★★
In the Senate of the United States,
September 14, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4567) entitled ‘‘An Act making appropriations for
the Department of Homeland Security for the fiscal year end-
ing September 30, 2005, and for other purposes.’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
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:
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HR 4567 EAS2S
TITLE I—DEPARTMENTAL MANAGEMENT AND
OPERATIONS
OFFICE OF THE SECRETARY AND EXECUTIVE
MANAGEMENT
For necessary expenses of the Office of the Secretary
of Homeland Security, as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112), and for
executive management of the Department of Homeland Se-
curity, as authorized by law, $82,206,000: Provided, That
not to exceed $50,000 shall be available for allocation with-
in the Department for official reception and representation
expenses as the Secretary may determine.
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
For necessary expenses of the Office of the Under Sec-
retary for Management, as authorized by sections 701–705
of the Homeland Security Act of 2002 (6 U.S.C. 341–345),
$245,579,000: Provided, That of the total amount provided,
$65,081,000 shall remain available until expended solely for
the alteration and improvement of facilities and for reloca-
tion costs to consolidate the Department’s headquarters’ op-
erations.
DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS
For development and acquisition of information tech-
nology equipment, software, services, and related activities
for the Department of Homeland Security, and for the costs
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of conversion to narrowband communications, including the
cost for operation of the land mobile radio legacy systems,
$222,000,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
OPERATING EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral 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 oper-
ational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
BORDER AND TRANSPORTATION SECURITY
OFFICE OF THE UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Under Sec-
retary for Border and Transportation Security, as author-
ized by subtitle A of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 201 et seq.), $8,864,000.
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 Ille-
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gal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1221 note), $340,000,000, to remain
available until expended.
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating
to border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports; acquisition, lease, maintenance and oper-
ation of aircraft; purchase and lease of up to 4,500 (3,935
for replacement only) police-type vehicles; and contracting
with 
individuals 
for 
personal 
services 
abroad;
$4,466,960,000; of which $3,000,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative ex-
penses related to the collection of the Harbor Maintenance
Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of
which not to exceed $40,000 shall be for official reception
and representation expenses; of which not to exceed
$126,162,000 shall remain available until September 30,
2006, for inspection and surveillance technology, and equip-
ment for the Container Security Initiative; of which such
sums as become available in the Customs User Fee Account,
except sums subject to section 13031(f)(3) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19
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HR 4567 EAS2S
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 certificate of the Under Secretary for Border and
Transportation Security; and of which not to exceed
$5,000,000 shall be available for payments or advances
arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in
cooperative activities related to immigration: Provided,
That none of the funds appropriated shall be available to
compensate any employee for overtime in an annual
amount in excess of $30,000, except that the Under Sec-
retary for Border and Transportation Security may exceed
that amount as necessary for national security purposes
and in cases of immigration emergencies: Provided further,
That of the total amount provided, $12,725,000 shall be for
activities to enforce laws against forced child labor in fiscal
year 2005, of which not to exceed $4,000,000 shall remain
available until expended: Provided further, That of the total
amount provided, not less than $4,750,000 may be for the
enforcement of the textile transshipment provisions pro-
vided for in chapter 5 of title III of the Customs Border
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Security Act of 2002 (Public Law 107–210; 116 Stat. 988
et seq.).
AUTOMATION MODERNIZATION
For expenses for customs and border protection auto-
mated systems, $449,909,000, to remain available until ex-
pended, of which not less than $321,690,000 shall be for
the development of the Automated Commercial Environ-
ment: Provided, That none of the funds appropriated under
this heading may be obligated for the Automated Commer-
cial Environment until the Committees on Appropriations
of the Senate and the House of Representatives receive and
approve 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) complies with the Bureau of Customs and
Border Protection’s enterprise information systems
architecture;
(3) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition manage-
ment practices of the Federal Government;
(4) is reviewed and approved by the Bureau of
Customs and Border Protection Investment Review
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Board, the Department of Homeland Security, and
the Office of Management and Budget; and
(5) 
is 
reviewed 
by 
the 
Government
Accountabililty 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 to
customs and immigration, $91,718,000, to remain available
until expended.
IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration
and customs laws, detention and removals, and investiga-
tions; and purchase and lease of up to 2,300 (2,000 for re-
placement only) police-type vehicles, $2,413,438,000, of
which not to exceed $5,000,000 shall be available until ex-
pended for conducting special operations pursuant to sec-
tion 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081); of which not to exceed $15,000 shall be for
official reception and representation expenses; of which not
to exceed $1,000,000 shall be for awards of compensation
to informants, to be accounted for solely under the certifi-
cate of the Under Secretary for Border and Transportation
Security; of which not less than $102,000 shall be for pro-
motion of public awareness of the child pornography
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HR 4567 EAS2S
tipline; of which not less than $203,000 shall be for Project
Alert; of which $5,000,000 shall be a grant for activities
related to the investigations of exploited children and shall
remain available until expended; and of which not to exceed
$11,216,000 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 $30,000, except that the Under
Secretary for Border and Transportation Security may
waive that amount as necessary for national security pur-
poses and in cases of immigration emergencies: Provided
further, That of the total amount provided, $3,045,000 shall
be for activities to enforce laws against forced child labor
in fiscal year 2005, of which not to exceed $2,000,000 shall
remain available until expended: Provided further, That of
the total amount provided for, not less than $4,750,000 shall
be for the enforcement of the textile transshipment provi-
sions provided for in chapter 5 of title III of the Customs
Border Security Act of 2002 (Public Law 107–210; 116
Stat. 988 et seq.).
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$662,900,000.
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FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited
to this account, not to exceed $478,000,000, shall be avail-
able until expended for necessary expenses related to the
protection of federally owned and leased buildings and for
the operations of the Federal Protective Service.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement
automated systems, $39,605,000, 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 ad-
ministration of laws enforced by the Bureau of Immigra-
tion and Customs Enforcement; and at the discretion of the
Under Secretary for Border and Transportation Security,
the provision of assistance to Federal, State, and local agen-
cies in other law enforcement and emergency humanitarian
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HR 4567 EAS2S
efforts, $267,535,000, to remain available until expended:
Provided, 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 Bureau of Immigration and
Customs Enforcement requirements and aircraft that have
been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2005
without the prior approval of the Committees on Appro-
priations of the Senate and the House of Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for
the administration and enforcement of the laws relating to
customs and immigration, $26,179,000, to remain available
until expended.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Secu-
rity 
Act 
(Public 
Law 
107–71; 
115 
Stat. 
597),
$4,386,083,000, 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
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$2,076,733,000 shall be for passenger screening activities;
not to exceed $1,512,460,000 shall be for baggage screening
activities, of which $210,000,000 shall be available only for
procurement of checked baggage explosive detection systems
and $75,000,000 shall be available only for installation of
checked baggage explosive detection systems; and not to ex-
ceed $796,890,000 shall be for airport security direction
and enforcement presence, of which $217,890,000 shall be
available for airport information technology: Provided fur-
ther, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections: Provided fur-
ther, That, except as provided in the following proviso, the
sum herein appropriated from the General Fund shall be
reduced on a dollar-for-dollar basis as such offsetting collec-
tions are received during fiscal year 2005, so as to result
in a final fiscal year appropriation from the General Fund
estimated at not more than $2,563,083,000: Provided fur-
ther, That the Government Accountability Office shall re-
view, using a methodology deemed appropriate by the
Comptroller General, the calendar year 2000 cost informa-
tion for screening passengers and property pursuant to sec-
tion 44940(a)(2) of title 49, United States Code, of air car-
riers and foreign air carriers engaged in air transportation
and intrastate air transportation and report the informa-
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tion within six months of enactment of the Act but no ear-
lier than March 31, 2005, to the Committees on Appropria-
tions of the Senate and House of Representatives and Com-
mittee on Commerce, Science, and Transportation: Pro-
vided further, That the Comptroller General, or any of the
Comptroller General’s duly authorized representatives, shall
have access, for the purpose of reviewing such cost informa-
tion, to the personnel and to the books; accounts; documents;
papers; records (including electronic records); and auto-
mated data and files of such air carriers, airport authori-
ties, and their contractors; that the Comptroller General
deems relevant for purposes of reviewing the information
sought pursuant to the provisions of the preceding proviso:
Provided further, That the Comptroller General may obtain
and duplicate any such records, documents, working pa-
pers, automated data and files, or other information rel-
evant to such reviews without cost to the Comptroller Gen-
eral and the Comptroller General’s right of access to such
information shall be enforceable pursuant to section 716(c)
of title 31, United States Code: Provided further, That the
Comptroller General shall maintain the same level of con-
fidentiality for information made available under the pre-
ceding provisos as that required under section 716(e) of title
31, United States Code: Provided further, That upon the
request of the Comptroller General, the Secretary of the De-
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HR 4567 EAS2S
tion pursuant to section 44940(a)(2) of title 49 United
States Code, the Secretary of Homeland Security shall un-
dertake all necessary actions to ensure that such amounts
are collected: Provided further, That such collections re-
ceived during fiscal year 2005 shall be credited to this ap-
propriation as offsetting collections and shall be available
only for security modifications at commercial airports: Pro-
vided further, That if the Secretary exercises his discretion
to set the fee under 44940(a)(2) of title 49 United States
Code, such determination shall not be subject to judicial re-
view: Provided further, That any security service fees col-
lected pursuant to section 44940 of title 49 note, United
States Code, in excess of the amount appropriated under
this heading shall be treated as offsetting collections in fiscal
year 2006.
MARITIME AND LAND SECURITY
For necessary expenses of the Transportation Security
Administration related to maritime and land transpor-
tation security grants and services pursuant to the Aviation
and Transportation Security Act (Public Law 107–71; 115
Stat. 597), $44,000,000: Provided, That not to exceed
$53,000,000 may be provided for transportation worker
identification credentialing and $2,000,000 for tracking
trucks carrying hazardous material.
In addition, fees authorized by section 520 of Public
Law 108–90 shall be credited to this appropriation and
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HR 4567 EAS2S
shall be available until expended: Provided, That in fiscal
year 2005, fee collections shall be used for initial adminis-
trative costs of credentialing activities.
INTELLIGENCE
For necessary expenses for intelligence activities pur-
suant to the Aviation and Transportation Security Act
(Public Law 107–71; 115 Stat. 597), $14,000,000.
RESEARCH AND DEVELOPMENT
For necessary expenses for research and development
related to transportation security, $181,000,000, to remain
available until expended: Provided, That of the total
amount provided under this heading, $57,000,000 shall be
available for the research and development of explosive de-
tection devices.
ADMINISTRATION
For necessary administrative expenses of the Trans-
portation Security Administration to carry out the Avia-
tion and Transportation Security Act (Public Law 107–
71; 115 Stat. 597), $534,852,000.
UNITED STATES COAST GUARD
OPERATING EXPENSES
For necessary expenses for the operation and mainte-
nance of the Coast Guard not otherwise provided for, pur-
chase or lease of not to exceed 25 passenger motor vehicles
for replacement only; payments pursuant to section 156 of
Public Law 97–377 (42 U.S.C. 402 note), section 229(b)
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of the Social Security Act (42 U.S.C. 429(b)), and recre-
ation and welfare, $5,153,220,000, of which $1,090,000,000
shall be for defense-related activities; of which $24,500,000
shall be derived from the Oil Spill Liability Trust Fund;
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
available for administrative expenses in connection with
shipping commissioners in the United States: Provided fur-
ther, That none of the funds provided by this Act shall be
available for expenses incurred for yacht documentation
under section 12109 of title 46, United States Code, except
to the extent fees are collected from yacht owners and cred-
ited to this appropriation: Provided further, That notwith-
standing 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 Medi-
care-Eligible Retiree Health Care Fund for fiscal year 2005
under section 1116(a) of such title: Provided further, That
not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, the Committee
on Energy and Commerce of the House of Representatives,
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and the Committee on Transportation and Infrastructure
of the House of Representatives, a report on opportunities
for integrating the process by which the Coast Guard issues
letters of recommendation for proposed liquefied natural gas
marine terminals, including the elements of such process
relating to vessel transit, facility security assessment and
facility security plans under the Maritime Transportation
Security Act, and the process by which the Federal Energy
Regulatory Commission issues permits for such terminals
under the National Environmental Policy Act: Provided
further, That the report shall include an examination of
the advisability of requiring that activities of the Coast
Guard relating to vessel transit, facility security assessment
and facility security plans under the Maritime Transpor-
tation Security Act be completed for a proposed liquefied
natural gas marine terminal before a final environmental
impact statement for such terminal is published under the
Federal Energy Regulatory Commission process.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard’s
environmental compliance and restoration functions 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 re-
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HR 4567 EAS2S
serve program, personnel and training costs, equipment,
and services, $117,000,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and oper-
ation of facilities and equipment, as authorized by law,
$1,062,550,000, of which $20,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $19,750,000
shall be available until September 30, 2009, to acquire, re-
pair, renovate, or improve vessels, small boats, and related
equipment; of which $3,800,000 shall be available until
September 30, 2009, to increase aviation capability; of
which $185,000,000 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 facilities; of which $73,000,000 shall be
available for personnel compensation and benefits and re-
lated costs; of which $776,000,000 shall be available until
September 30, 2009, for the Integrated Deepwater Systems
program: Provided, That the Commandant of the Coast
Guard is authorized to dispose of surplus real property, by
sale or lease, and the proceeds shall be credited to this ap-
propriation as offsetting collections and shall be available
until September 30, 2007, only for Rescue 21: Provided fur-
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ther, That the budget for fiscal year 2006 that is submitted
under section 1105(a) of title 31, United States Code, may
include an amount for the Coast Guard that is sufficient
to fund delivery of a long-term maritime patrol aircraft
capability that is consistent with the original procurement
plan for the CN–235 aircraft beyond the three aircraft al-
ready funded in previous fiscal years.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of ob-
structive bridges, $15,400,000, to remain available until ex-
pended.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research,
development, test, and evaluation, and for maintenance, re-
habilitation, lease and operation of facilities and equip-
ment, as authorized by law, $18,500,000, to remain avail-
able until expended, of which $2,000,000 shall be derived
from the Oil Spill Liability Trust Fund: Provided, That
there may be credited to and used for the purposes of this
appropriation funds received from State and local govern-
ments, other public authorities, private sources, and foreign
countries, for expenses incurred for research, development,
testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this pur-
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pose, payments under the Retired Serviceman’s Family
Protection and Survivor Benefits Plans, payment for career
status bonuses under the National Defense Authorization
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.
