Pub.L. 108-091 To amend section 242 of the National Housing Act regarding the requirements for mortgage insurance under such Act for hospitals. <> ...

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[[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.

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