[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[Senate]
[Pages 18564-18572]
[From the U.S. Government Publishing Office, www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2005

  On Tuesday, September 14, 2004, the Senate passed H.R. 4567, as 
follows:

                               H.R. 4567

         Resolved, That the bill from the House of Representatives 
     (H.R. 4567) entitled ``An Act making appropriations for the 
     Department of Homeland Security for the fiscal year ending 
     September 30, 2005, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:
       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 for 
     executive management of the Department of Homeland Security, 
     as authorized by law, $82,206,000: Provided, That not to 
     exceed $50,000 shall be available for allocation within the 
     Department for official reception and representation expenses 
     as the Secretary may determine.

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701-705 of the 
     Homeland Security Act of 2002 (6 U.S.C. 341-345), 
     $245,579,000: Provided, That of the total amount provided, 
     $65,081,000 shall remain available until expended solely for 
     the alteration and improvement of facilities and for 
     relocation costs to consolidate the Department's 
     headquarters' operations.

                 Department-Wide Technology Investments

       For development and acquisition of information technology 
     equipment, software, services, and related activities for the 
     Department of Homeland Security, and for the costs of 
     conversion to narrowband communications, including the cost 
     for operation of the land mobile radio legacy systems, 
     $222,000,000, to remain available until expended.

                      Office of Inspector General


                           Operating Expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $82,317,000, of which not to exceed 
     $100,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   BORDER AND TRANSPORTATION SECURITY

  Office of the Under Secretary for Border and Transportation Security

                         salaries and expenses

       For necessary expenses of the Office of the Under Secretary 
     for Border and Transportation Security, as authorized by 
     subtitle A of title IV of the Homeland Security Act of 2002 
     (6 U.S.C. 201 et seq.), $8,864,000.


    United States Visitor and Immigrant Status Indicator Technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1221 note), $340,000,000, to remain available until 
     expended.


                     Customs and Border Protection

                         Salaries and Expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, and agricultural 
     inspections and regulatory activities related to plant and 
     animal imports; acquisition, lease, maintenance and operation 
     of aircraft; purchase and lease of up to 4,500 (3,935 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $4,466,960,000; of 
     which $3,000,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 and 
     notwithstanding section 1511(e)(1) of the Homeland Security 
     Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 
     $40,000 shall be for official reception and representation 
     expenses; of which not to exceed $126,162,000 shall remain 
     available until September 30, 2006, for inspection and 
     surveillance technology, and equipment for the Container 
     Security Initiative; of which such sums as become available 
     in the Customs User Fee Account, except sums subject to 
     section 13031(f)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be 
     derived from that account; of which not to exceed $150,000 
     shall be available for payment for rental space in connection 
     with preclearance operations; of which not to exceed 
     $1,000,000 shall be for awards of compensation to informants, 
     to be accounted for solely under the certificate of the Under 
     Secretary for Border and Transportation Security; and of 
     which not to

[[Page 18565]]

     exceed $5,000,000 shall be available for payments or advances 
     arising out of contractual or reimbursable agreements with 
     State and local law enforcement agencies while engaged in 
     cooperative activities related to immigration: Provided, That 
     none of the funds appropriated shall be available to 
     compensate any employee for overtime in an annual amount in 
     excess of $30,000, except that the Under Secretary for Border 
     and Transportation Security may exceed that amount as 
     necessary for national security purposes and in cases of 
     immigration emergencies: Provided further, That of the total 
     amount provided, $12,725,000 shall be for activities to 
     enforce laws against forced child labor in fiscal year 2005, 
     of which not to exceed $4,000,000 shall remain available 
     until expended: Provided further, That of the total amount 
     provided, not less than $4,750,000 may be for the enforcement 
     of the textile transshipment provisions provided for in 
     chapter 5 of title III of the Customs Border Security Act of 
     2002 (Public Law 107-210; 116 Stat. 988 et seq.).


                        Automation Modernization

       For expenses for customs and border protection automated 
     systems, $449,909,000, to remain available until expended, of 
     which not less than $321,690,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That none 
     of the funds appropriated under this heading may be obligated 
     for the Automated Commercial Environment until the Committees 
     on Appropriations of the Senate and the House of 
     Representatives receive and approve a plan for expenditure 
     prepared by the Under Secretary for Border and Transportation 
     Security that:
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 3;
       (2) complies with the Bureau of Customs and Border 
     Protection's enterprise information systems architecture;
       (3) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government;
       (4) is reviewed and approved by the Bureau of Customs and 
     Border Protection Investment Review Board, the Department of 
     Homeland Security, and the Office of Management and Budget; 
     and
       (5) is reviewed by the Government Accountabililty Office.


                              Construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $91,718,000, to remain available 
     until expended.


                  Immigration and Customs Enforcement

                         Salaries and Expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations; and 
     purchase and lease of up to 2,300 (2,000 for replacement 
     only) police-type vehicles, $2,413,438,000, of which not to 
     exceed $5,000,000 shall be available until expended for 
     conducting special operations pursuant to section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
     not to exceed $15,000 shall be for official reception and 
     representation expenses; of which not to exceed $1,000,000 
     shall be for awards of compensation to informants, to be 
     accounted for solely under the certificate of the Under 
     Secretary for Border and Transportation Security; of which 
     not less than $102,000 shall be for promotion of public 
     awareness of the child pornography tipline; of which not less 
     than $203,000 shall be for Project Alert; of which $5,000,000 
     shall be a grant for activities related to the investigations 
     of exploited children and shall remain available until 
     expended; and of which not to exceed $11,216,000 shall be 
     available to fund or reimburse other Federal agencies for the 
     costs associated with the care, maintenance, and repatriation 
     of smuggled illegal aliens: Provided, That none of the funds 
     appropriated shall be available to compensate any employee 
     for overtime in an annual amount in excess of $30,000, except 
     that the Under Secretary for Border and Transportation 
     Security may waive that amount as necessary for national 
     security purposes and in cases of immigration emergencies: 
     Provided further, That of the total amount provided, 
     $3,045,000 shall be for activities to enforce laws against 
     forced child labor in fiscal year 2005, of which not to 
     exceed $2,000,000 shall remain available until expended: 
     Provided further, That of the total amount provided for, not 
     less than $4,750,000 may be for the enforcement of the 
     textile transshipment provisions provided for in chapter 5 of 
     title III of the Customs Border Security Act of 2002 (Public 
     Law 107-210; 116 Stat. 988 et seq.).


                          Federal Air Marshals

       For necessary expenses of the Federal Air Marshals, 
     $662,900,000.


                       Federal Protective Service

       The revenues and collections of security fees credited to 
     this account, not to exceed $478,000,000, shall be available 
     until expended for necessary expenses related to the 
     protection of federally owned and leased buildings and for 
     the operations of the Federal Protective Service.


                        Automation Modernization

       For expenses of immigration and customs enforcement 
     automated systems, $39,605,000, to remain available until 
     expended.


 Air and Marine Interdiction, Operations, Maintenance, and Procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, and other related 
     equipment of the air and marine program, including 
     operational training and mission-related travel, and rental 
     payments for facilities occupied by the air or marine 
     interdiction and demand reduction programs, the operations of 
     which include the following: the interdiction of narcotics 
     and other goods; the provision of support to Federal, State, 
     and local agencies in the enforcement or administration of 
     laws enforced by the Bureau of Immigration and Customs 
     Enforcement; and at the discretion of the Under Secretary for 
     Border and Transportation Security, the provision of 
     assistance to Federal, State, and local agencies in other law 
     enforcement and emergency humanitarian efforts, $267,535,000, 
     to remain available until expended: Provided, That no 
     aircraft or other related equipment, with the exception of 
     aircraft that are one of a kind and have been identified as 
     excess to Bureau of Immigration and Customs Enforcement 
     requirements and aircraft that have been damaged beyond 
     repair, shall be transferred to any other Federal agency, 
     department, or office outside of the Department of Homeland 
     Security during fiscal year 2005 without the prior approval 
     of the Committees on Appropriations of the Senate and the 
     House of Representatives.


                              Construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $26,179,000, to remain available 
     until expended.

