Makes appropriations for homeland security programs within the Departments of Energy (DOE), Health and Human Services (HHS), and Homeland Security (DHS) for FY 2005, including to: (1) DOE for atomic energy defense and defense nuclear nonproliferation activities; (2) HHS for the Public Health and Social Services Emergency Fund, the Strategic National Stockpile, and for activities to ensure a year-round influenza vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies; and (3) DHS for border and transportation security and customs and border protection, Federal air marshals, air and marine interdiction operations and procurement, the Transportation Security Administration (for civil aviation security and maritime and land transportation security), the Office for Domestic Preparedness (including for State and local government grants for terrorism prevention activities and for firefighter assistance grants), countering potential biological, disease, and chemical threats to civilian populations, and emergency management performance grants.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4462 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4462
Making appropriations for homeland security programs within the
Departments of Energy, Health and Human Services, and Homeland Security
for the fiscal year ending September 30, 2005, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2004
Mr. Sandlin (for himself and Mr. Obey) introduced the following bill;
which was referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for homeland security programs within the
Departments of Energy, Health and Human Services, and 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 homeland security programs within the Departments of
Energy, Health and Human Services, and Homeland Security for the fiscal
year ending September 30, 2005, and for other purposes, namely:
TITLE I--DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
National Nuclear Security Administration
defense nuclear nonproliferation
For Department of Energy expenses, including the purchase,
construction, acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense
nuclear nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,400,000,000, to remain available until expended.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, disease, nuclear, radiological and chemical
threats to civilian populations, $1,899,711,000: Provided, That this
amount is distributed as follows: Centers for Disease Control and
Prevention, $1,245,223,000; Office of the Secretary, $64,438,000;
National Institutes of Health, $47,400; and Health Resources and
Services Administration, $542,650,000: Provided further, That employees
of the Centers for Disease Control and Prevention or the Public Health
Service, both civilian and Commissioned Officers, detailed to States,
municipalities, or other organizations under authority of section 214
of the Public Health Service Act for purposes related to homeland
security, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or the Department of Health and
Human Services during the period of detail or assignment.
In addition, $400,00,000, to remain available until expended, for
the Strategic National Stockpile.
In addition, for activities to ensure a year-round influenza
vaccine production capacity and the development and implementation of
rapidly expandable influenza vaccine production technologies,
$100,000,000, to remain available until expended.
TITLE III--DEPARTMENT OF HOMELAND SECURITY
Border and Transportation Security
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;
$5,080,000,000; 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 Public Law 103-182
and notwithstanding section 1511(e)(1) of Public Law 107-296; of which
not to exceed $40,000 shall be for official reception and
representation expenses; of which not to exceed $400,000,000 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 notwithstanding any other provision of law,
none of the funds appropriated shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000 and the
fiscal year 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 $35,000, except that the Commissioner of Customs and Border
Protection, or his designee, may exceed that amount, for any employee,
as necessary for national security purposes or to meet emergency
requirements of Customs and Border Protection.
Immigration and Customs Enforcement
federal air marshals
For necessary expenses of the Federal air marshals, $700,000,000,
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, $305,000,000 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.
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), $4,540,000,000, 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 $2,008,000,000 shall be for
passenger screening activities; not to exceed $1,628,000,000 shall be
for baggage screening activities; and not to exceed $904,000,000 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 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 $2,717,000,000: Provided
further, That any security service fees collected pursuant to section
118 of Public Law 107-71 in excess of the amount appropriated under
this heading shall be treated as offsetting collections in fiscal year
2005: Provided further, That none of the funds herein appropriated may
be used to approve, renew, or implement any aviation cargo security
plan that permits the transporting of unscreened or uninspected cargo
on passenger planes.
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 (49 U.S.C. 40101 note), $650,000,000, to remain available
until September 30, 2006.
Office for Domestic Preparedness
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, $3,875,000,000, which shall be allocated as follows:
(1) $1,700,000,000 for formula-based grants and
$1,000,000,000 for law enforcement terrorism prevention grants
pursuant to section 1014 of the USA PATRIOT Act of 2001 (42
U.S.C. 3714); and
(2) $800,000,000 for discretionary grants for use in high-
threat, high-density urban areas, as determined by the
Secretary of Homeland Security: Provided, That section
1014(c)(3) of the USA PATRIOT Act of 2001 (42 U.S.C.
3714(c)(3)) shall not apply to these grants:
Provided further, That 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 for
Domestic 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),
$800,000,000, to remain available until September 30, 2005: Provided,
That not to exceed 5 percent of this amount shall be available for
program administration.
Emergency Preparedness and Response
public health programs
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations, $94,000,000, to
remain available until expended.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 and the Flood
Disaster Protection Act of 1973 (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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Appropriations.
Sponsor introductory remarks on measure. (CR E957)
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