[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4567 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 14, 2004.
Resolved, That the bill from the House of Representatives (H.R.
4567) entitled ``An Act making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2005, and
for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year 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 for executive management of the Department of
Homeland Security, as authorized by law, $82,206,000: Provided, That
not to exceed $50,000 shall be available for allocation within 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 Secretary for
Management, as authorized by sections 701-705 of the Homeland Security
Act of 2002 (6 U.S.C. 341-345), $245,579,000: Provided, That of the
total amount provided, $65,081,000 shall remain available until
expended solely for the alteration and improvement of facilities and
for relocation costs to consolidate the Department's headquarters'
operations.
Department-Wide Technology Investments
For development and acquisition of information technology
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 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.),
$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 Illegal 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 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;
$4,466,960,000; 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 $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 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 none of the funds appropriated shall be available to
compensate any employee for overtime in an annual amount in excess of
$30,000, except that the Under Secretary for Border and Transportation
Security may 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 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.).
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 3;
(2) complies with the Bureau of Customs and Border
Protection'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 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.
immigration and customs enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 2,300 (2,000 for replacement only) police-type vehicles,
$2,413,438,000, 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; of which $5,000,000 shall be
a grant for activities related to the investigations of exploited
children and shall remain available until expended; and of which not to
exceed $11,216,000 shall be available to fund or reimburse other
Federal agencies for the costs associated with the care, maintenance,
and repatriation of smuggled illegal aliens: Provided, That none of the
funds appropriated shall be available to compensate any employee for
overtime in an annual amount in excess of $30,000, except that the
Under Secretary for Border and Transportation Security may waive that
amount as necessary for national security purposes 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 provisions 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 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 enforcement automated
systems, $39,605,000, to remain available until expended.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, and other related equipment of
the air and marine program, including operational training and mission-
related travel, and rental payments for facilities occupied by the air
or marine interdiction and demand reduction programs, the operations of
which include the following: the interdiction of narcotics and other
goods; the provision of support to Federal, State, and local agencies
in the enforcement or administration of laws enforced by the Bureau of
Immigration 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 agencies 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 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 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 Security 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 exceed
$796,890,000 shall be for airport security direction and enforcement
presence, of which $217,890,000 shall be available for airport
information technology: Provided 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 $2,563,083,000:
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 six months of enactment of the Act but no earlier
than March 31, 2005, to the Committees on Appropriations of the Senate
and House of Representatives and 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 information, 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, automated data and files,
or other information relevant to such reviews without cost to the
Comptroller General 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 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 Comptroller
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 Administration pursuant to section 44940(a)(2) of title 49
United States Code, the Secretary of Homeland Security shall undertake
all necessary 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 any security service fees collected 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 transportation 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 administrative costs of credentialing activities.
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, $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 detection devices.
administration
For necessary administrative expenses of the Transportation
Security Administration to carry out the Aviation 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 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),
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and
recreation 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 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, 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: 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 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
Transportation 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 reserve 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 operation 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, repair,
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 related 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 appropriation
as offsetting collections and shall be available until September 30,
2007, only for Rescue 21: Provided further, That the budget for fiscal
year 2006 that is submitted under section 1105(a) of title 31, United
States Code, may include an amount for the Coast Guard that is
sufficient to fund delivery of a long-term maritime patrol aircraft
capability that is consistent with the original procurement plan for
the CN-235 aircraft beyond the three aircraft already funded in
previous fiscal years.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges, $15,400,000, to remain available until expended.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, 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: 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, development, 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.
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; services of expert witnesses at such rates as may be
determined 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 control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees 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 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 protective functions, $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 organizations 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.
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 governments 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 prevention grants pursuant to
section 1014 of the USA PATRIOT 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 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; and
(2) $1,200,000,000 for discretionary grants for use in
high-threat, high-density urban areas, as determined by the
Secretary of Homeland Security: Provided, That $150,000,000
shall be for port security grants; $15,000,000 shall be for
trucking industry security grants; $10,000,000 shall be for
intercity bus security grants; and $150,000,000 shall be for
intercity passenger rail transportation (as defined in section
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 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 these
grants;
(3) $275,081,000 for training, exercises, technical
assistance, and other programs:
Provided, That none of the grants provided under this heading shall be
used for the construction or renovation of facilities: Provided
further, That notwithstanding the previous proviso, funds under this
heading may be used for a minor perimeter security project, the cost of
which shall not exceed $1,000,000, as deemed necessary by the Secretary
of Homeland 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 otherwise compensated for travel to or
participation in terrorism response courses approved by the Office for
Domestic Preparedness, which stipend shall not be paid if such first
responder 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 reports on their use of funds, as deemed necessary by the
Secretary: Provided further, That not to exceed 10 percent of funds
appropriated for law enforcement terrorism prevention grants under
paragraph (1) and discretionary grants under paragraph (2) of this
heading shall be available for operational costs, to include personnel
overtime and overtime associated with Office of State and Local
Government Coordination and Preparedness certified training, as needed.
firefighter assistance grants
For necessary expenses for programs authorized by section 33 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229),
$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 administration.
fire department staffing assistance grants
For necessary expenses for programs authorized by section 34 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a), to
remain available until September 30, 2006, $100,000,000: Provided, That
not to exceed 5 percent of this amount shall be available for program
administration: Provided, further, That the amount appropriated 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 Infrastructure
Protection Management and Administration'' is hereby reduced by
$20,000,000, and the amount appropriated by title IV under the heading
``Science and Technology Management and Administration'' is hereby
reduced 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
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 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
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 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 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 Preparedness and
Response, $231,499,000, including activities authorized by the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.), the 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.
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, 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,
disease, 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 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 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 authorized purposes on October 1, 2005, and remain
available until expended.
disaster relief
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$2,221,000,000 to remain available until expended, of which $70,000,000
is designated by Congress 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 Hurricane 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 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 governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed 3 percent of
the total appropriation.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), not to exceed $33,336,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; and not to exceed $79,257,000 for flood hazard mitigation,
to remain 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 available from the National Flood
Insurance Fund.
mitigation grants
For activities designed to reduce the risk of flood damage to
structures pursuant to the National Flood Insurance Act of 1968,
notwithstanding subsections (b)(3) and (f) of section 1366, and for a
pre-disaster mitigation grant program 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 Insurance
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 formula-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. McKinney Homeless Assistance
Act (42 U.S.C. 11341 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 for
backlog reduction activities, $140,000,000.
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 personal cell phones for
official duties; and services as authorized 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 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
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $42,917,000, 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 necessary expenses of the Directorate of Information 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
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $157,064,000.
assessments and evaluations
For necessary expenses for information analysis and infrastructure
protection as authorized by title II of the Homeland Security Act of
2002 (6 U.S.C. 121 et seq.), $718,512,000, to remain available until
September 30, 2006, of which not to exceed $20,000 may be used for
official reception and representation expenses: Provided, That none of
the funds available under this heading shall be available for sole-
source contractual agreements unless the Committees on Appropriations
of the Senate and the House of Representatives are notified 15 days in
advance of such decision, 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 attack.
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.),
$52,550,000.
Research, Development, Acquisition and Operations
For expenses of science and technology research, including advanced
research projects; development; test and evaluation; acquisition;
operations; and all salaries and expenses 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
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 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; (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 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 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 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 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 Appropriations 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 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 502 of this Act.
Sec. 504. 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. 505. 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. 506. 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 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 enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, 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 Enforcement Training
Center (FLETC) shall schedule basic and 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. 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 provide to the Transportation
Security Administration without cost building construction,
maintenance, utilities and 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 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 prohibit high-risk cargo
from being transported on passenger aircraft.
Sec. 513. None of the funds made available by this or previous
appropriations Acts may be obligated for contracting out a full-time
equivalent position of the Department 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.
Sec. 514. (a)None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
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 Administration
(TSA) plans to utilize to screen aviation passengers, until the
Government Accountability Office has reported to the Committees on
Appropriations of the Senate and the House of Representatives 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 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 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 hackers or other intruders;
(7) the TSA has adopted policies establishing effective
oversight of the use and operation of the system;
(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 intrastate 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 passenger names are matched to a government watch list.
(c) The Government Accountability Office shall submit the report
required under paragraph (a) of this section no later than February 15,
2005.
Sec. 515. None of the funds appropriated by this Act may be used to
make an award, pursuant to a competition under Office of Management and
Budget Circular A-76, to a source for the performance of services that
were provided as of June 1, 2004, by employees (including employees
serving on a temporary or term basis) of the Bureau of Citizenship and
Immigration Services of the Department of Homeland Security known as of
that date as Immigration Information Officers, Contact Representatives,
or Investigative Assistants unless--
(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 effectuate
the transition to performance either by Federal
Government employees under the applicable 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 Government employees;
and
(2) the making of the award to that source will not result
in the closure of an immigration information service center
that was in operation on June 1, 2004.
Sec. 516. Notwithstanding any other provision of this Act, none of
the funds appropriated by this Act may be used to process or approve a
competition under Office of Management and Budget Circular A-76 for
services 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 that date as Immigration Information Officers, Contact
Representatives, or Investigative Assistants.
This section shall take effect one day after the date of the Act's
enactment.
Sec. 517. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 518. Investigation of Shockoe Creek Drain Field, Richmond,
Virginia, as soon as practicable after the date of enactment of this
Act, the Director of the Federal Emergency Management Agency shall
conduct an investigation of the Shockoe Creek drain field in Richmond,
Virginia, to determine means of preventing future damage in that area
from floods and other natural disasters.
Sec. 519. (a) The total amount appropriated by title II for the
Office of the Under Secretary for Border and Transportation Security
under the heading ``air and marine interdiction, operations,
maintenance, and procurement'' is hereby increased by $200,000,000. Of
such total amount, as so increased, $200,000,000 shall be available 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 continued operations of the Federal Air Marshals program.
(c) The total amount appropriated under the heading ``office of
state and local government coordination and preparedness, state and
local programs'' is hereby increased by $50,000,000. Of such total
amount, as so increased, $50,000,000 is for discretionary assistance to
non-profit organizations (as defined under section 501 (c)(3) of the
Internal Revenue Code of 1986) determined by the Secretary of Homeland
Security to be at high-risk of international terrorist attacks.
(d) The total amount appropriated under the heading ``office of
state and local government coordination and preparedness, firefighter
Assistance Grants'' is hereby increased by $50,000,000. Of such total
amount, as so increased, $50,000,000 is for the program authorized by
section 33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229).
(e) The total amount appropriated under the heading ``office of
state and local government coordination and preparedness, emergency
management performance grants'' is hereby increased by $20,000,000. Of
such total amount, as so increased, $20,000,000 is for emergency
management performance grants.
(f) Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking
``March 1, 2005'' and inserting ``June 1, 2005''.
Sec. 520. (a) The total amount appropriated under the heading
``customs and border protection, salaries and expenses'' is hereby
increased by $150,000,000. Of such total amount, as so increased,
$50,000,000 is provided for radiation detection devices, $50,000,000 is
provided 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
provided 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 performance grants'' is hereby increased by $36,000,000. Of
such total amount, as so increased, $36,000,000 is provided for
emergency management performance grants.
(e) In Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 as amended by this Act, strike ``June 1,
2005'' and insert ``September 30, 2005.''
Sec. 521. Of the amount appropriated by title II for the Office of
the Under Secretary for Border and Transportation Security under the
heading ``air and marine interdiction, operations, maintenance, and
procurement'', $5,000,000 may be used for a pilot project to test
interoperable communications between the first Northern Border Air
Wing, Bellingham, Washington, and local law enforcement personnel.
