[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2555 Enrolled Bill (ENR)]

        H.R.2555

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ending September 30, 2004, and for other purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            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 executive management of the Department of 
Homeland Security, as authorized by law, $80,794,000: Provided, That 
not to exceed $40,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management and Administration, as authorized by sections 701-705 of the 
Homeland Security Act of 2002 (6 U.S.C. 341-345), $130,983,000: 
Provided, That of the total amount provided, $20,000,000 shall remain 
available until expended solely for the alteration and improvement of 
facilities and for relocation costs necessary for the interim housing 
of the Department's headquarters' operations and organizations 
collocated therewith.

                 Department-Wide Technology Investments

    For development and acquisition of information technology 
equipment, software, services, and related activities for the 
Department of Homeland Security, and for the costs of conversion to 
narrowband communications, including the cost for operation of the land 
mobile radio legacy systems, $185,000,000, 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 Status Indicator Technology project or the 
Automated Commercial Environment.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $58,664,000, 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--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 Secretary for 
Border and Transportation Security, as authorized by subtitle A, title 
IV, of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), 
$8,106,000.


     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 Illegal Immigration Reform and 
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note), 
$330,000,000, to remain available until expended: Provided, That none 
of the funds appropriated under this heading may be obligated for the 
United States Visitor and Immigrant Status Indicator Technology project 
until the Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure prepared by 
the Secretary of Homeland Security that: (1) meets the capital planning 
and investment control review requirements established by the Office of 
Management and Budget, including Circular A-11, part 3; (2) complies 
with the Department of Homeland Security enterprise 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 Department of Homeland 
Security and the Office of Management and Budget; and (5) is reviewed 
by the General Accounting Office.

                     Customs and Border Protection


                          SALARIES AND EXPENSES

    For necessary expenses for enforcement of laws relating to border 
security, immigration, 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; and 
contracting with individuals for personal services abroad; 
$4,396,350,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund 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; of which 
not to exceed $40,000 shall be for official reception and 
representation expenses; of which not to exceed $100,800,000 shall 
remain 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 Reconciliation 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 $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely under the 
certificate of the Under Secretary for Border and Transportation 
Security; and 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 necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $12,725,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2004, of which not to exceed 
$4,000,000 shall remain available until expended: Provided further, 
That no funds shall be available for the site acquisition, design, or 
construction of any Border Patrol checkpoint in the Tucson sector: 
Provided further, That the Border Patrol shall relocate its checkpoints 
in the Tucson sector at least once every 7 days in a manner designed to 
prevent persons subject to inspection from predicting the location of 
any such checkpoint.


                         AUTOMATION MODERNIZATION

    For expenses for customs and border protection automated systems, 
$441,122,000, to remain available until expended, of which not less 
than $318,690,000 shall be for the development of the Automated 
Commercial Environment: Provided, That none of the funds appropriated 
under this heading may be obligated for the Automated Commercial 
Environment until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve a plan for expenditure 
prepared by the Under Secretary for Border and Transportation Security 
that: (1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including Circular A-11, part 3; (2) complies with the Bureau of 
Customs and Border Protection's enterprise 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 Office of Management and Budget; and (5) is reviewed 
by the General Accounting Office.


                               CONSTRUCTION

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of laws relating to customs and immigration, $90,363,000, 
to remain available until expended.

                  Immigration and Customs Enforcement


                          SALARIES AND EXPENSES

                     (including rescission of funds)

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 1,600 (1,450 for replacement only) police-type vehicles; 
$2,151,050,000, of which not to exceed $5,000,000 shall be available 
until expended for conducting special operations pursuant to section 
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
not to exceed $15,000 shall be for official reception and 
representation expenses; of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Under Secretary for Border and Transportation 
Security; of which not less than $100,000 shall be for promotion of 
public awareness of the child pornography tipline; of which not less 
than $200,000 shall be for Project Alert; 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 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 waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $3,000,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2004, of which not to exceed 
$1,000,000 shall remain available until expended.
    In addition, of the funds appropriated under this heading in 
chapter 6 of title I of Public Law 108-11 (117 Stat. 583), $54,000,000 
are rescinded.


                           FEDERAL AIR MARSHALS

    For necessary expenses of the Federal air marshals, $626,400,000, 
to remain available until expended.


