IB 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 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 Sec6 retary of Homeland Security, as authorized by section 

7 102 of the Homeland Security Act of 2002 (6 U.S.C. 

8 112), and executive management of the Department of 

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

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

11 reception and representation expenses. 

12 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

13 For necessary expenses of the Office of the Under 

14 Secretary for Management, as authorized by sections 

15 701–705 of the Homeland Security Act of 2002 (6 

16 U.S.C. 341–345), $179,806,000: Provided, That not to 

17 exceed $5,000 shall be for official reception and represen18 tation expenses: Provided further, That of the total 

19 amount provided, $65,081,000 shall remain available 

20 until expended for costs necessary to consolidate head21 quarters operations at the Nebraska Avenue Complex, in22 cluding tenant improvements and relocation costs. 
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $13,000,000. 

5 OFFICE OF THE CHIEF PROCUREMENT OFFICER

6 For necessary expenses of the Office of the Chief Pro7 curement Officer, $7,734,000. 

8 OFFICE OF THE CHIEF INFORMATION OFFICER

9 For necessary expenses of the Office of the Chief In10 formation Officer, as authorized by section 103 of the 

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

12 $60,139,000. 

13 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

14 For development and acquisition of information 

15 technology equipment, software, services, and related ac16 tivities for the Department of Homeland Security, and 

17 for the costs of conversion to narrowband communica18 tions, including the cost for operation of the land mobile 

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

20 until expended: Provided, That none of the funds appro21 priated shall be used to support or supplement the appro22 priations provided for the United States Visitor and Im23 migrant Status Indicator Technology project or the Auto24 mated Commercial Environment. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

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

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

6 confidential operational expenses, including the payment 

7 of informants, to be expended at the direction of the In8 spector General. 

9 TITLE II—SECURITY, ENFORCEMENT, AND 

10 INVESTIGATIONS 

11 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

12 TRANSPORTATION SECURITY

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of the Under 

15 Secretary for Border and Transportation Security, as au16 thorized by subtitle A of title IV of the Homeland Secu17 rity Act of 2002 (6 U.S.C. 201 et seq.), $10,371,000. 

18 UNITED STATES VISITOR AND IMMIGRANT STATUS

19 INDICATOR TECHNOLOGY

20 For necessary expenses for the development of the 

21 United States Visitor and Immigrant Status Indicator 

22 Technology project, as authorized by section 110 of the 

23 Illegal Immigration Reform and Immigration Responsi24 bility Act of 1996 (8 U.S.C. 1221 note), $340,000,000, 

25 to remain available until expended: Provided, That of the 

26 funds appropriated under this heading, $254,000,000 
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1 may not be obligated for the United States Visitor and 

2 Immigrant Status Indicator Technology project until the 

3 Committees on Appropriations of the Senate and the 

4 House of Representatives receive and approve a plan for 

5 expenditure prepared by the Secretary of Homeland Se6 curity that: (1) meets the capital planning and invest7 ment control review requirements established by the Of8 fice of Management and Budget, including Circular A– 

9 11, part 3; (2) complies with the Department of Home10 land Security enterprise information systems architec11 ture; (3) complies with the acquisition rules, require12 ments, guidelines, and systems acquisition management 

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

14 approved by the Department of Homeland Security and 

15 the Office of Management and Budget; and (5) is re16 viewed by the General Accounting Office. 

17 CUSTOMS AND BORDER PROTECTION

18 SALARIES AND EXPENSES

19 For necessary expenses for enforcement of laws re20 lating to border security, immigration, customs, and agri21 cultural inspections and regulatory activities related to 

22 plant and animal imports; acquisition, lease, maintenance 

23 and operation of aircraft; purchase and lease of up to 

24 4,500 (3,935 for replacement only) police-type vehicles; 

25 and contracting with individuals for personal services 
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1 abroad; $4,611,911,000, of which $3,000,000 shall be de2 rived from the Harbor Maintenance Trust Fund for ad3 ministrative expenses related to the collection of the Har4 bor Maintenance Fee pursuant to Public Law 103–182 

5 and notwithstanding section 1511(e)(1) of Public Law 

6 107–296; of which not to exceed $40,000 shall be for of7 ficial reception and representation expenses; of which not 

8 to exceed $176,162,000 shall remain available until Sep9 tember 30, 2006, for inspection and surveillance tech10 nology, unmanned aerial vehicles, and equipment for the 

11 Container Security Initiative; of which such sums as be12 come available in the Customs User Fee Account, except 

13 sums subject to section 13031(f)(3) of the Consolidated 

14 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

15 58c(f)(3)), shall be derived from that account; of which 

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

17 rental space in connection with preclearance operations; 

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

19 compensation to informants, to be accounted for solely 

20 under the certificate of the Under Secretary for Border 

21 and Transportation Security; and of which not to exceed 

22 $5,000,000 shall be available for payments or advances 

23 arising out of contractual or reimbursable agreements 

24 with State and local law enforcement agencies while en25 gaged in cooperative activities related to immigration: 
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1 Provided, That for fiscal year 2005, the aggregate over2 time limitation prescribed in section 5(c)(1) of the Act of 

3 February 13, 1911 (19 U.S.C. 267(c)(1)) shall be 

4 $35,000; and notwithstanding any other provision of law, 

5 none of the funds appropriated in this Act may be avail6 able to compensate any employee of U.S. Customs and 

7 Border Protection for aggregate overtime and premium 

8 pay, from whatever source, in an amount that exceeds 

9 such limitation, except in individual cases determined by 

10 the Under Secretary for Border and Transportation Se11 curity, or a designee, to be necessary for national security 

12 purposes, to prevent excessive costs, or in cases of immi13 gration emergencies: Provided further, That none of the 

14 funds appropriated in this Act may be obligated to con15 struct permanent Border Patrol checkpoints in the U.S. 

16 Customs and Border Protection’s Tucson sector: Pro17 vided further, That the Commissioner, U.S. Customs and 

18 Border Protection, is directed to submit to the Commit19 tees on Appropriations of the Senate and the House of 

20 Representatives a plan for expenditure that includes loca21 tion, design, costs, and benefits of each proposed Tucson 

22 sector permanent checkpoint: Provided further, That U.S. 

23 Customs and Border Protection shall relocate its tactical 

24 checkpoints in the Tucson sector at least an average of 

25 once every 14 days in a manner designed to prevent per-
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1 sons subject to inspection from predicting the location of 

2 any such checkpoint. 

3 AUTOMATION MODERNIZATION

4 For expenses for customs and border protection 

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

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

7 be for the development of the Automated Commercial 

8 Environment: Provided, That none of the funds appro9 priated under this heading may be obligated for the 

10 Automated Commercial Environment until the Commit11 tees on Appropriations of the Senate and the House of 

12 Representatives receive and approve a plan for expendi13 ture prepared by the Under Secretary for Border and 

14 Transportation Security that: (1) meets the capital plan15 ning and investment control review requirements estab16 lished by the Office of Management and Budget, includ17 ing Circular A–11, part 3; (2) complies with U.S. Cus18 toms and Border Protection’s enterprise information sys19 tems architecture; (3) complies with the acquisition rules, 

20 requirements, guidelines, and systems acquisition man21 agement practices of the Federal Government; (4) is re22 viewed and approved by the U.S. Customs and Border 

23 Protection Investment Review Board, the Department of 

24 Homeland Security, and the Office of Management and 

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

26 Office. 
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1 CONSTRUCTION

2 For necessary expenses to plan, construct, renovate, 

3 equip, and maintain buildings and facilities necessary for 

4 the administration and enforcement of laws relating to 

5 customs and immigration, $91,718,000, to remain avail6 able until expended. 

7 IMMIGRATION AND CUSTOMS ENFORCEMENT

8 SALARIES AND EXPENSES

9 For necessary expenses for enforcement of immigra10 tion and customs laws, detention and removals, and in11 vestigations; and purchase and lease of up to 2,300 

12 (2,000 for replacement only) police-type vehicles; 

13 $2,377,006,000, of which not to exceed $5,000,000 shall 

14 be available until expended for conducting special oper15 ations pursuant to section 3131 of the Customs Enforce16 ment Act of 1986 (19 U.S.C. 2081); of which not to ex17 ceed $15,000 shall be for official reception and represen18 tation expenses; of which not to exceed $1,000,000 shall 

19 be for awards of compensation to informants, to be ac20 counted for solely under the certificate of the Under Sec21 retary for Border and Transportation Security; of which 

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

23 awareness of the child pornography tipline; of which not 

24 less than $200,000 shall be for Project Alert; and of 

25 which not to exceed $16,216,000 shall be available to 
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1 fund or reimburse other Federal agencies for the costs 

2 associated with the care, maintenance, and repatriation 

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

4 funds appropriated shall be available to compensate any 

5 employee for overtime in an annual amount in excess of 

6 $35,000, except that the Under Secretary for Border and 

7 Transportation Security may waive that amount as nec8 essary for national security purposes and in cases of im9 migration emergencies: Provided further, That of the total 

10 amount provided, $3,000,000 shall be for activities to en11 force laws against forced child labor in fiscal year 2005, 

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

13 until expended. 

14 FEDERAL AIR MARSHALS

15 For necessary expenses of the Federal air marshals, 

16 $662,900,000, to remain available until expended. 

17 FEDERAL PROTECTIVE SERVICE

18 The revenues and collections of security fees credited 

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

20 available until expended for necessary expenses related to 

21 the protection of federally-owned and leased buildings 

22 and for the operations of the Federal Protective Service. 

23 AUTOMATION MODERNIZATION

24 For expenses of immigration and customs enforce25 ment automated systems, $39,605,000, to remain avail26 able until expended: Provided, That none of the funds ap-
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1 propriated under this heading may be obligated for 

2 ATLAS until the Committees on Appropriations of the 

3 Senate and the House of Representatives receive and ap4 prove a plan for expenditure prepared by the Under Sec5 retary for Border and Transportation Security that: (1) 

6 meets the capital planning and investment control review 

7 requirements established by the Office of Management 

8 and Budget, including Circular A–11, part 3; (2) com9 plies with U.S. Immigration and Customs Enforcement’s 

10 enterprise information systems architecture; (3) complies 

11 with the acquisition rules, requirements, guidelines, and 

12 systems acquisition management practices of the Federal 

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

14 Immigration and Customs Enforcement’s Investment Re15 view Board, the Department of Homeland Security, and 

16 the Office of Management and Budget; and (5) is re17 viewed by the General Accounting Office. 

18 CONSTRUCTION

19 For necessary expenses to plan, construct, renovate, 

20 equip, and maintain buildings and facilities necessary for 

21 the administration and enforcement of the laws relating 

22 to customs and immigration, $26,179,000, to remain 

23 available until expended. 
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1 AIR AND MARINE INTERDICTION, OPERATIONS, 

2 MAINTENANCE, AND PROCUREMENT

3 For necessary expenses for the operations, mainte4 nance, and procurement of marine vessels, aircraft, and 

5 other related equipment of the air and marine program, 

6 including operational training and mission-related travel, 

7 and rental payments for facilities occupied by the air or 

8 marine interdiction and demand reduction programs, the 

9 operations of which include the following: the interdiction 

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

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

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

13 Border Protection or U.S. Immigration and Customs En14 forcement; and at the discretion of the Under Secretary 

15 for Border and Transportation Security, the provision of 

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

17 law enforcement and emergency humanitarian efforts, 

18 $257,535,000, to remain available until expended: Pro19 vided, That no aircraft or other related equipment, with 

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

21 been identified as excess to U.S. Immigration and Cus22 toms Enforcement requirements and aircraft that have 

23 been damaged beyond repair, shall be transferred to any 

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

25 Department of Homeland Security during fiscal year 
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1 2005 without the prior approval of the Committees on 

2 Appropriations of the Senate and the House of Rep3 resentatives. 

4 TRANSPORTATION SECURITY ADMINISTRATION

5 AVIATION SECURITY

6 For necessary expenses of the Transportation Secu7 rity Administration related to providing civil aviation se8 curity services pursuant to the Aviation and Transpor9 tation Security Act (Public Law 107–71), 

10 $4,270,564,000, to remain available until expended, of 

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

12 and representation expenses: Provided, That of the total 

13 amount provided under this heading, not to exceed 

14 $2,016,814,000 shall be for passenger screening activi15 ties; not to exceed $1,406,460,000 shall be for baggage 

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

17 be for airport security direction and enforcement: Pro18 vided further, That security service fees authorized under 

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

20 credited to this appropriation as offsetting collections: 

21 Provided further, That the sum herein appropriated from 

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

23 basis as such offsetting collections are received during 

24 fiscal year 2005, so as to result in a final fiscal year ap25 propriation from the General Fund estimated at not more 
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1 than $2,447,564,000: Provided further, That any security 

2 service fees collected pursuant to section 118 of Public 

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

4 this heading shall be treated as offsetting collections in 

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

6 funds in this Act shall be used to recruit or hire per7 sonnel into the Transportation Security Administration 

8 which would cause the agency to exceed a staffing level 

9 of 45,000 full-time equivalent screeners: Provided further, 

10 That notwithstanding section 44923 of title 49 United 

11 States Code, the Federal Government’s share of the cost 

12 of a project under any letter of intent shall be 75 percent 

13 for any medium or large hub airport and 90 percent for 

14 any other airport, and all funding provided by subsection 

15 (h) of such section, or from appropriations authorized by 

16 subsection (i)(1) of such section, may be distributed in 

17 any manner deemed necessary to ensure aviation security 

18 and to fulfill the Federal Government’s planned cost 

19 share under existing letters of intent. 

