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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4567 Reported in House (RH)]

                                                 Union Calendar No. 313
108th CONGRESS
  2d Session
                                H. R. 4567

                          [Report No. 108-541]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2004

Mr. Rogers of Kentucky, from the Committee on Appropriations, reported 
 the following bill; which was committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

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

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

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

        For necessary expenses of the Office of the Secretary of 
Homeland Security, as authorized by section 102 of the Homeland 
Security Act of 2002 (6 U.S.C. 112), and executive management of the 
Department of Homeland Security, as authorized by law, $80,227,000: 
Provided, That not to exceed $45,000 shall be for official reception 
and representation expenses.

              Office of the Under Secretary for Management

        For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701-705 of the Homeland Security 
Act of 2002 (6 U.S.C. 341-345), $179,806,000: Provided, That not to 
exceed $5,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount provided, 
$65,081,000 shall remain available until expended for costs necessary 
to consolidate headquarters operations at the Nebraska Avenue Complex, 
including tenant improvements and relocation costs.

                 Office of the Chief Financial Officer

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

                Office of the Chief Procurement Officer

    For necessary expenses of the Office of the Chief Procurement 
Officer, $7,734,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $60,139,000.

                 Department-Wide Technology Investments

        For development and acquisition of information technology 
equipment, software, services, and related activities for the 
Department of Homeland Security, and for the costs of conversion to 
narrowband communications, including the cost for operation of the land 
mobile radio legacy systems, $211,000,000, to remain available until 
expended: Provided, That none of the funds appropriated shall be used 
to support or supplement the appropriations provided for the United 
States Visitor and Immigrant Status Indicator Technology project or the 
Automated Commercial Environment.

                      Office of Inspector General

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

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

  Office of the Under Secretary for Border and Transportation Security

                         salaries and expenses

        For necessary expenses of the Office of the Under Secretary for 
Border and Transportation Security, as authorized by subtitle A of 
title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), 
$10,371,000.

    united states visitor and immigrant status indicator technology

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

                     Customs and Border Protection

                         salaries and expenses

        For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,611,911,000, of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to Public Law 103-182 
and notwithstanding section 1511(e)(1) of Public Law 107-296; of which 
not to exceed $40,000 shall be for official reception and 
representation expenses; of which not to exceed $176,162,000 shall 
remain available until September 30, 2006, for inspection and 
surveillance technology, unmanned aerial vehicles, and equipment for 
the Container Security Initiative; of which such sums as become 
available in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; of which not 
to exceed $1,000,000 shall be for awards of compensation to informants, 
to be accounted for solely under the certificate of the Under Secretary 
for Border and Transportation Security; and of which not to exceed 
$5,000,000 shall be available for payments or advances arising out of 
contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
immigration: Provided, That for fiscal year 2005, the aggregate 
overtime limitation prescribed in section 5(c)(1) of the Act of 
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
notwithstanding any other provision of law, none of the funds 
appropriated in this Act may be available to compensate any employee of 
U.S. Customs and Border Protection for aggregate overtime and premium 
pay, from whatever source, in an amount that exceeds such limitation, 
except in individual cases determined by the Under Secretary for Border 
and Transportation Security, or a designee, to be necessary for 
national security purposes, to prevent excessive costs, or in cases of 
immigration emergencies: Provided further, That none of the funds 
appropriated in this Act may be obligated to construct permanent Border 
Patrol checkpoints in the U.S. Customs and Border Protection's Tucson 
sector: Provided further, That the Commissioner, U.S. Customs and 
Border Protection, is directed to submit to the Committees on 
Appropriations of the Senate and the House of Representatives a plan 
for expenditure that includes location, design, costs, and benefits of 
each proposed Tucson sector permanent checkpoint: Provided further, 
That U.S. Customs and Border Protection shall relocate its tactical 
checkpoints in the Tucson sector at least an average of once every 14 
days in a manner designed to prevent persons subject to inspection from 
predicting the location of any such checkpoint.

