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Placed on Calendar Senate (06/17/2004)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2537 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 583
108th CONGRESS
  2d Session
                                S. 2537

                          [Report No. 108-280]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2005, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2004

    Mr. Cochran, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2005, and for other purposes.

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

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and for executive management of the Department of 
Homeland Security, as authorized by law, $82,206,000: Provided, That 
not to exceed $50,000 shall be available for allocation within the 
Department for official reception and representation expenses as the 
Secretary may determine.

              Office of the Under Secretary for Management

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

                 Department-Wide Technology Investments

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

                      Office of Inspector General

                           operating expenses

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

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   BORDER AND TRANSPORTATION SECURITY

  Office of the Under Secretary for Border and Transportation Security

                         salaries and expenses

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

    united states visitor and immigrant status indicator technology

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

                     customs and border protection

                         salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,466,960,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $40,000 shall be for official reception and 
representation expenses; of which not to exceed $126,162,000 shall 
remain available until September 30, 2006, for inspection and 
surveillance technology, and equipment for the Container Security 
Initiative; of which such sums as become available in the Customs User 
Fee Account, except sums subject to section 13031(f)(3) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account; of which not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations; of which not to exceed $1,000,000 shall 
be for awards of compensation to informants, to be accounted for solely 
under the certificate of the Under Secretary for Border and 
Transportation Security; and of which not to exceed $5,000,000 shall be 
available for payments or advances arising out of contractual or 
reimbursable agreements with State and local law enforcement agencies 
while engaged in cooperative activities related to immigration: 
Provided, That none of the funds appropriated shall be available to 
compensate any employee for overtime in an annual amount in excess of 
$30,000, except that the Under Secretary for Border and Transportation 
Security may exceed that amount as necessary for national security 
purposes and in cases of immigration emergencies: Provided further, 
That of the total amount provided, $12,725,000 shall be for activities 
to enforce laws against forced child labor in fiscal year 2005, of 
which not to exceed $4,000,000 shall remain available until expended.

                        automation modernization

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

                              construction

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

                  immigration and customs enforcement

                         salaries and expenses

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

                          federal air marshals

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

                       federal protective service

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

                        automation modernization

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

 air and marine interdiction, operations, maintenance, and procurement

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

                              construction

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

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597), $4,386,083,000, to remain available until 
expended, of which not to exceed $3,000 shall be for official reception 
and representation expenses: Provided, That of the total amount 
provided under this heading, not to exceed $2,076,733,000 shall be for 
passenger screening activities; not to exceed $1,437,460,000 shall be 
for baggage screening activities, of which $210,000,000 shall be 
available only for procurement of checked baggage explosive detection 
systems; and not to exceed $871,890,000 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 $2,563,083,000: Provided further, That the General Accounting 
Office shall undertake an audit of the calendar year 2000 cost 
information of air carriers and foreign air carriers engaged in air 
transportation pursuant to section 44940(a)(2) of Title 49, United 
States Code: Provided further, That the Comptroller General, or any of 
the Comptroller General's duly authorized representatives, shall have 
access for the purpose of audit and examination to any books, accounts, 
documents, papers, and records of air carriers that relate to the 
information required to implement the provisions of the preceding 
proviso: Provided further, That beginning with amounts due in calendar 
year 2005, if the result of this audit is that an air carrier or 
foreign air carrier has not paid the appropriate fee to the 
Transportation Security Administration pursuant to section 44940(a)(2) 
of title 49 United States Code, the Secretary of Homeland Security 
shall undertake all necessary actions to ensure that such amounts are 
collected: Provided further, That such collections received during 
fiscal year 2005 shall be credited to this appropriation as offsetting 
collections and shall be available only for security modifications at 
commercial airports: Provided further, That if the Secretary exercises 
his discretion to set the fee under 44940(a)(2) of title 49 United 
States Code, such determination shall not be subject to judicial 
review: Provided further, That any security service fees collected 
pursuant to section 44940 of title 49 note, United States Code, in 
excess of the amount appropriated under this heading shall be treated 
as offsetting collections in fiscal year 2006.

                       maritime and land security

    For necessary expenses of the Transportation Security 
Administration related to maritime and land transportation security 
grants and services pursuant to the Aviation and Transportation 
Security Act (Public Law 107-71; 115 Stat. 597), $44,000,000.
    In addition, fees authorized by section 520 of Public Law 108-90 
shall be credited to this appropriation and shall be available until 
expended: Provided, That in fiscal year 2005, fee collections shall be 
used for initial administrative costs of credentialing activities.

