II 
Calendar No. 588 
108TH CONGRESS 
2D SESSION 
H. R. 4567 
IN THE SENATE OF THE UNITED STATES 
JUNE 21, 2004 
Received; read twice and placed on the calendar 
AN ACT 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2005, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any
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money in the Treasury not otherwise appropriated, for the 
Department of Homeland Security for the fiscal year end-
ing September 30, 2005, and for other purposes, namely: 
TITLE I—DEPARTMENTAL MANAGEMENT AND 
OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE 
MANAGEMENT 
For necessary expenses of the Office of the Sec-
retary of Homeland Security, as authorized by section 
102 of the Homeland Security Act of 2002 (6 U.S.C. 
112), and executive management of the Department of 
Homeland Security, as authorized by law, $80,227,000: 
Provided, That not to exceed $45,000 shall be for official 
reception and representation expenses. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under 
Secretary for Management, as authorized by sections 
701–705 of the Homeland Security Act of 2002 (6 
U.S.C. 341–345), $179,806,000 (reduced by $450,000) 
(reduced by $50,000,000): Provided, That not to exceed 
$5,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount pro-
vided, $65,081,000 shall remain available until expended 
for costs necessary to consolidate headquarters operations
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at the Nebraska Avenue Complex, including tenant im-
provements and relocation costs. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Fi-
nancial Officer, as authorized by section 103 of the Home-
land Security Act of 2002 (6 U.S.C. 113), $13,000,000. 
OFFICE OF THE CHIEF PROCUREMENT OFFICER 
For necessary expenses of the Office of the Chief Pro-
curement Officer, $7,734,000. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief In-
formation Officer, as authorized by section 103 of the 
Homeland Security Act of 2002 (6 U.S.C. 113), 
$60,139,000. 
DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS 
For development and acquisition of information 
technology equipment, software, services, and related ac-
tivities for the Department of Homeland Security, and 
for the costs of conversion to narrowband communica-
tions, including the cost for operation of the land mobile 
radio legacy systems, $211,000,000, to remain available 
until expended: Provided, That none of the funds appro-
priated shall be used to support or supplement the appro-
priations provided for the United States Visitor and Im-
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migrant Status Indicator Technology project or the Auto-
mated Commercial Environment. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978 (5 U.S.C. App.), $82,317,000, of 
which not to exceed $100,000 may be used for certain 
confidential operational expenses, including the payment 
of informants, to be expended at the direction of the In-
spector General. 
TITLE II—SECURITY, ENFORCEMENT, AND 
INVESTIGATIONS 
OFFICE OF THE UNDER SECRETARY FOR BORDER AND 
TRANSPORTATION SECURITY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Under 
Secretary for Border and Transportation Security, as au-
thorized by subtitle A of title IV of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 201 et seq.), $10,371,000. 
UNITED STATES VISITOR AND IMMIGRANT STATUS 
INDICATOR TECHNOLOGY 
For necessary expenses for the development of the 
United States Visitor and Immigrant Status Indicator 
Technology project, as authorized by section 110 of the 
Illegal Immigration Reform and Immigration Responsi-
bility Act of 1996 (8 U.S.C. 1221 note), $340,000,000,
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to remain available until expended: Provided, That of the 
funds appropriated under this heading, $254,000,000 
may not be obligated for the United States Visitor and 
Immigrant Status Indicator Technology project until the 
Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Se-
curity that: (1) meets the capital planning and invest-
ment control review requirements established by the Of-
fice of Management and Budget, including Circular A– 
11, part 3; (2) complies with the Department of Home-
land Security enterprise information systems architec-
ture; (3) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition management 
practices of the Federal Government; (4) is reviewed and 
approved by the Department of Homeland Security and 
the Office of Management and Budget; and (5) is re-
viewed by the General Accounting Office. 
CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws re-
lating to border security, immigration, customs, and agri-
cultural inspections and regulatory activities related to 
plant and animal imports; acquisition, lease, maintenance 
and operation of aircraft; purchase and lease of up to
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4,500 (3,935 for replacement only) police-type vehicles; 
and contracting with individuals for personal services 
abroad; $4,611,911,000 (increased by $450,000), of 
which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses re-
lated to the collection of the Harbor Maintenance Fee 
pursuant to Public Law 103–182 and notwithstanding 
section 1511(e)(1) of Public Law 107–296; of which not 
to exceed $40,000 shall be for official reception and rep-
resentation 
expenses; 
of 
which 
not 
to 
exceed 
$176,162,000 shall remain available until September 30, 
2006, for inspection and surveillance technology, un-
manned aerial vehicles, and equipment for the Container 
Security Initiative; of which such sums as become avail-
able in the Customs User Fee Account, except sums sub-
ject to section 13031(f)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
shall be derived from that account; of which not to exceed 
$150,000 shall be available for payment for rental space 
in connection with preclearance operations; of which not 
to exceed $1,000,000 shall be for awards of compensation 
to informants, to be accounted for solely under the cer-
tificate of the Under Secretary for Border and Transpor-
tation Security; and of which not to exceed $5,000,000 
shall be available for payments or advances arising out
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of contractual or reimbursable agreements with State and 
local law enforcement agencies while engaged in coopera-
tive activities related to immigration: Provided, That for 
fiscal year 2005, the aggregate overtime limitation pre-
scribed in section 5(c)(1) of the Act of February 13, 
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not-
withstanding any other provision of law, none of the 
funds appropriated in this Act may be available to com-
pensate any employee of U.S. Customs and Border Pro-
tection for aggregate overtime and premium pay, from 
whatever source, in an amount that exceeds such limita-
tion, except in individual cases determined by the Under 
Secretary for Border and Transportation Security, or a 
designee, to be necessary for national security purposes, 
to prevent excessive costs, or in cases of immigration 
emergencies: Provided further, That none of the funds ap-
propriated in this Act may be obligated to construct per-
manent Border Patrol checkpoints in the U.S. Customs 
and Border Protection’s Tucson sector: Provided further, 
That the Commissioner, U.S. Customs and Border Pro-
tection, is directed to submit to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives a plan for expenditure that includes location, design, 
costs, and benefits of each proposed Tucson sector per-
manent checkpoint: Provided further, That U.S. Customs
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and Border Protection shall relocate its tactical check-
points in the Tucson sector at least an average of once 
every 14 days in a manner designed to prevent persons 
subject to inspection from predicting the location of any 
such checkpoint. 
AUTOMATION MODERNIZATION 
For expenses for customs and border protection 
automated systems, $449,909,000, to remain available 
until expended, of which not less than $321,690,000 shall 
be for the development of the Automated Commercial 
Environment: Provided, That none of the funds appro-
priated under this heading may be obligated for the 
Automated Commercial Environment until the Commit-
tees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expendi-
ture prepared by the Under Secretary for Border and 
Transportation Security that: (1) meets the capital plan-
ning and investment control review requirements estab-
lished by the Office of Management and Budget, includ-
ing Circular A–11, part 3; (2) complies with U.S. Cus-
toms and Border Protection’s enterprise information sys-
tems architecture; (3) complies with the acquisition rules, 
requirements, guidelines, and systems acquisition man-
agement practices of the Federal Government; (4) is re-
viewed and approved by the U.S. Customs and Border 
Protection Investment Review Board, the Department of
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Homeland Security, and the Office of Management and 
Budget; and (5) is reviewed by the General Accounting 
Office. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of laws relating to 
customs and immigration, $91,718,000, to remain avail-
able until expended. 
IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigra-
tion and customs laws, detention and removals, and in-
vestigations; and purchase and lease of up to 2,300 
(2,000 
for 
replacement 
only) 
police-type 
vehicles; 
$2,377,006,000, of which not to exceed $5,000,000 shall 
be available until expended for conducting special oper-
ations pursuant to section 3131 of the Customs Enforce-
ment Act of 1986 (19 U.S.C. 2081); of which not to ex-
ceed $15,000 shall be for official reception and represen-
tation expenses; of which not to exceed $1,000,000 shall 
be for awards of compensation to informants, to be ac-
counted for solely under the certificate of the Under Sec-
retary for Border and Transportation Security; of which 
not less than $100,000 shall be for promotion of public 
awareness of the child pornography tipline; of which not
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less than $200,000 shall be for Project Alert; and of 
which not to exceed $16,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation 
of smuggled illegal aliens: Provided, That none of the 
funds appropriated shall be available to compensate any 
employee for overtime in an annual amount in excess of 
$35,000, except that the Under Secretary for Border and 
Transportation Security may waive that amount as nec-
essary for national security purposes and in cases of im-
migration emergencies: Provided further, That of the total 
amount provided, $3,000,000 shall be for activities to en-
force laws against forced child labor in fiscal year 2005, 
of which not to exceed $2,000,000 shall remain available 
until expended. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal air marshals, 
$662,900,000, to remain available until expended. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account, not to exceed $478,000,000, shall be 
available until expended for necessary expenses related to 
the protection of federally-owned and leased buildings 
and for the operations of the Federal Protective Service.