20 MARITIME AND LAND SECURITY

21 For necessary expenses of the Transportation Secu22 rity Administration related to maritime and land trans23 portation security grants and services pursuant to the 

24 Aviation and Transportation Security Act (Public Law 

25 107–71), $65,000,000, to remain available until Sep26 tember 30, 2006. 
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1 In addition, from fees authorized by section 520 of 

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

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

4 under this heading may be used for initial administrative 

5 costs of such credentialing activities. 

6 INTELLIGENCE

7 For necessary expenses for intelligence activities 

8 pursuant to the Aviation and Transportation Security 

9 Act (Public Law 107–71), $14,000,000. 

10 RESEARCH AND DEVELOPMENT

11 For necessary expenses for research and develop12 ment related to transportation security, $174,000,000, to 

13 remain available until expended. 

14 ADMINISTRATION

15 For necessary expenses for administrative activities 

16 of the Transportation Security Administration to carry 

17 out the Aviation and Transportation Security Act (Public 

18 Law 107–71), $524,852,000, to remain available until 

19 September 30, 2006. 

20 UNITED STATES COAST GUARD

21 OPERATING EXPENSES

22 For necessary expenses for the operation and main23 tenance of the Coast Guard not otherwise provided for; 

24 purchase or lease of not to exceed 25 passenger motor ve25 hicles for replacement only; payments pursuant to section 

26 156 of Public Law 97–377 (42 U.S.C. 402 note) and sec-
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1 tion 229(b) of the Social Security Act (42 U.S.C. 

2 429(b)); and recreation and welfare; $5,171,220,000, of 

3 which $1,204,000,000 shall be for defense-related activi4 ties; of which $24,500,000 shall be derived from the Oil 

5 Spill Liability Trust Fund to carry out the purposes of 

6 section 1012(a)(5) of the Oil Pollution Act of 1990; and 

7 of which not to exceed $3,000 shall be for official recep8 tion and representation expenses: Provided, That none of 

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

10 available for administrative expenses in connection with 

11 shipping commissioners in the United States: Provided 

12 further, That none of the funds provided by this Act shall 

13 be available for expenses incurred for yacht documenta14 tion under section 12109 of title 46, United States Code, 

15 except to the extent fees are collected from yacht owners 

16 and credited to this appropriation: Provided further, That 

17 notwithstanding section 1116(c) of title 10, United 

18 States Code, amounts made available under this heading 

19 may be used to make payments into the Department of 

20 Defense Medicare-Eligible Retiree Health Care Fund for 

21 fiscal year 2005 under section 1116(a) of such title. 

22 ENVIRONMENTAL COMPLIANCE AND RESTORATION

23 For necessary expenses to carry out the Coast 

24 Guard’s environmental compliance and restoration func25 tions under chapter 19 of title 14, United States Code, 

26 $17,000,000, to remain available until expended. 
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1 RESERVE TRAINING

2 For necessary expenses of the Coast Guard Reserve, 

3 as authorized by law; operations and maintenance of the 

4 reserve program; personnel and training costs; and equip5 ment and services; $113,000,000. 

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 (INCLUDING RESCISSION OF FUNDS)

8 For necessary expenses of acquisition, construction, 

9 renovation, and improvement of aids to navigation, shore 

10 facilities, vessels, and aircraft, including equipment re11 lated thereto; and maintenance, rehabilitation, lease and 

12 operation of facilities and equipment, as authorized by 

13 law, $936,550,000, of which $20,000,000 shall be derived 

14 from the Oil Spill Liability Trust Fund to carry out the 

15 purposes of section 1012(a)(5) of the Oil Pollution Act 

16 of 1990; of which $19,750,000 shall be available until 

17 September 30, 2009, to acquire, repair, renovate, or im18 prove vessels, small boats, and related equipment; of 

19 which $1,800,000 shall be available until September 30, 

20 2009, to increase aviation capability; of which 

21 $138,000,000 shall be available until September 30, 

22 2007, for other equipment; of which $5,000,000 shall be 

23 available until September 30, 2007, for shore facilities 

24 and aids to navigation of which $73,000,000 shall be 

25 available until September 30, 2006, for personnel com26 pensation and benefits and related costs; and of which 
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1 $679,000,000 shall be available until September 30, 

2 2009, for the Integrated Deepwater Systems program: 

3 Provided, That the Secretary of Homeland Security shall 

4 submit to the Congress, in conjunction with the Presi5 dent’s fiscal year 2006 budget, a new Deepwater baseline 

6 that identifies revised acquisition timelines for each asset 

7 contained in the Deepwater program; a timeline and de8 tailed justification for each new asset that is determined 

9 to be necessary to fulfill homeland and national security 

10 functions or multi-agency procurements as identified by 

11 the Joint Requirements Council; a detailed description of 

12 the revised mission requirements and their corresponding 

13 impact on the Deepwater program’s acquisition timeline; 

14 and funding levels for each asset, whether new or con15 tinuing: Provided further, That the Secretary shall annu16 ally submit to the Congress, at the time that the Presi17 dent’s budget is submitted under section 1105(a) of title 

18 31, a future-years capital investment plan for the Coast 

19 Guard that identifies for each capital budget line item— 

20 (1) the proposed appropriation included in that 

21 budget; 

22 (2) the total estimated cost of completion; 

23 (3) projected funding levels for each fiscal year 

24 for the next five fiscal years or until project comple25 tion, whichever is earlier; 
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1 (4) an estimated completion date at the pro2 jected funding levels; and 

3 (5) changes, if any, in the total estimated cost 

4 of completion or estimated completion date from 

5 previous future-years capital investment plans sub6 mitted to the Congress: 

7 Provided further, That the Secretary shall ensure that 

8 amounts specified in the future-years capital investment 

9 plan are consistent to the maximum extent practicable 

10 with proposed appropriations necessary to support the 

11 programs, projects, and activities of the Coast Guard in 

12 the President’s budget as submitted under section 1105(a) 

13 of title 31 for that fiscal year: Provided further, That any 

14 inconsistencies between the capital investment plan and 

15 proposed appropriations shall be identified and justified. 

16 In addition, of the funds appropriated under this heading 

17 in Public Law 108–90 and Public Law 108–7, 

18 $33,000,000 are rescinded. 

19 ALTERATION OF BRIDGES

20 For necessary expenses for alteration or removal of 

21 obstructive bridges, $16,400,000, to remain available 

22 until expended. 

23 RETIRED PAY

24 For retired pay, including the payment of obliga25 tions otherwise chargeable to lapsed appropriations for 

26 this purpose, payments under the Retired Serviceman’s 
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1 Family Protection and Survivor Benefits Plans, payment 

2 for career status bonuses under the National Defense Au3 thorization Act, and payments for medical care of retired 

4 personnel and their dependents under chapter 55 of title 

5 10, United States Code, $1,085,460,000. 

