In the Senate of the United States,

July 24 (legislative day, July 21), 2003.

Resolved, That the bill from the House of Representatives (H.R. 2555) entitled ‘‘An Act making appropriations for

the Department of Homeland Security for the fiscal year ending September 30, 2004, and for other purposes.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of the Homeland Security for the fiscal year

4 ending September 30, 2004, and for other purposes, namely:
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1 DEPARTMENT OF HOMELAND SECURITY

2 TITLE I—DEPARTMENTAL OPERATIONS,

3 MANAGEMENT, AND OVERSIGHT

4 OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT

6 For necessary expenses of the Office of the Secretary

7 of Homeland Security as authorized by section 102 of the

8 Homeland Security Act of 2002 (6 U.S.C. 112) and execu9 tive management of the Department of Homeland Security,

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

11 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

12 For necessary expenses of the Office of the Under Sec13 retary for Management and Administration, as authorized

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

15 (6 U.S.C. 341–344), $167,521,000: Provided, That of the

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

17 until expended solely for the alteration and improvement

18 of facilities and for relocation costs necessary for the in19 terim housing of the Department’s headquarters’ operations

20 and organizations collocated therewith.

21 DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS

22 For development and acquisition of information tech23 nology equipment, software, services, and related activities

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

25 of conversion to narrowband communications, including the
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1 cost for operation of the land mobile radio legacy systems,

2 $185,000,000, to remain available until expended.

3 OFFICE OF THE INSPECTOR GENERAL

4 For necessary expenses of the Office of the Inspector

5 General in carrying out the provisions of the Inspector Gen6 eral Act of 1978 (5 U.S.C. App.), $58,118,000; of which not

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

8 operational expenses, including the payment of informants,

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

10 TITLE II—SERVICES

11 CITIZENSHIP AND IMMIGRATION SERVICES

12 For necessary expenses for citizenship and immigra13 tion services, including international services, as trans14 ferred by and authorized by the Homeland Security Act of

15 2002 (6 U.S.C. 271, 272), $229,377,000.

16 TITLE III—SECURITY, ENFORCEMENT, AND

17 INVESTIGATIONS

18 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

19 TRANSPORTATION SECURITY

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of the Under Sec22 retary for Border and Transportation Security, as author23 ized by Subtitle A, Title IV, of the Homeland Security Act

24 of 2002 (6 U.S.C. 201–203), $8,842,000.
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1 UNITED STATES VISITOR AND IMMIGRANT STATUS

2 INDICATOR TECHNOLOGY

3 For necessary expenses for the development of the

4 United States Visitor and Immigrant Status Indicator

5 Technology project, as authorized by section 110 of the Ille6 gal Immigration Reform and Immigration Responsibility

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

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

9 appropriated in this Act for the United States Visitor and

10 Immigrant Status Indicator Technology project may be ob11 ligated until the Department of Homeland Security submits

12 a plan for expenditure that has been approved by the Com13 mittees on Appropriations of the Senate and the House of

14 Representatives.

15 CUSTOMS AND BORDER PROTECTION

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses for border security, immigra19 tion, customs, and agricultural inspections and regulatory

20 activities related to plant and animal imports, acquisition,

21 lease, maintenance and operation of aircraft; purchase and

22 lease of up to 4,500 (3,935 for replacement only) police23 type vehicles; contracting with individuals for personal

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

25 unforeseen emergencies of a confidential nature, to be ex26 pended under the direction of, and to be accounted for solely
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1 under the certificate of, the Under Secretary for Border and

2 Transportation Security; as authorized by any Act enforced

3 by the Bureau of Customs and Border Protection,

4 $4,366,000,000, of which not to exceed $96,000,000 shall re5 main available until September 30, 2005, for inspection

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

7 Customs User Fee Account, except sums subject to section

8 13031(f)(3) of the Consolidated Omnibus Budget Reconcili9 ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived

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

11 be available for payment for rental space in connection with

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

13 shall be available for payments or advances arising out of

14 contractual or reimbursable agreements with State and

15 local law enforcement agencies while engaged in cooperative

16 activities related to immigration: Provided, That none of

17 the funds appropriated shall be available to compensate any

18 employee for overtime in an annual amount in excess of

19 $30,000, except that the Under Secretary for Border and

20 Transportation Security may exceed that amount as nec21 essary for national security purposes and in cases of immi22 gration emergencies: Provided further, That of the total

23 amount provided for activities to enforce laws against

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

25 $4,000,000 shall remain available until expended.
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1 In addition, for administrative expenses related to the

2 collection of the Harbor Maintenance Fee, pursuant to Pub3 lic Law 103–182, and notwithstanding section 1511 (e)(1)

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

5 Harbor Maintenance Trust Fund and to be transferred to

6 and merged with the appropriation for ‘‘Salaries and Ex7 penses’’ under this heading.

8 AUTOMATION MODERNIZATION

9 For expenses for Customs and Border Protection auto10 mated systems, $441,122,000, to remain available until ex11 pended, of which not less than $318,690,000 shall be for

12 the development of the Automated Commercial Environ13 ment: Provided, That none of the funds appropriated in this

14 Act for the Automated Commercial Environment may be

15 obligated until the Department of Homeland Security sub16 mits a plan for expenditure that has been approved by the

17 Committees on Appropriations of the Senate and the House

18 of Representatives.