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AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforce-
ment automated systems, $39,605,000, to remain avail-
able until expended: Provided, That none of the funds ap-
propriated under this heading may be obligated for 
ATLAS until the Committees on Appropriations of the 
Senate and the House of Representatives receive and ap-
prove a plan for expenditure prepared by the Under Sec-
retary for Border and Transportation Security that: (1) 
meets the capital planning and investment control review 
requirements established by the Office of Management 
and Budget, including Circular A–11, part 3; (2) com-
plies with U.S. Immigration and Customs Enforcement’s 
enterprise information systems architecture; (3) complies 
with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal 
Government; (4) is reviewed and approved by the U.S. 
Immigration and Customs Enforcement’s Investment Re-
view Board, the Department of Homeland Security, and 
the Office of Management and Budget; and (5) is re-
viewed by the General Accounting Office. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of the laws relating
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to customs and immigration, $26,179,000, to remain 
available until expended. 
AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, and 
other related equipment of the air and marine program, 
including operational training and mission-related travel, 
and rental payments for facilities occupied by the air or 
marine interdiction and demand reduction programs, the 
operations of which include the following: the interdiction 
of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or 
administration of laws enforced by U.S. Customs and 
Border Protection or U.S. Immigration and Customs En-
forcement; and at the discretion of the Under Secretary 
for Border and Transportation Security, the provision of 
assistance to Federal, State, and local agencies in other 
law enforcement and emergency humanitarian efforts, 
$257,535,000, to remain available until expended: Pro-
vided, That no aircraft or other related equipment, with 
the exception of aircraft that are one of a kind and have 
been identified as excess to U.S. Immigration and Cus-
toms Enforcement requirements and aircraft that have 
been damaged beyond repair, shall be transferred to any 
other Federal agency, department, or office outside of the
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Department of Homeland Security during fiscal year 
2005 without the prior approval of the Committees on 
Appropriations of the Senate and the House of Rep-
resentatives. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to providing civil aviation se-
curity services pursuant to the Aviation and Transpor-
tation 
Security 
Act 
(Public 
Law 
107–71), 
$4,270,564,000, to remain available until expended, of 
which not to exceed $3,000 shall be for official reception 
and representation expenses: Provided, That of the total 
amount provided under this heading, not to exceed 
$2,016,814,000 shall be for passenger screening activi-
ties; not to exceed $1,406,460,000 shall be for baggage 
screening activities; and not to exceed $847,290,000 shall 
be for airport security direction and enforcement: Pro-
vided further, That security service fees authorized under 
section 44940 of title 49, United States Code, shall be 
credited to this appropriation as offsetting collections: 
Provided further, That the sum herein appropriated from 
the General Fund shall be reduced on a dollar-for-dollar 
basis as such offsetting collections are received during 
fiscal year 2005, so as to result in a final fiscal year ap-
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propriation from the General Fund estimated at not more 
than $2,447,564,000: Provided further, That any security 
service fees collected pursuant to section 118 of Public 
Law 107–71 in excess of the amount appropriated under 
this heading shall be treated as offsetting collections in 
fiscal year 2006: Provided further, That none of the 
funds in this Act shall be used to recruit or hire per-
sonnel into the Transportation Security Administration 
which would cause the agency to exceed a staffing level 
of 45,000 full-time equivalent screeners. 
MARITIME AND LAND SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to maritime and land trans-
portation security grants and services pursuant to the 
Aviation and Transportation Security Act (Public Law 
107–71), $65,000,000, to remain available until Sep-
tember 30, 2006. 
In addition, from fees authorized by section 520 of 
Public Law 108–90, up to $67,000,000 is available until 
expended: Provided, That in fiscal year 2005, other funds 
under this heading may be used for initial administrative 
costs of such credentialing activities. 
INTELLIGENCE 
For necessary expenses for intelligence activities 
pursuant to the Aviation and Transportation Security 
Act (Public Law 107–71), $14,000,000.
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RESEARCH AND DEVELOPMENT 
For necessary expenses for research and develop-
ment related to transportation security, $174,000,000, to 
remain available until expended. 
ADMINISTRATION 
For necessary expenses for administrative activities 
of the Transportation Security Administration to carry 
out the Aviation and Transportation Security Act (Public 
Law 107–71), $524,852,000, to remain available until 
September 30, 2006. 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and main-
tenance of the Coast Guard not otherwise provided for; 
purchase or lease of not to exceed 25 passenger motor ve-
hicles for replacement only; payments pursuant to section 
156 of Public Law 97–377 (42 U.S.C. 402 note) and sec-
tion 229(b) of the Social Security Act (42 U.S.C. 