                        Federal Protective Service

                           (transfer of funds)

    For necessary expenses 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 Modernization

    For expenses of immigration and customs enforcement automated 
systems, $40,000,000, to remain available until expended: Provided, 
That none of the funds appropriated under this heading may be obligated 
for Atlas until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Under Secretary for Border and Transportation Security 
that: (1) meets the capital planning and investment control review 
requirements established by the Office of Management and Budget, 
including 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, requirements, 
guidelines, and systems acquisition management 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.


  AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, and other related equipment of 
the air and marine program, 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 include the following: the interdiction of narcotics 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 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, $210,200,000, to remain 
available until expended: Provided, That no aircraft or other related 
equipment, with the exception of aircraft that are one of a kind and 
have been identified as excess to Bureau of Immigration and Customs 
Enforcement requirements and aircraft that have been damaged beyond 
repair, shall be transferred 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 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, 
$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 Security Act (Public Law 
107-71; 115 Stat. 597), $3,732,700,000, to remain available until 
expended, of which not to exceed $3,000 shall be for official reception 
and representation expenses: Provided, That of the total amount 
provided under this heading, not to exceed $1,805,700,000 shall be for 
passenger screening activities; not to exceed $1,318,700,000 shall be 
for baggage screening activities; and not to exceed $703,300,000 shall 
be for airport security direction and enforcement presence: Provided 
further, That security service fees authorized under section 44940 of 
title 49, United States Code, shall be credited to this appropriation 
as offsetting collections: Provided further, That none of the funds 
appropriated or otherwise made available by this or any other Act may 
be obligated or expended to carry out provisions of section 44923(h) of 
title 49 United States Code: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2004, so as to result in a final fiscal year appropriation from 
the General Fund estimated at not more than $1,662,700,000: Provided 
further, That any security service fees collected pursuant to section 
118 of Public Law 107-71 in excess of the amount appropriated under 
this heading shall be treated as offsetting collections in fiscal year 
2005: Provided further, That none of the funds in this Act shall be 
used to recruit or hire personnel into the Transportation Security 
Administration which would cause the agency to exceed a staffing level 
of 45,000 full-time equivalent screeners: Provided further, That of the 
total amount provided under this heading, $250,000,000 shall be 
available only for physical modification of commercial service airports 
for the purpose of installing checked baggage explosive detection 
systems and $150,000,000 shall be available only for procurement of 
checked baggage explosive detection systems.


                        Maritime and Land Security

    For necessary expenses of the Transportation Security 
Administration related to maritime and land transportation security 
grants and services pursuant to the Aviation and Transportation 
Security Act (49 U.S.C. 40101 note), $263,000,000, to remain available 
until September 30, 2005: Provided, That of the total amount provided 
under this heading, $125,000,000 shall be available for port security 
grants, which shall be distributed under the same terms and conditions 
as provided for under Public Law 107-117; and $17,000,000 shall be 
available to execute grants, contracts, and interagency agreements for 
the purpose of deploying Operation Safe Commerce.


                               Intelligence

    For necessary expenses for intelligence activities pursuant to the 
Aviation and Transportation Security Act (115 Stat. 597), $13,600,000.


                         Research and Development

    For necessary expenses for research and development related to 
transportation security, $155,200,000, 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 detection devices.


                              Administration

    For necessary administrative expenses of the Transportation 
Security Administration to carry out the Aviation and Transportation 
Security Act (115 Stat. 597), $427,200,000, to remain available until 
September 30, 2005.

                       United States Coast Guard


                            Operating Expenses

                     (including rescission of funds)

    For necessary expenses for the operation and maintenance of the 
Coast Guard not otherwise provided for; purchase or lease of not to 
exceed twenty-five passenger motor vehicles for replacement only; 
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
note); section 229(b) of the Social Security Act (42 U.S.C. 429(b)); 
and recreation and welfare; $4,713,055,000, of which $340,000,000 shall 
be for defense-related activities; of which $25,000,000 shall be 
derived from the Oil Spill Liability Trust Fund; and of which not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided, That none of the funds appropriated by this or any 
other Act shall be available for administrative expenses in connection 
with shipping commissioners in the United States: 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: Provided 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 Department 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 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 necessary expenses of the Coast Guard Reserve, as authorized by 
law; maintenance and operation of facilities; and supplies, equipment, 
and services; $95,000,000.


