88–198 PDF

Calendar No. 192

108TH CONGRESS REPORT

1st Session " ! SENATE 108–86

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS

BILL, 2004

JULY 10, 2003.—Ordered to be printed

Mr. COCHRAN, from the Committee on Appropriations,

submitted the following

REPORT

[To accompany H.R. 2555]

The Committee on Appropriations, to which was referred the bill

(H.R. 2555) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2004, and

for other purposes, reports the same to the Senate with an amendment and recommends that the bill as amended do pass.

Total obligational authority, fiscal year 2004

Amount of bill as reported to the Senate ............... $29,326,000,000

Amount of 2003 appropriations acts to date 1 ........ 29,286,761,000

Amount of estimates, 2004 2 .................................... 29,176,994,000

The bill as recommended to the Senate:

Over the appropriations provided in 2003 ...... 39,329,000

Over the estimates for 2004 ............................. 149,006,000 1 Includes total of $6,306,500,000 in supplemental appropriations provided by Public Law 108–11. 2 Includes $890,000,000 for biodefense countermeasures. The budget proposes legislation to establish a new permanent, indefinite authority to fund this activity in

lieu of discretionary appropriations.
(2)

CONTENTS

DEPARTMENT OF HOMELAND SECURITY

Page

Overview and Summary of the Bill ........................................................................ 4

Title I—Departmental Operations, Management, and Oversight:

Departmental Operations ................................................................................ 6

Office of the Secretary and Executive Management ...................................... 6

Office of the Under Secretary for Management ............................................. 10

Department-Wide Technology Investments ................................................... 11

Office of the Inspector General ........................................................................ 11

Title II—Services: Citizenship and Immigration Services ................................... 13

Title III—Security, Enforcement, and Investigations:

Office of the Under Secretary for Border and Transportation Security ...... 15

Salaries and Expenses .............................................................................. 15

United States Visitor and Immigrant Status Indicator Technology ..... 16

Customs and Border Protection:

Summary .................................................................................................... 17

Salaries and Expenses .............................................................................. 17

Automation Modernization ....................................................................... 21

Construction ............................................................................................... 22

Immigration and Customs Enforcement:

Summary .................................................................................................... 22

Salaries and Expenses .............................................................................. 23

Air and Marine Interdiction, Operations, Maintenance and Procurement ........................................................................................................ 25

Construction ............................................................................................... 26

Transportation Security Administration:

Aviation Security ....................................................................................... 27

Maritime and Land Security .................................................................... 30

Intelligence ................................................................................................. 31

Research and Development ...................................................................... 31

Administration ........................................................................................... 32

United States Coast Guard:

Summary .................................................................................................... 33

Operating Expenses .................................................................................. 34

Environmental Compliance and Restoration .......................................... 38

Reserve Training ....................................................................................... 38

Acquisition, Construction, and Improvements ........................................ 39

Research, Development, Test and Evaluation ........................................ 41

Retired Pay ................................................................................................ 42

United States Secret Service:

Salaries and Expenses .............................................................................. 42

Acquisition, Construction, Improvements, and Related Expenses ........ 43

Title IV—Assessments, Preparedness, and Recovery:

Counterterrorism Fund .................................................................................... 45

Federal Law Enforcement Training Center:

Salaries and Expenses .............................................................................. 45

Acquisition, Construction, Improvements, and Related Expenses ........ 46

Office for Domestic Preparedness:

State and Local Programs ........................................................................ 47

Firefighter Assistance Grants .................................................................. 49

Office of the Under Secretary for Emergency Preparedness and Response ............................................................................................................. 50

Emergency Preparedness and Response:

Operating Expenses .................................................................................. 50
Page

3

Title IV—Assessments, Preparedness, and Recovery—Continued

Emergency Preparedness and Response—Continued

Radiological Emergency Preparedness Program .................................... 52

Disaster Relief ........................................................................................... 53

Disaster Assistance Direct Loan Program Account ................................ 53

National Pre-Disaster Mitigation Fund ................................................... 54

Flood Map Modernization Fund ............................................................... 54

National Flood Insurance Fund ............................................................... 55

National Flood Mitigation Fund .............................................................. 56

Emergency Management Performance Grants ....................................... 56

Emergency Food and Shelter ................................................................... 56

Cerro Grande Fire Claims ........................................................................ 57

Office of the Under Secretary for Information Analysis and Infrastructure

Protection ....................................................................................................... 57

Information Analysis and Infrastructure Protection, Operating Expenses ............................................................................................................. 58

Title V—Research and Development:

Office of the Under Secretary for Science and Technology ........................... 60

Science and Technology, Research, Development, Acquisition and Operations .............................................................................................................. 60

Title VI—General Provisions .................................................................................. 64

Program, Project, and Activity ............................................................................... 65

Compliance With Paragraph 7, Rule XVI of the Standing Rules of the Senate .......................................................................................................................... 66

Compliance With Paragraph 7(C), Rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 66

Compliance With Paragraph 12, Rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 67
(4)

OVERVIEW AND SUMMARY OF THE BILL

The amounts of obligational authority for each of the six titles of

the bill are shown on the following table. A detailed tabulation,

showing comparisons, appears at the end of this report. Recommendations for individual appropriations for organizations, programs, projects, and activities are carried in this bill under the appropriate account headings.

Fiscal year 2004

request

Fiscal year 2004

Committee

recommendation

Title I—Departmental Operations, Management, and Oversight .............................. $580,118,000 $516,292,000

Title II—Services ........................................................................................................ 235,000,000 229,377,000

Title III—Security, Enforcement, and Investigations ................................................. 18,655,162,000 19,436,820,000

Title IV—Assessments, Preparedness and Recovery ................................................. 1 8,903,354,000 2 8,272,111,000

Title V—Research and Development ......................................................................... 803,360,000 871,400,000

Total, new budget (obligational authority) ................................................... 1 29,176,994,000 2 29,326,000,000

1 Includes $890,000,000 for biodefense countermeasures. The budget proposes legislation to establish a new permanent, indefinite authority

to fund this activity in lieu of discretionary appropriations. 2 Excludes appropriations for biodefense countermeasures. The fiscal year 2004 budget resolution includes a reserve for this activity.

The Committee recommends total new appropriations of $29,326,000,000 for the Department of Homeland Security for fiscal

year 2004, $1,039,006,000 more than the budget request, excluding

funding for biodefense countermeasures. Of this amount,

$28,521,000,000 is for discretionary programs.

The Committee recommends total appropriations of $8,168,762,000 for the defense of our borders and investigations

and enforcement of our immigration and customs laws. For the Bureau of Customs and Border Protection, the Committee provides a

total of $4,900,485,000, including $441,122,000 for automation

modernization. For the Bureau of Immigration and Customs Enforcement, the Committee provides a total of $2,888,277,000, including $424,211,000 for the Federal Protective Service and

$257,291,000 for the Air and Marine Interdiction Program. In addition, the Committee recommends $380,000,000 for the US Visitor

and Immigrant Status Indicator Technology project. The Committee also recommends total appropriations of $229,377,000 for

the Bureau of Citizenship and Immigration Services.

The Committee recommends total appropriations of

$5,395,900,000 for the Transportation Security Administration, further providing a commitment to secure all modes of transportation

by providing funding for the following: $150,500,000 for the procurement of explosive detection systems; $309,000,000 for installation of explosive detection systems; $150,000,000 for port security

grants; $30,000,000 for operation safe commerce; $45,000,000 for

research and development of next generation explosive detection

systems; $25,000,000 for trucking industry grants; and $10,000,000

for intercity bus security.
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The Committee recommends a total of $6,886,000,000 for the

United States Coast Guard, including $340,000,000 for defense-related activities; $40,00,000 for the Automatic Identification System;

and $134,000,000 for Rescue 21. In addition, the Committee understands there has been a shortfall in funding for the Integrated

Deepwater Systems [IDS] program and recommends $702,000,000,

a $202,000,000 increase above the fiscal year 2004 budget request,

in an effort to bring the IDS program back in line with the original

20-year projected time frame for its completion. The Committee recommends a total of $3,574,892,000 for the

Emergency Preparedness and Response Directorate, including:

$1,956,000,000 for disaster relief; $200,000,000 for the flood map

modernization activities; and $153,000,000 for the emergency food

and shelter program. In addition, the Committee recognizes the importance of Emergency Management Performance Grants in assisting States with an all-hazards approach to disaster preparedness

and recovery, and recommends $165,000,000 for the program. The Committee provides total appropriations of $823,700,000 for

information analysis and infrastructure protection with the following recommendations: $98,500,000 for cybersecurity infrastructure monitoring and coordination; $293,900,000 for critical infrastructure identification, assessments, and protection implementation; and $155,100,000 for the National Communications System.

For science and technology, the Committee recommends total ap- propriations of $866,000,000, with the following recommendations:

$18,000,000 for cyber security; $70,000,000 for rapid prototyping;

$55,000,000 for university programs; and $72,000,000 for critical

infrastructure protection.

To further strengthen the capacity of the Nation’s first responders to prepare for and respond to possible terrorist threats and

other emergencies, the Committee provides a total of

$3,743,000,000. For the Office for Domestic Preparedness, the Committee recommends a total of $3,638,000,000, including:

$1,250,000,000 for the State and local basic formula grants;

$500,000,000 for State and local law enforcement terrorism prevention grants; and $750,000,000 for high-threat urban area discretionary grants. The Committee also provides $750,000,000 for firefighter assistance grants, to remain as a stand-alone program. An

additional $165,000,000 is available for emergency management

performance grants through the Emergency Preparedness and Response Directorate.
(6)

DEPARTMENT OF HOMELAND SECURITY

TITLE I—DEPARTMENTAL OPERATIONS, MANAGEMENT,

AND OVERSIGHT

DEPARTMENTAL OPERATIONS

Appropriations, 2003 ............................................................................. $195,370,000

Budget estimate, 2004 ........................................................................... 294,000,000

Committee recommendation ................................................................. ...........................

The Departmental Operations account funds basic support to the

Secretary of Homeland Security, including executive planning and

decision-making, management of departmental operations and the

departmental headquarters building, and other program support

requirements to ensure effective management and operation of the

Department.

COMMITTEE RECOMMENDATIONS

The Committee does not recommend appropriations for a consolidated ‘‘Departmental Operations’’ account, as requested. Instead,

the Committee recommends appropriations for these activities

under the ‘‘Office of the Secretary and Executive Management’’,

‘‘Office of the Under Secretary for Management’’, ‘‘Office of the

Under Secretary for Border and Transportation Security’’, ‘‘Office of

the Under Secretary for Emergency Preparedness and Response’’,

‘‘Office of the Under Secretary for Information Analysis and Infrastructure Protection’’, and ‘‘Office of the Under Secretary for

Science and Technology’’ accounts.

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $83,653,000

1 Included under ‘‘Departmental Operations’’ account.

The Office of the Secretary and Executive Management directs

and leads the Department and provides policy guidance to operating bureaus within the organization. The specific activities funded by this account include: the Immediate Office of the Secretary

of Homeland Security, the Immediate Office of the Deputy Secretary, the Office of Security, the Chief of Staff, the Executive Secretary, the Special Assistant to the Secretary/Private Sector, the

Office for National Capital Region Coordination, the Office for

State and Local Government Coordination, the Office of International Affairs, the Office of Public Affairs, the Office of Legislative Affairs, the Office of the General Counsel, the Officer for Civil

Rights and Civil Liberties, the Citizenship and Immigration Services Ombudsman, the Homeland Security Advisory Committee, and

the Privacy Officer.
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COMMITTEE RECOMMENDATIONS

The Committee recommends $83,653,000 for the Office of the

Secretary and Executive Management. Included in this amount is

$42,678,000 for salaries and benefits; $2,575,000 for travel;

$1,249,000 for supplies; $271,000 for training; and $36,880,000 for

other expenses.

The specific levels recommended by the Committee are as follows:

[In millions of dollars]

Immediate Office of the Secretary ....................................................................................................................... 1,906

Immediate Office of the Deputy Secretary .......................................................................................................... 1,010

Office of Security ................................................................................................................................................. 19,720

Chief of Staff ....................................................................................................................................................... 4,726

Executive Secretary .............................................................................................................................................. 5,508

Special Assistant to the Secretary/Private Sector ............................................................................................... 4,088

Office of National Capital Region Coordination .................................................................................................. 528

Office for State and Local Government Coordination ......................................................................................... 3,168

Office of International Affairs .............................................................................................................................. 1,200

Office of Public Affairs ........................................................................................................................................ 8,644

Office of Legislative Affairs ................................................................................................................................. 6,458

Office of the General Counsel ............................................................................................................................. 9,662

Office for Civil Rights and Civil Liberties ........................................................................................................... 14,525

Citizenship and Immigration Services Ombudsman ........................................................................................... 1,160

Homeland Security Advisory Committee .............................................................................................................. 675

Privacy Officer ...................................................................................................................................................... 675

Total ........................................................................................................................................................ 83,653

Non-Homeland Security Missions of the Department.—The Department of Homeland Security is charged with carrying out functions vital to the protection of our Nation. The Department has also

been charged with the responsibility for significant non-homeland

security functions, such as counterfeit investigations of the United

States Secret Service, search and rescue and fisheries enforcement

of the United States Coast Guard, intellectual property investigations of the Bureau of Immigration and Customs Enforcement,

trade enforcement by the Bureau of Customs and Border Protection, and the granting of citizenship to eligible immigrants by the

Bureau of Citizenship and Immigration Services. The Secretary is

directed to submit an annual report on the resources devoted to

non-homeland security missions of the Department. This report is

to clearly identify all non-homeland security functions of each of

the Department’s organizations by appropriations account, program, project and activity, and the full-time equivalent positions

and dollars devoted to each for a period of at least 3 fiscal years,

including the prior fiscal year, the current fiscal year, and the

budget year. The report is to be submitted to the Committees on

Appropriations of the Senate and House of Representatives by February 15 of each year.

White House Mail Screening and Processing.—The Committee

supports the efforts of the Secret Service to initiate a study, to be

completed by the end of calendar year 2003, that will focus on

methods, operations, and technological issues related to White

House mail. The Secret Service was never intended to inherit the

sole responsibility associated with the establishment of a permanent screening facility for White House mail. Therefore, the De-
8

partment is directed to submit a long-term plan for the establishment of a fully operational White House mail facility. This plan

should be a collaborative effort between the Office of the Secretary,

the Secret Service, the Executive Office of the President Office of

Administration, the Department’s Science and Technology Directorate, the General Services Administration, and the United States

Army Soldier and Biological Command, and any other agencies the

Secretary may identify as appropriate. The plan should include: (1)

a cost estimate for establishing such a facility; (2) an implementation schedule, including site selection, planning, design, and construction; (3) agency roles and responsibilities for funding the facility; and (4) a strategy to address the growing backlog of undelivered mail to the White House complex. The plan is to be submitted

to the Committee by February 2, 2004.

Training and Training Facilities.—The Committee supports the

efforts of Department to fully assess training requirements of its

employees and to review the proper use of all Department training

facilities. The Committee is aware that the integration of government agencies and assets under the Department’s jurisdiction may

necessitate a new or revised training requirement plan and that

adequate guidance needs to be provided by the Department to its

agencies. Training facilities within the Department should be fully

utilized and duplicative training activities should be eliminated to

maximize the efficient use of resources. The Secretary is directed

to assess the training needs and facilities owned or used by the Department of Homeland Security and to develop a plan for their

proper use. This plan should include, but not be limited to, an assessment of training needs of the Bureau of Customs and Border

Protection, the Bureau of Immigration and Customs Enforcement,

the Transportation Security Administration, the U.S. Secret Service, the United States Coast Guard, as well as the availability and

utilization of training spaces by organizations outside of the Department; it should also address: (1) duplicative training activities;

(2) full-utilization of Department training facilities; (3) cross-training needs of Department personnel; (4) geographic attributes of facilities for departmental training needs; (5) canine training; (6) future construction requirements at all campuses to meet the existing and projected training requirements; (7) and any cost savings

which may result from the reallocation or consolidation of training

and the more efficient use of facilities. This plan is to be submitted

to the Committee no later than January 30, 2004.

Multi-Year Accounts.—The Department has inherited a myriad of

multi-year accounts for functions ranging from construction and information technology to environmental compliance and restoration.

In order for the Committee to accurately track the Department’s

resources, the Secretary is directed to submit, as a part of the annual budget request, information on all multi-year accounts to include: (1) current and prior-year carryover balances; (2) original

purpose; (3) estimate of current year obligations; (4) estimate of

current year recoveries; (5) and estimate of end of year

carryforward balances.

Consolidation and Co-location of Offices.—Section 706 of the

Homeland Security Act of 2002 requires that not later than 1 year

after the date of enactment of that Act, the Secretary develop and
9

submit to the Congress a plan for consolidating and co-locating the

regional or field offices of agencies transferred to the Department.

Because of the strong interest in this process, the Committee expects to receive an update from the Department on the status of

this office consolidation/co-location plan and to be notified at least

10 days prior to any public announcement of changes in the location of these offices.

Office of History.—Knowledge of historical precedent, historical

context, and institutional history is critical to effective decision

making. The Committee encourages the Secretary to establish a departmental history office. The mission of this office should be to

produce, oversee, and coordinate the production of a range of reference, policy, and historical background assessment papers; to

provide expert historical knowledge essential for informed decision

making; to maintain the institutional history of the Department; to

provide professional assistance to the historical and archival activities of the directorates and bureaus within the Department; and to

produce such documentary collections as may be deemed necessary.

The Committee notes that there will be funding requirements for

establishment of such an office which may require the submission

of a reprogramming required by section 605 of this Act.

Standards and Guidelines for First Responders.—Pursuant to the

President’s National Strategy for Homeland Security, the Secretary

is to provide to the Committee, no later than April 30, 2004, a report that updates the progress made to: clearly define standards

and guidelines for Federal, State, and local government emergency

preparedness and response in such areas as training, interoperable

communications systems, and response equipment; an estimate of

the cost of the unmet needs of State and local governments for fiscal years 2004–2008 in meeting those standards and guidelines;

and the views of appropriate State and local government organizations.

Investigations of Terrorist Financing.—The Committee is concerned that the recent Memorandum of Agreement [MOA] between

the Department of Homeland Security and the Department of Justice regarding investigations of terrorist financing will adversely affect the ability of the United States Secret Service [USSS] and the

Bureau of Immigration and Customs Enforcement [BICE] to effectively carry out traditional financial crimes investigations. The

Committee expects the General Accounting Office [GAO] to provide

to the Committee, within 90 days after enactment of the Act, an

evaluation of the MOA’s impact on existing authorities of the USSS

and BICE to effectively carry out financial crimes investigations,

including the MOA’s impact on the financial community and State

and local cooperation.

Treasury Forfeiture Fund.—The Committee is aware that proposals are under consideration within the administration that

could change the existing status, operation, and jurisdiction of the

Treasury Forfeiture Fund. A number of the Department of Homeland Security’s law enforcement agencies rely on the use of assets

from this fund for on-going investigations and other activities. The

Committee encourages the Secretary to consult with the Secretary

of the Treasury, the Attorney General, and the Director of the Office of Management and Budget about the impact of any change to
10

the Department of Homeland Security, and to keep the Committee

apprised of any discussions on this matter.

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $167,521,000

1 Included under ‘‘Departmental Operations’’ account.

The Under Secretary for Management oversees management and

operations of the Department, including financial planning and

execution, information systems management, human capital planning and policies, building management, and oversight of standardsetting and all departmental immigration statistical information.

The specific activities funded by this account include: the Immediate Office of the Under Secretary for Management, the Office of

the Chief Financial Officer, the Office of Procurement, the Office of

Human Resources, the Chief Information Officer, and the Office of

Administration.

COMMITTEE RECOMMENDATIONS

The Committee recommends $167,521,000 for the Office of the

Secretary and Executive Management. Included in this amount is

$29,696,000 for salaries and benefits; $602,000 for travel; $783,000

for supplies; $395,000 for training; and $136,045,000 for other expenses.

The specific levels recommended by the Committee are as follows:

[In millions of dollars]

Immediate Office of the Under Secretary .......................................................................................................... 1,364

Office of the Chief Financial Officer ................................................................................................................. 11,290

Strategic Planning .................................................................................................................................... 1,768

Office of Procurement ........................................................................................................................................ 6,529

Office of Human Resources ............................................................................................................................... 7,101

Office of the Chief Information Officer ............................................................................................................. 81,206

Command Center ...................................................................................................................................... (14,558)

Office of Administration ..................................................................................................................................... 28,263

Headquarters ............................................................................................................................................. 30,000

Total ...................................................................................................................................................... 167,521

Departmental Headquarters Interim Housing.—The Department

of Homeland Security [DHS] headquarters staff is currently housed

at the Nebraska Avenue Complex [NAC] in downtown Washington,

D.C., and at multiple pre-DHS locations. This physically-fractured

situation makes it difficult for DHS leadership to lead and manage

the new and growing department. Since DHS has indicated consolidation at the NAC location to be a good interim solution until a

permanent one can be found, the Committee has provided the

$30,000,000, as requested, to fund physical modifications to NAC

buildings, communications and security upgrades, and relocation

expenses necessary to allow more DHS employees to be consolidated at the NAC. The Committee expects the Department to work

in cooperation with the General Services Administration to find a

long-term solution for a departmental headquarters and to comply

with the requirements of the Public Buildings Act of 1959 to secure
11

site, design, and construction funding. The Committee expects to be

updated on a regular basis on the Department’s physical consolidation and on the planned expenditure of the funds made available

for interim housing, as well as its plans for a permanent headquarters.

DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

Appropriations, 2003 ............................................................................. $63,321,000

Budget estimate, 2004 ........................................................................... 206,000,000

Committee recommendation ................................................................. 185,000,000

The Department-wide Technology Investments account is for the

development and acquisition of information technology equipment,

software, services, and the costs of conversion to narrowband communications.

COMMITTEE RECOMMENDATIONS

The Committee recommends $185,000,000, to be available until

expended, for activities of the Department-wide Technology Investments.

Narrowband Communications.—Included in the amount provided

by the Committee is $100,000,000, as requested, for wireless efforts, including conversion to narrowband operations. The Committee supports the consolidation of all funding for mobile radios

and communications provided to various components of the Department in one fund. Consolidation ensures that resources provided

for communications are not diverted to other functions. The Committee expects the Department to submit a report on the level of

funding provided to all components of the Department for mobile

radios thirty days after the enactment of this Act.

Information Technology Services.—Included in the amount provided by the Committee is $75,000,000 for information technology

investments to support the implementation of a Department enterprise architecture, to integrate management systems, and to rationalize Department component physical and logical security access efforts.

Security Activities.—Included in the amount provided by the

Committee is $10,000,000 for the integration of Federal watchlists.

The Committee recognizes the need for this project and expects this

effort to be closely coordinated with the development of the United

States Visitor and Immigrant Status Indicator Technology project.

The Committee directs that $21,000,000 of the funds transferred

from the Department of Justice Working Capital Fund be used for

enterprise architecture and the information technology and evaluation program.

OFFICE OF THE INSPECTOR GENERAL

Appropriations, 2003 1 ........................................................................... $41,510,000

Budget estimate, 2004 2 ......................................................................... 58,118,000

Committee recommendation 2 ............................................................... 58,118,000

1Does not include an additional $21,437,000 transferred from the Disaster Relief Fund for audits and investigations. 2Does not include an additional $22,000,000 from the Disaster Relief Fund for audits and investigations.
12

This account finances the cost of conducting and supervising audits and investigations relating to the programs and operations of

the Department to promote economy, efficiency, and effectiveness

and to prevent and detect fraud, waste, and abuse in such programs and operations.

COMMITTEE RECOMMENDATIONS

The Committee recommends $58,118,000 for the Office of Inspector General for fiscal year 2004. An additional $22,000,000 is made

available from the Disaster Relief Fund for audits and investigations.
(13)

TITLE II—SERVICES

CITIZENSHIP AND IMMIGRATION SERVICES

Appropriations, 2003 1 ........................................................................... $218,148,000

Budget estimate, 2004 ........................................................................... 235,000,000

Committee recommendation ................................................................. 229,377,000

1 Includes $3,000,000 in supplemental appropriations provided by Public Law 108–11.

The Bureau of Citizenship and Immigration Services [BCIS] was

established by the Homeland Security Act of 2002 to deliver services to the public in a timely, consistent, and fair manner. Prior to

the creation of the Department of Homeland Security, the administration of immigration services was the responsibility of the Immigration and Naturalization Service, an organization abolished by

the Homeland Security Act of 2002. BCIS’s mission is to administer

laws and provide services related to people seeking to enter, reside,

work, and naturalize in the United States. In addition to directly

appropriated resources, offsetting collections are available for the

operations of BCIS from the following fees:

Immigration Examinations Fees.—The Bureau collects fees from

persons applying for immigration benefits to support the adjudication of applications.

H–1B Fees.—The Bureau collects fees for processing of the H1–

B visa. The H–1B is a temporary visa category for non-immigrant,

highly skilled workers.

COMMITTEE RECOMMENDATIONS

The Committee recommends $229,377,000 for activities of the

Bureau of Citizenship and Immigration Services [BCIS] for fiscal

year 2004.

Physical Security and Staffing.—Included in the amount recommended is $3,836,000, as requested, for physical security and

staffing. These funds will allow BCIS to begin implementation of

the recommended security improvements identified by the U.S.

Marshals Service security surveys.

Information Technology/Program Evaluation Unit.—The Committee does not provide $5,623,000, as requested, for information

technology or the program evaluation unit. The on-going e-filing

project should continue to be funded out of base resources.

Immigration Examinations Fees.—The Committee understands

that the estimated level of $1,550,000,000 in spending from the Immigration Examinations Fee includes an additional $100,000,000 to

continue efforts to reduce the backlog of applications and at the

same time improve the integrity of the process. BCIS is expected

to provide updates to the Committee regarding the progress being

made in meeting the targets of its Five Year Backlog Reduction

Plan. These reports should continue to be submitted while the

Backlog Reduction Plan is being updated. The Committee expects
14

that of the fees collected, no less than $25,000,000 be made available to the Bureau of Immigration and Customs Enforcement to

support the investigative and intelligence needs of BCIS.

The Committee notes the delay that many Americans have in

gaining permission for foreign-born spouses to join them in the

United States. The Committee urges BCIS to develop procedures to

expedite such cases without compromising national security or program integrity.

The total resources available for the operations of BCIS are as

follows:

Fiscal year 2003 enactedFiscal year 2004

budget

Committee recommendations

Direct appropriations ..................................................................... $218,148,000 $235,000,000 $229,377,000

Immigration Inspection User Fee, estimate .................................. 4,000,000 4,000,000 4,000,000

Immigration Examinations Fee, estimate. ..................................... 1,413,000,000 1,550,000,000 1,550,000,000

H1–B fees, estimate ...................................................................... 10,000,000 10,000,0000 10,000,0000

Total available .................................................................. 1,645,148,000 1,799,000,000 1,793,377,000
(15)

TITLE III—SECURITY, ENFORCEMENT, AND

INVESTIGATIONS

OFFICE OF THE UNDER SECRETARY FOR BORDER AND

TRANSPORTATION SECURITY

SALARIES AND EXPENSES

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $8,842,000

1 Included in the ‘‘Departmental Operations’’ account.

The Office of the Under Secretary for Border and Transportation

Security was established by the Homeland Security Act of 2002 and

is responsible for maintaining the security of our Nation’s borders

and transportation systems. The Under Secretary oversees the Bureau of Customs and Border Protection, the Bureau of Immigration

and Customs Enforcement, the Transportation Security Administration, the Federal Law Enforcement Training Center, and the Office for Domestic Preparedness.

COMMITTEE RECOMMENDATIONS

The Committee recommends $8,842,000 for the activities of the

Office of the Under Secretary of Border and Transportation Security salaries and expenses account. Included in this is amount is

$7,839,000 for salaries and benefits; $418,000 for travel; $201,000

for supplies; $50,000 for training; and $334,000 for other expenses.

Prior to the tragic events of September 11, 2001, the Congress

had begun to provide additional resources to improve security along

the United States northern border with Canada. The Under Secretary of Transportation and Border Security is directed to provide

a comprehensive report to the Committee describing the specific

measures taken by the Department and its legacy agencies since

September 11, 2001, to enhance security at the northern border.

The report should include a discussion of (1) increased personnel

deployment, technological improvements, and enhancements in

interagency coordination; (2) measures for improvement of northern border security authorized by the Congress that the Department has not yet undertaken; and (3) aspects of northern border

security requiring additional resources and focus. Because of the

sensitive nature of many aspects of this report, the Department

should provide both an unclassified and, if necessary, classified

version of the report.
16

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $380,000,000

1 Included in the ‘‘Customs and Border Protection’’ account.

The United States Visitor and Immigrant Status Indicator Technology [US VISIT] project is to collect, maintain, and share appropriate information through an integrated information technology

system to determine the eligibility of aliens for admissions and

benefits.

COMMITTEE RECOMMENDATIONS

The Committee recommends $380,000,000, to be available until

expended, for the US VISIT account. This appropriation represents

full funding of the base request for the technology needs of the

project. The personnel increases requested are addressed within

the salaries and expenses accounts of the Bureau of Customs and

Border Protection and the Bureau of Immigration and Customs Enforcement.

Expenditure Plan.—The amount recommended is available for

obligation only upon the submission of a comprehensive expenditure plan from the Secretary of Homeland Security for the US

VISIT project that: (1) meets the capital planning and investment

control review requirements established by the Office of Management Budget [OMB], including OMB Circular A–11, part 7; (2)

complies with acquisition rules, requirements, guidelines, and systems acquisition management practices; (3) is reviewed by the General Accounting Office; and (4) has been approved by the Committees on Appropriations of the Senate and the House of Representatives. Further, the plan should include full out-year costs of the

program; an explanation and costs of needed technology infrastructure upgrades; a complete staffing plan for the exit control activity

and the entrance activity; and an explanation of how the program

will ensure that information is properly communicated to the investigators of the Bureau of Immigration and Customs Enforcement.

Separately, the Department is expected to submit a plan that explains the privacy policies that will be put in place to protect the

information that is housed in the US VISIT system. Both the expenditure plan and the privacy plan shall be submitted to the Committee no later than 45 days after the enactment of this Act.

Biometrics.—Integration of biometrics into the US VISIT system

is a vital part of the overall success of this project. The biometric

infrastructure that is being built should be a viable long-term solution that is interoperable with the Federal Bureau of Investigation’s [FBI] Integrated Automated Fingerprint Identification System, and one that does not require significant re-engineering and

re-investment in the future. The procurement decisions made for

the overall US VISIT system should allow for a full and open competition to ensure that the most effective and cost efficient technology is used, including evaluation of commercially-available document validation systems and technology. In addition, a representa-
17

tive from both the Department of Justice and the FBI should be

included on the US VISIT project team.

CUSTOMS AND BORDER PROTECTION

SUMMARY

The Bureau of Customs and Border Protection [BCBP] was established by the Secretary of Homeland Security on January 30,

2003, under statutory authority for reorganization contained in the

Homeland Security Act of 2002. BCBP consolidates functions previously provided for specific functions of the United States Customs

Service, the Immigration and Naturalization Service, and the Agricultural Quarantine Inspection program. The mission of BCBP is

to enforce the laws regarding admission of foreign-born persons

into the United States, and ensuring that all goods and persons entering and exiting the United States do so legally.

COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $5,745,485,000,

including direct appropriations of $4,900,485,000, and estimated

offsetting collections of $845,000,000.

The following table summarizes the Committee’s recommendations, as compared to the fiscal year 2003 and budget request levels:

Fiscal year 2003

enacted

Fiscal year 2004

budget

Committee

recommendations

Appropriations:

Salaries and expenses 1 ........................................................ $5,710,608,000 $5,644,000,000 $4,366,000,000

Harbor maintenance fee (by transfer) .................................. 2,981,000 3,000,000 3,000,000

Automation modernization .................................................... ............................ ............................ 441,122,000

Construction .......................................................................... ............................ ............................ 90,363,000

Fee Collections:

Immigration Inspection User Fee, estimate ......................... 519,000,000 509,000,000 509,000,000

Immigration Examinations Fee, estimate ............................. 24,000,000 25,000,000 ............................

Enforcement Fines, estimate ................................................ 7,000,000 6,000,000 6,000,000

Land Border Inspection Fee, estimate .................................. 28,000,000 28,000,000 28,000,000

COBRA, estimate ................................................................... 239,000,000 253,000,000 302,000,000

Total available .................................................................. 6,530,589,000 6,468,000,000 5,745,485,000

1 The Bureau of Customs and Border Protection did not exist at the time the fiscal year 2003 appropriations, Public Law 108–7, was enacted into law. Appropriations for fiscal year 2003 are estimated to be $5,710,608,000, including $333,000,000 in supplemental appropriations provided by Public Law 108–11.

SALARIES AND EXPENSES

Appropriations, 2003 ............................................................................. (1 3 )

Budget estimate, 2004 ...........................................................................2 3 $5,644,000,000

Committee recommendation ................................................................. 3 4,366,000,000

1The Bureau of Customs and Border Protection did not exist at the time the fiscal year 2003

appropriations were enacted into law. Appropriations for fiscal year 2003 are estimated to be

$5,710,608,000, including $333,000,000 in supplemental appropriations provided by Public Law

108–11. 2The fiscal year 2004 budget request includes $1,240,850,000 recommended in separate accounts or realigned to other accounts. 3 Excludes additional funds derived from the Harbor Maintenance Fee.

The Bureau of Customs and Border Protection [BCBP] Salaries

and Expenses appropriation provides funds for border security, immigration, customs, and agricultural inspections. In addition to di-
18

rectly appropriated resources, offsetting collections area available

for the operations of BCBP from the following sources:

Immigration Inspection User Fees.—The Bureau collects user fees

to fund the costs of international inspections activities at airports

and seaports.

Enforcement Fines.—The Bureau collects fines from owners of

transportation lines and persons for unauthorized landing of aliens.

Land Border Inspections Fees.—The Bureau collects fees for processing applications for the Dedicated Commuter Lanes program,

the Automated Permit Ports program, the Canadian Border Boat

Landing program, and both Canadian and Mexican Non-Resident

Alien Border Crossing Cards.

COMMITTEE RECOMMENDATIONS

The Committee recommends $4,366,000,000, for salaries and expenses of the Bureau of Customs and Border Protection [BCBP] for

fiscal year 2004. An additional $3,000,000 is to be transferred from

the Harbor Maintenance Fee. The Committee has included language in the bill making available up to $150,000 for space for

preclearance operations, and up to $5,000,000 available for cooperative agreements with States and local governments. The bill also

includes language placing a $30,000 annual limit on overtime paid

to any employee, and placing a cap of not to exceed $4,000,000 of

the funds provided for activities to enforce laws against forced child

labor to remain available until expended.

The funding levels represented here depart from the fiscal year

2004 budget request as the Committee has presented several of the

individual programs and activities as stand-alone appropriations

and realigned base resources. The Committee has placed the resources for US VISIT ($380,000,000) in a separate account directly

within the Office of the Under Secretary for Border and Transportation Security. The Committee has recommended a separate automation modernization account ($441,122,000), and a separate construction account ($95,363,000). In addition, the Committee has realigned base resources to reflect a higher level of salaries and expenses for the Air and Marine Interdiction program within the Bureau of Immigration and Customs Enforcement [BICE] ‘‘Salaries

and Expenses’’ account ($128,574,000), a separate ‘‘Air and Marine

Interdiction, Operations, Maintenance and Procurement’’ account

under BICE ($173,391,000), and consolidation of ATLAS resources

within BICE ($22,400,000). The Committee has also reduced the

base resources by $18,000,000 to correct a transfer of funds doublecounted in the budget, and reflected incorrectly in this account.

Customs-Trade Partnership Against Terrorism.—Included in the

amount recommended by the Committee is $15,300,000, an increase of $12,100,000, as requested, for Customs-Trade Partnership

Against Terrorism.

Free and Secure Trade.—Included in the amount recommended

by the Committee is $3,900,000, as requested, for the Free and Secure Trade Initiative.

Container Security Initiative.—Included in the amount recommended by the Committee is an increase of $61,754,000, as requested, for expansion of the Container Security Initiative.
19

Critical Equipment.—Included in the amount recommended by

the Committee is $119,300,000, as requested, for critical equipment: $15,500,000 for wireless personal digital assistants with access to the Treasury Enforcement Communications System;

$63,800,000 for deployment of radiation detection systems, mobile

vehicle and cargo inspection systems, and isotope identifiers at

land and sea ports; $6,800,000 for fiber optic scopes; $6,000,000 for

license plate readers; $9,700,000 for expansion of the customs automated operations system; and $17,500,000 for the explosive and

chemical detector canine program. The Committee expects the developmental activities associated with the explosives detection canine program begun in fiscal year 2003 to continue in fiscal year

2004.

Non-Intrusive Inspection Equipment/Radiation Detectors.—The

Committee is concerned over the length of time it is taking the

BCBP to initiate the evaluation of technologies for possible use in

screening of cargo. This project was funded in the Consolidated Appropriations Resolution, 2003 (Public Law 108–7), and BCBP has

not taken adequate steps to undertake this effort. The Committee

is aware of numerous new non-intrusive inspection and radiation

detection technologies designed to improve the detection of explosives and hazardous materials at ports-of-entry. The Committee directs BCBP to move quickly to develop a testbed on which to evaluate all new and emerging technologies, such as gamma radiation

detection systems for mobile and portal applications, palletized containers, and high-purity germanium detectors, and to coordinate

such testing and evaluation with the Science and Technology Directorate. The Committee expects that the Department and BCBP will

ensure that all procurements are through full and open competition

to ensure the best value in terms of detection and efficiency.

Information Technology Transformation to Homeland Security.—

The Committee does not fund the requested $30,200,000 for information technology transformation to homeland security. The Committee notes that significant information technology infrastructure

upgrades are, and will continue to be, funded through the US

VISIT project. BCBP will be the primary beneficiary of this spending.

International Trade Data System.—The request for funding for

the International Trade Data System is addressed under the ‘‘Automation Modernization’’ account.

Agricultural Quarantine Inspection.—Included in the amount recommended by the Committee is an increase of $5,500,000, as requested, for agricultural inspections: $2,700,000 for additional agricultural canine teams; and $2,800,000 for inspectors and x-ray machines for use in detecting the presence of agricultural pests and

diseases.

Pay Upgrades.—Included in the amount recommended by the

Committee is $13,000,000, as requested, for pay upgrades of inspectors and agents.

ATLAS.—The request for funding for the information technology

infrastructure program, known as ATLAS, is addressed under

BICE.
20

Personnel.—Rather than providing personnel specific to the support of the US VISIT project, the Committee recommends an additional $74,300,000 to enhance overall BCBP staffing.

The Committee provides an increase of $33,300,000 for additional

inspector personnel. The Committee continues to hear concerns

over inadequate staffing at facilities across the country. The Committee directs BCBP to review staffing nationwide, and to submit

a comprehensive deployment plan to include existing (direct and

fee funded) and newly funded positions. Included in the amount

recommended by the Committee is continued funding at the fiscal

year 2003 level for part-time and temporary positions in the Honolulu Customs District.

In addition, the Committee provides an increase of $41,000,000

to fund 570 new border agent positions, bringing the total number

of border agent positions to more than 11,650. The Committee directs BCBP to submit a deployment plan to the Committee for the

new agents provided, and to ensure that this plan is coordinated

with construction projects.

Integrated Surveillance Information System.—The Committee understands that previously-appropriated funds for the Integrated

Surveillance Information System [ISIS] remain unexpended. BCBP

appears to be slow in obligating the funds and deploying the systems along both southern and northern borders. The Committee directs BCBP to quickly implement deployment of the systems as

planned and to submit a report to the Committee no later than October 1, 2003, on the progress made in meeting this goal.

Anti-Dumping Enforcement.—The Committee has ensured that of

the amounts provided within this account sufficient funds are

available to enforce the anti-dumping authority contained in section 764 of the Tariff Act of 1930 (19 U.S.C. 1675c).

Immigration Inspection User Fees.—The Committee continues to

be concerned about the financial health of this account and urges

the Department to responsibly manage this program within the

level of actual receipts. For fiscal year 2004, the Committee intends

that, of the amounts collected, no less than $107,000,000 will be

made available to the Bureau of Immigration and Customs Enforcement.

Immigration Examinations Fees.—In accordance with the 21st

Century Department of Justice Appropriations Authorization Act

(Public Law 107–273), the Committee reflects no resources being

available to BCBP from the Immigration Examinations fee account.

Public Law 107–273 requires that the revenue generated from various forms that had been deposited in the Immigration Examinations fee account and then made available to the inspections program are now deposited directly into the Land Border Inspection

fee account. The estimate included in the fiscal year 2004 budget

for the Land Border Inspection fee is correct; the estimate included

for the Immigration Examinations fee account was listed in error.

Land Border Inspections Fees.—The Committee is concerned

about the financial health of this account. BCBP should adjust the

fees quickly to ensure an adequate revenue stream. The Department should responsibly manage this program within the level of

actual receipts.
21

COBRA Fees.—The Committee has included all of the estimated

Consolidated Omnibus Budget Resolution Act (COBRA) fees within

BCBP. All of the COBRA fees collected are to be used directly in

support of inspections activities and are appropriately associated

with BCBP.

AUTOMATION MODERNIZATION

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $441,122,000

1 Included in the ‘‘Customs and Border Protection’’ account.

The automation modernization account includes funds for major

information technology systems and services for the Bureau of Customs and Border Protection, including the Automated Commercial

Environment and the International Trade and Data System

projects, and funds to improve the connectivity of and integration

existing systems.

COMMITTEE RECOMMENDATIONS

The Committee recommends $441,122,000, to be available until

expended, for automation modernization.

International Trade Data Systems.—Included in the amount recommended is $11,900,000, an increase of $5,200,000, as requested,

for the International Trade Data Systems. The Committee supports

BCBP’s strategy to implement an integrated, Government-wide

system for the electronic collection, use, and dissemination of the

international trade transaction data required by the various traderelated Federal agencies.

Expenditure Plan.—Of the funds available in this account, not

less than $318,690,000 is available for the development of the

Automated Commercial Environment [ACE]. This funding is available for ACE only upon the submission of a comprehensive plan

from the Secretary of Homeland Security for the ACE program

that: (1) meets the capital planning and investment control review

requirements established by the Office of Management Budget

[OMB], including OMB Circular A–11, part 7; (2) complies with acquisition rules, requirements, guidelines, and systems acquisition

management practices; (3) is reviewed by the General Accounting

Office; and (4) has been approved by the Committees on Appropriations of the Senate and the House of Representatives.

Consolidation.—The Committee recognizes the difficulty that will

be encountered within the newly-merged agencies that make up

BICE and BCBP, as well as the new BCIS, in determining responsibility for modernizing and supporting shared systems and the infrastructure supporting those systems. It is the expectation of the

Committee that each of the bureaus will collaborate closely with

the Chief Information Officer and each other to ensure that the

needs of the frontline employees are being met, regardless of which

bureau is supporting the legacy system.
22

CONSTRUCTION

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $90,363,000

1 Included in the ‘‘Customs and Border Protection’’ account.

This appropriation provides funding to plan, construct, renovate,

equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to immigration,

customs, and alien registration.

COMMITTEE RECOMMENDATIONS

The Committee recommends $90,363,000 for construction activities of the Bureau of Customs and Border Protection, to be available until expended.

The Committee is aware of the need to address infrastructure at

the Nation’s land ports-of-entry. The Committee supports the implementation of the United States-Mexico Border Partnership Action Plan. The plan calls for relief of bottlenecks by developing a

prioritized list of infrastructure projects and taking action to relieve them, and conducting vulnerability assessments of trans-border infrastructure and communications and transportation networks to identify and take required protective measures. As part

of the ‘‘Smart Border’’ accord, the Source Electronic Network for

Travelers Rapid Inspection [SENTRI] program allows low-risk travelers to enter through a dedicated lane at our border with minimal

or no delay. The Committee supports the expansion of the SENTRI

program.

The Committee directs the Department to work with the General

Services Administration to develop a nationwide strategy to

prioritize and address the infrastructure needs at the land portsof-entry and to comply with the requirements of the Public Buildings Act of 1959 to seek necessary funding.

In addition, BCBP should review the priority funding list for construction projects for the Border Patrol, and submit to the Committee an updated plan no later than July 1, 2004.

IMMIGRATION AND CUSTOMS ENFORCEMENT

SUMMARY

The Bureau of Immigration and Customs Enforcement [BICE]

was established by the Secretary of Homeland Security on January

30, 2003, under statutory authority for reorganization contained in

the Homeland Security Act of 2002. The mission of BICE is to enforce immigration and customs laws, detain and remove deportable

or inadmissible aliens, and to provide security at Federal buildings

through the Federal Protective Service. This account consolidates

funding previously provided for specific functions of the U.S. Customs Service, the Immigration and Naturalization Service, and the

Federal Buildings Fund.
23

COMMITTEE RECOMMENDATIONS

The Committee recommends total resources of $3,161,277,000,

including direct appropriations of $2,464,066,000, estimated offsetting collections of $273,000,000, and a transfer of $424,211,000.

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2003 and budget request levels:

Fiscal year 2003 enactedFiscal year 2004

budget

Committee recommendations

Appropriations:

Salaries and expenses 1 ........................................................ $2,036,078,000 $2,063,000,000 $2,180,000,000

Federal Buildings Fund (by transfer) ................................... 408,031,000 424,211,000 424,211,000

Air and Marine Interdiction, Operation, Maintenance and

Procurement ...................................................................... ............................ ............................ 257,291,000

Construction .......................................................................... ............................ ............................ 26,775,000

Fee Collections:

Immigration Inspection User Fee, estimate ......................... 135,000,000 132,000,000 107,000,000

Immigration Examinations Fee, estimate ............................. ............................ ............................ 25,000,000

Student and Exchange Visitor Program Fee, estimate ........ ............................ ............................ 25,000,000

Immigration Breached Bond/Detention Fund, estimate ....... 171,000,000 116,000,000 116,000,000

COBRA, estimate ................................................................... 49,000,000 49,000,000 ............................

Total available .................................................................. 2,799,109,000 2,784,211,000 3,161,277,000

1 The Bureau of Immigration and Customs Enforcement did not exist at the time the fiscal year 2003 appropriations were enacted into law.

Appropriations for fiscal year 2003 are estimated to be $2,063,078,000, including $170,000,000 in supplemental appropriations provided by

Public Law 108–11.

SALARIES AND EXPENSES

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ...........................................................................2 3 $2,063,000,000

Committee recommendation ................................................................. 3 2,180,000,000

1The Bureau of Immigration and Customs Enforcement did not exist at the time the fiscal

year 2003 appropriations were enacted into law. Appropriations for fiscal year 2003 are estimated to be $2,036,078,000, including $170,000,000 in supplemental appropriations provided by

Public Law 108–11. 2The fiscal year 2004 budget request includes $26,775,000 for construction recommended in

a separate account. 3 Excludes additional $424,211,000 derived from the General Services Administration Federal

Buildings Fund.

The Bureau of Immigration and Customs Enforcement [BICE]

Salaries and Expenses account provides funds for the enforcement

of immigration and customs laws, intelligence, detention and removals, and the air and marine interdiction program. In addition

to directly appropriated resources, funding is derived from offsetting collections, and funds are transferred from the General Services Administration Federal Buildings Fund for the Federal Protective Service. Offsetting collections are derived from the following

sources:

Immigration Inspection User Fees.—The Bureau derives funding

from user fees to fund the costs of detention and removals in connection to international inspections activities at airports and seaports.

Immigration Examinations Fees.—The Bureau derives funding

from fees paid by persons applying for immigration benefits to support the investigative and intelligence activities in connection with

adjudication of applications.

Student Exchange Visitor Program Fees.—The Bureau collects

fees from foreign student and exchange visitors, and from schools

and universities for certification. These resources are for salaries
24

and expenses for certifying and monitoring participating schools,

and conducting compliance audits.

Immigration Breached Bond/Detention Fund.—The Bureau derives funding from the recovery of breached cash and surety bonds

in excess of $8,000,000; resources are also available in this account

from a portion of fees charged under section 245(i) of the Immigration and Nationality Act to support the detention of aliens.

COMMITTEE RECOMMENDATIONS

The Committee recommends $2,180,000,000, for salaries and expenses of the Bureau of Immigration and Customs Enforcement

[BICE] for fiscal year 2004. An additional $424,211,000 is to be

transferred from the General Services Administration Federal

Buildings Fund for the Federal Protective Service. The Committee

expects that not less than $100,000 of the total appropriations recommended will be for promotion of public awareness of the child

pornography tipline, and not less than $200,000 shall be for Project

Alert.

The Committee has included language in the bill placing a $30,000 limit on overtime paid to any employee; making up to

$5,000,000 available for special operations; and making up to

$5,000,000 available to reimburse other Federal agencies for the

costs associated with smuggled illegal aliens. The Committee has

also included language in the bill making available up to

$1,000,000 of the funds provided for activities to enforce laws

against forced child labor available until expended.

Adjustments have been made to the level of resources provided,

as explained in the BCBP ‘‘Salaries and Expenses’’ account in this

report. In addition, the Committee has recommended a separate account for construction ($26,775,000).

ATLAS.—Included in the amount recommended by the Com- mittee is the consolidation of the requested level of $40,000,000

($22,400,000 from BCBP and the $17,600,000 requested in this account), to be available until expended, for information technology

modernization, referred to as ATLAS. As noted under the BCBP

‘‘Automation Modernization’’ account, the Committee expects close

coordination across the new Border and Transportation Security

Directorate in meeting the needs of the frontline employees. The

funds provided here are to assist in the modernization of the systems used by Bureau of Citizenship and Immigration Services

[BCIS], until such time as the Department has submitted a comprehensive plan for the division of the personnel and resources of

the former Immigration and Naturalization Service, which should

include an explanation of who will be responsible for the information technology needs of BCIS.

Personnel.—Rather than providing personnel specific to the support of the US VISIT project, the Committee recommends an additional $28,300,000 to enhance BICE staffing.

The Committee provides an increase of $5,400,000 and 36 positions to staff a new northern border airwing base.

The Committee also provides an additional $20,300,000 and 173

positions (155 special agents) to increase investigations staffing:

$6,700,000 for compliance monitoring; and $13,600,000 for smuggling/public safety investigations, to include human trafficking,
25

contraband smuggling, transshipment and trade enforcement, and

commercial fraud. The Committee recognizes the need to devote additional resources to the core investigative missions of BICE. The

Committee expects BICE to review staffing nationwide, and to submit a comprehensive deployment plan, to include existing and

newly funded positions. Further, the Committee provides an increase of $2,600,000 and

22 positions to increase intelligence staffing to support the investigations of compliance monitoring, human trafficking, contraband

smuggling, and commercial fraud.

Immigration Examinations Fee.—The fiscal year 2004 budget

does not include a separate estimate for the Immigration Examinations fee within BICE. The Immigration Examinations fee estimate

was incorrectly included within the estimate for the Immigration

Inspections User fee account. The Committee has reflected an accurate split.

Student and Exchange Visitor Program Fees.—The fiscal year

2004 budget does not include a separate estimate for the Student

and Exchange Visitor Program [SEVP] fees. The Committee has included an estimate of $25,000,000 to support the program.

The Committee is concerned about the establishment of the

SEVP program within BICE. The accurate tracking of foreign students in the United States is vital to protecting our Nation. This

program is in jeopardy without strong program management. The

Department is directed to submit to the Committee an annual review of the program. This review should include a discussion of its

effectiveness, compliance by certified schools, status of compliance

reviews, the rate of student non-compliance, and the results of investigations. The first report is to be submitted by December 31,

2003.

COBRA Fees.—The Committee has reflected all of the estimated

Consolidated Omnibus Budget Reconciliation Act [COBRA] fees

within BCBP. All of the COBRA fees collected are to be used directly in support of inspections activities and are appropriately associated with BCBP.

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE AND

PROCUREMENT

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $257,291,000

1 Included in the ‘‘Customs and Border Protection’’ account.

The Bureau of Immigration and Customs Enforcement [BICE]

Air and Marine Interdiction Program combats the illegal entry of

narcotics and other goods into the United States. This appropriation provides capital procurement and total operations and maintenance for the BICE air and marine program. This program also

provides support for the interdiction of narcotics by other Federal,

State and local agencies.

COMMITTEE RECOMMENDATIONS

The Committee recommends $257,291,000 for air and marine

interdiction, operations, maintenance, and procurement, to be

available until expended.
26

Included in the amount recommended by the Committee is an increase of $66,200,000 to establish one northern border airwing,

which includes $43,800,000 for acquisition of additional aircraft.

The Committee recognizes the need to permanently monitor air activity along the northern border. Today, there are no permanently

assigned air resources associated with the Air and Marine Interdiction Program along the northern border. This leaves the Nation

vulnerable to illegal incursions by terrorist, drug smugglers and

other criminals. The establishment of this airwing will allow BICE

to extend its reach to an at-risk area of the Nation’s airspace.

The Committee understands that a 5-year comprehensive plan is

being finalized for the Air and Marine Interdiction Program. The

Committee expects that this plan will address the need for full coverage of the northern border. The plan should also address the current facilities used for housing aircraft, including the P–3’s, many

of which are using temporary or inadequate hangars.

Included in the amount recommended by the Committee is an increase of $17,700,000 to complete the aviation standardization

project. The Air and Marine Interdiction Program has made a concerted effort to standardize its aviation assets in order to enhance

operational safety and facilitate uniformity in aviation training.

This provides the third installment of funding for this program.

The Committee is aware that the Air and Marine Interdiction

Program is developing a visual computing network [VCN] to provide the means for the AMICC to securely deploy critical real-time

surveillance information to its regional branches and other agencies involved in homeland security operations. The Committee supports the continued development of the VCN.

CONSTRUCTION

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $26,775,000

1 Included in the ‘‘Immigration and Customs Enforcement’’ account.

This appropriation provides funding to plan, construct, renovate,

equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to immigration,

detention, and alien registration.

COMMITTEE RECOMMENDATIONS

The Committee recommends $26,775,000, to be available until

expended, for activities of the Bureau of Immigration and Customs

Enforcement construction account. This is the full amount requested in the budget.

TRANSPORTATION SECURITY ADMINISTRATION

The Transportation Security Administration [TSA] was established on November 19, 2001, with the enactment of Public Law

107–71, the Aviation and Transportation Security Act. The Aviation and Transportation Security Act originally created TSA within

the Department of Transportation and identified a series of objectives and authorities under which TSA would improve security

across all modes of transportation for the American public, and for
27

the first time, made overall aviation security a direct Federal responsibility. Public Law 107–296, the Homeland Security Act of

2002, transferred the Transportation Security Administration from

the Department of Transportation to the Department of Homeland

Security. The Transportation Security Administration is charged

with ensuring security across the U.S. transportation systems, including aviation, railways, highways, pipelines, and waterways,

and safeguarding the freedom of movement of people and commerce. Separate appropriations are provided for the following activities within TSA: aviation security; maritime and land security;

intelligence; research and development; and administration.

COMMITTEE RECOMMENDATIONS

The Committee recommends total appropriations of

$5,395,900,000 for activities of the Transportation Security Administration for fiscal year 2004.

The following table summarizes the Committee’s recommendations as compared to the fiscal year 2003 and budget request levels:

TRANSPORTATION SECURITY ADMINISTRATION SUMMARY

[In thousands of dollars]

Fiscal year 2003

enacted

Fiscal year 2004

budget

Committee recommendation

Aviation Security ........................................................................................ 1 5,131,944 4,216,800 4,523,900

Maritime and Land .................................................................................... 1 263,209 85,500 295,000

Intelligence ................................................................................................. ........................ 13,600 13,600

Research and Development ....................................................................... 109,484 75,200 130,200

Administration ............................................................................................ 306,693 420,900 433,200

Total, Appropriations .................................................................... 1 5,826,500 4,812,000 5,395,900

Offsetting collections ................................................................................. ¥2,650,000 ¥2,070,000 ¥2,070,000

FAA reimbursement .................................................................................... ¥143,000 ........................ ........................

Grants to air carriers ................................................................................. 2 2,395,750 ........................ ........................

Total, Transportation Security Administration ............................. 1 5,414,080 2,742,000 3,325,900

1 Includes $665,000,000 in supplemental appropriations provided by Public Law 108–11.

2 Provided by Public Law 108–11.

AVIATION SECURITY

Appropriations, 2003 1 ........................................................................... $5,131,944,000

Budget estimate, 2004 ........................................................................... 4,216,800,000

Committee recommendation ................................................................. 4,523,900,000

1 Includes $645,000,000 in supplemental appropriations provided by Public Law 108–11, including an additional $235,000,000 for airport modifications and $280,000,000 for passenger

screening hiring and training.

Aviation security focuses on the transition of aviation security to

a complete Federal aviation security operation by employing the

most efficient screening of all passengers and baggage, deployment

of on-site law enforcement, continuation of a uniform set of background requirements for airport and airline personnel, deployment

of the most current explosive detection technology, and the creation

of a model workplace.
28

COMMITTEE RECOMMENDATIONS

The Committee recommends $4,523,900,000 for aviation security.

The following table summarizes the Committee’s recommendations,

as compared to the fiscal year 2003 and budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Passenger screening ....................................................................................................... 1,801,200 1,806,700

Baggage screening ......................................................................................................... 943,800 1,378,300

Airport support and enforcement presence .................................................................... 1,471,800 1,338,900

Total, Aviation Security ..................................................................................... 4,216,800 4,523,900

Passenger Screening.—The Committee recommends

$1,806,700,000 for passenger screening activities. The following

table summarizes the Committee’s recommendations as compared

to the budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Screening pilot project (5 airports) ................................................................................ 112,000 112,000

Passenger screeners—PC&B .......................................................................................... 1,319,600 1,319,600

Passenger screeners, supplies ....................................................................................... 42,300 42,300

Human resource services ................................................................................................ 153,300 149,000

Passenger screener training contract ............................................................................ 71,800 71,800

Planning and deployment ............................................................................................... ............................ 10,000

Checkpoint equipment .................................................................................................... 38,200 36,000

Checkpoint equipment maintenance .............................................................................. 5,000 5,000

Electronic surveillance .................................................................................................... 14,000 16,000

Computer Assisted Passenger Pre-screening System II ................................................. 35,000 35,000

Credentialing and registered traveler programs ............................................................ 5,000 5,000

Gate screening initiative ................................................................................................ 5,000 5,000

Total, Passenger Screening ............................................................................... 1,801,200 1,806,700

The Committee recommends $10,000,000 for the planning and

reconfiguring of passenger screening checkpoints for high volume,

high-risk airports to enhance the efficiency of screening passengers

and to reduce wait time.

The Committee recommends $16,000,000 for the continued installation of electronic surveillance of airport passenger and baggage screening areas.

Baggage Screening.—The Committee recommends $1,378,300,000

for baggage screening activities. The following table summarizes

the Committee’s recommendations as compared to the budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Baggage screeners .......................................................................................................... 774,200 774,200

Baggage screeners, supplies .......................................................................................... 24,000 24,000

Baggage screener training contract ............................................................................... 45,500 45,500

EDS/ETD procurement ..................................................................................................... ............................ 150,500

EDS/ETD installation/airport modifications—LOIs ......................................................... ............................ 309,000

EDS/ETD maintenance & utilities ................................................................................... 100,000 75,000

Checked baggage data system ...................................................................................... 100 100
29

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Total, Baggage Screening ................................................................................. 943,800 1,378,300

The Committee recommends $150,500,000 for the procurement of

explosive detection systems and explosive trace detection machines

in order to provide airports the ability to screen all passenger baggage electronically. The Committee recommends $309,000,000 for the installation of

explosive detection equipment. The Committee believes that a

strong commitment to the letters of intent program to install explosive detection systems in an in-line system is an important component to improve passenger security, reduce passenger wait time,

and increase efficiencies of passenger and baggage screeners.

Airport Support and Enforcement Presence.—The Committee recommends $1,338,900,000 for airport support and enforcement presence. The following table summarizes the Committee’s recommendations as compared to the budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Canine units .................................................................................................................... 17,000 12,000

Federal Air Marshals ....................................................................................................... 600,000 600,000

Air-ground communication, Federal Air Marshals .......................................................... ............................ 10,000

State & local reimbursable agreements ........................................................................ 225,000 170,000

Law enforcement officers, personnel compensation/benefits ........................................ 2,500 2,500

Law enforcement case management system ................................................................. 2,300 2,300

Airport support mangagement & staff ........................................................................... 403,800 358,000

Airport rent & furniture .................................................................................................. 105,600 71,000

Airport parking/transit benefits/vehicle leases .............................................................. 15,000 12,500

Airport checkpoint & baggage information technology .................................................. 50,000 40,000

Command centers ........................................................................................................... 5,600 5,600

Federal flight deck officer training ................................................................................ 25,000 25,000

Air cargo security ............................................................................................................ 20,000 30,000

Total, Airport Support and Enforcement Presence ............................................ 1,471,800 1,338,900

The Committee recommends $170,000,000 for State and local reimbursement agreements for local law enforcement officers. The

recommendation reflects flexibility provided for law enforcement

personnel in airports by Public Law 108–7 and more current budget assumptions of the Department.