19 CONSTRUCTION

20 For necessary expenses to plan, construct, renovate,

21 equip, and maintain buildings and facilities necessary for

22 the administration and enforcement of the laws relating to

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

24 until expended.
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1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for enforcement of immigration

5 and customs laws, detention and removals, investigations;

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

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

8 $1,000,000 to meet unforeseen emergencies of a confidential

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

10 accounted for solely under the certificate of, the Under Sec11 retary for Border and Transportation Security; as author12 ized by any Act enforced by the Bureau of Immigration

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

14 exceed $5,000,000 shall be available until expended for con15 ducting special operations pursuant to section 3131 of the

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

17 which not less than $40,000,000 shall be available until ex18 pended for information technology infrastructure, and of

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

20 or reimburse other Federal agencies for the costs associated

21 with the care, maintenance, and repatriation of smuggled

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

23 shall be transferred from the revenues and collections in the

24 General Services Administration, Federal Buildings Fund

25 for the Federal Protective Service: Provided further, That

26 none of the funds appropriated shall be available to com-
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1 pensate any employee for overtime in an annual amount

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

3 Border and Transportation Security may waive that

4 amount as necessary for national security purposes and in

5 cases of immigration emergencies: Provided further, That

6 of the total amount provided for activities to enforce laws

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

8 $1,000,000 shall remain available until expended: Provided

9 further, That not later than 180 days after the date of enact10 ment of this Act, the General Accounting Office shall trans11 mit to Congress a report on the implementation of the Stu12 dent and Exchange Visitor Information System (SEVIS),

13 including an assessment of the technical problems faced by

14 institutions of higher education using the system, the need

15 for the detailed information collected, and an analysis of

16 corrective action being taken by the Department to resolve

17 problems in SEVIS.

18 AIR AND MARINE INTERDICTION, OPERATIONS,

19 MAINTENANCE AND PROCUREMENT

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

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

26 which include the following: the interdiction of narcotics
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1 and other goods; the provision of support to Federal, State,

2 and local agencies in the enforcement or administration of

3 laws enforced by the Bureau of Immigration and Customs

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

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

7 other law enforcement and emergency humanitarian efforts,

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

9 CONSTRUCTION

10 For necessary expenses to plan, construct, renovate,

11 equip, and maintain buildings and facilities necessary for

12 the administration and enforcement of the laws relating to

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

14 until expended.

15 TRANSPORTATION SECURITY ADMINISTRATION

16 AVIATION SECURITY

17 For necessary expenses of the Transportation Security

18 Administration related to providing civil aviation security

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

21 available until September 30, 2005, of which

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

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

24 support and enforcement presence: Provided, That security

25 service fees authorized under section 44940 of title 49,

26 United States Code, shall be credited to this appropriation
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1 as offsetting collections and used for providing civil avia2 tion security services authorized by that section: Provided

3 further, That the sum under this heading appropriated

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

5 basis as such offsetting collections are received during fiscal

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

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

9 fees collected in excess of the amount appropriated under

10 this heading shall be treated as offsetting collections in fiscal

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

13 for physical modification of commercial service airports for

14 the purpose of installing checked baggage explosive detection

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

16 I of the Consolidated Appropriations Resolution, 2003 (49

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

18 procurement of checked baggage explosive detection systems,

19 including explosive trace detection systems, as authorized

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

21 MARITIME AND LAND SECURITY

22 For necessary expenses of the Transportation Security

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

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

26 $295,000,000, to remain available until September 30,
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1 2005: Provided, That of the total amount provided under

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

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

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

8 INTELLIGENCE

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

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

12 September 30, 2004.

13 RESEARCH AND DEVELOPMENT

14 For necessary expenses for research and development

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

16 available until expended: Provided, That of the total

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

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

20 ADMINISTRATION

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

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

25 30, 2004.
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1 UNITED STATES COAST GUARD

2 OPERATING EXPENSES

3 (INCLUDING RESCISSION OF FUNDS)

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

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

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

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

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

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

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

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

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

17 amount provided under this heading, funding to operate

18 and maintain the Coast Guard Research and Development

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

20 further, That the Commandant of the Coast Guard shall

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

22 to be submitted to the Committees on Appropriations of the

23 Senate and the House of Representatives, on the research

24 and development priorities of the Coast Guard and a design

25 for a new research and development organizational struc26 ture within the Coast Guard that ensures that the Coast
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1 Guard has access to the most advanced technology necessary

2 to perform its missions effectively: Provided further, That

3 the Commandant may seek an independent entity to con4 duct such a study: Provided further, That none of the funds

5 provided by this Act shall be available for expenses incurred

6 for yacht documentation under section 12109 of title 46,

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

8 from yacht owners and credited to this appropriation: Pro9 vided further, That notwithstanding section 1116(c) of title

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

11 heading may be used to make payments into the Depart12 ment of Defense Medicare-Eligible Retiree Health Care

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

14 title.

15 In addition, of the funds appropriated under this

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

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

18 ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

20 environmental compliance and restoration functions under

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

22 remain available until expended.

