In the Senate of the United States,
July 24 (legislative day, July 21), 2003.
Resolved, That the bill from the House of Representa-
tives (H.R. 2555) entitled ‘‘An Act making appropriations for
the Department of Homeland Security for the fiscal year end-
ing September 30, 2004, and for other purposes.’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Homeland Security for the fiscal year
ending September 30, 2004, and for other purposes, namely:
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DEPARTMENT OF HOMELAND SECURITY
TITLE I—DEPARTMENTAL OPERATIONS,
MANAGEMENT, AND OVERSIGHT
OFFICE OF THE SECRETARY AND EXECUTIVE
MANAGEMENT
For necessary expenses of the Office of the Secretary
of Homeland Security as authorized by section 102 of the
Homeland Security Act of 2002 (6 U.S.C. 112) and execu-
tive management of the Department of Homeland Security,
as authorized by law, $83,653,000.
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
For necessary expenses of the Office of the Under Sec-
retary for Management and Administration, as authorized
by sections 701–704 of the Homeland Security Act of 2002
(6 U.S.C. 341–344), $167,521,000: Provided, That of the
total amount provided, $30,000,000 shall remain available
until expended solely for the alteration and improvement
of facilities and for relocation costs necessary for the in-
terim housing of the Department’s headquarters’ operations
and organizations collocated therewith.
DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS
For development and acquisition of information tech-
nology equipment, software, services, and related activities
for the Department of Homeland Security, and for the costs
of conversion to narrowband communications, including the
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cost for operation of the land mobile radio legacy systems,
$185,000,000, to remain available until expended.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.), $58,118,000; of which not
to exceed $100,000 may be used for certain confidential
operational expenses, including the payment of informants,
to be expended at the direction of the Inspector General.
TITLE II—SERVICES
CITIZENSHIP AND IMMIGRATION SERVICES
For necessary expenses for citizenship and immigra-
tion services, including international services, as trans-
ferred by and authorized by the Homeland Security Act of
2002 (6 U.S.C. 271, 272), $229,377,000.
TITLE III—SECURITY, ENFORCEMENT, AND
INVESTIGATIONS
OFFICE OF THE UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Under Sec-
retary for Border and Transportation Security, as author-
ized by Subtitle A, Title IV, of the Homeland Security Act
of 2002 (6 U.S.C. 201–203), $8,842,000.
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UNITED STATES VISITOR AND IMMIGRANT STATUS
INDICATOR TECHNOLOGY
For necessary expenses for the development of the
United States Visitor and Immigrant Status Indicator
Technology project, as authorized by section 110 of the Ille-
gal Immigration Reform and Immigration Responsibility
Act of 1996 (8 U.S.C. 1221 note), $380,000,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act for the United States Visitor and
Immigrant Status Indicator Technology project may be ob-
ligated until the Department of Homeland Security submits
a plan for expenditure that has been approved by the Com-
mittees on Appropriations of the Senate and the House of
Representatives.
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for border security, immigra-
tion, customs, and agricultural inspections and regulatory
activities related to plant and animal imports, acquisition,
lease, maintenance and operation of aircraft; purchase and
lease of up to 4,500 (3,935 for replacement only) police-
type vehicles; contracting with individuals for personal
services abroad; including not to exceed $1,000,000 to meet
unforeseen emergencies of a confidential nature, to be ex-
pended under the direction of, and to be accounted for solely
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under the certificate of, the Under Secretary for Border and
Transportation Security; as authorized by any Act enforced
by the Bureau of Customs and Border Protection,
$4,366,000,000, of which not to exceed $96,000,000 shall re-
main available until September 30, 2005, for inspection
technology; of which such sums as become available in the
Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived
from that account; of which not to exceed $150,000 shall
be available for payment for rental space in connection with
preclearance operations; of which not to exceed $5,000,000
shall be available for payments or advances arising out of
contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative
activities related to immigration: Provided, That none of
the funds appropriated shall be available to compensate any
employee for overtime in an annual amount in excess of
$30,000, except that the Under Secretary for Border and
Transportation Security may exceed that amount as nec-
essary for national security purposes and in cases of immi-
gration emergencies: Provided further, That of the total
amount provided for activities to enforce laws against
forced child labor in fiscal year 2004, not to exceed
$4,000,000 shall remain available until expended.