The Committee recommends $30,000,000 to further enhance the

screening of air cargo.

The Committee is concerned about increasing passenger screening times at a number of our Nation’s largest airports. Recent TSA

screener force reductions have caused passenger screening to often

exceed the agency’s 10 minute standard, affecting the efficient operation of the national aviation system. The Committee directs TSA

to provide the necessary personnel at our Nation’s largest airports

to ensure the 10 minute passenger screening standard is consistently met, not just on average. The Committee further directs TSA

to work with airports to share appropriate law enforcement personnel costs as directed by Public Law 108–7.
30

The Committee expects TSA to continue funding of the toll-free

number 1–866–GA–Secure to reinforce security at the Nation’s

5,400 public use general aviation airports.

MARITIME AND LAND SECURITY

Appropriations, 2003 1 ........................................................................... $263,209,000

Budget estimate, 2004 ........................................................................... 85,500,000

Committee recommendation ................................................................. 295,000,000

1 Includes $20,000,000 in supplemental appropriations provided by Public Law 108–11.

Maritime and Land operations provide funds for grants to improve the security of port, bus, and cargo; design a terrorism risk

assessment tool tailored specifically to maritime and surface transportation facilities; and developing passenger vessel and transportation infrastructure security regulations that will help to assess

and improve the security of transportation facilities and infrastructure.

COMMITTEE RECOMMENDATIONS

The Committee recommends $295,000,000 for maritime and land

security. The following table summarizes the Committee’s recommendations as compared to the budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee recommendation

Port security grants ........................................................................................................ ............................ 150,000

Transportation Worker Identification Credentialing [TWIC] ............................................ 55,000 35,000

Intercity bus security ...................................................................................................... ............................ 10,000

Operation Safe Commerce .............................................................................................. 2,500 30,000

Trucking industry grants ................................................................................................ ............................ 25,000

Hazardous materials permit program/truck tracking ..................................................... ............................ 13,000

Nuclear detection and monitoring .................................................................................. ............................ 4,000

Staffing ........................................................................................................................... 28,000 28,000

Total, Maritime & Land Security ....................................................................... 85,500 295,000

The Committee is aware of the need for facilities infrastructure

improvements to better secure our Nation’s ports from acts of terrorism and recommends $150,000,000 for port security grants.

The Committee recommends $10,000,000 for intercity bus security grants for the improvement of ticket identification, the installation of driver shields, the enhancement of emergency communications, and further implementation of passenger screening.

The Committee recommends $30,000,000 for Operation Safe

Commerce to improve security for the movement of cargo through

the supply chain and to expand this initiative and its learned efficiencies to other ports.

The Committee recommends $25,000,000 for trucking industry

grants to expand the Highway Watch Grant program and

$13,000,000 for the hazardous materials permit program and truck

tracking system to provide for nationwide coverage.

As the Transportation Security Administration works to implement the transportation worker identification card [TWIC] program

the Committee encourages TSA to evaluate all technologies, including those currently in use in other Federal agencies including Department of Defense and the Department of the Treasury, to en-
31

sure that the most secure and cost efficient identification card is

developed.

INTELLIGENCE

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... $13,600,000

Committee recommendation ................................................................. 13,600,000

1 Included under ‘‘Administration’’.

The Transportation Security Administration is the primary liaison for transportation security to the intelligence and law enforcement communities to provide current and strategic warnings regarding threats to the Nation’s transportation modes and the identification of trends and changes in assessments of any threats to

the safety of transportation.

COMMITTEE RECOMMENDATIONS

The Committee recommends $13,600,000 for intelligence operations. The following table summarizes the Committee’s recommendations as compared to the budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Intelligence operations .................................................................................................... 13,600 13,600

Total, Intelligence .............................................................................................. 13,600 13,600

RESEARCH AND DEVELOPMENT

Appropriations, 2003 ............................................................................. $109,484,000

Budget estimate, 2004 ........................................................................... 75,200,000

Committee recommendation ................................................................. 130,200,000

Research and development activities of the Transportation Security Administration focus on the prevention of terrorist-committed

criminal civil aviation security incidents by developing technologies

and standards to counter traditional and non-traditional threats.

COMMITTEE RECOMMENDATIONS

The Committee recommends $130,200,000 for research and development. The following table summarizes the Committee’s recommendations as compared to the budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Research & development (Technological center) ........................................................... 55,200 55,200

Next generation EDS ....................................................................................................... 10,000 45,000

Air cargo pilot program .................................................................................................. 10,000 30,000

Total, Research & Development ........................................................................ 75,200 130,200

The Committee believes that the evolution of explosive detection

systems is a central component to reducing passenger and baggage

screeners and increasing the safety of passengers. The Committee

recommends $45,000,000 for research and development of next generation explosive detection systems.
32

The Committee recommends $30,000,000 for research and development of new air cargo security improvements.

ADMINISTRATION

Appropriations, 2003 ............................................................................. $306,693,000

Budget estimate, 2004 ........................................................................... 420,900,000

Committee recommendation ................................................................. 433,200,000

Administration of the Transportation Security Administration

provides for the support of financial and human resources support;

information technology support; policy development and oversight;

performance management and e-government; communication, public information and legislative affairs; training and quality performance; internal conduct and audit; legal advice; and the overall administration of headquarters.

COMMITTEE RECOMMENDATIONS

The Committee recommends $433,200,000 for TSA administration. The following table summarizes the Committee’s recommendations as compared to the budget request levels:

[In thousands of dollars]

Fiscal year 2004

budget

Committee

recommendation

Headquarters staff:

Personnel compensation & benefits ...................................................................... 141,100 141,100

Background checks ................................................................................................ ............................ 12,000

Rental space .......................................................................................................... 21,800 21,800

Furniture ................................................................................................................. 3,700 3,700

Transit benefits & parking .................................................................................... 1,100 1,100

Subtotal, Headquarters ..................................................................................... 167,700 179,700

Intelligence ...................................................................................................................... ( 1 ) ( 1 )

Field Administration: Mission Support Centers .............................................................. 40,000 40,000

Information technology:

Core activities ........................................................................................................ 145,200 145,200

Time & attendance ................................................................................................ 15,000 15,000

Performance management system ........................................................................ 5,000 5,000

E-government platform .......................................................................................... 5,000 5,000

Planet asset database ........................................................................................... 5,000 5,000

TSA call center ....................................................................................................... 1,900 1,900

CFO/Personnel systems .......................................................................................... 21,000 21,000

Subtotal, Information Technology ...................................................................... 198,100 198,100

Training:

Computer-based/Web-based training .................................................................... 1,000 1,000

Training evaluation program ................................................................................. 200 200

Leadership training ................................................................................................ 4,000 4,000

Tuition assistance program ................................................................................... 1,000 1,000

Quality systems ...................................................................................................... 2,500 2,500

Workforce planning ................................................................................................ 300 300

Regulatory training division .................................................................................. 3,200 3,200

Training evaluation & standards .......................................................................... 1,700 1,700

Learning management system support ................................................................. 1,500 1,500

Offsetting savings ................................................................................................. ¥300 ............................

Subtotal, Training .............................................................................................. 15,100 15,400

Total, Administration ......................................................................................... 420,900 433,200

1 Included in the fiscal year 2004 recommendation under separate title.
33

The Committee recommends $12,000,000 for the Transportation

Security Administration to conduct background investigations of security screeners as authorized by section 111 of the Aviation and

Transportation Security Act of 2001.

UNITED STATES COAST GUARD

SUMMARY

The United States Coast Guard was established on January 28,

1915, through the merger of the Revenue Cutter Service and the

Lifesaving Service. In 1939, the United States Lighthouse Service

was transferred to the Coast Guard, followed by the Bureau of Marine Inspection and Navigation in 1942. The Coast Guard has as

its primary responsibilities the enforcement of all applicable Federal laws on the high seas and waters subject to the jurisdiction

of the United States; promotion of safety of life and property at sea;

assistance to navigation; protection of the marine environment; and

maintenance of a state of readiness to function as a specialized

service in the Navy in time of war, as authorized by sections 1 and

2 of title 14, United States Code.

On March 1, 2003, the United States Coast Guard transferred in

its entirety from the Department of Transportation to the Department of Homeland Security in accordance with the Homeland Security Act of 2002 (Public Law 107–296). The Commandant of the

Coast Guard reports directly to the Secretary of the Department of

Homeland Security.

COMMITTEE RECOMMENDATIONS

The Committee recommends a total program level of

$6,886,000,000 for the activities of the Coast Guard for fiscal year

2004. The following table summarizes the Committee’s recommendations, as compared to the fiscal year 2003 and budget request levels:

Program Fiscal year 2003

enacted

Fiscal year 2004

estimate

Committee

recommendations

Operating Expenses ................................................................. 1 $4,522,028,000 2 $4,838,000,000 3 $4,719,000,000

Environmental Compliance and Restoration ........................... 16,890,000 .............................. 17,000,000

Reserve Training ...................................................................... 85,933,000 .............................. 95,000,000

Acquisition, Construction, and Improvements ......................... 4 720,277,000 5 797,000,000 1,035,000,000

Alteration of Bridges ................................................................ 17,088,000 .............................. ( 6 )

Research, Development, Test and Evaluation ......................... 21,857,000 .............................. ..............................

Retired Pay (mandatory) .......................................................... 889,000,000 1,020,000,000 1,020,000,000

Total ............................................................................ 6,273,000,000 6,655,000,000 6,886,000,000

1 Includes $228,000,000 in supplemental appropriations provided by Public Law 108–11, but excludes an additional $400,000,000 provided

by transfer from the Department of Defense pursuant to Public Law 108–11. 2 Includes $17,000,000 for Environmental Compliance and Restoration and $114,000,000 for Reserve Training.

3 Excludes $71,000,000 rescission of funds appropriated by Public Law 108–11.

4 Includes $17,000,000 rescission.

5 Includes $22,000,000 for research, development, test and evaluation.

6 Included in ‘‘Acquisition, Construction, and Improvements’’.
34

OPERATING EXPENSES

Appropriations, 2003 1 ........................................................................... $4,522,028,000

Budget estimate, 2004 2 ......................................................................... 4,838,000,000

Committee recommendation 3 ............................................................... 4,719,000,000

1 Includes $228,000,000 in supplemental appropriations provided by Public Law 108–11, but excludes an additional $400,000,000 provided by transfer from the Department of Defense pursuant to Public Law 108–11. 2 Includes funding for Environmental Compliance and Restoration and Reserve Training.

3 Excludes $71,000,000 rescission of funds appropriated by Public Law 108–11.

The Operating Expenses appropriation provides funds for the operation and maintenance of multipurpose vessels, aircraft, and

shore units strategically located along the coasts and inland waterways of the United States and in selected areas overseas. The program activities of this appropriation fall into the following categories:

Search and Rescue.—As one of its earliest and most traditional

missions, the Coast Guard maintains a nationwide system of boats,

aircraft, cutters, and rescue coordination centers on 24-hour alert.

Aids to Navigation.—To help mariners determine their location

and avoid accidents, the Coast Guard maintains a network of

manned and unmanned aids to navigation along the Nation’s

coasts and on its inland waterways, and operates radio stations in

the United States and abroad to serve the needs of the armed services and marine and air commerce.

Marine Safety.—The Coast Guard ensures compliance with Federal statutes and regulations designed to improve safety in the

merchant marine industry and operates a recreational boating safety program.

Marine Environmental Protection.—The primary objectives of the

marine environmental protection program are to minimize the dangers of marine pollution and to assure the safety of U.S. ports and

waterways.

Enforcement of Laws and Treaties.—The Coast Guard is the principal maritime enforcement agency with regard to Federal laws on

the navigable waters of the United States and the high seas, including fisheries, drug smuggling, illegal immigration, and hijacking of vessels.

Ice Operations.—In the Arctic and Antarctic, Coast Guard icebreakers escort supply ships, support research activities and Department of Defense operations, survey uncharted waters, and collect scientific data. The Coast Guard also assists commercial vessels through ice-covered waters.

Defense Readiness.—During peacetime, the Coast Guard maintains an effective state of military preparedness to operate as a

service in the Navy in time of war or national emergency at the

direction of the President. As such, the Coast Guard has primary

responsibility for the security of ports, waterways, and navigable

waters up to 200 miles offshore.

COMMITTEE RECOMMENDATIONS

The Committee recommends $4,719,000,000 for Coast Guard Operating Expenses, including $25,000,000 from the Oil Spill Liability

Trust Fund, and $340,000,000 for the Coast Guard’s defense-related activities including drug interdiction.
35

In addition, the Committee rescinds $71,000,000 of the funds

made available by Public Law 108–11, but no longer required for

‘‘Operation Liberty Shield’’.

The fiscal year 2004 budget estimate includes funding for Environmental Compliance and Restoration and Reserve Training within the Operating Expenses account. The Committee recommends

separate appropriations for those accounts.

The following table summarizes the Committee’s recommendations, as compared to the fiscal year 2003 and budget request levels:

Program, Project and Activities Fiscal year 2003

enacted

Fiscal year 2004

estimate 1

Committee

recommendations 1

Personnel resources:

Military pay and benefits ..................................................... $1,784,978,000 $1,993,713,000 $1,993,713,000

Civilian pay and benefits ..................................................... 372,234,000 381,246,000 381,246,000

Military health care .............................................................. 428,060,000 464,890,000 464,890,000

Permanent change of station and related travel and

transportation ................................................................... 93,241,000 105,184,000 105,184,000

Training and education ........................................................ 102,203,000 110,638,000 110,638,000

Recruiting .............................................................................. 20,112,000 20,702,000 20,702,000

FECA/UCX .............................................................................. 4,420,000 4,420,000 4,420,000

Subtotal ............................................................................ 2,805,248,000 3,080,793,000 3,080,793,000

Operating funds and unit level maintenance:

Atlantic area command ........................................................ 127,905,000 146,964,000 146,964,000

Pacific area command .......................................................... 144,293,000 162,790,000 162,790,000

District commands:

1st district ................................................................... 36,840,000 38,708,000 38,708,000

7th district ................................................................... 46,603,000 54,498,000 54,498,000

8th district ................................................................... 31,087,000 39,150,000 39,150,000

9th district ................................................................... 19,675,000 20,860,000 20,860,000

13th district ................................................................. 15,290,000 16,050,000 16,050,000

14th district ................................................................. 11,154,000 11,522,000 11,522,000

17th district ................................................................. 20,534,000 21,052,000 33,052,000

Headquarters directorates .................................................... 362,316,000 415,913,000 415,913,000

Headquarters managed units ............................................... 100,437,000 111,310,000 111,310,000

Other activities ..................................................................... 2,240,000 2,290,000 2,290,000

Department of Homeland Security administrative services ................................................................................... ............................ ¥23,000,000 ¥23,000,000

Subtotal ........................................................................ 918,374,000 1,018,107,000 1,030,107,000

Intermediate and depot level maintenance:

Aircraft maintenance ............................................................ 204,194,000 218,771,000 218,771,000

Electronic maintenance ........................................................ 83,328,000 89,889,000 89,889,000

Ocean engineering and shore facility maintenance ............ 150,186,000 152,048,000 152,048,000

Vessel maintenance .............................................................. 132,698,000 147,392,000 147,392,000

Subtotal ............................................................................ 570,406,000 608,100,000 608,100,000

Emergency wartime supplemental (Public Law 108–11) ............. 228,000,000 ............................ ............................

Total, operating expenses ................................................ 4,522,028,000 4,707,000,000 4,719,000,000

1 Does not include funding for Environmental Compliance and Restoration or Reserve Training.

Automated Secure Vessel Tracking System.—The Committee understands that the Coast Guard is currently developing standards

of technology for an Automated Secure Vessel Tracking System

[ASVTS] to be used for tracking marine vessel positions and movements. The Committee supports technology that will provide Maritime Domain Awareness by providing the Coast Guard and Depart-
36

ment with information on long-range tracking of deep draft vessels

en route and operating in U.S. waters, thereby achieving an enhanced level of maritime and homeland security. The Committee

directs the Coast Guard to complete these standards within 90

days of enactment of this Act.

Ballast Water Management Program.—Included in the Committee recommendation is $4,000,000 to assist the Coast Guard in

transitioning the ballast water management program from a voluntary to a mandatory enforcement of guidelines for the prevention

of the introduction of aquatic nuisance species into waters of the

United States through the ballast water of ships.

Coast Guard Yard.—The Committee recognizes the Coast Guard

Yard at Curtis Bay, Maryland, is a critical component of the Coast

Guard’s core logistics capability that directly supports fleet readiness. The Committee further recognizes that the yard has been a

vital part of the Coast Guard’s readiness and infrastructure for

more than 100 years and believes that sufficient industrial work

should be assigned to the Yard to maintain this capability.

Facilities.—The Committee understands that the Coast Guard

has had meaningful discussions with the Riverfront Development

Corporation and the City of Memphis, Tennessee, regarding plans

to relocate Coast Guard facilities from their current position on the

Memphis Riverfront to another location. The Coast Guard is encouraged to continue these discussions and to keep the Committee

apprised of future conversations and any decisions made about the

relocation of Coast Guard facilities.

Joint Harbor Operations Center.—The Committee is aware of the

close working relationship that has developed between the Coast

Guard and U.S. Navy in efforts to enhance maritime Homeland Security. The Coast Guard’s employment of Navy Patrol Coastal

Craft and discussions exploring the creation and joint manning of

Joint Harbor Operations Center [JHOC] is encouraging.

As the Coast Guard develops its Homeland Security-Maritime

[HLS–M] concepts of operations, the Committee encourages continued development of surveillance and security technologies with the

U.S. Navy, and believes the Coast Guard should leverage existing

infrastructure and capabilities such as the Littoral Surveillance

System [LSS] in order to maximize coordination and to eliminate

or avoid redundancies.

To better develop synergies with the Navy in the common antiterrorism and force protection [ATFP]/HLS–M mission, the Coast

Guard is strongly encouraged to continue working with the Navy

in establishing Joint Harbor Operations Centers while leveraging

the unique capabilities provided by the Navy Reserves’ LSS infrastructure and consider co-locating Coast Guard Patrol Coastal [PC].

Marine Fire and Safety Association.—The Committee remains

supportive of efforts by the Marine Fire and Safety Association

[MFSA] to provide specialized firefighting training and maintain

an oil spill response contingency plan for the Columbia River. The

Committee encourages the Secretary to provide funding for MFSA

consistent with the authorization.

Marine Vessel and Cold Water Safety Education.—The Committee encourages the Coast Guard to continue existing cooperative

agreements and partnerships with organizations that provide ma-
37

rine vessel safety training and cold water immersion education and

outreach programs for fishermen and children.

Maritime Safety and Security Teams.—The Committee recommends $76,000,000 for the Maritime Safety and Security Teams

[MSST] to fund a total of seven MSST’s, which provide

antiterrorism force protection for strategic shipping, high interest

vessels and critical infrastructure in our Nation’s seaports.

Maritime Transportation Security Plan.—In accordance with

Public Law 107–295, the Maritime Transportation Security Act of

2002, the Coast Guard serves as the lead agency to develop a National Maritime Transportation Security Plan, develop maritime

transportation security plans for designated areas, and review all

security plans prepared by vessel or facility owners or operators. To

meet requirements set in Public Law 107–295, vessel and facility

owners must submit security plans to the Coast Guard for review

and approval within 6 months of that notice. The Committee understands that based on Coast Guard estimates, approximately

10,000 vessel security plans and 5,000 facility security plans will

be submitted to the Coast Guard for review and approval. In order

to meet the entry-into-force date of the new International Ship and

Port Facility Security Code and Safety-of-Life at Sea amendments,

the Coast Guard must review and approve all plans by July 1,

2004. The Committee directs the Coast Guard to submit a report

to the Committee within 90 days of enactment of this Act describing how it plans to meet these obligations, including the budgetary

resources necessary to complete the development, review and approval of these plans.

Merchant Mariner Licensing and Documentation.—The Committee understands that the Coast Guard National Maritime Center is planning the centralization of the Merchant Mariner Licensing and Documentation [MMLD] function. As part of the plan, the

Committee directs the Coast Guard to undertake a cost-benefit

analysis of co-locating the centralized Merchant Mariner Licensing

and Documentation function with the Coast Guard’s National Vessel Documentation Center. The results of this analysis are to be

provided to the Committee 30 days following the completion of the

MMLD Centralization plan, but no later than October 1, 2003.

