[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