IB 
108TH CONGRESS 
2D SESSION 
H. R. 4567 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2004 
Ordered to be printed with the amendment of the Senate 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2005, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
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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TITLE I—DEPARTMENTAL MANAGEMENT AND 
OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE 
MANAGEMENT 
For necessary expenses of the Office of the Sec-
retary of Homeland Security, as authorized by section 
102 of the Homeland Security Act of 2002 (6 U.S.C. 
112), and executive management of the Department of 
Homeland Security, as authorized by law, $80,227,000: 
Provided, That not to exceed $45,000 shall be for official 
reception and representation expenses. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under 
Secretary for Management, as authorized by sections 
701–705 of the Homeland Security Act of 2002 (6 
U.S.C. 341–345), $179,806,000 (reduced by $450,000) 
(reduced by $50,000,000): Provided, That not to exceed 
$5,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount pro-
vided, $65,081,000 shall remain available until expended 
for costs necessary to consolidate headquarters operations 
at the Nebraska Avenue Complex, including tenant im-
provements and relocation costs.
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OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Fi-
nancial Officer, as authorized by section 103 of the Home-
land Security Act of 2002 (6 U.S.C. 113), $13,000,000. 
OFFICE OF THE CHIEF PROCUREMENT OFFICER 
For necessary expenses of the Office of the Chief Pro-
curement Officer, $7,734,000. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief In-
formation Officer, as authorized by section 103 of the 
Homeland
Security
Act
of
2002
(6
U.S.C.
113), 
$60,139,000. 
DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS 
For development and acquisition of information 
technology equipment, software, services, and related ac-
tivities for the Department of Homeland Security, and 
for the costs of conversion to narrowband communica-
tions, including the cost for operation of the land mobile 
radio legacy systems, $211,000,000, to remain available 
until expended: Provided, That none of the funds appro-
priated shall be used to support or supplement the appro-
priations provided for the United States Visitor and Im-
migrant Status Indicator Technology project or the Auto-
mated Commercial Environment.
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OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978 (5 U.S.C. App.), $82,317,000, of 
which not to exceed $100,000 may be used for certain 
confidential operational expenses, including the payment 
of informants, to be expended at the direction of the In-
spector General. 
TITLE II—SECURITY, ENFORCEMENT, AND 
INVESTIGATIONS 
OFFICE OF THE UNDER SECRETARY FOR BORDER AND 
TRANSPORTATION SECURITY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Under 
Secretary for Border and Transportation Security, as au-
thorized by subtitle A of title IV of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 201 et seq.), $10,371,000. 
UNITED STATES VISITOR AND IMMIGRANT STATUS 
INDICATOR TECHNOLOGY 
For necessary expenses for the development of the 
United States Visitor and Immigrant Status Indicator 
Technology project, as authorized by section 110 of the 
Illegal Immigration Reform and Immigration Responsi-
bility Act of 1996 (8 U.S.C. 1221 note), $340,000,000, 
to remain available until expended: Provided, That of the 
funds appropriated under this heading, $254,000,000
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may not be obligated for the United States Visitor and 
Immigrant Status Indicator Technology project until the 
Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Se-
curity that: (1) meets the capital planning and invest-
ment control review requirements established by the Of-
fice of Management and Budget, including Circular A– 
11, part 3; (2) complies with the Department of Home-
land Security enterprise information systems architec-
ture; (3) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition management 
practices of the Federal Government; (4) is reviewed and 
approved by the Department of Homeland Security and 
the Office of Management and Budget; and (5) is re-
viewed by the General Accounting Office. 
CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws re-
lating to border security, immigration, customs, and agri-
cultural inspections and regulatory activities related to 
plant and animal imports; acquisition, lease, maintenance 
and operation of aircraft; purchase and lease of up to 
4,500 (3,935 for replacement only) police-type vehicles; 
and contracting with individuals for personal services
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abroad;
$4,611,911,000
(increased
by
$450,000),
of 
which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses re-
lated to the collection of the Harbor Maintenance Fee 
pursuant to Public Law 103–182 and notwithstanding 
section 1511(e)(1) of Public Law 107–296; of which not 
to exceed $40,000 shall be for official reception and rep-
resentation
expenses;
of
which
not
to
exceed 
$176,162,000 shall remain available until September 30, 
2006, for inspection and surveillance technology, un-
manned aerial vehicles, and equipment for the Container 
Security Initiative; of which such sums as become avail-
able in the Customs User Fee Account, except sums sub-
ject to section 13031(f)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
shall be derived from that account; of which not to exceed 
$150,000 shall be available for payment for rental space 
in connection with preclearance operations; of which not 
to exceed $1,000,000 shall be for awards of compensation 
to informants, to be accounted for solely under the cer-
tificate of the Under Secretary for Border and Transpor-
tation Security; and of which not to exceed $5,000,000 
shall be available for payments or advances arising out 
of contractual or reimbursable agreements with State and 
local law enforcement agencies while engaged in coopera-
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tive activities related to immigration: Provided, That for 
fiscal year 2005, the aggregate overtime limitation pre-
scribed in section 5(c)(1) of the Act of February 13, 
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not-
withstanding any other provision of law, none of the 
funds appropriated in this Act may be available to com-
pensate any employee of U.S. Customs and Border Pro-
tection for aggregate overtime and premium pay, from 
whatever source, in an amount that exceeds such limita-
tion, except in individual cases determined by the Under 
Secretary for Border and Transportation Security, or a 
designee, to be necessary for national security purposes, 
to prevent excessive costs, or in cases of immigration 
emergencies: Provided further, That none of the funds ap-
propriated in this Act may be obligated to construct per-
manent Border Patrol checkpoints in the U.S. Customs 
and Border Protection’s Tucson sector: Provided further, 
That the Commissioner, U.S. Customs and Border Pro-
tection, is directed to submit to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives a plan for expenditure that includes location, design, 
costs, and benefits of each proposed Tucson sector per-
manent checkpoint: Provided further, That U.S. Customs 
and Border Protection shall relocate its tactical check-
points in the Tucson sector at least an average of once
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every 14 days in a manner designed to prevent persons 
subject to inspection from predicting the location of any 
such checkpoint. 
