H. R. 4567
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
Making appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of Homeland Secu-
rity for the fiscal year ending September 30, 2005, and for other
purposes, namely:
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security
Act of 2002 (6 U.S.C. 112), and executive management of the
Department of Homeland Security, as authorized by law,
$85,034,000: Provided, That not to exceed $40,000 shall be for
official reception and representation expenses.
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701–705 of the Home-
land Security Act of 2002 (6 U.S.C. 341–345), $151,153,000: Pro-
vided, That not to exceed $3,000 shall be for official reception
and representation expenses: Provided further, That of the total
amount provided, $65,081,000 shall remain available until expended
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department head-
quarters operations.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $13,000,000.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology invest-
ments, $275,270,000; of which $67,270,000 shall be available for
salaries and expenses; and of which $208,000,000 shall be available
H. R. 4567—2
for development and acquisition of information technology equip-
ment, software, services, and related activities for the Department
of Homeland Security, and for the costs of conversion to narrowband
communications, including the cost for operation of the land mobile
radio legacy systems, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support
or supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or the
Automated Commercial Environment.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $82,317,000, of which not to exceed $100,000 may
be used for certain confidential operational expenses, including
the payment of informants, to be expended at the direction of
the 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 Secretary
for Border and Transportation Security, as authorized by subtitle
A of title IV of the Homeland Security Act of 2002 (6 U.S.C.
201 et seq.), $9,617,000: Provided, That not to exceed $3,000 shall
be for official reception and representation expenses.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note),
$340,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, $254,000,000 may
not be obligated for the United States Visitor and Immigrant Status
Indicator Technology project until the Committees on Appropria-
tions of the Senate and the House of Representatives receive and
approve a plan for expenditure prepared by the Secretary of Home-
land 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 7;
(2) complies with the Department of Homeland Security
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the
Federal Government;
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(4) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
(INCLUDING RESCISSION OF FUNDS)
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 operation 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; $4,534,119,000; of which $3,000,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative expenses
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 $35,000 shall
be for official reception and representation expenses; of which not
less than $131,436,000 shall be for Air and Marine Operations;
of which not to exceed $156,162,000 shall remain available until
September 30, 2006, for inspection and surveillance technology,
unmanned aerial vehicles, and equipment 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 Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; of which not
to exceed $150,000 shall be available for payment for rental space
in connection with preclearance operations; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the 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 for fiscal year 2005, the
aggregate overtime limitation prescribed in section 5(c)(1) of the
Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated in this Act may be available to compensate any
employee of the Bureau of Customs and Border Protection for
aggregate overtime and premium pay, from whatever source, in
an amount that exceeds such limitation, except in individual cases
determined by the Under Secretary for Border and Transportation
Security, or a designee, to be necessary for national security pur-
poses, to prevent excessive costs, or in cases of immigration emer-
gencies: 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 none
of the funds appropriated in this Act may be obligated to construct
permanent Border Patrol checkpoints in the Bureau of Customs
and Border Protection’s Tucson sector: Provided further, That the
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Commissioner, Bureau of Customs and Border Protection, is
directed to submit to the Committees on Appropriations of the
Senate and the House of Representatives a plan for expenditure
that includes location, design, costs, and benefits of each proposed
Tucson sector permanent checkpoint: Provided further, That the
Bureau of Customs and Border Protection shall relocate its tactical
checkpoints in the Tucson sector at least an average of once every
14 days in a manner designed to prevent persons subject to inspec-
tion from predicting the location of any such checkpoint.
In addition, of the funds appropriated under this heading in
chapter 6 of title I of Public Law 108–11 (117 Stat. 583), $63,010,000
are rescinded.
