108TH CONGRESS

1ST SESSION H. R. 2555

AN ACT

Making appropriations for the Department of

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

108TH CONGRESS

1ST SESSION H. R. 2555

AN ACT

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of Homeland Security for the fiscal year end4 ing September 30, 2004, and for other purposes, namely:

5 TITLE I—DEPARTMENTAL MANAGEMENT AND

6 OPERATIONS

7 DEPARTMENTAL ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses for management and oper10 ations of the Department of Homeland Security

11 $221,493,000; of which not to exceed $78,975,000 shall

12 be for the Office of the Secretary and Executive Manage13 ment; of which not to exceed $116,139,000 shall be for

14 the Office of the Under Secretary for Management; of

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

16 Office of the Under Secretary for Border and Transpor17 tation Security; of which not to exceed $10,044,000 shall

18 be for the Immediate Office of the Under Secretary for

19 Information Analysis and Infrastructure Protection and

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

21 shall be for the Immediate Office of the Under Secretary

22 for Emergency Preparedness and Response; and of which

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

24 of the Under Secretary for Science and Technology: Pro25 vided, That not to exceed $2,000,000 may be used for un-
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1 foreseen emergencies of a confidential nature, to be allo2 cated and expended under the direction of the Secretary

3 of Homeland Security: Provided further, That not to ex4 ceed $40,000 shall be for allocation within the Department

5 for official reception and representation expenses as the

6 Secretary may determine.

7 COUNTERTERRORISM FUND

8 For necessary expenses, as determined by the Sec9 retary of Homeland Security, $20,000,000, to remain

10 available until expended, to reimburse any Federal agency

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

12 or prosecute unexpected threats or acts of terrorism, in13 cluding payment of rewards in connection with these ac14 tivities: Provided, That the Secretary shall notify the Com15 mittees on Appropriations 15 days prior to the obligation

16 of any amount of these funds in accordance with section

17 503 of this Act.

18 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

19 For development and acquisition of information tech20 nology equipment, software, services, and related activities

21 for the Department of Homeland Security, and for the

22 costs of conversion to narrowband communications, in23 cluding the cost for operation of the Land Mobile Radio

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

25 expended: Provided, That none of the funds appropriated
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1 shall be used to support or supplement the appropriations

2 provided for the United States Visitor and Immigrant Sta3 tus Indicator Technology system and the Automated Com4 mercial Environment.

5 OFFICE OF THE INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for the Office of the Inspector

9 General in carrying out the provisions of the Inspector

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

11 which not to exceed $1,000,000 may be used for unfore12 seen emergencies of a confidential nature, to be allocated

13 under the direction of the Inspector General of the De14 partment of Homeland Security: Provided, That in addi15 tion, $22,000,000 shall be derived by transfer from the

16 Emergency Preparedness and Response Disaster Relief

17 Fund.

18 TITLE II—BORDER AND TRANSPORTATION

19 SECURITY

20 CUSTOMS AND BORDER PROTECTION

21 BUREAU OF CUSTOMS AND BORDER PROTECTION

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Bureau of Customs

25 and Border Protection for enforcement of laws relating to

26 border security, immigration, customs, and agricultural
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1 inspections and regulatory activities related to plant and

2 animal imports, including planning, construction, and nec3 essary related activities of buildings and facilities,

4 $4,584,600,000; of which not to exceed $25,000 shall be

5 for official reception and representation expenses; of which

6 not to exceed $129,000,000 to remain available until Sep7 tember 30, 2005, shall be for inspection technology; of

8 which such sums as become available in the Customs User

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

10 of the Consolidated Omnibus Budget Reconciliation Act

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

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

13 for payments or advances arising out of contractual or re14 imbursable agreements with State and local law enforce15 ment agencies while engaged in cooperative activities re16 lated to immigration: Provided, That none of the funds

17 available to the Directorate of Border and Transportation

18 Security may be used to pay any employee overtime pay

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

20 year beginning January 1, 2004, except that the Commis21 sioner of Customs and Border Protection may exceed such

22 limitation as necessary for national security purposes and

23 in cases of immigration emergencies: Provided further,

24 That uniforms may be purchased without regard to the

25 general purchase price limitation for the current fiscal
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1 year: Provided further, That no funds shall be available

2 for the site acquisition, design, or construction of any Bor3 der Patrol checkpoint in the Tucson sector: Provided fur4 ther, That the Border Patrol shall relocate its checkpoints

5 in the Tucson sector at least once every 7 days in a man6 ner designed to prevent persons subject to inspection from

7 predicting the location of any such checkpoint.

8 In addition, for administrative expenses related to the

9 collection of the Harbor Maintenance Fee, pursuant to

10 Public Law 103–182, and notwithstanding section

11 1511(e)(1) of Public Law 107–296, $3,000,000 to be de12 rived from the Harbor Maintenance Trust Fund and to

13 be transferred to and merged with this account.

