[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2555 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 24 (legislative day, July 21), 2003.
Resolved, That the bill from the House of Representatives (H.R.
2555) entitled ``An Act making appropriations for the Department of
Homeland Security for the fiscal year ending September 30, 2004, and
for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the Homeland
Security for the fiscal year ending September 30, 2004, and for other
purposes, namely:
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL OPERATIONS, MANAGEMENT, AND OVERSIGHT
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, $83,653,000.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management and Administration, as authorized by sections 701-704 of the
Homeland Security Act of 2002 (6 U.S.C. 341-344), $167,521,000:
Provided, That of the total amount provided, $30,000,000 shall remain
available until expended solely for the alteration and improvement of
facilities and for relocation costs necessary for the interim housing
of the Department's headquarters' operations and organizations
collocated therewith.
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, $185,000,000, to remain available until
expended.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $58,118,000; 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--SERVICES
Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
including international services, as transferred by and authorized by
the Homeland Security Act of 2002 (6 U.S.C. 271, 272), $229,377,000.
TITLE III--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
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, Title
IV, of the Homeland Security Act of 2002 (6 U.S.C. 201-203),
$8,842,000.
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
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note),
$380,000,000, to remain available until expended: Provided, That none
of the funds appropriated in this Act for the United States Visitor and
Immigrant Status Indicator Technology project may be obligated until
the Department of Homeland Security submits a plan for expenditure that
has been approved by the Committees on Appropriations of the Senate and
the House of Representatives.
Customs and Border Protection
salaries and expenses
(including transfer of funds)
For necessary expenses for 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; contracting with individuals for personal
services abroad; including not to exceed $1,000,000 to meet unforeseen
emergencies of a confidential nature, to be expended under the
direction of, and to be accounted for solely under the certificate of,
the Under Secretary for Border and Transportation Security; as
authorized by any Act enforced by the Bureau of Customs and Border
Protection, $4,366,000,000, of which not to exceed $96,000,000 shall
remain available until September 30, 2005, for inspection technology;
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 $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 for activities to enforce laws against forced child labor in
fiscal year 2004, not to exceed $4,000,000 shall remain available until
expended.
In addition, 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, $3,000,000
to be derived from the Harbor Maintenance Trust Fund and to be
transferred to and merged with the appropriation for ``Salaries and
Expenses'' under this heading.
automation modernization
For expenses for Customs and Border Protection automated systems,
$441,122,000, to remain available until expended, of which not less
than $318,690,000 shall be for the development of the Automated
Commercial Environment: Provided, That none of the funds appropriated
in this Act for the Automated Commercial Environment may be obligated
until the Department of Homeland Security submits a plan for
expenditure that has been approved by 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,
$90,363,000, to remain available until expended.
Immigration and Customs Enforcement
salaries and expenses
(including transfer of funds)
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, investigations; purchase and lease of up
to 1,600 (1,450 for replacement only) police-type vehicles; including
not to exceed $1,000,000 to meet unforeseen emergencies of a
confidential nature, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Under Secretary for
Border and Transportation Security; as authorized by any Act enforced
by the Bureau of Immigration and Customs Enforcement, $2,180,000,000,
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 less than
$40,000,000 shall be available until expended for information
technology infrastructure, and of which not to exceed $5,000,000 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 in addition, $424,211,000 shall be
transferred from the revenues and collections in the General Services
Administration, Federal Buildings Fund for the Federal Protective
Service: Provided further, 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 for activities to enforce
laws against forced child labor in fiscal year 2004, not to exceed
$1,000,000 shall remain available until expended: Provided further,
That not later than 180 days after the date of enactment of this Act,
the General Accounting Office shall transmit to Congress a report on
the implementation of the Student and Exchange Visitor Information
System (SEVIS), including an assessment of the technical problems faced
by institutions of higher education using the system, the need for the
detailed information collected, and an analysis of corrective action
being taken by the Department to resolve problems in SEVIS.
air and marine interdiction, operations, maintenance and procurement
For necessary expenses for the operation and maintenance of marine
vessels, aircraft, and other related equipment of the Air and Marine
Programs, 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
Director of the Bureau of Immigration and Customs Enforcement, the
provision of assistance to Federal, State, and local agencies in other
law enforcement and emergency humanitarian efforts, $257,291,000, to
remain available until expended.
