[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2555 Reported in House (RH)]






                                                  Union Calendar No. 84
108th CONGRESS
  1st Session
                                H. R. 2555

                          [Report No. 108-169]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2004, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2003

Mr. Rogers of Kentucky, from the Committee on Appropriations, reported 
 the following bill; which was committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Homeland Security for the fiscal 
year ending September 30, 2004, and for other purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

                      Departmental Administration

                         salaries and expenses

    For necessary expenses for management and operations of the 
Department of Homeland Security $221,493,000; of which not to exceed 
$78,975,000 shall be for the Office of the Secretary and Executive 
Management; of which not to exceed $116,139,000 shall be for the Office 
of the Under Secretary for Management; of which not to exceed 
$8,106,000 shall be for the Immediate Office of the Under Secretary for 
Border and Transportation Security; of which not to exceed $10,044,000 
shall be for the Immediate Office of the Under Secretary for 
Information Analysis and Infrastructure Protection and the Command 
Center; of which not to exceed $3,293,000 shall be for the Immediate 
Office of the Under Secretary for Emergency Preparedness and Response; 
and of which not to exceed $4,936,000 shall be for the Immediate Office 
of the Under Secretary for Science and Technology: Provided, That not 
to exceed $2,000,000 may be used for unforeseen emergencies of a 
confidential nature, to be allocated and expended under the direction 
of the Secretary of Homeland Security: Provided further, That not to 
exceed $40,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine.

                         Counterterrorism Fund

    For necessary expenses, as determined by the Secretary of Homeland 
Security, $20,000,000, to remain available until expended, to reimburse 
any Federal agency for the costs of providing support to counter, 
investigate, or prosecute unexpected threats or acts of terrorism, 
including payment of rewards in connection with these activities: 
Provided, That the Secretary shall notify the Committees on 
Appropriations 15 days prior to the obligation of any amount of these 
funds in accordance with section 503 of this Act.

                 Department-Wide Technology Investments

    For development and acquisition of information technology 
equipment, software, services, and related activities for the 
Department of Homeland Security, and for the costs of conversion to 
narrowband communications, including the cost for operation of the Land 
Mobile Radio legacy systems, $206,000,000, to remain available until 
expended: Provided, That none of the funds appropriated shall be used 
to support or supplement the appropriations provided for the United 
States Visitor and Immigrant Status Indicator Technology system and the 
Automated Commercial Environment.

                    Office of the Inspector General

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $58,118,000; of which not to exceed $1,000,000 may be 
used for unforeseen emergencies of a confidential nature, to be 
allocated under the direction of the Inspector General of the 
Department of Homeland Security: Provided, That in addition, 
$22,000,000 shall be derived by transfer from the Emergency 
Preparedness and Response Disaster Relief Fund.

              TITLE II--BORDER AND TRANSPORTATION SECURITY

                     CUSTOMS AND BORDER PROTECTION

                Bureau of Customs and Border Protection

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Bureau of Customs and Border 
Protection for enforcement of laws relating to border security, 
immigration, customs, and agricultural inspections and regulatory 
activities related to plant and animal imports, including planning, 
construction, and necessary related activities of buildings and 
facilities, $4,584,600,000; of which not to exceed $25,000 shall be for 
official reception and representation expenses; of which not to exceed 
$129,000,000 to remain available until September 30, 2005, shall be for 
inspection technology; of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 13021(f)(3) of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account; and of which not to 
exceed $5,000,000 shall be for payments or advances arising out of 
contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
immigration: Provided, That none of the funds available to the 
Directorate of Border and Transportation Security may be used to pay 
any employee overtime pay in an amount in excess of $30,000 during the 
calendar year beginning January 1, 2004, except that the Commissioner 
of Customs and Border Protection may exceed such limitation as 
necessary for national security purposes and in cases of immigration 
emergencies: Provided further, That uniforms may be purchased without 
regard to the general purchase price limitation for the current fiscal 
year: Provided further, That no funds shall be available for the site 
acquisition, design, or construction of any Border Patrol checkpoint in 
the Tucson sector: Provided further, That the Border Patrol shall 
relocate its checkpoints in the Tucson sector at least once every 7 
days in a manner designed to prevent persons subject to inspection from 
predicting the location of any such checkpoint.
    In addition, for administrative expenses related to the collection 
of the Harbor Maintenance Fee, pursuant to Public Law 103-182, and 
notwithstanding section 1511(e)(1) of Public Law 107-296, $3,000,000 to 
be derived from the Harbor Maintenance Trust Fund and to be transferred 
to and merged with this account.

                        Automation Modernization

    For expenses not otherwise provided for Bureau of Customs and 
Border Protection automated systems, $493,727,000, to remain available 
until expended, of which not less than $318,690,000 shall be for the 
development of the Automated Commercial Environment: Provided, That 
none of the funds appropriated under this heading may be obligated for 
the Automated Commercial Environment until the Bureau of Customs and 
Border Protection prepares and submits to the Committees on 
Appropriations a plan for expenditure that (1) meets the capital 
planning and investment control review requirements established by the 
Office of Management and Budget, including OMB Circular A-11, part 3; 
(2) complies with the Bureau of Customs and Border Protection's 
Enterprise Information Systems Architecture; (3) complies with the 
acquisition rules, requirements, guidelines, and systems acquisition 
management practices of the Federal Government; (4) is reviewed and 
approved by the Bureau of Customs and Border Protection Investment 
Review Board, the Department of Homeland Security, and the Office of 
Management and Budget; and (5) is reviewed by the General Accounting 
Office: Provided further, That none of the funds appropriated under 
this heading may be obligated for the Automated Commercial Environment 
until such expenditure plan has been approved by the Committees on 
Appropriations.

                  IMMIGRATION AND CUSTOMS ENFORCEMENT

             Bureau of Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses of the Bureau of Immigration and Customs 
Enforcement for enforcement of immigration and customs laws, detention 
and removals, investigations, including planning, construction, and 
necessary related activities of buildings and facilities, 
$2,030,000,000; of which not to exceed $5,000,000, to remain available 
until expended, shall be for conducting special operations pursuant to 
Public Law 99-570 (19 U.S.C. 2081); of which not to exceed $15,000 
shall be for official reception and representation expenses; of which 
not less than $100,000 shall be for promotion of public awareness of 
the child pornography tipline; and of which not less than $200,000 
shall be for Project Alert: Provided, That none of the funds available 
to the Bureau of Immigration and Customs Enforcement may be used to pay 
any employee overtime pay in an amount in excess of $30,000 during the 
calendar year beginning January 1, 2004, except that the Assistant 
Secretary of the Bureau of Immigration and Customs Enforcement may 
exceed such limitation as necessary for national security purposes and 
in cases of immigration emergencies: Provided further, That of the 
total amount of funds made available for activities to enforce laws 
against forced child labor in fiscal year 2004, not to exceed 
$5,000,000 shall remain available until expended for support of such 
activities: Provided further, That uniforms may be purchased without 
regard to the general purchase price limitation for the current fiscal 
year.

                       Federal Protective Service

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operations of the Federal Protective Service, $424,211,000 shall be 
transferred from the revenues and collections in the General Services 
Administration, Federal Buildings Fund.

              Automation and Infrastructure Modernization

    For expenses not otherwise provided for Bureau of Immigration and 
Customs Enforcement automated systems, $367,605,000, to remain 
available until expended, of which not less than $350,000,000 shall be 
for the development of the United States Visitor and Immigrant Status 
Indicator Technology system (US VISIT): Provided, That none of the 
funds appropriated under this heading may be obligated for US VISIT 
until the Bureau of Immigration and Customs Enforcement prepares and 
submits to the Committees on Appropriations a plan for expenditure that 
(1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including OMB Circular A-11, part 3; (2) complies with the Bureau of 
Immigration and Customs Enforcement Enterprise Information Systems 
Architecture; (3) complies with the acquisition rules, requirements, 
guidelines, and systems acquisition management practices of the Federal 
Government; (4) is reviewed and approved by the Bureau of Immigration 
and Customs Enforcement Investment Review Board, the Department of 
Homeland Security, and the Office of Management and Budget; and (5) is 
reviewed by the General Accounting Office: Provided further, That none 
of the funds appropriated under this heading may be obligated for US 
VISIT until such expenditure plan has been approved by the Committees 
on Appropriations.

                      Air and Marine Interdiction

    For expenses, not otherwise provided for, necessary for the 
operation, maintenance and procurement of marine vessels, aircraft, and 
other related equipment of the Office of Air and Marine Interdiction of 
the Bureau of Immigration and Customs Enforcement, including 
operational training and mission-related travel, and rental payments 
for facilities occupied by the air or marine interdiction and demand 
reduction programs, the operations of which include the following: 
conducting homeland security operations; interdiction of narcotics and 
other illegal substances or items; the provision of support to 
Department of Homeland Security and other Federal, State, and local 
agencies in the enforcement or administration of laws enforced by the 
Bureau of Immigration and Customs Enforcement; and, at the discretion 
of the Under Secretary for Border and Transportation Security, the 
provision of assistance to Federal, State, and local agencies in other 
law enforcement and emergency humanitarian efforts, $175,000,000, which 
shall remain available until expended: Provided, That no aircraft or 
other related equipment, with the exception of aircraft that are one of 
a kind and have been identified as excess to Bureau of Immigration and 
Customs Enforcement requirements and aircraft that have been damaged 
beyond repair, shall be transferred to any other Federal agency, 
department, or office outside of the Department of Homeland Security, 
during fiscal year 2004 without the prior approval of the Committees on 
Appropriations.

                 TRANSPORTATION SECURITY ADMINISTRATION

                           Aviation Security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to Public Law 107-71, $3,679,200,000, to remain available 
until expended, of which not to exceed $3,000 shall be for official 
reception and representation expenses: Provided, That of such total 
amount, not to exceed $1,672,700,000 shall be for passenger screening 
activities; not to exceed $1,284,800,000 shall be for baggage screening 
activities; and not to exceed $721,700,000 shall be for airport support 
and enforcement presence: Provided further, That security service fees 
authorized under section 44940 of title 49, United States Code, shall 
be credited to this appropriation as offsetting collections and used 
for providing civil aviation security services authorized by that 
section: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced on a dollar-for-dollar basis as such 
offsetting collections are received during fiscal year 2004, so as to 
result in a final fiscal year appropriation from the General Fund 
estimated at not more than $1,609,200,000: Provided further, That any 
security service fees collected in excess of the amount appropriated 
under this heading shall be treated as offsetting collections in fiscal 
year 2005: Provided further, That none of the funds in this Act shall 
be used to recruit or hire personnel into the Transportation Security 
Administration which would cause the agency to exceed a staffing level 
of 45,000 full-time equivalent screeners: Provided further, That of the 
total amount provided herein, $235,000,000 shall be available only for 
physical modification of commercial service airports for the purpose of 
installing checked baggage explosive detection systems and $100,000,000 
shall be available only for procurement of checked baggage explosive 
detection systems.

                          Federal Air Marshals

    For necessary expenses of the Federal air marshals, $634,600,000, 
to remain available until expended.

                       Maritime and Land Security

    For necessary expenses of the Transportation Security 
Administration related to maritime and land transportation security 
grants and services pursuant to Public Law 107-71, $231,700,000, to 
remain available until expended: Provided, That of such amount, 
$100,000,000 shall be available only to make port security grants, 
which shall be distributed under the same terms and conditions as 
provided for under Public Law 107-117.

                              Intelligence

    For necessary expenses of the Transportation Security 
Administration related to transportation security intelligence 
activities, $13,700,000, to remain available until expended.

                        Research and Development

    For necessary expenses of the Transportation Security 
Administration for research and development related to transportation 
security, $125,700,000, to remain available until expended.

                             Administration

    For necessary expenses of the Transportation Security 
Administration for administrative activities, including headquarters 
and field support, training, and information technology, $487,100,000, 
to remain available until September 30, 2005.

                FEDERAL LAW ENFORCEMENT TRAINING CENTER

                         Salaries and Expenses

    For the necessary expenses of the Federal Law Enforcement Training 
Center, $136,629,000, of which $26,635,000 shall be for material and 
support costs of Federal law enforcement basic training and shall 
remain available until September 30, 2006, and of which not to exceed 
$12,000 shall be for official reception and representation expenses: 
Provided, That notwithstanding any other provision of law, the Center 
is authorized to expend appropriations for the purchase of police-type 
pursuit vehicles without regard to the general purchase price 
limitation; student athletic and related recreational activities; 
conducting and participating in firearms matches and the presentation 
of awards for such matches; public awareness and enhancing community 
support of law enforcement training, including the advertisement and 
marketing of available law enforcement training programs; room and 
board for student interns; short-term medical services for students 
undergoing training at Center training facilities; travel expenses of 
non-Federal personnel attending course development meetings; services 
authorized by section 3109 of title 5, United States Code; support of 
Federal law enforcement accreditation; and a flat monthly reimbursement 
to employees authorized to use personal cell phones for official 
duties: Provided further, That (1) funds appropriated to this account 
may be used at the discretion of the Center's Director to train United 
States Postal Service law enforcement personnel, State and local law 
enforcement personnel, foreign law enforcement personnel, and private 
security personnel; (2) with the exception of private security 
personnel, the Center's Director is authorized to fully fund the cost 
of this training, including the cost of non-Federal travel, or to seek 
full or partial reimbursement for this training; and (3) such 
reimbursements shall be deposited in this appropriation: Provided 
further, That the Center is authorized to obligate funds in 
anticipation of reimbursements from agencies receiving training at the 
Center, except that total obligations at the end of the fiscal year 
shall not exceed total budgetary resources available at the end of the 
fiscal year: Provided further, That the Center is authorized to accept 
and use gifts of property, real and personnel, and to accept services, 
for authorized purposes: Provided further, That the Center is 
authorized to harvest timber and use the proceeds from timber sales to 
supplement the Center's forest management and environmental programs: 
Provided further, That notwithstanding any other provision of law, 
students attending training at any Center site shall reside in on-
center or center-provided housing, to the extent available and in 
accordance with Center policy.

     Acquisition, Construction, Improvements, and Related Expenses

    For expansion of the Federal Law Enforcement Training Center, for 
acquisition of necessary additional real property and facilities, and 
for ongoing maintenance, facility improvements, and related expenses, 
$32,323,000, to remain available until expended: Provided, That the 
Federal Law Enforcement Training Center is authorized to accept 
reimbursement to this appropriation from government agencies requesting 
the construction of special use facilities on training centers operated 
by the Federal Law Enforcement Training Center: Provided further, That 
notwithstanding any other provision of law, all facilities shall remain 
under the control of the Federal Law Enforcement Training Center, which 
shall be responsible for scheduling, use, maintenance, and support.

                    OFFICE FOR DOMESTIC PREPAREDNESS

                         Domestic Preparedness

    For grants, contracts, cooperative agreements, and other activities 
of the Office for Domestic Preparedness, as authorized by the Homeland 
Security Act of 2002 (Public Law 107-296) and the USA PATRIOT Act of 
2001 (Public Law 107-56), $3,503,000,000, to remain available until 
expended: Provided, That of the amount provided under this heading--
            (1) $1,900,000,000 shall be for basic formula grants;
            (2) $500,000,000 shall be for grants to State and local law 
        enforcement for terrorism prevention activities;
            (3) $200,000,000 shall be for critical infrastructure 
        grants;
            (4) $500,000,000 shall be for discretionary grants for use 
        in high-density urban areas and high-threat areas; and
            (5) $35,000,000 shall be for grants for Centers for 
        Emergency Preparedness:
Provided further, That the application for grants appropriated in 
subsections (1), (2), and (3) under this heading shall be made 
available to States within 30 days of enactment of this Act; States 
shall submit applications within 30 days of the grant announcement; and 
the Office for Domestic Preparedness shall act on each application 
within 15 days of receipt: Provided further, That 80 percent of the 
funds appropriated in subsections (1), (2), (3), and (4) under this 
heading to any State shall be allocated by the State to units of local 
governments and shall be distributed by the State within 60 days of the 
receipt of funds: Provided further, That section 1014(c)(3) of Public 
Law 107-56 shall not apply to funds appropriated in subsections (4) and 
(5) under this heading: Provided further, That none of the funds 
appropriated under this heading shall be used for construction or 
renovation of facilities: Provided further, That funds appropriated in 
subsections (3) and (4) under this heading shall be available for 
operational costs, including personnel overtime as needed.

             TITLE III--EMERGENCY PREPAREDNESS AND RESPONSE

                 Administrative and Regional Operations

    For necessary expenses for administrative and regional operations 
of the Emergency Preparedness and Response Directorate, $168,589,000, 
including activities authorized by the National Flood Insurance Act of 
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 
1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404-405), 
Reorganization Plan No. 3 of 1978, and the Homeland Security Act of 
2002; of which not to exceed $3,000 shall be for official reception and 
representation expenses.

            Preparedness, Mitigation, Response, and Recovery

    For necessary expenses for preparedness, mitigation, response, and 
recovery activities of the Emergency Preparedness and Response 
Directorate, $363,339,000, including activities authorized by the 
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2201 et seq.), the Defense Production Act of 1950 (50 
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National 
Security Act of 1947 (50 U.S.C. 404-405), Reorganization Plan No. 3 of 
1978, and the Homeland Security Act of 2002; of which $25,000,000 shall 
be for emergency operations centers grants: Provided, That the 
aggregate charges assessed during fiscal year 2004, as authorized by 
Public Law 106-377, shall not be less than 100 percent of the amounts 
anticipated by the Department of Homeland Security necessary for its 
radiological emergency preparedness program for the next fiscal year: 
Provided further, That the methodology for assessment and collection of 
fees shall be fair and equitable, and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received pursuant to this section shall be 
deposited in this account as offsetting collections, shall become 
available for authorized purposes on October 1, 2004, and shall remain 
available until expended.

                         Public Health Programs

    For necessary expenses for countering potential biological, 
disease, and chemical threats to civilian populations, $484,000,000, 
including $400,000,000, to remain available until expended, for the 
Strategic National Stockpile.

                       Biodefense Countermeasures

    For necessary expenses for securing medical countermeasures against 
biological terror attacks, $5,593,000,000, to remain available until 
September 30, 2013: Provided, That not to exceed $3,418,000,000 may be 
obligated during fiscal years 2004 through 2008, of which not to exceed 
$890,000,000 may be obligated during fiscal year 2004.

                             Grant Programs

    For activities designed to reduce the risk of flood damage to 
structures pursuant to the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), notwithstanding sections 1366(b)(3) (B)-(C) and 
1366(f) of such Act, and for a pre-disaster mitigation grant program 
pursuant to title II of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5131 et seq.), $200,000,000, to 
remain available until expended, of which $20,000,000 shall be derived 
from the National Flood Insurance Fund, and shall remain available 
until September 30, 2005: Provided, That grants made for pre-disaster 
mitigation shall be awarded on a competitive basis subject to the 
criteria in section 203(g) of such title II (42 U.S.C. 5133(g)): 
Provided further, That notwithstanding section 203(f) of such title II 
(42 U.S.C. 5133(f)), grant awards shall be made without reference to 
State allocations, quotas, or other formula-based allocation of funds.

                       Emergency Food and Shelter

    To carry out an emergency food and shelter program pursuant to 
title III of Public Law 100-77 (42 U.S.C. 11331 et seq.), $153,000,000, 
to remain available until expended: Provided, That total administrative 
costs shall not exceed 3\1/2\ percent of the total appropriation.

                     Firefighter Assistance Grants

                     (including transfer of funds)

    For necessary expenses, not otherwise provided for, for programs as 
authorized by section 33 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2201 et seq.), $750,000,000 to remain available 
through September 30, 2005: Provided, That up to 5 percent of this 
amount shall be transferred to ``Preparedness, Mitigation, Response, 
and Recovery'' for program administration.

                            Disaster Relief

                     (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$1,800,000,000 and, notwithstanding 42 U.S.C. 5203, to remain available 
until expended, of which not to exceed $22,000,000 may be transferred 
to the Office of Inspector General for audits and investigations.

                      Flood Map Modernization Fund

    For necessary expenses pursuant to section 1360 of the National 
Flood Insurance Act of 1968, $200,000,000, and such additional sums as 
may be provided by State and local governments or other political 
subdivisions for cost-shared mapping activities under section 
1360(f)(2) of such Act; to remain available until expended.

                     National Flood Insurance Fund

                     (including transfer of funds)

    For activities under the National Flood Insurance Act of 1968, and 
the Flood Disaster Protection Act of 1973, not to exceed $32,761,000 
for salaries and expenses associated with flood mitigation and flood 
insurance operations, and not to exceed $77,809,000 for flood 
mitigation, to remain available until September 30, 2005, including up 
to $20,000,000 for expenses under section 1366 of such Act of 1968, 
which amount shall be available for transfer to Grant Programs until 
September 30, 2005, and which amounts shall be derived from offsetting 
collections assessed and collected pursuant to 42 U.S.C. 4014, and 
shall be retained and used for necessary expenses under this heading: 
Provided, That no funds, in excess of $55,000,000 for operating 
expenses; $565,897,000 for agents' commissions and taxes; and 
$40,000,000 for interest on Treasury borrowings, shall be available 
from the National Flood Insurance Fund without prior notice to the 
Committees on Appropriations.

            Disaster Assistance Direct Loan Program Account

    For direct loans, as authorized by section 319 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act: Provided, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $25,000,000: Provided 
further, That the cost of modifying such loans shall be as defined in 
section 502 of the Congressional Budget Act of 1974. In addition, for 
administrative expenses to carry out the direct loan program, $558,000.

                TITLE IV--OTHER DEPARTMENTAL ACTIVITIES

                  CITIZENSHIP AND IMMIGRATION SERVICES

                           Operating Expenses

    For necessary expenses for citizenship and immigration services, 
including international services, $248,500,000.

                       UNITED STATES COAST GUARD

                           Operating Expenses

    For necessary expenses for the operation and maintenance of the 
Coast Guard, not otherwise provided for; payments pursuant to section 
156 of Public Law 97-377 (42 U.S.C. 402 note); and recreation and 
welfare; $4,703,530,000, of which $1,300,000,000 shall be for defense-
related activities; of which $25,000,000 shall be derived from the Oil 
Spill Liability Trust Fund; and of which not to exceed $3,000 shall be 
for official reception and representation expenses: Provided, That none 
of the funds appropriated in this or any other Act shall be available 
for pay of administrative expenses in connection with shipping 
commissioners in the United States: Provided further, That none of the 
funds provided in this Act shall be available for expenses incurred for 
yacht documentation under section 12109 of title 46, United States 
Code, except to the extent fees are collected from yacht owners and 
credited to this appropriation.

                Environmental Compliance and Restoration

    For necessary expenses to carry out the Coast Guard's environmental 
compliance and restoration functions under chapter 19 of title 14, 
United States Code, $17,000,000, to remain available until expended.

                            Reserve Training

    For all necessary expenses of the Coast Guard Reserve, as 
authorized by law; maintenance and operation of facilities; and 
supplies, equipment, and services; $94,051,000.

              Acquisitions, Construction, and Improvements

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto, $805,000,000, of which 
$23,500,000 shall be derived from the Oil Spill Liability Trust Fund; 
of which $66,500,000 shall be available until September 30, 2008 to 
acquire, repair, renovate, or improve vessels, small boats, and related 
equipment; $138,500,000 shall be available until September 30, 2006 for 
other equipment; $70,000,000 shall be available until September 30, 
2005 for personnel compensation and benefits and related costs; and 
$530,000,000 shall be available until September 30, 2008 for the 
Integrated Deepwater Systems program: Provided, That the Commandant of 
the Coast Guard is authorized to dispose of surplus real property, by 
sale or lease, and the proceeds shall be credited to this appropriation 
as offsetting collections and shall be available until September 30, 
2006 only for Rescue 21 (the National Distress and Response System 
Modernization program): Provided further, That upon initial submission 
to the Congress of the fiscal year 2005 President's budget, the 
Secretary of Homeland Security shall transmit to the Congress a 
comprehensive capital investment plan for the United States Coast Guard 
that includes funding for each budget line item for fiscal years 2005 
through 2009, with total funding for each year of the plan constrained 
to the funding targets for those years as estimated and approved by the 
Office of Management and Budget.

                         Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, $19,500,000, to remain available until expended.

              Research, Development, Test, and Evaluation

    For necessary expenses, not otherwise provided for, for applied 
scientific research, development, test, and evaluation; and 
maintenance, rehabilitation, lease and operation of facilities and 
equipment, as authorized by law; $22,000,000, to remain available until 
expended, of which $3,500,000 shall be derived from the Oil Spill 
Liability Trust Fund: Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries, for expenses incurred for research, development, 
testing, and evaluation.

                              Retired Pay

    For retired pay, including the payment of obligations therefor 
otherwise chargeable to lapsed appropriations for this purpose, 
payments under the Retired Serviceman's Family Protection and Survivor 
Benefits Plans, payment for career status bonuses under the National 
Defense Authorization Act, and for payments for medical care of retired 
personnel and their dependents under the Dependents Medical Care Act 
(10 U.S.C. ch. 55), $1,020,000,000.

           INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

                           Operating Expenses

    For necessary expenses of the Directorate of Information Analysis 
and Infrastructure Protection of the Department of Homeland Security as 
authorized by law, $776,000,000, to remain available until September 
30, 2005.

                         SCIENCE AND TECHNOLOGY

           Research, Development, Acquisition, and Operations

    For necessary expenses of activities of the Department of Homeland 
Security in carrying out the purposes of title III of the Homeland 
Security Act of 2002 (Public Law 107-296), for basic and applied 
research, development, test and evaluation, construction, procurement, 
production, modification and modernization of systems, subsystems, 
spare parts, accessories, training devices, operation of the Science 
and Technology Directorate and its organizations and activities, 
including the Homeland Security Advanced Research Projects Agency, for 
cooperative programs with States and local governments to enable the 
detection, destruction, disposal, or mitigation of the effects of 
weapons of mass destruction and other terrorist weapons, and for the 
construction, maintenance, rehabilitation, lease, and operation of 
buildings and other facilities, and equipment, necessary for the 
activities of the Directorate, $900,360,000, to remain available until 
September 30, 2006.

                      UNITED STATES SECRET SERVICE

                         Salaries and Expenses

    For necessary expenses of the United States Secret Service, 
$1,148,700,000, including purchase of American-made side-car compatible 
motorcycles; hire of aircraft; services of expert witnesses at such 
rates as may be determined by the Director; rental of buildings in the 
District of Columbia, and fencing, lighting, guard booths, and other 
facilities on private or other property not in Government ownership or 
control, as may be necessary to perform protective functions; for 
payment of per diem and subsistence allowances to employees where a 
protective assignment during the actual day or days of the visit of a 
protectee require an employee to work 16 hours per day or to remain 
overnight at his or her post of duty; the conducting of and 
participating in firearms matches; presentation of awards; for travel 
of Secret Service employees on protective missions without regard to 
the limitation on such expenditures in this or any other Act; for 
research and development; for making grants to conduct behavioral 
research in support of protective research and operations; not to 
exceed $25,000 for official reception and representation expenses; not 
to exceed $100,000 to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; 
for payment in advance for commercial accommodations as may be 
necessary to perform protective functions; and for uniforms without 
regard to the general purchase limitation for the current fiscal year: 
Provided, That $1,633,000 shall be available for forensic and related 
support of investigations of missing and exploited children: Provided 
further, That $4,783,000 shall be available as a grant for activities 
related to the investigations of exploited children and shall remain 
available until expended: Provided further, That up to $18,000,000 for 
protective travel shall remain available until September 30, 2005: 
Provided further, That subject to the reimbursement of actual costs to 
this account, funds appropriated in this account shall be available, at 
the discretion of the Director, for the following: training United 
States Postal Service law enforcement personnel and Postal police 
officers, training Federal law enforcement officers, training State and 
local government law enforcement officers on a space-available basis, 
and training private sector security officials on a space-available 
basis: Provided further, That the United States Secret Service is 
authorized to obligate funds in anticipation of reimbursements from 
agencies and entities, as defined in section 105 of title 5, United 
States Code, receiving training sponsored by the James J. Rowley 
Training Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under this 
heading at the end of the fiscal year: Provided further, That the James 
J. Rowley Training Center is authorized to provide short-term medical 
services for students undergoing training at the Center.

     Acquisition, Construction, Improvements, and Related Expenses

    For necessary expenses of construction, repair, alteration, and 
improvement of facilities, $3,579,000, to remain available until 
expended.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

                   (transfers of unexpended balances)

    Sec. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act. Balances so transferred 
may be merged with funds in the applicable established accounts and 
thereafter may be accounted for as one fund for the same time period as 
originally enacted.

                     (including transfer of funds)

    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriation Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2004, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; or (4) proposes 
to use funds directed for a specific activity by either the House or 
Senate Committees on Appropriations for a different purpose, unless 
both Committees on Appropriations are notified 15 days in advance of 
such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriation Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2004, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities, as approved by the Congress; unless 
the Committees on Appropriations are notified 15 days in advance of 
such reprogramming of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security in this 
Act or provided in previous appropriation Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer pursuant to this 
section shall be treated as a reprogramming of funds and shall not be 
available for obligation unless the Committees on Appropriations are 
notified 15 days in advance of such transfer.
    Sec. 504. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2004 from appropriations made available for salaries 
and expenses for fiscal year 2004 in this Act, shall remain available 
through September 30, 2005, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 505. Except as otherwise provided in this Act, funds may be 
used for hire and purchase of motor vehicles as authorized by section 
1343 of title 31, United States Code: Provided, That purchase for 
police-type use of passenger vehicles may be made without regard to the 
general purchase price limitation for the current fiscal year.
    Sec. 506. The Federal Emergency Management Agency ``Working Capital 
Fund'' shall be available to the Department of Homeland Security, as 
authorized by sections 503 and 1517 of the Homeland Security Act of 
2002, for expenses and equipment necessary for maintenance and 
operations of such administrative services as the Secretary of Homeland 
Security determines may be performed more advantageously as central 
services. Such fund shall hereafter be known as the ``Department of 
Homeland Security Working Capital Fund''.
    Sec. 507. The Federal Emergency Management Agency ``Bequests and 
Gifts'' account shall be available to the Department of Homeland 
Security, as authorized by sections 503 and 1517 of the Homeland 
Security Act of 2002, for the Secretary of Homeland Security to accept, 
hold, administer, and utilize gifts and bequests, including property, 
to facilitate the work of the Department of Homeland Security: 
Provided, That such fund shall hereafter be known as ``Department of 
Homeland Security, Gifts and Donations'': Provided further, That any 
gift or bequest shall be used in accordance with the terms of that gift 
or bequest to the greatest extent practicable.
    Sec. 508. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2004 until the enactment of the Intelligence 
Authorization Act for fiscal year 2004.
    Sec. 509. The Federal Law Enforcement Training Center is directed 
to establish an accrediting body that will include representatives from 
the Federal law enforcement community, as well as non-Federal 
accreditation experts involved in law enforcement training. The purpose 
of this body will be to establish standards for measuring and assessing 
the quality and effectiveness of Federal law enforcement training 
programs, facilities, and instructors.
    Sec. 510. None of the funds in this Act shall be available to plan, 
finalize, or implement regulations that would establish a vessel 
traffic safety fairway less than 5 miles wide between the Santa Barbara 
Traffic Separation Scheme and the San Francisco Traffic Separation 
Scheme.
    Sec. 511. None of the funds in this Act may be used to make a grant 
unless the Secretary of Homeland Security notifies the Committees on 
Appropriations not less than 3 full business days before any grant 
allocation, discretionary grant award, or letter of intent totaling 
$1,000,000 or more is announced by the department or its directorates 
from (1) any discretionary or formula-based grant program of the Office 
of Domestic Preparedness; (2) any letter of intent from the 
Transportation Security Administration; or (3) any port security grant: 
Provided, That no notification shall involve funds that are not 
available for obligation.
    Sec. 512. Notwithstanding any other provision of law, no agency 
shall purchase, construct, and/or lease any additional facilities, 
except within or contiguous to existing locations, to be used for the 
purpose of conducting Federal law enforcement training without the 
advance approval of the Committees on Appropriations, except that the 
Federal Law Enforcement Training Center is authorized to obtain the 
temporary use of additional facilities by lease, contract, or other 
agreement for training which cannot be accommodated in existing Center 
facilities.
    Sec. 513. The Federal Law Enforcement Training Center is directed 
to ensure that all of the training centers under its control are 
operated at their highest potential capacity efficiency throughout the 
fiscal year. In order to facilitate this direction, the Director is 
authorized to schedule basic and advanced law enforcement training at 
any site the Federal Law Enforcement Training Center determines is 
warranted in the interests of the Government to ensure the best 
utilization of the Center's total capacity for training, 
notwithstanding legislative prohibitions.
    Sec. 514. Section 114 of title 49, United States Code, is amended 
by adding at the end the following:
    ``(t) Fee Authority for Transportation Credentials.--
            ``(1) Subject to the provisions of this subsection, the 
        Secretary of Homeland Security may impose reasonable fees and 
        charges on an individual or an individual's employer, where 
        such an individual requires a credential or background records 
        check under Federal law for an activity in the field of 
        transportation, to cover the costs of providing the credential 
        or performing the backgrounds records check, including--
                    ``(A) conducting or obtaining a criminal history 
                records check and a review of available law enforcement 
                databases and records of other governmental and 
                international agencies;
                    ``(B) review and adjudication of requests for 
                waiver and appeals of agency decisions with respect to 
                providing the credential, performing the background 
                records check, and denials of requests for waiver and 
                appeals; and
                    ``(C) any other costs of the Transportation 
                Security Administration related to providing the 
                credential or performing the backgrounds records check.
            ``(2) The Secretary shall ensure that the fees are 
        reasonably related to the costs of the Transportation Security 
        Administration for providing services rendered. The amount of 
        costs imposed under this subsection shall be determined by the 
        Secretary and shall not be subject to judicial review.
            ``(3) Notwithstanding section 9701 of title 31 and the 
        procedural requirements of section 553 of title 5, the 
        Secretary may impose a fee under this subsection through the 
        publication of notice in the Federal Register.
            ``(4) Notwithstanding section 3302 of title 31, any fee 
        collected under this section--
                    ``(A) shall be credited as an offsetting collection 
                to the account in the Treasury from which the expenses 
                were incurred and are available to the Secretary for 
                these expenses; and
                    ``(B) shall remain available until expended.''.
    Sec. 515. None of the funds made available by this Act may be used 
for the production of customs declarations that do not inquire whether 
the passenger has been in the proximity of livestock.
    Sec. 516. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a determination, regulation, or policy that 
would prohibit the enforcement of section 307 of the Tariff Act of 
1930.
    Sec. 517. None of the funds made available in this Act may be used 
to allow--
            (1) the importation into the United States of any good, 
        ware, article, or merchandise mined, produced, or manufactured 
        by forced or indentured child labor, as determined pursuant to 
        section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); or
            (2) the release into the United States of any good, ware, 
        article, or merchandise on which there is in effect a detention 
        order, pursuant to such section 307, on the basis that the 
        good, ware, article, or merchandise may have been mined, 
        produced, or manufactured by forced or indentured child labor.
    Sec. 518. Appropriations to the Department of Homeland Security in 
this Act shall be available for purchase of insurance for official 
motor vehicles operated in foreign countries; purchase of motor 
vehicles without regard to the general purchase price limitations for 
vehicles purchased and used overseas for the current fiscal year; 
entering into contracts with the Department of State for the furnishing 
of health and medical services to employees and their dependents 
serving in foreign countries; and services authorized by section 3109 
of title 5, United States Code.
    Sec. 519. None of the funds appropriated in this Act may be used 
for expenses of any construction, repair, alteration, and acquisition 
project for which a prospectus, if required by the Public Buildings Act 
of 1959, has not been approved, except that necessary funds may be 
expended for each project for required expenses for the development of 
a proposed prospectus.
    Sec. 520. None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Transportation Security Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to aviation security: 
Provided, That the prohibition of funds in this section does not apply 
to--
            (1) negotiations between the agency and airport sponsors to 
        achieve agreement on ``below-market'' rates for these items, or
            (2) space for necessary security checkpoints.
    Sec. 521. Section 835 of the Homeland Security Act of 2002 (Public 
Law 107-296; 6 U.S.C. 395) is amended--
            (1) in subsection (a), by inserting before the period ``, 
        or any subsidiary of such an entity'';
            (2) in subsection (b)(1), by inserting ``before, on, or'' 
        after the ``completes'';
            (3) in subsection (e)(1)(B), by striking ``which is after 
        the date of enactment of this Act and''; and
            (4) in subsection (d) by striking all after ``in the 
        interest of'' and inserting ``national security.''.
    Sec. 522. (a) None of the funds provided in this or previous 
appropriation Acts may be obligated for testing (other than 
simulations), deployment, or implementation of CAPPS2, the Computer 
Assisted Passenger Pre-screening System 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 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 incorrect information 
        contained in CAPPS2;
            (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 CAPPS2 and has demonstrated 
        that CAPPS2 can make an accurate predictive assessment of those 
        passengers who would constitute a threat to aviation;
            (4) the Secretary of Homeland Security has established an 
        internal oversight board to oversee and monitor the manner in 
        which CAPPS2 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 
        CAPPS2 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) Not later than December 31, 2003, the National Academy of 
Sciences shall submit a report to the Committees on Appropriations that 
assesses the likely impact of the CAPPS2 system on privacy and civil 
liberties and includes recommendations for practices, procedures, 
regulations, or legislation to eliminate or minimize adverse effect of 
such system on privacy, discrimination, and other civil liberties.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2004''.
                                                  Union Calendar No. 84

108th CONGRESS

  1st Session

                               H. R. 2555

                          [Report No. 108-169]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2004, and for other purposes.

_______________________________________________________________________

                             June 23, 2003

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed