[Congressional Record Volume 149, Number 109 (Tuesday, July 22, 2003)]
[Senate]
[Pages S9672-S9683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2004
The PRESIDING OFFICER. Under the previous order, the hour of 11 a.m.
having arrived, the Senate will resume consideration of H.R. 2555,
which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 2555) making appropriations for the Department
of Homeland Security for the fiscal year ending September 30,
2004, and for other purposes.
(The committee-reported amendment, in the nature of substitute, which
was omitted from the Record of Monday, July 21, 2003, is as follows:)
[Strike the part shown in black brackets and insert the
part shown in italic.]
H.R. 2555
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Department of the Homeland Security for the fiscal year
ending September 30, 2004, and for other purposes, namely:
[TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
[Departmental Administration
[salaries and expenses
[For necessary expenses for management and operations of
the Department of Homeland Security $221,493,000; of which
not to exceed $78,975,000 shall be for the Office of the
Secretary and Executive Management; of which not to exceed
$116,139,000 shall be for the Office of the Under Secretary
for Management; of which not to exceed $8,106,000 shall be
for the Immediate Office of the Under Secretary for Border
and Transportation Security; of which not to exceed
$10,044,000 shall be for the Immediate Office of the Under
Secretary for Information Analysis and Infrastructure
Protection and the Command Center; of which not to exceed
$3,293,000 shall be for the Immediate Office of the Under
Secretary for Emergency Preparedness and Response; and of
which not to exceed $4,936,000 shall be for the Immediate
Office of the Under Secretary for Science and Technology:
Provided, That not to exceed $2,000,000 may be used for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Secretary
of Homeland Security: Provided further, That not to exceed
$40,000 shall be for allocation within the Department for
official reception and representation expenses as the
Secretary may determine.
[Counterterrorism Fund
[For necessary expenses, as determined by the Secretary of
Homeland Security, $20,000,000, to remain available until
expended, to reimburse any Federal agency for the costs of
providing support to counter, investigate, or prosecute
unexpected threats or acts of terrorism, including payment of
rewards in connection with these activities: Provided, That
the Secretary shall notify the Committees on Appropriations
15 days prior to the obligation of any amount of these funds
in accordance with section 503 of this Act.
[Department-Wide Technology Investments
[For development and acquisition of information technology
equipment, software, services, and related activities for the
Department of Homeland Security, and for the costs of
conversion to narrowband communications, including the cost
for operation of the Land Mobile Radio legacy systems,
$206,000,000, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support
or supplement the appropriations provided for the United
States Visitor and Immigrant Status Indicator Technology
system and the Automated Commercial Environment.
[Office of the Inspector General
[salaries and expenses
[(including transfer of funds)
[For necessary expenses for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978 (5 U.S.C. App.), $58,118,000; of which
not to exceed $1,000,000 may be used for unforeseen
emergencies of a confidential nature, to be allocated under
the direction of the Inspector General of the Department of
Homeland Security: Provided, That in addition, $22,000,000
shall be derived by transfer from the Emergency Preparedness
and Response Disaster Relief Fund.
[TITLE II--BORDER AND TRANSPORTATION SECURITY
[CUSTOMS AND BORDER PROTECTION
[Bureau of Customs and Border Protection
[salaries and expenses
[(including transfer of funds)
[For necessary expenses of the Bureau of Customs and Border
Protection for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections
and regulatory activities related to plant and animal
imports, including planning, construction, and necessary
related activities of buildings and facilities,
$4,584,600,000; of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not
to exceed $129,000,000 to remain available until September
30, 2005, shall be for inspection technology; of which such
sums as become available in the Customs User Fee Account,
except sums subject to section 13021(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; and of
which not to exceed $5,000,000 shall be for payments or
advances arising out of contractual or reimbursable
agreements with State and local law enforcement agencies
while engaged in cooperative activities related to
immigration: Provided, That none of the funds available to
the Directorate of Border and Transportation Security may be
used to pay any employee overtime pay in an amount in excess
of $30,000 during the calendar year beginning January 1,
2004, except that the Commissioner of Customs and Border
Protection may exceed such limitation as necessary for
national security purposes and in cases of immigration
emergencies: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for
the current fiscal year: Provided further, That no funds
shall be available for the site acquisition, design, or
construction of any Border Patrol checkpoint in the Tucson
sector: Provided further, That the Border Patrol shall
relocate its checkpoints in the Tucson sector at least once
every 7 days in a manner designed to prevent persons subject
to inspection from predicting the location of any such
checkpoint.
[In addition, for administrative expenses related to the
collection of the Harbor Maintenance Fee, pursuant to Public
Law 103-182, and notwithstanding section 1511(e)(1) of Public
Law 107-296, $3,000,000 to be derived from the Harbor
Maintenance Trust Fund and to be transferred to and merged
with this account.
[Automation Modernization
[For expenses not otherwise provided for Bureau of Customs
and Border Protection automated systems, $493,727,000, to
remain available until expended, of which not less than
$318,690,000 shall be for the development of the Automated
Commercial Environment: Provided, That none of the funds
appropriated under this heading may be obligated for the
Automated Commercial Environment until the Bureau of Customs
and Border Protection prepares and submits to the Committees
on Appropriations a plan for expenditure that: (1) meets the
capital planning and investment control review requirements
established by the Office of Management and Budget, including
OMB Circular A-11, part 3; (2) complies with the Bureau of
Customs and Border Protection's Enterprise Information
Systems Architecture; (3) complies with the acquisition
rules, requirements, guidelines, and systems acquisition
management practices of the Federal Government; (4) is
reviewed and approved by the Bureau of Customs and Border
Protection Investment Review Board, the Department of
Homeland Security, and the Office of Management and Budget;
and (5) is reviewed by the General Accounting Office:
Provided further, That none of the funds appropriated under
this heading may be obligated for the Automated Commercial
Environment until such expenditure plan has been approved by
the Committees on Appropriations.
