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. 
H. R. 2555—2 

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 
H. R. 2555—3 

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. 
H. R. 2555—4 

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) policetype 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: 
H. R. 2555—5 

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 
H. R. 2555—6 

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. 
H. R. 2555—7 

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 
H. R. 2555—8 

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 
H. R. 2555—9 

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. 
H. R. 2555—10 

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 highthreat, 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. 
H. R. 2555—11 

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. 
H. R. 2555—12 

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). 
H. R. 2555—13 

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. 
H. R. 2555—14 

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 serv- ices, 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 
H. R. 2555—15 

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 spaceavailable 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 nonFederal 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. 
H. R. 2555—16 

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 
H. R. 2555—17 

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 
H. R. 2555—18 

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 
H. R. 2555—19 

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 sponsorowned 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; 
H. R. 2555—20 

(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. 
H. R. 2555—21 

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.