[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2555 Engrossed in House (EH)]
1st Session
H. R. 2555
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2004, and for other purposes.
108th CONGRESS
1st Session
H. R. 2555
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2004, 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, 2004, and for other
purposes, namely:
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Administration
salaries and expenses
For necessary expenses for management and operations of the
Department of Homeland Security $221,493,000; of which not to exceed
$78,975,000 shall be for the Office of the Secretary and Executive
Management; of which not to exceed $116,139,000 shall be for the Office
of the Under Secretary for Management; of which not to exceed
$8,106,000 shall be for the Immediate Office of the Under Secretary for
Border and Transportation Security; of which not to exceed $10,044,000
shall be for the Immediate Office of the Under Secretary for
Information Analysis and Infrastructure Protection and the Command
Center; of which not to exceed $3,293,000 shall be for the Immediate
Office of the Under Secretary for Emergency Preparedness and Response;
and of which not to exceed $4,936,000 shall be for the Immediate Office
of the Under Secretary for Science and Technology: Provided, That not
to exceed $2,000,000 may be used for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Secretary of Homeland Security: Provided further, That not to
exceed $40,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine.
Counterterrorism Fund
For necessary expenses, as determined by the Secretary of Homeland
Security, $20,000,000, to remain available until expended, to reimburse
any Federal agency 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 the Secretary shall notify the Committees on
Appropriations 15 days prior to the obligation of any amount of these
funds in accordance with section 503 of this Act.
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, $206,000,000, to remain available until
expended: Provided, That none of the funds appropriated shall be used
to support or supplement the appropriations provided for the United
States Visitor and Immigrant Status Indicator Technology system and the
Automated Commercial Environment.
Office of the Inspector General
salaries and expenses
(including transfer of funds)
For necessary expenses for 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 $1,000,000 may be
used for unforeseen emergencies of a confidential nature, to be
allocated under the direction of the Inspector General of the
Department of Homeland Security: Provided, That in addition,
$22,000,000 shall be derived by transfer from the Emergency
Preparedness and Response Disaster Relief Fund.
TITLE II--BORDER AND TRANSPORTATION SECURITY
CUSTOMS AND BORDER PROTECTION
Bureau of Customs and Border Protection
salaries and expenses
(including transfer of funds)
For necessary expenses of the Bureau of Customs and Border
Protection for enforcement of laws relating to border security,
immigration, customs, and agricultural inspections and regulatory
activities related to plant and animal imports, including planning,
construction, and necessary related activities of buildings and
facilities, $4,584,600,000; of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to exceed
$129,000,000 to remain available until September 30, 2005, shall be for
inspection technology; of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13021(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; and of which not to
exceed $5,000,000 shall be 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 available to the
Directorate of Border and Transportation Security may be used to pay
any employee overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2004, except that the Commissioner
of Customs and Border Protection may exceed such limitation as
necessary for national security purposes and in cases of immigration
emergencies: Provided further, That uniforms may be purchased without
regard to the general purchase price limitation for the current fiscal
year: Provided further, That no funds shall be available for the site
acquisition, design, or construction of any Border Patrol checkpoint in
the Tucson sector: Provided further, That the Border Patrol shall
relocate its checkpoints in the Tucson sector at least once every 7
days in a manner designed to prevent persons subject to inspection from
predicting the location of any such checkpoint.
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 this account.
Automation Modernization
For expenses not otherwise provided for Bureau of Customs and
Border Protection automated systems, $493,727,000, 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 under this heading may be obligated for
the Automated Commercial Environment until the Bureau of Customs and
Border Protection prepares and submits to the Committees on
Appropriations a plan for expenditure that: (1) meets the capital
planning and investment control review requirements established by the
Office of Management and Budget, including OMB 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: Provided further, That none of the funds appropriated under
this heading may be obligated for the Automated Commercial Environment
until such expenditure plan has been approved by the Committees on
Appropriations.
IMMIGRATION AND CUSTOMS ENFORCEMENT
Bureau of Immigration and Customs Enforcement
salaries and expenses
For necessary expenses of the Bureau of Immigration and Customs
Enforcement for enforcement of immigration and customs laws, detention
and removals, investigations, including planning, construction, and
necessary related activities of buildings and facilities,
$2,030,000,000; of which not to exceed $5,000,000, to remain available
until expended, shall be for conducting special operations pursuant to
Public Law 99-570 (19 U.S.C. 2081); of which not to exceed $15,000
shall be for official reception and representation expenses; of which
not less than $100,000 shall be for promotion of public awareness of
the child pornography tipline; and of which not less than $200,000
shall be for Project Alert: Provided, That none of the funds available
to the Bureau of Immigration and Customs Enforcement may be used to pay
any employee overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2004, except that the Assistant
Secretary of the Bureau of Immigration and Customs Enforcement may
exceed such limitation as necessary for national security purposes and
in cases of immigration emergencies: Provided further, That of the
total amount of funds made available for activities to enforce laws
against forced child labor in fiscal year 2004, not to exceed
$5,000,000 shall remain available until expended for support of such
activities: Provided further, That uniforms may be purchased without
regard to the general purchase price limitation for the current fiscal
year.
Federal Protective Service
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operations of the Federal Protective Service, $424,211,000 shall be
transferred from the revenues and collections in the General Services
Administration, Federal Buildings Fund.
Automation and Infrastructure Modernization
For expenses not otherwise provided for Bureau of Immigration and
Customs Enforcement automated systems, $367,605,000, to remain
available until expended, of which not less than $350,000,000 shall be
for the development of the United States Visitor and Immigrant Status
Indicator Technology system (US VISIT): Provided, That none of the
funds appropriated under this heading may be obligated for US VISIT
until the Bureau of Immigration and Customs Enforcement prepares and
submits to the Committees on Appropriations a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including OMB Circular A-11, part 3; (2) complies with the Bureau of
Immigration and Customs Enforcement 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 Immigration
and Customs Enforcement Investment Review Board, the Department of
Homeland Security, and the Office of Management and Budget; and (5) is
reviewed by the General Accounting Office: Provided further, That none
of the funds appropriated under this heading may be obligated for US
VISIT until such expenditure plan has been approved by the Committees
on Appropriations.
Air and Marine Interdiction
For expenses, not otherwise provided for, necessary for the
operation, maintenance and procurement of marine vessels, aircraft, and
other related equipment of the Office of Air and Marine Interdiction of
the Bureau of Immigration and Customs Enforcement, 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:
conducting homeland security operations; interdiction of narcotics and
other illegal substances or items; the provision of support to
Department of Homeland Security and other 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, $175,000,000, which
shall 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 2004 without the prior approval of the Committees on
Appropriations.
TRANSPORTATION SECURITY ADMINISTRATION
Aviation Security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to Public Law 107-71, $3,679,200,000 (reduced by $20,000,000),
to remain available until expended, of which not to exceed $3,000 shall
be for official reception and representation expenses: Provided, That
of such total amount, not to exceed $1,672,700,000 shall be for
passenger screening activities; not to exceed $1,284,800,000 shall be
for baggage screening activities; and not to exceed $721,700,000 shall
be for airport support 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 and used for providing civil aviation security
services authorized by that section: 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 2004, so as to result in a final fiscal year appropriation
from the General Fund estimated at not more than $1,609,200,000:
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 none
of the funds in this Act shall be used to recruit or hire personnel
into the Transportation Security Administration which would cause the
agency to exceed a staffing level of 45,000 full-time equivalent
screeners: Provided further, That of the total amount provided herein,
$235,000,000 shall be available only for physical modification of
commercial service airports for the purpose of installing checked
baggage explosive detection systems and $100,000,000 shall be available
only for procurement of checked baggage explosive detection systems.
Federal Air Marshals
For necessary expenses of the Federal air marshals, $634,600,000,
to remain available until expended.
Maritime and Land Security
For necessary expenses of the Transportation Security
Administration related to maritime and land transportation security
grants and services pursuant to Public Law 107-71, $231,700,000, to
remain available until expended: Provided, That of such amount,
$100,000,000 shall be available only to make port security grants,
which shall be distributed under the same terms and conditions as
provided for under Public Law 107-117.
Intelligence
For necessary expenses of the Transportation Security
Administration related to transportation security intelligence
activities, $13,700,000, to remain available until expended.
Research and Development
For necessary expenses of the Transportation Security
Administration for research and development related to transportation
security, $125,700,000, to remain available until expended.
Administration
For necessary expenses of the Transportation Security
Administration for administrative activities, including headquarters
and field support, training, and information technology, $487,100,000,
to remain available until September 30, 2005.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
Salaries and Expenses
For the necessary expenses of the Federal Law Enforcement Training
Center, $136,629,000, of which $26,635,000 shall be for material and
support costs of Federal law enforcement basic training and 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 notwithstanding any other provision of law, the Center
is authorized to expend appropriations for the purchase of police-type
pursuit vehicles without regard to the general purchase price
limitation; student athletic and related recreational activities;
conducting and participating in firearms matches and the presentation
of awards for such matches; public awareness and enhancing community
support of law enforcement training, including the advertisement and
marketing of available law enforcement training programs; room and
board for student interns; short-term medical services for students
undergoing training at Center training facilities; travel expenses of
non-Federal personnel attending course development meetings; services
authorized by section 3109 of title 5, United States Code; support of
Federal law enforcement accreditation; and a flat monthly reimbursement
to employees authorized to use personal cell phones for official
duties: Provided further, That: (1) funds appropriated to this account
may be used at the discretion of the Center's Director to train United
States Postal Service law enforcement personnel, State and local law
enforcement personnel, foreign law enforcement personnel, and private
security personnel; (2) with the exception of private security
personnel, the Center's Director is authorized to fully fund the cost
of this training, including the cost of non-Federal travel, or to seek
full or partial reimbursement for this training; and (3) such
reimbursements shall be deposited in this appropriation: Provided
further, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training at 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 the Center is authorized to accept
and use gifts of property, real and personnel, and to accept services,
for authorized purposes: Provided further, That the Center is
authorized to harvest timber and use the proceeds from timber sales to
supplement the Center's forest management and environmental programs:
Provided further, That notwithstanding any other provision of law,
students attending training at any Center site shall reside in on-
center or center-provided housing, to the extent available and in
accordance with Center policy.
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,
$32,323,000, to remain available until expended: Provided, That the
Federal Law Enforcement Training Center is authorized to accept
reimbursement to this appropriation from government agencies requesting
the construction of special use facilities on training centers operated
by the Federal Law Enforcement Training Center: Provided further, That
notwithstanding any other provision of law, all facilities shall remain
under the control of the Federal Law Enforcement Training Center, which
shall be responsible for scheduling, use, maintenance, and support.
OFFICE FOR DOMESTIC PREPAREDNESS
Domestic Preparedness
For grants, contracts, cooperative agreements, and other activities
of the Office for Domestic Preparedness, as authorized by the Homeland
Security Act of 2002 (Public Law 107-296) and the USA PATRIOT Act of
2001 (Public Law 107-56), $3,503,000,000 (increased by $10,000,000), to
remain available until expended: Provided, That of the amount provided
under this heading--
(1) $1,900,000,000 shall be for basic formula grants;
(2) $500,000,000 (increased by $10,000,000) shall be for
grants to State and local law enforcement for terrorism
prevention activities;
(3) $200,000,000 shall be for critical infrastructure
grants;
(4) $500,000,000 shall be for discretionary grants for use
in high-density urban areas and high-threat areas; and
(5) $35,000,000 shall be for grants for Centers for
Emergency Preparedness:
Provided further, That the application for grants appropriated in
subsections (1), (2), and (3) under this heading shall be made
available to States within 30 days of enactment of this Act; States
shall submit applications within 30 days of the grant announcement; and
the Office for Domestic Preparedness shall act on each application
within 15 days of receipt: Provided further, That 80 percent of the
funds appropriated in subsections (1), (2), (3), and (4) under this
heading to any State shall be allocated by the State to units of local
governments and shall be distributed by the State within 60 days of the
receipt of funds: Provided further, That section 1014(c)(3) of Public
Law 107-56 shall not apply to funds appropriated in subsections (4) and
(5) under this heading: Provided further, That none of the funds
appropriated under this heading shall be used for construction or
renovation of facilities: Provided further, That funds appropriated in
subsections (3) and (4) under this heading shall be available for
operational costs, including personnel overtime as needed.
TITLE III--EMERGENCY PREPAREDNESS AND RESPONSE
Administrative and Regional Operations
For necessary expenses for administrative and regional operations
of the Emergency Preparedness and Response Directorate, $168,589,000,
including activities authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 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 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, and the Homeland Security Act of
2002; of which not to exceed $3,000 shall be for official reception and
representation expenses.
Preparedness, Mitigation, Response, and Recovery
For necessary expenses for preparedness, mitigation, response, and
recovery activities of the Emergency Preparedness and Response
Directorate, $363,339,000, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 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 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, and the Homeland Security Act of 2002; of which $25,000,000 shall
be for emergency operations centers grants: Provided, That the
aggregate charges assessed during fiscal year 2004, as authorized by
Public Law 106-377, 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 further, 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 pursuant to this section shall be
deposited in this account as offsetting collections, shall become
available for authorized purposes on October 1, 2004, and shall remain
available until expended.
Public Health Programs
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations, $484,000,000,
including $400,000,000, to remain available until expended, for the
Strategic National Stockpile.
Biodefense Countermeasures
For necessary expenses for securing medical countermeasures against
biological terror attacks, $5,593,000,000, to remain available until
September 30, 2013: Provided, That not to exceed $3,418,000,000 may be
obligated during fiscal years 2004 through 2008, of which not to exceed
$890,000,000 may be obligated during fiscal year 2004.
Grant Programs
For activities designed to reduce the risk of flood damage to
structures pursuant to the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), notwithstanding sections 1366(b)(3)(B)-(C) and
1366(f) of such Act, and 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.), $200,000,000, to
remain available until expended, of which $20,000,000 shall be derived
from the National Flood Insurance Fund, and shall remain available
until September 30, 2005: Provided, That grants made for pre-disaster
mitigation shall be awarded on a competitive basis subject to the
criteria in section 203(g) of such title II (42 U.S.C. 5133(g)):
Provided further, That notwithstanding section 203(f) of such title II
(42 U.S.C. 5133(f)), grant awards shall be made without reference to
State allocations, quotas, or other formula-based allocation of funds.
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\1/2\ percent of the total appropriation.
Firefighter Assistance Grants
(including transfer of funds)
For necessary expenses, not otherwise provided for, for programs as
authorized by section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2201 et seq.), $750,000,000 (increased by
$10,000,000) to remain available through September 30, 2005: Provided,
That up to 5 percent of this amount shall be transferred to
``Preparedness, Mitigation, Response, and Recovery'' for program
administration.
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.),
$1,800,000,000 and, notwithstanding 42 U.S.C. 5203, to remain available
until expended, of which not to exceed $22,000,000 may be transferred
to the Office of Inspector General for audits and investigations.
Flood Map Modernization Fund
For necessary expenses pursuant to section 1360 of the National
Flood Insurance Act of 1968, $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.
National Flood Insurance Fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968, and
the Flood Disaster Protection Act of 1973, not to exceed $32,761,000
for salaries and expenses associated with flood mitigation and flood
insurance operations, and not to exceed $77,809,000 for flood
mitigation, to remain available until September 30, 2005, including up
to $20,000,000 for expenses under section 1366 of such Act of 1968,
which amount shall be available for transfer to Grant Programs until
September 30, 2005, and which amounts shall be derived from offsetting
collections assessed and collected pursuant to 42 U.S.C. 4014, and
shall be retained and used for necessary expenses under this heading:
Provided, That no funds, in excess of $55,000,000 for operating
expenses; $565,897,000 for agents' commissions and taxes; and
$40,000,000 for interest on Treasury borrowings, shall be available
from the National Flood Insurance Fund without prior notice to the
Committees on Appropriations.
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: Provided, That
these funds are available to subsidize 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. In addition, for
administrative expenses to carry out the direct loan program, $558,000.
TITLE IV--OTHER DEPARTMENTAL ACTIVITIES
CITIZENSHIP AND IMMIGRATION SERVICES
Operating Expenses
For necessary expenses for citizenship and immigration services,
including international services, $248,500,000.
UNITED STATES COAST GUARD
Operating Expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; payments pursuant to section
156 of Public Law 97-377 (42 U.S.C. 402 note); and recreation and
welfare; $4,703,530,000, of which $1,300,000,000 shall be for defense-
related activities; of which $25,000,000 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 in this or any other Act shall be available
for pay of administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none of the
funds provided in 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.
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; $94,051,000.
Acquisitions, 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, $805,000,000, of which
$23,500,000 shall be derived from the Oil Spill Liability Trust Fund;
of which $66,500,000 shall be available until September 30, 2008 to
acquire, repair, renovate, or improve vessels, small boats, and related
equipment; $138,500,000 shall be available until September 30, 2006 for
other equipment; $70,000,000 shall be available until September 30,
2005 for personnel compensation and benefits and related costs; and
$530,000,000 shall be available until September 30, 2008 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,
2006 only for Rescue 21 (the National Distress and Response System
Modernization program): Provided further, That upon initial submission
to the Congress of the fiscal year 2005 President's budget, the
Secretary of Homeland Security shall transmit to the Congress a
comprehensive capital investment plan for the United States Coast Guard
that includes funding for each budget line item for fiscal years 2005
through 2009, with total funding for each year of the plan constrained
to the funding targets for those years as estimated and approved by the
Office of Management and Budget.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, $19,500,000, to remain available until expended.
Research, Development, Test, and Evaluation
For necessary expenses, not otherwise provided for, for applied
scientific research, development, test, and evaluation; and
maintenance, rehabilitation, lease and operation of facilities and
equipment, as authorized by law; $22,000,000, to remain available until
expended, of which $3,500,000 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 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 the Dependents Medical Care Act
(10 U.S.C. ch. 55), $1,020,000,000.
INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Operating Expenses
For necessary expenses of the Directorate of Information Analysis
and Infrastructure Protection of the Department of Homeland Security as
authorized by law, $776,000,000, to remain available until September
30, 2005.
SCIENCE AND TECHNOLOGY
Research, Development, Acquisition, and Operations
For necessary expenses of activities of the Department of Homeland
Security in carrying out the purposes of title III of the Homeland
Security Act of 2002 (Public Law 107-296), for basic and applied
research, development, test and evaluation, construction, procurement,
production, modification and modernization of systems, subsystems,
spare parts, accessories, training devices, operation of the Science
and Technology Directorate and its organizations and activities,
including the Homeland Security Advanced Research Projects Agency, for
cooperative programs with States and local governments to enable the
detection, destruction, disposal, or mitigation of the effects of
weapons of mass destruction and other terrorist weapons, and for the
construction, maintenance, rehabilitation, lease, and operation of
buildings and other facilities, and equipment, necessary for the
activities of the Directorate, $900,360,000, to remain available until
September 30, 2006.
UNITED STATES SECRET SERVICE
Salaries and Expenses
For necessary expenses of the United States Secret Service,
$1,148,700,000, including purchase of American-made side-car 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 and 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 limitation on such expenditures in this or any other Act; for
research and development; for making grants to conduct behavioral
research in support of protective research and operations; not to
exceed $25,000 for official reception and representation expenses; 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; and for uniforms without
regard to the general purchase limitation for the current fiscal year:
Provided, That $1,633,000 shall be available for forensic and related
support of investigations of missing and exploited children: Provided
further, That $4,783,000 shall be available as a grant for activities
related to the investigations of exploited children and shall remain
available until expended: Provided further, That up to $18,000,000 for
protective travel shall remain available until September 30, 2005:
Provided further, That subject to the reimbursement of actual costs to
this account, 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, training Federal law enforcement officers, training State and
local government law enforcement officers on a space-available basis,
and training private sector security officials on a space-available
basis: 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: Provided further, That 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 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.
(transfers of unexpended balances)
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act. 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.
(including transfer of funds)
Sec. 503. (a) 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 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 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; 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
both Committees on Appropriations 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 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 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 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 in this
Act or provided in previous appropriation Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds and shall not be
available for obligation unless the Committees on Appropriations are
notified 15 days in advance of such transfer.
Sec. 504. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2004 from appropriations made available for salaries
and expenses for fiscal year 2004 in this Act, shall remain available
through September 30, 2005, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 505. Except as otherwise provided in this Act, funds may be
used for 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. 506. 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, for expenses and equipment necessary for maintenance and
operations of such administrative services as the Secretary of Homeland
Security determines may be performed more advantageously as central
services. Such fund shall hereafter be known as the ``Department of
Homeland Security Working Capital Fund''.
Sec. 507. 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, 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 shall be used in accordance with the terms of that gift
or bequest to the greatest extent practicable.
Sec. 508. 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 enactment of the Intelligence
Authorization Act for fiscal year 2004.
Sec. 509. 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. 510. None of the funds in this Act shall be available to plan,
finalize, or implement regulations that would establish a vessel
traffic safety fairway less than 5 miles wide between the Santa Barbara
Traffic Separation Scheme and the San Francisco Traffic Separation
Scheme.
Sec. 511. None of the funds in this Act may be used to make a grant
unless the Secretary of Homeland Security notifies the Committees on
Appropriations not less than 3 full business days before any grant
allocation, discretionary grant award, or letter of intent totaling
$1,000,000 or more is announced by the department or its directorates
from: (1) any discretionary or formula-based grant program of the
Office of Domestic Preparedness; (2) any letter of intent from the
Transportation Security Administration; or (3) any port security grant:
Provided, That no notification shall involve funds that are not
available for obligation.
Sec. 512. Notwithstanding any other provision of law, no agency
shall purchase, construct, and/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, 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. 513. The Federal Law Enforcement Training Center is directed
to ensure that all of the training centers under its control are
operated at their highest potential capacity efficiency throughout the
fiscal year. In order to facilitate this direction, the Director is
authorized to schedule basic and advanced law enforcement training at
any site the Federal Law Enforcement Training Center determines is
warranted in the interests of the Government to ensure the best
utilization of the Center's total capacity for training,
notwithstanding legislative prohibitions.
Sec. 514. 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 has been in the proximity of livestock.
Sec. 515. 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.
Sec. 516. None of the funds made available in 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 pursuant to
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, pursuant to 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. 517. Appropriations to the Department of Homeland Security in
this Act shall be available for purchase of insurance for official
motor vehicles operated in foreign countries; purchase of motor
vehicles without regard to the general purchase price limitations for
vehicles purchased and used overseas for the current fiscal year;
entering into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by section 3109
of title 5, United States Code.
Sec. 518. None of the funds appropriated in 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. 519. None of the funds in 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. 520. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a-10c).
Sec. 521. None of the funds made available in this Act 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.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2004''.
Passed the House of Representatives June 24, 2003.
Attest:
Clerk.