                 Transportation Security Administration


                           Aviation Security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597), $4,386,083,000, to 
     remain available until expended, of which not to exceed 
     $3,000 shall be for official reception and representation 
     expenses: Provided, That of the total amount provided under 
     this heading, not to exceed $2,076,733,000 shall be for 
     passenger screening activities; not to exceed $1,512,460,000 
     shall be for baggage screening activities, of which 
     $210,000,000 shall be available only for procurement of 
     checked baggage explosive detection systems and $75,000,000 
     shall be available only for installation of checked baggage 
     explosive detection systems; and not to exceed $796,890,000 
     shall be for airport security direction and enforcement 
     presence, of which $217,890,000 shall be available for 
     airport information technology: Provided further, That 
     security service fees authorized under section 44940 of title 
     49, United States Code, shall be credited to this 
     appropriation as offsetting collections: Provided further, 
     That, except as provided in the following proviso, the sum 
     herein appropriated from the General Fund shall be reduced on 
     a dollar-for-dollar basis as such offsetting collections are 
     received during fiscal year 2005, so as to result in a final 
     fiscal year appropriation from the General Fund estimated at 
     not more than $2,563,083,000: Provided further, That the 
     Government Accountability Office shall review, using a 
     methodology deemed appropriate by the Comptroller General, 
     the calendar year 2000 cost information for screening 
     passengers and property pursuant to section 44940(a)(2) of 
     title 49, United States Code, of air carriers and foreign air 
     carriers engaged in air transportation and intrastate air 
     transportation and report the information within six months 
     of enactment of the Act but no earlier than March 31, 2005, 
     to the Committees on Appropriations of the Senate and House 
     of Representatives and Committee on Commerce, Science, and 
     Transportation: Provided further, That the Comptroller 
     General, or any of the Comptroller General's duly authorized 
     representatives, shall have access, for the purpose of 
     reviewing such cost information, to the personnel and to the 
     books; accounts; documents; papers; records (including 
     electronic records); and automated data and files of such air 
     carriers, airport authorities, and their contractors; that 
     the Comptroller General deems relevant for purposes of 
     reviewing the information sought pursuant to the provisions 
     of the preceding proviso: Provided further, That the 
     Comptroller General may obtain and duplicate any such 
     records, documents, working papers, automated data and files, 
     or other information relevant to such reviews without cost to 
     the Comptroller General and the Comptroller General's right 
     of access to such information shall be enforceable pursuant 
     to section 716(c) of title 31, United States Code: Provided 
     further, That the Comptroller General shall maintain the same 
     level of confidentiality for information made available under 
     the preceding provisos as that required under section 716(e) 
     of title 31, United States Code: Provided further, That upon 
     the request of the Comptroller General, the Secretary of the 
     Department of Homeland Security shall transfer to the 
     Government Accountability Office from appropriations 
     available for administration expenses of the Transportation 
     Security Administration, the amount requested by the 
     Comptroller General, not to exceed $5,000,000, to cover the 
     full costs of any review and report of the calendar year 2000 
     cost information conducted by the Comptroller General, with 
     15 days advance notice by the Transportation Security 
     Administration to the Committees on Appropriations of the 
     Senate and House of Representatives: Provided further, That 
     the Comptroller General shall credit funds transferred under 
     the authority of the preceding proviso to the account 
     established for salaries and expenses of the Government 
     Accountability Office, and such amount shall be available 
     upon

[[Page 18566]]

     receipt and without fiscal year limitation to cover the full 
     costs of the review and report: Provided further, That any 
     funds transferred and credited under the authority of the 
     preceding provisos that are not needed for the Comptroller 
     General's performance of such review and report shall be 
     returned to the Department of Homeland Security and credited 
     to the appropriation from which transferred: Provided 
     further, That beginning with amounts due in calendar year 
     2005, if the result of this review is that an air carrier or 
     foreign air carrier has not paid the appropriate fee to the 
     Transportation Security Administration pursuant to section 
     44940(a)(2) of title 49 United States Code, the Secretary of 
     Homeland Security shall undertake all necessary actions to 
     ensure that such amounts are collected: Provided further, 
     That such collections received during fiscal year 2005 shall 
     be credited to this appropriation as offsetting collections 
     and shall be available only for security modifications at 
     commercial airports: Provided further, That if the Secretary 
     exercises his discretion to set the fee under 44940(a)(2) of 
     title 49 United States Code, such determination shall not be 
     subject to judicial review: Provided further, That any 
     security service fees collected pursuant to section 44940 of 
     title 49 note, United States Code, in excess of the amount 
     appropriated under this heading shall be treated as 
     offsetting collections in fiscal year 2006.


                       Maritime and Land Security

       For necessary expenses of the Transportation Security 
     Administration related to maritime and land transportation 
     security grants and services pursuant to the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597), $44,000,000: Provided, That not to exceed $53,000,000 
     may be provided for transportation worker identification 
     credentialing and $2,000,000 for tracking trucks carrying 
     hazardous material.
       In addition, fees authorized by section 520 of Public Law 
     108-90 shall be credited to this appropriation and shall be 
     available until expended: Provided, That in fiscal year 2005, 
     fee collections shall be used for initial administrative 
     costs of credentialing activities.


                              Intelligence

       For necessary expenses for intelligence activities pursuant 
     to the Aviation and Transportation Security Act (Public Law 
     107-71; 115 Stat. 597), $14,000,000.


                        Research and Development

       For necessary expenses for research and development related 
     to transportation security, $181,000,000, to remain available 
     until expended: Provided, That of the total amount provided 
     under this heading, $57,000,000 shall be available for the 
     research and development of explosive detection devices.


                             Administration

       For necessary administrative expenses of the Transportation 
     Security Administration to carry out the Aviation and 
     Transportation Security Act (Public Law 107-71; 115 Stat. 
     597), $534,852,000.

                       United States Coast Guard


                           Operating Expenses

       For necessary expenses for the operation and maintenance of 
     the Coast Guard not otherwise provided for, purchase or lease 
     of not to exceed 25 passenger motor vehicles for replacement 
     only; payments pursuant to section 156 of Public Law 97-377 
     (42 U.S.C. 402 note), section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and recreation and welfare, 
     $5,153,220,000, of which $1,090,000,000 shall be for defense-
     related activities; of which $24,500,000 shall be derived 
     from the Oil Spill Liability Trust Fund; and of which not to 
     exceed $3,000 shall be for official reception and 
     representation expenses: Provided, That none of the funds 
     appropriated by this or any other Act shall be available for 
     administrative expenses in connection with shipping 
     commissioners in the United States: Provided further, That 
     none of the funds provided by this Act shall be available for 
     expenses incurred for yacht documentation under section 12109 
     of title 46, United States Code, except to the extent fees 
     are collected from yacht owners and credited to this 
     appropriation: Provided further, That notwithstanding section 
     1116(c) of title 10, United States Code, amounts made 
     available under this heading may be used to make payments 
     into the Department of Defense Medicare-Eligible Retiree 
     Health Care Fund for fiscal year 2005 under section 1116(a) 
     of such title: Provided further, That not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives, a report on opportunities for integrating 
     the process by which the Coast Guard issues letters of 
     recommendation for proposed liquefied natural gas marine 
     terminals, including the elements of such process relating to 
     vessel transit, facility security assessment and facility 
     security plans under the Maritime Transportation Security 
     Act, and the process by which the Federal Energy Regulatory 
     Commission issues permits for such terminals under the 
     National Environmental Policy Act: Provided further, That the 
     report shall include an examination of the advisability of 
     requiring that activities of the Coast Guard relating to 
     vessel transit, facility security assessment and facility 
     security plans under the Maritime Transportation Security Act 
     be completed for a proposed liquefied natural gas marine 
     terminal before a final environmental impact statement for 
     such terminal is published under the Federal Energy 
     Regulatory Commission process.


                Environmental Compliance and Restoration

       For necessary expenses to carry out the Coast Guard's 
     environmental compliance and restoration functions under 
     chapter 19 of title 14, United States Code, $17,000,000, to 
     remain available until expended.


                            Reserve Training

       For necessary expenses of the Coast Guard Reserve, as 
     authorized by law; operations and maintenance of the reserve 
     program, personnel and training costs, equipment, and 
     services, $117,000,000.