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 American-
made sidecar compatible motorcycles; hire of aircraft; serv-
ices of expert witnesses at such rates as may be determined
by the Director; rental of buildings in the District of Colum-
bia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership
or control, as may be necessary to perform protective func-
tions; payment of per diem or subsistence allowances to em-
ployees where a protective assignment during the actual day
or days of the visit of a protectee require an employee to
work 16 hours per day or to remain overnight at his or
her post of duty; conduct of and participation in firearms
matches; presentation of awards; travel of Secret Service
employees on protective missions without regard to the limi-
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tations 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 Representa-
tives; research and development; grants to conduct behav-
ioral research in support of protective research and oper-
ations; and payment in advance for commercial accom-
modations as may be necessary to perform protective func-
tions, $1,159,125,000, of which not to exceed $25,000 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 orga-
nizations in counterfeit investigations; of which $2,100,000
shall be for forensic and related support of investigations
of missing and exploited children: Provided, That up to
$18,000,000 provided for protective travel shall remain
available until September 30, 2006: Provided further, That
the United States Secret Service is authorized to obligate
funds in anticipation of reimbursements from agencies and
entities, as defined in section 105 of title 5, United States
Code, receiving training sponsored by the James J. Rowley
Training Center, except 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 OF STATE AND LOCAL GOVERNMENT
COORDINATION AND PREPAREDNESS
MANAGEMENT AND ADMINISTRATION
For necessary expenses for the Office of State and
Local 
Government 
Coordination 
and 
Preparedness,
$25,000,000.
STATE AND LOCAL PROGRAMS
For grants, contracts, cooperative agreements, and
other activities, including grants to State and local govern-
ments for terrorism prevention activities, notwithstanding
any other provision of law, $2,845,081,000, which shall be
allocated as follows:
(1) $970,000,000 for formula-based grants and
$400,000,000 for law enforcement terrorism preven-
tion grants pursuant to section 1014 of the USA PA-
TRIOT ACT (42 U.S.C. 3714), of which $50,000,000
shall be used for grants to identify, acquire, and
transfer homeland security technology, equipment,
and information to State and local law enforcement
agencies: Provided, That the application for grants
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shall be made available to states within 45 days after
enactment of this Act; that States shall submit appli-
cations within 45 days after the grant announcement;
and that the Office of State and Local Government
Coordination and Preparedness shall act within 15
days after receipt of an application: Provided further,
That each State shall obligate not less than 80 percent
of the total amount of the grant to local governments
within 60 days after the grant award; and
(2) $1,200,000,000 for discretionary grants for
use in high-threat, high-density urban areas, as deter-
mined by the Secretary of Homeland Security: Pro-
vided, That $150,000,000 shall be for port security
grants; $15,000,000 shall be for trucking industry se-
curity grants; $10,000,000 shall be for intercity bus
security grants; and $150,000,000 shall be for inter-
city passenger rail transportation (as defined in sec-
tion 24102(5) of title 49, United States Code), freight
rail, and transit security grants: Provided further,
That no less than 80 percent of any grant to a State
shall be made available by the State to local govern-
ments within 60 days after the receipt of the funds:
Provided further, That section 1014(c)(3) of the USA
PATRIOT ACT (42 U.S.C. 3714(c)(3)) shall not
apply to these grants;
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(3) $275,081,000 for training, exercises, technical
assistance, and other programs:
Provided, That none of the grants provided under this head-
ing shall be used for the construction or renovation of facili-
ties: Provided further, That notwithstanding the previous
proviso, funds under this heading may be used for a minor
perimeter security project, the cost of which shall not exceed
$1,000,000, as deemed necessary by the Secretary of Home-
land Security: Provided further, That funds under this
heading may be used to provide a reasonable stipend to
part-time and volunteer first responders who are not other-
wise compensated for travel to or participation in terrorism
response courses approved by the Office for Domestic Pre-
paredness, which stipend shall not be paid if such first re-
sponder is otherwise compensated by an employer for such
time and shall not be considered compensation for purposes
of rendering such first responder an employee under the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.):
Provided further, That grantees shall provide additional re-
ports on their use of funds, as deemed necessary by the Sec-
retary: Provided further, That not to exceed 10 percent of
funds appropriated for law enforcement terrorism preven-
tion grants under paragraph (1) and discretionary grants
under paragraph (2) of this heading shall be available for
operational costs, to include personnel overtime and over-
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time associated with Office of State and Local Government
Coordination and Preparedness certified training, as need-
ed.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by sec-
tion 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229), $700,000,000, to remain available
until September 30, 2006: Provided, That not to exceed 5
percent of this amount shall be available for program ad-
ministration.
FIRE DEPARTMENT STAFFING ASSISTANCE GRANTS
For necessary expenses for programs authorized by sec-
tion 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a), to remain available until Sep-
tember 30, 2006, $100,000,000: Provided, That not to exceed
5 percent of this amount shall be available for program ad-
ministration: Provided, further, That the amount appro-
priated by title I under the heading ‘‘OFFICE OF THE
UNDER SECRETARY FOR MANAGEMENT’’ is hereby reduced
by $70,000,000, the amount appropriated by title IV under
the heading ‘‘INFORMATION ANALYSIS AND INFRASTRUC-
TURE PROTECTION MANAGEMENT AND ADMINISTRATION’’ is
hereby reduced by $20,000,000, and the amount appro-
priated by title IV under the heading ‘‘SCIENCE AND TECH-
NOLOGY MANAGEMENT AND ADMINISTRATION’’ is hereby re-
duced by $10,000,000.
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HR 4567 EAS2S
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management
performance grants, as authorized by the National Flood
Insurance Act of 1968 (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 Reduc-
tions Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza-
tion Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Pro-
vided, That total administrative costs shall not exceed 3
percent of the total appropriation.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Secretary
of Homeland Security, to reimburse any Federal agency for
the costs of providing support to counter, investigate, or re-
spond to unexpected threats or acts of terrorism, 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 Appro-
priations of the Senate and the House of Representatives
15 days prior to the obligation of any amount of these funds
in accordance with section 502 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 Sec-
retary for Emergency Preparedness and Response, as au-
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thorized 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 Directorate of Emer-
gency Preparedness and Response, $231,499,000, including
activities authorized by the National Flood Insurance Act
of 1968 (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 Reduction Act of
1977 (42 U.S.C. 7701 et seq.), the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), the De-
fense 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), 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 of the total amount
appropriated, $30,000,000 shall be for Urban Search and
Rescue Teams, of which not to exceed 3 percent may be
made available for administrative costs.
ADMINISTRATIVE AND REGIONAL OPERATIONS
For necessary expenses for administrative and regional
operations of the Emergency Preparedness and Response
Directorate, $196,939,000, including activities authorized
by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and
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Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Federal 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), 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 $3,000 shall be for offi-
cial reception and representation expenses.
PUBLIC HEALTH PROGRAMS
For necessary expenses for countering potential bio-
logical, disease, and chemical threats to civilian popu-
lations, $34,000,000.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2005,
as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security nec-
essary 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 fur-
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HR 4567 EAS2S
ther, That fees received under this heading shall be deposited
in this account as offsetting collections and will become
available for authorized purposes on October 1, 2005, and
remain available until expended.
