II 

Calendar No. 192

108TH CONGRESS 

1ST SESSION H.R. 2555

[Report No. 108–86] 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2003

Received; read twice and referred to the Committee on Appropriations 

JULY 10, 2003

Reported by Mr. COCHRAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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,

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Homeland Security for the fiscal year 

6 ending September 30, 2004, and for other purposes, 

7 namely: 
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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 DEPARTMENTAL ADMINISTRATION

4 SALARIES AND EXPENSES

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 AND EXPENSES

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 AND EXPENSES

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 AND EXPENSES

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 Immigra-
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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 (reduced by $20,000,000), to remain 

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

14 shall be for official reception and representation expenses: 

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

16 $1,672,700,000 shall be for passenger screening activities; 

17 not to exceed $1,284,800,000 shall be for baggage screen18 ing activities; and not to exceed $721,700,000 shall be for 

19 airport support and enforcement presence: Provided fur20 ther, That security service fees authorized under section 

21 44940 of title 49, United States Code, shall be credited 

22 to this appropriation as offsetting collections and used for 

23 providing civil aviation security services authorized by that 

24 section: Provided further, That the sum herein appro25 priated from the General Fund shall be reduced on a dol-
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1 lar-for-dollar basis as such offsetting collections are re2 ceived during fiscal year 2004, so as to result in a final 

3 fiscal year appropriation from the General Fund estimated 

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

5 any security service fees collected in excess of the amount 

6 appropriated under this heading shall be treated as offset7 ting collections in fiscal year 2005: Provided further, That 

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

9 hire personnel into the Transportation Security Adminis10 tration which would cause the agency to exceed a staffing 

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

12 further, That of the total amount provided herein, 

13 $235,000,000 shall be available only for physical modifica14 tion of commercial service airports for the purpose of in15 stalling checked baggage explosive detection systems and 

16 $100,000,000 shall be available only for procurement of 

17 checked baggage explosive detection systems. 

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 ex-
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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 enforce-
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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 (increased by 

24 $10,000,000), to remain available until expended: Pro25 vided, That of the amount 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 (increased by $10,000,000) 

4 shall be for grants to State and local law enforce5 ment for terrorism prevention 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 sub-
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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 FOOD AND 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 (increased by $10,000,000) to re2 main available through September 30, 2005: Provided, 

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

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

5 for program administration. 

6 DISASTER RELIEF

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses in carrying out the Robert 

9 T. Stafford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5121 et seq.), $1,800,000,000 and, notwith11 standing 42 U.S.C. 5203, to remain available until ex12 pended, of which not to exceed $22,000,000 may be trans13 ferred to the Office of Inspector General for audits and 

14 investigations. 

15 FLOOD MAP MODERNIZATION FUND

16 For necessary expenses pursuant to section 1360 of 

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

18 and such additional sums as may be provided by State 

19 and local governments or other political subdivisions for 

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

21 such Act; to remain available until expended. 

22 NATIONAL FLOOD INSURANCE FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For activities under the National Flood Insurance 

25 Act of 1968, and the Flood Disaster Protection Act of 
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1 1973, not to exceed $32,761,000 for salaries and expenses 

2 associated with flood mitigation and flood insurance oper3 ations, and not to exceed $77,809,000 for flood mitigation, 

4 to remain available until September 30, 2005, including 

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

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

7 transfer to Grant Programs until September 30, 2005, 

8 and which amounts shall be derived from offsetting collec9 tions assessed and collected pursuant to 42 U.S.C. 4014, 

10 and shall be retained and used for necessary expenses 

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

12 $55,000,000 for operating expenses; $565,897,000 for 

13 agents’ commissions and taxes; and $40,000,000 for inter14 est on Treasury borrowings, shall be available from the 

15 National Flood Insurance Fund without prior notice to the 

16 Committees on Appropriations. 

17 DISASTER ASSISTANCE DIRECT LOAN PROGRAM

18 ACCOUNT

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

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act: Provided, That these funds are available to sub22 sidize gross obligations for the principal amount of direct 

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

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

25 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 
25

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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, 
26

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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; 
27

HR 2555 RS 

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, 
28

HR 2555 RS 

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. 
29

HR 2555 RS 

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 
30

HR 2555 RS 

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 
31

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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 
32

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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) aug-
33

HR 2555 RS 

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 
34

HR 2555 RS 

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 
35

HR 2555 RS 

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 
36

HR 2555 RS 

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, 
37

HR 2555 RS 

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. None of the funds made available by this 

15 Act may be used for the production of customs declara16 tions that do not inquire whether the passenger has been 

17 in the proximity of livestock. 

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

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

20 salary of any Government employee where funding an ac21 tivity or paying a salary to a Government employee would 

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

23 prohibit the enforcement of section 307 of the Tariff Act 

24 of 1930. 
38

HR 2555 RS 

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

2 Act may be used to allow—

3 (1) the importation into the United States of 

4 any good, ware, article, or merchandise mined, pro5 duced, or manufactured by forced or indentured 

6 child labor, as determined pursuant to section 307 

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

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

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

10 in effect a detention order, pursuant to such section 

11 307, on the basis that the good, ware, article, or 

12 merchandise may have been mined, produced, or 

13 manufactured by forced or indentured child labor. 

14 SEC. 517. Appropriations to the Department of 

15 Homeland Security in this Act shall be available for pur16 chase of insurance for official motor vehicles operated in 

17 foreign countries; purchase of motor vehicles without re18 gard to the general purchase price limitations for vehicles 

19 purchased and used overseas for the current fiscal year; 

20 entering into contracts with the Department of State for 

21 the furnishing of health and medical services to employees 

22 and their dependents serving in foreign countries; and 

23 services authorized by section 3109 of title 5, United 

24 States Code. 
39

HR 2555 RS 

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

2 may be used for expenses of any construction, repair, al3 teration, and acquisition project for which a prospectus, 

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

5 been approved, except that necessary funds may be ex6 pended for each project for required expenses for the de7 velopment of a proposed prospectus. 

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

9 to pursue or adopt guidelines or regulations requiring air10 port sponsors to provide to the Transportation Security 

11 Administration without cost building construction, mainte12 nance, utilities and expenses, or space in airport sponsor13 owned buildings for services relating to aviation security: 

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

15 not apply to— 

16 (1) negotiations between the agency and airport 

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

18 rates for these items, or 

19 (2) space for necessary security checkpoints. 

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

21 Act may be used in contravention of the applicable provi22 sions of the Buy American Act (41 U.S.C. 10a–10c). 

23 SEC. 521. None of the funds made available in this 

24 Act may be used to approve, renew, or implement any 
40

HR 2555 RS 

1 aviation cargo security plan that permits the transporting 

2 of unscreened or uninspected cargo on passenger planes. 

3 This Act may be cited as the ‘‘Department of Home4 land Security Appropriations Act, 2004’’.

5 That the following sums are appropriated, out of any 

6 money in the Treasury not otherwise appropriated, for the 

7 Department of the Homeland Security for the fiscal year 

8 ending September 30, 2004, and for other purposes, namely: 

9 DEPARTMENT OF HOMELAND SECURITY 

10 TITLE I—DEPARTMENTAL OPERATIONS, 

11 MANAGEMENT, AND OVERSIGHT 

12 OFFICE OF THE SECRETARY AND EXECUTIVE

13 MANAGEMENT

14 For necessary expenses of the Office of the Secretary 

15 of Homeland Security as authorized by section 102 of the 

16 Homeland Security Act of 2002 (6 U.S.C. 112) and execu17 tive management of the Department of Homeland Security, 

18 as authorized by law, $83,653,000. 

19 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

20 For necessary expenses of the Office of the Under Sec21 retary for Management and Administration, as authorized 

22 by sections 701–704 of the Homeland Security Act of 2002 

23 (6 U.S.C. 341–344), $167,521,000: Provided, That of the 

24 total amount provided, $30,000,000 shall remain available 

25 until expended solely for the alteration and improvement 
41

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1 of facilities and for relocation costs necessary for the in2 terim housing of the Department’s headquarters’ operations 

3 and organizations collocated therewith. 

4 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

5 For development and acquisition of information tech6 nology equipment, software, services, and related activities 

7 for the Department of Homeland Security, and for the costs 

8 of conversion to narrowband communications, including the 

9 cost for operation of the land mobile radio legacy systems, 

10 $185,000,000, to remain available until expended. 

11 OFFICE OF THE INSPECTOR GENERAL

12 For necessary expenses of the Office of the Inspector 

13 General in carrying out the provisions of the Inspector Gen14 eral Act of 1978 (5 U.S.C. App.), $58,118,000; of which not 

15 to exceed $100,000 may be used for certain confidential 

16 operational expenses, including the payment of informants, 

17 to be expended at the direction of the Inspector General. 

18 TITLE II—SERVICES 

19 CITIZENSHIP AND IMMIGRATION SERVICES

20 For necessary expenses for citizenship and immigra21 tion services, including international services, as trans22 ferred by and authorized by the Homeland Security Act of 

23 2002 (6 U.S.C. 271, 272), $229,377,000. 
42

HR 2555 RS 

1 TITLE III—SECURITY, ENFORCEMENT, AND 

2 INVESTIGATIONS 

3 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

4 TRANSPORTATION SECURITY

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of the Under Sec7 retary for Border and Transportation Security, as author8 ized by Subtitle A, Title IV, of the Homeland Security Act 

9 of 2002 (6 U.S.C. 201–203), $8,842,000. 

10 UNITED STATES VISITOR AND IMMIGRANT STATUS

11 INDICATOR TECHNOLOGY

12 For necessary expenses for the development of the 

13 United States Visitor and Immigrant Status Indicator 

14 Technology project, as authorized by section 110 of the Ille15 gal Immigration Reform and Immigration Responsibility 

16 Act of 1996 (8 U.S.C. 1221 note), $380,000,000, to remain 

17 available until expended: Provided, That none of the funds 

18 appropriated in this Act for the United States Visitor and 

19 Immigrant Status Indicator Technology project may be ob20 ligated until the Department of Homeland Security submits 

21 a plan for expenditure that has been approved by the Com22 mittees on Appropriations of the Senate and the House of 

23 Representatives. 
43

HR 2555 RS 

1 CUSTOMS AND BORDER PROTECTION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for border security, immigra5 tion, customs, and agricultural inspections and regulatory 

6 activities related to plant and animal imports, acquisition, 

7 lease, maintenance and operation of aircraft; purchase and 

8 lease of up to 4,500 (3,935 for replacement only) police9 type vehicles; contracting with individuals for personal 

10 services abroad; including not to exceed $1,000,000 to meet 

11 unforeseen emergencies of a confidential nature, to be ex12 pended under the direction of, and to be accounted for solely 

13 under the certificate of, the Under Secretary for Border and 

14 Transportation Security; as authorized by any Act enforced 

15 by the Bureau of Customs and Border Protection, 

16 $4,366,000,000, of which not to exceed $96,000,000 shall re17 main available until September 30, 2005, for inspection 

18 technology; of which such sums as become available in the 

19 Customs User Fee Account, except sums subject to section 

20 13031(f)(3) of the Consolidated Omnibus Budget Reconcili21 ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived 

22 from that account; of which not to exceed $150,000 shall 

23 be available for payment for rental space in connection with 

24 preclearance operations; of which not to exceed $5,000,000 

25 shall be available for payments or advances arising out of 

26 contractual or reimbursable agreements with State and 
44

HR 2555 RS 

1 local law enforcement agencies while engaged in cooperative 

2 activities related to immigration: Provided, That none of 

3 the funds appropriated shall be available to compensate any 

4 employee for overtime in an annual amount in excess of 

5 $30,000, except that the Under Secretary for Border and 

6 Transportation Security may exceed that amount as nec7 essary for national security purposes and in cases of immi8 gration emergencies: Provided further, That of the total 

9 amount provided for activities to enforce laws against 

10 forced child labor in fiscal year 2004, not to exceed 

11 $4,000,000 shall remain available until expended. 

12 In addition, for administrative expenses related to the 

13 collection of the Harbor Maintenance Fee, pursuant to Pub14 lic Law 103–182, and notwithstanding section 1511 (e)(1) 

15 of Public Law 107–296, $3,000,000 to be derived from the 

16 Harbor Maintenance Trust Fund and to be transferred to 

17 and merged with the appropriation for ‘‘Salaries and Ex18 penses’’ under this heading. 

19 AUTOMATION MODERNIZATION

20 For expenses for Customs and Border Protection auto21 mated systems, $441,122,000, to remain available until ex22 pended, of which not less than $318,690,000 shall be for 

23 the development of the Automated Commercial Environ24 ment: Provided, That none of the funds appropriated in this 

25 Act for the Automated Commercial Environment may be 

26 obligated until the Department of Homeland Security sub-
45

HR 2555 RS 

1 mits a plan for expenditure that has been approved by the 

2 Committees on Appropriations of the Senate and the House 

3 of Representatives. 