              Acquisition, Construction, and Improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law, 
     $1,062,550,000, of which $20,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund; of which $19,750,000 
     shall be available until September 30, 2009, to acquire, 
     repair, renovate, or improve vessels, small boats, and 
     related equipment; of which $3,800,000 shall be available 
     until September 30, 2009, to increase aviation capability; of 
     which $185,000,000 shall be available until September 30, 
     2007, for other equipment; of which $5,000,000 shall be 
     available until September 30, 2007, for shore facilities and 
     aids to navigation facilities; of which $73,000,000 shall be 
     available for personnel compensation and benefits and related 
     costs; of which $776,000,000 shall be available until 
     September 30, 2009, for the Integrated Deepwater Systems 
     program: Provided, That the Commandant of the Coast Guard is 
     authorized to dispose of surplus real property, by sale or 
     lease, and the proceeds shall be credited to this 
     appropriation as offsetting collections and shall be 
     available until September 30, 2007, only for Rescue 21: 
     Provided further, That the budget for fiscal year 2006 that 
     is submitted under section 1105(a) of title 31, United States 
     Code, may include an amount for the Coast Guard that is 
     sufficient to fund delivery of a long-term maritime patrol 
     aircraft capability that is consistent with the original 
     procurement plan for the CN-235 aircraft beyond the three 
     aircraft already funded in previous fiscal years.


                         Alteration of Bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, $15,400,000, to remain available until 
     expended.


              Research, Development, Test, and Evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation, and for maintenance, 
     rehabilitation, lease and operation of facilities and 
     equipment, as authorized by law, $18,500,000, to remain 
     available until expended, of which $2,000,000 shall be 
     derived from the Oil Spill Liability Trust Fund: Provided, 
     That there may be credited to and used for the purposes of 
     this appropriation funds received from State and local 
     governments, other public authorities, private sources, and 
     foreign countries, for expenses incurred for research, 
     development, testing, and evaluation.


                              Retired Pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses under the National Defense Authorization Act, 
     and payments for medical care of retired personnel and their 
     dependents under chapter 55 of title 10, United States Code, 
     $1,085,460,000.

                      United States Secret Service


                         Salaries and Expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 610 vehicles for police-
     type use, which shall be for replacement only, and hire of 
     passenger motor vehicles; purchase of American-made sidecar 
     compatible motorcycles; hire of aircraft; services of expert 
     witnesses at such rates as may be determined by the Director; 
     rental of buildings in the District of Columbia, and fencing, 
     lighting, guard booths, and other facilities on private or 
     other property not in Government ownership or control, as may 
     be necessary to perform protective functions; payment of per 
     diem or subsistence allowances to employees where a 
     protective assignment during the actual day or days of the 
     visit of a protectee require an employee to work 16 hours per 
     day or to remain overnight at his or her post of duty; 
     conduct of and participation in firearms matches; 
     presentation of awards; travel of Secret Service employees on 
     protective missions without regard to the limitations on such 
     expenditures in this or any other Act if approval is obtained 
     in advance from the Committees on Appropriations of the 
     Senate and the House of Representatives; research and 
     development; grants to conduct behavioral research in support 
     of protective research and operations; and payment in advance 
     for commercial accommodations as may be necessary to perform 
     protective functions, $1,159,125,000, of which not to exceed 
     $25,000 shall be for official reception and representation 
     expenses; of which not to exceed $100,000 shall be to provide 
     technical assistance and equipment to foreign law enforcement 
     organizations in counterfeit investigations; of which 
     $2,100,000 shall be for forensic and related support of 
     investigations of missing and exploited children: Provided, 
     That up to $18,000,000 provided for protective travel shall 
     remain available until

[[Page 18567]]

     September 30, 2006: Provided further, That the United States 
     Secret Service is authorized to obligate funds in 
     anticipation of reimbursements from agencies and entities, as 
     defined in section 105 of title 5, United States Code, 
     receiving training sponsored by the James J. Rowley Training 
     Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available under this heading at the end of the fiscal year.


     Acquisition, Construction, Improvements, and Related Expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $3,633,000, to remain available until expended.

                  TITLE III--PREPAREDNESS AND RECOVERY

   Office of State and Local Government Coordination and Preparedness


                     Management and Administration

       For necessary expenses for the Office of State and Local 
     Government Coordination and Preparedness, $25,000,000.


                        State and Local Programs

       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $2,845,081,000, which shall be 
     allocated as follows:
       (1) $970,000,000 for formula-based grants and $400,000,000 
     for law enforcement terrorism prevention grants pursuant to 
     section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714), of 
     which $50,000,000 shall be used for grants to identify, 
     acquire, and transfer homeland security technology, 
     equipment, and information to State and local law enforcement 
     agencies: Provided, That the application for grants shall be 
     made available to states within 45 days after enactment of 
     this Act; that States shall submit applications within 45 
     days after the grant announcement; and that the Office of 
     State and Local Government Coordination and Preparedness 
     shall act within 15 days after receipt of an application: 
     Provided further, That each State shall obligate not less 
     than 80 percent of the total amount of the grant to local 
     governments within 60 days after the grant award; and
       (2) $1,200,000,000 for discretionary grants for use in 
     high-threat, high-density urban areas, as determined by the 
     Secretary of Homeland Security: Provided, That $150,000,000 
     shall be for port security grants; $15,000,000 shall be for 
     trucking industry security grants; $10,000,000 shall be for 
     intercity bus security grants; and $150,000,000 shall be for 
     intercity passenger rail transportation (as defined in 
     section 24102(5) of title 49, United States Code), freight 
     rail, and transit security grants: Provided further, That no 
     less than 80 percent of any grant to a State shall be made 
     available by the State to local governments within 60 days 
     after the receipt of the funds: Provided further, That 
     section 1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 
     3714(c)(3)) shall not apply to these grants;
       (3) $275,081,000 for training, exercises, technical 
     assistance, and other programs:
     Provided, That none of the grants provided under this heading 
     shall be used for the construction or renovation of 
     facilities: Provided further, That notwithstanding the 
     previous proviso, funds under this heading may be used for a 
     minor perimeter security project, the cost of which shall not 
     exceed $1,000,000, as deemed necessary by the Secretary of 
     Homeland Security: Provided further, That funds under this 
     heading may be used to provide a reasonable stipend to part-
     time and volunteer first responders who are not otherwise 
     compensated for travel to or participation in terrorism 
     response courses approved by the Office for Domestic 
     Preparedness, which stipend shall not be paid if such first 
     responder is otherwise compensated by an employer for such 
     time and shall not be considered compensation for purposes of 
     rendering such first responder an employee under the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 201 et seq.): Provided 
     further, That grantees shall provide additional reports on 
     their use of funds, as deemed necessary by the Secretary: 
     Provided further, That not to exceed 10 percent of funds 
     appropriated for law enforcement terrorism prevention grants 
     under paragraph (1) and discretionary grants under paragraph 
     (2) of this heading shall be available for operational costs, 
     to include personnel overtime and overtime associated with 
     Office of State and Local Government Coordination and 
     Preparedness certified training, as needed.


                     Firefighter Assistance Grants

       For necessary expenses for programs authorized by section 
     33 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229), $700,000,000, to remain available until 
     September 30, 2006: Provided, That not to exceed 5 percent of 
     this amount shall be available for program administration.


               Fire Department Staffing Assistance Grants

       For necessary expenses for programs authorized by section 
     34 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a), to remain available until September 30, 2006, 
     $100,000,000: Provided, That not to exceed 5 percent of this 
     amount shall be available for program administration: 
     Provided, further, That the amount appropriated by title I 
     under the heading ``Office of the Under Secretary for 
     Management'' is hereby reduced by $70,000,000, the amount 
     appropriated by title IV under the heading ``Information 
     Analysis and Infrastructure Protection Management and 
     Administration'' is hereby reduced by $20,000,000, and the 
     amount appropriated by title IV under the heading ``Science 
     and Technology Management and Administration'' is hereby 
     reduced by $10,000,000.


                Emergency Management Performance Grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reductions Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $180,000,000: Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     appropriation.


                         Counterterrorism Fund

       For necessary expenses, as determined by the Secretary of 
     Homeland Security, to reimburse any Federal agency for the 
     costs of providing support to counter, investigate, or 
     respond to unexpected threats or acts of terrorism, including 
     payment of rewards in connection with these activities, 
     $10,000,000, to remain available until expended: Provided, 
     That the Secretary shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     15 days prior to the obligation of any amount of these funds 
     in accordance with section 502 of this Act.

                  EMERGENCY PREPAREDNESS AND RESPONSE

 Office of the Under Secretary for Emergency Preparedness and Response

       For necessary expenses for the Office of the Under 
     Secretary for Emergency Preparedness and Response, as 
     authorized by section 502 of the Homeland Security Act of 
     2002 (6 U.S.C. 312), $4,211,000.


            Preparedness, Mitigation, Response, and Recovery

       For necessary expenses for preparedness, mitigation, 
     response, and recovery activities of the Directorate of 
     Emergency Preparedness and Response, $231,499,000, including 
     activities authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Production 
     Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 
     303 of the National Security Act of 1947 (50 U.S.C. 404, 
     405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and 
     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): 
     Provided, That of the total amount appropriated, $30,000,000 
     shall be for Urban Search and Rescue Teams, of which not to 
     exceed 3 percent may be made available for administrative 
     costs.


                 Administrative and Regional Operations

       For necessary expenses for administrative and regional 
     operations of the Emergency Preparedness and Response 
     Directorate, $196,939,000, including activities authorized by 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.), the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), the Defense Production Act of 1950 (50 U.S.C. 
     App. 2061 et seq.), sections 107 and 303 of the National 
     Security Act of 1947 (50 U.S.C. 404, 405), Reorganization 
     Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security 
     Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to 
     exceed $3,000 shall be for official reception and 
     representation expenses.


                         Public Health Programs

       For necessary expenses for countering potential biological, 
     disease, and chemical threats to civilian populations, 
     $34,000,000.


              Radiological Emergency Preparedness Program

       The aggregate charges assessed during fiscal year 2005, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall 
     not be less than 100 percent of the amounts anticipated by 
     the Department of Homeland Security necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year: Provided, That the methodology for assessment 
     and collection of fees shall be fair and equitable; and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees: Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2005, 
     and remain available until expended.


                            Disaster Relief

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $2,221,000,000 to remain available 
     until expended, of which $70,000,000 is designated by 
     Congress as an emergency requirement under section 502(c) of 
     H. Con. Res. 95 (108th Cong.) and shall be made available for 
     a grant to the American Red Cross for disaster relief, 
     recovery expenditures, and emergency services in response to 
     Tropical Storm Bonnie, Hurricane Charley, and Hurricane 
     Frances.


            Disaster Assistance Direct Loan Program Account

       For administrative expenses to carry out the direct loan 
     program, as authorized by section 319 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5162), $567,000: Provided, That gross obligations for 
     the principal amount of direct loans shall not

[[Page 18568]]

     exceed $25,000,000: Provided further, That the cost of 
     modifying such loans shall be as defined in section 502 of 
     the Congressional Budget Act of 1974 (2 U.S.C. 661a).


                      Flood Map Modernization Fund

       For necessary expenses pursuant to section 1360 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4101), 
     $200,000,000, and such additional sums as may be provided by 
     State and local governments or other political subdivisions 
     for cost-shared mapping activities under section 1360(f)(2) 
     of such Act, to remain available until expended: Provided, 
     That total administrative costs shall not exceed 3 percent of 
     the total appropriation.


                     National Flood Insurance Fund

                     (including transfer of funds)

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), not to exceed $33,336,000 for 
     salaries and expenses associated with flood mitigation and 
     flood insurance operations; and not to exceed $79,257,000 for 
     flood hazard mitigation, to remain available until September 
     30, 2006, including up to $20,000,000 for expenses under 
     section 1366 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4104c), which amount shall be available for transfer 
     to the National Flood Mitigation Fund until September 30, 
     2006, and which amount shall be derived from offsetting 
     collections assessed and collected pursuant to section 1307 
     of that Act (42 U.S.C. 4014), and shall be retained and used 
     for necessary expenses under this heading: Provided, That in 
     fiscal year 2005, no funds in excess of: (1) $55,000,000 for 
     operating expenses; (2) $562,881,000 for agents' commissions 
     and taxes; and (3) $30,000,000 for interest on Treasury 
     borrowings shall be available from the National Flood 
     Insurance Fund.


                           Mitigation Grants

       For activities designed to reduce the risk of flood damage 
     to structures pursuant to the National Flood Insurance Act of 
     1968, notwithstanding subsections (b)(3) and (f) of section 
     1366, and for a pre-disaster mitigation grant program 
     pursuant to title II of the Disaster Relief Act of 1974 (42 
     U.S.C. 5131 et seq.), $170,000,000, of which $20,000,000 
     shall be derived from the National Flood Insurance Fund, to 
     remain available until September 30, 2006, and $150,000,000, 
     to remain available until expended, for the Pre-Disaster 
     Mitigation Fund: Provided, That grants made for pre-disaster 
     mitigation shall be awarded on a competitive basis subject to 
     the criteria in section 203(g) of the Disaster Relief Act of 
     1974 (42 U.S.C. 5133(g)), and notwithstanding section 203(f) 
     of such Act, shall be made without reference to State 
     allocations, quotas, or other formula-based allocation of 
     funds: Provided further, That total administrative costs for 
     pre-disaster mitigation shall not exceed 3 percent of the 
     total appropriation.


                       Emergency Food and Shelter

       To carry out an emergency food and shelter program pursuant 
     to subtitle B of title III of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11341 et seq.), 
     $153,000,000, to remain available until expended: Provided, 
     That total administrative costs shall not exceed 3.5 percent 
     of the total appropriation.

TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

                  Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services for backlog reduction activities, $140,000,000.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; purchase of not to 
     exceed 117 vehicles for police-type use and hire of passenger 
     motor vehicles; expenses for student athletic and related 
     activities; the conduct of and participation in firearms 
     matches and presentation of awards; public awareness and 
     enhancement of community support of law enforcement training; 
     room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal cell 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $181,440,000, of 
     which up to $36,174,000 for materials and support costs of 
     Federal law enforcement basic training shall remain available 
     until September 30, 2006; and of which not to exceed $12,000 
     shall be for official reception and representation expenses: 
     Provided, That the Center is authorized to obligate funds in 
     anticipation of reimbursements from agencies receiving 
     training sponsored by the Center, except that total 
     obligations at the end of the fiscal year shall not exceed 
     total budgetary resources available at the end of the fiscal 
     year.


     Acquisition, Construction, Improvements, and Related Expenses

       For acquisition of necessary additional real property and 
     facilities, construction, and ongoing maintenance, facility 
     improvements, and related expenses of the Federal Law 
     Enforcement Training Center, $42,917,000, to remain available 
     until expended: Provided, That the Center is authorized to 
     accept reimbursement to this appropriation from government 
     agencies requesting the construction of special use 
     facilities.

           Information Analysis and Infrastructure Protection


                     Management and Administration

       For necessary expenses of the Directorate of Information 
     Analysis and Infrastructure Protection, including the 
     immediate Office of the Under Secretary for Information 
     Analysis and Infrastructure Protection, for management and 
     administration of programs and activities, as authorized by 
     title II of the Homeland Security Act of 2002 (6 U.S.C. 121 
     et seq.), $157,064,000.


                      Assessments and Evaluations

       For necessary expenses for information analysis and 
     infrastructure protection as authorized by title II of the 
     Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $718,512,000, to remain available until September 30, 2006, 
     of which not to exceed $20,000 may be used for official 
     reception and representation expenses: Provided, That none of 
     the funds available under this heading shall be available for 
     sole-source contractual agreements unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such decision, or the 
     Secretary of Homeland Security certifies to the Committee 
     that such agreement is necessary to respond to a national 
     emergency or prevent an impending terrorist attack.

                         Science and Technology


                     Management and Administration

       For salaries and expenses of the immediate Office of the 
     Under Secretary for Science and Technology and for management 
     and administration of programs and activities, as authorized 
     by title III of the Homeland Security Act of 2002 (6 U.S.C. 
     181 et seq.), $52,550,000.

