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2004 and thereafter, students attending training at any
Center site shall reside in on-Center or Center-provided
housing, insofar as available and in accordance with Center
policy: Provided further, That in fiscal year 2004 and
thereafter, funds appropriated in this account shall be
available, at the discretion of the Director, for the following:
training United States Postal Service law enforcement per-
sonnel and Postal police officers; State and local govern-
ment law enforcement training on a space-available basis;
training of foreign law enforcement officials on a space-
available basis with reimbursement of actual costs to this
appropriation, except that reimbursement may be waived
by the Secretary for law enforcement training activities in
foreign countries undertaken under section 801 of the
Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104–32); training of private sector security of-
ficials on a space-available basis with reimbursement of ac-
tual costs to this appropriation; and travel expenses of non-
Federal personnel to attend course development meetings
and training sponsored by the Center: Provided further,
That in fiscal year 2004 and thereafter, the Center is au-
thorized to obligate funds in anticipation of reimbursements
from agencies receiving training sponsored by the Center,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the
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end of the fiscal year: Provided further, That in fiscal year
2004 and thereafter, the Center is authorized to provide
short-term medical services for students undergoing train-
ing at the Center.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND
RELATED EXPENSES
For expansion of the Federal Law Enforcement Train-
ing Center, for acquisition of necessary additional real
property and facilities, and for ongoing maintenance, facil-
ity improvements, and related expenses, $28,708,000, to re-
main available until expended.
OFFICE FOR DOMESTIC PREPAREDNESS
STATE AND LOCAL PROGRAMS
For grants, contracts, cooperative agreements, and
other activities, including grants to State and local govern-
ments for terrorism prevention activities, notwithstanding
any other provision of law, $2,888,000,000, which shall be
allocated as follows:
(1) $1,750,000,000 for grants pursuant to section
1014 of the USA PATRIOT Act of 2001 (42 U.S.C.
3711), of which $500,000,000 shall be available for
State and local law enforcement terrorism prevention
grants: Provided, That no funds shall be made avail-
able to any State prior to the submission of an up-
dated state plan to the Office for Domestic Prepared-
ness: Provided further, That the application for
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grants shall be made available to States within 15
days after enactment of this Act; and that States shall
submit applications within 30 days after the grant
announcement; and that the Office for Domestic Pre-
paredness shall act on each application within 15
days after receipt: Provided further, That each State
shall obligate not less than 80 percent of the total
amount of the grant to local governments within 45
days after the grant award;
(2) $30,000,000 for technical assistance;
(3) $750,000,000 for discretionary grants for use
in high-threat urban areas, as determined by the Sec-
retary of Homeland Security: Provided, That no less
than 80 percent of any grant to a State shall be made
available by the State to local governments within 45
days after the receipt of the funds: Provided further,
That section 1014(c)(3) of the USA PATRIOT Act of
2001 (42 U.S.C. 3711) shall not apply to these grants;
and
(4) $358,000,000 for national programs:
Provided, That none of the funds appropriated under this
heading shall be used for the construction or renovation of
facilities: Provided further, That funds appropriated for
State and local law enforcement terrorism prevention
grants under paragraph (1) and discretionary grants under
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paragraph (3) of this heading shall be available for oper-
ational costs, to include personnel overtime and overtime
associated with Office for Domestic Preparedness certified
training as needed: Provided further, That the Secretary
of Homeland Security shall notify the Committees on Ap-
propriations of the Senate and House of Representatives 15
days prior to the obligation of any amount of the funds
provided under paragraphs (1) and (3) of this heading:
Provided further, That not later than January 1, 2004, the
Office of Domestic Preparedness shall submit to the Com-
mittees on Appropriations of the Senate and House of Rep-
resentatives a report detailing efforts to assess and dissemi-
nate best practices to emergency responders which, at a
minimum, shall discuss (1) efforts to coordinate and share
information with State and local officials and emergency
preparedness organizations; and (2) steps the Department
proposes to improve the coordination and sharing of such
information, if any.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by sec-
tion 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2201 et seq.), $750,000,000, to remain
available until September 30, 2005: Provided, That up to
5 percent of this amount shall be available for program ad-
ministration.
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OFFICE OF THE UNDER SECRETARY FOR EMERGENCY
PREPAREDNESS AND RESPONSE
For necessary expenses for the Office of the Under Sec-
retary for Emergency Preparedness and Response as au-
thorized by section 502 of the Homeland Security Act of
2002 (6 U.S.C. 312), $3,615,000.
EMERGENCY PREPAREDNESS AND RESPONSE
OPERATING EXPENSES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses of the Emergency Preparedness
and Response Directorate, $826,801,000, to remain avail-
able until expended, including activities authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4011 et
seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Fed-
eral Fire Prevention and Control Act of 1974 (15 U.S.C.
2201 et seq.), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.), the Defense Production Act
of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and
303 of the National Security Act of 1947 (50 U.S.C. 404,
405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 903
note), and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.): Provided, That of the amount provided under
this heading: $163,000,000 shall be for activities relating
to Preparedness, Mitigation, Response and Recovery;
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$434,000,000 shall be for Public Health Programs, includ-
ing the Disaster Medical Assistance Teams and the Stra-
tegic National Stockpile; $165,214,000 shall be for Adminis-
trative and Regional Operations; and $64,587,000 shall be
for Urban Search and Rescue Teams.
In addition, of the funds appropriated under this
heading by Public Law 108–11 (117 Stat. 583), $3,000,000
are hereby rescinded.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The aggregate charges assessed during fiscal year 2004,
as authorized by the Energy and Water Development Ap-
propriations Act, 2001 (Public Law 106–377; 114 Stat.
114A–46), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security nec-
essary for its radiological emergency preparedness program
for the next fiscal year. The methodology for assessment and
collection of fees shall be fair and equitable; and shall reflect
costs of providing such services, including administrative
costs of collecting such fees. Fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on Octo-
ber 1, 2004, and remain available until expended.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
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U.S.C. 5121 et seq.), $1,956,000,000, notwithstanding the
matter under the heading ‘‘Disaster Relief’’ under the head-
ing ‘‘Federal Emergency Management Agency’’ of chapter
II of title I of Public Law 102–229 (42 U.S.C. 5203), to
remain available until expended; of which not to exceed
$22,000,000 shall be transferred to and merged with the ap-
propriation for ‘‘Office of the Inspector General’’ for audits
and investigations: Provided, That the Under Secretary for
Emergency Preparedness and Response may provide ad-
vanced funding to authorize nonprofit entities performing
duties under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131 et seq.) who re-
spond to a disaster declared by the President if the non-
profit entity petitions the Under Secretary for such ad-
vanced funding and demonstrates that they would be unable
to respond to the disaster absent such funding.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For direct loans, as authorized by section 319 of the
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5162): Provided, That gross obligations
for the principal amount of direct loans not to exceed
$25,000,000: Provided further, That the cost of modifying
such loans shall be as defined in section 502 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 661a). In addition,
for administrative expenses to carry out the direct loan pro-
gram, $557,000.
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NATIONAL PRE-DISASTER MITIGATION FUND
For a pre-disaster mitigation grant program pursuant
to title II of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131 et seq.),
$150,000,000, to remain available until expended: Pro-
vided, That grants made for pre-disaster mitigation shall
be awarded on a competitive basis subject to the criteria
in section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(g)): Provided
further, That, notwithstanding section 203(f) of that Act (42
U.S.C. 5133(f)), grant awards shall be made without ref-
erence to State allocations, quotas, or other formula-based
allocation of funds: Provided further, That total adminis-
trative costs shall not exceed 3 percent of the total appro-
priation.
FLOOD MAP MODERNIZATION FUND
For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101),
$200,000,000, and such additional sums as may be pro-
vided by State and local governments or other political sub-
divisions for cost-shared mapping activities under section
1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed
3 percent of the total appropriation.
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NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act
of 1968 (42 U.S.C. 4011 et seq.) and the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 et seq.), not to ex-
ceed $32,663,000 for salaries and expenses associated with
flood mitigation and flood insurance operations; and not
to exceed $77,809,000 for flood hazard mitigation, to re-
main available until September 30, 2005, including up to
$20,000,000 for expenses under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c), which
amount shall be available for transfer to the National Flood
Mitigation Fund until September 30, 2005, and which
amounts shall be derived from offsetting collections assessed
and collected pursuant to section 1307 of that Act (42
U.S.C. 4014), and shall be retained and used for necessary
expenses under this heading: Provided, That in fiscal year
2004, no funds in excess of: (1) $55,000,000 for operating
expenses; (2) $565,897,000 for agents’ commissions and
taxes; and (3) $40,000,000 for interest on Treasury bor-
rowings shall be available from the National Flood Insur-
ance Fund.
NATIONAL FLOOD MITIGATION FUND
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding subparagraphs (B) and (C) of sub-
section (b)(3), and subsection (f) of section 1366 of the Na-
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tional Flood Insurance Act of 1968 (42 U.S.C. 4104c),
$20,000,000, to remain available until September 30, 2005,
for activities designed to reduce the risk of flood damage
to structures pursuant to such Act, of which $20,000,000
shall be derived from the National Flood Insurance Fund.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management
performance grants, as authorized by the National Flood
Insurance Act of 1968 and the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), the Earthquake Hazards Reductions Act of
1977 (42 U.S.C. 7701 et seq.), and the Reorganization Plan
No. 3 of 1978 (5 U.S.C. 903 note), $165,000,000.
EMERGENCY FOOD AND SHELTER
To carry out an emergency food and shelter program
pursuant to title III of Public Law 100–77 (42 U.S.C.
11331 et seq.), $153,000,000, to remain available until ex-
pended: Provided, That total administrative costs shall not
exceed 3.5 percent of the total appropriation.
CERRO GRANDE FIRE CLAIMS
For payment of claims under the Cerro Grande Fire
Assistance Act (Public Law 106–246; 114 Stat. 583),
$38,062,000, to remain available until expended: Provided,
That up to 5 percent of this amount may be made available
for administrative costs.
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OFFICE OF THE UNDER SECRETARY FOR INFORMATION
ANALYSIS AND INFRASTRUCTURE PROTECTION
For necessary expenses of the Office of the Under Sec-
retary for Information Analysis and Infrastructure Protec-
tion as authorized by section 201 of the Homeland Security
Act of 2002 (6 U.S.C. 121), $10,460,000; of which
$5,442,000 shall be for operations of the Department of
Homeland Security Command Center: Provided, That no
later than 120 days after enactment of this Act the Under
Secretary of Infrastructure Analysis and Infrastructure
Protection shall submit a report to the Committees on Ap-
propriations of the Senate and House of Representatives on
the vulnerability of the 250 largest sports and entertain-
ment facilities (based on seating capacity).
INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION, OPERATING EXPENSES
For necessary expenses for information analysis and
infrastructure protection as authorized by section 201 of the
Homeland Security Act of 2002 (6 U.S.C. 121),
$823,700,000, to remain available until September 30,
2005.
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TITLE V—RESEARCH AND DEVELOPMENT
OFFICE OF THE UNDER SECRETARY FOR SCIENCE AND
TECHNOLOGY
For necessary expenses of the Office of the Under Sec-
retary for Science and Technology as authorized by section
302 of the Homeland Security Act of 2002 (6 U.S.C. 182),
$5,400,000.
SCIENCE AND TECHNOLOGY, RESEARCH, DEVELOPMENT,
ACQUISITION AND OPERATIONS
For necessary expenses for science and technology re-
search, development, acquisition, and operations, as author-
ized by sections 302, 307, and 308 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 182, 187, 188), $866,000,000,
to remain available until expended; of which $55,000,000
is for university-based centers for homeland security as au-
thorized by section 308(b)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 188(b)(2)); and of which $70,000,000 is
provided for the centralized Federal technology clearing-
house as authorized by section 313 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 193): Provided, That of the total
amount appropriated, $20,000,000 shall be available for the
construction of the National Biodefense Analysis and Coun-
termeasures Center: Provided further, That the Under Sec-
retary for Science and Technology shall work with the Coast
Guard Research and Development Center regarding re-
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search priorities for the Coast Guard: Provided further,
That there may be credited to and used for the purposes
of this appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries, for expenses incurred for research, devel-
opment, testing, and evaluation.
TITLE VI—GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 601. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 602. The Federal Emergency Management Agen-
cy ‘‘Working Capital Fund’’ shall be available to the De-
partment of Homeland Security, as authorized by sections
503 and 1517 of the Homeland Security Act of 2002 (6
U.S.C. 313 and 557), for expenses and equipment necessary
for maintenance and operations of such administrative
services as the Secretary determines may be performed more
advantageously as central services: Provided, That such
fund shall hereafter be known as the ‘‘Department of Home-
land Security Working Capital Fund’’.
SEC. 603. The Federal Emergency Management Agen-
cy ‘‘Bequests and Gifts’’ account shall be available to the
Department of Homeland Security, as authorized by sec-
tions 503 and 1517 of the Homeland Security Act of 2002
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(6 U.S.C. 313 and 557), for the Secretary of Homeland Se-
curity to accept, hold, administer and utilize gifts and be-
quests, including property, to facilitate the work of the De-
partment of Homeland Security: Provided, That such fund
shall hereafter be known as ‘‘Department of Homeland Se-
curity, Gifts and Donations’’: Provided further, That any
gift or bequest is to be used in accordance with the terms
of that gift or bequest to the greatest extent practicable.
SEC. 604. No employee of the Department of Homeland
Security may be detailed or assigned from an agency, bu-
reau, or office funded by this Act to any other agency, bu-
reau, or office of the Department for more than 30 days
unless the individual’s employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment
unless expressly so provided herein.
SEC. 605. (a) None of the funds provided by this Act,
or provided by previous appropriations Acts to the agencies
in or transferred to the Department of Homeland Security
that remain available for obligation or expenditure in fiscal
year 2004, or provided from any accounts in the Treasury
of the United States derived by the collection of fees avail-
able to the agencies funded by this Act shall be available
for obligation or expenditure through a reprogramming of
funds which: (1) creates a new program; (2) eliminates a
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program, project, or activity; (3) increases funds for any
program, project, or activity for which funds have been de-
nied or restricted by Congress; or (4) proposes to use funds
directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose, un-
less the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in ad-
vance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies in or trans-
ferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2004,
or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for obliga-
tion or expenditure for programs, projects, or activities
through a reprogramming of funds in excess of $5,000,000
or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Con-
gress; or (3) results from any general savings from a reduc-
tion in personnel which would result in a change in existing
programs, projects or activities, as approved by Congress;
unless the Committees on Appropriations of the Senate and
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the House of Representatives are notified 15 days in ad-
vance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year to the Department of
Homeland Security by this Act or provided by previous ap-
propriations Acts may be transferred between such appro-
priations, but no such appropriation, except otherwise spe-
cifically provided, shall be increased by more than 10 per-
cent by any such transfers: Provided, That any transfer
under this section shall be treated as a reprogramming of
funds under subsection (b) of this section and shall not be
available for obligation unless the Committees on Appro-
priations of the Senate and the House of Representatives
are notified 15 days in advance of such transfer.
SEC. 606. Of the funds appropriated by this Act or
otherwise made available, not to exceed $100,000 may be
used for official reception and representation expenses when
specifically approved by the Secretary.
SEC. 607. Funds made available by this Act for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year
2004 until the date of enactment of an Act authorizing in-
telligence activities for fiscal year 2004.
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SEC. 608. The Federal Law Enforcement Training
Center is directed to establish an accrediting body that will
include representatives from the Federal law enforcement
community, as well as non-Federal accreditation experts
involved in law enforcement training. The purpose of this
body will be to establish standards for measuring and as-
sessing the quality and effectiveness of Federal law enforce-
ment training programs, facilities, and instructors.
SEC. 609. For fiscal year 2004 and thereafter, none
of the funds made available by this Act may be used for
the production of customs declarations that do not inquire
whether the passenger had been in the proximity of live-
stock.
SEC. 610. For fiscal year 2004 and thereafter, none
of the funds made available by this Act shall be available
for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to
a Government employee would result in a determination,
regulation, or policy that would prohibit the enforcement
of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 611. For fiscal year 2004 and thereafter, none
of the funds made available by this Act may be used to
allow—
(1) the importation into the United States of
any good, ware, article, or merchandise mined, pro-
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duced, or manufactured by forced or indentured child
labor, as determined under section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307); or
(2) the release into the United States of any
good, ware, article, or merchandise on which there is
in effect a detention order under such section 307 on
the basis that the good, ware, article, or merchandise
may have been mined, produced, or manufactured by
forced or indentured child labor.
SEC. 612. Unless otherwise provided, funds may be
used for purchase of insurance for official motor vehicles
operated in foreign countries, and for the hire and purchase
of motor vehicles as authorized by section 1343 of title 31,
United States Code: Provided, That purchase for police-type
use of passenger vehicles may be made without regard to
the general purchase price limitation for the current fiscal
year.
SEC. 613. Unless otherwise provided, funds may be
used for uniforms without regard to the general purchase
price limitation for the current fiscal year.
SEC. 614. None of the funds made available by this
Act shall be used to pay the salaries and expenses of per-
sonnel to adopt guidelines or regulations requiring airport
sponsors to provide to the Transportation Security Admin-
istration without cost building construction, maintenance,
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utilities and expenses, or space in airport sponsor-owned
buildings for services relating to aviation security: Pro-
vided, That the prohibition of funds in this section does not
apply to negotiations between the agency and airport spon-
sors to achieve agreement on ‘‘below-market’’ rates for these
items or to grant assurances that require airport sponsors
to provide land without cost to the Transportation Security
Administration for necessary security checkpoints.
SEC. 615. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for testing
(other than simulations), deployment, or implementation of
the Computer Assisted Passenger Prescreening System
(CAPPS II) that the Transportation Security Administra-
tion (TSA) plans to utilize to screen aviation passengers,
until the General Accounting Office has reported to the
Committees on Appropriations of the Senate and the House
of Representatives that—
(1) a system of due process exists whereby avia-
tion passengers determined to pose a threat and either
delayed or prohibited from boarding their scheduled
flights by the TSA may appeal such decision and cor-
rect erroneous information contained in CAPPS II;
(2) the underlying error rate of the government
and private data bases that will be used both to estab-
lish identity and assign a risk level to a passenger