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In addition, for administrative expenses related to the
collection of the Harbor Maintenance Fee, pursuant to Pub-
lic Law 103–182, and notwithstanding section 1511 (e)(1)
of Public Law 107–296, $3,000,000 to be derived from the
Harbor Maintenance Trust Fund and to be transferred to
and merged with the appropriation for ‘‘Salaries and Ex-
penses’’ under this heading.
AUTOMATION MODERNIZATION
For expenses for Customs and Border Protection auto-
mated systems, $441,122,000, to remain available until ex-
pended, of which not less than $318,690,000 shall be for
the development of the Automated Commercial Environ-
ment: Provided, That none of the funds appropriated in this
Act for the Automated Commercial Environment may be
obligated until the Department of Homeland Security sub-
mits a plan for expenditure that has been approved by the
Committees on Appropriations of the Senate and the House
of Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for
the administration and enforcement of the laws relating to
customs and immigration, $90,363,000, to remain available
until expended.
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IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for enforcement of immigration
and customs laws, detention and removals, investigations;
purchase and lease of up to 1,600 (1,450 for replacement
only) police-type vehicles; including not to exceed
$1,000,000 to meet unforeseen emergencies of a confidential
nature, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Under Sec-
retary for Border and Transportation Security; as author-
ized by any Act enforced by the Bureau of Immigration
and Customs Enforcement, $2,180,000,000, of which not to
exceed $5,000,000 shall be available until expended for con-
ducting special operations pursuant to section 3131 of the
Customs Enforcement Act of 1986 (19 U.S.C. 2081), of
which not less than $40,000,000 shall be available until ex-
pended for information technology infrastructure, and of
which not to exceed $5,000,000 shall be available to fund
or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That in addition, $424,211,000
shall be transferred from the revenues and collections in the
General Services Administration, Federal Buildings Fund
for the Federal Protective Service: Provided further, That
none of the funds appropriated shall be available to com-
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pensate any employee for overtime in an annual amount
in excess of $30,000, except that the Under Secretary for
Border and Transportation Security may waive that
amount as necessary for national security purposes and in
cases of immigration emergencies: Provided further, That
of the total amount provided for activities to enforce laws
against forced child labor in fiscal year 2004, not to exceed
$1,000,000 shall remain available until expended: Provided
further, That not later than 180 days after the date of enact-
ment of this Act, the General Accounting Office shall trans-
mit to Congress a report on the implementation of the Stu-
dent and Exchange Visitor Information System (SEVIS),
including an assessment of the technical problems faced by
institutions of higher education using the system, the need
for the detailed information collected, and an analysis of
corrective action being taken by the Department to resolve
problems in SEVIS.
AIR AND MARINE INTERDICTION, OPERATIONS,
MAINTENANCE AND PROCUREMENT
For necessary expenses for the operation and mainte-
nance of marine vessels, aircraft, and other related equip-
ment of the Air and Marine Programs, including oper-
ational training and mission-related travel, and rental
payments for facilities occupied by the air or marine inter-
diction and demand reduction programs, the operations of
which include the following: the interdiction of narcotics
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and other goods; the provision of support to Federal, State,
and local agencies in the enforcement or administration of
laws enforced by the Bureau of Immigration and Customs
Enforcement; and at the discretion of the Director of the
Bureau of Immigration and Customs Enforcement, the pro-
vision of assistance to Federal, State, and local agencies in
other law enforcement and emergency humanitarian efforts,
$257,291,000, to remain available until expended.
CONSTRUCTION
For necessary expenses to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for
the administration and enforcement of the laws relating to
customs and immigration, $26,775,000, to remain available
until expended.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Secu-
rity Act (49 U.S.C. 40101 note), $4,523,900,000, to remain
available 
until 
September 
30, 
2005, 
of 
which
$3,185,000,000 shall be available for screening activities
and of which $1,338,900,000 shall be available for airport
support and enforcement presence: Provided, That security
service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation
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as offsetting collections and used for providing civil avia-
tion security services authorized by that section: Provided
further, That the sum under this heading appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal
year 2004 in order to result in a final fiscal year appro-
priation from the general fund estimated at not more than
$2,453,900,000: Provided further, That any security service
fees collected in excess of the amount appropriated under
this heading shall be treated as offsetting collections in fiscal
year 2005: Provided further, That of the total amount pro-
vided under this heading, $309,000,000 shall be available
for physical modification of commercial service airports for
the purpose of installing checked baggage explosive detection
systems, as authorized by section 367 of title III of Division
I of the Consolidated Appropriations Resolution, 2003 (49
U.S.C. 47110 note); and $150,500,000 shall be available for
procurement of checked baggage explosive detection systems,
including explosive trace detection systems, as authorized
by section 4490 of title 49, United States Code.