AUTOMATION MODERNIZATION 
For expenses for customs and border protection 
automated systems, $449,909,000, to remain available 
until expended, of which not less than $321,690,000 shall 
be for the development of the Automated Commercial 
Environment: Provided, That none of the funds appro-
priated under this heading may be obligated for the 
Automated Commercial Environment until the Commit-
tees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expendi-
ture prepared by the Under Secretary for Border and 
Transportation Security that: (1) meets the capital plan-
ning and investment control review requirements estab-
lished by the Office of Management and Budget, includ-
ing Circular A–11, part 3; (2) complies with U.S. Cus-
toms and Border Protection’s enterprise information sys-
tems architecture; (3) complies with the acquisition rules, 
requirements, guidelines, and systems acquisition man-
agement practices of the Federal Government; (4) is re-
viewed and approved by the U.S. Customs and Border 
Protection Investment Review Board, the Department of 
Homeland Security, and the Office of Management and
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Budget; and (5) is reviewed by the General Accounting 
Office. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of laws relating to 
customs and immigration, $91,718,000, to remain avail-
able until expended. 
IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigra-
tion and customs laws, detention and removals, and in-
vestigations; and purchase and lease of up to 2,300 
(2,000
for
replacement
only)
police-type
vehicles; 
$2,377,006,000, of which not to exceed $5,000,000 shall 
be available until expended for conducting special oper-
ations pursuant to section 3131 of the Customs Enforce-
ment Act of 1986 (19 U.S.C. 2081); of which not to ex-
ceed $15,000 shall be for official reception and represen-
tation expenses; of which not to exceed $1,000,000 shall 
be for awards of compensation to informants, to be ac-
counted for solely under the certificate of the Under Sec-
retary for Border and Transportation Security; of which 
not less than $100,000 shall be for promotion of public 
awareness of the child pornography tipline; of which not 
less than $200,000 shall be for Project Alert; and of
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which not to exceed $16,216,000 shall be available to 
fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation 
of smuggled illegal aliens: Provided, That none of the 
funds appropriated shall be available to compensate any 
employee for overtime in an annual amount in excess of 
$35,000, except that the Under Secretary for Border and 
Transportation Security may waive that amount as nec-
essary for national security purposes and in cases of im-
migration emergencies: Provided further, That of the total 
amount provided, $3,000,000 shall be for activities to en-
force laws against forced child labor in fiscal year 2005, 
of which not to exceed $2,000,000 shall remain available 
until expended. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal air marshals, 
$662,900,000, to remain available until expended. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account, not to exceed $478,000,000, shall be 
available until expended for necessary expenses related to 
the protection of federally-owned and leased buildings 
and for the operations of the Federal Protective Service. 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforce-
ment automated systems, $39,605,000, to remain avail-
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able until expended: Provided, That none of the funds ap-
propriated under this heading may be obligated for 
ATLAS until the Committees on Appropriations of the 
Senate and the House of Representatives receive and ap-
prove a plan for expenditure prepared by the Under Sec-
retary for Border and Transportation Security that: (1) 
meets the capital planning and investment control review 
requirements established by the Office of Management 
and Budget, including Circular A–11, part 3; (2) com-
plies with U.S. Immigration and Customs Enforcement’s 
enterprise information systems architecture; (3) complies 
with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal 
Government; (4) is reviewed and approved by the U.S. 
Immigration and Customs Enforcement’s Investment Re-
view Board, the Department of Homeland Security, and 
the Office of Management and Budget; and (5) is re-
viewed by the General Accounting Office. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of the laws relating 
to customs and immigration, $26,179,000, to remain 
available until expended.
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AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, and 
other related equipment of the air and marine program, 
including operational training and mission-related travel, 
and rental payments for facilities occupied by the air or 
marine interdiction and demand reduction programs, the 
operations of which include the following: the interdiction 
of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or 
administration of laws enforced by U.S. Customs and 
Border Protection or U.S. Immigration and Customs En-
forcement; and at the discretion of the Under Secretary 
for Border and Transportation Security, the provision of 
assistance to Federal, State, and local agencies in other 
law enforcement and emergency humanitarian efforts, 
$257,535,000, to remain available until expended: Pro-
vided, That no aircraft or other related equipment, with 
the exception of aircraft that are one of a kind and have 
been identified as excess to U.S. Immigration and Cus-
toms Enforcement requirements and aircraft that have 
been damaged beyond repair, shall be transferred to any 
other Federal agency, department, or office outside of the 
Department of Homeland Security during fiscal year
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2005 without the prior approval of the Committees on 
Appropriations of the Senate and the House of Rep-
resentatives. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to providing civil aviation se-
curity services pursuant to the Aviation and Transpor-
tation
Security
Act
(Public
Law
107–71), 
$4,270,564,000, to remain available until expended, of 
which not to exceed $3,000 shall be for official reception 
and representation expenses: Provided, That of the total 
amount provided under this heading, not to exceed 
$2,016,814,000 shall be for passenger screening activi-
ties; not to exceed $1,406,460,000 shall be for baggage 
screening activities; and not to exceed $847,290,000 shall 
be for airport security direction and enforcement: Pro-
vided further, That security service fees authorized under 
section 44940 of title 49, United States Code, shall be 
credited to this appropriation as offsetting collections: 
Provided further, That the sum herein appropriated from 
the General Fund shall be reduced on a dollar-for-dollar 
basis as such offsetting collections are received during 
fiscal year 2005, so as to result in a final fiscal year ap-
propriation from the General Fund estimated at not more
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than $2,447,564,000: Provided further, That any security 
service fees collected pursuant to section 118 of Public 
Law 107–71 in excess of the amount appropriated under 
this heading shall be treated as offsetting collections in 
fiscal year 2006: Provided further, That none of the 
funds in this Act shall be used to recruit or hire per-
sonnel into the Transportation Security Administration 
which would cause the agency to exceed a staffing level 
of 45,000 full-time equivalent screeners. 
MARITIME AND LAND SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to maritime and land trans-
portation security grants and services pursuant to the 
Aviation and Transportation Security Act (Public Law 
107–71), $65,000,000, to remain available until Sep-
tember 30, 2006. 
In addition, from fees authorized by section 520 of 
Public Law 108–90, up to $67,000,000 is available until 
expended: Provided, That in fiscal year 2005, other funds 
under this heading may be used for initial administrative 
costs of such credentialing activities. 
