H. R. 4567—22
seven a term of 2 years, and one class of seven a term of
3 years.’’.
SEC. 521. 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. 522. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementa-
tion, on other than a test basis, of the Computer Assisted Passenger
Prescreening System (CAPPS II) or Secure Flight or other follow
on/successor programs, that the Transportation Security Adminis-
tration (TSA), or any other Department of Homeland Security
component, plans to utilize to screen aviation passengers, until
the Government Accountability Office has reported to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives that—
(1) a system of due process exists whereby aviation pas-
sengers determined to pose a threat are either delayed or
prohibited from boarding their scheduled flights by the TSA
may appeal such decision and correct erroneous information
contained in CAPPS II or Secure Flight or other follow on/
successor programs;
(2) the underlying error rate of the government and private
data bases that will be used both to establish identity and
assign a risk level to a passenger will not produce a large
number of false positives that will result in a significant number
of passengers being treated mistakenly or security resources
being diverted;
(3) the TSA has stress-tested and demonstrated the efficacy
and accuracy of all search tools in CAPPS II or Secure Flight
or other follow on/successor programs and has demonstrated
that CAPPS II or Secure Flight or other follow on/successor
programs can make an accurate predictive assessment of those
passengers who may constitute a threat to aviation;
(4) the Secretary of Homeland Security has established
an internal oversight board to monitor the manner in which
CAPPS II or Secure Flight or other follow on/successor pro-
grams are being developed and prepared;
(5) the TSA has built in sufficient operational safeguards
to reduce the opportunities for abuse;
(6) substantial security measures are in place to protect
CAPPS II or Secure Flight or other follow on/successor pro-
grams from unauthorized access by hackers or other intruders;
(7) the TSA has adopted policies establishing effective over-
sight of the use and operation of the system;
(8) there are no specific privacy concerns with the techno-
logical architecture of the system;
(9) the TSA has, pursuant to the requirements of section
44903 (i)(2)(A) of title 49, United States Code, modified CAPPS
II or Secure Flight or other follow on/successor programs with
respect to intrastate transportation to accommodate States with
unique air transportation needs and passengers who might
otherwise regularly trigger primary selectee status; and
(10) appropriate life-cycle cost estimates, and expenditure
and program plans exist.
(b) During the testing phase permitted by paragraph (a) of
this section, no information gathered from passengers, foreign or
H. R. 4567—23
domestic air carriers, or reservation systems may be used to screen
aviation passengers, or delay or deny boarding to such passengers,
except in instances where passenger names are matched to a
government watch list.
(c) None of the funds provided in this or any previous appropria-
tions Act may be utilized to develop or test algorithms assigning
risk to passengers whose names are not on government watch
lists.
(d) None of the funds provided in this or any previous appropria-
tions Act may be utilized to test an identity verification system
that utilizes at least one database that is obtained from or remains
under the control of a non-Federal entity until TSA has developed
measures to determine the impact of such verification on aviation
security and the Government Accountability Office has reported
on its evaluation of the measures.
(e) TSA shall cooperate fully with the Government Account-
ability Office, and provide timely responses to the Government
Accountability Office requests for documentation and information.
(f) The Government Accountability Office shall submit the
report required under paragraph (a) of this section no later than
March 28, 2005.
SEC. 523. 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’’.
SEC. 524. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 525. Notwithstanding any other provision of law, the
fiscal year 2004 aggregate overtime limitation prescribed in sub-
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261
and 267) shall be $30,000.
SEC. 526. Notwithstanding any other provision of law, notifica-
tions pursuant to section 503 of this Act or any other authority
for reprogramming of funds shall be made solely to the Committees
on Appropriations of the Senate and House of Representatives.
SEC. 527. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Manage-
ment and Budget Circular A–76 for services provided as of June
1, 2004, by employees (including employees serving on a temporary
or term basis) of Citizenship and Immigration Services of the
Department of Homeland Security who are known as of that date
as Immigration Information Officers, Contact Representatives, or
Investigative Assistants.
SEC. 528. None of the funds available in this Act shall be
available to maintain the United States Secret Service as anything
but a distinct entity within the Department of Homeland Security
and shall not be used to merge the United States Secret Service
with any other department function, cause any personnel and oper-
ational elements of the United States Secret Service to report
to an individual other than the Director of the United States Secret
H. R. 4567—24
Service, or cause the Director to report directly to any individual
other than the Secretary of Homeland Security.
This Act may be cited as the ‘‘Department of Homeland Security
Appropriations Act, 2005’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.