[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4567 Enrolled Bill (ENR)]
H.R.4567
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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, $85,034,000: Provided, That
not to exceed $40,000 shall be for official reception and
representation expenses.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701-705 of the Homeland Security
Act of 2002 (6 U.S.C. 341-345), $151,153,000: Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses: Provided further, That of the total amount provided,
$65,081,000 shall remain available until expended solely for the
alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $13,000,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$275,270,000; of which $67,270,000 shall be available for salaries and
expenses; and of which $208,000,000 shall be available 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, to remain available until expended: Provided, That none of the
funds appropriated shall be used to support or supplement the
appropriations provided for the United States Visitor and Immigrant
Status Indicator Technology project or the Automated Commercial
Environment.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $82,317,000, of which not to exceed $100,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
BORDER AND TRANSPORTATION SECURITY
Office of the Under Secretary for Border and Transportation Security
salaries and expenses
For necessary expenses of the Office of the Under Secretary for
Border and Transportation Security, as authorized by subtitle A of
title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.),
$9,617,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note),
$340,000,000, to remain available until expended: Provided, That of the
funds appropriated under this heading, $254,000,000 may not be
obligated for the United States Visitor and Immigrant Status Indicator
Technology project until the Committees on 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 7;
(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 Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
Customs and Border Protection
Salaries and Expenses
(including rescission of funds)
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; acquisition,
lease, maintenance and operation of aircraft; purchase and lease of up
to 4,500 (3,935 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$4,534,119,000; of which $3,000,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $35,000 shall be for official reception and
representation expenses; of which not less than $131,436,000 shall be
for Air and Marine Operations; of which not to exceed $156,162,000
shall remain available until September 30, 2006, for inspection and
surveillance technology, unmanned aerial vehicles, and equipment for
the Container Security Initiative; of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account;
of which not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations; of which not
to exceed $1,000,000 shall be for awards of compensation to informants,
to be accounted for solely under the certificate of the Under Secretary
for Border and Transportation Security; and of which not to exceed
$5,000,000 shall be available for payments or advances arising out of
contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
immigration: Provided, That for fiscal year 2005, the aggregate
overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated in this Act may be available to compensate any employee of
the Bureau of Customs and Border Protection for aggregate overtime and
premium pay, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Under
Secretary for Border and Transportation Security, or a designee, to be
necessary for national security purposes, to prevent excessive costs,
or 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 none of the funds appropriated in this Act may be
obligated to construct permanent Border Patrol checkpoints in the
Bureau of Customs and Border Protection's Tucson sector: Provided
further, That the Commissioner, Bureau of Customs and Border
Protection, is directed to submit to the Committees on Appropriations
of the Senate and the House of Representatives a plan for expenditure
that includes location, design, costs, and benefits of each proposed
Tucson sector permanent checkpoint: Provided further, That the Bureau
of Customs and Border Protection shall relocate its tactical
checkpoints in the Tucson sector at least an average of once every 14
days in a manner designed to prevent persons subject to inspection from
predicting the location of any such checkpoint.
In addition, of the funds appropriated under this heading in
chapter 6 of title I of Public Law 108-11 (117 Stat. 583), $63,010,000
are rescinded.
Automation Modernization
For expenses for customs and border protection automated systems,
$449,909,000, to remain available until expended, of which not less
than $321,690,000 shall be for the development of the Automated
Commercial Environment: Provided, That none of the funds appropriated
under this heading may be obligated for the Automated Commercial
Environment until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan for expenditure
prepared by the Under Secretary for Border and Transportation Security
that:
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(2) complies with the Department of Homeland Security's
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, and other related 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 Department
of Homeland Security; 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 Bureau of Customs and Border Protection
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,
$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,
$2,438,494,000, of which not to exceed $5,000,000 shall be available
until expended for conducting special operations pursuant to section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Under Secretary for Border and Transportation
Security; of which not less than $102,000 shall be for promotion of
public awareness of the child pornography tipline; of which not less
than $203,000 shall be for Project Alert; and of which not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none of the
funds appropriated shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Under Secretary for Border and Transportation Security may waive that
amount as necessary for national security purposes and in cases of
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.
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: Provided,
That none of the funds appropriated under this heading may be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure prepared by
the Under Secretary for Border and Transportation Security that:
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(5) is reviewed by the Government Accountability Office.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$26,179,000, to remain available until expended.