MARITIME AND LAND SECURITY
For necessary expenses of the Transportation Security
Administration related to maritime and land transpor-
tation security grants and services pursuant to the Aviation
and Transportation Security Act (49 U.S.C. 40101 note),
$295,000,000, to remain available until September 30,
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2005: Provided, That of the total amount provided under
this heading, $150,000,000 shall be available for port secu-
rity grants, which shall be distributed under the same terms
and conditions as provided for under Public Law 107–117;
and $30,000,000 shall be available to execute grants, con-
tracts, and interagency agreements for the purpose of de-
ploying Operation Safe Commerce.
INTELLIGENCE
For necessary expenses for intelligence activities pur-
suant to the Aviation and Transportation Security Act (49
U.S.C. 40101 note), $13,600,000, to remain available until
September 30, 2004.
RESEARCH AND DEVELOPMENT
For necessary expenses for research and development
related to transportation security, $130,200,000, to remain
available until expended: Provided, That of the total
amount provided under this heading, $45,000,000 shall be
available for the research and development of explosive de-
tection devices.
ADMINISTRATION
For necessary administrative expenses of the Trans-
portation Security Administration to carry out the Avia-
tion and Transportation Security Act (49 U.S.C. 40101
note), $433,200,000, to remain available until September
30, 2004.
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UNITED STATES COAST GUARD
OPERATING EXPENSES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for the operation and mainte-
nance of the Coast Guard not otherwise provided for; pur-
chase of not to exceed five passenger motor vehicles for re-
placement only; payments pursuant to section 156 of Public
Law 97–377 (42 U.S.C. 402 note); and section 229(b) of
the Social Security Act (42 U.S.C. 429(b)) and recreation
and welfare, $4,719,000,000, of which $340,000,000 shall
be available for defense-related activities; and of which
$25,000,000 shall be derived from the Oil Spill Liability
Trust Fund: Provided, That none of the funds appropriated
by this or any other Act shall be available for administra-
tive expenses in connection with shipping commissioners in
the United States: Provided further, That of the total
amount provided under this heading, funding to operate
and maintain the Coast Guard Research and Development
Center shall continue at the fiscal year 2003 level: Provided
further, That the Commandant of the Coast Guard shall
conduct a study, the cost of which is not to exceed $350,000,
to be submitted to the Committees on Appropriations of the
Senate and the House of Representatives, on the research
and development priorities of the Coast Guard and a design
for a new research and development organizational struc-
ture within the Coast Guard that ensures that the Coast
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Guard has access to the most advanced technology necessary
to perform its missions effectively: Provided further, That
the Commandant may seek an independent entity to con-
duct such a study: Provided further, That none of the funds
provided by this Act shall be available for expenses incurred
for yacht documentation under section 12109 of title 46,
United States Code, except to the extent fees are collected
from yacht owners and credited to this appropriation: Pro-
vided further, That notwithstanding section 1116(c) of title
10, United States Code, amounts made available under this
heading may be used to make payments into the Depart-
ment of Defense Medicare-Eligible Retiree Health Care
Fund for fiscal year 2004 under section 1116(a) of such
title.
In addition, of the funds appropriated under this
heading in chapter 6 of title I of Public Law 108–11 (117
Stat. 583), $71,000,000 are hereby rescinded.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the Coast Guard’s
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code, $17,000,000, to
remain available until expended.
RESERVE TRAINING
For all necessary expenses of the Coast Guard Reserve,
as authorized by law; maintenance and operation of facili-
ties; and supplies, equipment, and services, $95,000,000.
