[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2555 Public Print (PP)]
1st Session
H. R. 2555
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24 (legislative day, July 21), 2003
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>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:
<DELETED>TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS</DELETED>
<DELETED>Departmental Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Counterterrorism Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Department-Wide Technology Investments</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II--BORDER AND TRANSPORTATION SECURITY</DELETED>
<DELETED>CUSTOMS AND BORDER PROTECTION</DELETED>
<DELETED>Bureau of Customs and Border Protection</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Automation Modernization</DELETED>
<DELETED> 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.</DELETED>
<DELETED>IMMIGRATION AND CUSTOMS ENFORCEMENT</DELETED>
<DELETED>Bureau of Immigration and Customs Enforcement</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Protective Service</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Automation and Infrastructure Modernization</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Air and Marine Interdiction</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TRANSPORTATION SECURITY ADMINISTRATION</DELETED>
<DELETED>Aviation Security</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Air Marshals</DELETED>
<DELETED> For necessary expenses of the Federal air marshals,
$634,600,000, to remain available until expended.</DELETED>
<DELETED>Maritime and Land Security</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Intelligence</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to transportation security intelligence
activities, $13,700,000, to remain available until expended.</DELETED>
<DELETED>Research and Development</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration for research and development related to transportation
security, $125,700,000, to remain available until expended.</DELETED>
<DELETED>Administration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>FEDERAL LAW ENFORCEMENT TRAINING CENTER</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Acquisition, Construction, Improvements, and Related
Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>OFFICE FOR DOMESTIC PREPAREDNESS</DELETED>
<DELETED>Domestic Preparedness</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) $1,900,000,000 shall be for basic formula
grants;</DELETED>
<DELETED> (2) $500,000,000 (increased by $10,000,000) shall
be for grants to State and local law enforcement for terrorism
prevention activities;</DELETED>
<DELETED> (3) $200,000,000 shall be for critical
infrastructure grants;</DELETED>
<DELETED> (4) $500,000,000 shall be for discretionary grants
for use in high-density urban areas and high-threat areas;
and</DELETED>
<DELETED> (5) $35,000,000 shall be for grants for Centers
for Emergency Preparedness:</DELETED>
<DELETED>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.</DELETED>
<DELETED>TITLE III--EMERGENCY PREPAREDNESS AND RESPONSE</DELETED>
<DELETED>Administrative and Regional Operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Preparedness, Mitigation, Response, and Recovery</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Public Health Programs</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Biodefense Countermeasures</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Grant Programs</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Emergency Food and Shelter</DELETED>
<DELETED> 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</DELETED>\<DELETED>1/
2</DELETED>\ <DELETED>percent of the total appropriation.</DELETED>
<DELETED>Firefighter Assistance Grants</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Disaster Relief</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Flood Map Modernization Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>National Flood Insurance Fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Disaster Assistance Direct Loan Program Account</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE IV--OTHER DEPARTMENTAL ACTIVITIES</DELETED>
<DELETED>CITIZENSHIP AND IMMIGRATION SERVICES</DELETED>
<DELETED>Operating Expenses</DELETED>
<DELETED> For necessary expenses for citizenship and immigration
services, including international services, $248,500,000.</DELETED>
<DELETED>UNITED STATES COAST GUARD</DELETED>
<DELETED>Operating Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Environmental Compliance and Restoration</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Reserve Training</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Acquisitions, Construction, and Improvements</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Alteration of Bridges</DELETED>
<DELETED> For necessary expenses for alteration or removal of
obstructive bridges, $19,500,000, to remain available until
expended.</DELETED>
<DELETED>Research, Development, Test, and Evaluation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Retired Pay</DELETED>
<DELETED> 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.</DELETED>
<DELETED>INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION</DELETED>
<DELETED>Operating Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SCIENCE AND TECHNOLOGY</DELETED>
<DELETED>Research, Development, Acquisition, and Operations</DELETED>
<DELETED> 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.</DELETED>
<DELETED>UNITED STATES SECRET SERVICE</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Acquisition, Construction, Improvements, and Related
Expenses</DELETED>
<DELETED> For necessary expenses of construction, repair,
alteration, and improvement of facilities, $3,579,000, to remain
available until expended.</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>
<DELETED> 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.</DELETED>
<DELETED>(transfers of unexpended balances)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 516. None of the funds made available in this Act may
be used to allow--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for
these items, or</DELETED>
<DELETED> (2) space for necessary security
checkpoints.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2004''.</DELETED>
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''.
Passed the House of Representatives June 24, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate July 24 (legislative day, July 21), 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.