[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4567 Engrossed in House (EH)]
2d Session
H. R. 4567
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2005, and for other purposes.
108th CONGRESS
2d Session
H. R. 4567
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Homeland 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 executive management of the
Department of Homeland Security, as authorized by law, $80,227,000:
Provided, That not to exceed $45,000 shall be for official reception
and representation expenses.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701-705 of the Homeland Security
Act of 2002 (6 U.S.C. 341-345), $179,806,000 (reduced by $450,000)
(reduced by $50,000,000): Provided, That not to exceed $5,000 shall be
for official reception and representation expenses: Provided further,
That of the total amount provided, $65,081,000 shall remain available
until expended for costs necessary to consolidate headquarters
operations at the Nebraska Avenue Complex, including tenant
improvements and relocation costs.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $13,000,000.
Office of the Chief Procurement Officer
For necessary expenses of the Office of the Chief Procurement
Officer, $7,734,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $60,139,000.
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, $211,000,000, to remain available until
expended: Provided, That none of the funds appropriated shall be used
to support or supplement the appropriations provided for the United
States Visitor and Immigrant Status Indicator Technology project or the
Automated Commercial Environment.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $82,317,000, of which not to exceed $100,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
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.),
$10,371,000.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note),
$340,000,000, to remain available until expended: Provided, That of the
funds appropriated under this heading, $254,000,000 may not be
obligated for the United States Visitor and Immigrant Status Indicator
Technology project until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland 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 Department of Homeland Security
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 Department of Homeland Security and the Office of
Management and Budget; and (5) is reviewed by the General Accounting
Office.
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;
$4,611,911,000 (increased by $450,000), 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 Public Law 103-182 and notwithstanding section 1511(e)(1)
of Public Law 107-296; of which not to exceed $40,000 shall be for
official reception and representation expenses; of which not to exceed
$176,162,000 shall remain available until September 30, 2006, for
inspection and surveillance technology, unmanned aerial vehicles, and
equipment for the Container Security Initiative; of which such sums as
become available in the Customs User Fee Account, except sums subject
to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations; of
which not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Under Secretary for Border and Transportation Security; and of which
not to exceed $5,000,000 shall be available for payments or advances
arising out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative activities
related to immigration: Provided, That for fiscal year 2005, the
aggregate overtime limitation prescribed in section 5(c)(1) of the Act
of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated in this Act may be available to compensate any employee of
U.S. Customs and Border Protection for aggregate overtime and premium
pay, from whatever source, in an amount that exceeds such limitation,
except in individual cases determined by the Under Secretary for Border
and Transportation Security, or a designee, to be necessary for
national security purposes, to prevent excessive costs, or in cases of
immigration emergencies: Provided further, That none of the funds
appropriated in this Act may be obligated to construct permanent Border
Patrol checkpoints in the U.S. Customs and Border Protection's Tucson
sector: Provided further, That the Commissioner, U.S. Customs and
Border Protection, is directed to submit to the Committees on
Appropriations of the Senate and the House of Representatives a plan
for expenditure that includes location, design, costs, and benefits of
each proposed Tucson sector permanent checkpoint: Provided further,
That U.S. Customs and Border Protection shall relocate its tactical
checkpoints in the Tucson sector at least an average of once every 14
days in a manner designed to prevent persons subject to inspection from
predicting the location of any such checkpoint.
automation modernization
For expenses for customs and border protection automated
systems, $449,909,000, to remain available until expended, of which not
less than $321,690,000 shall be for the development of the Automated
Commercial Environment: Provided, That none of the funds 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 U.S. 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 U.S. 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 General
Accounting Office.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of laws relating to customs and immigration, $91,718,000,
to remain 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; $2,377,006,000, 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 $100,000 shall be for promotion of
public awareness of the child pornography tipline; of which not less
than $200,000 shall be for Project Alert; and of which not to exceed
$16,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none of the
funds appropriated shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Under Secretary for Border and Transportation Security may waive that
amount as necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total amount
provided, $3,000,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2005, of which not to exceed
$2,000,000 shall remain available until expended.
federal air marshals
For necessary expenses of the Federal air marshals,
$662,900,000, to remain available until expended.
federal protective service
The revenues and collections of security fees credited to this
account, not to exceed $478,000,000, shall be available until expended
for necessary expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal Protective
Service.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $39,605,000, to remain available until expended: Provided,
That none of the funds appropriated under this heading may be obligated
for ATLAS 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 U.S. Immigration and
Customs Enforcement's enterprise information systems architecture; (3)
complies with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal Government; (4)
is reviewed and approved by the U.S. Immigration and Customs
Enforcement's Investment Review Board, the Department of Homeland
Security, and the Office of Management and Budget; and (5) is reviewed
by the General Accounting Office.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$26,179,000, 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 U.S. Customs
and Border Protection or U.S. 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,
$257,535,000, to remain available until expended: Provided, That no
aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to U.S.
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.
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), $4,270,564,000, to remain available until expended, of which
not to exceed $3,000 shall be for official reception and representation
expenses: Provided, That of the total amount provided under this
heading, not to exceed $2,016,814,000 shall be for passenger screening
activities; not to exceed $1,406,460,000 shall be for baggage screening
activities; and not to exceed $847,290,000 shall be for airport
security direction and enforcement: 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 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 $2,447,564,000: Provided further, That any
security service fees collected pursuant to section 118 of Public Law
107-71 in excess of the amount appropriated under this heading shall be
treated as offsetting collections in fiscal year 2006: Provided
further, That none of the funds in this Act shall be used to recruit or
hire personnel into the Transportation Security Administration which
would cause the agency to exceed a staffing level of 45,000 full-time
equivalent screeners.
maritime and land security
For necessary expenses of the Transportation Security
Administration related to maritime and land transportation security
grants and services pursuant to the Aviation and Transportation
Security Act (Public Law 107-71), $65,000,000, to remain available
until September 30, 2006.
In addition, from fees authorized by section 520 of Public Law 108-
90, up to $67,000,000 is available until expended: Provided, That in
fiscal year 2005, other funds under this heading may be used for
initial administrative costs of such credentialing activities.
intelligence
For necessary expenses for intelligence activities pursuant to
the Aviation and Transportation Security Act (Public Law 107-71),
$14,000,000.
research and development
For necessary expenses for research and development related to
transportation security, $174,000,000, to remain available until
expended.
administration
For necessary expenses for administrative activities of the
Transportation Security Administration to carry out the Aviation and
Transportation Security Act (Public Law 107-71), $524,852,000, to
remain available until September 30, 2006.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles for replacement only; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note) and
section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
recreation and welfare; $5,171,220,000, of which $1,204,000,000 shall
be for defense-related activities; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990; and of
which not to exceed $3,000 shall be for official reception and
representation expenses: Provided, That none of the funds appropriated
by this or any other Act shall be available for administrative expenses
in connection with shipping commissioners in the United States:
Provided further, That none of the funds provided by this Act shall be
available for expenses incurred for yacht documentation under section
12109 of title 46, United States Code, except to the extent fees are
collected from yacht owners and credited to this appropriation:
Provided further, That notwithstanding section 1116(c) of title 10,
United States Code, amounts made available under this heading may be
used to make payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund for fiscal year 2005 under section 1116(a) of
such title.
environmental compliance and restoration
For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration 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; and equipment and services; $113,000,000.
acquisition, construction, and improvements
(including rescission of funds)
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore facilities,
vessels, and aircraft, including equipment related thereto; and
maintenance, rehabilitation, lease and operation of facilities and
equipment, as authorized by law, $936,550,000, of which $20,000,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990; of
which $19,750,000 shall be available until September 30, 2009, to
acquire, repair, renovate, or improve vessels, small boats, and related
equipment; of which $1,800,000 shall be available until September 30,
2009, to increase aviation capability; of which $138,000,000 shall be
available until September 30, 2007, for other equipment; of which
$5,000,000 shall be available until September 30, 2007, for shore
facilities and aids to navigation of which $73,000,000 shall be
available until September 30, 2006, for personnel compensation and
benefits and related costs; and of which $679,000,000 shall be
available until September 30, 2009, for the Integrated Deepwater
Systems program: Provided, That the Secretary of Homeland Security
shall submit to the Congress, in conjunction with the President's
fiscal year 2006 budget, a new Deepwater baseline that identifies
revised acquisition timelines for each asset contained in the Deepwater
program; a timeline and detailed justification for each new asset that
is determined to be necessary to fulfill homeland and national security
functions or multi-agency procurements as identified by the Joint
Requirements Council; a detailed description of the revised mission
requirements and their corresponding impact on the Deepwater program's
acquisition timeline; and funding levels for each asset, whether new or
continuing: Provided further, That the Secretary shall annually submit
to the Congress, at the time that the President's budget is submitted
under section 1105(a) of title 31, a future-years capital investment
plan for the Coast Guard that identifies for each capital budget line
item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project completion, whichever
is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Congress:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31
for that fiscal year: Provided further, That any inconsistencies
between the capital investment plan and proposed appropriations shall
be identified and justified. In addition, of the funds appropriated
under this heading in Public Law 108-90 and Public Law 108-7,
$33,000,000 are rescinded.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges, $16,400,000, to remain available until expended.
retired pay
For retired pay, including the payment of 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 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 requires 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; $1,179,125,000, of which not to exceed $30,000 shall be for
official reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations; of
which $2,100,000 shall be for forensic and related support of
investigations of missing and exploited children; and of which
$5,000,000 shall be a grant for activities related to the
investigations of exploited children and shall remain available until
expended: Provided, That up to $18,000,000 provided for protective
travel shall remain available until September 30, 2006: Provided
further, That not less than $10,000,000 for the costs of planning,
preparing for, and conducting security operations for National Special
Security Events shall be 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 for State and Local Government Coordination and Preparedness
salaries and expenses
For necessary expenses for the Office for State and Local
Government Coordination and Preparedness, as authorized by sections 430
and 801 of the Homeland Security Act of 2002 (6 U.S.C. 238 and 361),
$41,432,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, $3,423,900,000, which shall be
allocated as follows:
(1) $1,250,000,000 for formula-based grants and
$500,000,000 for law enforcement terrorism prevention grants
pursuant to section 1014 of the USA PATRIOT Act of 2001 (42
U.S.C. 3714): 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 30 days
after the grant announcement; and that the Office for State and
Local Government Coordination and Preparedness shall act within
15 days after receipt of an application: Provided further, That
each State shall obligate not less than 80 percent of the total
amount of the grant to local governments within 60 days after
the grant award;
(2) $1,000,000,000 for discretionary grants for use in
high-threat, high-density urban areas and for rail and transit
security, as determined by the Secretary of Homeland Security:
Provided, That not less than 80 percent of any grant to a State
shall be made available by the State to local governments
within 60 days after their receipt of the funds: Provided
further, That section 1014(c)(3) of the USA PATRIOT Act of 2001
(42 U.S.C. 3714(c)(3)) shall not apply to these grants:
Provided further, That of the funds provided, not less than
$100,000,000 shall be used for rail and transit security
grants;
(3) $170,000,000 for emergency management performance
grants pursuant to section 1014 of the USA PATRIOT Act of 2001
(42 U.S.C. 3714), as authorized by the National Flood Insurance
Act of 1968 and the Flood Disaster Protection Act of 1973 (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):
Provided, That total administrative costs shall not exceed 3
percent of the total appropriation; and
(4) $125,000,000 for port security grants, which shall be
distributed under the same terms and conditions as provided for
under Public Law 107-117: Provided, That section 1014(c)(3) of
the USA PATRIOT Act of 2001 (42 U.S.C. 3714(c)(3)) shall not
apply to these grants:
Provided, That except for port security grants under paragraph (4) of
this heading, none of the funds appropriated under this heading shall
be used for construction or renovation of facilities: Provided further,
That 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 for State and
Local Government Coordination and Preparedness certified training, as
needed: Provided further, That grantees shall provide reports on their
use of funds, as deemed necessary by the Secretary of Homeland
Security: Provided further, That the Office for State and Local
Government Coordination and Preparedness shall complete the development
of mission essential tasks by July 31, 2004; the fiscal year 2005 State
grant guidance shall include instructions for the completion of State
baseline assessments; a Federal response capabilities inventory shall
be completed by March 15, 2005; and the Office for State and Local
Government Coordination and Preparedness shall provide quarterly
reports to the Committees on Appropriations of the Senate and the House
of Representatives on the implementation of Homeland Security
Presidential Directive-8, beginning October 1, 2004.
firefighter assistance grants
For necessary expenses for programs authorized by section 33 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229),
$600,000,000 (increased by $50,000,000, which increase is available for
grants under section 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229a)), to remain available until September 30,
2006: Provided, That not to exceed 5 percent of this amount shall be
available for program administration.
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 503 of this Act.
Emergency Preparedness and Response
office of the under secretary for emergency preparedness and response
For necessary expenses for the Office of the Under Secretary
for Emergency Preparedness and Response, as authorized by section 502
of the Homeland Security Act of 2002 (6 U.S.C. 312), $4,211,000.
preparedness, mitigation, response, and recovery
For necessary expenses for preparedness, mitigation, response,
and recovery activities of the Emergency Preparedness and Response
Directorate, $210,499,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards 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, 411), Reorganization Plan No.
3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.).
administrative and regional operations
For necessary expenses for administrative and regional
operations of the Emergency Preparedness and Response Directorate,
$203,939,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards 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, 411), Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.):
Provided, That not to exceed $4,000 shall be for official reception and
representation expenses.
public health programs
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations, $34,000,000.
disaster relief
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$2,042,380,000, to remain available until expended.
disaster assistance direct loan program account
For administrative expenses to carry out the direct loan
program, as authorized by section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$567,000: Provided, That gross obligations for the principal amount of
direct loans shall not exceed $25,000,000: Provided further, That the
cost of modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).
flood map modernization fund
For necessary expenses pursuant to section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $150,000,000, and such
additional sums as may be provided by State and local governments or
other 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.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2005, as
authorized by the Energy and Water Development Appropriations Act, 2001
(as enacted into law by Public Law 106-377), shall not be less than 100
percent of the amounts anticipated by the Department of 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.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4011 et seq.), and the Flood Disaster Protection Act of 1973
(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.
national flood mitigation fund
(including transfer of funds)
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3),
and subsection (f), of section 1366 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c), $20,000,000, to remain available until
September 30, 2006, for activities designed to reduce the risk of flood
damage to structures pursuant to such Act, of which $20,000,000 shall
be derived from the National Flood Insurance Fund.
national pre-disaster mitigation fund
For a pre-disaster mitigation grant program pursuant to title
II of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5131 et seq.), $100,000,000, to remain available until
expended: Provided, That grants made for pre-disaster mitigation shall
be awarded on a competitive basis subject to the criteria in section
203(g) of such Act (42 U.S.C. 5133(g)): Provided further, That total
administrative costs shall not exceed 3 percent of the total
appropriation.
emergency food and shelter
To carry out an emergency food and shelter program pursuant to
title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11331 et seq.), $153,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total appropriation.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES
Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $160,000,000.
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, $183,440,000, 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, $37,917,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.
Information Analysis and Infrastructure Protection
management and administration
For salaries and expenses of the immediate Office of the Under
Secretary for Information Analysis and Infrastructure Protection and
for management and administration of programs and activities, as
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $132,064,000: Provided, That not to exceed $5,000 shall
be for official reception and representation expenses: Provided
further, That of the total amount provided under this heading,
$5,000,000 shall be for the Under Secretary to prepare an analysis of
requiring key resources and critical infrastructure to provide
information related to actual and potential vulnerabilities to ensure
that the Department has timely and efficient access to such
information, as authorized by section 201(d) of such Act (6 U.S.C.
121(d)).
assessments and evaluations
For necessary expenses for information analysis and
infrastructure protection, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $722,512,000, to remain
available until September 30, 2006.
Science and Technology
management and administration
For salaries and expenses of the immediate Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by title III
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$68,586,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
research, development, acquisition and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,063,713,000, to remain
available until expended.
TITLE V--GENERAL PROVISIONS
(including transfers of funds)
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts for
such activities established pursuant to this Act: Provided, That
balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 503 (a) None of the funds provided by this Act, provided
by previous 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 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; or (4) proposes
to use funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose; unless
both 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 appropriation Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
subsection shall be treated as a reprogramming of funds under
subsection (b) 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. 504. Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2005 from appropriations for salaries and expenses
for fiscal year 2005 in this Act shall remain available through
September 30, 2006, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 505. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2005 until the enactment of an Act authorizing
intelligence activities for fiscal year 2005.
Sec. 506. The Federal Law Enforcement Training Center shall
establish an accrediting body, to include representatives from the
Federal law enforcement community and non-Federal accreditation experts
involved in law enforcement training, to establish standards for
measuring and assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 507. None of the funds in this Act may be used to make a
grant unless the Secretary of Homeland Security notifies the Committees
on Appropriations of the Senate and the House of Representatives not
less than 3 full business days before any grant allocation,
discretionary grant award, or letter of intent totaling $1,000,000 or
more is announced by the Department or its directorates from: (1) any
discretionary or formula-based grant program of the Office for State
and Local Government Coordination and Preparedness; (2) any letter of
intent from the Transportation Security Administration; (3) any port
security grant; or (4) awards for Homeland Security Centers of
Excellence: Provided, That no notification shall involve funds that are
not available for obligation.
Sec. 508. 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. 509. The Director of the Federal Law Enforcement Training
Center shall ensure that all training facilities under the control of
the Center are operated at optimal capacity throughout the fiscal year.
Sec. 510. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, and acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus.
Sec. 511. None of the funds appropriated or 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. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
Sec. 513. The Secretary of Homeland Security is directed to
research, develop, and procure certified systems to inspect and screen
air cargo on passenger aircraft at the earliest date possible:
Provided, That until such technology is procured and installed, the
Secretary shall take all possible actions to enhance the known shipper
program to prohibit high-risk cargo from being transported on passenger
aircraft: Provided further, That the Secretary shall amend Security
Directives and programs in effect on the date of enactment of this Act
to, at a minimum, double the percentage of cargo inspected on passenger
aircraft.
Sec. 514. (a) Establishment of Chief Procurement Officer.--The
Homeland Security Act of 2002 is amended as follows:
(1) In section 103(d) (6 U.S.C. 113(d)), by redesignating
paragraph (5) as paragraph (6) and inserting after paragraph
(4) the following:
``(5) A Chief Procurement Officer.''.
(2) By redesignating sections 705 through 706 (6 U.S.C.
345-346) in order as sections 706 through 707, and by inserting
after section 704 the following:
``SEC. 705. CHIEF PROCUREMENT OFFICER.
``The Chief Procurement Officer appointed under section 103(d)(5)
shall report to the Secretary.''.
(3) In the table of contents in section 1(b), by striking
the items relating to sections 705 through 706 and inserting
the following:
``Sec. 705. Chief Procurement Officer.
``Sec. 706. Establishment of Officer for Civil Rights and Civil
Liberties.
``Sec. 707. Consolidation and co-location of offices.''.
(b) Reporting by Chief Financial Officer and Chief Information
Officer.--Sections 702 and 703 of the Homeland Security Act of 2002 (6
U.S.C. 342, 343) are amended by striking ``, or to another official of
the Department, as the Secretary may direct'' each place it appears.
Sec. 515. The Commandant of the Coast Guard shall provide to the
Congress each year, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States Code, a list
of approved but unfunded Coast Guard priorities and the funds needed
for each such priority in the same manner and with the same contents as
the unfunded priorities lists submitted by the chiefs of other Armed
Services.
Sec. 516. (a) In General.--Chapter 449 of title 49, United States
Code, is amended by inserting after section 44944 the following new
section:
``Sec. 44945. Disposition of unclaimed money
``Notwithstanding section 3302 of title 31, unclaimed money
recovered at any airport security checkpoint shall be retained by the
Transportation Security Administration and shall remain available until
expended for the purpose of providing civil aviation security as
required in this chapter.''.
(b) Annual Report.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the Administrator of the
Transportation Security Administration shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives,
the Committee on Appropriations of the House of Representatives, the
Committee on Commerce, Science and Transportation of the Senate and the
Committee on Appropriations of the Senate, a report that contains a
detailed description of the amount of unclaimed money recovered in
total and at each individual airport, and specifically how the
unclaimed money is being used to provide civil aviation security.
(c) Clerical Amendment.--The analysis for chapter 449 of title 49,
United States Code, is amended by adding the following new item after
the item relating to section 44944:
``44945. Disposition of unclaimed money.''.
Sec. 517. Notwithstanding section 3302 of title 31, United States
Code, the Administrator of the Transportation Security Administration
may impose a reasonable charge for the lease of real and personal
property to Transportation Security Administration employees and for
the lease of real and personal property for use by Transportation
Security Administration employees and may credit amounts received to
the appropriation or fund initially charged for operating and
maintaining the property, which amounts shall be available, without
fiscal year limitation, for expenditure for property management,
operation, protection, construction, repair, alteration, and related
activities.
Sec. 518. The acquisition management system of the Transportation
Security Administration shall apply to the acquisition of services, as
well as equipment, supplies, and materials.
Sec. 519. Notwithstanding any other provision of law, the authority
of the Office of Personnel Management to conduct personnel security and
suitability background investigations, update investigations, and
periodic reinvestigations of applicants for, or appointees in,
competitive service positions within the Department of Homeland
Security is transferred to the Department of Homeland Security:
Provided, That on request of the Department of Homeland Security, the
Office of Personnel Management shall cooperate with and assist the
Department in any investigation or reinvestigation under this section.
Sec. 520. Section 312(g) of the Homeland Security Act of 2002 (6
U.S.C. 192(g)) is amended to read as follows:
``(g) Termination.--The Homeland Security Institute shall terminate
5 years after its establishment.''.
Sec. 521. Section 311(c)(2) of the Homeland Security Act of 2002 (6
U.S.C. 191(c)(2)) is amended to read as follows:
``(2) Original appointments.--The original members of the
Advisory Committee shall be appointed to three classes. One
class of six shall have a term of 1 year, one class of seven a
term of 2 years, and one class of seven a term of 3 years.''.
Sec. 522. Notwithstanding any other provision of law, funds
appropriated under paragraphs (1) and (2) of the State and Local
Programs heading under title III of this Act are exempt from section
6503(a) of title 31, United States Code.
Sec. 523. None of the funds in this or previous Appropriations Acts
may be obligated for deployment or implementation, on other than a test
basis, of the Computer Assisted Passenger Prescreening System (CAPPS
II) until the Secretary of Homeland Security has certified that the
requirements of paragraphs (1) through (8) of subsection (a), and the
requirements of subsection (b), of section 519 of Public Law 108-90
have been met.
Sec. 524. Clarification of Prohibition on Contracting With Foreign
Incorporated Entities.--Section 835 of the Homeland Security Act of
2002 (Public Law 107-296; 6 U.S.C. 395) is amended--
(1) in subsection (a), by inserting before the 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. The amounts otherwise provided by this Act are revised by
reducing the amount made available under title I for ``Office of the
Under Secretary for Management'' and by increasing the amount made
available under title III for ``firefighter assistance grants'', both
by $50,000,000, and of the amounts appropriated for ``firefighter
assistance grants'' $50,000,000 is available for grants under section
34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a).
Sec. 526. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 527. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for 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 Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2005''.
Passed the House of Representatives June 18, 2004.
Attest:
Clerk.