[DOCID: f:publ334.108]

[[Page 1297]]

        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2005

[[Page 118 STAT. 1298]]

Public Law 108-334
108th Congress

                                 An Act


 
 Making appropriations for the Department of Homeland Security for the 
          fiscal year ending September 30, 2005, and for other 
            purposes. <<NOTE: Oct. 18, 2004 -  [H.R. 4567]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Homeland Security Appropriations Act, 2005.>> That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2005, and for other purposes, namely:

             TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $85,034,000: Provided, That not 
to exceed $40,000 shall be for official reception and representation 
expenses.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701-705 of the Homeland Security 
Act of 2002 (6 U.S.C. 341-345), $151,153,000: Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount provided, 
$65,081,000 shall remain available until expended solely for the 
alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations.

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
as authorized by section 103 of the Homeland Security Act of 2002 (6 
U.S.C. 113), $13,000,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$275,270,000; of which $67,270,000 shall be available for salaries and 
expenses; and of which $208,000,000 shall be available

[[Page 118 STAT. 1299]]

for development and acquisition of information technology equipment, 
software, services, and related activities for the Department of 
Homeland Security, and for the costs of conversion to narrowband 
communications, including the cost for operation of the land mobile 
radio legacy systems, to remain available until expended: Provided, That 
none of the funds appropriated shall be used to support or supplement 
the appropriations provided for the United States Visitor and Immigrant 
Status Indicator Technology project or the Automated Commercial 
Environment.

                       Office of Inspector General

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

           TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   BORDER AND TRANSPORTATION SECURITY

  Office of the Under Secretary for Border and Transportation Security

                          salaries and expenses

    For necessary expenses of the Office of the Under Secretary for 
Border and Transportation Security, as authorized by subtitle A of title 
IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), 
$9,617,000: Provided, That not to exceed $3,000 shall be for official 
                 reception and representation expenses.

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as authorized 
by section 110 of the Illegal Immigration Reform and Immigration 
Responsibility Act of 1996 (8 U.S.C. 1221 note), $340,000,000, to remain 
available until expended: Provided, That of the funds appropriated under 
this heading, $254,000,000 may not be obligated for the United States 
Visitor and Immigrant Status Indicator Technology project until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure prepared by 
the Secretary of Homeland Security that:
            (1) meets the capital planning and investment control review 
        requirements established by the Office of Management and Budget, 
        including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;

[[Page 118 STAT. 1300]]

            (4) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (5) is reviewed by the Government Accountability Office.

                      Customs and Border Protection

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,534,119,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of 
which not to exceed $35,000 shall be for official reception and 
representation expenses; of which not less than $131,436,000 shall be 
for Air and Marine Operations; of which not to exceed $156,162,000 shall 
remain available until September 30, 2006, for inspection and 
surveillance technology, unmanned aerial vehicles, and equipment for the 
Container Security Initiative; of which such sums as become available in 
the Customs User Fee Account, except sums subject to section 13031(f)(3) 
of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account; of which not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations; of which not to exceed $1,000,000 shall be 
for awards of compensation to informants, to be accounted for solely 
under the certificate of the Under Secretary for Border and 
Transportation Security; and of which not to exceed $5,000,000 shall be 
available for payments or advances arising out of contractual or 
reimbursable agreements with State and local law enforcement agencies 
while engaged in cooperative activities related to immigration: 
Provided, That for fiscal year 2005, the aggregate overtime limitation 
prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $35,000; and notwithstanding any other provision of 
law, none of the funds appropriated in this Act may be available to 
compensate any employee of the Bureau of Customs and Border Protection 
for aggregate overtime and premium pay, from whatever source, in an 
amount that exceeds such limitation, except in individual cases 
determined by the Under Secretary for Border and Transportation 
Security, or a designee, to be necessary for national security purposes, 
to prevent excessive costs, or in cases of immigration emergencies: 
Provided further, That of the total amount provided, $12,725,000 shall 
be for activities to enforce laws against forced child labor in fiscal 
year 2005, of which not to exceed $4,000,000 shall remain available 
until expended: Provided further, That none of the funds appropriated in 
this Act may be obligated to construct permanent Border Patrol 
checkpoints in the Bureau of Customs and Border Protection's Tucson 
sector: Provided further, That the

[[Page 118 STAT. 1301]]

Commissioner, Bureau of Customs and Border Protection, is directed to 
submit to the Committees on Appropriations of the Senate and the House 
of Representatives a plan for expenditure that includes location, 
design, costs, and benefits of each proposed Tucson sector permanent 
checkpoint: Provided further, That the Bureau of Customs and Border 
Protection shall relocate its tactical checkpoints in the Tucson sector 
at least an average of once every 14 days in a manner designed to 
prevent persons subject to inspection from predicting the location of 
any such checkpoint.
    In addition, of the funds appropriated under this heading in chapter 
6 of title I of Public Law 108-11 (117 Stat. 583), $63,010,000 are 
                               rescinded.

    For expenses for customs and border protection automated systems, 
$449,909,000, to remain available until expended, of which not less than 
$321,690,000 shall be for the development of the Automated Commercial 
Environment: Provided, That none of the funds appropriated under this 
heading may be obligated for the Automated Commercial Environment until 
the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure prepared by 
the Under Secretary for Border and Transportation Security that:
            (1) meets the capital planning and investment control review 
        requirements established by the Office of Management and Budget, 
        including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security's 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
              (5) is reviewed by the Government Accountability Office.

