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

                                                       Calendar No. 192
108th CONGRESS
  1st Session
                                H.R. 2555

                          [Report No. 108-86]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2003

  Received; read twice and referred to the Committee on Appropriations

                             July 10, 2003

               Reported by Mr. Cochran, with an amendment
 [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 the 
Homeland Security for the fiscal year ending September 30, 2004, and 
for other purposes, namely:</DELETED>

   <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.

  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 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, 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.

                     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.

            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.

 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.

                      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 
enactment of this Act.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2004''.


                                                       Calendar No. 192

108th CONGRESS

  1st Session

                               H.R. 2555

                          [Report No. 108-86]

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                                 AN ACT

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

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                             June 25, 2003

  Received; read twice and referred to the Committee on Appropriations

                             July 10, 2003

                       Reported with an amendment