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will not produce a large number of false positives that
will result in a significant number of passengers
being treated mistakenly or security resources being
diverted;
(3) the TSA has stress-tested and demonstrated
the efficacy and accuracy of all search tools in
CAPPS II and has demonstrated that CAPPS II can
make an accurate predictive assessment of those pas-
sengers who may constitute a threat to aviation;
(4) the Secretary of Homeland Security has es-
tablished an internal oversight board to monitor the
manner in which CAPPS II is being developed and
prepared;
(5) the TSA has built in sufficient operational
safeguards to reduce the opportunities for abuse;
(6) substantial security measures are in place to
protect CAPPS II from unauthorized access by hack-
ers or other intruders;
(7) the TSA has adopted policies establishing ef-
fective oversight of the use and operation of the sys-
tem; and
(8) there are no specific privacy concerns with
the technological architecture of the system.
(b) The General Accounting Office shall submit the re-
port required under paragraph (a) of this section no later
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than 60 days after the Secretary of Homeland Security has
published in the Federal Register the Department’s privacy
notice for CAPPS II or no later than 60 days after enact-
ment of this Act, whichever is later.
SEC. 616. Not later than March 1, 2004, the Secretary
of Homeland Security shall submit to Congress a report
that—
(1) details the progress made in developing coun-
termeasures for commercial aircraft against shoulder-
fired missile systems, including cost and time sched-
ules for developing and deploying such counter-
measures; and
(2) in classified form and in conjunction with
airports in category X and category one, an assess-
ment of the vulnerability of such airports from the
threat of shoulder-fired missile systems and the in-
terim measures being taken to address the threat.
SEC. 617. Not later than March 1, 2004, the Secretary
of Homeland Security shall issue a classified report to Con-
gress on the security costs incurred by State and local gov-
ernment law enforcement personnel in each State in com-
plying with requests and requirements of the United States
Secret Service to provide protective services and transpor-
tation for foreign and domestic officials.
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SEC. 618. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended
for the procurement of any articles, materials, or supplies
in contravention of the Buy American Act (41 U.S.C. 10a
et seq.).
SEC. 619. Not later than 90 days after the date of en-
actment of this Act, the Secretary of Homeland Security
shall submit a report in unclassified form to Congress on
the Homeland Security Advisory System, which shall
include—
(1) an assessment of how the system is fulfilling
its missions to—
(A) provide a national framework for Fed-
eral, State, and local governments, private in-
dustry and the public to gauge threat levels;
(B) establish the integration of factors for
assignment of threat conditions;
(C) unify the system of public announce-
ments, allowing government officials and citizens
to communicate the nature and degree of ter-
rorist threats; and
(D) provide a tool for combating terrorism
by deterring terrorist activity, notifying law en-
forcement and State and local government offi-
cials of threats, informing the public about gov-
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ernment preparations, and providing such offi-
cials and the public with information necessary
to respond to the threat;
(2) the average daily cost of elevating the Home-
land Security Advisory System by 1 threat level;
(3) an evaluation by the Inspector General of the
Department of Homeland Security of the responses to
each of the suggested protective measures to be taken
at each threat level; and
(4) a review of efforts taken by the Department
of Homeland Security to refine the Homeland Secu-
rity Advisory System, and the progress of tailoring
the system so that threat alerts are issued on a re-
gional basis rather than nationally.
SEC. 620. (a) Congress finds that—
(1) emergency responders are the first line of de-
fense in protecting our Nation against terrorist at-
tacks;
(2) the Department of Homeland Security uses
population as a factor when allocating grant funding
to States and local governments for emergency re-
sponders;
(3) population plays an important role in both
formula and discretionary grants, which are adminis-
tered by the Department of Homeland Security;
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(4) the number of people in a city or State often
differs from estimates by the Census Bureau;
(5) large groups of tourists regularly visit many
American cities and States, but are not included in
the resident population of these cities and States; and
(6) the monetary needs of emergency responders
are directly related to the amount of people they are
responsible to protect.
(b) It is the sense of the Senate that the Secretary of
Homeland Security should take into account tourist popu-
lation as a factor when determining resource needs and po-
tential vulnerabilities for the purpose of allocating funds
for discretionary and formula grants.
SEC. 621. Not later than 30 days after the date of en-
actment of this Act, the Under Secretary for Emergency
Preparedness and Response shall—
(1) review the damage survey reports and project
worksheets relating to the damages and costs incurred
by the University of North Dakota as a result of the
April 1997 flooding in North Dakota, which is classi-
fied by Emergency Preparedness and Response as
DR–1174–ND; and
(2) submit a report on the efforts of the Direc-
torate of Emergency Preparedness and Response to re-
solve any outstanding claims by the University of
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North Dakota relating to the reports described in
paragraph (1) to the Committees on Appropriations
of the Senate and House of Representatives.
SEC. 622. Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of State and the Attorney
General, shall report to the Committees on Appropriations
of the Senate and the House of Representatives on the feasi-
bility of providing access to State and local law enforcement
agencies to the database of the Department of State on po-
tential terrorists known as the ‘‘Tipoff’’ database, including
the process by which classified information shall be secured
from unauthorized disclosure.
SEC. 623. Not later than 60 days after the date of en-
actment of this Act, the Secretary of Homeland Security,
in collaboration with the Director of the Office of Manage-
ment and Budget, shall submit a report to the Committee
on Appropriations of the Senate, the Committee on Appro-
priations of the House of Representatives, the Committee
on Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, and
the Select Committee on Homeland Security of the House
of Representatives on the status of the Department’s efforts
to—