Sec. 522. (a) The Secretary of Homeland Security, in consultation
with the Secretary of Transportation, shall--
(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 assets
identified;
(3) select the most practical and cost-effective ways of
defending the assets identified; and
(4) assign transportation security roles and missions 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
information that is properly classified under criteria established by
Executive order shall be submitted to Congress separately in classified
form.
Sec. 523. (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 manufactured outside of the United States.
(b) The report submitted under subsection (a) shall separately
indicate--
(1) the dollar value of each of the articles, materials,
and supplies acquired by the Department of Homeland Security
that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American
Act (41 U.S.C. 10a et seq.); and
(3) a summary of the total funds spent by the Department of
Homeland Security on goods manufactured within the United
States compared with funds spent by the Department of Homeland
Security on goods manufactured outside of the United States.
(c) The Secretary of Homeland Security shall make the report
submitted under this section publicly available to the maximum extent
practicable.
Sec. 524. Section 835 of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 395) is amended--
(1) in subsection (a), by inserting before the 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. 525. During fiscal year 2005, the Secretary of Homeland
Security and the Secretary of Defense shall permit the New Mexico Army
National Guard to continue performing vehicle and cargo inspection
activities in support of the Bureau of Customs and Border Protection
and the Bureau of Immigration and Customs Enforcement under the
authority of the Secretary of Defense to support counterdrug activities
of law enforcement agencies.
Sec. 526. (a) Not later than 3 months after the date of enactment
of this Act, the Secretary of Homeland Security shall submit a report
to the Committees on Appropriations of the Senate and the House of
Representatives and to the Committee on Governmental Affairs and the
Committee on Environment and Public Works of the Senate and the
Committee on Homeland Security of the House of Representatives 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 integrated into the
plan;
(3) the Department's plan for oversight of all geospatial
information systems management, procurement, and
interoperability; and
(4) the timeline for creating the Department-wide
Geospatial Information System capability under the direction of
the Chief Information Officer.
Sec. 527. Notwithstanding any other provision of law, the fiscal
year 2004 aggregate overtime limitation prescribed 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 ``Customs and Border Protection Salaries and Expenses'' is
hereby reduced by $1,000,000.
Sec. 528. Not later than 90 days after the date of enactment of
this Act, and every 90 days thereafter, the Secretary of Homeland
Security shall provide to the Committee on Commerce, Science, and
Transportation and the Subcommittee on Homeland Security of the
Committee on Appropriations of the Senate, a classified report on the
number 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 domestic and international flights that have a Federal
Air Marshal aboard, and the rate at which individuals are leaving
service as Federal Air Marshals.
Sec. 529. (a) Congress finds that (1) there is a disproportionate
number of complaints against the Transportation 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
Administration, and (2) there is a significant backlog of those
complaints 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 Department of Homeland Security that
apply to the employment of airport screeners in the Transportation
Security Administration, 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 opportunity and veterans' preference laws as
those laws apply to employment of personnel in airport screener
positions in the Transportation Security Administration, a discussion
of any systemic problems that could have caused the circumstances
giving rise to the disproportionate number of complaints described in
subsection (a), and the efforts of the Secretary of Homeland Security
and the Under Secretary for Border and Transportation Security to
eliminate the backlog of unresolved complaints and to correct any
systemic problems identified in the report.
(3) In conducting the review necessary for preparing the report,
the Comptroller General shall examine the experience regarding the
airport screener positions at particular airports in various regions,
including the Louis Armstrong New Orleans International Airport.
Sec. 530. No funds appropriated or otherwise made available by this
Act shall be used to pursue, implement, or enforce any law, procedure,
guideline, rule, regulation, or other policy that exposes the identity
of an air marshal to any party not designated by the Secretary of the
Department of Homeland Security.
Sec. 531. (a) The Secretary of Homeland Security, in coordination
with the head of the Transportation Security Administration and the
Under Secretary for Science and Technology, shall prepare a report on
protecting commercial aircraft from the threat of man-portable air
defense systems (referred to in this section as ``MANPADS'').
(b) The report required by subsection (a) shall include the
following:
(1) An estimate of the number of organizations, including
terrorist organizations, that have access to MANPADS and a
description of the risk posed by each organization.
(2) A description of the programs carried out by the
Secretary of Homeland Security to protect commercial aircraft
from the threat posed by MANPADS.
(3) An assessment of the effectiveness and feasibility 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 implementation
of phase II of the counter-MANPADS development and
demonstration program.
(5) An assessment of the effectiveness of other technology
that could be employed on commercial aircraft to address the
threat posed by MANPADS, including 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 approaches to
address such threat, including ground-based systems.
(7) A discussion of issues related to any contractor
liability associated with the installation or use of technology
or systems on commercial aircraft to address such threat.
(8) A description of the strategies that the Secretary may
employ to acquire any technology or systems selected for use on
commercial aircraft at the conclusion of phase II of the
counter-MANPADS development and demonstration program,
including--
(A) a schedule for purchasing and installing such
technology or systems on commercial aircraft; and
(B) a description of--
(i) the priority in which commercial
aircraft will be equipped with such technology
or systems;
(ii) any efforts to coordinate the
schedules for installing such technology or
system with private airlines;
(iii) any efforts to ensure that aircraft
manufacturers integrate such technology or
systems into new aircraft; and
(iv) the cost to operate and support such
technology or systems on a commercial aircraft.
(9) A description of the plan to expedite the use of
technology or systems on commercial aircraft to address 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 carrying 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 foreign airports
where commercial aircraft are most vulnerable to attack by
MANPADS.
(11) A description of the cooperation between the Secretary
and the Administrator of the Federal Aviation Administration to
certify the airworthiness and safety of technology and systems
to protect commercial aircraft from the risk posed by MANPADS
in an expeditious manner.
(c) The report required by subsection (a) shall be transmitted to
Congress along with the budget for fiscal year 2006 submitted by the
President pursuant to section 1105(a) of title 31, United States Code.
Sec. 532. None of the funds available in this Act shall be
available to maintain the United States Secret Service as anything but
a distinct entity within the Department of Homeland Security and shall
not be used to merge the United States Secret Service with any other
department function, cause any personnel and operational elements of
the United States Secret Service to report to an individual other than
the Director of the United States Secret Service, or cause the Director
to report directly to any individual other than the Secretary of
Homeland Security.
Sec. 533. Data-Mining Report. (a) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
where--
(A) at least 1 of the databases was obtained from
or remains under the control of a non-Federal entity,
or the information was acquired initially by another
department or agency of the Federal Government;
(B) the search does not use a specific individual's
personal identifiers to acquire information concerning
that individual; and
(C) a department or agency of the Federal
Government or a non-Federal entity acting on behalf of
the Federal Government is conducting the query or
search or other analysis to find a pattern indicating
terrorist, criminal, or other law enforcement related
activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public without payment of a fee, or databases of judicial and
administrative opinions.
(b) Reports on Data-Mining Activities.--
(1) Requirement for report.--The head of each agency in the
Department of Homeland Security or the privacy officer, if
applicable, that is engaged in any activity to use or develop
data-mining technology shall each submit a public report to
Congress on all such activities of the agency under the
jurisdiction 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 required to be covered by the report,
the following information:
(A) A thorough description of the data-mining
technology, the plans for the use of such technology,
the data that will be used, and the target dates for
the deployment of the data-mining technology.
(B) An assessment of the likely impact of the
implementation of the data-mining technology on privacy
and civil liberties.
(C) A thorough discussion of the policies,
procedures, and guidelines that are to be developed 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 information
is collected and used.
(D) Any necessary classified information in an
annex that shall be available to the Committee on
Governmental Affairs, the Committee on the Judiciary,
and the Committee on Appropriations of the Senate and
the Committee on Homeland Security, the Committee on
the Judiciary, and the Committee on Appropriations of
the House of Representatives.
(3) Time for report.--Each report required under paragraph
(1) shall be submitted not later than 90 days after the end of
fiscal year 2005.
Sec. 534. (a) Of any funds previously made available to the Federal
Emergency Management Agency in response to the September 11, 2001,
attacks in New York City, not less than $4,450,000 shall be provided,
subject to the request of the Governor of New York, to those mental
health counseling service entities that have historically provided
mental health counseling through Project Liberty to personnel of the
New York City Police Department, the New York City Fire Department, and
other emergency services agencies, to continue such counseling.
Sec. 535. Sense of the Senate Concerning the American Red Cross and
Critical Biomedical Systems. (a) Findings.--The Senate finds that--
(1) the blood supply is a vital public health resource that
must be readily available at all times, particularly in
response to terrorist attacks and natural disasters;
(2) the provision of blood is an essential part of the
critical infrastructure of the United States and must be
protected from threats of terrorism;
(3) disruption of the blood supply or the compromising of
its integrity could have wide-ranging implications on the
ability of the United States to react in a crisis; and
(4) the need exists to ensure that blood collection
facilities maintain adequate inventories to prepare for
disasters at all times in all locations.
(b) Sense of the Senate.--It is the sense of the Senate that the
Department of Homeland Security's Information Analysis and
Infrastructure Protection should consult with the American Red Cross
to--
(1) identify critical assets and interdependencies;
(2) perform vulnerability assessments; and
(3) identify necessary resources to implement protective
measures to ensure continuity of operations and security of
information technology systems for blood and blood products.
Sec. 536. It is the sense of the Senate that--
(1) the Director of the Office for State and Local
Government Coordination and Preparedness be given limited
authority to approve requests from the senior official
responsible for emergency preparedness and response in each
State to reprogram funds appropriated for the State Homeland
Security Grant Program of the Office for State and Local
Government Coordination and Preparedness to address specific
security requirements that are based on credible threat
assessments, particularly threats that arise after the State
has submitted an application describing its intended use of
such grant funds;
(2) for each State, the amount of funds reprogrammed under
this section should not exceed 10 percent of the total annual
allocation for such State under the State Homeland Security
Grant Program; and
(3) before reprogramming funds under this section, a State
official described in paragraph (1) should consult with
relevant local officials.
Sec. 537. Disaster Assistance Employee Cadres of Emergency
Preparedness and Response Directorate.
(a) In General.--The Secretary of Homeland Security is encouraged
to place special emphasis on the recruitment of American Indians,
Alaska Natives, and Native Hawaiians for positions within Disaster
Assistance Employee cadres maintained by the Emergency Preparedness and
Response Directorate.
(b) Report.--The Secretary of Homeland Security shall report
periodically to the Senate and the House of Representatives with
respect to--
(1) the representation of American Indians, Alaska Natives,
and Native Hawaiians in the Disaster Assistance Employee
cadres; and
(2) the efforts of the Secretary of Homeland Security to
increase the representation of such individuals in the cadres.
Sec. 538. Sections 702 and 703 of the Homeland Security Act of 2002
(6 U.S.C. 342 and 343) are amended by striking ``, or to another
official of the Department, as the Secretary may direct'' each place it
appears.
Sec. 539. Section 208(a) of Public Law 108-137; 117 Stat. 1849 is
amended by striking ``current'' and inserting ``2005''.
Sec. 540. Liaison for Disaster Emergencies. (a) Deployment of
Disaster Liaison.--If requested by the Governor or the appropriate
State agency of the affected State, the Secretary of Agriculture may
deploy disaster liaisons to State and local Department of Agriculture
Service Centers in a federally declared disaster area whenever Federal
Emergency Management Agency Personnel are deployed in that area, to
coordinate Department programs with the appropriate disaster agencies
designated under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(b) Qualifications.--A disaster liaison shall be selected from
among Department employees who have experience providing emergency
disaster relief in federally declared disaster areas.
(c) Duties.--A disaster liaison shall--
(1) serve as a liaison to State and Federal Emergency
Services;
(2) be deployed to a federally declared disaster area to
coordinate Department interagency programs in assistance to
agricultural producers in the declared disaster area;
(3) facilitate the claims and applications of agricultural
producers who are victims of the disaster that are forwarded to
the Department by the appropriate State Department of
Agriculture agency director; and
(4) coordinate with the Director of the State office of the
appropriate Department agency to assist with the application
for and distribution of economic assistance.
(d) Duration of Deployment.--The deployment of a disaster liaison
under subsection (a) may not exceed 30 days.
(e) Definition.--In this section, the term ``federally declared
disaster area'' means--
(1) an area covered by a Presidential declaration of major
disaster, including a disaster caused by a wildfire, issued
under section 301 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170); or
(2) determined to be a disaster area, including a disaster
caused by a wildfire, by the Secretary under subpart A of part
1945 of title 7, Code of Federal Regulations.
TITLE VI--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE
Sec. 601. Crop Disaster Assistance. (a) Definitions.--In this
section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Emergency Financial Assistance.--Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the
Secretary of Agriculture (referred to in this title as the
``Secretary'') shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make emergency financial assistance
authorized under this section available to producers on a farm that
have incurred qualifying crop or quality losses for the 2003 or 2004
crop (as elected by a producer), but not both, due to damaging weather
or related condition, as determined by the Secretary.
(c) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-55), including using the same loss thresholds for the
quantity and quality losses as were used in administering that section.
(d) Reduction in Payments.--The amount of assistance that a
producer would otherwise receive for a qualifying crop or quality loss
under this section shall be reduced by the amount of assistance that
the producer receives under the crop loss assistance program announced
by the Secretary on August 27, 2004.
(e) Ineligibility for Assistance.--Except as provided in subsection
(f), the producers on a farm shall not be eligible for assistance under
this section with respect to losses to an insurable commodity or
noninsurable commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
crop incurring the losses; and
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop
incurring the losses.
(f) Contract Waiver.--The Secretary may waive subsection (e) with
respect to the producers on a farm if the producers enter into a
contract with the Secretary under which the producers agree--
(1) in the case of an insurable commodity, to obtain a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) providing additional coverage for
the insurable commodity for each of the next 2 crops; and
(2) in the case of a noninsurable commodity, to file the
required paperwork and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity for each of the next 2 crops under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(g) Effect of Violation.--In the event of the violation of a
contract under subsection (f) by a producer, the producer shall
reimburse the Secretary for the full amount of the assistance provided
to the producer under this section.
Sec. 602. Livestock Assistance Program. (a) In General.--The
Secretary shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make and administer payments for
livestock losses to producers for 2003 or 2004 losses (as elected by a
producer), but not both, in a county that has received an emergency
designation by the President or the Secretary after January 1, 2003, of
which an amount determined by the Secretary shall be made available for
the American Indian livestock program under section 806 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
(c) Mitigation.--In determining the eligibility for or amount of
payments for which a producer is eligible under the livestock
assistance program, the Secretary shall not penalize a producer that
takes actions (recognizing disaster conditions) that reduce the average
number of livestock the producer owned for grazing during the
production year for which assistance is being provided.
Sec. 603. Tree Assistance Program. The Secretary shall use such
sums as are necessary of the funds of the Commodity Credit Corporation
to provide assistance under the tree assistance program established
under subtitle C of title X of the Farm Security and Rural Investment
Act of 2002 to producers who suffered tree losses during the winter of
2003 through 2004.
Sec. 604. Commodity Credit Corporation. The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this title.
Sec. 605. Regulations. (a) In General.--The Secretary may
promulgate such regulations as are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
Sec. 606. Emergency Designation. Amounts appropriated or otherwise
made available in this title are each designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of the Department of Defense Appropriations Act, 2005 (Public Law 108-
287; 118 Stat. 1014).
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2005''.
Attest:
Secretary.
108th CONGRESS
2d Session
H. R. 4567
_______________________________________________________________________
AMENDMENT