Department of Homeland Security Appropriations Act, 2005
PL 108-334 (H.R.4567), enacted 10/18/2004

118 STAT. 1298
PUBLIC LAW 108–334—OCT. 18, 2004
Public Law 108–334
108th Congress
An Act
Making appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the Department of Homeland Secu-
rity for the fiscal year ending September 30, 2005, and for other
purposes, namely:
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security
Act of 2002 (6 U.S.C. 112), and executive management of the
Department of Homeland Security, as authorized by law,
$85,034,000: Provided, That not to exceed $40,000 shall be for
official reception and representation expenses.
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701–705 of the Home-
land Security Act of 2002 (6 U.S.C. 341–345), $151,153,000: Pro-
vided, That not to exceed $3,000 shall be for official reception
and representation expenses: Provided further, That of the total
amount provided, $65,081,000 shall remain available until expended
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department head-
quarters operations.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $13,000,000.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), and Department-wide technology invest-
ments, $275,270,000; of which $67,270,000 shall be available for
salaries and expenses; and of which $208,000,000 shall be available
Department of
Homeland
Security
Appropriations
Act, 2005.
Oct. 18, 2004
[H.R. 4567]
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118 STAT. 1299
PUBLIC LAW 108–334—OCT. 18, 2004
for development and acquisition of information technology equip-
ment, software, services, and related activities for the Department
of Homeland Security, and for the costs of conversion to narrowband
communications, including the cost for operation of the land mobile
radio legacy systems, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support
or supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or the
Automated Commercial Environment.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $82,317,000, of which not to exceed $100,000 may
be used for certain confidential operational expenses, including
the payment of informants, to be expended at the direction of
the Inspector General.
TITLE II—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
BORDER AND TRANSPORTATION SECURITY
OFFICE OF THE UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Under Secretary
for Border and Transportation Security, as authorized by subtitle
A of title IV of the Homeland Security Act of 2002 (6 U.S.C.
201 et seq.), $9,617,000: Provided, That not to exceed $3,000 shall
be for official reception and representation expenses.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR
TECHNOLOGY
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note),
$340,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, $254,000,000 may
not be obligated for the United States Visitor and Immigrant Status
Indicator Technology project until the Committees on Appropria-
tions of the Senate and the House of Representatives receive and
approve a plan for expenditure prepared by the Secretary of Home-
land Security that:
(1) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A–11, part 7;
(2) complies with the Department of Homeland Security
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the
Federal Government;
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118 STAT. 1300
PUBLIC LAW 108–334—OCT. 18, 2004
(4) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural inspections
and regulatory activities related to plant and animal imports;
acquisition, lease, maintenance and operation of aircraft; purchase
and lease of up to 4,500 (3,935 for replacement only) police-type
vehicles; and contracting with individuals for personal services
abroad; $4,534,119,000; of which $3,000,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 and
notwithstanding section 1511(e)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed $35,000 shall
be for official reception and representation expenses; of which not
less than $131,436,000 shall be for Air and Marine Operations;
of which not to exceed $156,162,000 shall remain available until
September 30, 2006, for inspection and surveillance technology,
unmanned aerial vehicles, and equipment for the Container Security
Initiative; of which such sums as become available in the Customs
User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; of which not
to exceed $150,000 shall be available for payment for rental space
in connection with preclearance operations; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Under Secretary
for Border and Transportation Security; and of which not to exceed
$5,000,000 shall be available for payments or advances arising
out of contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative activities
related to immigration: Provided, That for fiscal year 2005, the
aggregate overtime limitation prescribed in section 5(c)(1) of the
Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated in this Act may be available to compensate any
employee of the Bureau of Customs and Border Protection for
aggregate overtime and premium pay, from whatever source, in
an amount that exceeds such limitation, except in individual cases
determined by the Under Secretary for Border and Transportation
Security, or a designee, to be necessary for national security pur-
poses, to prevent excessive costs, or in cases of immigration emer-
gencies: Provided further, That of the total amount provided,
$12,725,000 shall be for activities to enforce laws against forced
child labor in fiscal year 2005, of which not to exceed $4,000,000
shall remain available until expended: Provided further, That none
of the funds appropriated in this Act may be obligated to construct
permanent Border Patrol checkpoints in the Bureau of Customs
and Border Protection’s Tucson sector: Provided further, That the
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118 STAT. 1301
PUBLIC LAW 108–334—OCT. 18, 2004
Commissioner, Bureau of Customs and Border Protection, is
directed to submit to the Committees on Appropriations of the
Senate and the House of Representatives a plan for expenditure
that includes location, design, costs, and benefits of each proposed
Tucson sector permanent checkpoint: Provided further, That the
Bureau of Customs and Border Protection shall relocate its tactical
checkpoints in the Tucson sector at least an average of once every
14 days in a manner designed to prevent persons subject to inspec-
tion from predicting the location of any such checkpoint.