               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; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $967,200,000, of which $23,500,000 shall be derived 
from the Oil Spill Liability Trust Fund; of which $66,500,000 shall be 
available until September 30, 2008, to acquire, repair, renovate, or 
improve vessels, small boats, and related equipment; of which 
$162,500,000 shall be available until September 30, 2006, 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 program; of which $70,000,000 
shall be available for personnel compensation and benefits and related 
costs; of which $668,200,000 shall be available until September 30, 
2008, for the Integrated Deepwater Systems program: Provided, That the 
Commandant of the Coast Guard is authorized to dispose of surplus real 
property, by sale or lease, and the proceeds shall be credited to this 
appropriation as offsetting collections and shall be available until 
September 30, 2006, only for Rescue 21: Provided further, That upon 
initial submission to the Congress of the fiscal year 2005 President's 
budget, the Secretary of Homeland Security shall transmit to the 
Congress a comprehensive capital investment plan for the United States 
Coast Guard that includes funding for each budget line item for fiscal 
years 2005 through 2009, with total funding for each year of the plan 
constrained to the funding targets for those years as estimated and 
approved by the Office of Management and Budget.


                          Alteration of Bridges

    For necessary expenses for alteration or removal of obstructive 
bridges, $19,250,000, to remain available until expended: Provided, 
That in fiscal year 2004 and thereafter, funds for bridge alteration 
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 manufactured 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.


               Research, Development, Test, and Evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation, and for maintenance, rehabilitation, 
lease and operation of facilities and equipment, as authorized by law; 
$15,000,000, to remain available until expended, of which $3,500,000 
shall be derived from the Oil Spill Liability Trust Fund: Provided, 
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, development, testing, and evaluation.


                               Retired Pay

    For retired pay, including the payment of obligations 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 
Authorization Act, and payments for medical care of retired 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 aircraft; services of expert witnesses at such rates as may be 
determined by the Director; rental of buildings in the District of 
Columbia, and fencing, lighting, guard booths, and other facilities on 
private or other property not in Government ownership or control, as 
may be necessary to perform protective functions; payment of per diem 
or subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee require an 
employee to work 16 hours per day or to remain overnight at his or her 
post of duty; conduct of and participation in firearms matches; 
presentation of awards; 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; research and development; grants to conduct 
behavioral research in support of protective research and operations; 
and payment in advance for commercial accommodations as may be 
necessary to perform protective functions; $1,137,280,000, of which not 
to exceed $25,000 shall be for official reception and representation 
expenses; of which not to exceed $100,000 shall be to provide technical 
assistance and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,100,000 shall be for forensic 
and related support of investigations of missing and exploited 
children; and of which $5,000,000 shall be a grant for activities 
related to the investigations 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 thereafter, subject to 
the reimbursement of actual costs to this account, funds appropriated 
in this account shall be available, at the discretion of the Director, 
for the following: training United States Postal Service law 
enforcement personnel and Postal police officers, training Federal law 
enforcement officers, training State and local government law 
enforcement officers on a space-available basis, and training private 
sector security officials on a space-available basis: Provided further, 
That the United States Secret Service is authorized to obligate funds 
in anticipation of reimbursements from agencies and entities, as 
defined in section 105 of title 5, United States Code, receiving 
training sponsored by the James J. Rowley Training Center, except that 
total obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year: Provided further, That in fiscal year 2004 and thereafter, 
the James J. Rowley Training Center is authorized to provide short-term 
medical services for students undergoing training at the Center.


      Acquisition, Construction, Improvements, and Related Expenses

    For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $3,579,000, to remain 
available until expended.

                  TITLE III--PREPAREDNESS AND RECOVERY

                    Office for Domestic Preparedness


                         STATE AND LOCAL PROGRAMS

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $3,287,000,000, which shall be allocated as follows:
        (1) $1,700,000,000 for formula-based grants and $500,000,000 
    for law enforcement terrorism prevention grants pursuant to section 
    1014 of the USA PATRIOT Act of 2001 (42 U.S.C. 3714): Provided, 
    That no funds shall be made available to any State prior to the 
    submission of an updated State plan to the Office for Domestic 
    Preparedness: Provided further, That the application for grants 
    shall be made available to States within 30 days after enactment of 
    this Act; that States shall submit applications within 30 days 
    after the grant announcement; and that the Office for Domestic 
    Preparedness shall act within 15 days after receipt of an 
    application or receipt of an updated State plan, whichever is 
    later: Provided further, That each State shall obligate not less 
    than 80 percent of the total amount of the grant to local 
    governments within 60 days after the grant award; and
        (2) $725,000,000 for discretionary grants for use in high-
    threat, high-density urban areas, as determined by the Secretary 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 60 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. 3714(c)(3)) shall not apply to these grants:
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 law enforcement terrorism 
prevention grants under paragraph (1) and discretionary grants under 
paragraph (2) of this heading shall be available for operational costs, 
to include personnel overtime and overtime associated with Office for 
Domestic Preparedness certified training, as needed.