North Pacific Maritime Boundary Line Technology.—The Committee is concerned with the number of foreign fishing vessels

crossing the Maritime Boundary Line in the North Pacific and the

Coast Guard’s reduced emphasis on fisheries enforcement. The

Committee notes that the Coast Guard is required to comply with

Section 888 of the Homeland Security Act of 2002 (Public Law 108–

7). The Committee directs the Commandant of the Coast Guard to

review technologies that would enhance and provide for greater

Coast Guard presence along the North Pacific Maritime Boundary

Line and report to the Committee by January 30, 2004. In addition

to Deepwater assets, the following technologies are to be considered: (1) Unmanned Aerial Vehicles, (2) sensors, (3) and other appropriate technologies.

Quarterly Acquisition and Mission Emphasis Reports.—The Commandant is directed to continue to submit the quarterly acquisition

and mission emphasis reports to the Committee consistent with the
38

deadlines articulated under Section 360 of Division I of Public Law

108–7.

Station Indian River Inlet.—The Committee is aware that a staffing shortage may exist at Coast Guard Station Indian River Inlet

following the addition of new security requirements. The station

acts as the gateway to the ports of Wilmington, Delaware, and

Philadelphia, Pennsylvania. The men and women at this station

maintain a safe and secure waterway for vessels traveling to these

ports. They also provide waterside security for the Salem Nuclear

Power Plant, bridges over navigational waters, oil refineries and

tourist attractions along the Delaware River, Delaware Bay and

Delaware’s Atlantic Coast. As such, the Commandant is encouraged to evaluate the staffing levels at this station to determine if

additional staffing is necessary.

ENVIRONMENTAL COMPLIANCE AND RESTORATION

Appropriations, 2003 ............................................................................. $16,890,000

Budget estimate, 2004 1 ......................................................................... ...........................

Committee recommendation ................................................................. 17,000,000

1 Included in the fiscal year 2004 budget estimate for ‘‘Operating Expenses’’.

The Environmental Compliance and Restoration account provides

funds to address environmental problems at former and current

Coast Guard units as required by applicable Federal, State, and

local environmental laws and regulations. Planned expenditures for

these funds include major upgrades to petroleum and regulatedsubstance storage tanks, restoration of contaminated ground water

and soils, remediation efforts at hazardous substance disposal sites,

and initial site surveys and actions necessary to bring Coast Guard

shore facilities and vessels into compliance with environmental

laws and regulations.

COMMITTEE RECOMMENDATIONS

The Committee recommends $17,000,000 for environmental compliance and restoration.

The Committee does not agree with the fiscal year 2004 budget

request to combine environmental compliance and restoration funding with the operating expenses account.

RESERVE TRAINING

Appropriations, 2003 ............................................................................. $85,933,000

Budget estimate, 2004 1 ......................................................................... ...........................

Committee recommendation ................................................................. 95,000,000

1 Included in the fiscal year 2004 budget estimate for ‘‘Operating Expenses’’.

The Secretary of the Department of Homeland Security is required to adequately support the development and training of a Reserve force to ensure that the Coast Guard will be sufficiently organized, manned, and equipped to fully perform its wartime missions.

The purpose of the Reserve training program is to provide trained

units and qualified persons for active duty in the Coast Guard in

time of war or national emergency, or at such other times as the

national security requires. Coast Guard reservists must also train

for mobilization assignments that are unique to the Coast Guard

in times of war, such as port security operations associated with
39

the Coast Guard’s Maritime Defense Zone [MDZ] mission and include deployable port security units.

COMMITTEE RECOMMENDATIONS

The Committee recommends $95,000,000 for reserve training.

The Committee does not agree with the fiscal year 2004 budget

request to combine reserve training funding with the operating expenses account.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

Appropriations, 2003 1 ........................................................................... $720,277,000

Budget estimate, 2004 ........................................................................... 797,000,000

Committee recommendation ................................................................. 1,035,000,000

1 Includes $17,000,000 rescission.

Funding requested in this account will support the Coast Guard’s

continuing plans for fleet expansion and improvement and alteration or removal of obstructive bridges.

The majority of the funding requested in this account provides

for the acquisition, construction, and improvement of vessels, aircraft, information management resources, shore facilities, and aids

to navigation required to execute the Coast Guard’s missions and

achieve its performance goals.

Vessels.—In fiscal year 2004, the Coast Guard will continue to

acquire multi-mission platforms that use advanced technology to

reduce life cycle operating costs. The Great Lakes icebreaking replacement project will continue.

Deepwater.—The Deepwater capability replacement project continues with full scale development. In fiscal year 2004, the Coast

Guard will continue to acquire and build the selected integrated

deepwater system.

Other Equipment.—In fiscal year 2004, the Coast Guard will invest in numerous management information and decision support

systems that will result in increased efficiencies. Rescue 21, formerly the National Distress and Response System Modernization

Project, will continue.

Shore Facilities.—In fiscal year 2004, the Coast Guard will invest

in modern structures that are more energy-efficient, comply with

regulatory codes, minimize follow-on maintenance requirements

and replace existing dilapidated structures.

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,035,000,000 for acquisitions, construction, and improvements, including $23,500,000 from the Oil

Spill Liability Trust Fund. The following table summarizes the

Committee’s recommendations as compared to the fiscal year 2003

and budget request levels:

Program, Project, Activity Fiscal year 2003

enacted

Fiscal year 2004

estimate

Committee

recommendations

Vessels:

Great Lakes Icebreaker [GLIB] replacement ......................... ............................ $2,000,000 $2,000,000

41 foot utility boat replacement .......................................... ............................ 12,000,000 12,000,000

Coastal patrol boats ............................................................. ............................ 52,500,000 52,500,000
40

Program, Project, Activity Fiscal year 2003 enacted

Fiscal year 2004 estimateCommittee recommendations

Subtotal, vessels .............................................................. $25,434,000 66,500,000 66,500,000

Integrated Deepwater Systems [IDS]:

Aircraft .................................................................................. ............................ 64,100,000 176,500,000

Surface Ships ........................................................................ ............................ 234,000,000 282,600,000

C4ISR .................................................................................... ............................ 80,400,000 121,400,000

Logistics ................................................................................ ............................ 45,400,000 45,400,000

System engineering and integration .................................... ............................ 42,100,000 42,100,000

Government program management ...................................... ............................ 34,000,000 34,000,000

Subtotal, IDS .................................................................... 474,893,000 500,000,000 702,000,000

Aircraft: Aviation parts and support ............................................. 3,974,000 ............................ ............................

Other Equipment:

Rescue 21 ............................................................................. ............................ 134,000,000 134,000,000

Defense message system implementation ........................... ............................ 4,500,000 4,500,000

Automatic Identification System ........................................... ............................ ............................ 40,000,000

Subtotal, other equipment ............................................... 120,512,000 138,500,000 178,500,000

Shore facilities and aids to navigation ........................................ 49,874,000 ............................ ............................

Personnel compensation and benefits:

Direct personnel costs .......................................................... ............................ 69,500,000 69,500,000

Core acquisition costs .......................................................... ............................ 500,000 500,000

Subtotal, personnel and related support ......................... 62,590,000 70,000,000 70,000,000

Alteration of Bridges ...................................................................... ( 1 ) ............................ 18,000,000

Research, development, test and evaluation ................................ ( 1 ) 22,000,000 ............................

Total, Acquisitions, Construction & Improvements .......... 737,277,000 797,000,000 1,035,000,000

1 Funded in fiscal year 2003 under separate accounts.

Alteration of Bridges.—Under the provisions of the TrumanHobbs Act of June 21, 1940 (33 U.S.C. 511 et seq.), the Coast

Guard, as the Federal Government’s agent, is required to share

with owners the cost of altering railroad and publicly owned highway bridges which obstruct the free movement of navigation on

navigable waters of the United States in accordance with the formula established in 33 U.S.C. 516. Alteration of obstructive highway bridges is eligible for funding from the Federal-Aid Highways

program. The Committee provides $18,000,000 for the alteration of

bridges, of which $5,000,000 is for the Florida Avenue Bridge, New

Orleans, LA; $1,500,000 for the EJ&E Railroad Bridge, Morris, IL;

$2,000,000 for the John F. Limehouse Bridge, Charleston, SC;

$2,500,000 for the Chelsea Street Bridge Project, Boston, MA; and

$7,000,000 for the Fourteen Mile CSX Railroad Bridge, Mobile, AL.

Automatic Identification System.—Included in the Committee

recommendation is $40,000,000 for the Automatic Identification

System [AIS]. International regulations require that by December

31, 2004, all vessels greater than 300 gross tons and engaged on

international voyages be equipped with and operate an AIS. Additionally, the Maritime Transportation Security Act accelerates the

international rules to require all passenger ships and tankers to

carry AIS equipment by July 1, 2003. It also requires all domestic

commercial vessels greater than 65 feet, and towing vessels 26 feet

or greater and 600 horsepower to have AIS equipment on board by

the end of 2003. The AIS system transmits important safety and

security information that can be used to prevent a transportation
41

security incident, such as a vessel’s identification, position, heading, ship length, beam type, draft, and hazardous cargo information. Since 1998, the Coast Guard has been installing a nationwide

shore-based universal AIS coverage system to receive this information and track vessels throughout the coastal zone. Currently, the

acquisition and installation of AIS equipment has been completed

in only three locations and four others are planned through January 2004. The Committee directs the Coast Guard to submit a report to the Committee within 90 days of enactment of this Act detailing the acquisition and installation schedule of the shore-based

universal AIS coverage system in ports nationwide, including associated costs to complete such a schedule.

Integrated Deepwater Systems Program.—The Committee pro- vides $702,000,000 for the Integrated Deepwater Systems program.

The following table summarizes the Committee’s recomendations as

compared to the budget request levels:

Program, Project, Activity Fiscal year 2004

estimate

Committee

recommendations

Aircraft:

Maritime Patrol Aircraft ......................................................................................... ............................ $25,000,000

Unmanned Air Vehicles .......................................................................................... ............................ 83,800,000

Other contracts/legacy sustainment ...................................................................... $64,100,000 67,700,000

Surface:

National Security Cutter ........................................................................................ 208,000,000 208,000,000

Fast Response Cutter/110–123 ft. patrol boat conversion .................................. 23,000,000 66,000,000

Short Range Prosecutor ......................................................................................... ............................ 1,600,000

Other contracts/legacy sustainment ...................................................................... 3,000,000 7,000,000

C4ISR:

Command & Control System for Common Operating Picture [COP] .................... 58,000,000 88,000,000

Cutter Upgrade—C4ISR ........................................................................................ ............................ 11,000,000

Shore sites ............................................................................................................. 8,200,000 8,200,000

Other contracts/legacy sustainment ...................................................................... 14,200,000 14,200,000

Logistics:

Integrated logistics support .................................................................................. 19,200,000 19,200,000

Facilities design required for future asset deployments ...................................... 5,500,000 5,500,000

Shore facilities ....................................................................................................... 20,700,000 20,700,000

Systems Engineering and Integration ............................................................................ 42,100,000 42,100,000

Government Program Management ................................................................................ 34,000,000 34,000,000

Total, Integrated Deepwater Systems ............................................................... 500,000,000 702,000,000

Rescue 21.—The Committee provides $134,000,000 for the Rescue

21 program, which is effectively the maritime 9–1–1 system for

mariners in distress.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Appropriations, 2003 ............................................................................. $21,857,000

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. ...........................

1 Included in ‘‘Acquisition, Construction, Improvements’’.

COMMITTEE RECOMMENDATIONS

The Committee does not recommend funding for research, development, test and evaluation within the Coast Guard.

The Committee acknowledges that the Homeland Security Act of

2002 established the Science and Technology Directorate to work

within the Department of Homeland Security to identify priorities

and conduct research in collaboration with each of the agencies of
42

the Department to reduce duplication of effort. The Committee directs the Under Secretary for Science and Technology to work with

the Commandant of the Coast Guard to establish the research and

development priorities for the Coast Guard, and to use funds from

within Science and Technology’s Research, Development, Acquisition and Operations account for those purposes. The Committee expects the Coast Guard to report to the Committee regarding the

agreed upon priorities for research and development with Science

and Technology within 90 days of enactment of this Act, and to

provide quarterly updates on the status of these projects.

RETIRED PAY

Appropriations, 2003 ............................................................................. $889,000,000

Budget estimate, 2004 ........................................................................... 1,020,000,000

Committee recommendation ................................................................. 1,020,000,000

This account provides for the retired pay of military personnel of

the Coast Guard and Coast Guard Reserve, members of the former

Lighthouse Service, and for annuities payable to beneficiaries of retired military personnel under the retired serviceman’s family protection plan (10 U.S.C. 1431–1446) and survivor benefit plan (10

U.S.C. 1447–1455); payments for career status bonuses under the

National Defense Authorization Act; and for payments for medical

care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C., ch. 55).

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,020,000,000 for retired pay.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

Appropriations, 2003 1 ........................................................................... $1,052,461,000

Budget estimate, 2004 ........................................................................... 1,120,372,000

Committee recommendation ................................................................. 1,114,737,000

1 Includes $30,000,000 in supplemental appropriations provided by Public Law 108–11.

The Secret Service is responsible for the security of the President, the Vice President and other dignitaries and designated individuals; for enforcement of laws relating to obligations and securities of the United States and financial crimes, such as financial institution fraud and other fraud; and for protection of the White

House and other buildings within Washington, D.C.

Investigations, Protection, and Uniformed Activities.—The Service

must provide for the protection of the President of the United

States, members of his immediate family, the President-elect, the

Vice President, or other officer next in the order of succession to

the Office of the President, and the Vice President-elect, and the

members of their immediate families unless the members decline

such protection; protection of the person of a visiting head and accompanying spouse of a foreign state or foreign government and, at

the direction of the President, other distinguished foreign visitors

to the United States and official representatives of the United

States performing special missions abroad; the protection of the

person of former Presidents, their spouses and minor children un-
43

less such protection is declined. The Service is also responsible for

the detection and arrest of persons engaged in counterfeiting, forging, or altering of any of the obligations or other securities of the

United States and foreign governments; the investigation of thefts

and frauds relating to Treasury electronic fund transfers; fraudulent use of debit and credit cards; fraud and related activity in connection with Government identification documents; computer fraud;

food coupon fraud; and the investigation of personnel, tort claims,

and other criminal and non-criminal cases. The Secret Service Uniformed Division protects the Executive Residence and grounds in

the District of Columbia; any building in which White House offices

are located; the President and members of the President’s immediate family; the official residence and grounds of the Vice President in the District of Columbia; the Vice President and members

of the Vice President’s immediate family; foreign diplomatic missions located in the Washington, D.C., metropolitan area; and the

Treasury Building, its annex and grounds, and such other areas as

the President may direct on a case-by-case basis.

Presidential Candidate Protective Activities.—The Secret Service

is authorized to protect major Presidential and Vice Presidential

candidates, as determined by the Secretary of Homeland Security

after consultation with an advisory committee. In addition, the

Service is authorized to protect the spouses of major Presidential

and Vice Presidential candidates; however, such protection may not

commence more than 120 days prior to the general Presidential

election.

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,114,737,000 for salaries and expenses for fiscal year 2004. The Committee provides an increase of $9,000,000 from the

budget request to restore the Service’s base program funding. Also

included in the amount recommended by the Committee is

$16,365,000 for the White House mail screening and processing.

This is the amount estimated by the Secret Service to be required

to enhance ongoing operations at the Edgewood Chemical Biological Center at the Aberdeen Proving Grounds, Maryland. This funding is a follow-on to the transfer of $9,000,000 in fiscal year 2003

from the Executive Office of the President for mail screening and

processing. In addition, the Committee provides $1,633,000 for the Service’s

operation costs of the exploited child unit, associated with its continued efforts with the National Center for Missing and Exploited

Children, and $5,000,000 for a grant for investigations of exploited

children.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

Appropriations, 2003 ............................................................................. $3,496,000

Budget estimate, 2004 ........................................................................... 3,579,000

Committee recommendation ................................................................. 3,579,000

This appropriation provides funding for security upgrades of existing facilities and the James J. Rowley Training Center to continue development of the current Master Plan and to maintain and
44

renovate existing facilities to ensure efficient and full utilization of

the Center.

COMMITTEE RECOMMENDATIONS

The Committee recommends an appropriation of $3,579,000 for

the ‘‘Acquisition, Construction, Improvements, and Related Expenses’’ account in fiscal year 2004.
(45)

TITLE IV—ASSESSMENTS, PREPAREDNESS, AND RECOVERY

COUNTERTERRORISM FUND

Appropriations, 2003 1 ........................................................................... $159,935,000

Budget estimate, 2004 ........................................................................... 40,000,000

Committee recommendation ................................................................. 20,000,000

1 Includes $150,000,000 in supplemental appropriations provided by Public Law 108–11.

The Counterterrorism Fund provides a means to cover unanticipated costs associated with: (1) providing support to counter, investigate, or prosecute domestic or international terrorism, including

payment of rewards in connection with these activities; and (2) reestablishing the operational capability of an office, facility or other

property damaged or destroyed as a result of any domestic or international terrorist incident.

COMMITTEE RECOMMENDATIONS

The Committee recommends an appropriation of $20,000,000 for

the Counterterrorism Fund. These funds are provided for responding to unforeseen emergencies not budgeted for in the regular process. These funds are to be made available at the direction of the

Secretary of Homeland Security with advance notice of the Committees on Appropriations.

Additional unobligated balances of prior-year appropriations are

available to supplement the funding recommended for this account.

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

Appropriations, 2003 1 ........................................................................... $136,108,000

Budget estimate, 2004 ........................................................................... 122,379,000

Committee recommendation ................................................................. 172,736,000

1 Includes $2,000,000 in supplemental appropriations provided by Public Law 108–11.

The Federal Law Enforcement Training Center [FLETC] provides the necessary facilities, equipment, and support services for

conducting recruit, advanced, specialized, and refresher training for

Federal law enforcement personnel. FLETC personnel conduct the

instructional programs for the basic recruit and some of the advanced training. This appropriation is for operating expenses of

FLETC, for research in law enforcement training methods, and curriculum content. In addition, FLETC has a reimbursable program

to accommodate the training requirements of various Federal agencies. As funds are available, law enforcement training is provided

to certain State, local, and foreign law enforcement personnel on a

space-available basis.
46

COMMITTEE RECOMMENDATIONS

The Committee recommends an appropriation of $172,736,000 for

salaries and expenses of the Federal Law Enforcement Training

Center. An increase of $50,357,000 is provided to cover additional

student weeks of basic training not provided for by the budget request.

The Federal Law Enforcement Training Center is the Federal

Government’s principal provider of interagency law enforcement

training. The Committee expects the Director of FLETC to ensure

that all of the training centers are operated at the highest capacity

feasible throughout the fiscal year. The Director should have the

authority to determine where to schedule all basic and advanced

law enforcement training.

To assist FLETC in meeting its State, local, and other training

needs, the Committee encourages FLETC to continue existing institutional partnerships prior to initiating new partnerships.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

Appropriations, 2003 ............................................................................. $35,766,000

Budget estimate, 2004 ........................................................................... 23,679,000

Committee recommendation ................................................................. 28,708,000

This account provides for the acquisition and related costs for expansion and maintenance of facilities of the Federal Law Enforcement Training Center. This includes funding for the facilities’ Master Plan, minor construction and maintenance, firearms environmental restoration and reconstruction, environmental compliance,

and installation of fiber optics communications systems. The Master Plan provides a long-range blueprint for expansion of facilities

to meet the training requirements of the over 76 partner organizations. Minor construction and maintenance provides alterations

and maintenance funding for approximately 300 buildings at three

locations (Glynco, Georgia; Artesia, New Mexico; and Cheltenham,

Maryland). The firearms environmental restoration and reconstruction funds the clean-up of existing outdoor ranges and reconstruction. The environmental compliance funds are to ensure compliance

with Environmental Protection Agency and state environmental

laws and regulations. The fiber optics funding will be used to replace the existing antiquated twisted copper wire telecommunications system with a state-of-the-art fiber optic telecommunications cable system.

COMMITTEE RECOMMENDATIONS

The Committee recommends an appropriation of $28,708,000 for

acquisition, construction, improvements, and related expenses, and

related costs for expansion and maintenance of facilities of the Federal Law Enforcement Training Center [FLETC].