In addition, of the funds appropriated under this heading in
chapter 6 of title I of Public Law 108–11 (117 Stat. 583), $63,010,000
are rescinded.
AUTOMATION MODERNIZATION
For expenses for customs and border protection automated
systems, $449,909,000, to remain available until expended, of which
not less than $321,690,000 shall be for the development of the
Automated Commercial Environment: Provided, That none of the
funds appropriated under this heading may be obligated for the
Automated Commercial Environment until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure prepared by the Under
Secretary for Border and Transportation Security that:
(1) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A–11, part 7;
(2) complies with the Department of Homeland Security’s
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the
Federal Government;
(4) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND
PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, and other related equip-
ment of the air and marine program, including operational training
and mission-related travel, and rental payments for facilities occu-
pied by the air or marine interdiction and demand reduction pro-
grams, the operations of which include the following: the interdic-
tion of narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and
at the discretion of the Under Secretary for Border and Transpor-
tation Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humani-
tarian efforts, $257,535,000, to remain available until expended:
Provided, That no aircraft or other related equipment, with the
exception of aircraft that are one of a kind and have been identified
as excess to Bureau of Customs and Border Protection requirements
and aircraft that have been damaged beyond repair, shall be trans-
ferred to any other Federal agency, department, or office outside
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118 STAT. 1302
PUBLIC LAW 108–334—OCT. 18, 2004
of the Department of Homeland Security during fiscal year 2005
without the prior approval of the Committees on Appropriations
of the Senate and the House of Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $91,718,000, to remain available until expended.
IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and pur-
chase and lease of up to 2,300 (2,000 for replacement only) police-
type vehicles, $2,438,494,000, of which not to exceed $5,000,000
shall be available until expended for conducting special operations
pursuant to section 3131 of the Customs Enforcement Act of 1986
(19 U.S.C. 2081); of which not to exceed $15,000 shall be for official
reception and representation expenses; of which not to exceed
$1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Under Secretary
for Border and Transportation Security; of which not less than
$102,000 shall be for promotion of public awareness of the child
pornography tipline; of which not less than $203,000 shall be for
Project Alert; and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That none of the funds appropriated shall
be available to compensate any employee for overtime in an annual
amount in excess of $35,000, except that the Under Secretary
for Border and Transportation Security may waive that amount
as necessary for national security purposes and in cases of immigra-
tion emergencies: Provided further, That of the total amount pro-
vided, $3,045,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2005, of which not to exceed
$2,000,000 shall remain available until expended.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$662,900,000.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this
account, not to exceed $478,000,000, shall be available until
expended for necessary expenses related to the protection of feder-
ally-owned and leased buildings and for the operations of the Fed-
eral Protective Service.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement automated
systems, $39,605,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading may be
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118 STAT. 1303
PUBLIC LAW 108–334—OCT. 18, 2004
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Under Secretary for Border and
Transportation Security that:
(1) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A–11, part 7;
(2) complies with the Department of Homeland Security
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the
Federal Government;
(4) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration
and enforcement of the laws relating to customs and immigration,
$26,179,000, to remain available until expended.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
For necessary expenses of the Transportation Security Adminis-
tration related to providing civil aviation security services pursuant
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597), $4,323,523,000, to remain available until
expended, of which not to exceed $3,000 shall be for official reception
and representation expenses: Provided, That of the total amount
provided under this heading, not to exceed $2,049,173,000 shall
be for passenger screening activities; not to exceed $1,452,460,000
shall be for baggage screening activities, of which $180,000,000
shall be available only for procurement of checked baggage explosive
detection systems and $45,000,000 shall be available only for
installation of checked baggage explosive detection systems; and
not to exceed $821,890,000 shall be for airport security direction
and enforcement presence: Provided further, That security service
fees authorized under section 44940 of title 49, United States Code,
shall be credited to this appropriation as offsetting collections:
Provided further, That, except as provided in the following proviso,
the sum herein appropriated from the General Fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections
are received during fiscal year 2005, so as to result in a final
fiscal year appropriation from the General Fund estimated at not
more than $2,500,523,000: Provided further, That the Government
Accountability Office shall review, using a methodology deemed
appropriate by the Comptroller General, the calendar year 2000
cost information for screening passengers and property pursuant
to section 44940(a)(2) of title 49, United States Code, of air carriers
and foreign air carriers engaged in air transportation and intrastate
air transportation and report the information within 6 months
of enactment of the Act but no earlier than March 31, 2005, to
the Committees on Appropriations of the Senate and House of
Reports.