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.), $2,221,000,000 to remain available
until expended, of which $70,000,000 is designated by Con-
gress as an emergency requirement under section 502(c) of
H. Con. Res. 95 (108th Cong.) and shall be made available
for a grant to the American Red Cross for disaster relief,
recovery expenditures, and emergency services in response
to Tropical Storm Bonnie, Hurricane Charley, and Hurri-
cane Frances.
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 obliga-
tions for the principal amount of direct loans shall not ex-
ceed $25,000,000: Provided further, That the cost of modi-
fying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).
†
HR 4567 EAS2S
FLOOD MAP MODERNIZATION FUND
For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101),
$200,000,000, and such additional sums as may be pro-
vided by State and local governments or other political sub-
divisions for cost-shared mapping activities under section
1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed
3 percent of the total appropriation.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.), not to exceed $33,336,000
for salaries and expenses associated with flood mitigation
and flood insurance operations; and not to exceed
$79,257,000 for flood hazard mitigation, to remain avail-
able until September 30, 2006, including up to $20,000,000
for expenses under section 1366 of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4104c), which amount shall
be available for transfer to the National Flood Mitigation
Fund until September 30, 2006, and which amount shall
be derived from offsetting collections assessed and collected
pursuant 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 expenses; (2)
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HR 4567 EAS2S
$562,881,000 for agents’ commissions and taxes; and (3)
$30,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund.
MITIGATION GRANTS
For activities designed to reduce the risk of flood dam-
age to structures pursuant to the National Flood Insurance
Act of 1968, notwithstanding subsections (b)(3) and (f) of
section 1366, and for a pre-disaster mitigation grant pro-
gram pursuant to title II of the Disaster Relief Act of 1974
(42 U.S.C. 5131 et seq.), $170,000,000, of which
$20,000,000 shall be derived from the National Flood Insur-
ance Fund, to remain available until September 30, 2006,
and $150,000,000, to remain available until expended, for
the Pre-Disaster Mitigation Fund: Provided, That grants
made for pre-disaster mitigation shall be awarded on a
competitive basis subject to the criteria in section 203(g)
of the Disaster Relief Act of 1974 (42 U.S.C. 5133(g)), and
notwithstanding section 203(f) of such Act, shall be made
without reference to State allocations, quotas, or other for-
mula-based allocation of funds: Provided further, That total
administrative costs for pre-disaster mitigation shall not
exceed 3 percent of the total appropriation.
EMERGENCY FOOD AND SHELTER
To carry out an emergency food and shelter program
pursuant to subtitle B of title III of the Stewart B. McKin-
ney Homeless Assistance Act (42 U.S.C. 11341 et seq.),
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HR 4567 EAS2S
$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 for backlog reduction activities, $140,000,000.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforce-
ment Training Center, including materials and support
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 aware-
ness and enhancement of community support of law enforce-
ment training; room and board for student interns; a flat
monthly reimbursement to employees authorized to use per-
sonal cell phones for official duties; and services as author-
ized by section 3109 of title 5, United States Code;
$181,440,000, of which up to $36,174,000 for materials and
support costs of Federal law enforcement basic training
shall remain available until September 30, 2006; and of
†
HR 4567 EAS2S
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 reimburse-
ments from agencies receiving training sponsored by the
Center, except that total obligations 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
Law Enforcement Training Center, $42,917,000, to remain
available until expended: Provided, That the Center is au-
thorized to accept reimbursement to this appropriation
from government agencies requesting the construction of
special use facilities.
INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION
MANAGEMENT AND ADMINISTRATION
For necessary expenses of the Directorate of Informa-
tion Analysis and Infrastructure Protection, including the
immediate Office of the Under Secretary for Information
Analysis and Infrastructure Protection, for management
and administration of programs and activities, as author-
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HR 4567 EAS2S
ized by title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.), $157,064,000.
ASSESSMENTS AND EVALUATIONS
For necessary expenses for information analysis and
infrastructure protection as authorized by title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$718,512,000, to remain available until September 30,
2006, of which not to exceed $20,000 may be used for official
reception and representation expenses: Provided, That none
of the funds available under this heading shall be available
for sole-source contractual agreements unless the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives are notified 15 days in advance of such deci-
sion, or the Secretary of Homeland Security certifies to the
Committee that such agreement is necessary to respond to
a national emergency or prevent an impending terrorist at-
tack.
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.), $52,550,000.
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HR 4567 EAS2S
RESEARCH, DEVELOPMENT, ACQUISITION AND
OPERATIONS
For expenses of science and technology research, in-
cluding advanced research projects; development; test and
evaluation; acquisition; operations; and all salaries and ex-
penses for field personnel, as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$1,016,647,000, 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. (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 avail-
able 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 pro-
gram, project, or activity; (3) increases funds for any pro-
gram, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds di-
rected for a specific activity by either the House or Senate
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HR 4567 EAS2S
Committees on Appropriations for a different purpose; (5)
relocates an office or employees; or (6) contracts out or
privatizes any functions or activities presently performed
by Federal employees, unless the Committees on Appropria-
tions 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 trans-
ferred 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 obliga-
tion 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 Con-
gress; or (3) results from any general savings from a reduc-
tion in personnel that would result in a change in existing
programs, projects, or activities as approved by the Con-
gress, unless the Committees on Appropriations of the Sen-
†
HR 4567 EAS2S
ate 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 ap-
propriations Acts may be transferred between such appro-
priations, but no such appropriations, 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 Appro-
priations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
SEC. 503. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2005 from ap-
propriations 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
502 of this Act.
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HR 4567 EAS2S
SEC. 504. Funds made available by this Act for intel-
ligence 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. 505. The Federal Law Enforcement Training
Center shall establish an accrediting body, to include rep-
resentatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law en-
forcement training, to establish standards for measuring
and assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
SEC. 506. None of the funds in this Act may be used
to make a grant allocation, discretionary grant award, dis-
cretionary contract award, or to issue a letter of intent to-
taling in excess of $1,000,000 unless the Secretary of Home-
land Security notifies the Committees on Appropriations
of the Senate and House of Representatives at least 3 full
business days in advance: Provided, That no notification
shall involve funds that are not available for obligation.
SEC. 507. Notwithstanding any other provision of law,
no agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law enforce-
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HR 4567 EAS2S
ment training without the advance approval of the Commit-
tees on Appropriations of the Senate and the House of Rep-
resentatives, except that the Federal 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. 508. The Director of the Federal Law Enforce-
ment Training Center (FLETC) shall schedule basic and
advanced law enforcement training at all four training fa-
cilities under FLETC’s control to ensure that these training
centers are operated at the highest capacity throughout the
fiscal year.
SEC. 509. None of the funds appropriated or otherwise
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. 510. 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 pro-
vide to the Transportation Security Administration with-
out cost building construction, maintenance, utilities and
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HR 4567 EAS2S
expenses, or space in airport sponsor-owned buildings for
services 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. 511. 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. 512. 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 technology
is procured and installed, the Secretary shall take all pos-
sible actions to prohibit high-risk cargo from being trans-
ported on passenger aircraft.
SEC. 513. None of the funds made available by this
or previous appropriations Acts may be obligated for con-
tracting out a full-time equivalent position of the Depart-
ment of Homeland Security for which funds have been made
available unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15
days in advance.