                      FIREFIGHTER ASSISTANCE GRANTS

    For necessary expenses for programs authorized by section 33 of the 
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), 
$750,000,000, to remain available until September 30, 2005: Provided, 
That not to exceed 5 percent of this amount shall be available for 
program administration.

                         Counterterrorism Fund

    For necessary expenses, as determined by the Secretary of Homeland 
Security, to reimburse any Federal agency 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, $10,000,000, to remain available until expended: 
Provided, That the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives 15 days 
prior to the obligation of any amount of these funds in accordance with 
section 503 of this Act.

                  Emergency Preparedness and Response


  Office of the Under Secretary for Emergency Preparedness and Response

    For necessary expenses for the Office of the Under Secretary for 
Emergency Preparedness and Response, as authorized by section 502 of 
the Homeland Security Act of 2002 (6 U.S.C. 312), $3,450,000.


             Preparedness, Mitigation, Response, and Recovery

    For necessary expenses for preparedness, mitigation, response, and 
recovery activities of the Emergency Preparedness and Response 
Directorate, $225,000,000, 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 Earthquake Hazards Reduction Act of 1977 (42 
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2201 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. App.), and the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.): Provided, That of the total amount appropriated, 
$60,000,000 shall be for Urban Search and Rescue Teams, of which not to 
exceed 3 percent may be made available for administrative costs.


                  Administrative and Regional Operations

    For necessary expenses for administrative and regional operations 
of the Emergency Preparedness and Response Directorate, $167,000,000, 
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 Earthquake 
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 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. App.), and the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses.


                            Operating Expenses

                          (rescission of funds)

    Of the funds appropriated under this heading by chapter 6 of title 
I of Public Law 108-11 (117 Stat. 583), $3,000,000 are rescinded.


                          Public Health Programs

    For necessary expenses for countering potential biological, 
disease, and chemical threats to civilian populations, $484,000,000, 
including $400,000,000, to remain available until expended, for the 
Strategic National Stockpile.


                        Biodefense Countermeasures

    For necessary expenses for securing medical countermeasures against 
biological terror attacks, $5,593,000,000, to remain available until 
September 30, 2013: Provided, That not to exceed $3,418,000,000 may be 
obligated during fiscal years 2004 through 2008, of which not to exceed 
$890,000,000 may be obligated during fiscal year 2004.


               RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

    The aggregate charges assessed during fiscal year 2004, as 
authorized by the Energy and Water Development Appropriations Act, 2001 
(Public Law 106-377; 114 Stat. 1441A-59 et seq.), shall not be less 
than 100 percent of the amounts anticipated by the Department of 
Homeland Security necessary for its radiological emergency preparedness 
program for the next fiscal year: Provided, That 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: Provided further, That 
fees received under this heading shall be deposited in this account as 
offsetting collections and will become available for authorized 
purposes on October 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 U.S.C. 5121 et seq.), 
$1,800,000,000, to remain available until expended; of which not to 
exceed $22,000,000 shall be transferred to and merged with the 
appropriation for ``Office of Inspector General'' for audits and 
investigations.


             Disaster Assistance Direct Loan Program Account

    For administrative expenses to carry out the direct loan program, 
as authorized by section 319 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5162), $560,000: Provided, That 
gross obligations for the principal amount of direct loans shall not 
exceed $25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a).


                  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: 
Provided, That grants made for pre-disaster mitigation shall be awarded 
on a competitive basis subject to the criteria in section 203(g) 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 
reference to State allocations, quotas, or other formula-based 
allocation of funds: Provided further, That total administrative costs 
shall not exceed 3 percent of the total appropriation.


                       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 provided by State and local governments or 
other political subdivisions 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.


                      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 exceed $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 remain 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 amount 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 borrowings shall be available from the National Flood 
Insurance Fund.


                      NATIONAL FLOOD MITIGATION FUND

                      (including TRANSFER OF FUNDS)

    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f) of section 1366 of the National 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 Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
$180,000,000: Provided, That total administrative costs shall not 
exceed 3 percent of the total appropriation.


                        Emergency Food and Shelter

    To carry out an emergency food and shelter program pursuant to 
title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $153,000,000, to remain available until expended: 
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 not to exceed 5 percent may be made 
available for administrative costs.

TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

                  Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
including international services, $236,126,000, of which not to exceed 
$5,000 shall be for official reception and representation expenses.

                Federal Law Enforcement Training Center


                          Salaries and Expenses

    For necessary expenses of the Federal Law Enforcement 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; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal cell phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $155,423,000, of which up to $36,174,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2005; and of which not to 
exceed $12,000 shall be for official reception and representation 
expenses: 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 authorized 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 in fiscal year 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 personnel and Postal police officers; 
State and local government 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 (28 U.S.C. 509 note); training of private sector security 
officials on a space-available basis with reimbursement of actual 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 the Center is authorized 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 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 training at the 
Center.


      Acquisition, Construction, Improvements, and Related Expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $37,357,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.

           Information Analysis and Infrastructure Protection


                      management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Information Analysis and Infrastructure Protection and 
for management and administration of programs and activities, as 
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.), $125,000,000.


                       assessments and evaluations

    For expenses for information analysis and infrastructure protection 
as authorized by title II of the Homeland Security Act of 2002 (6 
U.S.C. 121 et seq.), $714,300,000, to remain available until September 
30, 2005.

                         Science and Technology


                      management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Science and Technology and for management and 
administration of programs and activities, as authorized by title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), 
$44,168,000.


            Research, Development, Acquisition, and Operations

    For expenses of science and technology research, including advanced 
research projects; development; test and evaluation; acquisition; and 
operations, as authorized by title III of the Homeland Security Act of 
2002 (6 U.S.C. 181 et seq.), $874,000,000, to remain available until 
expended.

                      TITLE V--GENERAL PROVISIONS


                      (including transfers of funds)