[IMMIGRATION AND CUSTOMS ENFORCEMENT
[Bureau of Immigration and Customs Enforcement
[salaries and expenses
[For necessary expenses of the Bureau of Immigration and
Customs Enforcement for enforcement of immigration and
customs laws, detention and removals, investigations,
including planning, construction, and necessary related
activities of buildings and facilities, $2,030,000,000; of
which not to exceed $5,000,000, to remain available until
expended, shall be for conducting special operations pursuant
to Public Law 99-570 (19 U.S.C. 2081); of which not to exceed
$15,000 shall be for official reception and representation
expenses; of which not less than $100,000 shall be for
promotion of public awareness of the child pornography
tipline; and of which not less than $200,000 shall be for
Project Alert: Provided, That none of the funds available to
the Bureau of Immigration and Customs Enforcement may be used
to pay any employee overtime pay in an amount in excess of
$30,000 during the calendar year beginning January 1, 2004,
except that the Assistant Secretary of the Bureau of
Immigration and Customs Enforcement may exceed such
limitation as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That of
the total amount of funds made available for activities to
enforce laws against forced child
[[Page S9673]]
labor in fiscal year 2004, not to exceed $5,000,000 shall
remain available until expended for support of such
activities: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for
the current fiscal year.
[Federal Protective Service
[(including transfer of funds)
[For expenses, not otherwise provided for, necessary for
the operations of the Federal Protective Service,
$424,211,000 shall be transferred from the revenues and
collections in the General Services Administration, Federal
Buildings Fund.
[Automation and Infrastructure Modernization
[For expenses not otherwise provided for Bureau of
Immigration and Customs Enforcement automated systems,
$367,605,000, to remain available until expended, of which
not less than $350,000,000 shall be for the development of
the United States Visitor and Immigrant Status Indicator
Technology system (US VISIT): Provided, That none of the
funds appropriated under this heading may be obligated for US
VISIT until the Bureau of Immigration and Customs Enforcement
prepares and submits to the Committees on Appropriations a
plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the
Office of Management and Budget, including OMB Circular A-11,
part 3; (2) complies with the Bureau of Immigration and
Customs Enforcement Enterprise Information Systems
Architecture; (3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government; (4) is reviewed and
approved by the Bureau of Immigration and Customs Enforcement
Investment Review Board, the Department of Homeland Security,
and the Office of Management and Budget; and (5) is reviewed
by the General Accounting Office: Provided further, That none
of the funds appropriated under this heading may be obligated
for US VISIT until such expenditure plan has been approved by
the Committees on Appropriations.
[Air and Marine Interdiction
[For expenses, not otherwise provided for, necessary for
the operation, maintenance and procurement of marine vessels,
aircraft, and other related equipment of the Office of Air
and Marine Interdiction of the Bureau of Immigration and
Customs Enforcement, including operational training and
mission-related travel, and rental payments for facilities
occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the
following: conducting homeland security operations;
interdiction of narcotics and other illegal substances or
items; the provision of support to Department of Homeland
Security and other Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Bureau
of Immigration and Customs Enforcement; and, at the
discretion of the Under Secretary for Border and
Transportation Security, the provision of assistance to
Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts, $175,000,000, which shall
remain available until expended: Provided, That no aircraft
or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to
Bureau of Immigration and Customs Enforcement requirements
and aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or
office outside of the Department of Homeland Security, during
fiscal year 2004 without the prior approval of the Committees
on Appropriations.
[TRANSPORTATION SECURITY ADMINISTRATION
[Aviation Security
[For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to Public Law 107-71, $3,679,200,000
(reduced by $20,000,000), to remain available until expended,
of which not to exceed $3,000 shall be for official reception
and representation expenses: Provided, That of such total
amount, not to exceed $1,672,700,000 shall be for passenger
screening activities; not to exceed $1,284,800,000 shall be
for baggage screening activities; and not to exceed
$721,700,000 shall be for airport support and enforcement
presence: Provided further, That security service fees
authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting
collections and used for providing civil aviation security
services authorized by that section: Provided further, That
the sum herein appropriated from the General Fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2004, so as to
result in a final fiscal year appropriation from the General
Fund estimated at not more than $1,609,200,000: Provided
further, That any security service fees collected in excess
of the amount appropriated under this heading shall be
treated as offsetting collections in fiscal year 2005:
Provided further, That none of the funds in this Act shall be
used to recruit or hire personnel into the Transportation
Security Administration which would cause the agency to
exceed a staffing level of 45,000 full-time equivalent
screeners: Provided further, That of the total amount
provided herein, $235,000,000 shall be available only for
physical modification of commercial service airports for the
purpose of installing checked baggage explosive detection
systems and $100,000,000 shall be available only for
procurement of checked baggage explosive detection systems.
[Federal Air Marshals
[For necessary expenses of the Federal air marshals,
$634,600,000, to remain available until expended.
[Maritime and Land Security
[For necessary expenses of the Transportation Security
Administration related to maritime and land transportation
security grants and services pursuant to Public Law 107-71,
$231,700,000, to remain available until expended: Provided,
That of such amount, $100,000,000 shall be available only to
make port security grants, which shall be distributed under
the same terms and conditions as provided for under Public
Law 107-117.
Intelligence
[For necessary expenses of the Transportation Security
Administration related to transportation security
intelligence activities, $13,700,000, to remain available
until expended.
[Research and Development
[For necessary expenses of the Transportation Security
Administration for research and development related to
transportation security, $125,700,000, to remain available
until expended.
[Administration
[For necessary expenses of the Transportation Security
Administration for administrative activities, including
headquarters and field support, training, and information
technology, $487,100,000, to remain available until September
30, 2005.
[FEDERAL LAW ENFORCEMENT TRAINING CENTER
[Salaries and Expenses
[For the necessary expenses of the Federal Law Enforcement
Training Center, $136,629,000, of which $26,635,000 shall be
for material and support costs of Federal law enforcement
basic training and shall remain available until September 30,
2006, and of which not to exceed $12,000 shall be for
official reception and representation expenses: Provided,
That notwithstanding any other provision of law, the Center
is authorized to expend appropriations for the purchase of
police-type pursuit vehicles without regard to the general
purchase price limitation; student athletic and related
recreational activities; conducting and participating in
firearms matches and the presentation of awards for such
matches; public awareness and enhancing community support of
law enforcement training, including the advertisement and
marketing of available law enforcement training programs;
room and board for student interns; short-term medical
services for students undergoing training at Center training
facilities; travel expenses of non-Federal personnel
attending course development meetings; services authorized by
section 3109 of title 5, United States Code; support of
Federal law enforcement accreditation; and a flat monthly
reimbursement to employees authorized to use personal cell
phones for official duties: Provided further, That: (1) funds
appropriated to this account may be used at the discretion of
the Center's Director to train United States Postal Service
law enforcement personnel, State and local law enforcement
personnel, foreign law enforcement personnel, and private
security personnel; (2) with the exception of private
security personnel, the Center's Director is authorized to
fully fund the cost of this training, including the cost of
non-Federal travel, or to seek full or partial reimbursement
for this training; and (3) such reimbursements shall be
deposited in this appropriation: Provided further, That the
Center is authorized to obligate funds in anticipation of
reimbursements from agencies receiving training at the
Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year: Provided further,
That the Center is authorized to accept and use gifts of
property, real and personnel, and to accept services, for
authorized purposes: Provided further, That the Center is
authorized to harvest timber and use the proceeds from timber
sales to supplement the Center's forest management and
environmental programs: Provided further, That
notwithstanding any other provision of law, students
attending training at any Center site shall reside in on-
center or center-provided housing, to the extent available
and in accordance with Center policy.