                        automation modernization

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

                              construction

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

                  Immigration and Customs Enforcement

                         salaries and expenses

        For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and purchase 
and lease of up to 2,300 (2,000 for replacement only) police-type 
vehicles; $2,377,006,000, of which not to exceed $5,000,000 shall be 
available until expended for conducting special operations pursuant to 
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); 
of which not to exceed $15,000 shall be for official reception and 
representation expenses; of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Under Secretary for Border and Transportation 
Security; of which not less than $100,000 shall be for promotion of 
public awareness of the child pornography tipline; of which not less 
than $200,000 shall be for Project Alert; and of which not to exceed 
$16,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That none of the 
funds appropriated shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the 
Under Secretary for Border and Transportation Security may waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $3,000,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2005, of which not to exceed 
$2,000,000 shall remain available until expended.

                          federal air marshals

        For necessary expenses of the Federal air marshals, 
$662,900,000, to remain available until expended.

                       federal protective service

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

                        automation modernization

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

                              construction

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

 air and marine interdiction, operations, maintenance, and procurement

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

                 Transportation Security Administration

                           aviation security

        For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71), $4,270,564,000, to remain available until expended, of which 
not to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount provided under this 
heading, not to exceed $2,016,814,000 shall be for passenger screening 
activities; not to exceed $1,406,460,000 shall be for baggage screening 
activities; and not to exceed $847,290,000 shall be for airport 
security direction and enforcement: Provided further, That security 
service fees authorized under section 44940 of title 49, United States 
Code, shall be credited to this appropriation as offsetting 
collections: Provided further, That the sum herein appropriated from 
the General Fund shall be reduced on a dollar-for-dollar basis as such 
offsetting collections are received during fiscal year 2005, so as to 
result in a final fiscal year appropriation from the General Fund 
estimated at not more than $2,447,564,000: Provided further, That any 
security service fees collected pursuant to section 118 of Public Law 
107-71 in excess of the amount appropriated under this heading shall be 
treated as offsetting collections in fiscal year 2006: Provided 
further, That none of the funds in this Act shall be used to recruit or 
hire personnel into the Transportation Security Administration which 
would cause the agency to exceed a staffing level of 45,000 full-time 
equivalent screeners: Provided further, That notwithstanding section 
44923 of title 49 United States Code, the Federal Government's share of 
the cost of a project under any letter of intent shall be 75 percent 
for any medium or large hub airport and 90 percent for any other 
airport, and all funding provided by subsection (h) of such section, or 
from appropriations authorized by subsection (i)(1) of such section, 
may be distributed in any manner deemed necessary to ensure aviation 
security and to fulfill the Federal Government's planned cost share 
under existing letters of intent.

                       maritime and land security

        For necessary expenses of the Transportation Security 
Administration related to maritime and land transportation security 
grants and services pursuant to the Aviation and Transportation 
Security Act (Public Law 107-71), $65,000,000, to remain available 
until September 30, 2006.
    In addition, from fees authorized by section 520 of Public Law 108-
90, up to $67,000,000 is available until expended: Provided, That in 
fiscal year 2005, other funds under this heading may be used for 
initial administrative costs of such credentialing activities.

                              intelligence

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

                        research and development

        For necessary expenses for research and development related to 
transportation security, $174,000,000, to remain available until 
expended.

                             administration

        For necessary expenses for administrative activities of the 
Transportation Security Administration to carry out the Aviation and 
Transportation Security Act (Public Law 107-71), $524,852,000, to 
remain available until September 30, 2006.

                       United States Coast Guard

                           operating expenses

        For necessary expenses for the operation and maintenance of the 
Coast Guard not otherwise provided for; purchase or lease of not to 
exceed 25 passenger motor vehicles for replacement only; payments 
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note) and 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and 
recreation and welfare; $5,171,220,000, of which $1,204,000,000 shall 
be for defense-related activities; of which $24,500,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990; and of 
which not to exceed $3,000 shall be for official reception and 
representation expenses: Provided, That none of the funds appropriated 
by this or any other Act shall be available for administrative expenses 
in connection with shipping commissioners in the United States: 
Provided further, That none of the funds provided by this Act shall be 
available for expenses incurred for yacht documentation under section 
12109 of title 46, United States Code, except to the extent fees are 
collected from yacht owners and credited to this appropriation: 
Provided further, That notwithstanding section 1116(c) of title 10, 
United States Code, amounts made available under this heading may be 
used to make payments into the Department of Defense Medicare-Eligible 
Retiree Health Care Fund for fiscal year 2005 under section 1116(a) of 
such title.

                environmental compliance and restoration

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

                            reserve training

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

              acquisition, construction, and improvements

                    (including rescission of funds)

        For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore facilities, 
vessels, and aircraft, including equipment related thereto; and 
maintenance, rehabilitation, lease and operation of facilities and 
equipment, as authorized by law, $936,550,000, of which $20,000,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990; of 
which $19,750,000 shall be available until September 30, 2009, to 
acquire, repair, renovate, or improve vessels, small boats, and related 
equipment; of which $1,800,000 shall be available until September 30, 
2009, to increase aviation capability; of which $138,000,000 shall be 
available until September 30, 2007, for other equipment; of which 
$5,000,000 shall be available until September 30, 2007, for shore 
facilities and aids to navigation of which $73,000,000 shall be 
available until September 30, 2006, for personnel compensation and 
benefits and related costs; and of which $679,000,000 shall be 
available until September 30, 2009, for the Integrated Deepwater 
Systems program: Provided, That the Secretary of Homeland Security 
shall submit to the Congress, in conjunction with the President's 
fiscal year 2006 budget, a new Deepwater baseline that identifies 
revised acquisition timelines for each asset contained in the Deepwater 
program; a timeline and detailed justification for each new asset that 
is determined to be necessary to fulfill homeland and national security 
functions or multi-agency procurements as identified by the Joint 
Requirements Council; a detailed description of the revised mission 
requirements and their corresponding impact on the Deepwater program's 
acquisition timeline; and funding levels for each asset, whether new or 
continuing: Provided further, That the Secretary shall annually submit 
to the Congress, at the time that the President's budget is submitted 
under section 1105(a) of title 31, a future-years capital investment 
plan for the Coast Guard that identifies for each capital budget line 
item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next five fiscal years or until project completion, whichever 
        is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Congress:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31 
for that fiscal year: Provided further, That any inconsistencies 
between the capital investment plan and proposed appropriations shall 
be identified and justified. In addition, of the funds appropriated 
under this heading in Public Law 108-90 and Public Law 108-7, 
$33,000,000 are rescinded.

                         alteration of bridges

        For necessary expenses for alteration or removal of obstructive 
bridges, $16,400,000, to remain available until expended.

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

        For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 610 vehicles for police-type use, 
which shall be for replacement only, and hire of passenger motor 
vehicles; purchase of American-made motorcycles; hire of aircraft; 
services of expert witnesses at such rates as may be determined by the 
Director; rental of buildings in the District of Columbia, and fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary to 
perform protective functions; payment of per diem or subsistence 
allowances to employees where a protective assignment during the actual 
day or days of the visit of a protectee requires an employee to work 16 
hours per day or to remain overnight at his or her post of duty; 
conduct of and participation in firearms matches; presentation of 
awards; travel of Secret Service employees on protective missions 
without regard to the limitations on such expenditures in this or any 
other Act if approval is obtained in advance from the Committees on 
Appropriations of the Senate and the House of Representatives; research 
and development; grants to conduct behavioral research in support of 
protective research and operations; and payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; $1,179,125,000, of which not to exceed $30,000 shall be for 
official reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; of 
which $2,100,000 shall be for forensic and related support of 
investigations of missing and exploited children; and of which 
$5,000,000 shall be a grant for activities related to the 
investigations of exploited children and shall remain available until 
expended: Provided, That up to $18,000,000 provided for protective 
travel shall remain available until September 30, 2006: Provided 
further, That not less than $10,000,000 for the costs of planning, 
preparing for, and conducting security operations for National Special 
Security Events shall be available until September 30, 2006: Provided 
further, That the United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from agencies and 
entities, as defined in section 105 of title 5, United States Code, 
receiving training sponsored by the James J. Rowley Training Center, 
except that total obligations at the end of the fiscal year shall not 
exceed total budgetary resources available under this heading at the 
end of the fiscal year.

