IB 

108TH CONGRESS 

1ST SESSION H. R. 2555

IN THE HOUSE OF REPRESENTATIVES 

JULY 24 (legislative day, JULY 21), 2003

Ordered to be printed with the amendment of the Senate 

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

AN ACT

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

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

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

5 TITLE I—DEPARTMENTAL MANAGEMENT AND 

6 OPERATIONS 

7 DEPARTMENTAL ADMINISTRATION

8 SALARIES AND EXPENSES

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

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

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

14 the Office of the Under Secretary for Management; of 

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

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

18 be for the Immediate Office of the Under Secretary for 

19 Information Analysis and Infrastructure Protection and 

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

21 shall be for the Immediate Office of the Under Secretary 

22 for Emergency Preparedness and Response; and of which 

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

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

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

5 for official reception and representation expenses as the 

6 Secretary may determine.

7 COUNTERTERRORISM FUND

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

10 available until expended, to reimburse any Federal agency 

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

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

16 of any amount of these funds in accordance with section 

17 503 of this Act.

18 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

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

21 for the Department of Homeland Security, and for the 

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

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

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

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

5 OFFICE OF THE INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for the Office of the Inspector 

9 General in carrying out the provisions of the Inspector 

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

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

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

16 Emergency Preparedness and Response Disaster Relief 

17 Fund.

18 TITLE II—BORDER AND TRANSPORTATION 

19 SECURITY 

20 CUSTOMS AND BORDER PROTECTION 

21 BUREAU OF CUSTOMS AND BORDER PROTECTION

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Bureau of Customs 

25 and Border Protection for enforcement of laws relating to 

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

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

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

5 for official reception and representation expenses; of which 

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

8 which such sums as become available in the Customs User 

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

10 of the Consolidated Omnibus Budget Reconciliation Act 

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

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

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

17 available to the Directorate of Border and Transportation 

18 Security may be used to pay any employee overtime pay 

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

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

22 limitation as necessary for national security purposes and 

23 in cases of immigration emergencies: Provided further, 

24 That uniforms may be purchased without regard to the 

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

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

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

7 predicting the location of any such checkpoint. 

8 In addition, for administrative expenses related to the 

9 collection of the Harbor Maintenance Fee, pursuant to 

10 Public Law 103–182, and notwithstanding section 

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

13 be transferred to and merged with this account.

14 AUTOMATION MODERNIZATION

15 For expenses not otherwise provided for Bureau of 

16 Customs and Border Protection automated systems, 

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

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

21 heading may be obligated for the Automated Commercial 

22 Environment until the Bureau of Customs and Border 

23 Protection prepares and submits to the Committees on 

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

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

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

5 with the acquisition rules, requirements, guidelines, and 

6 systems acquisition management practices of the Federal 

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

8 of Customs and Border Protection Investment Review 

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

11 the General Accounting Office: Provided further, That 

12 none of the funds appropriated under this heading may 

13 be obligated for the Automated Commercial Environment 

14 until such expenditure plan has been approved by the 

15 Committees on Appropriations.

16 IMMIGRATION AND CUSTOMS ENFORCEMENT 

17 BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT

18 SALARIES AND EXPENSES

19 For necessary expenses of the Bureau of Immigration 

20 and Customs Enforcement for enforcement of immigration 

21 and customs laws, detention and removals, investigations, 

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

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

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

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

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

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

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

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

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

11 Assistant Secretary of the Bureau of Immigration and 

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

15 amount of funds made available for activities to enforce 

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

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

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

20 purchase price limitation for the current fiscal year.

21 FEDERAL PROTECTIVE SERVICE

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses, not otherwise provided for, necessary 

24 for the operations of the Federal Protective Service, 

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

2 Buildings Fund.

3 AUTOMATION AND INFRASTRUCTURE MODERNIZATION

4 For expenses not otherwise provided for Bureau of 

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

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

10 That none of the funds appropriated under this heading 

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

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

15 control review requirements established by the Office of 

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

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

18 Customs Enforcement Enterprise Information Systems 

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

22 and approved by the Bureau of Immigration and Customs 

23 Enforcement Investment Review Board, the Department 

24 of Homeland Security, and the Office of Management and 

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

3 until such expenditure plan has been approved by the 

4 Committees on Appropriations.

5 AIR AND MARINE INTERDICTION

6 For expenses, not otherwise provided for, necessary 

7 for the operation, maintenance and procurement of marine 

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

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

11 training and mission-related travel, and rental payments 

12 for facilities occupied by the air or marine interdiction and 

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

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

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

21 for Border and Transportation Security, the provision of 

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

23 law enforcement and emergency humanitarian efforts, 

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

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

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

6 outside of the Department of Homeland Security, during 

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

9 TRANSPORTATION SECURITY ADMINISTRATION 

10 AVIATION SECURITY

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

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

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

16 shall be for official reception and representation expenses: 

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

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

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

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

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

24 to this appropriation as offsetting collections and used for 

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

5 fiscal year appropriation from the General Fund estimated 

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

7 any security service fees collected in excess of the amount 

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

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

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

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

14 further, That of the total amount provided herein, 

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

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

19 checked baggage explosive detection systems. 

20 FEDERAL AIR MARSHALS

21 For necessary expenses of the Federal air marshals, 

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

23 MARITIME AND LAND SECURITY

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

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

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

5 shall be distributed under the same terms and conditions 

6 as provided for under Public Law 107–117. 

7 INTELLIGENCE

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

11 expended.

12 RESEARCH AND DEVELOPMENT

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

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

17 ADMINISTRATION

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

20 headquarters and field support, training, and information 

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

2 CENTER 

3 SALARIES AND EXPENSES

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

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

7 Federal law enforcement basic training and shall remain 

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

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

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

13 without regard to the general purchase price limitation; 

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

16 presentation of awards for such matches; public awareness 

17 and enhancing community support of law enforcement 

18 training, including the advertisement and marketing of 

19 available law enforcement training programs; room and 

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

21 students undergoing training at Center training facilities; 

22 travel expenses of non-Federal personnel attending course 

23 development meetings; services authorized by section 3109 

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

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

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

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

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

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

12 shall be deposited in this appropriation: Provided further, 

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

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

16 the fiscal year shall not exceed total budgetary resources 

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

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

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

20 authorized purposes: Provided further, That the Center is 

21 authorized to harvest timber and use the proceeds from 

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

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

2 in accordance with Center policy.

3 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

4 RELATED EXPENSES

5 For expansion of the Federal Law Enforcement 

6 Training Center, for acquisition of necessary additional 

7 real property and facilities, and for ongoing maintenance, 

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

9 to remain available until expended: Provided, That the 

10 Federal Law Enforcement Training Center is authorized 

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

13 use facilities on training centers operated by the Federal 

14 Law Enforcement Training Center: Provided further, That 

15 notwithstanding any other provision of law, all facilities 

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

18 scheduling, use, maintenance, and support.

19 OFFICE FOR DOMESTIC PREPAREDNESS 

20 DOMESTIC PREPAREDNESS

21 For grants, contracts, cooperative agreements, and 

22 other activities of the Office for Domestic Preparedness, 

23 as authorized by the Homeland Security Act of 2002 

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

25 2001 (Public Law 107–56), $3,503,000,000 (increased by 
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1 $10,000,000), to remain available until expended: Pro2 vided, That of the amount provided under this heading—

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

4 grants; 

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

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

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

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

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

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

14 for Emergency Preparedness: 

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

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

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

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

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

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

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

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

4 That none of the funds appropriated under this heading 

5 shall be used for construction or renovation of facilities: 

6 Provided further, That funds appropriated in subsections 

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

9 TITLE III—EMERGENCY PREPAREDNESS AND 

10 RESPONSE 

11 ADMINISTRATIVE AND REGIONAL OPERATIONS

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

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

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

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

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

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

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

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

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

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

2 and representation expenses.

3 PREPAREDNESS, MITIGATION, RESPONSE, AND

4 RECOVERY

5 For necessary expenses for preparedness, mitigation, 

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

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

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

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

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

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

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

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

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

20 emergency operations centers grants: Provided, That the 

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

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

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

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

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

5 fees received pursuant to this section shall be deposited 

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

8 remain available until expended.

9 PUBLIC HEALTH PROGRAMS

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

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

15 BIODEFENSE COUNTERMEASURES

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

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

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

20 be obligated during fiscal years 2004 through 2008, of 

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

23 GRANT PROGRAMS

24 For activities designed to reduce the risk of flood 

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

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

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

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

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

8 Flood Insurance Fund, and shall remain available until 

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

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

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

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

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

17 EMERGENCY FOOD AND SHELTER

18 To carry out an emergency food and shelter program 

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

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

21 expended: Provided, That total administrative costs shall 

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

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses, not otherwise provided for, 

4 for programs as authorized by section 33 of the Federal 

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

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

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

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

10 for program administration.

11 DISASTER RELIEF

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses in carrying out the Robert 

14 T. Stafford Disaster Relief and Emergency Assistance Act 

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

19 investigations.

20 FLOOD MAP MODERNIZATION FUND

21 For necessary expenses pursuant to section 1360 of 

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

23 and such additional sums as may be provided by State 

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

2 such Act; to remain available until expended.

3 NATIONAL FLOOD INSURANCE FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For activities under the National Flood Insurance 

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

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

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

10 to remain available until September 30, 2005, including 

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

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

13 transfer to Grant Programs until September 30, 2005, 

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

16 and shall be retained and used for necessary expenses 

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

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

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

21 National Flood Insurance Fund without prior notice to the 

22 Committees on Appropriations.
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1 DISASTER ASSISTANCE DIRECT LOAN PROGRAM

2 ACCOUNT

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

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

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

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

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

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

12 TITLE IV—OTHER DEPARTMENTAL ACTIVITIES 

13 CITIZENSHIP AND IMMIGRATION SERVICES 

14 OPERATING EXPENSES

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

17 $248,500,000.

18 UNITED STATES COAST GUARD

19 OPERATING EXPENSES

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

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

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

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

3 representation expenses: Provided, That none of the funds 

4 appropriated in this or any other Act shall be available 

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

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

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

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

12 ENVIRONMENTAL COMPLIANCE AND RESTORATION

13 For necessary expenses to carry out the Coast 

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

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

17 RESERVE TRAINING

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

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

21 $94,051,000.

22 ACQUISITIONS, CONSTRUCTION, AND IMPROVEMENTS

23 For necessary expenses of acquisition, construction, 

24 renovation, and improvement of aids to navigation, shore 

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

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

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

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

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

8 for personnel compensation and benefits and related costs; 

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

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

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

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

21 United States Coast Guard that includes funding for each 

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

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

24 funding targets for those years as estimated and approved 

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

2 For necessary expenses for alteration or removal of 

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

4 expended.

5 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

6 For necessary expenses, not otherwise provided for, 

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

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

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

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

13 used for the purposes of this appropriation funds received 

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

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

18 RETIRED PAY

19 For retired pay, including the payment of obligations 

20 therefor otherwise chargeable to lapsed appropriations for 

21 this purpose, payments under the Retired Serviceman’s 

22 Family Protection and Survivor Benefits Plans, payment 

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

2 $1,020,000,000.

3 INFORMATION ANALYSIS AND 

4 INFRASTRUCTURE PROTECTION

5 OPERATING EXPENSES

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

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

10 2005.

11 SCIENCE AND TECHNOLOGY

12 RESEARCH, DEVELOPMENT, ACQUISITION, AND

13 OPERATIONS

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

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

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

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

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

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

7 UNITED STATES SECRET SERVICE 

8 SALARIES AND EXPENSES

9 For necessary expenses of the United States Secret 

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

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

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

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

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

20 protectee require an employee to work 16 hours per day 

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

24 on protective missions without regard to the limitation on 

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

2 research in support of protective research and operations; 

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

6 organizations in counterfeit investigations; for payment in 

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

9 without regard to the general purchase limitation for the 

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

11 available for forensic and related support of investigations 

12 of missing and exploited children: Provided further, That 

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

15 remain available until expended: Provided further, That up 

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

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

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

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

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

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

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

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

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

7 not exceed total budgetary resources available under this 

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

9 That the James J. Rowley Training Center is authorized 

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

12 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

13 RELATED EXPENSES

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

17 TITLE V—GENERAL PROVISIONS 

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

19 this Act shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

21 (TRANSFERS OF UNEXPENDED BALANCES)

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

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

25 to appropriation accounts for such activities established 

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

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

3 same time period as originally enacted. 

4 (INCLUDING TRANSFER OF FUNDS)

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

6 provided by previous appropriation Acts to the agencies 

7 in or transferred to the Department of Homeland Security 

8 that remain available for obligation or expenditure in fiscal 

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

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

12 for obligation or expenditure through a reprogramming of 

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

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

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

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

17 use funds directed for a specific activity by either the 

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

20 are notified 15 days in advance of such reprogramming 

21 of funds. 

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

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

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

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

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

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

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

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

13 on Appropriations are notified 15 days in advance of such 

14 reprogramming of funds. 

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

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

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

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

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

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

3 remaining available at the end of fiscal year 2004 from 

4 appropriations made available for salaries and expenses 

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

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

7 the purposes authorized: Provided, That a request shall 

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

10 further, That these requests shall be made in compliance 

11 with reprogramming guidelines.

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

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

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

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

17 purchase price limitation for the current fiscal year.

18 SEC. 506. The Federal Emergency Management 

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

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

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

24 the Secretary of Homeland Security determines may be 

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

2 Homeland Security Working Capital Fund’’.

3 SEC. 507. The Federal Emergency Management 

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

5 to the Department of Homeland Security, as authorized 

6 by sections 503 and 1517 of the Homeland Security Act 

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

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

9 property, to facilitate the work of the Department of 

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

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

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

14 gift or bequest to the greatest extent practicable.

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

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

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

21 SEC. 509. The Federal Law Enforcement Training 

22 Center is directed to establish an accrediting body that 

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

2 and assessing the quality and effectiveness of Federal law 

3 enforcement training programs, facilities, and instructors. 

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

6 establish a vessel traffic safety fairway less than 5 miles 

7 wide between the Santa Barbara Traffic Separation 

8 Scheme and the San Francisco Traffic Separation 

9 Scheme. 

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

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

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

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

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

21 available for obligation. 

22 SEC. 512. Notwithstanding any other provision of 

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

24 additional facilities, except within or contiguous to existing 

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

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

4 obtain the temporary use of additional facilities by lease, 

5 contract, or other agreement for training which cannot be 

6 accommodated in existing Center facilities. 

7 SEC. 513. The Federal Law Enforcement Training 

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

9 under its control are operated at their highest potential 

10 capacity efficiency throughout the fiscal year. In order to 

11 facilitate this direction, the Director is authorized to 

12 schedule basic and advanced law enforcement training at 

13 any site the Federal Law Enforcement Training Center 

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

16 capacity for training, notwithstanding legislative prohibi17 tions.

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

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

21 in the proximity of livestock.

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

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

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

2 prohibit the enforcement of section 307 of the Tariff Act 

3 of 1930.

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

5 Act may be used to allow—

6 (1) the importation into the United States of 

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

9 child labor, as determined pursuant to section 307 

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

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

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

13 in effect a detention order, pursuant to such section 

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

15 merchandise may have been mined, produced, or 

16 manufactured by forced or indentured child labor.

17 SEC. 517. Appropriations to the Department of 

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

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

22 purchased and used overseas for the current fiscal year; 

23 entering into contracts with the Department of State for 

24 the furnishing of health and medical services to employees 

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

2 States Code. 

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

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

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

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

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

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

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

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

17 not apply to— 

18 (1) negotiations between the agency and airport 

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

20 rates for these items, or 

21 (2) space for necessary security checkpoints. 

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

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

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

3 aviation cargo security plan that permits the transporting 

4 of unscreened or uninspected cargo on passenger planes. 

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

7 That the following sums are appropriated, out of any 

8 money in the Treasury not otherwise appropriated, for the 

9 Department of the Homeland Security for the fiscal year 

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

11 DEPARTMENT OF HOMELAND SECURITY 

12 TITLE I—DEPARTMENTAL OPERATIONS, 

13 MANAGEMENT, AND OVERSIGHT 

14 OFFICE OF THE SECRETARY AND EXECUTIVE

15 MANAGEMENT

16 For necessary expenses of the Office of the Secretary 

17 of Homeland Security as authorized by section 102 of the 

18 Homeland Security Act of 2002 (6 U.S.C. 112) and execu19 tive management of the Department of Homeland Security, 

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

21 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

22 For necessary expenses of the Office of the Under Sec23 retary for Management and Administration, as authorized 

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

25 (6 U.S.C. 341–344), $167,521,000: Provided, That of the 
41

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

2 until expended solely for the alteration and improvement 

3 of facilities and for relocation costs necessary for the in4 terim housing of the Department’s headquarters’ operations 

5 and organizations collocated therewith. 

6 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

7 For development and acquisition of information tech8 nology equipment, software, services, and related activities 

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

10 of conversion to narrowband communications, including the 

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

12 $185,000,000, to remain available until expended. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For necessary expenses of the Office of the Inspector 

15 General in carrying out the provisions of the Inspector Gen16 eral Act of 1978 (5 U.S.C. App.), $58,118,000; of which not 

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

18 operational expenses, including the payment of informants, 

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

20 TITLE II—SERVICES 

21 CITIZENSHIP AND IMMIGRATION SERVICES

22 For necessary expenses for citizenship and immigra23 tion services, including international services, as trans24 ferred by and authorized by the Homeland Security Act of 

25 2002 (6 U.S.C. 271, 272), $229,377,000. 
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1 TITLE III—SECURITY, ENFORCEMENT, AND 

2 INVESTIGATIONS 

3 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

4 TRANSPORTATION SECURITY

5 SALARIES AND EXPENSES

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

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

10 UNITED STATES VISITOR AND IMMIGRANT STATUS

11 INDICATOR TECHNOLOGY

12 For necessary expenses for the development of the 

13 United States Visitor and Immigrant Status Indicator 

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

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

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

18 appropriated in this Act for the United States Visitor and 

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

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

23 Representatives. 
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1 CUSTOMS AND BORDER PROTECTION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

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

6 activities related to plant and animal imports, acquisition, 

7 lease, maintenance and operation of aircraft; purchase and 

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

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

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

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

14 Transportation Security; as authorized by any Act enforced 

15 by the Bureau of Customs and Border Protection, 

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

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

19 Customs User Fee Account, except sums subject to section 

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

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

23 be available for payment for rental space in connection with 

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

25 shall be available for payments or advances arising out of 

26 contractual or reimbursable agreements with State and 
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1 local law enforcement agencies while engaged in cooperative 

2 activities related to immigration: Provided, That none of 

3 the funds appropriated shall be available to compensate any 

4 employee for overtime in an annual amount in excess of 

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

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

9 amount provided for activities to enforce laws against 

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

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

12 In addition, for administrative expenses related to the 

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

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

16 Harbor Maintenance Trust Fund and to be transferred to 

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

19 AUTOMATION MODERNIZATION

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

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

25 Act for the Automated Commercial Environment may be 

26 obligated until the Department of Homeland Security sub-
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1 mits a plan for expenditure that has been approved by the 

2 Committees on Appropriations of the Senate and the House 

3 of Representatives. 

4 CONSTRUCTION

5 For necessary expenses to plan, construct, renovate, 

6 equip, and maintain buildings and facilities necessary for 

7 the administration and enforcement of the laws relating to 

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

9 until expended. 

10 IMMIGRATION AND CUSTOMS ENFORCEMENT

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for enforcement of immigration 

14 and customs laws, detention and removals, investigations; 

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

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

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

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

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

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

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

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

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

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1 pended for information technology infrastructure, and of 

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

3 or reimburse other Federal agencies for the costs associated 

4 with the care, maintenance, and repatriation of smuggled 

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

6 shall be transferred from the revenues and collections in the 

7 General Services Administration, Federal Buildings Fund 

8 for the Federal Protective Service: Provided further, That 

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

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

12 Border and Transportation Security may waive that 

13 amount as necessary for national security purposes and in 

14 cases of immigration emergencies: Provided further, That 

15 of the total amount provided for activities to enforce laws 

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

17 $1,000,000 shall remain available until expended: Provided 

18 further, That not later than 180 days after the date of enact19 ment of this Act, the General Accounting Office shall trans20 mit to Congress a report on the implementation of the Stu21 dent and Exchange Visitor Information System (SEVIS), 

22 including an assessment of the technical problems faced by 

23 institutions of higher education using the system, the need 

24 for the detailed information collected, and an analysis of 
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1 corrective action being taken by the Department to resolve 

2 problems in SEVIS. 

3 AIR AND MARINE INTERDICTION, OPERATIONS, 

4 MAINTENANCE AND PROCUREMENT

5 For necessary expenses for the operation and mainte6 nance of marine vessels, aircraft, and other related equip7 ment of the Air and Marine Programs, including oper8 ational training and mission-related travel, and rental 

9 payments for facilities occupied by the air or marine inter10 diction and demand reduction programs, the operations of 

11 which include the following: the interdiction of narcotics 

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

13 and local agencies in the enforcement or administration of 

14 laws enforced by the Bureau of Immigration and Customs 

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

16 Bureau of Immigration and Customs Enforcement, the pro17 vision of assistance to Federal, State, and local agencies in 

18 other law enforcement and emergency humanitarian efforts, 

19 $257,291,000, to remain available until expended. 

20 CONSTRUCTION

21 For necessary expenses to plan, construct, renovate, 

22 equip, and maintain buildings and facilities necessary for 

23 the administration and enforcement of the laws relating to 

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

25 until expended. 
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1 TRANSPORTATION SECURITY ADMINISTRATION

2 AVIATION SECURITY

3 For necessary expenses of the Transportation Security 

4 Administration related to providing civil aviation security 

5 services pursuant to the Aviation and Transportation Secu6 rity Act (49 U.S.C. 40101 note), $4,523,900,000, to remain 

7 available until September 30, 2005, of which 

8 $3,185,000,000 shall be available for screening activities 

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

10 support and enforcement presence: Provided, That security 

11 service fees authorized under section 44940 of title 49, 

12 United States Code, shall be credited to this appropriation 

13 as offsetting collections and used for providing civil avia14 tion security services authorized by that section: Provided 

15 further, That the sum under this heading appropriated 

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

17 basis as such offsetting collections are received during fiscal 

18 year 2004 in order to result in a final fiscal year appro19 priation from the general fund estimated at not more than 

20 $2,453,900,000: Provided further, That any security service 

21 fees collected in excess of the amount appropriated under 

22 this heading shall be treated as offsetting collections in fiscal 

23 year 2005: Provided further, That of the total amount pro24 vided under this heading, $309,000,000 shall be available 

25 for physical modification of commercial service airports for 
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1 the purpose of installing checked baggage explosive detection 

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

3 I of the Consolidated Appropriations Resolution, 2003 (49 

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

5 procurement of checked baggage explosive detection systems, 

6 including explosive trace detection systems, as authorized 

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

8 MARITIME AND LAND SECURITY

9 For necessary expenses of the Transportation Security 

10 Administration related to maritime and land transpor11 tation security grants and services pursuant to the Aviation 

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

13 $295,000,000, to remain available until September 30, 

14 2005: Provided, That of the total amount provided under 

15 this heading, $150,000,000 shall be available for port secu16 rity grants, which shall be distributed under the same terms 

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

18 and $30,000,000 shall be available to execute grants, con19 tracts, and interagency agreements for the purpose of de20 ploying Operation Safe Commerce. 

21 INTELLIGENCE

22 For necessary expenses for intelligence activities pur23 suant to the Aviation and Transportation Security Act (49 

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

25 September 30, 2004. 
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1 RESEARCH AND DEVELOPMENT

2 For necessary expenses for research and development 

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

4 available until expended: Provided, That of the total 

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

6 available for the research and development of explosive de7 tection devices. 

8 ADMINISTRATION

9 For necessary administrative expenses of the Trans10 portation Security Administration to carry out the Avia11 tion and Transportation Security Act (49 U.S.C. 40101 

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

13 30, 2004. 

14 UNITED STATES COAST GUARD

15 OPERATING EXPENSES

16 (INCLUDING RESCISSION OF FUNDS)

17 For necessary expenses for the operation and mainte18 nance of the Coast Guard not otherwise provided for; pur19 chase of not to exceed five passenger motor vehicles for re20 placement only; payments pursuant to section 156 of Public 

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

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

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

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

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

26 Trust Fund: Provided, That none of the funds appropriated 
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1 by this or any other Act shall be available for administra2 tive expenses in connection with shipping commissioners in 

3 the United States: Provided further, That of the total 

4 amount provided under this heading, funding to operate 

5 and maintain the Coast Guard Research and Development 

6 Center shall continue at the fiscal year 2003 level: Provided 

7 further, That the Commandant of the Coast Guard shall 

8 conduct a study, the cost of which is not to exceed $350,000, 

9 to be submitted to the Committees on Appropriations of the 

10 Senate and the House of Representatives, on the research 

11 and development priorities of the Coast Guard and a design 

12 for a new research and development organizational struc13 ture within the Coast Guard that ensures that the Coast 

14 Guard has access to the most advanced technology necessary 

15 to perform its missions effectively: Provided further, That 

16 the Commandant may seek an independent entity to con17 duct such a study: Provided further, That none of the funds 

18 provided by this Act shall be available for expenses incurred 

19 for yacht documentation under section 12109 of title 46, 

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

21 from yacht owners and credited to this appropriation: Pro22 vided further, That notwithstanding section 1116(c) of title 

23 10, United States Code, amounts made available under this 

24 heading may be used to make payments into the Depart25 ment of Defense Medicare-Eligible Retiree Health Care 
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1 Fund for fiscal year 2004 under section 1116(a) of such 

2 title. 

3 In addition, of the funds appropriated under this 

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

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

6 ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

8 environmental compliance and restoration functions under 

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

10 remain available until expended. 

11 RESERVE TRAINING

12 For all necessary expenses of the Coast Guard Reserve, 

13 as authorized by law; maintenance and operation of facili14 ties; and supplies, equipment, and services, $95,000,000. 

15 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

16 For necessary expenses of acquisition, construction, 

17 renovation, and improvement of aids to navigation, shore 

18 facilities, vessels, and aircraft, including equipment related 

19 thereto; maintenance, rehabilitation, lease and operation of 

20 facilities and equipment, as authorized by law, 

21 $1,035,000,000, of which $23,500,000 shall be derived from 

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

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

24 vessels, small boats, and related equipment, to remain avail25 able until expended; of which $178,500,000 shall be avail26 able for other equipment, including $3,500,000 for defense 
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1 message system implementation and $1,000,000 for oil spill 

2 prevention efforts under the Ports and Waterways Safety 

3 Systems (PAWSS) program, to remain available until ex4 pended; of which $70,000,000 shall be available for per5 sonnel compensation and benefits and related costs; of which 

6 $702,000,000 shall be available for the Integrated Deep7 water Systems program, to remain available until ex8 pended; and of which $18,000,000 shall be available for al9 teration or removal of obstructive bridges, to remain avail10 able until expended: Provided, That the Commandant of the 

11 Coast Guard is authorized to dispose of surplus real prop12 erty, by sale or lease, and the proceeds shall be credited to 

13 this appropriation as offsetting collections and shall be 

14 available only for Rescue 21 and shall remain available 

15 until expended: Provided further, That funds for bridge al16 teration projects conducted pursuant to the Act of June 21, 

17 1940 (33 U.S.C. 511 et seq.) shall be available for such 

18 projects only to the extent that the steel, iron, and manufac19 tured products used in such projects are produced in the 

20 United States, unless contrary to law or international 

21 agreement, or unless the Commandant of the Coast Guard 

22 determines such action to be inconsistent with the public 

23 interest or the cost unreasonable. 

24 RETIRED PAY

25 For retired pay, including the payment of obligations 

26 therefor otherwise chargeable to lapsed appropriations for 
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1 this purpose, payments under the Retired Serviceman’s 

2 Family Protection and Survivor Benefits Plans, payment 

3 for career status bonuses under the National Defense Au4 thorization Act, and for payments for medical care of re5 tired personnel and their dependents under chapter 55 of 

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

7 UNITED STATES SECRET SERVICE

8 SALARIES AND EXPENSES

9 For necessary expenses of the United States Secret 

10 Service, including purchase of not to exceed 730 vehicles 

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

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

13 American-made sidecar compatible motorcycles; hire of air14 craft; services of expert witnesses at such rates as may be 

15 determined by the Director; rental of buildings in the Dis16 trict of Columbia, and fencing, lighting, guard booths, and 

17 other facilities on private or other property not in Govern18 ment ownership or control, as may be necessary to perform 

19 protective functions; for payment of per diem or subsistence 

20 allowances to employees where a protective assignment dur21 ing the actual day or days of the visit of a protectee require 

22 an employee to work 16 hours per day or to remain over23 night at his or her post of duty; the conducting of and par24 ticipating in firearms matches; presentation of awards; for 

25 travel of Secret Service employees on protective missions 
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1 without regard to the limitations on such expenditures in 

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

3 from the Committees on Appropriations of the Senate and 

4 the House of Representatives; for research and development; 

5 for making grants to conduct behavioral research in support 

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

7 to provide technical assistance and equipment to foreign 

8 law enforcement organizations in counterfeit investigations; 

9 for payment in advance for commercial accommodations as 

10 may be necessary to perform protective functions; 

11 $1,114,737,000, of which $1,633,000 shall be available for 

12 forensic and related support of investigations of missing 

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

14 available as a grant for activities related to the investiga15 tions of exploited children and shall remain available until 

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

17 protective travel shall remain available until September 30, 

18 2005: Provided further, That in fiscal year 2004 and there19 after, the James J. Rowley Training Center is authorized 

20 to provide short-term medical services for students under21 going training at the Center. 

22 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

23 RELATED EXPENSES

24 For necessary expenses of construction, repair, alter25 ation, and improvement of facilities, $3,579,000, to remain 

26 available until expended. 
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1 TITLE IV—ASSESSMENTS, PREPAREDNESS, AND 

2 RECOVERY 

3 COUNTERTERRORISM FUND

4 For necessary expenses, as determined by the Secretary 

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

6 until expended, to reimburse any Department of Homeland 

7 Security organization for the costs of providing support to 

8 counter, investigate, or prosecute unexpected threats or acts 

9 of terrorism, including payment of rewards in connection 

10 with these activities: Provided, That any funds provided 

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

13 Senate and the House of Representatives in accordance with 

14 section 605 of this Act. 

15 FEDERAL LAW ENFORCEMENT TRAINING CENTER

16 SALARIES AND EXPENSES

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

19 costs of Federal law enforcement basic training; purchase 

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

21 of passenger motor vehicles; for expenses for student athletic 

22 and related activities; the conducting of and participating 

23 in firearms matches and presentation of awards; for public 

24 awareness and enhancing community support of law en25 forcement training; room and board for student interns; 
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1 and services as authorized by section 3109 of title 5, United 

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

3 materials and support costs of Federal law enforcement 

4 basic training shall remain available until September 30, 

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

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

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

9 and thereafter, the Center is authorized to accept detailees 

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

11 to staff the accreditation function: Provided further, That 

12 notwithstanding any other provision of law, in fiscal year 

13 2004 and thereafter, students attending training at any 

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

15 housing, insofar as available and in accordance with Center 

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

17 thereafter, funds appropriated in this account shall be 

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

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

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

24 appropriation, except that reimbursement may be waived 

25 by the Secretary for law enforcement training activities in 
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1 foreign countries undertaken under section 801 of the 

2 Antiterrorism and Effective Death Penalty Act of 1996 

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

7 and training sponsored by the Center: Provided further, 

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

10 from agencies receiving training sponsored by the Center, 

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

12 shall not exceed total budgetary resources available at the 

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

14 2004 and thereafter, the Center is authorized to provide 

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

17 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

18 RELATED EXPENSES

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

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

2 STATE AND LOCAL PROGRAMS

3 For grants, contracts, cooperative agreements, and 

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

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

7 allocated as follows: 

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

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

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

11 State and local law enforcement terrorism prevention 

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

16 grants shall be made available to States within 15 

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

18 submit applications within 30 days after the grant 

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

21 days after receipt: Provided further, That each State 

22 shall obligate not less than 80 percent of the total 

23 amount of the grant to local governments within 45 

24 days after the grant award; 

25 (2) $30,000,000 for technical assistance; 
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1 (3) $750,000,000 for discretionary grants for use 

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

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

5 available by the State to local governments within 45 

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

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

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

9 and 

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

11 Provided, That none of the funds appropriated under this 

12 heading shall be used for the construction or renovation of 

13 facilities: Provided further, That funds appropriated for 

14 State and local law enforcement terrorism prevention 

15 grants under paragraph (1) and discretionary grants under 

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

18 associated with Office for Domestic Preparedness certified 

19 training as needed: Provided further, That the Secretary 

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

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

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

24 Provided further, That not later than January 1, 2004, the 

25 Office of Domestic Preparedness shall submit to the Com-
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1 mittees on Appropriations of the Senate and House of Rep2 resentatives a report detailing efforts to assess and dissemi3 nate best practices to emergency responders which, at a 

4 minimum, shall discuss (1) efforts to coordinate and share 

5 information with State and local officials and emergency 

6 preparedness organizations; and (2) steps the Department 

7 proposes to improve the coordination and sharing of such 

8 information, if any. 

9 FIREFIGHTER ASSISTANCE GRANTS

10 For necessary expenses for programs authorized by sec11 tion 33 of the Federal Fire Prevention and Control Act of 

12 1974 (15 U.S.C. 2201 et seq.), $750,000,000, to remain 

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

14 5 percent of this amount shall be available for program ad15 ministration. 

16 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

17 PREPAREDNESS AND RESPONSE

18 For necessary expenses for the Office of the Under Sec19 retary for Emergency Preparedness and Response as au20 thorized by section 502 of the Homeland Security Act of 

21 2002 (6 U.S.C. 312), $3,615,000. 

22 EMERGENCY PREPAREDNESS AND RESPONSE

23 OPERATING EXPENSES

24 (INCLUDING RESCISSION OF FUNDS)

25 For necessary expenses of the Emergency Preparedness 

26 and Response Directorate, $826,801,000, to remain avail-
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1 able until expended, including activities authorized by the 

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

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

4 4001 et seq.), the Robert T. Stafford Disaster Relief and 

5 Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Fed6 eral Fire Prevention and Control Act of 1974 (15 U.S.C. 

7 2201 et seq.), the Earthquake Hazards Reduction Act of 

8 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act 

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

10 303 of the National Security Act of 1947 (50 U.S.C. 404, 

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

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

13 101 et seq.): Provided, That of the amount provided under 

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

15 to Preparedness, Mitigation, Response and Recovery; 

16 $434,000,000 shall be for Public Health Programs, includ17 ing the Disaster Medical Assistance Teams and the Stra18 tegic National Stockpile; $165,214,000 shall be for Adminis19 trative and Regional Operations; and $64,587,000 shall be 

20 for Urban Search and Rescue Teams. 

21 In addition, of the funds appropriated under this 

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

23 are hereby rescinded. 

24 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

25 The aggregate charges assessed during fiscal year 2004, 

26 as authorized by the Energy and Water Development Ap-
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1 propriations Act, 2001 (Public Law 106–377; 114 Stat. 

2 114A–46), shall not be less than 100 percent of the amounts 

3 anticipated by the Department of Homeland Security nec4 essary for its radiological emergency preparedness program 

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

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

7 costs of providing such services, including administrative 

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

9 shall be deposited in this account as offsetting collections 

10 and will become available for authorized purposes on Octo11 ber 1, 2004, and remain available until expended. 

12 DISASTER RELIEF

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses in carrying out the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance Act (42 

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

17 matter under the heading ‘‘Disaster Relief’’ under the head18 ing ‘‘Federal Emergency Management Agency’’ of chapter 

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

20 remain available until expended; of which not to exceed 

21 $22,000,000 shall be transferred to and merged with the ap22 propriation for ‘‘Office of the Inspector General’’ for audits 

23 and investigations: Provided, That the Under Secretary for 

24 Emergency Preparedness and Response may provide ad25 vanced funding to authorize nonprofit entities performing 

26 duties under the Robert T. Stafford Disaster Relief and 
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1 Emergency Assistance Act (42 U.S.C. 5131 et seq.) who re2 spond to a disaster declared by the President if the non3 profit entity petitions the Under Secretary for such ad4 vanced funding and demonstrates that they would be unable 

5 to respond to the disaster absent such funding. 

6 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

8 Robert T. Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5162): Provided, That gross obligations 

10 for the principal amount of direct loans not to exceed 

11 $25,000,000: Provided further, That the cost of modifying 

12 such loans shall be as defined in section 502 of the Congres13 sional Budget Act of 1974 (2 U.S.C. 661a). In addition, 

14 for administrative expenses to carry out the direct loan pro15 gram, $557,000. 

16 NATIONAL PRE-DISASTER MITIGATION FUND

17 For a pre-disaster mitigation grant program pursuant 

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

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

20 $150,000,000, to remain available until expended: Pro21 vided, That grants made for pre-disaster mitigation shall 

22 be awarded on a competitive basis subject to the criteria 

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

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

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

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

2 allocation of funds: Provided further, That total adminis3 trative costs shall not exceed 3 percent of the total appro4 priation. 

5 FLOOD MAP MODERNIZATION FUND

6 For necessary expenses pursuant to section 1360 of the 

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

8 $200,000,000, and such additional sums as may be pro9 vided by State and local governments or other political sub10 divisions for cost-shared mapping activities under section 

11 1360(f)(2) of such Act, to remain available until expended: 

12 Provided, That total administrative costs shall not exceed 

13 3 percent of the total appropriation. 

14 NATIONAL FLOOD INSURANCE FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For activities under the National Flood Insurance Act 

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

18 Protection Act of 1973 (42 U.S.C. 4001 et seq.), not to ex19 ceed $32,663,000 for salaries and expenses associated with 

20 flood mitigation and flood insurance operations; and not 

21 to exceed $77,809,000 for flood hazard mitigation, to re22 main available until September 30, 2005, including up to 

23 $20,000,000 for expenses under section 1366 of the National 

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

25 amount shall be available for transfer to the National Flood 

26 Mitigation Fund until September 30, 2005, and which 
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1 amounts shall be derived from offsetting collections assessed 

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

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

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

5 2004, no funds in excess of: (1) $55,000,000 for operating 

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

7 taxes; and (3) $40,000,000 for interest on Treasury bor8 rowings shall be available from the National Flood Insur9 ance Fund. 

10 NATIONAL FLOOD MITIGATION FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 Notwithstanding subparagraphs (B) and (C) of sub13 section (b)(3), and subsection (f) of section 1366 of the Na14 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

15 $20,000,000, to remain available until September 30, 2005, 

16 for activities designed to reduce the risk of flood damage 

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

18 shall be derived from the National Flood Insurance Fund. 

19 EMERGENCY MANAGEMENTPERFORMANCE GRANTS

20 For necessary expenses for emergency management 

21 performance grants, as authorized by the National Flood 

22 Insurance Act of 1968 and the Flood Disaster Protection 

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

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

25 5121 et seq.), the Earthquake Hazards Reductions Act of 
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1 1977 (42 U.S.C. 7701 et seq.), and the Reorganization Plan 

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

3 EMERGENCY FOOD AND SHELTER

4 To carry out an emergency food and shelter program 

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

6 11331 et seq.), $153,000,000, to remain available until ex7 pended: Provided, That total administrative costs shall not 

8 exceed 3.5 percent of the total appropriation. 

9 CERRO GRANDE FIRE CLAIMS

10 For payment of claims under the Cerro Grande Fire 

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

12 $38,062,000, to remain available until expended: Provided, 

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

14 for administrative costs. 

15 OFFICE OF THE UNDER SECRETARY FOR INFORMATION

16 ANALYSIS AND INFRASTRUCTURE PROTECTION

17 For necessary expenses of the Office of the Under Sec18 retary for Information Analysis and Infrastructure Protec19 tion as authorized by section 201 of the Homeland Security 

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

21 $5,442,000 shall be for operations of the Department of 

22 Homeland Security Command Center: Provided, That no 

23 later than 120 days after enactment of this Act the Under 

24 Secretary of Infrastructure Analysis and Infrastructure 

25 Protection shall submit a report to the Committees on Ap26 propriations of the Senate and House of Representatives on 
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1 the vulnerability of the 250 largest sports and entertain2 ment facilities (based on seating capacity). 

3 INFORMATION ANALYSIS AND INFRASTRUCTURE

4 PROTECTION, OPERATING EXPENSES

5 For necessary expenses for information analysis and 

6 infrastructure protection as authorized by section 201 of the 

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

8 $823,700,000, to remain available until September 30, 

9 2005. 

10 TITLE V—RESEARCH AND DEVELOPMENT 

11 OFFICE OF THE UNDER SECRETARY FOR SCIENCE AND

12 TECHNOLOGY

13 For necessary expenses of the Office of the Under Sec14 retary for Science and Technology as authorized by section 

15 302 of the Homeland Security Act of 2002 (6 U.S.C. 182), 

16 $5,400,000. 

17 SCIENCE AND TECHNOLOGY, RESEARCH, DEVELOPMENT, 

18 ACQUISITION AND OPERATIONS

19 For necessary expenses for science and technology re20 search, development, acquisition, and operations, as author21 ized by sections 302, 307, and 308 of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 182, 187, 188), $866,000,000, 

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

24 is for university-based centers for homeland security as au25 thorized by section 308(b)(2) of the Homeland Security Act 
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1 of 2002 (6 U.S.C. 188(b)(2)); and of which $70,000,000 is 

2 provided for the centralized Federal technology clearing3 house as authorized by section 313 of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 193): Provided, That of the total 

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

6 construction of the National Biodefense Analysis and Coun7 termeasures Center: Provided further, That the Under Sec8 retary for Science and Technology shall work with the Coast 

9 Guard Research and Development Center regarding re10 search priorities for the Coast Guard: Provided further, 

11 That there may be credited to and used for the purposes 

12 of this appropriation funds received from State and local 

13 governments, other public authorities, private sources, and 

14 foreign countries, for expenses incurred for research, devel15 opment, testing, and evaluation. 

16 TITLE VI—GENERAL PROVISIONS 

17 (INCLUDING TRANSFERS OF FUNDS)

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

19 this Act shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

21 SEC. 602. The Federal Emergency Management Agen22 cy ‘‘Working Capital Fund’’ shall be available to the De23 partment of Homeland Security, as authorized by sections 

24 503 and 1517 of the Homeland Security Act of 2002 (6 

25 U.S.C. 313 and 557), for expenses and equipment necessary 
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1 for maintenance and operations of such administrative 

2 services as the Secretary determines may be performed more 

3 advantageously as central services: Provided, That such 

4 fund shall hereafter be known as the ‘‘Department of Home5 land Security Working Capital Fund’’. 

6 SEC. 603. The Federal Emergency Management Agen7 cy ‘‘Bequests and Gifts’’ account shall be available to the 

8 Department of Homeland Security, as authorized by sec9 tions 503 and 1517 of the Homeland Security Act of 2002 

10 (6 U.S.C. 313 and 557), for the Secretary of Homeland Se11 curity to accept, hold, administer and utilize gifts and be12 quests, including property, to facilitate the work of the De13 partment of Homeland Security: Provided, That such fund 

14 shall hereafter be known as ‘‘Department of Homeland Se15 curity, Gifts and Donations’’: Provided further, That any 

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

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

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

19 Security may be detailed or assigned from an agency, bu20 reau, or office funded by this Act to any other agency, bu21 reau, or office of the Department for more than 30 days 

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

23 reimbursed by the receiving agency or office for the salary 

24 and expenses of the employee for the period of assignment 

25 unless expressly so provided herein. 
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1 SEC. 605. (a) None of the funds provided by this Act, 

2 or provided by previous appropriations Acts to the agencies 

3 in or transferred to the Department of Homeland Security 

4 that remain available for obligation or expenditure in fiscal 

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

6 of the United States derived by the collection of fees avail7 able to the agencies funded by this Act shall be available 

8 for obligation or expenditure through a reprogramming of 

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

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

11 program, project, or activity for which funds have been de12 nied or restricted by Congress; or (4) proposes to use funds 

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

14 Committees on Appropriations for a different purpose, un15 less the Committees on Appropriations of the Senate and 

16 the House of Representatives are notified 15 days in ad17 vance of such reprogramming of funds. 

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

19 by previous appropriations Acts to the agencies in or trans20 ferred to the Department of Homeland Security that remain 

21 available for obligation or expenditure in fiscal year 2004, 

22 or provided from any accounts in the Treasury of the 

23 United States derived by the collection of fees available to 

24 the agencies funded by this Act, shall be available for obliga25 tion or expenditure for programs, projects, or activities 
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1 through a reprogramming of funds in excess of $5,000,000 

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

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

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

5 numbers of personnel by 10 percent as approved by Con6 gress; or (3) results from any general savings from a reduc7 tion in personnel which would result in a change in existing 

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

9 unless the Committees on Appropriations of the Senate and 

10 the House of Representatives are notified 15 days in ad11 vance of such reprogramming of funds. 

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

13 available for the current fiscal year to the Department of 

14 Homeland Security by this Act or provided by previous ap15 propriations Acts may be transferred between such appro16 priations, but no such appropriation, except otherwise spe17 cifically provided, shall be increased by more than 10 per18 cent by any such transfers: Provided, That any transfer 

19 under this section shall be treated as a reprogramming of 

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

21 available for obligation unless the Committees on Appro22 priations of the Senate and the House of Representatives 

23 are notified 15 days in advance of such transfer. 

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

25 otherwise made available, not to exceed $100,000 may be 
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1 used for official reception and representation expenses when 

2 specifically approved by the Secretary. 

3 SEC. 607. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

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

6 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

7 2004 until the date of enactment of an Act authorizing in8 telligence activities for fiscal year 2004. 

9 SEC. 608. The Federal Law Enforcement Training 

10 Center is directed to establish an accrediting body that will 

11 include representatives from the Federal law enforcement 

12 community, as well as non-Federal accreditation experts 

13 involved in law enforcement training. The purpose of this 

14 body will be to establish standards for measuring and as15 sessing the quality and effectiveness of Federal law enforce16 ment training programs, facilities, and instructors. 

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

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

19 the production of customs declarations that do not inquire 

20 whether the passenger had been in the proximity of live21 stock. 

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

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

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

25 employee where funding an activity or paying a salary to 
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1 a Government employee would result in a determination, 

2 regulation, or policy that would prohibit the enforcement 

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

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

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

6 allow—

7 (1) the importation into the United States of 

8 any good, ware, article, or merchandise mined, pro9 duced, or manufactured by forced or indentured child 

10 labor, as determined under section 307 of the Tariff 

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

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

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

14 in effect a detention order under such section 307 on 

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

16 may have been mined, produced, or manufactured by 

17 forced or indentured child labor. 

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

19 used for purchase of insurance for official motor vehicles 

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

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

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

23 use of passenger vehicles may be made without regard to 

24 the general purchase price limitation for the current fiscal 

25 year. 
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1 SEC. 613. Unless otherwise provided, funds may be 

2 used for uniforms without regard to the general purchase 

3 price limitation for the current fiscal year. 

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

5 Act shall be used to pay the salaries and expenses of per6 sonnel to adopt guidelines or regulations requiring airport 

7 sponsors to provide to the Transportation Security Admin8 istration without cost building construction, maintenance, 

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

10 buildings for services relating to aviation security: Pro11 vided, That the prohibition of funds in this section does not 

12 apply to negotiations between the agency and airport spon13 sors to achieve agreement on ‘‘below-market’’ rates for these 

14 items or to grant assurances that require airport sponsors 

15 to provide land without cost to the Transportation Security 

16 Administration for necessary security checkpoints. 

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

18 previous appropriations Acts may be obligated for testing 

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

20 the Computer Assisted Passenger Prescreening System 

21 (CAPPS II) that the Transportation Security Administra22 tion (TSA) plans to utilize to screen aviation passengers, 

23 until the General Accounting Office has reported to the 

24 Committees on Appropriations of the Senate and the House 

25 of Representatives that—
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1 (1) a system of due process exists whereby avia2 tion passengers determined to pose a threat and either 

3 delayed or prohibited from boarding their scheduled 

4 flights by the TSA may appeal such decision and cor5 rect erroneous information contained in CAPPS II; 

6 (2) the underlying error rate of the government 

7 and private data bases that will be used both to estab8 lish identity and assign a risk level to a passenger 

9 will not produce a large number of false positives that 

10 will result in a significant number of passengers 

11 being treated mistakenly or security resources being 

12 diverted; 

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

14 the efficacy and accuracy of all search tools in 

15 CAPPS II and has demonstrated that CAPPS II can 

16 make an accurate predictive assessment of those pas17 sengers who may constitute a threat to aviation; 

18 (4) the Secretary of Homeland Security has es19 tablished an internal oversight board to monitor the 

20 manner in which CAPPS II is being developed and 

21 prepared; 

22 (5) the TSA has built in sufficient operational 

23 safeguards to reduce the opportunities for abuse; 
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1 (6) substantial security measures are in place to 

2 protect CAPPS II from unauthorized access by hack3 ers or other intruders; 

4 (7) the TSA has adopted policies establishing ef5 fective oversight of the use and operation of the sys6 tem; and 

7 (8) there are no specific privacy concerns with 

8 the technological architecture of the system. 

9 (b) The General Accounting Office shall submit the re10 port required under paragraph (a) of this section no later 

11 than 60 days after the Secretary of Homeland Security has 

12 published in the Federal Register the Department’s privacy 

13 notice for CAPPS II or no later than 60 days after enact14 ment of this Act, whichever is later. 

15 SEC. 616. Not later than March 1, 2004, the Secretary 

16 of Homeland Security shall submit to Congress a report 

17 that—

18 (1) details the progress made in developing coun19 termeasures for commercial aircraft against shoulder20 fired missile systems, including cost and time sched21 ules for developing and deploying such counter22 measures; and 

23 (2) in classified form and in conjunction with 

24 airports in category X and category one, an assess25 ment of the vulnerability of such airports from the 
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1 threat of shoulder-fired missile systems and the in2 terim measures being taken to address the threat. 

3 SEC. 617. Not later than March 1, 2004, the Secretary 

4 of Homeland Security shall issue a classified report to Con5 gress on the security costs incurred by State and local gov6 ernment law enforcement personnel in each State in com7 plying with requests and requirements of the United States 

8 Secret Service to provide protective services and transpor9 tation for foreign and domestic officials. 

10 SEC. 618. None of the funds appropriated or otherwise 

11 made available by this Act may be obligated or expended 

12 for the procurement of any articles, materials, or supplies 

13 in contravention of the Buy American Act (41 U.S.C. 10a 

14 et seq.). 

15 SEC. 619. Not later than 90 days after the date of en16 actment of this Act, the Secretary of Homeland Security 

17 shall submit a report in unclassified form to Congress on 

18 the Homeland Security Advisory System, which shall in19 clude—

20 (1) an assessment of how the system is fulfilling 

21 its missions to—

22 (A) provide a national framework for Fed23 eral, State, and local governments, private in24 dustry and the public to gauge threat levels; 
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1 (B) establish the integration of factors for 

2 assignment of threat conditions; 

3 (C) unify the system of public announce4 ments, allowing government officials and citizens 

5 to communicate the nature and degree of ter6 rorist threats; and 

7 (D) provide a tool for combating terrorism 

8 by deterring terrorist activity, notifying law en9 forcement and State and local government offi10 cials of threats, informing the public about gov11 ernment preparations, and providing such offi12 cials and the public with information necessary 

13 to respond to the threat; 

14 (2) the average daily cost of elevating the Home15 land Security Advisory System by 1 threat level; 

16 (3) an evaluation by the Inspector General of the 

17 Department of Homeland Security of the responses to 

18 each of the suggested protective measures to be taken 

19 at each threat level; and 

20 (4) a review of efforts taken by the Department 

21 of Homeland Security to refine the Homeland Secu22 rity Advisory System, and the progress of tailoring 

23 the system so that threat alerts are issued on a re24 gional basis rather than nationally. 

25 SEC. 620. (a) Congress finds that—
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1 (1) emergency responders are the first line of de2 fense in protecting our Nation against terrorist at3 tacks; 

4 (2) the Department of Homeland Security uses 

5 population as a factor when allocating grant funding 

6 to States and local governments for emergency re7 sponders; 

8 (3) population plays an important role in both 

9 formula and discretionary grants, which are adminis10 tered by the Department of Homeland Security; 

11 (4) the number of people in a city or State often 

12 differs from estimates by the Census Bureau; 

13 (5) large groups of tourists regularly visit many 

14 American cities and States, but are not included in 

15 the resident population of these cities and States; and 

16 (6) the monetary needs of emergency responders 

17 are directly related to the amount of people they are 

18 responsible to protect. 

19 (b) It is the sense of the Senate that the Secretary of 

20 Homeland Security should take into account tourist popu21 lation as a factor when determining resource needs and po22 tential vulnerabilities for the purpose of allocating funds 

23 for discretionary and formula grants. 
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1 SEC. 621. Not later than 30 days after the date of en2 actment of this Act, the Under Secretary for Emergency 

3 Preparedness and Response shall—

4 (1) review the damage survey reports and project 

5 worksheets relating to the damages and costs incurred 

6 by the University of North Dakota as a result of the 

7 April 1997 flooding in North Dakota, which is classi8 fied by Emergency Preparedness and Response as 

9 DR–1174–ND; and 

10 (2) submit a report on the efforts of the Direc11 torate of Emergency Preparedness and Response to re12 solve any outstanding claims by the University of 

13 North Dakota relating to the reports described in 

14 paragraph (1) to the Committees on Appropriations 

15 of the Senate and House of Representatives. 

16 SEC. 622. Not later than 60 days after the date of the 

17 enactment of this Act, the Secretary of Homeland Security, 

18 in consultation with the Secretary of State and the Attorney 

19 General, shall report to the Committees on Appropriations 

20 of the Senate and the House of Representatives on the feasi21 bility of providing access to State and local law enforcement 

22 agencies to the database of the Department of State on po23 tential terrorists known as the ‘‘Tipoff’’ database, including 

24 the process by which classified information shall be secured 

25 from unauthorized disclosure. 
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1 SEC. 623. Not later than 60 days after the date of en2 actment of this Act, the Secretary of Homeland Security, 

3 in collaboration with the Director of the Office of Manage4 ment and Budget, shall submit a report to the Committee 

5 on Appropriations of the Senate, the Committee on Appro6 priations of the House of Representatives, the Committee 

7 on Governmental Affairs of the Senate, the Committee on 

8 Government Reform of the House of Representatives, and 

9 the Select Committee on Homeland Security of the House 

10 of Representatives on the status of the Department’s efforts 

11 to—

12 (1) complete an inventory of the Department’s 

13 entire information technology infrastructure; 

14 (2) devise and deploy a secure comprehensive en15 terprise architecture that—

16 (A) promotes interoperability of homeland 

17 security information systems, including commu18 nications systems, for agencies within and out19 side the Department; 

20 (B) avoids unnecessary duplication; and 

21 (C) aids rapid and appropriate information 

22 exchange, retrieval, and collaboration at all lev23 els of government; 

24 (3) consolidate multiple overlapping and incon25 sistent terrorist watch lists, reconcile different policies 
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1 and procedures governing whether and how terrorist 

2 watch list data are shared with other agencies and or3 ganizations, and resolve fundamental differences in 

4 the design of the systems that house the watch lists so 

5 as to achieve consistency and expeditious access to ac6 curate, complete, and current information; 

7 (4) ensure that the Department’s enterprise ar8 chitecture and the information systems leveraged, de9 veloped, managed, and acquired under such enterprise 

10 architecture are capable of rapid deployment, limit 

11 data access only to authorized users in a highly se12 cure environment, and are capable of continuous sys13 tem upgrades to benefit from advances in technology 

14 while preserving the integrity of stored data; and 

15 (5) align common information technology invest16 ments within the Department and between the De17 partment and other Federal, State, and local agencies 

18 responsible for homeland security to minimize incon19 sistent and duplicate acquisitions and expenditures. 

20 SEC. 624. No funds in this Act shall be available for 

21 any contract entered into after the date of enactment of this 

22 Act by the Department of Homeland Security with—

23 (1) an inverted domestic corporation (as defined 

24 in section 835 of the Homeland Security Act of 2002 

25 (Public Law 107–296; 6 U.S.C. 395)), 
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1 (2) any corporation which completed a plan (or 

2 series of transactions) described in such section before, 

3 on, or after the date of enactment of the Homeland 

4 Security Act of 2002 (Public Law 107–296; 6 U.S.C. 

5 395), or 

6 (3) any subsidiary of a corporation described in 

7 paragraph (1) or (2). 

8 SEC. 625. It is the sense of the Senate that the Depart9 ment of Homeland Security’s Undersecretary for Science 

10 and Technology should take all appropriate steps to ensure 

11 the active participation of historically black colleges and 

12 universities, tribal colleges, Hispanic-serving institutions, 

13 and Alaskan Native serving institutions in Department 

14 sponsored university research. 

15 SEC. 626. (a) Not later than 120 days after the date 

16 of the enactment of this Act, the Secretary shall submit to 

17 the Committees on Appropriations of the Senate and the 

18 House of Representatives a plan for enhancements of the 

19 operations of the Information Analysis and Infrastructure 

20 Protection Directorate in order to—

21 (1) meet the personnel requirements of the Direc22 torate; 

23 (2) improve communications between the Direc24 torate and the intelligence community; and 
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1 (3) improve coordination between the Directorate 

2 and State and local counterterrorism and law en3 forcement officials. 

4 (b) In addition to the matters specified in subsection 

5 (a), the plan shall include a description of the current assets 

6 and capabilities of the Information Analysis and Infra7 structure Protection Directorate, a strategy for the Direc8 torate for the coordination and dissemination of intelligence 

9 and other information, and a schedule for the implementa10 tion of the plan required under subsection (a). 

11 SEC. 627. Not later than 90 days after the date of en12 actment of this Act, the Comptroller General shall conduct 

13 a review and report to Congress on all of the data-mining 

14 programs relating to law enforcement and terrorism cur15 rently under development and in use in the Department 

16 of Homeland Security. 

17 SEC. 628. When establishing priorities for firefighting 

18 vehicles in the Firefighter Assistance Grants program, the 

19 Secretary shall take into consideration the unique geo20 graphical needs of individual fire departments. 

21 SEC. 629. Not later than 90 days after the date of the 

22 enactment of this Act, the Secretary of Homeland Security 

23 shall conduct a study and submit a report with rec24 ommendations to the Committee on Appropriations of the 

25 House of Representatives and the Committee on Appropria-
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1 tions of the Senate regarding the status of the air traffic 

2 control communications voids and gaps in tethered aerostat 

3 coverage around the United States, such as those existing 

4 in the central Gulf of Mexico. 

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

Passed the House of Representatives June 24, 2003. 

Attest: JEFF TRANDAHL, 

Clerk.

Passed the Senate July 24 (legislative day, July 21), 

2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.