[Acquisition, Construction, Improvements, and Related Expenses
[For expansion of the Federal Law Enforcement Training
Center, for acquisition of necessary additional real property
and facilities, and for ongoing maintenance, facility
improvements, and related expenses, $32,323,000, to remain
available until expended: Provided, That the Federal Law
Enforcement Training Center is authorized to accept
reimbursement to this appropriation from government agencies
requesting the construction of special use facilities on
training centers operated by the Federal Law Enforcement
Training Center: Provided further, That notwithstanding any
other provision of law, all facilities shall remain under the
control of the Federal Law Enforcement Training Center, which
shall be responsible for scheduling, use, maintenance, and
support.
[[Page S9674]]
[OFFICE FOR DOMESTIC PREPAREDNESS
[Domestic Preparedness
[For grants, contracts, cooperative agreements, and other
activities of the Office for Domestic Preparedness, as
authorized by the Homeland Security Act of 2002 (Public Law
107-296) and the USA PATRIOT Act of 2001 (Public Law 107-56),
$3,503,000,000 (increased by $10,000,000), to remain
available until expended: Provided, That of the amount
provided under this heading--
[(1) $1,900,000,000 shall be for basic formula grants;
[(2) $500,000,000 (increased by $10,000,000) shall be for
grants to State and local law enforcement for terrorism
prevention activities;
[(3) $200,000,000 shall be for critical infrastructure
grants;
[(4) $500,000,000 shall be for discretionary grants for use
in high-density urban areas and high-threat areas; and
[(5) $35,000,000 shall be for grants for Centers for
Emergency Preparedness:
[Provided further, That the application for grants
appropriated in subsections (1), (2), and (3) under this
heading shall be made available to States within 30 days of
enactment of this Act; States shall submit applications
within 30 days of the grant announcement; and the Office for
Domestic Preparedness shall act on each application within 15
days of receipt: Provided further, That 80 percent of the
funds appropriated in subsections (1), (2), (3), and (4)
under this heading to any State shall be allocated by the
State to units of local governments and shall be distributed
by the State within 60 days of the receipt of funds: Provided
further, That section 1014(c)(3) of Public Law 107-56 shall
not apply to funds appropriated in subsections (4) and (5)
under this heading: Provided further, That none of the funds
appropriated under this heading shall be used for
construction or renovation of facilities: Provided further,
That funds appropriated in subsections (3) and (4) under this
heading shall be available for operational costs, including
personnel overtime as needed.
[TITLE III--EMERGENCY PREPAREDNESS AND RESPONSE
[Administrative and Regional Operations
[For necessary expenses for administrative and regional
operations of the Emergency Preparedness and Response
Directorate, $168,589,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2201 et seq.), the Defense Production Act of 1950
(50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
National Security Act of 1947 (50 U.S.C. 404-405),
Reorganization Plan No. 3 of 1978, and the Homeland Security
Act of 2002; of which not to exceed $3,000 shall be for
official reception and representation expenses.
[Preparedness, Mitigation, Response, and Recovery
[For necessary expenses for preparedness, mitigation,
response, and recovery activities of the Emergency
Preparedness and Response Directorate, $363,339,000,
including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security
Act of 1947 (50 U.S.C. 404-405), Reorganization Plan No. 3 of
1978, and the Homeland Security Act of 2002; of which
$25,000,000 shall be for emergency operations centers grants:
Provided, That the aggregate charges assessed during fiscal
year 2004, as authorized by Public Law 106-377, shall not be
less than 100 percent of the amounts anticipated by the
Department of Homeland Security necessary for its
radiological emergency preparedness program for the next
fiscal year: Provided further, That the methodology for
assessment and collection of fees shall be fair and
equitable, and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received pursuant to this
section shall be deposited in this account as offsetting
collections, shall become available for authorized purposes
on October 1, 2004, and shall remain available until
expended.
[Public Health Programs
[For necessary expenses for countering potential
biological, disease, and chemical threats to civilian
populations, $484,000,000, including $400,000,000, to remain
available until expended, for the Strategic National
Stockpile.
[Biodefense Countermeasures
[For necessary expenses for securing medical
countermeasures against biological terror attacks,
$5,593,000,000, to remain available until September 30, 2013:
Provided, That not to exceed $3,418,000,000 may be obligated
during fiscal years 2004 through 2008, of which not to exceed
$890,000,000 may be obligated during fiscal year 2004.
[Grant Programs
[For activities designed to reduce the risk of flood damage
to structures pursuant to the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), notwithstanding sections
1366(b)(3)(B)-(C) and 1366(f) of such Act, and for a pre-
disaster mitigation grant program pursuant to title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5131 et seq.), $200,000,000, to remain
available until expended, of which $20,000,000 shall be
derived from the National Flood Insurance Fund, and shall
remain available until September 30, 2005: Provided, That
grants made for pre-disaster mitigation shall be awarded on a
competitive basis subject to the criteria in section 203(g)
of such title II (42 U.S.C. 5133(g)): Provided further, That
notwithstanding section 203(f) of such title II (42 U.S.C.
5133(f)), grant awards shall be made without reference to
State allocations, quotas, or other formula-based allocation
of funds.
[Emergency Food and Shelter
[To carry out an emergency food and shelter program
pursuant to title III of Public Law 100-77 (42 U.S.C. 11331
et seq.), $153,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed
3\1/2\ percent of the total appropriation.
[Firefighter Assistance Grants
[(including transfer of funds)
[For necessary expenses, not otherwise provided for, for
programs as authorized by section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$750,000,000 (increased by $10,000,000) to remain available
through September 30, 2005: Provided, That up to 5 percent of
this amount shall be transferred to ``Preparedness,
Mitigation, Response, and Recovery'' for program
administration.
[Disaster Relief
[(including transfer of funds)
[For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,800,000,000 and, notwithstanding 42
U.S.C. 5203, to remain available until expended, of which not
to exceed $22,000,000 may be transferred to the Office of
Inspector General for audits and investigations.
[Flood Map Modernization Fund
[For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968, $200,000,000, and such
additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of such Act; to
remain available until expended.
[National Flood Insurance Fund
[(including transfer of funds)
[For activities under the National Flood Insurance Act of
1968, and the Flood Disaster Protection Act of 1973, not to
exceed $32,761,000 for salaries and expenses associated with
flood mitigation and flood insurance operations, and not to
exceed $77,809,000 for flood mitigation, to remain available
until September 30, 2005, including up to $20,000,000 for
expenses under section 1366 of such Act of 1968, which amount
shall be available for transfer to Grant Programs until
September 30, 2005, and which amounts shall be derived from
offsetting collections assessed and collected pursuant to 42
U.S.C. 4014, and shall be retained and used for necessary
expenses under this heading: Provided, That no funds, in
excess of $55,000,000 for operating expenses; $565,897,000
for agents' commissions and taxes; and $40,000,000 for
interest on Treasury borrowings, shall be available from the
National Flood Insurance Fund without prior notice to the
Committees on Appropriations.
[Disaster Assistance Direct Loan Program Account
[For direct loans, as authorized by section 319 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided, That these funds are available to subsidize
gross obligations for the principal amount of direct loans
not to exceed $25,000,000: Provided further, That the cost of
modifying such loans shall be as defined in section 502 of
the Congressional Budget Act of 1974. In addition, for
administrative expenses to carry out the direct loan program,
$558,000.
[TITLE IV--OTHER DEPARTMENTAL ACTIVITIES
[CITIZENSHIP AND IMMIGRATION SERVICES
[Operating Expenses
[For necessary expenses for citizenship and immigration
services, including international services, $248,500,000.
[UNITED STATES COAST GUARD
[Operating Expenses
[For necessary expenses for the operation and maintenance
of the Coast Guard, not otherwise provided for; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note); and recreation and welfare; $4,703,530,000, of which
$1,300,000,000 shall be for defense-related activities; of
which $25,000,000 shall be derived from the Oil Spill
Liability Trust Fund; and of which not to exceed $3,000 shall
be for official reception and representation expenses:
Provided, That none of the funds appropriated in this or any
other Act shall be available for pay of administrative
expenses in connection with shipping commissioners in the
United States: Provided further, That none of the funds
provided in this Act shall be available
[[Page S9675]]
for expenses incurred for yacht documentation under section
12109 of title 46, United States Code, except to the extent
fees are collected from yacht owners and credited to this
appropriation.
[Environmental Compliance and Restoration
[For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code, $17,000,000, to
remain available until expended.
[Reserve Training
[For all necessary expenses of the Coast Guard Reserve, as
authorized by law; maintenance and operation of facilities;
and supplies, equipment, and services; $94,051,000.
[Acquisitions, Construction, and Improvements
[For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, $805,000,000, of which $23,500,000 shall be
derived from the Oil Spill Liability Trust Fund; of which
$66,500,000 shall be available until September 30, 2008 to
acquire, repair, renovate, or improve vessels, small boats,
and related equipment; $138,500,000 shall be available until
September 30, 2006 for other equipment; $70,000,000 shall be
available until September 30, 2005 for personnel compensation
and benefits and related costs; and $530,000,000 shall be
available until September 30, 2008 for the Integrated
Deepwater Systems program: Provided, That the Commandant of
the Coast Guard is authorized to dispose of surplus real
property, by sale or lease, and the proceeds shall be
credited to this appropriation as offsetting collections and
shall be available until September 30, 2006 only for Rescue
21 (the National Distress and Response System Modernization
program): Provided further, That upon initial submission to
the Congress of the fiscal year 2005 President's budget, the
Secretary of Homeland Security shall transmit to the Congress
a comprehensive capital investment plan for the United States
Coast Guard that includes funding for each budget line item
for fiscal years 2005 through 2009, with total funding for
each year of the plan constrained to the funding targets for
those years as estimated and approved by the Office of
Management and Budget.
[Alteration of Bridges
[For necessary expenses for alteration or removal of
obstructive bridges, $19,500,000, to remain available until
expended.
[Research, Development, Test, and Evaluation
[For necessary expenses, not otherwise provided for, for
applied scientific research, development, test, and
evaluation; and maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$22,000,000, to remain available until expended, of which
$3,500,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That there may be credited to and used
for the purposes of this appropriation funds received from
State and local governments, other public authorities,
private sources, and foreign countries, for expenses incurred
for research, development, testing, and evaluation.
[Retired Pay
[For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for
this purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses under the National Defense Authorization Act,
and for payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C. ch. 55), $1,020,000,000.
[INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
[Operating Expenses
[For necessary expenses of the Directorate of Information
Analysis and Infrastructure Protection of the Department of
Homeland Security as authorized by law, $776,000,000, to
remain available until September 30, 2005.
[SCIENCE AND TECHNOLOGY
[Research, Development, Acquisition, and Operations
[For necessary expenses of activities of the Department of
Homeland Security in carrying out the purposes of title III
of the Homeland Security Act of 2002 (Public Law 107-296),
for basic and applied research, development, test and
evaluation, construction, procurement, production,
modification and modernization of systems, subsystems, spare
parts, accessories, training devices, operation of the
Science and Technology Directorate and its organizations and
activities, including the Homeland Security Advanced Research
Projects Agency, for cooperative programs with States and
local governments to enable the detection, destruction,
disposal, or mitigation of the effects of weapons of mass
destruction and other terrorist weapons, and for the
construction, maintenance, rehabilitation, lease, and
operation of buildings and other facilities, and equipment,
necessary for the activities of the Directorate,
$900,360,000, to remain available until September 30, 2006.
[UNITED STATES SECRET SERVICE
[Salaries and Expenses
[For necessary expenses of the United States Secret
Service, $1,148,700,000, including purchase of American-made
side-car compatible motorcycles; hire of aircraft; services
of expert witnesses at such rates as may be determined by the
Director; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control, as may be necessary to perform protective functions;
for payment of per diem and subsistence allowances to
employees where a protective assignment during the actual day
or days of the visit of a protectee require an employee to
work 16 hours per day or to remain overnight at his or her
post of duty; the conducting of and participating in firearms
matches; presentation of awards; for travel of Secret Service
employees on protective missions without regard to the
limitation on such expenditures in this or any other Act; for
research and development; for making grants to conduct
behavioral research in support of protective research and
operations; not to exceed $25,000 for official reception and
representation expenses; not to exceed $100,000 to provide
technical assistance and equipment to foreign law enforcement
organizations in counterfeit investigations; for payment in
advance for commercial accommodations as may be necessary to
perform protective functions; and for uniforms without regard
to the general purchase limitation for the current fiscal
year: Provided, That $1,633,000 shall be available for
forensic and related support of investigations of missing and
exploited children: Provided further, That $4,783,000 shall
be available as a grant for activities related to the
investigations of exploited children and shall remain
available until expended: Provided further, That up to
$18,000,000 for protective travel shall remain available
until September 30, 2005: Provided further, That subject to
the reimbursement of actual costs to this account, funds
appropriated in this account shall be available, at the
discretion of the Director, for the following: training
United States Postal Service law enforcement personnel and
Postal police officers, training Federal law enforcement
officers, training State and local government law enforcement
officers on a space-available basis, and training private
sector security officials on a space-available basis:
Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of
reimbursements from agencies and entities, as defined in
section 105 of title 5, United States Code, receiving
training sponsored by the James J. Rowley Training Center,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under
this heading at the end of the fiscal year: Provided further,
That the James J. Rowley Training Center is authorized to
provide short-term medical services for students undergoing
training at the Center.
[Acquisition, Construction, Improvements, and Related Expenses
[For necessary expenses of construction, repair,
alteration, and improvement of facilities, $3,579,000, to
remain available until expended.
[TITLE V--GENERAL PROVISIONS
[Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[(TRANSFERS OF UNEXPENDED BALANCES)
[Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act. Balances so transferred may be merged
with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time
period as originally enacted.
[(INCLUDING TRANSFER OF FUNDS)
[Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriation Acts to the agencies in or
transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2004, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds for any program,
project, or activity for which funds have been denied or
restricted by the Congress; or (4) proposes to use funds
directed for a specific activity by either the House or
Senate Committees on Appropriations for a different purpose,
unless both Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
[(b) None of the funds provided by this Act, provided by
previous appropriation Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2004, or
provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of
$5,000,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by the Congress; or (3) results from
[[Page S9676]]
any general savings from a reduction in personnel that would
result in a change in existing programs, projects, or
activities, as approved by the Congress; unless the
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
[(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security in this Act or provided in previous
appropriation Acts may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds and shall not be available for
obligation unless the Committees on Appropriations are
notified 15 days in advance of such transfer.
[Sec. 504. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2004 from
appropriations made available for salaries and expenses for
fiscal year 2004 in this Act, shall remain available through
September 30, 2005, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
[Sec. 505. Except as otherwise provided in this Act, funds
may be used for hire and purchase of motor vehicles as
authorized by section 1343 of title 31, United States Code:
Provided, That purchase for police-type use of passenger
vehicles may be made without regard to the general purchase
price limitation for the current fiscal year.
[Sec. 506. The Federal Emergency Management Agency
``Working Capital Fund'' shall be available to the Department
of Homeland Security, as authorized by sections 503 and 1517
of the Homeland Security Act of 2002, for expenses and
equipment necessary for maintenance and operations of such
administrative services as the Secretary of Homeland Security
determines may be performed more advantageously as central
services. Such fund shall hereafter be known as the
``Department of Homeland Security Working Capital Fund''.
[Sec. 507. The Federal Emergency Management Agency
``Bequests and Gifts'' account shall be available to the
Department of Homeland Security, as authorized by sections
503 and 1517 of the Homeland Security Act of 2002, for the
Secretary of Homeland Security to accept, hold, administer,
and utilize gifts and bequests, including property, to
facilitate the work of the Department of Homeland Security:
Provided, That such fund shall hereafter be known as
``Department of Homeland Security, Gifts and Donations'':
Provided further, That any gift or bequest shall be used in
accordance with the terms of that gift or bequest to the
greatest extent practicable.
[Sec. 508. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2004 until the enactment of the Intelligence
Authorization Act for fiscal year 2004.
[Sec. 509. The Federal Law Enforcement Training Center is
directed to establish an accrediting body that will include
representatives from the Federal law enforcement community,
as well as non-Federal accreditation experts involved in law
enforcement training. The purpose of this body will be to
establish standards for measuring and assessing the quality
and effectiveness of Federal law enforcement training
programs, facilities, and instructors.
[Sec. 510. None of the funds in this Act shall be available
to plan, finalize, or implement regulations that would
establish a vessel traffic safety fairway less than 5 miles
wide between the Santa Barbara Traffic Separation Scheme and
the San Francisco Traffic Separation Scheme.
[Sec. 511. None of the funds in this Act may be used to
make a grant unless the Secretary of Homeland Security
notifies the Committees on Appropriations not less than 3
full business days before any grant allocation, discretionary
grant award, or letter of intent totaling $1,000,000 or more
is announced by the department or its directorates from: (1)
any discretionary or formula-based grant program of the
Office of Domestic Preparedness; (2) any letter of intent
from the Transportation Security Administration; or (3) any
port security grant: Provided, That no notification shall
involve funds that are not available for obligation.
[Sec. 512. Notwithstanding any other provision of law, no
agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without the advance approval of the
Committees on Appropriations, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
[Sec. 513. The Federal Law Enforcement Training Center is
directed to ensure that all of the training centers under its
control are operated at their highest potential capacity
efficiency throughout the fiscal year. In order to facilitate
this direction, the Director is authorized to schedule basic
and advanced law enforcement training at any site the Federal
Law Enforcement Training Center determines is warranted in
the interests of the Government to ensure the best
utilization of the Center's total capacity for training,
notwithstanding legislative prohibitions.
[Sec. 514. None of the funds made available by this Act may
be used for the production of customs declarations that do
not inquire whether the passenger has been in the proximity
of livestock.
[Sec. 515. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
determination, regulation, or policy that would prohibit the
enforcement of section 307 of the Tariff Act of 1930.
[Sec. 516. None of the funds made available in this Act may
be used to allow--
[(1) the importation into the United States of any good,
ware, article, or merchandise mined, produced, or
manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930
(19 U.S.C. 1307); or
[(2) the release into the United States of any good, ware,
article, or merchandise on which there is in effect a
detention order, pursuant to such section 307, on the basis
that the good, ware, article, or merchandise may have been
mined, produced, or manufactured by forced or indentured
child labor.
[Sec. 517. Appropriations to the Department of Homeland
Security in this Act shall be available for purchase of
insurance for official motor vehicles operated in foreign
countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and
used overseas for the current fiscal year; entering into
contracts with the Department of State for the furnishing of
health and medical services to employees and their dependents
serving in foreign countries; and services authorized by
section 3109 of title 5, United States Code.
[Sec. 518. None of the funds appropriated in this Act may
be used for expenses of any construction, repair, alteration,
and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, has not been approved,
except that necessary funds may be expended for each project
for required expenses for the development of a proposed
prospectus.
[Sec. 519. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Transportation Security
Administration without cost building construction,
maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to aviation
security: Provided, That the prohibition of funds in this
section does not apply to--
[(1) negotiations between the agency and airport sponsors
to achieve agreement on ``below-market'' rates for these
items, or
[(2) space for necessary security checkpoints.
[Sec. 520. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act (41 U.S.C. 10a-10c).
[Sec. 521. None of the funds made available in this Act may
be used to approve, renew, or implement any aviation cargo
security plan that permits the transporting of unscreened or
uninspected cargo on passenger planes.
[This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2004''.]
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
[[Page S9677]]
$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.
[[Page S9678]]
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
[[Page S9679]]
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,
[[Page S9680]]
$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''.
Pending:
Byrd amendment No. 1317, to fulfill homeland security
promises.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, yesterday when we presented this bill for
consideration, we had opening statements describing the content of the
legislation. It is the first appropriations bill that will provide
funding for the new Department of Homeland Security. It provides
funding in the amount of $29.326 billion for this new Department. It is
a billion dollars over the President's budget request but consistent
with the allocation under the budget resolution to this subcommittee.
The additional funds are used primarily for training enforcement
personnel and developing new equipment
[[Page S9681]]
and technologies that can be utilized to better protect our homeland.
State and local governments will get grants from the Department to help
upgrade their capabilities in this area, not just against the war
against terror and defeating terrorism but in dealing with natural
disasters as well.
The 22 agencies that previously existed that have responsibilities in
this area have been folded into one organization under this new
Department headed up by Secretary Tom Ridge. We are hopeful we can
complete action on this bill by Wednesday evening, and we will be able,
then, to start working to iron out differences between the House and
Senate bills so when we come back from the break in August we can pass
this bill and do our part to contribute to the timely consideration of
all appropriations bills in time for the beginning of the fiscal year
on October 1. We have asked Senators to let us know what amendments
they intend to offer. We hope we can handle these amendments
expeditiously.
There was one amendment laid down yesterday by Senator Byrd that
would add over a billion dollars to different accounts in the bill. We
can take that amendment up. I am advised that Senator Byrd will be
coming to discuss that amendment and other issues that are involved in
this legislation later in the day. Until that amendment can be disposed
of, we have an opportunity for other amendments to be called up. We can
set aside the Byrd amendment and consider other amendments if it is
agreed to.
I looked at the list. There are 29 amendments that we know about.
Most of them are being offered by Senators on the Democratic side of
the aisle. We hope we can have the cooperation of all Senators to
expeditiously consider the legislation and not drag out the
consideration of amendments.
I thank my friend, the Senator from Nevada, for working with us to
look at ways to expedite the consideration of this bill. I appreciate
his assistance, advice, and counsel in this process.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, Senator Byrd has said, as the distinguished
manager of the bill has noted, that he has no objection to moving to
another amendment. The only caveat would be that at 3:30, or whenever
we reconvene after the caucuses, that he be recognized and his
amendment recur. That would give someone at least an hour and a half or
thereabouts to work on their amendment.
As I indicated to the distinguished majority leader, we are in the
process of hotlining. We do have a list of amendments. I am going to
step off the Senate floor now and make some calls and see if we can get
someone to come over.
There was some understanding that Senator Byrd would have the floor
this morning, but that is not the case now. So maybe someone could come
over when there is a relative quiet time, before the rush at the end of
this bill takes place sometime later this week.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, we appreciate the advice and information
that the distinguished Democratic whip has offered us. We do hope
Senators will come now and call up amendments. In the expectation that
will be the case, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I ask unanimous consent that the Byrd
amendment be set aside, and that Senator Byrd's amendment recur when we
come back after our caucus recess today.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1318
Mr. REID. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Nevada [Mr. Reid] proposes an amendment
numbered 1318.
Mr. REID. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To appropriate $20,000,000 to the Office for Domestic
Preparedness to be used for grants to urban areas with large tourist
populations)
On page 58, strike line 6 and all that follows through page
59, line 17, and insert the following:
any other provision of law, $2,908,000,000, 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;
(4) $20,000,000 for discretionary grants for use in urban
areas with large tourist populations, to be used as
determined by the Secretary of Homeland Security; and
(5) $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 paragraphs
(3) and (4) of this heading shall be available for
operational costs, to include personnel overtime and
overtime.
Mr. REID. Mr. President, this amendment deals with our efforts to
secure hometowns. First, I thank the chairman and ranking member of the
Homeland Security Subcommittee for their efforts to bring a responsible
bill to the Senate floor. As I have said to both the chairman and
ranking member of this subcommittee, I think the bill's biggest problem
is simply a lack of money. They did not have an easy task. The
subcommittee did not have an easy task. The full Appropriations
Committee did not have an easy task with this new subcommittee, created
as a result of the 9/11 terror act.
The subcommittee allocations this year have made it a challenge for
each subcommittee. Unfortunately, the budget that Congress passed this
year has made it nearly impossible to address all the needs of our
Nation's emergency responders.
A recent report, sponsored by the Council on Foreign Relations, and
directed by Warren Rudman, who, of course, we know is a longtime
Senator from the State of New Hampshire, found that our Nation will
need an additional--let's round it off to $100 billion--basically what
he said is more than $98 billion over the next 5 years to meet all of
our hometown safety needs, an additional $20 billion each year.
Because of this fact, I am on the floor today to offer an amendment
that will attempt to address one of the areas that I believe we have
not sufficiently addressed; namely, the tourists that come to many of
our Nation's cities.
The United States is home to some of the most visited and cherished
cities in the world. I applaud my friend, the distinguished President
pro tempore of the Senate, the chairman of the Appropriations
Committee, for coming up, in the supplemental bill we just passed, with
$50 million to promote tourism for the United States. The State and
local governments in our country will make far more than what we spend
by advertising, by promoting places in America for people to visit.
I am always stunned when Senator Ensign and I have our ``Welcome to
Washington'' meetings every Thursday morning. People come to Washington
from all over Nevada, and a large number of them say: I have never been
to our Nation's Capital before. They have been other places. I am
always amazed when someone says: Yes, I have been to
[[Page S9682]]
London. I have been to Paris or Mexico City but never Washington, DC.
Washington, DC, is a beautiful city. It is our Nation's Capital.
Certainly we should be proud.
Not only do we have landmarks, such as the Washington Monument, the
Lincoln Memorial, the Capitol, the White House, the beautiful Mall, but
things are being built all the time to entice people to come here. It
is too bad we do not do a better job of promoting tourism for our
country because people who come to Washington, DC, see amazing things.
If they have been here before, they see new things when they come back.
Now under construction is the American Indian Museum. It is going to
be a beautiful place on our Mall. In recent years, of course, we have
added places to visit, i.e., the Franklin Roosevelt Memorial, which is
a tremendous piece of work. They did a wonderful job in laying out the
four terms this man served as President of the United States--the four
times he was elected as President of the United States.
One of the most moving items on that Mall is a memorial that was
relatively recently constructed, the Korean Memorial, especially at
nighttime. Those soldiers are lined up in their ponchos, with their
rifles on their shoulders. You can just see them in the ``coldest
war,'' as the Korean war is referred to.
There are lots of places to visit in America. We should do everything
we can to get more people to come here.
Again, I commend the Senator from Alaska for working it out so we
could have this money to promote the United States.
Whether you visit the Nation's Capital, go to Disney World or
Disneyland, or go to Chicago, the so-called windy city that is really
not as windy as some might think--it is an extremely pleasant place, if
you are not there in the wintertime. Chicago is a wonderful place. I
was so impressed when we went to the National Democratic Convention
there. I really didn't look forward to going to Chicago. I had been
there basically in the wintertime at the airport, and those are not
pleasant experiences. One of the nicest times my wife and I ever had
was at that convention. Chicago is a beautiful city, with many places
to see. And it is a place for visitors, for tourists.
America's tourist destinations are a source of pride for our country,
as well they should be. Our national parks are places that are the envy
of the rest of the world.
But in our cities, emergency responders take just as much pride in
protecting those temporary residents, those tourists who make their
homes in hotel rooms rather than apartments and houses. So we should
make sure these emergency responders have the resources to protect us
when we travel, just as they would protect us in a permanent residence.
This may not seem like a major issue, but let's look at some of the
facts. Tourists account for a sizable number of people in many of our
larger cities. There are 15 cities with more than 45,000--45,000--hotel
rooms, based on a study by Smith Travel Research. Each hotel room
accounts for several visitors every day. That means just the hotel
rooms in each of these cities is responsible for at least 100,000 new
people, additional people each day. That is the size of a small city.
In Nevada, we have cities that have a lot of people in them: Reno,
Las Vegas, Henderson, and North Las Vegas; and then there are places
that are pretty small by most standards.
Las Vegas has about 130,000 hotel rooms. We have been very fortunate.
The occupancy has been good even after September 11. In fact, in Las
Vegas an average of about a quarter of a million people stay in our
hotels each day. During most weekends, it approaches 350,000 or
400,000. That tourist population of only 250,000 on a weekday in Las
Vegas represents a city the size of Savannah, GA, or Tallahassee, FL.
This amendment would correct that deficiency. It would correct it in
Orlando, Las Vegas, New York, Dallas, and other places where we have a
lot of tourists on a daily basis. This amendment would set aside a
relatively small amount. This bill is more than $25 billion but not $30
billion, so this is $20 million for these areas where there are a lot
of tourists. This amendment would not take away from any other
worthwhile program. My amendment would simply add $20 million to the
money we are already spending for homeland security. The Rudman report
told us we need to give our emergency responders almost $100 billion in
the next 5 years. So this means unless we do something we are giving
our emergency responders $100 billion less than what they need. This
amendment is a start to addressing the shortfall.
We have a long way to go, but we have to start somewhere. It is quite
clear this amendment is direct. It provides an additional $20 million
to be distributed to cities with large tourist populations. The
amendment has no offset. I have indicated that. There are very few
opportunities for offsets in this bill since almost all programs are
underfunded. So trying to take money from one place and putting it
someplace else in this bill certainly would not be fair.
I repeat, according to a task force chaired by Senator Rudman,
current homeland security funding levels will fall $98 billion short of
the needs of our Nation over the next 5 years. From the standpoint of
simply directing a message to the American people, it makes sense that
we take care of people no matter where they are or why they are there.
We have to make sure people who are emergency responders--police, fire,
emergency medical personnel--have the money to take care of people,
whether they are tourists or permanent residents.
The PRESIDING OFFICER (Mr. Chambliss). The Senator from Mississippi.
Mr. COCHRAN. Mr. President, we appreciate the Senator from Nevada
bringing this issue to the attention of the Senate by offering this
amendment. His amendment goes directly to the provision of the bill
that provides funds for discretionary grants to high threat urban
areas. In the bill, we provide an appropriation for this program of
$750 million. These are discretionary grants to be made by the Office
for Domestic Preparedness to those who are considered by the Department
to be in need of these funds to better protect the security of these
specific urban areas.
This is a discretionary program, and we are hoping that by defining
the criteria to be considered by the Department, we help encourage the
selection of sites. But we don't pretend to make those decisions here
in the Senate or in the Congress. These are administrative decisions.
If we got into the business of deciding which areas of the country,
specifically which urban areas of the country should be entitled to
these funds, it would be a very unwieldy process.
What we have done is to try to define the kinds of characteristics
that should be taken into account by the administration as they make
decisions in the awarding of these grants.
Vulnerability is one of those criteria. I will read now from the
committee report, page 48, where this grant program is described. It
says:
The Committee expects the [Office for Domestic
Preparedness] to allocate these funds no later than 30 days
after enactment of the act. No less than 80 percent of
discretionary grants provided to any State shall be obligated
to local governments within 45 days of the State's receipt of
funds. In making grants to State and local governments, the
Secretary of Homeland Security shall take into consideration
credible threat, vulnerability, population, cooperation of
multiple jurisdictions in preparing domestic preparedness
plans, and identified needs of public agencies. The grants
may be made to single or multiple jurisdictions in the same
urban area.
It is our judgment that the inclusion of the word ``vulnerability''
and also the statement with regard to population gives the Secretary
the discretion to consider popularity as a tourist destination to be a
vulnerability or characteristic that is consistent with vulnerability.
Large hotels, as the Senator from Nevada describes, are, of course,
vulnerable. A transient population that is not acquainted with the area
as a resident might be could make them more vulnerable to a terrorist
act. And while obviously the Senator has a legitimate concern for these
communities and wants to be sure they are considered when the
Department divides this money among other municipalities and local
government agencies around the country, we think it is provided for
already in the bill.
More importantly, to go back to the statement I made at the outset of
my
[[Page S9683]]
response to the Senator, we don't need to get into the business of
trying to convert this discretionary program into one where the
Congress, by massaging the language and putting in additional criteria,
ends up taking the discretion away or limiting the discretion that
ought to be exercised by the Department. Many characteristics are going
to be considered, but we hope we won't try to tie the hands of the
administrator so tightly that this program loses its significance.
High threat urban areas, we recognize, are entitled to Federal
support in managing the threats to those communities, and it may cost
more than States or local jurisdictions can manage to more fully and
successfully protect the security interests of people in those areas.
I am hopeful the Senate will reject the amendment. Specifically, the
amendment is an add-on of $20 million without any offset. So it is
subject to a point of order and would have to overcome that point of
order. The Senate could waive the point of order, could approve a
motion to waive, but that would be one way to join issue with this.
I think our discussion here--the Senator's comments and the response
I have made--can be interpreted as a colloquy that clarifies the
authority the Secretary has to give consideration to the special
vulnerability of cities and other localities that have a high degree of
tourist population. He specifically mentioned Las Vegas. I am thinking
specifically, too, about the gulf coast of Mississippi where we have a
large number of tourists who come visit the resort areas and the
tourists hotels, other attractions along the Mississippi gulf coast.
That area might very well also qualify for consideration as a
vulnerable area for funding under this provision. I think the Senator
points out something the Secretary and the Office for Domestic
Preparedness specifically ought to consider as they make these grants
to so-called high-threat urban areas. These are discretionary, but we
think the criteria we have listed and described in the committee report
and in the colloquy we have had on this amendment the Senator offered
will help guide the Department in making these grants and enable them
to fully consider the vulnerability of areas with high density or high
levels of tourist population. We think that would be appropriate.
Mr. REID. Will the Senator yield for a question?
Mr. COCHRAN. Yes.
Mr. REID. How much is set aside in this bill for these discretionary
grants?
Mr. COCHRAN. Seven hundred and fifty million dollars.
Mr. REID. I appreciate very much the statement of the Senator from
Mississippi. I am one of Secretary Ridge's fans. I came to Washington
with him in 1982. Under very trying circumstances, I think he has done
a very good job.
I also want to elaborate on some of the problems we have in Nevada.
We have about 2.4 million people who come from overseas to Las Vegas.
So on any given day there are 60,000, 70,000, 80,000 people from other
countries in Las Vegas. I misspoke before when I said there were
130,000 hotel rooms; it is really closer to 150,000 hotel rooms in Las
Vegas. It goes without saying that in those hotel rooms, which average
about 90 percent occupancy, there are a lot of extra people.
I do appreciate not only what the Senator from Mississippi said but
how he said it. Probably $750 million for discretionary grants isn't
enough, but it is certainly a lot of money. I hope those who work with
Secretary Ridge will do what they can to protect people in destinations
no matter how they got there or why they are there. Whether you are a
resident of Georgia and you are in Nevada or a resident of Nevada and
you are in Georgia doing a little tourist work, you still have to be
protected; and whether you are from England or Memphis and you are in
Las Vegas, there is still a requirement to take good care of the people
who are there, make sure they have police and fire protection and
emergency medical personnel.
So I appreciate the work of the subcommittee, as I stated when I
started my remarks. We have a problem in America today with security
needs, and we in Congress have an obligation to do what we can to help
State and local governments with problems that are national in scope.
This is one area where we need help.
At an appropriate time, after further discussion with the chairman
and ranking member of the committee, I will make a determination as to
whether this amendment should require a vote or whether I want to work
on the basis of the colloquy with the Senator from Mississippi and
withdraw the amendment. That decision will be made at a subsequent
time.
The PRESIDING OFFICER. The Senator from Mississippi is recognized.
Mr. COCHRAN. Mr. President, I appreciate the comments of the
distinguished Senator from Nevada. We will continue to work with him to
be sure that we take into account the observations he has made, and the
urban areas in his State will be dealt with fairly by the Office for
Domestic Preparedness in the consideration of the allocation of grants
from this fund.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. COCHRAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. COCHRAN. Mr. President, I am going to propound two unanimous
consent requests which we understand have been cleared on both sides of
the aisle, and I make this request at the suggestion of the majority
leader.
I ask unanimous consent that the committee substitute amendment be
agreed to and considered as original text for the purpose of further
amendment, provided that no points of order be waived by virtue of this
agreement; provided further that the amendments that are now pending be
modified so they are considered as pending to the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
Order of Procedure
Mr. COCHRAN. Mr. President, I ask unanimous consent that at 12:30,
the Senate stand in recess until 3:30 this afternoon. This would allow
all Senators to attend an important briefing this afternoon, in
addition to the party lunches at 12:30.
The PRESIDING OFFICER. Is there objection?
Mr. REID. Reserving the right to object, I wonder if it would not be
to the benefit of especially the Senator and myself, but the Senate
generally, if as soon as the Senator completes these unanimous consent
requests we go into recess at that time rather than wait until 12:30?
Mr. COCHRAN. I have no objection to that and so modify my request in
that way.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________