14 AUTOMATION MODERNIZATION

15 For expenses not otherwise provided for Bureau of

16 Customs and Border Protection automated systems,

17 $493,727,000, to remain available until expended, of

18 which not less than $318,690,000 shall be for the develop19 ment of the Automated Commercial Environment: Pro20 vided, That none of the funds appropriated under this

21 heading may be obligated for the Automated Commercial

22 Environment until the Bureau of Customs and Border

23 Protection prepares and submits to the Committees on

24 Appropriations a plan for expenditure that: (1) meets the

25 capital planning and investment control review require-
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1 ments established by the Office of Management and Budg2 et, including OMB Circular A–11, part 3; (2) complies

3 with the Bureau of Customs and Border Protection’s En4 terprise Information Systems Architecture; (3) complies

5 with the acquisition rules, requirements, guidelines, and

6 systems acquisition management practices of the Federal

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

8 of Customs and Border Protection Investment Review

9 Board, the Department of Homeland Security, and the Of10 fice of Management and Budget; and (5) is reviewed by

11 the General Accounting Office: Provided further, That

12 none of the funds appropriated under this heading may

13 be obligated for the Automated Commercial Environment

14 until such expenditure plan has been approved by the

15 Committees on Appropriations.

16 IMMIGRATION AND CUSTOMS ENFORCEMENT

17 BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT

18 SALARIES AND EXPENSES

19 For necessary expenses of the Bureau of Immigration

20 and Customs Enforcement for enforcement of immigration

21 and customs laws, detention and removals, investigations,

22 including planning, construction, and necessary related ac23 tivities of buildings and facilities, $2,030,000,000; of

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

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

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

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

4 shall be for promotion of public awareness of the child por5 nography tipline; and of which not less than $200,000

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

7 funds available to the Bureau of Immigration and Cus8 toms Enforcement may be used to pay any employee over9 time pay in an amount in excess of $30,000 during the

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

11 Assistant Secretary of the Bureau of Immigration and

12 Customs Enforcement may exceed such limitation as nec13 essary for national security purposes and in cases of immi14 gration emergencies: Provided further, That of the total

15 amount of funds made available for activities to enforce

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

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

18 for support of such activities: Provided further, That uni19 forms may be purchased without regard to the general

20 purchase price limitation for the current fiscal year.

21 FEDERAL PROTECTIVE SERVICE

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses, not otherwise provided for, necessary

24 for the operations of the Federal Protective Service,

25 $424,211,000 shall be transferred from the revenues and
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1 collections in the General Services Administration, Federal

2 Buildings Fund.

3 AUTOMATION AND INFRASTRUCTURE MODERNIZATION

4 For expenses not otherwise provided for Bureau of

5 Immigration and Customs Enforcement automated sys6 tems, $367,605,000, to remain available until expended,

7 of which not less than $350,000,000 shall be for the devel8 opment of the United States Visitor and Immigrant Sta9 tus Indicator Technology system (US VISIT): Provided,

10 That none of the funds appropriated under this heading

11 may be obligated for US VISIT until the Bureau of Immi12 gration and Customs Enforcement prepares and submits

13 to the Committees on Appropriations a plan for expendi14 ture that: (1) meets the capital planning and investment

15 control review requirements established by the Office of

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

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

18 Customs Enforcement Enterprise Information Systems

19 Architecture; (3) complies with the acquisition rules, re20 quirements, guidelines, and systems acquisition manage21 ment practices of the Federal Government; (4) is reviewed

22 and approved by the Bureau of Immigration and Customs

23 Enforcement Investment Review Board, the Department

24 of Homeland Security, and the Office of Management and

25 Budget; and (5) is reviewed by the General Accounting
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1 Office: Provided further, That none of the funds appro2 priated under this heading may be obligated for US VISIT

3 until such expenditure plan has been approved by the

4 Committees on Appropriations.

5 AIR AND MARINE INTERDICTION

6 For expenses, not otherwise provided for, necessary

7 for the operation, maintenance and procurement of marine

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

9 of Air and Marine Interdiction of the Bureau of Immigra10 tion and Customs Enforcement, including operational

11 training and mission-related travel, and rental payments

12 for facilities occupied by the air or marine interdiction and

13 demand reduction programs, the operations of which in14 clude the following: conducting homeland security oper15 ations; interdiction of narcotics and other illegal sub16 stances or items; the provision of support to Department

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

18 agencies in the enforcement or administration of laws en19 forced by the Bureau of Immigration and Customs En20 forcement; and, at the discretion of the Under Secretary

21 for Border and Transportation Security, the provision of

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

23 law enforcement and emergency humanitarian efforts,

24 $175,000,000, which shall remain available until ex25 pended: Provided, That no aircraft or other related equip-
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1 ment, with the exception of aircraft that are one of a kind

2 and have been identified as excess to Bureau of Immigra3 tion and Customs Enforcement requirements and aircraft

4 that have been damaged beyond repair, shall be trans5 ferred to any other Federal agency, department, or office

6 outside of the Department of Homeland Security, during

7 fiscal year 2004 without the prior approval of the Commit8 tees on Appropriations.