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HR 4567 EAS2S
SEC. 514. (a)None of the funds provided by this or pre-
vious appropriations Acts may be obligated for deployment
or implementation, on other than a test basis, of the Com-
puter Assisted Passenger Prescreening System (CAPPS II)
or Secure Flight or other follow on/successor programs, that
the Transportation Security Administration (TSA) plans
to utilize to screen aviation passengers, until the Govern-
ment Accountability Office has reported to the Committees
on Appropriations of the Senate and the House of Rep-
resentatives that—
(1) a system of due process exists whereby aviation
passengers 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 infor-
mation 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 iden-
tity and assign a risk level to a passenger will not produce
a large number of false positives that will result in a sig-
nificant 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/suc-
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HR 4567 EAS2S
cessor programs and has demonstrated that CAPPS
II or Secure Flight or other follow on/successor pro-
grams can make an accurate predictive assessment of
those passengers who may constitute a threat to avia-
tion;
(4) the Secretary of Homeland Security has es-
tablished an internal oversight board to monitor the
manner in which CAPPS II or Secure Flight or other
follow on/successor programs 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 programs from unauthorized access by hack-
ers or other intruders;
(7) the TSA has adopted policies establishing ef-
fective oversight of the use and operation of the sys-
tem;
(8) there are no specific privacy concerns with
the technological architecture of the system; and
(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 intra-
†
HR 4567 EAS2S
state transportation to accommodate States with
unique air transportation needs and passengers who
might otherwise regularly trigger primary selectee
status.
(b) During the testing phase permitted by paragraph
(a) of this section, no information gathered from passengers,
foreign or 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 pas-
senger names are matched to a government watch list.
(c) The Government Accountability Office shall submit
the report required under paragraph (a) of this section no
later than February 15, 2005.
SEC. 515. None of the funds appropriated by this Act
may be used to make an award, pursuant to a competition
under Office of Management and Budget Circular A–76, to
a source for the performance of services that were provided
as of June 1, 2004, by employees (including employees serv-
ing on a temporary or term basis) of the Bureau of Citizen-
ship and Immigration Services of the Department of Home-
land Security known as of that date as Immigration Infor-
mation Officers, Contact Representatives, or Investigative
Assistants unless—
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(1) the Secretary of Homeland Security submits
to Congress, not later than 60 days before making
such award, a report that describes—
(A) the performance requirements for the
services;
(B) the estimated savings to be derived from
the performance of such services by that source;
(C) the actions that are to be taken to effec-
tuate the transition to performance either by
Federal Government employees under the appli-
cable most efficient organization plan or by a
contractor, as the case may be; and
(D) the strategy for mitigating the adverse
effects of such award, if any, on Federal Govern-
ment employees; and
(2) the making of the award to that source will
not result in the closure of an immigration informa-
tion service center that was in operation on June 1,
2004.
SEC. 516. Notwithstanding any other provision of this
Act, 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 services pro-
vided as of June 1, 2004, by employees (including employees
serving on a temporary or term basis) of the Bureau of Citi-
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HR 4567 EAS2S
zenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immi-
gration Information Officers, Contact Representatives, or
Investigative Assistants.
This section shall take effect one day after the date of
the Act’s enactment.
SEC. 517. 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. 518. INVESTIGATION OF SHOCKOE CREEK DRAIN
FIELD, RICHMOND, VIRGINIA, as soon as practicable after
the date of enactment of this Act, the Director of the Federal
Emergency Management Agency shall conduct an investiga-
tion of the Shockoe Creek drain field in Richmond, Vir-
ginia, to determine means of preventing future damage in
that area from floods and other natural disasters.
SEC. 519. (a) The total amount appropriated by title
II for the Office of the Under Secretary for Border and
Transportation Security under the heading ‘‘AIR AND MA-
RINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PRO-
CUREMENT’’ is hereby increased by $200,000,000. Of such
total amount, as so increased, $200,000,000 shall be avail-
able for the establishment and operation of air bases in the
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HR 4567 EAS2S
States of Michigan, Montana, New York, North Dakota, and
Washington.
(b) The total amount appropriated under the heading
‘‘IMMIGRATION AND CUSTOMS ENFORCEMENT, FEDERAL AIR
MARSHALS’’ is hereby increased by $50,000,000. Of such
total amount, as so increased, $50,000,000 is for the contin-
ued operations of the Federal Air Marshals program.
(c) The total amount appropriated under the heading
‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
AND
PREPAREDNESS, STATE
AND
LOCAL
PROGRAMS’’ is
hereby increased by $50,000,000. Of such total amount, as
so increased, $50,000,000 is for discretionary assistance to
non-profit organizations (as defined under section 501
(c)(3) of the Internal Revenue Code of 1986) determined by
the Secretary of Homeland Security to be at high-risk of
international terrorist attacks.
(d) The total amount appropriated under the heading
‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
AND PREPAREDNESS, FIREFIGHTER ASSISTANCE GRANTS’’
is hereby increased by $50,000,000. Of such total amount,
as so increased, $50,000,000 is for the program authorized
by section 33 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229).
(e) The total amount appropriated under the heading
‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
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HR 4567 EAS2S
AND PREPAREDNESS, EMERGENCY MANAGEMENT PERFORM-
ANCE GRANTS’’ is hereby increased by $20,000,000. Of such
total amount, as so increased, $20,000,000 is for emergency
management performance grants.
(f) Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is
amended by striking ‘‘March 1, 2005’’ and inserting ‘‘June
1, 2005’’.
SEC. 520. (a) The total amount appropriated under
the heading ‘‘CUSTOMS AND BORDER PROTECTION, SALA-
RIES AND EXPENSES’’ is hereby increased by $150,000,000.
Of such total amount, as so increased, $50,000,000 is pro-
vided for radiation detection devices, $50,000,000 is pro-
vided for additional border inspectors, and $50,000,000 is
provided for additional border patrol agents.
(b) The total amount appropriated under the heading
‘‘IMMIGRATION
AND
CUSTOMS
ENFORCEMENT, SALARIES
AND EXPENSES’’ is hereby increased by $100,000,000. Of
such total amount, as so increased, $50,000,000 is provided
for additional investigator personnel, and $50,000,000 is
provided for detention and removal bedspace and removal
operations.
(c) The total amount appropriated under the heading
‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
AND
PREPAREDNESS, STATE
AND
LOCAL
PROGRAMS’’ is
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HR 4567 EAS2S
hereby increased by $128,000,000. The total amount pro-
vided in the aforementioned heading for discretionary
grants is increased by $128,000,000. Of that total amount,
as so increased, the amount for rail and transit security
grants is increased by $128,000,000.
(d) The total amount appropriated under heading
‘‘OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
AND PREPAREDNESS, EMERGENCY MANAGEMENT PERFORM-
ANCE GRANTS’’ is hereby increased by $36,000,000. Of such
total amount, as so increased, $36,000,000 is provided for
emergency management performance grants.
(e) In Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 as amended by this Act,
strike ‘‘June 1, 2005’’ and insert ‘‘September 30, 2005.’’
SEC. 521. Of the amount appropriated by title II for
the Office of the Under Secretary for Border and Transpor-
tation Security under the heading ‘‘AIR AND MARINE INTER-
DICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT’’,
$5,000,000 may be used for a pilot project to test interoper-
able communications between the first Northern Border Air
Wing, Bellingham, Washington, and local law enforcement
personnel.
SEC. 522. (a) The Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall—
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(1) develop and maintain an integrated strategic
transportation security plan; and
(2) base future budget requests on the plan.