           Research, Development, Acquisition and Operations

       For expenses of science and technology research, including 
     advanced research projects; development; test and evaluation; 
     acquisition; operations; and all salaries and expenses for 
     field personnel, as authorized by title III of the Homeland 
     Security Act of 2002 (6 U.S.C. 181 et seq.), $1,016,647,000, 
     to remain available until expended.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2005, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds for any program, 
     project, or activity for which funds have been denied or 
     restricted by the Congress; (4) proposes to use funds 
     directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) relocates an office or employees; or (6) contracts out or 
     privatizes any functions or activities presently performed by 
     Federal employees, unless the Committees on Appropriations of 
     the Senate and the House of Representatives are notified 15 
     days in advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriation Acts to the agencies in or transferred 
     to the Department of Homeland Security that remain available 
     for obligation or expenditure in fiscal year 2005, or 
     provided from any accounts in the Treasury of the United 
     States derived by the collection of fees available to the 
     agencies funded by this Act, shall be available for 
     obligation or expenditure for programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $5,000,000 or 10 percent, whichever is less, that: (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by the Congress; or (3) results from any general 
     savings from a reduction in personnel that would result in a 
     change in existing programs, projects, or activities as 
     approved by the Congress, unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriations, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) of this section 
     and shall not be available for obligation unless the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     transfer.
       Sec. 503. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2005 from appropriations 
     for salaries and expenses for fiscal year 2005 in this Act 
     shall remain available through September 30, 2006, in the 
     account and for the purposes for which the appropriations 
     were provided: Provided, That prior to the obligation of such 
     funds, a request shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for approval in accordance with section 502 of this Act.
       Sec. 504. Funds made available by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of

[[Page 18569]]

     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) during fiscal year 2005 until the enactment of an Act 
     authorizing intelligence activities for fiscal year 2005.
       Sec. 505. The Federal Law Enforcement Training Center shall 
     establish an accrediting body, to include representatives 
     from the Federal law enforcement community and non-Federal 
     accreditation experts involved in law enforcement training, 
     to establish standards for measuring and assessing the 
     quality and effectiveness of Federal law enforcement training 
     programs, facilities, and instructors.
       Sec. 506. None of the funds in this Act may be used to make 
     a grant allocation, discretionary grant award, discretionary 
     contract award, or to issue a letter of intent totaling in 
     excess of $1,000,000 unless the Secretary of Homeland 
     Security notifies the Committees on Appropriations of the 
     Senate and House of Representatives at least 3 full business 
     days in advance: Provided, That no notification shall involve 
     funds that are not available for obligation.
       Sec. 507. Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training which cannot be accommodated in existing Center 
     facilities.
       Sec. 508. The Director of the Federal Law Enforcement 
     Training Center (FLETC) shall schedule basic and advanced law 
     enforcement training at all four training facilities under 
     FLETC's control to ensure that these training centers are 
     operated at the highest capacity throughout the fiscal year.
       Sec. 509. None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses of any 
     construction, repair, alteration, and acquisition project for 
     which a prospectus, if required by the Public Buildings Act 
     of 1959, has not been approved, except that necessary funds 
     may be expended for each project for required expenses for 
     the development of a proposed prospectus.
       Sec. 510. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pursue or adopt 
     guidelines or regulations requiring airport sponsors to 
     provide to the Transportation Security Administration without 
     cost building construction, maintenance, utilities and 
     expenses, or space in airport sponsor-owned buildings for 
     services relating to aviation security: Provided, That the 
     prohibition of funds in this section does not apply to--
       (1) negotiations between the agency and airport sponsors to 
     achieve agreement on ``below-market'' rates for these items, 
     or
       (2) space for necessary security checkpoints.
       Sec. 511. None of the funds in this Act may be used in 
     contravention of the applicable provisions of the Buy 
     American Act (41 U.S.C. 10a et seq.).
       Sec. 512. The Secretary of Homeland Security is directed to 
     research, develop, and procure certified systems to inspect 
     and screen air cargo on passenger aircraft at the earliest 
     date possible: Provided, That until such technology is 
     procured and installed, the Secretary shall take all possible 
     actions to prohibit high-risk cargo from being transported on 
     passenger aircraft.
       Sec. 513. None of the funds made available by this or 
     previous appropriations Acts may be obligated for contracting 
     out a full-time equivalent position of the Department of 
     Homeland Security for which funds have been made available 
     unless the Committees on Appropriations of the Senate and the 
     House of Representatives are notified 15 days in advance.
       Sec. 514. (a)None of the funds provided by this or previous 
     appropriations Acts may be obligated for deployment or 
     implementation, on other than a test basis, of the Computer 
     Assisted Passenger Prescreening System (CAPPS II) or Secure 
     Flight or other follow on/successor programs, that the 
     Transportation Security Administration (TSA) plans to utilize 
     to screen aviation passengers, until the Government 
     Accountability Office has reported to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that--
       (1) a system of due process exists whereby aviation 
     passengers determined to pose a threat are either delayed or 
     prohibited from boarding their scheduled flights by the TSA 
     may appeal such decision and correct erroneous information 
     contained in CAPPS II or Secure Flight or other follow on/
     successor programs;
       (2) the underlying error rate of the government and private 
     data bases that will be used both to establish identity and 
     assign a risk level to a passenger will not produce a large 
     number of false positives that will result in a significant 
     number of passengers being treated mistakenly or security 
     resources being diverted;
       (3) the TSA has stress-tested and demonstrated the efficacy 
     and accuracy of all search tools in CAPPS II or Secure Flight 
     or other follow on/successor programs and has demonstrated 
     that CAPPS II or Secure Flight or other follow on/successor 
     programs can make an accurate predictive assessment of those 
     passengers who may constitute a threat to aviation;
       (4) the Secretary of Homeland Security has established an 
     internal oversight board to monitor the manner in which CAPPS 
     II or Secure Flight or other follow on/successor programs are 
     being developed and prepared;
       (5) the TSA has built in sufficient operational safeguards 
     to reduce the opportunities for abuse;
       (6) substantial security measures are in place to protect 
     CAPPS II or Secure Flight or other follow on/successor 
     programs from unauthorized access by hackers or other 
     intruders;
       (7) the TSA has adopted policies establishing effective 
     oversight of the use and operation of the system;
       (8) there are no specific privacy concerns with the 
     technological architecture of the system; and
       (9) the TSA has, pursuant to the requirements of section 
     44903 (i)(2)(A) of title 49, United States Code, modified 
     CAPPS II or Secure Flight or other follow on/successor 
     programs with respect to intrastate transportation to 
     accommodate States with unique air transportation needs and 
     passengers who might otherwise regularly trigger primary 
     selectee status.
       (b) During the testing phase permitted by paragraph (a) of 
     this section, no information gathered from passengers, 
     foreign or domestic air carriers, or reservation systems may 
     be used to screen aviation passengers, or delay or deny 
     boarding to such passengers, except in instances where 
     passenger names are matched to a government watch list.
       (c) The Government Accountability Office shall submit the 
     report required under paragraph (a) of this section no later 
     than February 15, 2005.
       Sec. 515. Notwithstanding any other provisions of this Act, 
     none of the funds appropriated by this Act may be used to 
     make an award, pursuant to a competition under Office of 
     Management and Budget Circular A-76, to a source for the 
     performance of services that were provided as of June 1, 
     2004, by employees (including employees serving on a 
     temporary or term basis) of the Bureau of Citizenship and 
     Immigration Services of the Department of Homeland Security 
     known as of that date as Immigration Information Officers, 
     Contact Representatives, or Investigative Assistants unless--
       (1) the Secretary of Homeland Security submits to Congress, 
     not later than 60 days before making such award, a report 
     that describes--
       (A) the performance requirements for the services;
       (B) the estimated savings to be derived from the 
     performance of such services by that source;
       (C) the actions that are to be taken to effectuate the 
     transition to performance either by Federal Government 
     employees under the applicable most efficient organization 
     plan or by a contractor, as the case may be; and
       (D) the strategy for mitigating the adverse effects of such 
     award, if any, on Federal Government employees; and
       (2) the making of the award to that source will not result 
     in the closure of an immigration information service center 
     that was in operation on June 1, 2004.
       This section shall take effect one day after the date of 
     the bill's enactment.
       Sec. 516. 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. 517. Investigation of Shockoe Creek Drain Field, 
     Richmond, Virginia, as soon as practicable after the date of 
     enactment of this Act, the Director of the Federal Emergency 
     Management Agency shall conduct an investigation of the 
     Shockoe Creek drain field in Richmond, Virginia, to determine 
     means of preventing future damage in that area from floods 
     and other natural disasters.
       Sec. 518. (a) The total amount appropriated by title II for 
     the Office of the Under Secretary for Border and 
     Transportation Security under the heading ``air and marine 
     interdiction, operations, maintenance, and procurement'' is 
     hereby increased by $200,000,000. Of such total amount, as so 
     increased, $200,000,000 shall be available for the 
     establishment and operation of air bases in the States of 
     Michigan, Montana, New York, North Dakota, and Washington.
       (b) The total amount appropriated under the heading 
     ``immigration and customs enforcement, federal air marshals'' 
     is hereby increased by $50,000,000. Of such total amount, as 
     so increased, $50,000,000 is for the continued operations of 
     the Federal Air Marshals program.
       (c) The total amount appropriated under the heading 
     ``office of state and local government coordination and 
     preparedness, state and local programs'' is hereby increased 
     by $50,000,000. Of such total amount, as so increased, 
     $50,000,000 is for discretionary assistance to non-profit 
     organizations (as defined under section 501 (c)(3) of the 
     Internal Revenue Code of 1986) determined by the Secretary of 
     Homeland Security to be at high-risk of international 
     terrorist attacks.
       (d) The total amount appropriated under the heading 
     ``office of state and local government coordination and 
     preparedness, firefighter Assistance Grants'' is hereby 
     increased by $50,000,000. Of such total amount, as so 
     increased, $50,000,000 is for the program authorized by 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229).
       (e) The total amount appropriated under the heading 
     ``office of state and local government coordination and 
     preparedness, emergency management performance grants'' is 
     hereby increased by $20,000,000. Of such total amount, as so 
     increased, $20,000,000 is for emergency management 
     performance grants.
       (f) Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by striking ``March 1, 2005'' and inserting ``June 1, 2005''.

[[Page 18570]]

       Sec. 519. (a) The total amount appropriated under the 
     heading ``customs and border protection, salaries and 
     expenses'' is hereby increased by $150,000,000. Of such total 
     amount, as so increased, $50,000,000 is provided for 
     radiation detection devices, $50,000,000 is provided for 
     additional border inspectors, and $50,000,000 is provided for 
     additional border patrol agents.
       (b) The total amount appropriated under the heading 
     ``immigration and customs enforcement, salaries and 
     expenses'' is hereby increased by $100,000,000. Of such total 
     amount, as so increased, $50,000,000 is provided for 
     additional investigator personnel, and $50,000,000 is 
     provided for detention and removal bedspace and removal 
     operations.
       (c) The total amount appropriated under the heading 
     ``office of state and local government coordination and 
     preparedness, state and local programs'' is hereby increased 
     by $128,000,000. The total amount provided in the 
     aforementioned heading for discretionary grants is increased 
     by $128,000,000. Of that total amount, as so increased, the 
     amount for rail and transit security grants is increased by 
     $128,000,000.
       (d) The total amount appropriated under heading ``office of 
     state and local government coordination and preparedness, 
     emergency management performance grants'' is hereby increased 
     by $36,000,000. Of such total amount, as so increased, 
     $36,000,000 is provided for emergency management performance 
     grants.
       (e) In Section 1303 1(j)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 as amended by this Act, 
     strike ``June 1, 2005'' and insert ``September 30, 2005.''
       Sec. 520. Of the amount appropriated by title II for the 
     Office of the Under Secretary for Border and Transportation 
     Security under the heading ``air and marine interdiction, 
     operations, maintenance, and procurement'', $5,000,000 may be 
     used for a pilot project to test interoperable communications 
     between the first Northern Border Air Wing, Bellingham, 
     Washington, and local law enforcement personnel.
       Sec. 521. (a) The Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall--
       (1) develop and maintain an integrated strategic 
     transportation security plan; and
       (2) base future budget requests on the plan.
       (b) The integrated strategic transportation security plan 
     shall--
       (1) identify and evaluate the United States transportation 
     assets that need to be protected;
       (2) set risk-based priorities for defending the assets 
     identified;
       (3) select the most practical and cost-effective ways of 
     defending the assets identified; and
       (4) assign transportation security roles and missions to 
     the relevant Federal, State, regional, and local authorities 
     and to the private sector.
       (c) The Secretary of Homeland Security shall submit the 
     integrated strategic transportation security plan to Congress 
     not later than February 1, 2005 and shall submit updated 
     plans, including assessments of the progress made on 
     implementation of the plan, on the first day of February each 
     year thereafter. Any part of the plan that involves 
     information that is properly classified under criteria 
     established by Executive order shall be submitted to Congress 
     separately in classified form.
       Sec. 522. (a) Not later than 180 days after the end of 
     fiscal year 2005, the Secretary of Homeland Security shall 
     submit a report to Congress that describes the articles, 
     materials, and supplies acquired by the Department of 
     Homeland Security during fiscal year 2005 that were 
     manufactured outside of the United States.
       (b) The report submitted under subsection (a) shall 
     separately indicate--
       (1) the dollar value of each of the articles, materials, 
     and supplies acquired by the Department of Homeland Security 
     that were manufactured outside of the United States;
       (2) an itemized list of all waivers granted with respect to 
     such articles, materials, or supplies under the Buy American 
     Act (41 U.S.C. 10a et seq.); and
       (3) a summary of the total funds spent by the Department of 
     Homeland Security on goods manufactured within the United 
     States compared with funds spent by the Department of 
     Homeland Security on goods manufactured outside of the United 
     States.
       (c) The Secretary of Homeland Security shall make the 
     report submitted under this section publicly available to the 
     maximum extent practicable.
       Sec. 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. During fiscal year 2005, the Secretary of 
     Homeland Security and the Secretary of Defense shall permit 
     the New Mexico Army National Guard to continue performing 
     vehicle and cargo inspection activities in support of the 
     Bureau of Customs and Border Protection and the Bureau of 
     Immigration and Customs Enforcement under the authority of 
     the Secretary of Defense to support counterdrug activities of 
     law enforcement agencies.
       Sec. 525. (a) Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committees on Appropriations of 
     the Senate and the House of Representatives and to the 
     Committee on Governmental Affairs and the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Homeland Security of the House of Representatives on the 
     implementation of Homeland Security Presidential Directive 
     Seven.
       (b) The report under this section shall include--
       (1) the Department's plan and associated timeline for the 
     mapping of the United States critical infrastructure;
       (2) an assessment of the resource requirements of relevant 
     States, counties, and local governments so that full 
     participation by those entities may be integrated into the 
     plan;
       (3) the Department's plan for oversight of all geospatial 
     information systems management, procurement, and 
     interoperability; and
       (4) the timeline for creating the Department-wide 
     Geospatial Information System capability under the direction 
     of the Chief Information Officer.
       Sec. 526. Notwithstanding any other provision of law, the 
     fiscal year 2004 aggregate overtime limitation prescribed in 
     subsection 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     261 and 267) shall be $30,000 and the total amount 
     appropriated by title II under the heading ``Customs and 
     Border Protection Salaries and Expenses'' is hereby reduced 
     by $1,000,000.
       Sec. 527. Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     Secretary of Homeland Security shall provide to the Committee 
     on Commerce, Science, and Transportation and the Subcommittee 
     on Homeland Security of the Committee on Appropriations of 
     the Senate, a classified report on the number of individuals 
     serving as Federal Air Marshals. Such report shall include 
     the number of Federal Air Marshals who are women, minorities, 
     or employees of departments or agencies of the United States 
     Government other than the Department of Homeland Security, 
     the percentage of domestic and international flights that 
     have a Federal Air Marshal aboard, and the rate at which 
     individuals are leaving service as Federal Air Marshals.
       Sec. 528. (a) Congress finds that (1) there is a 
     disproportionate number of complaints against the 
     Transportation Security Administration for alleged violations 
     of equal employment opportunity and veterans preference laws 
     as those laws apply to employment of personnel in airport 
     screener positions in the Transportation Security 
     Administration, and (2) there is a significant backlog of 
     those complaints remaining unresolved.
       (b)(1) Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the personnel policies of the 
     Department of Homeland Security that apply to the employment 
     of airport screeners in the Transportation Security 
     Administration, particularly with regard to compliance with 
     equal employment opportunity and veterans preference laws.
       (2) The report under this subsection shall include an 
     assessment of the extent of compliance of the Transportation 
     Security Administration with equal employment opportunity and 
     veterans' preference laws as those laws apply to employment 
     of personnel in airport screener positions in the 
     transportation Security Administration, a discussion of any 
     systemic problems that could have caused the circumstances 
     giving rise to the disproportionate number of complaints 
     described in subsection (a), and the efforts of the Secretary 
     of Homeland Security and the Under Secretary for Border and 
     Transportation Security to eliminate the backlog of 
     unresolved complaints and to correct any systemic problems 
     identified in the report.
       (3) In conducting the review necessary for preparing the 
     report, the Comptroller General shall examine the experience 
     regarding the airport screener positions at particular 
     airports in various regions, including the Louis Armstrong 
     New Orleans International Airport.
       Sec. 529. No funds appropriated or otherwise made available 
     by this Act shall be used to pursue, implement, or enforce 
     any law, procedure, guideline, rule, regulation, or other 
     policy that exposes the identity of an air marshal to any 
     party not designated by the Secretary of the Department of 
     Homeland Security.
       Sec. 530. (a) The Secretary of Homeland Security, in 
     coordination with the head of the Transportation Security 
     Administration and the Under Secretary for Science and 
     Technology, shall prepare a report on protecting commercial 
     aircraft from the threat of man-portable air defense systems 
     (referred to in this section as ``MANPADS'').
       (b) The report required by subsection (a) shall include the 
     following:
       (1) An estimate of the number of organizations, including 
     terrorist organizations, that have access to MANPADS and a 
     description of the risk posed by each organization.
       (2) A description of the programs carried out by the 
     Secretary of Homeland Security to protect commercial aircraft 
     from the threat posed by MANPADS.
       (3) An assessment of the effectiveness and feasibility of 
     the systems to protect commercial aircraft under 
     consideration by the Under Secretary for Science and 
     Technology for use in phase II of the counter-MANPADS 
     development and demonstration program.
       (4) A justification for the schedule of the implementation 
     of phase II of the counter-MANPADS development and 
     demonstration program.
       (5) An assessment of the effectiveness of other technology 
     that could be employed on commercial aircraft to address the 
     threat posed by MANPADS, including such technology that is--

