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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 Depart-
ment 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 re-
programming of funds under subsection (b) and shall not 
be available for obligation unless the Committees on Ap-
propriations of the Senate and the House of Representa-
tives 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 Sep-
tember 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.
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SEC. 505. Funds made available by this Act for in-
telligence activities are deemed to be specifically author-
ized 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 author-
izing intelligence activities for fiscal year 2005. 
SEC. 506. The Federal Law Enforcement Training 
Center shall establish an accrediting body, to include rep-
resentatives from the Federal law enforcement commu-
nity 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, discre-
tionary 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 let-
ter of intent from the Transportation Security Adminis-
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tration; (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 ad-
ditional facilities, except within or contiguous to existing 
locations, to be used for the purpose of conducting Fed-
eral law enforcement training without the advance ap-
proval of the Committees on Appropriations of the Senate 
and the House of Representatives, except that the Fed-
eral 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 Enforce-
ment Training Center shall ensure that all training facili-
ties under the control of the Center are operated at opti-
mal capacity throughout the fiscal year. 
SEC. 510. None of the funds appropriated or other-
wise 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
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for required expenses for the development of a proposed 
prospectus. 
SEC. 511. None of the funds appropriated or other-
wise made available by this Act shall be used to pursue 
or adopt guidelines or regulations requiring airport spon-
sors to provide to the Transportation Security Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to aviation security: Pro-
vided, 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—
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(1) a notification of the intent to apply such ex-
ception is submitted to the Committees on Appro-
priations of the Senate and the House of Represent-
atives; 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 en-
tered into by the Department of Homeland Security dur-
ing 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 Ap-
propriations of the Senate and the House of Representa-
tives 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 sub-
section shall be submitted with for fiscal year 2006. 
SEC. 513. The Secretary of Homeland Security is di-
rected 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 tech-
nology is procured and installed, the Secretary shall take 
all possible actions to enhance the known shipper pro-
gram to prohibit high-risk cargo from being transported
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on passenger aircraft: Provided further, That the Sec-
retary shall amend Security Directives and programs in 
effect on the date of enactment of this Act to, at a min-
imum, double the percentage of cargo inspected on pas-
senger 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 hous-
ing 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 Manage-
ment and Budget, the sale proceeds in excess of that av-
erage shall be credited to an account of the Coast Guard 
and be available for the Coast Guard. 
SEC. 515. (a) ESTABLISHMENT OF CHIEF PROCURE-
MENT OFFICER.—The Homeland Security Act of 2002 is 
amended as follows: 
(1) In section 103(d) (6 U.S.C. 113(d)), by re-
designating paragraph (5) as paragraph (6) and in-
serting after paragraph (4) the following: 
‘‘(5) A Chief Procurement Officer.’’.
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(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 sec-
tion 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 un-
funded 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.
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SEC. 517. (a) IN GENERAL.—Chapter 449 of title 49, 
United States Code, is amended by inserting after section 
44944 the following new section: 
‘‘§ 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 chap-
ter.’’. 
(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 Admin-
istration shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
the Committee on Appropriations of the House of Rep-
resentatives, the Committee on Commerce, Science and 
Transportation of the Senate and the Committee on Ap-
propriations of the Senate, a report that contains a de-
tailed description of the amount of unclaimed money re-
covered in total and at each individual airport, and specifi-
cally how the unclaimed money is being used to provide 
civil aviation security. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 449 of title 49, United States Code, is amended by
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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 Transpor-
tation 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 Trans-
portation Security Administration employees and may 
credit amounts received to the appropriation or fund ini-
tially charged for operating and maintaining the property, 
which amounts shall be available, without fiscal year limi-
tation, for expenditure for property management, oper-
ation, protection, construction, repair, alteration, and re-
lated 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 reinves-
tigations of applicants for, or appointees in, competitive 
service positions within the Department of Homeland Se-
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curity is transferred to the Department of Homeland Se-
curity: Provided, That on request of the Department of 
Homeland Security, the Office of Personnel Management 
shall cooperate with and assist the Department in any in-
vestigation 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 fol-
lows: 
‘‘(g) TERMINATION.—The Homeland Security Insti-
tute shall terminate 5 years after its establishment.’’. 
SEC. 522. Section 311(c)(2) of the Homeland Secu-
rity 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 ap-
pointed 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 Ap-
propriations Acts may be obligated for deployment or im-
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plementation, 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 effi-
cacy and accuracy of any algorithms contained within 
CAPPS II to predict the likelihood of a passenger’s asso-
ciation with terrorists: Provided further, That the Secre-
tarial 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 Com-
mittees on Appropriations in this Act and its accom-
panying report. This section shall only apply to those re-
ports related to the operations, programs, and activities 
of the Department of Homeland Security. 
SEC. 526. (a) CLARIFICATION OF PROHIBITION ON 
CONTRACTING WITH FOREIGN INCORPORATED ENTI-
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TIES.—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 pe-
riod ‘‘, 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 DE-
LIVERY ORDER CONTRACTS.—Section 835 of the Home-
land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 
395) is further amended by adding at the end the fol-
lowing 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 con-
tractor for such contract is treated as an inverted domestic 
corporation under subsection (b).’’. 
This Act may be cited as the ‘‘Department of Home-
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 
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