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ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; maintenance, rehabilitation, lease and operation of
facilities 
and 
equipment, 
as 
authorized 
by 
law,
$1,035,000,000, of which $23,500,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $66,500,000
shall be available to acquire, repair, renovate, or improve
vessels, small boats, and related equipment, to remain avail-
able until expended; of which $178,500,000 shall be avail-
able for other equipment, including $3,500,000 for defense
message system implementation and $1,000,000 for oil spill
prevention efforts under the Ports and Waterways Safety
Systems (PAWSS) program, to remain available until ex-
pended; of which $70,000,000 shall be available for per-
sonnel compensation and benefits and related costs; of which
$702,000,000 shall be available for the Integrated Deep-
water Systems program, to remain available until ex-
pended; and of which $18,000,000 shall be available for al-
teration or removal of obstructive bridges, to remain avail-
able until expended: Provided, That the Commandant of the
Coast Guard is authorized to dispose of surplus real prop-
erty, by sale or lease, and the proceeds shall be credited to
this appropriation as offsetting collections and shall be
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available only for Rescue 21 and shall remain available
until expended: Provided further, That funds for bridge al-
teration projects conducted pursuant to the Act of June 21,
1940 (33 U.S.C. 511 et seq.) shall be available for such
projects only to the extent that the steel, iron, and manufac-
tured products used in such projects are produced in the
United States, unless contrary to law or international
agreement, or unless the Commandant of the Coast Guard
determines such action to be inconsistent with the public
interest or the cost unreasonable.
RETIRED PAY
For retired pay, including the payment of obligations
therefor otherwise chargeable to lapsed appropriations for
this purpose, payments under the Retired Serviceman’s
Family Protection and Survivor Benefits Plans, payment
for career status bonuses under the National Defense Au-
thorization Act, and for payments for medical care of re-
tired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,020,000,000.
UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Secret
Service, including purchase of not to exceed 730 vehicles
for police-type use, of which 610 shall be for replacement
only, and hire of passenger motor vehicles; purchase of
American-made sidecar compatible motorcycles; hire of air-
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craft; services of expert witnesses at such rates as may be
determined by the Director; rental of buildings in the Dis-
trict of Columbia, and fencing, lighting, guard booths, and
other facilities on private or other property not in Govern-
ment ownership or control, as may be necessary to perform
protective functions; for payment of per diem or subsistence
allowances to employees where a protective assignment dur-
ing the actual day or days of the visit of a protectee require
an employee to work 16 hours per day or to remain over-
night at his or her post of duty; the conducting of and par-
ticipating in firearms matches; presentation of awards; for
travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in
this or any other Act if approval is obtained in advance
from the Committees on Appropriations of the Senate and
the House of Representatives; for research and development;
for making grants to conduct behavioral research in support
of protective research and operations; not to exceed $100,000
to provide technical assistance and equipment to foreign
law enforcement organizations in counterfeit investigations;
for payment in advance for commercial accommodations as
may be necessary to perform protective functions;
$1,114,737,000, of which $1,633,000 shall be available for
forensic and related support of investigations of missing
and exploited children; and of which $5,000,000 shall be
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available as a grant for activities related to the investiga-
tions of exploited children and shall remain available until
expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30,
2005: Provided further, That in fiscal year 2004 and there-
after, the James J. Rowley Training Center is authorized
to provide short-term medical services for students under-
going training at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND
RELATED EXPENSES
For necessary expenses of construction, repair, alter-
ation, and improvement of facilities, $3,579,000, to remain
available until expended.
TITLE IV—ASSESSMENTS, PREPAREDNESS, AND
RECOVERY
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Secretary
of Homeland Security, $20,000,000, to remain available
until expended, to reimburse any Department of Homeland
Security organization for the costs of providing support to
counter, investigate, or prosecute unexpected threats or acts
of terrorism, including payment of rewards in connection
with these activities: Provided, That any funds provided
under this heading shall be available only after the Sec-
retary notifies the Committees on Appropriations of the
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Senate and the House of Representatives in accordance with
section 605 of this Act.
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforce-
ment Training Center, including materials and support
costs of Federal law enforcement basic training; purchase
of not to exceed 117 vehicles for police-type use and hire
of passenger motor vehicles; for expenses for student athletic
and related activities; the conducting of and participating
in firearms matches and presentation of awards; for public
awareness and enhancing community support of law en-
forcement training; room and board for student interns;
and services as authorized by section 3109 of title 5, United
States Code, $172,736,000, of which up to $44,413,000 for
materials and support costs of Federal law enforcement
basic training shall remain available until September 30,
2005: Provided, That in fiscal year 2004 and thereafter,
the Center is authorized to accept and use gifts of property,
both real and personal, and to accept services, for author-
ized purposes: Provided further, That in fiscal year 2004
and thereafter, the Center is authorized to accept detailees
from other Federal agencies, on a non-reimbursable basis,
to staff the accreditation function: Provided further, That
notwithstanding any other provision of law, in fiscal year