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remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

TITLE V

-GENERAL PROVISIONS

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time period as originally enacted.

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previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose; or (5)
contracts out any functions or activities for which funds have been
appropriated for Federal full-time equivalent positions; unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(b) None of the funds provided by this Act, provided by previous
appropriation Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress; unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) of this section and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such transfer.
(d) Notifications pursuant to subsections (a), (b) and (c) of this
subsection shall not be made later than June 30, except in
extraordinary circumstances which imminently threaten the safety of
human life or the protection of property.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).

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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.

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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.

762ab4c163ac1d70c94c7b84b3713368fee575684589a671b147662917420bfe

Code, is amended by inserting after section 44944 the following new
section:
``Sec. 44945. Disposition of unclaimed money
``Notwithstanding section 3302 of title 31, unclaimed money
recovered at any airport security checkpoint shall be retained by the
Transportation Security Administration and shall remain available until
expended for the purpose of providing civil aviation security as
required in this chapter.''.
(b) Annual Report.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the Administrator of the
Transportation Security Administration shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives;
the Committee on Appropriations of the House of Representatives; the
Committee on Commerce, Science and Transportation of the Senate; and
the Committee on Appropriations of the Senate, a report that contains a
detailed description of the amount of unclaimed money recovered in
total and at each individual airport, and specifically how the
unclaimed money is being used to provide civil aviation security.
(c) Clerical Amendment.--The analysis for chapter 449 of title 49,
United States Code, is amended by adding the following new item after
the item relating to section 44944:
``44945. Disposition of unclaimed money.''.

95920e14a0998e0a467779faed29e3e1ed499739ad1c2b1446b1b75507dc1aa7

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.

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Security Administration shall apply to the acquisition of services, as
well as equipment, supplies, and materials.

5070ae4f30be1521e2cc104249222a538396603cc74c2c81ef13a91fd0e407b9

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.

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U.S.C. 192(g)) is amended to read as follows:
``(g) Termination.--The Homeland Security Institute shall terminate
5 years after its establishment.''.

2f8683eaf93f1c0f3653765089f38a0c3c2d42ae839777bbb869e98b4cac665d

U.S.C. 191(c)(2)) is amended to read as follows:
``(2) Original appointments.--The original members of the
Advisory Committee shall be appointed to three classes. One class
of six shall have a term of 1 year, one class of seven a term of 2
years, and one class of seven a term of 3 years.''.

5292c4ba7bcfcf9e020257f900734dec2550e06eda2752663888f756508dd1df

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.

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appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Computer Assisted Passenger
Prescreening System (CAPPS II) or Secure Flight or other follow on/
successor programs, that the Transportation Security Administration
(TSA), or any other Department of Homeland Security component, plans to
utilize to screen aviation passengers, until the Government
Accountability Office has reported to the Committees on Appropriations
of the Senate and the House of Representatives that--
(1) a system of due process exists whereby aviation passengers
determined to pose a threat are either delayed or prohibited from
boarding their scheduled flights by the TSA may appeal such
decision and correct erroneous information contained in CAPPS II or
Secure Flight or other follow on/successor programs;
(2) the underlying error rate of the government and private
data bases that will be used both to establish identity and assign
a risk level to a passenger will not produce a large number of
false positives that will result in a significant number of
passengers being treated mistakenly or security resources being
diverted;
(3) the TSA has stress-tested and demonstrated the efficacy and
accuracy of all search tools in CAPPS II or Secure Flight or other
follow on/successor programs and has demonstrated that CAPPS II or
Secure Flight or other follow on/successor programs can make an
accurate predictive assessment of those passengers who may
constitute a threat to aviation;
(4) the Secretary of Homeland Security has established an
internal oversight board to monitor the manner in which CAPPS II or
Secure Flight or other follow on/successor programs are being
developed and prepared;
(5) the TSA has built in sufficient operational safeguards to
reduce the opportunities for abuse;
(6) substantial security measures are in place to protect CAPPS
II or Secure Flight or other follow on/successor programs from
unauthorized access by hackers or other intruders;
(7) the TSA has adopted policies establishing effective
oversight of the use and operation of the system;
(8) there are no specific privacy concerns with the
technological architecture of the system;
(9) the TSA has, pursuant to the requirements of section 44903
(i)(2)(A) of title 49, United States Code, modified CAPPS II or
Secure Flight or other follow on/successor programs with respect to
intrastate transportation to accommodate States with unique air
transportation needs and passengers who might otherwise regularly
trigger primary selectee status; and
(10) appropriate life-cycle cost estimates, and expenditure and
program plans exist.
(b) During the testing phase permitted by paragraph (a) of this
section, no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen aviation
passengers, or delay or deny boarding to such passengers, except in
instances where passenger names are matched to a government watch list.
(c) None of the funds provided in this or any previous
appropriations Act may be utilized to develop or test algorithms
assigning risk to passengers whose names are not on government watch
lists.
(d) None of the funds provided in this or any previous
appropriations Act may be utilized to test an identity verification
system that utilizes at least one database that is obtained from or
remains under the control of a non-Federal entity until TSA has
developed measures to determine the impact of such verification on
aviation security and the Government Accountability Office has reported
on its evaluation of the measures.
(e) TSA shall cooperate fully with the Government Accountability
Office, and provide timely responses to the Government Accountability
Office requests for documentation and information.
(f) The Government Accountability Office shall submit the report
required under paragraph (a) of this section no later than March 28,
2005.

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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''.

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to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).

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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.

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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.

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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.

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available to maintain the United States Secret Service as anything but
a distinct entity within the Department of Homeland Security and shall
not be used to merge the United States Secret Service with any other
department function, cause any personnel and operational elements of
the United States Secret Service to report to an individual other than
the Director of the United States Secret Service, or cause the Director
to report directly to any individual other than the Secretary of
Homeland Security.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2005''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

bc01c93af00449d61f15ef02528eba677bc85917ddc0f306cc1203a0c63fc74e

Homeland Security Department FY2005 Appropriations bill — HR. 4567

Other Sections

TITLE V

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