9 TRANSPORTATION SECURITY ADMINISTRATION

10 AVIATION SECURITY

11 For necessary expenses of the Transportation Secu12 rity Administration related to providing civil aviation secu13 rity services pursuant to Public Law 107–71,

14 $3,679,200,000 (reduced by $20,000,000), to remain

15 available until expended, of which not to exceed $3,000

16 shall be for official reception and representation expenses:

17 Provided, That of such total amount, not to exceed

18 $1,672,700,000 shall be for passenger screening activities;

19 not to exceed $1,284,800,000 shall be for baggage screen20 ing activities; and not to exceed $721,700,000 shall be for

21 airport support and enforcement presence: Provided fur22 ther, That security service fees authorized under section

23 44940 of title 49, United States Code, shall be credited

24 to this appropriation as offsetting collections and used for

25 providing civil aviation security services authorized by that
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1 section: Provided further, That the sum herein appro2 priated from the General Fund shall be reduced on a dol3 lar-for-dollar basis as such offsetting collections are re4 ceived during fiscal year 2004, so as to result in a final

5 fiscal year appropriation from the General Fund estimated

6 at not more than $1,609,200,000: Provided further, That

7 any security service fees collected in excess of the amount

8 appropriated under this heading shall be treated as offset9 ting collections in fiscal year 2005: Provided further, That

10 none of the funds in this Act shall be used to recruit or

11 hire personnel into the Transportation Security Adminis12 tration which would cause the agency to exceed a staffing

13 level of 45,000 full-time equivalent screeners: Provided

14 further, That of the total amount provided herein,

15 $235,000,000 shall be available only for physical modifica16 tion of commercial service airports for the purpose of in17 stalling checked baggage explosive detection systems and

18 $100,000,000 shall be available only for procurement of

19 checked baggage explosive detection systems.

20 FEDERAL AIR MARSHALS

21 For necessary expenses of the Federal air marshals,

22 $634,600,000, to remain available until expended.

23 MARITIME AND LAND SECURITY

24 For necessary expenses of the Transportation Secu25 rity Administration related to maritime and land transpor-
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1 tation security grants and services pursuant to Public Law

2 107–71, $231,700,000, to remain available until ex3 pended: Provided, That of such amount, $100,000,000

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

5 shall be distributed under the same terms and conditions

6 as provided for under Public Law 107–117.

7 INTELLIGENCE

8 For necessary expenses of the Transportation Secu9 rity Administration related to transportation security in10 telligence activities, $13,700,000, to remain available until

11 expended.

12 RESEARCH AND DEVELOPMENT

13 For necessary expenses of the Transportation Secu14 rity Administration for research and development related

15 to transportation security, $125,700,000, to remain avail16 able until expended.

17 ADMINISTRATION

18 For necessary expenses of the Transportation Secu19 rity Administration for administrative activities, including

20 headquarters and field support, training, and information

21 technology, $487,100,000, to remain available until Sep22 tember 30, 2005.
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1 FEDERAL LAW ENFORCEMENT TRAINING

2 CENTER

3 SALARIES AND EXPENSES

4 For the necessary expenses of the Federal Law En5 forcement Training Center, $136,629,000, of which

6 $26,635,000 shall be for material and support costs of

7 Federal law enforcement basic training and shall remain

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

9 exceed $12,000 shall be for official reception and represen10 tation expenses: Provided, That notwithstanding any other

11 provision of law, the Center is authorized to expend appro12 priations for the purchase of police-type pursuit vehicles

13 without regard to the general purchase price limitation;

14 student athletic and related recreational activities; con15 ducting and participating in firearms matches and the

16 presentation of awards for such matches; public awareness

17 and enhancing community support of law enforcement

18 training, including the advertisement and marketing of

19 available law enforcement training programs; room and

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

21 students undergoing training at Center training facilities;

22 travel expenses of non-Federal personnel attending course

23 development meetings; services authorized by section 3109

24 of title 5, United States Code; support of Federal law en25 forcement accreditation; and a flat monthly reimburse-
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1 ment to employees authorized to use personal cell phones

2 for official duties: Provided further, That: (1) funds appro3 priated to this account may be used at the discretion of

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

5 law enforcement personnel, State and local law enforce6 ment personnel, foreign law enforcement personnel, and

7 private security personnel; (2) with the exception of pri8 vate security personnel, the Center’s Director is author9 ized to fully fund the cost of this training, including the

10 cost of non-Federal travel, or to seek full or partial reim11 bursement for this training; and (3) such reimbursements

12 shall be deposited in this appropriation: Provided further,

13 That the Center is authorized to obligate funds in antici14 pation of reimbursements from agencies receiving training

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

16 the fiscal year shall not exceed total budgetary resources

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

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

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

20 authorized purposes: Provided further, That the Center is

21 authorized to harvest timber and use the proceeds from

22 timber sales to supplement the Center’s forest manage23 ment and environmental programs: Provided further, That

24 notwithstanding any other provision of law, students at25 tending training at any Center site shall reside in on-cen-
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1 ter or center-provided housing, to the extent available and

2 in accordance with Center policy.

