108TH CONGRESS
1ST SESSION
H. R. 2555
AN ACT
Making appropriations for the Department of
Homeland Security for the fiscal year ending
September 30, 2004, and for other purposes.
108TH CONGRESS
1ST SESSION
H. R. 2555
AN ACT
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2004,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of Homeland Security for the fiscal year end-
ing September 30, 2004, and for other purposes, namely:
TITLE I—DEPARTMENTAL MANAGEMENT AND
OPERATIONS
DEPARTMENTAL ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for management and oper-
ations of the Department of Homeland Security
$221,493,000; of which not to exceed $78,975,000 shall
be for the Office of the Secretary and Executive Manage-
ment; of which not to exceed $116,139,000 shall be for
the Office of the Under Secretary for Management; of
which not to exceed $8,106,000 shall be for the Immediate
Office of the Under Secretary for Border and Transpor-
tation Security; of which not to exceed $10,044,000 shall
be for the Immediate Office of the Under Secretary for
Information Analysis and Infrastructure Protection and
the Command Center; of which not to exceed $3,293,000
shall be for the Immediate Office of the Under Secretary
for Emergency Preparedness and Response; and of which
not to exceed $4,936,000 shall be for the Immediate Office
of the Under Secretary for Science and Technology: Pro-
vided, That not to exceed $2,000,000 may be used for un-
foreseen emergencies of a confidential nature, to be allo-
cated and expended under the direction of the Secretary
of Homeland Security: Provided further, That not to ex-
ceed $40,000 shall be for allocation within the Department
for official reception and representation expenses as the
Secretary may determine.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Sec-
retary of Homeland Security, $20,000,000, to remain
available until expended, to reimburse any Federal agency
for the costs of providing support to counter, investigate,
or prosecute unexpected threats or acts of terrorism, in-
cluding payment of rewards in connection with these ac-
tivities: Provided, That the Secretary shall notify the Com-
mittees on Appropriations 15 days prior to the obligation
of any amount of these funds in accordance with section
503 of this Act.
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, in-
cluding the cost for operation of the Land Mobile Radio
legacy systems, $206,000,000, to remain available until
expended: Provided, That none of the funds appropriated
shall be used to support or supplement the appropriations
provided for the United States Visitor and Immigrant Sta-
tus Indicator Technology system and the Automated Com-
mercial Environment.
OFFICE OF THE INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978 (5 U.S.C. App.), $58,118,000; of
which not to exceed $1,000,000 may be used for unfore-
seen emergencies of a confidential nature, to be allocated
under the direction of the Inspector General of the De-
partment of Homeland Security: Provided, That in addi-
tion, $22,000,000 shall be derived by transfer from the
Emergency Preparedness and Response Disaster Relief
Fund.
TITLE II—BORDER AND TRANSPORTATION
SECURITY
CUSTOMS AND BORDER PROTECTION
BUREAU OF CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Bureau of Customs
and Border Protection for enforcement of laws relating to
border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports, including planning, construction, and nec-
essary related activities of buildings and facilities,
$4,584,600,000; of which not to exceed $25,000 shall be
for official reception and representation expenses; of which
not to exceed $129,000,000 to remain available until Sep-
tember 30, 2005, shall be for inspection technology; of
which such sums as become available in the Customs User
Fee Account, except sums subject to section 13021(f)(3)
of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that
account; and of which not to exceed $5,000,000 shall be
for payments or advances arising out of contractual or re-
imbursable agreements with State and local law enforce-
ment agencies while engaged in cooperative activities re-
lated to immigration: Provided, That none of the funds
available to the Directorate of Border and Transportation
Security may be used to pay any employee overtime pay
in an amount in excess of $30,000 during the calendar
year beginning January 1, 2004, except that the Commis-
sioner of Customs and Border Protection may exceed such
limitation as necessary for national security purposes and
in cases of immigration emergencies: Provided further,
That uniforms may be purchased without regard to the
general purchase price limitation for the current fiscal
year: Provided further, That no funds shall be available
for the site acquisition, design, or construction of any Bor-
der Patrol checkpoint in the Tucson sector: Provided fur-
ther, That the Border Patrol shall relocate its checkpoints
in the Tucson sector at least once every 7 days in a man-
ner designed to prevent persons subject to inspection from
predicting the location of any such checkpoint.
In addition, for administrative expenses related to the
collection of the Harbor Maintenance Fee, pursuant to
Public Law 103–182, and notwithstanding section
1511(e)(1) of Public Law 107–296, $3,000,000 to be de-
rived from the Harbor Maintenance Trust Fund and to
be transferred to and merged with this account.
AUTOMATION MODERNIZATION
For expenses not otherwise provided for Bureau of
Customs and Border Protection automated systems,
$493,727,000, to remain available until expended, of
which not less than $318,690,000 shall be for the develop-
ment of the Automated Commercial Environment: Pro-
vided, That none of the funds appropriated under this
heading may be obligated for the Automated Commercial
Environment until the Bureau of Customs and Border
Protection prepares and submits to the Committees on
Appropriations a plan for expenditure that: (1) meets the
capital planning and investment control review require-
ments established by the Office of Management and Budg-
et, including OMB Circular A–11, part 3; (2) complies
with the Bureau of Customs and Border Protection’s En-
terprise Information Systems Architecture; (3) complies
with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal
Government; (4) is reviewed and approved by the Bureau
of Customs and Border Protection Investment Review
Board, the Department of Homeland Security, and the Of-
fice of Management and Budget; and (5) is reviewed by
the General Accounting Office: Provided further, That
none of the funds appropriated under this heading may
be obligated for the Automated Commercial Environment
until such expenditure plan has been approved by the
Committees on Appropriations.
IMMIGRATION AND CUSTOMS ENFORCEMENT
BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Immigration
and Customs Enforcement for enforcement of immigration
and customs laws, detention and removals, investigations,
including planning, construction, and necessary related ac-
tivities of buildings and facilities, $2,030,000,000; of
which not to exceed $5,000,000, to remain available until
expended, shall be for conducting special operations pursu-
ant to Public Law 99–570 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not less than $100,000
shall be for promotion of public awareness of the child por-
nography tipline; and of which not less than $200,000
shall be for Project Alert: Provided, That none of the
funds available to the Bureau of Immigration and Cus-
toms Enforcement may be used to pay any employee over-
time pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2004, except that the
Assistant Secretary of the Bureau of Immigration and
Customs Enforcement may exceed such limitation as nec-
essary for national security purposes and in cases of immi-
gration emergencies: Provided further, That of the total
amount of funds made available for activities to enforce
laws against forced child labor in fiscal year 2004, not
to exceed $5,000,000 shall remain available until expended
for support of such activities: Provided further, That uni-
forms may be purchased without regard to the general
purchase price limitation for the current fiscal year.
FEDERAL PROTECTIVE SERVICE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary
for the operations of the Federal Protective Service,
$424,211,000 shall be transferred from the revenues and
collections in the General Services Administration, Federal
Buildings Fund.
AUTOMATION AND INFRASTRUCTURE MODERNIZATION
For expenses not otherwise provided for Bureau of
Immigration and Customs Enforcement automated sys-
tems, $367,605,000, to remain available until expended,
of which not less than $350,000,000 shall be for the devel-
opment of the United States Visitor and Immigrant Sta-
tus Indicator Technology system (US VISIT): Provided,
That none of the funds appropriated under this heading
may be obligated for US VISIT until the Bureau of Immi-
gration and Customs Enforcement prepares and submits
to the Committees on Appropriations a plan for expendi-
ture that: (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget, including OMB Circular A–11,
part 3; (2) complies with the Bureau of Immigration and
Customs Enforcement Enterprise Information Systems
Architecture; (3) complies with the acquisition rules, re-
quirements, guidelines, and systems acquisition manage-
ment practices of the Federal Government; (4) is reviewed
and approved by the Bureau of Immigration and Customs
Enforcement Investment Review Board, the Department
of Homeland Security, and the Office of Management and
Budget; and (5) is reviewed by the General Accounting
Office: Provided further, That none of the funds appro-
priated under this heading may be obligated for US VISIT
until such expenditure plan has been approved by the
Committees on Appropriations.
AIR AND MARINE INTERDICTION
For expenses, not otherwise provided for, necessary
for the operation, maintenance and procurement of marine
vessels, aircraft, and other related equipment of the Office
of Air and Marine Interdiction of the Bureau of Immigra-
tion and Customs Enforcement, including operational
training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and
demand reduction programs, the operations of which in-
clude the following: conducting homeland security oper-
ations; interdiction of narcotics and other illegal sub-
stances or items; the provision of support to Department
of Homeland Security and other Federal, State, and local
agencies in the enforcement or administration of laws en-
forced by the Bureau of Immigration and Customs En-
forcement; and, at the discretion of the Under Secretary
for Border and Transportation Security, the provision of
assistance to Federal, State, and local agencies in other
law enforcement and emergency humanitarian efforts,
$175,000,000, which shall remain available until ex-
pended: Provided, That no aircraft or other related equip-
ment, with the exception of aircraft that are one of a kind
and have been identified as excess to Bureau of Immigra-
tion and Customs Enforcement requirements and aircraft
that have been damaged beyond repair, shall be trans-
ferred to any other Federal agency, department, or office
outside of the Department of Homeland Security, during
fiscal year 2004 without the prior approval of the Commit-
tees on Appropriations.
TRANSPORTATION SECURITY ADMINISTRATION
AVIATION SECURITY
For necessary expenses of the Transportation Secu-
rity Administration related to providing civil aviation secu-
rity 
services 
pursuant 
to 
Public 
Law 
107–71,
$3,679,200,000 (reduced by $20,000,000), to remain
available until expended, of which not to exceed $3,000
shall be for official reception and representation expenses:
Provided, That of such total amount, not to exceed
$1,672,700,000 shall be for passenger screening activities;
not to exceed $1,284,800,000 shall be for baggage screen-
ing activities; and not to exceed $721,700,000 shall be for
airport support and enforcement presence: Provided fur-
ther, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited
to this appropriation as offsetting collections and used for
providing civil aviation security services authorized by that