     acquisition, construction, improvements, and related expenses

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

                  TITLE III--PREPAREDNESS AND RECOVERY

  Office for State and Local Government Coordination and Preparedness

                         salaries and expenses

    For necessary expenses for the Office for State and Local 
Government Coordination and Preparedness, as authorized by sections 430 
and 801 of the Homeland Security Act of 2002 (6 U.S.C. 238 and 361), 
$41,432,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $3,423,900,000, which shall be allocated as follows:
            (1) $1,250,000,000 for formula-based grants and 
        $500,000,000 for law enforcement terrorism prevention grants 
        pursuant to section 1014 of the USA PATRIOT Act of 2001 (42 
        U.S.C. 3714): Provided, That the application for grants shall 
        be made available to States within 45 days after enactment of 
        this Act; that States shall submit applications within 30 days 
        after the grant announcement; and that the Office for State and 
        Local Government Coordination and Preparedness shall act within 
        15 days after receipt of an application: Provided further, That 
        each State shall obligate not less than 80 percent of the total 
        amount of the grant to local governments within 60 days after 
        the grant award;
            (2) $1,000,000,000 for discretionary grants for use in 
        high-threat, high-density urban areas and for rail and transit 
        security, as determined by the Secretary of Homeland Security: 
        Provided, That not less than 80 percent of any grant to a State 
        shall be made available by the State to local governments 
        within 60 days after their receipt of the funds: Provided 
        further, That section 1014(c)(3) of the USA PATRIOT Act of 2001 
        (42 U.S.C. 3714(c)(3)) shall not apply to these grants: 
        Provided further, That of the funds provided, not less than 
        $100,000,000 shall be used for rail and transit security 
        grants;
            (3) $170,000,000 for emergency management performance 
        grants pursuant to section 1014 of the USA PATRIOT Act of 2001 
        (42 U.S.C. 3714), as authorized by the National Flood Insurance 
        Act of 1968 and the Flood Disaster Protection Act of 1973 (42 
        U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
        Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et 
        seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App): 
        Provided, That total administrative costs shall not exceed 3 
        percent of the total appropriation; and
            (4) $125,000,000 for port security grants, which shall be 
        distributed under the same terms and conditions as provided for 
        under Public Law 107-117: Provided, That section 1014(c)(3) of 
        the USA PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall not 
        apply to these grants:
Provided, That except for port security grants under paragraph (4) of 
this heading, none of the funds appropriated under this heading shall 
be used for construction or renovation of facilities: Provided further, 
That funds appropriated for law enforcement terrorism prevention grants 
under paragraph (1) and discretionary grants under paragraph (2) of 
this heading shall be available for operational costs, to include 
personnel overtime and overtime associated with Office for State and 
Local Government Coordination and Preparedness certified training, as 
needed: Provided further, That grantees shall provide reports on their 
use of funds, as deemed necessary by the Secretary of Homeland 
Security: Provided further, That the Office for State and Local 
Government Coordination and Preparedness shall complete the development 
of mission essential tasks by July 31, 2004; the fiscal year 2005 State 
grant guidance shall include instructions for the completion of State 
baseline assessments; a Federal response capabilities inventory shall 
be completed by March 15, 2005; and the Office for State and Local 
Government Coordination and Preparedness shall provide quarterly 
reports to the Committees on Appropriations of the Senate and the House 
of Representatives on the implementation of Homeland Security 
Presidential Directive-8, beginning October 1, 2004.

                     firefighter assistance grants

    For necessary expenses for programs authorized by section 33 of the 
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), 
$600,000,000, to remain available until September 30, 2006: Provided, 
That not to exceed 5 percent of this amount shall be available for 
program administration.

                         Counterterrorism Fund

        For necessary expenses, as determined by the Secretary of 
Homeland Security, to reimburse any Federal agency for the costs of 
providing support to counter, investigate, or respond to unexpected 
threats or acts of terrorism, including payment of rewards in 
connection with these activities, $10,000,000, to remain available 
until expended: Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives 15 days prior to the obligation of any amount of these 
funds in accordance with section 503 of this Act.

                  Emergency Preparedness and Response

 office of the under secretary for emergency preparedness and response

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

            preparedness, mitigation, response, and recovery

        For necessary expenses for preparedness, mitigation, response, 
and recovery activities of the Emergency Preparedness and Response 
Directorate, $210,499,000, including activities authorized by the 
National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2201 et seq.), the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National 
Security Act of 1947 (50 U.S.C. 404, 405, 411), Reorganization Plan No. 
3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.).

                 administrative and regional operations

        For necessary expenses for administrative and regional 
operations of the Emergency Preparedness and Response Directorate, 
$203,939,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et 
seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405, 411), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): 
Provided, That not to exceed $4,000 shall be for official reception and 
representation expenses.

                         public health programs

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

                            disaster relief

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

            disaster assistance direct loan program account

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

                      flood map modernization fund

        For necessary expenses pursuant to section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $150,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3 percent of 
the total appropriation.

              radiological emergency preparedness program

        The aggregate charges assessed during fiscal year 2005, as 
authorized by the Energy and Water Development Appropriations Act, 2001 
(as enacted into law by Public Law 106-377), shall not be less than 100 
percent of the amounts anticipated by the Department of Homeland 
Security necessary for its radiological emergency preparedness program 
for the next fiscal year: Provided, That the methodology for assessment 
and collection of fees shall be fair and equitable and shall reflect 
costs of providing such services, including administrative costs of 
collecting such fees: Provided further, That fees received under this 
heading shall be deposited in this account as offsetting collections 
and will become available for authorized purposes on October 1, 2005, 
and remain available until expended.

                     national flood insurance fund

                     (including transfer of funds)

        For activities under the National Flood Insurance Act of 1968 
(42 U.S.C. 4011 et seq.), and the Flood Disaster Protection Act of 1973 
(42 U.S.C. 4001 et seq.), not to exceed $33,336,000 for salaries and 
expenses associated with flood mitigation and flood insurance 
operations; and not to exceed $79,257,000 for flood hazard mitigation, 
to remain available until September 30, 2006, including up to 
$20,000,000 for expenses under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), which amount shall be 
available for transfer to the National Flood Mitigation Fund until 
September 30, 2006, and which amount shall be derived from offsetting 
collections assessed and collected pursuant to section 1307 of that Act 
(42 U.S.C. 4014), and shall be retained and used for necessary expenses 
under this heading: Provided, That in fiscal year 2005, no funds in 
excess of: (1) $55,000,000 for operating expenses; (2) $562,881,000 for 
agents' commissions and taxes; and (3) $30,000,000 for interest on 
Treasury borrowings shall be available from the National Flood 
Insurance Fund.

                     national flood mitigation fund

                     (including transfer of funds)

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

                 national pre-disaster mitigation fund

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

                       emergency food and shelter

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

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

                  Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center

                         salaries and expenses

        For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; purchase of not to exceed 117 vehicles for 
police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal cell phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code, $183,440,000, of which up to $36,174,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2006; and of which not to 
exceed $12,000 shall be for official reception and representation 
expenses: Provided, That the Center is authorized to obligate funds in 
anticipation of reimbursements from agencies receiving training 
sponsored by the Center, except that total obligations at the end of 
the fiscal year shall not exceed total budgetary resources available at 
the end of the fiscal year.

     acquisition, construction, improvements, and related expenses

        For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $37,917,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

           Information Analysis and Infrastructure Protection

                     management and administration

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

                      assessments and evaluations

        For necessary expenses for information analysis and 
infrastructure protection, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $722,512,000, to remain 
available until September 30, 2006.

