IB 

Union Calendar No. 84

108TH CONGRESS 

1ST SESSION H. R. 2555

[Report No. 108–169] 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2003

Mr. ROGERS of Kentucky, from the Committee on Appropriations, reported 

the following bill; which was committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

A BILL

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2004, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2004, and for other purposes, namely:
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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 DEPARTMENTAL ADMINISTRATION

4 SALARIES ANDEXPENSES

5 For necessary expenses for management and oper6 ations of the Department of Homeland Security 

7 $221,493,000; of which not to exceed $78,975,000 shall 

8 be for the Office of the Secretary and Executive Manage9 ment; of which not to exceed $116,139,000 shall be for 

10 the Office of the Under Secretary for Management; of 

11 which not to exceed $8,106,000 shall be for the Immediate 

12 Office of the Under Secretary for Border and Transpor13 tation Security; of which not to exceed $10,044,000 shall 

14 be for the Immediate Office of the Under Secretary for 

15 Information Analysis and Infrastructure Protection and 

16 the Command Center; of which not to exceed $3,293,000 

17 shall be for the Immediate Office of the Under Secretary 

18 for Emergency Preparedness and Response; and of which 

19 not to exceed $4,936,000 shall be for the Immediate Office 

20 of the Under Secretary for Science and Technology: Pro21 vided, That not to exceed $2,000,000 may be used for un22 foreseen emergencies of a confidential nature, to be allo23 cated and expended under the direction of the Secretary 

24 of Homeland Security: Provided further, That not to ex25 ceed $40,000 shall be for allocation within the Department 
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1 for official reception and representation expenses as the 

2 Secretary may determine.

3 COUNTERTERRORISM FUND

4 For necessary expenses, as determined by the Sec5 retary of Homeland Security, $20,000,000, to remain 

6 available until expended, to reimburse any Federal agency 

7 for the costs of providing support to counter, investigate, 

8 or prosecute unexpected threats or acts of terrorism, in9 cluding payment of rewards in connection with these ac10 tivities: Provided, That the Secretary shall notify the Com11 mittees on Appropriations 15 days prior to the obligation 

12 of any amount of these funds in accordance with section 

13 503 of this Act.

14 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

15 For development and acquisition of information tech16 nology equipment, software, services, and related activities 

17 for the Department of Homeland Security, and for the 

18 costs of conversion to narrowband communications, in19 cluding the cost for operation of the Land Mobile Radio 

20 legacy systems, $206,000,000, to remain available until 

21 expended: Provided, That none of the funds appropriated 

22 shall be used to support or supplement the appropriations 

23 provided for the United States Visitor and Immigrant Sta24 tus Indicator Technology system and the Automated Com25 mercial Environment.
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1 OFFICE OF THE INSPECTOR GENERAL

2 SALARIES ANDEXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for the Office of the Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978 (5 U.S.C. App.), $58,118,000; of 

7 which not to exceed $1,000,000 may be used for unfore8 seen emergencies of a confidential nature, to be allocated 

9 under the direction of the Inspector General of the De10 partment of Homeland Security: Provided, That in addi11 tion, $22,000,000 shall be derived by transfer from the 

12 Emergency Preparedness and Response Disaster Relief 

13 Fund.

14 TITLE II—BORDER AND TRANSPORTATION 

15 SECURITY 

16 CUSTOMS AND BORDER PROTECTION 

17 BUREAU OF CUSTOMS AND BORDER PROTECTION

18 SALARIES ANDEXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Bureau of Customs 

21 and Border Protection for enforcement of laws relating to 

22 border security, immigration, customs, and agricultural 

23 inspections and regulatory activities related to plant and 

24 animal imports, including planning, construction, and nec25 essary related activities of buildings and facilities, 

26 $4,584,600,000; of which not to exceed $25,000 shall be 
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1 for official reception and representation expenses; of which 

2 not to exceed $129,000,000 to remain available until Sep3 tember 30, 2005, shall be for inspection technology; of 

4 which such sums as become available in the Customs User 

5 Fee Account, except sums subject to section 13021(f)(3) 

6 of the Consolidated Omnibus Budget Reconciliation Act 

7 of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that 

8 account; and of which not to exceed $5,000,000 shall be 

9 for payments or advances arising out of contractual or re10 imbursable agreements with State and local law enforce11 ment agencies while engaged in cooperative activities re12 lated to immigration: Provided, That none of the funds 

13 available to the Directorate of Border and Transportation 

14 Security may be used to pay any employee overtime pay 

15 in an amount in excess of $30,000 during the calendar 

16 year beginning January 1, 2004, except that the Commis17 sioner of Customs and Border Protection may exceed such 

18 limitation as necessary for national security purposes and 

19 in cases of immigration emergencies: Provided further, 

20 That uniforms may be purchased without regard to the 

21 general purchase price limitation for the current fiscal 

22 year: Provided further, That no funds shall be available 

23 for the site acquisition, design, or construction of any Bor24 der Patrol checkpoint in the Tucson sector: Provided fur25 ther, That the Border Patrol shall relocate its checkpoints 
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1 in the Tucson sector at least once every 7 days in a man2 ner designed to prevent persons subject to inspection from 

3 predicting the location of any such checkpoint. 

4 In addition, for administrative expenses related to the 

5 collection of the Harbor Maintenance Fee, pursuant to 

6 Public Law 103–182, and notwithstanding section 

7 1511(e)(1) of Public Law 107–296, $3,000,000 to be de8 rived from the Harbor Maintenance Trust Fund and to 

9 be transferred to and merged with this account.