Transportation Security Administration
Aviation Security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597), $4,323,523,000, to remain available until
expended, of which not to exceed $3,000 shall be for official reception
and representation expenses: Provided, That of the total amount
provided under this heading, not to exceed $2,049,173,000 shall be for
passenger screening activities; not to exceed $1,452,460,000 shall be
for baggage screening activities, of which $180,000,000 shall be
available only for procurement of checked baggage explosive detection
systems and $45,000,000 shall be available only for installation of
checked baggage explosive detection systems; and not to exceed
$821,890,000 shall be for airport security direction and enforcement
presence: Provided further, That security service fees authorized under
section 44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections: Provided further, That,
except as provided in the following proviso, the sum herein
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2005, so as to result in a final fiscal year appropriation from
the General Fund estimated at not more than $2,500,523,000: Provided
further, That the Government Accountability Office shall review, using
a methodology deemed appropriate by the Comptroller General, the
calendar year 2000 cost information for screening passengers and
property pursuant to section 44940(a)(2) of title 49, United States
Code, of air carriers and foreign air carriers engaged in air
transportation and intrastate air transportation and report the
information within 6 months of enactment of the Act but no earlier than
March 31, 2005, to the Committees on Appropriations of the Senate and
House of Representatives; the House Transportation and Infrastructure
Committee; and the Senate Committee on Commerce, Science, and
Transportation: Provided further, That the Comptroller General, or any
of the Comptroller General's duly authorized representatives, shall
have access, for the purpose of reviewing such cost 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 none of the funds in this Act shall be used to
recruit or hire personnel into the Transportation Security
Administration which would cause the agency to exceed a staffing level
of 45,000 full-time equivalent screeners: Provided further, That
notwithstanding 49 U.S.C. 44923, the government's share of the cost for
a project under any letter of intent shall be 75 percent for any medium
or large hub airport.
Maritime and Land Security
For necessary expenses of the Transportation Security
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), $48,000,000, to remain
available until September 30, 2006.
In addition, fees authorized by section 520 of Public Law 108-90
shall be credited to this appropriation and shall be available until
expended: Provided, That in fiscal year 2005, fee collections shall be
used for initial administrative costs of credentialing 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, $178,000,000, to remain available until
expended: Provided, That of the total amount provided under this
heading, $54,000,000 shall be available for the research and
development of explosive detection devices.
administration
For necessary expenses for administrative activities of the
Transportation Security Administration to carry out the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat. 597),
$519,852,000, to remain available until September 30, 2006.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the Coast
Guard not otherwise provided for, purchase or lease of not to exceed 25
passenger motor vehicles for replacement only, payments pursuant to
section 156 of Public Law 97-377 (42 U.S.C. 402 note) and section
229(b) of the Social Security Act (42 U.S.C. 429(b)), and recreation
and welfare, $5,157,220,000, of which $1,204,000,000 shall be for
defense-related activities; of which $24,500,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990; and of which not to exceed
$3,000 shall be for official reception and representation expenses:
Provided, That none of the funds appropriated by this or any other Act
shall be available for administrative expenses in connection with
shipping commissioners in the United States: Provided further, That
none of the funds provided by this Act shall be available for expenses
incurred for yacht documentation under section 12109 of title 46,
United States Code, except to the extent fees are collected from yacht
owners and credited to this appropriation: Provided further, 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, $982,200,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990; of which
$19,750,000 shall be available until September 30, 2009, to acquire,
repair, renovate, or improve vessels, small boats, and related
equipment; of which $2,500,000 shall be available until September 30,
2009, to increase aviation capability; of which $158,000,000 shall be
available until September 30, 2007, for other equipment; of which
$5,000,000 shall be available until September 30, 2007, for shore
facilities and aids to navigation facilities; of which $73,000,000
shall be available for personnel compensation and benefits and related
costs; and of which $723,950,000 shall be available until September 30,
2009, for the Integrated Deepwater Systems program: Provided, That the
Commandant of the Coast Guard is authorized to dispose of surplus real
property, by sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and shall be available until
September 30, 2007, only for Rescue 21: Provided further, That the
Secretary of Homeland Security shall submit to the Congress, in
conjunction with the President's fiscal year 2006 budget, a new
Deepwater baseline that identifies revised acquisition timelines for
each asset contained in the Deepwater program; a timeline and detailed
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
5 fiscal years or until project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of completion
or estimated completion date from previous future-years capital
investment plans submitted to the Congress:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31
for that fiscal year: Provided further, That any inconsistencies
between the capital investment plan and proposed appropriations shall
be identified and justified: Provided further, That consistent with the
preceding provisos, the budget for fiscal year 2006 that is submitted
under section 1105(a) of title 31, United States Code, shall include an
amount for the Coast Guard that is sufficient to fund delivery of a
long-term maritime patrol aircraft capability that is consistent with
the original procurement plan for the CN-235 aircraft beyond the three
aircraft already funded in previous fiscal years.