The Committee provides an increase of $5,029,000 from the

budget estimate to construct an indoor/outdoor firearms range at

FLETC’s Artesia, NM, location. This is the next facility scheduled

in accordance with FLETC’s proposed construction plan.
47

OFFICE FOR DOMESTIC PREPAREDNESS

The Committee recommends a total of $3,638,000,000 for the Office for Domestic Preparedness [ODP], including $2,888,000,000 for

State and Local Programs and $750,000,000 for Firefighter Assistance Grants. A separate appropriation of $165,000,000 is recommended for Emergency Management Performance Grants under

Emergency Preparedness and Response. This is a total of

$245,000,000 above the fiscal year 2004 consolidated ODP appropriation for these programs requested in the budget.

STATE AND LOCAL PROGRAMS

Appropriations, 2003 1 ........................................................................... $3,235,884,000

Budget estimate, 2004 2 ......................................................................... 3,558,000,000

Committee recommendation ................................................................. 2,888,000,000

1 Includes $2,230,000,000 in supplemental appropriations provided by Public Law 108–11.

2 Includes $500,000,000 for firefighter assistance grants; $500,000,000 for State and local law

enforcement terrorism prevention grants; and $150,000,000 for emergency management performance grants.

ODP provides State and local governments with grants for training, equipment (including interoperable communications equipment), exercises, and technical assistance to improve their readiness for terrorism incidents. This assistance is for strengthening

‘‘first responders’’—police, fire, rescue, emergency and other personnel who are first on scene in the event of a terrorist attack. For

the purpose of eligibility for funds under this heading, a ‘‘local government’’ will continue to include any county, city, village, town,

district, or other political subdivision of any State, and any Indian

tribe, or authorized tribal organization, or Alaska Native village or

organization. Furthermore, any port authority, transit authority,

water district, regional planning commission, or council of government may be considered a local government.

COMMITTEE RECOMMENDATIONS

The Committee recommends $2,888,000,000 for State and Local

Programs, to remain available until expended. The fiscal year 2004

budget proposes to consolidate an additional $650,000,000 with the

ODP State and local grants, including funding for Firefighter Assistance Grants and Emergency Management Performance Grants.

The Committee continues funding for both these programs under

separate accounts.

The funds provided for ODP State and local grants are to be used

for purposes consistent with each State’s homeland security strategy, including training and exercises; equipment, including interoperable communications equipment; and technical assistance; and

may not be used for construction activities.

State and Local Grants.—The Committee provides

$1,750,000,000 for a formula grant program to be allocated on a

per capita basis to the States subject to section 1014 of Public Law

107–56. Funds shall be disbursed within 60 days after enactment

of this Act. Not less than 80 percent of funding provided to each

State shall be obligated to local governments within 45 days after

the States’ receipt. Of the amount provided for State and local programs, $50,000,000 is available for Citizen Corps.
48

Further, of the amount provided, $500,000,000 is for State and

local law enforcement terrorism prevention grants. The number one

objective of homeland security is to prevent terrorist attacks within

the United States. This funding is provided to support activities to

establish and enhance State and local efforts to prevent and deter

terrorist attacks domestically; however, States may allocate additional funding for this purpose if their strategic priorities determine additional funds to be required. Allowable program activities

are: (1) information sharing to preempt terrorist attacks through

structured information collections and sharing; (2) target hardening

to reduce vulnerability of selected high value targets; (3) threat recognition to recognize the potential or development of a threat; and

(4) intervention activities to interdict terrorists before they can execute a threat. Approved costs include, but are not limited to, personnel costs, to include overtime as authorized/approved by the

State administrative agency, equipment, systems and other related

expenses.

In many communities private Emergency Medical Services [EMS]

providers are the sole providers of emergency medical services. The

Committee notes that ODP has determined both public and private

EMS providers to be eligible for State and local grants, if consistent

with the individual State’s homeland security strategy.

An October 2001 General Accounting Office [GAO] report, the

most recent study on Federal funding for emergency medical services, showed that funding for EMS needs totaled $30,000,000 in fiscal year 2000. Since that report, Congress has substantially increased appropriations to the firefighter assistance grants program

and the State formula grants through ODP, both of which serve the

EMS community. The Committee directs ODP to submit a report

to the Committee by June 14, 2004, that accounts for fire grant

and State formula grants allocated to independent EMS teams, and

to those operating as part of a fire department. The report should

include a description of the barriers that EMS teams face in receiving Federal grants, and recommendations for eliminating those

barriers.

Technical Assistance.—The Committee provides $30,000,000 for

direct technical assistance to States.

High-Threat Urban Areas.—The Committee provides

$750,000,000 for discretionary grants to high-threat urban areas.

The Committee expects ODP to allocate these funds no later than

30 days after enactment of the Act. No less than 80 percent of discretionary grants provided to any State shall be obligated to local

governments within 45 days of the States’ receipt of funds. In making grants to State and local governments, the Secretary of Homeland Security shall take into consideration credible threat, vulnerability, population, cooperation of multiple jurisdictions in preparing domestic preparedness plans, and identified needs of public

agencies. Grants may be made to single or multiple jurisdictions in

the same urban area.

National Programs.—Included in the amount recommended is

$358,000,000 for national programs. Included in this amount is:

$60,000,000 for the Center for Domestic Preparedness; $80,000,000

for the existing members of the National Domestic Preparedness

Consortium; $28,000,000 for the continuation of core training pro-
49

grams; $60,000,000 for competitive grants for emerging training;

$50,000,000 for exercises; $40,000,000 for equipment support;

$10,000,000 for technical assistance; and $30,000,000 for management and administration.

The Committee is aware of the need to ensure an adequate

amount of training capacity, and the desire to take advantage of

emerging training capabilities for State and local first responders.

The competitive grants recommended for emerging training are intended to assist in meeting those needs.

The Committee supports ODP’s current multi-year plan with the

National Institute of Standards and Technology [NIST] to develop

performance standards for the key equipment categories of personal protective and detection equipment, and communications

technology. This initiative is vital to ODP’s mission of support to

State and local governments to help them make better informed decisions as to what equipment best meets their requirements and is

viewed as complimentary to the broader research and development

mission of the Directorate of Science and Technology. ODP’s plan

with NIST for equipment assessment against standards should

produce equipment acquisition guidance, similar to that provided

by Office of National Drug Control Policy’s Technology Assistance

Program, in the form of catalogues of equipment that have met the

standards.

FIREFIGHTER ASSISTANCE GRANTS

Appropriations, 2003 1 ........................................................................... $745,125,000

Budget estimate, 2004 ........................................................................... ( 2 )

Committee recommendation ................................................................. 750,000,000

1 Appropriated to the Federal Emergency Management Agency by Public Law 108–7, and

transferred to the Department of Homeland Security Emergency Preparedness and Response Directorate. 2 Included in the ‘‘State and Local Program’’ account.

The Firefighter Assistance Grants, as authorized by section 33 of

the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2202 et seq.), provides assistance to local fire fighting departments

for the purpose of protecting the health and safety of the public

and fire fighting personnel, including volunteers and emergency

medical service personnel, against fire and fire-related hazards.

COMMITTEE RECOMMENDATIONS

The Committee recommends $750,000,000 for Firefighter Assistance Grants, to remain available until expended.

Firefighter Assistance Grants is a well regarded and effective

program. The Committee supports the continuation of the peer review process, and making grants directly to fire departments. The

Committee believes that this should remain a separate grant program within the Department of Homeland Security, and not be

combined with any other grant program.
50

OFFICE OF THE UNDER SECRETARY FOR EMERGENCY PREPAREDNESS

AND RESPONSE

Appropriations, 2003 ............................................................................. ...........................

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $3,615,000

1 Included in the fiscal year 2004 budget estimate for ‘‘Departmental Operations’’.

The Office of the Under Secretary for Emergency Preparedness

and Response is responsible for helping to ensure the effectiveness

of emergency response providers to terrorist attacks, major disasters, and other emergencies; providing the Federal Government’s

response to terrorist attacks and major disasters and aiding in the

recovery from such disasters; and building a comprehensive national incident management system to respond to such attacks and

disasters with Federal, State, and local government personnel,

agencies and authorities.

COMMITTEE RECOMMENDATIONS

For the Office of the Under Secretary for Emergency Preparedness and Response, the Committee recommends $3,615,000. Included in this amount is $3,042,000 for salaries and benefits;

$162,000 for travel; $78,000 for supplies; $20,000 for training; and

$313,000 for other expenses.

The Committee is aware that funds have been made available to

the Department of the Army for the Chemical Stockpile Emergency

Preparedness Program [CSEPP], specifically for improvements surrounding the Anniston Army Depot. The Committee directs the

Under Secretary for Emergency Preparedness and Response

[EP&R] to work with the Department of the Army to ensure that

the funds appropriated for CSEPP are properly transferred to

EP&R, and to work with the local community to complete all necessary actions to ensure the safety of the surrounding community.

EMERGENCY PREPAREDNESS AND RESPONSE

OPERATING EXPENSES

Appropriations, 2003 1 ........................................................................... $1,210,618,000

Budget estimate, 2004 2 ......................................................................... 1,652,267,000

Committee recommendation ................................................................. 826,801,000

1 Includes $45,000,000 in supplemental appropriations for Operating Expenses and $54,750,000 in supplemental appropriations for Emergency Management Planning and Assistance provided by Public Law 108–11. 2 Includes $890,000,000 and proposes legislation to establish a new permanent, indefinite authority to purchase biodefense countermeasures in lieu of discretionary appropriations.

Funding requested in this account will support the functions of

the Office of Emergency Preparedness, the National Disaster Medical System, the Strategic National Pharmaceutical Stockpile, and

other operating expenses to administer programs of the Emergency

Preparedness and Response Directorate of the Department of

Homeland Security. It consolidates funding for programs formerly

funded through the Department of Health and Human Services’

General Departmental Management account and the Federal

Emergency Management Agency’s Salaries and Expenses, Emergency Management Planning and Assistance, and Disaster Assistance for Unmet Needs accounts.
51

COMMITTEE RECOMMENDATIONS

The Committee recommends $826,801,000 for emergency preparedness and response operating expenses.

The Committee provides $163,000,000 to support activities related to Preparedness, Mitigation, Response and Recovery, including response and recovery, fire prevention and training, mitigation

programs, and preparedness.

The Committee provides $434,000,000 for Public Health Programs, including the Disaster Medical Assistance Teams and the

Strategic National Stockpile, which were transferred from the Department of Health and Human Services with the creation of the

Department of Homeland Security.

The Committee provides $165,214,000 for Administrative and Regional Operations responsible for providing critical information to

the public, the media, and the emergency management community

regarding disaster response activities and awareness and preparedness measures.

The Committee provides $64,587,000 for the 28 existing Urban

Search and Rescue Teams [USAR]. The Committee appreciates the

commitment the USAR teams have made as first responders to

both natural disasters and acts of terrorism. Except for up to 5 percent of these funds which can be used to support the Emergency

Preparedness and Response administrative costs, the Committee

directs all funds to be used to support the cost of operations; the

cost of urban search and rescue equipment (including equipment

necessary to operate in an environment contaminated or otherwise

affected by a weapon of mass destruction); and the cost of all needed training, including training for responding to an environment

contaminated or otherwise affected by a weapon of mass destruction.

In addition, the Committee rescinds $3,000,000 of the funds

made available by Public Law 108–11, but no longer required for

‘‘Operation Liberty Shield’’.

The Committee notes the success of the America Watchful Alert

Ready for Emergencies [AWARE] program in training schools,

neighborhoods, and communities on disaster and emergency preparedness strategies. The Emergency Preparedness and Response

[EP&R] Directorate has recognized the program as a national

model and listed it among its ‘‘Smart Practices’’. The Committee

encourages EP&R to continue support for this national program.

The Committee is concerned that the Department has not yet

made available to communities any of the $79,750,000 appropriated

for interoperable communications equipment for fiscal year 2003.

Further, the Department is delinquent in submitting the acquisitions plan required by the Consolidated Appropriations Resolution,

2003 (Public Law 108–7), which was due on April 15, 2003. Interoperable communications equipment is an essential component of

efficient and safe response and recovery efforts. Firefighters, police,

and emergency response personnel must be able to communicate

with each other and with other teams during disaster response.

Obligation of interoperable communications equipment funds

should be a priority for the Department. The Committee directs the
52

Department to award funds for interoperable communications

equipment by October 1, 2003.

The Committee encourages the Under Secretary for Emergency

Preparedness and Response to conduct a study on the manning requirements of fire departments, including appropriate firefighter

crew sizes and equipment for typical incidents that fire departments are asked to respond to. The Committee is concerned that

the lack of accepted firefighter response configurations may result

in greater civilian and firefighter deaths, as well as improper

equipment acquisitions by local fire departments.

In addition, the Committee is concerned that rural fire departments face unique training challenges due to their distance from

training courses. The Committee encourages the Department to

consider means of accommodating the training needs of rural fire

departments.

The following table summarizes the Committee’s recommendations as compared to the budget request level:

Program, Project, Activity Fiscal year 2004

estimate

Committee

recommendations

Preparedness, Mitigation, Response and Recovery [PMRR]:

Response and Recovery ............................................................................................. $66,490,000 $66,490,000

Fire Prevention and Training ..................................................................................... 58,928,000 58,928,000

Mitigation Programs .................................................................................................. 28,741,000 28,741,000

Preparedness .............................................................................................................. 8,841,000 8,841,000

Subtotal, Preparedness, Mitigation Response & Recovery ................................... 163,000,000 163,000,000

Public Health Programs [PHP]:

Disaster Medical Assistance Teams .......................................................................... 34,000,000 34,000,000

Strategic National Stockpile ...................................................................................... 400,000,000 400,000,000

Subtotal, Public Health Programs ......................................................................... 434,000,000 434,000,000

Biodefense Countermeasures .............................................................................................. 1 890,000,000 ( 2 )

Administrative and Regional Operations:

Executive Direction ..................................................................................................... 85,860,000 85,807,000

Information Technology Services ............................................................................... 49,255,000 49,255,000

Regional Operations ................................................................................................... 12,885,000 12,885,000

Office of Emergency Response, Nobel TC (from HHS) .............................................. 17,267,000 17,267,000

Subtotal, Administrative and Regional Operations .............................................. 165,267,000 165,214,000

Urban Search and Rescue Teams [USAR] .......................................................................... .......................... 64,587,000

Total, Operating Expenses ..................................................................................... 1,652,267,000 826,801,000

1 Proposes legislation to convert to permanent, indefinite appropriation.

2 Fiscal year 2004 budget resolution includes a reserve to fund this activity.

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Appropriations, 2003 ............................................................................. ¥$1,000,000

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. ( 1 )

1 Costs estimated to equal fee collections in fiscal year 2004.

The Radiological Emergency Preparedness [REP] Program assists State and local governments in the development of offsite radiological emergency preparedness plans within the emergency

planning zones of commercial nuclear power facilities licensed by

the Nuclear Regulatory Commission [NRC]. The fund is financed
53

from fees assessed and collected from the NRC licensees to recover

the amounts anticipated by the Emergency Preparedness and Response Directorate to be obligated in the next fiscal year for expenses related to REP program activities.

COMMITTEE RECOMMENDATIONS

The Committee provides for the receipt and expenditure of fees

collected as authorized by Public Law 106–377.

DISASTER RELIEF

Appropriations, 2003 1 ........................................................................... $794,800,000

Budget estimate, 2004 2 ......................................................................... 1,956,000,000

Committee recommendation 2 ............................................................... 1,956,000,000

1 Includes $2,881,000 transfer to Operating and $21,437,000 transfer to the Office of the Inspector General. 2 Includes $22,000,000 transfer to the Office of the Inspector General.

Through the Disaster Relief Fund [DRF], the Department of

Homeland Security [DHS] provides a significant portion of the total

Federal response to victims in Presidentially-declared major disasters and emergencies. Major disasters are declared when a State

requests Federal assistance and proves that a given disaster is beyond the State’s capacity to respond. Under the DRF, DHS will

continue to operate the primary assistance programs formerly run

by the Federal Emergency Management Agency: Federal assistance

to individuals and households; and public assistance, which includes the repair and reconstruction of State, local, and non-profit

infrastructure. The post-disaster hazard mitigation set-aside that is

provided to States will continue as part of the Disaster Relief

Fund, working as a companion piece to the National Pre-Disaster

Mitigation Fund.

COMMITTEE RECOMMENDATIONS

The Committee recommends $1,956,000,000 for Disaster Relief.

Of the funds appropriated, $22,000,000 shall be transferred to

the Department of Homeland Security’s Office of the Inspector

General for audits and investigations related to disaster relief activities.

The Committee believes the post-disaster hazard mitigation program, which was made permanent by the Consolidated Appropriations Resolution, 2003 (Public Law 108–7), has been very successful

and will continue to be a valuable tool in the disaster relief process.

The Committee has also continued funding for the national pre-disaster mitigation fund, believing that a balance in pre- and post-disaster mitigation funds allows for greater flexibility in emergency

management at the local level.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

Appropriations, 2003 ............................................................................. $553,000

Budget estimate, 2004 ........................................................................... 557,000

Committee recommendation ................................................................. 557,000

Disaster assistance loans authorized by the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et

seq.) are loans to States for the non-Federal portion of cost sharing

funds, and community disaster loans to local governments incur-
54

ring substantial loss of tax and other revenues as a result of a

major disaster. The funds requested for this program include direct

loans and a subsidy based on criteria including loan amount and

interest charged. As required by the Federal Credit Reform Act of

1990 (2 U.S.C. 661 et seq.), this account records, for this program,

the subsidy costs associated with the direct loans obligated in 1992

and beyond (including modifications of direct loans), as well as administrative expenses of the program. The subsidy amounts are estimated on a present value basis; the administrative expenses are

estimated on a cash basis.

COMMITTEE RECOMMENDATIONS

The Committee recommends $557,000 for the disaster assistance

direct loan program account.

NATIONAL PRE-DISASTER MITIGATION FUND

Appropriations, 2003 ............................................................................. $149,025,000

Budget estimate, 2004 ........................................................................... 280,000,000

Committee recommendation ................................................................. 150,000,000

Funding requested through this account will be dedicated to competitive grants for pre-disaster mitigation operating independently

of the Disaster Relief programs, assuring that funding remains stable from year to year and is not subject to spikes in disaster activity.

COMMITTEE RECOMMENDATIONS

The Committee recommends $150,000,000 for the National PreDisaster Mitigation Fund, and includes bill language which makes

up to 3 percent of the funds available for administrative purposes.

The Committee supports the fiscal year 2004 budget request to

allocate funding through this account on the basis of competitive

grants for pre-disaster mitigation operating independently of the

Disaster Relief programs.

The Committee encourages the Department to continue the existing Disaster Resistant University program at the fiscal year 2003

level.

FLOOD MAP MODERNIZATION FUND

Appropriations, 2003 ............................................................................. $149,025,000

Budget estimate, 2004 ........................................................................... 200,000,000

Committee recommendation ................................................................. 200,000,000

Funding in this account will support the functions necessary to

modernize and digitize flood maps. The flood maps are used to determine appropriate risk-based premium rates for the National

Flood Insurance Program, complete flood hazard determinations required of the Nation’s lending institutions, and to develop appropriate disaster response plans for Federal, State, and local emergency management personnel.

COMMITTEE RECOMMENDATIONS

The Committee recommends $200,000,000 for the Flood Map

Modernization Fund, and includes bill language which makes up to

3 percent of the funds available for administrative purposes.
55

The Committee directs FEMA to continue its practice of providing funds to communities, States and regions with a demonstrated commitment to digitizing and improving the accuracy of

area flood maps. The Committee notes the Department’s goal of

compiling up-to-date flood maps for the Nation within 5 years, and

provides the budget request to support that goal. The Committee

directs the Department to provide flood map modernization funds

in a manner determined to be the most efficient approach to updating the Nation’s flood maps, and to fund projects identified as ‘‘high

risk’’ by States when possible, without adversely impacting the

overall goal of completing the flood map modernization project

within 5 years.

NATIONAL FLOOD INSURANCE FUND

Appropriations, 2003 ............................................................................. $109,343,000

Budget estimate, 2004 ........................................................................... 110,472,000

Committee recommendation ................................................................. 110,472,000

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

seq.) authorizes the Federal Government to provide flood insurance

on a national basis. Flood insurance may be sold or continued in

force only in communities which enact and enforce appropriate

floodplain management measures. Communities must participate

in the program within 1 year of the time they are identified as

flood-prone in order to be eligible for flood insurance and some

forms of Federal financial assistance for acquisition or construction

purposes. In addition, federally-regulated funding institutions can

not provide loans to non-participating communities with an identified flood hazard.