AUTOMATION MODERNIZATION
For expenses for customs and border protection automated
systems, $449,909,000, to remain available until expended, of which
not less than $321,690,000 shall be for the development of the
Automated Commercial Environment: Provided, That none of the
funds appropriated under this heading may be obligated for the
Automated Commercial 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
Secretary 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 7;
(2) complies with the Department of Homeland Security’s
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the
Federal Government;
(4) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, and other related equip-
ment of the air and marine program, including operational training
and mission-related travel, and rental payments for facilities occu-
pied by the air or marine interdiction and demand reduction pro-
grams, the operations of which include the following: the interdic-
tion of narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and
at the discretion of the Under Secretary for Border and Transpor-
tation Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humani-
tarian efforts, $257,535,000, 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 Customs and Border Protection requirements
and aircraft that have been damaged beyond repair, shall be trans-
ferred to any other Federal agency, department, or office outside
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of the Department of Homeland Security during fiscal year 2005
without the prior approval of the Committees on Appropriations
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 administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $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 investigations; and pur-
chase and lease of up to 2,300 (2,000 for replacement only) police-
type vehicles, $2,438,494,000, of which not to exceed $5,000,000
shall be available until expended for conducting special operations
pursuant to section 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 certificate of the Under Secretary
for Border and Transportation Security; of which not less than
$102,000 shall be for promotion of public awareness of the child
pornography tipline; of which not less than $203,000 shall be for
Project Alert; 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 $35,000, except that the Under Secretary
for Border and Transportation Security may waive that amount
as necessary for national security purposes and in cases of immigra-
tion emergencies: Provided further, That of the total amount pro-
vided, $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.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$662,900,000.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this
account, not to exceed $478,000,000, shall be available until
expended for necessary expenses related to the protection of feder-
ally-owned and leased buildings and for the operations of the Fed-
eral Protective Service.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated
systems, $39,605,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading may be
H. R. 4567—6
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Under Secretary 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 7;
(2) complies with the Department of Homeland Security
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the
Federal Government;
(4) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability 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,
$26,179,000, to remain available until expended.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
For necessary expenses of the Transportation Security Adminis-
tration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597), $4,323,523,000, to remain available until
expended, of which not to exceed $3,000 shall be for official reception
and representation expenses: Provided, That of the total amount
provided under this heading, not to exceed $2,049,173,000 shall
be for passenger screening activities; not to exceed $1,452,460,000
shall be for baggage screening activities, of which $180,000,000
shall be available only for procurement of checked baggage explosive
detection systems and $45,000,000 shall be available only for
installation of checked baggage explosive detection systems; and
not to exceed $821,890,000 shall be for airport security direction
and enforcement presence: Provided further, That security service
fees authorized under section 44940 of title 49, United States Code,
shall be credited to this appropriation as offsetting collections:
Provided further, That, 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 collections
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 $2,500,523,000: Provided further, That the Government
Accountability Office shall review, using a methodology deemed
appropriate by the Comptroller General, the calendar year 2000
cost information for screening passengers and property pursuant
to section 44940(a)(2) of title 49, United States Code, of air carriers
and foreign air carriers engaged in air transportation and intrastate
air transportation and report the information within 6 months
of enactment of the Act but no earlier than March 31, 2005, to
the Committees on Appropriations of the Senate and House of
H. R. 4567—7
Representatives; the House Transportation and Infrastructure Com-
mittee; and the Senate Committee on Commerce, Science, and
Transportation: Provided 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 automated data and files
of such air carriers, airport authorities, 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 papers, auto-
mated data and files, or other information relevant to such reviews
without cost to the Comptroller General and the Comptroller Gen-
eral’s right of access to such information shall be enforceable pursu-
ant to section 716(c) of title 31, United States Code: Provided
further, That the Comptroller General shall maintain the same
level of confidentiality for information made available under the
preceding 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 Department of