In addition, of the funds appropriated under this heading in Public
Law 108-90, $16,000,000 are rescinded.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, $15,900,000, to remain available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research,
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 to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990:
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries, for
expenses incurred for research, 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 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; $1,172,125,000, of
which not to exceed $25,000 shall be for official reception and
representation expenses; of which not to exceed $100,000 shall be to
provide technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; of which $2,100,000 shall
be for forensic and related support of investigations of missing and
exploited children; and of which $5,000,000 shall be a grant for
activities related to the investigations of exploited children and
shall remain available until expended: Provided, That up to $18,000,000
provided for protective travel shall remain available until September
30, 2006: Provided further, That of the total amount appropriated, not
less than $5,000,000 shall be available solely for the unanticipated
costs related to security operations for National Special Security
Events, to remain available until expended: Provided further, That the
United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from agencies and entities, as defined
in section 105 of title 5, United States Code, receiving training
sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year.
OPERATING EXPENSES
(RESCISSION OF FUNDS)
Of the funds appropriated under this heading in chapter 6 of title
I of Public Law 108-11 (117 Stat. 581), $750,279 are rescinded.
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, $3,546,000: Provided, That not to exceed
$2,000 shall be for official reception and representation expenses.
State and Local Programs
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other provision of
law, $3,086,300,000, which shall be allocated as follows:
(1) $1,100,000,000 for formula-based grants and $400,000,000
for law enforcement terrorism prevention grants pursuant to section
1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That the
application for grants shall be made available to States within 45
days after enactment of this Act; that States shall submit
applications within 45 days after the grant announcement; and that
the Office of State and Local Government Coordination and
Preparedness shall act within 15 days after receipt of an
application: Provided further, That each State shall obligate not
less than 80 percent of the total amount of the grant to local
governments within 60 days after the grant award.
(2) $1,200,000,000 for discretionary grants, as determined by
the Secretary of Homeland Security, of which--
(A) $885,000,000 shall be for use in high-threat, high-
density urban areas, of which $25,000,000 shall be available
for assistance to organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax section 501(a) of such Code) as determined by the Secretary
of Homeland Security to be at high-risk of international
terrorist attack;
(B) $150,000,000 shall be for port security grants, which
shall be distributed under the same terms and conditions as
provided for under Public Law 107-117;
(C) $5,000,000 shall be for trucking industry security
grants;
(D) $10,000,000 shall be for intercity bus security grants;
and
(E) $150,000,000 shall be for intercity passenger rail
transportation (as defined in section 24102 of title 49, United
States Code), freight rail, and transit security grants:
Provided, That no less than 80 percent of any grant under this
paragraph to a State shall be made available by the State to local
governments within 60 days after the receipt of the funds: Provided
further, That section 1014(c)(3) of the USA PATRIOT ACT (42 U.S.C.
3714(c)(3)) shall not apply to grants under this paragraph.
(3) $50,000,000 shall be available for the establishment of a
technology transfer program: Provided, That of the amount made
available under this paragraph, $10,000,000 is available to be used
for commercially-available equipment testing and validation to
determine appropriateness for inclusion in the technology transfer
program.
(4) $336,300,000 for training, exercises, technical assistance,
and other programs:
Provided, That, none of the grants provided under this heading shall be
used for the construction or renovation of facilities; except for a
minor perimeter security project, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided
further, That the proceeding proviso shall not apply to grants under
(2)(B) and (E) of this heading: Provided further, That grantees shall
provide additional reports on their use of funds, as determined
necessary by the Secretary of Homeland Security: Provided further, That
funds appropriated for law enforcement terrorism prevention grants
under paragraph (1) and discretionary grants under paragraph (2)(A) of
this heading shall be available for operational costs, to include
personnel overtime and overtime associated with Office of State and
Local Government Coordination and Preparedness certified training, as
needed: Provided further, That in accordance with the Department's
implementation plan for Homeland Security Presidential Directive 8, the
Office of State and Local Government Coordination and Preparedness
shall provide State and local jurisdictions with nationally-accepted
first responder preparedness levels no later than January 31, 2005;
include in the fiscal year 2005 formula-based grant guidance guidelines
for State and local jurisdictions to adopt national preparedness
standards in fiscal year 2006; and issue final guidance on the
implementation of the National Preparedness Goal no later than March
31, 2005: Provided further, That the fiscal year 2005 formula-based and
law enforcement terrorism prevention grants under paragraph (1) shall
be allocated in the same manner as fiscal year 2004.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$715,000,000, of which $650,000,000 shall be available to carry out
section 33 (15 U.S.C. 2229) and $65,000,000 shall be available to carry
out section 34 (15 U.S.C. 2229a) of the Act, to remain available until
September 30, 2006: Provided, That not to exceed 5 percent of this
amount shall be available for program administration.