INTELLIGENCE 
For necessary expenses for intelligence activities 
pursuant to the Aviation and Transportation Security 
Act (Public Law 107–71), $14,000,000.
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RESEARCH AND DEVELOPMENT 
For necessary expenses for research and develop-
ment related to transportation security, $174,000,000, to 
remain available until expended. 
ADMINISTRATION 
For necessary expenses for administrative activities 
of the Transportation Security Administration to carry 
out the Aviation and Transportation Security Act (Public 
Law 107–71), $524,852,000, to remain available until 
September 30, 2006. 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and main-
tenance of the Coast Guard not otherwise provided for; 
purchase or lease of not to exceed 25 passenger motor ve-
hicles for replacement only; payments pursuant to section 
156 of Public Law 97–377 (42 U.S.C. 402 note) and sec-
tion 229(b) of the Social Security Act (42 U.S.C. 
429(b)); and recreation and welfare; $5,171,220,000, of 
which $1,204,000,000 shall be for defense-related activi-
ties; of which $24,500,000 shall be derived from the Oil 
Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990; and 
of which not to exceed $3,000 shall be for official recep-
tion and representation expenses: Provided, That none of 
the funds appropriated by this or any other Act shall be
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available for administrative expenses in connection with 
shipping commissioners in the United States: Provided 
further, That none of the funds provided by this Act shall 
be available for expenses incurred for yacht documenta-
tion under section 12109 of title 46, United States Code, 
except to the extent fees are collected from yacht owners 
and credited to this appropriation: Provided further, That 
notwithstanding
section
1116(c)
of
title
10,
United 
States Code, amounts made available under this heading 
may be used to make payments into the Department of 
Defense Medicare-Eligible Retiree Health Care Fund for 
fiscal year 2005 under section 1116(a) of such title. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the Coast 
Guard’s environmental compliance and restoration func-
tions under chapter 19 of title 14, United States Code, 
$17,000,000, to remain available until expended. 
RESERVE TRAINING 
For necessary expenses of the Coast Guard Reserve, 
as authorized by law; operations and maintenance of the 
reserve program; personnel and training costs; and equip-
ment and services; $113,000,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore
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facilities, vessels, and aircraft, including equipment re-
lated thereto; and maintenance, rehabilitation, lease and 
operation of facilities and equipment, as authorized by 
law, $936,550,000, of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990; of which $19,750,000 shall be available until 
September 30, 2009, to acquire, repair, renovate, or im-
prove vessels, small boats, and related equipment; of 
which $1,800,000 shall be available until September 30, 
2009,
to
increase
aviation
capability;
of
which 
$138,000,000 shall be available until September 30, 
2007, for other equipment; of which $5,000,000 shall be 
available until September 30, 2007, for shore facilities 
and aids to navigation of which $73,000,000 shall be 
available until September 30, 2006, for personnel com-
pensation and benefits and related costs; and of which 
$679,000,000 shall be available until September 30, 
2009, for the Integrated Deepwater Systems program: 
Provided, That the Secretary of Homeland Security shall 
submit to the Congress, in conjunction with the Presi-
dent’s fiscal year 2006 budget, a new Deepwater baseline 
that identifies revised acquisition timelines for each asset 
contained in the Deepwater program; a timeline and de-
tailed justification for each new asset that is determined
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to be necessary to fulfill homeland and national security 
functions or multi-agency procurements as identified by 
the Joint Requirements Council; a detailed description of 
the revised mission requirements and their corresponding 
impact on the Deepwater program’s acquisition timeline; 
and funding levels for each asset, whether new or con-
tinuing: Provided further, That the Secretary shall annu-
ally submit to the Congress, at the time that the Presi-
dent’s budget is submitted under section 1105(a) of title 
31, a future-years capital investment plan for the Coast 
Guard that identifies for each capital budget line item— 
(1) the proposed appropriation included in that 
budget; 
(2) the total estimated cost of completion; 
(3) projected funding levels for each fiscal year 
for the next five fiscal years or until project comple-
tion, whichever is earlier; 
(4) an estimated completion date at the pro-
jected funding levels; and 
(5) changes, if any, in the total estimated cost 
of completion or estimated completion date from 
previous future-years capital investment plans sub-
mitted to the Congress: 
Provided further, That the Secretary shall ensure that 
amounts specified in the future-years capital investment
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plan are consistent to the maximum extent practicable 
with proposed appropriations necessary to support the 
programs, projects, and activities of the Coast Guard in 
the President’s budget as submitted under section 1105(a) 
of title 31 for that fiscal year: Provided further, That any 
inconsistencies between the capital investment plan and 
proposed appropriations shall be identified and justified. 
In addition, of the funds appropriated under this heading 
in
Public
Law
108–90
and
Public
Law
108–7, 
$33,000,000 are rescinded. 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of 
obstructive bridges, $16,400,000, to remain available 
until expended. 
RETIRED PAY 
For retired pay, including the payment of obliga-
tions otherwise chargeable to lapsed appropriations for 
this purpose, payments under the Retired Serviceman’s 
Family Protection and Survivor Benefits Plans, payment 
for career status bonuses under the National Defense Au-
thorization Act, and payments for medical care of retired 
personnel and their dependents under chapter 55 of title 
10, United States Code, $1,085,460,000.
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UNITED STATES SECRET SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the United States Secret 
Service, including purchase of not to exceed 610 vehicles 
for police-type use, which shall be for replacement only, 
and hire of passenger motor vehicles; purchase of Amer-
ican-made motorcycles; hire of aircraft; services of expert 
witnesses at such rates as may be determined by the Di-
rector; rental of buildings in the District of Columbia, 
and fencing, lighting, guard booths, and other facilities 
on private or other property not in Government owner-
ship or control, as may be necessary to perform protec-
tive functions; payment of per diem or subsistence allow-
ances to employees where a protective assignment during 
the actual day or days of the visit of a protectee requires 
an employee to work 16 hours per day or to remain over-
night at his or her post of duty; conduct of and participa-
tion in firearms matches; presentation of awards; travel 
of Secret Service employees on protective missions with-
out regard to the limitations on such expenditures in this 
or any other Act if approval is obtained in advance from 
the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; 
grants to conduct behavioral research in support of pro-
tective research and operations; and payment in advance
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for commercial accommodations as may be necessary to 
perform protective functions; $1,179,125,000, of which 
not to exceed $30,000 shall be for official reception and 
representation expenses; of which not to exceed $100,000 
shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit in-
vestigations; of which $2,100,000 shall be for forensic 
and related support of investigations of missing and ex-
ploited children; and of which $5,000,000 shall be a 
grant for activities related to the investigations of ex-
ploited children and shall remain available until ex-
pended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 
30,
2006:
Provided
further,
That
not
less
than 
$10,000,000 for the costs of planning, preparing for, and 
conducting security operations for National Special Secu-
rity Events shall be available until September 30, 2006: 
Provided further, That the United States Secret Service 
is authorized to obligate funds in anticipation of reim-
bursements from agencies and entities, as defined in sec-
tion 105 of title 5, United States Code, receiving training 
sponsored by the James J. Rowley Training Center, ex-
cept that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available under 
this heading at the end of the fiscal year.
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ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 
RELATED EXPENSES 
For necessary expenses for acquisition, construction, 
repair,
alteration,
and
improvement
of
facilities, 
$3,633,000, to remain available until expended. 
TITLE III—PREPAREDNESS AND RECOVERY 
OFFICE FOR STATE AND LOCAL GOVERNMENT 
COORDINATION AND PREPAREDNESS 
SALARIES AND EXPENSES 
For necessary expenses for the Office for State and 
Local Government Coordination and Preparedness, as au-
thorized by sections 430 and 801 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 238 and 361), $41,432,000: 
Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses. 
STATE AND LOCAL PROGRAMS 
For grants, contracts, cooperative agreements, and 
other activities, including grants to State and local govern-
ments for terrorism prevention activities, $3,423,900,000, 
which shall be allocated as follows: 
(1) $1,250,000,000 for formula-based grants 
and $500,000,000 for law enforcement terrorism 
prevention grants pursuant to section 1014 of the 
USA PATRIOT Act of 2001 (42 U.S.C. 3714): Pro-
vided, That the application for grants shall be made 
available to States within 45 days after enactment
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of this Act; that States shall submit applications 
within 30 days after the grant announcement; and 
that the Office for State and Local Government Co-
ordination and Preparedness shall act within 15 
days after receipt of an application: Provided further, 
That each State shall obligate not less than 80 per-
cent of the total amount of the grant to local govern-
ments within 60 days after the grant award; 
(2) $1,000,000,000 for discretionary grants for 
use in high-threat, high-density urban areas and for 
rail and transit security, as determined by the Sec-
retary of Homeland Security: Provided, That not 
less than 80 percent of any grant to a State shall 
be made available by the State to local governments 
within 60 days after their receipt of the funds: Pro-
vided further, That section 1014(c)(3) of the USA 
PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 
not apply to these grants: Provided further, That of 
the funds provided, not less than $100,000,000 shall 
be used for rail and transit security grants; 
(3) $170,000,000 for emergency management 
performance grants pursuant to section 1014 of the 
USA PATRIOT Act of 2001 (42 U.S.C. 3714), as 
authorized by the National Flood Insurance Act of 
1968 and the Flood Disaster Protection Act of 1973
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(42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Re-
ductions Act of 1977 (42 U.S.C. 7701 et seq.), and 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App): 
Provided, That total administrative costs shall not 
exceed 3 percent of the total appropriation; and 
(4)
$125,000,000
for
port
security
grants, 
which shall be distributed under the same terms and 
conditions as provided for under Public Law 107– 
117: Provided, That section 1014(c)(3) of the USA 
PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall 
not apply to these grants: 
Provided, That except for port security grants under para-
graph (4) of this heading, none of the funds appropriated 
under this heading shall be used for construction or ren-
ovation of facilities: Provided further, That funds appro-
priated for law enforcement terrorism prevention grants 
under paragraph (1) and discretionary grants under para-
graph (2) of this heading shall be available for operational 
costs, to include personnel overtime and overtime associ-
ated with Office for State and Local Government Coordi-
nation and Preparedness certified training, as needed: 
Provided further, That grantees shall provide reports on 
their use of funds, as deemed necessary by the Secretary
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of Homeland Security: Provided further, That the Office 
for State and Local Government Coordination and Pre-
paredness shall complete the development of mission es-
sential tasks by July 31, 2004; the fiscal year 2005 State 
grant guidance shall include instructions for the comple-
tion of State baseline assessments; a Federal response ca-
pabilities inventory shall be completed by March 15, 2005; 
and the Office for State and Local Government Coordina-
tion and Preparedness shall provide quarterly reports to 
the Committees on Appropriations of the Senate and the 
House of Representatives on the implementation of Home-
land Security Presidential Directive-8, beginning October 
1, 2004. 
FIREFIGHTER ASSISTANCE GRANTS 
For necessary expenses for programs authorized by 
section 33 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229), $600,000,000 (increased by 
$50,000,000, which increase is available for grants under 
section 34 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229a)), to remain available until Sep-
tember 30, 2006: Provided, That not to exceed 5 percent 
of this amount shall be available for program administra-
tion. 
COUNTERTERRORISM FUND 
For necessary expenses, as determined by the Sec-
retary of Homeland Security, to reimburse any Federal
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agency for the costs of providing support to counter, in-
vestigate, or respond to unexpected threats or acts of ter-
rorism, including payment of rewards in connection with 
these activities, $10,000,000, to remain available until 
expended: Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the 
House of Representatives 15 days prior to the obligation 
of any amount of these funds in accordance with section 
503 of this Act. 
EMERGENCY PREPAREDNESS AND RESPONSE 
OFFICE OF THE UNDER SECRETARY FOR EMERGENCY 
PREPAREDNESS AND RESPONSE 
For necessary expenses for the Office of the Under 
Secretary for Emergency Preparedness and Response, as 
authorized by section 502 of the Homeland Security Act 
of 2002 (6 U.S.C. 312), $4,211,000. 
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY 
For necessary expenses for preparedness, mitigation, 
response, and recovery activities of the Emergency Pre-
paredness and Response Directorate, $210,499,000, in-
cluding activities authorized by the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4011 et seq.), the Flood 
Disaster Protection Act of 1973 (42 U.S.C. 4001 et 
seq.), the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.), the 
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
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7701 et seq.), the Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Pro-
duction Act of 1950 (50 U.S.C. App. 2061 et seq.), sec-
tions 107 and 303 of the National Security Act of 1947 
(50 U.S.C. 404, 405, 411), Reorganization Plan No. 3 of 
1978 (5 U.S.C. App.), and the Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.). 
ADMINISTRATIVE AND REGIONAL OPERATIONS 
For necessary expenses for administrative and re-
gional operations of the Emergency Preparedness and 
Response Directorate, $203,939,000, including activities 
authorized by the National Flood Insurance Act of 1968 
(42 U.S.C. 4011 et seq.), the Flood Disaster Protection 
Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), the Earthquake Hazards Re-
duction Act of 1977 (42 U.S.C. 7701 et seq.), the Fed-
eral Fire Prevention and Control Act of 1974 (15 U.S.C. 
2201 et seq.), the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.), sections 107 and 303 of the 
National Security Act of 1947 (50 U.S.C. 404, 405, 
411), Reorganization Plan No. 3 of 1978 (5 U.S.C. 
App.), and the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.): Provided, That not to exceed $4,000 shall 
be for official reception and representation expenses.
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PUBLIC HEALTH PROGRAMS 
For necessary expenses for countering potential bio-
logical, disease, and chemical threats to civilian popu-
lations, $34,000,000. 
DISASTER RELIEF 
For necessary expenses in carrying out the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), $2,042,380,000, to remain 
available until expended. 
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT 
For administrative expenses to carry out the direct 
loan program, as authorized by section 319 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5162), $567,000: Provided, That gross 
obligations for the principal amount of direct loans shall 
not exceed $25,000,000: Provided further, That the cost 
of modifying such loans shall be as defined in section 502 
of the Congressional Budget Act of 1974 (2 U.S.C. 
661a). 
FLOOD MAP MODERNIZATION FUND 
For necessary expenses pursuant to section 1360 of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), $150,000,000, and such additional sums as may 
be provided by State and local governments or other po-
litical subdivisions for cost-shared mapping activities 
under section 1360(f)(2) of such Act, to remain available
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until expended: Provided, That total administrative costs 
shall not exceed 3 percent of the total appropriation. 
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 
The aggregate charges assessed during fiscal year 
2005, as authorized by the Energy and Water Develop-
ment Appropriations Act, 2001 (as enacted into law by 
Public Law 106–377), shall not be less than 100 percent 
of the amounts anticipated by the Department of Home-
land Security necessary for its radiological emergency 
preparedness program for the next fiscal year: Provided, 
That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of 
providing such services, including administrative costs of 
collecting such fees: Provided further, That fees received 
under this heading shall be deposited in this account as 
offsetting collections and will become available for au-
thorized purposes on October 1, 2005, and remain avail-
able until expended. 
NATIONAL FLOOD INSURANCE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For activities under the National Flood Insurance 
Act of 1968 (42 U.S.C. 4011 et seq.), and the Flood Dis-
aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
not to exceed $33,336,000 for salaries and expenses asso-
ciated with flood mitigation and flood insurance oper-
ations; and not to exceed $79,257,000 for flood hazard
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mitigation, to remain available until September 30, 2006, 
including up to $20,000,000 for expenses under section 
1366 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c), which amount shall be available for trans-
fer to the National Flood Mitigation Fund until Sep-
tember 30, 2006, and which amount shall be derived 
from offsetting collections assessed and collected pursu-
ant to section 1307 of that Act (42 U.S.C. 4014), and 
shall be retained and used for necessary expenses under 
this heading: Provided, That in fiscal year 2005, no 
funds in excess of: (1) $55,000,000 for operating ex-
penses; (2) $562,881,000 for agents’ commissions and 
taxes; and (3) $30,000,000 for interest on Treasury bor-
rowings shall be available from the National Flood Insur-
ance Fund. 
NATIONAL FLOOD MITIGATION FUND 
(INCLUDING TRANSFER OF FUNDS) 
Notwithstanding subparagraphs (B) and (C) of sub-
section (b)(3), and subsection (f), of section 1366 of the 
National
Flood
Insurance
Act
of
1968
(42
U.S.C. 
4104c), $20,000,000, to remain available until September 
30, 2006, for activities designed to reduce the risk of 
flood damage to structures pursuant to such Act, of 
which $20,000,000 shall be derived from the National 
Flood Insurance Fund.
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NATIONAL PRE-DISASTER MITIGATION FUND 
For a pre-disaster mitigation grant program pursu-
ant to title II of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5131 et seq.), 
$100,000,000, to remain available until expended: Pro-
vided, That grants made for pre-disaster mitigation shall 
be awarded on a competitive basis subject to the criteria 
in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro-
vided further, That total administrative costs shall not ex-
ceed 3 percent of the total appropriation. 
EMERGENCY FOOD AND SHELTER 
To carry out an emergency food and shelter program 
pursuant to title III of the Stewart B. McKinney Home-
less
Assistance
Act
(42
U.S.C.
11331
et
seq.), 
$153,000,000, to remain available until expended: Pro-
vided, That total administrative costs shall not exceed 3.5 
percent of the total appropriation. 
TITLE IV—RESEARCH AND DEVELOPMENT, 
TRAINING, ASSESSMENTS, AND SERVICES 
CITIZENSHIP AND IMMIGRATION SERVICES 
For necessary expenses for citizenship and immigra-
tion services, $160,000,000. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforce-
ment Training Center, including materials and support
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costs of Federal law enforcement basic training; purchase 
of not to exceed 117 vehicles for police-type use and hire 
of passenger motor vehicles; expenses for student athletic 
and related activities; the conduct of and participation in 
firearms matches and presentation of awards; public 
awareness and enhancement of community support of law 
enforcement training; room and board for student in-
terns; a flat monthly reimbursement to employees author-
ized to use personal cell phones for official duties; and 
services as authorized by section 3109 of title 5, United 
States Code, $183,440,000, of which up to $36,174,000 
for materials and support costs of Federal law enforce-
ment basic training shall remain available until Sep-
tember 30, 2006; and of which not to exceed $12,000 
shall be for official reception and representation expenses: 
Provided, That the Center is authorized to obligate funds 
in anticipation of reimbursements from agencies receiving 
training sponsored by the Center, except that total obli-
gations at the end of the fiscal year shall not exceed total 
budgetary resources available at the end of the fiscal 
year. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 
RELATED EXPENSES 
For acquisition of necessary additional real property 
and facilities, construction, and ongoing maintenance, fa-
cility improvements, and related expenses of the Federal
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Law Enforcement Training Center, $37,917,000, to re-
main available until expended: Provided, That the Center 
is authorized to accept reimbursement to this appropria-
tion from government agencies requesting the construc-
tion of special use facilities. 
INFORMATION ANALYSIS AND INFRASTRUCTURE 
PROTECTION 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the immediate Office of 
the Under Secretary for Information Analysis and Infra-
structure Protection and for management and adminis-
tration of programs and activities, as authorized by title 
II of the Homeland Security Act of 2002 (6 U.S.C. 121 
et seq.), $132,064,000: Provided, That not to exceed 
$5,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount pro-
vided under this heading, $5,000,000 shall be for the 
Under Secretary to prepare an analysis of requiring key 
resources and critical infrastructure to provide informa-
tion related to actual and potential vulnerabilities to en-
sure that the Department has timely and efficient access 
to such information, as authorized by section 201(d) of 
such Act (6 U.S.C. 121(d)). 
ASSESSMENTS AND EVALUATIONS 
For necessary expenses for information analysis and 
infrastructure protection, as authorized by title II of the
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Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$722,512,000, to remain available until September 30, 
2006. 
SCIENCE AND TECHNOLOGY 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the immediate Office of 
the Under Secretary for Science and Technology and for 
management and administration of programs and activi-
ties, as authorized by title III of the Homeland Security 
Act of 2002 (6 U.S.C. 181 et seq.), $68,586,000: Pro-
vided, That not to exceed $3,000 shall be for official re-
ception and representation expenses. 
RESEARCH, DEVELOPMENT, ACQUISITION AND 
OPERATIONS 
For necessary expenses for science and technology 
research, including advanced research projects; develop-
ment; test and evaluation; acquisition; and operations; as 
authorized by title III of the Homeland Security Act of 
2002 (6 U.S.C. 181 et seq.), $1,063,713,000, to remain 
available until expended. 
TITLE V—GENERAL PROVISIONS 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 501. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein.
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SEC. 502. Subject to the requirements of section 
503 of this Act, the unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for 
as one fund for the same time period as originally en-
acted. 
SEC. 503 (a) None of the funds provided by this 
Act, provided by previous appropriation Acts to the agen-
cies in or transferred to the Department of Homeland 
Security that remain available for obligation or expendi-
ture in fiscal year 2005, or provided from any accounts 
in the Treasury of the United States derived by the col-
lection of fees available to the agencies funded by this 
Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates a 
new program; (2) eliminates a program, project, or activ-
ity; (3) increases funds for any program, project, or ac-
tivity for which funds have been denied or restricted by 
the Congress; or (4) proposes to use funds directed for 
a specific activity by either the House or Senate Commit-
tees on Appropriations for a different purpose; unless 
both Committees on Appropriations of the Senate and
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the House of Representatives are notified 15 days in ad-
vance of such reprogramming of funds. 
(b) None of the funds provided by this Act, provided 
by previous appropriation Acts to the agencies in or 
transferred to the Department of Homeland Security that 
remain available for obligation or expenditure in fiscal 
year 2005, or provided from any accounts in the Treas-
ury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure for programs, 
projects, or activities through a reprogramming of funds 
in excess of $5,000,000 or 10 percent, whichever is less, 
that: (1) augments existing programs, projects, or activi-
ties; (2) reduces by 10 percent funding for any existing 
program, project, or activity, or numbers of personnel by 
10 percent as approved by the Congress; or (3) results 
from any general savings from a reduction in personnel 
that would result in a change in existing programs, 
projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the 
House of Representatives are notified 15 days in advance 
of such reprogramming of funds. 
(c) Not to exceed 5 percent of any appropriation 
made available for the current fiscal year for the Depart-
ment of Homeland Security by this Act or provided by
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previous appropriation Acts may be transferred between 
such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more 
than 10 percent by such transfers: Provided, That any 
transfer under this subsection shall be treated as a re-
programming of funds under subsection (b) and shall not 
be available for obligation unless the Committees on Ap-
propriations of the Senate and the House of Representa-
tives are notified 15 days in advance of such transfer. 
SEC. 504. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2005 from 
appropriations for salaries and expenses for fiscal year 
2005 in this Act shall remain available through Sep-
tember 30, 2006, in the account and for the purposes for 
which the appropriations were provided: Provided, That 
prior to the obligation of such funds, a request shall be 
submitted to the Committees on Appropriations of the 
Senate and the House of Representatives for approval in 
accordance with section 503 of this Act. 
SEC. 505. Funds made available by this Act for in-
telligence activities are deemed to be specifically author-
ized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during
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fiscal year 2005 until the enactment of an Act author-
izing intelligence activities for fiscal year 2005. 
SEC. 506. The Federal Law Enforcement Training 
Center shall establish an accrediting body, to include rep-
resentatives from the Federal law enforcement commu-
nity and non-Federal accreditation experts involved in 
law enforcement training, to establish standards for 
measuring and assessing the quality and effectiveness of 
Federal law enforcement training programs, facilities, 
and instructors. 
SEC. 507. None of the funds in this Act may be 
used to make a grant unless the Secretary of Homeland 
Security notifies the Committees on Appropriations of the 
Senate and the House of Representatives not less than 
3 full business days before any grant allocation, discre-
tionary
grant
award,
or
letter
of
intent
totaling 
$1,000,000 or more is announced by the Department or 
its directorates from: (1) any discretionary or formula- 
based grant program of the Office for State and Local 
Government Coordination and Preparedness; (2) any let-
ter of intent from the Transportation Security Adminis-
tration; (3) any port security grant; or (4) awards for 
Homeland Security Centers of Excellence: Provided, That 
no notification shall involve funds that are not available 
for obligation.
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SEC. 508. Notwithstanding any other provision of 
law, no agency shall purchase, construct, or lease any ad-
ditional facilities, except within or contiguous to existing 
locations, to be used for the purpose of conducting Fed-
eral law enforcement training without the advance ap-
proval of the Committees on Appropriations of the Senate 
and the House of Representatives, except that the Fed-
eral Law Enforcement Training Center is authorized to 
obtain the temporary use of additional facilities by lease, 
contract, or other agreement for training which cannot be 
accommodated in existing Center facilities. 
SEC. 509. The Director of the Federal Law Enforce-
ment Training Center shall ensure that all training facili-
ties under the control of the Center are operated at opti-
mal capacity throughout the fiscal year. 
SEC. 510. None of the funds appropriated or other-
wise made available by this Act may be used for expenses 
of any construction, repair, alteration, and acquisition 
project for which a prospectus, if required by the Public 
Buildings Act of 1959, has not been approved, except 
that necessary funds may be expended for each project 
for required expenses for the development of a proposed 
prospectus. 
SEC. 511. None of the funds appropriated or other-
wise made available by this Act shall be used to pursue
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or adopt guidelines or regulations requiring airport spon-
sors to provide to the Transportation Security Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to aviation security: Pro-
vided, That the prohibition of funds in this section does 
not apply to— 
(1) negotiations between the agency and airport 
sponsors to achieve agreement on ‘‘below-market’’ 
rates for these items; or 
(2) space for necessary security checkpoints. 
SEC. 512. None of the funds in this Act may be used 
in contravention of the applicable provisions of the Buy 
American Act (41 U.S.C. 10a et seq.). 
SEC. 513. The Secretary of Homeland Security is di-
rected to research, develop, and procure certified systems 
to inspect and screen air cargo on passenger aircraft at 
the earliest date possible: Provided, That until such tech-
nology is procured and installed, the Secretary shall take 
all possible actions to enhance the known shipper pro-
gram to prohibit high-risk cargo from being transported 
on passenger aircraft: Provided further, That the Sec-
retary shall amend Security Directives and programs in 
effect on the date of enactment of this Act to, at a min-
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imum, double the percentage of cargo inspected on pas-
senger aircraft. 
SEC. 514. (a) ESTABLISHMENT OF CHIEF PROCURE-
MENT OFFICER.—The Homeland Security Act of 2002 is 
amended as follows: 
(1) In section 103(d) (6 U.S.C. 113(d)), by re-
designating paragraph (5) as paragraph (6) and in-
serting after paragraph (4) the following: 
‘‘(5) A Chief Procurement Officer.’’. 
(2) By redesignating sections 705 through 706 
(6
U.S.C.
345–346)
in
order
as
sections
706 
through 707, and by inserting after section 704 the 
following: 
‘‘SEC. 705. CHIEF PROCUREMENT OFFICER. 
‘‘The Chief Procurement Officer appointed under sec-
tion 103(d)(5) shall report to the Secretary.’’. 
(3) In the table of contents in section 1(b), by 
striking the items relating to sections 705 through 
706 and inserting the following: 
‘‘Sec. 705. Chief Procurement Officer. 
‘‘Sec. 706. Establishment of Officer for Civil Rights and Civil Liberties. 
‘‘Sec. 707. Consolidation and co-location of offices.’’. 
(b) REPORTING BY CHIEF FINANCIAL OFFICER AND 
CHIEF INFORMATION OFFICER.—Sections 702 and 703 of 
the Homeland Security Act of 2002 (6 U.S.C. 342, 343) 
are amended by striking ‘‘, or to another official of the
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Department, as the Secretary may direct’’ each place it 
appears. 
SEC. 515. The Commandant of the Coast Guard shall 
provide to the Congress each year, at the time that the 
President’s budget is submitted under section 1105(a) of 
title 31, United States Code, a list of approved but un-
funded Coast Guard priorities and the funds needed for 
each such priority in the same manner and with the same 
contents as the unfunded priorities lists submitted by the 
chiefs of other Armed Services. 
SEC. 516. (a) IN GENERAL.—Chapter 449 of title 49, 
United States Code, is amended by inserting after section 
44944 the following new section: 
‘‘§ 44945. Disposition of unclaimed money 
‘‘Notwithstanding section 3302 of title 31, unclaimed 
money recovered at any airport security checkpoint shall 
be retained by the Transportation Security Administration 
and shall remain available until expended for the purpose 
of providing civil aviation security as required in this chap-
ter.’’. 
(b) ANNUAL REPORT.—Not later than 180 days after 
the date of enactment of this Act and annually thereafter, 
the Administrator of the Transportation Security Admin-
istration shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives,
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the Committee on Appropriations of the House of Rep-
resentatives, the Committee on Commerce, Science and 
Transportation of the Senate and the Committee on Ap-
propriations of the Senate, a report that contains a de-
tailed description of the amount of unclaimed money re-
covered in total and at each individual airport, and specifi-
cally how the unclaimed money is being used to provide 
civil aviation security. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 449 of title 49, United States Code, is amended by 
adding the following new item after the item relating to 
section 44944: 
‘‘44945. Disposition of unclaimed money.’’. 
SEC. 517. Notwithstanding section 3302 of title 31, 
United States Code, the Administrator of the Transpor-
tation Security Administration may impose a reasonable 
charge for the lease of real and personal property to 
Transportation Security Administration employees and for 
the lease of real and personal property for use by Trans-
portation Security Administration employees and may 
credit amounts received to the appropriation or fund ini-
tially charged for operating and maintaining the property, 
which amounts shall be available, without fiscal year limi-
tation, for expenditure for property management, oper-
ation, protection, construction, repair, alteration, and re-
lated activities.
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SEC. 518. The acquisition management system of the 
Transportation Security Administration shall apply to the 
acquisition of services, as well as equipment, supplies, and 
materials. 
SEC. 519. Notwithstanding any other provision of 
law, the authority of the Office of Personnel Management 
to conduct personnel security and suitability background 
investigations, update investigations, and periodic reinves-
tigations of applicants for, or appointees in, competitive 
service positions within the Department of Homeland Se-
curity is transferred to the Department of Homeland Se-
curity: Provided, That on request of the Department of 
Homeland Security, the Office of Personnel Management 
shall cooperate with and assist the Department in any in-
vestigation or reinvestigation under this section. 
SEC. 520. Section 312(g) of the Homeland Security 
Act of 2002 (6 U.S.C. 192(g)) is amended to read as fol-
lows: 
‘‘(g) TERMINATION.—The Homeland Security Insti-
tute shall terminate 5 years after its establishment.’’. 
SEC. 521. Section 311(c)(2) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 191(c)(2)) is amended to read 
as follows: 
‘‘(2) ORIGINAL APPOINTMENTS.—The original 
members of the Advisory Committee shall be ap-
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pointed to three classes. One class of six shall have 
a term of 1 year, one class of seven a term of 2 
years, and one class of seven a term of 3 years.’’. 
SEC. 522. Notwithstanding any other provision of 
law, funds appropriated under paragraphs (1) and (2) of 
the State and Local Programs heading under title III of 
this Act are exempt from section 6503(a) of title 31, 
United States Code. 
SEC. 523. None of the funds in this or previous Ap-
propriations Acts may be obligated for deployment or im-
plementation, on other than a test basis, of the Computer 
Assisted Passenger Prescreening System (CAPPS II) 
until the Secretary of Homeland Security has certified 
that the requirements of paragraphs (1) through (8) of 
subsection (a), and the requirements of subsection (b), of 
section 519 of Public Law 108–90 have been met. 
SEC. 524. CLARIFICATION OF PROHIBITION ON CON-
TRACTING WITH FOREIGN INCORPORATED ENTITIES.— 
Section 835 of the Homeland Security Act of 2002 (Public 
Law 107–296; 6 U.S.C. 395) is amended— 
(1) in subsection (a), by inserting before the pe-
riod ‘‘, or any subsidiary of such an entity’’; 
(2) in subsection (b)(1), by inserting ‘‘before, 
on, or’’ after the ‘‘completes’’;
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(3) in subsection (c)(1)(B), by striking ‘‘which 
is after the date of enactment of this Act and’’; and 
(4) in subsection (d), by striking ‘‘homeland’’ 
and inserting ‘‘national’’. 
SEC. 525. The amounts otherwise provided by this 
Act are revised by reducing the amount made available 
under title I for ‘‘OFFICE OF THE UNDER SECRETARY 
FOR MANAGEMENT’’ and by increasing the amount made 
available under title III for ‘‘FIREFIGHTER ASSISTANCE 
GRANTS’’, both by $50,000,000, and of the amounts ap-
propriated
for
‘‘FIREFIGHTER
ASSISTANCE
GRANTS’’ 
$50,000,000 is available for grants under section 34 of 
the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229a). 
SEC. 526. None of the funds made available in this 
Act may be used to amend the oath of allegiance required 
by section 337 of the Immigration and Nationality Act 
(8 U.S.C. 1448). 
SEC. 527. None of the funds appropriated by this Act 
may be used to process or approve a competition under 
Office of Management and Budget Circular A–76 for serv-
ices provided as of June 1, 2004, by employees (including 
employees serving on a temporary or term basis) of the 
Bureau of Citizenship and Immigration Services of the 
Department of Homeland Security who are known as of
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that date as Immigration Information Officers, Contact 
Representatives, or Investigative Assistants. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2005’’. 
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: 
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,
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$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 
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.
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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-
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
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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 
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
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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 
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
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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 
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.
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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 
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
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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. 
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.
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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 
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
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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 
$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
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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-
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;
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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-
partment of Homeland Security shall transfer to the Gov-
ernment Accountability Office from appropriations avail-
able for administration expenses of the Transportation Se-
curity Administration, the amount requested by the Comp-
troller 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 Secu-
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rity Administration to the Committees on Appropriations 
of the Senate and House of Representatives: Provided fur-
ther, That the Comptroller General shall credit funds trans-
ferred under the authority of the preceding proviso to the 
account established for salaries and expenses of the Govern-
ment Accountability Office, and such amount shall be avail-
able upon receipt and without fiscal year limitation to 
cover the full costs of the review and report: Provided fur-
ther, That any funds transferred and credited under the au-
thority 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 Administra-
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
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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 
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.
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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) 
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
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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, 
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
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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-
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-
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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-
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
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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-
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
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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-
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-
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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. 
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.
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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 
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
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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; 
(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
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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-
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
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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. 
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-
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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-
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
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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 
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,
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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-
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.
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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). 
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
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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) 
$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
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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.), 
$153,000,000, to remain available until expended: Pro-
vided, That total administrative costs shall not exceed 3.5 
percent of the total appropriation.
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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 
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-
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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-
ized by title II of the Homeland Security Act of 2002 (6 
U.S.C. 121 et seq.), $157,064,000.
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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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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
HR 4567 PP 
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 PP 
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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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-
HR 4567 PP 
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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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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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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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 PP 
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. Notwithstanding any other provisions of this 
Act, 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. 
This section shall take effect one day after the date of 
the bill’s enactment. 
SEC. 516. 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).
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SEC. 517. 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. 518. (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 
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
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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 
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. 519. (a) The total amount appropriated under 
the heading ‘‘CUSTOMS AND BORDER PROTECTION, SALA-
RIES AND EXPENSES’’ is hereby increased by $150,000,000.
HR 4567 PP 
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 
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.
HR 4567 PP 
(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. 520. 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. 521. (a) The Secretary of Homeland Security, in 
consultation with the Secretary of Transportation, shall— 
(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
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(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. 522. (a) Not later than 180 days after the end 
of fiscal year 2005, the Secretary of Homeland Security 
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;
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(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. 523. Section 835 of the Homeland Security Act 
of 2002 (Public Law 107-296; 6 U.S.C. 395) is amended— 
(1) in subsection (a), by inserting before the pe-
riod ‘‘, or any subsidiary of such an entity’’; 
(2) in subsection (b)(1), by inserting ‘‘before, on, 
or’’ after the ‘‘completes’’; 
(3) in subsection (c)(1)(B), by striking ‘‘which is 
after the date of enactment of this Act and’’; and 
(4) in subsection (d), by striking ‘‘homeland’’ 
and inserting ‘‘national’’. 
SEC. 524. 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
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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. 525. (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— 
(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
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(4) the timeline for creating the Department- 
wide Geospatial Information System capability under 
the direction of the Chief Information Officer. 
SEC. 526. 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. 527. 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-
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.
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SEC. 528. (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. 
(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
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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. 529. 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. 
SEC. 530. (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
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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. 
(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.
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(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— 
(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.
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(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-
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. 531. 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
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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. 532. 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-
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.
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(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 
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.
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(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-
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. 533. (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
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This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2005’’. 
Passed the House of Representatives June 18, 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate September 14, 2004. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.