10 AUTOMATION MODERNIZATION

11 For expenses not otherwise provided for Bureau of 

12 Customs and Border Protection automated systems, 

13 $493,727,000, to remain available until expended, of 

14 which not less than $318,690,000 shall be for the develop15 ment of the Automated Commercial Environment: Pro16 vided, That none of the funds appropriated under this 

17 heading may be obligated for the Automated Commercial 

18 Environment until the Bureau of Customs and Border 

19 Protection prepares and submits to the Committees on 

20 Appropriations a plan for expenditure that (1) meets the 

21 capital planning and investment control review require22 ments established by the Office of Management and Budg23 et, including OMB Circular A–11, part 3; (2) complies 

24 with the Bureau of Customs and Border Protection’s En25 terprise Information Systems Architecture; (3) complies 
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1 with the acquisition rules, requirements, guidelines, and 

2 systems acquisition management practices of the Federal 

3 Government; (4) is reviewed and approved by the Bureau 

4 of Customs and Border Protection Investment Review 

5 Board, the Department of Homeland Security, and the Of6 fice of Management and Budget; and (5) is reviewed by 

7 the General Accounting Office: Provided further, That 

8 none of the funds appropriated under this heading may 

9 be obligated for the Automated Commercial Environment 

10 until such expenditure plan has been approved by the 

11 Committees on Appropriations.

12 IMMIGRATION AND CUSTOMS ENFORCEMENT 

13 BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT

14 SALARIES ANDEXPENSES

15 For necessary expenses of the Bureau of Immigration 

16 and Customs Enforcement for enforcement of immigration 

17 and customs laws, detention and removals, investigations, 

18 including planning, construction, and necessary related ac19 tivities of buildings and facilities, $2,030,000,000; of 

20 which not to exceed $5,000,000, to remain available until 

21 expended, shall be for conducting special operations pursu22 ant to Public Law 99–570 (19 U.S.C. 2081); of which 

23 not to exceed $15,000 shall be for official reception and 

24 representation expenses; of which not less than $100,000 

25 shall be for promotion of public awareness of the child por-
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1 nography tipline; and of which not less than $200,000 

2 shall be for Project Alert: Provided, That none of the 

3 funds available to the Bureau of Immigration and Cus4 toms Enforcement may be used to pay any employee over5 time pay in an amount in excess of $30,000 during the 

6 calendar year beginning January 1, 2004, except that the 

7 Assistant Secretary of the Bureau of Immigration and 

8 Customs Enforcement may exceed such limitation as nec9 essary for national security purposes and in cases of immi10 gration emergencies: Provided further, That of the total 

11 amount of funds made available for activities to enforce 

12 laws against forced child labor in fiscal year 2004, not 

13 to exceed $5,000,000 shall remain available until expended 

14 for support of such activities: Provided further, That uni15 forms may be purchased without regard to the general 

16 purchase price limitation for the current fiscal year.

17 FEDERAL PROTECTIVE SERVICE

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses, not otherwise provided for, necessary 

20 for the operations of the Federal Protective Service, 

21 $424,211,000 shall be transferred from the revenues and 

22 collections in the General Services Administration, Federal 

23 Buildings Fund.
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1 AUTOMATION AND INFRASTRUCTURE MODERNIZATION

2 For expenses not otherwise provided for Bureau of 

3 Immigration and Customs Enforcement automated sys4 tems, $367,605,000, to remain available until expended, 

5 of which not less than $350,000,000 shall be for the devel6 opment of the United States Visitor and Immigrant Sta7 tus Indicator Technology system (US VISIT): Provided, 

8 That none of the funds appropriated under this heading 

9 may be obligated for US VISIT until the Bureau of Immi10 gration and Customs Enforcement prepares and submits 

11 to the Committees on Appropriations a plan for expendi12 ture that (1) meets the capital planning and investment 

13 control review requirements established by the Office of 

14 Management and Budget, including OMB Circular A–11, 

15 part 3; (2) complies with the Bureau of Immigration and 

16 Customs Enforcement Enterprise Information Systems 

17 Architecture; (3) complies with the acquisition rules, re18 quirements, guidelines, and systems acquisition manage19 ment practices of the Federal Government; (4) is reviewed 

20 and approved by the Bureau of Immigration and Customs 

21 Enforcement Investment Review Board, the Department 

22 of Homeland Security, and the Office of Management and 

23 Budget; and (5) is reviewed by the General Accounting 

24 Office: Provided further, That none of the funds appro25 priated under this heading may be obligated for US VISIT 
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1 until such expenditure plan has been approved by the 

2 Committees on Appropriations.

3 AIR AND MARINE INTERDICTION

4 For expenses, not otherwise provided for, necessary 

5 for the operation, maintenance and procurement of marine 

6 vessels, aircraft, and other related equipment of the Office 

7 of Air and Marine Interdiction of the Bureau of Immigra8 tion and Customs Enforcement, including operational 

9 training and mission-related travel, and rental payments 

10 for facilities occupied by the air or marine interdiction and 

11 demand reduction programs, the operations of which in12 clude the following: conducting homeland security oper13 ations; interdiction of narcotics and other illegal sub14 stances or items; the provision of support to Department 

15 of Homeland Security and other Federal, State, and local 

16 agencies in the enforcement or administration of laws en17 forced by the Bureau of Immigration and Customs En18 forcement; and, at the discretion of the Under Secretary 

19 for Border and Transportation Security, the provision of 

20 assistance to Federal, State, and local agencies in other 

21 law enforcement and emergency humanitarian efforts, 

22 $175,000,000, which shall remain available until ex23 pended: Provided, That no aircraft or other related equip24 ment, with the exception of aircraft that are one of a kind 

25 and have been identified as excess to Bureau of ImmigraVerDate Jan 31 2003 23:23 Jun 23, 2003 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2555.RH H2555
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1 tion and Customs Enforcement requirements and aircraft 

2 that have been damaged beyond repair, shall be trans3 ferred to any other Federal agency, department, or office 

4 outside of the Department of Homeland Security, during 

5 fiscal year 2004 without the prior approval of the Commit6 tees on Appropriations.

7 TRANSPORTATION SECURITY ADMINISTRATION 

8 AVIATION SECURITY

9 For necessary expenses of the Transportation Secu10 rity Administration related to providing civil aviation secu11 rity services pursuant to Public Law 107–71, 

12 $3,679,200,000, to remain available until expended, of 

13 which not to exceed $3,000 shall be for official reception 

14 and representation expenses: Provided, That of such total 

15 amount, not to exceed $1,672,700,000 shall be for pas16 senger screening activities; not to exceed $1,284,800,000 

17 shall be for baggage screening activities; and not to exceed 

18 $721,700,000 shall be for airport support and enforce19 ment presence: Provided further, That security service fees 

20 authorized under section 44940 of title 49, United States 

21 Code, shall be credited to this appropriation as offsetting 

22 collections and used for providing civil aviation security 

23 services authorized by that section: Provided further, That 

24 the sum herein appropriated from the General Fund shall 

25 be reduced on a dollar-for-dollar basis as such offsetting 

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1 collections are received during fiscal year 2004, so as to 

2 result in a final fiscal year appropriation from the General 

3 Fund estimated at not more than $1,609,200,000: Pro4 vided further, That any security service fees collected in 

5 excess of the amount appropriated under this heading 

6 shall be treated as offsetting collections in fiscal year 

7 2005: Provided further, That none of the funds in this Act 

8 shall be used to recruit or hire personnel into the Trans9 portation Security Administration which would cause the 

10 agency to exceed a staffing level of 45,000 full-time equiv11 alent screeners: Provided further, That of the total amount 

12 provided herein, $235,000,000 shall be available only for 

13 physical modification of commercial service airports for 

14 the purpose of installing checked baggage explosive detec15 tion systems and $100,000,000 shall be available only for 

16 procurement of checked baggage explosive detection sys17 tems. 