429(b)); and recreation and welfare; $5,171,220,000, of 
which $1,204,000,000 shall be for defense-related activi-
ties; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990; and 
of which not to exceed $3,000 shall be for official recep-
tion and representation expenses: Provided, That none of 
the funds appropriated by this or any other Act shall be
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available for administrative expenses in connection with 
shipping commissioners in the United States: Provided 
further, That none of the funds provided by this Act shall 
be available for expenses incurred for yacht documenta-
tion under section 12109 of title 46, United States Code, 
except to the extent fees are collected from yacht owners 
and credited to this appropriation: Provided further, That 
notwithstanding section 1116(c) of title 10, United 
States Code, amounts made available under this heading 
may be used to make payments into the Department of 
Defense Medicare-Eligible Retiree Health Care Fund for 
fiscal year 2005 under section 1116(a) of such title. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the Coast 
Guard’s environmental compliance and restoration func-
tions under chapter 19 of title 14, United States Code, 
$17,000,000, to remain available until expended. 
RESERVE TRAINING 
For necessary expenses of the Coast Guard Reserve, 
as authorized by law; operations and maintenance of the 
reserve program; personnel and training costs; and equip-
ment and services; $113,000,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore
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facilities, vessels, and aircraft, including equipment re-
lated thereto; and maintenance, rehabilitation, lease and 
operation of facilities and equipment, as authorized by 
law, $936,550,000, of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990; of which $19,750,000 shall be available until 
September 30, 2009, to acquire, repair, renovate, or im-
prove vessels, small boats, and related equipment; of 
which $1,800,000 shall be available until September 30, 
2009, 
to 
increase 
aviation 
capability; 
of 
which 
$138,000,000 shall be available until September 30, 
2007, for other equipment; of which $5,000,000 shall be 
available until September 30, 2007, for shore facilities 
and aids to navigation of which $73,000,000 shall be 
available until September 30, 2006, for personnel com-
pensation and benefits and related costs; and of which 
$679,000,000 shall be available until September 30, 
2009, for the Integrated Deepwater Systems program: 
Provided, That the Secretary of Homeland Security shall 
submit to the Congress, in conjunction with the Presi-
dent’s fiscal year 2006 budget, a new Deepwater baseline 
that identifies revised acquisition timelines for each asset 
contained in the Deepwater program; a timeline and de-
tailed justification for each new asset that is determined
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to be necessary to fulfill homeland and national security 
functions or multi-agency procurements as identified by 
the Joint Requirements Council; a detailed description of 
the revised mission requirements and their corresponding 
impact on the Deepwater program’s acquisition timeline; 
and funding levels for each asset, whether new or con-
tinuing: Provided further, That the Secretary shall annu-
ally submit to the Congress, at the time that the Presi-
dent’s budget is submitted under section 1105(a) of title 
31, a future-years capital investment plan for the Coast 
Guard that identifies for each capital budget line item— 
(1) the proposed appropriation included in that 
budget; 
(2) the total estimated cost of completion; 
(3) projected funding levels for each fiscal year 
for the next five fiscal years or until project comple-
tion, whichever is earlier; 
(4) an estimated completion date at the pro-
jected funding levels; and 
(5) changes, if any, in the total estimated cost 
of completion or estimated completion date from 
previous future-years capital investment plans sub-
mitted to the Congress: 
Provided further, That the Secretary shall ensure that 
amounts specified in the future-years capital investment
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plan are consistent to the maximum extent practicable 
with proposed appropriations necessary to support the 
programs, projects, and activities of the Coast Guard in 
the President’s budget as submitted under section 1105(a) 
of title 31 for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and 
proposed appropriations shall be identified and justified. 
In addition, of the funds appropriated under this heading 
in Public Law 108–90 and Public Law 108–7, 
$33,000,000 are rescinded. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of 
obstructive bridges, $16,400,000, to remain available 
until expended. 
RETIRED PAY 
For retired pay, including the payment of obliga-
tions otherwise chargeable to lapsed appropriations for 
this purpose, payments under the Retired Serviceman’s 
Family Protection and Survivor Benefits Plans, payment 
for career status bonuses under the National Defense Au-
thorization Act, and payments for medical care of retired 
personnel and their dependents under chapter 55 of title 
10, United States Code, $1,085,460,000.