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,
$26,775,000, 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 (49 U.S.C.
40101 note), $4,523,900,000, to remain available until September 30,
2005, of which $3,185,000,000 shall be available for screening
activities and of which $1,338,900,000 shall be available for airport
support and enforcement presence: Provided, That security service fees
authorized under section 44940 of title 49, United States Code, shall
be credited to this appropriation as offsetting collections and used
for providing civil aviation security services authorized by that
section: Provided further, That the sum under this heading appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2004 in
order to result in a final fiscal year appropriation from the general
fund estimated at not more than $2,453,900,000: Provided further, That
any security service fees collected in excess of the amount
appropriated under this heading shall be treated as offsetting
collections in fiscal year 2005: Provided further, That of the total
amount provided under this heading, $309,000,000 shall be available for
physical modification of commercial service airports for the purpose of
installing checked baggage explosive detection systems, as authorized
by section 367 of title III of Division I of the Consolidated
Appropriations Resolution, 2003 (49 U.S.C. 47110 note); and
$150,500,000 shall be available for procurement of checked baggage
explosive detection systems, including explosive trace detection
systems, as authorized by section 4490 of title 49, United States Code.
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), $295,000,000, to remain available
until September 30, 2005: Provided, That of the total amount provided
under this heading, $150,000,000 shall be available for port security
grants, which shall be distributed under the same terms and conditions
as provided for under Public Law 107-117; and $30,000,000 shall be
available to execute grants, contracts, and interagency agreements for
the purpose of deploying Operation Safe Commerce.
intelligence
For necessary expenses for intelligence activities pursuant to the
Aviation and Transportation Security Act (49 U.S.C. 40101 note),
$13,600,000, to remain available until September 30, 2004.
research and development
For necessary expenses for research and development related to
transportation security, $130,200,000, to remain available until
expended: Provided, That of the total amount provided under this
heading, $45,000,000 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 (49 U.S.C. 40101 note), $433,200,000, to remain available
until September 30, 2004.
United States Coast Guard
operating expenses
(including rescission of funds)
For necessary expenses for the operation and maintenance of the
Coast Guard not otherwise provided for; purchase of not to exceed five
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, $4,719,000,000, of which $340,000,000 shall be available for
defense-related activities; and of which $25,000,000 shall be derived
from the Oil Spill Liability Trust Fund: 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 of the total amount provided
under this heading, funding to operate and maintain the Coast Guard
Research and Development Center shall continue at the fiscal year 2003
level: Provided further, That the Commandant of the Coast Guard shall
conduct a study, the cost of which is not to exceed $350,000, to be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives, on the research and development priorities of
the Coast Guard and a design for a new research and development
organizational structure within the Coast Guard that ensures that the
Coast Guard has access to the most advanced technology necessary to
perform its missions effectively: Provided further, That the Commandant
may seek an independent entity to conduct such a study: 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 2004 under section 1116(a) of such title.
In addition, of the funds appropriated under this heading in
chapter 6 of title I of Public Law 108-11 (117 Stat. 583), $71,000,000
are hereby rescinded.
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 all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities; and
supplies, equipment, and services, $95,000,000.