18 FEDERAL AIR MARSHALS

19 For necessary expenses of the Federal air marshals, 

20 $634,600,000, to remain available until expended. 

21 MARITIME AND LAND SECURITY

22 For necessary expenses of the Transportation Secu23 rity Administration related to maritime and land transpor24 tation security grants and services pursuant to Public Law 

25 107–71, $231,700,000, to remain available until exVerDate Jan 31 2003 23:23 Jun 23, 2003 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2555.RH H2555
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1 pended: Provided, That of such amount, $100,000,000 

2 shall be available only to make port security grants, which 

3 shall be distributed under the same terms and conditions 

4 as provided for under Public Law 107–117. 

5 INTELLIGENCE

6 For necessary expenses of the Transportation Secu7 rity Administration related to transportation security in8 telligence activities, $13,700,000, to remain available until 

9 expended.

10 RESEARCH AND DEVELOPMENT

11 For necessary expenses of the Transportation Secu12 rity Administration for research and development related 

13 to transportation security, $125,700,000, to remain avail14 able until expended.

15 ADMINISTRATION

16 For necessary expenses of the Transportation Secu17 rity Administration for administrative activities, including 

18 headquarters and field support, training, and information 

19 technology, $487,100,000, to remain available until Sep20 tember 30, 2005.

21 FEDERAL LAW ENFORCEMENT TRAINING 

22 CENTER 

23 SALARIES AND EXPENSES

24 For the necessary expenses of the Federal Law En25 forcement Training Center, $136,629,000, of which 

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1 $26,635,000 shall be for material and support costs of 

2 Federal law enforcement basic training and shall remain 

3 available until September 30, 2006, and of which not to 

4 exceed $12,000 shall be for official reception and represen5 tation expenses: Provided, That notwithstanding any other 

6 provision of law, the Center is authorized to expend appro7 priations for the purchase of police-type pursuit vehicles 

8 without regard to the general purchase price limitation; 

9 student athletic and related recreational activities; con10 ducting and participating in firearms matches and the 

11 presentation of awards for such matches; public awareness 

12 and enhancing community support of law enforcement 

13 training, including the advertisement and marketing of 

14 available law enforcement training programs; room and 

15 board for student interns; short-term medical services for 

16 students undergoing training at Center training facilities; 

17 travel expenses of non-Federal personnel attending course 

18 development meetings; services authorized by section 3109 

19 of title 5, United States Code; support of Federal law en20 forcement accreditation; and a flat monthly reimburse21 ment to employees authorized to use personal cell phones 

22 for official duties: Provided further, That (1) funds appro23 priated to this account may be used at the discretion of 

24 the Center’s Director to train United States Postal Service 

25 law enforcement personnel, State and local law enforceVerDate Jan 31 2003 23:23 Jun 23, 2003 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2555.RH H2555
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1 ment personnel, foreign law enforcement personnel, and 

2 private security personnel; (2) with the exception of pri3 vate security personnel, the Center’s Director is author4 ized to fully fund the cost of this training, including the 

5 cost of non-Federal travel, or to seek full or partial reim6 bursement for this training; and (3) such reimbursements 

7 shall be deposited in this appropriation: Provided further, 

8 That the Center is authorized to obligate funds in antici9 pation of reimbursements from agencies receiving training 

10 at the Center, except that total obligations at the end of 

11 the fiscal year shall not exceed total budgetary resources 

12 available at the end of the fiscal year: Provided further, 

13 That the Center is authorized to accept and use gifts of 

14 property, real and personnel, and to accept services, for 

15 authorized purposes: Provided further, That the Center is 

16 authorized to harvest timber and use the proceeds from 

17 timber sales to supplement the Center’s forest manage18 ment and environmental programs: Provided further, That 

19 notwithstanding any other provision of law, students at20 tending training at any Center site shall reside in on-cen21 ter or center-provided housing, to the extent available and 

22 in accordance with Center policy.

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1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For expansion of the Federal Law Enforcement 

4 Training Center, for acquisition of necessary additional 

5 real property and facilities, and for ongoing maintenance, 

6 facility improvements, and related expenses, $32,323,000, 

7 to remain available until expended: Provided, That the 

8 Federal Law Enforcement Training Center is authorized 

9 to accept reimbursement to this appropriation from gov10 ernment agencies requesting the construction of special 

11 use facilities on training centers operated by the Federal 

12 Law Enforcement Training Center: Provided further, That 

13 notwithstanding any other provision of law, all facilities 

14 shall remain under the control of the Federal Law En15 forcement Training Center, which shall be responsible for 

16 scheduling, use, maintenance, and support.

17 OFFICE FOR DOMESTIC PREPAREDNESS 

18 DOMESTIC PREPAREDNESS

19 For grants, contracts, cooperative agreements, and 

20 other activities of the Office for Domestic Preparedness, 

21 as authorized by the Homeland Security Act of 2002 

22 (Public Law 107–296) and the USA PATRIOT Act of 

23 2001 (Public Law 107–56), $3,503,000,000, to remain 

24 available until expended: Provided, That of the amount 

25 provided under this heading—

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1 (1) $1,900,000,000 shall be for basic formula 

2 grants; 

3 (2) $500,000,000 shall be for grants to State 

4 and local law enforcement for terrorism prevention 

5 activities; 

6 (3) $200,000,000 shall be for critical infra7 structure grants; 

8 (4) $500,000,000 shall be for discretionary 

9 grants for use in high-density urban areas and high10 threat areas; and 

11 (5) $35,000,000 shall be for grants for Centers 

12 for Emergency Preparedness: 

13 Provided further, That the application for grants appro14 priated in subsections (1), (2), and (3) under this heading 

15 shall be made available to States within 30 days of enact16 ment of this Act; States shall submit applications within 

17 30 days of the grant announcement; and the Office for 

18 Domestic Preparedness shall act on each application with19 in 15 days of receipt: Provided further, That 80 percent 

20 of the funds appropriated in subsections (1), (2), (3), and 

21 (4) under this heading to any State shall be allocated by 

22 the State to units of local governments and shall be dis23 tributed by the State within 60 days of the receipt of 

24 funds: Provided further, That section 1014(c)(3) of Public 

25 Law 107–56 shall not apply to funds appropriated in subVerDate Jan 31 2003 23:23 Jun 23, 2003 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2555.RH H2555
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1 sections (4) and (5) under this heading: Provided further, 

2 That none of the funds appropriated under this heading 

3 shall be used for construction or renovation of facilities: 

4 Provided further, That funds appropriated in subsections 

5 (3) and (4) under this heading shall be available for oper6 ational costs, including personnel overtime as needed.

7 TITLE III—EMERGENCY PREPAREDNESS AND 

8 RESPONSE 

9 ADMINISTRATIVE AND REGIONAL OPERATIONS

10 For necessary expenses for administrative and re11 gional operations of the Emergency Preparedness and Re12 sponse Directorate, $168,589,000, including activities au13 thorized by the National Flood Insurance Act of 1968 (42 

14 U.S.C. 4001 et seq.), the Flood Disaster Protection Act 

15 of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 

16 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

17 5121 et seq.), the Earthquake Hazards Reduction Act of 

18 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Preven19 tion and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

20 the Defense Production Act of 1950 (50 U.S.C. App. 2061 

21 et seq.), sections 107 and 303 of the National Security 

22 Act of 1947 (50 U.S.C. 404–405), Reorganization Plan 

23 No. 3 of 1978, and the Homeland Security Act of 2002; 

24 of which not to exceed $3,000 shall be for official reception 

25 and representation expenses.

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1 PREPAREDNESS, MITIGATION, RESPONSE, AND

2 RECOVERY

3 For necessary expenses for preparedness, mitigation, 

4 response, and recovery activities of the Emergency Pre5 paredness and Response Directorate, $363,339,000, in6 cluding activities authorized by the National Flood Insur7 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Dis8 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

9 the Robert T. Stafford Disaster Relief and Emergency As10 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake 

11 Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 

12 the Federal Fire Prevention and Control Act of 1974 (15 

13 U.S.C. 2201 et seq.), the Defense Production Act of 1950 

14 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of 

15 the National Security Act of 1947 (50 U.S.C. 404–405), 

16 Reorganization Plan No. 3 of 1978, and the Homeland 

17 Security Act of 2002; of which $25,000,000 shall be for 

18 emergency operations centers grants: Provided, That the 

19 aggregate charges assessed during fiscal year 2004, as au20 thorized by Public Law 106–377, shall not be less than 

21 100 percent of the amounts anticipated by the Depart22 ment of Homeland Security necessary for its radiological 

23 emergency preparedness program for the next fiscal year: 

24 Provided further, That the methodology for assessment 

25 and collection of fees shall be fair and equitable, and shall 

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1 reflect costs of providing such services, including adminis2 trative costs of collecting such fees: Provided further, That 

3 fees received pursuant to this section shall be deposited 

4 in this account as offsetting collections, shall become avail5 able for authorized purposes on October 1, 2004, and shall 

6 remain available until expended.

7 PUBLIC HEALTH PROGRAMS

8 For necessary expenses for countering potential bio9 logical, disease, and chemical threats to civilian popu10 lations, $484,000,000, including $400,000,000, to remain 

11 available until expended, for the Strategic National Stock12 pile.

13 BIODEFENSE COUNTERMEASURES

14 For necessary expenses for securing medical counter15 measures against biological terror attacks, 

16 $5,593,000,000, to remain available until September 30, 

17 2013: Provided, That not to exceed $3,418,000,000 may 

18 be obligated during fiscal years 2004 through 2008, of 

19 which not to exceed $890,000,000 may be obligated dur20 ing fiscal year 2004.

21 GRANT PROGRAMS

22 For activities designed to reduce the risk of flood 

23 damage to structures pursuant to the National Flood In24 surance Act of 1968 (42 U.S.C. 4001 et seq.), notwith25 standing sections 1366(b)(3) (B)–(C) and 1366(f) of such 

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1 Act, and for a pre-disaster mitigation grant program pur2 suant to title II of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5131 et seq.), 

4 $200,000,000, to remain available until expended, of 

5 which $20,000,000 shall be derived from the National 

6 Flood Insurance Fund, and shall remain available until 

7 September 30, 2005: Provided, That grants made for pre8 disaster mitigation shall be awarded on a competitive basis 

9 subject to the criteria in section 203(g) of such title II 

10 (42 U.S.C. 5133(g)): Provided further, That notwith11 standing section 203(f) of such title II (42 U.S.C. 

12 5133(f)), grant awards shall be made without reference 

13 to State allocations, quotas, or other formula-based alloca14 tion of funds.

15 EMERGENCY FOODAND SHELTER

16 To carry out an emergency food and shelter program 

17 pursuant to title III of Public Law 100–77 (42 U.S.C. 

18 11331 et seq.), $153,000,000, to remain available until 

19 expended: Provided, That total administrative costs shall 

not exceed 31 20 ⁄2 percent of the total appropriation.

21 FIREFIGHTER ASSISTANCE GRANTS

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses, not otherwise provided for, 

24 for programs as authorized by section 33 of the Federal 

25 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

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1 et seq.), $750,000,000 to remain available through Sep2 tember 30, 2005: Provided, That up to 5 percent of this 

3 amount shall be transferred to ‘‘Preparedness, Mitigation, 

4 Response, and Recovery’’ for program administration.

5 DISASTER RELIEF

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses in carrying out the Robert 

8 T. Stafford Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5121 et seq.), $1,800,000,000 and, notwith10 standing 42 U.S.C. 5203, to remain available until ex11 pended, of which not to exceed $22,000,000 may be trans12 ferred to the Office of Inspector General for audits and 

13 investigations.

14 FLOOD MAP MODERNIZATION FUND

15 For necessary expenses pursuant to section 1360 of 

16 the National Flood Insurance Act of 1968, $200,000,000, 

17 and such additional sums as may be provided by State 

18 and local governments or other political subdivisions for 

19 cost-shared mapping activities under section 1360(f)(2) of 

20 such Act; to remain available until expended.