(b) The integrated strategic transportation security
plan shall—
(1) identify and evaluate the United States
transportation assets that need to be protected;
(2) set risk-based priorities for defending the as-
sets identified;
(3) select the most practical and cost-effective
ways of defending the assets identified; and
(4) assign transportation security roles and mis-
sions to the relevant Federal, State, regional, and
local authorities and to the private sector.
(c) The Secretary of Homeland Security shall submit
the integrated strategic transportation security plan to
Congress not later than February 1, 2005 and shall submit
updated plans, including assessments of the progress made
on implementation of the plan, on the first day of February
each year thereafter. Any part of the plan that involves in-
formation that is properly classified under criteria estab-
lished by Executive order shall be submitted to Congress sep-
arately in classified form.
SEC. 523. (a) Not later than 180 days after the end
of fiscal year 2005, the Secretary of Homeland Security
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shall submit a report to Congress that describes the articles,
materials, and supplies acquired by the Department of
Homeland Security during fiscal year 2005 that were man-
ufactured outside of the United States.
(b) The report submitted under subsection (a) shall
separately indicate—
(1) the dollar value of each of the articles, mate-
rials, and supplies acquired by the Department of
Homeland Security that were manufactured outside
of the United States;
(2) an itemized list of all waivers granted with
respect to such articles, materials, or supplies under
the Buy American Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total funds spent by the
Department of Homeland Security on goods manufac-
tured within the United States compared with funds
spent by the Department of Homeland Security on
goods manufactured outside of the United States.
(c) The Secretary of Homeland Security shall make
the report submitted under this section publicly available
to the maximum extent practicable.
SEC. 524. 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’’;
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(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. 525. During fiscal year 2005, the Secretary of
Homeland Security and the Secretary of Defense shall per-
mit the New Mexico Army National Guard to continue per-
forming vehicle and cargo inspection activities in support
of the Bureau of Customs and Border Protection and the
Bureau of Immigration and Customs Enforcement under
the authority of the Secretary of Defense to support
counterdrug activities of law enforcement agencies.
SEC. 526. (a) Not later than 3 months after the date
of enactment of this Act, the Secretary of Homeland Secu-
rity shall submit a report to the Committees on Appropria-
tions of the Senate and the House of Representatives and
to the Committee on Governmental Affairs and the Com-
mittee on Environment and Public Works of the Senate and
the Committee on Homeland Security of the House of Rep-
resentatives on the implementation of Homeland Security
Presidential Directive Seven.
(b) The report under this section shall include—
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(1) the Department’s plan and associated
timeline for the mapping of the United States critical
infrastructure;
(2) an assessment of the resource requirements of
relevant States, counties, and local governments so
that full participation by those entities may be inte-
grated into the plan;
(3) the Department’s plan for oversight of all
geospatial information systems management, procure-
ment, and interoperability; and
(4) the timeline for creating the Department-
wide Geospatial Information System capability under
the direction of the Chief Information Officer.
SEC. 527. Notwithstanding any other provision of law,
the fiscal year 2004 aggregate overtime limitation pre-
scribed in subsection 5(c)(1) of the Act of February 13, 1911
(19 U.S.C. 261 and 267) shall be $30,000 and the total
amount appropriated by title II under the heading ‘‘CUS-
TOMS
AND BORDER PROTECTION SALARIES
AND EX-
PENSES’’ is hereby reduced by $1,000,000.
SEC. 528. Not later than 90 days after the date of en-
actment of this Act, and every 90 days thereafter, the Sec-
retary of Homeland Security shall provide to the Committee
on Commerce, Science, and Transportation and the Sub-
committee on Homeland Security of the Committee on Ap-
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propriations of the Senate, a classified report on the num-
ber of individuals serving as Federal Air Marshals. Such
report shall include the number of Federal Air Marshals
who are women, minorities, or employees of departments
or agencies of the United States Government other than the
Department of Homeland Security, the percentage of do-
mestic and international flights that have a Federal Air
Marshal aboard, and the rate at which individuals are leav-
ing service as Federal Air Marshals.
SEC. 529. (a) Congress finds that (1) there is a dis-
proportionate number of complaints against the Transpor-
tation Security Administration for alleged violations of
equal employment opportunity and veterans preference laws
as those laws apply to employment of personnel in airport
screener positions in the Transportation Security Adminis-
tration, and (2) there is a significant backlog of those com-
plaints remaining unresolved.
(b)(1) Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the personnel policies of the Depart-
ment of Homeland Security that apply to the employment
of airport screeners in the Transportation Security Admin-
istration, particularly with regard to compliance with
equal employment opportunity and veterans preference
laws.
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(2) The report under this subsection shall include an
assessment of the extent of compliance of the Transportation
Security Administration with equal employment oppor-
tunity and veterans’ preference laws as those laws apply
to employment of personnel in airport screener positions
in the Transportation Security Administration, a discus-
sion of any systemic problems that could have caused the
circumstances giving rise to the disproportionate number
of complaints described in subsection (a), and the efforts
of the Secretary of Homeland Security and the Under Sec-
retary for Border and Transportation Security to eliminate
the backlog of unresolved complaints and to correct any sys-
temic problems identified in the report.
(3) In conducting the review necessary for preparing
the report, the Comptroller General shall examine the expe-
rience regarding the airport screener positions at particular
airports in various regions, including the Louis Armstrong
New Orleans International Airport.
SEC. 530. No funds appropriated or otherwise made
available by this Act shall be used to pursue, implement,
or enforce any law, procedure, guideline, rule, regulation,
or other policy that exposes the identity of an air marshal
to any party not designated by the Secretary of the Depart-
ment of Homeland Security.
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SEC. 531. (a) The Secretary of Homeland Security, in
coordination with the head of the Transportation Security
Administration and the Under Secretary for Science and
Technology, shall prepare a report on protecting commer-
cial aircraft from the threat of man-portable air defense sys-
tems (referred to in this section as ‘‘MANPADS’’).
(b) The report required by subsection (a) shall include
the following:
(1) An estimate of the number of organizations,
including terrorist organizations, that have access to
MANPADS and a description of the risk posed by
each organization.
(2) A description of the programs carried out by
the Secretary of Homeland Security to protect com-
mercial aircraft from the threat posed by MANPADS.
(3) An assessment of the effectiveness and feasi-
bility of the systems to protect commercial aircraft
under consideration by the Under Secretary for
Science and Technology for use in phase II of the
counter-MANPADS development and demonstration
program.
(4) A justification for the schedule of the imple-
mentation of phase II of the counter-MANPADS de-
velopment and demonstration program.
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(5) An assessment of the effectiveness of other
technology that could be employed on commercial air-
craft to address the threat posed by MANPADS, in-
cluding such technology that is—
(A) either active or passive;
(B) employed by the Armed Forces; or
(C) being assessed or employed by other
countries.
(6) An assessment of alternate technological ap-
proaches to address such threat, including ground-
based systems.
(7) A discussion of issues related to any con-
tractor liability associated with the installation or use
of technology or systems on commercial aircraft to ad-
dress such threat.