23 RESERVE TRAINING

24 For all necessary expenses of the Coast Guard Reserve,

25 as authorized by law; maintenance and operation of facili26 ties; and supplies, equipment, and services, $95,000,000.
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1 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

2 For necessary expenses of acquisition, construction,

3 renovation, and improvement of aids to navigation, shore

4 facilities, vessels, and aircraft, including equipment related

5 thereto; maintenance, rehabilitation, lease and operation of

6 facilities and equipment, as authorized by law,

7 $1,035,000,000, of which $23,500,000 shall be derived from

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

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

10 vessels, small boats, and related equipment, to remain avail11 able until expended; of which $178,500,000 shall be avail12 able for other equipment, including $3,500,000 for defense

13 message system implementation and $1,000,000 for oil spill

14 prevention efforts under the Ports and Waterways Safety

15 Systems (PAWSS) program, to remain available until ex16 pended; of which $70,000,000 shall be available for per17 sonnel compensation and benefits and related costs; of which

18 $702,000,000 shall be available for the Integrated Deep19 water Systems program, to remain available until ex20 pended; and of which $18,000,000 shall be available for al21 teration or removal of obstructive bridges, to remain avail22 able until expended: Provided, That the Commandant of the

23 Coast Guard is authorized to dispose of surplus real prop24 erty, by sale or lease, and the proceeds shall be credited to

25 this appropriation as offsetting collections and shall be
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1 available only for Rescue 21 and shall remain available

2 until expended: Provided further, That funds for bridge al3 teration projects conducted pursuant to the Act of June 21,

4 1940 (33 U.S.C. 511 et seq.) shall be available for such

5 projects only to the extent that the steel, iron, and manufac6 tured products used in such projects are produced in the

7 United States, unless contrary to law or international

8 agreement, or unless the Commandant of the Coast Guard

9 determines such action to be inconsistent with the public

10 interest or the cost unreasonable.

11 RETIRED PAY

12 For retired pay, including the payment of obligations

13 therefor otherwise chargeable to lapsed appropriations for

14 this purpose, payments under the Retired Serviceman’s

15 Family Protection and Survivor Benefits Plans, payment

16 for career status bonuses under the National Defense Au17 thorization Act, and for payments for medical care of re18 tired personnel and their dependents under chapter 55 of

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

20 UNITED STATES SECRET SERVICE

21 SALARIES AND EXPENSES

22 For necessary expenses of the United States Secret

23 Service, including purchase of not to exceed 730 vehicles

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

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

26 American-made sidecar compatible motorcycles; hire of air-
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1 craft; services of expert witnesses at such rates as may be

2 determined by the Director; rental of buildings in the Dis3 trict of Columbia, and fencing, lighting, guard booths, and

4 other facilities on private or other property not in Govern5 ment ownership or control, as may be necessary to perform

6 protective functions; for payment of per diem or subsistence

7 allowances to employees where a protective assignment dur8 ing the actual day or days of the visit of a protectee require

9 an employee to work 16 hours per day or to remain over10 night at his or her post of duty; the conducting of and par11 ticipating in firearms matches; presentation of awards; for

12 travel of Secret Service employees on protective missions

13 without regard to the limitations on such expenditures in

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

15 from the Committees on Appropriations of the Senate and

16 the House of Representatives; for research and development;

17 for making grants to conduct behavioral research in support

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

19 to provide technical assistance and equipment to foreign

20 law enforcement organizations in counterfeit investigations;

21 for payment in advance for commercial accommodations as

22 may be necessary to perform protective functions;

23 $1,114,737,000, of which $1,633,000 shall be available for

24 forensic and related support of investigations of missing

25 and exploited children; and of which $5,000,000 shall be
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1 available as a grant for activities related to the investiga2 tions of exploited children and shall remain available until

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

4 protective travel shall remain available until September 30,

5 2005: Provided further, That in fiscal year 2004 and there6 after, the James J. Rowley Training Center is authorized

7 to provide short-term medical services for students under8 going training at the Center.

9 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

10 RELATED EXPENSES

11 For necessary expenses of construction, repair, alter12 ation, and improvement of facilities, $3,579,000, to remain

13 available until expended.

14 TITLE IV—ASSESSMENTS, PREPAREDNESS, AND

15 RECOVERY

16 COUNTERTERRORISM FUND

17 For necessary expenses, as determined by the Secretary

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

19 until expended, to reimburse any Department of Homeland

20 Security organization for the costs of providing support to

21 counter, investigate, or prosecute unexpected threats or acts

22 of terrorism, including payment of rewards in connection

23 with these activities: Provided, That any funds provided

24 under this heading shall be available only after the Sec25 retary notifies the Committees on Appropriations of the
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1 Senate and the House of Representatives in accordance with

2 section 605 of this Act.

3 FEDERAL LAW ENFORCEMENT TRAINING CENTER

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Law Enforce6 ment Training Center, including materials and support

7 costs of Federal law enforcement basic training; purchase

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

9 of passenger motor vehicles; for expenses for student athletic

10 and related activities; the conducting of and participating

11 in firearms matches and presentation of awards; for public

12 awareness and enhancing community support of law en13 forcement training; room and board for student interns;

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

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

16 materials and support costs of Federal law enforcement

17 basic training shall remain available until September 30,

18 2005: Provided, That in fiscal year 2004 and thereafter,

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

20 both real and personal, and to accept services, for author21 ized purposes: Provided further, That in fiscal year 2004

22 and thereafter, the Center is authorized to accept detailees

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

24 to staff the accreditation function: Provided further, That

25 notwithstanding any other provision of law, in fiscal year
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1 2004 and thereafter, students attending training at any

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

3 housing, insofar as available and in accordance with Center

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

5 thereafter, funds appropriated in this account shall be

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

7 training United States Postal Service law enforcement per8 sonnel and Postal police officers; State and local govern9 ment law enforcement training on a space-available basis;

10 training of foreign law enforcement officials on a space11 available basis with reimbursement of actual costs to this

12 appropriation, except that reimbursement may be waived

13 by the Secretary for law enforcement training activities in

14 foreign countries undertaken under section 801 of the

15 Antiterrorism and Effective Death Penalty Act of 1996

16 (Public Law 104–32); training of private sector security of17 ficials on a space-available basis with reimbursement of ac18 tual costs to this appropriation; and travel expenses of non19 Federal personnel to attend course development meetings

20 and training sponsored by the Center: Provided further,

21 That in fiscal year 2004 and thereafter, the Center is au22 thorized to obligate funds in anticipation of reimbursements

23 from agencies receiving training sponsored by the Center,

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

25 shall not exceed total budgetary resources available at the
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1 end of the fiscal year: Provided further, That in fiscal year

2 2004 and thereafter, the Center is authorized to provide

3 short-term medical services for students undergoing train4 ing at the Center.

5 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

6 RELATED EXPENSES

7 For expansion of the Federal Law Enforcement Train8 ing Center, for acquisition of necessary additional real

9 property and facilities, and for ongoing maintenance, facil10 ity improvements, and related expenses, $28,708,000, to re11 main available until expended.

12 OFFICE FOR DOMESTIC PREPAREDNESS

13 STATE AND LOCAL PROGRAMS

14 For grants, contracts, cooperative agreements, and

15 other activities, including grants to State and local govern16 ments for terrorism prevention activities, notwithstanding

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

18 allocated as follows:

19 (1) $1,750,000,000 for grants pursuant to section

20 1014 of the USA PATRIOT Act of 2001 (42 U.S.C.

21 3711), of which $500,000,000 shall be available for

22 State and local law enforcement terrorism prevention

23 grants: Provided, That no funds shall be made avail24 able to any State prior to the submission of an up25 dated state plan to the Office for Domestic Prepared26 ness: Provided further, That the application for
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1 grants shall be made available to States within 15

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

3 submit applications within 30 days after the grant

4 announcement; and that the Office for Domestic Pre5 paredness shall act on each application within 15

6 days after receipt: Provided further, That each State

7 shall obligate not less than 80 percent of the total

8 amount of the grant to local governments within 45

9 days after the grant award;

10 (2) $30,000,000 for technical assistance;

11 (3) $750,000,000 for discretionary grants for use

12 in high-threat urban areas, as determined by the Sec13 retary of Homeland Security: Provided, That no less

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

15 available by the State to local governments within 45

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

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

18 2001 (42 U.S.C. 3711) shall not apply to these grants;

19 and

20 (4) $358,000,000 for national programs:

21 Provided, That none of the funds appropriated under this

22 heading shall be used for the construction or renovation of

23 facilities: Provided further, That funds appropriated for

24 State and local law enforcement terrorism prevention

25 grants under paragraph (1) and discretionary grants under
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1 paragraph (3) of this heading shall be available for oper2 ational costs, to include personnel overtime and overtime

3 associated with Office for Domestic Preparedness certified

4 training as needed: Provided further, That the Secretary

5 of Homeland Security shall notify the Committees on Ap6 propriations of the Senate and House of Representatives 15

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

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

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

10 Office of Domestic Preparedness shall submit to the Com11 mittees on Appropriations of the Senate and House of Rep12 resentatives a report detailing efforts to assess and dissemi13 nate best practices to emergency responders which, at a

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

15 information with State and local officials and emergency

16 preparedness organizations; and (2) steps the Department

17 proposes to improve the coordination and sharing of such

18 information, if any.

19 FIREFIGHTER ASSISTANCE GRANTS

20 For necessary expenses for programs authorized by sec21 tion 33 of the Federal Fire Prevention and Control Act of

22 1974 (15 U.S.C. 2201 et seq.), $750,000,000, to remain

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

24 5 percent of this amount shall be available for program ad25 ministration.
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1 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

2 PREPAREDNESS AND RESPONSE

3 For necessary expenses for the Office of the Under Sec4 retary for Emergency Preparedness and Response as au5 thorized by section 502 of the Homeland Security Act of

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

7 EMERGENCY PREPAREDNESS AND RESPONSE

8 OPERATING EXPENSES

9 (INCLUDING RESCISSION OF FUNDS)

10 For necessary expenses of the Emergency Preparedness

11 and Response Directorate, $826,801,000, to remain avail12 able until expended, including activities authorized by the

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

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

15 4001 et seq.), the Robert T. Stafford Disaster Relief and

16 Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Fed17 eral Fire Prevention and Control Act of 1974 (15 U.S.C.

18 2201 et seq.), the Earthquake Hazards Reduction Act of

19 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act

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

21 303 of the National Security Act of 1947 (50 U.S.C. 404,

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

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

24 101 et seq.): Provided, That of the amount provided under

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

26 to Preparedness, Mitigation, Response and Recovery;
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1 $434,000,000 shall be for Public Health Programs, includ2 ing the Disaster Medical Assistance Teams and the Stra3 tegic National Stockpile; $165,214,000 shall be for Adminis4 trative and Regional Operations; and $64,587,000 shall be

5 for Urban Search and Rescue Teams.

6 In addition, of the funds appropriated under this

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

8 are hereby rescinded.

9 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

10 The aggregate charges assessed during fiscal year 2004,

11 as authorized by the Energy and Water Development Ap12 propriations Act, 2001 (Public Law 106–377; 114 Stat.

13 114A–46), shall not be less than 100 percent of the amounts

14 anticipated by the Department of Homeland Security nec15 essary for its radiological emergency preparedness program

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

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

18 costs of providing such services, including administrative

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

20 shall be deposited in this account as offsetting collections

21 and will become available for authorized purposes on Octo22 ber 1, 2004, and remain available until expended.

23 DISASTER RELIEF

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses in carrying out the Robert T.

26 Stafford Disaster Relief and Emergency Assistance Act (42
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1 U.S.C. 5121 et seq.), $1,956,000,000, notwithstanding the

2 matter under the heading ‘‘Disaster Relief’’ under the head3 ing ‘‘Federal Emergency Management Agency’’ of chapter

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

5 remain available until expended; of which not to exceed

6 $22,000,000 shall be transferred to and merged with the ap7 propriation for ‘‘Office of the Inspector General’’ for audits

8 and investigations: Provided, That the Under Secretary for

9 Emergency Preparedness and Response may provide ad10 vanced funding to authorize nonprofit entities performing

11 duties under the Robert T. Stafford Disaster Relief and

12 Emergency Assistance Act (42 U.S.C. 5131 et seq.) who re13 spond to a disaster declared by the President if the non14 profit entity petitions the Under Secretary for such ad15 vanced funding and demonstrates that they would be unable

16 to respond to the disaster absent such funding.

17 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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

19 Robert T. Stafford Disaster Relief and Emergency Assist20 ance Act (42 U.S.C. 5162): Provided, That gross obligations

21 for the principal amount of direct loans not to exceed

22 $25,000,000: Provided further, That the cost of modifying

23 such loans shall be as defined in section 502 of the Congres24 sional Budget Act of 1974 (2 U.S.C. 661a). In addition,

25 for administrative expenses to carry out the direct loan pro26 gram, $557,000.
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1 NATIONAL PRE-DISASTER MITIGATION FUND

2 For a pre-disaster mitigation grant program pursuant

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

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

5 $150,000,000, to remain available until expended: Pro6 vided, That grants made for pre-disaster mitigation shall

7 be awarded on a competitive basis subject to the criteria

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

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

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

11 U.S.C. 5133(f)), grant awards shall be made without ref12 erence to State allocations, quotas, or other formula-based

13 allocation of funds: Provided further, That total adminis14 trative costs shall not exceed 3 percent of the total appro15 priation.

16 FLOOD MAP MODERNIZATION FUND

17 For necessary expenses pursuant to section 1360 of the

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

19 $200,000,000, and such additional sums as may be pro20 vided by State and local governments or other political sub21 divisions for cost-shared mapping activities under section

22 1360(f)(2) of such Act, to remain available until expended:

23 Provided, That total administrative costs shall not exceed

24 3 percent of the total appropriation.
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1 NATIONAL FLOOD INSURANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities under the National Flood Insurance Act

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

5 Protection Act of 1973 (42 U.S.C. 4001 et seq.), not to ex6 ceed $32,663,000 for salaries and expenses associated with

7 flood mitigation and flood insurance operations; and not

8 to exceed $77,809,000 for flood hazard mitigation, to re9 main available until September 30, 2005, including up to

10 $20,000,000 for expenses under section 1366 of the National

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

12 amount shall be available for transfer to the National Flood

13 Mitigation Fund until September 30, 2005, and which

14 amounts shall be derived from offsetting collections assessed

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

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

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

18 2004, no funds in excess of: (1) $55,000,000 for operating

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

20 taxes; and (3) $40,000,000 for interest on Treasury bor21 rowings shall be available from the National Flood Insur22 ance Fund.

23 NATIONAL FLOOD MITIGATION FUND

24 (INCLUDING TRANSFER OF FUNDS)

25 Notwithstanding subparagraphs (B) and (C) of sub26 section (b)(3), and subsection (f) of section 1366 of the Na-
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1 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c),

2 $20,000,000, to remain available until September 30, 2005,

3 for activities designed to reduce the risk of flood damage

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

5 shall be derived from the National Flood Insurance Fund.

6 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

7 For necessary expenses for emergency management

8 performance grants, as authorized by the National Flood

9 Insurance Act of 1968 and the Flood Disaster Protection

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

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

12 5121 et seq.), the Earthquake Hazards Reductions Act of

13 1977 (42 U.S.C. 7701 et seq.), and the Reorganization Plan

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

15 EMERGENCY FOOD AND SHELTER

16 To carry out an emergency food and shelter program

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

18 11331 et seq.), $153,000,000, to remain available until ex19 pended: Provided, That total administrative costs shall not

20 exceed 3.5 percent of the total appropriation.

21 CERRO GRANDE FIRE CLAIMS

22 For payment of claims under the Cerro Grande Fire

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

24 $38,062,000, to remain available until expended: Provided,

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

26 for administrative costs.
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1 OFFICE OF THE UNDER SECRETARY FOR INFORMATION

2 ANALYSIS AND INFRASTRUCTURE PROTECTION

3 For necessary expenses of the Office of the Under Sec4 retary for Information Analysis and Infrastructure Protec5 tion as authorized by section 201 of the Homeland Security

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

7 $5,442,000 shall be for operations of the Department of

8 Homeland Security Command Center: Provided, That no

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

10 Secretary of Infrastructure Analysis and Infrastructure

11 Protection shall submit a report to the Committees on Ap12 propriations of the Senate and House of Representatives on

13 the vulnerability of the 250 largest sports and entertain14 ment facilities (based on seating capacity).

15 INFORMATION ANALYSIS AND INFRASTRUCTURE

16 PROTECTION, OPERATING EXPENSES

17 For necessary expenses for information analysis and

18 infrastructure protection as authorized by section 201 of the

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

20 $823,700,000, to remain available until September 30,

21 2005.
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1 TITLE V—RESEARCH AND DEVELOPMENT

2 OFFICE OF THE UNDER SECRETARY FOR SCIENCE AND

3 TECHNOLOGY

4 For necessary expenses of the Office of the Under Sec5 retary for Science and Technology as authorized by section

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

7 $5,400,000.