21 NATIONAL FLOOD INSURANCE FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For activities under the National Flood Insurance 

24 Act of 1968, and the Flood Disaster Protection Act of 

25 1973, not to exceed $32,761,000 for salaries and expenses 

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1 associated with flood mitigation and flood insurance oper2 ations, and not to exceed $77,809,000 for flood mitigation, 

3 to remain available until September 30, 2005, including 

4 up to $20,000,000 for expenses under section 1366 of 

5 such Act of 1968, which amount shall be available for 

6 transfer to Grant Programs until September 30, 2005, 

7 and which amounts shall be derived from offsetting collec8 tions assessed and collected pursuant to 42 U.S.C. 4014, 

9 and shall be retained and used for necessary expenses 

10 under this heading: Provided, That no funds, in excess of 

11 $55,000,000 for operating expenses; $565,897,000 for 

12 agents’ commissions and taxes; and $40,000,000 for inter13 est on Treasury borrowings, shall be available from the 

14 National Flood Insurance Fund without prior notice to the 

15 Committees on Appropriations.

16 DISASTER ASSISTANCE DIRECT LOAN PROGRAM

17 ACCOUNT

18 For direct loans, as authorized by section 319 of the 

19 Robert T. Stafford Disaster Relief and Emergency Assist20 ance Act: Provided, That these funds are available to sub21 sidize gross obligations for the principal amount of direct 

22 loans not to exceed $25,000,000: Provided further, That 

23 the cost of modifying such loans shall be as defined in 

24 section 502 of the Congressional Budget Act of 1974. In 

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1 addition, for administrative expenses to carry out the di2 rect loan program, $558,000.

3 TITLE IV—OTHER DEPARTMENTAL ACTIVITIES 

4 CITIZENSHIP AND IMMIGRATION SERVICES 

5 OPERATING EXPENSES

6 For necessary expenses for citizenship and immigra7 tion services, including international services, 

8 $248,500,000.

9 UNITED STATES COAST GUARD

10 OPERATING EXPENSES

11 For necessary expenses for the operation and mainte12 nance of the Coast Guard, not otherwise provided for; pay13 ments pursuant to section 156 of Public Law 97–377 (42 

14 U.S.C. 402 note); and recreation and welfare; 

15 $4,703,530,000, of which $1,300,000,000 shall be for de16 fense-related activities; of which $25,000,000 shall be de17 rived from the Oil Spill Liability Trust Fund; and of which 

18 not to exceed $3,000 shall be for official reception and 

19 representation expenses: Provided, That none of the funds 

20 appropriated in this or any other Act shall be available 

21 for pay of administrative expenses in connection with ship22 ping commissioners in the United States: Provided further, 

23 That none of the funds provided in this Act shall be avail24 able for expenses incurred for yacht documentation under 

25 section 12109 of title 46, United States Code, except to 

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1 the extent fees are collected from yacht owners and cred2 ited to this appropriation.

3 ENVIRONMENTAL COMPLIANCE AND RESTORATION

4 For necessary expenses to carry out the Coast 

5 Guard’s environmental compliance and restoration func6 tions under chapter 19 of title 14, United States Code, 

7 $17,000,000, to remain available until expended.

8 RESERVE TRAINING

9 For all necessary expenses of the Coast Guard Re10 serve, as authorized by law; maintenance and operation 

11 of facilities; and supplies, equipment, and services; 

12 $94,051,000.

13 ACQUISITIONS, CONSTRUCTION, AND IMPROVEMENTS

14 For necessary expenses of acquisition, construction, 

15 renovation, and improvement of aids to navigation, shore 

16 facilities, vessels, and aircraft, including equipment related 

17 thereto, $805,000,000, of which $23,500,000 shall be de18 rived from the Oil Spill Liability Trust Fund; of which 

19 $66,500,000 shall be available until September 30, 2008 

20 to acquire, repair, renovate, or improve vessels, small 

21 boats, and related equipment; $138,500,000 shall be avail22 able until September 30, 2006 for other equipment; 

23 $70,000,000 shall be available until September 30, 2005 

24 for personnel compensation and benefits and related costs; 

25 and $530,000,000 shall be available until September 30, 

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1 2008 for the Integrated Deepwater Systems program: Pro2 vided, That the Commandant of the Coast Guard is au3 thorized to dispose of surplus real property, by sale or 

4 lease, and the proceeds shall be credited to this appropria5 tion as offsetting collections and shall be available until 

6 September 30, 2006 only for Rescue 21 (the National Dis7 tress and Response System Modernization program): Pro8 vided further, That upon initial submission to the Con9 gress of the fiscal year 2005 President’s budget, the Sec10 retary of Homeland Security shall transmit to the Con11 gress a comprehensive capital investment plan for the 

12 United States Coast Guard that includes funding for each 

13 budget line item for fiscal years 2005 through 2009, with 

14 total funding for each year of the plan constrained to the 

15 funding targets for those years as estimated and approved 

16 by the Office of Management and Budget.

17 ALTERATION OF BRIDGES

18 For necessary expenses for alteration or removal of 

19 obstructive bridges, $19,500,000, to remain available until 

20 expended.

21 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

22 For necessary expenses, not otherwise provided for, 

23 for applied scientific research, development, test, and eval24 uation; and maintenance, rehabilitation, lease and oper25 ation of facilities and equipment, as authorized by law; 

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1 $22,000,000, to remain available until expended, of which 

2 $3,500,000 shall be derived from the Oil Spill Liability 

3 Trust Fund: Provided, That there may be credited to and 

4 used for the purposes of this appropriation funds received 

5 from State and local governments, other public authori6 ties, private sources, and foreign countries, for expenses 

7 incurred for research, development, testing, and evalua8 tion.

9 RETIRED PAY

10 For retired pay, including the payment of obligations 

11 therefor otherwise chargeable to lapsed appropriations for 

12 this purpose, payments under the Retired Serviceman’s 

13 Family Protection and Survivor Benefits Plans, payment 

14 for career status bonuses under the National Defense Au15 thorization Act, and for payments for medical care of re16 tired personnel and their dependents under the Depend17 ents Medical Care Act (10 U.S.C. ch. 55), 

18 $1,020,000,000.

19 INFORMATION ANALYSIS AND 

20 INFRASTRUCTURE PROTECTION

21 OPERATING EXPENSES

22 For necessary expenses of the Directorate of Infor23 mation Analysis and Infrastructure Protection of the De24 partment of Homeland Security as authorized by law, 

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1 $776,000,000, to remain available until September 30, 

2 2005.

3 SCIENCE AND TECHNOLOGY

4 RESEARCH, DEVELOPMENT, ACQUISITION, AND

5 OPERATIONS

6 For necessary expenses of activities of the Depart7 ment of Homeland Security in carrying out the purposes 

8 of title III of the Homeland Security Act of 2002 (Public 

9 Law 107–296), for basic and applied research, develop10 ment, test and evaluation, construction, procurement, pro11 duction, modification and modernization of systems, sub12 systems, spare parts, accessories, training devices, oper13 ation of the Science and Technology Directorate and its 

14 organizations and activities, including the Homeland Se15 curity Advanced Research Projects Agency, for coopera16 tive programs with States and local governments to enable 

17 the detection, destruction, disposal, or mitigation of the 

18 effects of weapons of mass destruction and other terrorist 

19 weapons, and for the construction, maintenance, rehabili20 tation, lease, and operation of buildings and other facili21 ties, and equipment, necessary for the activities of the Di22 rectorate, $900,360,000, to remain available until Sep23 tember 30, 2006.

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1 UNITED STATES SECRET SERVICE 

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Secret 

4 Service, $1,148,700,000, including purchase of American5 made side-car compatible motorcycles; hire of aircraft; 

6 services of expert witnesses at such rates as may be deter7 mined by the Director; rental of buildings in the District 

8 of Columbia, and fencing, lighting, guard booths, and 

9 other facilities on private or other property not in Govern10 ment ownership or control, as may be necessary to per11 form protective functions; for payment of per diem and 

12 subsistence allowances to employees where a protective as13 signment during the actual day or days of the visit of a 

14 protectee require an employee to work 16 hours per day 

15 or to remain overnight at his or her post of duty; the con16 ducting of and participating in firearms matches; presen17 tation of awards; for travel of Secret Service employees 

18 on protective missions without regard to the limitation on 

19 such expenditures in this or any other Act; for research 

20 and development; for making grants to conduct behavioral 

21 research in support of protective research and operations; 

22 not to exceed $25,000 for official reception and represen23 tation expenses; not to exceed $100,000 to provide tech24 nical assistance and equipment to foreign law enforcement 

25 organizations in counterfeit investigations; for payment in 

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1 advance for commercial accommodations as may be nec2 essary to perform protective functions; and for uniforms 

3 without regard to the general purchase limitation for the 

4 current fiscal year: Provided, That $1,633,000 shall be 

5 available for forensic and related support of investigations 

6 of missing and exploited children: Provided further, That 

7 $4,783,000 shall be available as a grant for activities re8 lated to the investigations of exploited children and shall 

9 remain available until expended: Provided further, That up 

10 to $18,000,000 for protective travel shall remain available 

11 until September 30, 2005: Provided further, That subject 

12 to the reimbursement of actual costs to this account, funds 

13 appropriated in this account shall be available, at the dis14 cretion of the Director, for the following: training United 

15 States Postal Service law enforcement personnel and Post16 al police officers, training Federal law enforcement offi17 cers, training State and local government law enforcement 

18 officers on a space-available basis, and training private 

19 sector security officials on a space-available basis: Pro20 vided further, That the United States Secret Service is au21 thorized to obligate funds in anticipation of reimburse22 ments from agencies and entities, as defined in section 

23 105 of title 5, United States Code, receiving training spon24 sored by the James J. Rowley Training Center, except 

25 that total obligations at the end of the fiscal year shall 

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1 not exceed total budgetary resources available under this 

2 heading at the end of the fiscal year: Provided further, 

3 That the James J. Rowley Training Center is authorized 

4 to provide short-term medical services for students under5 going training at the Center.

6 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

7 RELATED EXPENSES

8 For necessary expenses of construction, repair, alter9 ation, and improvement of facilities, $3,579,000, to re10 main available until expended.

11 TITLE V—GENERAL PROVISIONS 

12 SEC. 501. No part of any appropriation contained in 

13 this Act shall remain available for obligation beyond the 

14 current fiscal year unless expressly so provided herein. 

15 (TRANSFERS OF UNEXPENDED BALANCES)

16 SEC. 502. Subject to the requirements of section 503 

17 of this Act, the unexpended balances of prior appropria18 tions provided for activities in this Act may be transferred 

19 to appropriation accounts for such activities established 

20 pursuant to this Act. Balances so transferred may be 

21 merged with funds in the applicable established accounts 

22 and thereafter may be accounted for as one fund for the 

23 same time period as originally enacted. 

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 503. (a) None of the funds provided by this Act, 

26 provided by previous appropriation Acts to the agencies 

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1 in or transferred to the Department of Homeland Security 

2 that remain available for obligation or expenditure in fiscal 

3 year 2004, or provided from any accounts in the Treasury 

4 of the United States derived by the collection of fees avail5 able to the agencies funded by this Act, shall be available 

6 for obligation or expenditure through a reprogramming of 

7 funds that: (1) creates a new program; (2) eliminates a 

8 program, project, or activity; (3) increases funds for any 

9 program, project, or activity for which funds have been 

10 denied or restricted by the Congress; or (4) proposes to 

11 use funds directed for a specific activity by either the 

12 House or Senate Committees on Appropriations for a dif13 ferent purpose, unless both Committees on Appropriations 

14 are notified 15 days in advance of such reprogramming 

15 of funds. 

16 (b) None of the funds provided by this Act, provided 

17 by previous appropriation Acts to the agencies in or trans18 ferred to the Department of Homeland Security that re19 main available for obligation or expenditure in fiscal year 

20 2004, or provided from any accounts in the Treasury of 

21 the United States derived by the collection of fees available 

22 to the agencies funded by this Act, shall be available for 

23 obligation or expenditure for programs, projects, or activi24 ties through a reprogramming of funds in excess of 

25 $5,000,000 or 10 percent, whichever is less, that (1) augVerDate Jan 31 2003 23:23 Jun 23, 2003 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2555.RH H2555
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1 ments existing programs, projects, or activities; (2) re2 duces by 10 percent funding for any existing program, 

3 project, or activity, or numbers of personnel by 10 percent 

4 as approved by the Congress; or (3) results from any gen5 eral savings from a reduction in personnel that would re6 sult in a change in existing programs, projects, or activi7 ties, as approved by the Congress; unless the Committees 

8 on Appropriations are notified 15 days in advance of such 

9 reprogramming of funds. 