6 UNITED STATES SECRET SERVICE

7 SALARIES AND EXPENSES

8 For necessary expenses of the United States Secret 

9 Service, including purchase of not to exceed 610 vehicles 

10 for police-type use, which shall be for replacement only, 

11 and hire of passenger motor vehicles; purchase of Amer12 ican-made motorcycles; hire of aircraft; services of expert 

13 witnesses at such rates as may be determined by the Di14 rector; rental of buildings in the District of Columbia, 

15 and fencing, lighting, guard booths, and other facilities 

16 on private or other property not in Government owner17 ship or control, as may be necessary to perform protec18 tive functions; payment of per diem or subsistence allow19 ances to employees where a protective assignment during 

20 the actual day or days of the visit of a protectee requires 

21 an employee to work 16 hours per day or to remain over22 night at his or her post of duty; conduct of and participa23 tion in firearms matches; presentation of awards; travel 

24 of Secret Service employees on protective missions with25 out regard to the limitations on such expenditures in this 
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1 or any other Act if approval is obtained in advance from 

2 the Committees on Appropriations of the Senate and the 

3 House of Representatives; research and development; 

4 grants to conduct behavioral research in support of pro5 tective research and operations; and payment in advance 

6 for commercial accommodations as may be necessary to 

7 perform protective functions; $1,179,125,000, of which 

8 not to exceed $30,000 shall be for official reception and 

9 representation expenses; of which not to exceed $100,000 

10 shall be to provide technical assistance and equipment to 

11 foreign law enforcement organizations in counterfeit in12 vestigations; of which $2,100,000 shall be for forensic 

13 and related support of investigations of missing and ex14 ploited children; and of which $5,000,000 shall be a 

15 grant for activities related to the investigations of ex16 ploited children and shall remain available until ex17 pended: Provided, That up to $18,000,000 provided for 

18 protective travel shall remain available until September 

19 30, 2006: Provided further, That not less than 

20 $10,000,000 for the costs of planning, preparing for, and 

21 conducting security operations for National Special Secu22 rity Events shall be available until September 30, 2006: 

23 Provided further, That the United States Secret Service 

24 is authorized to obligate funds in anticipation of reim25 bursements from agencies and entities, as defined in sec-
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1 tion 105 of title 5, United States Code, receiving training 

2 sponsored by the James J. Rowley Training Center, ex3 cept that total obligations at the end of the fiscal year 

4 shall not exceed total budgetary resources available under 

5 this heading at the end of the fiscal year. 

6 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

7 RELATED EXPENSES

8 For necessary expenses for acquisition, construction, 

9 repair, alteration, and improvement of facilities, 

10 $3,633,000, to remain available until expended. 

11 TITLE III—PREPAREDNESS AND RECOVERY 

12 OFFICE FOR STATE AND LOCAL GOVERNMENT

13 COORDINATION AND PREPAREDNESS

14 SALARIES AND EXPENSES

15 For necessary expenses for the Office for State and 

16 Local Government Coordination and Preparedness, as au17 thorized by sections 430 and 801 of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 238 and 361), $41,432,000: 

19 Provided, That not to exceed $3,000 shall be for official 

20 reception and representation expenses. 

21 STATE AND LOCAL PROGRAMS

22 For grants, contracts, cooperative agreements, and 

23 other activities, including grants to State and local govern24 ments for terrorism prevention activities, notwithstanding 

25 any other provision of law, $3,423,900,000, which shall 

26 be allocated as follows: 
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1 (1) $1,250,000,000 for formula-based grants 

2 and $500,000,000 for law enforcement terrorism 

3 prevention grants pursuant to section 1014 of the 

4 USA PATRIOT Act of 2001 (42 U.S.C. 3714): Pro5 vided, That the application for grants shall be made 

6 available to States within 45 days after enactment 

7 of this Act; that States shall submit applications 

8 within 30 days after the grant announcement; and 

9 that the Office for State and Local Government Co10 ordination and Preparedness shall act within 15 

11 days after receipt of an application: Provided further, 

12 That each State shall obligate not less than 80 per13 cent of the total amount of the grant to local govern14 ments within 60 days after the grant award; 

15 (2) $1,000,000,000 for discretionary grants for 

16 use in high-threat, high-density urban areas and for 

17 rail and transit security, as determined by the Sec18 retary of Homeland Security: Provided, That not 

19 less than 80 percent of any grant to a State shall 

20 be made available by the State to local governments 

21 within 60 days after their receipt of the funds: Pro22 vided further, That section 1014(c)(3) of the USA 

23 PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 

24 not apply to these grants: Provided further, That of 
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1 the funds provided, not less than $100,000,000 shall 

2 be used for rail and transit security grants; 

3 (3) $170,000,000 for emergency management 

4 performance grants pursuant to section 1014 of the 

5 USA PATRIOT Act of 2001 (42 U.S.C. 3714), as 

6 authorized by the National Flood Insurance Act of 

7 1968 and the Flood Disaster Protection Act of 1973 

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

9 Disaster Relief and Emergency Assistance Act (42 

10 U.S.C. 5121 et seq.), the Earthquake Hazards Re11 ductions Act of 1977 (42 U.S.C. 7701 et seq.), and 

12 Reorganization Plan No. 3 of 1978 (5 U.S.C. App): 

13 Provided, That total administrative costs shall not 

14 exceed 3 percent of the total appropriation; and 

15 (4) $125,000,000 for port security grants, 

16 which shall be distributed under the same terms and 

17 conditions as provided for under Public Law 107– 

18 117: Provided, That section 1014(c)(3) of the USA 

19 PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 

20 not apply to these grants: 

21 Provided, That except for port security grants under para22 graph (4) of this heading, none of the funds appropriated 

23 under this heading shall be used for construction or ren24 ovation of facilities: Provided further, That funds appro25 priated for law enforcement terrorism prevention grants 
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1 under paragraph (1) and discretionary grants under para2 graph (2) of this heading shall be available for operational 

3 costs, to include personnel overtime and overtime associ4 ated with Office for State and Local Government Coordi5 nation and Preparedness certified training, as needed: 

6 Provided further, That grantees shall provide reports on 

7 their use of funds, as deemed necessary by the Secretary 

8 of Homeland Security: Provided further, That the Office 

9 for State and Local Government Coordination and Pre10 paredness shall complete the development of mission es11 sential tasks by July 31, 2004; the fiscal year 2005 State 

12 grant guidance shall include instructions for the comple13 tion of State baseline assessments; a Federal response ca14 pabilities inventory shall be completed by March 15, 2005; 

15 and the Office for State and Local Government Coordina16 tion and Preparedness shall provide quarterly reports to 

17 the Committees on Appropriations of the Senate and the 

18 House of Representatives on the implementation of Home19 land Security Presidential Directive-8, beginning October 

20 1, 2004. 

21 FIREFIGHTER ASSISTANCE GRANTS

22 For necessary expenses for programs authorized by 

23 section 33 of the Federal Fire Prevention and Control Act 

24 of 1974 (15 U.S.C. 2229), $600,000,000, to remain avail25 able until September 30, 2006: Provided, That not to ex-
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1 ceed 5 percent of this amount shall be available for pro2 gram administration. 