8 SCIENCE AND TECHNOLOGY, RESEARCH, DEVELOPMENT,

9 ACQUISITION AND OPERATIONS

10 For necessary expenses for science and technology re11 search, development, acquisition, and operations, as author12 ized by sections 302, 307, and 308 of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 182, 187, 188), $866,000,000,

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

15 is for university-based centers for homeland security as au16 thorized by section 308(b)(2) of the Homeland Security Act

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

18 provided for the centralized Federal technology clearing19 house as authorized by section 313 of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 193): Provided, That of the total

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

22 construction of the National Biodefense Analysis and Coun23 termeasures Center: Provided further, That the Under Sec24 retary for Science and Technology shall work with the Coast

25 Guard Research and Development Center regarding re-
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1 search priorities for the Coast Guard: Provided further,

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

3 of this appropriation funds received from State and local

4 governments, other public authorities, private sources, and

5 foreign countries, for expenses incurred for research, devel6 opment, testing, and evaluation.

7 TITLE VI—GENERAL PROVISIONS

8 (INCLUDING TRANSFERS OF FUNDS)

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

10 this Act shall remain available for obligation beyond the

11 current fiscal year unless expressly so provided herein.

12 SEC. 602. The Federal Emergency Management Agen13 cy ‘‘Working Capital Fund’’ shall be available to the De14 partment of Homeland Security, as authorized by sections

15 503 and 1517 of the Homeland Security Act of 2002 (6

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

17 for maintenance and operations of such administrative

18 services as the Secretary determines may be performed more

19 advantageously as central services: Provided, That such

20 fund shall hereafter be known as the ‘‘Department of Home21 land Security Working Capital Fund’’.

22 SEC. 603. The Federal Emergency Management Agen23 cy ‘‘Bequests and Gifts’’ account shall be available to the

24 Department of Homeland Security, as authorized by sec25 tions 503 and 1517 of the Homeland Security Act of 2002
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1 (6 U.S.C. 313 and 557), for the Secretary of Homeland Se2 curity to accept, hold, administer and utilize gifts and be3 quests, including property, to facilitate the work of the De4 partment of Homeland Security: Provided, That such fund

5 shall hereafter be known as ‘‘Department of Homeland Se6 curity, Gifts and Donations’’: Provided further, That any

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

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

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

10 Security may be detailed or assigned from an agency, bu11 reau, or office funded by this Act to any other agency, bu12 reau, or office of the Department for more than 30 days

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

14 reimbursed by the receiving agency or office for the salary

15 and expenses of the employee for the period of assignment

16 unless expressly so provided herein.

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

18 or provided by previous appropriations Acts to the agencies

19 in or transferred to the Department of Homeland Security

20 that remain available for obligation or expenditure in fiscal

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

22 of the United States derived by the collection of fees avail23 able to the agencies funded by this Act shall be available

24 for obligation or expenditure through a reprogramming of

25 funds which: (1) creates a new program; (2) eliminates a
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1 program, project, or activity; (3) increases funds for any

2 program, project, or activity for which funds have been de3 nied or restricted by Congress; or (4) proposes to use funds

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

5 Committees on Appropriations for a different purpose, un6 less the Committees on Appropriations of the Senate and

7 the House of Representatives are notified 15 days in ad8 vance of such reprogramming of funds.

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

10 by previous appropriations Acts to the agencies in or trans11 ferred to the Department of Homeland Security that remain

12 available for obligation or expenditure in fiscal year 2004,

13 or provided from any accounts in the Treasury of the

14 United States derived by the collection of fees available to

15 the agencies funded by this Act, shall be available for obliga16 tion or expenditure for programs, projects, or activities

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

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

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

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

21 numbers of personnel by 10 percent as approved by Con22 gress; or (3) results from any general savings from a reduc23 tion in personnel which would result in a change in existing

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

25 unless the Committees on Appropriations of the Senate and
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1 the House of Representatives are notified 15 days in ad2 vance of such reprogramming of funds.

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

4 available for the current fiscal year to the Department of

5 Homeland Security by this Act or provided by previous ap6 propriations Acts may be transferred between such appro7 priations, but no such appropriation, except otherwise spe8 cifically provided, shall be increased by more than 10 per9 cent by any such transfers: Provided, That any transfer

10 under this section shall be treated as a reprogramming of

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

12 available for obligation unless the Committees on Appro13 priations of the Senate and the House of Representatives

14 are notified 15 days in advance of such transfer.

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

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

17 used for official reception and representation expenses when

18 specifically approved by the Secretary.

19 SEC. 607. Funds made available by this Act for intel20 ligence activities are deemed to be specifically authorized

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

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

23 2004 until the date of enactment of an Act authorizing in24 telligence activities for fiscal year 2004.
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1 SEC. 608. The Federal Law Enforcement Training

2 Center is directed to establish an accrediting body that will

3 include representatives from the Federal law enforcement

4 community, as well as non-Federal accreditation experts

5 involved in law enforcement training. The purpose of this

6 body will be to establish standards for measuring and as7 sessing the quality and effectiveness of Federal law enforce8 ment training programs, facilities, and instructors.

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

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

11 the production of customs declarations that do not inquire

12 whether the passenger had been in the proximity of live13 stock.

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

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

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

17 employee where funding an activity or paying a salary to

18 a Government employee would result in a determination,

19 regulation, or policy that would prohibit the enforcement

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

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

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

23 allow—

24 (1) the importation into the United States of

25 any good, ware, article, or merchandise mined, pro-
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1 duced, or manufactured by forced or indentured child

2 labor, as determined under section 307 of the Tariff

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

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

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

6 in effect a detention order under such section 307 on

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

8 may have been mined, produced, or manufactured by

9 forced or indentured child labor.