[[Page 18571]]

       (A) either active or passive;
       (B) employed by the Armed Forces; or
       (C) being assessed or employed by other countries.
       (6) An assessment of alternate technological approaches to 
     address such threat, including ground-based systems.
       (7) A discussion of issues related to any contractor 
     liability associated with the installation or use of 
     technology or systems on commercial aircraft to address such 
     threat.
       (8) A description of the strategies that the Secretary may 
     employ to acquire any technology or systems selected for use 
     on commercial aircraft at the conclusion of phase II of the 
     counter-MANPADS development and demonstration program, 
     including--
       (A) a schedule for purchasing and installing such 
     technology or systems on commercial aircraft; and
       (B) a description of--
       (i) the priority in which commercial aircraft will be 
     equipped with such technology or systems;
       (ii) any efforts to coordinate the schedules for installing 
     such technology or system with private airlines;
       (iii) any efforts to ensure that aircraft manufacturers 
     integrate such technology or systems into new aircraft; and
       (iv) the cost to operate and support such technology or 
     systems on a commercial aircraft.
       (9) A description of the plan to expedite the use of 
     technology or systems on commercial aircraft to address the 
     threat posed by MANPADS if intelligence or events indicate 
     that the schedule for the use of such technology or systems, 
     including the schedule for carrying out development and 
     demonstration programs by the Secretary, should be expedited.
       (10) A description of the efforts of the Secretary to 
     survey and identify the areas at domestic and foreign 
     airports where commercial aircraft are most vulnerable to 
     attack by MANPADS.
       (11) A description of the cooperation between the Secretary 
     and the Administrator of the Federal Aviation Administration 
     to certify the airworthiness and safety of technology and 
     systems to protect commercial aircraft from the risk posed by 
     MANPADS in an expeditious manner.
       (c) The report required by subsection (a) shall be 
     transmitted to Congress along with the budget for fiscal year 
     2006 submitted by the President pursuant to section 1105(a) 
     of title 31, United States Code.
       Sec. 531. None of the funds available in this Act shall be 
     available to maintain the United States Secret Service as 
     anything but a distinct entity within the Department of 
     Homeland Security and shall not be used to merge the United 
     States Secret Service with any other department function, 
     cause any personnel and operational elements of the United 
     States Secret Service to report to an individual other than 
     the Director of the United States Secret Service, or cause 
     the Director to report directly to any individual other than 
     the Secretary of Homeland Security.
       Sec. 532. Data-Mining Report. (a) Definitions.--In this 
     section:
       (1) Data-mining.--The term ``data-mining'' means a query or 
     search or other analysis of 1 or more electronic databases, 
     where--
       (A) at least 1 of the databases was obtained from or 
     remains under the control of a non-Federal entity, or the 
     information was acquired initially by another department or 
     agency of the Federal Government;
       (B) the search does not use a specific individual's 
     personal identifiers to acquire information concerning that 
     individual; and
       (C) a department or agency of the Federal Government or a 
     non-Federal entity acting on behalf of the Federal Government 
     is conducting the query or search or other analysis to find a 
     pattern indicating terrorist, criminal, or other law 
     enforcement related activity.
       (2) Database.--The term ``database'' does not include 
     telephone directories, information publicly available via the 
     Internet or available by any other means to any member of the 
     public without payment of a fee, or databases of judicial and 
     administrative opinions.
       (b) Reports on Data-Mining Activities.--
       (1) Requirement for report.--The head of each agency in the 
     Department of Homeland Security or the privacy officer, if 
     applicable, that is engaged in any activity to use or develop 
     data-mining technology shall each submit a public report to 
     Congress on all such activities of the agency under the 
     jurisdiction of that official.
       (2) Content of report.--A report submitted under paragraph 
     (1) shall include, for each activity to use or develop data-
     mining technology that is required to be covered by the 
     report, the following information:
       (A) A thorough description of the data-mining technology, 
     the plans for the use of such technology, the data that will 
     be used, and the target dates for the deployment of the data-
     mining technology.
       (B) An assessment of the likely impact of the 
     implementation of the data-mining technology on privacy and 
     civil liberties.
       (C) A thorough discussion of the policies, procedures, and 
     guidelines that are to be developed and applied in the use of 
     such technology for data-mining in order to--
       (i) protect the privacy and due process rights of 
     individuals; and
       (ii) ensure that only accurate information is collected and 
     used.
       (D) Any necessary classified information in an annex that 
     shall be available to the Committee on Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on 
     Appropriations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Appropriations of the House of Representatives.
       (3) Time for report.--Each report required under paragraph 
     (1) shall be submitted not later than 90 days after the end 
     of fiscal year 2005.
       Sec. 533. (a) Of any funds previously made available to the 
     Federal Emergency Management Agency in response to the 
     September 11, 2001, attacks in New York City, not less than 
     $4,450,000 shall be provided, subject to the request of the 
     Governor of New York, to those mental health counseling 
     service entities that have historically provided mental 
     health counseling through Project Liberty to personnel of the 
     New York City Police Department, the New York City Fire 
     Department, and other emergency services agencies, to 
     continue such counseling.
       Sec. 534. Sense of the Senate Concerning the American Red 
     Cross and Critical Biomedical Systems. (a) Findings.--The 
     Senate finds that--
       (1) the blood supply is a vital public health resource that 
     must be readily available at all times, particularly in 
     response to terrorist attacks and natural disasters;
       (2) the provision of blood is an essential part of the 
     critical infrastructure of the United States and must be 
     protected from threats of terrorism;
       (3) disruption of the blood supply or the compromising of 
     its integrity could have wide-ranging implications on the 
     ability of the United States to react in a crisis; and
       (4) the need exists to ensure that blood collection 
     facilities maintain adequate inventories to prepare for 
     disasters at all times in all locations.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Department of Homeland Security's Information 
     Analysis and Infrastructure Protection should consult with 
     the American Red Cross to--
       (1) identify critical assets and interdependencies;
       (2) perform vulnerability assessments; and
       (3) identify necessary resources to implement protective 
     measures to ensure continuity of operations and security of 
     information technology systems for blood and blood products.
       Sec. 535. It is the sense of the Senate that--
       (1) the Director of the Office for State and Local 
     Government Coordination and Preparedness be given limited 
     authority to approve requests from the senior official 
     responsible for emergency preparedness and response in each 
     State to reprogram funds appropriated for the State Homeland 
     Security Grant Program of the Office for State and Local 
     Government Coordination and Preparedness to address specific 
     security requirements that are based on credible threat 
     assessments, particularly threats that arise after the State 
     has submitted an application describing its intended use of 
     such grant funds;
       (2) for each State, the amount of funds reprogrammed under 
     this section should not exceed 10 percent of the total annual 
     allocation for such State under the State Homeland Security 
     Grant Program; and
       (3) before reprogramming funds under this section, a State 
     official described in paragraph (1) should consult with 
     relevant local officials.
       Sec. 536. Disaster Assistance Employee Cadres of Emergency 
     Preparedness and Response Directorate.
       (a) In General.--The Secretary of Homeland Security is 
     encouraged to place special emphasis on the recruitment of 
     American Indians, Alaska Natives, and Native Hawaiians for 
     positions within Disaster Assistance Employee cadres 
     maintained by the Emergency Preparedness and Response 
     Directorate.
       (b) Report.--The Secretary of Homeland Security shall 
     report periodically to the Senate and the House of 
     Representatives with respect to--
       (1) the representation of American Indians, Alaska Natives, 
     and Native Hawaiians in the Disaster Assistance Employee 
     cadres; and
       (2) the efforts of the Secretary of Homeland Security to 
     increase the representation of such individuals in the 
     cadres.
       Sec. 537. Sections 702 and 703 of the Homeland Security Act 
     of 2002 (6 U.S.C. 342 and 343) are amended by striking ``, or 
     to another official of the Department, as the Secretary may 
     direct'' each place it appears.
       Sec. 538. Section 208(a) of Public Law 108-137; 117 Stat. 
     1849 is amended by striking ``current'' and inserting 
     ``2005''.
       Sec. 539. Liaison for Disaster Emergencies. (a) Deployment 
     of Disaster Liaison.--If requested by the Governor or the 
     appropriate State agency of the affected State, the Secretary 
     of Agriculture may deploy disaster liaisons to State and 
     local Department of Agriculture Service Centers in a 
     federally declared disaster area whenever Federal Emergency 
     Management Agency Personnel are deployed in that area, to 
     coordinate Department programs with the appropriate disaster 
     agencies designated under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       (b) Qualifications.--A disaster liaison shall be selected 
     from among Department employees who have experience providing 
     emergency disaster relief in federally declared disaster 
     areas.
       (c) Duties.--A disaster liaison shall--
       (1) serve as a liaison to State and Federal Emergency 
     Services;
       (2) be deployed to a federally declared disaster area to 
     coordinate Department interagency programs in assistance to 
     agricultural producers in the declared disaster area;