3 COUNTERTERRORISM FUND

4 For necessary expenses, as determined by the Sec5 retary of Homeland Security, to reimburse any Federal 

6 agency for the costs of providing support to counter, in7 vestigate, or respond to unexpected threats or acts of ter8 rorism, including payment of rewards in connection with 

9 these activities, $10,000,000, to remain available until 

10 expended: Provided, That the Secretary shall notify the 

11 Committees on Appropriations of the Senate and the 

12 House of Representatives 15 days prior to the obligation 

13 of any amount of these funds in accordance with section 

14 503 of this Act. 

15 EMERGENCY PREPAREDNESS AND RESPONSE

16 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

17 PREPAREDNESS AND RESPONSE

18 For necessary expenses for the Office of the Under 

19 Secretary for Emergency Preparedness and Response, as 

20 authorized by section 502 of the Homeland Security Act 

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

22 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

23 For necessary expenses for preparedness, mitigation, 

24 response, and recovery activities of the Emergency Pre25 paredness and Response Directorate, $210,499,000, in26 cluding activities authorized by the National Flood Insur-
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1 ance Act of 1968 (42 U.S.C. 4011 et seq.), the Flood 

2 Disaster Protection Act of 1973 (42 U.S.C. 4001 et 

3 seq.), the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5121 et seq.), the 

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

6 7701 et seq.), the Federal Fire Prevention and Control 

7 Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Pro8 duction Act of 1950 (50 U.S.C. App. 2061 et seq.), sec9 tions 107 and 303 of the National Security Act of 1947 

10 (50 U.S.C. 404, 405, 411), Reorganization Plan No. 3 of 

11 1978 (5 U.S.C. App.), and the Homeland Security Act of 

12 2002 (6 U.S.C. 101 et seq.). 

13 ADMINISTRATIVE AND REGIONAL OPERATIONS

14 For necessary expenses for administrative and re15 gional operations of the Emergency Preparedness and 

16 Response Directorate, $203,939,000, including activities 

17 authorized by the National Flood Insurance Act of 1968 

18 (42 U.S.C. 4011 et seq.), the Flood Disaster Protection 

19 Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. 

20 Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Re22 duction Act of 1977 (42 U.S.C. 7701 et seq.), the Fed23 eral Fire Prevention and Control Act of 1974 (15 U.S.C. 

24 2201 et seq.), the Defense Production Act of 1950 (50 

25 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 

26 National Security Act of 1947 (50 U.S.C. 404, 405, 
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1 411), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

2 App.), and the Homeland Security Act of 2002 (6 U.S.C. 

3 101 et seq.): Provided, That not to exceed $4,000 shall 

4 be for official reception and representation expenses. 

5 PUBLIC HEALTH PROGRAMS

6 For necessary expenses for countering potential bio7 logical, disease, and chemical threats to civilian popu8 lations, $34,000,000. 

9 DISASTER RELIEF

10 For necessary expenses in carrying out the Robert 

11 T. Stafford Disaster Relief and Emergency Assistance 

12 Act (42 U.S.C. 5121 et seq.), $2,042,380,000, to remain 

13 available until expended. 

14 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

15 For administrative expenses to carry out the direct 

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

17 T. Stafford Disaster Relief and Emergency Assistance 

18 Act (42 U.S.C. 5162), $567,000: Provided, That gross 

19 obligations for the principal amount of direct loans shall 

20 not exceed $25,000,000: Provided further, That the cost 

21 of modifying such loans shall be as defined in section 502 

22 of the Congressional Budget Act of 1974 (2 U.S.C. 

23 661a). 

24 FLOOD MAP MODERNIZATION FUND

25 For necessary expenses pursuant to section 1360 of 

26 the National Flood Insurance Act of 1968 (42 U.S.C. 
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1 4101), $150,000,000, and such additional sums as may 

2 be provided by State and local governments or other po3 litical subdivisions for cost-shared mapping activities 

4 under section 1360(f)(2) of such Act, to remain available 

5 until expended: Provided, That total administrative costs 

6 shall not exceed 3 percent of the total appropriation. 

7 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

8 The aggregate charges assessed during fiscal year 

9 2005, as authorized by the Energy and Water Develop10 ment Appropriations Act, 2001 (as enacted into law by 

11 Public Law 106–377), shall not be less than 100 percent 

12 of the amounts anticipated by the Department of Home13 land Security necessary for its radiological emergency 

14 preparedness program for the next fiscal year: Provided, 

15 That the methodology for assessment and collection of 

16 fees shall be fair and equitable and shall reflect costs of 

17 providing such services, including administrative costs of 

18 collecting such fees: Provided further, That fees received 

19 under this heading shall be deposited in this account as 

20 offsetting collections and will become available for au21 thorized purposes on October 1, 2005, and remain avail22 able until expended. 

23 NATIONAL FLOOD INSURANCE FUND

24 (INCLUDING TRANSFER OF FUNDS) 

25 For activities under the National Flood Insurance 

26 Act of 1968 (42 U.S.C. 4011 et seq.), and the Flood Dis-
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1 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

2 not to exceed $33,336,000 for salaries and expenses asso3 ciated with flood mitigation and flood insurance oper4 ations; and not to exceed $79,257,000 for flood hazard 

5 mitigation, to remain available until September 30, 2006, 

6 including up to $20,000,000 for expenses under section 

7 1366 of the National Flood Insurance Act of 1968 (42 

8 U.S.C. 4104c), which amount shall be available for trans9 fer to the National Flood Mitigation Fund until Sep10 tember 30, 2006, and which amount shall be derived 

11 from offsetting collections assessed and collected pursu12 ant to section 1307 of that Act (42 U.S.C. 4014), and 

13 shall be retained and used for necessary expenses under 

14 this heading: Provided, That in fiscal year 2005, no 

15 funds in excess of: (1) $55,000,000 for operating ex16 penses; (2) $562,881,000 for agents’ commissions and 

17 taxes; and (3) $30,000,000 for interest on Treasury bor18 rowings shall be available from the National Flood Insur19 ance Fund. 

20 NATIONAL FLOOD MITIGATION FUND

21 (INCLUDING TRANSFER OF FUNDS) 

22 Notwithstanding subparagraphs (B) and (C) of sub23 section (b)(3), and subsection (f), of section 1366 of the 

24 National Flood Insurance Act of 1968 (42 U.S.C. 

25 4104c), $20,000,000, to remain available until September 

26 30, 2006, for activities designed to reduce the risk of 
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1 flood damage to structures pursuant to such Act, of 

2 which $20,000,000 shall be derived from the National 

3 Flood Insurance Fund. 

4 NATIONAL PRE-DISASTER MITIGATION FUND

5 For a pre-disaster mitigation grant program pursu6 ant to title II of the Robert T. Stafford Disaster Relief 

7 and Emergency Assistance Act (42 U.S.C. 5131 et seq.), 

8 $100,000,000, to remain available until expended: Pro9 vided, That grants made for pre-disaster mitigation shall 

10 be awarded on a competitive basis subject to the criteria 

11 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro12 vided further, That, notwithstanding section 203(f) of 

13 such Act (42 U.S.C. 5133(f)), grant awards shall be 

14 made without reference to State allocations, quotas, or 

15 other formula-based allocation of funds: Provided further, 

16 That total administrative costs shall not exceed 3 percent 

17 of the total appropriation. 