4 CONSTRUCTION

5 For necessary expenses to plan, construct, renovate, 

6 equip, and maintain buildings and facilities necessary for 

7 the administration and enforcement of the laws relating to 

8 customs and immigration, $90,363,000, to remain available 

9 until expended. 

10 IMMIGRATION AND CUSTOMS ENFORCEMENT

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for enforcement of immigration 

14 and customs laws, detention and removals, investigations; 

15 purchase and lease of up to 1,600 (1,450 for replacement 

16 only) police-type vehicles; including not to exceed 

17 $1,000,000 to meet unforeseen emergencies of a confidential 

18 nature, to be expended under the direction of, and to be 

19 accounted for solely under the certificate of, the Under Sec20 retary for Border and Transportation Security; as author21 ized by any Act enforced by the Bureau of Immigration 

22 and Customs Enforcement, $2,180,000,000, of which not to 

23 exceed $5,000,000 shall be available until expended for con24 ducting special operations pursuant to section 3131 of the 

25 Customs Enforcement Act of 1986 (19 U.S.C. 2081), of 

26 which not less than $40,000,000 shall be available until ex-
46

HR 2555 RS 

1 pended for information technology infrastructure, and of 

2 which not to exceed $5,000,000 shall be available to fund 

3 or reimburse other Federal agencies for the costs associated 

4 with the care, maintenance, and repatriation of smuggled 

5 illegal aliens: Provided, That in addition, $424,211,000 

6 shall be transferred from the revenues and collections in the 

7 General Services Administration, Federal Buildings Fund 

8 for the Federal Protective Service: Provided further, That 

9 none of the funds appropriated shall be available to com10 pensate any employee for overtime in an annual amount 

11 in excess of $30,000, except that the Under Secretary for 

12 Border and Transportation Security may waive that 

13 amount as necessary for national security purposes and in 

14 cases of immigration emergencies: Provided further, That 

15 of the total amount provided for activities to enforce laws 

16 against forced child labor in fiscal year 2004, not to exceed 

17 $1,000,000 shall remain available until expended. 

18 AIR AND MARINE INTERDICTION, OPERATIONS, 

19 MAINTENANCE AND PROCUREMENT

20 For necessary expenses for the operation and mainte21 nance of marine vessels, aircraft, and other related equip22 ment of the Air and Marine Programs, including oper23 ational training and mission-related travel, and rental 

24 payments for facilities occupied by the air or marine inter25 diction and demand reduction programs, the operations of 

26 which include the following: the interdiction of narcotics 
47

HR 2555 RS 

1 and other goods; the provision of support to Federal, State, 

2 and local agencies in the enforcement or administration of 

3 laws enforced by the Bureau of Immigration and Customs 

4 Enforcement; and at the discretion of the Director of the 

5 Bureau of Immigration and Customs Enforcement, the pro6 vision of assistance to Federal, State, and local agencies in 

7 other law enforcement and emergency humanitarian efforts, 

8 $257,291,000, to remain available until expended. 

9 CONSTRUCTION

10 For necessary expenses to plan, construct, renovate, 

11 equip, and maintain buildings and facilities necessary for 

12 the administration and enforcement of the laws relating to 

13 customs and immigration, $26,775,000, to remain available 

14 until expended. 

15 TRANSPORTATION SECURITY ADMINISTRATION

16 AVIATION SECURITY

17 For necessary expenses of the Transportation Security 

18 Administration related to providing civil aviation security 

19 services pursuant to the Aviation and Transportation Secu20 rity Act (49 U.S.C. 40101 note), $4,523,900,000, to remain 

21 available until September 30, 2005, of which 

22 $3,185,000,000 shall be available for screening activities 

23 and of which $1,338,900,000 shall be available for airport 

24 support and enforcement presence: Provided, That security 

25 service fees authorized under section 44940 of title 49, 

26 United States Code, shall be credited to this appropriation 
48

HR 2555 RS 

1 as offsetting collections and used for providing civil avia2 tion security services authorized by that section: Provided 

3 further, That the sum under this heading appropriated 

4 from the general fund shall be reduced on a dollar-for-dollar 

5 basis as such offsetting collections are received during fiscal 

6 year 2004 in order to result in a final fiscal year appro7 priation from the general fund estimated at not more than 

8 $2,453,900,000: Provided further, That any security service 

9 fees collected in excess of the amount appropriated under 

10 this heading shall be treated as offsetting collections in fiscal 

11 year 2005: Provided further, That of the total amount pro12 vided under this heading, $309,000,000 shall be available 

13 for physical modification of commercial service airports for 

14 the purpose of installing checked baggage explosive detection 

15 systems, as authorized by section 367 of title III of Division 

16 I of the Consolidated Appropriations Resolution, 2003 (49 

17 U.S.C. 47110 note); and $150,500,000 shall be available for 

18 procurement of checked baggage explosive detection systems, 

19 including explosive trace detection systems, as authorized 

20 by section 4490 of title 49, United States Code. 

21 MARITIME AND LAND SECURITY

22 For necessary expenses of the Transportation Security 

23 Administration related to maritime and land transpor24 tation security grants and services pursuant to the Aviation 

25 and Transportation Security Act (49 U.S.C. 40101 note), 

26 $295,000,000, to remain available until September 30, 
49

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1 2005: Provided, That of the total amount provided under 

2 this heading, $150,000,000 shall be available for port secu3 rity grants, which shall be distributed under the same terms 

4 and conditions as provided for under Public Law 107–117; 

5 and $30,000,000 shall be available to execute grants, con6 tracts, and interagency agreements for the purpose of de7 ploying Operation Safe Commerce. 

8 INTELLIGENCE

9 For necessary expenses for intelligence activities pur10 suant to the Aviation and Transportation Security Act (49 

11 U.S.C. 40101 note), $13,600,000, to remain available until 

12 September 30, 2004. 

13 RESEARCH AND DEVELOPMENT

14 For necessary expenses for research and development 

15 related to transportation security, $130,200,000, to remain 

16 available until expended: Provided, That of the total 

17 amount provided under this heading, $45,000,000 shall be 

18 available for the research and development of explosive de19 tection devices. 

20 ADMINISTRATION

21 For necessary administrative expenses of the Trans22 portation Security Administration to carry out the Avia23 tion and Transportation Security Act (49 U.S.C. 40101 

24 note), $433,200,000, to remain available until September 

25 30, 2004. 
50

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1 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 (INCLUDING RESCISSION OF FUNDS)

4 For necessary expenses for the operation and mainte5 nance of the Coast Guard not otherwise provided for; pur6 chase of not to exceed five passenger motor vehicles for re7 placement only; payments pursuant to section 156 of Public 

8 Law 97–377 (42 U.S.C. 402 note); and section 229(b) of 

9 the Social Security Act (42 U.S.C. 429(b)) and recreation 

10 and welfare, $4,719,000,000, of which $340,000,000 shall 

11 be available for defense-related activities; and of which 

12 $25,000,000 shall be derived from the Oil Spill Liability 

13 Trust Fund: Provided, That none of the funds appropriated 

14 by this or any other Act shall be available for administra15 tive expenses in connection with shipping commissioners in 

16 the United States: Provided further, That none of the funds 

17 provided by this Act shall be available for expenses incurred 

18 for yacht documentation under section 12109 of title 46, 

19 United States Code, except to the extent fees are collected 

20 from yacht owners and credited to this appropriation: Pro21 vided further, That notwithstanding section 1116(c) of title 

22 10, United States Code, amounts made available under this 

23 heading may be used to make payments into the Depart24 ment of Defense Medicare-Eligible Retiree Health Care 

25 Fund for fiscal year 2004 under section 1116(a) of such 

26 title. 
51

HR 2555 RS 

1 In addition, of the funds appropriated under this 

2 heading in chapter 6 of title I of Public Law 108–11 (117 

3 Stat. 583), $71,000,000 are hereby rescinded. 

4 ENVIRONMENTAL COMPLIANCE AND RESTORATION

5 For necessary expenses to carry out the Coast Guard’s 

6 environmental compliance and restoration functions under 

7 chapter 19 of title 14, United States Code, $17,000,000, to 

8 remain available until expended. 

9 RESERVE TRAINING

10 For all necessary expenses of the Coast Guard Reserve, 

11 as authorized by law; maintenance and operation of facili12 ties; and supplies, equipment, and services, $95,000,000. 

13 ACQUISITION, 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; maintenance, rehabilitation, lease and operation of 

18 facilities and equipment, as authorized by law, 

19 $1,035,000,000, of which $23,500,000 shall be derived from 

20 the Oil Spill Liability Trust Fund; of which $66,500,000 

21 shall be available to acquire, repair, renovate, or improve 

22 vessels, small boats, and related equipment, to remain avail23 able until expended; of which $178,500,000 shall be avail24 able for other equipment, to remain available until ex25 pended; of which $70,000,000 shall be available for per26 sonnel compensation and benefits and related costs; of which 
52

HR 2555 RS 

1 $702,000,000 shall be available for the Integrated Deep2 water Systems program, to remain available until ex3 pended; and of which $18,000,000 shall be available for al4 teration or removal of obstructive bridges, to remain avail5 able until expended: Provided, That the Commandant of the 

6 Coast Guard is authorized to dispose of surplus real prop7 erty, by sale or lease, and the proceeds shall be credited to 

8 this appropriation as offsetting collections and shall be 

9 available only for Rescue 21 and shall remain available 

10 until expended: Provided further, That funds for bridge al11 teration projects conducted pursuant to the Act of June 21, 

12 1940 (33 U.S.C. 511 et seq.) shall be available for such 

13 projects only to the extent that the steel, iron, and manufac14 tured products used in such projects are produced in the 

15 United States, unless contrary to law or international 

16 agreement, or unless the Commandant of the Coast Guard 

17 determines such action to be inconsistent with the public 

18 interest or the cost unreasonable. 

19 RETIRED PAY

20 For retired pay, including the payment of obligations 

21 therefor otherwise chargeable to lapsed appropriations for 

22 this purpose, payments under the Retired Serviceman’s 

23 Family Protection and Survivor Benefits Plans, payment 

24 for career status bonuses under the National Defense Au25 thorization Act, and for payments for medical care of re-
53

HR 2555 RS 

1 tired personnel and their dependents under chapter 55 of 

2 title 10, United States Code, $1,020,000,000. 

3 UNITED STATES SECRET SERVICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the United States Secret 

6 Service, including purchase of not to exceed 730 vehicles 

7 for police-type use, of which 610 shall be for replacement 

8 only, and hire of passenger motor vehicles; purchase of 

9 American-made sidecar compatible motorcycles; hire of air10 craft; services of expert witnesses at such rates as may be 

11 determined by the Director; rental of buildings in the Dis12 trict of Columbia, and fencing, lighting, guard booths, and 

13 other facilities on private or other property not in Govern14 ment ownership or control, as may be necessary to perform 

15 protective functions; for payment of per diem or subsistence 

16 allowances to employees where a protective assignment dur17 ing the actual day or days of the visit of a protectee require 

18 an employee to work 16 hours per day or to remain over19 night at his or her post of duty; the conducting of and par20 ticipating in firearms matches; presentation of awards; for 

21 travel of Secret Service employees on protective missions 

22 without regard to the limitations on such expenditures in 

23 this or any other Act if approval is obtained in advance 

24 from the Committees on Appropriations of the Senate and 

25 the House of Representatives; for research and development; 
54

HR 2555 RS 

1 for making grants to conduct behavioral research in support 

2 of protective research and operations; not to exceed $100,000 

3 to provide technical assistance and equipment to foreign 

4 law enforcement organizations in counterfeit investigations; 

5 for payment in advance for commercial accommodations as 

6 may be necessary to perform protective functions; 

7 $1,114,737,000, of which $1,633,000 shall be available for 

8 forensic and related support of investigations of missing 

9 and exploited children; and of which $5,000,000 shall be 

10 available as a grant for activities related to the investiga11 tions of exploited children and shall remain available until 

12 expended: Provided, That up to $18,000,000 provided for 

13 protective travel shall remain available until September 30, 

14 2005: Provided further, That in fiscal year 2004 and there15 after, the James J. Rowley Training Center is authorized 

16 to provide short-term medical services for students under17 going training at the Center. 

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For necessary expenses of construction, repair, alter21 ation, and improvement of facilities, $3,579,000, to remain 

22 available until expended. 
55

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1 TITLE IV—ASSESSMENTS, PREPAREDNESS, AND 

2 RECOVERY 

3 COUNTERTERRORISM FUND

4 For necessary expenses, as determined by the Secretary 

5 of Homeland Security, $20,000,000, to remain available 

6 until expended, to reimburse any Department of Homeland 

7 Security organization for the costs of providing support to 

8 counter, investigate, or prosecute unexpected threats or acts 

9 of terrorism, including payment of rewards in connection 

10 with these activities: Provided, That any funds provided 

11 under this heading shall be available only after the Sec12 retary notifies the Committees on Appropriations of the 

13 Senate and the House of Representatives in accordance with 

14 section 605 of this Act. 

15 FEDERAL LAW ENFORCEMENT TRAINING CENTER

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Law Enforce18 ment Training Center, including materials and support 

19 costs of Federal law enforcement basic training; purchase 

20 of not to exceed 117 vehicles for police-type use and hire 

21 of passenger motor vehicles; for expenses for student athletic 

22 and related activities; the conducting of and participating 

23 in firearms matches and presentation of awards; for public 

24 awareness and enhancing community support of law en25 forcement training; room and board for student interns; 
56

HR 2555 RS 

1 and services as authorized by section 3109 of title 5, United 

2 States Code, $172,736,000, of which up to $44,413,000 for 

3 materials and support costs of Federal law enforcement 

4 basic training shall remain available until September 30, 

5 2005: Provided, That in fiscal year 2004 and thereafter, 

6 the Center is authorized to accept and use gifts of property, 

7 both real and personal, and to accept services, for author8 ized purposes: Provided further, That in fiscal year 2004 

9 and thereafter, the Center is authorized to accept detailees 

10 from other Federal agencies, on a non-reimbursable basis, 

11 to staff the accreditation function: Provided further, That 

12 notwithstanding any other provision of law, in fiscal year 

13 2004 and thereafter, students attending training at any 

14 Center site shall reside in on-Center or Center-provided 

15 housing, insofar as available and in accordance with Center 

16 policy: Provided further, That in fiscal year 2004 and 

17 thereafter, funds appropriated in this account shall be 

18 available, at the discretion of the Director, for the following: 

19 training United States Postal Service law enforcement per20 sonnel and Postal police officers; State and local govern21 ment law enforcement training on a space-available basis; 

22 training of foreign law enforcement officials on a space23 available basis with reimbursement of actual costs to this 

24 appropriation, except that reimbursement may be waived 

25 by the Secretary for law enforcement training activities in 
57

HR 2555 RS 

1 foreign countries undertaken under section 801 of the 

2 Antiterrorism and Effective Death Penalty Act of 1996 

3 (Public Law 104–32); training of private sector security of4 ficials on a space-available basis with reimbursement of ac5 tual costs to this appropriation; and travel expenses of non6 Federal personnel to attend course development meetings 

7 and training sponsored by the Center: Provided further, 

8 That in fiscal year 2004 and thereafter, the Center is au9 thorized to obligate funds in anticipation of reimbursements 

10 from agencies receiving training sponsored by the Center, 

11 except that total obligations at the end of the fiscal year 

12 shall not exceed total budgetary resources available at the 

13 end of the fiscal year: Provided further, That in fiscal year 

14 2004 and thereafter, the Center is authorized to provide 

15 short-term medical services for students undergoing train16 ing at the Center. 

17 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

18 RELATED EXPENSES

19 For expansion of the Federal Law Enforcement Train20 ing Center, for acquisition of necessary additional real 

21 property and facilities, and for ongoing maintenance, facil22 ity improvements, and related expenses, $28,708,000, to re23 main available until expended. 
58

HR 2555 RS 

1 OFFICE FOR DOMESTIC PREPAREDNESS

2 STATE AND LOCAL PROGRAMS

3 For grants, contracts, cooperative agreements, and 

4 other activities, including grants to State and local govern5 ments for terrorism prevention activities, notwithstanding 

6 any other provision of law, $2,888,000,000, which shall be 

7 allocated as follows: 

8 (1) $1,750,000,000 for grants pursuant to section 

9 1014 of the USA PATRIOT Act of 2001 (42 U.S.C. 

10 3711), of which $500,000,000 shall be available for 

11 State and local law enforcement terrorism prevention 

12 grants: Provided, That no funds shall be made avail13 able to any State prior to the submission of an up14 dated state plan to the Office for Domestic Prepared15 ness: Provided further, That the application for 

16 grants shall be made available to States within 15 

17 days after enactment of this Act; and that States shall 

18 submit applications within 30 days after the grant 

19 announcement; and that the Office for Domestic Pre20 paredness shall act on each application within 15 

21 days after receipt: Provided further, That each State 

22 shall obligate not less than 80 percent of the total 

23 amount of the grant to local governments within 45 

24 days after the grant award; 

25 (2) $30,000,000 for technical assistance; 
59

HR 2555 RS 

1 (3) $750,000,000 for discretionary grants for use 

2 in high-threat urban areas, as determined by the Sec3 retary of Homeland Security: Provided, That no less 

4 than 80 percent of any grant to a State shall be made 

5 available by the State to local governments within 45 

6 days after the receipt of the funds: Provided further, 

7 That section 1014(c)(3) of the USA PATRIOT Act of 

8 2001 (42 U.S.C. 3711) shall not apply to these grants; 

9 and 

10 (4) $358,000,000 for national programs: 

11 Provided, That none of the funds appropriated under this 

12 heading shall be used for the construction or renovation of 

13 facilities: Provided further, That funds appropriated for 

14 State and local law enforcement terrorism prevention 

15 grants under paragraph (1) and discretionary grants under 

16 paragraph (3) of this heading shall be available for oper17 ational costs, to include personnel overtime and overtime 

18 associated with Office for Domestic Preparedness certified 

19 training as needed: Provided further, That the Secretary 

20 of Homeland Security shall notify the Committees on Ap21 propriations of the Senate and House of Representatives 15 

22 days prior to the obligation of any amount of the funds 

23 provided under paragraphs (1) and (3) of this heading. 

24 FIREFIGHTER ASSISTANCE GRANTS

25 For necessary expenses for programs authorized by sec26 tion 33 of the Federal Fire Prevention and Control Act of 
60

HR 2555 RS 

1 1974 (15 U.S.C. 2201 et seq.), $750,000,000, to remain 

2 available until September 30, 2005: Provided, That up to 

3 5 percent of this amount shall be available for program ad4 ministration. 

5 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

6 PREPAREDNESS AND RESPONSE

7 For necessary expenses for the Office of the Under Sec8 retary for Emergency Preparedness and Response as au9 thorized by section 502 of the Homeland Security Act of 

10 2002 (6 U.S.C. 312), $3,615,000. 

11 EMERGENCY PREPAREDNESS AND RESPONSE

12 OPERATING EXPENSES

13 (INCLUDING RESCISSION OF FUNDS)

14 For necessary expenses of the Emergency Preparedness 

15 and Response Directorate, $826,801,000, to remain avail16 able until expended, including activities authorized by the 

17 National Flood Insurance Act of 1968 (42 U.S.C. 4011 et 

18 seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 

19 4001 et seq.), the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Fed21 eral Fire Prevention and Control Act of 1974 (15 U.S.C. 

22 2201 et seq.), the Earthquake Hazards Reduction Act of 

23 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act 

24 of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 

25 303 of the National Security Act of 1947 (50 U.S.C. 404, 

26 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 903 
61

HR 2555 RS 

1 note), and the Homeland Security Act of 2002 (6 U.S.C. 

2 101 et seq.): Provided, That of the amount provided under 

3 this heading: $163,000,000 shall be for activities relating 

4 to Preparedness, Mitigation, Response and Recovery; 

5 $434,000,000 shall be for Public Health Programs, includ6 ing the Disaster Medical Assistance Teams and the Stra7 tegic National Stockpile; $165,214,000 shall be for Adminis8 trative and Regional Operations; and $64,587,000 shall be 

9 for Urban Search and Rescue Teams. 

10 In addition, of the funds appropriated under this 

11 heading by Public Law 108–11 (117 Stat. 583), $3,000,000 

12 are hereby rescinded. 

13 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

14 The aggregate charges assessed during fiscal year 2004, 

15 as authorized by the Energy and Water Development Ap16 propriations Act, 2001 (Public Law 106–377; 114 Stat. 

17 114A–46), shall not be less than 100 percent of the amounts 

18 anticipated by the Department of Homeland Security nec19 essary for its radiological emergency preparedness program 

20 for the next fiscal year. The methodology for assessment and 

21 collection of fees shall be fair and equitable; and shall reflect 

22 costs of providing such services, including administrative 

23 costs of collecting such fees. Fees received under this heading 

24 shall be deposited in this account as offsetting collections 

25 and will become available for authorized purposes on Octo26 ber 1, 2004, and remain available until expended. 
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HR 2555 RS 

1 DISASTER RELIEF

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses in carrying out the Robert T. 

4 Stafford Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5121 et seq.), $1,956,000,000, notwithstanding the 

6 matter under the heading ‘‘Disaster Relief’’ under the head7 ing ‘‘Federal Emergency Management Agency’’ of chapter 

8 II of title I of Public Law 102–229 (42 U.S.C. 5203), to 

9 remain available until expended; of which not to exceed 

10 $22,000,000 shall be transferred to and merged with the ap11 propriation for ‘‘Office of the Inspector General’’ for audits 

12 and investigations. 

13 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

15 Robert T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5162): Provided, That gross obligations 

17 for the principal amount of direct loans not to exceed 

18 $25,000,000: Provided further, That the cost of modifying 

19 such loans shall be as defined in section 502 of the Congres20 sional Budget Act of 1974 (2 U.S.C. 661a). In addition, 

21 for administrative expenses to carry out the direct loan pro22 gram, $557,000. 

23 NATIONAL PRE-DISASTER MITIGATION FUND

24 For a pre-disaster mitigation grant program pursuant 

25 to title II of the Robert T. Stafford Disaster Relief and 

26 Emergency Assistance Act (42 U.S.C. 5131 et seq.), 
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HR 2555 RS 

1 $150,000,000, to remain available until expended: Pro2 vided, That grants made for pre-disaster mitigation shall 

3 be awarded on a competitive basis subject to the criteria 

4 in section 203 of the Robert T. Stafford Disaster Relief and 

5 Emergency Assistance Act (42 U.S.C. 5133(g)): Provided 

6 further, That, notwithstanding section 203(f) of that Act (42 

7 U.S.C. 5133(f)), grant awards shall be made without ref8 erence to State allocations, quotas, or other formula-based 

9 allocation of funds: Provided further, That total adminis10 trative costs shall not exceed 3 percent of the total appro11 priation. 

12 FLOOD MAP MODERNIZATION FUND

13 For necessary expenses pursuant to section 1360 of the 

14 National Flood Insurance Act of 1968 (42 U.S.C. 4101), 

15 $200,000,000, and such additional sums as may be pro16 vided by State and local governments or other political sub17 divisions for cost-shared mapping activities under section 

18 1360(f)(2) of such Act, to remain available until expended: 

19 Provided, That total administrative costs shall not exceed 

20 3 percent of the total appropriation. 

21 NATIONAL FLOOD INSURANCE FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For activities under the National Flood Insurance Act 

24 of 1968 (42 U.S.C. 4011 et seq.) and the Flood Disaster 

25 Protection Act of 1973 (42 U.S.C. 4001 et seq.), not to ex26 ceed $32,663,000 for salaries and expenses associated with 
64

HR 2555 RS 

1 flood mitigation and flood insurance operations; and not 

2 to exceed $77,809,000 for flood hazard mitigation, to re3 main available until September 30, 2005, including up to 

4 $20,000,000 for expenses under section 1366 of the National 

5 Flood Insurance Act of 1968 (42 U.S.C. 4104c), which 

6 amount shall be available for transfer to the National Flood 

7 Mitigation Fund until September 30, 2005, and which 

8 amounts shall be derived from offsetting collections assessed 

9 and collected pursuant to section 1307 of that Act (42 

10 U.S.C. 4014), and shall be retained and used for necessary 

11 expenses under this heading: Provided, That in fiscal year 

12 2004, no funds in excess of: (1) $55,000,000 for operating 

13 expenses; (2) $565,897,000 for agents’ commissions and 

14 taxes; and (3) $40,000,000 for interest on Treasury bor15 rowings shall be available from the National Flood Insur16 ance Fund. 

17 NATIONAL FLOOD MITIGATION FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 Notwithstanding subparagraphs (B) and (C) of sub20 section (b)(3), and subsection (f) of section 1366 of the Na21 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

22 $20,000,000, to remain available until September 30, 2005, 

23 for activities designed to reduce the risk of flood damage 

24 to structures pursuant to such Act, of which $20,000,000 

25 shall be derived from the National Flood Insurance Fund. 
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1 EMERGENCY MANAGEMENTPERFORMANCE GRANTS

2 For necessary expenses for emergency management 

3 performance grants, as authorized by the National Flood 

4 Insurance Act of 1968 and the Flood Disaster Protection 

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

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

7 5121 et seq.), the Earthquake Hazards Reductions Act of 

8 1977 (42 U.S.C. 7701 et seq.), and the Reorganization Plan 

9 No. 3 of 1978 (5 U.S.C. 903 note), $165,000,000. 

10 EMERGENCY FOOD AND SHELTER

11 To carry out an emergency food and shelter program 

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

13 11331 et seq.), $153,000,000, to remain available until ex14 pended: Provided, That total administrative costs shall not 

15 exceed 3.5 percent of the total appropriation. 

16 CERRO GRANDE FIRE CLAIMS

17 For payment of claims under the Cerro Grande Fire 

18 Assistance Act (Public Law 106–246; 114 Stat. 583), 

19 $38,062,000, to remain available until expended: Provided, 

20 That up to 5 percent of this amount may be made available 

21 for administrative costs. 

22 OFFICE OF THE UNDER SECRETARY FOR INFORMATION

23 ANALYSIS AND INFRASTRUCTURE PROTECTION

24 For necessary expenses of the Office of the Under Sec25 retary for Information Analysis and Infrastructure Protec26 tion as authorized by section 201 of the Homeland Security 
66

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1 Act of 2002 (6 U.S.C. 121), $10,460,000; of which 

2 $5,442,000 shall be for operations of the Department of 

3 Homeland Security Command Center. 

4 INFORMATION ANALYSIS AND INFRASTRUCTURE

5 PROTECTION, OPERATING EXPENSES

6 For necessary expenses for information analysis and 

7 infrastructure protection as authorized by section 201 of the 

8 Homeland Security Act of 2002 (6 U.S.C. 121), 

9 $823,700,000, to remain available until September 30, 

10 2005. 

11 TITLE V—RESEARCH AND DEVELOPMENT 

12 OFFICE OF THE UNDER SECRETARY FOR SCIENCE AND

13 TECHNOLOGY

14 For necessary expenses of the Office of the Under Sec15 retary for Science and Technology as authorized by section 

16 302 of the Homeland Security Act of 2002 (6 U.S.C. 182), 

17 $5,400,000. 

18 SCIENCE AND TECHNOLOGY, RESEARCH, DEVELOPMENT, 

19 ACQUISITION AND OPERATIONS

20 For necessary expenses for science and technology re21 search, development, acquisition, and operations, as author22 ized by sections 302, 307, and 308 of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 182, 187, 188), $866,000,000, 

24 to remain available until expended; of which $55,000,000 

25 is for university-based centers for homeland security as au-
67

HR 2555 RS 

1 thorized by section 308(b)(2) of the Homeland Security Act 

2 of 2002 (6 U.S.C. 188(b)(2)); and of which $70,000,000 is 

3 provided for the centralized Federal technology clearing4 house as authorized by section 313 of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 193): Provided, That of the total 

6 amount appropriated, $20,000,000 shall be available for the 

7 construction of the National Biodefense Analysis and Coun8 termeasures Center. 

9 TITLE VI—GENERAL PROVISIONS 

10 (INCLUDING TRANSFERS OF FUNDS)

11 SEC. 601. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 602. The Federal Emergency Management Agen15 cy ‘‘Working Capital Fund’’ shall be available to the De16 partment of Homeland Security, as authorized by sections 

17 503 and 1517 of the Homeland Security Act of 2002 (6 

18 U.S.C. 313 and 557), for expenses and equipment necessary 

19 for maintenance and operations of such administrative 

20 services as the Secretary determines may be performed more 

21 advantageously as central services: Provided, That such 

22 fund shall hereafter be known as the ‘‘Department of Home23 land Security Working Capital Fund’’. 

24 SEC. 603. The Federal Emergency Management Agen25 cy ‘‘Bequests and Gifts’’ account shall be available to the 
68

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1 Department of Homeland Security, as authorized by sec2 tions 503 and 1517 of the Homeland Security Act of 2002 

3 (6 U.S.C. 313 and 557), for the Secretary of Homeland Se4 curity to accept, hold, administer and utilize gifts and be5 quests, including property, to facilitate the work of the De6 partment of Homeland Security: Provided, That such fund 

7 shall hereafter be known as ‘‘Department of Homeland Se8 curity, Gifts and Donations’’: Provided further, That any 

9 gift or bequest is to be used in accordance with the terms 

10 of that gift or bequest to the greatest extent practicable. 

11 SEC. 604. No employee of the Department of Homeland 

12 Security may be detailed or assigned from an agency, bu13 reau, or office funded by this Act to any other agency, bu14 reau, or office of the Department for more than 30 days 

15 unless the individual’s employing agency or office is fully 

16 reimbursed by the receiving agency or office for the salary 

17 and expenses of the employee for the period of assignment 

18 unless expressly so provided herein. 

19 SEC. 605. (a) None of the funds provided by this Act, 

20 or provided by previous appropriations Acts to the agencies 

21 in or transferred to the Department of Homeland Security 

22 that remain available for obligation or expenditure in fiscal 

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

24 of the United States derived by the collection of fees avail25 able to the agencies funded by this Act shall be available 
69

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1 for obligation or expenditure through a reprogramming of 

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

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

4 program, project, or activity for which funds have been de5 nied or restricted by Congress; or (4) proposes to use funds 

6 directed for a specific activity by either the House or Senate 

7 Committees on Appropriations for a different purpose, un8 less the Committees on Appropriations of the Senate and 

9 the House of Representatives are notified 15 days in ad10 vance of such reprogramming of funds. 

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

12 by previous appropriations Acts to the agencies in or trans13 ferred to the Department of Homeland Security that remain 

14 available for obligation or expenditure in fiscal year 2004, 

15 or provided from any accounts in the Treasury of the 

16 United States derived by the collection of fees available to 

17 the agencies funded by this Act, shall be available for obliga18 tion or expenditure for programs, projects, or activities 

19 through a reprogramming of funds in excess of $5,000,000 

20 or 10 percent, whichever is less, that: (1) augments existing 

21 programs, projects, or activities; (2) reduces by 10 percent 

22 funding for any existing program, project, or activity, or 

23 numbers of personnel by 10 percent as approved by Con24 gress; or (3) results from any general savings from a reduc25 tion in personnel which would result in a change in existing 
70

HR 2555 RS 

1 programs, projects or activities, as approved by Congress; 

2 unless the Committees on Appropriations of the Senate and 

3 the House of Representatives are notified 15 days in ad4 vance of such reprogramming of funds. 

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

6 available for the current fiscal year to the Department of 

7 Homeland Security by this Act or provided by previous ap8 propriations Acts may be transferred between such appro9 priations, but no such appropriation, except otherwise spe10 cifically provided, shall be increased by more than 10 per11 cent by any such transfers: Provided, That any transfer 

12 under this section shall be treated as a reprogramming of 

13 funds under subsection (b) of this section and shall not be 

14 available for obligation unless the Committees on Appro15 priations of the Senate and the House of Representatives 

16 are notified 15 days in advance of such transfer. 

17 SEC. 606. Of the funds appropriated by this Act or 

18 otherwise made available, not to exceed $100,000 may be 

19 used for official reception and representation expenses when 

20 specifically approved by the Secretary. 

21 SEC. 607. Funds made available by this Act for intel22 ligence activities are deemed to be specifically authorized 

23 by the Congress for purposes of section 504 of the National 

24 Security Act of 1947 (50 U.S.C. 414) during fiscal year 
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1 2004 until the date of enactment of an Act authorizing in2 telligence activities for fiscal year 2004. 

3 SEC. 608. The Federal Law Enforcement Training 

4 Center is directed to establish an accrediting body that will 

5 include representatives from the Federal law enforcement 

6 community, as well as non-Federal accreditation experts 

7 involved in law enforcement training. The purpose of this 

8 body will be to establish standards for measuring and as9 sessing the quality and effectiveness of Federal law enforce10 ment training programs, facilities, and instructors. 

11 SEC. 609. For fiscal year 2004 and thereafter, none 

12 of the funds made available by this Act may be used for 

13 the production of customs declarations that do not inquire 

14 whether the passenger had been in the proximity of live15 stock. 

16 SEC. 610. For fiscal year 2004 and thereafter, none 

17 of the funds made available by this Act shall be available 

18 for any activity or for paying the salary of any Government 

19 employee where funding an activity or paying a salary to 

20 a Government employee would result in a determination, 

21 regulation, or policy that would prohibit the enforcement 

22 of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). 

23 SEC. 611. For fiscal year 2004 and thereafter, none 

24 of the funds made available by this Act may be used to 

25 allow—
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1 (1) the importation into the United States of 

2 any good, ware, article, or merchandise mined, pro3 duced, or manufactured by forced or indentured child 

4 labor, as determined under section 307 of the Tariff 

5 Act of 1930 (19 U.S.C. 1307); or 

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

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

8 in effect a detention order under such section 307 on 

9 the basis that the good, ware, article, or merchandise 

10 may have been mined, produced, or manufactured by 

11 forced or indentured child labor. 

12 SEC. 612. Unless otherwise provided, funds may be 

13 used for purchase of insurance for official motor vehicles 

14 operated in foreign countries, and for the hire and purchase 

15 of motor vehicles as authorized by section 1343 of title 31, 

16 United States Code: Provided, That purchase for police-type 

17 use of passenger vehicles may be made without regard to 

18 the general purchase price limitation for the current fiscal 

19 year. 

20 SEC. 613. Unless otherwise provided, funds may be 

21 used for uniforms without regard to the general purchase 

22 price limitation for the current fiscal year. 

23 SEC. 614. None of the funds made available by this 

24 Act shall be used to pay the salaries and expenses of per25 sonnel to adopt guidelines or regulations requiring airport 
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1 sponsors to provide to the Transportation Security Admin2 istration without cost building construction, maintenance, 

3 utilities and expenses, or space in airport sponsor-owned 

4 buildings for services relating to aviation security: Pro5 vided, That the prohibition of funds in this section does not 

6 apply to negotiations between the agency and airport spon7 sors to achieve agreement on ‘‘below-market’’ rates for these 

8 items or to grant assurances that require airport sponsors 

9 to provide land without cost to the Transportation Security 

10 Administration for necessary security checkpoints. 

11 SEC. 615. (a) None of the funds provided by this or 

12 previous appropriations Acts may be obligated for testing 

13 (other than simulations), deployment, or implementation of 

14 the Computer Assisted Passenger Prescreening System 

15 (CAPPS II) that the Transportation Security Administra16 tion (TSA) plans to utilize to screen aviation passengers, 

17 until the General Accounting Office has reported to the 

18 Committees on Appropriations of the Senate and the House 

19 of Representatives that—

20 (1) a system of due process exists whereby avia21 tion passengers determined to pose a threat and either 

22 delayed or prohibited from boarding their scheduled 

23 flights by the TSA may appeal such decision and cor24 rect erroneous information contained in CAPPS II; 
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1 (2) the underlying error rate of the government 

2 and private data bases that will be used both to estab3 lish identity and assign a risk level to a passenger 

4 will not produce a large number of false positives that 

5 will result in a significant number of passengers 

6 being treated mistakenly or security resources being 

7 diverted; 

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

9 the efficacy and accuracy of all search tools in 

10 CAPPS II and has demonstrated that CAPPS II can 

11 make an accurate predictive assessment of those pas12 sengers who may constitute a threat to aviation; 

13 (4) the Secretary of Homeland Security has es14 tablished an internal oversight board to monitor the 

15 manner in which CAPPS II is being developed and 

16 prepared; 

17 (5) the TSA has built in sufficient operational 

18 safeguards to reduce the opportunities for abuse; 

19 (6) substantial security measures are in place to 

20 protect CAPPS II from unauthorized access by hack21 ers or other intruders; 

22 (7) the TSA has adopted policies establishing ef23 fective oversight of the use and operation of the sys24 tem; and 
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1 (8) there are no specific privacy concerns with 

2 the technological architecture of the system. 

3 (b) The General Accounting Office shall submit the re4 port required under paragraph (a) of this section no later 

5 than 60 days after the enactment of this Act.

6 This Act may be cited as the ‘‘Department of Home7 land Security Appropriations Act, 2004’’. 

Calendar No. 192

108TH CONGRESS 

1ST SESSION H.R. 2555

[Report No. 108–86] 

AN ACT

Making appropriations for the Department of 

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

JUNE 25, 2003

Received; read twice and referred to the Committee on 

Appropriations 

JULY 10, 2003

Reported with an amendment