Homeland Security shall transfer to the Government Accountability
Office from appropriations available for administration expenses
of the Transportation Security Administration, the amount
requested by the Comptroller General, not to exceed $5,000,000,
to cover the full costs of any review and report of the calendar
year 2000 cost information conducted by the Comptroller General,
with 15 days advance notice by the Transportation Security
Administration to the Committees on Appropriations of the Senate
and House of Representatives: Provided further, That the Comp-
troller General shall credit funds transferred under the authority
of the preceding proviso to the account established for salaries
and expenses of the Government Accountability Office, and such
amount shall be available upon receipt and without fiscal year
limitation to cover the full costs of the review and report: Provided
further, That any funds transferred and credited under the
authority of the preceding provisos that are not needed for the
Comptroller General’s performance of such review and report shall
be returned to the Department of Homeland Security and credited
to the appropriation from which transferred: Provided further, That
beginning with amounts due in calendar year 2005, if the result
of this review is that an air carrier or foreign air carrier has
not paid the appropriate fee to the Transportation Security Adminis-
tration pursuant to section 44940(a)(2) of title 49 United States
Code, the Secretary of Homeland Security shall undertake all nec-
essary actions to ensure that such amounts are collected: Provided
further, That such collections received during fiscal year 2005 shall
be credited to this appropriation as offsetting collections and shall
be available only for security modifications at commercial airports:
Provided 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 review: Provided
further, That none of the funds in this Act shall be used to recruit
or hire personnel into the Transportation Security Administration
which would cause the agency to exceed a staffing level of 45,000
full-time equivalent screeners: Provided further, That notwith-
standing 49 U.S.C. 44923, the government’s share of the cost for
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a project under any letter of intent shall be 75 percent for any
medium or large hub airport.
MARITIME AND LAND SECURITY
For necessary expenses of the Transportation Security Adminis-
tration related to maritime and land transportation security grants
and services pursuant to the Aviation and Transportation Security
Act (Public Law 107–71; 115 Stat. 597), $48,000,000, to remain
available until September 30, 2006.
In addition, fees authorized by section 520 of Public Law 108–
90 shall be credited to this appropriation and shall be available
until expended: Provided, That in fiscal year 2005, fee collections
shall be used for initial administrative costs of credentialing activi-
ties.
INTELLIGENCE
For necessary expenses for intelligence activities pursuant 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, $178,000,000, to remain available until
expended: Provided, That of the total amount provided under this
heading, $54,000,000 shall be available for the research and
development of explosive detection devices.
ADMINISTRATION
For necessary expenses for administrative activities of the
Transportation Security Administration to carry out the Aviation
and Transportation Security Act (Public Law 107–71; 115 Stat.
597), $519,852,000, to remain available until September 30, 2006.
UNITED STATES COAST GUARD
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the Coast Guard not otherwise provided for, purchase 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) and section 229(b) of the Social Security Act (42 U.S.C.
429(b)), and recreation and welfare, $5,157,220,000, of which
$1,204,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990; and of which not to exceed $3,000 shall
be for official reception 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 further, 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 credited to this appropriation: Provided further,
H. R. 4567—9
That notwithstanding section 1116(c) of title 10, United States
Code, amounts made available under this heading may be used
to make payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund for fiscal year 2005 under section 1116(a)
of such title.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard’s environ-
mental 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 reserve program; per-
sonnel 
and 
training 
costs; 
and 
equipment 
and 
services;
$113,000,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $982,200,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990;
of which $19,750,000 shall be available until September 30, 2009,
to acquire, repair, renovate, or improve vessels, small boats, and
related equipment; of which $2,500,000 shall be available until
September 30, 2009, to increase aviation capability; of which
$158,000,000 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 related costs; and of which $723,950,000 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 appropriation
as offsetting collections and shall be available until September
30, 2007, only for Rescue 21: Provided further, That the Secretary
of Homeland Security shall submit to the Congress, in conjunction
with the President’s fiscal year 2006 budget, a new Deepwater
baseline that identifies revised acquisition timelines for each asset
contained in the Deepwater program; a timeline and detailed jus-
tification for each new asset that is determined to be necessary
to fulfill homeland and national security functions or multi-agency
procurements as identified by the Joint Requirements Council; a
detailed description of the revised mission requirements and their
corresponding impact on the Deepwater program’s acquisition
timeline; and funding levels for each asset, whether new or con-
tinuing: Provided further, That the Secretary shall annually submit
to the Congress, at the time that the President’s budget is submitted
under section 1105(a) of title 31, a future-years capital investment