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

11 used for purchase of insurance for official motor vehicles

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

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

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

15 use of passenger vehicles may be made without regard to

16 the general purchase price limitation for the current fiscal

17 year.

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

19 used for uniforms without regard to the general purchase

20 price limitation for the current fiscal year.

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

22 Act shall be used to pay the salaries and expenses of per23 sonnel to adopt guidelines or regulations requiring airport

24 sponsors to provide to the Transportation Security Admin25 istration without cost building construction, maintenance,
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1 utilities and expenses, or space in airport sponsor-owned

2 buildings for services relating to aviation security: Pro3 vided, That the prohibition of funds in this section does not

4 apply to negotiations between the agency and airport spon5 sors to achieve agreement on ‘‘below-market’’ rates for these

6 items or to grant assurances that require airport sponsors

7 to provide land without cost to the Transportation Security

8 Administration for necessary security checkpoints.

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

10 previous appropriations Acts may be obligated for testing

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

12 the Computer Assisted Passenger Prescreening System

13 (CAPPS II) that the Transportation Security Administra14 tion (TSA) plans to utilize to screen aviation passengers,

15 until the General Accounting Office has reported to the

16 Committees on Appropriations of the Senate and the House

17 of Representatives that—

18 (1) a system of due process exists whereby avia19 tion passengers determined to pose a threat and either

20 delayed or prohibited from boarding their scheduled

21 flights by the TSA may appeal such decision and cor22 rect erroneous information contained in CAPPS II;

23 (2) the underlying error rate of the government

24 and private data bases that will be used both to estab25 lish identity and assign a risk level to a passenger
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1 will not produce a large number of false positives that

2 will result in a significant number of passengers

3 being treated mistakenly or security resources being

4 diverted;

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

6 the efficacy and accuracy of all search tools in

7 CAPPS II and has demonstrated that CAPPS II can

8 make an accurate predictive assessment of those pas9 sengers who may constitute a threat to aviation;

10 (4) the Secretary of Homeland Security has es11 tablished an internal oversight board to monitor the

12 manner in which CAPPS II is being developed and

13 prepared;

14 (5) the TSA has built in sufficient operational

15 safeguards to reduce the opportunities for abuse;

16 (6) substantial security measures are in place to

17 protect CAPPS II from unauthorized access by hack18 ers or other intruders;

19 (7) the TSA has adopted policies establishing ef20 fective oversight of the use and operation of the sys21 tem; and

22 (8) there are no specific privacy concerns with

23 the technological architecture of the system.

24 (b) The General Accounting Office shall submit the re25 port required under paragraph (a) of this section no later
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1 than 60 days after the Secretary of Homeland Security has

2 published in the Federal Register the Department’s privacy

3 notice for CAPPS II or no later than 60 days after enact4 ment of this Act, whichever is later.

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

6 of Homeland Security shall submit to Congress a report

7 that—

8 (1) details the progress made in developing coun9 termeasures for commercial aircraft against shoulder10 fired missile systems, including cost and time sched11 ules for developing and deploying such counter12 measures; and

13 (2) in classified form and in conjunction with

14 airports in category X and category one, an assess15 ment of the vulnerability of such airports from the

16 threat of shoulder-fired missile systems and the in17 terim measures being taken to address the threat.

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

19 of Homeland Security shall issue a classified report to Con20 gress on the security costs incurred by State and local gov21 ernment law enforcement personnel in each State in com22 plying with requests and requirements of the United States

23 Secret Service to provide protective services and transpor24 tation for foreign and domestic officials.
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1 SEC. 618. None of the funds appropriated or otherwise

2 made available by this Act may be obligated or expended

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

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

5 et seq.).

6 SEC. 619. Not later than 90 days after the date of en7 actment of this Act, the Secretary of Homeland Security

8 shall submit a report in unclassified form to Congress on

9 the Homeland Security Advisory System, which shall

10 include—

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

12 its missions to—

13 (A) provide a national framework for Fed14 eral, State, and local governments, private in15 dustry and the public to gauge threat levels;

16 (B) establish the integration of factors for

17 assignment of threat conditions;

18 (C) unify the system of public announce19 ments, allowing government officials and citizens

20 to communicate the nature and degree of ter21 rorist threats; and

22 (D) provide a tool for combating terrorism

23 by deterring terrorist activity, notifying law en24 forcement and State and local government offi25 cials of threats, informing the public about gov-
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1 ernment preparations, and providing such offi2 cials and the public with information necessary

3 to respond to the threat;

4 (2) the average daily cost of elevating the Home5 land Security Advisory System by 1 threat level;

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

7 Department of Homeland Security of the responses to

8 each of the suggested protective measures to be taken

9 at each threat level; and

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

11 of Homeland Security to refine the Homeland Secu12 rity Advisory System, and the progress of tailoring

13 the system so that threat alerts are issued on a re14 gional basis rather than nationally.

15 SEC. 620. (a) Congress finds that—

16 (1) emergency responders are the first line of de17 fense in protecting our Nation against terrorist at18 tacks;

19 (2) the Department of Homeland Security uses

20 population as a factor when allocating grant funding

21 to States and local governments for emergency re22 sponders;

23 (3) population plays an important role in both

24 formula and discretionary grants, which are adminis25 tered by the Department of Homeland Security;
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1 (4) the number of people in a city or State often

2 differs from estimates by the Census Bureau;

3 (5) large groups of tourists regularly visit many

4 American cities and States, but are not included in

5 the resident population of these cities and States; and

6 (6) the monetary needs of emergency responders

7 are directly related to the amount of people they are

8 responsible to protect.

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

10 Homeland Security should take into account tourist popu11 lation as a factor when determining resource needs and po12 tential vulnerabilities for the purpose of allocating funds

13 for discretionary and formula grants.

14 SEC. 621. Not later than 30 days after the date of en15 actment of this Act, the Under Secretary for Emergency

16 Preparedness and Response shall—

17 (1) review the damage survey reports and project

18 worksheets relating to the damages and costs incurred

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

20 April 1997 flooding in North Dakota, which is classi21 fied by Emergency Preparedness and Response as

22 DR–1174–ND; and

23 (2) submit a report on the efforts of the Direc24 torate of Emergency Preparedness and Response to re25 solve any outstanding claims by the University of
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1 North Dakota relating to the reports described in

2 paragraph (1) to the Committees on Appropriations

3 of the Senate and House of Representatives.

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

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

6 in consultation with the Secretary of State and the Attorney

7 General, shall report to the Committees on Appropriations

8 of the Senate and the House of Representatives on the feasi9 bility of providing access to State and local law enforcement

10 agencies to the database of the Department of State on po11 tential terrorists known as the ‘‘Tipoff’’ database, including

12 the process by which classified information shall be secured

13 from unauthorized disclosure.

14 SEC. 623. Not later than 60 days after the date of en15 actment of this Act, the Secretary of Homeland Security,

16 in collaboration with the Director of the Office of Manage17 ment and Budget, shall submit a report to the Committee

18 on Appropriations of the Senate, the Committee on Appro19 priations of the House of Representatives, the Committee

20 on Governmental Affairs of the Senate, the Committee on

21 Government Reform of the House of Representatives, and

22 the Select Committee on Homeland Security of the House

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

24 to—
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HR 2555 EAS

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

2 entire information technology infrastructure;

3 (2) devise and deploy a secure comprehensive en4 terprise architecture that—

5 (A) promotes interoperability of homeland

6 security information systems, including commu7 nications systems, for agencies within and out8 side the Department;

9 (B) avoids unnecessary duplication; and

10 (C) aids rapid and appropriate information

11 exchange, retrieval, and collaboration at all lev12 els of government;

13 (3) consolidate multiple overlapping and incon14 sistent terrorist watch lists, reconcile different policies

15 and procedures governing whether and how terrorist

16 watch list data are shared with other agencies and or17 ganizations, and resolve fundamental differences in

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

19 as to achieve consistency and expeditious access to ac20 curate, complete, and current information;

21 (4) ensure that the Department’s enterprise ar22 chitecture and the information systems leveraged, de23 veloped, managed, and acquired under such enterprise

24 architecture are capable of rapid deployment, limit

25 data access only to authorized users in a highly se-
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1 cure environment, and are capable of continuous sys2 tem upgrades to benefit from advances in technology

3 while preserving the integrity of stored data; and

4 (5) align common information technology invest5 ments within the Department and between the De6 partment and other Federal, State, and local agencies

7 responsible for homeland security to minimize incon8 sistent and duplicate acquisitions and expenditures.

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

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

11 Act by the Department of Homeland Security with—

12 (1) an inverted domestic corporation (as defined

13 in section 835 of the Homeland Security Act of 2002

14 (Public Law 107–296; 6 U.S.C. 395)),

15 (2) any corporation which completed a plan (or

16 series of transactions) described in such section before,

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

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

19 395), or

20 (3) any subsidiary of a corporation described in

21 paragraph (1) or (2).

22 SEC. 625. It is the sense of the Senate that the Depart23 ment of Homeland Security’s Undersecretary for Science

24 and Technology should take all appropriate steps to ensure

25 the active participation of historically black colleges and
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HR 2555 EAS

1 universities, tribal colleges, Hispanic-serving institutions,

2 and Alaskan Native serving institutions in Department

3 sponsored university research.

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

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

6 the Committees on Appropriations of the Senate and the

7 House of Representatives a plan for enhancements of the

8 operations of the Information Analysis and Infrastructure

9 Protection Directorate in order to—

10 (1) meet the personnel requirements of the Direc11 torate;

12 (2) improve communications between the Direc13 torate and the intelligence community; and

14 (3) improve coordination between the Directorate

15 and State and local counterterrorism and law en16 forcement officials.

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

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

19 and capabilities of the Information Analysis and Infra20 structure Protection Directorate, a strategy for the Direc21 torate for the coordination and dissemination of intelligence

22 and other information, and a schedule for the implementa23 tion of the plan required under subsection (a).

24 SEC. 627. Not later than 90 days after the date of en25 actment of this Act, the Comptroller General shall conduct
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HR 2555 EAS

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

2 programs relating to law enforcement and terrorism cur3 rently under development and in use in the Department

4 of Homeland Security.

5 SEC. 628. When establishing priorities for firefighting

6 vehicles in the Firefighter Assistance Grants program, the

7 Secretary shall take into consideration the unique geo8 graphical needs of individual fire departments.

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

10 enactment of this Act, the Secretary of Homeland Security

11 shall conduct a study and submit a report with rec12 ommendations to the Committee on Appropriations of the

13 House of Representatives and the Committee on Appropria14 tions of the Senate regarding the status of the air traffic

15 control communications voids and gaps in tethered aerostat

16 coverage around the United States, such as those existing

17 in the central Gulf of Mexico.

18 This Act may be cited as the ‘‘Department of Home19 land Security Appropriations Act, 2004’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2555

AMENDMENT