★★

In the Senate of the United States,

September 14, 2004.

Resolved, That the bill from the House of Representatives (H.R. 4567) entitled ‘‘An Act making appropriations for

the Department of Homeland Security for the fiscal year ending September 30, 2005, and for other purposes.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of Homeland Security for the fiscal year end4 ing September 30, 2005, and for other purposes, namely:
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1 TITLE I—DEPARTMENTAL MANAGEMENT AND

2 OPERATIONS

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary

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

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

8 executive management of the Department of Homeland Se9 curity, as authorized by law, $82,206,000: Provided, That

10 not to exceed $50,000 shall be available for allocation with11 in the Department for official reception and representation

12 expenses as the Secretary may determine.

13 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

14 For necessary expenses of the Office of the Under Sec15 retary for Management, as authorized by sections 701–705

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

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

18 $65,081,000 shall remain available until expended solely for

19 the alteration and improvement of facilities and for reloca20 tion costs to consolidate the Department’s headquarters’ op21 erations.

22 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

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

25 for the Department of Homeland Security, and for the costs
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1 of conversion to narrowband communications, including the

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

3 $222,000,000, to remain available until expended.

4 OFFICE OF INSPECTOR GENERAL

5 OPERATING EXPENSES

6 For necessary expenses of the Office of Inspector Gen7 eral in carrying out the provisions of the Inspector General

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

9 exceed $100,000 may be used for certain confidential oper10 ational expenses, including the payment of informants, to

11 be expended at the direction of the Inspector General.

12 TITLE II—SECURITY, ENFORCEMENT, AND

13 INVESTIGATIONS

14 BORDER AND TRANSPORTATION SECURITY

15 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

16 TRANSPORTATION SECURITY

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of the Under Sec19 retary for Border and Transportation Security, as author20 ized by subtitle A of title IV of the Homeland Security Act

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

22 UNITED STATES VISITOR AND IMMIGRANT STATUS

23 INDICATOR TECHNOLOGY

24 For necessary expenses for the development of the

25 United States Visitor and Immigrant Status Indicator

26 Technology project, as authorized by section 110 of the Ille-
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1 gal Immigration Reform and Immigrant Responsibility Act

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

3 available until expended.

4 CUSTOMS AND BORDER PROTECTION

5 SALARIES AND EXPENSES

6 For necessary expenses for enforcement of laws relating

7 to border security, immigration, customs, and agricultural

8 inspections and regulatory activities related to plant and

9 animal imports; acquisition, lease, maintenance and oper10 ation of aircraft; purchase and lease of up to 4,500 (3,935

11 for replacement only) police-type vehicles; and contracting

12 with individuals for personal services abroad;

13 $4,466,960,000; of which $3,000,000 shall be derived from

14 the Harbor Maintenance Trust Fund for administrative ex15 penses related to the collection of the Harbor Maintenance

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

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

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

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

20 and representation expenses; of which not to exceed

21 $126,162,000 shall remain available until September 30,

22 2006, for inspection and surveillance technology, and equip23 ment for the Container Security Initiative; of which such

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

25 except sums subject to section 13031(f)(3) of the Consoli26 dated Omnibus Budget Reconciliation Act of 1985 (19
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1 U.S.C. 58c(f)(3)), shall be derived from that account; of

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

3 for rental space in connection with preclearance operations;

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

5 compensation to informants, to be accounted for solely

6 under the certificate of the Under Secretary for Border and

7 Transportation Security; and of which not to exceed

8 $5,000,000 shall be available for payments or advances

9 arising out of contractual or reimbursable agreements with

10 State and local law enforcement agencies while engaged in

11 cooperative activities related to immigration: Provided,

12 That none of the funds appropriated shall be available to

13 compensate any employee for overtime in an annual

14 amount in excess of $30,000, except that the Under Sec15 retary for Border and Transportation Security may exceed

16 that amount as necessary for national security purposes

17 and in cases of immigration emergencies: Provided further,

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

19 activities to enforce laws against forced child labor in fiscal

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

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

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

23 enforcement of the textile transshipment provisions pro24 vided for in chapter 5 of title III of the Customs Border
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1 Security Act of 2002 (Public Law 107–210; 116 Stat. 988

2 et seq.).

3 AUTOMATION MODERNIZATION

4 For expenses for customs and border protection auto5 mated systems, $449,909,000, to remain available until ex6 pended, of which not less than $321,690,000 shall be for

7 the development of the Automated Commercial Environ8 ment: Provided, That none of the funds appropriated under

9 this heading may be obligated for the Automated Commer10 cial Environment until the Committees on Appropriations

11 of the Senate and the House of Representatives receive and

12 approve a plan for expenditure prepared by the Under Sec13 retary for Border and Transportation Security that:

14 (1) meets the capital planning and investment

15 control review requirements established by the Office

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

17 part 3;

18 (2) complies with the Bureau of Customs and

19 Border Protection’s enterprise information systems

20 architecture;

21 (3) complies with the acquisition rules, require22 ments, guidelines, and systems acquisition manage23 ment practices of the Federal Government;

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

25 Customs and Border Protection Investment Review
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1 Board, the Department of Homeland Security, and

2 the Office of Management and Budget; and

3 (5) is reviewed by the Government

4 Accountabililty Office.

5 CONSTRUCTION

6 For necessary expenses to plan, construct, renovate,

7 equip, and maintain buildings and facilities necessary for

8 the administration and enforcement of the laws relating to

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

10 until expended.

11 IMMIGRATION AND CUSTOMS ENFORCEMENT

12 SALARIES AND EXPENSES

13 For necessary expenses for enforcement of immigration

14 and customs laws, detention and removals, and investiga15 tions; and purchase and lease of up to 2,300 (2,000 for re16 placement only) police-type vehicles, $2,413,438,000, of

17 which not to exceed $5,000,000 shall be available until ex18 pended for conducting special operations pursuant to sec19 tion 3131 of the Customs Enforcement Act of 1986 (19

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

21 official reception and representation expenses; of which not

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

23 to informants, to be accounted for solely under the certifi24 cate of the Under Secretary for Border and Transportation

25 Security; of which not less than $102,000 shall be for pro26 motion of public awareness of the child pornography
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HR 4567 EAS2S

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

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

3 related to the investigations of exploited children and shall

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

5 $11,216,000 shall be available to fund or reimburse other

6 Federal agencies for the costs associated with the care,

7 maintenance, and repatriation of smuggled illegal aliens:

8 Provided, That none of the funds appropriated shall be

9 available to compensate any employee for overtime in an

10 annual amount in excess of $30,000, except that the Under

11 Secretary for Border and Transportation Security may

12 waive that amount as necessary for national security pur13 poses and in cases of immigration emergencies: Provided

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

15 be for activities to enforce laws against forced child labor

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

17 remain available until expended: Provided further, That of

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

19 be for the enforcement of the textile transshipment provi20 sions provided for in chapter 5 of title III of the Customs

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

22 Stat. 988 et seq.).

23 FEDERAL AIR MARSHALS

24 For necessary expenses of the Federal Air Marshals,

25 $662,900,000.
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1 FEDERAL PROTECTIVE SERVICE

2 The revenues and collections of security fees credited

3 to this account, not to exceed $478,000,000, shall be avail4 able until expended for necessary expenses related to the

5 protection of federally owned and leased buildings and for

6 the operations of the Federal Protective Service.

7 AUTOMATION MODERNIZATION

8 For expenses of immigration and customs enforcement

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

10 expended.

11 AIR AND MARINE INTERDICTION, OPERATIONS,

12 MAINTENANCE, AND PROCUREMENT

13 For necessary expenses for the operations, mainte14 nance, and procurement of marine vessels, aircraft, and

15 other related equipment of the air and marine program,

16 including operational training and mission-related travel,

17 and rental payments for facilities occupied by the air or

18 marine interdiction and demand reduction programs, the

19 operations of which include the following: the interdiction

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

21 Federal, State, and local agencies in the enforcement or ad22 ministration of laws enforced by the Bureau of Immigra23 tion and Customs Enforcement; and at the discretion of the

24 Under Secretary for Border and Transportation Security,

25 the provision of assistance to Federal, State, and local agen26 cies in other law enforcement and emergency humanitarian
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1 efforts, $267,535,000, to remain available until expended:

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

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

4 been identified as excess to Bureau of Immigration and

5 Customs Enforcement requirements and aircraft that have

6 been damaged beyond repair, shall be transferred to any

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

8 Department of Homeland Security during fiscal year 2005

9 without the prior approval of the Committees on Appro10 priations of the Senate and the House of Representatives.

11 CONSTRUCTION

12 For necessary expenses to plan, construct, renovate,

13 equip, and maintain buildings and facilities necessary for

14 the administration and enforcement of the laws relating to

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

16 until expended.

17 TRANSPORTATION SECURITY ADMINISTRATION

18 AVIATION SECURITY

19 For necessary expenses of the Transportation Security

20 Administration related to providing civil aviation security

21 services pursuant to the Aviation and Transportation Secu22 rity Act (Public Law 107–71; 115 Stat. 597),

23 $4,386,083,000, to remain available until expended, of

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

25 and representation expenses: Provided, That of the total

26 amount provided under this heading, not to exceed
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1 $2,076,733,000 shall be for passenger screening activities;

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

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

4 procurement of checked baggage explosive detection systems

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

6 checked baggage explosive detection systems; and not to ex7 ceed $796,890,000 shall be for airport security direction

8 and enforcement presence, of which $217,890,000 shall be

9 available for airport information technology: Provided fur10 ther, That security service fees authorized under section

11 44940 of title 49, United States Code, shall be credited to

12 this appropriation as offsetting collections: Provided fur13 ther, That, except as provided in the following proviso, the

14 sum herein appropriated from the General Fund shall be

15 reduced on a dollar-for-dollar basis as such offsetting collec16 tions are received during fiscal year 2005, so as to result

17 in a final fiscal year appropriation from the General Fund

18 estimated at not more than $2,563,083,000: Provided fur19 ther, That the Government Accountability Office shall re20 view, using a methodology deemed appropriate by the

21 Comptroller General, the calendar year 2000 cost informa22 tion for screening passengers and property pursuant to sec23 tion 44940(a)(2) of title 49, United States Code, of air car24 riers and foreign air carriers engaged in air transportation

25 and intrastate air transportation and report the informa-
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1 tion within six months of enactment of the Act but no ear2 lier than March 31, 2005, to the Committees on Appropria3 tions of the Senate and House of Representatives and Com4 mittee on Commerce, Science, and Transportation: Pro5 vided further, That the Comptroller General, or any of the

6 Comptroller General’s duly authorized representatives, shall

7 have access, for the purpose of reviewing such cost informa8 tion, to the personnel and to the books; accounts; documents;

9 papers; records (including electronic records); and auto10 mated data and files of such air carriers, airport authori11 ties, and their contractors; that the Comptroller General

12 deems relevant for purposes of reviewing the information

13 sought pursuant to the provisions of the preceding proviso:

14 Provided further, That the Comptroller General may obtain

15 and duplicate any such records, documents, working pa16 pers, automated data and files, or other information rel17 evant to such reviews without cost to the Comptroller Gen18 eral and the Comptroller General’s right of access to such

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

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

21 Comptroller General shall maintain the same level of con22 fidentiality for information made available under the pre23 ceding provisos as that required under section 716(e) of title

24 31, United States Code: Provided further, That upon the

25 request of the Comptroller General, the Secretary of the De-
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1 partment of Homeland Security shall transfer to the Gov2 ernment Accountability Office from appropriations avail3 able for administration expenses of the Transportation Se4 curity Administration, the amount requested by the Comp5 troller General, not to exceed $5,000,000, to cover the full

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

7 cost information conducted by the Comptroller General,

8 with 15 days advance notice by the Transportation Secu9 rity Administration to the Committees on Appropriations

10 of the Senate and House of Representatives: Provided fur11 ther, That the Comptroller General shall credit funds trans12 ferred under the authority of the preceding proviso to the

13 account established for salaries and expenses of the Govern14 ment Accountability Office, and such amount shall be avail15 able upon receipt and without fiscal year limitation to

16 cover the full costs of the review and report: Provided fur17 ther, That any funds transferred and credited under the au18 thority of the preceding provisos that are not needed for

19 the Comptroller General’s performance of such review and

20 report shall be returned to the Department of Homeland

21 Security and credited to the appropriation from which

22 transferred: Provided further, That beginning with amounts

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

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

25 appropriate fee to the Transportation Security Administra-
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1 tion pursuant to section 44940(a)(2) of title 49 United

2 States Code, the Secretary of Homeland Security shall un3 dertake all necessary actions to ensure that such amounts

4 are collected: Provided further, That such collections re5 ceived during fiscal year 2005 shall be credited to this ap6 propriation as offsetting collections and shall be available

7 only for security modifications at commercial airports: Pro8 vided further, That if the Secretary exercises his discretion

9 to set the fee under 44940(a)(2) of title 49 United States

10 Code, such determination shall not be subject to judicial re11 view: Provided further, That any security service fees col12 lected pursuant to section 44940 of title 49 note, United

13 States Code, in excess of the amount appropriated under

14 this heading shall be treated as offsetting collections in fiscal

15 year 2006.

16 MARITIME AND LAND SECURITY

17 For necessary expenses of the Transportation Security

18 Administration related to maritime and land transpor19 tation security grants and services pursuant to the Aviation

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

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

22 $53,000,000 may be provided for transportation worker

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

24 trucks carrying hazardous material.

25 In addition, fees authorized by section 520 of Public

26 Law 108–90 shall be credited to this appropriation and
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1 shall be available until expended: Provided, That in fiscal

2 year 2005, fee collections shall be used for initial adminis3 trative costs of credentialing activities.

4 INTELLIGENCE

5 For necessary expenses for intelligence activities pur6 suant to the Aviation and Transportation Security Act

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

8 RESEARCH AND DEVELOPMENT

9 For necessary expenses for research and development

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

11 available until expended: Provided, That of the total

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

13 available for the research and development of explosive de14 tection devices.

15 ADMINISTRATION

16 For necessary administrative expenses of the Trans17 portation Security Administration to carry out the Avia18 tion and Transportation Security Act (Public Law 107–

19 71; 115 Stat. 597), $534,852,000.

20 UNITED STATES COAST GUARD

21 OPERATING EXPENSES

22 For necessary expenses for the operation and mainte23 nance of the Coast Guard not otherwise provided for, pur24 chase or lease of not to exceed 25 passenger motor vehicles

25 for replacement only; payments pursuant to section 156 of

26 Public Law 97–377 (42 U.S.C. 402 note), section 229(b)
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1 of the Social Security Act (42 U.S.C. 429(b)), and recre2 ation and welfare, $5,153,220,000, of which $1,090,000,000

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

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

5 and of which not to exceed $3,000 shall be for official recep6 tion and representation expenses: Provided, That none of

7 the funds appropriated by this or any other Act shall be

8 available for administrative expenses in connection with

9 shipping commissioners in the United States: Provided fur10 ther, That none of the funds provided by this Act shall be

11 available for expenses incurred for yacht documentation

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

13 to the extent fees are collected from yacht owners and cred14 ited to this appropriation: Provided further, That notwith15 standing section 1116(c) of title 10, United States Code,

16 amounts made available under this heading may be used

17 to make payments into the Department of Defense Medi18 care-Eligible Retiree Health Care Fund for fiscal year 2005

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

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

21 this Act, the Secretary of Homeland Security shall submit

22 to the Committees on Appropriations of the Senate and the

23 House of Representatives, the Committee on Commerce,

24 Science, and Transportation of the Senate, the Committee

25 on Energy and Commerce of the House of Representatives,
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1 and the Committee on Transportation and Infrastructure

2 of the House of Representatives, a report on opportunities

3 for integrating the process by which the Coast Guard issues

4 letters of recommendation for proposed liquefied natural gas

5 marine terminals, including the elements of such process

6 relating to vessel transit, facility security assessment and

7 facility security plans under the Maritime Transportation

8 Security Act, and the process by which the Federal Energy

9 Regulatory Commission issues permits for such terminals

10 under the National Environmental Policy Act: Provided

11 further, That the report shall include an examination of

12 the advisability of requiring that activities of the Coast

13 Guard relating to vessel transit, facility security assessment

14 and facility security plans under the Maritime Transpor15 tation Security Act be completed for a proposed liquefied

16 natural gas marine terminal before a final environmental

17 impact statement for such terminal is published under the

18 Federal Energy Regulatory Commission process.

19 ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

21 environmental compliance and restoration functions under

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

23 remain available until expended.

24 RESERVE TRAINING

25 For necessary expenses of the Coast Guard Reserve, as

26 authorized by law; operations and maintenance of the re-
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HR 4567 EAS2S

1 serve program, personnel and training costs, equipment,

2 and services, $117,000,000.

3 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

4 For necessary expenses of acquisition, construction,

5 renovation, and improvement of aids to navigation, shore

6 facilities, vessels, and aircraft, including equipment related

7 thereto; and maintenance, rehabilitation, lease and oper8 ation of facilities and equipment, as authorized by law,

9 $1,062,550,000, of which $20,000,000 shall be derived from

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

11 shall be available until September 30, 2009, to acquire, re12 pair, renovate, or improve vessels, small boats, and related

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

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

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

16 2007, for other equipment; of which $5,000,000 shall be

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

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

19 available for personnel compensation and benefits and re20 lated costs; of which $776,000,000 shall be available until

21 September 30, 2009, for the Integrated Deepwater Systems

22 program: Provided, That the Commandant of the Coast

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

24 sale or lease, and the proceeds shall be credited to this ap25 propriation as offsetting collections and shall be available

26 until September 30, 2007, only for Rescue 21: Provided fur-
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1 ther, That the budget for fiscal year 2006 that is submitted

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

3 include an amount for the Coast Guard that is sufficient

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

5 capability that is consistent with the original procurement

6 plan for the CN–235 aircraft beyond the three aircraft al7 ready funded in previous fiscal years.

8 ALTERATION OF BRIDGES

9 For necessary expenses for alteration or removal of ob10 structive bridges, $15,400,000, to remain available until ex11 pended.

12 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

13 For necessary expenses for applied scientific research,

14 development, test, and evaluation, and for maintenance, re15 habilitation, lease and operation of facilities and equip16 ment, as authorized by law, $18,500,000, to remain avail17 able until expended, of which $2,000,000 shall be derived

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

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

20 appropriation funds received from State and local govern21 ments, other public authorities, private sources, and foreign

22 countries, for expenses incurred for research, development,

23 testing, and evaluation.

24 RETIRED PAY

25 For retired pay, including the payment of obligations

26 otherwise chargeable to lapsed appropriations for this pur-
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HR 4567 EAS2S

1 pose, payments under the Retired Serviceman’s Family

2 Protection and Survivor Benefits Plans, payment for career

3 status bonuses under the National Defense Authorization

4 Act, and payments for medical care of retired personnel and

5 their dependents under chapter 55 of title 10, United States

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

7 UNITED STATES SECRET SERVICE

8 SALARIES AND EXPENSES

9 For necessary expenses of the United States Secret

10 Service, including purchase of not to exceed 610 vehicles

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

12 hire of passenger motor vehicles; purchase of American13 made sidecar compatible motorcycles; hire of aircraft; serv14 ices of expert witnesses at such rates as may be determined

15 by the Director; rental of buildings in the District of Colum16 bia, and fencing, lighting, guard booths, and other facilities

17 on private or other property not in Government ownership

18 or control, as may be necessary to perform protective func19 tions; payment of per diem or subsistence allowances to em20 ployees where a protective assignment during the actual day

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

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

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

24 matches; presentation of awards; travel of Secret Service

25 employees on protective missions without regard to the limi-
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1 tations on such expenditures in this or any other Act if

2 approval is obtained in advance from the Committees on

3 Appropriations of the Senate and the House of Representa4 tives; research and development; grants to conduct behav5 ioral research in support of protective research and oper6 ations; and payment in advance for commercial accom7 modations as may be necessary to perform protective func8 tions, $1,159,125,000, of which not to exceed $25,000 shall

9 be for official reception and representation expenses; of

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

11 assistance and equipment to foreign law enforcement orga12 nizations in counterfeit investigations; of which $2,100,000

13 shall be for forensic and related support of investigations

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

15 $18,000,000 provided for protective travel shall remain

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

17 the United States Secret Service is authorized to obligate

18 funds in anticipation of reimbursements from agencies and

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

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

21 Training Center, except that total obligations at the end

22 of the fiscal year shall not exceed total budgetary resources

23 available under 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 OF STATE AND LOCAL GOVERNMENT

8 COORDINATION AND PREPAREDNESS

9 MANAGEMENT AND ADMINISTRATION

10 For necessary expenses for the Office of State and

11 Local Government Coordination and Preparedness,

12 $25,000,000.

13 STATE AND LOCAL PROGRAMS

14 For grants, contracts, cooperative agreements, and

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

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

18 allocated as follows:

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

20 $400,000,000 for law enforcement terrorism preven21 tion grants pursuant to section 1014 of the USA PA22 TRIOT ACT (42 U.S.C. 3714), of which $50,000,000

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

24 transfer homeland security technology, equipment,

25 and information to State and local law enforcement

26 agencies: Provided, That the application for grants
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HR 4567 EAS2S

1 shall be made available to states within 45 days after

2 enactment of this Act; that States shall submit appli3 cations within 45 days after the grant announcement;

4 and that the Office of State and Local Government

5 Coordination and Preparedness shall act within 15

6 days after receipt of an application: Provided further,

7 That each State shall obligate not less than 80 percent

8 of the total amount of the grant to local governments

9 within 60 days after the grant award; and

10 (2) $1,200,000,000 for discretionary grants for

11 use in high-threat, high-density urban areas, as deter12 mined by the Secretary of Homeland Security: Pro13 vided, That $150,000,000 shall be for port security

14 grants; $15,000,000 shall be for trucking industry se15 curity grants; $10,000,000 shall be for intercity bus

16 security grants; and $150,000,000 shall be for inter17 city passenger rail transportation (as defined in sec18 tion 24102(5) of title 49, United States Code), freight

19 rail, and transit security grants: Provided further,

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

21 shall be made available by the State to local govern22 ments within 60 days after the receipt of the funds:

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

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

25 apply to these grants;
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HR 4567 EAS2S

1 (3) $275,081,000 for training, exercises, technical

2 assistance, and other programs:

3 Provided, That none of the grants provided under this head4 ing shall be used for the construction or renovation of facili5 ties: Provided further, That notwithstanding the previous

6 proviso, funds under this heading may be used for a minor

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

8 $1,000,000, as deemed necessary by the Secretary of Home9 land Security: Provided further, That funds under this

10 heading may be used to provide a reasonable stipend to

11 part-time and volunteer first responders who are not other12 wise compensated for travel to or participation in terrorism

13 response courses approved by the Office for Domestic Pre14 paredness, which stipend shall not be paid if such first re15 sponder is otherwise compensated by an employer for such

16 time and shall not be considered compensation for purposes

17 of rendering such first responder an employee under the

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

19 Provided further, That grantees shall provide additional re20 ports on their use of funds, as deemed necessary by the Sec21 retary: Provided further, That not to exceed 10 percent of

22 funds appropriated for law enforcement terrorism preven23 tion grants under paragraph (1) and discretionary grants

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

25 operational costs, to include personnel overtime and over-
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25

HR 4567 EAS2S

1 time associated with Office of State and Local Government

2 Coordination and Preparedness certified training, as need3 ed.

4 FIREFIGHTER ASSISTANCE GRANTS

5 For necessary expenses for programs authorized by sec6 tion 33 of the Federal Fire Prevention and Control Act of

7 1974 (15 U.S.C. 2229), $700,000,000, to remain available

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

9 percent of this amount shall be available for program ad10 ministration.

11 FIRE DEPARTMENT STAFFING ASSISTANCE GRANTS

12 For necessary expenses for programs authorized by sec13 tion 34 of the Federal Fire Prevention and Control Act of

14 1974 (15 U.S.C. 2229a), to remain available until Sep15 tember 30, 2006, $100,000,000: Provided, That not to exceed

16 5 percent of this amount shall be available for program ad17 ministration: Provided, further, That the amount appro18 priated by title I under the heading ‘‘OFFICE OF THE

19 UNDER SECRETARY FOR MANAGEMENT’’ is hereby reduced

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

21 the heading ‘‘INFORMATION ANALYSIS AND INFRASTRUC22 TURE PROTECTION MANAGEMENT AND ADMINISTRATION’’ is

23 hereby reduced by $20,000,000, and the amount appro24 priated by title IV under the heading ‘‘SCIENCE AND TECH25 NOLOGY MANAGEMENT AND ADMINISTRATION’’ is hereby re26 duced by $10,000,000.
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HR 4567 EAS2S

1 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

2 For necessary expenses for emergency management

3 performance grants, as authorized by the National Flood

4 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert

5 T. Stafford Disaster Relief and Emergency Assistance Act

6 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc7 tions Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza8 tion Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Pro9 vided, That total administrative costs shall not exceed 3

10 percent of the total appropriation.

11 COUNTERTERRORISM FUND

12 For necessary expenses, as determined by the Secretary

13 of Homeland Security, to reimburse any Federal agency for

14 the costs of providing support to counter, investigate, or re15 spond to unexpected threats or acts of terrorism, including

16 payment of rewards in connection with these activities,

17 $10,000,000, to remain available until expended: Provided,

18 That the Secretary shall notify the Committees on Appro19 priations of the Senate and the House of Representatives

20 15 days prior to the obligation of any amount of these funds

21 in accordance with section 502 of this Act.

22 EMERGENCY PREPAREDNESS AND RESPONSE

23 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

24 PREPAREDNESS AND RESPONSE

25 For necessary expenses for the Office of the Under Sec26 retary for Emergency Preparedness and Response, as au-
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27

HR 4567 EAS2S

1 thorized by section 502 of the Homeland Security Act of

2 2002 (6 U.S.C. 312), $4,211,000.

3 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

4 For necessary expenses for preparedness, mitigation,

5 response, and recovery activities of the Directorate of Emer6 gency Preparedness and Response, $231,499,000, including

7 activities authorized by the National Flood Insurance Act

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

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

10 5121 et seq.), the Earthquake Hazards Reduction Act of

11 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Prevention

12 and Control Act of 1974 (15 U.S.C. 2201 et seq.), the De13 fense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),

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

15 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978

16 (5 U.S.C. App.), and the Homeland Security Act of 2002

17 (6 U.S.C. 101 et seq.): Provided, That of the total amount

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

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

20 made available for administrative costs.

21 ADMINISTRATIVE AND REGIONAL OPERATIONS

22 For necessary expenses for administrative and regional

23 operations of the Emergency Preparedness and Response

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

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

26 4001 et seq.), the Robert T. Stafford Disaster Relief and
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HR 4567 EAS2S

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

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

3 7701 et seq.), the Federal Fire Prevention and Control Act

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

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

6 303 of the National Security Act of 1947 (50 U.S.C. 404,

7 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),

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

9 seq.): Provided, That not to exceed $3,000 shall be for offi10 cial reception and representation expenses.

11 PUBLIC HEALTH PROGRAMS

12 For necessary expenses for countering potential bio13 logical, disease, and chemical threats to civilian popu14 lations, $34,000,000.

15 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

16 The aggregate charges assessed during fiscal year 2005,

17 as authorized in title III of the Departments of Veterans

18 Affairs and Housing and Urban Development, and Inde19 pendent Agencies Appropriations Act, 1999 (42 U.S.C.

20 5196e), shall not be less than 100 percent of the amounts

21 anticipated by the Department of Homeland Security nec22 essary for its radiological emergency preparedness program

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

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

25 and shall reflect costs of providing such services, including

26 administrative costs of collecting such fees: Provided fur-
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HR 4567 EAS2S

1 ther, That fees received under this heading shall be deposited

2 in this account as offsetting collections and will become

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

4 remain available until expended.

5 DISASTER RELIEF

6 For necessary expenses in carrying out the Robert T.

7 Stafford Disaster Relief and Emergency Assistance Act (42

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

9 until expended, of which $70,000,000 is designated by Con10 gress as an emergency requirement under section 502(c) of

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

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

13 recovery expenditures, and emergency services in response

14 to Tropical Storm Bonnie, Hurricane Charley, and Hurri15 cane Frances.

16 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

17 For administrative expenses to carry out the direct

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

19 T. Stafford Disaster Relief and Emergency Assistance Act

20 (42 U.S.C. 5162), $567,000: Provided, That gross obliga21 tions for the principal amount of direct loans shall not ex22 ceed $25,000,000: Provided further, That the cost of modi23 fying such loans shall be as defined in section 502 of the

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

30

HR 4567 EAS2S

1 FLOOD MAP MODERNIZATION FUND

2 For necessary expenses pursuant to section 1360 of the

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

4 $200,000,000, and such additional sums as may be pro5 vided by State and local governments or other political sub6 divisions for cost-shared mapping activities under section

7 1360(f)(2) of such Act, to remain available until expended:

8 Provided, That total administrative costs shall not exceed

9 3 percent of the total appropriation.

10 NATIONAL FLOOD INSURANCE FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For activities under the National Flood Insurance Act

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

14 for salaries and expenses associated with flood mitigation

15 and flood insurance operations; and not to exceed

16 $79,257,000 for flood hazard mitigation, to remain avail17 able until September 30, 2006, including up to $20,000,000

18 for expenses under section 1366 of the National Flood Insur19 ance Act of 1968 (42 U.S.C. 4104c), which amount shall

20 be available for transfer to the National Flood Mitigation

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

22 be derived from offsetting collections assessed and collected

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

24 shall be retained and used for necessary expenses under this

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

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

31

HR 4567 EAS2S

1 $562,881,000 for agents’ commissions and taxes; and (3)

2 $30,000,000 for interest on Treasury borrowings shall be

3 available from the National Flood Insurance Fund.

4 MITIGATION GRANTS

5 For activities designed to reduce the risk of flood dam6 age to structures pursuant to the National Flood Insurance

7 Act of 1968, notwithstanding subsections (b)(3) and (f) of

8 section 1366, and for a pre-disaster mitigation grant pro9 gram pursuant to title II of the Disaster Relief Act of 1974

10 (42 U.S.C. 5131 et seq.), $170,000,000, of which

11 $20,000,000 shall be derived from the National Flood Insur12 ance Fund, to remain available until September 30, 2006,

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

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

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

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

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

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

19 without reference to State allocations, quotas, or other for20 mula-based allocation of funds: Provided further, That total

21 administrative costs for pre-disaster mitigation shall not

22 exceed 3 percent of the total appropriation.

23 EMERGENCY FOOD AND SHELTER

24 To carry out an emergency food and shelter program

25 pursuant to subtitle B of title III of the Stewart B. McKin26 ney Homeless Assistance Act (42 U.S.C. 11341 et seq.),
 †

32

HR 4567 EAS2S

1 $153,000,000, to remain available until expended: Pro2 vided, That total administrative costs shall not exceed 3.5

3 percent of the total appropriation.

4 TITLE IV—RESEARCH AND DEVELOPMENT,

5 TRAINING, ASSESSMENTS, AND SERVICES

6 CITIZENSHIP AND IMMIGRATION SERVICES

7 For necessary expenses for citizenship and immigra8 tion services for backlog reduction activities, $140,000,000.

9 FEDERAL LAW ENFORCEMENT TRAINING CENTER

10 SALARIES AND EXPENSES

11 For necessary expenses of the Federal Law Enforce12 ment Training Center, including materials and support

13 costs of Federal law enforcement basic training; purchase

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

15 of passenger motor vehicles; expenses for student athletic

16 and related activities; the conduct of and participation in

17 firearms matches and presentation of awards; public aware18 ness and enhancement of community support of law enforce19 ment training; room and board for student interns; a flat

20 monthly reimbursement to employees authorized to use per21 sonal cell phones for official duties; and services as author22 ized by section 3109 of title 5, United States Code;

23 $181,440,000, of which up to $36,174,000 for materials and

24 support costs of Federal law enforcement basic training

25 shall remain available until September 30, 2006; and of
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33

HR 4567 EAS2S

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

2 and representation expenses: Provided, That the Center is

3 authorized to obligate funds in anticipation of reimburse4 ments from agencies receiving training sponsored by the

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

6 year shall not exceed total budgetary resources available at

7 the end of the fiscal year.

8 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

9 RELATED EXPENSES

10 For acquisition of necessary additional real property

11 and facilities, construction, and ongoing maintenance, fa12 cility improvements, and related expenses of the Federal

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

14 available until expended: Provided, That the Center is au15 thorized to accept reimbursement to this appropriation

16 from government agencies requesting the construction of

17 special use facilities.

18 INFORMATION ANALYSIS AND INFRASTRUCTURE

19 PROTECTION

20 MANAGEMENT AND ADMINISTRATION

21 For necessary expenses of the Directorate of Informa22 tion Analysis and Infrastructure Protection, including the

23 immediate Office of the Under Secretary for Information

24 Analysis and Infrastructure Protection, for management

25 and administration of programs and activities, as author-
 †

34

HR 4567 EAS2S

1 ized by title II of the Homeland Security Act of 2002 (6

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

3 ASSESSMENTS AND EVALUATIONS

4 For necessary expenses for information analysis and

5 infrastructure protection as authorized by title II of the

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

7 $718,512,000, to remain available until September 30,

8 2006, of which not to exceed $20,000 may be used for official

9 reception and representation expenses: Provided, That none

10 of the funds available under this heading shall be available

11 for sole-source contractual agreements unless the Commit12 tees on Appropriations of the Senate and the House of Rep13 resentatives are notified 15 days in advance of such deci14 sion, or the Secretary of Homeland Security certifies to the

15 Committee that such agreement is necessary to respond to

16 a national emergency or prevent an impending terrorist at17 tack.

18 SCIENCE AND TECHNOLOGY

19 MANAGEMENT AND ADMINISTRATION

20 For salaries and expenses of the immediate Office of

21 the Under Secretary for Science and Technology and for

22 management and administration of programs and activi23 ties, as authorized by title III of the Homeland Security

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

35

HR 4567 EAS2S

1 RESEARCH, DEVELOPMENT, ACQUISITION AND

2 OPERATIONS

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

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

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

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

9 TITLE V—GENERAL PROVISIONS

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

11 this Act shall remain available for obligation beyond the

12 current fiscal year unless expressly so provided herein.

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

14 provided by previous appropriations Acts to the agencies

15 in or transferred to the Department of Homeland Security

16 that remain available for obligation or expenditure in fiscal

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

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

20 for obligation or expenditure through a reprogramming of

21 funds that: (1) creates a new program; (2) eliminates a pro22 gram, project, or activity; (3) increases funds for any pro23 gram, project, or activity for which funds have been denied

24 or restricted by the Congress; (4) proposes to use funds di25 rected for a specific activity by either the House or Senate
 †

36

HR 4567 EAS2S

1 Committees on Appropriations for a different purpose; (5)

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

3 privatizes any functions or activities presently performed

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

6 notified 15 days in advance of such reprogramming of

7 funds.

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

9 by previous appropriation Acts to the agencies in or trans10 ferred to the Department of Homeland Security that remain

11 available for obligation or expenditure in fiscal year 2005,

12 or provided from any accounts in the Treasury of the

13 United States derived by the collection of fees available to

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

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

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

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

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

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

23 programs, projects, or activities as approved by the Con24 gress, unless the Committees on Appropriations of the Sen-
 †

37

HR 4567 EAS2S

1 ate and the House of Representatives are notified 15 days

2 in advance of such reprogramming of funds.

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

4 available for the current fiscal year for the Department of

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

8 specifically provided, shall be increased by more than 10

9 percent by such transfers: Provided, That any transfer

10 under this section shall be treated as a reprogramming of

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

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

14 are notified 15 days in advance of such transfer.

15 SEC. 503. Except as otherwise specifically provided by

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

19 in this Act shall remain available through September 30,

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

21 appropriations were provided: Provided, That prior to the

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

23 Committees on Appropriations of the Senate and the House

24 of Representatives for approval in accordance with section

25 502 of this Act.
 †

38

HR 4567 EAS2S

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

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

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

5 2005 until the enactment of an Act authorizing intelligence

6 activities for fiscal year 2005.

7 SEC. 505. The Federal Law Enforcement Training

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

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

12 and assessing the quality and effectiveness of Federal law

13 enforcement training programs, facilities, and instructors.

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

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

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

20 business days in advance: Provided, That no notification

21 shall involve funds that are not available for obligation.

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

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

24 facilities, except within or contiguous to existing locations,

25 to be used for the purpose of conducting Federal law enforce-
 †

39

HR 4567 EAS2S

1 ment training without the advance approval of the Commit2 tees on Appropriations of the Senate and the House of Rep3 resentatives, except that the Federal Law Enforcement

4 Training Center is authorized to obtain the temporary use

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

6 for training which cannot be accommodated in existing

7 Center facilities.

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

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

12 centers are operated at the highest capacity throughout the

13 fiscal year.

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

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

16 construction, repair, alteration, and acquisition project for

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

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

19 may be expended for each project for required expenses for

20 the development of a proposed prospectus.

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

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

23 guidelines or regulations requiring airport sponsors to pro24 vide to the Transportation Security Administration with25 out cost building construction, maintenance, utilities and
 †

40

HR 4567 EAS2S

1 expenses, or space in airport sponsor-owned buildings for

2 services relating to aviation security: Provided, That the

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

4 (1) negotiations between the agency and airport

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

6 rates for these items, or

7 (2) space for necessary security checkpoints.

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

9 in contravention of the applicable provisions of the Buy

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

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

13 inspect and screen air cargo on passenger aircraft at the

14 earliest date possible: Provided, That until such technology

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

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

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

22 available unless the Committees on Appropriations of the

23 Senate and the House of Representatives are notified 15

24 days in advance.
 †

41

HR 4567 EAS2S

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

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

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

6 the Transportation Security Administration (TSA) plans

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

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

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

12 passengers determined to pose a threat are either delayed

13 or prohibited from boarding their scheduled flights by the

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

16 follow on/successor programs;

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

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

20 a large number of false positives that will result in a sig21 nificant number of passengers being treated mistakenly or

22 security resources being diverted;

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

24 the efficacy and accuracy of all search tools in

25 CAPPS II or Secure Flight or other follow on/suc-
 †

42

HR 4567 EAS2S

1 cessor programs and has demonstrated that CAPPS

2 II or Secure Flight or other follow on/successor pro3 grams can make an accurate predictive assessment of

4 those passengers who may constitute a threat to avia5 tion;

6 (4) the Secretary of Homeland Security has es7 tablished an internal oversight board to monitor the

8 manner in which CAPPS II or Secure Flight or other

9 follow on/successor programs are being developed and

10 prepared;

11 (5) the TSA has built in sufficient operational

12 safeguards to reduce the opportunities for abuse;

13 (6) substantial security measures are in place to

14 protect CAPPS II or Secure Flight or other follow on/

15 successor programs from unauthorized access by hack16 ers or other intruders;

17 (7) the TSA has adopted policies establishing ef18 fective oversight of the use and operation of the sys19 tem;

20 (8) there are no specific privacy concerns with

21 the technological architecture of the system; and

22 (9) the TSA has, pursuant to the requirements of

23 section 44903 (i)(2)(A) of title 49, United States

24 Code, modified CAPPS II or Secure Flight or other

25 follow on/successor programs with respect to intra-
 †

43

HR 4567 EAS2S

1 state transportation to accommodate States with

2 unique air transportation needs and passengers who

3 might otherwise regularly trigger primary selectee

4 status.

5 (b) During the testing phase permitted by paragraph

6 (a) of this section, no information gathered from passengers,

7 foreign or domestic air carriers, or reservation systems may

8 be used to screen aviation passengers, or delay or deny

9 boarding to such passengers, except in instances where pas10 senger names are matched to a government watch list.

11 (c) The Government Accountability Office shall submit

12 the report required under paragraph (a) of this section no

13 later than February 15, 2005.

14 SEC. 515. None of the funds appropriated by this Act

15 may be used to make an award, pursuant to a competition

16 under Office of Management and Budget Circular A–76, to

17 a source for the performance of services that were provided

18 as of June 1, 2004, by employees (including employees serv19 ing on a temporary or term basis) of the Bureau of Citizen20 ship and Immigration Services of the Department of Home21 land Security known as of that date as Immigration Infor22 mation Officers, Contact Representatives, or Investigative

23 Assistants unless—
 †

44

HR 4567 EAS2S

1 (1) the Secretary of Homeland Security submits

2 to Congress, not later than 60 days before making

3 such award, a report that describes—

4 (A) the performance requirements for the

5 services;

6 (B) the estimated savings to be derived from

7 the performance of such services by that source;

8 (C) the actions that are to be taken to effec9 tuate the transition to performance either by

10 Federal Government employees under the appli11 cable most efficient organization plan or by a

12 contractor, as the case may be; and

13 (D) the strategy for mitigating the adverse

14 effects of such award, if any, on Federal Govern15 ment employees; and

16 (2) the making of the award to that source will

17 not result in the closure of an immigration informa18 tion service center that was in operation on June 1,

19 2004.

20 SEC. 516. Notwithstanding any other provision of this

21 Act, none of the funds appropriated by this Act may be

22 used to process or approve a competition under Office of

23 Management and Budget Circular A–76 for services pro24 vided as of June 1, 2004, by employees (including employees

25 serving on a temporary or term basis) of the Bureau of Citi-
 †

45

HR 4567 EAS2S

1 zenship and Immigration Services of the Department of

2 Homeland Security who are known as of that date as Immi3 gration Information Officers, Contact Representatives, or

4 Investigative Assistants.

5 This section shall take effect one day after the date of

6 the Act’s enactment.

7 SEC. 517. None of the funds made available in this

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

9 by section 337 of the Immigration and Nationality Act (8

10 U.S.C. 1448).

11 SEC. 518. INVESTIGATION OF SHOCKOE CREEK DRAIN

12 FIELD, RICHMOND, VIRGINIA, as soon as practicable after

13 the date of enactment of this Act, the Director of the Federal

14 Emergency Management Agency shall conduct an investiga15 tion of the Shockoe Creek drain field in Richmond, Vir16 ginia, to determine means of preventing future damage in

17 that area from floods and other natural disasters.

18 SEC. 519. (a) The total amount appropriated by title

19 II for the Office of the Under Secretary for Border and

20 Transportation Security under the heading ‘‘AIR AND MA21 RINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PRO22 CUREMENT’’ is hereby increased by $200,000,000. Of such

23 total amount, as so increased, $200,000,000 shall be avail24 able for the establishment and operation of air bases in the
 †

46

HR 4567 EAS2S

1 States of Michigan, Montana, New York, North Dakota, and

2 Washington.

3 (b) The total amount appropriated under the heading

4 ‘‘IMMIGRATION AND CUSTOMS ENFORCEMENT, FEDERAL AIR

5 MARSHALS’’ is hereby increased by $50,000,000. Of such

6 total amount, as so increased, $50,000,000 is for the contin7 ued operations of the Federal Air Marshals program.

8 (c) The total amount appropriated under the heading

9 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

10 AND PREPAREDNESS, STATE AND LOCAL PROGRAMS’’ is

11 hereby increased by $50,000,000. Of such total amount, as

12 so increased, $50,000,000 is for discretionary assistance to

13 non-profit organizations (as defined under section 501

14 (c)(3) of the Internal Revenue Code of 1986) determined by

15 the Secretary of Homeland Security to be at high-risk of

16 international terrorist attacks.

17 (d) The total amount appropriated under the heading

18 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

19 AND PREPAREDNESS, FIREFIGHTER ASSISTANCE GRANTS’’

20 is hereby increased by $50,000,000. Of such total amount,

21 as so increased, $50,000,000 is for the program authorized

22 by section 33 of the Federal Fire Prevention and Control

23 Act of 1974 (15 U.S.C. 2229).

24 (e) The total amount appropriated under the heading

25 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
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1 AND PREPAREDNESS, EMERGENCY MANAGEMENT PERFORM2 ANCE GRANTS’’ is hereby increased by $20,000,000. Of such

3 total amount, as so increased, $20,000,000 is for emergency

4 management performance grants.

5 (f) Section 13031(j)(3) of the Consolidated Omnibus

6 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is

7 amended by striking ‘‘March 1, 2005’’ and inserting ‘‘June

8 1, 2005’’.

9 SEC. 520. (a) The total amount appropriated under

10 the heading ‘‘CUSTOMS AND BORDER PROTECTION, SALA11 RIES AND EXPENSES’’ is hereby increased by $150,000,000.

12 Of such total amount, as so increased, $50,000,000 is pro13 vided for radiation detection devices, $50,000,000 is pro14 vided for additional border inspectors, and $50,000,000 is

15 provided for additional border patrol agents.

16 (b) The total amount appropriated under the heading

17 ‘‘IMMIGRATION AND CUSTOMS ENFORCEMENT, SALARIES

18 AND EXPENSES’’ is hereby increased by $100,000,000. Of

19 such total amount, as so increased, $50,000,000 is provided

20 for additional investigator personnel, and $50,000,000 is

21 provided for detention and removal bedspace and removal

22 operations.

23 (c) The total amount appropriated under the heading

24 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

25 AND PREPAREDNESS, STATE AND LOCAL PROGRAMS’’ is
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1 hereby increased by $128,000,000. The total amount pro2 vided in the aforementioned heading for discretionary

3 grants is increased by $128,000,000. Of that total amount,

4 as so increased, the amount for rail and transit security

5 grants is increased by $128,000,000.

6 (d) The total amount appropriated under heading

7 ‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION

8 AND PREPAREDNESS, EMERGENCY MANAGEMENT PERFORM9 ANCE GRANTS’’ is hereby increased by $36,000,000. Of such

10 total amount, as so increased, $36,000,000 is provided for

11 emergency management performance grants.

12 (e) In Section 13031(j)(3) of the Consolidated Omnibus

13 Budget Reconciliation Act of 1985 as amended by this Act,

14 strike ‘‘June 1, 2005’’ and insert ‘‘September 30, 2005.’’

15 SEC. 521. Of the amount appropriated by title II for

16 the Office of the Under Secretary for Border and Transpor17 tation Security under the heading ‘‘AIR AND MARINE INTER18 DICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT’’,

19 $5,000,000 may be used for a pilot project to test interoper20 able communications between the first Northern Border Air

21 Wing, Bellingham, Washington, and local law enforcement

22 personnel.

23 SEC. 522. (a) The Secretary of Homeland Security, in

24 consultation with the Secretary of Transportation, shall—
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1 (1) develop and maintain an integrated strategic

2 transportation security plan; and

3 (2) base future budget requests on the plan.

4 (b) The integrated strategic transportation security

5 plan shall—

6 (1) identify and evaluate the United States

7 transportation assets that need to be protected;

8 (2) set risk-based priorities for defending the as9 sets identified;

10 (3) select the most practical and cost-effective

11 ways of defending the assets identified; and

12 (4) assign transportation security roles and mis13 sions to the relevant Federal, State, regional, and

14 local authorities and to the private sector.

15 (c) The Secretary of Homeland Security shall submit

16 the integrated strategic transportation security plan to

17 Congress not later than February 1, 2005 and shall submit

18 updated plans, including assessments of the progress made

19 on implementation of the plan, on the first day of February

20 each year thereafter. Any part of the plan that involves in21 formation that is properly classified under criteria estab22 lished by Executive order shall be submitted to Congress sep23 arately in classified form.

24 SEC. 523. (a) Not later than 180 days after the end

25 of fiscal year 2005, the Secretary of Homeland Security
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1 shall submit a report to Congress that describes the articles,

2 materials, and supplies acquired by the Department of

3 Homeland Security during fiscal year 2005 that were man4 ufactured outside of the United States.

5 (b) The report submitted under subsection (a) shall

6 separately indicate—

7 (1) the dollar value of each of the articles, mate8 rials, and supplies acquired by the Department of

9 Homeland Security that were manufactured outside

10 of the United States;

11 (2) an itemized list of all waivers granted with

12 respect to such articles, materials, or supplies under

13 the Buy American Act (41 U.S.C. 10a et seq.); and

14 (3) a summary of the total funds spent by the

15 Department of Homeland Security on goods manufac16 tured within the United States compared with funds

17 spent by the Department of Homeland Security on

18 goods manufactured outside of the United States.

19 (c) The Secretary of Homeland Security shall make

20 the report submitted under this section publicly available

21 to the maximum extent practicable.

22 SEC. 524. Section 835 of the Homeland Security Act

23 of 2002 (Public Law 107-296; 6 U.S.C. 395) is amended—

24 (1) in subsection (a), by inserting before the pe25 riod ‘‘, or any subsidiary of such an entity’’;
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1 (2) in subsection (b)(1), by inserting ‘‘before, on,

2 or’’ after the ‘‘completes’’;

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

4 after the date of enactment of this Act and’’; and

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

6 and inserting ‘‘national’’.

7 SEC. 525. During fiscal year 2005, the Secretary of

8 Homeland Security and the Secretary of Defense shall per9 mit the New Mexico Army National Guard to continue per10 forming vehicle and cargo inspection activities in support

11 of the Bureau of Customs and Border Protection and the

12 Bureau of Immigration and Customs Enforcement under

13 the authority of the Secretary of Defense to support

14 counterdrug activities of law enforcement agencies.

15 SEC. 526. (a) Not later than 3 months after the date

16 of enactment of this Act, the Secretary of Homeland Secu17 rity shall submit a report to the Committees on Appropria18 tions of the Senate and the House of Representatives and

19 to the Committee on Governmental Affairs and the Com20 mittee on Environment and Public Works of the Senate and

21 the Committee on Homeland Security of the House of Rep22 resentatives on the implementation of Homeland Security

23 Presidential Directive Seven.

24 (b) The report under this section shall include—
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1 (1) the Department’s plan and associated

2 timeline for the mapping of the United States critical

3 infrastructure;

4 (2) an assessment of the resource requirements of

5 relevant States, counties, and local governments so

6 that full participation by those entities may be inte7 grated into the plan;

8 (3) the Department’s plan for oversight of all

9 geospatial information systems management, procure10 ment, and interoperability; and

11 (4) the timeline for creating the Department12 wide Geospatial Information System capability under

13 the direction of the Chief Information Officer.

14 SEC. 527. Notwithstanding any other provision of law,

15 the fiscal year 2004 aggregate overtime limitation pre16 scribed in subsection 5(c)(1) of the Act of February 13, 1911

17 (19 U.S.C. 261 and 267) shall be $30,000 and the total

18 amount appropriated by title II under the heading ‘‘CUS19 TOMS AND BORDER PROTECTION SALARIES AND EX20 PENSES’’ is hereby reduced by $1,000,000.

21 SEC. 528. Not later than 90 days after the date of en22 actment of this Act, and every 90 days thereafter, the Sec23 retary of Homeland Security shall provide to the Committee

24 on Commerce, Science, and Transportation and the Sub25 committee on Homeland Security of the Committee on Ap-
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1 propriations of the Senate, a classified report on the num2 ber of individuals serving as Federal Air Marshals. Such

3 report shall include the number of Federal Air Marshals

4 who are women, minorities, or employees of departments

5 or agencies of the United States Government other than the

6 Department of Homeland Security, the percentage of do7 mestic and international flights that have a Federal Air

8 Marshal aboard, and the rate at which individuals are leav9 ing service as Federal Air Marshals.

10 SEC. 529. (a) Congress finds that (1) there is a dis11 proportionate number of complaints against the Transpor12 tation Security Administration for alleged violations of

13 equal employment opportunity and veterans preference laws

14 as those laws apply to employment of personnel in airport

15 screener positions in the Transportation Security Adminis16 tration, and (2) there is a significant backlog of those com17 plaints remaining unresolved.

18 (b)(1) Not later than 180 days after the date of the

19 enactment of this Act, the Comptroller General shall submit

20 to Congress a report on the personnel policies of the Depart21 ment of Homeland Security that apply to the employment

22 of airport screeners in the Transportation Security Admin23 istration, particularly with regard to compliance with

24 equal employment opportunity and veterans preference

25 laws.
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1 (2) The report under this subsection shall include an

2 assessment of the extent of compliance of the Transportation

3 Security Administration with equal employment oppor4 tunity and veterans’ preference laws as those laws apply

5 to employment of personnel in airport screener positions

6 in the Transportation Security Administration, a discus7 sion of any systemic problems that could have caused the

8 circumstances giving rise to the disproportionate number

9 of complaints described in subsection (a), and the efforts

10 of the Secretary of Homeland Security and the Under Sec11 retary for Border and Transportation Security to eliminate

12 the backlog of unresolved complaints and to correct any sys13 temic problems identified in the report.

14 (3) In conducting the review necessary for preparing

15 the report, the Comptroller General shall examine the expe16 rience regarding the airport screener positions at particular

17 airports in various regions, including the Louis Armstrong

18 New Orleans International Airport.

19 SEC. 530. No funds appropriated or otherwise made

20 available by this Act shall be used to pursue, implement,

21 or enforce any law, procedure, guideline, rule, regulation,

22 or other policy that exposes the identity of an air marshal

23 to any party not designated by the Secretary of the Depart24 ment of Homeland Security.
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1 SEC. 531. (a) The Secretary of Homeland Security, in

2 coordination with the head of the Transportation Security

3 Administration and the Under Secretary for Science and

4 Technology, shall prepare a report on protecting commer5 cial aircraft from the threat of man-portable air defense sys6 tems (referred to in this section as ‘‘MANPADS’’).

7 (b) The report required by subsection (a) shall include

8 the following:

9 (1) An estimate of the number of organizations,

10 including terrorist organizations, that have access to

11 MANPADS and a description of the risk posed by

12 each organization.

13 (2) A description of the programs carried out by

14 the Secretary of Homeland Security to protect com15 mercial aircraft from the threat posed by MANPADS.

16 (3) An assessment of the effectiveness and feasi17 bility of the systems to protect commercial aircraft

18 under consideration by the Under Secretary for

19 Science and Technology for use in phase II of the

20 counter-MANPADS development and demonstration

21 program.

22 (4) A justification for the schedule of the imple23 mentation of phase II of the counter-MANPADS de24 velopment and demonstration program.
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1 (5) An assessment of the effectiveness of other

2 technology that could be employed on commercial air3 craft to address the threat posed by MANPADS, in4 cluding such technology that is—

5 (A) either active or passive;

6 (B) employed by the Armed Forces; or

7 (C) being assessed or employed by other

8 countries.

9 (6) An assessment of alternate technological ap10 proaches to address such threat, including ground11 based systems.

12 (7) A discussion of issues related to any con13 tractor liability associated with the installation or use

14 of technology or systems on commercial aircraft to ad15 dress such threat.

16 (8) A description of the strategies that the Sec17 retary may employ to acquire any technology or sys18 tems selected for use on commercial aircraft at the

19 conclusion of phase II of the counter-MANPADS de20 velopment and demonstration program, including—

21 (A) a schedule for purchasing and installing

22 such technology or systems on commercial air23 craft; and

24 (B) a description of—
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1 (i) the priority in which commercial

2 aircraft will be equipped with such tech3 nology or systems;

4 (ii) any efforts to coordinate the sched5 ules for installing such technology or system

6 with private airlines;

7 (iii) any efforts to ensure that aircraft

8 manufacturers integrate such technology or

9 systems into new aircraft; and

10 (iv) the cost to operate and support

11 such technology or systems on a commercial

12 aircraft.

13 (9) A description of the plan to expedite the use

14 of technology or systems on commercial aircraft to ad15 dress the threat posed by MANPADS if intelligence or

16 events indicate that the schedule for the use of such

17 technology or systems, including the schedule for car18 rying out development and demonstration programs

19 by the Secretary, should be expedited.

20 (10) A description of the efforts of the Secretary

21 to survey and identify the areas at domestic and for22 eign airports where commercial aircraft are most vul23 nerable to attack by MANPADS.

24 (11) A description of the cooperation between the

25 Secretary and the Administrator of the Federal Avia-
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1 tion Administration to certify the airworthiness and

2 safety of technology and systems to protect commer3 cial aircraft from the risk posed by MANPADS in an

4 expeditious manner.

5 (c) The report required by subsection (a) shall be trans6 mitted to Congress along with the budget for fiscal year

7 2006 submitted by the President pursuant to section

8 1105(a) of title 31, United States Code.

9 SEC. 532. None of the funds available in this Act shall

10 be available to maintain the United States Secret Service

11 as anything but a distinct entity within the Department

12 of Homeland Security and shall not be used to merge the

13 United States Secret Service with any other department

14 function, cause any personnel and operational elements of

15 the United States Secret Service to report to an individual

16 other than the Director of the United States Secret Service,

17 or cause the Director to report directly to any individual

18 other than the Secretary of Homeland Security.

19 SEC. 533. DATA-MINING REPORT. (a) DEFINITIONS.—

20 In this section:

21 (1) DATA-MINING.—The term ‘‘data-mining’’

22 means a query or search or other analysis of 1 or

23 more electronic databases, where—

24 (A) at least 1 of the databases was obtained

25 from or remains under the control of a non-Fed-
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1 eral entity, or the information was acquired ini2 tially by another department or agency of the

3 Federal Government;

4 (B) the search does not use a specific indi5 vidual’s personal identifiers to acquire informa6 tion concerning that individual; and

7 (C) a department or agency of the Federal

8 Government or a non-Federal entity acting on

9 behalf of the Federal Government is conducting

10 the query or search or other analysis to find a

11 pattern indicating terrorist, criminal, or other

12 law enforcement related activity.

13 (2) DATABASE.—The term ‘‘database’’ does not

14 include telephone directories, information publicly

15 available via the Internet or available by any other

16 means to any member of the public without payment

17 of a fee, or databases of judicial and administrative

18 opinions.

19 (b) REPORTS ON DATA-MINING ACTIVITIES.—

20 (1) REQUIREMENT FOR REPORT.—The head of

21 each agency in the Department of Homeland Security

22 or the privacy officer, if applicable, that is engaged

23 in any activity to use or develop data-mining tech24 nology shall each submit a public report to Congress
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1 on all such activities of the agency under the jurisdic2 tion of that official.

3 (2) CONTENT OF REPORT.—A report submitted

4 under paragraph (1) shall include, for each activity

5 to use or develop data-mining technology that is re6 quired to be covered by the report, the following infor7 mation:

8 (A) A thorough description of the data-min9 ing technology, the plans for the use of such tech10 nology, the data that will be used, and the target

11 dates for the deployment of the data-mining tech12 nology.

13 (B) An assessment of the likely impact of

14 the implementation of the data-mining tech15 nology on privacy and civil liberties.

16 (C) A thorough discussion of the policies,

17 procedures, and guidelines that are to be devel18 oped and applied in the use of such technology

19 for data-mining in order to—

20 (i) protect the privacy and due process

21 rights of individuals; and

22 (ii) ensure that only accurate informa23 tion is collected and used.

24 (D) Any necessary classified information in

25 an annex that shall be available to the Com-
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1 mittee on Governmental Affairs, the Committee

2 on the Judiciary, and the Committee on Appro3 priations of the Senate and the Committee on

4 Homeland Security, the Committee on the Judi5 ciary, and the Committee on Appropriations of

6 the House of Representatives.

7 (3) TIME FOR REPORT.—Each report required

8 under paragraph (1) shall be submitted not later than

9 90 days after the end of fiscal year 2005.

10 SEC. 534. (a) Of any funds previously made available

11 to the Federal Emergency Management Agency in response

12 to the September 11, 2001, attacks in New York City, not

13 less than $4,450,000 shall be provided, subject to the request

14 of the Governor of New York, to those mental health coun15 seling service entities that have historically provided mental

16 health counseling through Project Liberty to personnel of

17 the New York City Police Department, the New York City

18 Fire Department, and other emergency services agencies, to

19 continue such counseling.

20 SEC. 535. SENSE OF THE SENATE CONCERNING THE

21 AMERICAN RED CROSS AND CRITICAL BIOMEDICAL SYS22 TEMS. (a) FINDINGS.—The Senate finds that—

23 (1) the blood supply is a vital public health re24 source that must be readily available at all times,
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1 particularly in response to terrorist attacks and nat2 ural disasters;

3 (2) the provision of blood is an essential part of

4 the critical infrastructure of the United States and

5 must be protected from threats of terrorism;

6 (3) disruption of the blood supply or the compro7 mising of its integrity could have wide-ranging im8 plications on the ability of the United States to react

9 in a crisis; and

10 (4) the need exists to ensure that blood collection

11 facilities maintain adequate inventories to prepare

12 for disasters at all times in all locations.

13 (b) SENSE OF THE SENATE.—It is the sense of the Sen14 ate that the Department of Homeland Security’s Informa15 tion Analysis and Infrastructure Protection should consult

16 with the American Red Cross to—

17 (1) identify critical assets and interdependencies;

18 (2) perform vulnerability assessments; and

19 (3) identify necessary resources to implement

20 protective measures to ensure continuity of operations

21 and security of information technology systems for

22 blood and blood products.

23 SEC. 536. It is the sense of the Senate that—

24 (1) the Director of the Office for State and Local

25 Government Coordination and Preparedness be given
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1 limited authority to approve requests from the senior

2 official responsible for emergency preparedness and

3 response in each State to reprogram funds appro4 priated for the State Homeland Security Grant Pro5 gram of the Office for State and Local Government

6 Coordination and Preparedness to address specific se7 curity requirements that are based on credible threat

8 assessments, particularly threats that arise after the

9 State has submitted an application describing its in10 tended use of such grant funds;

11 (2) for each State, the amount of funds repro12 grammed under this section should not exceed 10 per13 cent of the total annual allocation for such State

14 under the State Homeland Security Grant Program;

15 and

16 (3) before reprogramming funds under this sec17 tion, a State official described in paragraph (1)

18 should consult with relevant local officials.

19 SEC. 537. DISASTER ASSISTANCE EMPLOYEE CADRES

20 OF EMERGENCY PREPAREDNESS AND RESPONSE DIREC21 TORATE.

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity is encouraged to place special emphasis on the recruit24 ment of American Indians, Alaska Natives, and Native Ha25 waiians for positions within Disaster Assistance Employee
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1 cadres maintained by the Emergency Preparedness and Re2 sponse Directorate.

3 (b) REPORT.—The Secretary of Homeland Security

4 shall report periodically to the Senate and the House of

5 Representatives with respect to—

6 (1) the representation of American Indians,

7 Alaska Natives, and Native Hawaiians in the Dis8 aster Assistance Employee cadres; and

9 (2) the efforts of the Secretary of Homeland Se10 curity to increase the representation of such individ11 uals in the cadres.

12 SEC. 538. Sections 702 and 703 of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 342 and 343) are amended by

14 striking ‘‘, or to another official of the Department, as the

15 Secretary may direct’’ each place it appears.

16 SEC. 539. Section 208(a) of Public Law 108–137; 117

17 Stat. 1849 is amended by striking ‘‘current’’ and inserting

18 ‘‘2005’’.

19 SEC. 540. LIAISON FOR DISASTER EMERGENCIES. (a)

20 DEPLOYMENT OF DISASTER LIAISON.—If requested by the

21 Governor or the appropriate State agency of the affected

22 State, the Secretary of Agriculture may deploy disaster liai23 sons to State and local Department of Agriculture Service

24 Centers in a federally declared disaster area whenever Fed25 eral Emergency Management Agency Personnel are de-
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1 ployed in that area, to coordinate Department programs

2 with the appropriate disaster agencies designated under the

3 Robert T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5121 et seq.).

5 (b) QUALIFICATIONS.—A disaster liaison shall be se6 lected from among Department employees who have experi7 ence providing emergency disaster relief in federally de8 clared disaster areas.

9 (c) DUTIES.—A disaster liaison shall—

10 (1) serve as a liaison to State and Federal

11 Emergency Services;

12 (2) be deployed to a federally declared disaster

13 area to coordinate Department interagency programs

14 in assistance to agricultural producers in the declared

15 disaster area;

16 (3) facilitate the claims and applications of agri17 cultural producers who are victims of the disaster

18 that are forwarded to the Department by the appro19 priate State Department of Agriculture agency direc20 tor; and

21 (4) coordinate with the Director of the State of22 fice of the appropriate Department agency to assist

23 with the application for and distribution of economic

24 assistance.
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1 (d) DURATION OF DEPLOYMENT.—The deployment of

2 a disaster liaison under subsection (a) may not exceed 30

3 days.

4 (e) DEFINITION.—In this section, the term ‘‘federally

5 declared disaster area’’ means—

6 (1) an area covered by a Presidential declaration

7 of major disaster, including a disaster caused by a

8 wildfire, issued under section 301 of the Robert T.

9 Stafford Disaster Relief and Emergency Assistance

10 Act (42 U.S.C. 5170); or

11 (2) determined to be a disaster area, including

12 a disaster caused by a wildfire, by the Secretary

13 under subpart A of part 1945 of title 7, Code of Fed14 eral Regulations.

15 TITLE VI—EMERGENCY AGRICULTURAL

16 DISASTER ASSISTANCE

17 SEC. 601. CROP DISASTER ASSISTANCE. (a) DEFINI18 TIONS.—In this section:

19 (1) ADDITIONAL COVERAGE.—The term ‘‘addi20 tional coverage’’ has the meaning given the term in

21 section 502(b) of the Federal Crop Insurance Act (7

22 U.S.C. 1502(b)).

23 (2) INSURABLE COMMODITY.—The term ‘‘insur24 able commodity’’ means an agricultural commodity

25 (excluding livestock) for which the producers on a
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1 farm are eligible to obtain a policy or plan of insur2 ance under the Federal Crop Insurance Act (7 U.S.C.

3 1501 et seq.).

4 (3) NONINSURABLE COMMODITY.—The term

5 ‘‘noninsurable commodity’’ means an eligible crop for

6 which the producers on a farm are eligible to obtain

7 assistance under section 196 of the Federal Agri8 culture Improvement and Reform Act of 1996 (7

9 U.S.C. 7333).

10 (b) EMERGENCY FINANCIAL ASSISTANCE.—Notwith11 standing section 508(b)(7) of the Federal Crop Insurance

12 Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (re13 ferred to in this title as the ‘‘Secretary’’) shall use such sums

14 as are necessary of funds of the Commodity Credit Corpora15 tion to make emergency financial assistance authorized

16 under this section available to producers on a farm that

17 have incurred qualifying crop or quality losses for the 2003

18 or 2004 crop (as elected by a producer), but not both, due

19 to damaging weather or related condition, as determined

20 by the Secretary.

21 (c) ADMINISTRATION.—The Secretary shall make as22 sistance available under this section in the same manner

23 as provided under section 815 of the Agriculture, Rural De24 velopment, Food and Drug Administration, and Related

25 Agencies Appropriations Act, 2001 (Public Law 106–387;
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1 114 Stat. 1549A–55), including using the same loss thresh2 olds for the quantity and quality losses as were used in ad3 ministering that section.

4 (d) REDUCTION IN PAYMENTS.—The amount of assist5 ance that a producer would otherwise receive for a quali6 fying crop or quality loss under this section shall be reduced

7 by the amount of assistance that the producer receives under

8 the crop loss assistance program announced by the Sec9 retary on August 27, 2004.

10 (e) INELIGIBILITY FOR ASSISTANCE.—Except as pro11 vided in subsection (f), the producers on a farm shall not

12 be eligible for assistance under this section with respect to

13 losses to an insurable commodity or noninsurable com14 modity if the producers on the farm—

15 (1) in the case of an insurable commodity, did

16 not obtain a policy or plan of insurance for the in17 surable commodity under the Federal Crop Insurance

18 Act (7 U.S.C. 1501 et seq.) for the crop incurring the

19 losses; and

20 (2) in the case of a noninsurable commodity, did

21 not file the required paperwork, and pay the adminis22 trative fee by the applicable State filing deadline, for

23 the noninsurable commodity under section 196 of the

24 Federal Agriculture Improvement and Reform Act of
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1 1996 (7 U.S.C. 7333) for the crop incurring the

2 losses.

3 (f) CONTRACT WAIVER.—The Secretary may waive

4 subsection (e) with respect to the producers on a farm if

5 the producers enter into a contract with the Secretary under

6 which the producers agree—

7 (1) in the case of an insurable commodity, to ob8 tain a policy or plan of insurance under the Federal

9 Crop Insurance Act (7 U.S.C. 1501 et seq.) providing

10 additional coverage for the insurable commodity for

11 each of the next 2 crops; and

12 (2) in the case of a noninsurable commodity, to

13 file the required paperwork and pay the administra14 tive fee by the applicable State filing deadline, for the

15 noninsurable commodity for each of the next 2 crops

16 under section 196 of the Federal Agriculture Improve17 ment and Reform Act of 1996 (7 U.S.C. 7333).

18 (g) EFFECT OF VIOLATION.—In the event of the viola19 tion of a contract under subsection (f) by a producer, the

20 producer shall reimburse the Secretary for the full amount

21 of the assistance provided to the producer under this section.

22 SEC. 602. LIVESTOCK ASSISTANCE PROGRAM. (a) IN

23 GENERAL.—The Secretary shall use such sums as are nec24 essary of funds of the Commodity Credit Corporation to

25 make and administer payments for livestock losses to pro-
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1 ducers for 2003 or 2004 losses (as elected by a producer),

2 but not both, in a county that has received an emergency

3 designation by the President or the Secretary after January

4 1, 2003, of which an amount determined by the Secretary

5 shall be made available for the American Indian livestock

6 program under section 806 of the Agriculture, Rural Devel7 opment, Food and Drug Administration, and Related Agen8 cies Appropriations Act, 2001 (Public Law 106–387; 114

9 Stat. 1549A–51).

10 (b) ADMINISTRATION.—The Secretary shall make as11 sistance available under this section in the same manner

12 as provided under section 806 of the Agriculture, Rural De13 velopment, Food and Drug Administration, and Related

14 Agencies Appropriations Act, 2001 (Public Law 106–387;

15 114 Stat. 1549A–51).

16 (c) MITIGATION.—In determining the eligibility for or

17 amount of payments for which a producer is eligible under

18 the livestock assistance program, the Secretary shall not pe19 nalize a producer that takes actions (recognizing disaster

20 conditions) that reduce the average number of livestock the

21 producer owned for grazing during the production year for

22 which assistance is being provided.

23 SEC. 603. TREE ASSISTANCE PROGRAM. The Secretary

24 shall use such sums as are necessary of the funds of the

25 Commodity Credit Corporation to provide assistance under
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1 the tree assistance program established under subtitle C of

2 title X of the Farm Security and Rural Investment Act of

3 2002 to producers who suffered tree losses during the winter

4 of 2003 through 2004.

5 SEC. 604. COMMODITY CREDIT CORPORATION. The

6 Secretary shall use the funds, facilities, and authorities of

7 the Commodity Credit Corporation to carry out this title.

8 SEC. 605. REGULATIONS. (a) IN GENERAL.—The Sec9 retary may promulgate such regulations as are necessary

10 to implement this title.

11 (b) PROCEDURE.—The promulgation of the regulations

12 and administration of this title shall be made without re13 gard to—

14 (1) the notice and comment provisions of section

15 553 of title 5, United States Code;

16 (2) the Statement of Policy of the Secretary of

17 Agriculture effective July 24, 1971 (36 Fed. Reg.

18 13804), relating to notices of proposed rulemaking

19 and public participation in rulemaking; and

20 (3) chapter 35 of title 44, United States Code

21 (commonly known as the ‘‘Paperwork Reduction

22 Act’’).

23 (c) CONGRESSIONAL REVIEW OF AGENCY RULE24 MAKING.—In carrying out this section, the Secretary shall
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1 use the authority provided under section 808 of title 5,

2 United States Code.

3 SEC. 606. EMERGENCY DESIGNATION. Amounts appro4 priated or otherwise made available in this title are each

5 designated as an emergency requirement pursuant to sec6 tion 402 of S. Con. Res. 95 (108th Congress), as made ap7 plicable to the House of Representatives by H. Res. 649

8 (108th Congress) and applicable to the Senate by section

9 14007 of the Department of Defense Appropriations Act,

10 2005 (Public Law 108–287; 118 Stat. 1014).

11 This Act may be cited as the ‘‘Department of Home12 land Security Appropriations Act, 2005’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4567

AMENDMENT