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; maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $1,035,000,000, of which $23,500,000 shall be
derived from the Oil Spill Liability Trust Fund; of which $66,500,000
shall be available to acquire, repair, renovate, or improve vessels,
small boats, and related equipment, to remain available until expended;
of which $178,500,000 shall be available for other equipment, including
$3,500,000 for defense message system implementation and $1,000,000 for
oil spill prevention efforts under the Ports and Waterways Safety
Systems (PAWSS) program, to remain available until expended; of which
$70,000,000 shall be available for personnel compensation and benefits
and related costs; of which $702,000,000 shall be available for the
Integrated Deepwater Systems program, to remain available until
expended; and of which $18,000,000 shall be available for alteration or
removal of obstructive bridges, to remain available until expended:
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 only for Rescue 21 and shall remain available until
expended: Provided further, That funds for bridge alteration projects
conducted pursuant to the Act of June 21, 1940 (33 U.S.C. 511 et seq.)
shall be available for such projects only to the extent that the steel,
iron, and manufactured products used in such projects are produced in
the United States, unless contrary to law or international agreement,
or unless the Commandant of the Coast Guard determines such action to
be inconsistent with the public interest or the cost unreasonable.
retired pay
For retired pay, including the payment of obligations therefor
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 for payments for medical care of retired
personnel and their dependents under chapter 55 of title 10, United
States Code, $1,020,000,000.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 730 vehicles for police-type use,
of which 610 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; for 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; the conducting of and participating in
firearms matches; presentation of awards; for 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; for research and development; for making
grants to conduct behavioral research in support of protective research
and operations; not to exceed $100,000 to provide technical assistance
and equipment to foreign law enforcement organizations in counterfeit
investigations; for payment in advance for commercial accommodations as
may be necessary to perform protective functions; $1,114,737,000, of
which $1,633,000 shall be available for forensic and related support of
investigations of missing and exploited children; and of which
$5,000,000 shall be available as 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, 2005: Provided
further, That in fiscal year 2004 and thereafter, the James J. Rowley
Training Center is authorized to provide short-term medical services
for students undergoing training at the Center.
acquisition, construction, improvements, and related expenses
For necessary expenses of construction, repair, alteration, and
improvement of facilities, $3,579,000, to remain available until
expended.
TITLE IV--ASSESSMENTS, PREPAREDNESS, AND RECOVERY
Counterterrorism Fund
For necessary expenses, as determined by the Secretary of Homeland
Security, $20,000,000, to remain available until expended, to reimburse
any Department of Homeland Security organization for the costs of
providing support to counter, investigate, or prosecute unexpected
threats or acts of terrorism, including payment of rewards in
connection with these activities: Provided, That any funds provided
under this heading shall be available only after the Secretary notifies
the Committees on Appropriations of the Senate and the House of
Representatives in accordance with section 605 of this Act.
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; for expenses for
student athletic and related activities; the conducting of and
participating in firearms matches and presentation of awards; for
public awareness and enhancing community support of law enforcement
training; room and board for student interns; and services as
authorized by section 3109 of title 5, United States Code,
$172,736,000, of which up to $44,413,000 for materials and support
costs of Federal law enforcement basic training shall remain available
until September 30, 2005: Provided, That in fiscal year 2004 and
thereafter, the Center is authorized to accept and use gifts of
property, both real and personal, and to accept services, for
authorized purposes: Provided further, That in fiscal year 2004 and
thereafter, the Center is authorized to accept detailees from other
Federal agencies, on a non-reimbursable basis, to staff the
accreditation function: Provided further, That notwithstanding any
other provision of law, in fiscal year 2004 and thereafter, students
attending training at any Center site shall reside in on-Center or
Center-provided housing, insofar as available and in accordance with
Center policy: Provided further, That in fiscal year 2004 and
thereafter, funds appropriated in this account shall be available, at
the discretion of the Director, for the following: training United
States Postal Service law enforcement personnel and Postal police
officers; State and local government law enforcement training on a
space-available basis; training of foreign law enforcement officials on
a space-available basis with reimbursement of actual costs to this
appropriation, except that reimbursement may be waived by the Secretary
for law enforcement training activities in foreign countries undertaken
under section 801 of the Antiterrorism and Effective Death Penalty Act
of 1996 (Public Law 104-32); training of private sector security
officials on a space-available basis with reimbursement of actual costs
to this appropriation; and travel expenses of non-Federal personnel to
attend course development meetings and training sponsored by the
Center: Provided further, That in fiscal year 2004 and thereafter, 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: Provided further, That in fiscal year 2004 and thereafter,
the Center is authorized to provide short-term medical services for
students undergoing training at the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$28,708,000, to remain available until expended.
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, $2,888,000,000, which shall be allocated as follows:
(1) $1,750,000,000 for grants pursuant to section 1014 of
the USA PATRIOT Act of 2001 (42 U.S.C. 3711), of which
$500,000,000 shall be available for State and local law
enforcement terrorism prevention grants: Provided, That no
funds shall be made available to any State prior to the
submission of an updated state plan to the Office for Domestic
Preparedness: Provided further, That the application for grants
shall be made available to States within 15 days after
enactment of this Act; and that States shall submit
applications within 30 days after the grant announcement; and
that the Office for Domestic Preparedness shall act on each
application within 15 days after receipt: Provided further,
That each State shall obligate not less than 80 percent of the
total amount of the grant to local governments within 45 days
after the grant award;
(2) $30,000,000 for technical assistance;
(3) $750,000,000 for discretionary grants for use in high-
threat urban areas, as determined by the Secretary of Homeland
Security: Provided, That no less than 80 percent of any grant
to a State shall be made available by the State to local
governments within 45 days after the receipt of the funds:
Provided further, That section 1014(c)(3) of the USA PATRIOT
Act of 2001 (42 U.S.C. 3711) shall not apply to these grants;
and
(4) $358,000,000 for national programs:
Provided, That none of the funds appropriated under this heading shall
be used for the construction or renovation of facilities: Provided
further, That funds appropriated for State and local law enforcement
terrorism prevention grants under paragraph (1) and discretionary
grants under paragraph (3) 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: Provided further, That the Secretary of Homeland Security shall
notify the Committees on Appropriations of the Senate and House of
Representatives 15 days prior to the obligation of any amount of the
funds provided under paragraphs (1) and (3) of this heading: Provided
further, That not later than January 1, 2004, the Office of Domestic
Preparedness shall submit to the Committees on Appropriations of the
Senate and House of Representatives a report detailing efforts to
assess and disseminate best practices to emergency responders which, at
a minimum, shall discuss (1) efforts to coordinate and share
information with State and local officials and emergency preparedness
organizations; and (2) steps the Department proposes to improve the
coordination and sharing of such information, if any.
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. 2201 et
seq.), $750,000,000, to remain available until September 30, 2005:
Provided, That up to 5 percent of this amount shall be available for
program administration.
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), $3,615,000.
Emergency Preparedness and Response
operating expenses
(including rescission of funds)
For necessary expenses of the Emergency Preparedness and Response
Directorate, $826,801,000, to remain available until expended,
including activities authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4011 et seq.), 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 Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 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. 903 note), and the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That of the
amount provided under this heading: $163,000,000 shall be for
activities relating to Preparedness, Mitigation, Response and Recovery;
$434,000,000 shall be for Public Health Programs, including the
Disaster Medical Assistance Teams and the Strategic National Stockpile;
$165,214,000 shall be for Administrative and Regional Operations; and
$64,587,000 shall be for Urban Search and Rescue Teams.
In addition, of the funds appropriated under this heading by Public
Law 108-11 (117 Stat. 583), $3,000,000 are hereby rescinded.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2004, as
authorized by the Energy and Water Development Appropriations Act, 2001
(Public Law 106-377; 114 Stat. 114A-46), 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. 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. Fees received under this heading shall be deposited in this
account as offsetting collections and will become available for
authorized purposes on October 1, 2004, and remain available until
expended.