(8) A description of the strategies that the Sec-
retary may employ to acquire any technology or sys-
tems selected for use on commercial aircraft at the
conclusion of phase II of the counter-MANPADS de-
velopment and demonstration program, including—
(A) a schedule for purchasing and installing
such technology or systems on commercial air-
craft; and
(B) a description of—
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(i) the priority in which commercial
aircraft will be equipped with such tech-
nology or systems;
(ii) any efforts to coordinate the sched-
ules for installing such technology or system
with private airlines;
(iii) any efforts to ensure that aircraft
manufacturers integrate such technology or
systems into new aircraft; and
(iv) the cost to operate and support
such technology or systems on a commercial
aircraft.
(9) A description of the plan to expedite the use
of technology or systems on commercial aircraft to ad-
dress the threat posed by MANPADS if intelligence or
events indicate that the schedule for the use of such
technology or systems, including the schedule for car-
rying out development and demonstration programs
by the Secretary, should be expedited.
(10) A description of the efforts of the Secretary
to survey and identify the areas at domestic and for-
eign airports where commercial aircraft are most vul-
nerable to attack by MANPADS.
(11) A description of the cooperation between the
Secretary and the Administrator of the Federal Avia-
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HR 4567 EAS2S
tion Administration to certify the airworthiness and
safety of technology and systems to protect commer-
cial aircraft from the risk posed by MANPADS in an
expeditious manner.
(c) The report required by subsection (a) shall be trans-
mitted to Congress along with the budget for fiscal year
2006 submitted by the President pursuant to section
1105(a) of title 31, United States Code.
SEC. 532. 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 operational elements of
the United States Secret Service to report to an individual
other than the Director of the United States Secret Service,
or cause the Director to report directly to any individual
other than the Secretary of Homeland Security.
SEC. 533. DATA-MINING REPORT. (a) DEFINITIONS.—
In this section:
(1) DATA-MINING.—The term ‘‘data-mining’’
means a query or search or other analysis of 1 or
more electronic databases, where—
(A) at least 1 of the databases was obtained
from or remains under the control of a non-Fed-
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HR 4567 EAS2S
eral entity, or the information was acquired ini-
tially by another department or agency of the
Federal Government;
(B) the search does not use a specific indi-
vidual’s personal identifiers to acquire informa-
tion concerning that individual; and
(C) a department or agency of the Federal
Government or a non-Federal entity acting on
behalf of the Federal Government is conducting
the query or search or other analysis to find a
pattern indicating terrorist, criminal, or other
law enforcement related activity.
(2) DATABASE.—The term ‘‘database’’ does not
include telephone directories, information publicly
available via the Internet or available by any other
means to any member of the public without payment
of a fee, or databases of judicial and administrative
opinions.
(b) REPORTS ON DATA-MINING ACTIVITIES.—
(1) REQUIREMENT FOR REPORT.—The head of
each agency in the Department of Homeland Security
or the privacy officer, if applicable, that is engaged
in any activity to use or develop data-mining tech-
nology shall each submit a public report to Congress
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HR 4567 EAS2S
on all such activities of the agency under the jurisdic-
tion of that official.
(2) CONTENT OF REPORT.—A report submitted
under paragraph (1) shall include, for each activity
to use or develop data-mining technology that is re-
quired to be covered by the report, the following infor-
mation:
(A) A thorough description of the data-min-
ing technology, the plans for the use of such tech-
nology, the data that will be used, and the target
dates for the deployment of the data-mining tech-
nology.
(B) An assessment of the likely impact of
the implementation of the data-mining tech-
nology on privacy and civil liberties.
(C) A thorough discussion of the policies,
procedures, and guidelines that are to be devel-
oped and applied in the use of such technology
for data-mining in order to—
(i) protect the privacy and due process
rights of individuals; and
(ii) ensure that only accurate informa-
tion is collected and used.
(D) Any necessary classified information in
an annex that shall be available to the Com-
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mittee on Governmental Affairs, the Committee
on the Judiciary, and the Committee on Appro-
priations of the Senate and the Committee on
Homeland Security, the Committee on the Judi-
ciary, and the Committee on Appropriations of
the House of Representatives.
(3) TIME FOR REPORT.—Each report required
under paragraph (1) shall be submitted not later than
90 days after the end of fiscal year 2005.
SEC. 534. (a) Of any funds previously made available
to the Federal Emergency Management Agency in response
to the September 11, 2001, attacks in New York City, not
less than $4,450,000 shall be provided, subject to the request
of the Governor of New York, to those mental health coun-
seling service entities that have historically provided mental
health counseling through Project Liberty to personnel of
the New York City Police Department, the New York City
Fire Department, and other emergency services agencies, to
continue such counseling.
SEC. 535. SENSE OF THE SENATE CONCERNING THE
AMERICAN RED CROSS AND CRITICAL BIOMEDICAL SYS-
TEMS. (a) FINDINGS.—The Senate finds that—
(1) the blood supply is a vital public health re-
source that must be readily available at all times,
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particularly in response to terrorist attacks and nat-
ural disasters;
(2) the provision of blood is an essential part of
the critical infrastructure of the United States and
must be protected from threats of terrorism;
(3) disruption of the blood supply or the compro-
mising of its integrity could have wide-ranging im-
plications on the ability of the United States to react
in a crisis; and
(4) the need exists to ensure that blood collection
facilities maintain adequate inventories to prepare
for disasters at all times in all locations.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Department of Homeland Security’s Informa-
tion Analysis and Infrastructure Protection should consult
with the American Red Cross to—
(1) identify critical assets and interdependencies;
(2) perform vulnerability assessments; and
(3) identify necessary resources to implement
protective measures to ensure continuity of operations
and security of information technology systems for
blood and blood products.
SEC. 536. It is the sense of the Senate that—
(1) the Director of the Office for State and Local
Government Coordination and Preparedness be given
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limited authority to approve requests from the senior
official responsible for emergency preparedness and
response in each State to reprogram funds appro-
priated for the State Homeland Security Grant Pro-
gram of the Office for State and Local Government
Coordination and Preparedness to address specific se-
curity requirements that are based on credible threat
assessments, particularly threats that arise after the
State has submitted an application describing its in-
tended use of such grant funds;
(2) for each State, the amount of funds repro-
grammed under this section should not exceed 10 per-
cent of the total annual allocation for such State
under the State Homeland Security Grant Program;
and
(3) before reprogramming funds under this sec-
tion, a State official described in paragraph (1)
should consult with relevant local officials.
SEC. 537. DISASTER ASSISTANCE EMPLOYEE CADRES
OF EMERGENCY PREPAREDNESS AND RESPONSE DIREC-
TORATE.
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity is encouraged to place special emphasis on the recruit-
ment of American Indians, Alaska Natives, and Native Ha-
waiians for positions within Disaster Assistance Employee
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cadres maintained by the Emergency Preparedness and Re-
sponse Directorate.
(b) REPORT.—The Secretary of Homeland Security
shall report periodically to the Senate and the House of
Representatives with respect to—
(1) the representation of American Indians,
Alaska Natives, and Native Hawaiians in the Dis-
aster Assistance Employee cadres; and
(2) the efforts of the Secretary of Homeland Se-
curity to increase the representation of such individ-
uals in the cadres.
SEC. 538. Sections 702 and 703 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 342 and 343) are amended by
striking ‘‘, or to another official of the Department, as the
Secretary may direct’’ each place it appears.
SEC. 539. Section 208(a) of Public Law 108–137; 117
Stat. 1849 is amended by striking ‘‘current’’ and inserting
‘‘2005’’.
