[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.

                          ____________________