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 Transpor-
tation 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 con-
travention 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 implementa-
tion, 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 pas-
sengers 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 dem-
onstrated 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 over-
sight of the use and operation of the system; and 
(8) there are no specific privacy concerns with the techno-
logical 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 transpor-
tation: 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 connec-
tion 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 avail-
able 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 connec-
tion 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.