[[Page 18572]]

       (3) facilitate the claims and applications of agricultural 
     producers who are victims of the disaster that are forwarded 
     to the Department by the appropriate State Department of 
     Agriculture agency director; and
       (4) coordinate with the Director of the State office of the 
     appropriate Department agency to assist with the application 
     for and distribution of economic assistance.
       (d) Duration of Deployment.--The deployment of a disaster 
     liaison under subsection (a) may not exceed 30 days.
       (e) Definition.--In this section, the term ``federally 
     declared disaster area'' means--
       (1) an area covered by a Presidential declaration of major 
     disaster, including a disaster caused by a wildfire, issued 
     under section 301 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5170); or
       (2) determined to be a disaster area, including a disaster 
     caused by a wildfire, by the Secretary under subpart A of 
     part 1945 of title 7, Code of Federal Regulations.

          TITLE VI--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

       Sec. 501. Crop Disaster Assistance. (a) Definitions.--In 
     this section:
       (1) Additional coverage.--The term ``additional coverage'' 
     has the meaning given the term in section 502(b) of the 
     Federal Crop Insurance Act (7 U.S.C. 1502(b)).
       (2) Insurable commodity.--The term ``insurable commodity'' 
     means an agricultural commodity (excluding livestock) for 
     which the producers on a farm are eligible to obtain a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.).
       (3) Noninsurable commodity.--The term ``noninsurable 
     commodity'' means an eligible crop for which the producers on 
     a farm are eligible to obtain assistance under section 196 of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (b) Emergency Financial Assistance.--Notwithstanding 
     section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(b)(7)), the Secretary of Agriculture (referred to in 
     this title as the ``Secretary'') shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make emergency financial assistance authorized under this 
     section available to producers on a farm that have incurred 
     qualifying crop or quality losses for the 2003 or 2004 crop 
     (as elected by a producer), but not both, due to damaging 
     weather or related condition, as determined by the Secretary.
       (c) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and quality 
     losses as were used in administering that section.
       (d) Reduction in Payments.--The amount of assistance that a 
     producer would otherwise receive for a qualifying crop or 
     quality loss under this section shall be reduced by the 
     amount of assistance that the producer receives under the 
     crop loss assistance program announced by the Secretary on 
     August 27, 2004.
       (e) Ineligibility for Assistance.--Except as provided in 
     subsection (f), the producers on a farm shall not be eligible 
     for assistance under this section with respect to losses to 
     an insurable commodity or noninsurable commodity if the 
     producers on the farm--
       (1) in the case of an insurable commodity, did not obtain a 
     policy or plan of insurance for the insurable commodity under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for 
     the crop incurring the losses; and
       (2) in the case of a noninsurable commodity, did not file 
     the required paperwork, and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity under section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the 
     crop incurring the losses.
       (f) Contract Waiver.--The Secretary may waive subsection 
     (e) with respect to the producers on a farm if the producers 
     enter into a contract with the Secretary under which the 
     producers agree--
       (1) in the case of an insurable commodity, to obtain a 
     policy or plan of insurance under the Federal Crop Insurance 
     Act (7 U.S.C. 1501 et seq.) providing additional coverage for 
     the insurable commodity for each of the next 2 crops; and
       (2) in the case of a noninsurable commodity, to file the 
     required paperwork and pay the administrative fee by the 
     applicable State filing deadline, for the noninsurable 
     commodity for each of the next 2 crops under section 196 of 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (g) Effect of Violation.--In the event of the violation of 
     a contract under subsection (f) by a producer, the producer 
     shall reimburse the Secretary for the full amount of the 
     assistance provided to the producer under this section.
       Sec. 502. Livestock Assistance Program. (a) In General.--
     The Secretary shall use such sums as are necessary of funds 
     of the Commodity Credit Corporation to make and administer 
     payments for livestock losses to producers for 2003 or 2004 
     losses (as elected by a producer), but not both, in a county 
     that has received an emergency designation by the President 
     or the Secretary after January 1, 2003, of which an amount 
     determined by the Secretary shall be made available for the 
     American Indian livestock program under section 806 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
       (c) Mitigation.--In determining the eligibility for or 
     amount of payments for which a producer is eligible under the 
     livestock assistance program, the Secretary shall not 
     penalize a producer that takes actions (recognizing disaster 
     conditions) that reduce the average number of livestock the 
     producer owned for grazing during the production year for 
     which assistance is being provided.
       Sec. 503. Tree Assistance Program. The Secretary shall use 
     such sums as are necessary of the funds of the Commodity 
     Credit Corporation to provide assistance under the tree 
     assistance program established under subtitle C of title X of 
     the Farm Security and Rural Investment Act of 2002 to 
     producers who suffered tree losses during the winter of 2003 
     through 2004.
       Sec. 504. Commodity Credit Corporation. The Secretary shall 
     use the funds, facilities, and authorities of the Commodity 
     Credit Corporation to carry out this title.
       Sec. 505. Regulations. (a) In General.--The Secretary may 
     promulgate such regulations as are necessary to implement 
     this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.
       Sec. 506. Emergency Designation. Amounts appropriated or 
     otherwise made available in this title are each designated as 
     an emergency requirement pursuant to section 402 of S. Con. 
     Res. 95 (108th Congress), as made applicable to the House of 
     Representatives by H. Res. 649 (108th Congress) and 
     applicable to the Senate by section 14007 of the Department 
     of Defense Appropriations Act, 2005 (Public Law 108-287; 118 
     Stat. 1014).
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2005''.

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