SEC. 540. LIAISON FOR DISASTER EMERGENCIES. (a)
DEPLOYMENT OF DISASTER LIAISON.—If requested by the
Governor or the appropriate State agency of the affected
State, the Secretary of Agriculture may deploy disaster liai-
sons to State and local Department of Agriculture Service
Centers in a federally declared disaster area whenever Fed-
eral Emergency Management Agency Personnel are de-
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ployed in that area, to coordinate Department programs
with the appropriate disaster agencies designated under the
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.).
(b) QUALIFICATIONS.—A disaster liaison shall be se-
lected from among Department employees who have experi-
ence providing emergency disaster relief in federally de-
clared disaster areas.
(c) DUTIES.—A disaster liaison shall—
(1) serve as a liaison to State and Federal
Emergency Services;
(2) be deployed to a federally declared disaster
area to coordinate Department interagency programs
in assistance to agricultural producers in the declared
disaster area;
(3) facilitate the claims and applications of agri-
cultural producers who are victims of the disaster
that are forwarded to the Department by the appro-
priate State Department of Agriculture agency direc-
tor; and
(4) coordinate with the Director of the State of-
fice of the appropriate Department agency to assist
with the application for and distribution of economic
assistance.
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(d) DURATION OF DEPLOYMENT.—The deployment of
a disaster liaison under subsection (a) may not exceed 30
days.
(e) DEFINITION.—In this section, the term ‘‘federally
declared disaster area’’ means—
(1) an area covered by a Presidential declaration
of major disaster, including a disaster caused by a
wildfire, issued under section 301 of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170); or
(2) determined to be a disaster area, including
a disaster caused by a wildfire, by the Secretary
under subpart A of part 1945 of title 7, Code of Fed-
eral Regulations.
TITLE VI—EMERGENCY AGRICULTURAL
DISASTER ASSISTANCE
SEC. 601. CROP DISASTER ASSISTANCE. (a) DEFINI-
TIONS.—In this section:
(1) ADDITIONAL
COVERAGE.—The term ‘‘addi-
tional coverage’’ has the meaning given the term in
section 502(b) of the Federal Crop Insurance Act (7
U.S.C. 1502(b)).
(2) INSURABLE COMMODITY.—The term ‘‘insur-
able commodity’’ means an agricultural commodity
(excluding livestock) for which the producers on a
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farm are eligible to obtain a policy or plan of insur-
ance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(3) 
NONINSURABLE
COMMODITY.—The 
term
‘‘noninsurable commodity’’ means an eligible crop for
which the producers on a farm are eligible to obtain
assistance under section 196 of the Federal Agri-
culture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) EMERGENCY FINANCIAL ASSISTANCE.—Notwith-
standing section 508(b)(7) of the Federal Crop Insurance
Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (re-
ferred to in this title as the ‘‘Secretary’’) shall use such sums
as are necessary of funds of the Commodity Credit Corpora-
tion to make emergency financial assistance authorized
under this section available to producers on a farm that
have incurred qualifying crop or quality losses for the 2003
or 2004 crop (as elected by a producer), but not both, due
to damaging weather or related condition, as determined
by the Secretary.
(c) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner
as provided under section 815 of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106–387;
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114 Stat. 1549A–55), including using the same loss thresh-
olds for the quantity and quality losses as were used in ad-
ministering that section.
(d) REDUCTION IN PAYMENTS.—The amount of assist-
ance that a producer would otherwise receive for a quali-
fying crop or quality loss under this section shall be reduced
by the amount of assistance that the producer receives under
the crop loss assistance program announced by the Sec-
retary on August 27, 2004.
(e) INELIGIBILITY FOR ASSISTANCE.—Except as pro-
vided in subsection (f), the producers on a farm shall not
be eligible for assistance under this section with respect to
losses to an insurable commodity or noninsurable com-
modity if the producers on the farm—
(1) in the case of an insurable commodity, did
not obtain a policy or plan of insurance for the in-
surable commodity under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) for the crop incurring the
losses; and
(2) in the case of a noninsurable commodity, did
not file the required paperwork, and pay the adminis-
trative fee by the applicable State filing deadline, for
the noninsurable commodity under section 196 of the
Federal Agriculture Improvement and Reform Act of
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1996 (7 U.S.C. 7333) for the crop incurring the
losses.
(f) CONTRACT WAIVER.—The Secretary may waive
subsection (e) with respect to the producers on a farm if
the producers enter into a contract with the Secretary under
which the producers agree—
(1) in the case of an insurable commodity, to ob-
tain a policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) providing
additional coverage for the insurable commodity for
each of the next 2 crops; and
(2) in the case of a noninsurable commodity, to
file the required paperwork and pay the administra-
tive fee by the applicable State filing deadline, for the
noninsurable commodity for each of the next 2 crops
under section 196 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7333).
(g) EFFECT OF VIOLATION.—In the event of the viola-
tion of a contract under subsection (f) by a producer, the
producer shall reimburse the Secretary for the full amount
of the assistance provided to the producer under this section.
SEC. 602. LIVESTOCK ASSISTANCE PROGRAM. (a) IN
GENERAL.—The Secretary shall use such sums as are nec-
essary of funds of the Commodity Credit Corporation to
make and administer payments for livestock losses to pro-
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ducers for 2003 or 2004 losses (as elected by a producer),
but not both, in a county that has received an emergency
designation by the President or the Secretary after January
1, 2003, of which an amount determined by the Secretary
shall be made available for the American Indian livestock
program under section 806 of the Agriculture, Rural Devel-
opment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 2001 (Public Law 106–387; 114
Stat. 1549A–51).
(b) ADMINISTRATION.—The Secretary shall make as-
sistance available under this section in the same manner
as provided under section 806 of the Agriculture, Rural De-
velopment, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106–387;
114 Stat. 1549A–51).
(c) MITIGATION.—In determining the eligibility for or
amount of payments for which a producer is eligible under
the livestock assistance program, the Secretary shall not pe-
nalize a producer that takes actions (recognizing disaster
conditions) that reduce the average number of livestock the
producer owned for grazing during the production year for
which assistance is being provided.
SEC. 603. TREE ASSISTANCE PROGRAM. The Secretary
shall use such sums as are necessary of the funds of the
Commodity Credit Corporation to provide assistance under
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the tree assistance program established under subtitle C of
title X of the Farm Security and Rural Investment Act of
2002 to producers who suffered tree losses during the winter
of 2003 through 2004.
SEC. 604. COMMODITY CREDIT CORPORATION. The
Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title.
SEC. 605. REGULATIONS. (a) IN GENERAL.—The Sec-
retary may promulgate such regulations as are necessary
to implement this title.
(b) PROCEDURE.—The promulgation of the regulations
and administration of this title shall be made without re-
gard to—
(1) the notice and comment provisions of section
553 of title 5, United States Code;
(2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(c) CONGRESSIONAL
REVIEW
OF
AGENCY
RULE-
MAKING.—In carrying out this section, the Secretary shall
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use the authority provided under section 808 of title 5,
United States Code.
SEC. 606. EMERGENCY DESIGNATION. Amounts appro-
priated or otherwise made available in this title are each
designated as an emergency requirement pursuant to sec-
tion 402 of S. Con. Res. 95 (108th Congress), as made ap-
plicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section
14007 of the Department of Defense Appropriations Act,
2005 (Public Law 108–287; 118 Stat. 1014).
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2005’’.
Attest:
Secretary.