                         Science and Technology

                     management and administration

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

           research, development, acquisition and operations

        For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,063,713,000, to remain 
available until expended.

                      TITLE V--GENERAL PROVISIONS

                     (including transfers of funds)

        Sec. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
        Sec. 502. Subject to the requirements of section 503 of this 
Act, the unexpended balances of prior appropriations provided for 
activities in this Act may be transferred to appropriation accounts for 
such activities established pursuant to this Act: Provided, That 
balances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
        Sec. 503 (a) None of the funds provided by this Act, provided 
by previous appropriation Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; or (4) proposes 
to use funds directed for a specific activity by either the House or 
Senate Committees on Appropriations for a different purpose; unless 
both Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
        (b) None of the funds provided by this Act, provided by 
previous appropriation Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
        (c) Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of Homeland Security by 
this Act or provided by previous appropriation Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
subsection shall be treated as a reprogramming of funds under 
subsection (b) and shall not be available for obligation unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
        Sec. 504. Except as otherwise specifically provided by law, not 
to exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2005 from appropriations for salaries and expenses 
for fiscal year 2005 in this Act shall remain available through 
September 30, 2006, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
        Sec. 505. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2005 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2005.
        Sec. 506. The Federal Law Enforcement Training Center shall 
establish an accrediting body, to include representatives from the 
Federal law enforcement community and non-Federal accreditation experts 
involved in law enforcement training, to establish standards for 
measuring and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors.
        Sec. 507. None of the funds in this Act may be used to make a 
grant unless the Secretary of Homeland Security notifies the Committees 
on Appropriations of the Senate and the House of Representatives not 
less than 3 full business days before any grant allocation, 
discretionary grant award, or letter of intent totaling $1,000,000 or 
more is announced by the Department or its directorates from: (1) any 
discretionary or formula-based grant program of the Office for State 
and Local Government Coordination and Preparedness; (2) any letter of 
intent from the Transportation Security Administration; (3) any port 
security grant; or (4) awards for Homeland Security Centers of 
Excellence: Provided, That no notification shall involve funds that are 
not available for obligation.
        Sec. 508. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
        Sec. 509. The Director of the Federal Law Enforcement Training 
Center shall ensure that all training facilities under the control of 
the Center are operated at optimal capacity throughout the fiscal year.
        Sec. 510. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, and acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus.
        Sec. 511. None of the funds appropriated or otherwise made 
available by this Act shall be used to pursue or adopt guidelines or 
regulations requiring airport sponsors to provide to the Transportation 
Security Administration without cost building construction, 
maintenance, utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to aviation security: Provided, That 
the prohibition of funds in this section does not apply to--
            (1) negotiations between the agency and airport sponsors to 
        achieve agreement on ``below-market'' rates for these items; or
            (2) space for necessary security checkpoints.
    Sec. 512. (a) None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    (b) None of the funds in this Act may be used to procure articles, 
materials, or supplies for public use, or to enter into a contract for 
the construction, alteration, or repair of a public building or public 
work, pursuant to an exception set forth in section 2 of section 3 of 
the Buy American Act (41 U.S.C. 10a et seq.) until--
            (1) a notification of the intent to apply such exception is 
        submitted to the Committees on Appropriations of the Senate and 
        the House of Representatives; and
            (2) a period of 15 days has expired after the date on which 
        such notification is so submitted.
    (c) The Inspector General of the Department of Homeland Security 
shall conduct audits of contracts entered into by the Department of 
Homeland Security during a fiscal year for purposes of determining 
compliance with the Buy American Act (41 U.S.C. 10a et seq.). The 
Inspector General shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives an annual report on the 
results of the audit. The report shall be submitted at the same time 
the President submits to Congress the budget for a fiscal year and 
shall cover the same fiscal year. The first report under this 
subsection shall be submitted with for fiscal year 2006.
        Sec. 513. The Secretary of Homeland Security is directed to 
research, develop, and procure certified systems to inspect and screen 
air cargo on passenger aircraft at the earliest date possible: 
Provided, That until such technology is procured and installed, the 
Secretary shall take all possible actions to enhance the known shipper 
program to prohibit high-risk cargo from being transported on passenger 
aircraft: Provided further, That the Secretary shall amend Security 
Directives and programs in effect on the date of enactment of this Act 
to, at a minimum, double the percentage of cargo inspected on passenger 
aircraft.
        Sec. 514. Notwithstanding sections 524, 571, and 572 of title 
40, United States Code, the Secretary of Homeland Security may sell the 
Bolingbrook family housing area in Bolingbrook, Illinois, the Prairie 
View family housing area in Prairie View, Illinois, the Chapel Hill 
Rear Range Light in Leonardo, New Jersey, and the Richmond Heights 
housing complex in Miami, Florida: Provided, That to the extent the 
sale proceeds exceed the 10 year statistical average of proceeds from 
Coast Guard property sales as determined by the Office of Management 
and Budget, the sale proceeds in excess of that average shall be 
credited to an account of the Coast Guard and be available for the 
Coast Guard.
    Sec. 515. (a) Establishment of Chief Procurement Officer.--The 
Homeland Security Act of 2002 is amended as follows:
            (1) In section 103(d) (6 U.S.C. 113(d)), by redesignating 
        paragraph (5) as paragraph (6) and inserting after paragraph 
        (4) the following:
            ``(5) A Chief Procurement Officer.''.
            (2) By redesignating sections 705 through 706 (6 U.S.C. 
        345-346) in order as sections 706 through 707, and by inserting 
        after section 704 the following:

``SEC. 705. CHIEF PROCUREMENT OFFICER.

    ``The Chief Procurement Officer appointed under section 103(d)(5) 
shall report to the Secretary.''.
            (3) In the table of contents in section 1(b), by striking 
        the items relating to sections 705 through 706 and inserting 
        the following:

``Sec. 705. Chief Procurement Officer.
``Sec. 706. Establishment of Officer for Civil Rights and Civil 
                            Liberties.
``Sec. 707. Consolidation and co-location of offices.''.
    (b) Reporting by Chief Financial Officer and Chief Information 
Officer.--Sections 702 and 703 of the Homeland Security Act of 2002 (6 
U.S.C. 342, 343) are amended by striking ``, or to another official of 
the Department, as the Secretary may direct'' each place it appears.
    Sec. 516. The Commandant of the Coast Guard shall provide to the 
Congress each year, at the time that the President's budget is 
submitted under section 1105(a) of title 31, United States Code, a list 
of approved but unfunded Coast Guard priorities and the funds needed 
for each such priority in the same manner and with the same contents as 
the unfunded priorities lists submitted by the chiefs of other Armed 
Services.
    Sec. 517. (a) In General.--Chapter 449 of title 49, United States 
Code, is amended by inserting after section 44944 the following new 
section:
``Sec. 44945. Disposition of unclaimed money
    ``Notwithstanding section 3302 of title 31, unclaimed money 
recovered at any airport security checkpoint shall be retained by the 
Transportation Security Administration and shall remain available until 
expended for the purpose of providing civil aviation security as 
required in this chapter.''.
    (b) Annual Report.--Not later than 180 days after the date of 
enactment of this Act and annually thereafter, the Administrator of the 
Transportation Security Administration shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representatives, 
the Committee on Appropriations of the House of Representatives, the 
Committee on Commerce, Science and Transportation of the Senate and the 
Committee on Appropriations of the Senate, a report that contains a 
detailed description of the amount of unclaimed money recovered in 
total and at each individual airport, and specifically how the 
unclaimed money is being used to provide civil aviation security.
    (c) Clerical Amendment.--The analysis for chapter 449 of title 49, 
United States Code, is amended by adding the following new item after 
the item relating to section 44944:

``44945. Disposition of unclaimed money.''.
    Sec. 518. Notwithstanding section 3302 of title 31, United States 
Code, the Administrator of the Transportation Security Administration 
may impose a reasonable charge for the lease of real and personal 
property to Transportation Security Administration employees and for 
the lease of real and personal property for use by Transportation 
Security Administration employees and may credit amounts received to 
the appropriation or fund initially charged for operating and 
maintaining the property, which amounts shall be available, without 
fiscal year limitation, for expenditure for property management, 
operation, protection, construction, repair, alteration, and related 
activities.
    Sec. 519. The acquisition management system of the Transportation 
Security Administration shall apply to the acquisition of services, as 
well as equipment, supplies, and materials.
    Sec. 520. Notwithstanding any other provision of law, the authority 
of the Office of Personnel Management to conduct personnel security and 
suitability background investigations, update investigations, and 
periodic reinvestigations of applicants for, or appointees in, 
competitive service positions within the Department of Homeland 
Security is transferred to the Department of Homeland Security: 
Provided, That on request of the Department of Homeland Security, the 
Office of Personnel Management shall cooperate with and assist the 
Department in any investigation or reinvestigation under this section.
    Sec. 521. Section 312(g) of the Homeland Security Act of 2002 (6 
U.S.C. 192(g)) is amended to read as follows:
    ``(g) Termination.--The Homeland Security Institute shall terminate 
5 years after its establishment.''.
    Sec. 522. Section 311(c)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 191(c)(2)) is amended to read as follows:
            ``(2) Original appointments.--The original members of the 
        Advisory Committee shall be appointed to three classes. One 
        class of six shall have a term of 1 year, one class of seven a 
        term of 2 years, and one class of seven a term of 3 years.''.
    Sec. 523. Notwithstanding any other provision of law, funds 
appropriated under paragraphs (1) and (2) of the State and Local 
Programs heading under title III of this Act are exempt from section 
6503(a) of title 31, United States Code.
    Sec. 524. None of the funds in this or previous Appropriations Acts 
may be obligated for deployment or implementation, on other than a test 
basis, of the Computer Assisted Passenger Prescreening System (CAPPS 
II) until the Secretary of Homeland Security has certified that the 
requirements of paragraphs (1) through (8) of subsection (a), and the 
requirements of subsection (b), of section 519 of Public Law 108-90 
have been met and the General Accounting Office has reviewed such 
certification: Provided, That the Secretarial certification and General 
Accounting Office review shall explicitly include the efficacy and 
accuracy of any algorithms contained within CAPPS II to predict the 
likelihood of a passenger's association with terrorists: Provided 
further, That the Secretarial certification is not delegable.
    Sec. 525. None of the funds appropriated in this or any other Act 
may be used by the Undersecretary for Management, the Chief Financial 
Officer, or the Office of Management and Budget for the purpose of 
reviewing or altering any report directed to be submitted to the 
Committees on Appropriations in this Act and its accompanying report. 
This section shall only apply to those reports related to the 
operations, programs, and activities of the Department of Homeland 
Security.
    Sec. 526. (a) Clarification of Prohibition on Contracting With 
Foreign Incorporated Entities.--Section 835 of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 395) is amended--
            (1) in subsection (a), by inserting before the period ``, 
        or any subsidiary of such an entity'';
            (2) in subsection (b)(1), by inserting ``before, on, or'' 
        after the ``completes'';
            (3) in subsection (c)(1)(B), by striking ``which is after 
        the date of enactment of this Act and''; and
            (4) in subsection (d), by striking ``homeland'' and 
        inserting ``national''.
    (b) Prohibition on Orders Under Task and Delivery Order 
Contracts.--Section 835 of the Homeland Security Act of 2002 (Public 
Law 107-296; 6 U.S.C. 395) is further amended by adding at the end the 
following new subsection:
    ``(e) Task and Delivery Orders.--After the date of the enactment of 
this subsection, no order may be issued under a task and delivery order 
contract entered into by the Department of Homeland Security before, 
on, or after the date of the enactment of this Act if the contractor 
for such contract is treated as an inverted domestic corporation under 
subsection (b).''.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2005''.
                                                 Union Calendar No. 313

108th CONGRESS

  2d Session

                               H. R. 4567

                          [Report No. 108-541]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 15, 2004

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```