10 (c) Not to exceed 5 percent of any appropriation 

11 made available for the current fiscal year for the Depart12 ment of Homeland Security in this Act or provided in pre13 vious appropriation Acts may be transferred between such 

14 appropriations, but no such appropriation, except as oth15 erwise specifically provided, shall be increased by more 

16 than 10 percent by such transfers: Provided, That any 

17 transfer pursuant to this section shall be treated as a re18 programming of funds and shall not be available for obli19 gation unless the Committees on Appropriations are noti20 fied 15 days in advance of such transfer. 

21 SEC. 504. Except as otherwise specifically provided 

22 by law, not to exceed 50 percent of unobligated balances 

23 remaining available at the end of fiscal year 2004 from 

24 appropriations made available for salaries and expenses 

25 for fiscal year 2004 in this Act, shall remain available 

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1 through September 30, 2005, for each such account for 

2 the purposes authorized: Provided, That a request shall 

3 be submitted to the Committees on Appropriations for ap4 proval prior to the expenditure of such funds: Provided 

5 further, That these requests shall be made in compliance 

6 with reprogramming guidelines.

7 SEC. 505. Except as otherwise provided in this Act, 

8 funds may be used for hire and purchase of motor vehicles 

9 as authorized by section 1343 of title 31, United States 

10 Code: Provided, That purchase for police-type use of pas11 senger vehicles may be made without regard to the general 

12 purchase price limitation for the current fiscal year.

13 SEC. 506. The Federal Emergency Management 

14 Agency ‘‘Working Capital Fund’’ shall be available to the 

15 Department of Homeland Security, as authorized by sec16 tions 503 and 1517 of the Homeland Security Act of 

17 2002, for expenses and equipment necessary for mainte18 nance and operations of such administrative services as 

19 the Secretary of Homeland Security determines may be 

20 performed more advantageously as central services. Such 

21 fund shall hereafter be known as the ‘‘Department of 

22 Homeland Security Working Capital Fund’’.

23 SEC. 507. The Federal Emergency Management 

24 Agency ‘‘Bequests and Gifts’’ account shall be available 

25 to the Department of Homeland Security, as authorized 

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1 by sections 503 and 1517 of the Homeland Security Act 

2 of 2002, for the Secretary of Homeland Security to accept, 

3 hold, administer, and utilize gifts and bequests, including 

4 property, to facilitate the work of the Department of 

5 Homeland Security: Provided, That such fund shall here6 after be known as ‘‘Department of Homeland Security, 

7 Gifts and Donations’’: Provided further, That any gift or 

8 bequest shall be used in accordance with the terms of that 

9 gift or bequest to the greatest extent practicable.

10 SEC. 508. Funds made available by this Act for intel11 ligence activities are deemed to be specifically authorized 

12 by the Congress for purposes of section 504 of the Na13 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

14 year 2004 until the enactment of the Intelligence Author15 ization Act for fiscal year 2004.

16 SEC. 509. The Federal Law Enforcement Training 

17 Center is directed to establish an accrediting body that 

18 will include representatives from the Federal law enforce19 ment community, as well as non-Federal accreditation ex20 perts involved in law enforcement training. The purpose 

21 of this body will be to establish standards for measuring 

22 and assessing the quality and effectiveness of Federal law 

23 enforcement training programs, facilities, and instructors. 

24 SEC. 510. None of the funds in this Act shall be avail25 able to plan, finalize, or implement regulations that would 

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1 establish a vessel traffic safety fairway less than 5 miles 

2 wide between the Santa Barbara Traffic Separation 

3 Scheme and the San Francisco Traffic Separation 

4 Scheme. 

5 SEC. 511. None of the funds in this Act may be used 

6 to make a grant unless the Secretary of Homeland Secu7 rity notifies the Committees on Appropriations not less 

8 than 3 full business days before any grant allocation, dis9 cretionary grant award, or letter of intent totaling 

10 $1,000,000 or more is announced by the department or 

11 its directorates from (1) any discretionary or formula12 based grant program of the Office of Domestic Prepared13 ness; (2) any letter of intent from the Transportation Se14 curity Administration; or (3) any port security grant: Pro15 vided, That no notification shall involve funds that are not 

16 available for obligation. 

17 SEC. 512. Notwithstanding any other provision of 

18 law, no agency shall purchase, construct, and/or lease any 

19 additional facilities, except within or contiguous to existing 

20 locations, to be used for the purpose of conducting Federal 

21 law enforcement training without the advance approval of 

22 the Committees on Appropriations, except that the Fed23 eral Law Enforcement Training Center is authorized to 

24 obtain the temporary use of additional facilities by lease, 

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1 contract, or other agreement for training which cannot be 

2 accommodated in existing Center facilities. 

3 SEC. 513. The Federal Law Enforcement Training 

4 Center is directed to ensure that all of the training centers 

5 under its control are operated at their highest potential 

6 capacity efficiency throughout the fiscal year. In order to 

7 facilitate this direction, the Director is authorized to 

8 schedule basic and advanced law enforcement training at 

9 any site the Federal Law Enforcement Training Center 

10 determines is warranted in the interests of the Govern11 ment to ensure the best utilization of the Center’s total 

12 capacity for training, notwithstanding legislative prohibi13 tions.

14 SEC. 514. Section 114 of title 49, United States 

15 Code, is amended by adding at the end the following: 

16 ‘‘(t) FEE AUTHORITY FOR TRANSPORTATION CRE17 DENTIALS.—

18 ‘‘(1) Subject to the provisions of this sub19 section, the Secretary of Homeland Security may im20 pose reasonable fees and charges on an individual or 

21 an individual’s employer, where such an individual 

22 requires a credential or background records check 

23 under Federal law for an activity in the field of 

24 transportation, to cover the costs of providing the 

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1 credential or performing the backgrounds records 

2 check, including—

3 ‘‘(A) conducting or obtaining a criminal 

4 history records check and a review of available 

5 law enforcement databases and records of other 

6 governmental and international agencies; 

7 ‘‘(B) review and adjudication of requests 

8 for waiver and appeals of agency decisions with 

9 respect to providing the credential, performing 

10 the background records check, and denials of 

11 requests for waiver and appeals; and 

12 ‘‘(C) any other costs of the Transportation 

13 Security Administration related to providing the 

14 credential or performing the backgrounds 

15 records check. 

16 ‘‘(2) The Secretary shall ensure that the fees 

17 are reasonably related to the costs of the Transpor18 tation Security Administration for providing services 

19 rendered. The amount of costs imposed under this 

20 subsection shall be determined by the Secretary and 

21 shall not be subject to judicial review. 

22 ‘‘(3) Notwithstanding section 9701 of title 31 

23 and the procedural requirements of section 553 of 

24 title 5, the Secretary may impose a fee under this 

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1 subsection through the publication of notice in the 

2 Federal Register. 

3 ‘‘(4) Notwithstanding section 3302 of title 31, 

4 any fee collected under this section—

5 ‘‘(A) shall be credited as an offsetting col6 lection to the account in the Treasury from 

7 which the expenses were incurred and are avail8 able to the Secretary for these expenses; and 

9 ‘‘(B) shall remain available until ex10 pended.’’.

11 SEC. 515. None of the funds made available by this 

12 Act may be used for the production of customs declara13 tions that do not inquire whether the passenger has been 

14 in the proximity of livestock.

15 SEC. 516. None of the funds made available by this 

16 Act shall be available for any activity or for paying the 

17 salary of any Government employee where funding an ac18 tivity or paying a salary to a Government employee would 

19 result in a determination, regulation, or policy that would 

20 prohibit the enforcement of section 307 of the Tariff Act 

21 of 1930.

22 SEC. 517. None of the funds made available in this 

23 Act may be used to allow—

24 (1) the importation into the United States of 

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1 duced, or manufactured by forced or indentured 

2 child labor, as determined pursuant to section 307 

3 of the Tariff Act of 1930 (19 U.S.C. 1307); or 

4 (2) the release into the United States of any 

5 good, ware, article, or merchandise on which there is 

6 in effect a detention order, pursuant to such section 

7 307, on the basis that the good, ware, article, or 

8 merchandise may have been mined, produced, or 

9 manufactured by forced or indentured child labor.

10 SEC. 518. Appropriations to the Department of 

11 Homeland Security in this Act shall be available for pur12 chase of insurance for official motor vehicles operated in 

13 foreign countries; purchase of motor vehicles without re14 gard to the general purchase price limitations for vehicles 

15 purchased and used overseas for the current fiscal year; 

16 entering into contracts with the Department of State for 

17 the furnishing of health and medical services to employees 

18 and their dependents serving in foreign countries; and 

19 services authorized by section 3109 of title 5, United 

20 States Code. 

21 SEC. 519. None of the funds appropriated in this Act 

22 may be used for expenses of any construction, repair, al23 teration, and acquisition project for which a prospectus, 

24 if required by the Public Buildings Act of 1959, has not 

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1 pended for each project for required expenses for the de2 velopment of a proposed prospectus. 

3 SEC. 520. None of the funds in this Act shall be used 

4 to pursue or adopt guidelines or regulations requiring air5 port sponsors to provide to the Transportation Security 

6 Administration without cost building construction, mainte7 nance, utilities and expenses, or space in airport sponsor8 owned buildings for services relating to aviation security: 

9 Provided, That the prohibition of funds in this section does 

10 not apply to— 

11 (1) negotiations between the agency and airport 

12 sponsors to achieve agreement on ‘‘below-market’’ 

13 rates for these items, or 

14 (2) space for necessary security checkpoints. 

15 SEC. 521. Section 835 of the Homeland Security Act 

16 of 2002 (Public Law 107–296; 6 U.S.C. 395) is amend17 ed—

18 (1) in subsection (a), by inserting before the pe19 riod ‘‘, or any subsidiary of such an entity’’; 

20 (2) in subsection (b)(1), by inserting ‘‘before, 

21 on, or’’ after the ‘‘completes’’; 

22 (3) in subsection (e)(1)(B), by striking ‘‘which 

23 is after the date of enactment of this Act and’’; and 

24 (4) in subsection (d) by striking all after ‘‘in 

25 the interest of’’ and inserting ‘‘national security.’’.

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1 SEC. 522. (a) None of the funds provided in this or 

2 previous appropriation Acts may be obligated for testing 

3 (other than simulations), deployment, or implementation 

4 of CAPPS2, the Computer Assisted Passenger Pre-screen5 ing System that the Transportation Security Administra6 tion (‘‘TSA’’) plans to utilize to screen aviation pas7 sengers, until the General Accounting Office has reported 

8 to the Committees on Appropriations that—

9 (1) a system of due process exists whereby avia10 tion passengers determined to pose a threat and ei11 ther delayed or prohibited from boarding their 

12 scheduled flights by the TSA may appeal such deci13 sion and correct incorrect information contained in 

14 CAPPS2; 

15 (2) the underlying error rate of the government 

16 and private data bases that will be used both to es17 tablish identity and assign a risk level to a pas18 senger will not produce a large number of false 

19 positives that will result in a significant number of 

20 passengers being treated mistakenly or security re21 sources being diverted; 

22 (3) the TSA has stress-tested and demonstrated 

23 the efficacy and accuracy of all search tools in 

24 CAPPS2 and has demonstrated that CAPPS2 can 

25 make an accurate predictive assessment of those 

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1 passengers who would constitute a threat to avia2 tion; 

3 (4) the Secretary of Homeland Security has es4 tablished an internal oversight board to oversee and 

5 monitor the manner in which CAPPS2 is being de6 veloped and prepared; 

7 (5) the TSA has built in sufficient operational 

8 safeguards to reduce the opportunities for abuse; 

9 (6) substantial security measures are in place to 

10 protect CAPPS2 from unauthorized access by hack11 ers or other intruders; 

12 (7) the TSA has adopted policies establishing 

13 effective oversight of the use and operation of the 

14 system; and 

15 (8) there are no specific privacy concerns with 

16 the technological architecture of the system. 

17 (b) Not later than December 31, 2003, the National 

18 Academy of Sciences shall submit a report to the Commit19 tees on Appropriations that assesses the likely impact of 

20 the CAPPS2 system on privacy and civil liberties and in21 cludes recommendations for practices, procedures, regula22 tions, or legislation to eliminate or minimize adverse effect 

23 of such system on privacy, discrimination, and other civil 

24 liberties. 

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1 This Act may be cited as the ‘‘Department of Home2 land Security Appropriations Act, 2004’’. 

Union Calendar No. 84

108TH CONGRESS 

1ST SESSION H. R. 2555

[Report No. 108–169] 

A BILL

Making appropriations for the Department of 

Homeland Security for the fiscal year ending September 30, 2004, and for other purposes. 

JUNE 23, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed