[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Senate]
[Pages S9980-S9986]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2004

  On Thursday, July 24, 2003, the Senate passed H.R. 2555, as follows:

         Resolved, That the bill from the House of Representatives 
     (H.R. 2555) entitled ``An Act making appropriations for the 
     Department

[[Page S9981]]

     of Homeland Security for the fiscal year ending September 30, 
     2004, and for other purposes.'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of the Homeland Security for the fiscal year ending September 
     30, 2004, and for other purposes, namely:

                    DEPARTMENT OF HOMELAND SECURITY

      TITLE I--DEPARTMENTAL OPERATIONS, MANAGEMENT, AND OVERSIGHT

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security as authorized by section 102 of the 
     Homeland Security Act of 2002 (6 U.S.C. 112) and executive 
     management of the Department of Homeland Security, as 
     authorized by law, $83,653,000.

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management and Administration, as authorized by sections 
     701-704 of the Homeland Security Act of 2002 (6 U.S.C. 341-
     344), $167,521,000: Provided, That of the total amount 
     provided, $30,000,000 shall remain available until expended 
     solely for the alteration and improvement of facilities and 
     for relocation costs necessary for the interim housing of the 
     Department's headquarters' operations and organizations 
     collocated therewith.

                 Department-Wide Technology Investments

       For development and acquisition of information technology 
     equipment, software, services, and related activities for the 
     Department of Homeland Security, and for the costs of 
     conversion to narrowband communications, including the cost 
     for operation of the land mobile radio legacy systems, 
     $185,000,000, to remain available until expended.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978 (5 U.S.C. App.), $58,118,000; of which 
     not to exceed $100,000 may be used for certain confidential 
     operational expenses, including the payment of informants, to 
     be expended at the direction of the Inspector General.

                           TITLE II--SERVICES

                  Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, including international services, as transferred by 
     and authorized by the Homeland Security Act of 2002 (6 U.S.C. 
     271, 272), $229,377,000.

          TITLE III--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

  Office of the Under Secretary for Border and Transportation Security


                         SALARIES AND EXPENSES

       For necessary expenses of the Office of the Under Secretary 
     for Border and Transportation Security, as authorized by 
     Subtitle A, Title IV, of the Homeland Security Act of 2002 (6 
     U.S.C. 201-203), $8,842,000.


    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigration Responsibility Act of 1996 
     (8 U.S.C. 1221 note), $380,000,000, to remain available until 
     expended: Provided, That none of the funds appropriated in 
     this Act for the United States Visitor and Immigrant Status 
     Indicator Technology project may be obligated until the 
     Department of Homeland Security submits a plan for 
     expenditure that has been approved by the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.

                     Customs and Border Protection


                         SALARIES AND EXPENSES

                     (Including transfer of funds)

       For necessary expenses for border security, immigration, 
     customs, and agricultural inspections and regulatory 
     activities related to plant and animal imports, acquisition, 
     lease, maintenance and operation of aircraft; purchase and 
     lease of up to 4,500 (3,935 for replacement only) police-type 
     vehicles; contracting with individuals for personal services 
     abroad; including not to exceed $1,000,000 to meet unforeseen 
     emergencies of a confidential nature, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Under Secretary for Border and 
     Transportation Security; as authorized by any Act enforced by 
     the Bureau of Customs and Border Protection, $4,366,000,000, 
     of which not to exceed $96,000,000 shall remain available 
     until September 30, 2005, for inspection technology; of which 
     such sums as become available in the Customs User Fee 
     Account, except sums subject to section 13031(f)(3) of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c(f)(3)), shall be derived from that account; of 
     which not to exceed $150,000 shall be available for payment 
     for rental space in connection with preclearance operations; 
     of which not to exceed $5,000,000 shall be available for 
     payments or advances arising out of contractual or 
     reimbursable agreements with State and local law enforcement 
     agencies while engaged in cooperative activities related to 
     immigration: Provided, That none of the funds appropriated 
     shall be available to compensate any employee for overtime in 
     an annual amount in excess of $30,000, except that the Under 
     Secretary for Border and Transportation Security may exceed 
     that amount as necessary for national security purposes and 
     in cases of immigration emergencies: Provided further, That 
     of the total amount provided for activities to enforce laws 
     against forced child labor in fiscal year 2004, not to exceed 
     $4,000,000 shall remain available until expended.
       In addition, for administrative expenses related to the 
     collection of the Harbor Maintenance Fee, pursuant to Public 
     Law 103-182, and notwithstanding section 1511 (e)(1) of 
     Public Law 107-296, $3,000,000 to be derived from the Harbor 
     Maintenance Trust Fund and to be transferred to and merged 
     with the appropriation for ``Salaries and Expenses'' under 
     this heading.


                        AUTOMATION MODERNIZATION

       For expenses for Customs and Border Protection automated 
     systems, $441,122,000, to remain available until expended, of 
     which not less than $318,690,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That none 
     of the funds appropriated in this Act for the Automated 
     Commercial Environment may be obligated until the Department 
     of Homeland Security submits a plan for expenditure that has 
     been approved by the Committees on Appropriations of the 
     Senate and the House of Representatives.


                              CONSTRUCTION

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $90,363,000, to remain available 
     until expended.

                  Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

                     (Including transfer of funds)

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, investigations; 
     purchase and lease of up to 1,600 (1,450 for replacement 
     only) police-type vehicles; including not to exceed 
     $1,000,000 to meet unforeseen emergencies of a confidential 
     nature, to be expended under the direction of, and to be 
     accounted for solely under the certificate of, the Under 
     Secretary for Border and Transportation Security; as 
     authorized by any Act enforced by the Bureau of Immigration 
     and Customs Enforcement, $2,180,000,000, of which not to 
     exceed $5,000,000 shall be available until expended for 
     conducting special operations pursuant to section 3131 of the 
     Customs Enforcement Act of 1986 (19 U.S.C. 2081), of which 
     not less than $40,000,000 shall be available until expended 
     for information technology infrastructure, and of which not 
     to exceed $5,000,000 shall be available to fund or reimburse 
     other Federal agencies for the costs associated with the 
     care, maintenance, and repatriation of smuggled illegal 
     aliens: Provided, That in addition, $424,211,000 shall be 
     transferred from the revenues and collections in the General 
     Services Administration, Federal Buildings Fund for the 
     Federal Protective Service: Provided further, That none of 
     the funds appropriated shall be available to compensate any 
     employee for overtime in an annual amount in excess of 
     $30,000, except that the Under Secretary for Border and 
     Transportation Security may waive that amount as necessary 
     for national security purposes and in cases of immigration 
     emergencies: Provided further, That of the total amount 
     provided for activities to enforce laws against forced child 
     labor in fiscal year 2004, not to exceed $1,000,000 shall 
     remain available until expended: Provided further, That not 
     later than 180 days after the date of enactment of this Act, 
     the General Accounting Office shall transmit to Congress a 
     report on the implementation of the Student and Exchange 
     Visitor Information System (SEVIS), including an assessment 
     of the technical problems faced by institutions of higher 
     education using the system, the need for the detailed 
     information collected, and an analysis of corrective action 
     being taken by the Department to resolve problems in SEVIS.


  AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE AND PROCUREMENT

       For necessary expenses for the operation and maintenance of 
     marine vessels, aircraft, and other related equipment of the 
     Air and Marine Programs, including operational training and 
     mission-related travel, and rental payments for facilities 
     occupied by the air or marine interdiction and demand 
     reduction programs, the operations of which include the 
     following: the interdiction of narcotics and other goods; the 
     provision of support to Federal, State, and local agencies in 
     the enforcement or administration of laws enforced by the 
     Bureau of Immigration and Customs Enforcement; and at the 
     discretion of the Director of the Bureau of Immigration and 
     Customs Enforcement, the provision of assistance to Federal, 
     State, and local agencies in other law enforcement and 
     emergency humanitarian efforts, $257,291,000, to remain 
     available until expended.


                              CONSTRUCTION

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $26,775,000, to remain available 
     until expended.

                 Transportation Security Administration


                           Aviation Security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (49 U.S.C. 40101 note), $4,523,900,000, to remain 
     available until September 30, 2005, of which $3,185,000,000 
     shall be available for screening activities and of which 
     $1,338,900,000 shall be available for airport support and 
     enforcement presence: Provided, That security service fees 
     authorized under section 44940 of title 49, United

[[Page S9982]]

     States Code, shall be credited to this appropriation as 
     offsetting collections and used for providing civil aviation 
     security services authorized by that section: Provided 
     further, That the sum under this heading appropriated from 
     the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2004 in order to result in a final fiscal year 
     appropriation from the general fund estimated at not more 
     than $2,453,900,000: Provided further, That any security 
     service fees collected in excess of the amount appropriated 
     under this heading shall be treated as offsetting collections 
     in fiscal year 2005: Provided further, That of the total 
     amount provided under this heading, $309,000,000 shall be 
     available for physical modification of commercial service 
     airports for the purpose of installing checked baggage 
     explosive detection systems, as authorized by section 367 of 
     title III of Division I of the Consolidated Appropriations 
     Resolution, 2003 (49 U.S.C. 47110 note); and $150,500,000 
     shall be available for procurement of checked baggage 
     explosive detection systems, including explosive trace 
     detection systems, as authorized by section 4490 of title 49, 
     United States Code.


                       Maritime and Land Security

       For necessary expenses of the Transportation Security 
     Administration related to maritime and land transportation 
     security grants and services pursuant to the Aviation and 
     Transportation Security Act (49 U.S.C. 40101 note), 
     $295,000,000, to remain available until September 30, 2005: 
     Provided, That of the total amount provided under this 
     heading, $150,000,000 shall be available for port security 
     grants, which shall be distributed under the same terms and 
     conditions as provided for under Public Law 107-117; and 
     $30,000,000 shall be available to execute grants, contracts, 
     and interagency agreements for the purpose of deploying 
     Operation Safe Commerce.


                              Intelligence

       For necessary expenses for intelligence activities pursuant 
     to the Aviation and Transportation Security Act (49 U.S.C. 
     40101 note), $13,600,000, to remain available until September 
     30, 2004.


                        Research and Development

       For necessary expenses for research and development related 
     to transportation security, $130,200,000, to remain available 
     until expended: Provided, That of the total amount provided 
     under this heading, $45,000,000 shall be available for the 
     research and development of explosive detection devices.


                             Administration

       For necessary administrative expenses of the Transportation 
     Security Administration to carry out the Aviation and 
     Transportation Security Act (49 U.S.C. 40101 note), 
     $433,200,000, to remain available until September 30, 2004.

                       United States Coast Guard


                           Operating Expenses

                    (including rescission of funds)

       For necessary expenses for the operation and maintenance of 
     the Coast Guard not otherwise provided for; purchase of not 
     to exceed five passenger motor vehicles for replacement only; 
     payments pursuant to section 156 of Public Law 97-377 (42 
     U.S.C. 402 note); and section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)) and recreation and welfare, 
     $4,719,000,000, of which $340,000,000 shall be available for 
     defense-related activities; and of which $25,000,000 shall be 
     derived from the Oil Spill Liability Trust Fund: Provided, 
     That none of the funds appropriated by this or any other Act 
     shall be available for administrative expenses in connection 
     with shipping commissioners in the United States: Provided 
     further, That of the total amount provided under this 
     heading, funding to operate and maintain the Coast Guard 
     Research and Development Center shall continue at the fiscal 
     year 2003 level: Provided further, That the Commandant of the 
     Coast Guard shall conduct a study, the cost of which is not 
     to exceed $350,000, to be submitted to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, on the research and development priorities 
     of the Coast Guard and a design for a new research and 
     development organizational structure within the Coast Guard 
     that ensures that the Coast Guard has access to the most 
     advanced technology necessary to perform its missions 
     effectively: Provided further, That the Commandant may seek 
     an independent entity to conduct such a study: Provided 
     further, That none of the funds provided by this Act shall be 
     available for expenses incurred for yacht documentation under 
     section 12109 of title 46, United States Code, except to the 
     extent fees are collected from yacht owners and credited to 
     this appropriation: Provided further, That notwithstanding 
     section 1116(c) of title 10, United States Code, amounts made 
     available under this heading may be used to make payments 
     into the Department of Defense Medicare-Eligible Retiree 
     Health Care Fund for fiscal year 2004 under section 1116(a) 
     of such title.
       In addition, of the funds appropriated under this heading 
     in chapter 6 of title I of Public Law 108-11 (117 Stat. 583), 
     $71,000,000 are hereby rescinded.


                ENVIRONMENTAL COMPLIANCE AND RESTORATION

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


                            RESERVE TRAINING

       For all necessary expenses of the Coast Guard Reserve, as 
     authorized by law; maintenance and operation of facilities; 
     and supplies, equipment, and services, $95,000,000.


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; maintenance, rehabilitation, lease and 
     operation of facilities and equipment, as authorized by law, 
     $1,035,000,000, of which $23,500,000 shall be derived from 
     the Oil Spill Liability Trust Fund; of which $66,500,000 
     shall be available to acquire, repair, renovate, or improve 
     vessels, small boats, and related equipment, to remain 
     available until expended; of which $178,500,000 shall be 
     available for other equipment, including $3,500,000 for 
     defense message system implementation and $1,000,000 for oil 
     spill prevention efforts under the Ports and Waterways Safety 
     Systems (PAWSS) program, to remain available until expended; 
     of which $70,000,000 shall be available for personnel 
     compensation and benefits and related costs; of which 
     $702,000,000 shall be available for the Integrated Deepwater 
     Systems program, to remain available until expended; and of 
     which $18,000,000 shall be available for alteration or 
     removal of obstructive bridges, to remain available until 
     expended: Provided, That the Commandant of the Coast Guard is 
     authorized to dispose of surplus real property, by sale or 
     lease, and the proceeds shall be credited to this 
     appropriation as offsetting collections and shall be 
     available only for Rescue 21 and shall remain available until 
     expended: Provided further, That funds for bridge alteration 
     projects conducted pursuant to the Act of June 21, 1940 (33 
     U.S.C. 511 et seq.) shall be available for such projects only 
     to the extent that the steel, iron, and manufactured products 
     used in such projects are produced in the United States, 
     unless contrary to law or international agreement, or unless 
     the Commandant of the Coast Guard determines such action to 
     be inconsistent with the public interest or the cost 
     unreasonable.


                              Retired Pay

       For retired pay, including the payment of obligations 
     therefor otherwise chargeable to lapsed appropriations for 
     this purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses under the National Defense Authorization Act, 
     and for payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,020,000,000.

                      United States Secret Service


                         Salaries and Expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 730 vehicles for police-
     type use, of which 610 shall be for replacement only, and 
     hire of passenger motor vehicles; purchase of American-made 
     sidecar compatible motorcycles; hire of aircraft; services of 
     expert witnesses at such rates as may be determined by the 
     Director; rental of buildings in the District of Columbia, 
     and fencing, lighting, guard booths, and other facilities on 
     private or other property not in Government ownership or 
     control, as may be necessary to perform protective functions; 
     for payment of per diem or subsistence allowances to 
     employees where a protective assignment during the actual day 
     or days of the visit of a protectee require an employee to 
     work 16 hours per day or to remain overnight at his or her 
     post of duty; the conducting of and participating in firearms 
     matches; presentation of awards; for travel of Secret Service 
     employees on protective missions without regard to the 
     limitations on such expenditures in this or any other Act if 
     approval is obtained in advance from the Committees on 
     Appropriations of the Senate and the House of 
     Representatives; for research and development; for making 
     grants to conduct behavioral research in support of 
     protective research and operations; not to exceed $100,000 to 
     provide technical assistance and equipment to foreign law 
     enforcement organizations in counterfeit investigations; for 
     payment in advance for commercial accommodations as may be 
     necessary to perform protective functions; $1,114,737,000, of 
     which $1,633,000 shall be available for forensic and related 
     support of investigations of missing and exploited children; 
     and of which $5,000,000 shall be available as a grant for 
     activities related to the investigations of exploited 
     children and shall remain available until expended: Provided, 
     That up to $18,000,000 provided for protective travel shall 
     remain available until September 30, 2005: Provided further, 
     That in fiscal year 2004 and thereafter, the James J. Rowley 
     Training Center is authorized to provide short-term medical 
     services for students undergoing training at the Center.


     Acquisition, Construction, Improvements, and Related Expenses

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

           TITLE IV--ASSESSMENTS, PREPAREDNESS, AND RECOVERY

                         Counterterrorism Fund

       For necessary expenses, as determined by the Secretary of 
     Homeland Security, $20,000,000, to remain available until 
     expended, to reimburse any Department of Homeland Security 
     organization for the costs of providing support to counter, 
     investigate, or prosecute unexpected threats or acts of 
     terrorism, including payment of rewards in connection with 
     these activities: Provided, That any funds provided under 
     this heading shall be available only after the Secretary 
     notifies the Committees on Appropriations of the Senate and 
     the House of Representatives in accordance with section 605 
     of this Act.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; purchase of not to 
     exceed 117 vehicles for police-type use and hire of passenger 
     motor vehicles; for expenses for student athletic and related 
     activities; the conducting of and participating in firearms 
     matches and presentation of awards; for public awareness and

[[Page S9983]]

     enhancing community support of law enforcement training; room 
     and board for student interns; and services as authorized by 
     section 3109 of title 5, United States Code, $172,736,000, of 
     which up to $44,413,000 for materials and support costs of 
     Federal law enforcement basic training shall remain available 
     until September 30, 2005: Provided, That in fiscal year 2004 
     and thereafter, the Center is authorized to accept and use 
     gifts of property, both real and personal, and to accept 
     services, for authorized purposes: Provided further, That in 
     fiscal year 2004 and thereafter, the Center is authorized to 
     accept detailees from other Federal agencies, on a non-
     reimbursable basis, to staff the accreditation function: 
     Provided further, That notwithstanding any other provision of 
     law, in fiscal year 2004 and thereafter, students attending 
     training at any Center site shall reside in on-Center or 
     Center-provided housing, insofar as available and in 
     accordance with Center policy: Provided further, That in 
     fiscal year 2004 and thereafter, funds appropriated in this 
     account shall be available, at the discretion of the 
     Director, for the following: training United States Postal 
     Service law enforcement personnel and Postal police officers; 
     State and local government law enforcement training on a 
     space-available basis; training of foreign law enforcement 
     officials on a space-available basis with reimbursement of 
     actual costs to this appropriation, except that reimbursement 
     may be waived by the Secretary for law enforcement training 
     activities in foreign countries undertaken under section 801 
     of the Antiterrorism and Effective Death Penalty Act of 1996 
     (Public Law 104-32); training of private sector security 
     officials on a space-available basis with reimbursement of 
     actual costs to this appropriation; and travel expenses of 
     non-Federal personnel to attend course development meetings 
     and training sponsored by the Center: Provided further, That 
     in fiscal year 2004 and thereafter, the Center is authorized 
     to obligate funds in anticipation of reimbursements from 
     agencies receiving training sponsored by the Center, except 
     that total obligations at the end of the fiscal year shall 
     not exceed total budgetary resources available at the end of 
     the fiscal year: Provided further, That in fiscal year 2004 
     and thereafter, the Center is authorized to provide short-
     term medical services for students undergoing training at the 
     Center.


     Acquisition, Construction, Improvements, and Related Expenses

       For expansion of the Federal Law Enforcement Training 
     Center, for acquisition of necessary additional real property 
     and facilities, and for ongoing maintenance, facility 
     improvements, and related expenses, $28,708,000, to remain 
     available until expended.

                    Office for Domestic Preparedness


                        STATE AND LOCAL PROGRAMS

       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $2,888,000,000, which shall be 
     allocated as follows:
       (1) $1,750,000,000 for grants pursuant to section 1014 of 
     the USA PATRIOT Act of 2001 (42 U.S.C. 3711), of which 
     $500,000,000 shall be available for State and local law 
     enforcement terrorism prevention grants: Provided, That no 
     funds shall be made available to any State prior to the 
     submission of an updated state plan to the Office for 
     Domestic Preparedness: Provided further, That the application 
     for grants shall be made available to States within 15 days 
     after enactment of this Act; and that States shall submit 
     applications within 30 days after the grant announcement; and 
     that the Office for Domestic Preparedness shall act on each 
     application within 15 days after receipt: Provided further, 
     That each State shall obligate not less than 80 percent of 
     the total amount of the grant to local governments within 45 
     days after the grant award;
       (2) $30,000,000 for technical assistance;
       (3) $750,000,000 for discretionary grants for use in high-
     threat urban areas, as determined by the Secretary of 
     Homeland Security: Provided, That no less than 80 percent of 
     any grant to a State shall be made available by the State to 
     local governments within 45 days after the receipt of the 
     funds: Provided further, That section 1014(c)(3) of the USA 
     PATRIOT Act of 2001 (42 U.S.C. 3711) shall not apply to these 
     grants; and
       (4) $358,000,000 for national programs:
     Provided, That none of the funds appropriated under this 
     heading shall be used for the construction or renovation of 
     facilities: Provided further, That funds appropriated for 
     State and local law enforcement terrorism prevention grants 
     under paragraph (1) and discretionary grants under paragraph 
     (3) of this heading shall be available for operational costs, 
     to include personnel overtime and overtime associated with 
     Office for Domestic Preparedness certified training as 
     needed: Provided further, That the Secretary of Homeland 
     Security shall notify the Committees on Appropriations of the 
     Senate and House of Representatives 15 days prior to the 
     obligation of any amount of the funds provided under 
     paragraphs (1) and (3) of this heading: Provided further, 
     That not later than January 1, 2004, the Office of Domestic 
     Preparedness shall submit to the Committees on Appropriations 
     of the Senate and House of Representatives a report detailing 
     efforts to assess and disseminate best practices to emergency 
     responders which, at a minimum, shall discuss (1) efforts to 
     coordinate and share information with State and local 
     officials and emergency preparedness organizations; and (2) 
     steps the Department proposes to improve the coordination and 
     sharing of such information, if any.


                     FIREFIGHTER ASSISTANCE GRANTS

       For necessary expenses for programs authorized by section 
     33 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.), $750,000,000, to remain available until 
     September 30, 2005: Provided, That up to 5 percent of this 
     amount shall be available for program administration.

 Office of the Under Secretary for Emergency Preparedness and Response

       For necessary expenses for the Office of the Under 
     Secretary for Emergency Preparedness and Response as 
     authorized by section 502 of the Homeland Security Act of 
     2002 (6 U.S.C. 312), $3,615,000.

                  Emergency Preparedness and Response


                           Operating Expenses

                    (including rescission of funds)

       For necessary expenses of the Emergency Preparedness and 
     Response Directorate, $826,801,000, to remain available until 
     expended, including activities authorized by the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the 
     Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et 
     seq.), the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
     the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
     et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 
     2061 et seq.), sections 107 and 303 of the National Security 
     Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 
     of 1978 (5 U.S.C. 903 note), and the Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.): Provided, That of the amount 
     provided under this heading: $163,000,000 shall be for 
     activities relating to Preparedness, Mitigation, Response and 
     Recovery; $434,000,000 shall be for Public Health Programs, 
     including the Disaster Medical Assistance Teams and the 
     Strategic National Stockpile; $165,214,000 shall be for 
     Administrative and Regional Operations; and $64,587,000 shall 
     be for Urban Search and Rescue Teams.
       In addition, of the funds appropriated under this heading 
     by Public Law 108-11 (117 Stat. 583), $3,000,000 are hereby 
     rescinded.


              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

       The aggregate charges assessed during fiscal year 2004, as 
     authorized by the Energy and Water Development Appropriations 
     Act, 2001 (Public Law 106-377; 114 Stat. 114A-46), shall not 
     be less than 100 percent of the amounts anticipated by the 
     Department of Homeland Security necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year. The methodology for assessment and collection of 
     fees shall be fair and equitable; and shall reflect costs of 
     providing such services, including administrative costs of 
     collecting such fees. Fees received under this heading shall 
     be deposited in this account as offsetting collections and 
     will become available for authorized purposes on October 1, 
     2004, and remain available until expended.


                            Disaster Relief

                     (including transfer of funds)

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $1,956,000,000, notwithstanding the 
     matter under the heading ``Disaster Relief'' under the 
     heading ``Federal Emergency Management Agency'' of chapter II 
     of title I of Public Law 102-229 (42 U.S.C. 5203), to remain 
     available until expended; of which not to exceed $22,000,000 
     shall be transferred to and merged with the appropriation for 
     ``Office of the Inspector General'' for audits and 
     investigations: Provided, That the Under Secretary for 
     Emergency Preparedness and Response may provide advanced 
     funding to authorize nonprofit entities performing duties 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5131 et seq.) who respond to a 
     disaster declared by the President if the nonprofit entity 
     petitions the Under Secretary for such advanced funding and 
     demonstrates that they would be unable to respond to the 
     disaster absent such funding.


            Disaster Assistance Direct Loan Program Account

       For direct loans, as authorized by section 319 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5162): Provided, That gross obligations for 
     the principal amount of direct loans not to exceed 
     $25,000,000: Provided further, That the cost of modifying 
     such loans shall be as defined in section 502 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a). In 
     addition, for administrative expenses to carry out the direct 
     loan program, $557,000.


                 NATIONAL PRE-DISASTER MITIGATION FUND

       For a pre-disaster mitigation grant program pursuant to 
     title II of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5131 et seq.), 
     $150,000,000, to remain available until expended: Provided, 
     That grants made for pre-disaster mitigation shall be awarded 
     on a competitive basis subject to the criteria in section 203 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5133(g)): Provided further, That, 
     notwithstanding section 203(f) of that Act (42 U.S.C. 
     5133(f)), grant awards shall be made without reference to 
     State allocations, quotas, or other formula-based allocation 
     of funds: Provided further, That total administrative costs 
     shall not exceed 3 percent of the total appropriation.


                      Flood Map Modernization Fund

       For necessary expenses pursuant to section 1360 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4101), 
     $200,000,000, and such additional sums as may be provided by 
     State and local governments or other political subdivisions 
     for cost-shared mapping activities under section 1360(f)(2) 
     of such Act, to remain available until expended: Provided, 
     That total administrative costs shall not exceed 3 percent of 
     the total appropriation.

[[Page S9984]]

                     National Flood Insurance Fund

                     (INCLUDING TRANSFER OF FUNDS)

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4011 et seq.) and the Flood Disaster 
     Protection Act of 1973 (42 U.S.C. 4001 et seq.), not to 
     exceed $32,663,000 for salaries and expenses associated with 
     flood mitigation and flood insurance operations; and not to 
     exceed $77,809,000 for flood hazard mitigation, to remain 
     available until September 30, 2005, including up to 
     $20,000,000 for expenses under section 1366 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4104c), which amount 
     shall be available for transfer to the National Flood 
     Mitigation Fund until September 30, 2005, and which amounts 
     shall be derived from offsetting collections assessed and 
     collected pursuant to section 1307 of that Act (42 U.S.C. 
     4014), and shall be retained and used for necessary expenses 
     under this heading: Provided, That in fiscal year 2004, no 
     funds in excess of: (1) $55,000,000 for operating expenses; 
     (2) $565,897,000 for agents' commissions and taxes; and (3) 
     $40,000,000 for interest on Treasury borrowings shall be 
     available from the National Flood Insurance Fund.


                     NATIONAL FLOOD MITIGATION FUND

                     (INCLUDING TRANSFER OF FUNDS)

       Notwithstanding subparagraphs (B) and (C) of subsection 
     (b)(3), and subsection (f) of section 1366 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4104c), $20,000,000, 
     to remain available until September 30, 2005, for activities 
     designed to reduce the risk of flood damage to structures 
     pursuant to such Act, of which $20,000,000 shall be derived 
     from the National Flood Insurance Fund.


                EMERGENCY MANAGEMENT performance GRANTS

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 and the Flood Disaster Protection Act of 1973 (42 U.S.C. 
     4001 et seq.), the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
     Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et 
     seq.), and the Reorganization Plan No. 3 of 1978 (5 U.S.C. 
     903 note), $165,000,000.


                       Emergency Food and Shelter

       To carry out an emergency food and shelter program pursuant 
     to title III of Public Law 100-77 (42 U.S.C. 11331 et seq.), 
     $153,000,000, to remain available until expended: Provided, 
     That total administrative costs shall not exceed 3.5 percent 
     of the total appropriation.


                        CERRO GRANDE FIRE CLAIMS

       For payment of claims under the Cerro Grande Fire 
     Assistance Act (Public Law 106-246; 114 Stat. 583), 
     $38,062,000, to remain available until expended: Provided, 
     That up to 5 percent of this amount may be made available for 
     administrative costs.

      Office of the Under Secretary for Information Analysis and 
                       Infrastructure Protection

       For necessary expenses of the Office of the Under Secretary 
     for Information Analysis and Infrastructure Protection as 
     authorized by section 201 of the Homeland Security Act of 
     2002 (6 U.S.C. 121), $10,460,000; of which $5,442,000 shall 
     be for operations of the Department of Homeland Security 
     Command Center: Provided, That no later than 120 days after 
     enactment of this Act the Under Secretary of Infrastructure 
     Analysis and Infrastructure Protection shall submit a report 
     to the Committees on Appropriations of the Senate and House 
     of Representatives on the vulnerability of the 250 largest 
     sports and entertainment facilities (based on seating 
     capacity).

 Information Analysis and Infrastructure Protection, Operating Expenses

       For necessary expenses for information analysis and 
     infrastructure protection as authorized by section 201 of the 
     Homeland Security Act of 2002 (6 U.S.C. 121), $823,700,000, 
     to remain available until September 30, 2005.

                   TITLE V--RESEARCH AND DEVELOPMENT

        Office of the Under Secretary for Science and Technology

       For necessary expenses of the Office of the Under Secretary 
     for Science and Technology as authorized by section 302 of 
     the Homeland Security Act of 2002 (6 U.S.C. 182), $5,400,000.

    Science and Technology, Research, Development, Acquisition and 
                               Operations

       For necessary expenses for science and technology research, 
     development, acquisition, and operations, as authorized by 
     sections 302, 307, and 308 of the Homeland Security Act of 
     2002 (6 U.S.C. 182, 187, 188), $866,000,000, to remain 
     available until expended; of which $55,000,000 is for 
     university-based centers for homeland security as authorized 
     by section 308(b)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 188(b)(2)); and of which $70,000,000 is provided for 
     the centralized Federal technology clearinghouse as 
     authorized by section 313 of the Homeland Security Act of 
     2002 (6 U.S.C. 193): Provided, That of the total amount 
     appropriated, $20,000,000 shall be available for the 
     construction of the National Biodefense Analysis and 
     Countermeasures Center: Provided further, That the Under 
     Secretary for Science and Technology shall work with the 
     Coast Guard Research and Development Center regarding 
     research priorities for the Coast Guard: Provided further, 
     That there may be credited to and used for the purposes of 
     this appropriation funds received from State and local 
     governments, other public authorities, private sources, and 
     foreign countries, for expenses incurred for research, 
     development, testing, and evaluation.

                      TITLE VI--GENERAL PROVISIONS


                     (including transfers of funds)

       Sec. 601. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 602. The Federal Emergency Management Agency ``Working 
     Capital Fund'' shall be available to the Department of 
     Homeland Security, as authorized by sections 503 and 1517 of 
     the Homeland Security Act of 2002 (6 U.S.C. 313 and 557), for 
     expenses and equipment necessary for maintenance and 
     operations of such administrative services as the Secretary 
     determines may be performed more advantageously as central 
     services: Provided, That such fund shall hereafter be known 
     as the ``Department of Homeland Security Working Capital 
     Fund''.
       Sec. 603. The Federal Emergency Management Agency 
     ``Bequests and Gifts'' account shall be available to the 
     Department of Homeland Security, as authorized by sections 
     503 and 1517 of the Homeland Security Act of 2002 (6 U.S.C. 
     313 and 557), for the Secretary of Homeland Security to 
     accept, hold, administer and utilize gifts and bequests, 
     including property, to facilitate the work of the Department 
     of Homeland Security: Provided, That such fund shall 
     hereafter be known as ``Department of Homeland Security, 
     Gifts and Donations'': Provided further, That any gift or 
     bequest is to be used in accordance with the terms of that 
     gift or bequest to the greatest extent practicable.
       Sec. 604. No employee of the Department of Homeland 
     Security may be detailed or assigned from an agency, bureau, 
     or office funded by this Act to any other agency, bureau, or 
     office of the Department for more than 30 days unless the 
     individual's employing agency or office is fully reimbursed 
     by the receiving agency or office for the salary and expenses 
     of the employee for the period of assignment unless expressly 
     so provided herein.
       Sec. 605. (a) None of the funds provided by this Act, or 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2004, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act shall be available for 
     obligation or expenditure through a reprogramming of funds 
     which: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds for any program, 
     project, or activity for which funds have been denied or 
     restricted by Congress; or (4) proposes to use funds directed 
     for a specific activity by either the House or Senate 
     Committees on Appropriations for a different purpose, unless 
     the Committees on Appropriations of the Senate and the House 
     of Representatives are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided by this Act, or provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2004, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure for programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $5,000,000 or 10 percent, whichever is less, that: (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, projects or activities, as 
     approved by Congress; unless the Committees on Appropriations 
     of the Senate and the House of Representatives are notified 
     15 days in advance of such reprogramming of funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year to the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriation, except otherwise 
     specifically provided, shall be increased by more than 10 
     percent by any such transfers: Provided, That any transfer 
     under this section shall be treated as a reprogramming of 
     funds under subsection (b) of this section and shall not be 
     available for obligation unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such transfer.
       Sec. 606. Of the funds appropriated by this Act or 
     otherwise made available, not to exceed $100,000 may be used 
     for official reception and representation expenses when 
     specifically approved by the Secretary.
       Sec. 607. Funds made available by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2004 until the 
     date of enactment of an Act authorizing intelligence 
     activities for fiscal year 2004.
       Sec. 608. The Federal Law Enforcement Training Center is 
     directed to establish an accrediting body that will include 
     representatives from the Federal law enforcement community, 
     as well as non-Federal accreditation experts involved in law 
     enforcement training. The purpose of this body will be to 
     establish standards for measuring and assessing the quality 
     and effectiveness of Federal law enforcement training 
     programs, facilities, and instructors.
       Sec. 609. For fiscal year 2004 and thereafter, none of the 
     funds made available by this Act may be used for the 
     production of customs declarations that do not inquire 
     whether the passenger had been in the proximity of livestock.
       Sec. 610. For fiscal year 2004 and thereafter, none of the 
     funds made available by this Act shall be available for any 
     activity or for paying the salary of any Government employee 
     where funding an activity or paying a salary to a Government 
     employee would result in a determination, regulation, or 
     policy that would prohibit

[[Page S9985]]

     the enforcement of section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307).
       Sec. 611. For fiscal year 2004 and thereafter, none of the 
     funds made available by this Act may be used to allow--
       (1) the importation into the United States of any good, 
     ware, article, or merchandise mined, produced, or 
     manufactured by forced or indentured child labor, as 
     determined under section 307 of the Tariff Act of 1930 (19 
     U.S.C. 1307); or
       (2) the release into the United States of any good, ware, 
     article, or merchandise on which there is in effect a 
     detention order under such section 307 on the basis that the 
     good, ware, article, or merchandise may have been mined, 
     produced, or manufactured by forced or indentured child 
     labor.
       Sec. 612. Unless otherwise provided, funds may be used for 
     purchase of insurance for official motor vehicles operated in 
     foreign countries, and for the hire and purchase of motor 
     vehicles as authorized by section 1343 of title 31, United 
     States Code: Provided, That purchase for police-type use of 
     passenger vehicles may be made without regard to the general 
     purchase price limitation for the current fiscal year.
       Sec. 613. Unless otherwise provided, funds may be used for 
     uniforms without regard to the general purchase price 
     limitation for the current fiscal year.
       Sec. 614. None of the funds made available by this Act 
     shall be used to pay the salaries and expenses of personnel 
     to adopt guidelines or regulations requiring airport sponsors 
     to provide to the Transportation Security Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to aviation security: Provided, That the 
     prohibition of funds in this section does not apply to 
     negotiations between the agency and airport sponsors to 
     achieve agreement on ``below-market'' rates for these items 
     or to grant assurances that require airport sponsors to 
     provide land without cost to the Transportation Security 
     Administration for necessary security checkpoints.
       Sec. 615. (a) None of the funds provided by this or 
     previous appropriations Acts may be obligated for testing 
     (other than simulations), deployment, or implementation of 
     the Computer Assisted Passenger Prescreening System (CAPPS 
     II) that the Transportation Security Administration (TSA) 
     plans to utilize to screen aviation passengers, until the 
     General Accounting Office has reported to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that--
       (1) a system of due process exists whereby aviation 
     passengers determined to pose a threat and either delayed or 
     prohibited from boarding their scheduled flights by the TSA 
     may appeal such decision and correct erroneous information 
     contained in CAPPS II;
       (2) the underlying error rate of the government and private 
     data bases that will be used both to establish identity and 
     assign a risk level to a passenger will not produce a large 
     number of false positives that will result in a significant 
     number of passengers being treated mistakenly or security 
     resources being diverted;
       (3) the TSA has stress-tested and demonstrated the efficacy 
     and accuracy of all search tools in CAPPS II and has 
     demonstrated that CAPPS II can make an accurate predictive 
     assessment of those passengers who may constitute a threat to 
     aviation;
       (4) the Secretary of Homeland Security has established an 
     internal oversight board to monitor the manner in which CAPPS 
     II is being developed and prepared;
       (5) the TSA has built in sufficient operational safeguards 
     to reduce the opportunities for abuse;
       (6) substantial security measures are in place to protect 
     CAPPS II from unauthorized access by hackers or other 
     intruders;
       (7) the TSA has adopted policies establishing effective 
     oversight of the use and operation of the system; and
       (8) there are no specific privacy concerns with the 
     technological architecture of the system.
       (b) The General Accounting Office shall submit the report 
     required under paragraph (a) of this section no later than 60 
     days after the Secretary of Homeland Security has published 
     in the Federal Register the Department's privacy notice for 
     CAPPS II or no later than 60 days after enactment of this 
     Act, whichever is later.
       Sec. 616. Not later than March 1, 2004, the Secretary of 
     Homeland Security shall submit to Congress a report that--
       (1) details the progress made in developing countermeasures 
     for commercial aircraft against shoulder-fired missile 
     systems, including cost and time schedules for developing and 
     deploying such countermeasures; and
       (2) in classified form and in conjunction with airports in 
     category X and category one, an assessment of the 
     vulnerability of such airports from the threat of shoulder-
     fired missile systems and the interim measures being taken to 
     address the threat.
       Sec. 617. Not later than March 1, 2004, the Secretary of 
     Homeland Security shall issue a classified report to Congress 
     on the security costs incurred by State and local government 
     law enforcement personnel in each State in complying with 
     requests and requirements of the United States Secret Service 
     to provide protective services and transportation for foreign 
     and domestic officials.
       Sec. 618. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended for the 
     procurement of any articles, materials, or supplies in 
     contravention of the Buy American Act (41 U.S.C. 10a et 
     seq.).
       Sec. 619. Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report in unclassified form to Congress on the 
     Homeland Security Advisory System, which shall include--
       (1) an assessment of how the system is fulfilling its 
     missions to--
       (A) provide a national framework for Federal, State, and 
     local governments, private industry and the public to gauge 
     threat levels;
       (B) establish the integration of factors for assignment of 
     threat conditions;
       (C) unify the system of public announcements, allowing 
     government officials and citizens to communicate the nature 
     and degree of terrorist threats; and
       (D) provide a tool for combating terrorism by deterring 
     terrorist activity, notifying law enforcement and State and 
     local government officials of threats, informing the public 
     about government preparations, and providing such officials 
     and the public with information necessary to respond to the 
     threat;
       (2) the average daily cost of elevating the Homeland 
     Security Advisory System by 1 threat level;
       (3) an evaluation by the Inspector General of the 
     Department of Homeland Security of the responses to each of 
     the suggested protective measures to be taken at each threat 
     level; and
       (4) a review of efforts taken by the Department of Homeland 
     Security to refine the Homeland Security Advisory System, and 
     the progress of tailoring the system so that threat alerts 
     are issued on a regional basis rather than nationally.
       Sec. 620. (a) Congress finds that--
       (1) emergency responders are the first line of defense in 
     protecting our Nation against terrorist attacks;
       (2) the Department of Homeland Security uses population as 
     a factor when allocating grant funding to States and local 
     governments for emergency responders;
       (3) population plays an important role in both formula and 
     discretionary grants, which are administered by the 
     Department of Homeland Security;
       (4) the number of people in a city or State often differs 
     from estimates by the Census Bureau;
       (5) large groups of tourists regularly visit many American 
     cities and States, but are not included in the resident 
     population of these cities and States; and
       (6) the monetary needs of emergency responders are directly 
     related to the amount of people they are responsible to 
     protect.
       (b) It is the sense of the Senate that the Secretary of 
     Homeland Security should take into account tourist population 
     as a factor when determining resource needs and potential 
     vulnerabilities for the purpose of allocating funds for 
     discretionary and formula grants.
       Sec. 621. Not later than 30 days after the date of 
     enactment of this Act, the Under Secretary for Emergency 
     Preparedness and Response shall--
       (1) review the damage survey reports and project worksheets 
     relating to the damages and costs incurred by the University 
     of North Dakota as a result of the April 1997 flooding in 
     North Dakota, which is classified by Emergency Preparedness 
     and Response as DR-1174-ND; and
       (2) submit a report on the efforts of the Directorate of 
     Emergency Preparedness and Response to resolve any 
     outstanding claims by the University of North Dakota relating 
     to the reports described in paragraph (1) to the Committees 
     on Appropriations of the Senate and House of Representatives.
       Sec. 622. Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Secretary of State and the Attorney 
     General, shall report to the Committees on Appropriations of 
     the Senate and the House of Representatives on the 
     feasibility of providing access to State and local law 
     enforcement agencies to the database of the Department of 
     State on potential terrorists known as the ``Tipoff'' 
     database, including the process by which classified 
     information shall be secured from unauthorized disclosure.
       Sec. 623. Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     collaboration with the Director of the Office of Management 
     and Budget, shall submit a report to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, the Committee on 
     Governmental Affairs of the Senate, the Committee on 
     Government Reform of the House of Representatives, and the 
     Select Committee on Homeland Security of the House of 
     Representatives on the status of the Department's efforts 
     to--
       (1) complete an inventory of the Department's entire 
     information technology infrastructure;
       (2) devise and deploy a secure comprehensive enterprise 
     architecture that--
       (A) promotes interoperability of homeland security 
     information systems, including communications systems, for 
     agencies within and outside the Department;
       (B) avoids unnecessary duplication; and
       (C) aids rapid and appropriate information exchange, 
     retrieval, and collaboration at all levels of government;
       (3) consolidate multiple overlapping and inconsistent 
     terrorist watch lists, reconcile different policies and 
     procedures governing whether and how terrorist watch list 
     data are shared with other agencies and organizations, and 
     resolve fundamental differences in the design of the systems 
     that house the watch lists so as to achieve consistency and 
     expeditious access to accurate, complete, and current 
     information;
       (4) ensure that the Department's enterprise architecture 
     and the information systems leveraged, developed, managed, 
     and acquired under such enterprise architecture are capable 
     of rapid deployment, limit data access only to authorized 
     users in a highly secure environment, and are capable of 
     continuous system upgrades to benefit from advances in 
     technology while preserving the integrity of stored data; and
       (5) align common information technology investments within 
     the Department and between

[[Page S9986]]

     the Department and other Federal, State, and local agencies 
     responsible for homeland security to minimize inconsistent 
     and duplicate acquisitions and expenditures.
       Sec. 624. No funds in this Act shall be available for any 
     contract entered into after the date of enactment of this Act 
     by the Department of Homeland Security with--
       (1) an inverted domestic corporation (as defined in section 
     835 of the Homeland Security Act of 2002 (Public Law 107-296; 
     6 U.S.C. 395)),
       (2) any corporation which completed a plan (or series of 
     transactions) described in such section before, on, or after 
     the date of enactment of the Homeland Security Act of 2002 
     (Public Law 107-296; 6 U.S.C. 395), or
       (3) any subsidiary of a corporation described in paragraph 
     (1) or (2).
       Sec. 625. It is the sense of the Senate that the Department 
     of Homeland Security's Undersecretary for Science and 
     Technology should take all appropriate steps to ensure the 
     active participation of historically black colleges and 
     universities, tribal colleges, Hispanic-serving institutions, 
     and Alaskan Native serving institutions in Department 
     sponsored university research.
       Sec. 626. (a) Not later than 120 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a plan for enhancements of the operations of 
     the Information Analysis and Infrastructure Protection 
     Directorate in order to--
       (1) meet the personnel requirements of the Directorate;
       (2) improve communications between the Directorate and the 
     intelligence community; and
       (3) improve coordination between the Directorate and State 
     and local counterterrorism and law enforcement officials.
       (b) In addition to the matters specified in subsection (a), 
     the plan shall include a description of the current assets 
     and capabilities of the Information Analysis and 
     Infrastructure Protection Directorate, a strategy for the 
     Directorate for the coordination and dissemination of 
     intelligence and other information, and a schedule for the 
     implementation of the plan required under subsection (a).
       Sec. 627. Not later than 90 days after the date of 
     enactment of this Act, the Comptroller General shall conduct 
     a review and report to Congress on all of the data-mining 
     programs relating to law enforcement and terrorism currently 
     under development and in use in the Department of Homeland 
     Security.
       Sec. 628. When establishing priorities for firefighting 
     vehicles in the Firefighter Assistance Grants program, the 
     Secretary shall take into consideration the unique 
     geographical needs of individual fire departments.
       Sec. 629. Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study and submit a report with 
     recommendations to the Committee on Appropriations of the 
     House of Representatives and the Committee on Appropriations 
     of the Senate regarding the status of the air traffic control 
     communications voids and gaps in tethered aerostat coverage 
     around the United States, such as those existing in the 
     central Gulf of Mexico.
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2004''.

                          ____________________