    Sec. 501. 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. 502. Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act: Provided, That balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriation 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 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the 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, unless 
both Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriation 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 
available to the agencies funded by this Act, shall be available for 
obligation 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 the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriation Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by 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 Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
    Sec. 504. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2004 from appropriations for salaries and expenses 
for fiscal year 2004 in this Act shall remain available through 
September 30, 2005, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 505. In fiscal year 2004 and thereafter, unless otherwise 
provided, funds may be used for purchase of uniforms without regard to 
the general purchase price limitation for the current fiscal year; 
purchase of insurance for official motor vehicles operated in foreign 
countries; entering into contracts with the Department of State to 
furnish health and medical services to employees and their dependents 
serving in foreign countries; services authorized by section 3109 of 
title 5, United States Code; and 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. 506. The Federal Emergency Management Agency ``Working Capital 
Fund'' shall be available to the Department of Homeland Security, as 
authorized by sections 503 and 1517 of the Homeland Security Act of 
2002 (6 U.S.C. 313, 557), for expenses and equipment necessary for 
maintenance and operations of such administrative services as the 
Secretary of Homeland Security determines may be performed more 
advantageously as central services: Provided, That such fund shall 
hereafter be known as the ``Department of Homeland Security Working 
Capital Fund''.
    Sec. 507. The Federal Emergency Management Agency ``Bequests and 
Gifts'' account shall be available to the Department of Homeland 
Security, as authorized by sections 503 and 1517 of the Homeland 
Security Act of 2002 (6 U.S.C. 313, 557), for the Secretary of Homeland 
Security to accept, hold, administer and utilize gifts and bequests, 
including property, to facilitate the work of the Department of 
Homeland Security: Provided, That such fund shall hereafter be known as 
``Department of Homeland Security, Gifts and Donations'': Provided 
further, That any gift or bequest shall be used in accordance with the 
terms of that gift or bequest to the greatest extent practicable.
    Sec. 508. Funds made available by this Act for intelligence 
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 enactment of an Act authorizing 
intelligence activities for fiscal year 2004.
    Sec. 509. The Federal Law Enforcement Training Center shall 
establish an accrediting body, to include representatives from the 
Federal law enforcement community and non-Federal accreditation experts 
involved in law enforcement training, to establish standards for 
measuring and assessing the quality and effectiveness of Federal law 
enforcement training programs, facilities, and instructors.
    Sec. 510. None of the funds in this Act may be used to make a grant 
unless the Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives not less 
than 3 full business days before any grant allocation, discretionary 
grant award, or letter of intent totaling $1,000,000 or more is 
announced by the Department or its directorates from: (1) any 
discretionary or formula-based grant program of the Office for Domestic 
Preparedness; (2) any letter of intent from the Transportation Security 
Administration; or (3) any port security grant: Provided, That no 
notification shall involve funds that are not available for obligation.
    Sec. 511. Notwithstanding any other provision of law, no agency 
shall purchase, construct, and/or lease any additional facilities, 
except within or contiguous to existing locations, to be used for the 
purpose of conducting Federal law enforcement training without the 
advance approval of the Committees on Appropriations of the Senate and 
the House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 512. The Director of the Federal Law Enforcement Training 
Center shall ensure that all training facilities under the control of 
the Center are operated at optimal capacity throughout the fiscal year.
    Sec. 513. For fiscal year 2004 and thereafter, none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used for the production of customs declarations that do 
not inquire whether the passenger had been in the proximity of 
livestock.
    Sec. 514. For fiscal year 2004 and thereafter, none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security 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. 515. For fiscal year 2004 and thereafter, none of the funds 
appropriated or otherwise made available to the Department of Homeland 
Security may be used to allow--
        (1) the importation into the United States of any good, ware, 
    article, or merchandise mined, produced, 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. 516. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, and acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus.
    Sec. 517. None of the funds appropriated or otherwise made 
available by this Act shall be used to pursue or adopt guidelines or 
regulations requiring airport sponsors to provide to the Transportation 
Security Administration without cost building construction, 
maintenance, utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to aviation security: Provided, That 
the prohibition of funds in this section does not apply to--
        (1) negotiations between the agency and airport sponsors to 
    achieve agreement on ``below-market'' rates for these items, or
        (2) space for necessary security checkpoints.
    Sec. 518. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 519. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Computer Assisted Passenger 
Prescreening System (CAPPS II) that the Transportation Security 
Administration (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 aviation passengers 
    determined to pose a threat and either delayed or prohibited from 
    boarding their scheduled flights by the TSA may appeal such 
    decision and correct erroneous information contained in CAPPS II;
        (2) the underlying error rate of the government and private 
    data bases that will be used both to establish identity and assign 
    a risk level to a passenger 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 
    passengers who may constitute a threat to aviation;
        (4) the Secretary of Homeland Security has established 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 hackers or other intruders;
        (7) the TSA has adopted policies establishing effective 
    oversight of the use and operation of the system; and
        (8) there are no specific privacy concerns with the 
    technological architecture of the system.
    (b) During the testing phase permitted by paragraph (a) of this 
section, no information gathered from passengers, foreign or domestic 
air carriers, or reservation systems may be used to screen aviation 
passengers, or delay or deny boarding to such passengers.
    (c) The General Accounting Office shall submit the report required 
under paragraph (a) of this section no later than February 15, 2004.
    Sec. 520. For fiscal year 2004 and thereafter, the Secretary of 
Homeland Security shall charge reasonable fees for providing 
credentialing and background investigations in the field of 
transportation: Provided, That the establishment and collection of fees 
shall be subject to the following requirements:
        (1) such fees, in the aggregate, shall not exceed the costs 
    incurred by the Department of Homeland Security associated with 
    providing the credential or performing the background record 
    checks;
        (2) the Secretary shall charge fees in amounts that are 
    reasonably related to the costs of providing services in connection 
    with the activity or item for which the fee is charged;
        (3) a fee may not be collected except to the extent such fee 
    will be expended to pay for the costs of conducting or obtaining a 
    criminal history record check and a review of available law 
    enforcement databases and commercial databases and records of other 
    governmental and international agencies; reviewing and adjudicating 
    requests for waiver and appeals of agency decisions with respect to 
    providing the credential, performing the background record check, 
    and denying requests for waiver and appeals; and any other costs 
    related to providing the credential or performing the background 
    record check; and
        (4) any fee collected shall be available for expenditure only 
    to pay the costs incurred in providing services in connection with 
    the activity or item for which the fee is charged and shall remain 
    available until expended.
    Sec. 521. The Secretary of Homeland Security is directed to 
research, develop, and procure certified systems to inspect and screen 
air cargo on passenger aircraft at the earliest date possible: 
Provided, That until such technology is procured and installed, the 
Secretary shall take all possible actions to enhance the known shipper 
program to prohibit high-risk cargo from being transported on passenger 
aircraft.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2004''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.