3 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

4 RELATED EXPENSES

5 For expansion of the Federal Law Enforcement

6 Training Center, for acquisition of necessary additional

7 real property and facilities, and for ongoing maintenance,

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

9 to remain available until expended: Provided, That the

10 Federal Law Enforcement Training Center is authorized

11 to accept reimbursement to this appropriation from gov12 ernment agencies requesting the construction of special

13 use facilities on training centers operated by the Federal

14 Law Enforcement Training Center: Provided further, That

15 notwithstanding any other provision of law, all facilities

16 shall remain under the control of the Federal Law En17 forcement Training Center, which shall be responsible for

18 scheduling, use, maintenance, and support.

19 OFFICE FOR DOMESTIC PREPAREDNESS

20 DOMESTIC PREPAREDNESS

21 For grants, contracts, cooperative agreements, and

22 other activities of the Office for Domestic Preparedness,

23 as authorized by the Homeland Security Act of 2002

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

25 2001 (Public Law 107–56), $3,503,000,000 (increased by
17

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1 $10,000,000), to remain available until expended: Pro2 vided, That of the amount provided under this heading—

3 (1) $1,900,000,000 shall be for basic formula

4 grants;

5 (2) $500,000,000 (increased by $10,000,000)

6 shall be for grants to State and local law enforce7 ment for terrorism prevention activities;

8 (3) $200,000,000 shall be for critical infra9 structure grants;

10 (4) $500,000,000 shall be for discretionary

11 grants for use in high-density urban areas and high12 threat areas; and

13 (5) $35,000,000 shall be for grants for Centers

14 for Emergency Preparedness:

15 Provided further, That the application for grants appro16 priated in subsections (1), (2), and (3) under this heading

17 shall be made available to States within 30 days of enact18 ment of this Act; States shall submit applications within

19 30 days of the grant announcement; and the Office for

20 Domestic Preparedness shall act on each application with21 in 15 days of receipt: Provided further, That 80 percent

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

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

24 the State to units of local governments and shall be dis25 tributed by the State within 60 days of the receipt of
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1 funds: Provided further, That section 1014(c)(3) of Public

2 Law 107–56 shall not apply to funds appropriated in sub3 sections (4) and (5) under this heading: Provided further,

4 That none of the funds appropriated under this heading

5 shall be used for construction or renovation of facilities:

6 Provided further, That funds appropriated in subsections

7 (3) and (4) under this heading shall be available for oper8 ational costs, including personnel overtime as needed.

9 TITLE III—EMERGENCY PREPAREDNESS AND

10 RESPONSE

11 ADMINISTRATIVE AND REGIONAL OPERATIONS

12 For necessary expenses for administrative and re13 gional operations of the Emergency Preparedness and Re14 sponse Directorate, $168,589,000, including activities au15 thorized by the National Flood Insurance Act of 1968 (42

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

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

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

19 5121 et seq.), the Earthquake Hazards Reduction Act of

20 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Preven21 tion and Control Act of 1974 (15 U.S.C. 2201 et seq.),

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

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

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

25 No. 3 of 1978, and the Homeland Security Act of 2002;
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1 of which not to exceed $3,000 shall be for official reception

2 and representation expenses.

3 PREPAREDNESS, MITIGATION, RESPONSE, AND

4 RECOVERY

5 For necessary expenses for preparedness, mitigation,

6 response, and recovery activities of the Emergency Pre7 paredness and Response Directorate, $363,339,000, in8 cluding activities authorized by the National Flood Insur9 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Dis10 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.),

11 the Robert T. Stafford Disaster Relief and Emergency As12 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

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

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

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

16 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of

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

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

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

20 emergency operations centers grants: Provided, That the

21 aggregate charges assessed during fiscal year 2004, as au22 thorized by Public Law 106–377, shall not be less than

23 100 percent of the amounts anticipated by the Depart24 ment of Homeland Security necessary for its radiological

25 emergency preparedness program for the next fiscal year:
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1 Provided further, That the methodology for assessment

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

3 reflect costs of providing such services, including adminis4 trative costs of collecting such fees: Provided further, That

5 fees received pursuant to this section shall be deposited

6 in this account as offsetting collections, shall become avail7 able for authorized purposes on October 1, 2004, and shall

8 remain available until expended.

9 PUBLIC HEALTH PROGRAMS

10 For necessary expenses for countering potential bio11 logical, disease, and chemical threats to civilian popu12 lations, $484,000,000, including $400,000,000, to remain

13 available until expended, for the Strategic National Stock14 pile.

15 BIODEFENSE COUNTERMEASURES

16 For necessary expenses for securing medical counter17 measures against biological terror attacks,

18 $5,593,000,000, to remain available until September 30,

19 2013: Provided, That not to exceed $3,418,000,000 may

20 be obligated during fiscal years 2004 through 2008, of

21 which not to exceed $890,000,000 may be obligated dur22 ing fiscal year 2004.

23 GRANT PROGRAMS

24 For activities designed to reduce the risk of flood

25 damage to structures pursuant to the National Flood In-
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1 surance Act of 1968 (42 U.S.C. 4001 et seq.), notwith2 standing sections 1366(b)(3)(B)–(C) and 1366(f) of such

3 Act, and for a pre-disaster mitigation grant program pur4 suant to title II of the Robert T. Stafford Disaster Relief

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

6 $200,000,000, to remain available until expended, of

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

8 Flood Insurance Fund, and shall remain available until

9 September 30, 2005: Provided, That grants made for pre10 disaster mitigation shall be awarded on a competitive basis

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

12 (42 U.S.C. 5133(g)): Provided further, That notwith13 standing section 203(f) of such title II (42 U.S.C.

14 5133(f)), grant awards shall be made without reference

15 to State allocations, quotas, or other formula-based alloca16 tion of funds.

17 EMERGENCY FOOD AND SHELTER

18 To carry out an emergency food and shelter program

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

20 11331 et seq.), $153,000,000, to remain available until

21 expended: Provided, That total administrative costs shall

not exceed 31 22 ⁄2 percent of the total appropriation.
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1 FIREFIGHTER ASSISTANCE GRANTS

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses, not otherwise provided for,

4 for programs as authorized by section 33 of the Federal

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

6 et seq.), $750,000,000 (increased by $10,000,000) to re7 main available through September 30, 2005: Provided,

8 That up to 5 percent of this amount shall be transferred

9 to ‘‘Preparedness, Mitigation, Response, and Recovery’’

10 for program administration.

11 DISASTER RELIEF

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses in carrying out the Robert

14 T. Stafford Disaster Relief and Emergency Assistance Act

15 (42 U.S.C. 5121 et seq.), $1,800,000,000 and, notwith16 standing 42 U.S.C. 5203, to remain available until ex17 pended, of which not to exceed $22,000,000 may be trans18 ferred to the Office of Inspector General for audits and

19 investigations.

20 FLOOD MAP MODERNIZATION FUND

21 For necessary expenses pursuant to section 1360 of

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

23 and such additional sums as may be provided by State

24 and local governments or other political subdivisions for
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1 cost-shared mapping activities under section 1360(f)(2) of

2 such Act; to remain available until expended.

3 NATIONAL FLOOD INSURANCE FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For activities under the National Flood Insurance

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

7 1973, not to exceed $32,761,000 for salaries and expenses

8 associated with flood mitigation and flood insurance oper9 ations, and not to exceed $77,809,000 for flood mitigation,

10 to remain available until September 30, 2005, including

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

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

13 transfer to Grant Programs until September 30, 2005,

14 and which amounts shall be derived from offsetting collec15 tions assessed and collected pursuant to 42 U.S.C. 4014,

16 and shall be retained and used for necessary expenses

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

18 $55,000,000 for operating expenses; $565,897,000 for

19 agents’ commissions and taxes; and $40,000,000 for inter20 est on Treasury borrowings, shall be available from the

21 National Flood Insurance Fund without prior notice to the

22 Committees on Appropriations.
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1 DISASTER ASSISTANCE DIRECT LOAN PROGRAM

2 ACCOUNT

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

4 Robert T. Stafford Disaster Relief and Emergency Assist5 ance Act: Provided, That these funds are available to sub6 sidize gross obligations for the principal amount of direct

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

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

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

10 addition, for administrative expenses to carry out the di11 rect loan program, $558,000.

12 TITLE IV—OTHER DEPARTMENTAL ACTIVITIES

13 CITIZENSHIP AND IMMIGRATION SERVICES

14 OPERATING EXPENSES

15 For necessary expenses for citizenship and immigra16 tion services, including international services,

17 $248,500,000.

18 UNITED STATES COAST GUARD

19 OPERATING EXPENSES

20 For necessary expenses for the operation and mainte21 nance of the Coast Guard, not otherwise provided for; pay22 ments pursuant to section 156 of Public Law 97–377 (42

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

24 $4,703,530,000, of which $1,300,000,000 shall be for de25 fense-related activities; of which $25,000,000 shall be de-
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1 rived from the Oil Spill Liability Trust Fund; and of which

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

3 representation expenses: Provided, That none of the funds

4 appropriated in this or any other Act shall be available

5 for pay of administrative expenses in connection with ship6 ping commissioners in the United States: Provided further,

7 That none of the funds provided in this Act shall be avail8 able for expenses incurred for yacht documentation under

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

10 the extent fees are collected from yacht owners and cred11 ited to this appropriation.

12 ENVIRONMENTAL COMPLIANCE AND RESTORATION

13 For necessary expenses to carry out the Coast

14 Guard’s environmental compliance and restoration func15 tions under chapter 19 of title 14, United States Code,

16 $17,000,000, to remain available until expended.

17 RESERVE TRAINING

18 For all necessary expenses of the Coast Guard Re19 serve, as authorized by law; maintenance and operation

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

21 $94,051,000.

22 ACQUISITIONS, CONSTRUCTION, AND IMPROVEMENTS

23 For necessary expenses of acquisition, construction,

24 renovation, and improvement of aids to navigation, shore

25 facilities, vessels, and aircraft, including equipment related
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1 thereto, $805,000,000, of which $23,500,000 shall be de2 rived from the Oil Spill Liability Trust Fund; of which

3 $66,500,000 shall be available until September 30, 2008

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

5 boats, and related equipment; $138,500,000 shall be avail6 able until September 30, 2006 for other equipment;

7 $70,000,000 shall be available until September 30, 2005

8 for personnel compensation and benefits and related costs;

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

10 2008 for the Integrated Deepwater Systems program: Pro11 vided, That the Commandant of the Coast Guard is au12 thorized to dispose of surplus real property, by sale or

13 lease, and the proceeds shall be credited to this appropria14 tion as offsetting collections and shall be available until

15 September 30, 2006 only for Rescue 21 (the National Dis16 tress and Response System Modernization program): Pro17 vided further, That upon initial submission to the Con18 gress of the fiscal year 2005 President’s budget, the Sec19 retary of Homeland Security shall transmit to the Con20 gress a comprehensive capital investment plan for the

21 United States Coast Guard that includes funding for each

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

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

24 funding targets for those years as estimated and approved

25 by the Office of Management and Budget.
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1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of

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

4 expended.

5 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

6 For necessary expenses, not otherwise provided for,

7 for applied scientific research, development, test, and eval8 uation; and maintenance, rehabilitation, lease and oper9 ation of facilities and equipment, as authorized by law;

10 $22,000,000, to remain available until expended, of which

11 $3,500,000 shall be derived from the Oil Spill Liability

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

13 used for the purposes of this appropriation funds received

14 from State and local governments, other public authori15 ties, private sources, and foreign countries, for expenses

16 incurred for research, development, testing, and evalua17 tion.

18 RETIRED PAY

19 For retired pay, including the payment of obligations

20 therefor otherwise chargeable to lapsed appropriations for

21 this purpose, payments under the Retired Serviceman’s

22 Family Protection and Survivor Benefits Plans, payment

23 for career status bonuses under the National Defense Au24 thorization Act, and for payments for medical care of re25 tired personnel and their dependents under the Depend-
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1 ents Medical Care Act (10 U.S.C. ch. 55),

2 $1,020,000,000.

3 INFORMATION ANALYSIS AND

4 INFRASTRUCTURE PROTECTION

5 OPERATING EXPENSES

6 For necessary expenses of the Directorate of Infor7 mation Analysis and Infrastructure Protection of the De8 partment of Homeland Security as authorized by law,

9 $776,000,000, to remain available until September 30,

10 2005.

11 SCIENCE AND TECHNOLOGY

12 RESEARCH, DEVELOPMENT, ACQUISITION, AND

13 OPERATIONS

14 For necessary expenses of activities of the Depart15 ment of Homeland Security in carrying out the purposes

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

17 Law 107–296), for basic and applied research, develop18 ment, test and evaluation, construction, procurement, pro19 duction, modification and modernization of systems, sub20 systems, spare parts, accessories, training devices, oper21 ation of the Science and Technology Directorate and its

22 organizations and activities, including the Homeland Se23 curity Advanced Research Projects Agency, for coopera24 tive programs with States and local governments to enable

25 the detection, destruction, disposal, or mitigation of the
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1 effects of weapons of mass destruction and other terrorist

2 weapons, and for the construction, maintenance, rehabili3 tation, lease, and operation of buildings and other facili4 ties, and equipment, necessary for the activities of the Di5 rectorate, $900,360,000, to remain available until Sep6 tember 30, 2006.

7 UNITED STATES SECRET SERVICE

8 SALARIES AND EXPENSES

9 For necessary expenses of the United States Secret

10 Service, $1,148,700,000, including purchase of American11 made side-car compatible motorcycles; hire of aircraft;

12 services of expert witnesses at such rates as may be deter13 mined by the Director; rental of buildings in the District

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

15 other facilities on private or other property not in Govern16 ment ownership or control, as may be necessary to per17 form protective functions; for payment of per diem and

18 subsistence allowances to employees where a protective as19 signment during the actual day or days of the visit of a

20 protectee require an employee to work 16 hours per day

21 or to remain overnight at his or her post of duty; the con22 ducting of and participating in firearms matches; presen23 tation of awards; for travel of Secret Service employees

24 on protective missions without regard to the limitation on

25 such expenditures in this or any other Act; for research
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1 and development; for making grants to conduct behavioral

2 research in support of protective research and operations;

3 not to exceed $25,000 for official reception and represen4 tation expenses; not to exceed $100,000 to provide tech5 nical assistance and equipment to foreign law enforcement

6 organizations in counterfeit investigations; for payment in

7 advance for commercial accommodations as may be nec8 essary to perform protective functions; and for uniforms

9 without regard to the general purchase limitation for the

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

11 available for forensic and related support of investigations

12 of missing and exploited children: Provided further, That

13 $4,783,000 shall be available as a grant for activities re14 lated to the investigations of exploited children and shall

15 remain available until expended: Provided further, That up

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

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

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

19 appropriated in this account shall be available, at the dis20 cretion of the Director, for the following: training United

21 States Postal Service law enforcement personnel and Post22 al police officers, training Federal law enforcement offi23 cers, training State and local government law enforcement

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

25 sector security officials on a space-available basis: Pro-
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1 vided further, That the United States Secret Service is au2 thorized to obligate funds in anticipation of reimburse3 ments from agencies and entities, as defined in section

4 105 of title 5, United States Code, receiving training spon5 sored by the James J. Rowley Training Center, except

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

7 not exceed total budgetary resources available under this

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

9 That the James J. Rowley Training Center is authorized

10 to provide short-term medical services for students under11 going training at the Center.

12 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

13 RELATED EXPENSES

14 For necessary expenses of construction, repair, alter15 ation, and improvement of facilities, $3,579,000, to re16 main available until expended.

17 TITLE V—GENERAL PROVISIONS

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

19 this Act shall remain available for obligation beyond the

20 current fiscal year unless expressly so provided herein.

21 (TRANSFERS OF UNEXPENDED BALANCES)

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

23 of this Act, the unexpended balances of prior appropria24 tions provided for activities in this Act may be transferred

25 to appropriation accounts for such activities established

26 pursuant to this Act. Balances so transferred may be
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1 merged with funds in the applicable established accounts

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

3 same time period as originally enacted.

4 (INCLUDING TRANSFER OF FUNDS)

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

6 provided by previous appropriation Acts to the agencies

7 in or transferred to the Department of Homeland Security

8 that remain available for obligation or expenditure in fiscal

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

10 of the United States derived by the collection of fees avail11 able to the agencies funded by this Act, shall be available

12 for obligation or expenditure through a reprogramming of

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

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

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

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

17 use funds directed for a specific activity by either the

18 House or Senate Committees on Appropriations for a dif19 ferent purpose, unless both Committees on Appropriations

20 are notified 15 days in advance of such reprogramming

21 of funds.

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

23 by previous appropriation Acts to the agencies in or trans24 ferred to the Department of Homeland Security that re25 main available for obligation or expenditure in fiscal year

26 2004, or provided from any accounts in the Treasury of
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1 the United States derived by the collection of fees available

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

3 obligation or expenditure for programs, projects, or activi4 ties through a reprogramming of funds in excess of

5 $5,000,000 or 10 percent, whichever is less, that: (1) aug6 ments existing programs, projects, or activities; (2) re7 duces by 10 percent funding for any existing program,

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

9 as approved by the Congress; or (3) results from any gen10 eral savings from a reduction in personnel that would re11 sult in a change in existing programs, projects, or activi12 ties, as approved by the Congress; unless the Committees

13 on Appropriations are notified 15 days in advance of such

14 reprogramming of funds.

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

16 made available for the current fiscal year for the Depart17 ment of Homeland Security in this Act or provided in pre18 vious appropriation Acts may be transferred between such

19 appropriations, but no such appropriation, except as oth20 erwise specifically provided, shall be increased by more

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

22 transfer pursuant to this section shall be treated as a re23 programming of funds and shall not be available for obli24 gation unless the Committees on Appropriations are noti25 fied 15 days in advance of such transfer.
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1 SEC. 504. Except as otherwise specifically provided

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

3 remaining available at the end of fiscal year 2004 from

4 appropriations made available for salaries and expenses

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

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

7 the purposes authorized: Provided, That a request shall

8 be submitted to the Committees on Appropriations for ap9 proval prior to the expenditure of such funds: Provided

10 further, That these requests shall be made in compliance

11 with reprogramming guidelines.

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

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

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

15 Code: Provided, That purchase for police-type use of pas16 senger vehicles may be made without regard to the general

17 purchase price limitation for the current fiscal year.

18 SEC. 506. The Federal Emergency Management

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

20 Department of Homeland Security, as authorized by sec21 tions 503 and 1517 of the Homeland Security Act of

22 2002, for expenses and equipment necessary for mainte23 nance and operations of such administrative services as

24 the Secretary of Homeland Security determines may be

25 performed more advantageously as central services. Such
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1 fund shall hereafter be known as the ‘‘Department of

2 Homeland Security Working Capital Fund’’.

3 SEC. 507. The Federal Emergency Management

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

5 to the Department of Homeland Security, as authorized

6 by sections 503 and 1517 of the Homeland Security Act

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

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

9 property, to facilitate the work of the Department of

10 Homeland Security: Provided, That such fund shall here11 after be known as ‘‘Department of Homeland Security,

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

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

14 gift or bequest to the greatest extent practicable.

15 SEC. 508. Funds made available by this Act for intel16 ligence activities are deemed to be specifically authorized

17 by the Congress for purposes of section 504 of the Na18 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

19 year 2004 until the enactment of the Intelligence Author20 ization Act for fiscal year 2004.

21 SEC. 509. The Federal Law Enforcement Training

22 Center is directed to establish an accrediting body that

23 will include representatives from the Federal law enforce24 ment community, as well as non-Federal accreditation ex25 perts involved in law enforcement training. The purpose
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1 of this body will be to establish standards for measuring

2 and assessing the quality and effectiveness of Federal law

3 enforcement training programs, facilities, and instructors.

4 SEC. 510. None of the funds in this Act shall be avail5 able to plan, finalize, or implement regulations that would

6 establish a vessel traffic safety fairway less than 5 miles

7 wide between the Santa Barbara Traffic Separation

8 Scheme and the San Francisco Traffic Separation

9 Scheme.

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

11 to make a grant unless the Secretary of Homeland Secu12 rity notifies the Committees on Appropriations not less

13 than 3 full business days before any grant allocation, dis14 cretionary grant award, or letter of intent totaling

15 $1,000,000 or more is announced by the department or

16 its directorates from: (1) any discretionary or formula17 based grant program of the Office of Domestic Prepared18 ness; (2) any letter of intent from the Transportation Se19 curity Administration; or (3) any port security grant: Pro20 vided, That no notification shall involve funds that are not

21 available for obligation.

22 SEC. 512. Notwithstanding any other provision of

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

24 additional facilities, except within or contiguous to existing

25 locations, to be used for the purpose of conducting Federal
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1 law enforcement training without the advance approval of

2 the Committees on Appropriations, except that the Fed3 eral Law Enforcement Training Center is authorized to

4 obtain the temporary use of additional facilities by lease,

5 contract, or other agreement for training which cannot be

6 accommodated in existing Center facilities.

7 SEC. 513. The Federal Law Enforcement Training

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

9 under its control are operated at their highest potential

10 capacity efficiency throughout the fiscal year. In order to

11 facilitate this direction, the Director is authorized to

12 schedule basic and advanced law enforcement training at

13 any site the Federal Law Enforcement Training Center

14 determines is warranted in the interests of the Govern15 ment to ensure the best utilization of the Center’s total

16 capacity for training, notwithstanding legislative prohibi17 tions.

18 SEC. 514. None of the funds made available by this

19 Act may be used for the production of customs declara20 tions that do not inquire whether the passenger has been

21 in the proximity of livestock.

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

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

24 salary of any Government employee where funding an ac25 tivity or paying a salary to a Government employee would
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1 result in a determination, regulation, or policy that would

2 prohibit the enforcement of section 307 of the Tariff Act

3 of 1930.

4 SEC. 516. None of the funds made available in this

5 Act may be used to allow—

6 (1) the importation into the United States of

7 any good, ware, article, or merchandise mined, pro8 duced, or manufactured by forced or indentured

9 child labor, as determined pursuant to section 307

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

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

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

13 in effect a detention order, pursuant to such section

14 307, on the basis that the good, ware, article, or

15 merchandise may have been mined, produced, or

16 manufactured by forced or indentured child labor.

17 SEC. 517. Appropriations to the Department of

18 Homeland Security in this Act shall be available for pur19 chase of insurance for official motor vehicles operated in

20 foreign countries; purchase of motor vehicles without re21 gard to the general purchase price limitations for vehicles

22 purchased and used overseas for the current fiscal year;

23 entering into contracts with the Department of State for

24 the furnishing of health and medical services to employees

25 and their dependents serving in foreign countries; and
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1 services authorized by section 3109 of title 5, United

2 States Code.

3 SEC. 518. None of the funds appropriated in this Act

4 may be used for expenses of any construction, repair, al5 teration, and acquisition project for which a prospectus,

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

7 been approved, except that necessary funds may be ex8 pended for each project for required expenses for the de9 velopment of a proposed prospectus.

10 SEC. 519. None of the funds in this Act shall be used

11 to pursue or adopt guidelines or regulations requiring air12 port sponsors to provide to the Transportation Security

13 Administration without cost building construction, mainte14 nance, utilities and expenses, or space in airport sponsor15 owned buildings for services relating to aviation security:

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

17 not apply to—

18 (1) negotiations between the agency and airport

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

20 rates for these items, or

21 (2) space for necessary security checkpoints.

22 SEC. 520. None of the funds made available in this

23 Act may be used in contravention of the applicable provi24 sions of the Buy American Act (41 U.S.C. 10a–10c).
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1 SEC. 521. None of the funds made available in this

2 Act may be used to approve, renew, or implement any

3 aviation cargo security plan that permits the transporting

4 of unscreened or uninspected cargo on passenger planes.

5 This Act may be cited as the ‘‘Department of Home6 land Security Appropriations Act, 2004’’.

Passed the House of Representatives June 24, 2003.

Attest:

Clerk.