I 
108TH CONGRESS 
2D SESSION 
H. R. 4462 
Making appropriations for homeland security programs within the Depart-
ments of Energy, Health and Human Services, and Homeland Security 
for the fiscal year ending September 30, 2005, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2004 
Mr. SANDLIN (for himself and Mr. OBEY) introduced the following bill; which 
was referred to the Committee on Appropriations 
A BILL 
Making appropriations for homeland security programs with-
in the Departments of Energy, Health and Human Serv-
ices, and Homeland Security for the fiscal year ending 
September 30, 2005, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for 
homeland security programs within the Departments of 
Energy, Health and Human Services, and Homeland Se-
curity for the fiscal year ending September 30, 2005, and 
for other purposes, namely:
HR 4462 IH 
TITLE I—DEPARTMENT OF ENERGY 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the 
purchase, construction, acquisition of plant and capital 
equipment and other incidental expenses necessary for 
atomic energy defense, defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, $1,400,000,000, to remain avail-
able until expended. 
TITLE II—DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
For expenses necessary to support activities related 
to countering potential biological, disease, nuclear, radio-
logical and chemical threats to civilian populations, 
$1,899,711,000: Provided, That this amount is distributed 
as follows: Centers for Disease Control and Prevention, 
$1,245,223,000; Office of the Secretary, $64,438,000;
HR 4462 IH 
TITLE III—DEPARTMENT OF HOMELAND 
SECURITY 
BORDER AND TRANSPORTATION SECURITY 
CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relat-
ing to border security, immigration, customs, and agricul-
tural 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 con-
tracting with individuals for personal services abroad; 
$5,080,000,000; of which $3,000,000 shall be derived 
from the Harbor Maintenance Trust Fund for administra-
tive expenses related to the collection of the Harbor Main-
tenance Fee pursuant to Public Law 103–182 and not-
withstanding section 1511(e)(1) of Public Law 107–296; 
of which not to exceed $40,000 shall be for official recep-
tion and representation expenses; of which not to exceed 
$400,000,000 shall remain available until September 30, 
2006, for inspection and surveillance technology, un-
manned aerial vehicles, and equipment for the Container 
Security Initiative; of which such sums as become avail-
able in the Customs User Fee Account, except sums sub-
ject to section 13031(f)(3) of the Consolidated Omnibus
HR 4462 IH 
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 certifi-
cate of the Under Secretary for Border and Transpor-
tation Security; and of which not to exceed $5,000,000 
shall be available for payments or advances arising out 
of contractual or reimbursable agreements with State and 
local law enforcement agencies while engaged in coopera-
tive activities related to immigration: Provided, That not-
withstanding any other provision of law, none of the funds 
appropriated shall be available to compensate any em-
ployee for overtime in an annual amount in excess of 
$35,000 and the fiscal year aggregate overtime limitation 
prescribed in subsection 5(c)(1) of the Act of February 
13, 1911 (19 U.S.C. 261 and 267) shall be $35,000, ex-
cept that the Commissioner of Customs and Border Pro-
tection, or his designee, may exceed that amount, for any 
employee, as necessary for national security purposes or 
to meet emergency requirements of Customs and Border 
Protection.
HR 4462 IH 
IMMIGRATION AND CUSTOMS ENFORCEMENT 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal air marshals, 
$700,000,000, to remain available until expended. 
AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, and 
other related equipment of the air and marine program, 
including operational training and mission-related travel, 
and rental payments for facilities occupied by the air or 
marine interdiction and demand reduction programs, the 
operations of which include the following: the interdiction 
of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or 
administration of laws enforced by the Bureau of Immi-
gration and Customs Enforcement; and at the discretion 
of the Under Secretary for Border and Transportation Se-
curity, the provision of assistance to Federal, State, and 
local agencies in other law enforcement and emergency hu-
manitarian efforts, $305,000,000 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
HR 4462 IH 
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 Appropriations of the Senate and the 
House of Representatives. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to providing civil aviation secu-
rity services pursuant to the Aviation and Transportation 
Security Act (Public Law 107–71; 115 Stat. 597), 
$4,540,000,000, 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 
$2,008,000,000 shall be for passenger screening activities; 
not to exceed $1,628,000,000 shall be for baggage screen-
ing activities; and not to exceed $904,000,000 shall be for 
airport security direction and enforcement presence: Pro-
vided further, That security service fees authorized under 
section 44940 of title 49, United States Code, shall be 
credited to this appropriation as offsetting collections: 
Provided further, That the sum herein appropriated from 
the General Fund shall be reduced on a dollar-for-dollar 
basis as such offsetting collections are received during fis-
HR 4462 IH 
cal year 2005, so as to result in a final fiscal year appro-
priation from the General Fund estimated at not more 
than $2,717,000,000: Provided further, That any security 
service fees collected pursuant to section 118 of Public 
Law 107–71 in excess of the amount appropriated under 
this heading shall be treated as offsetting collections in 
fiscal year 2005: Provided further, That none of the funds 
herein appropriated may be used to approve, renew, or im-
plement any aviation cargo security plan that permits the 
transporting of unscreened or uninspected cargo on pas-
senger planes. 
MARITIME AND LAND SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to maritime and land transpor-
tation security grants and services pursuant to the Avia-
tion and Transportation Security Act (49 U.S.C. 40101 
note), $650,000,000, to remain available until September 
30, 2006. 
OFFICE FOR DOMESTIC PREPAREDNESS 
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, $3,875,000,000, which shall 
be allocated as follows:
HR 4462 IH 
(1) $1,700,000,000 for formula-based grants 
and $1,000,000,000 for law enforcement terrorism 
prevention grants pursuant to section 1014 of the 
USA PATRIOT Act of 2001 (42 U.S.C. 3714); and 
(2) $800,000,000 for discretionary grants for 
use in high-threat, high-density urban areas, as de-
termined by the Secretary of Homeland Security: 
Provided, That section 1014(c)(3) of the USA PA-
TRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 
not apply to these grants: 
Provided further, That funds appropriated for law enforce-
ment terrorism prevention grants under paragraph (1) 
and discretionary grants under paragraph (2) of this 
heading shall be available for operational costs, to include 
personnel overtime and overtime associated with Office for 
Domestic Preparedness certified training, as needed. 
FIREFIGHTER ASSISTANCE GRANTS 
For necessary expenses for programs authorized by 
section 33 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229), $800,000,000, to remain avail-
able until September 30, 2005: Provided, That not to ex-
ceed 5 percent of this amount shall be available for pro-
gram administration.