Department of Homeland Security Appropriations Act, 2004
PL 108-90 (H.R.2555), enacted 10/01/2003

[108th Congress Public Law 90]
[From the U.S. Government Printing Office]


[DOCID: f:publ090.108]

[[Page 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 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

    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.

    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

    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 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. AUTOMATION MODERNIZATION>> 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.

    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 117 STAT. 1140]]

    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

    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.

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

    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.

    For expenses of immigration and customs enforcement automated 
systems, $40,000,000, to remain available until expended:

[[Page 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.

    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.

    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

    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 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.

    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.

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

    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 117 STAT. 1143]]

    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

    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.

    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.

    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.

    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 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. Alteration of Bridges>> 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.

    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. Research, Development, Test, and 
Evaluation>> 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.

    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.

    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 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

    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. Acquisition, Construction, Improvements, 
and Related Expenses>> 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 117 STAT. 1146]]

    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

    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.

    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 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

    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.

    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.

    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 117 STAT. 1148]]

    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.

    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.

    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.

    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.

    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.

    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 117 STAT. 1149]]

    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.

    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.

    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.

    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 117 STAT. 1150]]

    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.

    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.

    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

    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 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. Acquisition, Construction, Improvements, and Related 
Expenses>> That in fiscal year 2004 and thereafter, the Center is 
authorized to provide short-term medical services for students 
                   undergoing training at the Center.

    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

    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.

    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 117 STAT. 1152]]

                         Science and Technology

    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.

    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

    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 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 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 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 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 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.

                                  <all>