In fiscal year 2004, the budget assumes collection of all of the administrative and program costs associated with flood insurance activities from policy holders. Under the emergency program, structures in identified flood-prone areas are eligible for limited

amounts of coverage at subsidized insurance rates. Under the regular program, studies must be made of different flood risks in

flood-prone areas to establish actuarial premium rates. These rates

are charged for insurance on new construction. Coverage is available on virtually all types of buildings and their contents in

amounts up to $350,000 for residential and $1,000,000 for other

types.

COMMITTEE RECOMMENDATIONS

The Committee recommends $110,472,000 for the National Flood

Insurance Fund.

The Committee provides up to $32,663,000 for salaries and expenses; $77,809,000 for flood hazard mitigation activities; a limitation of $55,000,000 for operating expenses; $565,897,000 for agents’

commissions and taxes; and $40,000,000 for interest on Treasury

borrowings. Furthermore, the Committee provides that up to

$20,000,000 may be transferred to the National Flood Mitigation

Fund for expenses under section 1366 of the National Flood Insurance Act (42 U.S.C. 4104c).
56

NATIONAL FLOOD MITIGATION FUND

Appropriations, 2003 1 ........................................................................... $19,870,000

Budget estimate, 2004 1 ......................................................................... 20,000,000

Committee recommendation 1 ............................................................... 20,000,000

1 By transfer from the National Flood Insurance Fund.

Through fee-generated funds transferred from the National Flood

Insurance Fund, this fund supports activities to eliminate pre-existing, at-risk structures that are repetitively flooded, and provides

flood mitigation assistance planning support to States.

COMMITTEE RECOMMENDATIONS

The Committee provides for the transfer of up to $20,000,000

from the National Flood Insurance Fund to the National Flood

Mitigation Fund.

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Appropriations, 2003 ............................................................................. $163,928,000

Budget estimate, 2004 1 ......................................................................... ...........................

Committee recommendation ................................................................. 165,000,000

1 Included in fiscal year 2004 budget estimate for ‘‘Office for Domestic Preparedness’’.

Funding requested in this account provides support to the Nation’s all-hazards emergency management system, and help to

build State and local emergency management capability.

COMMITTEE RECOMMENDATIONS

The Committee recommends $165,000,000 for Emergency Management Performance Grants.

The Committee does not accept the administration’s proposal to

transfer the Emergency Management Performance Grants [EMPG]

to the Office for Domestic Preparedness, and continues funding for

this program within the Emergency Preparedness and Response

Directorate [EP&R]. EP&R is the more appropriate administering

directorate for grants to State and local entities for all-hazards

planning and response. The Committee directs the Department to

continue the practice of funding personnel costs.

EMERGENCY FOOD AND SHELTER

Appropriations, 2003 ............................................................................. $152,005,000

Budget estimate, 2004 ........................................................................... 153,000,000

Committee recommendation ................................................................. 153,000,000

The Emergency Food and Shelter program provides grants to

non-profit and faith-based organizations at the local level to supplement their programs for emergency food and shelter to provide for

the immediate needs of the homeless.

COMMITTEE RECOMMENDATIONS

The Committee recommends $153,000,000 for the emergency food

and shelter program.

The Committee does not agree with the fiscal year 2004 budget

request which proposes legislation to transfer this program to the

Department of Housing and Urban Development.
57

CERRO GRANDE FIRE CLAIMS

Appropriations, 2003 ............................................................................. $89,415,000

Budget estimate, 2004 ........................................................................... ...........................

Committee recommendation ................................................................. 38,062,000

The Office of Cerro Grande Fire Claims was established by Public Law 106–246 to provide expeditious consideration and settlement of claims arising from the Cerro Grande prescribed fire.

Funds for administration of the compensation process and for the

payment of claims are available until expended.

COMMITTEE RECOMMENDATIONS

The Committee recommends $38,062,000 for Cerro Grande fire

claims settlement, and includes bill language which makes up to 5

percent of the funds available for administrative purposes.

The Committee expects that this will be the final installment of

appropriations for the Cerro Grande Fire Claims and encourages

the office to expedite all claims and bring this effort to closure.

OFFICE OF THE UNDER SECRETARY FOR INFORMATION ANALYSIS AND

INFRASTRUCTURE PROTECTION

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $10,460,000

1 Included in the fiscal year 2004 budget estimate for ‘‘Departmental Operations’’.

The Office of the Under Secretary for Information Analysis and

Infrastructure Protection is responsible for the collection and dissemination of terrorist threat information; fusing and integrating

data with foreign intelligence to produce a comprehensive picture

of threats; and developing and implementing an action plan to

mitigate terrorist threats and national vulnerabilities.

COMMITTEE RECOMMENDATIONS

For the Office of the Under Secretary, the Committee recommends an appropriation of $10,460,000.

Of the amount provided, $5,018,000 is for the immediate Office

of the Under Secretary, as follows: $231,000 for travel; $111,000 for

supplies; $4,329,000 for salaries and benefits; $28,000 for training;

and $319,000 for other expenses.

The remaining $5,442,000 is provided for the Department of

Homeland Security Command Center, as follows: $18,000 for travel; $24,000 for supplies; $1,040,000 for salaries and benefits; $6,000

for training; and $4,354,000 for other expenses. An additional

amount is made available for the Command Center from the Office

of the Chief Information Officer under the ‘‘Office of the Under Secretary for Management’’ account.
58

INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION, OPERATING EXPENSES

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... $829,000,000

Committee recommendation ................................................................. 823,700,000

1The account did not exist at the time the fiscal year 2003 appropriations were enacted into

law. Fiscal year 2003 appropriations for activities transferred to this account are estimated to

be $185,149,000.

The Directorate of Information Analysis and Infrastructure Protection was established by Public Law 107–296, the Homeland Security Act of 2002, to identify and assess current and future threats

to the homeland, map threat information against current

vulnerabilities, issue timely warnings, and take preventive and

protective action. The Directorate of Information Analysis and Infrastructure Protection will work also with Federal, State, local,

and private stakeholders to develop and implement an integrated

national plan for the physical and cyber protection of critical infrastructures and key assets.

COMMITTEE RECOMMENDATIONS

The Committee recommends $823,700,000 for information analysis and infrastructure protection operating expenses for fiscal year

2004.

The following table summarizes the Committee’s recommendations, as compared to the fiscal year 2003 and budget request levels:

INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

[In thousands of dollars]

Fiscal year— Committee recommendation 2003 enacted 2004 budget

Operating expenses .............................................................................. 185,149 .......................... ..........................

Intelligence and Warning:

Threat determination and assessment ....................................... .......................... 32,000 32,000

Information and warning advisories .......................................... .......................... 69,700 69,700

Protecting Critical Infrastructure and Key Assets:

Infrastructure vulnerability and risk assessment ...................... .......................... 95,000 95,000

Remediation and protective actions ........................................... .......................... 383,900 393,900

National Communications System .............................................. .......................... 155,000 155,100

Administration and Outreach:

Competitive analysis and evaluation ......................................... .......................... 20,000 20,000

National plans and strategies .................................................... .......................... 5,000 5,000

Outreach and partnerships ......................................................... .......................... 60,000 53,000

Office of the Under Secretary for IAIP ........................................ .......................... 8,400 ( 1 )

Total, Information Analysis and Infrastructure Protection .... 185,149 829,000 823,700

1 Funded under separate account.

The Committee is aware of the recent and rapid stand-up of the

Information Analysis and Infrastructure Protection Directorate and

the challenges that have been presented in this endeavor. However,

the Committee is concerned with the lack of justification for increased funding in the fiscal year 2004 budget and the inability of

the Department to provide sufficient detail to date on each program, project, and activity. The Committee looks forward to further

justification from the Department on the fiscal year 2004 budget
59

request in order to make informed budget decisions for assessing

and addressing critical infrastructure vulnerabilities.

The Committee supports the recent creation of the National

Cyber Security Division within Information Analysis and Infrastructure Protection and recommends $32,800,000 for the integration of physical and cyber infrastructure monitoring and coordination from the funds made available for information and warning

advisories, and $65,700,000 for cyberspace security from the funds

made available for remediation and protective actions. The Committee expects the Under Secretary for Information Analysis and

Infrastructure Protection to coordinate activities for the protection

of critical cyber assets with the Under Secretary for Science and

Technology. The Committee recommends $293,900,000 for critical infrastructure and key asset identification, field assessments of critical infrastructures, and key asset protection implementation to help guide

development of protective measures to harden facilities and assets. The Committee recommends $155,100,000 for the National Communications System to support the expansion of the national security and emergency preparedness telecommunications programs

and activities, of which $115,300,000 is to be made available for

priority telecommunications programs.

The General Accounting Office has reported that chemical facilities present an attractive target for terrorist activity. The Congressional Budget Office estimates that it would cost $80,000,000 over

5 years for vulnerability assessments at nearly 15,000 chemical facilities across the United States. Therefore, the Committee directs

the Information Analysis and Infrastructure Protection Directorate

to submit a report to the Committee within 120 days of enactment

of this Act that addresses the costs associated with assessing the

vulnerabilities at chemical facilities, and the costs associated with

protective actions at chemical facilities.

Of the funds made available for information and warning

advisories the Committee provides $10,000,000 for a national alert

system to notify the general public in the event of a terrorist attack. The Under Secretary for Information Analysis and Infrastructure Protection is expected to consult with the Chairman of the

Federal Communications Commission on the development of this

national alert system that utilizes and integrates the full range of

communication devices, including wireline and cellular telephones,

e-mail, and instant messaging systems, radio and television broadcasts, and personal digital assistants. The Under Secretary, to the

maximum extent possible, should incorporate existing Federal,

State, and local alert systems, including the emergency alert system, and should consult with State and local public safety and

emergency preparedness agencies.
(60)

TITLE V—RESEARCH AND DEVELOPMENT

OFFICE OF THE UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY

Appropriations, 2003 ............................................................................. ...........................

Budget estimate, 2004 ........................................................................... ( 1 )

Committee recommendation ................................................................. $5,400,000

1 Included in the fiscal year 2004 budget estimate for ‘‘Departmental Operations’’.

The Office of the Under Secretary for Science and Technology is

responsible for ensuring the Nation’s homeland security by developing a national policy and strategic plan to coordinate the Federal

Government’s civilian efforts for identifying priorities, goals, objectives and policies to develop countermeasures to chemical, biological, radiological, nuclear, and other emerging terrorist threats. The

responsibilities of the Under Secretary also includes oversight and

coordination responsibilities, basic and applied research, development, demonstration, testing, and evaluation activities relevant to

any or all elements of the Department in collaboration and coordination with other appropriate executive agencies to reduce duplication and to identify unmet needs.

COMMITTEE RECOMMENDATIONS

For the Office of the Under Secretary, the Committee recommends an appropriation of $5,400,000. Included in this amount

is $4,680,000 for salaries and benefits, $250,000 for travel;

$120,000 for supplies; $30,000 for training; and $320,000 for other

expenses.

SCIENCE AND TECHNOLOGY, RESEARCH, DEVELOPMENT, ACQUISITION

AND OPERATIONS

Appropriations, 2003 ............................................................................. ( 1 )

Budget estimate, 2004 ........................................................................... $803,360,000

Committee recommendation ................................................................. 866,000,000

1The account did not exist at the time the fiscal year 2003 appropriations were enacted into

law. Fiscal year 2003 appropriations for activities transferred to this account are estimated to

be $551,925,000.

The Science and Technology Directorate was established by Congress by Public Law 107–296, the Homeland Security Act of 2002,

to support the advance of homeland security through basic and applied research; fabrication of prototypes and full-scale

preproduction hardware; and procurement of products, systems and

other capital equipment necessary for the provision and upgrading

of capabilities to detect, destroy, dispose, and mitigate the effects

of weapons of mass destruction. The Science and Technology Directorate also supports other directorates and activities of the Department in developing, acquiring and fielding equipment and procedures necessary for performing their missions.
61

COMMITTEE RECOMMENDATONS

The Committee recommends $866,000,000 for activities of the

Science and Technology Directorate for fiscal year 2004.

The following table summarizes the Committee’s recommendations for science and technology activities, as compared to the fiscal

year 2003 and budget request levels:

SCIENCE AND TECHNOLOGY, RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS

[In thousands of dollars]

Fiscal year— Committee

recommendation 2003 enacted 2004 budget

Research, development, acquisition, and operations ......................... 551,925 .......................... ..........................

Biological countermeasures ................................................................. .......................... 364,735 244,000

Nuclear and radiological countermeasures ......................................... .......................... 136,625 131,000

Chemical countermeasures .................................................................. .......................... 55,000 55,000

High explosives countermeasures ........................................................ .......................... 10,000 10,000

Threat and vulnerability, testing and assessment ............................. .......................... 90,000 98,000

Conventional missions in support of DHS .......................................... .......................... 55,000 64,000

Rapid prototyping program/Technical Support Working Group ........... .......................... 30,000 70,000

Standards/State and local program .................................................... .......................... 25,000 25,000

Emerging threats ................................................................................. .......................... 22,000 22,000

Critical infrastructure protection ......................................................... .......................... 5,000 72,000

Homeland security fellowship programs/university programs ............ .......................... 10,000 55,000

Countermeasures Center ...................................................................... .......................... .......................... 20,000

Total, Science and Technology ............................................... 551,925 803,360 866,000

The Homeland Security Act of 2002 established the Science and

Technology Directorate to coordinate and integrate all research, development, demonstration, testing, and evaluation activities of the

Department of Homeland Security to reduce the possibility of duplication and redundancy. The Committee provides $64,000,000 for

research and development for activities supporting conventional

missions of the Department and directs the Under Secretary for

Science and Technology to coordinate research priorities with other

directorates of the Department. Research and development support

activities shall be distributed as follows: $30,000,000 for Border

and Transportation Security; $15,000,000 for the United States

Coast Guard; $4,000,000 for the United States Secret Service; and

$15,000,000 for Emergency Preparedness and Response.

The Committee recognizes the need for a strong cyber security

research and development program and provides $18,000,000 for

threat and vulnerability testing assessments to develop the most

appropriate technologies for next generation cyber threat characterization, cyber threat detection, and cyber threat origination. The

Committee expects the Under Secretary for Science and Technology

to coordinate these activities with the Under Secretary for Information Analysis and Infrastructure Protection.

The Committee provides $55,000,000 for the establishment of a

university-based system to enhance the Nation’s homeland security

efforts.

The Committee provides $70,000,000 for the rapid development

and prototyping of technologies in support of homeland security

and the continuation of the partnership with the Technical Support

Working Group [TSWG] as a technology clearinghouse. The Com-
62

mittee directs the Under Secretary for Science and Technology to

coordinate with other Directorates to determine the best technologies available and to develop better lines of communication

with other directorates to determine procedures for review and approval of technologies. The Committee recommends $72,000,000 for the critical infrastructure protection portfolio to utilize consistent methodologies

and criteria to address uncertain and evolving threats for the assurance of infrastructure security. Of this amount, up to

$60,000,000 for systems development, aircraft integration analysis,

and modeling and simulation performance assessment of an antimissile device for commercial aircraft may be made available. This

is the amount recommended by the Under Secretary for Science

and Technology in the ‘‘Program Plan for the Development of an

Antimissile Device for Commercial Aircraft’’ provided to the Committees on Appropriations on May 22, 2003. The Committee provides $20,000,000 for the construction of the

National Biodefense Analysis and Countermeasures Center. This

appropriation, in addition to unobligated balances of funds appropriated for biological research and defense activities by Public Law

107–248, will provide the full $90,000,000 requested for fiscal year

2004 to construct the Center. The Committee encourages the Under

Secretary to coordinate construction activities with the Secretary of

the Department of Defense and the Secretary of the Department of

Health and Human Services in the development of the Fort Detrick

Biodefense Campus.

Currently, there is a lack of standards within the field of biometrics. While the National Institute of Standards and Technology

[NIST] has developed fingerprint image data exchange guidelines,

it has not addressed other technologies such as facial recognition.

The International Committee for Information Technology Standards is attempting to define biometric standards for data interchange formats, common file formats, application program interfaces, profiles, and performance testing and reporting, but has not

yet completed its work. The biometrics community still lacks complete standards for accuracy (false non-match rate, real-world performance goals) and interoperability. There are a number of major

technology systems within the Department, and across the government, which capture or use biometric data that would benefit from

the development of standards for these images and systems. The

Committee encourages the Under Secretary to consider, in coordination with NIST, the development of standards in the field of biometrics.

The Homeland Security Act of 2002 authorizes the Information

Analysis and Infrastructure Protection Directorate to ‘‘analyze law

enforcement information, intelligence information, and other information from agencies of the Federal Government’’ and ‘‘to identify

and assess the nature of terrorist threats’’. The Committee is concerned that the intelligence operations of the Department of Homeland Security have experienced inadequacies in collecting threat information from other agencies of the Federal Government while at

the same time separate, individual intelligence centers are being

established and diminishing the original intent of centralizing intelligence gathering. The Committee expects the Secretary to work
63

with other Federal agencies in the coordination of information

sharing for the protection of the Nation’s critical infrastructures.
(64)

TITLE VI—GENERAL PROVISIONS

Section 601. The Committee includes a provision limiting the expenditure of funds to the current fiscal year unless expressly provided otherwise in the Act.

Section 602. The Committee includes a provision to make the

Federal Emergency Management ‘‘Working Capital Fund’’ available

to the Department of Homeland Security, and to redesignate the

fund the ‘‘Department of Homeland Security Working Capital

Fund’’.

Section 603. The Committee includes a provision to make the

Federal Emergency Management Agency ‘‘Bequests and Gifts’’ account available to the Department of Homeland Security; to redesignate it the ‘‘Department of Homeland Security, Gifts and Donations’’ fund; and to allow the Secretary of Homeland Security to accept, hold, administer and utilize gifts and bequests to facilitate the

work of the Department.

Section 604. The Committee includes a provision to require the

reimbursement of Department of Homeland Security employees

after an assignment of more than 30 days unless expressly provided otherwise in the Act.

Section 605. The Committee includes a provision regarding the

transfer and reprogramming of funds appropriated or transferred

to the Department.

Section 606. The Committee includes a provision allowing not to

exceed $100,000 available for official reception and representation

expenses available when specifically approved by the Secretary.

Section 607. The Committee includes a provision providing that

funds made available by the Act for intelligence activities are

deemed to be specifically authorized until the enactment of an Act

authorizing intelligence activities for fiscal year 2004.

Section 608. The Committee includes a provision directing the

Federal Law Enforcement Training Center to establish an accrediting body to establish standards for measuring and assessing the

quality and effectiveness of Federal law enforcement training programs, facilities, and instructors.

Section 609. The Committee includes a provision making permanent a prohibition on the use of funds for the production of customs

declarations that do not inquire whether the passenger has been in

the proximity of livestock.

Section 610. The Committee includes a provision making permanent a prohibition on the use of funds for any activity or for paying

the salary of any Government employee which would result in a determination, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930.

Section 611. The Committee includes a provision making permanent a prohibition on the use of funds to import or release into the
65

United States goods produced or manufactured by forced or indentured child labor.

Section 612. The Committee includes a provision to allow, unless

otherwise provided in the Act, funds to be used for the purchase

of insurance for official vehicles operated overseas, for the hire and

purchase of motor vehicles as authorized by 31 U.S.C. 1343, and

for the purchase of police-type vehicles without regard to the general purchase price limitation for the current fiscal year.

Section 613. The Committee includes a provision allowing funds

to be used for the purchase of uniforms without regard to the general purchase price limitations for the current fiscal year.

Section 614. The Committee includes a provision prohibiting the

use of funds to pursue or adopt guidelines or regulations requiring

airport sponsors to provide to the Transportation Security Administration without cost building construction, maintenance, utilities

and expenses, or space for services relating to aviation security in

airport-sponsored buildings, but allowing ‘‘below market’’ rates to

be specifically negotiated between the agency and airport sponsors.

Section 615. The Committee includes a provision to prohibit the

obligation of funds for the Computer Assisted Passenger

Prescreening System until a study by the General Accounting Office is submitted to the Committees on Appropriations.

PROGRAM, PROJECT, AND ACTIVITY

The following information provides the definition of the term

‘‘program, project, and activity’’ for the directorates, bureaus, agencies, and other organizations of the Department of Homeland Security under the jurisdiction of the Homeland Security Subcommittee

of the Committee on Appropriations. The term ‘‘program, project,

and activity’’ shall include the most specific level of budget items

identified in the Department of Homeland Security Appropriations

Act, 2004, the House and Senate Committee reports, and the conference report and accompanying joint explanatory statement of the

managers of the committee of conference.

If a percentage reduction is necessary, in implementing that reduction, directorates, bureaus, agencies, and other organizations of

the Department of Homeland Security shall apply any percentage

reduction required for fiscal year 2004 to all items specified in the

justifications submitted to the Committees on Appropriations of the

House and Senate in support of the fiscal year 2004 budget estimates, as amended, for such organizations and directorates, as

modified by congressional action.
(66)

COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE

STANDING RULES OF THE SENATE

Paragraph 7 of rule XVI requires that Committee reports accompanying general appropriations bills identify each recommended

amendment which proposes an item of appropriation which is not

made to carry out the provisions of an existing law, a treaty stipulation, or an act or resolution previously passed by the Senate during that session.

The Committee recommends funding for the following programs

or activities which currently lack authorization for fiscal year 2004:

Department-Wide Technology Investments;

Customs and Border Protection, Salaries and Expenses, Automation Modernization, Construction;

Immigration and Customs Enforcement, Salaries and Expenses,

Air and Maritime Operations, Construction;

United States Coast Guard, Operating Expenses; Environmental

Compliance and Restoration; Reserve training; Acquisitions, Construction, and Improvements; and Retired Pay;

Counterterrorism Fund;

Federal Law Enforcement Training Center, Operating Expenses;

and Acquisitions, Construction, and Improvements;

Preparedness, Mitigation, Response, and Recovery;

National Pre-Disaster Mitigation Fund;

Flood Map Modernization Fund;

Emergency Food and Shelter;

National Flood Insurance Fund;

Information Analysis and Infrastructure Protection; Operating

Expenses; and

Science and Technology, Research, Development, Acquisitions,

and Operations.

COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE

STANDING RULES OF THE SENATE

Pursuant to paragraph 7(c) of rule XXVI, on July 10, 2003, the

Committee ordered reported en bloc H.R. 2555, a bill making appropriations for the Department of Homeland Security for the fiscal

year ending September 30, 2004, as amended; and S. 1391, an

original bill making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30,

2004, each subject to amendment and each subject to the budget

allocations, by a recorded vote of 29–0, a quorum being present.

The vote was as follows:

Yeas Nays

Chairman Stevens

Mr. Cochran

Mr. Specter
67

Mr. Domenici

Mr. Bond

Mr. McConnell

Mr. Burns

Mr. Shelby

Mr. Gregg

Mr. Bennett

Mr. Campbell

Mr. Craig

Mrs. Hutchison

Mr. DeWine

Mr. Brownback

Mr. Byrd

Mr. Inouye

Mr. Hollings

Mr. Leahy

Mr. Harkin

Ms. Mikulski

Mr. Reid

Mr. Kohl

Mrs. Murray

Mr. Dorgan

Mrs. Feinstein

Mr. Durbin

Mr. Johnson

Ms. Landrieu

COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE

STANDING RULES OF THE SENATE

Paragraph 12 of rule XXVI requires that Committee reports on

a bill or joint resolution repealing or amending any statute or part

of any statute include ‘‘(a) the text of the statute or part thereof

which is proposed to be repealed; and (b) a comparative print of

that part of the bill or joint resolution making the amendment and

of the statute or part thereof proposed to be amended, showing by

stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions which

would be made by the bill or joint resolution if enacted in the form

recommended by the committee.’’

In compliance with this rule, the following changes in existing

law proposed to be made by the bill are shown as follows: existing

law to be omitted is enclosed in black brackets; new matter is

printed in italics; and existing law in which no change is proposed

is shown in roman.

With respect to this bill, it is the opinion of the Committee that

it is necessary to dispense with these requirements in order to expedite the business of the Senate.
68

BUDGETARY IMPACT OF BILL

PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC.

308(a), PUBLIC LAW 93–344, AS AMENDED

[In millions of dollars]

Budget authority Outlays

Committee

allocation

Amount

of bill

Committee

allocation

Amount

of bill

Comparison of amounts in the bill with Committee allocations

to its subcommittees of amounts in the Budget Resolution

for 2004: Subcommittee on Homeland Security

Discretionary ........................................................................ 28,521 28,521 30,248 1 29,737

Mandatory ............................................................................ 831 831 847 1 847

Projection of outlays associated with the recommendation:

2004 ..................................................................................... .................... .................... .................... 2 17,819

2005 ..................................................................................... .................... .................... .................... 7,133

2006 ..................................................................................... .................... .................... .................... 2,608

2007 ..................................................................................... .................... .................... .................... 827

2008 and future years ........................................................ .................... .................... .................... 724

Financial assistance to State and local governments for

2004 ......................................................................................... NA 2,849 NA 545

1 Includes outlays from prior-year budget authority.

2 Excludes outlays from prior-year budget authority.

NA: Not applicable.
69

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2003 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2004

[In thousands of dollars]

Item 2003 appropriation Budget estimate Committee recommendation

Senate Committee recommendation compared with budget estimate (∂ or ¥)

2003 appropriation Budget estimate

DEPARTMENT OF HOMELAND SECURITY

TITLE I—DEPARTMENTAL OPERATIONS, MANAGEMENT AND OVERSIGHT

Departmental Operations

Departmental operations ............................................................................................................................................ 195,370 294,000 ............................ ¥195,370 ¥294,000Office of the Secretary and Executive management ................................................................................................. ............................ ............................ 83,653 ∂83,653 ∂83,653Office of the Under Secretary for Management ......................................................................................................... ............................ ............................ 167,521 ∂167,521 ∂167,521

Subtotal, Departmental Operations .............................................................................................................. 195,370 294,000 251,174 ∂55,804 ¥42,826

Department-wide technology investments ................................................................................................................. 63,321 206,000 185,000 ∂121,679 ¥21,000

Office of the Inspector General

Salaries and expenses ............................................................................................................................................... 41,510 58,118 58,118 ∂16,608 ............................Emergency Preparedness and Response Disaster Relief Fund (by transfer) ............................................................ 21,437 22,000 22,000 ∂563 ............................

Subtotal, Office of the Inspector General .................................................................................................... 62,947 80,118 80,118 ∂17,171 ............................Total, Title I .................................................................................................................................................. 321,638 580,118 516,292 ∂194,654 ¥63,826

TITLE II—SERVICES

Citizenship and Immigration Services

Operating expenses .................................................................................................................................................... 218,148 235,000 229,377 ∂11,229 ¥5,623

Fee accounts ..................................................................................................................................................... (1,427,000) (1,564,000) (1,564,000) (∂137,000) ............................

Total, Citizenship and immigration services ................................................................................................ 1,645,148 1,799,000 1,793,377 ∂148,229 ¥5,623Total, Title II ................................................................................................................................................. 218,148 235,000 229,377 ∂11,229 ¥5,623

Appropriations ...................................................................................................................................... (218,148) (235,000) (229,377) (∂11,229) (¥5,623)
70

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2003 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2004—Continued

[In thousands of dollars]

Item 2003 appropriation Budget estimate Committee recommendation

Senate Committee recommendation compared with budget estimate (∂ or ¥)

2003 appropriation Budget estimate

(Fee Accounts) ..................................................................................................................................... (1,427,000) (1,564,000) (1,564,000) (∂137,000) ............................

TITLE III—SECURITY, ENFORCEMENT AND INVESTIGATIONS

Office of the Under Secretary for Border and Transportation Security ..................................................................... ............................ ............................ 8,842 ∂8,842 ∂8,842U.S. Visitor and Immigrant Status Indicator Technology .......................................................................................... ............................ ............................ 380,000 ∂380,000 ∂380,000

Customs and Border Protection

Salaries and expenses ............................................................................................................................................... 5,710,608 5,644,000 4,366,000 ¥1,344,608 ¥1,278,000

Harbor maintenance fee collection (trust fund) ............................................................................................... 2,981 3,000 3,000 ∂19 ............................

Automation modernization .......................................................................................................................................... ............................ ............................ 441,122 ∂441,122 ∂441,122Construction ............................................................................................................................................................... ............................ ............................ 90,363 ∂90,363 ∂90,363Fee accounts .............................................................................................................................................................. (817,000) (821,000) (845,000) (∂28,000) (∂24,000)

Total, Customs and border protection .......................................................................................................... 6,530,589 6,468,000 5,745,485 ¥785,104 ¥722,515

Appropriations ...................................................................................................................................... 5,713,589 5,647,000 4,900,485 ¥813,104 ¥746,515(Fee Accounts) ..................................................................................................................................... (817,000) (821,000) (845,000) (∂28,000) (∂24,000)

Immigration and Customs Enforcement

Salaries and expenses ............................................................................................................................................... 2,036,078 2,063,000 2,180,000 ∂143,922 ∂117,000Federal Protective Services (GSA, Fed Bldgs Fund) .................................................................................................. 408,031 424,211 424,211 ∂16,180 ............................Air and marine interdiction ........................................................................................................................................ ............................ ............................ 257,291 ∂257,291 ∂257,291Construction ............................................................................................................................................................... ............................ ............................ 26,775 ∂26,775 ∂26,775Fee accounts .............................................................................................................................................................. (355,000) (297,000) (273,000) (¥82,000) (¥24,000)

Total, Immigration and customs enforcement ............................................................................................. 2,799,109 2,784,211 3,161,277 ∂362,168 ∂377,066

Appropriations ...................................................................................................................................... (2,444,109) (2,487,211) (2,888,277) (∂444,168) (∂401,066)(Fee Accounts) ..................................................................................................................................... (355,000) (297,000) (273,000) (¥82,000) (¥24,000)

Transportation Security Administration

Transportation Security Administration ...................................................................................................................... ............................ 4,812,000 ............................ ............................ ¥4,812,000Aviation security ......................................................................................................................................................... 5,131,944 ............................ 4,523,900 ¥608,044 ∂4,523,900
71

Maritime and land security ........................................................................................................................................ 263,209 ............................ 295,000 ∂31,791 ∂295,000Research and development ........................................................................................................................................ 109,484 ............................ 130,200 ∂20,716 ∂130,200Intelligence ................................................................................................................................................................. ............................ ............................ 13,600 ∂13,600 ∂13,600Administration ............................................................................................................................................................ 306,693 ............................ 433,200 ∂126,507 ∂433,200

DOT, FAA, Facilities & Equipment (reimbursement) ......................................................................................... ¥143,000 ............................ ............................ ∂143,000 ............................Offsetting collections ........................................................................................................................................ ¥2,650,000 ¥2,070,000 ¥2,070,000 ∂580,000 ............................

Grants to air carriers ................................................................................................................................................. 2,395,750 ............................ ............................ ¥2,395,750 ............................

Total, Transportation Security Administration .............................................................................................. 5,414,080 2,742,000 3,325,900 ¥2,088,180 ∂583,900

United States Coast Guard

Operating expenses .................................................................................................................................................... 4,522,028 4,838,000 4,719,000 ∂196,972 ¥119,000

Defense function ............................................................................................................................................... (337,790) (340,000) (340,000) (∂2,210) ............................Environmental compliance and restoration ...................................................................................................... ............................ (17,000) ............................ ............................ (¥17,000)Reserve training ................................................................................................................................................ ............................ (114,000) ............................ ............................ (¥114,000)

Subtotal ......................................................................................................................................................... 4,522,028 4,838,000 4,719,000 ∂196,972 ¥119,000

Rescissions ........................................................................................................................................................ ............................ ............................ ¥71,000 ¥71,000 ¥71,000

Subtotal, Operating expenses ....................................................................................................................... 4,522,028 4,838,000 4,648,000 ∂125,972 ¥190,000

Environmental compliance and restoration ............................................................................................................... 16,890 ............................ 17,000 ∂110 ∂17,000Reserve training ......................................................................................................................................................... 85,933 ............................ 95,000 ∂9,067 ∂95,000Acquisitions, Construction, and Improvements ......................................................................................................... 737,277 797,000 1,035,000 ∂297,723 ∂238,000

Rescissions ........................................................................................................................................................ ¥17,000 ............................ ............................ ∂17,000 ............................

Subtotal, AC&I .............................................................................................................................................. 720,277 797,000 1,035,000 ∂314,723 ∂238,000

Alteration of Bridges .................................................................................................................................................. 17,088 ............................ ............................ ¥17,088 ............................Research, Development, Test, and Evaluation .......................................................................................................... 21,857 ............................ ............................ ¥21,857 ............................

Subtotal, U.S. Coast Guard discretionary ..................................................................................................... 5,384,073 5,635,000 5,795,000 ∂410,927 ∂160,000

Retired pay (mandatory) ............................................................................................................................................ 889,000 1,020,000 1,020,000 ∂131,000 ............................

Total, United States Coast Guard ................................................................................................................ 6,273,073 6,655,000 6,815,000 ∂541,927 ∂160,000

Appropriations ...................................................................................................................................... 6,290,073 6,655,000 6,886,000 ∂595,927 ∂231,000Rescissions .......................................................................................................................................... ¥17,000 ............................ ¥71,000 ¥54,000 ¥71,000Mandatory ............................................................................................................................................ 889,000 1,020,000 1,020,000 ∂131,000 ............................
72

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2003 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2004—Continued

[In thousands of dollars]

Item 2003 appropriation Budget estimate Committee recommendation

Senate Committee recommendation compared with budget estimate (∂ or ¥)

2003 appropriation Budget estimate

United States Secret Service

Operating expenses .................................................................................................................................................... 1,052,461 1,120,372 1,114,737 ∂62,276 ¥5,635Acquisition, const, improvements, & related expenses ............................................................................................. 3,496 3,579 3,579 ∂83 ............................

Total, United States Secret Service .............................................................................................................. 1,055,957 1,123,951 1,118,316 ∂62,359 ¥5,635Total, Title III ................................................................................................................................................ 20,900,808 18,655,162 19,436,820 ¥1,463,988 ∂781,658

Appropriations ...................................................................................................................................... (20,917,808) (18,655,162) (19,507,820) (¥1,409,988) (∂852,658)Rescissions .......................................................................................................................................... (¥17,000) ............................ (¥71,000) (¥54,000) (¥71,000)

TITLE IV—ASSESSMENTS, PREPAREDNESS, AND RECOVERY

Counterterrorism fund ................................................................................................................................................ 159,935 40,000 20,000 ¥139,935 ¥20,000

Federal Law Enforcement Training Center

Salaries and expenses ............................................................................................................................................... 136,108 122,379 172,736 ∂36,628 ∂50,357Acquisition, Construction, Improvements & Rel Expenses ........................................................................................ 35,766 23,679 28,708 ¥7,058 ∂5,029

Total, Federal Law Enforcement Training Center ......................................................................................... 171,874 146,058 201,444 ∂29,570 ∂55,386

Office for Domestic Preparedness

State and local programs:

Basic grants ...................................................................................................................................................... 2,335,884 3,558,000 1,750,000 ¥585,884 ¥1,808,000Technical assistance ......................................................................................................................................... ............................ ............................ 30,000 ∂30,000 ∂30,000High density, high threat urban area discretionary grants ............................................................................. 700,000 ............................ 750,000 ∂50,000 ∂750,000Critical Infrastructure ........................................................................................................................................ 200,000 ............................ ............................ ¥200,000 ............................National programs ............................................................................................................................................. ............................ ............................ 358,000 ∂358,000 ∂358,000

Subtotal, State and local programs ............................................................................................................. 3,235,884 3,558,000 2,888,000 ¥347,884 ¥670,000
73

Firefighter assistance grants ..................................................................................................................................... ............................ ............................ 750,000 ∂750,000 ∂750,000

Total, Office for Domestic Preparedness ...................................................................................................... 3,235,884 3,558,000 3,638,000 ∂402,116 ∂80,000

Under Secretary for Emergency Preparedness and Response ................................................................................... ............................ ............................ 3,615 ∂3,615 ∂3,615

Emergency Preparedness and Response

Operating expenses .................................................................................................................................................... 1,210,618 1,652,267 826,801 ¥383,817 ¥825,466

Rescissions ........................................................................................................................................................ ............................ ............................ ¥3,000 ¥3,000 ¥3,000(Transfer from Disaster relief) .......................................................................................................................... (2,881) ............................ ............................ (¥2,881) ............................

Subtotal ......................................................................................................................................................... 1,210,618 1,652,267 823,801 ¥386,817 ¥828,466

Radiological emergency preparedness fund .............................................................................................................. ¥1,000 ............................ ............................ ∂1,000 ............................Disaster relief ............................................................................................................................................................. 794,800 1,956,000 1,956,000 ∂1,161,200 ............................

Transfer to Office of the Inspector General ...................................................................................................... ¥21,437 ¥22,000 ¥22,000 ¥563 ............................(Transfer to operating expenses) ...................................................................................................................... (¥2,881) ............................ ............................ (∂2,881) ............................

Subtotal, Disaster Relief ............................................................................................................................... 773,363 1,934,000 1,934,000 ∂1,160,637 ............................

Disaster assistance direct loan program account:

(Limitation on direct loans) .............................................................................................................................. (24,837) (25,000) (25,000) (∂163) ............................Administrative expenses .................................................................................................................................... 553 557 557 ∂4 ............................

National pre-disaster mitigation fund ....................................................................................................................... 149,025 280,000 150,000 ∂975 ¥130,000Flood map modernization fund .................................................................................................................................. 149,025 200,000 200,000 ∂50,975 ............................National flood insurance fund:

(Limitation on administrative expenses):

Salaries and expenses ............................................................................................................................. 32,182 32,663 32,663 ∂481 ............................Flood mitigation ....................................................................................................................................... 77,161 77,809 77,809 ∂648 ............................(Transfer to Grant programs) ................................................................................................................... (¥19,870) (¥20,000) (¥20,000) (¥130) ............................

Subtotal, National flood insurance fund ............................................................................................. 109,343 110,472 110,472 ∂1,129 ............................

National flood mitigation fund (by transfer) ............................................................................................................. (19,870) (20,000) (20,000) (∂130) ............................Emergency management performance grant ............................................................................................................. 163,928 ............................ 165,000 ∂1,072 ∂165,000Emergency food and shelter ...................................................................................................................................... 152,005 153,000 153,000 ∂995 ............................Firefighter assistance grants ..................................................................................................................................... 745,125 ............................ ............................ ¥745,125 ............................Office of Cerro Grande Fire Claims ........................................................................................................................... 89,415 ............................ 38,062 ¥51,353 ∂38,062

Subtotal, EP&R ............................................................................................................................................. 3,541,400 4,330,296 3,574,892 ∂33,492 ¥755,404
74

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2003 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2004—Continued

[In thousands of dollars]

Item 2003 appropriation Budget estimate Committee recommendation

Senate Committee recommendation compared with budget estimate (∂ or ¥)

2003 appropriation Budget estimate

Information Analysis and Infrastructure Protection

Office of the Under Secretary for Information Analysis and Infrastructure Protection ............................................ ............................ ............................ 10,460 ∂10,460 ∂10,460Operating expenses .................................................................................................................................................... 185,149 829,000 823,700 ∂638,551 ¥5,300

Total, Title IV ................................................................................................................................................ 7,294,242 8,903,354 8,272,111 ∂977,869 ¥631,243

Appropriations ...................................................................................................................................... (7,294,242) (8,903,354) (8,275,111) (∂980,869) (¥628,243)Advance appropriation for subsequent years ...................................................................................... ............................ ............................ ............................ ............................ ............................

(Transfer out) ................................................................................................................................................ (¥22,751) (¥20,000) (¥20,000) (∂2,751) ............................(By transfer) .................................................................................................................................................. (22,751) (20,000) (20,000) (¥2,751) ............................(Limitation on direct loans) .......................................................................................................................... (24,837) (25,000) (25,000) (∂163) ............................

TITLE V—RESEARCH AND DEVELOPMENT

Under Secretary for Science and Technology ............................................................................................................. ............................ ............................ 5,400 ∂5,400 ∂5,400Research, development, acquisition, and operations ................................................................................................ 551,925 803,360 866,000 ∂314,075 ∂62,640

Total, Title V ................................................................................................................................................. 551,925 803,360 871,400 ∂319,475 ∂68,040Grand Total, Department of Homeland Security .......................................................................................... 29,286,761 29,176,994 29,326,000 ∂39,239 ∂149,006

Appropriations ...................................................................................................................................... (29,303,761) (29,176,994) (29,400,000) (∂96,239) (∂223,006)Rescissions .......................................................................................................................................... (¥17,000) ............................ (¥74,000) (¥57,000) (¥74,000)

(Transfer out) ................................................................................................................................................ (¥22,751) (¥20,000) (¥20,000) (∂2,751) ............................(By transfer) .................................................................................................................................................. (22,751) (20,000) (20,000) (¥2,751) ............................(Limitation on direct loans) .......................................................................................................................... (24,837) (25,000) (25,000) (∂163) ............................

Æ