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, $8,000,000, to remain available until expended:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 15 days
prior to the obligation of any amount of these funds in accordance with
section 503 of this Act.
EMERGENCY PREPAREDNESS AND RESPONSE
Office of the Under Secretary for Emergency Preparedness and Response
For necessary expenses for the Office of the Under Secretary for
Emergency Preparedness and Response, as authorized by section 502 of
the Homeland Security Act of 2002 (6 U.S.C. 312), $4,211,000.
Preparedness, Mitigation, Response, and Recovery
For necessary expenses for preparedness, mitigation, response, and
recovery activities of the Directorate of Emergency Preparedness and
Response, $239,499,000, including activities authorized by the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency 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.
OPERATING EXPENSES
(RESCISSION OF FUNDS)
Of the funds appropriated under this heading in chapter 6 of title
I of Public Law 108-11 (11 Stat. 581), $5,000,000 are rescinded.
Administrative and Regional Operations
For necessary expenses for administrative and regional operations
of the Directorate of Emergency Preparedness and Response,
$202,939,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 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.),
$2,042,380,000, 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), $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.
national flood mitigation fund
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
subsection (f), of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), $20,000,000, to remain available until
September 30, 2006, for activities designed to reduce the risk of flood
damage to structures pursuant to such Act, of which $20,000,000 shall
be derived from the National Flood Insurance Fund.
national pre-disaster mitigation fund
For a pre-disaster mitigation grant program pursuant to title II of
the Robert T. Stafford Disaster Relief and Emergency 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)), 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 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; $177,440,000, of which up to $36,174,000 for
materials and support costs of Federal law enforcement basic training
shall remain available until 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, $44,917,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.
Information Analysis and Infrastructure Protection
management and administration
For salaries and expenses of the immediate Office of the Under
Secretary for Information Analysis and Infrastructure Protection and
for management and administration of programs and activities, as
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $132,064,000: Provided, That not to exceed $5,000 shall
be for official reception and representation expenses.
Assessments and Evaluations
For necessary expenses for information analysis and infrastructure
protection as authorized by title II of the Homeland Security Act of
2002 (6 U.S.C. 121 et seq.), $761,644,000, to remain available until
September 30, 2006: Provided, That the Under Secretary for Information
Analysis and Infrastructure Protection shall submit a report at the end
of each quarter of the fiscal year to the Committees on Appropriations
of the Senate and the House of Representatives on each sole-source
contractual agreement entered into through the commitment of amounts
available from funds appropriated under this heading by this or
previous appropriations Acts, including the amount, recipient and
purpose of the agreement.
Science and Technology
management and administration
For salaries and expenses of the immediate Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by title III
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$68,586,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,046,864,000, to remain
available until expended.
TITLE V--GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act, the
unexpended balances of prior appropriations provided for activities in
this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act: Provided, That balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a 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; or (5)
contracts out any functions or activities for which funds have been
appropriated for Federal full-time equivalent positions; unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(b) None of the funds provided by this Act, provided by previous
appropriation Acts to the agencies in or transferred to the 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.
(d) Notifications pursuant to subsections (a), (b) and (c) of this
subsection shall not be made later than June 30, except in
extraordinary circumstances which imminently threaten the safety of
human life or the protection of property.
Sec. 504. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2005 from appropriations for salaries and expenses
for fiscal year 2005 in this Act shall remain available through
September 30, 2006, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 505. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2005 until the enactment of an Act authorizing
intelligence activities for fiscal year 2005.
Sec. 506. The Federal Law Enforcement Training Center shall
establish an accrediting body, to include representatives from the
Federal law enforcement community and non-Federal accreditation experts
involved in law enforcement training, to establish standards for
measuring and assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 507. None of the funds in this Act may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
to issue a letter of intent totaling in excess of $1,000,000 unless the
Secretary of Homeland Security notifies the Committees on
Appropriations of the Senate and House of Representatives at least 3
full business days in advance: Provided, That no 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 (FLETC) shall schedule basic and/or advanced law enforcement
training at all four training facilities under FLETC's control to
ensure that these training centers are operated at the highest capacity
throughout the fiscal year.
Sec. 510. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus.
Sec. 511. For fiscal year 2005 and thereafter, none of the funds
appropriated or otherwise made available by this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors to
provide to the Transportation Security 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, triple the percentage of cargo inspected on passenger
aircraft.
Sec. 514. The Commandant of the Coast Guard shall provide to the
Congress each year, at the time that the President's budget is
submitted under section 1105(a) of title 31, United States Code, a list
of approved but unfunded Coast Guard priorities and the funds needed
for each such priority in the same manner and with the same contents as
the unfunded priorities lists submitted by the chiefs of other Armed
Services.
Sec. 515. (a) In General.--Chapter 449 of title 49, United States
Code, is amended by inserting after section 44944 the 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. 516. Notwithstanding section 3302 of title 31, United States
Code, the Administrator of the Transportation Security Administration
may impose a reasonable charge for the lease of real and personal
property to Transportation Security Administration employees and 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. 517. The acquisition management system of the Transportation
Security Administration shall apply to the acquisition of services, as
well as equipment, supplies, and materials.
Sec. 518. Notwithstanding any other provision of law, the authority
of the Office of Personnel Management to conduct personnel security and
suitability background investigations, update investigations, and
periodic reinvestigations of applicants for, or appointees in,
positions in the Office of the Secretary and Executive Management, the
Office of the Under Secretary of Management, the Directorate of Science
and Technology, and the Directorate of Information Analysis and
Infrastructure Protection of the 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. 519. Section 312(g) of the Homeland Security Act of 2002 (6
U.S.C. 192(g)) is amended to read as follows:
``(g) Termination.--The Homeland Security Institute shall terminate
5 years after its establishment.''.
Sec. 520. Section 311(c)(2) of the Homeland Security Act of 2002 (6
U.S.C. 191(c)(2)) is amended to read as follows:
``(2) Original appointments.--The original members of the
Advisory Committee shall be appointed to three classes. One class
of six shall have a term of 1 year, one class of seven a term of 2
years, and one class of seven a term of 3 years.''.
Sec. 521. Notwithstanding any other provision of law, funds
appropriated under paragraphs (1) and (2) of the State and Local
Programs heading under title III of this Act are exempt from section
6503(a) of title 31, United States Code.
Sec. 522. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or 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), or any other Department of Homeland Security component, 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;
(9) the TSA has, pursuant to the requirements of section 44903
(i)(2)(A) of title 49, United States Code, modified CAPPS II or
Secure Flight or other follow on/successor programs with respect to
intrastate transportation to accommodate States with unique air
transportation needs and passengers who might otherwise regularly
trigger primary selectee status; and
(10) appropriate life-cycle cost estimates, and expenditure and
program plans exist.
(b) During the testing phase permitted by paragraph (a) of this
section, no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen aviation
passengers, or delay or deny boarding to such passengers, except in
instances where passenger names are matched to a government watch list.
(c) None of the funds provided in this or any previous
appropriations Act may be utilized to develop or test algorithms
assigning risk to passengers whose names are not on government watch
lists.
(d) None of the funds provided in this or any previous
appropriations Act may be utilized to test an identity verification
system that utilizes at least one database that is obtained from or
remains under the control of a non-Federal entity until TSA has
developed measures to determine the impact of such verification on
aviation security and the Government Accountability Office has reported
on its evaluation of the measures.
(e) TSA shall cooperate fully with the Government Accountability
Office, and provide timely responses to the Government Accountability
Office requests for documentation and information.
(f) The Government Accountability Office shall submit the report
required under paragraph (a) of this section no later than March 28,
2005.
Sec. 523. Section 835 of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 395) is amended--
(1) in subsection (a), by inserting before the period ``, or
any subsidiary of such an entity'';
(2) in subsection (b)(1), by inserting ``before, on, or'' after
the ``completes'';
(3) in subsection (c)(1)(B), by striking ``which is after the
date of enactment of this Act and''; and
(4) in subsection (d), by striking ``homeland'' and inserting
``national''.
Sec. 524. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 525. Notwithstanding any other provision of law, the fiscal
year 2004 aggregate overtime limitation prescribed in subsection
5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall
be $30,000.
Sec. 526. Notwithstanding any other provision of law, notifications
pursuant to section 503 of this Act or any other authority for
reprogramming of funds shall be made solely to the Committees on
Appropriations of the Senate and House of Representatives.
Sec. 527. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of 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
Citizenship and Immigration Services of the Department of Homeland
Security who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative Assistants.
Sec. 528. None of the funds available in this Act shall be
available to maintain the United States Secret Service as anything but
a distinct entity within the Department of Homeland Security and shall
not be used to merge the United States Secret Service with any other
department function, cause any personnel and 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.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2005''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.