                              intelligence

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

                        research and development

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

                             administration

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

                       United States Coast Guard

                           operating expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard not otherwise provided for, purchase or lease of not to 
exceed 25 passenger motor vehicles for replacement only; payments 
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note), 
section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and 
recreation and welfare, $5,153,220,000, of which $1,090,000,000 shall 
be for defense-related activities; of which $24,500,000 shall be 
derived from the Oil Spill Liability Trust Fund; and of which not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided, That none of the funds appropriated by this or any 
other Act shall be available for administrative expenses in connection 
with shipping commissioners in the United States: Provided further, 
That none of the funds provided by this Act shall be available for 
expenses incurred for yacht documentation under section 12109 of title 
46, United States Code, except to the extent fees are collected from 
yacht owners and credited to this appropriation: Provided further, That 
notwithstanding section 1116(c) of title 10, United States Code, 
amounts made available under this heading may be used to make payments 
into the Department of Defense Medicare-Eligible Retiree Health Care 
Fund for fiscal year 2005 under section 1116(a) of such title.

                environmental compliance and restoration

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

                            reserve training

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

              acquisition, construction, and improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $1,062,550,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund; of which $19,750,000 
shall be available until September 30, 2009, to acquire, repair, 
renovate, or improve vessels, small boats, and related equipment; of 
which $3,800,000 shall be available until September 30, 2009, to 
increase aviation capability; of which $185,000,000 shall be available 
until September 30, 2007, for other equipment; of which $5,000,000 
shall be available until September 30, 2007, for shore facilities and 
aids to navigation facilities; of which $73,000,000 shall be available 
for personnel compensation and benefits and related costs; of which 
$776,000,000 shall be available until September 30, 2009, for the 
Integrated Deepwater Systems program: Provided, That the Commandant of 
the Coast Guard is authorized to dispose of surplus real property, by 
sale or lease, and the proceeds shall be credited to this appropriation 
as offsetting collections and shall be available until September 30, 
2007, only for Rescue 21.

                         alteration of bridges

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

              research, development, test, and evaluation

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

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 610 vehicles for police-type use, 
which shall be for replacement only, and hire of passenger motor 
vehicles; purchase of American-made sidecar compatible motorcycles; 
hire of aircraft; services of expert witnesses at such rates as may be 
determined by the Director; rental of buildings in the District of 
Columbia, and fencing, lighting, guard booths, and other facilities on 
private or other property not in Government ownership or control, as 
may be necessary to perform protective functions; payment of per diem 
or subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee require an 
employee to work 16 hours per day or to remain overnight at his or her 
post of duty; conduct of and participation in firearms matches; 
presentation of awards; travel of Secret Service employees on 
protective missions without regard to the limitations on such 
expenditures in this or any other Act if approval is obtained in 
advance from the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; grants to conduct 
behavioral research in support of protective research and operations; 
and payment in advance for commercial accommodations as may be 
necessary to perform protective functions, $1,159,125,000, of which not 
to exceed $25,000 shall be for official reception and representation 
expenses; of which not to exceed $100,000 shall be to provide technical 
assistance and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,100,000 shall be for forensic 
and related support of investigations of missing and exploited 
children: Provided, That up to $18,000,000 provided for protective 
travel shall remain available until September 30, 2006: Provided 
further, That the United States Secret Service is authorized to 
obligate funds in anticipation of reimbursements from agencies and 
entities, as defined in section 105 of title 5, United States Code, 
receiving training sponsored by the James J. Rowley Training Center, 
except that total obligations at the end of the fiscal year shall not 
exceed total budgetary resources available under this heading at the 
end of the fiscal year.

     acquisition, construction, improvements, and related expenses

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

                  TITLE III--PREPAREDNESS AND RECOVERY

   Office of State and Local Government Coordination and Preparedness

                     management and administration

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

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $2,845,081,000, which shall be allocated as follows:
            (1) $970,000,000 for formula-based grants and $400,000,000 
        for law enforcement terrorism prevention grants pursuant to 
        section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, 
        That the application for grants shall be made available to 
        states within 45 days after enactment of this Act; that States 
        shall submit applications within 45 days after the grant 
        announcement; and that the Office of State and Local Government 
        Coordination and Preparedness shall act within 15 days after 
        receipt of an application: Provided further, That each State 
        shall obligate not less than 80 percent of the total amount of 
        the grant to local governments within 60 days after the grant 
        award; and
            (2) $1,200,000,000 for discretionary grants for use in 
        high-threat, high-density urban areas, as determined by the 
        Secretary of Homeland Security: Provided, That $150,000,000 
        shall be for port security grants; $15,000,000 shall be for 
        trucking industry security grants; $10,000,000 shall be for 
        intercity bus security grants; and $150,000,000 shall be for 
        rail and transit security grants: Provided further, That no 
        less than 80 percent of any grant to a State shall be made 
        available by the State to local governments within 60 days 
        after the receipt of the funds: Provided further, That section 
        1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)) shall 
        not apply to these grants;
            (3) $275,081,000 for training, exercises, technical 
        assistance, and other programs:
Provided, That none of the grants provided under this heading shall be 
used for the construction or renovation of facilities: Provided 
further, That notwithstanding the previous proviso, funds under this 
heading may be used for a minor perimeter security project, the cost of 
which shall not exceed $1,000,000, as deemed necessary by the Secretary 
of Homeland Security: Provided further, That grantees shall provide 
additional reports on their use of funds, as deemed necessary by the 
Secretary: Provided further, That not to exceed 10 percent of funds 
appropriated for law enforcement terrorism prevention grants under 
paragraph (1) and discretionary grants under paragraph (2) of this 
heading shall be available for operational costs, to include personnel 
overtime and overtime associated with Office of State and Local 
Government Coordination and Preparedness certified training, as needed.

                     firefighter assistance grants

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

                emergency management performance grants

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

                         counterterrorism fund

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

                  EMERGENCY PREPAREDNESS AND RESPONSE

 Office of the Under Secretary for Emergency Preparedness and Response

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

            preparedness, mitigation, response, and recovery

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

                 administrative and regional operations

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

                         public health programs

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

              radiological emergency preparedness program

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

                            disaster relief

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$2,151,000,000, to remain available until expended.

            disaster assistance direct loan program account

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

                      flood map modernization fund

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

                     national flood insurance fund

                     (including transfer of funds)

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

                           mitigation grants

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

                       emergency food and shelter

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

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

                  Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center

                         salaries and expenses

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

     acquisition, construction, improvements, and related expenses

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

           Information Analysis and Infrastructure Protection

                     management and administration

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

                      assessments and evaluations

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

                         Science and Technology

                     management and administration

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

           Research, Development, Acquisition and Operations

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

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either the House or 
Senate Committees on Appropriations for a different purpose; (5) 
relocates an office or employees; or (6) contracts out or privatizes 
any functions or activities presently performed by Federal employees, 
unless the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriation Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2005, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress, unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) of this section and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
    Sec. 503. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2005 from appropriations for salaries and expenses 
for fiscal year 2005 in this Act shall remain available through 
September 30, 2006, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 502 of this Act.
    Sec. 504. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2005 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2005.
    Sec. 505. The Federal Law Enforcement Training Center shall 
establish an accrediting body, to include representatives from the 
Federal law enforcement community and non-Federal accreditation experts 
involved in law enforcement training, to establish standards for 
measuring and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors.
    Sec. 506. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000 unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and House of Representatives at least 3 
full business days in advance: Provided, That no notification shall 
involve funds that are not available for obligation.
    Sec. 507. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 508. The Director of the Federal Law Enforcement Training 
Center (FLETC) shall schedule basic and advanced law enforcement 
training at all four training facilities under FLETC's control to 
ensure that these training centers are operated at the highest capacity 
throughout the fiscal year.
    Sec. 509. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, and acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus.
    Sec. 510. None of the funds appropriated or otherwise made 
available by this Act shall be used to pursue or adopt guidelines or 
regulations requiring airport sponsors to provide to the Transportation 
Security Administration without cost building construction, 
maintenance, utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to aviation security: Provided, That 
the prohibition of funds in this section does not apply to--
            (1) negotiations between the agency and airport sponsors to 
        achieve agreement on ``below-market'' rates for these items, or
            (2) space for necessary security checkpoints.
    Sec. 511. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 512. The Secretary of Homeland Security is directed to 
research, develop, and procure certified systems to inspect and screen 
air cargo on passenger aircraft at the earliest date possible: 
Provided, That until such technology is procured and installed, the 
Secretary shall take all possible actions to prohibit high-risk cargo 
from being transported on passenger aircraft.
    Sec. 513. None of the funds made available by this or previous 
appropriations Acts may be obligated for contracting out a full-time 
equivalent position of the Department of Homeland Security for which 
funds have been made available unless the Committees on Appropriations 
of the Senate and the House of Representatives are notified 15 days in 
advance.
    Sec. 514. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Computer Assisted Passenger 
Prescreening System (CAPPS II) that the Transportation Security 
Administration (TSA) plans to utilize to screen aviation passengers, 
until the General Accounting 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 and either delayed or 
        prohibited from boarding their scheduled flights by the TSA may 
        appeal such decision and correct erroneous information 
        contained in CAPPS II;
            (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 and has 
        demonstrated that CAPPS II 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 is 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 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; and
            (8) there are no specific privacy concerns with the 
        technological architecture of the system.
    (b) During the testing phase permitted by paragraph (a) of this 
section, no information gathered from passengers, foreign or domestic 
air carriers, or reservation systems may be used to screen aviation 
passengers, or delay or deny boarding to such passengers.
    (c) The General Accounting Office shall submit the report required 
under paragraph (a) of this section no later than February 15, 2005.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2005''.


                                                       Calendar No. 583

108th CONGRESS

  2d Session

                                S. 2537

                          [Report No. 108-280]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                             June 17, 2004

                 Read twice and placed on the calendar