[108th Congress Public Law 334]
[From the U.S. Government Printing Office]
[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):
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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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