H. R. 4567—18
through the commitment of amounts available from funds appro-
priated under this heading by this or previous appropriations Acts,
including the amount, recipient and purpose of the agreement.
SCIENCE AND TECHNOLOGY
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the immediate Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$68,586,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects; development; test and evalua-
tion; acquisition; and operations; as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$1,046,864,000, to remain available until expended.
TITLE V—GENERAL PROVISIONS
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act: Provided, That
balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2005, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a re-
programming of funds that: (1) creates a new program; (2) elimi-
nates a program, project, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds directed
for a specific activity by either the House or Senate Committees
on Appropriations for a different purpose; or (5) contracts out any
functions or activities for which funds have been appropriated for
Federal full-time equivalent positions; unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriation Acts to the agencies in or transferred to the Depart-
ment 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
H. R. 4567—19
of fees available to the agencies funded by this Act, shall be avail-
able for obligation or expenditure for programs, projects, or activities
through a reprogramming of funds in excess of $5,000,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by
10 percent as approved by the Congress; or (3) results from any
general savings from a reduction in personnel that would result
in a change in existing programs, projects, or activities as approved
by the Congress; unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days
in advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropria-
tions, except as otherwise specifically provided, shall be increased
by more than 10 percent by such transfers: Provided, That any
transfer under this section shall be treated as a reprogramming
of funds under subsection (b) of this section and shall not be
available for obligation unless the Committees on Appropriations
of the Senate and the House of Representatives are notified 15
days in advance of such transfer.
(d) Notifications pursuant to subsections (a), (b) and (c) of
this subsection shall not be made later than June 30, except in
extraordinary circumstances which imminently threaten the safety
of human life or the protection of property.
SEC. 504. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2005 from appropriations for salaries
and expenses for fiscal year 2005 in this Act shall remain available
through September 30, 2006, in the account and for the purposes
for which the appropriations were provided: Provided, That prior
to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives for approval in accordance with section 503
of this Act.
SEC. 505. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2005 until the enactment of
an Act authorizing intelligence activities for fiscal year 2005.
SEC. 506. The Federal Law Enforcement Training Center shall
establish an accrediting body, to include representatives from the
Federal law enforcement community and non-Federal accreditation
experts involved in law enforcement training, to establish standards
for measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and instructors.
SEC. 507. None of the funds in this Act may be used to make
a grant allocation, discretionary grant award, discretionary contract
award, or to issue a letter of intent totaling in excess of $1,000,000
unless the Secretary of Homeland Security notifies the Committees
on Appropriations of the Senate and House of Representatives
at least 3 full business days in advance: Provided, That no notifica-
tion 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
H. R. 4567—20
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 Enforce-
ment Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
SEC. 509. The Director of the Federal Law Enforcement
Training Center (FLETC) shall schedule basic and/or advanced
law enforcement training at all four training facilities under
FLETC’s control to ensure that these training centers are operated
at the highest capacity throughout the fiscal year.
SEC. 510. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus,
if required by the Public Buildings Act of 1959, has not been
approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
SEC. 511. For fiscal year 2005 and thereafter, none of the
funds appropriated or otherwise made available by this Act shall
be used to pursue or adopt guidelines or regulations requiring
airport sponsors to provide to the Transportation Security Adminis-
tration without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for serv-
ices relating to aviation security: Provided, That the prohibition
of funds in this section does not apply to—
(1) negotiations between the agency and airport sponsors
to achieve agreement on ‘‘below-market’’ rates for these items,
or
(2) space for necessary security checkpoints.
SEC. 512. None of the funds in this Act may be used in con-
travention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
SEC. 513. The Secretary of Homeland Security is directed to
research, develop, and procure certified systems to inspect and
screen air cargo on passenger aircraft at the earliest date possible:
Provided, That until such technology is procured and installed,
the Secretary shall take all possible actions to enhance the known
shipper program to prohibit high-risk cargo from being transported
on passenger aircraft: Provided further, That the Secretary shall
amend Security Directives and programs in effect on the date
of enactment of this Act to, at a minimum, triple the percentage
of cargo inspected on passenger aircraft.
SEC. 514. The Commandant of the Coast Guard shall provide
to the Congress each year, at the time that the President’s budget
is submitted under section 1105(a) of title 31, United States Code,
a list of approved but unfunded Coast Guard priorities and the
funds needed for each such priority in the same manner and with
the same contents as the unfunded priorities lists submitted by
the chiefs of other Armed Services.
SEC. 515. (a) IN GENERAL.—Chapter 449 of title 49, United
States Code, is amended by inserting after section 44944 the fol-
lowing new section:
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‘‘§ 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 avail-
able until expended for the purpose of providing civil aviation
security as required in this chapter.’’.
(b) ANNUAL REPORT.—Not later than 180 days after the date
of enactment of this Act and annually thereafter, the Administrator
of the Transportation Security Administration shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives; the Committee on Appropriations of the House
of Representatives; the Committee on Commerce, Science and
Transportation of the Senate; and the Committee on Appropriations
of the Senate, a report that contains a detailed description of
the amount of unclaimed money recovered in total and at each
individual airport, and specifically how the unclaimed money is
being used to provide civil aviation security.
(c) CLERICAL AMENDMENT.—The analysis for chapter 449 of
title 49, United States Code, is amended by adding the following
new item after the item relating to section 44944:
‘‘44945. Disposition of unclaimed money.’’.
SEC. 516. Notwithstanding section 3302 of title 31, United
States Code, the Administrator of the Transportation Security
Administration may impose a reasonable charge for the lease of
real and personal property to Transportation Security Administra-
tion employees and for use by Transportation Security Administra-
tion employees and may credit amounts received to the appropria-
tion or fund initially charged for operating and maintaining the
property, which amounts shall be available, without fiscal year
limitation, for expenditure for property management, operation,
protection, construction, repair, alteration, and related activities.
SEC. 517. The acquisition management system of the Transpor-
tation Security Administration shall apply to the acquisition of
services, as well as equipment, supplies, and materials.
SEC. 518. Notwithstanding any other provision of law, the
authority of the Office of Personnel Management to conduct per-
sonnel security and suitability background investigations, update
investigations, and periodic reinvestigations of applicants for, or
appointees in, positions in the Office of the Secretary and Executive
Management, the Office of the Under Secretary of Management,
the Directorate of Science and Technology, and the Directorate
of Information Analysis and Infrastructure Protection of the Depart-
ment of Homeland Security is transferred to the Department of
Homeland Security: Provided, That on request of the Department
of Homeland Security, the Office of Personnel Management shall
cooperate with and assist the Department in any investigation
or reinvestigation under this section.
SEC. 519. Section 312(g) of the Homeland Security Act of 2002
(6 U.S.C. 192(g)) is amended to read as follows:
‘‘(g) TERMINATION.—The Homeland Security Institute shall
terminate 5 years after its establishment.’’.
SEC. 520. Section 311(c)(2) of the Homeland Security Act of
2002 (6 U.S.C. 191(c)(2)) is amended to read as follows:
‘‘(2) ORIGINAL
APPOINTMENTS.—The original members of
the Advisory Committee shall be appointed to three classes.
One class of six shall have a term of 1 year, one class of