18 EMERGENCY FOOD AND SHELTER

19 To carry out an emergency food and shelter program 

20 pursuant to title III of the Stewart B. McKinney Home21 less Assistance Act (42 U.S.C. 11331 et seq.), 

22 $153,000,000, to remain available until expended: Pro23 vided, That total administrative costs shall not exceed 3.5 

24 percent of the total appropriation. 
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1 TITLE IV—RESEARCH AND DEVELOPMENT, 

2 TRAINING, ASSESSMENTS, AND SERVICES 

3 CITIZENSHIP AND IMMIGRATION SERVICES

4 For necessary expenses for citizenship and immigra5 tion services, $160,000,000. 

6 FEDERAL LAW ENFORCEMENT TRAINING CENTER

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Law Enforce9 ment Training Center, including materials and support 

10 costs of Federal law enforcement basic training; purchase 

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

12 of passenger motor vehicles; expenses for student athletic 

13 and related activities; the conduct of and participation in 

14 firearms matches and presentation of awards; public 

15 awareness and enhancement of community support of law 

16 enforcement training; room and board for student in17 terns; a flat monthly reimbursement to employees author18 ized to use personal cell phones for official duties; and 

19 services as authorized by section 3109 of title 5, United 

20 States Code, $183,440,000, of which up to $36,174,000 

21 for materials and support costs of Federal law enforce22 ment basic training shall remain available until Sep23 tember 30, 2006; and of which not to exceed $12,000 

24 shall be for official reception and representation expenses: 

25 Provided, That the Center is authorized to obligate funds 
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1 in anticipation of reimbursements from agencies receiving 

2 training sponsored by the Center, except that total obli3 gations at the end of the fiscal year shall not exceed total 

4 budgetary resources available at the end of the fiscal 

5 year. 

6 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

7 RELATED EXPENSES

8 For acquisition of necessary additional real property 

9 and facilities, construction, and ongoing maintenance, fa10 cility improvements, and related expenses of the Federal 

11 Law Enforcement Training Center, $37,917,000, to re12 main available until expended: Provided, That the Center 

13 is authorized to accept reimbursement to this appropria14 tion from government agencies requesting the construc15 tion of special use facilities. 

16 INFORMATION ANALYSIS AND INFRASTRUCTURE

17 PROTECTION

18 MANAGEMENT AND ADMINISTRATION

19 For salaries and expenses of the immediate Office of 

20 the Under Secretary for Information Analysis and Infra21 structure Protection and for management and adminis22 tration of programs and activities, as authorized by title 

23 II of the Homeland Security Act of 2002 (6 U.S.C. 121 

24 et seq.), $132,064,000: Provided, That not to exceed 

25 $5,000 shall be for official reception and representation 

26 expenses. 
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1 ASSESSMENTS AND EVALUATIONS

2 For necessary expenses for information analysis and 

3 infrastructure protection, as authorized by title II of the 

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

5 $722,512,000, to remain available until September 30, 

6 2006. 

7 SCIENCE AND TECHNOLOGY

8 MANAGEMENT AND ADMINISTRATION

9 For salaries and expenses of the immediate Office of 

10 the Under Secretary for Science and Technology and for 

11 management and administration of programs and activi12 ties, as authorized by title III of the Homeland Security 

13 Act of 2002 (6 U.S.C. 181 et seq.), $68,586,000: Pro14 vided, That not to exceed $3,000 shall be for official re15 ception and representation expenses. 

16 RESEARCH, DEVELOPMENT, ACQUISITION AND

17 OPERATIONS

18 For necessary expenses for science and technology 

19 research, including advanced research projects; develop20 ment; test and evaluation; acquisition; and operations; as 

21 authorized by title III of the Homeland Security Act of 

22 2002 (6 U.S.C. 181 et seq.), $1,063,713,000, to remain 

23 available until expended. 
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1 TITLE V—GENERAL PROVISIONS 

2 (INCLUDING TRANSFERS OF FUNDS) 

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

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. Subject to the requirements of section 

7 503 of this Act, the unexpended balances of prior appro8 priations provided for activities in this Act may be trans9 ferred to appropriation accounts for such activities estab10 lished pursuant to this Act: Provided, That balances so 

11 transferred may be merged with funds in the applicable 

12 established accounts and thereafter may be accounted for 

13 as one fund for the same time period as originally en14 acted. 

15 SEC. 503 (a) None of the funds provided by this 

16 Act, provided by previous appropriation Acts to the agen17 cies in or transferred to the Department of Homeland 

18 Security that remain available for obligation or expendi19 ture in fiscal year 2005, or provided from any accounts 

20 in the Treasury of the United States derived by the col21 lection of fees available to the agencies funded by this 

22 Act, shall be available for obligation or expenditure 

23 through a reprogramming of funds that: (1) creates a 

24 new program; (2) eliminates a program, project, or activ25 ity; (3) increases funds for any program, project, or ac-
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1 tivity for which funds have been denied or restricted by 

2 the Congress; or (4) proposes to use funds directed for 

3 a specific activity by either the House or Senate Commit4 tees on Appropriations for a different purpose; unless 

5 both Committees on Appropriations of the Senate and 

6 the House of Representatives are notified 15 days in ad7 vance of such reprogramming of funds. 

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

9 by previous appropriation Acts to the agencies in or 

10 transferred to the Department of Homeland Security that 

11 remain available for obligation or expenditure in fiscal 

12 year 2005, or provided from any accounts in the Treas13 ury of the United States derived by the collection of fees 

14 available to the agencies funded by this Act, shall be 

15 available for obligation or expenditure for programs, 

16 projects, or activities through a reprogramming of funds 

17 in excess of $5,000,000 or 10 percent, whichever is less, 

18 that: (1) augments existing programs, projects, or activi19 ties; (2) reduces by 10 percent funding for any existing 

20 program, project, or activity, or numbers of personnel by 

21 10 percent as approved by the Congress; or (3) results 

22 from any general savings from a reduction in personnel 

23 that would result in a change in existing programs, 

24 projects, or activities as approved by the Congress; unless 

25 the Committees on Appropriations of the Senate and the 
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1 House of Representatives are notified 15 days in advance 

2 of such reprogramming of funds. 

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

4 made available for the current fiscal year for the Depart5 ment of Homeland Security by this Act or provided by 

6 previous appropriation Acts may be transferred between 

7 such appropriations, but no such appropriation, except as 

8 otherwise specifically provided, shall be increased by more 

9 than 10 percent by such transfers: Provided, That any 

10 transfer under this subsection shall be treated as a re11 programming of funds under subsection (b) and shall not 

12 be available for obligation unless the Committees on Ap13 propriations of the Senate and the House of Representa14 tives are notified 15 days in advance of such transfer. 

15 SEC. 504. Except as otherwise specifically provided 

16 by law, not to exceed 50 percent of unobligated balances 

17 remaining available at the end of fiscal year 2005 from 

18 appropriations for salaries and expenses for fiscal year 

19 2005 in this Act shall remain available through Sep20 tember 30, 2006, in the account and for the purposes for 

21 which the appropriations were provided: Provided, That 

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

23 submitted to the Committees on Appropriations of the 

24 Senate and the House of Representatives for approval in 

25 accordance with section 503 of this Act. 
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1 SEC. 505. Funds made available by this Act for in2 telligence activities are deemed to be specifically author3 ized by the Congress for purposes of section 504 of the 

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

5 fiscal year 2005 until the enactment of an Act author6 izing intelligence activities for fiscal year 2005. 

7 SEC. 506. The Federal Law Enforcement Training 

8 Center shall establish an accrediting body, to include rep9 resentatives from the Federal law enforcement commu10 nity and non-Federal accreditation experts involved in 

11 law enforcement training, to establish standards for 

12 measuring and assessing the quality and effectiveness of 

13 Federal law enforcement training programs, facilities, 

14 and instructors. 

15 SEC. 507. None of the funds in this Act may be 

16 used to make a grant unless the Secretary of Homeland 

17 Security notifies the Committees on Appropriations of the 

18 Senate and the House of Representatives not less than 

19 3 full business days before any grant allocation, discre20 tionary grant award, or letter of intent totaling 

21 $1,000,000 or more is announced by the Department or 

22 its directorates from: (1) any discretionary or formula23 based grant program of the Office for State and Local 

24 Government Coordination and Preparedness; (2) any let25 ter of intent from the Transportation Security Adminis-
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1 tration; (3) any port security grant; or (4) awards for 

2 Homeland Security Centers of Excellence: Provided, That 

3 no notification shall involve funds that are not available 

4 for obligation. 

5 SEC. 508. Notwithstanding any other provision of 

6 law, no agency shall purchase, construct, or lease any ad7 ditional facilities, except within or contiguous to existing 

8 locations, to be used for the purpose of conducting Fed9 eral law enforcement training without the advance ap10 proval of the Committees on Appropriations of the Senate 

11 and the House of Representatives, except that the Fed12 eral Law Enforcement Training Center is authorized to 

13 obtain the temporary use of additional facilities by lease, 

14 contract, or other agreement for training which cannot be 

15 accommodated in existing Center facilities. 

16 SEC. 509. The Director of the Federal Law Enforce17 ment Training Center shall ensure that all training facili18 ties under the control of the Center are operated at opti19 mal capacity throughout the fiscal year. 

20 SEC. 510. None of the funds appropriated or other21 wise made available by this Act may be used for expenses 

22 of any construction, repair, alteration, and acquisition 

23 project for which a prospectus, if required by the Public 

24 Buildings Act of 1959, has not been approved, except 

25 that necessary funds may be expended for each project 
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1 for required expenses for the development of a proposed 

2 prospectus. 

3 SEC. 511. None of the funds appropriated or other4 wise made available by this Act shall be used to pursue 

5 or adopt guidelines or regulations requiring airport spon6 sors to provide to the Transportation Security Adminis7 tration without cost building construction, maintenance, 

8 utilities and expenses, or space in airport sponsor-owned 

9 buildings for services relating to aviation security: Pro10 vided, That the prohibition of funds in this section does 

11 not apply to— 

12 (1) negotiations between the agency and airport 

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

14 rates for these items; or 

15 (2) space for necessary security checkpoints. 

16 SEC. 512. (a) None of the funds in this Act may be 

17 used in contravention of the applicable provisions of the 

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

19 (b) None of the funds in this Act may be used to 

20 procure articles, materials, or supplies for public use, or 

21 to enter into a contract for the construction, alteration, 

22 or repair of a public building or public work, pursuant to 

23 an exception set forth in section 2 of section 3 of the Buy 

24 American Act (41 U.S.C. 10a et seq.) until— 
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1 (1) a notification of the intent to apply such ex2 ception is submitted to the Committees on Appro3 priations of the Senate and the House of Represent4 atives; and 

5 (2) a period of 15 days has expired after the 

6 date on which such notification is so submitted. 

7 (c) The Inspector General of the Department of 

8 Homeland Security shall conduct audits of contracts en9 tered into by the Department of Homeland Security dur10 ing a fiscal year for purposes of determining compliance 

11 with the Buy American Act (41 U.S.C. 10a et seq.). The 

12 Inspector General shall submit to the Committees on Ap13 propriations of the Senate and the House of Representa14 tives an annual report on the results of the audit. The 

15 report shall be submitted at the same time the President 

16 submits to Congress the budget for a fiscal year and shall 

17 cover the same fiscal year. The first report under this sub18 section shall be submitted with for fiscal year 2006. 

19 SEC. 513. The Secretary of Homeland Security is di20 rected to research, develop, and procure certified systems 

21 to inspect and screen air cargo on passenger aircraft at 

22 the earliest date possible: Provided, That until such tech23 nology is procured and installed, the Secretary shall take 

24 all possible actions to enhance the known shipper pro25 gram to prohibit high-risk cargo from being transported 
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1 on passenger aircraft: Provided further, That the Sec2 retary shall amend Security Directives and programs in 

3 effect on the date of enactment of this Act to, at a min4 imum, double the percentage of cargo inspected on pas5 senger aircraft. 

6 SEC. 514. Notwithstanding sections 524, 571, and 

7 572 of title 40, United States Code, the Secretary of 

8 Homeland Security may sell the Bolingbrook family hous9 ing area in Bolingbrook, Illinois, the Prairie View family 

10 housing area in Prairie View, Illinois, the Chapel Hill 

11 Rear Range Light in Leonardo, New Jersey, and the 

12 Richmond Heights housing complex in Miami, Florida: 

13 Provided, That to the extent the sale proceeds exceed the 

14 10 year statistical average of proceeds from Coast Guard 

15 property sales as determined by the Office of Manage16 ment and Budget, the sale proceeds in excess of that av17 erage shall be credited to an account of the Coast Guard 

18 and be available for the Coast Guard. 

19 SEC. 515. (a) ESTABLISHMENT OF CHIEF PROCURE20 MENT OFFICER.—The Homeland Security Act of 2002 is 

21 amended as follows: 

22 (1) In section 103(d) (6 U.S.C. 113(d)), by re23 designating paragraph (5) as paragraph (6) and in24 serting after paragraph (4) the following: 

25 ‘‘(5) A Chief Procurement Officer.’’. 
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1 (2) By redesignating sections 705 through 706 

2 (6 U.S.C. 345–346) in order as sections 706 

3 through 707, and by inserting after section 704 the 

4 following: 

5 ‘‘SEC. 705. CHIEF PROCUREMENT OFFICER. 

6 ‘‘The Chief Procurement Officer appointed under sec7 tion 103(d)(5) shall report to the Secretary.’’. 

8 (3) In the table of contents in section 1(b), by 

9 striking the items relating to sections 705 through 

10 706 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.’’. 

11 (b) REPORTING BY CHIEF FINANCIAL OFFICER AND

12 CHIEF INFORMATION OFFICER.—Sections 702 and 703 of 

13 the Homeland Security Act of 2002 (6 U.S.C. 342, 343) 

14 are amended by striking ‘‘, or to another official of the 

15 Department, as the Secretary may direct’’ each place it 

16 appears. 

17 SEC. 516. The Commandant of the Coast Guard shall 

18 provide to the Congress each year, at the time that the 

19 President’s budget is submitted under section 1105(a) of 

20 title 31, United States Code, a list of approved but un21 funded Coast Guard priorities and the funds needed for 

22 each such priority in the same manner and with the same 

23 contents as the unfunded priorities lists submitted by the 

24 chiefs of other Armed Services. 
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1 SEC. 517. (a) IN GENERAL.—Chapter 449 of title 49, 

2 United States Code, is amended by inserting after section 

3 44944 the following new section: 

4 ‘‘§ 44945. Disposition of unclaimed money 

5 ‘‘Notwithstanding section 3302 of title 31, unclaimed 

6 money recovered at any airport security checkpoint shall 

7 be retained by the Transportation Security Administration 

8 and shall remain available until expended for the purpose 

9 of providing civil aviation security as required in this chap10 ter.’’. 

11 (b) ANNUAL REPORT.—Not later than 180 days after 

12 the date of enactment of this Act and annually thereafter, 

13 the Administrator of the Transportation Security Admin14 istration shall transmit to the Committee on Transpor15 tation and Infrastructure of the House of Representatives, 

16 the Committee on Appropriations of the House of Rep17 resentatives, the Committee on Commerce, Science and 

18 Transportation of the Senate and the Committee on Ap19 propriations of the Senate, a report that contains a de20 tailed description of the amount of unclaimed money re21 covered in total and at each individual airport, and specifi22 cally how the unclaimed money is being used to provide 

23 civil aviation security. 

24 (c) CLERICAL AMENDMENT.—The analysis for chap25 ter 449 of title 49, United States Code, is amended by 
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1 adding the following new item after the item relating to 

2 section 44944: 

‘‘44945. Disposition of unclaimed money.’’. 

3 SEC. 518. Notwithstanding section 3302 of title 31, 

4 United States Code, the Administrator of the Transpor5 tation Security Administration may impose a reasonable 

6 charge for the lease of real and personal property to 

7 Transportation Security Administration employees and for 

8 the lease of real and personal property for use by Trans9 portation Security Administration employees and may 

10 credit amounts received to the appropriation or fund ini11 tially charged for operating and maintaining the property, 

12 which amounts shall be available, without fiscal year limi13 tation, for expenditure for property management, oper14 ation, protection, construction, repair, alteration, and re15 lated activities. 

16 SEC. 519. The acquisition management system of the 

17 Transportation Security Administration shall apply to the 

18 acquisition of services, as well as equipment, supplies, and 

19 materials. 

20 SEC. 520. Notwithstanding any other provision of 

21 law, the authority of the Office of Personnel Management 

22 to conduct personnel security and suitability background 

23 investigations, update investigations, and periodic reinves24 tigations of applicants for, or appointees in, competitive 

25 service positions within the Department of Homeland Se-
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1 curity is transferred to the Department of Homeland Se2 curity: Provided, That on request of the Department of 

3 Homeland Security, the Office of Personnel Management 

4 shall cooperate with and assist the Department in any in5 vestigation or reinvestigation under this section. 

6 SEC. 521. Section 312(g) of the Homeland Security 

7 Act of 2002 (6 U.S.C. 192(g)) is amended to read as fol8 lows: 

9 ‘‘(g) TERMINATION.—The Homeland Security Insti10 tute shall terminate 5 years after its establishment.’’. 

11 SEC. 522. Section 311(c)(2) of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 191(c)(2)) is amended to read 

13 as follows: 

14 ‘‘(2) ORIGINAL APPOINTMENTS.—The original 

15 members of the Advisory Committee shall be ap16 pointed to three classes. One class of six shall have 

17 a term of 1 year, one class of seven a term of 2 

18 years, and one class of seven a term of 3 years.’’. 

19 SEC. 523. Notwithstanding any other provision of 

20 law, funds appropriated under paragraphs (1) and (2) of 

21 the State and Local Programs heading under title III of 

22 this Act are exempt from section 6503(a) of title 31, 

23 United States Code. 

24 SEC. 524. None of the funds in this or previous Ap25 propriations Acts may be obligated for deployment or im-
47 

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1 plementation, on other than a test basis, of the Computer 

2 Assisted Passenger Prescreening System (CAPPS II) 

3 until the Secretary of Homeland Security has certified 

4 that the requirements of paragraphs (1) through (8) of 

5 subsection (a), and the requirements of subsection (b), of 

6 section 519 of Public Law 108–90 have been met and the 

7 General Accounting Office has reviewed such certification: 

8 Provided, That the Secretarial certification and General 

9 Accounting Office review shall explicitly include the effi10 cacy and accuracy of any algorithms contained within 

11 CAPPS II to predict the likelihood of a passenger’s asso12 ciation with terrorists: Provided further, That the Secre13 tarial certification is not delegable. 

14 SEC. 525. None of the funds appropriated in this or 

15 any other Act may be used by the Undersecretary for 

16 Management, the Chief Financial Officer, or the Office of 

17 Management and Budget for the purpose of reviewing or 

18 altering any report directed to be submitted to the Com19 mittees on Appropriations in this Act and its accom20 panying report. This section shall only apply to those re21 ports related to the operations, programs, and activities 

22 of the Department of Homeland Security. 

23 SEC. 526. (a) CLARIFICATION OF PROHIBITION ON

24 CONTRACTING WITH FOREIGN INCORPORATED ENTI-
48 

HR 4567 RH 

1 TIES.—Section 835 of the Homeland Security Act of 2002 

2 (Public Law 107–296; 6 U.S.C. 395) is amended— 

3 (1) in subsection (a), by inserting before the pe4 riod ‘‘, or any subsidiary of such an entity’’; 

5 (2) in subsection (b)(1), by inserting ‘‘before, 

6 on, or’’ after the ‘‘completes’’; 

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

8 is after the date of enactment of this Act and’’; and 

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

10 and inserting ‘‘national’’. 

11 (b) PROHIBITION ON ORDERS UNDER TASK AND DE12 LIVERY ORDER CONTRACTS.—Section 835 of the Home13 land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 

14 395) is further amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(e) TASK AND DELIVERY ORDERS.—After the date 

17 of the enactment of this subsection, no order may be 

18 issued under a task and delivery order contract entered 

19 into by the Department of Homeland Security before, on, 

20 or after the date of the enactment of this Act if the con21 tractor for such contract is treated as an inverted domestic 

22 corporation under subsection (b).’’. 

23 This Act may be cited as the ‘‘Department of Home24 land 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 

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

JUNE 15, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed