[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

117 STAT. 1137]]

Public Law 108-90
108th Congress

An Act


 
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2004, and for other
purposes. [NOTE: Oct. 1, 2003 -  [H.R. 2555]]


Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: 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 Homeland Security for the fiscal
year ending September 30, 2004, and for other purposes, namely:

TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

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, $80,794,000: Provided, That not
to exceed $40,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine.

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 701-705 of the
Homeland Security Act of 2002 (6 U.S.C. 341-345), $130,983,000:
Provided, That of the total amount provided, $20,000,000 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:
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 project or the Automated
Commercial Environment.

[[Page 1138]]
117 STAT. 1138

Office of Inspector General

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $58,664,000, 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--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 et seq.),
$8,106,000.


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), $330,000,000, to remain
available until expended: Provided, That none of the funds appropriated
under this heading may be obligated for the United States Visitor and
Immigrant Status Indicator Technology project until the Committees on
Appropriations of the Senate and the House of Representatives receive
and approve a plan for expenditure prepared by the Secretary of Homeland
Security that: (1) meets the capital planning and investment control
review requirements established by the Office of Management and Budget,
including Circular A-11, part 3; (2) complies with the Department of
Homeland Security 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 Department of Homeland Security and the
Office of Management and Budget; and (5) is reviewed by the General
Accounting Office.

Customs and Border Protection


salaries and expenses


For necessary expenses for enforcement of laws relating to 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; and
contracting with individuals for personal services abroad;
$4,396,350,000; of which $3,000,000 shall be derived from the Harbor
Maintenance Trust Fund 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

[[Page 1139]]
117 STAT. 1139

Public Law 107-296; of which not to exceed $40,000 shall be for official
reception and representation expenses; of which not to exceed
$100,800,000 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 $1,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Under Secretary for Border and
Transportation Security; and 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, $12,725,000 shall be for activities to
enforce laws against forced child labor in fiscal year 2004, of which
not to exceed $4,000,000 shall remain available
until [NOTE: Arizona.] expended: 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.


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 under this
heading may be obligated for the Automated Commercial Environment until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure prepared by
the Under Secretary for Border and Transportation Security that: (1)
meets the capital planning and investment control review requirements
established by the Office of Management and Budget, including 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.

[[Page 1140]]
117 STAT. 1140

construction


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

Immigration and Customs Enforcement


salaries and expenses


(including rescission of funds)


For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and lease
of up to 1,600 (1,450 for replacement only) police-type vehicles;
$2,151,050,000, 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 to exceed $15,000 shall be for official reception and representation
expenses; of which not to exceed $1,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Under Secretary for Border and Transportation
Security; of which not less than $100,000 shall be for promotion of
public awareness of the child pornography tipline; of which not less
than $200,000 shall be for Project Alert; 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 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,
$3,000,000 shall be for activities to enforce laws against forced child
labor in fiscal year 2004, of which not to exceed $1,000,000 shall
remain available until expended.
In addition, of the funds appropriated under this heading in chapter
6 of title I of Public Law 108-11 (
117 Stat. 583), $54,000,000 are
rescinded.


federal air marshals


For necessary expenses of the Federal air marshals, $626,400,000, to
remain available until expended.


federal protective service


(transfer of funds)


For necessary expenses 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 modernization


For expenses of immigration and customs enforcement automated
systems, $40,000,000, to remain available until expended:

[[Page 1141]]
117 STAT. 1141

Provided, That none of the funds appropriated under this heading may be
obligated for Atlas until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Under Secretary for Border and
Transportation Security that: (1) meets the capital planning and
investment control review requirements established by the Office of
Management and Budget, including 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.


air and marine interdiction, operations, maintenance, and procurement


For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, and other related equipment of
the air and marine program, 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 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, $210,200,000, to 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 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,
$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 (Public Law 107-71; 115 Stat.
597), $3,732,700,000, to remain available until expended, of which not
to exceed $3,000 shall be for official reception

[[Page 1142]]
117 STAT. 1142

and representation expenses: Provided, That of the total amount provided
under this heading, not to exceed $1,805,700,000 shall be for passenger
screening activities; not to exceed $1,318,700,000 shall be for baggage
screening activities; and not to exceed $703,300,000 shall be for
airport security direction 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: Provided further, That none of the funds
appropriated or otherwise made available by this or any other Act may be
obligated or expended to carry out provisions of section 44923(h) of
title 49 United States Code: 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 $1,662,700,000: Provided
further, That any security service fees collected pursuant to section
118 of Public Law 107-71 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 under this heading, $250,000,000 shall be
available only for physical modification of commercial service airports
for the purpose of installing checked baggage explosive detection
systems and $150,000,000 shall be available only for procurement of
checked baggage explosive detection systems.


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), $263,000,000, to remain available until September 30, 2005:
Provided, That of the total amount provided under this heading,
$125,000,000 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 $17,000,000 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 (115 Stat. 597), $13,600,000.


research and development


For necessary expenses for research and development related to
transportation security, $155,200,000, 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.

[[Page 1143]]
117 STAT. 1143

administration


For necessary administrative expenses of the Transportation Security
Administration to carry out the Aviation and Transportation Security Act
(115 Stat. 597), $427,200,000, to remain available until September 30,
2005.

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 or lease of not to
exceed twenty-five passenger motor vehicles for replacement only;
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note); section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and
recreation and welfare; $4,713,055,000, of which $340,000,000 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 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
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 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; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $967,200,000, of which $23,500,000 shall be

[[Page 1144]]
117 STAT. 1144

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; of
which $162,500,000 shall be available until September 30, 2006, 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 program; of which $70,000,000 shall
be available for personnel compensation and benefits and related costs;
of which $668,200,000 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 [NOTE: Budget.] Rescue 21: 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, $19,250,000, to remain available until expended: Provided,
That [NOTE: 33 USC 518 note.] in fiscal year 2004 and thereafter,
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.


research, development, test, and evaluation


For necessary expenses for applied scientific research, development,
test, and evaluation, and for maintenance, rehabilitation, lease and
operation of facilities and equipment, as authorized by law;
$15,000,000, 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 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 payments for medical care

[[Page 1145]]
117 STAT. 1145

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; 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; conduct of and participation in firearms matches; presentation of
awards; 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; research
and development; grants to conduct behavioral research in support of
protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protective
functions; $1,137,280,000, of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations; of
which $2,100,000 shall be for forensic and related support of
investigations of missing and exploited children; and of which
$5,000,000 shall be 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 [NOTE: 18 USC 3056 note.] in fiscal year 2004 and thereafter,
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 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.

[[Page 1146]]
117 STAT. 1146

acquisition, construction, improvements, and related expenses


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

TITLE III--PREPAREDNESS AND RECOVERY

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, $3,287,000,000,
which shall be allocated as follows:
(1) $1,700,000,000 for formula-based grants and $500,000,000
for law enforcement terrorism prevention grants pursuant to
section 1014 of the USA PATRIOT Act of 2001 (42 U.S.C. 3714):
Provided, That no funds shall be made available to any State
prior to the submission of an updated State plan to the Office
for [NOTE: Grants. Deadlines.] Domestic Preparedness: Provided
further, That the application for grants shall be made available
to States within 30 days after enactment of this Act; that
States shall submit applications within 30 days after the grant
announcement; and that the Office for Domestic Preparedness
shall act within 15 days after receipt of an application or
receipt of an updated State plan, whichever is later: Provided
further, That each State shall obligate not less than 80 percent
of the total amount of the grant to local governments within 60
days after the grant award; and
(2) $725,000,000 for discretionary grants for use in high-
threat, high-density 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 60 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. 3714(c)(3)) shall not apply to these grants:

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 law enforcement terrorism
prevention grants under paragraph (1) and discretionary grants under
paragraph (2) 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.


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. 2229),
$750,000,000, to remain available until September 30, 2005: Provided,
That not to exceed 5 percent of this amount shall be available for
program administration.

[[Page 1147]]
117 STAT. 1147

Counterterrorism Fund

For necessary expenses, as determined by the Secretary of Homeland
Security, 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, $10,000,000, to remain available until expended: Provided,
That [NOTE: Notification.] the Secretary shall notify the Committees
on Appropriations of the Senate and the House of Representatives 15 days
prior to the obligation of any amount of these funds in accordance with
section 503 of this Act.

Emergency Preparedness and Response


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), $3,450,000.


preparedness, mitigation, response, and recovery


For necessary expenses for preparedness, mitigation, response, and
recovery activities of the Emergency Preparedness and Response
Directorate, $225,000,000, 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 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 (5 U.S.C. App.), and
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That
of the total amount appropriated, $60,000,000 shall be for Urban Search
and Rescue Teams, of which not to exceed 3 percent may be made available
for administrative costs.


administrative and regional operations


For necessary expenses for administrative and regional operations of
the Emergency Preparedness and Response Directorate, $167,000,000,
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 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 (5 U.S.C. App.), and the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses.

[[Page 1148]]
117 STAT. 1148

operating expenses


(rescission of funds)


Of the funds appropriated under this heading by chapter 6 of title I
of Public Law 108-11 (
117 Stat. 583), $3,000,000 are rescinded.


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.


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. 1441A-59 et seq.), 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, 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 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.),
$1,800,000,000, 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 Inspector General'' for audits and
investigations.


disaster assistance direct loan program account


For administrative expenses to carry out the direct loan program, as
authorized by section 319 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5162), $560,000: Provided, That
gross obligations for the principal amount of direct loans shall not
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).

[[Page 1149]]
117 STAT. 1149

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(g) 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 amount 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.

[[Page 1150]]
117 STAT. 1150

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 Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$180,000,000: Provided, That total administrative costs shall not exceed
3 percent of the total appropriation.


emergency food and shelter


To carry out an emergency food and shelter program pursuant to title
III of the Stewart B. McKinney Homeless Assistance Act (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 not to exceed 5 percent may be made
available for administrative costs.

TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

Citizenship and Immigration Services

For necessary expenses for citizenship and immigration services,
including international services, $236,126,000, of which not to exceed
$5,000 shall be for official reception and representation expenses.

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; expenses for student athletic
and related activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and enhancement of
community support of law enforcement training; room and board for
student interns; a flat monthly reimbursement to employees authorized to
use personal cell phones for official duties; and services as authorized
by section 3109 of title 5, United States Code; $155,423,000, of which
up to $36,174,000 for materials and support costs of Federal law
enforcement basic training shall remain available until September 30,
2005; and of which not to exceed $12,000 shall be for official reception
and [NOTE: 6 USC 464a.] representation expenses: 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 [NOTE: 6
USC 464b.] services, for authorized purposes: Provided further, That

[[Page 1151]]
117 STAT. 1151

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 [NOTE: 6 USC 464c.] function: Provided
further, That 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, [NOTE: 6 USC 464d.] 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 (28 U.S.C. 509 note); 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 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, [NOTE: 6 USC 464e.] 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 acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $37,357,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.

Information Analysis and Infrastructure Protection


management and administration


For salaries and expenses of the immediate Office of the Under
Secretary for Information Analysis and Infrastructure Protection and for
management and administration of programs and activities, as authorized
by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$125,000,000.


assessments and evaluations


For expenses for information analysis and infrastructure protection
as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $714,300,000, to remain available until September 30,
2005.

[[Page 1152]]
117 STAT. 1152

Science and Technology


management and administration


For salaries and expenses of the immediate Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by title III of
the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $44,168,000.


research, development, acquisition, and operations


For expenses of science and technology research, including advanced
research projects; development; test and evaluation; acquisition; and
operations, as authorized by title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), $874,000,000, to remain available until
expended.

TITLE V--GENERAL PROVISIONS


(including transfers of funds)


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.
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: Provided, That 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.
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 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, 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

[[Page 1153]]
117 STAT. 1153

10 percent as approved by the Congress; or (3) results from any general
savings from a reduction in personnel that would result in a change in
existing programs, projects, or activities as approved by the Congress;
unless the Committees on Appropriations 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 for the Department of Homeland Security by this
Act or provided by 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 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. 504. Except [NOTE: 6 USC 453a.] 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
for salaries and expenses for fiscal year 2004 in this Act shall remain
available through September 30, 2005, in the account and for the
purposes for which the appropriations were provided: Provided, That
prior to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503 of this Act.

Sec. 505. In fiscal year 2004 and thereafter, unless otherwise
provided, funds may be used for purchase of uniforms without regard to
the general purchase price limitation for the current fiscal year;
purchase of insurance for official motor vehicles operated in foreign
countries; entering into contracts with the Department of State to
furnish health and medical services to employees and their dependents
serving in foreign countries; services authorized by section 3109 of
title 5, United States Code; and 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. 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
(6 U.S.C. 313, 557), 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: Provided, [NOTE: 31 USC 501
note.] That 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 (6 U.S.C. 313, 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

[[Page 1154]]
117 STAT. 1154

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 an Act authorizing
intelligence activities for fiscal year 2004.
Sec. 509. [NOTE: Establishment. 6 USC 464a note.] The Federal Law
Enforcement Training Center shall establish an accrediting body, to
include representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
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 may be used to make a grant
unless the Secretary of Homeland Security notifies the Committees on
Appropriations of the Senate and the House of Representatives 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 for 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. 511. 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 of the Senate and
the House of Representatives, 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. 512. The Director of the Federal Law Enforcement Training
Center shall ensure that all training facilities under the control of
the Center are operated at optimal capacity throughout the fiscal year.
Sec. 513. [NOTE: 19 USC 1498 note.] For fiscal year 2004 and
thereafter, none of the funds appropriated or otherwise made available
to the Department of Homeland Security may be used for the production of
customs declarations that do not inquire whether the passenger had been
in the proximity of livestock.

Sec. 514. [NOTE: 19 USC 1307 note.] For fiscal year 2004 and
thereafter, none of the funds appropriated or otherwise made available
to the Department of Homeland Security 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. 515. [NOTE: 19 USC 1307 note.] For fiscal year 2004 and
thereafter, none of the funds appropriated or otherwise made available
to the Department of Homeland Security may be used to allow--
(1) the importation into the United States of any good,
ware, article, or merchandise mined, produced, or manufactured

[[Page 1155]]
117 STAT. 1155

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. 516. None of the funds appropriated or otherwise made available
by 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. 517. None of the funds appropriated or otherwise made available
by 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. 518. None of the funds in this Act may be used in contravention
of the applicable provisions of the Buy American Act (41 U.S.C. 10a et
seq.).
Sec. 519. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, 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;

[[Page 1156]]
117 STAT. 1156

(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) During the testing phase permitted by paragraph (a) of this
section, no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen aviation
passengers, or delay or deny boarding to such passengers.
(c) [NOTE: Reports. Deadline.] The General Accounting Office shall
submit the report required under paragraph (a) of this section no later
than February 15, 2004.

Sec. 520. [NOTE: Fees. 6 USC 469.] For fiscal year 2004 and
thereafter, the Secretary of Homeland Security shall charge reasonable
fees for providing credentialing and background investigations in the
field of transportation: Provided, That the establishment and collection
of fees shall be subject to the following requirements:
(1) such fees, in the aggregate, shall not exceed the costs
incurred by the Department of Homeland Security associated with
providing the credential or performing the background record
checks;
(2) the Secretary shall charge fees in amounts that are
reasonably related to the costs of providing services in
connection with the activity or item for which the fee is
charged;
(3) a fee may not be collected except to the extent such fee
will be expended to pay for the costs of conducting or obtaining
a criminal history record check and a review of available law
enforcement databases and commercial databases and records of
other governmental and international agencies; reviewing and
adjudicating requests for waiver and appeals of agency decisions
with respect to providing the credential, performing the
background record check, and denying requests for waiver and
appeals; and any other costs related to providing the credential
or performing the background record check; and
(4) any fee collected shall be available for expenditure
only to pay the costs incurred in providing services in
connection with the activity or item for which the fee is
charged and shall remain available until expended.

Sec. 521. [NOTE: Air cargo.] The Secretary of Homeland Security is
directed to research, develop, and procure certified systems to inspect
and screen air cargo on passenger aircraft at the earliest date
possible: Provided, That until such technology is procured and
installed, the Secretary shall take all possible actions to enhance the
known shipper program to prohibit high-risk cargo from being transported
on passenger aircraft.

[[Page 1157]]
117 STAT. 1157

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

Approved October 1, 2003.

LEGISLATIVE HISTORY--H.R. 2555:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 108-169 (Comm. on Appropriations) and 108-280
(Comm. of Conference).
SENATE REPORTS: No. 108-86 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 149 (2003):
June 24, considered and passed House.
July 21-24, considered and passed Senate, amended.
Sept. 24, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Oct. 1, Presidential remarks and statement.