Deadline.
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118 STAT. 1304
PUBLIC LAW 108–334—OCT. 18, 2004
Representatives; the House Transportation and Infrastructure Com-
mittee; and the Senate Committee on Commerce, Science, and
Transportation: Provided further, That the Comptroller General,
or any of the Comptroller General’s duly authorized representatives,
shall have access, for the purpose of reviewing such cost informa-
tion, to the personnel and to the books; accounts; documents; papers;
records (including electronic records); and automated data and files
of such air carriers, airport authorities, and their contractors; that
the Comptroller General deems relevant for purposes of reviewing
the information sought pursuant to the provisions of the preceding
proviso: Provided further, That the Comptroller General may obtain
and duplicate any such records, documents, working papers, auto-
mated data and files, or other information relevant to such reviews
without cost to the Comptroller General and the Comptroller Gen-
eral’s right of access to such information shall be enforceable pursu-
ant to section 716(c) of title 31, United States Code: Provided
further, That the Comptroller General shall maintain the same
level of confidentiality for information made available under the
preceding provisos as that required under section 716(e) of title
31, United States Code: Provided further, That upon the request
of the Comptroller General, the Secretary of the Department of
Homeland Security shall transfer to the Government Accountability
Office from appropriations available for administration expenses
of the Transportation Security Administration, the amount
requested by the Comptroller General, not to exceed $5,000,000,
to cover the full costs of any review and report of the calendar
year 2000 cost information conducted by the Comptroller General,
with 15 days advance notice by the Transportation Security
Administration to the Committees on Appropriations of the Senate
and House of Representatives: Provided further, That the Comp-
troller General shall credit funds transferred under the authority
of the preceding proviso to the account established for salaries
and expenses of the Government Accountability Office, and such
amount shall be available upon receipt and without fiscal year
limitation to cover the full costs of the review and report: Provided
further, That any funds transferred and credited under the
authority of the preceding provisos that are not needed for the
Comptroller General’s performance of such review and report shall
be returned to the Department of Homeland Security and credited
to the appropriation from which transferred: Provided further, That
beginning with amounts due in calendar year 2005, if the result
of this review is that an air carrier or foreign air carrier has
not paid the appropriate fee to the Transportation Security Adminis-
tration pursuant to section 44940(a)(2) of title 49 United States
Code, the Secretary of Homeland Security shall undertake all nec-
essary actions to ensure that such amounts are collected: Provided
further, That such collections received during fiscal year 2005 shall
be credited to this appropriation as offsetting collections and shall
be available only for security modifications at commercial airports:
Provided further, That if the Secretary exercises his discretion
to set the fee under 44940(a)(2) of title 49 United States Code,
such determination shall not be subject to judicial review: Provided
further, That none of the funds in this Act shall be used to recruit
or hire personnel into the Transportation Security Administration
which would cause the agency to exceed a staffing level of 45,000
full-time equivalent screeners: Provided further, That notwith-
standing 49 U.S.C. 44923, the government’s share of the cost for
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118 STAT. 1305
PUBLIC LAW 108–334—OCT. 18, 2004
a project under any letter of intent shall be 75 percent for any
medium or large hub airport.
MARITIME AND LAND SECURITY
For necessary expenses of the Transportation Security Adminis-
tration related to maritime and land transportation security grants
and services pursuant to the Aviation and Transportation Security
Act (Public Law 107–71; 115 Stat. 597), $48,000,000, to remain
available until September 30, 2006.
In addition, fees authorized by section 520 of Public Law 108–
90 shall be credited to this appropriation and shall be available
until expended: Provided, That in fiscal year 2005, fee collections
shall be used for initial administrative costs of credentialing activi-
ties.
INTELLIGENCE
For necessary expenses for intelligence activities pursuant to
the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597), $14,000,000.
RESEARCH AND DEVELOPMENT
For necessary expenses for research and development related
to transportation security, $178,000,000, to remain available until
expended: Provided, That of the total amount provided under this
heading, $54,000,000 shall be available for the research and
development of explosive detection devices.
ADMINISTRATION
For necessary expenses for administrative activities of the
Transportation Security Administration to carry out the Aviation
and Transportation Security Act (Public Law 107–71; 115 Stat.
597), $519,852,000, to remain available until September 30, 2006.
UNITED STATES COAST GUARD
OPERATING EXPENSES
For necessary expenses for the operation and maintenance of
the Coast Guard not otherwise provided for, purchase or lease
of not to exceed 25 passenger motor vehicles for replacement only,
payments pursuant to section 156 of Public Law 97–377 (42 U.S.C.
402 note) and section 229(b) of the Social Security Act (42 U.S.C.
429(b)), and recreation and welfare, $5,157,220,000, of which
$1,204,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990; and of which not to exceed $3,000 shall
be for official reception and representation expenses: Provided, That
none of the funds appropriated by this or any other Act shall
be available for administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none
of the funds provided by this Act shall be available for expenses
incurred for yacht documentation under section 12109 of title 46,
United States Code, except to the extent fees are collected from
yacht owners and credited to this appropriation: Provided further,
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118 STAT. 1306
PUBLIC LAW 108–334—OCT. 18, 2004
That notwithstanding section 1116(c) of title 10, United States
Code, amounts made available under this heading may be used
to make payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund for fiscal year 2005 under section 1116(a)
of such title.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard’s environ-
mental compliance and restoration functions under chapter 19 of
title 14, United States Code, $17,000,000, to remain available until
expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as authorized
by law; operations and maintenance of the reserve program; per-
sonnel 
and 
training 
costs; 
and 
equipment 
and 
services;
$113,000,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels,
and aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $982,200,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990;
of which $19,750,000 shall be available until September 30, 2009,
to acquire, repair, renovate, or improve vessels, small boats, and
related equipment; of which $2,500,000 shall be available until
September 30, 2009, to increase aviation capability; of which
$158,000,000 shall be available until September 30, 2007, for other
equipment; of which $5,000,000 shall be available until September
30, 2007, for shore facilities and aids to navigation facilities; of
which $73,000,000 shall be available for personnel compensation
and benefits and related costs; and of which $723,950,000 shall
be available until September 30, 2009, for the Integrated Deepwater
Systems program: Provided, That the Commandant of the Coast
Guard is authorized to dispose of surplus real property, by sale
or lease, and the proceeds shall be credited to this appropriation
as offsetting collections and shall be available until September
30, 2007, only for Rescue 21: Provided further, That the Secretary
of Homeland Security shall submit to the Congress, in conjunction
with the President’s fiscal year 2006 budget, a new Deepwater
baseline that identifies revised acquisition timelines for each asset
contained in the Deepwater program; a timeline and detailed jus-
tification for each new asset that is determined to be necessary
to fulfill homeland and national security functions or multi-agency
procurements as identified by the Joint Requirements Council; a
detailed description of the revised mission requirements and their
corresponding impact on the Deepwater program’s acquisition
timeline; and funding levels for each asset, whether new or con-
tinuing: Provided further, That the Secretary shall annually submit
to the Congress, at the time that the President’s budget is submitted
under section 1105(a) of title 31, a future-years capital investment
14 USC 663 note.
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118 STAT. 1307
PUBLIC LAW 108–334—OCT. 18, 2004
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 5 fiscal years or until project completion, whichever is
earlier;
(4) an estimated completion date at the projected 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 submitted to the Congress:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment 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: Provided further,
That consistent with the preceding provisos, the budget for fiscal
year 2006 that is submitted under section 1105(a) of title 31,
United States Code, shall include an amount for the Coast Guard
that is sufficient to fund delivery of a long-term maritime patrol
aircraft capability that is consistent with the original procurement
plan for the CN–235 aircraft beyond the three aircraft already
funded in previous fiscal years.
In addition, of the funds appropriated under this heading in
Public Law 108–90, $16,000,000 are rescinded.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of obstructive
bridges, $15,900,000, to remain available until expended.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research, develop-
ment, test, and evaluation, and for maintenance, rehabilitation,
lease and operation of facilities and equipment, as authorized by
law, $18,500,000, to remain available until expended, of which
$2,000,000 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: Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State
and local governments, other public authorities, private sources,
and foreign countries, for expenses incurred for research, develop-
ment, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations 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 Authorization Act, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,085,460,000.
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118 STAT. 1308
PUBLIC LAW 108–334—OCT. 18, 2004
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 motorcycles; hire of
aircraft; services of expert witnesses at such rates as may be deter-
mined by the Director; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or con-
trol, as may be necessary to perform protective functions; payment
of per diem or subsistence allowances to employees where a protec-
tive 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 overnight 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 without 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
protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protec-
tive functions; $1,172,125,000, 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 organizations in counterfeit
investigations; of which $2,100,000 shall be for forensic and related
support of investigations of missing and exploited children; and
of which $5,000,000 shall be a grant for activities related to the
investigations of exploited children and shall remain available until
expended: Provided, That up to $18,000,000 provided for protective
travel shall remain available until September 30, 2006: Provided
further, That of the total amount appropriated, not less than
$5,000,000 shall be available solely for the unanticipated costs
related to security operations for National Special Security Events,
to remain available until expended: 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.
OPERATING EXPENSES
(RESCISSION OF FUNDS)
Of the funds appropriated under this heading in chapter 6
of title I of Public Law 108–11 (117 Stat. 581), $750,279 are
rescinded.
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118 STAT. 1309
PUBLIC LAW 108–334—OCT. 18, 2004
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For necessary expenses for acquisition, construction, repair, alter-
ation, and improvement of facilities, $3,633,000, to remain available
until expended.
TITLE III—PREPAREDNESS AND RECOVERY
OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND
PREPAREDNESS
MANAGEMENT AND ADMINISTRATION
For necessary expenses for the Office of State and Local Govern-
ment Coordination and Preparedness, $3,546,000: Provided, That
not to exceed $2,000 shall be for official reception and representation
expenses.
STATE AND LOCAL PROGRAMS
For grants, contracts, cooperative agreements, and other activi-
ties, including grants to State and local governments for terrorism
prevention activities, notwithstanding any other provision of law,
$3,086,300,000, which shall be allocated as follows:
(1) 
$1,100,000,000 
for 
formula-based 
grants 
and
$400,000,000 for law enforcement terrorism prevention grants
pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C.
3714): Provided, That the application for grants shall be made
available to States within 45 days after enactment of this
Act; that States shall submit applications within 45 days after
the grant announcement; and that the Office of State and
Local Government Coordination and Preparedness shall act
within 15 days after receipt of an application: Provided further,
That each State shall obligate not less than 80 percent of
the total amount of the grant to local governments within
60 days after the grant award.
(2) $1,200,000,000 for discretionary grants, as determined
by the Secretary of Homeland Security, of which—
(A) $885,000,000 shall be for use in high-threat, high-
density urban areas, of which $25,000,000 shall be avail-
able for assistance to organizations (as described under
section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax section 501(a) of such Code) as deter-
mined by the Secretary of Homeland Security to be at
high-risk of international terrorist attack;
(B) $150,000,000 shall be for port security grants,
which shall be distributed under the same terms and condi-
tions as provided for under Public Law 107–117;
(C) $5,000,000 shall be for trucking industry security
grants;
(D) $10,000,000 shall be for intercity bus security
grants; and
(E) $150,000,000 shall be for intercity passenger rail
transportation (as defined in section 24102 of title 49,
United States Code), freight rail, and transit security
grants:
Deadlines.
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118 STAT. 1310
PUBLIC LAW 108–334—OCT. 18, 2004
Provided, That no less than 80 percent of any grant under
this paragraph to a State shall be made available by the State
to local governments 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 grants
under this paragraph.
(3) $50,000,000 shall be available for the establishment
of a technology transfer program: Provided, That of the amount
made available under this paragraph, $10,000,000 is available
to be used for commercially-available equipment testing and
validation to determine appropriateness for inclusion in the
technology transfer program.
(4) $336,300,000 for training, exercises, technical assist-
ance, and other programs:
Provided, That, none of the grants provided under this heading
shall be used for the construction or renovation of facilities; except
for a minor perimeter security project, not to exceed $1,000,000,
as determined necessary by the Secretary of Homeland Security:
Provided further, That the proceeding proviso shall not apply to
grants under (2)(B) and (E) of this heading: Provided further, That
grantees shall provide additional reports on their use of funds,
as determined necessary by the Secretary of Homeland Security:
Provided further, That funds appropriated for law enforcement ter-
rorism prevention grants under paragraph (1) and discretionary
grants under paragraph (2)(A) of this heading shall be available
for operational costs, to include personnel overtime and overtime
associated with Office of State and Local Government Coordination
and Preparedness certified training, as needed: Provided further,
That in accordance with the Department’s implementation plan
for Homeland Security Presidential Directive 8, the Office of State
and Local Government Coordination and Preparedness shall provide
State and local jurisdictions with nationally-accepted first responder
preparedness levels no later than January 31, 2005; include in
the fiscal year 2005 formula-based grant guidance guidelines for
State and local jurisdictions to adopt national preparedness stand-
ards in fiscal year 2006; and issue final guidance on the implementa-
tion of the National Preparedness Goal no later than March 31,
2005: Provided further, That the fiscal year 2005 formula-based
and law enforcement terrorism prevention grants under paragraph
(1) shall be allocated in the same manner as fiscal year 2004.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$715,000,000, of which $650,000,000 shall be available to carry
out section 33 (15 U.S.C. 2229) and $65,000,000 shall be available
to carry out section 34 (15 U.S.C. 2229a) of the Act, to remain
available until September 30, 2006: Provided, That not to exceed
5 percent of this amount shall be available for program administra-
tion.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management perform-
ance 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.),
Deadline.
Reports.
Deadline.
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118 STAT. 1311
PUBLIC LAW 108–334—OCT. 18, 2004
the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701
et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$180,000,000: Provided, 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 respond to unex-
pected threats or acts of terrorism, including payment of rewards
in connection with these activities, $8,000,000, 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 Directorate of Emergency Prepared-
ness and Response, $239,499,000, including activities authorized
by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc-
tion Act of 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404,
405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided,
That 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.
OPERATING EXPENSES
(RESCISSION OF FUNDS)
Of the funds appropriated under this heading in chapter 6
of title I of Public Law 108–11 (11 Stat. 581), $5,000,000 are
rescinded.
ADMINISTRATIVE AND REGIONAL OPERATIONS
For necessary expenses for administrative and regional oper-
ations of the Directorate of Emergency Preparedness and Response,
$202,939,000, 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.
Notification.
Deadline.
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118 STAT. 1312
PUBLIC LAW 108–334—OCT. 18, 2004
5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2201 et seq.), the Defense Production Act of
1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization
Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed
$3,000 shall be for official reception and representation expenses.
PUBLIC HEALTH PROGRAMS
For necessary expenses for countering potential biological, dis-
ease, and chemical threats to civilian populations, $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 Independent Agencies Appro-
priations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security necessary for its radiological emergency preparedness pro-
gram 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 adminis-
trative 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 authorized
purposes on October 1, 2005, and remain available until expended.
DISASTER RELIEF
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $2,042,380,000, to remain available until expended.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan pro-
gram, 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), $200,000,000, and
such additional sums as may be provided by State and local govern-
ments or other political subdivisions for cost-shared mapping activi-
ties under section 1360(f)(2) of such Act, to remain available until
expended: Provided, That total administrative costs shall not exceed
3 percent of the total appropriation.
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118 STAT. 1313
PUBLIC LAW 108–334—OCT. 18, 2004
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 mitiga-
tion, 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 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 avail-
able from the National Flood Insurance Fund.
NATIONAL FLOOD MITIGATION FUND
Notwithstanding subparagraphs (B) and (C) of subsection (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.
NATIONAL PRE-DISASTER MITIGATION FUND
For a pre-disaster mitigation grant program pursuant to title
II of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5131 et seq.), $100,000,000, to remain available
until expended: Provided, That grants made for pre-disaster mitiga-
tion shall be awarded on a competitive basis subject to the criteria
in section 203(g) of such Act (42 U.S.C. 5133(g)), and notwith-
standing section 203(f) of such Act, shall be made without reference
to State allocations, quotas, or other formula-based allocation of
funds: Provided further, That total administrative costs shall not
exceed 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 Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $153,000,000, to remain available until
expended: Provided, 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 immigration services,
$160,000,000.
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118 STAT. 1314
PUBLIC LAW 108–334—OCT. 18, 2004
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
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 awareness and enhancement of community support
of law enforcement 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 authorized
by section 3109 of title 5, United States Code; $177,440,000, of
which up to $36,174,000 for materials and support costs of Federal
law enforcement 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 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 facili-
ties, construction, and ongoing maintenance, facility improvements,
and related expenses of the Federal Law Enforcement Training
Center, $44,917,000, to remain available until expended: Provided,
That the Center is authorized 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 salaries and expenses of the immediate Office of the Under
Secretary for Information Analysis and Infrastructure Protection
and for management and administration 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.
ASSESSMENTS AND EVALUATIONS
For necessary expenses for information analysis and infrastruc-
ture protection as authorized by title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), $761,644,000, to remain available
until September 30, 2006: Provided, That the Under Secretary
for Information Analysis and Infrastructure Protection shall submit
a report at the end of each quarter of the fiscal year to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives on each sole-source contractual agreement entered into
Reports.
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118 STAT. 1315
PUBLIC LAW 108–334—OCT. 18, 2004
through the commitment of amounts available from funds appro-
priated under this heading by this or previous appropriations Acts,
including the amount, recipient and purpose of the agreement.
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 activities, as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$68,586,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects; development; test and evalua-
tion; acquisition; and operations; as authorized by title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$1,046,864,000, 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. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established 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 enacted.
SEC. 503. (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 available to the agencies funded by this Act,
shall be available for obligation or expenditure through a re-
programming of funds that: (1) creates a new program; (2) elimi-
nates a program, project, or activity; (3) increases funds for any
program, project, or activity for which funds have been denied
or restricted by the Congress; (4) proposes to use funds directed
for a specific activity by either the House or Senate Committees
on Appropriations for a different purpose; or (5) contracts out any
functions or activities for which funds have been appropriated for
Federal full-time equivalent positions; unless the Committees on
Appropriations 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 transferred to the Depart-
ment 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
Notification.
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118 STAT. 1316
PUBLIC LAW 108–334—OCT. 18, 2004
of fees available to the agencies funded by this Act, shall be avail-
able 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 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 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 Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropria-
tions, 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 Appropriations
of the Senate and the House of Representatives are notified 15
days in advance of such transfer.
(d) Notifications pursuant to subsections (a), (b) and (c) of
this subsection shall not be made later than June 30, except in
extraordinary circumstances which imminently threaten the safety
of human life or the protection of property.
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 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 503
of this Act.
SEC. 505. Funds made available by this Act for intelligence
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. 506. The Federal Law Enforcement Training Center shall
establish an accrediting body, to include representatives from the
Federal law enforcement community 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 allocation, discretionary grant award, discretionary contract
award, or to issue a letter of intent totaling in excess of $1,000,000
unless the Secretary of Homeland Security notifies the Committees
on Appropriations of the Senate and House of Representatives
at least 3 full business days in advance: Provided, That no notifica-
tion shall involve funds that are not available for obligation.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
Establishment.
6 USC 464a note.
Deadline.
Notification.
Notification.
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118 STAT. 1317
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within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and
the House of Representatives, except that the Federal Law Enforce-
ment 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 Enforcement
Training Center (FLETC) shall schedule basic and/or advanced
law enforcement training at all four training facilities under
FLETC’s control to ensure that these training centers are operated
at the highest capacity throughout the fiscal year.
SEC. 510. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or 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. For fiscal year 2005 and thereafter, 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 provide to the Transportation Security Adminis-
tration without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for serv-
ices 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. 512. None of the funds in this Act may be used in con-
travention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
SEC. 513. The Secretary of Homeland Security is directed 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 possible actions to enhance the known
shipper program to prohibit high-risk cargo from being transported
on passenger aircraft: Provided further, That the Secretary shall
amend Security Directives and programs in effect on the date
of enactment of this Act to, at a minimum, triple the percentage
of cargo inspected on passenger aircraft.
SEC. 514. 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 unfunded 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. 515. (a) IN GENERAL.—Chapter 449 of title 49, United
States Code, is amended by inserting after section 44944 the fol-
lowing new section:
14 USC 663 note.
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118 STAT. 1318
PUBLIC LAW 108–334—OCT. 18, 2004
‘‘§ 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 avail-
able until expended for the purpose of providing civil aviation
security as required in this chapter.’’.
(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 Administration shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives; the Committee on Appropriations of the House
of Representatives; the Committee on Commerce, Science and
Transportation of the Senate; and the Committee on Appropriations
of the Senate, a report that contains a detailed description of
the amount of unclaimed money recovered in total and at each
individual airport, and specifically how the unclaimed money is
being used to provide civil aviation security.
(c) CLERICAL AMENDMENT.—The analysis for chapter 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. 516. Notwithstanding section 3302 of title 31, United
States Code, the Administrator of the Transportation Security
Administration may impose a reasonable charge for the lease of
real and personal property to Transportation Security Administra-
tion employees and for use by Transportation Security Administra-
tion employees and may credit amounts received to the appropria-
tion or fund initially charged for operating and maintaining the
property, which amounts shall be available, without fiscal year
limitation, for expenditure for property management, operation,
protection, construction, repair, alteration, and related activities.
SEC. 517. The acquisition management system of the Transpor-
tation Security Administration shall apply to the acquisition of
services, as well as equipment, supplies, and materials.
SEC. 518. Notwithstanding any other provision of law, the
authority of the Office of Personnel Management to conduct per-
sonnel security and suitability background investigations, update
investigations, and periodic reinvestigations of applicants for, or
appointees in, positions in the Office of the Secretary and Executive
Management, the Office of the Under Secretary of Management,
the Directorate of Science and Technology, and the Directorate
of Information Analysis and Infrastructure Protection of the Depart-
ment of Homeland Security is transferred to the Department of
Homeland Security: Provided, That on request of the Department
of Homeland Security, the Office of Personnel Management shall
cooperate with and assist the Department in any investigation
or reinvestigation under this section.
SEC. 519. Section 312(g) of the Homeland Security Act of 2002
(6 U.S.C. 192(g)) is amended to read as follows:
‘‘(g) TERMINATION.—The Homeland Security Institute shall
terminate 5 years after its establishment.’’.
SEC. 520. Section 311(c)(2) of the Homeland Security 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 appointed to three classes.
One class of six shall have a term of 1 year, one class of
6 USC 111 note.
Applicability.
49 USC 44945
note.
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118 STAT. 1319
PUBLIC LAW 108–334—OCT. 18, 2004
seven a term of 2 years, and one class of seven a term of
3 years.’’.
SEC. 521. 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. 522. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementa-
tion, on other than a test basis, of the Computer Assisted Passenger
Prescreening System (CAPPS II) or Secure Flight or other follow
on/successor programs, that the Transportation Security Adminis-
tration (TSA), or any other Department of Homeland Security
component, plans to utilize to screen aviation passengers, until
the Government Accountability Office has reported to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives that—
(1) a system of due process exists whereby aviation pas-
sengers 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 information
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 identity and
assign a risk level to a passenger will not produce a large
number of false positives that will result in a significant 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/successor programs and has demonstrated
that CAPPS II or Secure Flight or other follow on/successor
programs can make an accurate predictive assessment of those
passengers who may constitute a threat to aviation;
(4) the Secretary of Homeland Security has established
an internal oversight board to monitor the manner in which
CAPPS II or Secure Flight or other follow on/successor pro-
grams 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 pro-
grams from unauthorized access by hackers or other intruders;
(7) the TSA has adopted policies establishing effective over-
sight of the use and operation of the system;
(8) there are no specific privacy concerns with the techno-
logical architecture of the system;
(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 intrastate transportation to accommodate States with
unique air transportation needs and passengers who might
otherwise regularly trigger primary selectee status; and
(10) appropriate life-cycle cost estimates, and expenditure
and program plans exist.
(b) During the testing phase permitted by paragraph (a) of
this section, no information gathered from passengers, foreign or
Reports.
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118 STAT. 1320
PUBLIC LAW 108–334—OCT. 18, 2004
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 passenger names are matched to a
government watch list.
(c) None of the funds provided in this or any previous appropria-
tions Act may be utilized to develop or test algorithms assigning
risk to passengers whose names are not on government watch
lists.
(d) None of the funds provided in this or any previous appropria-
tions Act may be utilized to test an identity verification system
that utilizes at least one database that is obtained from or remains
under the control of a non-Federal entity until TSA has developed
measures to determine the impact of such verification on aviation
security and the Government Accountability Office has reported
on its evaluation of the measures.
(e) TSA shall cooperate fully with the Government Account-
ability Office, and provide timely responses to the Government
Accountability Office requests for documentation and information.
(f) The Government Accountability Office shall submit the
report required under paragraph (a) of this section no later than
March 28, 2005.
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 period ‘‘, 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. 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. 525. Notwithstanding any other provision of law, the
fiscal year 2004 aggregate overtime limitation prescribed in sub-
section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261
and 267) shall be $30,000.
SEC. 526. Notwithstanding any other provision of law, notifica-
tions pursuant to section 503 of this Act or any other authority
for reprogramming of funds shall be made solely to the Committees
on Appropriations of the Senate and House of Representatives.
SEC. 527. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Manage-
ment and Budget Circular A–76 for services provided as of June
1, 2004, by employees (including employees serving on a temporary
or term basis) of Citizenship and Immigration Services of the
Department of Homeland Security who are known as of that date
as Immigration Information Officers, Contact Representatives, or
Investigative Assistants.
SEC. 528. None of the funds available in this Act shall be
available to maintain the United States Secret Service as anything
but a distinct entity within the Department of Homeland Security
and shall not be used to merge the United States Secret Service
with any other department function, cause any personnel and oper-
ational elements of the United States Secret Service to report
to an individual other than the Director of the United States Secret
Deadline.
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118 STAT. 1321
PUBLIC LAW 108–334—OCT. 18, 2004
LEGISLATIVE HISTORY—H.R. 4567 (S. 2537):
HOUSE REPORTS: Nos. 108–541 (Comm. on Appropriations) and 108–774 (Comm.
of Conference).
SENATE REPORTS: No. 108–280 accompanying S. 2537 (Comm. on Appropria-
tions).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 17, 18, considered and passed House.
Sept. 8–10, 13, 14, considered and passed Senate, amended, in lieu of S. 2537.
Oct. 9, House agreed to conference report.
Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Oct. 18, Presidential statement.
Service, or cause the Director to report directly to any individual
other than the Secretary of Homeland Security.
This Act may be cited as the ‘‘Department of Homeland Security
Appropriations Act, 2005’’.
Approved October 18, 2004.
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