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UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret 
Service, including purchase of not to exceed 610 vehicles 
for police-type use, which shall be for replacement only, 
and hire of passenger motor vehicles; purchase of Amer-
ican-made motorcycles; hire of aircraft; services of expert 
witnesses at such rates as may be determined by the Di-
rector; rental of buildings in the District of Columbia, 
and fencing, lighting, guard booths, and other facilities 
on private or other property not in Government owner-
ship or control, as may be necessary to perform protec-
tive functions; payment of per diem or subsistence allow-
ances to employees where a protective assignment during 
the actual day or days of the visit of a protectee requires 
an employee to work 16 hours per day or to remain over-
night at his or her post of duty; conduct of and participa-
tion in firearms matches; presentation of awards; travel 
of Secret Service employees on protective missions with-
out regard to the limitations on such expenditures in this 
or any other Act if approval is obtained in advance from 
the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; 
grants to conduct behavioral research in support of pro-
tective research and operations; and payment in advance
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for commercial accommodations as may be necessary to 
perform protective functions; $1,179,125,000, of which 
not to exceed $30,000 shall be for official reception and 
representation expenses; of which not to exceed $100,000 
shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit in-
vestigations; of which $2,100,000 shall be for forensic 
and related support of investigations of missing and ex-
ploited children; and of which $5,000,000 shall be a 
grant for activities related to the investigations of ex-
ploited children and shall remain available until ex-
pended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 
30, 2006: Provided further, That not less than 
$10,000,000 for the costs of planning, preparing for, and 
conducting security operations for National Special Secu-
rity Events shall be available until September 30, 2006: 
Provided further, That the United States Secret Service 
is authorized to obligate funds in anticipation of reim-
bursements from agencies and entities, as defined in sec-
tion 105 of title 5, United States Code, receiving training 
sponsored by the James J. Rowley Training Center, ex-
cept that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under 
this heading at the end of the fiscal year.
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ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 
RELATED EXPENSES 
For necessary expenses for acquisition, construction, 
repair, 
alteration, 
and 
improvement 
of 
facilities, 
$3,633,000, to remain available until expended. 
TITLE III—PREPAREDNESS AND RECOVERY 
OFFICE FOR STATE AND LOCAL GOVERNMENT 
COORDINATION AND PREPAREDNESS 
SALARIES AND EXPENSES 
For necessary expenses for the Office for State and 
Local Government Coordination and Preparedness, as au-
thorized by sections 430 and 801 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 238 and 361), $41,432,000: 
Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses. 
STATE AND LOCAL PROGRAMS 
For grants, contracts, cooperative agreements, and 
other activities, including grants to State and local govern-
ments for terrorism prevention activities, $3,423,900,000, 
which shall be allocated as follows: 
(1) $1,250,000,000 for formula-based grants 
and $500,000,000 for law enforcement terrorism 
prevention grants pursuant to section 1014 of the 
USA PATRIOT Act of 2001 (42 U.S.C. 3714): Pro-
vided, That the application for grants shall be made 
available to States within 45 days after enactment
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of this Act; that States shall submit applications 
within 30 days after the grant announcement; and 
that the Office for State and Local Government Co-
ordination and Preparedness shall act within 15 
days after receipt of an application: Provided further, 
That each State shall obligate not less than 80 per-
cent of the total amount of the grant to local govern-
ments within 60 days after the grant award; 
(2) $1,000,000,000 for discretionary grants for 
use in high-threat, high-density urban areas and for 
rail and transit security, as determined by the Sec-
retary of Homeland Security: Provided, That not 
less than 80 percent of any grant to a State shall 
be made available by the State to local governments 
within 60 days after their receipt of the funds: Pro-
vided further, That section 1014(c)(3) of the USA 
PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 
not apply to these grants: Provided further, That of 
the funds provided, not less than $100,000,000 shall 
be used for rail and transit security grants; 
(3) $170,000,000 for emergency management 
performance grants pursuant to section 1014 of the 
USA PATRIOT Act of 2001 (42 U.S.C. 3714), as 
authorized by the National Flood Insurance Act of 
1968 and the Flood Disaster Protection Act of 1973
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(42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Re-
ductions Act of 1977 (42 U.S.C. 7701 et seq.), and 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App): 
Provided, That total administrative costs shall not 
exceed 3 percent of the total appropriation; and 
(4) $125,000,000 for port security grants, 
which shall be distributed under the same terms and 
conditions as provided for under Public Law 107– 
117: Provided, That section 1014(c)(3) of the USA 
PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 
not apply to these grants: 
Provided, That except for port security grants under para-
graph (4) of this heading, none of the funds appropriated 
under this heading shall be used for construction or ren-
ovation of facilities: Provided further, That funds appro-
priated for law enforcement terrorism prevention grants 
under paragraph (1) and discretionary grants under para-
graph (2) of this heading shall be available for operational 
costs, to include personnel overtime and overtime associ-
ated with Office for State and Local Government Coordi-
nation and Preparedness certified training, as needed: 
Provided further, That grantees shall provide reports on 
their use of funds, as deemed necessary by the Secretary
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of Homeland Security: Provided further, That the Office 
for State and Local Government Coordination and Pre-
paredness shall complete the development of mission es-
sential tasks by July 31, 2004; the fiscal year 2005 State 
grant guidance shall include instructions for the comple-
tion of State baseline assessments; a Federal response ca-
pabilities inventory shall be completed by March 15, 2005; 
and the Office for State and Local Government Coordina-
tion and Preparedness shall provide quarterly reports to 
the Committees on Appropriations of the Senate and the 
House of Representatives on the implementation of Home-
land Security Presidential Directive-8, beginning October 
1, 2004. 
FIREFIGHTER ASSISTANCE GRANTS 
For necessary expenses for programs authorized by 
section 33 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229), $600,000,000 (increased by 
$50,000,000, which increase is available for grants under 
section 34 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229a)), to remain available until Sep-
tember 30, 2006: Provided, That not to exceed 5 percent 
of this amount shall be available for program administra-
tion. 
COUNTERTERRORISM FUND 
For necessary expenses, as determined by the Sec-
retary of Homeland Security, to reimburse any Federal
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agency for the costs of providing support to counter, in-
vestigate, or respond to unexpected threats or acts of ter-
rorism, including payment of rewards in connection with 
these activities, $10,000,000, to remain available until 
expended: Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the 
House of Representatives 15 days prior to the obligation 
of any amount of these funds in accordance with section 
503 of this Act. 
EMERGENCY PREPAREDNESS AND RESPONSE 
OFFICE OF THE UNDER SECRETARY FOR EMERGENCY 
PREPAREDNESS AND RESPONSE 
For necessary expenses for the Office of the Under 
Secretary for Emergency Preparedness and Response, as 
authorized by section 502 of the Homeland Security Act 
of 2002 (6 U.S.C. 312), $4,211,000. 
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY 
For necessary expenses for preparedness, mitigation, 
response, and recovery activities of the Emergency Pre-
paredness and Response Directorate, $210,499,000, in-
cluding activities authorized by the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4011 et seq.), the Flood 
Disaster Protection Act of 1973 (42 U.S.C. 4001 et 
seq.), the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.), the 
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
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7701 et seq.), the Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Pro-
duction Act of 1950 (50 U.S.C. App. 2061 et seq.), sec-
tions 107 and 303 of the National Security Act of 1947 
(50 U.S.C. 404, 405, 411), Reorganization Plan No. 3 of 
1978 (5 U.S.C. App.), and the Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.). 
ADMINISTRATIVE AND REGIONAL OPERATIONS 
For necessary expenses for administrative and re-
gional operations of the Emergency Preparedness and 
Response Directorate, $203,939,000, including activities 
authorized by the National Flood Insurance Act of 1968 
(42 U.S.C. 4011 et seq.), the Flood Disaster Protection 
Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), the Earthquake Hazards Re-
duction Act of 1977 (42 U.S.C. 7701 et seq.), the Fed-
eral Fire Prevention and Control Act of 1974 (15 U.S.C. 
2201 et seq.), the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.), sections 107 and 303 of the 
National Security Act of 1947 (50 U.S.C. 404, 405, 
411), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
App.), and the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.): Provided, That not to exceed $4,000 shall 
be for official reception and representation expenses.
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PUBLIC HEALTH PROGRAMS 
For necessary expenses for countering potential bio-
logical, disease, and chemical threats to civilian popu-
lations, $34,000,000. 
DISASTER RELIEF 
For necessary expenses in carrying out the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), $2,042,380,000, to remain 
available until expended. 
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT 
For administrative expenses to carry out the direct 
loan program, as authorized by section 319 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5162), $567,000: Provided, That gross 
obligations for the principal amount of direct loans shall 
not exceed $25,000,000: Provided further, That the cost 
of modifying such loans shall be as defined in section 502 
of the Congressional Budget Act of 1974 (2 U.S.C. 
661a). 
FLOOD MAP MODERNIZATION FUND 
For necessary expenses pursuant to section 1360 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), $150,000,000, and such additional sums as may 
be provided by State and local governments or other po-
litical subdivisions for cost-shared mapping activities 
under section 1360(f)(2) of such Act, to remain available
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until expended: Provided, That total administrative costs 
shall not exceed 3 percent of the total appropriation. 
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 
The aggregate charges assessed during fiscal year 
2005, as authorized by the Energy and Water Develop-
ment Appropriations Act, 2001 (as enacted into law by 
Public Law 106–377), shall not be less than 100 percent 
of the amounts anticipated by the Department of Home-
land Security necessary for its radiological emergency 
preparedness program for the next fiscal year: Provided, 
That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of 
providing such services, including administrative costs of 
collecting such fees: Provided further, That fees received 
under this heading shall be deposited in this account as 
offsetting collections and will become available for au-
thorized purposes on October 1, 2005, and remain avail-
able until expended. 
NATIONAL FLOOD INSURANCE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For activities under the National Flood Insurance 
Act of 1968 (42 U.S.C. 4011 et seq.), and the Flood Dis-
aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
not to exceed $33,336,000 for salaries and expenses asso-
ciated with flood mitigation and flood insurance oper-
ations; and not to exceed $79,257,000 for flood hazard
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mitigation, to remain available until September 30, 2006, 
including up to $20,000,000 for expenses under section 
1366 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c), which amount shall be available for trans-
fer to the National Flood Mitigation Fund until Sep-
tember 30, 2006, and which amount shall be derived 
from offsetting collections assessed and collected pursu-
ant to section 1307 of that Act (42 U.S.C. 4014), and 
shall be retained and used for necessary expenses under 
this heading: Provided, That in fiscal year 2005, no 
funds in excess of: (1) $55,000,000 for operating ex-
penses; (2) $562,881,000 for agents’ commissions and 
taxes; and (3) $30,000,000 for interest on Treasury bor-
rowings shall be available from the National Flood Insur-
ance Fund. 
NATIONAL FLOOD MITIGATION FUND 
(INCLUDING TRANSFER OF FUNDS) 
Notwithstanding subparagraphs (B) and (C) of sub-
section (b)(3), and subsection (f), of section 1366 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4104c), $20,000,000, to remain available until September 
30, 2006, for activities designed to reduce the risk of 
flood damage to structures pursuant to such Act, of 
which $20,000,000 shall be derived from the National 
Flood Insurance Fund.
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NATIONAL PRE-DISASTER MITIGATION FUND 
For a pre-disaster mitigation grant program pursu-
ant to title II of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5131 et seq.), 
$100,000,000, to remain available until expended: Pro-
vided, That grants made for pre-disaster mitigation shall 
be awarded on a competitive basis subject to the criteria 
in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro-
vided further, That total administrative costs shall not ex-
ceed 3 percent of the total appropriation. 
EMERGENCY FOOD AND SHELTER 
To carry out an emergency food and shelter program 
pursuant to title III of the Stewart B. McKinney Home-
less Assistance Act (42 U.S.C. 11331 et seq.), 
$153,000,000, to remain available until expended: Pro-
vided, That total administrative costs shall not exceed 3.5 
percent of the total appropriation. 
TITLE IV—RESEARCH AND DEVELOPMENT, 
TRAINING, ASSESSMENTS, AND SERVICES 
CITIZENSHIP AND IMMIGRATION SERVICES 
For necessary expenses for citizenship and immigra-
tion services, $160,000,000. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforce-
ment Training Center, including materials and support
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costs of Federal law enforcement basic training; purchase 
of not to exceed 117 vehicles for police-type use and hire 
of passenger motor vehicles; expenses for student athletic 
and related activities; the conduct of and participation in 
firearms matches and presentation of awards; public 
awareness and enhancement of community support of law 
enforcement training; room and board for student in-
terns; a flat monthly reimbursement to employees author-
ized to use personal cell phones for official duties; and 
services as authorized by section 3109 of title 5, United 
States Code, $183,440,000, of which up to $36,174,000 
for materials and support costs of Federal law enforce-
ment basic training shall remain available until Sep-
tember 30, 2006; and of which not to exceed $12,000 
shall be for official reception and representation expenses: 
Provided, That the Center is authorized to obligate funds 
in anticipation of reimbursements from agencies receiving 
training sponsored by the Center, except that total obli-
gations at the end of the fiscal year shall not exceed total 
budgetary resources available at the end of the fiscal 
year. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 
RELATED EXPENSES 
For acquisition of necessary additional real property 
and facilities, construction, and ongoing maintenance, fa-
cility improvements, and related expenses of the Federal
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Law Enforcement Training Center, $37,917,000, to re-
main available until expended: Provided, That the Center 
is authorized to accept reimbursement to this appropria-
tion from government agencies requesting the construc-
tion of special use facilities. 
INFORMATION ANALYSIS AND INFRASTRUCTURE 
PROTECTION 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the immediate Office of 
the Under Secretary for Information Analysis and Infra-
structure Protection and for management and adminis-
tration of programs and activities, as authorized by title 
II of the Homeland Security Act of 2002 (6 U.S.C. 121 
et seq.), $132,064,000: Provided, That not to exceed 
$5,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount pro-
vided under this heading, $5,000,000 shall be for the 
Under Secretary to prepare an analysis of requiring key 
resources and critical infrastructure to provide informa-
tion related to actual and potential vulnerabilities to en-
sure that the Department has timely and efficient access 
to such information, as authorized by section 201(d) of 
such Act (6 U.S.C. 121(d)). 
ASSESSMENTS AND EVALUATIONS 
For necessary expenses for information analysis and 
infrastructure protection, as authorized by title II of the
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Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$722,512,000, to remain available until September 30, 
2006. 
SCIENCE AND TECHNOLOGY 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the immediate Office of 
the Under Secretary for Science and Technology and for 
management and administration of programs and activi-
ties, as authorized by title III of the Homeland Security 
Act of 2002 (6 U.S.C. 181 et seq.), $68,586,000: Pro-
vided, That not to exceed $3,000 shall be for official re-
ception and representation expenses. 
RESEARCH, DEVELOPMENT, ACQUISITION AND 
OPERATIONS 
For necessary expenses for science and technology 
research, including advanced research projects; develop-
ment; test and evaluation; acquisition; and operations; as 
authorized by title III of the Homeland Security Act of 
2002 (6 U.S.C. 181 et seq.), $1,063,713,000, to remain 
available until expended. 
TITLE V—GENERAL PROVISIONS 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 501. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein.
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SEC. 502. Subject to the requirements of section 
503 of this Act, the unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished 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 en-
acted. 
SEC. 503 (a) None of the funds provided by this 
Act, provided by previous appropriation Acts to the agen-
cies in or transferred to the Department of Homeland 
Security that remain available for obligation or expendi-
ture in fiscal year 2005, or provided from any accounts 
in the Treasury of the United States derived by the col-
lection of fees available to the agencies funded by this 
Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates a 
new program; (2) eliminates a program, project, or activ-
ity; (3) increases funds for any program, project, or ac-
tivity for which funds have been denied or restricted by 
the Congress; or (4) proposes to use funds directed for 
a specific activity by either the House or Senate Commit-
tees on Appropriations for a different purpose; unless 
both Committees on Appropriations of the Senate and
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the House of Representatives are notified 15 days in ad-
vance of such reprogramming of funds. 
(b) None of the funds provided by this Act, provided 
by previous appropriation Acts to the agencies in or 
transferred to the Department of Homeland Security that 
remain available for obligation or expenditure in fiscal 
year 2005, or provided from any accounts in the Treas-
ury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, 
projects, or activities through a reprogramming of funds 
in excess of $5,000,000 or 10 percent, whichever is less, 
that: (1) augments existing programs, projects, or activi-
ties; (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 Depart-
ment of Homeland Security by this Act or provided by
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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. 
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
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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-
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.
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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 
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
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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. 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.). 
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 
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-
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imum, double the percentage of cargo inspected on pas-
senger aircraft. 
SEC. 514. (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.’’. 
(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
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Department, as the Secretary may direct’’ each place it 
appears. 
SEC. 515. 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. 
SEC. 516. (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,
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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 
adding the following new item after the item relating to 
section 44944: 
‘‘44945. Disposition of unclaimed money.’’. 
SEC. 517. 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.
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SEC. 518. The acquisition management system of the 
Transportation Security Administration shall apply to the 
acquisition of services, as well as equipment, supplies, and 
materials. 
SEC. 519. 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-
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. 520. 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. 521. 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-
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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. 522. 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. 523. None of the funds in this or previous Ap-
propriations Acts may be obligated for deployment or im-
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. 
SEC. 524. CLARIFICATION OF PROHIBITION ON CON-
TRACTING WITH FOREIGN INCORPORATED ENTITIES.— 
Section 835 of the Homeland Security Act of 2002 (Public 
Law 107–296; 6 U.S.C. 395) is amended— 
(1) in subsection (a), by inserting before the pe-
riod ‘‘, or any subsidiary of such an entity’’; 
(2) in subsection (b)(1), by inserting ‘‘before, 
on, or’’ after the ‘‘completes’’;
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(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. 525. The amounts otherwise provided by this 
Act are revised by reducing the amount made available 
under title I for ‘‘OFFICE OF THE UNDER SECRETARY 
FOR MANAGEMENT’’ and by increasing the amount made 
available under title III for ‘‘FIREFIGHTER ASSISTANCE 
GRANTS’’, both by $50,000,000, and of the amounts ap-
propriated for ‘‘FIREFIGHTER
ASSISTANCE
GRANTS’’ 
$50,000,000 is available for grants under section 34 of 
the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229a). 
SEC. 526. 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. 527. None of the funds appropriated by this Act 
may be used to process or approve a competition under 
Office of Management and Budget Circular A–76 for serv-
ices provided as of June 1, 2004, by employees (including 
employees serving on a temporary or term basis) of the 
Bureau of Citizenship and Immigration Services of the 
Department of Homeland Security who are known as of
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that date as Immigration Information Officers, Contact 
Representatives, or Investigative Assistants. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2005’’. 
Passed the House of Representatives June 18, 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.