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,956,000,000, notwithstanding the matter under the heading ``Disaster
Relief'' under the heading ``Federal Emergency Management Agency'' of
chapter II of title I of Public Law 102-229 (42 U.S.C. 5203), to remain
available until expended; of which not to exceed $22,000,000 shall be
transferred to and merged with the appropriation for ``Office of the
Inspector General'' for audits and investigations: Provided, That the
Under Secretary for Emergency Preparedness and Response may provide
advanced funding to authorize nonprofit entities performing duties
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5131 et seq.) who respond to a disaster declared by the
President if the nonprofit entity petitions the Under Secretary for
such advanced funding and demonstrates that they would be unable to
respond to the disaster absent such funding.
disaster assistance direct loan program account
For direct loans, as authorized by section 319 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162):
Provided, That gross obligations for the principal amount of direct
loans not to 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). In addition, for
administrative expenses to carry out the direct loan program, $557,000.
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.), $150,000,000, 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 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133(g)): Provided further, That, notwithstanding section 203(f)
of that Act (42 U.S.C. 5133(f)), grant awards 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.
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. 4011 et seq.) and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), not to exceed $32,663,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; and not to exceed $77,809,000 for flood hazard mitigation,
to remain available until September 30, 2005, 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, 2005, and which amounts 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 2004, no funds in
excess of: (1) $55,000,000 for operating expenses; (2) $565,897,000 for
agents' commissions and taxes; and (3) $40,000,000 for interest on
Treasury borrowings shall be available from the National Flood
Insurance Fund.
national flood mitigation fund
(including transfer of funds)
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, 2005, 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.
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 the Reorganization Plan No. 3 of 1978 (5 U.S.C. 903
note), $165,000,000.
emergency food and shelter
To carry out an emergency food and shelter program pursuant to
title III of Public Law 100-77 (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.
cerro grande fire claims
For payment of claims under the Cerro Grande Fire Assistance Act
(Public Law 106-246; 114 Stat. 583), $38,062,000, to remain available
until expended: Provided, That up to 5 percent of this amount may be
made available for administrative costs.
Office of the Under Secretary for Information Analysis and
Infrastructure Protection
For necessary expenses of the Office of the Under Secretary for
Information Analysis and Infrastructure Protection as authorized by
section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121),
$10,460,000; of which $5,442,000 shall be for operations of the
Department of Homeland Security Command Center: Provided, That no later
than 120 days after enactment of this Act the Under Secretary of
Infrastructure Analysis and Infrastructure Protection shall submit a
report to the Committees on Appropriations of the Senate and House of
Representatives on the vulnerability of the 250 largest sports and
entertainment facilities (based on seating capacity).
Information Analysis and Infrastructure Protection, Operating Expenses
For necessary expenses for information analysis and infrastructure
protection as authorized by section 201 of the Homeland Security Act of
2002 (6 U.S.C. 121), $823,700,000, to remain available until September
30, 2005.
TITLE V--RESEARCH AND DEVELOPMENT
Office of the Under Secretary for Science and Technology
For necessary expenses of the Office of the Under Secretary for
Science and Technology as authorized by section 302 of the Homeland
Security Act of 2002 (6 U.S.C. 182), $5,400,000.
Science and Technology, Research, Development, Acquisition and
Operations
For necessary expenses for science and technology research,
development, acquisition, and operations, as authorized by sections
302, 307, and 308 of the Homeland Security Act of 2002 (6 U.S.C. 182,
187, 188), $866,000,000, to remain available until expended; of which
$55,000,000 is for university-based centers for homeland security as
authorized by section 308(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 188(b)(2)); and of which $70,000,000 is provided for the
centralized Federal technology clearinghouse as authorized by section
313 of the Homeland Security Act of 2002 (6 U.S.C. 193): Provided, That
of the total amount appropriated, $20,000,000 shall be available for
the construction of the National Biodefense Analysis and
Countermeasures Center: Provided further, That the Under Secretary for
Science and Technology shall work with the Coast Guard Research and
Development Center regarding research priorities for the Coast Guard:
Provided further, 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.
TITLE VI--GENERAL PROVISIONS
(including transfers of funds)
Sec. 601. 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. 602. The Federal Emergency Management Agency ``Working Capital
Fund'' shall be available to the Department of Homeland Security, as
authorized by sections 503 and 1517 of the Homeland Security Act of
2002 (6 U.S.C. 313 and 557), for expenses and equipment necessary for
maintenance and operations of such administrative services as the
Secretary determines may be performed more advantageously as central
services: Provided, That such fund shall hereafter be known as the
``Department of Homeland Security Working Capital Fund''.
Sec. 603. The Federal Emergency Management Agency ``Bequests and
Gifts'' account shall be available to the Department of Homeland
Security, as authorized by sections 503 and 1517 of the Homeland
Security Act of 2002 (6 U.S.C. 313 and 557), for the Secretary of
Homeland Security to accept, hold, administer and utilize gifts and
bequests, including property, to facilitate the work of the Department
of Homeland Security: Provided, That such fund shall hereafter be known
as ``Department of Homeland Security, Gifts and Donations'': Provided
further, That any gift or bequest is to be used in accordance with the
terms of that gift or bequest to the greatest extent practicable.
Sec. 604. No employee of the Department of Homeland Security may be
detailed or assigned from an agency, bureau, or office funded by this
Act to any other agency, bureau, or office of the Department for more
than 30 days unless the individual's employing agency or office is
fully reimbursed by the receiving agency or office for the salary and
expenses of the employee for the period of assignment unless expressly
so provided herein.
Sec. 605. (a) None of the funds provided by this Act, or 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 2004, 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 which:
(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 Congress; or (4) proposes
to use funds directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose, 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, or 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 2004, 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 Congress; or (3) results from any general savings from a reduction
in personnel which would result in a change in existing programs,
projects or activities, as approved by 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 to the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except
otherwise specifically provided, shall be increased by more than 10
percent by any 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. 606. Of the funds appropriated by this Act or otherwise made
available, not to exceed $100,000 may be used for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 607. 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 2004 until the date of enactment of an Act
authorizing intelligence activities for fiscal year 2004.
Sec. 608. The Federal Law Enforcement Training Center is directed
to establish an accrediting body that will include representatives from
the Federal law enforcement community, as well as non-Federal
accreditation experts involved in law enforcement training. The purpose
of this body will be to establish standards for measuring and assessing
the quality and effectiveness of Federal law enforcement training
programs, facilities, and instructors.
Sec. 609. For fiscal year 2004 and thereafter, none of the funds
made available by this Act may be used for the production of customs
declarations that do not inquire whether the passenger had been in the
proximity of livestock.
Sec. 610. For fiscal year 2004 and thereafter, none of the funds
made available by this Act shall be available for any activity or for
paying the salary of any Government employee where funding an activity
or paying a salary to a Government employee would result in a
determination, regulation, or policy that would prohibit the
enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 611. For fiscal year 2004 and thereafter, none of the funds
made available by this Act may be used to allow--
(1) the importation into the United States of any good,
ware, article, or merchandise mined, produced, or manufactured
by forced or indentured child labor, as determined under
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); or
(2) the release into the United States of any good, ware,
article, or merchandise on which there is in effect a detention
order under such section 307 on the basis that the good, ware,
article, or merchandise may have been mined, produced, or
manufactured by forced or indentured child labor.
Sec. 612. Unless otherwise provided, funds may be used for purchase
of insurance for official motor vehicles operated in foreign countries,
and for the hire and purchase of motor vehicles as authorized by
section 1343 of title 31, United States Code: Provided, That purchase
for police-type use of passenger vehicles may be made without regard to
the general purchase price limitation for the current fiscal year.
Sec. 613. Unless otherwise provided, funds may be used for uniforms
without regard to the general purchase price limitation for the current
fiscal year.
Sec. 614. None of the funds made available by this Act shall be
used to pay the salaries and expenses of personnel to 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 negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Transportation Security Administration for necessary security
checkpoints.
Sec. 615. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for testing (other than
simulations), deployment, or implementation 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) The General Accounting Office shall submit the report required
under paragraph (a) of this section no later than 60 days after the
Secretary of Homeland Security has published in the Federal Register
the Department's privacy notice for CAPPS II or no later than 60 days
after enactment of this Act, whichever is later.
Sec. 616. Not later than March 1, 2004, the Secretary of Homeland
Security shall submit to Congress a report that--
(1) details the progress made in developing countermeasures
for commercial aircraft against shoulder-fired missile systems,
including cost and time schedules for developing and deploying
such countermeasures; and
(2) in classified form and in conjunction with airports in
category X and category one, an assessment of the vulnerability
of such airports from the threat of shoulder-fired missile
systems and the interim measures being taken to address the
threat.
Sec. 617. Not later than March 1, 2004, the Secretary of Homeland
Security shall issue a classified report to Congress on the security
costs incurred by State and local government law enforcement personnel
in each State in complying with requests and requirements of the United
States Secret Service to provide protective services and transportation
for foreign and domestic officials.
Sec. 618. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended for the procurement
of any articles, materials, or supplies in contravention of the Buy
American Act (41 U.S.C. 10a et seq.).
Sec. 619. Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit a report in
unclassified form to Congress on the Homeland Security Advisory System,
which shall include--
(1) an assessment of how the system is fulfilling its
missions to--
(A) provide a national framework for Federal,
State, and local governments, private industry and the
public to gauge threat levels;
(B) establish the integration of factors for
assignment of threat conditions;
(C) unify the system of public announcements,
allowing government officials and citizens to
communicate the nature and degree of terrorist threats;
and
(D) provide a tool for combating terrorism by
deterring terrorist activity, notifying law enforcement
and State and local government officials of threats,
informing the public about government preparations, and
providing such officials and the public with
information necessary to respond to the threat;
(2) the average daily cost of elevating the Homeland
Security Advisory System by 1 threat level;
(3) an evaluation by the Inspector General of the
Department of Homeland Security of the responses to each of the
suggested protective measures to be taken at each threat level;
and
(4) a review of efforts taken by the Department of Homeland
Security to refine the Homeland Security Advisory System, and
the progress of tailoring the system so that threat alerts are
issued on a regional basis rather than nationally.
Sec. 620. (a) Congress finds that--
(1) emergency responders are the first line of defense in
protecting our Nation against terrorist attacks;
(2) the Department of Homeland Security uses population as
a factor when allocating grant funding to States and local
governments for emergency responders;
(3) population plays an important role in both formula and
discretionary grants, which are administered by the Department
of Homeland Security;
(4) the number of people in a city or State often differs
from estimates by the Census Bureau;
(5) large groups of tourists regularly visit many American
cities and States, but are not included in the resident
population of these cities and States; and
(6) the monetary needs of emergency responders are directly
related to the amount of people they are responsible to
protect.
(b) It is the sense of the Senate that the Secretary of Homeland
Security should take into account tourist population as a factor when
determining resource needs and potential vulnerabilities for the
purpose of allocating funds for discretionary and formula grants.
Sec. 621. Not later than 30 days after the date of enactment of
this Act, the Under Secretary for Emergency Preparedness and Response
shall--
(1) review the damage survey reports and project worksheets
relating to the damages and costs incurred by the University of
North Dakota as a result of the April 1997 flooding in North
Dakota, which is classified by Emergency Preparedness and
Response as DR-1174-ND; and
(2) submit a report on the efforts of the Directorate of
Emergency Preparedness and Response to resolve any outstanding
claims by the University of North Dakota relating to the
reports described in paragraph (1) to the Committees on
Appropriations of the Senate and House of Representatives.
Sec. 622. Not later than 60 days after the date of the enactment of
this Act, the Secretary of Homeland Security, in consultation with the
Secretary of State and the Attorney General, shall report to the
Committees on Appropriations of the Senate and the House of
Representatives on the feasibility of providing access to State and
local law enforcement agencies to the database of the Department of
State on potential terrorists known as the ``Tipoff'' database,
including the process by which classified information shall be secured
from unauthorized disclosure.
Sec. 623. Not later than 60 days after the date of enactment of
this Act, the Secretary of Homeland Security, in collaboration with the
Director of the Office of Management and Budget, shall submit a report
to the Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on Government Reform
of the House of Representatives, and the Select Committee on Homeland
Security of the House of Representatives on the status of the
Department's efforts to--
(1) complete an inventory of the Department's entire
information technology infrastructure;
(2) devise and deploy a secure comprehensive enterprise
architecture that--
(A) promotes interoperability of homeland security
information systems, including communications systems,
for agencies within and outside the Department;
(B) avoids unnecessary duplication; and
(C) aids rapid and appropriate information
exchange, retrieval, and collaboration at all levels of
government;
(3) consolidate multiple overlapping and inconsistent
terrorist watch lists, reconcile different policies and
procedures governing whether and how terrorist watch list data
are shared with other agencies and organizations, and resolve
fundamental differences in the design of the systems that house
the watch lists so as to achieve consistency and expeditious
access to accurate, complete, and current information;
(4) ensure that the Department's enterprise architecture
and the information systems leveraged, developed, managed, and
acquired under such enterprise architecture are capable of
rapid deployment, limit data access only to authorized users in
a highly secure environment, and are capable of continuous
system upgrades to benefit from advances in technology while
preserving the integrity of stored data; and
(5) align common information technology investments within
the Department and between the Department and other Federal,
State, and local agencies responsible for homeland security to
minimize inconsistent and duplicate acquisitions and
expenditures.
Sec. 624. No funds in this Act shall be available for any contract
entered into after the date of enactment of this Act by the Department
of Homeland Security with--
(1) an inverted domestic corporation (as defined in section
835 of the Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 395)),
(2) any corporation which completed a plan (or series of
transactions) described in such section before, on, or after
the date of enactment of the Homeland Security Act of 2002
(Public Law 107-296; 6 U.S.C. 395), or
(3) any subsidiary of a corporation described in paragraph
(1) or (2).
Sec. 625. It is the sense of the Senate that the Department of
Homeland Security's Undersecretary for Science and Technology should
take all appropriate steps to ensure the active participation of
historically black colleges and universities, tribal colleges,
Hispanic-serving institutions, and Alaskan Native serving institutions
in Department sponsored university research.
Sec. 626. (a) Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a plan
for enhancements of the operations of the Information Analysis and
Infrastructure Protection Directorate in order to--
(1) meet the personnel requirements of the Directorate;
(2) improve communications between the Directorate and the
intelligence community; and
(3) improve coordination between the Directorate and State
and local counterterrorism and law enforcement officials.
(b) In addition to the matters specified in subsection (a), the
plan shall include a description of the current assets and capabilities
of the Information Analysis and Infrastructure Protection Directorate,
a strategy for the Directorate for the coordination and dissemination
of intelligence and other information, and a schedule for the
implementation of the plan required under subsection (a).
Sec. 627. Not later than 90 days after the date of enactment of
this Act, the Comptroller General shall conduct a review and report to
Congress on all of the data-mining programs relating to law enforcement
and terrorism currently under development and in use in the Department
of Homeland Security.
Sec. 628. When establishing priorities for firefighting vehicles in
the Firefighter Assistance Grants program, the Secretary shall take
into consideration the unique geographical needs of individual fire
departments.
Sec. 629. Not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall conduct a study and
submit a report with recommendations to the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations of
the Senate regarding the status of the air traffic control
communications voids and gaps in tethered aerostat coverage around the
United States, such as those existing in the central Gulf of Mexico.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2004''.
Attest:
Secretary.
108th CONGRESS
1st Session
H. R. 2555
_______________________________________________________________________
AMENDMENT