000 shall remain available until September 30, 

21 2006, for inspection and surveillance technology, un22 manned aerial vehicles, and equipment for the Container 

23 Security Initiative; of which such sums as become avail24 able in the Customs User Fee Account, except sums sub25 ject to section 13031(f)(3) of the Consolidated Omnibus 
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1 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 

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

3 $150,000 shall be available for payment for rental space 

4 in connection with preclearance operations; of which not 

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

6 to informants, to be accounted for solely under the certifi7 cate of the Under Secretary for Border and Transpor8 tation Security; and of which not to exceed $5,000,000 

9 shall be available for payments or advances arising out 

10 of contractual or reimbursable agreements with State and 

11 local law enforcement agencies while engaged in coopera12 tive activities related to immigration: Provided, That not13 withstanding any other provision of law, none of the funds 

14 appropriated shall be available to compensate any em15 ployee for overtime in an annual amount in excess of 

16 $35,000 and the fiscal year aggregate overtime limitation 

17 prescribed in subsection 5(c)(1) of the Act of February 

18 13, 1911 (19 U.S.C. 261 and 267) shall be $35,000, ex19 cept that the Commissioner of Customs and Border Pro20 tection, or his designee, may exceed that amount, for any 

21 employee, as necessary for national security purposes or 

22 to meet emergency requirements of Customs and Border 

23 Protection. 
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1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 FEDERAL AIR MARSHALS

3 For necessary expenses of the Federal air marshals, 

4 $700,000,000, to remain available until expended. 

5 AIR AND MARINE INTERDICTION, OPERATIONS, 

6 MAINTENANCE, AND PROCUREMENT

7 For necessary expenses for the operations, mainte8 nance, and procurement of marine vessels, aircraft, and 

9 other related equipment of the air and marine program, 

10 including operational training and mission-related travel, 

11 and rental payments for facilities occupied by the air or 

12 marine interdiction and demand reduction programs, the 

13 operations of which include the following: the interdiction 

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

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

16 administration of laws enforced by the Bureau of Immi17 gration and Customs Enforcement; and at the discretion 

18 of the Under Secretary for Border and Transportation Se19 curity, the provision of assistance to Federal, State, and 

20 local agencies in other law enforcement and emergency hu21 manitarian efforts, $305,000,000 to remain available until 

22 expended: Provided, That no aircraft or other related 

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

24 a kind and have been identified as excess to Bureau of 

25 Immigration and Customs Enforcement requirements and 

26 aircraft that have been damaged beyond repair, shall be 
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1 transferred to any other Federal agency, department, or 

2 office outside of the Department of Homeland Security 

3 during fiscal year 2005 without the prior approval of the 

4 Committees on Appropriations of the Senate and the 

5 House of Representatives. 

6 TRANSPORTATION SECURITY ADMINISTRATION

7 AVIATION SECURITY

8 For necessary expenses of the Transportation Secu9 rity Administration related to providing civil aviation secu10 rity services pursuant to the Aviation and Transportation 

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

12 $4,540,000,000, to remain available until expended, of 

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

14 and representation expenses: Provided, That of the total 

15 amount provided under this heading, not to exceed 

16 $2,008,000,000 shall be for passenger screening activities; 

17 not to exceed $1,628,000,000 shall be for baggage screen18 ing activities; and not to exceed $904,000,000 shall be for 

19 airport security direction and enforcement presence: Pro20 vided further, That security service fees authorized under 

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

22 credited to this appropriation as offsetting collections: 

23 Provided further, That the sum herein appropriated from 

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

25 basis as such offsetting collections are received during fis-
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1 cal year 2005, so as to result in a final fiscal year appro2 priation from the General Fund estimated at not more 

3 than $2,717,000,000: Provided further, That any security 

4 service fees collected pursuant to section 118 of Public 

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

6 this heading shall be treated as offsetting collections in 

7 fiscal year 2005: Provided further, That none of the funds 

8 herein appropriated may be used to approve, renew, or im9 plement any aviation cargo security plan that permits the 

10 transporting of unscreened or uninspected cargo on pas11 senger planes. 

12 MARITIME AND LAND SECURITY

13 For necessary expenses of the Transportation Secu14 rity Administration related to maritime and land transpor15 tation security grants and services pursuant to the Avia16 tion and Transportation Security Act (49 U.S.C. 40101 

17 note), $650,000,000, to remain available until September 

18 30, 2006. 

19 OFFICE FOR DOMESTIC PREPAREDNESS

20 STATE AND LOCAL PROGRAMS

21 For grants, contracts, cooperative agreements, and 

22 other activities, including grants to State and local govern23 ments for terrorism prevention activities, notwithstanding 

24 any other provision of law, $3,875,000,000, which shall 

25 be allocated as follows: 
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1 (1) $1,700,000,000 for formula-based grants 

2 and $1,000,000,000 for law enforcement terrorism 

3 prevention grants pursuant to section 1014 of the 

4 USA PATRIOT Act of 2001 (42 U.S.C. 3714); and 

5 (2) $800,000,000 for discretionary grants for 

6 use in high-threat, high-density urban areas, as de7 termined by the Secretary of Homeland Security: 

8 Provided, That section 1014(c)(3) of the USA PA9 TRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 

10 not apply to these grants: 

11 Provided further, That funds appropriated for law enforce12 ment terrorism prevention grants under paragraph (1) 

13 and discretionary grants under paragraph (2) of this 

14 heading shall be available for operational costs, to include 

15 personnel overtime and overtime associated with Office for 

16 Domestic Preparedness certified training, as needed. 

17 FIREFIGHTER ASSISTANCE GRANTS

18 For necessary expenses for programs authorized by 

19 section 33 of the Federal Fire Prevention and Control Act 

20 of 1974 (15 U.S.C. 2229), $800,000,000, to remain avail21 able until September 30, 2005: Provided, That not to ex22 ceed 5 percent of this amount shall be available for pro23 gram administration. 
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1 EMERGENCY PREPAREDNESS AND RESPONSE

2 PUBLIC HEALTH PROGRAMS

3 For necessary expenses for countering potential bio4 logical, disease, and chemical threats to civilian popu5 lations, $94,000,000, to remain available until expended. 

6 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

7 For necessary expenses for emergency management 

8 performance grants, as authorized by the National Flood 

9 Insurance Act of 1968 and the Flood Disaster Protection 

10 Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act (42 

12 U.S.C. 5121 et seq.), the Earthquake Hazards Reductions 

13 Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization 

14 Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Pro15 vided, That total administrative costs shall not exceed 3 

16 percent of the total appropriation. 

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