    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 1137]]

    Public Law 108-90
    108th Congress

    An Act

    Making appropriations for the Department of Homeland Security for the
    fiscal year ending September 30, 2004, and for other
    purposes. [NOTE: Oct. 1, 2003 -  [H.R. 2555]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, [NOTE: Department of
    Homeland Security Appropriations Act, 2004.] 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.

    [[Page 1138]]
    117 STAT. 1138

    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

    [[Page 1139]]
    117 STAT. 1139

    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 [NOTE: Arizona.] 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.

    [[Page 1140]]
    117 STAT. 1140

    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:

    [[Page 1141]]
    117 STAT. 1141

    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

    [[Page 1142]]
    117 STAT. 1142

    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.

    [[Page 1143]]
    117 STAT. 1143

    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

    [[Page 1144]]
    117 STAT. 1144

    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 [NOTE: Budget.] 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 [NOTE: 33 USC 518 note.] 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

    [[Page 1145]]
    117 STAT. 1145

    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 [NOTE: 18 USC 3056 note.] 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.

    [[Page 1146]]
    117 STAT. 1146

    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 [NOTE: Grants. Deadlines.] 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.

    [[Page 1147]]
    117 STAT. 1147

    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 [NOTE: Notification.] 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.

    [[Page 1148]]
    117 STAT. 1148

    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).

    [[Page 1149]]
    117 STAT. 1149

    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.

    [[Page 1150]]
    117 STAT. 1150

    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 [NOTE: 6 USC 464a.] 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 [NOTE: 6
    USC 464b.] services, for authorized purposes: Provided further, That

    [[Page 1151]]
    117 STAT. 1151

    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 [NOTE: 6 USC 464c.] 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, [NOTE: 6 USC 464d.] 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, [NOTE: 6 USC 464e.] 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.

    [[Page 1152]]
    117 STAT. 1152

    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

    [[Page 1153]]
    117 STAT. 1153

    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 [NOTE: 6 USC 453a.] 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, [NOTE: 31 USC 501
    note.] 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

    [[Page 1154]]
    117 STAT. 1154

    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. [NOTE: Establishment. 6 USC 464a note.] 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. [NOTE: 19 USC 1498 note.] 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. [NOTE: 19 USC 1307 note.] 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. [NOTE: 19 USC 1307 note.] 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

    [[Page 1155]]
    117 STAT. 1155

    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;

    [[Page 1156]]
    117 STAT. 1156

    (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) [NOTE: Reports. Deadline.] The General Accounting Office shall
    submit the report required under paragraph (a) of this section no later
    than February 15, 2004.

    Sec. 520. [NOTE: Fees. 6 USC 469.] 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. [NOTE: Air cargo.] 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.

    [[Page 1157]]
    117 STAT. 1157

    This Act may be cited as the ``Department of Homeland Security
    Appropriations Act, 2004''.

    Approved October 1, 2003.

    LEGISLATIVE HISTORY--H.R. 2555:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 108-169 (Comm. on Appropriations) and 108-280
    (Comm. of Conference).
    SENATE REPORTS: No. 108-86 (Comm. on Appropriations).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    June 24, considered and passed House.
    July 21-24, considered and passed Senate, amended.
    Sept. 24, House and Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Oct. 1, Presidential remarks and statement.