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, and other related equipment of 
the air and marine program, including operational training and mission-
related travel, and rental payments for facilities occupied by the air 
or marine interdiction and demand reduction programs, the operations of 
which include the following: the interdiction of narcotics and other 
goods; the provision of support to Federal, State, and local agencies in 
the enforcement or administration of laws enforced by the Department of 
Homeland Security; and at the discretion of the Under Secretary for 
Border and Transportation Security, the provision of assistance to 
Federal, State, and local agencies in other law enforcement and 
emergency humanitarian efforts, $257,535,000, to remain available until 
expended: Provided, That no aircraft or other related equipment, with 
the exception of aircraft that are one of a kind and have been 
identified as excess to Bureau of Customs and Border Protection 
requirements and aircraft that have been damaged beyond repair, shall be 
transferred to any other Federal agency, department, or office outside

[[Page 118 STAT. 1302]]

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.

    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

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and lease 
of up to 2,300 (2,000 for replacement only) police-type vehicles, 
$2,438,494,000, of which not to exceed $5,000,000 shall be available 
until expended for conducting special operations pursuant to section 
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
not to exceed $15,000 shall be for official reception and representation 
expenses; of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Under Secretary for Border and Transportation 
Security; of which not less than $102,000 shall be for promotion of 
public awareness of the child pornography tipline; of which not less 
than $203,000 shall be for Project Alert; and of which not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That none of the 
funds appropriated shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the Under 
Secretary for Border and Transportation Security may waive that amount 
as necessary for national security purposes and in cases of immigration 
emergencies: Provided further, That of the total amount provided, 
$3,045,000 shall be for activities to enforce laws against forced child 
labor in fiscal year 2005, of which not to exceed $2,000,000 shall 
                    remain available until expended.

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

    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.

    For expenses of immigration and customs enforcement automated 
systems, $39,605,000, to remain available until expended: Provided, That 
none of the funds appropriated under this heading may be

[[Page 118 STAT. 1303]]

obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Under Secretary for Border and Transportation Security 
that:
            (1) meets the capital planning and investment control review 
        requirements established by the Office of Management and Budget, 
        including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
              (5) is reviewed by the Government Accountability Office.

    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

    For necessary expenses of the Transportation Security Administration 
related to providing civil aviation security services pursuant to the 
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 
597), $4,323,523,000, to remain available until expended, of which not 
to exceed $3,000 shall be for official reception and representation 
expenses: Provided, That of the total amount provided under this 
heading, not to exceed $2,049,173,000 shall be for passenger screening 
activities; not to exceed $1,452,460,000 shall be for baggage screening 
activities, of which $180,000,000 shall be available only for 
procurement of checked baggage explosive detection systems and 
$45,000,000 shall be available only for installation of checked baggage 
explosive detection systems; and not to exceed $821,890,000 shall be for 
airport security direction and enforcement presence: Provided further, 
That security service fees authorized under section 44940 of title 49, 
United States Code, shall be credited to this appropriation as 
offsetting collections: Provided further, That, except as provided in 
the following proviso, the sum herein appropriated from the General Fund 
shall be reduced on a dollar-for-dollar basis as such offsetting 
collections are received during fiscal year 2005, so as to result in a 
final fiscal year appropriation from the General Fund estimated at not 
more than $2,500,523,000: <<NOTE: Reports. Deadline. Maritime and Land 
Security>> Provided further, That the Government Accountability Office 
shall review, using a methodology deemed appropriate by the Comptroller 
General, the calendar year 2000 cost information for screening 
passengers and property pursuant to section 44940(a)(2) of title 49, 
United States Code, of air carriers and foreign air carriers engaged in 
air transportation and intrastate air transportation and report the 
information within 6 months of enactment of the Act but no earlier than 
March 31, 2005, to the Committees on Appropriations of the Senate and 
House of

[[Page 118 STAT. 1304]]

Representatives; the House Transportation and Infrastructure Committee; 
and the Senate Committee on Commerce, Science, and Transportation: 
Provided further, That the Comptroller General, or any of the 
Comptroller General's duly authorized representatives, shall have 
access, for the purpose of reviewing such cost information, to the 
personnel and to the books; accounts; documents; papers; records 
(including electronic records); and automated data and files of such air 
carriers, airport authorities, and their contractors; that the 
Comptroller General deems relevant for purposes of reviewing the 
information sought pursuant to the provisions of the preceding proviso: 
Provided further, That the Comptroller General may obtain and duplicate 
any such records, documents, working papers, automated data and files, 
or other information relevant to such reviews without cost to the 
Comptroller General and the Comptroller General's right of access to 
such information shall be enforceable pursuant to section 716(c) of 
title 31, United States Code: Provided further, That the Comptroller 
General shall maintain the same level of confidentiality for information 
made available under the preceding provisos as that required under 
section 716(e) of title 31, United States Code: Provided further, That 
upon the request of the Comptroller General, the Secretary of the 
Department of Homeland Security shall transfer to the Government 
Accountability Office from appropriations available for administration 
expenses of the Transportation Security Administration, the amount 
requested by the Comptroller General, not to exceed $5,000,000, to cover 
the full costs of any review and report of the calendar year 2000 cost 
information conducted by the Comptroller General, with 15 days advance 
notice by the Transportation Security Administration to the Committees 
on Appropriations of the Senate and House of Representatives: Provided 
further, That the Comptroller General shall credit funds transferred 
under the authority of the preceding proviso to the account established 
for salaries and expenses of the Government Accountability Office, and 
such amount shall be available upon receipt and without fiscal year 
limitation to cover the full costs of the review and report: Provided 
further, That any funds transferred and credited under the authority of 
the preceding provisos that are not needed for the Comptroller General's 
performance of such review and report shall be returned to the 
Department of Homeland Security and credited to the appropriation from 
which transferred: Provided further, That beginning with amounts due in 
calendar year 2005, if the result of this review is that an air carrier 
or foreign air carrier has not paid the appropriate fee to the 
Transportation Security Administration pursuant to section 44940(a)(2) 
of title 49 United States Code, the Secretary of Homeland Security shall 
undertake all necessary actions to ensure that such amounts are 
collected: Provided further, That such collections received during 
fiscal year 2005 shall be credited to this appropriation as offsetting 
collections and shall be available only for security modifications at 
commercial airports: Provided further, That if the Secretary exercises 
his discretion to set the fee under 44940(a)(2) of title 49 United 
States Code, such determination shall not be subject to judicial review: 
Provided further, That none of the funds in this Act shall be used to 
recruit or hire personnel into the Transportation Security 
Administration which would cause the agency to exceed a staffing level 
of 45,000 full-time equivalent screeners: Provided further, That 
notwithstanding 49 U.S.C. 44923, the government's share of the cost for

[[Page 118 STAT. 1305]]

a project under any letter of intent shall be 75 percent for any medium 
                          or large hub airport.

    For necessary expenses of the Transportation Security Administration 
related to maritime and land transportation security grants and services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597), $48,000,000, to remain available until September 
30, 2006.
    In addition, fees authorized by section 520 of Public Law 108-90 
shall be credited to this appropriation and shall be available until 
expended: Provided, That in fiscal year 2005, fee collections shall be 
   used for initial administrative costs of credentialing activities.

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

    For necessary expenses for research and development related to 
transportation security, $178,000,000, to remain available until 
expended: Provided, That of the total amount provided under this 
heading, $54,000,000 shall be available for the research and development 
                     of explosive detection devices.

    For necessary expenses for administrative activities of the 
Transportation Security Administration to carry out the Aviation and 
Transportation Security Act (Public Law 107-71; 115 Stat. 597), 
$519,852,000, to remain available until September 30, 2006.

                        United States Coast Guard

    For necessary expenses for the operation and maintenance of the 
Coast Guard not otherwise provided for, purchase or lease of not to 
exceed 25 passenger motor vehicles for replacement only, payments 
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note) and 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and 
recreation and welfare, $5,157,220,000, of which $1,204,000,000 shall be 
for defense-related activities; of which $24,500,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990; and of which not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided, That none of the funds appropriated by this or any 
other Act shall be available for administrative expenses in connection 
with shipping commissioners in the United States: Provided further, That 
none of the funds provided by this Act shall be available for expenses 
incurred for yacht documentation under section 12109 of title 46, United 
States Code, except to the extent fees are collected from yacht owners 
and credited to this appropriation: Provided further,

[[Page 118 STAT. 1306]]

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.

    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.

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
        training costs; and equipment and services; $113,000,000.

    For necessary expenses of acquisition, construction, renovation, and 
improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $982,200,000, of which $20,000,000 shall be derived 
from the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990; of which 
$19,750,000 shall be available until September 30, 2009, to acquire, 
repair, renovate, or improve vessels, small boats, and related 
equipment; of which $2,500,000 shall be available until September 30, 
2009, to increase aviation capability; of which $158,000,000 shall be 
available until September 30, 2007, for other equipment; of which 
$5,000,000 shall be available until September 30, 2007, for shore 
facilities and aids to navigation facilities; of which $73,000,000 shall 
be available for personnel compensation and benefits and related costs; 
and of which $723,950,000 shall be available until September 30, 2009, 
for the Integrated Deepwater Systems program: Provided, That the 
Commandant of the Coast Guard is authorized to dispose of surplus real 
property, by sale or lease, and the proceeds shall be credited to this 
appropriation as offsetting collections and shall be available until 
September 30, 2007, only for Rescue 21: Provided further, That the 
Secretary of Homeland Security shall submit to the Congress, in 
conjunction with the President's fiscal year 2006 budget, a new 
Deepwater baseline that identifies revised acquisition timelines for 
each asset contained in the Deepwater program; a timeline and detailed 
justification for each new asset that is determined to be necessary to 
fulfill homeland and national security functions or multi-agency 
procurements as identified by the Joint Requirements Council; a detailed 
description of the revised mission requirements and their corresponding 
impact on the Deepwater program's acquisition timeline; and funding 
levels for each asset, whether new or continuing: Provided 
further, <<NOTE: 14 USC 663 note.>> That the Secretary shall annually 
submit to the Congress, at the time that the President's budget is 
submitted under section 1105(a) of title 31, a future-years capital 
investment

[[Page 118 STAT. 1307]]

plan for the Coast Guard that identifies for each capital budget line 
item--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next 5 fiscal years or until project completion, whichever is 
        earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Congress:

Provided further, That the Secretary shall ensure that amounts specified 
in the future-years capital investment plan are consistent to the 
maximum extent practicable with proposed appropriations necessary to 
support the programs, projects, and activities of the Coast Guard in the 
President's budget as submitted under section 1105(a) of title 31 for 
that fiscal year: Provided further, That any inconsistencies between the 
capital investment plan and proposed appropriations shall be identified 
and justified: Provided further, That consistent with the preceding 
provisos, the budget for fiscal year 2006 that is submitted under 
section 1105(a) of title 31, United States Code, shall include an amount 
for the Coast Guard that is sufficient to fund delivery of a long-term 
maritime patrol aircraft capability that is consistent with the original 
procurement plan for the CN-235 aircraft beyond the three aircraft 
already funded in previous fiscal years.
    In addition, of the funds appropriated under this heading in Public 
                 Law 108-90, $16,000,000 are rescinded.

    For necessary expenses for alteration or removal of obstructive 
        bridges, $15,900,000, to remain available until expended.

    For necessary expenses for applied scientific research, development, 
test, and evaluation, and for maintenance, rehabilitation, lease and 
operation of facilities and equipment, as authorized by law, 
$18,500,000, to remain available until expended, of which $2,000,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990: 
Provided, That there may be credited to and used for the purposes of 
this appropriation funds received from State and local governments, 
other public authorities, private sources, and foreign countries, for 
  expenses incurred for research, development, testing, and evaluation.

    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.

[[Page 118 STAT. 1308]]

                      United States Secret Service

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 610 vehicles for police-type use, 
which shall be for replacement only, and hire of passenger motor 
vehicles; purchase of American-made motorcycles; hire of aircraft; 
services of expert witnesses at such rates as may be determined by the 
Director; rental of buildings in the District of Columbia, and fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control, as may be necessary to 
perform protective functions; payment of per diem or subsistence 
allowances to employees where a protective assignment during the actual 
day or days of the visit of a protectee requires an employee to work 16 
hours per day or to remain overnight at his or her post of duty; conduct 
of and participation in firearms matches; presentation of awards; travel 
of Secret Service employees on protective missions without regard to the 
limitations on such expenditures in this or any other Act if approval is 
obtained in advance from the Committees on Appropriations of the Senate 
and the House of Representatives; research and development; grants to 
conduct behavioral research in support of protective research and 
operations; and payment in advance for commercial accommodations as may 
be necessary to perform protective functions; $1,172,125,000, of which 
not to exceed $25,000 shall be for official reception and representation 
expenses; of which not to exceed $100,000 shall be to provide technical 
assistance and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,100,000 shall be for forensic 
and related support of investigations of missing and exploited children; 
and of which $5,000,000 shall be a grant for activities related to the 
investigations of exploited children and shall remain available until 
expended: Provided, That up to $18,000,000 provided for protective 
travel shall remain available until September 30, 2006: Provided 
further, That of the total amount appropriated, not less than $5,000,000 
shall be available solely for the unanticipated costs related to 
security operations for National Special Security Events, to remain 
available until expended: Provided further, That the United States 
Secret Service is authorized to obligate funds in anticipation of 
reimbursements from agencies and entities, as defined in section 105 of 
title 5, United States Code, receiving training sponsored by the James 
J. Rowley Training Center, except that total obligations at the end of 
the fiscal year shall not exceed total budgetary resources available 
            under this heading at the end of the fiscal year.

    Of the funds appropriated under this heading in chapter 6 of title I 
of Public Law 108-11 (117 Stat. 581), $750,279 are rescinded.

[[Page 118 STAT. 1309]]

    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

    For necessary expenses for the Office of State and Local Government 
Coordination and Preparedness, $3,546,000: Provided, That not to exceed 
   $2,000 shall be for official reception and representation expenses.

    For grants, contracts, cooperative agreements, and other activities, 
including grants to State and local governments for terrorism prevention 
activities, notwithstanding any other provision of law, $3,086,300,000, 
which shall be allocated as follows:
            (1) <<NOTE: Deadlines.>> $1,100,000,000 for formula-based 
        grants and $400,000,000 for law enforcement terrorism prevention 
        grants pursuant to section 1014 of the USA PATRIOT ACT (42 
        U.S.C. 3714): Provided, That the application for grants shall be 
        made available to States within 45 days after enactment of this 
        Act; that States shall submit applications within 45 days after 
        the grant announcement; and that the Office of State and Local 
        Government Coordination and Preparedness shall act within 15 
        days after receipt of an application: Provided further, That 
        each State shall obligate not less than 80 percent of the total 
        amount of the grant to local governments within 60 days after 
        the grant award.
            (2) $1,200,000,000 for discretionary grants, as determined 
        by the Secretary of Homeland Security, of which--
                    (A) $885,000,000 shall be for use in high-threat, 
                high-density urban areas, of which $25,000,000 shall be 
                available for assistance to organizations (as described 
                under section 501(c)(3) of the Internal Revenue Code of 
                1986 and exempt from tax section 501(a) of such Code) as 
                determined by the Secretary of Homeland Security to be 
                at high-risk of international terrorist attack;
                    (B) $150,000,000 shall be for port security grants, 
                which shall be distributed under the same terms and 
                conditions as provided for under Public Law 107-117;
                    (C) $5,000,000 shall be for trucking industry 
                security grants;
                    (D) $10,000,000 shall be for intercity bus security 
                grants; and
                    (E) $150,000,000 shall be for intercity passenger 
                rail transportation (as defined in section 24102 of 
                title 49, United States Code), freight rail, and transit 
                security grants:

[[Page 118 STAT. 1310]]

        Provided, <<NOTE: Deadline.>> That no less than 80 percent of 
        any grant under this paragraph to a State shall be made 
        available by the State to local governments within 60 days after 
        the receipt of the funds: Provided further, That section 
        1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)) shall 
        not apply to grants under this paragraph.
            (3) $50,000,000 shall be available for the establishment of 
        a technology transfer program: Provided, That of the amount made 
        available under this paragraph, $10,000,000 is available to be 
        used for commercially-available equipment testing and validation 
        to determine appropriateness for inclusion in the technology 
        transfer program.
            (4) $336,300,000 for training, exercises, technical 
        assistance, and other programs:

Provided, That, none of the grants provided under this heading shall be 
used for the construction or renovation of facilities; except for a 
minor perimeter security project, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the proceeding proviso shall not apply to grants under 
(2)(B) and (E) of this heading: Provided 
further, <<NOTE: Reports.>> That grantees shall provide additional 
reports on their use of funds, as determined necessary by the Secretary 
of Homeland Security: Provided further, That funds appropriated for law 
enforcement terrorism prevention grants under paragraph (1) and 
discretionary grants under paragraph (2)(A) of this heading shall be 
available for operational costs, to include personnel overtime and 
overtime associated with Office of State and Local Government 
Coordination and Preparedness certified training, as 
needed: <<NOTE: Deadline. firefighter assistance grants>> Provided 
further, That in accordance with the Department's implementation plan 
for Homeland Security Presidential Directive 8, the Office of State and 
Local Government Coordination and Preparedness shall provide State and 
local jurisdictions with nationally-accepted first responder 
preparedness levels no later than January 31, 2005; include in the 
fiscal year 2005 formula-based grant guidance guidelines for State and 
local jurisdictions to adopt national preparedness standards in fiscal 
year 2006; and issue final guidance on the implementation of the 
National Preparedness Goal no later than March 31, 2005: Provided 
further, That the fiscal year 2005 formula-based and law enforcement 
terrorism prevention grants under paragraph (1) shall be allocated in 
                  the same manner as fiscal year 2004.

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$715,000,000, of which $650,000,000 shall be available to carry out 
section 33 (15 U.S.C. 2229) and $65,000,000 shall be available to carry 
out section 34 (15 U.S.C. 2229a) of the Act, to remain available until 
September 30, 2006: Provided, That not to exceed 5 percent of this 
          amount shall be available for program administration.

    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.),

[[Page 118 STAT. 1311]]

the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et seq.), 
and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: 
Provided, That total administrative costs shall not exceed 3 percent of 
the total appropriation.

                          Counterterrorism Fund

    For necessary expenses, as determined by the Secretary of Homeland 
Security, to reimburse any Federal agency for the costs of providing 
support to counter, investigate, or respond to unexpected threats or 
acts of terrorism, including payment of rewards in connection with these 
activities, $8,000,000, to remain available until 
expended: <<NOTE: Notification. Deadline.>> Provided, That the Secretary 
shall notify the Committees on Appropriations of the Senate and the 
House of Representatives 15 days prior to the obligation of any amount 
of these funds in accordance with section 503 of this Act.

                   EMERGENCY PREPAREDNESS AND RESPONSE

  Office of the Under Secretary for Emergency Preparedness and Response

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

    For necessary expenses for preparedness, mitigation, response, and 
recovery activities of the Directorate of Emergency Preparedness and 
Response, $239,499,000, including activities authorized by the National 
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 
seq.), the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
2201 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 
et seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That 
of the total amount appropriated, $30,000,000 shall be for Urban Search 
and Rescue Teams, of which not to exceed 3 percent may be made available 
                        for administrative costs.

    Of the funds appropriated under this heading in chapter 6 of title I 
     of Public Law 108-11 (11 Stat. 581), $5,000,000 are rescinded.

    For necessary expenses for administrative and regional operations of 
the Directorate of Emergency Preparedness and Response, $202,939,000, 
including activities authorized by the National Flood Insurance Act of 
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C.

[[Page 118 STAT. 1312]]

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.

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

    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.

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
           $2,042,380,000, to remain available until expended.

    For administrative expenses to carry out the direct loan program, as 
authorized by section 319 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5162), $567,000: Provided, That 
gross obligations for the principal amount of direct loans shall not 
exceed $25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget Act 
                        of 1974 (2 U.S.C. 661a).

    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.

[[Page 118 STAT. 1313]]

    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.

    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c), $20,000,000, to remain available until September 
30, 2006, for activities designed to reduce the risk of flood damage to 
structures pursuant to such Act, of which $20,000,000 shall be derived 
from the National Flood Insurance Fund.

                  national pre-disaster mitigation fund

    For a pre-disaster mitigation grant program pursuant to title II of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131 et seq.), $100,000,000, to remain available until expended: 
Provided, That grants made for pre-disaster mitigation shall be awarded 
on a competitive basis subject to the criteria in section 203(g) of such 
Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of such Act, 
shall be made without reference to State allocations, quotas, or other 
formula-based allocation of funds: Provided further, That total 
administrative costs shall not exceed 3 percent of the total 
                             appropriation.

    To carry out an emergency food and shelter program pursuant to title 
III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11331 
et seq.), $153,000,000, to remain available until expended: Provided, 
That total administrative costs shall not exceed 3.5 percent of the 
total appropriation.

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

                  Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$160,000,000.

[[Page 118 STAT. 1314]]

                 Federal Law Enforcement Training Center

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law enforcement 
basic training; purchase of not to exceed 117 vehicles for police-type 
use and hire of passenger motor vehicles; expenses for student athletic 
and related activities; the conduct of and participation in firearms 
matches and presentation of awards; public awareness and enhancement of 
community support of law enforcement training; room and board for 
student interns; a flat monthly reimbursement to employees authorized to 
use personal cell phones for official duties; and services as authorized 
by section 3109 of title 5, United States Code; $177,440,000, of which 
up to $36,174,000 for materials and support costs of Federal law 
enforcement basic training shall remain available until September 30, 
2006; and of which not to exceed $12,000 shall be for official reception 
and representation expenses: Provided, That the Center is authorized to 
obligate funds in anticipation of reimbursements from agencies receiving 
training sponsored by the Center, except that total obligations at the 
end of the fiscal year shall not exceed total budgetary resources 
                available at the end of the fiscal year.

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $44,917,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

           Information Analysis and Infrastructure Protection

    For salaries and expenses of the immediate Office of the Under 
Secretary for Information Analysis and Infrastructure Protection and for 
management and administration of programs and activities, as authorized 
by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
$132,064,000: Provided, That not to exceed $5,000 shall be for official 
                 reception and representation expenses.

    For necessary expenses for information analysis and infrastructure 
protection as authorized by title II of the Homeland Security Act of 
2002 (6 U.S.C. 121 et seq.), $761,644,000, to remain available until 
September 30, 2006: <<NOTE: Reports.>> Provided, That the Under 
Secretary for Information Analysis and Infrastructure Protection shall 
submit a report at the end of each quarter of the fiscal year to the 
Committees on Appropriations of the Senate and the House of 
Representatives on each sole-source contractual agreement entered into

[[Page 118 STAT. 1315]]

through the commitment of amounts available from funds appropriated 
under this heading by this or previous appropriations Acts, including 
the amount, recipient and purpose of the agreement.

                         Science and Technology

    For salaries and expenses of the immediate Office of the Under 
Secretary for Science and Technology and for management and 
administration of programs and activities, as authorized by title III of 
the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $68,586,000: 
Provided, That not to exceed $3,000 shall be for official reception and 
                        representation expenses.

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,046,864,000, to remain 
available until expended.

                       TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.

    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either the House or Senate 
Committees on Appropriations for a different purpose; 
or <<NOTE: Notification.>> (5) contracts out any functions or activities 
for which funds have been appropriated for Federal full-time equivalent 
positions; unless the Committees on Appropriations of the Senate and the 
House of Representatives are notified 15 days in advance of such 
reprogramming of funds.

    (b) None of the funds provided by this Act, provided by previous 
appropriation Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or expenditure 
in fiscal year 2005, or provided from any accounts in the Treasury of 
the United States derived by the collection

[[Page 118 STAT. 1316]]

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; <<NOTE: Notification.>> 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, <<NOTE: Notification.>> That any 
transfer under this section shall be treated as a reprogramming of funds 
under subsection (b) of this section and shall not be available for 
obligation unless the Committees on Appropriations of the Senate and the 
House of Representatives are notified 15 days in advance of such 
transfer.

     (d) Notifications pursuant <<NOTE: Deadline.>> to subsections (a), 
(b) and (c) of this subsection shall not be made later than June 30, 
except in extraordinary circumstances which imminently threaten the 
safety of human life or the protection of property.

    Sec. 504. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2005 from appropriations for salaries and expenses for 
fiscal year 2005 in this Act shall remain available through September 
30, 2006, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 505. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2005 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2005.
    Sec. <<NOTE: Establishment. 6 USC 464a note.>> 506. The Federal Law 
Enforcement Training Center shall establish an accrediting body, to 
include representatives from the Federal law enforcement community and 
non-Federal accreditation experts involved in law enforcement training, 
to establish standards for measuring and assessing the quality and 
effectiveness of Federal law enforcement training programs, facilities, 
and instructors.

    Sec. 507. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000 unless the 
Secretary of Homeland Security notifies the Committees on Appropriations 
of the Senate and House of Representatives at least 3 full business days 
in advance: Provided, That no notification shall involve funds that are 
not available for obligation.
    Sec. 508. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except

[[Page 118 STAT. 1317]]

within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the House 
of Representatives, except that the Federal Law Enforcement Training 
Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 509. The Director of the Federal Law Enforcement Training 
Center (FLETC) shall schedule basic and/or advanced law enforcement 
training at all four training facilities under FLETC's control to ensure 
that these training centers are operated at the highest capacity 
throughout the fiscal year.
    Sec. 510. None of the funds appropriated or otherwise made available 
by this Act may be used for expenses of any construction, repair, 
alteration, or acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, has not been approved, except that 
necessary funds may be expended for each project for required expenses 
for the development of a proposed prospectus.
    Sec. 511. For fiscal year 2005 and thereafter, none of the funds 
appropriated or otherwise made available by this Act shall be used to 
pursue or adopt guidelines or regulations requiring airport sponsors to 
provide to the Transportation Security Administration without cost 
building construction, maintenance, utilities and expenses, or space in 
airport sponsor-owned buildings for services relating to aviation 
security: Provided, That the prohibition of funds in this section does 
not apply to--
            (1) negotiations between the agency and airport sponsors to 
        achieve agreement on ``below-market'' rates for these items, or
            (2) space for necessary security checkpoints.

    Sec. 512. None of the funds in this Act may be used in contravention 
of the applicable provisions of the Buy American Act (41 U.S.C. 10a et 
seq.).
    Sec. 513. The Secretary of Homeland Security is directed to 
research, develop, and procure certified systems to inspect and screen 
air cargo on passenger aircraft at the earliest date possible: Provided, 
That until such technology is procured and installed, the Secretary 
shall take all possible actions to enhance the known shipper program to 
prohibit high-risk cargo from being transported on passenger aircraft: 
Provided further, That the Secretary shall amend Security Directives and 
programs in effect on the date of enactment of this Act to, at a 
minimum, triple the percentage of cargo inspected on passenger aircraft.

    Sec. 514. <<NOTE: 14 USC 663 note.>> The Commandant of the Coast 
Guard shall provide to the Congress each year, at the time that the 
President's budget is submitted under section 1105(a) of title 31, 
United States Code, a list of approved but unfunded Coast Guard 
priorities and the funds needed for each such priority in the same 
manner and with the same contents as the unfunded priorities lists 
submitted by the chiefs of other Armed Services.

    Sec. 515. (a) In General.--Chapter 449 of title 49, United States 
Code, is amended by inserting after section 44944 the following new 
section:

[[Page 118 STAT. 1318]]

``Sec. 44945. Disposition of unclaimed money

    ``Notwithstanding section 3302 of title 31, unclaimed money 
recovered at any airport security checkpoint shall be retained by the 
Transportation Security Administration and shall remain available until 
expended for the purpose of providing civil aviation security as 
required in this chapter.''.
    (b) Annual Report.--Not <<NOTE: 49 USC 44945 note.>> later than 180 
days after the date of enactment of this Act and annually thereafter, 
the Administrator of the Transportation Security Administration shall 
transmit to the Committee on Transportation and Infrastructure of the 
House of Representatives; the Committee on Appropriations of the House 
of Representatives; the Committee on Commerce, Science and 
Transportation of the Senate; and the Committee on Appropriations of the 
Senate, a report that contains a detailed description of the amount of 
unclaimed money recovered in total and at each individual airport, and 
specifically how the unclaimed money is being used to provide civil 
aviation security.

    (c) Clerical Amendment.--The analysis for chapter 449 of title 49, 
United States Code, is amended by adding the following new item after 
the item relating to section 44944:

``44945. Disposition of unclaimed money.''.

    Sec. 516. Notwithstanding section 3302 of title 31, United States 
Code, the Administrator of the Transportation Security Administration 
may impose a reasonable charge for the lease of real and personal 
property to Transportation Security Administration employees and for use 
by Transportation Security Administration employees and may credit 
amounts received to the appropriation or fund initially charged for 
operating and maintaining the property, which amounts shall be 
available, without fiscal year limitation, for expenditure for property 
management, operation, protection, construction, repair, alteration, and 
related activities.
    Sec. 517. <<NOTE: Applicability.>> The acquisition management system 
of the Transportation Security Administration shall apply to the 
acquisition of services, as well as equipment, supplies, and materials.

    Sec. 518. <<NOTE: 6 USC 111 note.>> Notwithstanding any other 
provision of law, the authority of the Office of Personnel Management to 
conduct personnel security and suitability background investigations, 
update investigations, and periodic reinvestigations of applicants for, 
or appointees in, positions in the Office of the Secretary and Executive 
Management, the Office of the Under Secretary of Management, the 
Directorate of Science and Technology, and the Directorate of 
Information Analysis and Infrastructure Protection of the Department of 
Homeland Security is transferred to the Department of Homeland Security: 
Provided, That on request of the Department of Homeland Security, the 
Office of Personnel Management shall cooperate with and assist the 
Department in any investigation or reinvestigation under this section.

    Sec. 519. Section 312(g) of the Homeland Security Act of 2002 (6 
U.S.C. 192(g)) is amended to read as follows:
    ``(g) Termination.--The Homeland Security Institute shall terminate 
5 years after its establishment.''.
    Sec. 520. Section 311(c)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 191(c)(2)) is amended to read as follows:
            ``(2) Original appointments.--The original members of the 
        Advisory Committee shall be appointed to three classes. One 
        class of six shall have a term of 1 year, one class of

[[Page 118 STAT. 1319]]

        seven a term of 2 years, and one class of seven a term of 3 
        years.''.

    Sec. 521. Notwithstanding any other provision of law, funds 
appropriated under paragraphs (1) and (2) of the State and Local 
Programs heading under title III of this Act are exempt from section 
6503(a) of title 31, United States Code.
    Sec. 522. <<NOTE: Reports.>> (a) None of the funds provided by this 
or previous appropriations Acts may be obligated for deployment or 
implementation, on other than a test basis, of the Computer Assisted 
Passenger Prescreening System (CAPPS II) or Secure Flight or other 
follow on/successor programs, that the Transportation Security 
Administration (TSA), or any other Department of Homeland Security 
component, plans to utilize to screen aviation passengers, until the 
Government Accountability Office has reported to the Committees on 
Appropriations of the Senate and the House of Representatives that--
            (1) a system of due process exists whereby aviation 
        passengers determined to pose a threat are either delayed or 
        prohibited from boarding their scheduled flights by the TSA may 
        appeal such decision and correct erroneous information contained 
        in CAPPS II or Secure Flight or other follow on/successor 
        programs;
            (2) the underlying error rate of the government and private 
        data bases that will be used both to establish identity and 
        assign a risk level to a passenger will not produce a large 
        number of false positives that will result in a significant 
        number of passengers being treated mistakenly or security 
        resources being diverted;
            (3) the TSA has stress-tested and demonstrated the efficacy 
        and accuracy of all search tools in CAPPS II or Secure Flight or 
        other follow on/successor programs and has demonstrated that 
        CAPPS II or Secure Flight or other follow on/successor programs 
        can make an accurate predictive assessment of those passengers 
        who may constitute a threat to aviation;
            (4) the Secretary of Homeland Security has established an 
        internal oversight board to monitor the manner in which CAPPS II 
        or Secure Flight or other follow on/successor programs are being 
        developed and prepared;
            (5) the TSA has built in sufficient operational safeguards 
        to reduce the opportunities for abuse;
            (6) substantial security measures are in place to protect 
        CAPPS II or Secure Flight or other follow on/successor programs 
        from unauthorized access by hackers or other intruders;
            (7) the TSA has adopted policies establishing effective 
        oversight of the use and operation of the system;
            (8) there are no specific privacy concerns with the 
        technological architecture of the system;
            (9) the TSA has, pursuant to the requirements of section 
        44903 (i)(2)(A) of title 49, United States Code, modified CAPPS 
        II or Secure Flight or other follow on/successor programs with 
        respect to intrastate transportation to accommodate States with 
        unique air transportation needs and passengers who might 
        otherwise regularly trigger primary selectee status; and
            (10) appropriate life-cycle cost estimates, and expenditure 
        and program plans exist.

    (b) During the testing phase permitted by paragraph (a) of this 
section, no information gathered from passengers, foreign or

[[Page 118 STAT. 1320]]

domestic air carriers, or reservation systems may be used to screen 
aviation passengers, or delay or deny boarding to such passengers, 
except in instances where passenger names are matched to a government 
watch list.
    (c) None of the funds provided in this or any previous 
appropriations Act may be utilized to develop or test algorithms 
assigning risk to passengers whose names are not on government watch 
lists.
    (d) None of the funds provided in this or any previous 
appropriations Act may be utilized to test an identity verification 
system that utilizes at least one database that is obtained from or 
remains under the control of a non-Federal entity until TSA has 
developed measures to determine the impact of such verification on 
aviation security and the Government Accountability Office has reported 
on its evaluation of the measures.
    (e) TSA shall cooperate fully with the Government Accountability 
Office, and provide timely responses to the Government Accountability 
Office requests for documentation and information.
    (f) <<NOTE: Deadline.>> The Government Accountability Office shall 
submit the report required under paragraph (a) of this section no later 
than March 28, 2005.

    Sec. 523. Section 835 of the Homeland Security Act of 2002 (Public 
Law 107-296; 6 U.S.C. 395) is amended--
            (1) in subsection (a), by inserting before the period ``, or 
        any subsidiary of such an entity'';
            (2) in subsection (b)(1), by inserting ``before, on, or'' 
        after the ``completes'';
            (3) in subsection (c)(1)(B), by striking ``which is after 
        the date of enactment of this Act and''; and
            (4) in subsection (d), by striking ``homeland'' and 
        inserting ``national''.

    Sec. 524. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 525. Notwithstanding any other provision of law, the fiscal 
year 2004 aggregate overtime limitation prescribed in subsection 5(c)(1) 
of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall be 
$30,000.
    Sec. 526. Notwithstanding any other provision of law, notifications 
pursuant to section 503 of this Act or any other authority for 
reprogramming of funds shall be made solely to the Committees on 
Appropriations of the Senate and House of Representatives.
    Sec. 527. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of 
Citizenship and Immigration Services of the Department of Homeland 
Security who are known as of that date as Immigration Information 
Officers, Contact Representatives, or Investigative Assistants.
    Sec. 528. None of the funds available in this Act shall be available 
to maintain the United States Secret Service as anything but a distinct 
entity within the Department of Homeland Security and shall not be used 
to merge the United States Secret Service with any other department 
function, cause any personnel and operational elements of the United 
States Secret Service to report to an individual other than the Director 
of the United States Secret

[[Page 118 STAT. 1321]]

Service, or cause the Director to report directly to any individual 
other than the Secretary of Homeland Security.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2005''.

    Approved October 18, 2004.

LEGISLATIVE HISTORY--H.R. 4567 (S. 2537):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-541 (Comm. on Appropriations) and 108-774 (Comm. 
of Conference).
SENATE REPORTS: No. 108-280 accompanying S. 2537 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 17, 18, considered and passed House.
            Sept. 8-10, 13, 14, considered and passed Senate, amended, 
                in lieu of S. 2537.
            Oct. 9, House agreed to conference report.
            Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
            Oct. 18, Presidential statement.

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