23–669 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–241 

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF 

HOMELAND SECURITY FOR THE FISCAL YEAR ENDING 

SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES 

SEPTEMBER, 2005.—Ordered to be printed 

Mr. ROGERS of Kentucky, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2360] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 2360) 

‘‘making appropriations for the Department of Homeland Security 

for the fiscal year ending September 30, 2006, and for other purposes’’, having met, after full and free conference, have agreed to 

recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as 

follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert: 

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, 2006, 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, 

$79,409,000: Provided, That not to exceed $40,000 shall be for official reception and representation expenses: Provided further, That, 

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not more than 180 days from the date of the enactment of this Act, 

the Secretary of Homeland Security shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives 

an integrated immigration enforcement strategy to reduce the number of undocumented aliens by ten percent per year based on the 

most recent United States Census Bureau data. 

OFFICE OF SCREENING COORDINATION AND OPERATIONS

For necessary expenses of the Office of Screening Coordination 

and Operations, $4,000,000. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

For necessary expenses of the Office of the Under Secretary for 

Management, as authorized by sections 701–705 of the Homeland 

Security Act of 2002 (6 U.S.C. 341–345), $168,835,000: Provided, 

That not to exceed $3,000 shall be for official reception and representation expenses: Provided further, That of the total amount 

provided, $26,070,000 shall remain available until expended solely 

for the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters 

operations. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 

2002 (6 U.S.C. 113), $19,405,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 

2002 (6 U.S.C. 113), and Department-wide technology investments, 

$297,229,000; of which $75,756,000 shall be available for salaries 

and expenses; and of which $221,473,000 shall be available 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, 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: Provided further, That the Chief 

Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not more than 

60 days from the date of enactment of this Act, an expenditure plan 

for all information technology projects that: (1) are funded by the 

‘‘Office of the Chief Information Officer’’, or (2) are funded by multiple components of the Department of Homeland Security through 

reimbursable agreements: Provided further, That such expenditure 

plan shall include each specific project funded, key milestones, all 

funding sources for each project, details of annual and lifecycle 

costs, and projected cost savings or cost avoidance to be achieved by 

the project: Provided further, That the Chief Information Officer 

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shall submit to the Committees on Appropriations of the Senate and 

the House of Representatives, not more than 180 days from the date 

of enactment of this Act, a report that has been approved by the Office of Management and Budget and reviewed by the Government 

Accountability Office that includes: (1) an enterprise architecture, 

(2) an Information Technology Human Capital Plan, (3) a capital 

investment plan for implementing the enterprise architecture, and 

(4) a description of the information technology capital planning and 

investment control process. 

ANALYSIS AND OPERATIONS

For necessary expenses for information analysis and operations 

coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. et seq.), $255,495,000, to remain available until September 30, 2007. 

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.), $83,017,000, 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 

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), 

$340,000,000, to remain available until expended: Provided, That of 

the total amount made available under this heading, $159,658,000 

may not 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 7; 

(2) complies with the Department of Homeland Security information systems enterprise architecture; 

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; 

(4) includes a certification by the Chief Information Officer 

of the Department of Homeland Security that an independent 

verification and validation agent is currently under contract for 

the project; 

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(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and 

(6) is reviewed by the Government Accountability 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; $4,826,323,000; 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 

section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 

9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland 

Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

$45,000 shall be for official reception and representation expenses; 

of which not less than $163,560,000 shall be for Air and Marine 

Operations; 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 Secretary of Homeland Security: Provided, That for fiscal year 2006, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 

267(c)(1)) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act may be 

available to compensate any employee of United States Customs and 

Border Protection for overtime, from whatever source, in an amount 

that exceeds such limitation, except in individual cases determined 

by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further, That of the total amount provided, $10,000,000 may not be obligated until the Secretary submits to the Committees on Appropriations of the Senate and the House of Representatives all required reports related to air and marine operations: 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 seven 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, $456,000,000, to remain available until expended, of which 

not less than $320,000,000 shall be for the development of the AutoVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR241.XXX HR241
5 

mated Commercial Environment: Provided, That none of the funds 

made available 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 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 7; 

(2) complies with the Department of Homeland Security information systems enterprise architecture; 

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; 

(4) includes a certification by the Chief Information Officer 

of the Department of Homeland Security that an independent 

verification and validation agent is currently under contract for 

the project; 

(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and 

(6) is reviewed by the Government Accountability Office. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For necessary expenses for the operations, maintenance, and 

procurement of marine vessels, aircraft, unmanned aerial vehicles, 

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 Department of 

Homeland Security; and at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and 

local agencies in other law enforcement and emergency humanitarian efforts, $400,231,000, 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 United States Customs and Border Protection 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 

2006 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, 

$270,000,000, to remain available until expended: Provided, That of 

the total amount provided under this heading, $35,000,000 shall be 

available for the San Diego sector fence; $35,000,000 shall be availVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00005 Fmt 6659 Sfmt 6603 E:\HR\OC\HR241.XXX HR241
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able for Tucson sector tactical infrastructure; and $26,000,000 shall 

be available for the Advanced Training Center. 

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations; and purchase and lease of up to 2,740 (2,000 for replacement only) policetype vehicles; $3,108,499,000, of which not to exceed $7,500,000 

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 Secretary of Homeland Security; of which not less than $102,000 shall be for promotion of public awareness of the child pornography tipline; of 

which not less than $203,000 shall be for Project Alert; of which not 

less than $5,000,000 may be used to facilitate agreements consistent 

with section 287(g) of the Immigration and Nationality Act (8 

U.S.C. 1357(g)); and of which not to exceed $11,216,000 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 made available 

under this heading shall be available to compensate any employee 

for overtime in an annual amount in excess of $35,000, except that 

the Secretary of Homeland Security, or the designee of the Secretary, 

may waive that amount as necessary for national security purposes 

and in cases of immigration emergencies: Provided further, That of 

the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor in fiscal year 2006, of which 

not to exceed $6,000,000 shall remain available until expended: Provided further, That of the amounts appropriated, $5,000,000 shall 

not be available for obligation until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate 

and the House of Representatives a national detention management 

plan, including the use of regional detention contracts and alternatives to detention. 

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this ac- count, not to exceed $487,000,000, shall be available until expended 

for necessary expenses related to the protection of federally-owned 

and leased buildings and for the operations of the Federal Protective Service. 

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $40,150,000, to remain available until expended: 

Provided, That none of the funds made available under this heading may be obligated 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: 

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(1) meets the capital planning and investment control review requirements established by the Office of Management and 

Budget, including Circular A–11, part 7; 

(2) complies with the Department of Homeland Security information systems enterprise architecture; 

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; 

(4) includes a certification by the Chief Information Officer 

of the Department of Homeland Security that an independent 

verification and validation agent is currently under contract for 

the project; 

(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and 

(6) is reviewed by the Government Accountability Office. 

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, 

$26,546,000, 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; 49 U.S.C. 40101 note), $4,607,386,000, to remain 

available until September 30, 2007, of which not to exceed $3,000 

shall be for official reception and representation expenses: Provided, 

That of the total amount made available under this heading, not to 

exceed $3,605,438,000 shall be for screening operations, of which 

$175,000,000 shall be available only for procurement of checked 

baggage explosive detection systems and $45,000,000 shall be available only for installation of checked baggage explosive detection systems; and not to exceed $1,001,948,000 shall be for aviation 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 

and shall be available only for aviation security: 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 2006, so as to result in a final fiscal year 

appropriation from the General Fund estimated at not more than 

$2,617,386,000: Provided further, That any security service fees collected in excess of the amount made available under this heading 

shall become available during fiscal year 2007: Provided further, 

That notwithstanding section 44923 of title 49, United States Code, 

the share of the cost of the Federal Government for a project under 

any letter of intent shall be 75 percent for any medium or large hub 

airport and 90 percent for any other airport, and all funding provided by section 44923(h) of title 49 United States Code, or from appropriations authorized under section 44923(i)(1) of title 49 United 

8 

States Code, may be distributed in any manner deemed necessary 

to ensure aviation security and to fulfill the Government’s planned 

cost share under existing letters of intent: Provided further, That 

heads of Federal agencies and commissions shall not be exempt 

from Federal passenger and baggage screening: Provided further, 

That reimbursement for security services and related equipment and 

supplies provided in support of general aviation access to the Ronald Reagan Washington National Airport shall be credited to this 

appropriation and shall be available until expended solely for these 

purposes: 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. 

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $36,000,000, to remain available until September 30, 2007. 

TRANSPORTATION VETTING AND CREDENTIALING

For necessary expenses for the development and implementation 

of screening programs of the Office of Transportation Vetting and 

Credentialing, $74,996,000, to remain available until September 30, 

2007. 

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence pursuant to the Aviation and Transportation Security Act 

(Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 

$510,483,000, to remain available until September 30, 2007: Provided, That of the funds appropriated under this heading, 

$5,000,000 may not be obligated until the Secretary submits to the 

Committees on Appropriations of the Senate and the House of Representatives: (1) a plan for optimally deploying explosive detection 

equipment, either in-line or to replace explosive trace detection machines, at the Nation’s airports on a priority basis to enhance security, reduce Transportation Security Administration staffing requirements, and reduce long-term costs; and (2) a detailed expenditure plan for explosive detection systems procurement and installations on an airport-by-airport basis for fiscal year 2006: Provided 

further, That these plans shall be submitted no later than 60 days 

from the date of enactment of this Act. 

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, 

$686,200,000. 

UNITED STATES COAST GUARD

OPERATING EXPENSES

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses for the operation and maintenance of the 

United States Coast Guard not otherwise provided for; purchase or 

9 

lease of not to exceed 25 passenger motor vehicles, which shall be 

for replacement only; payments pursuant to section 156 of Public 

Law 97–377 (42 U.S.C. 402 note); and recreation and welfare; 

$5,492,331,000, of which $1,200,000,000 shall be for defense-related 

activities; of which $24,500,000 shall be derived from the Oil Spill 

Liability Trust Fund to carry out the purposes of section 1012(a)(5) 

of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which 

not to exceed $3,000 shall be for official reception and representation expenses: Provided, That none of the funds made available 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 made available by this Act 

shall be 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. 

In addition, of the funds appropriated under this heading in 

Public Law 108–11 (117 Stat. 583), $15,103,569 are rescinded. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the United States Coast Guard 

under chapter 19 of title 14, United States Code, $12,000,000, to remain available until expended. 

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program; 

personnel and training costs; and equipment and services; 

$119,000,000. 

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; $1,141,800,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

U.S.C. 2712(a)(5)); of which $18,500,000 shall be available until 

September 30, 2010, to acquire, repair, renovate, or improve vessels, 

small boats, and related equipment; of which $20,000,000 shall be 

available until September 30, 2010, to increase aviation capability; 

of which $65,000,000 shall be available until September 30, 2008, 

for other equipment; of which $31,700,000 shall be available until 

September 30, 2008, for shore facilities and aids to navigation facilities; of which $73,500,000 shall be available for personnel compensation and benefits and related costs; and of which $933,100,000 

shall be available until September 30, 2010, 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, 2008: Provided further, That the Secretary of Homeland 

Security shall submit to the Committees on Appropriations of the 

10 

Senate and the House of Representatives, in conjunction with the 

President’s fiscal year 2007 budget, a review of the Revised Deepwater Implementation Plan that identifies any changes to the plan 

for the fiscal year; an annual performance comparison of Deepwater 

assets to pre-Deepwater legacy assets; a status report of legacy assets; a detailed explanation of how the costs of legacy assets are 

being accounted for within the Deepwater program; an explanation 

of why many assets that are elements of the Integrated Deepwater 

System are not accounted for within the Deepwater appropriation 

under this heading; a description of the competitive process conducted in all contracts and subcontracts exceeding $5,000,000 within the Deepwater program; a description of how the Coast Guard is 

planning for the human resource needs of Deepwater assets; and the 

earned value management system gold card data for each Deepwater asset: Provided further, That the Secretary shall submit to the 

Committees on Appropriations of the Senate and the House of Representatives a comprehensive review of the Revised Deepwater Implementation Plan every five years, beginning in fiscal year 2011, 

that includes a complete projection of the acquisition costs and 

schedule for the duration of the plan through fiscal year 2027: Provided further, That the Secretary shall annually submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget is submitted under 

section 1105(a) of title 31, a future-years capital investment plan for 

the Coast Guard that identifies for each capital budget line item— 

(1) the proposed appropriation included in that budget; 

(2) the total estimated cost of completion; 

(3) projected funding levels for each fiscal year for the next 

five fiscal years or until project completion, whichever is earlier; 

(4) an estimated completion date at the projected funding 

levels; and 

(5) changes, if any, in the total estimated cost of completion 

or estimated completion date from previous future-years capital 

investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives: 

Provided further, That the Secretary shall ensure that amounts 

specified in the future-years capital investment plan are consistent 

to the maximum extent practicable with proposed appropriations 

necessary to support the programs, projects, and activities of the 

Coast Guard in the President’s budget as submitted under section 

1105(a) of title 31 for that fiscal year: Provided further, That any 

inconsistencies between the capital investment plan and proposed 

appropriations shall be identified and justified. 

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive 

bridges, as authorized by section 6 of the Truman-Hobbs Act (33 

U.S.C. 516), $15,000,000, to remain available until expended. 

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; $17,750,000, to remain available until expended, of which 

$2,000,000 shall be derived from the Oil Spill Liability Trust Fund 

11 

to carry out the purposes of section 1012(a)(5) of the Oil Pollution 

Act of 1990 (33 U.S.C. 2712(a)(5)): 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, concurrent receipts and combat-related special compensation under the National 

Defense Authorization Act, and payments for medical care of retired 

personnel and their dependents under chapter 55 of title 10, United 

States Code, $1,014,080,000. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, including purchase of not to exceed 614 vehicles for police-type use, 

which shall be for replacement only, and hire of passenger motor vehicles; purchase of American-made motorcycles; hire of aircraft; 

services of expert witnesses at such rates as may be determined by 

the Director of the Secret Service; 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 requires an employee to work 16 hours per day or to remain overnight at a 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; 

$1,208,310,000, 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 $2,389,000 shall be for forensic and related support of investigations of missing and exploited children; and of which 

$5,500,000 shall be a grant for activities related to the investigations of missing and 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, 2007: Provided further, That of the total amount appropriated, not less than 

$2,500,000 shall be available solely for the unanticipated costs related to security operations for National Special Security Events, to 

remain available until September 30, 2007: Provided further, That 

12 

the United States Secret Service is authorized to obligate funds in 

anticipation of reimbursements from Federal 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. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, al- teration, and improvement of facilities, $3,699,000, to remain available until expended. 

TITLE III—PREPAREDNESS AND RECOVERY 

PREPAREDNESS 

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Preparedness, the Office of the Chief Medical Officer, and the Office of National Capital Region Coordination, $16,079,000: Provided, That not to exceed $7,000 shall be for official reception and 

representation expenses. 

OFFICE FOR DOMESTIC PREPAREDNESS

SALARIES AND EXPENSES

For necessary expenses for the Office for Domestic Preparedness, $5,000,000. 

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, 

$2,501,300,000, which shall be allocated as follows: (1) $550,000,000 for formula-based grants and $400,000,000 for law enforcement terrorism prevention grants 

pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C. 

3714): Provided, That the application for grants shall be made 

available to States within 45 days from the date of enactment 

of this Act; that States shall submit applications within 90 days 

after the grant announcement; and that the Office for Domestic 

Preparedness shall act within 90 days after receipt of an application: Provided further, That no less than 80 percent of any 

grant under this paragraph to a State shall be made available 

by the State to local governments within 60 days after the receipt of the funds. 

(2) $1,155,000,000 for discretionary grants, as determined 

by the Secretary of Homeland Security, of which— 

(A) $765,000,000 shall be for use in high-threat, highdensity urban areas: Provided, That $25,000,000 shall be 

available until expended for assistance to organizations (as 

described under section 501(c)(3) of the Internal Revenue 

Code of 1986 and exempt from tax section 501(a) of such 

13 

Code) determined by the Secretary to be at high-risk of 

international terrorist attack, and that these determinations shall not be delegated to any Federal, State, or local 

government official: Provided further, That the Secretary 

shall certify to the Committees on Appropriations of the 

Senate and the House of Representatives the threat to each 

designated tax exempt grantee at least 3 full business days 

in advance of the announcement of any grant award; (B) $175,000,000 shall be for port security grants pursuant to the purposes of 46 United States Code 70107(a) 

through (h), which shall be awarded based on risk and 

threat notwithstanding subsection (a), for eligible costs as 

defined in subsections (b)(2)–(4); (C) $5,000,000 shall be for trucking industry security 

grants; (D) $10,000,000 shall be for intercity bus security 

grants; (E) $150,000,000 shall be for intercity passenger rail 

transportation (as defined in section 24102 of title 49, 

United States Code), freight rail, and transit security 

grants; and (F) $50,000,000 shall be for buffer zone protection 

grants: 

Provided, That for grants under subparagraph (A), the application for grants shall be made available to States within 45 days 

from the date of enactment of this Act; that States shall submit 

applications within 90 days after the grant announcement; and 

that the Office for Domestic Preparedness shall act within 90 

days after receipt of an application: Provided further, That no 

less than 80 percent of any grant under this paragraph to a 

State shall be made available by the State to local governments 

within 60 days after the receipt of the funds. (3) $50,000,000 shall be available for the Commercial 

Equipment Direct Assistance Program. 

(4) $346,300,000 for training, exercises, technical assistance, and other programs: 

Provided, That none of the grants provided under this heading 

shall be used for the construction or renovation of facilities, except 

for a minor perimeter security project, not to exceed $1,000,000, as 

determined necessary by the Secretary of Homeland Security: Provided further, That the proceeding proviso shall not apply to grants 

under subparagraphs (B), (E), and (F) of paragraph (2) of this 

heading: Provided further, That grantees shall provide additional 

reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided further, That funds appropriated for law enforcement terrorism prevention grants under paragraph (1) and discretionary grants under paragraph (2)(A) 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: Provided further, That 

in accordance with the Department’s implementation plan for 

Homeland Security Presidential Directive 8, the Office for Domestic 

Preparedness shall issue the final National Preparedness Goal no 

later than December 31, 2005; and no funds provided under paragraphs (1) and (2)(A) shall be awarded to States that have not subVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00013 Fmt 6659 Sfmt 6603 E:\HR\OC\HR241.XXX HR241
14 

mitted to the Office for Domestic Preparedness an updated State 

homeland strategy based on the interim National Preparedness 

Goal, dated March 31, 2005: Provided further, That the Government 

Accountability Office shall review the validity of the threat and risk 

factors used by the Secretary for the purposes of allocating discretionary grants funded under this heading, and the application of 

those factors in the allocation of funds, and report to the Committees on Appropriations of the Senate and the House of Representatives on the findings of its review by November 17, 2005: Provided 

further, That within seven days from the date of enactment of this 

Act, the Secretary shall provide the Government Accountability Office with the threat and risk methodology and factors that will be 

used to allocate discretionary grants funded under this heading. 

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

$655,000,000, of which $545,000,000 shall be available to carry out 

section 33 (15 U.S.C. 2229) and $110,000,000 shall be available to 

carry out section 34 (15 U.S.C. 2229a) of such Act, to remain available until September 30, 2007: Provided, That not to exceed 5 percent of this amount shall be available for program administration. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance 

grants, as authorized by the National Flood Insurance Act of 1968 

(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.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $185,000,000: Provided, That total administrative costs shall not exceed 3 percent of 

the total appropriation. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2006, as authorized in title III of the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), 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, 2006, and remain available until expended. 

UNITED STATES FIRE ADMINISTRATION AND TRAINING

For necessary expenses of the United States Fire Administration 

and for other purposes, as authorized by 15 U.S.C. 2201 et seq. and 

6 U.S.C. 101 et seq., $44,948,000. 

15 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of 

the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

$625,499,000, of which $542,157,000 shall remain available until 

September 30, 2007. 

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 respond to unexpected threats or acts of terrorism, including payment of rewards in 

connection with these activities, $2,000,000, 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. 

FEDERAL EMERGENCY MANAGEMENT AGENCY 

ADMINISTRATIVE AND REGIONAL OPERATIONS

For necessary expenses for administrative and regional operations, $221,240,000, including activities authorized by the National Flood Insurance Act of 1968 (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. 

PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

For necessary expenses for preparedness, mitigation, response, 

and recovery activities, $204,058,000, including activities authorized by the National Flood Insurance Act of 1968 (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 made available under this heading, 

$20,000,000 shall be for Urban Search and Rescue Teams, of which 

not to exceed $1,600,000 may be made available for administrative 

costs. 

16 

PUBLIC HEALTH PROGRAMS

For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $34,000,000. 

DISASTER RELIEF

For necessary expenses in carrying out the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

seq.), $1,770,000,000, to remain available until expended. 

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), 

$567,000: 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). 

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. 4001 et seq.), not to exceed $36,496,000 for salaries and 

expenses associated with flood mitigation and flood insurance operations; not to exceed $40,000,000 for financial assistance under section 1361A of such Act to States and communities for taking actions 

under such section with respect to severe repetitive loss properties, 

to remain available until expended; not to exceed $10,000,000 for 

mitigation actions under section 1323 of such Act; and not to exceed 

$99,358,000 for flood hazard mitigation, to remain available until 

September 30, 2007, including up to $40,000,000 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, 2007, 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 2006, no funds in excess of: (1) 

$55,000,000 for operating expenses; (2) $660,148,000 for commissions and taxes of agents; and (3) $30,000,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund. 

17 

NATIONAL FLOOD MITIGATION 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), $40,000,000, to remain 

available until September 30, 2007, for activities designed to reduce 

the risk of flood damage to structures pursuant to such Act, of 

which $40,000,000 shall be derived from the National Flood Insurance Fund. 

NATIONAL PREDISASTER MITIGATION FUND

For a predisaster mitigation grant program under title II of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5131 et seq.), $50,000,000, to remain available until expended: Provided, That grants made for predisaster mitigation 

shall be awarded on a competitive basis subject to the criteria in 

section 203(g) of such Act (42 U.S.C. 5133(g)), and notwithstanding 

section 203(f) of such Act, 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. 

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. 

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND 

SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration services, 

$115,000,000: Provided, That the Director of United States Citizenship and Immigration Services shall submit to the Committees on 

Appropriations of the Senate and the House of Representatives a report on its information technology transformation efforts and how 

these efforts align with the enterprise architecture standards of the 

Department of Homeland Security within 90 days from the date of 

enactment of this Act. 

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 mobile phones 

18 

for official duties; and services as authorized by section 3109 of title 

5, United States Code; $194,000,000, of which up to $42,119,000 for 

materials and support costs of Federal law enforcement basic training shall remain available until September 30, 2007; and of which 

not to exceed $12,000 shall be for official reception and representation expenses: Provided, 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. 

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, $88,358,000, 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. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the 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.), $81,099,000: 

Provided, That not to exceed $3,000 shall be for official reception 

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for 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.); 

$1,420,997,000, to remain available until expended: Provided, That 

of the total amount provided under this heading, $23,000,000 is 

available to select a site for the National Bio and Agrodefense Facility and perform other pre-construction activities to establish research capabilities to protect animal and public health from high 

consequence animal and zoonotic diseases in support of Homeland 

Security Presidential Directives 9 and 10: Provided further, That of 

the amount provided under this heading, $318,014,000 shall be for 

activities of the Domestic Nuclear Detection Office, of which 

$125,000,000 shall be for the purchase and deployment of radiation 

portal monitors for United States ports of entry and of which no less 

than $81,000,000 shall be for radiological and nuclear research and 

development activities: Provided further, That excluding the funds 

made available under the preceding proviso for radiation portal 

monitors, $144,760,500 of the total amount made available under 

this heading for the Domestic Nuclear Detection Office shall not be 

obligated until the Committees on Appropriations of the Senate and 

the House of Representatives receive and approve an expenditure 

plan for the Domestic Nuclear Detection Office: Provided further, 

19 

That the expenditure plan shall include funding by program, 

project, and activity for each of fiscal years 2006 through 2010 prepared by the Secretary of Homeland Security that has been reviewed 

by the Government Accountability Office. 

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 appropriations Acts to the agencies in or transferred to 

the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2006, 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; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or House of 

Representatives for a different purpose; or (5) contracts out any 

functions or activities for which funds have been appropriated for 

Federal full-time equivalent positions; unless the 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 

appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or 

expenditure in fiscal year 2006, 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 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 appropriations Acts may be 

transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased by 

20 

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. 

(d) Notwithstanding subsections (a), (b), and (c) of this section, 

no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances 

which imminently threaten the safety of human life or the protection 

of property. 

(e) Hereafter, notwithstanding any other provision of law, notifications pursuant to this section or any other authority for reprogramming or transfer of funds shall be made solely to the Committees on Appropriations of the Senate and the House of Representatives. 

SEC. 504. None of the funds appropriated or otherwise made 

available to the Department of Homeland Security may be used to 

make payments to the ‘‘Department of Homeland Security Working 

Capital Fund’’, except for the activities and amounts allowed in section 6024 of Public Law 109–13, excluding the Homeland Secure 

Data Network: Provided, That any additional activities and 

amounts must be approved by the Committees on Appropriations of 

the Senate and the House of Representatives 30 days in advance of 

obligation. 

SEC. 505. Except as otherwise specifically provided by law, not 

to exceed 50 percent of unobligated balances remaining available at 

the end of fiscal year 2006 from appropriations for salaries and expenses for fiscal year 2006 in this Act shall remain available 

through September 30, 2007, 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. 506. 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 2006 until the enactment of an Act 

authorizing intelligence activities for fiscal year 2006. 

SEC. 507. The Federal Law Enforcement Training Center shall 

lead the Federal law enforcement training accreditation process, to 

include representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement 

training programs, facilities, and instructors. 

SEC. 508. None of the funds in this Act may be used to make 

a grant allocation, discretionary grant award, discretionary contract 

award, or to issue a letter of intent totaling in excess of $1,000,000, 

or to announce publicly the intention to make such an award, unless the Secretary of Homeland Security notifies the Committees on 

Appropriations of the Senate and the House of Representatives at 

least 3 full business days in advance: Provided, That no notification 

shall involve funds that are not available for obligation. 

21 

SEC. 509. Notwithstanding any other provision of law, no agency shall purchase, construct, 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. 510. The Director of the Federal Law Enforcement Training Center shall schedule basic and/or advanced law enforcement 

training at all four training facilities under the control of the Federal Law Enforcement Training Center to ensure that these training 

centers are operated at the highest capacity throughout the fiscal 

year. 

SEC. 511. None of the funds appropriated or otherwise made 

available by this Act may be used for expenses of any construction, 

repair, alteration, or acquisition project for which a prospectus, if 

required by the Public Buildings Act of 1959 (40 U.S.C. 3301), 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. 512. 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. 513. The Secretary of Homeland Security shall take all actions necessary to ensure that the Department of Homeland Security 

is in compliance with the second proviso of section 513 of Public 

Law 108–334 and shall report to the Committees on Appropriations 

of the Senate and House of Representatives biweekly beginning on 

October 1, 2005, on any reasons for non-compliance: Provided, That, 

furthermore, the Secretary shall take all possible actions, including 

the procurement of certified systems to inspect and screen air cargo 

on passenger aircraft, to increase the level of air cargo inspected beyond that mandated in section 513 of Public Law 108–334 and 

shall report to the Committees on Appropriations of the Senate and 

the House of Representatives every six months on the actions taken 

and the percentage of air cargo inspected at each airport. 

SEC. 514. Notwithstanding section 3302 of title 31, United 

States Code, for fiscal year 2006 and thereafter, the Administrator 

of the Transportation Security Administration may impose a reasonable charge for the lease of real and personal property to Transportation Security Administration employees and for use by Transportation Security Administration employees and may credit 

amounts received to the appropriation or fund initially charged for 

operating and maintaining the property, which amounts shall be 

available, without fiscal year limitation, for expenditure for property 

management, operation, protection, construction, repair, alteration, 

and related activities. 

SEC. 515. For fiscal year 2006 and thereafter, the acquisition 

management system of the Transportation Security Administration 

shall apply to the acquisition of services, as well as equipment, supplies, and materials. 

SEC. 516. Notwithstanding any other provision of law, the authority of the Office of Personnel Management to conduct personnel 

22 

security and suitability background investigations, update investigations, and periodic reinvestigations of applicants for, or appointees in, positions in the Office of the Secretary and Executive 

Management, the Office of the Under Secretary for Management, 

Analysis and Operations, Immigration and Customs Enforcement, 

Directorate for Preparedness, and the Directorate of Science and 

Technology of the Department of Homeland Security is transferred 

to the Department of Homeland Security: Provided, That on request 

of the Department of Homeland Security, the Office of Personnel 

Management shall cooperate with and assist the Department in any 

investigation or reinvestigation under this section: Provided further, 

That this section shall cease to be effective at such time as the President has selected a single agency to conduct security clearance investigations pursuant to section 3001(c) of the Intelligence Reform 

and Terrorism Prevention Act of 2004 (Public Law 108–458; 50 

U.S.C. 435b) and the entity selected under section 3001(b) of such 

Act has reported to Congress that the agency selected pursuant to 

such section 3001(c) is capable of conducting all necessary investigations in a timely manner or has authorized the entities within the 

Department of Homeland Security covered by this section to conduct 

their own investigations pursuant to section 3001 of such Act. 

SEC. 517. Hereafter, notwithstanding any other provision of 

law, funds appropriated under paragraphs (1) and (2) of the State 

and Local Programs heading under title III of this Act are exempt 

from section 6503(a) of title 31, United States Code. 

SEC. 518. (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 Secure Flight program or any 

other follow on or successor passenger prescreening programs, until 

the Secretary of Homeland Security certifies, and the Government 

Accountability Office reports, to the Committees on Appropriations 

of the Senate and the House of Representatives, that all ten of the 

elements contained in paragraphs (1) through (10) of section 522(a) 

of Public Law 108–334 (118 Stat. 1319) have been successfully met. 

(b) The report required by subsection (a) shall be submitted 

within 90 days after the certification required by such subsection is 

provided, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten elements have been 

successfully met. 

(c) During the testing phase permitted by subsection (a), 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, except in instances where passenger names are matched to a Government watch 

list. 

(d) None of the funds provided in this or previous appropriations Acts may be utilized to develop or test algorithms assigning 

risk to passengers whose names are not on Government watch lists. 

(e) None of the funds provided in this or previous appropriations Acts may be utilized for data or a database that is obtained 

from or remains under the control of a non-Federal entity: Provided, 

That this restriction shall not apply to Passenger Name Record data 

obtained from air carriers. 

23 

SEC. 519. None of the funds made available in this Act may be 

used to amend the oath of allegiance required by section 337 of the 

Immigration and Nationality Act (8 U.S.C. 1448). 

SEC. 520. None of the funds appropriated by this Act may be 

used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 1, 

2004, by employees (including employees serving on a temporary or 

term basis) of United States Citizenship and Immigration Services 

of the Department of Homeland Security who are known as of that 

date as Immigration Information Officers, Contact Representatives, 

or Investigative Assistants. 

SEC. 521. None of the funds appropriated by this Act shall be 

available to maintain the United States Secret Service as anything 

but a distinct entity within the Department of Homeland Security 

and shall not be used to merge the United States Secret Service with 

any other department function, cause any personnel and operational 

elements of the United States Secret Service to report to an individual other than the Director of the United States Secret Service, 

or cause the Director to report directly to any individual other than 

the Secretary of Homeland Security. 

SEC. 522. None of the funds appropriated to the United States 

Secret Service by this Act or by previous appropriations Acts may 

be made available for the protection of the head of a Federal agency 

other than the Secretary of Homeland Security: Provided, That the 

Director of the United States Secret Service may enter into an agreement to perform such service on a fully reimbursable basis. 

SEC. 523. The Department of Homeland Security processing 

and data storage facilities at the John C. Stennis Space Center 

shall hereafter be known as the ‘‘National Center for Critical Information Processing and Storage’’. 

SEC. 524. The Secretary, in consultation with industry stakeholders, shall develop standards and protocols for increasing the 

use of explosive detection equipment to screen air cargo when appropriate. 

SEC. 525. The Transportation Security Administration (TSA) 

shall utilize existing checked baggage explosive detection equipment 

and screeners to screen cargo carried on passenger aircraft to the 

greatest extent practicable at each airport: Provided, That beginning 

with November 2005, TSA shall provide a monthly report to the 

Committees on Appropriations of the Senate and the House of Representatives detailing, by airport, the amount of cargo carried on 

passenger aircraft that was screened by TSA in August 2005 and 

each month thereafter. 

SEC. 526. None of the funds available for obligation for the 

transportation worker identification credential program shall be 

used to develop a personalization system that is decentralized or a 

card production capability that does not utilize an existing government card production facility: Provided, That no funding can be obligated for the next phase of production until the Committees on Appropriations of the Senate and the House of Representatives have 

been fully briefed on the results of the prototype phase and agree 

that the program should move forward. 

SEC. 527. (a) From the unexpended balances of the United 

States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ 

account specifically identified in the Joint Explanatory Statement 

24 

(House Report 108–10) accompanying Public Law 108–7 for the 

110–123 foot patrol boat upgrade, the Joint Explanatory Statement 

(House Report 108–280) accompanying Public Law 108–90 for the 

Fast Response Cutter/110–123 foot patrol boat conversion, and in 

the Joint Explanatory Statement (House Report 108–774) accompanying Public Law 108–334 for the Integrated Deepwater System 

patrol boats 110–123 foot conversion, $78,630,689 are rescinded. 

(b) For necessary expenses of the United States Coast Guard for 

‘‘Acquisition, Construction, and Improvements’’, an additional 

$78,630,689, to remain available until September 30, 2009, for the 

service life extension program of the current 110-foot Island Class 

patrol boat fleet and accelerated design and production of the Fast 

Response Cutter. 

SEC. 528. The Secretary of Homeland Security shall utilize the 

Transportation Security Clearinghouse as the central identity management system for the deployment and operation of the registered 

traveler program and the transportation worker identification credential program for the purposes of collecting and aggregating biometric data necessary for background vetting; providing all associated record-keeping, customer service, and related functions; ensuring interoperability between different airports and vendors; and acting as a central activation, revocation, and transaction hub for participating airports, ports, and other points of presence. 

SEC. 529. None of the funds made available in this Act may be 

used by any person other than the privacy officer appointed pursuant to section 222 of the Homeland Security Act of 2002 (6 U.S.C. 

142) to alter, direct that changes be made to, delay, or prohibit the 

transmission to Congress of any report prepared pursuant to paragraph (5) of such section. 

SEC. 530. No funding provided by this or previous appropriation Acts shall be available to pay the salary of any employee serving as a contracting officer’s technical representative (COTR) or 

anyone acting in a similar or like capacity who has not received 

COTR training. 

SEC. 531. Except as provided in section 44945 of title 49, 

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’ and ‘‘Administration’’ in fiscal years 2004 and 2005 that are recovered or 

deobligated shall be available only for procurement and installation 

of explosive detection systems for air cargo, baggage, and checkpoint 

screening systems: Provided, That these funds shall be subject to 

section 503 of this Act. 

SEC. 532. Not later than 60 days from the date of the enactment 

of this Act, the Secretary of Homeland Security shall conduct a survey of all ports of entry in the United States and designate an airport as a port of entry in each State that does not have a port of 

entry. 

SEC. 533. Notwithstanding any other provision of law, the Secretary of Homeland Security shall consider eligible under the Federal Emergency Management Agency Public Assistance Program the 

costs sufficient to enable the city to repair and upgrade all damaged 

and undamaged elements of the Carnegie Library in the City of 

Paso Robles, California, which was damaged by the 2003 San 

Simeon earthquake, so that the library is brought into conformance 

with all local code requirements for new construction: Provided, 

25 

That the appropriate Federal share shall apply to approval for this 

project. 

SEC. 534. Notwithstanding any other provision of law, the Secretary of Homeland Security shall consider eligible under the Federal Emergency Management Agency Public Assistance Program 

costs for the damage to canals and wooden flumes, which was incurred during a 1996 storm and subsequent mudslide in El Dorado 

County, California, to the El Dorado Irrigation District, based on 

fifty percent of the costs of the Improved Project for the Mill Creek 

to Bull Creek tunnel proposed in a November 2001 Carleton Engineering Report: Provided, That the appropriate Federal share shall 

apply to approval for this project. 

SEC. 535. Notwithstanding any other provision of law, the Secretary of Homeland Security shall consider eligible under the Federal Emergency Management Agency Public Assistance Program the 

costs sufficient to enable replacement of research and education materials and library collections and for other non-covered losses at the 

University of Hawaii Manoa campus, Hawaii, resulting from an October 30, 2004, flood event. 

SEC. 536. Section 101(a)(15)(H)(ii)(a) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by striking ‘‘the Internal Revenue Code of 1954 and agriculture as defined 

in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

203(f)),’’ and inserting ‘‘the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act 

of 1938 (29 U.S.C. 203(f)), and the pressing of apples for cider on 

a farm,’’. 

SEC. 537. Using funds made available in this Act, the Secretary 

of Homeland Security shall provide that each office within the Department that handles documents marked as Sensitive Security Information (SSI) shall have at least one employee in that office with 

authority to coordinate and make determinations on behalf of the 

agency that such documents meet the criteria for marking as SSI: 

Provided, That not later than December 31, 2005, the Secretary 

shall submit to the Committees on Appropriations of the Senate and 

the House of Representatives: (1) Department-wide policies for designating, coordinating and marking documents as SSI; (2) Department-wide auditing and accountability procedures for documents 

designated and marked as SSI; (3) the total number of SSI Coordinators within the Department; and (4) the total number of staff authorized to designate SSI documents within the Department: Provided further, That not later than January 31, 2006, the Secretary 

shall provide to the Committees on Appropriations of the Senate 

and the House of Representatives the title of all DHS documents 

that are designated as SSI in their entirety during the period October 1, 2005, through December 31, 2005: Provided further, That not 

later than January 31 of each succeeding year, starting on January 

31, 2007, the Secretary shall provide annually a similar report to 

the Committees on Appropriations of the Senate and the House of 

Representatives on the titles of all DHS documents that are designated as SSI in their entirety during the period of January 1 

through December 31 for the preceding year: Provided further, That 

the Secretary shall promulgate guidance that includes common but 

extensive examples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) through (16) 

26 

and eliminates judgment by covered persons in the application of 

the SSI marking: Provided further, That such guidance shall serve 

as the primary basis and authority for the marking of DHS information as SSI by covered persons. 

SEC. 538. For grants to States pursuant to section 204(a) of the 

REAL ID Act of 2005 (Division B of Public Law 109–13), 

$40,000,000, to remain available until expended: Provided, That of 

the funds provided under this section, $34,000,000 may not be obligated or allocated for grants until the Committees on Appropriations of the Senate and the House of Representatives receive and approve an implementation plan for the responsibilities of the Department of Homeland Security under the REAL ID Act of 2005 (Division B of Public Law 109–13), including the proposed uses of the 

grant monies: Provided further, That of the funds provided under 

this section, not less than $6,000,000 shall be made available within 

60 days from the date of enactment of this Act to States for pilot 

projects on integrating hardware, software, and information management systems. 

SEC. 539. For activities related to the Department of Homeland 

Security Working Capital Fund, subsection (f) of section 403 of Public Law 103–356 (31 U.S.C. 501 note), is amended by striking ‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’. 

SEC. 540. For fiscal year 2006 and thereafter, notwithstanding 

section 553 of title 5, United States Code, the Secretary of Homeland Security shall impose a fee for any registered traveler program 

undertaken by the Department of Homeland Security by notice in 

the Federal Register, and may modify the fee from time to time by 

notice in the Federal Register: Provided, That such fees shall not exceed the aggregate costs associated with the program and shall be 

credited to the Transportation Security Administration registered 

traveler fee account, to be available until expended. 

SEC. 541. A person who has completed a security awareness 

training course approved by or operated under a cooperative agreement with the Department of Homeland Security using funds made 

available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an Information Sharing and Analysis Center, and who reports a situation, activity or incident pursuant to that program to 

an appropriate authority, shall not be liable for damages in any action brought in a Federal or State court which result from any act 

or omission unless such person is guilty of gross negligence or willful misconduct. 

SEC. 542. Of the unobligated balances available in the ‘‘Department of Homeland Security Working Capital Fund’’, $15,000,000 

are rescinded. 

SEC. 543. Of the unobligated balances from prior year appropriations made available for Transportation Security Administration ‘‘Aviation Security’’, $5,500,000 are rescinded. 

SEC. 544. Of funds made available for the United States Coast Guard in previous appropriations Acts, $6,369,118 are rescinded, as 

follows: (1) $499,489 provided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 105–277; (2) $87,097 

provided for ‘‘Coast Guard, Operating Expenses’’ in Public Law 

105–277; (3) $269,217 provided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 107–87; (4) $8,315 proVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\HR241.XXX HR241
27 

vided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 106–69; and (5) $5,505,000 for ‘‘Coast Guard, 

Acquisition, Construction, and Improvements’’ in Public Law 108– 

90. 

SEC. 545. Of the unobligated balances from prior year appropriations made available for the ‘‘Counterterrorism Fund’’, 

$8,000,000 are rescinded. 

SEC. 546. Of the unobligated balances from prior year appropriations made available for Science and Technology ‘‘Research, Development, Acquisition, and Operations’’, $20,000,000 are rescinded. 

SEC. 547. SECURITY SCREENING OPT-OUT PROGRAM. Section 

44920 of title 49, United States Code, is amended by adding at the 

end the following: 

‘‘(g) OPERATOR OF AIRPORT.—Notwithstanding any other provision of law, an operator of an airport shall not be liable for any 

claims for damages filed in State or Federal court (including a 

claim for compensatory, punitive, contributory, or indemnity damages) relating to— 

‘‘(1) such airport operator’s decision to submit an application to the Secretary of Homeland Security under subsection (a) 

or section 44919 or such airport operator’s decision not to submit an application; and 

‘‘(2) any act of negligence, gross negligence, or intentional 

wrongdoing by— 

‘‘(A) a qualified private screening company or any of its 

employees in any case in which the qualified private screening company is acting under a contract entered into with 

the Secretary of Homeland Security or the Secretary’s designee; or 

‘‘(B) employees of the Federal Government providing 

passenger and property security screening services at the 

airport. 

‘‘(3) Nothing in this section shall relieve any airport operator from liability for its own acts or omissions related to its 

security responsibilities, nor except as may be provided by the 

Support Anti-Terrorism by Fostering Effective Technologies Act 

of 2002 shall it relieve any qualified private screening company 

or its employees from any liability related to its own acts of negligence, gross negligence, or intentional wrongdoing.’’. 

SEC. 548. The weekly report required by Public Law 109–62 detailing the allocation and obligation of funds for ‘‘Disaster Relief’’ 

shall include: (1) detailed information on each allocation, obligation, or expenditure that totals more than $50,000,000, categorized 

by increments of not larger than $50,000,000; (2) the amount of 

credit card purchases by agency and mission assignment; (3) obligations, allocations, and expenditures, categorized by agency, by State, 

and for New Orleans, and by purpose and mission assignment; (4) 

status of the Disaster Relief Fund; and (5) specific reasons for all 

waivers granted and a description of each waiver: Provided, That 

the detailed information required by paragraph (1) shall include the 

purpose; whether the work will be performed by a governmental 

agency or a contractor; and, if the work is to be performed by a contractor, the name of the contractor, the type of contract let, and 

whether the contract is sole-source, full and open competition, or 

limited competition. 

28 

This Act may be cited as the ‘‘Department of Homeland Security 

Appropriations Act, 2006’’. 

And the Senate agree to the same. 

HAROLD ROGERS, 

ZACH WAMP, 

TOM LATHAM, 

JO ANN EMERSON, 

JOHN E. SWEENEY, 

JIM KOLBE, 

ERNEST J. ISTOOK, JR., 

RAY LAHOOD, 

ANDER CRENSHAW, 

JOHN R. CARTER, 

JERRY LEWIS, 

MARTIN OLAV SABO, 

DAVID E. PRICE, 

JOSE ́ E. SERRANO, 

LUCILLE ROYBAL-ALLARD, 

SANFORD D. BISHOP, 

CHET EDWARDS, 

Managers on the Part of the House. 

JUDD GREGG, THAD COCHRAN, TED STEVENS, ARLEN SPECTER, PETE DOMENICI, RICHARD SHELBY, LARRY CRAIG, 

ROBERT F. BENNETT, 

WAYNE ALLARD, ROBERT C. BYRD, 

DANIEL K. INOUYE, PATRICK J. LEAHY, 

BARBARA A. MIKULSKI, HERB KOHL, HARRY REID, DIANNE FEINSTEIN, Managers on the Part of the Senate. 

(29) 

JOINT EXPLANATORY STATEMENT 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the Senate to the bill (H.R. 2360), making appropriations for the Department of Homeland Security for the fiscal 

year ending September 30, 2006, and for other purposes, submit 

the following joint statement to the House and the Senate in explanation of the effects of the action agreed upon by the managers and 

recommended in the accompanying conference report. 

Senate Amendment. The Senate deleted the entire House bill 

after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill. Throughout the accompanying explanatory statement, the managers refer to the Committee and the Committees on Appropriations. Unless otherwise 

noted, in both instances, the managers are referring to the House 

Subcommittee on Homeland Security and the Senate Subcommittee 

on Homeland Security. 

The language and allocations contained in House Report 109– 

79 and Senate Report 109–83 should be complied with unless specifically addressed to the contrary in the conference report and 

statement of managers. The statement of managers, while repeating some report language for emphasis, does not intend to negate 

the language referred to above unless expressly provided herein. In 

cases where both the House and Senate reports address a particular issue not specifically addressed in the conference report or 

joint statement of managers, the conferees have determined that 

the House report and Senate report are not inconsistent and are 

to be interpreted accordingly. In cases where the House or Senate 

report directs the submission of a report, such report is to be submitted to both Committees on Appropriations. Further, in a number of instances, House Report 109–79 and Senate Report 109–83 

direct agencies to report to the Committees by specific dates. In 

those instances, and unless alternative dates are provided in the 

accompanying explanatory statement, agencies are directed to provide these reports to the Committees on Appropriations no later 

than February 10, 2006. 

CLASSIFIED PROGRAMS

Recommended adjustments to classified programs are addressed in a classified annex accompanying this report. 

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

The conferees agree to provide $79,409,000 instead of 

$113,139,000 as proposed by the House and $124,620,000 as proposed by the Senate. Funding shall be allocated as follows: 

30 

Immediate Office of the Secretary .................................................... $2,393,000 

Immediate Office of the Deputy Secretary ....................................... 1,132,000 

Chief of Staff ....................................................................................... 4,103,000 

Executive Secretary ............................................................................ 4,131,000 

Office of Policy .................................................................................... 20,713,000 

Office of Public Affairs ....................................................................... 8,312,000 

Office of Legislative and Intergovernmental Affairs ....................... 6,325,000 

Office of General Counsel .................................................................. 11,267,000 

Office of Civil Rights and Liberties .................................................. 13,000,000 

Citizenship and Immigration Services Ombudsman ....................... 3,652,000 

Privacy Officer .................................................................................... 4,381,000 

Total ............................................................................................. $79,409,000 

DHS REORGANIZATION

Since March 2005, the Department of Homeland Security 

(DHS) has been conducting an internal review of its policies, operations and organizational structure, known as the ‘‘Second Stage 

Review’’. On July 13, 2005, the Department announced a major reorganization that reflects the findings of this review. A budget 

amendment was submitted on July 21, 2005, requesting the appropriations structure be modified for fiscal year 2006 to reflect this 

reorganization proposal. For the most part, the conferees have complied with these requests. The conferees concur with the Department’s decision to abolish the Office of the Under Secretary for 

Border and Transportation Security (BTS); BTS functions have 

been merged into other offices and component agencies throughout 

the Department. The conferees have agreed to split the Directorate 

of Information Analysis and Infrastructure Protection into two new 

components—Analysis and Operations and the Preparedness Directorate—and move all State and local grants and associated activities to the new Preparedness Directorate. The conferees concur 

with the Secretary’s recommendation to transfer the Federal Air 

Marshals to the Transportation Security Administration. Finally, 

the conferees have included and expanded the roles and responsibilities of the Office of Policy. A more detailed discussion of this 

reorganization is contained under statement of managers language 

for each impacted office. 

NEW STAFF

The conferees agree to provide funding to support a total of 

seven new full-time equivalents (FTEs) requested in the budget, including one FTE in the Office of Policy to represent the United 

States at the European Union, two FTEs in Office of General Counsel, and four FTEs in the Privacy Office. The conferees have approved additional new FTEs for the Office of Security and the Office of National Capital Region Coordination elsewhere in this 

statement of managers, reflecting changes recommended as a result of the Secretary’s organizational restructuring plan submitted 

on July 13, 2005. The remaining FTEs requested in the budget 

have been denied due to a large number of unfilled positions in 

these individual offices. Except for the Privacy Office and the representative to the European Union, the conferees believe full-year 

funding is not necessary for salaries of employees who are not yet 

on-board. The conferees have provided half-year funding for new 

staff in fiscal year 2006. 

31 

The conferees, in agreeing to the Secretary’s organizational restructuring plan submitted on July 13, 2005, have moved additional staff from other agencies within the Department to various 

offices within the Office of the Secretary and Executive Management. These changes are discussed separately in each office. 

ANNUAL BUDGET JUSTIFICATIONS

For fiscal year 2007, the conferees direct that the Congressional budget justifications for all departmental offices be submitted in the same level of detail as the detailed table contained 

in the back of this report and in the accompanying classified annex. 

These justifications should include detailed data and explanatory 

statements in support of each appropriations request, including tables that detail each departmental office program, project, and activity for fiscal years 2006 and 2007. All funding and staffing 

changes for each individual office must be highlighted and explained, including separate discussions for personnel, compensation, and benefits; travel; training; and other services. The classified budget documents must be submitted at the same time as the 

unclassified budget. The justifications must be in compliance with 

section 1105(a) of title 31, including explicit information by appropriations account program, project, and activity on all reimbursable 

agreements and all uses of the Economy Act for each fiscal year. 

The budget justifications shall include a table identifying the last 

year that authorizing legislation was provided by Congress for each 

program, project, or activity; the amount of the authorization; and 

the appropriation in the last year of authorization. Finally, in accordance with section 6025 of Public Law 109–13, the Department 

is required to submit a complete budget justification for the Working Capital Fund. 

OFFICE OF POLICY

The conferees agree to provide $20,713,000 instead of 

$8,770,000 as proposed by the House and $7,258,000 as proposed 

by the Senate. The Secretary submitted a new organizational restructuring plan on July 13, 2005, which included major changes 

to the Office of Policy; the conference agreement reflects these 

changes. The conferees include the activities of the Special Assistant to the Secretary—Private Sector; Office of Immigration Statistics; 18 FTEs from the Office of the Under Secretary for BTS; and 

three FTEs from the Directorate of Information Analysis and Infrastructure Protection. The conferees have denied funding for the 

Operational Integration staff as part of this office or any other entity within DHS. 

STOLEN PASSPORTS

The conferees direct the Secretary to report on Departmental 

actions to prevent and stop the use of stolen passports, as directed 

in House Report 109–79, under the Office of the Under Secretary 

for Border and Transportation Security. 

32 

OFFICE OF SECURITY

Funding for the Office of Security is provided within the Under 

Secretary for Management, as requested in the Secretary’s organizational restructuring plan submitted on July 13, 2005. 

OFFICE OF NATIONAL CAPITAL REGION COORDINATION

Funding for the Office of National Capital Region Coordination 

is provided within the Preparedness Directorate, Management and 

Administration account as requested in the Secretary’s organizational restructuring plan submitted on July 13, 2005. 

OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS

The conferees agree to provide $6,325,000 instead of 

$5,500,000 as proposed by the House and $5,400,000 as proposed 

by the Senate. As proposed in the Secretary’s organizational restructuring plan submitted on July 13, 2005, six FTEs are transferred from the Office of State and Local Government Coordination 

and Preparedness, Management and Administration account, to the 

Office of Legislative Affairs for intergovernmental coordination activities. Within the funds provided, $5,400,000 is for legislative affairs and $925,000 is for intergovernmental operations. 

OPERATIONAL INTEGRATION STAFF

The conferees agree to provide no funding for the Operational 

Integration staff, as proposed by the Senate instead of $7,495,000 

as proposed by the House. The conferees note the new Office of Policy will perform many of the proposed activities of the Operational 

Integration staff. For those few functions not adequately covered by 

the new Policy Office, the conferees include three new FTEs within 

Analysis and Operations. These additional staff shall be located 

within the Homeland Security Operations Center to coordinate departmental activities. 

OFFICE OF THE PRIVACY OFFICER

The conferees agree to provide $4,381,000 for the Office of the 

Privacy Officer as proposed by the House instead of $3,981,000 as 

proposed by the Senate. This funding will support the hiring of four 

new FTEs. The conferees concur with House report language requiring the Secretary to instruct all DHS entities to respond to information and document requests from the Privacy Officer within 

the requested time frame. 

OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES

The conferees agree to provide $13,000,000 for the Office of 

Civil Rights and Civil Liberties and direct this office to hire ten additional staff to fulfill requirements of the Intelligence Reform and 

Terrorism Prevention Act (Public Law 108–458), as discussed in 

the Senate report. 

33 

REPORTING REQUIREMENTS

While DHS has made progress in submitting reports to the 

Committees on Appropriations, there are many that are still overdue. DHS is to improve its responsiveness to Congress and better 

monitor the status of reports requested in this statement of managers and previous House and Senate reports. For reports that cannot be issued by the due date, the conferees direct DHS to inform 

the Committees in a timely manner, explain the reason for the 

delay, and seek the concurrence of the Committees on a new 

issuance date. 

IMMIGRATION ENFORCEMENT

Both the House and Senate reports highlighted the alarming 

statistics regarding our Nation’s broken immigration system. In the 

context of threats facing our Nation, the disturbing growth in our 

illegal alien population shows immigration enforcement and border 

control are not succeeding. The conferees agree with the Sense of 

the Senate proviso expressed in section 519 of the Senate bill, 

which recognizes the reality of terrorists taking advantage of inadequate security along our border with Mexico, and the need for the 

Government of Mexico to improve border and security policies on 

its side of the border. The conferees include bill language directing 

the Secretary to develop a comprehensive immigration enforcement 

strategy that results in reducing the number of undocumented 

aliens in the United States by ten percent per year and direct that 

the strategy be in accordance with House Report 109–79. The funding is not contingent on the submission of this strategy to Congress 

as proposed by the House. Further, the conferees direct the report 

on the internal transport of illegal aliens requested in House Report 109–79 from the Under Secretary of Border and Transportation Security be included in the comprehensive immigration enforcement strategy report. 

The conferees direct the Secretary to assume responsibility for 

the joint report between DHS and the U.S. Department of Justice 

on reducing absconders required by Senate Report 109–83, and 

submit the report not later than February 10, 2006. 

CARGO CONTAINER SECURITY

The report submitted by the Department on June 9, 2005, was 

late and did not fully respond to directions of the statement of 

managers accompanying the conference report (H. Report 108–774) 

on the fiscal year 2005 Department of Homeland Security Appropriations Act (P.L. 108–334). The Department is directed to conduct 

the review again and submit a new report that fully complies with 

those requirements as soon as possible, but no later than February 

10, 2006. 

TRANSPORTATION SECURITY

In September 2005, the Department submitted its integrated 

strategic transportation security plan. With the recent events in 

London, it is even more critical the Department quickly begin to 

implement strategies outlined in this plan. The conferees direct the 

Secretary to update the Committees on Appropriations every six 

34 

months on what progress has been made to enhance transportation 

security as outlined in the plan. The first update is due March 1, 

2006. 

GENERAL AVIATION SECURITY

The Secretary, in coordination with the Secretary of Transportation, shall submit a report to the House and Senate Committees 

on Appropriations; the Senate Committee on Commerce, Science, 

and Transportation; the Senate Committee on Homeland Security 

and Government Affairs; and the House Committee on Homeland 

Security no later than 120 days from the date of enactment of this 

Act on the vulnerability posed to high-risk areas and facilities from 

general aviation aircraft that could be stolen or used as a weapon 

against those areas. Such areas to be considered include those with 

critical transportation infrastructure, nuclear facilities, military 

bases, and other highly populated areas with similarly situated 

critical infrastructure. The report shall include: an analysis of what 

security vulnerabilities exist at general aviation airports that 

would permit a general aviation aircraft to be stolen and used as 

a weapon; whether existing security precautions to prevent 

breaches of flight lines, perimeters, and aircraft are sufficient; and 

any additional security measures that could increase the security 

of general aviation aircraft and airports. 

CHEMICAL SECURITY

The conferees are pleased by the Department’s recent endorsement of mandatory security requirements for the chemical sector 

and believe enforceable Federal standards to protect against a terrorist attack on chemical facilities within the United States are 

necessary. Despite testimony from the Director of Central Intelligence that the chemical industrial infrastructure is vulnerable to 

a terrorist attack, no federal security measures have been established for the chemical sector. The Department has concluded that, 

from a regulatory perspective, the existing patchwork of authorities 

does not permit the effective regulation of the chemical industry. 

Yet, no legislation has been proposed by the Department to give it 

such authority. The conferees direct the Secretary to submit a report to the Committees on Appropriations by February 10, 2006, on 

the resources needed to implement mandatory security requirements for the Nation’s chemical sector and to create a system for 

auditing and ensuring compliance with the security standards. The 

report should also include a description of the security requirements and any reasons why the requirements should differ from 

those already in place for chemical facilities that operate in a port 

zone. 

AWARDING OF GRANTS

Consistent with the Senate report, the conferees direct the Department to submit a report by February 10, 2006, providing an expedited schedule for award of grant funds made available by this 

Act, and for any prior year funds that remain unobligated. For 

those grant funds awarded after March 30, 2006, the conferees direct the Department to submit a detailed explanation for the delay. 

35 

QUADRENNIAL HOMELAND SECURITY REVIEW

The conferees agree there are benefits for the Department of 

Homeland Security in conducting a Quadrennial Homeland Security Review similar to the quadrennial reviews conducted by the 

Department of Defense. The conferees encourage the Department 

to conduct such a review consistent with the terms and conditions 

listed in section 523(a) through (c) of the Senate bill. The review 

should be submitted to the House and Senate Committees on Appropriations, the Senate Committee on Homeland Security and 

Governmental Affairs, and the House Committee on Homeland Security no later than September 30, 2008. 

DATA MINING

The conferees continue to be concerned with the Department’s 

possible use or development of data-mining technology and direct 

the DHS Privacy Officer to submit a report consistent with the 

terms and conditions listed in section 528 of the Senate bill. 

WORKFORCE DIVERSITY

The conferees urge the Department to make every reasonable 

effort to ensure diversity in its workforce, procurement, and research partnerships. The conferees also urge the Department to 

strive to create partnerships and participation in the Centers of 

Excellence program by historically black colleges and universities, 

Hispanic-serving institutions, Alaska Native serving institutions 

and tribally-controlled colleges. 

BORDER AND TRANSPORTATION SECURITY REPORTING

The conferees agree to eliminate the requirement set forth in 

the House report for the Under Secretary for Border and Transportation Security (BTS) to report on the roles and responsibilities of 

BTS agencies. 

OFFICE OF SCREENING COORDINATION AND OPERATIONS

The conferees agree to provide $4,000,000 for the management 

and administration of the Office of Screening Coordination and Operations. The conferees do not agree to transfer United States Visitor and Immigrant Status Indicator Technology, Secure Flight, or 

any other program activities to this office. These activities are to 

remain separate and distinct and are funded under other appropriations in this Act. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

The conferees agree to provide $168,835,000 instead of 

$49,984,000 as proposed by the House and $146,322,000 as proposed by the Senate. Funding shall be allocated as follows: 

36 

Under Secretary for Management ..................................................... $1,687,000 

Office of Security ................................................................................ 51,278,000 

Business Transformation Office ........................................................ 1,880,000 

Office of the Chief Procurement Officer ........................................... 9,020,000 

Office of the Chief Human Capital Officer ....................................... 38,900,000 

Office of the Chief Administrative Officer ........................................ 66,070,000 

Total ............................................................................................. $168,835,000 

NEW STAFF

The conferees agree to provide funding to support a total of 71 

new full-time equivalents (FTEs), including 60 FTEs in the Office 

of Security, ten FTEs in the Office of Administration and one FTE 

for the Office of the Chief Human Capital Officer. Funding was not 

provided for the one new FTE requested by the Under Secretary 

for Management. The conferees believe full-year funding is not necessary for salaries of employees who are not yet on-board and instead have provided half-year funding for the new staff in fiscal 

year 2006. 

BUSINESS TRANSFORMATION OFFICE

The conferees agree to provide $1,880,000 for the Business Transformation Office instead of $948,000 as proposed by the 

House and $920,000 as proposed by the Senate. Funding levels reflect a transfer of seven FTEs from the Under Secretary for Border 

and Transportation Security, as requested in the Secretary’s organizational restructuring plan submitted on July 13, 2005. 

OFFICE OF THE CHIEF PROCUREMENT OFFICER

The conferees agree to provide $9,020,000 for the Office of the 

Chief Procurement Officer. As discussed in the Senate report, the 

conferees direct the Chief Procurement Officer to use the increased 

funding to hire and train qualified procurement officers, to report 

on the number of procurement officers in the Department, including each organization, for fiscal years 2004, 2005, and proposed for 

2006, and to provide an assessment of the adequacy of the numbers 

and training of those personnel. 

OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

The conferees agree to provide $38,900,000 instead of 

$61,951,000 as proposed by the House and $61,996,000 as proposed 

by the Senate. Within the funds provided, $8,900,000 is for salaries 

and expenses and $30,000,000 is for the new human resource management system, known as MAX–HR. As discussed in the Senate 

report, the conferees direct the Department to submit a report on 

the progress made to implement the MAX–HR system. In addition 

to the total funding available and needed for this program by year, 

the report shall list all contract obligations and expenditures by 

contractor by year, along with the purpose of the contract. 

OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER

The conferees agree to provide $66,070,000 instead of $66,356,000 as proposed by the House and $66,801,000 as proposed 

by the Senate. Within the funds provided, $40,000,000 is for salaVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00036 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
37 

ries and expenses and $26,070,000 is to consolidate and integrate 

headquarter operations at the Nebraska Avenue Complex (NAC). Of the $26,070,000 provided for the NAC, $8,300,000 is for se- curity enhancements, $10,257,000 is for tenant improvements, 

$3,400,000 is for capital improvements, and $4,113,000 is for campus-wide design and construction costs. The conferees agree to language included in the Senate report directing the Department to 

update the Committees on Appropriations regularly on the physical 

consolidation and planned expenditures for the NAC, as well as its 

plans for a permanent headquarters. These updates should occur 

as frequently as necessary but not less than quarterly. 

OFFICE OF IMMIGRATION STATISTICS

Funding for the Office of Immigration Statistics is provided 

within the Office of the Secretary and Executive Management, as 

requested in the Secretary’s organizational restructuring plan submitted on July 13, 2005. 

OFFICE OF SECURITY

The conferees agree to provide $51,278,000 as proposed by the House instead of $55,278,000 as proposed by the Senate. The conferees agree to move the Office of Security to the Office of the 

Under Secretary for Management, as requested in the Secretary’s 

organizational restructuring plan submitted on July 13, 2005. 

SENSITIVE SECURITY INFORMATION

The conferees agree to include a general provision (section 537) 

on Sensitive Security Information (SSI) as proposed by the House. 

The conferees are concerned that because of insufficient management controls, information that should be in the public domain 

may be unnecessarily withheld from public scrutiny. The conferees 

require the Secretary to ensure that each appropriate office has an 

official with the clear authority to designate documents as SSI and 

to provide clear guidance as to what is SSI material and what is 

not. Designation means an original determination made by a limited number of appointed officials pursuant to 49 CFR §1520.5(b 

(1)–(16)). The conferees direct the Secretary to report to the Committees not later than January 3, 2006, the titles of all documents 

that are designated by DHS as SSI in their entirety during the period beginning October 1, 2005, and ending December 31, 2005, and 

a full-year report each year thereafter. 

CLASSIFIED AND SECURITY SENSITIVE DOCUMENTS

The conferees direct the Office of Security to ensure the Department’s classified and security sensitive documents clearly identify, paragraph-by-paragraph, which paragraphs contain classified 

information and which do not. This is consistent with actions taken 

by other federal agencies. 

UNOBLIGATED BALANCES

The conferees direct the Under Secretary for Management to 

submit a report listing all funds transferred to the Department 

when it was formed that remain unobligated, the purpose for which 

38 

the funds were appropriated, the reason the funds remain unobligated, and the Department’s plans for the use of these funds, as 

discussed in the Senate report. 

WORKING CAPITAL FUND

The conferees agree to include a provision (section 542) that rescinds $15,000,000 from the Department’s Working Capital Fund 

(WCF) instead of $7,000,000 as proposed by the House and 

$12,000,000 as proposed by the Senate. 

The conferees direct the Department to use the WCF plan submitted on April 11, 2005, as the base document for funding decisions in fiscal year 2006. The Committees on Appropriations shall 

be notified and must approve any deviations from that plan. In addition, section 6024 of Public Law 109–13 excludes funding of the 

Homeland Secure Data Network (HSDN) within the WCF. The conferees continue to support this position and have provided adequate 

funding for HSDN within the Office of the Chief Information Officer. The WCF should not be used to supplement HSDN without notification and approval of the Committees. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

The conferees agree to provide $19,405,000 instead of 

$18,505,000 as proposed by the House and $18,325,000 as proposed 

by the Senate. Funding levels reflect a transfer of seven FTEs from 

the Under Secretary for Border and Transportation Security, as requested in the Secretary’s organizational restructuring plan submitted on July 13, 2005. 

MONTHLY REPORTING REQUIREMENTS

The Department is directed to submit a monthly budget execution report that includes: the total obligational authority appropriated (new budget authority plus unobligated carryover), undistributed obligational authority, amount allotted, current year obligations, unobligated authority (the difference between total 

obligational authority and current year obligations), beginning unexpended obligations, year-to-date costs, and year end unexpended 

obligations. This budget execution information is to be provided at 

the level of detail shown in the tables displayed at the end of this 

report for each Departmental component and the Working Capital 

Fund. This report must be submitted to the Committees on Appropriations no later than 45 days after the close of each month. 

OFFICE OF THE CHIEF INFORMATION OFFICER

The conferees agree to provide $297,229,000 for the Office of the Chief Information Officer (CIO) instead of $303,700,000 as proposed by the House and $286,540,000 as proposed by the Senate. 

Funding shall be allocated as follows: 

Salaries and Expenses ....................................................................... $75,756,000 

Information Technology Services ...................................................... 83,444,000 

Human Resources ........................................................................ 21,000,000 

Emerge2 ....................................................................................... 18,000,000 

Information Technology Support ............................................... 44,444,000 

Security Activities .............................................................................. 19,000,000 

Terrorist watch list integration .................................................. 10,000,000 

39 

Information Security and Infrastructure .................................. 9,000,000 

Wireless Program ............................................................................... 86,000,000 

Replace legacy border components ............................................ 16,000,000 

New investments in radio infrastructure—borders .................. 52,000,000 

Infrastructure optimization and upgrade .................................. 18,000,000 

Homeland Secure Data Network ....................................................... 33,029,000 

Total ...................................................................................... 297,229,000 

INFORMATION TECHNOLOGY INVESTMENTS

The conferees are concerned with the lack of coordination within the Department regarding its information technology (IT) activities. In the interest of fully leveraging and optimizing the potential 

contribution of IT investments in meeting the homeland security 

mission while controlling IT investment costs, maintaining schedules, and delivering capabilities, it is critical DHS clearly articulate 

its objectives and needs. In addition, the conferees are disappointed 

that, for the last two years, major portions of the IT activities have 

not been properly displayed in the budget. The conferees direct the 

CIO to follow the Committees’ direction regarding the content and 

format of appropriations justifications found within the Office of 

the Secretary for all IT investments. 

The conferees agree to include bill language requiring the Department to submit an expenditure plan within 60 days from the 

date of enactment of this Act for all IT projects funded through the 

CIO, or funded by multiple components of the Department through 

reimbursable agreements. This expenditure plan shall also include 

a detailed program assessment of the scope; total estimated cost; 

cost by year; and the schedule for completion, including significant 

milestones, for each individual project funded for fiscal year 2006 

for information technology services, security activities, and wireless 

programs. 

The conferees direct the CIO to provide a report by February 

10, 2006, to include: an update of the information technology system inventory dated September 15, 2005; the status and timeline 

of security certifications for each system; the status of aligning 

each system with an appropriate investment portfolio; and the status of identifying the systems and/or applications that will migrate 

to the National Center for Critical Information Processing and 

Storage during fiscal year 2006. 

The conferees agree to include bill language requiring the Department to report on the enterprise architecture and other strategic planning; an Information Technology Human Capital Plan, to 

include an inventory of current IT work force knowledge and skills, 

a gap analysis of any shortfalls, and a plan for addressing any 

shortfalls; a capital investment plan for implementing the enterprise architecture; and a description of the IT capital planning and 

investment control process. The report must be reviewed and approved by the Office of Management and Budget, reviewed by the 

Government Accountability Office, and delivered to the Committees 

within 180 days of enactment of this Act. 

The conferees are aware the Department plans to consolidate 

DHS component agency data centers into two primary data centers. 

Consistent with section 888 of Public Law 107–296, the conferees 

instruct the Department to implement the consolidation plan in a 

manner that shall not result in a reduction to the Coast Guard’s 

40 

Operations System Center mission or its government-employed or 

contract staff levels. 

The conferees have included funding of $33,029,000 for the 

Homeland Secure Data Network (HSDN) within this account as 

proposed by the Senate. Other accounts that formerly had resources requested for the HSDN have been reduced accordingly. 

Within the total for Information Technology Services, the conferees agree to provide $13,255,000 for Geospatial activities; 

$2,500,000 for Solutions Engineering; $4,500,000 for Enterprise Applications Delivery; $2,000,000 for e-Gov Initiatives; $5,500,000 for 

Program Management Support; $1,500,000 for Comsec Modernization; and $3,000,000 for Smartcard Activities. The conferees agree 

to provide no funding for the MedaData Center of Excellence or the 

Applied Technology program. 

ANALYSIS AND OPERATIONS

The conferees agree to provide $255,495,000 for Analysis and 

Operations (A&O). The conferees establish this new appropriation 

in response to the Secretary’s organizational restructuring plan 

submitted on July 13, 2005, and include resources previously provided under the Directorate of Information Analysis and Infrastructure Protection (IAIP) and the Office of the Under Secretary for 

Border and Transportation Security. The conferees direct the Department to submit a detailed expenditure plan describing the intended use of this funding. This plan shall be provided no later 

than 60 days from the date of enactment of this Act. The conference recommendation includes sufficient funding to complete distribution of National Weather Service all-hazards radios to schools 

on a priority basis as proposed by the Senate. 

The conferees reduce funding for IAIP Management and Administration transferred to this account based on a continuing 

large number of vacancies. The Secretary shall submit to the Committees on Appropriations no later than February 10, 2006, a report that identifies staffing and other resource requirements that 

reconciles the Department’s intelligence mission responsibilities 

under the various Acts and executive orders. 

OFFICE OF INSPECTOR GENERAL

The conferees agree to provide $83,017,000 for the Office of Inspector General as proposed by the House and the Senate. 

PORT SECURITY

The conferees direct the Inspector General to review the steps 

the Department has taken to comply with recommendations contained in the Inspector General’s report on port security grants 

(OIG–05–10). This report should be submitted to the House and 

Senate Committees on Appropriations; the Senate Committee on 

Commerce, Science, and Transportation; the Senate Committee on 

Homeland Security and Government Affairs; and the House Committee on Homeland Security no later than February 10, 2006. 

41 

TITLE II—SECURITY, ENFORCEMENT, AND 

INVESTIGATIONS 

OFFICE OF THE UNDER SECRETARY FOR BORDER AND

TRANSPORTATION SECURITY

SALARIES AND EXPENSES

The conferees agree to provide no funding for this appropriation, as proposed in the Secretary’s organizational restructuring 

plan submitted on July 13, 2005, which abolished the Office of the 

Under Secretary for Border and Transportation Security (BTS), instead of $8,617,000 as proposed by the House and $9,617,000 as 

proposed by the Senate. Funding for the functions currently performed by this office is included under other appropriations in this 

Act and is identified accordingly. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

The conferees agree to provide $340,000,000 as proposed by the Senate instead of $390,000,000 as proposed by the House. Of these 

funds, $86,000,000 is available for program management and operations, and $159,658,000 is subject to the requirements of a detailed expenditure plan. 

In the statement of managers accompanying the conference report on Public Law 108–334, the Department was directed to submit a report by January 14, 2005, on the status of efforts between 

the Departments of Homeland Security and Justice to achieve realtime interoperability between the Integrated Automated Fingerprint Identification System and the Automated Biometric Identification System. The Committees on Appropriations did not receive 

the report until August 22, 2005. The conferees direct the cost and 

schedule estimate referred to in the report be completed no later 

than November 20, 2005, so the results can be incorporated into 

the fiscal year 2006 United States Visitor and Immigrant Status 

Indicator Technology (US–VISIT) expenditure plan and the fiscal 

year 2007 President’s Budget. 

The conferees are encouraged by the Department’s announcement of its plans to migrate the US–VISIT program to a ten-fingerprint system—a major step toward full interoperability. The Department is directed to work with the Department of State and report expeditiously on what resources it will need and what actions 

it will take to achieve this goal. 

Finally, the conferees direct that US–VISIT adhere to the most 

stringent standards in developing and testing its system plans 

prior to their being deployed or made operational. 

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

The conferees agree to provide $4,826,323,000 for Customs and 

Border Protection (CBP), instead of $4,885,544,000 as proposed by 

the House and $4,922,600,000 as proposed by the Senate. This includes: $1,796,464,000 for border security between ports of entry, 

including 1,000 additional Border Patrol Agents and $79,496,000 to 

42 

annualize the cost of 500 Border Patrol Agents funded in Public 

Law 109–13; $63,024,000 for inspection and detection technology 

investments, including $1,018,000 to continue the in-bond container security study; $4,000,000 for the Immigration Advisory Program; $500,000 to continue steel tariff training; $54,268,000 for the 

Customs-Trade Partnership Against Terrorism; $7,000,000 for the 

FAST program; $14,000,000 for the SENTRI and NEXUS programs; $9,134,000 for the Advanced Training Center; not less than 

$163,560,000 for the salaries and expenses for the Office of Air and 

Marine Operations, including $5,000,000 for additional staff, equipment and operations, $5,500,000 for a new Montana Northern Border airwing, and $17,000,000 to cover salaries and expenses associated with the integration of former Border Patrol pilots. Funding 

was decreased by $12,725,000 from the President’s request to reflect that enforcement of forced child labor laws is now a responsibility of Immigration and Customs Enforcement, and by 

$49,651,000 to reflect all funding for procurement, operations and 

maintenance of aircraft and marine vessels is included in the Air 

and Marine Interdiction, Operations, Maintenance, and Procurement appropriation. The conferees make $10,000,000 unavailable 

for obligation until a detailed five year plan for air and marine operations is submitted to the Committees on Appropriations. No 

funding is provided in this account for radiation portal monitors. 

The conferees do not include a rescission of $14,400,000 as proposed by the Senate. 

The following table specifies funding by budget activity: 

Headquarters Management and Administration: 

Border Security Inspections and Trade Facilitation ................ $655,000,000 

Border Security and Control Between Ports of Entry .............. 590,000,000 

Subtotal, Headquarters Management and Administration .. 1,245,000,000 

Border Security Inspections and Trade Facilitation: 

Inspections, Trade and Travel Facilitation at Ports of Entry 1,262,269,000 

Harbor Maintenance Fee Collection (Trust Fund) ................... 3,000,000 

Container Security Initiative ..................................................... 138,790,000 

Other International Programs ................................................... 8,629,000 

Customs-Trade Partnership Against Terrorism/Free and Secure Trade (FAST)/SENTRI/NEXUS ..................................... 75,268,000 

Inspection and Detection Technology Investments .................. 63,024,000 

Automated Targeting Systems ................................................... 28,253,000 

National Targeting Center ......................................................... 16,697,000 

Other Technology Investments, Including Information Technology ........................................................................................ 1,018,000 

Training ....................................................................................... 24,351,000 

Subtotal, Border Security Inspections and Trade Facilitation ........................................................................................ 1,621,299,000 

Border Security and Control Between Ports of Entry: 

Border Security and Control ...................................................... 1,742,977,000 

America’s Shield Initiative ......................................................... 31,284,000 

Training ....................................................................................... 22,203,000 

Subtotal, Border Security and Control Between Ports of 

Entry ..................................................................................... 1,796,464,000 

Air and Marine Operations, Salaries and Expenses ....................... 163,560,000 

Total, Salaries and Expenses .................................................. $4,826,323,000 

43 

CONTAINER SECURITY

The conferees concur with the requirement, as detailed in the 

House report, for a report on how non-intrusive inspection technology system selection, use, and financing for the Container Security Initiative (CSI) could be improved, as well as the Senate report 

requirement on relations with CSI host nations, to include: steps 

to explain CSI targeting to host governments; coordination with the 

State Department; options for withdrawal from uncooperative CSI 

host nations; and actions taken on Government Accountability Office recommendations for CSI improvement. The conferees direct 

the Commissioner to submit both reports not later than February 

10, 2006. 

TRAINING

The conferees concur with the Senate report regarding sixth 

training day compensation. 

EXPEDITED REMOVAL

The conferees are aware the Department has announced a plan 

to expand its expedited removal program, following success in reducing the overall cost of detention housing for other than Mexican 

nationals in the Laredo and Tucson sectors, in reducing the number of aliens released on their own recognizance, and in increasing 

deterrence. The conferees direct the Department to report not later 

than February 10, 2006, on Border Patrol costs associated with the 

expanded expedited removal program. 

BORDER CROSSING CARDS

The conferees endorse Senate report language requesting a report on Border Crossing Cards and card scanners. 

ENFORCEMENT OF TRADE REMEDIES LAW

The conferees have ensured that, of the amounts provided 

within this account, sufficient funds are available to enforce the 

anti-dumping authority contained in section 754 of the Tariff Act 

of 1930 (19 U.S.C. 1675c). 

The conferees direct CBP to continue to work with the Department of Commerce, the Department of Treasury, the Office of the 

United States Trade Representative, and all other relevant agencies, to provide semiannual reports on its efforts to collect past due 

amounts and to increase current collections. Furthermore, by June 

30, 2006, CBP is to provide the Committees on Appropriations with 

an update of its report submitted on July 7, 2005, describing interagency efforts to create a coordinated plan to increase antidumping 

and countervailing duty collections, particularly related to cases involving unfairly traded Asian imports. The report should break out 

the non-collected amounts for fiscal years 2004 and 2005, by order 

and claimant, along with a description of the specific reasons for 

the non-collection with respect to each order. 

The conferees direct CBP to confirm that it has completed all 

of the initiatives, processes, and procedures identified in its February 2005 report to the Committees on Appropriations (including 

Attachment 1) regarding implementation of the recommendations 

44 

that were contained in the U.S. Treasury Department Office of the 

Inspector General report on the Continued Dumping and Subsidy 

Offset Act. Further, the conferees direct CBP to implement the five 

recommendations for executive action contained in the GAO report 

(GAO–05–979) dated September 2005. If those processes and procedures have not been completed, CBP is directed to provide an explanation as to why they have not been completed, and a deadline 

for when they will be completed. This includes the deadlines for implementing the processes and procedures for verification, including, 

in particular, the development of the sampling methodology to validate the claimed amount; the testing plan; and all accompanying 

aspects of verification. 

AMERICA’S SHIELD INITIATIVE

The conferees have not provided the requested increase of 

$19,800,000 for America’s Shield Initiative (ASI). At this time, the 

conferees understand the Department is reviewing the entire planning process for ASI and may suspend all major procurement action until it has resolved fundamental questions about scope and 

architecture, and possibly its relation to overall, nationwide border 

domain security and awareness. The conferees expect to be kept informed of the results of this review before the Department proceeds 

with any significant action and concur with House reporting requirements. The conferees encourage program managers to explore 

the use of commercial, airborne, off-the-shelf wireless technology as 

it develops this program. 

AGRICULTURAL INSPECTIONS

The conferees direct the Department, in coordination with the 

U.S. Department of Agriculture, to submit a report by February 10, 

2006, providing the information requested in Senate Report 109– 

83 concerning reduced agricultural inspection levels. 

TEXTILE TRANSSHIPMENT ENFORCEMENT

Section 352 of the Trade Act of 2002 authorizes funding for 

Customs Service textile transshipment enforcement, and specifies 

how the funds be spent. The conferees include $4,750,000 to continue this effort and direct CBP to report not later than February 

10, 2006, on obligating these funds, as well as those appropriated 

in fiscal years 2004 and 2005. The report should include staffing 

levels in fiscal years 2003–2006, differentiated by position, as authorized in section 352 of the Trade Act of 2002, and include a fiveyear enforcement plan. The report should also describe how CBP 

has redeployed its workforce previously assigned to enter and monitor quota information now that quotas have expired. 

TOBACCO IMPORTS

The conferees endorse the requirements set forth in both the 

House and Senate reports regarding tobacco product imports and 

direct the Department to comply with them. 

45 

AUTOMATION MODERNIZATION

The conferees agree to provide $456,000,000 instead of 

$458,009,000 as proposed by both the House and the Senate. This 

amount includes funding for the Automated Commercial Environment (ACE), the Integrated Trade Data System (ITDS), and the 

costs of the legacy Automated Commercial System. This funding includes not less than $320,000,000 for ACE and ITDS, of which 

$16,000,000 is for ITDS, and all of which remains subject to approval of an expenditure plan. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

The conferees agree to provide $400,231,000 instead of 

$347,780,000 as proposed by the House and $320,580,000 as proposed by the Senate. This includes: $15,000,000 for palletized sensor systems for P–3 long range tracker aircraft; $16,000,000 for P– 

3 service life extension; $14,000,000 for manned, covert surveillance aircraft; $12,800,000 for the Montana Northern Border air 

branch; $20,000,000 for replacement of Border Patrol helicopters; 

$10,180,000 for unmanned aerial vehicles; $19,471,000 for operations and maintenance of legacy Border Patrol aircraft and marine vessels; and $2,000,000 to begin work on a North Dakota air 

wing. 

P–3 AIRCRAFT

The conferees recognize the CBP P–3 fleet is a critical asset in 

both homeland security and drug interdiction missions. As CBP implements a service life extension program for its P–3 aircraft, the 

conferees encourage CBP to adopt the most cost-effective long-term 

solution for the maximum life extension of its P–3 fleet. In addition, the conferees are aware the U.S. Navy and most nations who 

fly the P–3 have made service life assessments of their aircraft. 

The conferees believe CBP should undertake similar assessments 

to document the airworthiness and structural life remaining in the 

CBP fleet and direct the Commissioner to incorporate the results 

of such a service life assessment into the modernization plan. 

UNMANNED AERIAL VEHICLES

The conferees agree to provide $10,180,000 for unmanned aerial vehicles, as requested by the President and proposed by both 

the House and Senate, which may be deployed between ports of 

entry on the Southwest Border. 

CBP AIR PROGRAM

The conferees are aware that the Commissioner plans to combine air operations of the Office of Air and Marine Operations and 

the Office of Border Patrol into ‘‘CBP Air’’, and the conference 

agreement adjusts the budget accordingly. The conferees direct the 

Department to implement fully the recommendations in GAO report GAO–05–543 and, as integration proceeds, to consult with the 

Committees on Appropriations before making any changes in the 

nature and level of support for legacy air missions. 

46 

STRATEGIC PLAN, MODERNIZATION AND RECAPITALIZATION

The conferees remind the Department that detailed information requested in previous conference reports has yet to be provided. With CBP air integration under way, it is essential Congress 

receive information to understand the status and requirements of 

the CBP air and marine programs. The conferees withhold 

$10,000,000 from the CBP Salaries and Expenses appropriation 

until the Committees on Appropriations receive a five-year strategic plan for CBP Air (and marine, if complete) that addresses 

missions, structure, operations, equipment, facilities and resources, 

including deployment and command and control requirements. This 

report is to include a modernization plan, including milestones and 

funding required to recapitalize its fleet and operations, as well as 

a detailed staffing plan showing current on-board positions, annual 

targets, and a timetable with associated costs to achieve full staffing to meet all mission requirements. 

NATIONAL AVIATION CENTER

The conferees understand the Oklahoma City National Aviation Center has augmented its pilot training with computer-based 

instructions and simulation, which has increased training efficiency 

while decreasing costs. The conferees direct the Department to continue this approach. 

NORTHERN BORDER AIRWINGS

The conferees believe remaining gaps in air patrol coverage of 

the Northern Border should be closed as quickly as possible and include $2,000,000 for the initial site assessment, facilities evaluation, lease preparation and other activities associated with the fifth 

Northern Border airwing in Grand Forks, North Dakota. The conferees direct the Department to include in its fiscal year 2007 

budget request the resources necessary to establish the airwing. 

CONSTRUCTION

The conferees agree to provide $270,000,000 instead of 

$93,418,000 as proposed by the House and $311,381,000 as proposed by the Senate. This includes: $81,963,000 for facilities to accommodate 1,000 additional Border Patrol Agents; $35,000,000 for 

the San Diego fence construction project; $35,000,000 for tactical 

infrastructure projects in the Tucson sector; and $26,000,000 for 

the Advanced Training Center. The conferees direct CBP to provide 

a spending plan and a revised master plan to the Committees on 

Appropriations that reflects this funding. 

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

The conferees agree to provide $3,108,499,000 for Immigration 

and Customs Enforcement (ICE) Salaries and Expenses, instead of 

$3,064,081,000 as proposed by the House and $3,052,416,000 as 

proposed by the Senate. This includes an additional $90,000,000 for 

additional bedspace capacity, including corresponding support positions; $42,000,000 for additional criminal investigator positions; 

47 

$35,000,000 to annualize new positions and programs funded in 

Public Law 109–13; $9,000,000 for Immigration Enforcement 

Agents to support civil and administrative investigations; 

$16,000,000 for additional fugitive operations teams; $18,000,000 to 

expand the Institutional Removal Program; $10,000,000 to expand 

Alternatives to Detention, including the Intensive Supervision Appearance Program; $1,000,000 to increase the speed, accuracy and 

efficiency of immigration enforcement information currently being 

entered into the National Criminal Information Center database; 

$5,000,000 for the Cyber Crimes Center; $15,770,000 for enforcement of laws against forced child labor, as offset by a reduction in 

Customs and Border Protection, Salaries and Expenses; $5,000,000 

for implementation of section 287(g) of the Immigration and Nationality Act; $10,000,000 for the worksite enforcement program; 

and $2,000,000 for transfer to the U.S. Department of Justice for 

the Legal Orientation Program. The conferees make $5,000,000 unavailable for obligation until the Committees on Appropriations receive a national detention management plan as described in the 

House report. The following table specifies funding by budget activity: 

Headquarters Management and Administration: 

Personnel Compensation and Benefits, Services and other ..... $123,600,000 

Headquarters Managed IT investment ..................................... 133,104,000 

Subtotal, Headquarters Management and Administration .. 256,704,000 

Legal Proceedings ............................................................................... 130,181,000 

Investigations: 

Domestic Operations ................................................................... 1,195,050,000 

International Operations ............................................................ 101,918,000 

Subtotal, Investigations .......................................................... 1,296,968,000 

Intelligence .......................................................................................... 50,970,000 

Detention and Removal: 

Detention and Removal Operations ........................................... 1,013,329,000 

Transportation and Removal ...................................................... 135,000,000 

Fugitive Operations .................................................................... 102,881,000 

Institutional Removal Program .................................................. 93,969,000 

Alternatives to Detention ........................................................... 28,497,000 

Subtotal, Detention and Removal .......................................... 1,373,676,000 

Total, Salaries and Expenses .................................................. 3,108,499,000 

IMMIGRATION ENFORCEMENT AGENTS

The conferees agree with the House report noting that a vast 

majority of immigration law violations are under enforced, and that 

it would be beneficial to significantly enhance the enforcement of 

civil immigration violations. The conferees therefore include 

$9,000,000 for 100 Immigration Enforcement Agents (IEAs), who 

will work under the supervision of ICE special agents and concentrate their efforts on civil and administrative actions, permitting ICE special agents to concentrate their efforts on criminal investigations and longer term cases. The conferees direct the Department to submit a plan for the expanded use of IEAs for these 

purposes not later than December 1, 2005, and a status report not 

later than November 1, 2006, on the operation and impact of the 

increase in IEA positions. 

48 

EXPEDITED REMOVAL AND DETENTION SPACE

The conferees are aware ICE expects a bedspace funding shortfall owing to lower Breached Bond funds and increased bedspace 

costs. The conferees provide $35,000,000 to cover fiscal year 2006 

costs associated with ICE initiatives funded in Public Law 109–13, 

and therefore expect the Department will not divert $32,000,000 

provided in that Act for bedspace to annualize personnel costs. The 

conferees direct the Department to submit quarterly reports on the 

fee estimates. 

The conferees understand the Department has determined expanding the expedited removal program will require a greater proportion of funding for removal and related costs, and therefore relatively less for bedspace. The conferees direct the Department to 

report within 30 days from enactment of this Act on the total number of beds to be funded in fiscal year 2006, by funding source, and 

the fiscal year 2006 spend plan for expedited removal. Further, the 

Department is directed to include bedspace utilization and funding 

obligations in its regular immigration enforcement reporting to the 

Committees on Appropriations. 

TEXTILE TRANSSHIPMENT ENFORCEMENT

Section 352 of the Trade Act of 2002 authorizes funding for 

Customs Service textile transshipment enforcement, and specifies 

how the funds be spent. The conferees include $4,750,000 to continue this effort and direct ICE to report not later than February 

10, 2006, on obligating these funds, as well as those appropriated 

in fiscal years 2004 and 2005. The report should include staffing 

levels in fiscal years 2003–2006, differentiated by position, as authorized in section 352 of the Trade Act of 2002, and include a fiveyear enforcement plan. 

IMMIGRATION ENFORCEMENT AND DETENTION STATISTICS

The conferees concur with the immigration enforcement and 

detention reporting requirements identified in the House and Senate reports, and direct ICE to submit them on a quarterly basis beginning February 10, 2006. 

STATE AND LOCAL SUPPORT FOR IMMIGRATION ENFORCEMENT

The conferees support the ‘‘287(g) program’’ to cross-designate 

State and local law enforcement officers to perform limited immigration enforcement functions, and provide $5,000,000 in support of 

this program, including training participants, as authorized. The 

conferees encourage the Department to be more proactive in encouraging State and local governments to participate in this program. The conferees fully support the 287(g) program and view it 

as a powerful force multiplier to better enforce immigration laws 

and, consequently, to better secure the homeland. 

LEGAL ORIENTATION PROGRAM

The conferees include $2,000,000 for the Legal Orientation Program, to be transferred to the U.S. Department of Justice, Executive Office for Immigration Review (EOIR). The Office of ManageVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00048 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
49 

ment and Budget is directed to include future funding for this program in funding requests for EOIR. 

FEDERAL PROTECTIVE SERVICE

The conferees agree to provide $487,000,000 as proposed by 

both the House and the Senate. 

AUTOMATION MODERNIZATION

The conferees agree to provide $40,150,000 as proposed by the 

House instead of $50,150,000 as proposed by the Senate. These 

funds may not be obligated until the Committees on Appropriations 

receive and approve an expenditure plan, which includes a requirement for an independent verification and validation. 

CONSTRUCTION

The conferees provide $26,546,000 as proposed by both the 

House and Senate. 

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

The conferees agree to provide $4,607,386,000 instead of 

$4,591,612,000 as proposed by the House and $4,452,318,000 as 

proposed by the Senate. In addition to the amounts appropriated, 

a mandatory appropriation of $250,000,000 is available to support 

the Aviation Security Capital Fund. Bill language is also included 

to reflect the collection of $1,990,000,000 from aviation user fees, 

as authorized. The following table specifies funding by budget activity: 

Screening Workforce: Privatized screening .................................................................... $139,654,000 

Passenger screeners—personnel, compensation and benefits 1,520,000,000 

Baggage screeners—personnel, compensation, and benefits ... 884,000,000 

Subtotal, Screener Workforce ................................................. 2,543,654,000 

Screener Training and Other: 

Screener training ......................................................................... 88,004,000 

Passenger screener—other ......................................................... 23,752,000 

Checked baggage screener—other ............................................. 118,591,000 

Tort claims ................................................................................... 4,000,000 

Representation funds .................................................................. 3,000 

Model workplace .......................................................................... 2,400,000 

Hazardous materials disposal .................................................... 9,800,000 

Subtotal, Screener Training and Other ................................. 246,550,000 

Human Resource Services ................................................................. 207,234,000 

Checkpoint Support ............................................................................ 165,000,000 

Explosive Detection Systems:.

EDS/ETD purchase ..................................................................... 175,000,000 

EDS/ETD installation ................................................................. 45,000,000 

EDS/ETD maintenance and utilities ......................................... 200,000,000 

Operation integration ................................................................. 23,000,000 

Subtotal, Explosive Detection Systems .................................. 443,000,000 

Total, Screening Operations ................................................... 3,605,438,000 

Aviation Direction and Enforcement: 

Aviation regulation and other enforcement .............................. 222,416,000 

Airport management, information technology and support ..... 686,032,000 

50 

Federal flight deck officer and flight crew training ................. 30,500,000 

Air cargo ....................................................................................... 55,000,000 

Foreign and domestic repair stations ........................................ 3,000,000 

Airport perimeter security .......................................................... 5,000,000 

Subtotal, Aviation Direction and Enforcement ..................... 1,001,948,000 

Total, Aviation Security .......................................................... 4,607,386,000 

STAFFING LEVELS

The conferees agree to continue longstanding bill language that 

caps the full-time equivalent screener workforce at 45,000 as proposed by the House. The conferees expect the Transportation Security Administration (TSA) to have no more than 45,000 full-time 

equivalent screeners by the end of fiscal year 2006. The conferees 

recognize TSA may need to realign its workforce throughout the 

year due to attrition or advances in detection technologies. TSA has 

the flexibility to hire screeners during the fiscal year at those airports where additional or replacement screeners are necessary to 

maintain aviation security and customer service. 

PRIVATIZED SCREENING AIRPORTS

The conferees agree to provide $139,654,000 as proposed by the 

House instead of $146,151,000 as proposed by the Senate. If additional airports are not interested in privatization, or airports currently under this program decide to begin using federal screeners 

resulting in the need for less funding in fiscal year 2006 to support 

the current privatized screening airports, TSA is directed to notify 

the Committees on Appropriations ten days prior to these changes 

occurring. After that time period has expired, TSA shall adjust its 

program, project, and activity line items to account for changes in 

third party private screening contracts and screener personnel, 

compensation and benefits to reflect the award of contracts under 

the screening partnership program (SPP). 

PASSENGER AND BAGGAGE SCREENERS, PERSONNEL, COMPENSATION

AND BENEFITS

The conferees agree to provide $1,520,000,000 for passenger 

screening and $884,000,000 for baggage screening activities for 

both federal screeners as well as any contracts awarded under SPP 

for all airports other than the six current privatized screening airports. The conferees agree TSA needs the flexibility to manage the 

SPP without the need for reprogramming actions for each individual contract and direct TSA to provide the Committees on Appropriations with advance notice ten days before an announcement 

is made an airport has been selected under SPP or if an airport has 

decided to begin using federal screeners. At the time the contract 

is awarded, TSA shall notify the Committees and adjust its program, project, and activity line items to account for changes in 

third party private screening contracts and screener personnel, 

compensation and benefits to reflect the award of contracts under 

SPP. 

51 

RONALD REAGAN WASHINGTON NATIONAL AIRPORT

The conferees agree to include bill language that provides reimbursement for security services and related equipment and supplies in support of general aviation access to Ronald Reagan Washington National Airport as proposed by the Senate. These reimbursements shall be credited to the ‘‘Aviation Security’’ appropriation and be available until expended for only those purposes. 

PASSENGER PROCESSING TIMES

Several airports are experiencing unusually large peak volumes associated with international, charter, and scheduled service. 

Many domestic travelers arriving at the same airport concourse as 

international flyers are often held up from proceeding to their final 

destinations because of slow processing times for these international visitors. The conferees direct TSA, in cooperation with 

Customs and Border Protection, to examine these unique situations, find appropriate solutions, and report back to the Committees on Appropriations no later than February 10, 2006. 

CHECKPOINT SUPPORT

The conferees agree to provide $165,000,000 instead of 

$157,461,000 as proposed by the House and $172,461,000 as proposed by the Senate. This funding should be used to accelerate the 

testing, procurement, installation, and deployment of new checkpoint technologies. TSA should test these new technologies and 

equipment at airports using both federal and non-federal screeners. 

TSA shall submit the report originally requested in fiscal year 2005 

on testing and deploying emerging technologies to screen passengers and carry-on baggage to the Committees on Appropriations 

as expeditiously as possible. 

STANDARDS FOR CHECKPOINT TECHNOLOGIES

The conferees recommend TSA work with the National Institute of Standards and Technology to develop standards for checkpoint technologies, as discussed in the Senate report. 

EXPLOSIVE DETECTION SYSTEMS INSTALLATION

The conferees agree to provide a total of $295,000,000 for explosive detection systems (EDS) installation, including 

$250,000,000 in mandatory funding from the Aviation Security 

Capital Fund and $45,000,000 in this Act. This funding is sufficient 

to fulfill the federal commitment for the eight Letters of Intent and 

to install next-generation EDS machines at airports nationwide. 

The conferees have modified bill language proposed by the Senate 

clarifying the federal government’s cost under a Letter of Intent 

shall be 75 percent for any medium and large hub airport and 90 

percent for any other airports. The conferees also include bill language to permit the Secretary to distribute this funding to enhance 

aviation security and fulfill the federal commitment to Letters of 

Intent. The conferees encourage TSA to pursue innovative financing solutions to improve the baggage screening process, as discussed in the House report. 

52 

EXPLOSIVE DETECTION SYSTEMS PROCUREMENT

The conferees agree to provide $175,000,000 instead of 

$170,000,000 as proposed by the House and $180,000,000 as proposed by the Senate. Of these funds, $45,000,000 shall be made 

available to procure next-generation explosive detection systems, 

including in-line systems, which have been tested, certified, and piloted. The conferees expect these new systems to replace explosive 

trace detection systems as much as possible as they are considerably less costly to operate. 

EXPLOSIVE DETECTION SYSTEMS MAINTENANCE COSTS

The conferees are concerned about the skyrocketing costs of 

maintaining explosive detection systems and direct the Government Accountability Office to report by April 2006 on the reasons 

for past cost increases, including TSA contracting practices. This 

report is to recommend actions TSA might take to control these 

costs in the future. 

REMOTE BAGGAGE SCREENING

The conferees are aware of TSA’s participation with airports 

and airlines in pilots at various airports around the country to 

evaluate off-site baggage check-in models. The conferees encourage 

TSA to widely test remote baggage screening, including coupling 

off-site check in with off-site screening within the airport grounds 

at secure sort facilities before the baggage is introduced into the 

terminal and other critical airport infrastructure. 

MULTI-COMPARTMENTAL BINS

The conferees direct TSA to develop a plan to research, test, 

and potentially implement multi-compartmental bins to screen passenger belongings at security checkpoints. 

SCREENING EXEMPTIONS

The conferees agree to retain bill language proposed by the 

Senate that does not allow heads of federal agencies and commissions to be exempt from passenger and baggage screening. 

AVIATION REGULATION AND ENFORCEMENT

The conferees agree to provide $222,416,000 as proposed by the 

House instead of $230,000,000 as proposed by the Senate. 

AVIATION MANAGEMENT, INFORMATION TECHNOLOGY AND SUPPORT

The conferees agree to provide $686,032,000 instead of $655,597,000 as proposed by the House and $748,370,000 as proposed by the Senate. Within the funds provided, $243,662,000 is for 

management and support staff and $442,370,000 is for information 

technology. 

FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING

The conferees agree to provide $30,500,000 instead of 

$29,000,000 as proposed by the House and $32,000,000 as proposed 

by the Senate. Within the funds provided, $27,000,000 is for fedVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00052 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
53 

eral flight deck officer training and $3,500,000 is for voluntary 

flight crew training. 

AIR CARGO

The conferees agree to provide $55,000,000 instead of 

$60,000,000 as proposed by the House and $50,000,000 as proposed 

by the Senate. Within the funds provided, $10,000,000 is for hiring 

100 additional regulatory inspectors and associated travel costs, 

and $5,000,000 is to enhance the automated indirect air carrier 

maintenance system and known shipper data base, as well as for 

security threat assessments and pending air cargo rulemaking activities. 

In addition to the funds provided to TSA for air cargo, the conferees provide $30,000,000 to the Science and Technology (S&T) Directorate to conduct three cargo screening pilot programs testing 

different concepts of operation. TSA is to cooperate with S&T on 

this effort. 

The conferees direct TSA to work with other DHS components 

to develop technologies that will move TSA forward to achieving 

100-percent screening of air cargo on passenger aircraft. 

GENERAL AVIATION

The conferees concur with the House report supporting the Airport Watch program. 

AIRPORT PERIMETER SECURITY

The conferees agree to provide $5,000,000 for airport perimeter 

security pilots. While funding has been provided for this work in 

the past, the conferees are aware of a variety of innovative technologies that may reduce security weaknesses and vulnerabilities 

in airports throughout the United States. This funding should be 

awarded competitively. 

SURFACE TRANSPORTATION SECURITY

The conferees agree to provide $36,000,000 as proposed by the 

House and the Senate. Funding is provided as follows: 

Enterprise staff ................................................................................... $24,000,000 

Hazardous materials truck tracking and training ........................... 4,000,000 

Rail inspectors and canines ............................................................... 8,000,000 

Total ............................................................................................. 36,000,000 

RAIL SECURITY INSPECTORS AND CANINES

The conferees are very disappointed with TSA’s reluctance to 

quickly hire rail inspectors and deploy canine units at transit systems nationwide. Although these activities were funded in fiscal 

year 2005, TSA does not have a full contingent of rail inspectors 

on board and only announced the deployment of canine teams on 

September 27, 2005. This is unacceptable. The conferees direct TSA 

to report to the Committees on Appropriations no later than February 10, 2006, on the deployment of the 100 rail security inspectors and canine teams funded in fiscal year 2005 and any new inspectors or canine teams planned for fiscal year 2006. 

54 

TRANSPORTATION VETTING AND CREDENTIALING

The conferees agree to provide a direct appropriation of 

$74,996,000 as proposed by the Senate instead of $84,294,000 as 

proposed by the House. In addition, the conferees anticipate TSA 

will collect $180,000,000 in fees. Funding is provided as follows: 

Direct Appropriations: 

Secure flight ................................................................................. $56,696,000 

Crew vetting ................................................................................ 13,300,000 

Screening administration and operations ................................. 5,000,000 

Total, direct appropriations .................................................... 74,996,000 

Fee Collections: 

Registered traveler ...................................................................... 20,000,000 

Transportation worker identification credential ....................... 100,000,000 

Hazardous materials ................................................................... 50,000,000 

Alien flight school (by transfer from DOJ) ................................ 10,000,000 

Total, fee collections ................................................................ 180,000,000 

SECURE FLIGHT

The conferees agree to provide $56,696,000 as proposed by the Senate instead of $65,994,000 as proposed by the House. TSA has 

failed to provide a fully justified cost estimate for this program for 

fiscal year 2006 or achieve initial operational capability with two 

airlines on August 19, 2005, as originally planned. At this time, 

TSA does not have a revised schedule and milestones. The conferees have reduced funding for Secure Flight accordingly. 

The conferees support the additional layer of aviation security 

that will be provided through the Secure Flight program. However, 

delays in obtaining Passenger Name Record data from air carriers 

needed for testing have postponed initial operating capability of the 

system. The conferees encourage TSA to commence rulemaking 

proceedings, and, if necessary, issue a security directive at the earliest possible date to require air carriers to release data necessary 

for operational tests expected to commence shortly. 

The conferees agree to include and modify a general provision 

(section 518) which directs the Government Accountability Office 

(GAO) to continue to evaluate DHS and TSA actions to meet the 

ten elements listed in section 522 of Public Law 108–334 and to report to the Committees on Appropriations either incrementally or 

when all elements have been satisfied. The provision also prohibits 

the use of commercial data. 

On July 22, 2005, GAO reported TSA did not adequately disclose the use of personal information during Secure Flight testing, 

violating the Privacy Notice. The conferees are concerned with the 

recent GAO findings, giving further credence for GAO to continue 

reviewing the Secure Flight program. 

TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL

The conferees agree to include a general provision (section 526) 

directing the Department to develop a personalization system that 

is centralized and that uses an existing government card production facility for these purposes as proposed by the House, consistent 

with direction issued in previous years. TSA may not move into the 

next phase of production until the Committees on Appropriations 

55 

have been fully briefed on the results of the prototype phase and 

agree the program should move forward. Because of the deep interest in this program, beginning on January 1, 2006, and quarterly 

thereafter, TSA shall submit reports on the progress of meeting the 

goals established for the Transportation Worker Identification Credential (TWIC) program. 

SCREENING ADMINISTRATION AND OPERATIONS

The conferees agree to provide $5,000,000 for screening administration and operations as proposed by both the House and the 

Senate. The conferees direct that none of the funds may be used 

to augment the Secure Flight program and expect funds to be used 

to support other transportation vetting and credentialing programs 

that are user fee funded, such as TWIC, alien flight school, and 

hazardous materials. The conferees are aware these fee-funded programs have carryover balances from previous fiscal years that may 

be used to augment administrative and operational needs. 

TRANSPORTATION SECURITY SUPPORT

The conferees agree to provide $510,483,000 instead of 

$541,008,000 as proposed by the House and $491,873,000 as proposed by the Senate. Funding is provided as follows: 

Intelligence .......................................................................................... $21,000,000 

Headquarters Administration ........................................................... 279,391,000 

Information Technology ..................................................................... 210,092,000 

Total, Transportation Security Support .................................... 510,483,000 

SPENDING AND DEPLOYMENT PLANS

The conferees agree to include bill language to require TSA to 

submit 60 days from the date of enactment of this Act a plan to 

the Committees on Appropriations detailing: the optimal deployment plan for explosive detection equipment at the Nation’s airports on a priority basis, either in-line or to replace explosive trace 

detection machines; and an expenditure plan for explosive detection 

systems procurement and installation on an airport-by-airport 

basis for fiscal year 2006. The conferees have requested this information for the past two years in report language and TSA has repeatedly ignored these requests. The conferees include bill language withholding $5,000,000 from obligation until this plan is received. 

FEDERAL AIR MARSHALS

The Secretary’s organizational restructuring plan submitted on 

July 13, 2005, recommended moving the appropriation for the Federal Air Marshals (FAMs) from Immigration and Customs Enforcement to TSA. The conferees concur with this recommendation and 

agree to provide $686,200,000 for FAMs instead of $698,860,000 as 

proposed by the House and $678,994,000 as proposed by the Senate. Within this total, $613,400,000 is for management and administrative expenses, $70,800,000 is for travel and training, and 

$2,000,000 is to implement the air-to-ground communications system. Funding is available for one year as proposed by the Senate. 

56 

STAFFING

The conferees have fully funded the new staff requested; however, funding has been provided for half a year, consistent with actions taken elsewhere in the Department because of the time it 

takes to hire new employees. A classified report on the status of 

hiring and training new Federal Air Marshals shall be submitted 

to the Committees on Appropriations no later than February 10, 

2006. 

AIRPORT LAW ENFORCEMENT

The conferees direct FAMs to submit a report, in conjunction 

with the fiscal year 2007 budget, that details a proposal to expand 

its mission beyond the aircraft and enter the airport security 

arena, including surveillance in the airport environment and airport-related investigations. The report should elaborate on these 

expanded responsibilities and the potential impact to FAMs mission, to include: the types of investigations that would be conducted 

in airports; the potential tangible benefits of FAMs conducting surveillance in an airport; whether this expansion would merit and require the conversion of air marshals to 1811 status; a timeframe 

for implementation; statistical distribution of workload hours between airport and aircraft missions; additional FTE required; additional costs associated with an enhanced airport mission; additional 

training requirements; and how an expanded FAMs mission would 

interrelate with the numerous law enforcement agencies that are 

currently conducting airport security operations. FAMs shall not 

move forward with this proposal until the report has been submitted and reviewed by the Committees on Appropriations. 

AIR-TO-GROUND COMMUNICATIONS

The conferees agree to provide $2,000,000 for the air-to-ground 

communications program. The conferees are aware of FAMs working with Science and Technology (S&T), the Federal Communications Commission, and the Federal Aviation Administration to implement an airborne communications system in 2006. The conferees 

consider this a critical security program and direct FAMs, in conjunction with S&T, to brief the Committees on Appropriations 

quarterly on its progress. 

UNITED STATES COAST GUARD

OPERATING EXPENSES

(INCLUDING RESCISSION OF FUNDS)

The conferees agree to provide $5,492,331,000 instead of 

$5,500,000,000 as proposed by the House and $5,476,046,000 as 

proposed by the Senate. Within this amount, $1,200,000,000 is 

available for defense-related activities as proposed by both the 

House and the Senate. Further, within this total, $15,450,000 is 

provided for command, control, communications, computer intelligence, surveillance and reconnaissance (C4ISR) follow-on costs; 

$10,000,000 is provided as an increase for the Area Security Maritime Exercise Program; $12,000,000 is provided as an increase to 

57 

implement the May 13, 2005, decision by the Commandant to restructure the Mariner Licensing and Documentation Program; and 

an additional $4,000,000 above the amounts enacted in fiscal year 

2005 is included for C–130J operations. No funding is provided for 

radiological/nuclear detection and one-time reinvestment costs due 

to inadequate budget justifications for these activities. The conferees agree to rescind $15,103,569 in unobligated balances from 

funds provided for port security assessments at tier one ports due 

to successful completion of this program. Funding for operating expenses shall be allocated as follows: 

Military Pay and Related Costs: 

Military pay and allowances ...................................................... $2,315,270,000 

Military health care .................................................................... 580,647,000 

Permanent change of station ...................................................... 108,901,000 

Subtotal, Military Pay and Related Costs ......................... 3,004,818,000 

Civilian Pay and Benefits .................................................................. 531,497,000 

Training and Recruiting: 

Training and Education .............................................................. 83,554,000 

Recruiting .................................................................................... 93,576,000 

Subtotal, Training and Recruiting ...................................... 177,130,000 

Operating Funds and Unit Level Maintenance: 

Atlantic Command ...................................................................... 169,188,000 

Pacific Command ......................................................................... 177,894,000 

1st District ................................................................................... 47,166,000 

7th District ................................................................................... 58,076,000 

8th District ................................................................................... 39,134,000 

9th District ................................................................................... 28,431,000 

13th District ................................................................................. 20,238,000 

14th District ................................................................................. 14,575,000 

17th District ................................................................................. 23,951,000 

Headquarters directorates .......................................................... 257,550,000 

Headquarters managed units ..................................................... 120,000,000 

Other activities ............................................................................ 767,000 

Subtotal, Operating Funds and Unit Level Maintenance 956,970,000 

Centrally Managed accounts ............................................................. 185,000,000 

Intermediate and Depot Level Maintenance: 

Aeronautical maintenance .......................................................... 230,636,000 

Electronic maintenance .............................................................. 101,408,000 

Civil/ocean engineering/short facilities maintenance ............... 160,024,000 

Vessel maintenance ..................................................................... 144,848,000 

Subtotal, Intermediate and Depot Level Maintenance ..... 636,916,000 

Total, Operating Expenses .................................................. 5,492,331,000 

Rescission, Port Security Assessments (P.L. 108–11) ..................... ¥15,103,569 

Total, Operating Expenses .................................................. 5,477,227,431 

RESPONSIVENESS TO CONGRESS

The conferees are disappointed and frustrated with the Coast 

Guard’s poor responsiveness to Committee direction. For this reason, the conferees note reductions to the budget request for operating expenses are directed at the Coast Guard’s senior management and not its field units. The conferees recognize the sacrifices 

of Coast Guard field personnel and have provided the full amount 

requested in the fiscal year 2006 budget request to support operational units. 

58 

POLAR ICEBREAKING

Both the House and Senate approved the transfer of 

$47,500,000 in polar icebreaking funding from the Coast Guard to 

the National Science Foundation (NSF) as requested in the budget. 

The conferees encourage the Coast Guard, NSF, and the Executive 

Office of the President to finalize a long-term strategy for polar 

icebreaking. The conferees direct the Coast Guard to pursue a sustainable cost sharing agreement with the NSF for unanticipated 

and extraordinary maintenance of the polar icebreakers. 

OCCUPATIONAL SAFETY AND HEALTH RISKS

The conferees understand the Coast Guard is currently evaluating technologies to determine how to minimize occupational safety and health risks to Coast Guard personnel. Due to concerns 

about increasing burdens on Coast Guard personnel, the conferees 

direct the Coast Guard to report on the status of such evaluations 

to the Committees on Appropriations no later than 60 days from 

the date of enactment of this Act. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

The conferees agree to provide $12,000,000 as proposed by both 

the House and the Senate. 

RESERVE TRAINING

The conferees agree to provide $119,000,000 as proposed by 

both the House and the Senate. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

The conferees agree to provide $1,141,800,000 instead of 

$798,152,000 as proposed by the House and $1,141,802,000 as proposed by the Senate. Funding is provided as follows: 

Vessels and Critical Infrastructure: 

Response boat medium ............................................................... $18,500,000 

Vessels and Critical Infrastructure ........................................... 18,500,000 

Aircraft: 

Covert Surveillance Aircraft ....................................................... 10,000,000 

Armed helicopter equipment ...................................................... 10,000,000 

C–130J Missionization ................................................................ — 

Subtotal, Aircraft ................................................................. 20,000,000 

Integrated Deepwater System: 

Aircraft: 

Maritime patrol aircraft ............................................................. 68,000,000 

Unmanned Aerial Vehicles (UAVs) ........................................... 40,000,000 

HH–60 sustainment projects ...................................................... 37,000,000 

HC–130 sustainment projects .................................................... 11,000,000 

HH–65 re-engining ...................................................................... 133,100,000 

Subtotal, Aircraft ................................................................. 289,100,000 

Surface Ships: 

National security cutter, construction ....................................... 368,000,000 

Offshore patrol cutter, development .......................................... 108,000,000 

Fast Response Cutter, long-lead items and development ........ 7,500,000 

Short Range Prosecutor program and IDS small boats ........... 700,000 

Medium Endurance Cutter program and legacy surface ship 

sustainment .............................................................................. 25,000,000 

Subtotal, Surface Ships ....................................................... 509,200,000 

59 

C4ISR .................................................................................................. 44,000,000 

Logistics ............................................................................................... 18,800,000 

System engineering and management .............................................. 37,000,000 

Government program management .................................................. 35,000,000 

Subtotal, Integrated Deepwater System ............................ 933,100,000 

Other Equipment: 

Rescue 21 ..................................................................................... 41,000,000 

Automatic Identification System ................................................ 24,000,000 

High frequency recap .................................................................. — 

Subtotal, Other Equipment ................................................. 65,000,000 

Shore Facilities and Aids to Navigation: 

Renovate USCGA Chase Hall barracks .................................... 15,000,000 

Replace multi-mission building-Group LIS ............................... 10,000,000 

Construct breakwater-Station Neah Bay .................................. 2,800,000 

Waterway aids to navigation infrastructure ............................. 3,900,000 

Subtotal, Shore Facilities and Aids to Navigation ............ 31,700,000 

Personnel and Related Support: 

Direct personnel costs ................................................................. 73,000,000 

AC&I core .................................................................................... 500,000 

Subtotal, Personnel and Related Support .......................... 73,500,000 

Total ...................................................................................... 1,141,800,000 

DEEPWATER

The conferees agree to provide $933,100,000 for the Integrated Deepwater System instead of $500,000,000 as proposed by the 

House and $988,600,000 as proposed by the Senate. The conferees 

are troubled by the progress of the Deepwater program. In response to the post-9/11 rebaselining requirements set forth within 

Public Law 108–334, the Coast Guard responded by missing deadlines, submitting inadequate information, and taking what was a 

straightforward acquisition program and turning it into a confusing 

plan that did not sufficiently explain how the Coast Guard intends 

to manage what is now a $24,000,000,000, 25-year effort. The conferees are supportive of Deepwater and want to see tangible 

progress in the modernization of the Coast Guard’s fleet. However, 

the conferees are frustrated with the Coast Guard’s inadequate justification and poor planning for Deepwater resources. 

The conferees include a new provision directing the Coast 

Guard to submit a review of the Revised Deepwater Implementation Plan in conjunction with the President’s fiscal year 2007 budget request. This report shall include: a detailed explanation of any 

changes to the plan for fiscal year 2007; a detailed, annual performance comparison of Deepwater assets to pre-Deepwater legacy 

assets in terms of operations and maintenance costs, operational 

availability (including mean time between failure and mean time 

to restore), mission performance, and crewing; a status report of 

legacy assets, including modernization progress, operational availability, and the projected, remaining service life of each class of legacy Deepwater asset; a comprehensive explanation of how the 

Coast Guard is accounting for the costs of legacy assets in the 

Deepwater program; an explanation of why many assets that are 

elements of the Integrated Deepwater System are not accounted for 

within Deepwater’s appropriation (such as the missionization of the 

C–130Js, the 179-foot Cyclone class cutters, and the airborne use 

60 

of force outfitting of the HH60s and HH65s); a description of the 

competitive process conducted in all contracts and subcontracts exceeding $5,000,000; a description of how the Coast Guard is planning for the human resource needs of Deepwater assets including 

rotational crewing for each asset utilizing such crewing and qualification training for commanding officers and petty officers in 

charge of Deepwater patrol boats; and the earned value management system gold card data, including data for all the factors in 

this system, for each asset being procured under Deepwater, including C4ISR and C–130J missionization. 

The conferees acknowledge the Coast Guard’s assertion that 

the accuracy of a Revised Deepwater Implementation Plan beyond 

five years is based upon numerous, unpredictable variables such as 

national security priorities and resource constraints. Therefore, the 

conferees believe the acquisition schedule for the duration of the 

plan will likely undergo significant modifications in five-year increments. The Coast Guard has also pointed to five-year increments, 

beginning in 2011, as benchmarks for measuring the performance 

of Deepwater assets as an entire system of systems, vice a fleet of 

non-integrated assets. For these reasons, the conferees have included a new provision directing the Coast Guard to submit a comprehensive review of the Revised Deepwater Implementation Plan 

every five years beginning in fiscal year 2011. This plan shall include a complete projection of the acquisition costs and schedule for 

the duration of the plan through fiscal year 2027. 

As Deepwater progresses, the conferees recognize there must 

be a methodical transition between the acquisition phase of the 

program and the integration of new assets into Coast Guard operations. The conferees believe diligent management of this transition is central to ensuring the effectiveness of the Deepwater program as well as the operational readiness of the Coast Guard. To 

address this concern, the conferees direct the Coast Guard to conduct an operational gap analysis for all Deepwater assets and provide an action plan on how the revised Deepwater plan addresses 

the shortfalls between current operational capabilities and operational requirements, as specified in the revised, post-9/11 Mission 

Needs Statement approved on January 24, 2005. This report should 

apply advanced analytical methods for forecasting future needs, as 

required in the Senate report, and should be submitted concurrently with the Coast Guard’s fiscal year 2007 budget request. 

PATROL BOATS

The conferees are very concerned about the availability and 

performance of the Coast Guard’s patrol boat fleet. The 110-foot Island Class patrol boats are currently experiencing major maintenance problems as well as technological obsolescence and the 

planned patrol boat replacement under Deepwater—the Fast Response Cutter (FRC)—is several years away from sea trials and 

production. The Coast Guard’s patrol boat needs are further 

stressed given the termination of the 110-to-123 conversion program that was intended to bridge the gap between the phase-out 

of the 110 and the deployment of the FRC. To address this critical 

issue and looming shortfall in patrol boat mission hours, the conferees agree to include a provision (section 527) rescinding unobliVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00060 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
61 

gated funds in the amount of $78,630,689 appropriated for 110-to123 conversions in fiscal years 2003, 2004, and 2005 and re-appropriating the funds for the service life extension of Island Class patrol boats and the design, production, and long lead materials of 

the FRC. The conferees direct the Coast Guard to provide a patrol 

boat availability report to the Committees on Appropriations no 

later than February 10, 2006, which includes: an expenditure plan 

for the 110 service life extension program; a detailed explanation 

of the FRC’s accelerated design and production that includes the 

application of the funds provided by this Act; and a mission hour 

and operational availability report for each 110 foot and 123 foot 

patrol boat in service. 

COVERT MANNED SURVEILLANCE AIRCRAFT

The conferees do not include a rescission of $13,999,000 in 

prior appropriations for the purchase of covert manned surveillance 

aircraft as proposed by the Senate. The conferees direct the Coast 

Guard to move forward with this procurement and agree to provide 

$10,000,000 for sensor procurement and installation as proposed by 

the House. 

RESCUE 21

Due to high unobligated balances and extensive program 

delays, the conferees agree to provide $41,000,000 for Rescue 21 instead of $91,000,000 as proposed by the House and $81,000,000 as 

proposed by the Senate. 

ALTERATION OF BRIDGES

The conferees agree to provide $15,000,000 as proposed by both 

the House and Senate. Within this total, funds shall be allocated 

as follows: 

Chelsea Street Bridge in Chelsea, Massachusetts ........................... $2,500,000 

Canadian Pacific Railroad Bridge in La Crosse, Wisconsin ........... 2,000,000 

Fourteen Mile Bridge, Mobile, Alabama .......................................... 6,000,000 

Galveston Railway Bridge, Galveston, Texas .................................. 2,500,000 

Burlington Northern Santa Fe Bridge in Burlington, Iowa ........... 1,000,000 

Elgin, Joliet, and Eastern Railway Company Bridge, Morris, Illinois ................................................................................................... 1,000,000 

Total ............................................................................................. 15,000,000 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

The conferees agree to provide $17,750,000 instead of 

$18,500,000 as proposed by the Senate. The House proposed 

$17,000,000 within the Science and Technology Directorate. The 

conferees expect the Commandant of the Coast Guard to continue 

to coordinate with the Under Secretary for Science and Technology 

on research and development activities. 

RETIRED PAY

The conferees agree to provide $1,014,080,000 as proposed by 

both the House and the Senate. 

62 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

The conferees agree to provide $1,208,310,000 instead of 

$1,228,981,000 as proposed by the House and $1,188,638,000 as 

proposed by the Senate. This includes: $2,500,000, to remain available until September 30, 2007, for Secret Service costs related to 

National Special Security Events; $39,600,000 to support investigations of electronic crimes; and $7,889,000 for activities relating to 

the National Center for Missing and Exploited Children, including 

$2,389,000 for forensic support. Funds shall be allocated as follows: 

Protection: 

Protection of persons and facilities ............................................ $576,316,000 

National Special Security Event Fund ...................................... 2,500,000 

Protective intelligence activities ................................................ 56,215,000 

White House mail screening ....................................................... 16,365,000 

Subtotal, Protection ................................................................. 651,396,000 

Field operations: 

Domestic field operations ........................................................... 238,888,000 

International field office administration, operations and 

training ..................................................................................... 20,968,000 

Electronic crimes special agent program and electronic 

crimes task forces .................................................................... 39,600,000 

Subtotal, Field operations ....................................................... 299,456,000 

Administration: 

Headquarters, management and administration ..................... 203,232,000 

National Center for Missing and Exploited Children .............. 7,889,000 

Subtotal, Administration ......................................................... 211,121,000 

Training: 

Rowley Training Center .............................................................. 46,337,000 

Total, Salaries and Expenses .................................................. 1,208,310,000 

NATIONAL SPECIAL SECURITY EVENTS

The conferees agree to provide $2,500,000 for the costs associated with National Special Security Events (NSSEs), instead of 

$10,000,000 as proposed by the House and no funds as proposed by 

the Senate. When combined with an unobligated balance of 

$2,329,000 from fiscal year 2005 appropriations, a total of 

$4,829,000 is available for NSSEs; funds appropriated in this Act 

for this purpose are made available through September 30, 2007. 

The conferees are aware of additional funds available through the 

Counterterrorism Fund, which may be made available for this purpose. The conferees are disappointed with the Secret Service’s lack 

of budgetary planning for the costs associated with security operations for NSSEs. Despite the considerable growth in size, complexity, and cost of NSSEs since their inception, the Secret Service 

has not effectively managed the resource impact of these events. 

The conferees prohibit the obligation of funds provided under this 

heading until the Committees on Appropriations receive a current 

NSSE budget model, as described in the House report. 

WORKLOAD REBALANCING

The conferees note the unacceptably high workload of personnel that has resulted from the significant increase in the scope 

63 

of the Secret Service’s dual mission. An average overtime rate of 

80 hours per special agent per month has arisen from a constantly 

evolving, post-9/11 threat environment; a three-fold increase in the 

number of protectees since 9/11; proliferation of identity theft and 

electronic crime; the occurrence of increasingly complex NSSEs; 

and support of Departmental missions such as critical infrastructure protection and cyber security. The conferees believe current 

workload conditions are unsustainable and direct the Secret Service to submit a workload rebalancing report as described within the 

House report no later than February 10, 2006. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

The conferees agree to provide $3,699,000 as proposed by both 

the House and Senate. 

TITLE III—PREPAREDNESS AND RECOVERY 

PREPAREDNESS 

MANAGEMENT AND ADMINISTRATION

The conferees agree to provide $16,079,000 for management 

and administration of the Preparedness Directorate. Included in 

this amount is $13,187,000 for the Office of the Under Secretary 

for Preparedness; $2,000,000 for the Office of the Chief Medical Officer, as proposed in the Secretary’s organizational restructuring 

plan submitted on July 13, 2005; and $892,000 for the Office of National Capital Region Coordination, including half year funding for 

two new staff. The conferees encourage the Office of National Capital Region Coordination to detail these personnel to the Homeland 

Security Operations Center if appropriate and necessary. 

The conferees establish this new account in response to the 

Secretary’s organizational restructuring plan submitted on July 13, 

2005, and include resources previously provided under the Office of 

the Under Secretary for Information Analysis and Infrastructure 

Protection (IAIP); the Office of the Under Secretary for Border and 

Transportation Security; the Office of State and Local Government 

Coordination and Preparedness; and the Office of National Capital 

Region Coordination previously funded in the Office of the Secretary and Executive Management. 

The conferees understand the newly created Preparedness Directorate will assess and prioritize policies and operations to enhance preparedness for a natural disaster or terrorist attack. The 

conferees direct this Directorate to work with the Director of Federal Emergency Management Agency to continue an all-hazard approach for preparation, response and recovery to any type of disaster. 

OFFICE FOR DOMESTIC PREPAREDNESS

SALARIES AND EXPENSES

The conferees agree to provide $5,000,000 for Office for Domestic Preparedness (ODP) salaries and expenses. 

64 

STATE AND LOCAL PROGRAMS

The conferees agree to provide $2,501,300,000 instead of $2,831,400,000 as proposed by the House and $2,714,300,000 as 

proposed by the Senate. State and Local Programs funding is allocated as follows: 

State Formula Grants: 

State Homeland Security Grant Program .......................... $550,000,000 

Law Enforcement Terrorism Prevention ............................ 400,000,000 

Subtotal, State Formula Grants .................................. 950,000,000 

Discretionary Grants: 

High-Threat, High-Density Urban Area ............................ 765,000,000 

Rail and Transit Security .................................................... 150,000,000 

Port Security ......................................................................... 175,000,000 

Buffer Zone Protection Plan ................................................ 50,000,000 

Intercity Bus Security .......................................................... 10,000,000 

Trucking Security ............................................................................... 5,000,000 

Subtotal, Discretionary Grants .................................... 1,155,000,000 

Commercial Equipment Direct Assistance Program ....................... 50,000,000 

National Programs: 

National Domestic Preparedness Consortium ................... 145,000,000 

National Exercise Program ................................................. 52,000,000 

Metropolitan Medical Response System ............................. 30,000,000 

Technical Assistance ............................................................ 20,000,000 

Demonstration Training Grants ......................................... 30,000,000 

Continuing Training Grants ............................................... 25,000,000 

Citizen Corps ........................................................................ 20,000,000 

Evaluations and Assessments ............................................. 14,300,000 

Rural Domestic Preparedness Consortium ........................ 10,000,000 

Subtotal, National Programs ....................................... 346,300,000 

Total, State and Local Programs ...................................................... 2,501,300,000 

For purposes of eligibility for funds under this heading, any 

county, city, village, town, district, borough, parish, port authority, 

transit authority, intercity rail provider, commuter rail system, 

freight rail provider, water district, regional planning commission, 

council of government, Indian tribe with jurisdiction over Indian 

country, authorized tribal organization, Alaska Native village, independent authority, special district, or other political subdivision of 

any state shall constitute a ‘‘local unit of government.’’ 

The conferees expect ODP to continue all current overtime reimbursement practices. The conferees continue bill language prohibiting the use of funds for construction, except for Port Security, 

Rail and Transit Security, and the Buffer Zone Protection Plan 

grants. Bill language is included, however, to allow State Homeland Security Grant Program (SHSGP), Law Enforcement Terrorism Prevention Program (LETPP), and High-Threat, High-Density Urban Area grants to be used for minor perimeter security 

projects and minor construction or renovation of necessary guard 

facilities, fencing, and related efforts, not to exceed $1,000,000 as 

deemed necessary by the Secretary. The conferees further agree 

that the erection of communication towers, which are included in 

a jurisdiction’s interoperable communications plan, does not constitute construction for the purposes of this Act. 

In addition, the conferees include bill language requiring the 

Government Accountability Office (GAO) to review the validity of 

the threat and risk factors, and the application of those factors in 

the allocation of funds provided to ODP, and to report to the ComVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00064 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
65 

mittees on Appropriations by November 17, 2005, on the results of 

this review. The Department is required to provide GAO with the 

necessary information within seven days of enactment of this Act 

to ensure that this review does not impact the allocation of grants 

to state and local entities. Further, the conferees direct GAO to review the validity of the threat and risk factors used to allocate discretionary grants, including a project-by-project analysis of grants 

to non-profit organizations, in fiscal years 2003, 2004, and 2005, 

and report to the Committees on Appropriations by May 5, 2006, 

on the results of this review. 

The conferees are concerned with the length of time, some in 

excess of three years, which certain State and local jurisdictions 

take to fully expend grant funds. The conferees direct the Department to report, by February 10, 2006, on the status of all open 

grants made prior to fiscal year 2003, including the specific reasons 

why the grant dollars have not yet been expended. Further, the report should include recommendations on actions being taken to ensure grant funds are spent in a timely manner and include an update on the execution of recommendations of the Task Force on 

State and Local Homeland Security Funding Report, dated June 

2004. 

The conferees agree that for State Formula Grants and HighThreat, High-Density Urban Areas grants, application kits shall be 

made available within 45 days after the start of fiscal year 2006, 

states shall have 90 days to apply after the grant is announced, 

and ODP shall act on an application within 90 days of its receipt. 

The conferees further agree that no less than 80 percent of these 

funds shall be passed by the state to local units of government 

within 60 days of the state receiving funds. Not to exceed three 

percent of grant funds may be used for administrative expenses. 

STATE FORMULA GRANTS

The conferees agree to provide $550,000,000 for SHSGP in- stead of $800,100,000 as proposed by the House. The Senate proposed $1,538,000,000 for State and Local Assistance, combining 

SHSGP and High-Threat, High-Density Urban Area Grants into a 

single account. The conferees also provide $400,000,000 for LETPP 

as proposed by both the House and Senate. 

DISCRETIONARY GRANTS

The conferees agree to provide $1,155,000,000 instead of $1,190,000,000 as proposed by the House. The Senate proposed 

$1,538,000,000 for State and Local Assistance, combining SHSGP 

and High-Threat, High-Density Urban Area Grants into a single 

appropriation, and provided $365,000,000 for Transportation and 

Infrastructure Grants in a separate appropriation. Of the funds 

provided, $765,000,000 is made available to the Secretary for discretionary grants to high-threat, high-density urban areas, including $25,000,000 for grants to non-profit organizations determined 

by the Secretary to be at high risk of international terrorist attacks 

as proposed by the Senate. The Secretary may not delegate this determination authority and must certify the threat to each grantee 

three days prior to the announcement of a grant award. The conferees believe the Secretary should consider, as it relates to the 

66 

grant allocation methodology, tourism destinations that attract 

tens of millions of visitors annually as potentially high risk targets. 

Despite the consolidation of select transportation and infrastructure security grant award functions, Transportation Security 

Administration (TSA) and Infrastructure Protection and Information Security (IPIS) shall retain operational subject matter expertise of these grants and will be fully engaged in the administration 

of related grant programs. 

PORT SECURITY

The conferees agree to provide $175,000,000 instead of 

$150,000,000 as proposed by the House and $200,000,000 as proposed by the Senate. The conferees direct ODP to ensure all port 

security grants are coordinated with the state, local port authority, 

and the Captain of the Port so all vested parties are aware of grant 

determinations and that limited resources are maximized. The conferees encourage the Secretary to consider the proximity of existing 

liquefied natural gas facilities and liquefied petroleum vessels 

among the risk factors when deciding eligibility for port security 

grant funding. 

RAIL AND TRANSIT SECURITY

The conferees agree to provide $150,000,000 as proposed by the 

House instead of $100,000,000 as proposed by the Senate. ODP 

shall continue to work with TSA to develop a robust rail and transit security program and with the Science and Technology Directorate (S&T) on the identification of possible research and design 

requirements for rail and transit security. 

The conferees are concerned by a recent ODP risk assessment 

that highlights the need for redundant transit operation control 

abilities in the national capital region to maintain federal government continuity of operations. The conferees direct ODP to submit 

a report no later than February 10, 2006, on the steps that may 

be taken to ensure this deficiency is addressed. 

COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM

The conferees agree to provide $50,000,000 as proposed by both 

the House and Senate. The conferees concur with both the House 

and Senate report language on the Commercial Equipment Direct 

Assistance Program. 

The conferees encourage ODP to work with the Department of 

Defense (DOD) to ensure promising technologies, such as skin decontamination kits currently in use by DOD, are made available on 

the commercial market for purchase by state and local agencies responsible for homeland security. 

NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM

The conferees agree to provide $145,000,000 as proposed by the 

Senate instead of $125,000,000 as proposed by the House. This 

funding shall be allocated in accordance with the Senate report. 

67 

METROPOLITAN MEDICAL RESPONSE SYSTEM

The conferees agree to provide $30,000,000 instead of 

$40,000,000 as proposed by the House and $10,000,000 as proposed 

by the Senate. 

TECHNICAL ASSISTANCE

The conferees agree to provide $20,000,000 as proposed by both 

the House and Senate. The conferees recognize the importance of 

interoperable communications standards, which are critical to the 

Department’s efforts to improve communications nationally. The 

conferees direct the Under Secretary for Science and Technology 

(S&T) to expedite the development of these standards, and coordinate with ODP to ensure ODP’s technical assistance program incorporates these standards, as appropriate, and as spelled out in the 

Memorandum of Agreement between S&T and ODP. 

The conferees note there is no existing capability for real-time 

exchange of information at the regional or interstate levels regarding equipment and supplies inventory, readiness, or the compatibility of equipment. The conferees encourage ODP to review the 

use of logistic centers to consolidate State and local assets, provide 

life-cycle management and maintenance of equipment, allow for 

easy identification and rapid deployment during an incident, and 

allow for the sharing of inventories across jurisdictions. 

DEMONSTRATION TRAINING GRANTS

The conferees agree to provide $30,000,000 as proposed by the 

Senate instead of $35,000,000 as proposed by the House. The conferees are concerned, while terrorism prevention is a national priority, little is being done to create prevention expertise in our nation’s first responders. Without well developed terrorism prevention 

plans, state and local agencies lack a key piece in the fight against 

terrorism. The conferees encourage ODP to create a terrorism prevention certificate training program that will enable graduates to 

help their communities or organizations develop the necessary terrorism prevention plans. 

CONTINUING TRAINING GRANTS

The conferees agree to provide $25,000,000 as proposed by the 

Senate instead of $30,000,000 as proposed by the House. 

CITIZEN CORPS

The conferees agree to provide $20,000,000 instead of 

$40,000,000 as proposed by the House and $25,000,000 as proposed 

by the Senate. Mobilizing communities and citizens to assist law 

enforcement in preventing acts of terrorism is as important as preparing communities and citizens to respond to a terrorist incident. 

The conferees are aware of the work the Citizen Corps has done 

in partnership with the National Crime Prevention Council (NCPC) 

in organizing comprehensive community planning. The conferees 

encourage ODP to continue to emphasize prevention in all of its 

programs and to work with the NCPC. 

68 

RURAL DOMESTIC PREPAREDNESS CONSORTIUM

The conferees agree to provide $10,000,000 as proposed by the 

House. The Senate included no similar provision. The conferees direct ODP to continue the development of specialized and innovative 

training curricula for rural first responders and ensure the coordination of such efforts with existing ODP training partners. 

INTEROPERABLE COMMUNICATIONS

The conferees concur with the Senate report language regarding interoperable communication implementation plans. 

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 8

The conferees concur with the House report language regarding Homeland Security Presidential Directive 8 implementation; 

however, ODP shall issue the final National Preparedness Goal no 

later than December 31, 2005, and complete the National Preparedness Assessment and Reporting System no later than September 30, 2006. 

EMERGENCY MEDICAL SERVICES

The conferees are very concerned with the lack of first responder grant funding being provided to the Emergency Medical 

Services (EMS) community. The conferees direct ODP to require 

state and local governments to include EMS representatives in 

planning committees as an equal partner and to facilitate a nationwide EMS needs assessment. The conferees do not mandate that a 

certain percentage of grant funds be allocated to any one type of 

first responders. However, the conferees direct ODP to evaluate 

how much money goes to EMS providers and to require an explanation from any state not providing at least ten percent of its grant 

funding to EMS providers to better train and equip them to provide 

critical life-saving assistance in the event of a chemical, biological, 

radiological, or explosive event. 

CATASTROPHIC PLANNING

The conferees note the tragic events in the wake of Hurricane 

Katrina indicate the importance of preparation and having plans in 

place to deal with catastrophic events. It is imperative all states 

and Urban Area Security Initiative grantees ensure there are sufficient resources devoted to putting in place plans for the complete 

evacuation of residents, including special needs groups in hospitals 

and nursing homes, or residents without access to transportation, 

in advance of and after such an event, as well as plans for sustenance of evacuees. 

The conferees direct the Secretary to report on the status of 

catastrophic planning, including mass evacuation planning in all 

50 states and the 75 largest urban areas by February 10, 2006. The 

report should include certifications from each state and urban area 

as to the exact status of plans for evacuations of entire metropolitan areas in the state and the entire state, the dates such plans 

were last updated, the date exercises were last conducted using the 

plans, and plans for sustenance of evacuees. 

69 

ELIGIBILITY

The conferees urge the Department to work with state and 

local governments to ensure regional authorities, such as port, 

transit, or tribal authorities are given due consideration in the distribution of State Formula Grants. 

RAPID DECONTAMINATION PREPAREDNESS

The conferees are concerned with the lack of planning and 

preparation for a rapid decontamination response in the event of 

a large scale biological or chemical attack. The conferees direct 

ODP, in consultation with S&T, the Environmental Protection 

Agency, and other relevant federal agencies, to report, not later 

than February 10, 2006, on the feasibility and plan for establishing 

a regionally based, pre-positioned rapid response capability for the 

decontamination of biological and chemical agents based on technologies that meet the decontamination standards for those agents. 

EFFECTIVENESS SURVEY

The conferees direct the Secretary to comply with section 522 

of the Senate bill with regard to a survey of state and local government emergency officials. 

FIREFIGHTER ASSISTANCE GRANTS

The conferees agree to provide $655,000,000 instead of $650,000,000 as proposed by the House and $665,000,000 as proposed by the Senate. Of this amount, $110,000,000 shall be for firefighter staffing, as authorized by section 34 of the Federal Fire Prevention and Control Act of 1974, instead of $75,000,000 as proposed by the House and $115,000,000 as proposed by the Senate. 

The conferees are concerned by the Department’s proposed 

shift in grant focus from all-hazards to placing a priority on terrorism, and the proposed deletion of several eligible activities, specifically, wellness and fitness programs, emergency medical services, fire prevention programs, public education programs, and 

modifications of facilities for health and safety of personnel. The 

Department shall continue the current practice of funding applications according to local priorities and those established by the 

United States Fire Administration (USFA), continue direct funding 

of grants to fire departments, continue the peer review process for 

determining funding awards, reinstate all previously eligible funding areas, and include the USFA during grant administration. The 

conferees further agree to make $3,000,000 available for implementation of section 205(c) of Public Law 108–169, the United States 

Fire Administration Reauthorization Act of 2003. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

The conferees agree to provide $185,000,000 instead of 

$180,000,000 as proposed by the House and $190,000,000 as proposed by the Senate. The conferees agree Emergency Management 

Performance Grants (EMPGs) are vital to state and local emergency management systems. The Department shall continue funding personnel expenses without a limit and continue current grant 

administrative practices, including grant allocation and a focus on 

70 

all-hazards, in a manner identical to fiscal year 2005. The conferees agree ODP shall continue to include the Federal Emergency 

Management Agency (FEMA) subject matter experts in the review 

of EMPG applications, determinations of eligibility, and making 

award determinations. Furthermore, the conferees expect FEMA 

regional emergency managers’ relationship with state and local 

governments to continue and expect ODP to work with all State 

Administrating Agencies to ensure funds reach the emergency 

management communities as quickly as possible. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The conferees agree to provide for the receipt and expenditure 

of fees collected, as authorized by Public Law 105–276 and as proposed by both the House and Senate. The conferees move these 

programs from the Emergency Preparedness and Response Directorate to the Preparedness Directorate, as proposed in the Secretary’s organizational restructuring plan dated July 13, 2005. 

UNITED STATES FIRE ADMINISTRATION AND TRAINING

The conferees agree to provide $44,948,000 for the United 

States Fire Administration and Training. Of this amount, 

$4,507,000 is for the Noble Training Center. The conferees move 

these programs from the Emergency Preparedness and Response 

Directorate to the Preparedness Directorate, as proposed in the 

Secretary’s organizational restructuring plan dated July 13, 2005. 

The conferees concur with Senate report language on the preparedness of local fire departments; however, the report shall be provided by March 1, 2007, instead of February 18, 2006. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

The conferees agree to provide $625,499,000 for infrastructure 

protection and information security (IPIS) programs. The conferees 

move IPIS programs from Information Analysis and Infrastructure 

Protection (IAIP), Management and Administration and Evaluations and Assessments, to the Preparedness Directorate, as proposed in the Secretary’s organizational restructuring plan submitted on July 13, 2005. Funding is allocated as follows: 

Management and Administration ..................................................... $83,342,000 

Critical Infrastructure Outreach and Partnership .......................... 112,177,000 

Critical Infrastructure Identification and Evaluation ..................... 68,500,000 

National Infrastructure Simulation and Analysis Center .............. 20,000,000 

Biosurveillance .................................................................................... 14,100,000 

Protective Actions ............................................................................... 91,399,000 

Cyber Security .................................................................................... 93,349,000 

National Security/Emergency Preparedness Telecommunications 142,632,000 

Total ............................................................................................. 625,499,000 

MANAGEMENT AND ADMINISTRATION

The conferees agree to provide $83,342,000 for Management 

and Administration. The conferees have reduced Management and 

Administration funding based on a continuing large number of personnel vacancies. The conferees do not believe the IPIS will reach 

71 

its fully authorized full-time equivalent levels by the end of fiscal 

year 2005 and have reduced fiscal year 2006 funding accordingly. 

CRITICAL INFRASTRUCTURE OUTREACH AND PARTNERSHIP

The conferees agree to provide $112,177,000 instead of $62,177,000 as proposed by the House and $126,592,000 as proposed by the Senate. Included in this amount is $50,000,000 for the 

National Center for Critical Information Processing and Storage 

(NCCIPS) for data center services for critical infrastructure information, including development, operations, and maintenance of the 

Center. The conferees direct a report, no later than February 10, 

2006, on the progress of further developing NCCIPS. 

CRITICAL INFRASTRUCTURE IDENTIFICATION AND EVALUATION

The conferees agree to provide $68,500,000 instead of $77,173,000 as proposed by the House and $59,903,000 as proposed 

by the Senate. Included in this amount is $7,500,000 for the Comprehensive Review directed in the House Report 109–79 and 

$20,000,000 for the National Asset Database. 

CHEMICAL FACILITY SECURITY

The conferees direct the Secretary to complete vulnerability assessments of the highest risk chemical facilities in the United 

States by December 2006. In determining which facilities to assess, 

the Secretary should give preference to facilities that, if attacked, 

pose the greatest threat to human life and the economy. The conferees also direct the Department to complete a national security 

strategy for the chemical sector by February 10, 2006. 

NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER

(NISAC) 

The conferees agree to provide $20,000,000 instead of $16,000,000 as proposed by the House and $21,000,000 as proposed 

by the Senate. The conferees agree that Sandia and Los Alamos 

National Laboratories shall continue to develop the NISAC and be 

the lead entities in securing the Nation’s critical infrastructure. 

CYBER SECURITY

The conferees agree to provide $93,349,000, including $30,000,000 to continue National cyber security exercises and outreach. The conferees strongly support cyber partnerships among 

federal, state, local agencies, and the private sector that demonstrate the ability to transfer technologies from federal laboratories and package them into tools, training, and technical assistance to meet and enhance the demands of federal, state, and local 

end users. Included in the amount provided is the budget request 

level for United States Computer Emergency Readiness Team operations. 

COUNTERTERRORISM FUND

The conferees agree to provide $2,000,000 instead of 

$10,000,000 as proposed by the House and $3,000,000 as proposed 

72 

by the Senate. The conferees expect the Secretary to provide written notification to the Committees on Appropriations upon the designation of a National Special Security Event. The written notification shall include the following information: location and date of 

the event, federal agencies involved in the protection and planning 

of the event, the estimated federal costs of the event, and the 

source of funding to cover the anticipated expenditures. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

ADMINISTRATIVE AND REGIONAL OPERATIONS

The conferees agree to provide $221,240,000 instead of 

$227,747,000 as proposed by the House and $220,747,000 as proposed by the Senate. Within these funds, the conferees agree to 

provide $4,306,000 for the office of the Director of the Federal 

Emergency Management Agency (FEMA) and $5,000,000 for the 

Document Management Support Program. 

The conferees are concerned with administrative actions being 

taken to close FEMA’s Pacific Area Office (PAO). The PAO provides 

the primary federal response to disasters throughout the Pacific Islands. Given the PAO’s proximity to the other Pacific Islands within Region IX and the specialized knowledge of its staff on the islands’ geography and cultures, the conferees direct FEMA to continue to operate the PAO. 

PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

The conferees agree to provide $204,058,000 instead of 

$249,499,000 as proposed by the House and $193,899,000 as proposed by the Senate. No funding is provided for Nuclear Incident 

Response as proposed by the Senate. Within these funds, the conferees agree to provide $20,000,000 for catastrophic planning. The 

conferees do not agree to rescind $9,600,000 as proposed by the 

Senate. Within the funds provided for catastrophic planning, the 

conferees agree FEMA shall reimburse non-governmental organizations with cooperating agency responsibilities under the Department’s National Response Plan (NRP) and Catastrophic Incident 

Annex/Supplement (CIA/S) for planning activities required by the 

NRP–CIA/S, provided costs do not exceed $5,000,000. Further, the 

Secretary is directed to include these costs in future budget submissions. The conferees concur with Senate bill language encouraging acquisition of an integrated mobile medical system. 

The conferees are aware FM broadcast radio infrastructure 

and public television stations are moving forward with several Integrated Public Alert and Warning System programs towards a national alert and warning policy and architecture and encourage 

FEMA to support these efforts. 

URBAN SEARCH AND RESCUE

Of the funds provided for Preparedness, Mitigation, Response, and Recovery, the conferees agree to provide $20,000,000 for urban 

search and rescue instead of $7,000,000 as proposed by the House 

and $30,000,000 as proposed by Senate. The conferees direct the 

Secretary to provide a report by February 10, 2006, on the total 

73 

costs in fiscal years 2005, 2006, and proposed for 2007 to operate 

and train the 28 Urban Search and Rescue teams, the cost to maintain the first equipment cache, the cost to maintain the second 

equipment cache, the cost to replace expiring drugs, the costs to replace/repair equipment that has been used in training or actual 

disasters, and all other costs of the program. The report should include state, local and Federal costs and an assessment of the appropriate share for each level of government. 

NATIONAL INCIDENT MANAGEMENT SYSTEM

Of the funds provided for Preparedness, Mitigation, Response, 

and Recovery, the conferees agree to provide $22,000,000 for the 

National Incident Management System (NIMS) as proposed by the 

House. The conferees direct FEMA to use no less than $10,000,000 

to continue to implement NIMS nationwide, with a focus specifically on standards identification, testing and evaluation of equipment, and gap and lessons learned identification. 

EMERGENCY STRUCTURES

Of the funds provided for Preparedness, Mitigation, Response, 

and Recovery, the conferees agree to provide $4,000,000 for emergency structures as proposed by the House. The Department is 

strongly encouraged to begin to utilize structures that can be 

stacked for economical shipping and storage, expanded during assembly to increase useable space, and returned to their original dimensions when disassembled. The structures should also be suitable to address infrastructure needs, such as offices, schools, medical centers, and other public buildings, and sturdy enough to ensure multiple reuse in future deployments. The conferees believe 

this innovative and higher quality structure should provide substantial cost-savings over time to the federal government through 

effective multiple reuse, and will enhance current response and recovery activities well beyond the semi-disposable products currently 

being used. The conferees direct FEMA to commence this new activity immediately and to ensure emergency housing and infrastructure requirements are submitted with their fiscal year 2007 

budget request. 

MASS EVACUATIONS

The conferees recognize that state and local governments must 

develop multi-state and multi-jurisdictional plans in the event that 

a mass evacuation takes place from an urban area to neighboring 

rural areas. The conferees direct the Department, through the Catastrophic Disaster Planning Program, to develop coordinated guidelines for state and local governments as they develop mass evacuation plans. Plans should include, where appropriate, the pre-positioning of items that will be required during a mass evacuation, 

such as food, water, medicine and interoperable communications 

equipment. The Department is encouraged to consider the need for 

such pre-positioned equipment in allocating first responder funds. 

74 

CRISIS COUNSELING

The conferees understand the Crisis Counseling Program, 

funded to provide mental health services for first responders who 

responded to the attacks of 9/11 ended September 30, 2005. Further, the conferees understand New York City will provide similar 

services to those who continue to need services. In order to ensure 

first responders continue to receive mental health and other services, the conferees direct FEMA to provide a report on the transition of these services from federal to city administration by February 10, 2006. 

PUBLIC HEALTH PROGRAMS

The conferees agree to provide $34,000,000 as proposed by both 

the House and Senate. 

DISASTER RELIEF

The conferees agree to provide $1,770,000,000 instead of $2,000,000,000 as proposed by the House and $1,920,000,000 as 

proposed by the Senate. The conferees concur with House report 

language on Disaster Relief Fund overpayments; however, the report shall be provided by June 1, 2006, instead of March 15, 2006. 

The conferees agree the Secretary shall provide clear, concise, 

and uniform guidelines for the reimbursement to any county or 

government entity affected by a hurricane on the costs of hurricane 

debris removal. 

The conferees agree the Secretary shall submit to the Committees on Appropriations a report describing any changes to federal 

emergency preparedness and response policies and practices as a 

result of the Inspector General’s report (OIG–05–20) related to 

Hurricane Frances. 

The conferees agree that, not later than 90 days from the date 

of enactment of this Act, the Secretary shall issue new guidelines 

to prohibit inspectors from entering into a contract for the sale of 

any house or household item he or she inspected. The guidelines 

shall apply to those performing inspections that determine eligibility for assistance from FEMA. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

The conferees agree to provide $567,000 for administrative expenses as proposed by both the House and Senate. Gross obligations for the principal amount of direct loans shall not exceed 

$25,000,000 as proposed by both the House and Senate. 

FLOOD MAP MODERNIZATION FUND

The conferees agree to provide $200,000,000 as proposed by 

both the House and Senate. The conferees recognize the importance 

of the Flood Map Modernization Program to state and local governments. When allocating federal flood mapping modernization funds, 

the conferees encourage FEMA to prioritize as criteria the number 

of stream and coastal miles within the state, the Mississippi River 

Delta region, and the participation of the state in leveraging nonfederal contributions. The conferees further direct FEMA to recognize and support those states that integrate the Flood Map ModVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00074 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
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ernization Program with other state programs to enhance greater 

security efforts and capabilities in the areas of emergency management, transportation planning and disaster response. The conferees 

recognize the usefulness of updated flood maps in state planning, 

and encourage this efficient use of federal dollars. This is in addition to direction contained in the House and Senate reports. 

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $36,496,000 for salaries and expenses as proposed by both the House and Senate. The conferees 

further agree to provide up to $40,000,000 for severe repetitive loss 

property mitigation expenses pursuant to section 1361A of the National Flood Insurance Act (NFIA) of 1968; $10,000,000 for flood 

mitigation activities pursuant to section 1323 of the NFIA; and up 

to $99,358,000 for other flood mitigation activities, of which up to 

$40,000,000 is available for transfer to the National Flood Mitigation Fund. The conferees further agree on limitations of 

$55,000,000 for operating expenses, $660,148,000 for agents’ commissions and taxes, and $30,000,000 for interest on Treasury borrowings. 

The conferees believe that, while the new flood mitigation programs targeted at repetitive loss properties will strengthen the solvency of the National Flood Insurance Fund in the long-term, it is 

important to manage the short-term health of the Fund as well. 

Therefore, the conferees direct FEMA, in the execution of these 

programs, to manage the Fund in the most appropriate manner in 

order to maintain solvency. 

NATIONAL FLOOD MITIGATION FUND

The conferees agree to provide $40,000,000 by transfer from 

the National Flood Insurance Fund as proposed by the House instead of $28,000,000 as proposed by the Senate. 

NATIONAL PREDISASTER MITIGATION FUND

The conferees agree to provide $50,000,000 instead of 

$150,000,000 as proposed by the House and $37,000,000 as proposed by the Senate. The conferees are concerned with the current 

large unobligated balances in the National Predisaster Mitigation 

Fund. The conferees understand FEMA intends to obligate 

$118,000,000 of carryover funding in fiscal year 2005 and the remaining $130,000,000 by the end of fiscal year 2006. The conferees 

support the Predisaster Mitigation program but are concerned by 

the very slow pace of implementation and the obligation of the 

funds. 

EMERGENCY FOOD AND SHELTER

The conferees agree to provide $153,000,000 as proposed by 

both the House and Senate. 

76 

TITLE IV—RESEARCH, DEVELOPMENT, TRAINING, AND 

SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

The conferees agree to provide $115,000,000, instead of 

$120,000,000 as proposed by the House and $80,000,000 as proposed by the Senate. The conference agreement includes 

$80,000,000 for backlog elimination, as well as $35,000,000 to support the U.S. Citizenship and Immigration Services (CIS) information technology transformation effort and convert immigration 

records into digital format. Current estimates of fee collections are 

$1,774,000,000, for total resources available to CIS of 

$1,889,000,000. The conferees direct that, of these collections, not 

to exceed $5,000 shall be for official reception and representation 

expenses. The conferees do not require the Department to report on 

facility needs for CIS. 

The following table specifies funding by budget activity, and includes both direct appropriations and estimated collections: 

Backlog Reduction Initiatives (Direct Appropriations): 

Contracting Services (Backlog reduction) ................................. $70,000,000 

Other (Backlog reduction) .......................................................... 10,000,000 

Digitization and Information Technology Transformation ...... 35,000,000 

Subtotal, Backlog Reduction Initiatives ................................ 115,000,000 

Adjudication Services (fee accounts): 

Pay and Benefits ......................................................................... 657,000,000 

Operating Expenses: 

District Operations ...................................................................... 349,000,000 

Service Center Operations .......................................................... 250,000,000 

Asylum, Refugee and International Operations ....................... 74,000,000 

Records operations ...................................................................... 66,000,000 

Subtotal, Adjudication Services .............................................. 1,396,000,000 

Information and Customer Services (fee accounts): 

Pay and Benefits ......................................................................... 80,000,000 

Operating Expenses: 

National Customer Service Center ............................................ 47,000,000 

Information Services ................................................................... 14,000,000 

Subtotal, Information and Customer Services ...................... 141,000,000 

Administration (fee accounts): 

Pay and Benefits ......................................................................... 44,000,000 

Operating expenses ..................................................................... 193,000,000 

Subtotal, Administration ......................................................... 237,000,000 

Total, U.S. Citizenship and Immigration Services .......................... 1,889,000,000 

INFORMATION TECHNOLOGY MODERNIZATION

The conferees include $35,000,000 to support the information 

technology transformation process at CIS. The conferees direct CIS 

to refrain from obligating any of the funds until the Committees on 

Appropriations have received and approved a detailed spending 

plan, complete with project milestones, and reflecting compliance 

with DHS and OMB guidelines for information technology investments. 

77 

SPANISH LANGUAGE PROGRAMS

The conferees are aware CIS programs such as the National 

Customer Service Center provide nationwide telephone assistance 

to customers calling from within the United States about immigration services and benefits; information is available in English and 

Spanish. The conferees encourage CIS to continue to support programs that provide Spanish-speaking residents with information 

and assistance related to naturalization and citizenship. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

The conferees agree to provide $194,000,000 as proposed by the 

House and the Senate. This amount includes the funds requested 

in the budget and an additional $10,638,000 to meet the increased 

training needs of the Border Patrol and Immigration and Customs 

Enforcement. 

The conferees are concerned with the lack of use of the Cheltenham, Maryland, training site. The conferees direct the Department to provide a report on the utilization rates of this facility and 

make recommendations on how it intends to improve usage no 

later than February 10, 2006. 

The conferees do not provide authority to assess pecuniary liability against employees and students. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

The conferees agree to provide $88,358,000 as proposed by the 

Senate instead of $64,743,000 as proposed by the House. The increase from the budget request includes $44,327,000 for renovation 

and construction needs at the Artesia, New Mexico, training center 

and $3,395,000 for construction at the Glynco, Georgia, training 

center. 

INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

MANAGEMENT AND ADMINISTRATION

The conferees agree to provide no funding for this appropriation, as proposed in the Secretary’s organizational restructuring 

plan submitted on July 13, 2005, which abolished Information 

Analysis and Infrastructure Protection (IAIP), Management and 

Administration, instead of $190,200,000 as proposed by the House 

and $168,769,000 as proposed by the Senate. Funding for the functions currently performed by IAIP are included under other appropriations in this Act, and are identified accordingly. 

ASSESSMENTS AND EVALUATIONS

The conferees agree to provide no funding for this appropriation, as proposed in the Secretary’s organizational restructuring 

plan submitted on July 13, 2005, which abolished IAIP, Assessments and Evaluations, instead of $663,240,000 as proposed by the 

House and $701,793,000 as proposed by the Senate. Funding for 

78 

the functions currently performed by IAIP are included under other 

appropriations in this Act, and are identified accordingly. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

The conferees agree to provide $81,099,000 for management 

and administration as proposed by the Senate instead of 

$81,399,000 as proposed by the House. This amount includes 

$6,479,000 for the immediate Office of the Under Secretary and 

$74,620,000 for other salaries and expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

The conferees agree to provide $1,420,997,000 for research, development, acquisition, and operations instead of $1,208,597,000 as 

proposed by the House and $1,372,399,000 as proposed by the Senate. 

The following table specifies funding by budget activity: 

Biological Countermeasures .................................................................. $380,000,000 

Chemical Countermeasures .................................................................. 95,000,000 

Explosives Countermeasures ................................................................ 44,000,000 

Threat and Vulnerability, Testing and Assessment ........................... 43,000,000 

Conventional Missions .......................................................................... 80,000,000 

Rapid prototyping program ................................................................... 35,000,000 

Standards ............................................................................................... 35,000,000 

Emerging Threats .................................................................................. 8,000,000 

Critical Infrastructure Protection ......................................................... 40,800,000 

University Programs/Homeland Security Fellowship Programs ....... 63,000,000 

Counter MANPADS ............................................................................... 110,000,000 

Safety Act ............................................................................................... 7,000,000 

Cyber Security ....................................................................................... 16,700,000 

Interoperability and Compatibility ....................................................... 26,500,000 

Research and Development Consolidation ........................................... 99,897,000 

Radiological and Nuclear Countermeasures ........................................ 19,086,000 

Domestic Nuclear Detection Office ....................................................... 318,014,000 

Total, Research, Development, Acquisition, and Operations .......... 1,420,997,000 

TECHNOLOGY DEVELOPMENT AND TRANSFER

The conferees do not provide separate funding for Technology 

Development and Transfer as proposed by the House. 

BIOLOGICAL COUNTERMEASURES

The conferees agree to provide $380,000,000 for Biological Countermeasures instead of $360,000,000 as proposed by the 

House and $384,300,000 as proposed by the Senate. The conferees 

agree to provide $23,000,000 to select a site and other pre-construction activities for the National Bio and Agrodefense Facility. 

AIR CARGO

Based on recommendations in Science and Technology’s (S&T) 

system engineering study of civil aviation security, the conferees direct $30,000,000 be used to conduct three cargo screening pilot programs—one at an all cargo airport facility and two at passenger 

cargo airports (top twenty in size)—to test different concepts of operation, as described in the House report. The conferees expect 

79 

S&T to utilize TSA airport management staff to manage the oversight and day-to-day operations of these pilot programs to the 

greatest extent possible. One of the pilots should test whether a 

significant amount of cargo can be screened in the terminal using 

existing checked baggage security infrastructure. The conferees 

also expect S&T to locate these pilots at airport or airline facilities 

willing to contribute both physical space and other resources to this 

effort. The conferees direct S&T to begin all pilots in fiscal year 

2006, to report on the initial results of the pilots every six months 

after initiation of the first pilot, and to report on the final results 

four months after the last pilot is completed. 

RADIOLOGICAL AND NUCLEAR COUNTERMEASURES

The conferees agree to provide $19,086,000 for Radiological 

and Nuclear Countermeasures as proposed by the House instead of 

$226,000,000 as proposed by the Senate for Incident Management 

and Recovery, and Attribution and Forensics on Contaminated Evidence. Funding for all other Radiological and Nuclear portfolio activities is transferred to the Domestic Nuclear Detection Office. 

DOMESTIC NUCLEAR DETECTION OFFICE

The conferees agree to provide $318,014,000 for the Domestic Nuclear Detection Office (DNDO) instead of $127,314,000 as proposed by both the House and the Senate. The conferees direct not 

less than $81,000,000 of the amount provided is for evolutionary 

and transformational radiological and nuclear research and development activities. DNDO should leverage its resources with existing institutions, such as national labs and the research and development community, where practicable. In addition, $4,000,000 is 

included for deployment of detection systems at interstate weigh 

stations. The amount provided also includes $125,000,000, as proposed by the Senate within the S&T ‘‘Rad/Nuc’’ research program 

and by the House within the Customs and Border Protection ’’Salaries and Expenses’’ account, for the testing, development, and deployment of radiation portal monitors at the Nation’s ports-ofentry. Language is included in the bill making this amount available until expended solely for this purpose. Excluding funding for radiation portal monitors, $144,760,500 

may not be obligated until the Committees on Appropriations receive and approve an expenditure plan prepared by the Secretary 

and reviewed by the Government Accountability Office. None of 

these funds shall be obligated for establishing new programs, prototyping, or implementing a global systems architecture until the 

Committees on Appropriations receive and approve the expenditure 

plan. This plan shall include funding by program, project, and activity for each of fiscal years 2006 through 2010 and an organizational staffing plan, including contractors, full-time employee 

equivalents, and intra and inter agency detailees. In addition, the 

conferees direct the expenditure plan include a detailed description 

of the global nuclear detection systems architecture and milestones 

and costs, by fiscal year, for implementing the architecture. The 

plan should also include identification of the roles, missions, and 

responsibilities of DNDO as compared to the statutory responsibilities of all Federal agencies involved in radiological and nuclear deVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00079 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
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tection and how the DNDO changes any current roles, responsibilities, and functions of each involved Federal partner in both the domestic and international arenas. 

CONVENTIONAL MISSION SUPPORT

The conferees agree to provide $80,000,000 as proposed by the House instead of $74,650,000 as proposed by the Senate. The 

amount includes $25,000,000 for piloting a regional program for 

Federal Emergency Management Agency/State and Locals, as proposed by the Senate. 

CONTAINER SECURITY AND MEGAPORTS INITIATIVE

The conferees support the budget request for container security 

research activities. The conferees direct the Department to provide 

a report, in conjunction with the U.S. Department of Energy, by 

February 10, 2006, on the progress made by both Departments on 

various radiation technology efforts, the degree of coordination between the megaport initiative and the Container Security Initiative, the types of technology (both radiation detection and other 

non-intrusive inspection technology) being deployed at specific locations, and the extent to which next generation technology is being 

explored and developed for future use. 

BLAST RESISTANT RECEPTACLES

The conferees concur with the House report on blast resistant 

receptacles. 

CRITICAL INFRASTRUCTURE PROTECTION

The conferees agree to provide $40,800,000 for Critical Infrastructure protection instead of $35,800,000 as proposed by the 

House and $13,800,000 as proposed by the Senate. The conferees 

recommend $20,000,000 to support existing work in research, development and application of technology for community based critical infrastructure protection efforts. The conferees are concerned 

the Department lacks appropriate assessment tools to help 

prioritize security risks for critical infrastructure and urges S&T to 

examine well-established scientific analysis tools commonly used in 

engineering and design, including six sigma analysis. 

RAPID PROTOTYPING

The conferees agree to provide $35,000,000 for Rapid Prototyping instead of $30,000,000 as proposed by the House and 

$20,900,000 as proposed by the Senate. The conferees support the 

budget request and include additional funds of $4,000,000 to encourage further implementation of section 313 of the Homeland Security Act of 2002, and to increase the speed innovative products 

are being reviewed, certified, and released to market. An additional 

$10,000,000 is provided to evaluate emerging civil aviation defense 

technologies. 

COUNTER MANPADS

The conferees agree to provide $110,000,000 as proposed by the 

House and the Senate. The conferees do not support using 

81 

$10,000,000 of this amount for investigating alternative technologies as proposed by the House. 

INTEROPERABILITY AND COMPATIBILITY

The conferees agree to provide $26,500,000 for Interoperability 

and Compatibility instead of $41,500,000 as proposed by the House 

and $15,000,000 as proposed by the Senate. The amount provided 

includes $5,000,000 for expanded deployment of RapidCom, instead 

of $10,000,000 as proposed by the House. The conferees concur 

with the House report language regarding the Risk Assessment 

Policy Working Group. The conferees direct the Office of Interoperability and Compatibility (OIC) to work with the National Institute 

of Standards and Technology and the U.S. Department of Justice 

to require, when Project 25 equipment is purchased with such 

funds, the equipment meets the requirements of a conformity assessment program. The conferees further direct such a conformity 

assessment program be funded by this appropriation and be available by the end of fiscal year 2006. Consistent with current 

SAFECOM guidelines, the conferees agree other technologies can 

also be funded, but the grant applications should present a compelling argument why the use of these other technologies will improve 

the status quo of interoperability with neighboring jurisdictions. 

AGROTERRORISM

The conferees encourage the Department to work in conjunction with USDA and HHS and other organizations on 

agroterrorism and animal-based bioterrorism, including the development and stockpiling of veterinary vaccines. The conferees also 

encourage S&T to work with one or more states to develop a model 

integrated agricultural response system, utilizing geographic information systems that identify critical agricultural infrastructure. 

Such a system should help prevent, and mitigate the impact of, incidents. 

NEW TECHNOLOGIES

The conferees believe new technologies may significantly help 

the Department as it seeks to secure our homeland. The conferees 

encourage the Department to develop such technologies as lightweight miniature cooling systems for protective gear; proteomic 

pathogen reference libraries; aquatic bioassessment; airborne rapid 

response mapping; mobile and non-intrusive cargo scanning; investments that focus on nuclear threats and biological attacks, 

such as aerosolized pathogens and the spread of zoonotic diseases 

as well as the spread of infectious disease such as SARS and avian 

flu; real-time detection, identification and assessment of chemical, 

biological, nuclear, radiological, explosive and concealed threats; 

mitigating hazardous material shipping violations; and leveraging 

intelligent transportation systems. 

NANOTECHNOLOGY

The conferees believe nanotechnology is a promising technology 

that can contribute significantly in the defense against terrorism. 

The conferees encourage S&T to pursue research in 

82 

nanotechnologies that may aid in the detection of biological, chemical, radiological, and explosive agents; and to consider ways to use 

these technologies for protecting transit systems. 

TUNNELS

The conferees support language in the House report and section 524 of the Senate bill with regard to tunnel detection technologies. 

RESEARCH AND DEVELOPMENT CONSOLIDATION

The conferees agree to provide $99,897,000 as proposed by the 

Senate instead of $116,897,000 as proposed by the House to consolidate all research and development funding within S&T with the 

exception of research and development activities of the U.S. Coast 

Guard, which is to remain within that agency. 

TITLE V—GENERAL PROVISIONS 

Section 501. The conferees continue a provision that no part of 

any appropriation shall remain available for obligation beyond the 

current year unless expressly provided. 

Section 502. The conferees continue a provision that unexpended balances of prior appropriations may be merged with new 

appropriations accounts and used for the same purpose, subject to 

reprogramming guidelines. 

Section 503. The conferees continue and modify a provision 

that provides authority to reprogram appropriations within an account and to transfer not to exceed five percent between appropriations accounts with 15-day advance notification of the Committees 

on Appropriations. A detailed funding table identifying each Congressional control level for reprogramming purposes is included at 

the end of this statement. These reprogramming guidelines shall be 

complied with by all agencies funded by the Department of Homeland Security Appropriations Act, 2006. 

The conferees expect the Department to submit reprogramming requests on a timely basis, and to provide complete explanations of the reallocations proposed, including detailed justifications of the increases and offsets, and any specific impact the proposed changes will have on the budget request for the following fiscal year and future-year appropriations requirements. Each request 

submitted to the Committees should include a detailed table showing the proposed revisions at the account, program, project, and activity level to the funding and staffing (full-time equivalent position) levels for the current fiscal year and to the levels requested 

in the President’s budget for the following fiscal year. 

The conferees expect the Department to manage its programs 

and activities within the levels appropriated. The conferees are 

concerned with the number of reprogramming proposals submitted 

for consideration by the Department and remind the Department 

that reprogramming or transfer requests should be submitted only 

in the case of an unforeseeable emergency or situation that could 

not have been predicted when formulating the budget request for 

the current fiscal year. Further, the conferees note that when the 

Department submits a reprogramming or transfer request to the 

83 

Committees on Appropriations and does not receive identical responses from the House and Senate, it is the responsibility of the 

Department to reconcile the House and Senate differences before 

proceeding, and if reconciliation is not possible, to consider the reprogramming or transfer request unapproved. 

The Department is not to propose a reprogramming or transfer 

of funds after June 30th unless there are exceptional or extraordinary circumstances such that lives or property are placed in imminent danger. 

Section 504. The conferees include a new provision that none 

of the funds appropriated or otherwise available to the Department 

may be used to make payment to the Department’s Working Capital Fund, except for activities and amounts allowed in section 6024 

of Public Law 109–13, excluding the Homeland Secure Data Network, as proposed by the Senate. 

Section 505. The conferees continue a provision that not to exceed 50 percent of unobligated balances remaining at the end of fiscal year 2006 from appropriations made for salaries and expenses 

shall remain available through fiscal year 2007 subject to reprogramming guidelines. 

Section 506. The conferees continue a provision that provides 

that funds for intelligence activities are deemed to be specifically 

authorized during fiscal year 2006 until the enactment of an Act 

authorizing intelligence activities for fiscal year 2006. 

Section 507. The conferees continue and modify a provision 

that directs the Federal Law Enforcement Training Center 

(FLETC) to lead the Federal law enforcement training accreditation process. 

Section 508. The conferees continue and modify a provision 

that requires notification of the Committees on Appropriations 

three business days before any grant allocation, discretionary grant 

award, discretionary contract award, letter of intent, or public announcement of the intention to make such an award totaling in excess of $1,000,000. 

Section 509. The conferees continue a provision that no agency 

shall purchase, construct, or lease additional facilities for federal 

law enforcement training without advance approval of the Committees on Appropriations. 

Section 510. The conferees continue a provision that FLETC 

shall schedule basic and/or advanced law enforcement training at 

all four training facilities under its control to ensure that these 

training centers are operated at the highest capacity. 

Section 511. The conferees continue a provision that none of 

the funds may be used for any construction, repair, alteration, and 

acquisition project for which a prospectus, if required by the Public 

Buildings Act of 1959, has not been approved. 

Section 512. The conferees continue a provision that none of 

the funds may be used in contravention of the Buy American Act. 

Section 513. The conferees include a new provision requiring 

the Department to take actions to comply with the second proviso 

of section 513 of Public Law 108–334 and to submit a report to the 

Committees on Appropriations biweekly beginning on October 1, 

2005, if the Department is not in compliance. Additionally, the Secretary shall take all possible actions to increase the level of cargo 

84 

screened beyond the level mandated in section 513 of Public Law 

108–334 and shall report to the Committees on Appropriations 

every six months on the actions taken and the quantity of air cargo 

inspected at each airport. 

Section 514. The conferees continue a provision that allows 

TSA to impose a reasonable charge for the lease of real and personal property to TSA employees. 

Section 515. The conferees continue and make permanent a 

provision that directs that the acquisition management system of 

TSA be applied to the acquisition of services, equipment, supplies, 

and materials. 

Section 516. The conferees continue and modify a provision related to the transfer of the authority to conduct background investigations from the Office of Personnel Management to DHS, as proposed by the House. The conferees are concerned by delays in personnel security and suitability background investigations, update 

investigations and periodic reinvestigations for Departmental employees and, in particular for positions within the Office of the Secretary and Executive Management, Office of the Under Secretary 

for Management, Analysis and Operations, Immigration and Customs Enforcement, the Directorate of Science and Technology, and 

the Directorate for Preparedness. The conferees direct that this authority be used to expeditiously process background investigations, 

including updates and reinvestigations, as necessary. 

Section 517. The conferees continue and make permanent a 

provision that exempts funds appropriated under paragraphs (1) 

and (2) of the State and Local Programs heading under Title III of 

this Act from the provisions of the Cash Management Improvement 

Act of 1990. 

Section 518. The conferees continue and modify a provision to 

prohibit the obligation of funds for the Secure Flight program, except on a test basis, until the requirements of section 522 of Public 

Law 108–334 have been met and the Government Accountability 

Office (GAO) has reviewed and made certain certifications. The 

conferees direct the GAO to continue to evaluate DHS and TSA actions to meet the ten elements listed in section 522 of Public Law 

108–334 and to report to the Committees on Appropriations, either 

incrementally as the Department meets additional elements, or 

when all elements have been met by the Department. The provision also prohibits the obligation of funds for a commercial database that is obtained from or remains under the control of a nonFederal entity, excluding Passenger Name Record data obtained 

from air carriers. 

Section 519. The conferees continue a provision that directs 

that none of the funds may be used to amend the oath of allegiance 

required by section 337 of the Immigration and Nationality Act (8 

U.S.C. 1448). 

Section 520. The conferees continue a provision regarding competitive sourcing. 

Section 521. The conferees continue a provision that none of 

the funds in this Act shall be available to maintain the United 

States Secret Service as anything but a distinct entity within the 

Department of Homeland Security and shall not be used to merge 

the United States Secret Service with any other department funcVerDate Aug 31 2005 04:31 Oct 01, 2005 Jkt 023669 PO 00000 Frm 00084 Fmt 6601 Sfmt 6601 E:\HR\OC\HR241.XXX HR241
85 

tion, cause any personnel and operational elements of the United 

States Secret Service to report to an individual other than the Director of the United States Secret Service, or cause the Director to 

report directly to any individual other than the Secretary of Homeland Security. 

Section 522. The conferees include a new provision that none 

of the funds appropriated in this Act or by previous appropriations 

Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security, unless 

the Secret Service is fully reimbursed, as proposed by the Senate. 

Section 523. The conferees include a new provision that directs 

that the data storage facilities at the John C. Stennis Space Center 

shall hereafter be known as the ‘‘National Center for Critical Information Processing and Storage,’’ as proposed by the Senate. 

Section 524. The conferees include a new provision that directs 

the Secretary to develop standards and protocols for increasing the 

use of explosive detection equipment to screen air cargo when appropriate, as proposed by the House and modified by the conferees. 

Section 525. The conferees include a new provision that directs 

TSA to utilize existing checked baggage explosive detection equipment and screeners to screen cargo on passenger aircraft when 

practicable, as proposed by the House. The provision directs TSA 

to submit a monthly report, starting in August 2005, to the Committees on Appropriations on the amount of cargo carried on passenger aircraft that was screened. 

Section 526. The conferees include a new provision that directs 

that none of the funds available for obligation in this Act be used 

for the transportation worker identification credential program to 

develop a personalization system that is decentralized or a card 

production capability that does not utilize an existing government 

card production facility, as proposed by the House. 

Section 527. The conferees include a new provision that re- scinds $78,630,689 for Integrated Deepwater System 110- to 123- 

foot patrol boats conversion found in the United States Coast 

Guard ‘‘Acquisition, Construction and Improvements’’ account, as 

proposed by the House, and modified by the conferees. The funds 

are re-appropriated towards the service life extension of Island 

Class patrol boats and the design, production, and long lead materials of the Fast Response Cutter. 

Section 528. The conferees include a new provision that directs 

the Secretary to utilize the Transportation Security Clearinghouse, 

which currently processes criminal history background checks for 

airline and airport employees, as the central identity management 

system for deployment and operation of the registered traveler program and the transportation worker identification credential program for the purposes of collecting and aggregating biometric data 

necessary for background vetting; providing all associated recordkeeping, customer service, and related functions; ensuring interoperability between different airports and vendors; and acting as a 

centralized aviation, revocation, and transaction hub for participating airports, ports, and other points of presence, as proposed by 

the House. 

Section 529. The conferees include a new provision that directs 

that only the privacy officer, appointed pursuant to section 222 of 

86 

the Homeland Security Act of 2002, may alter, direct that changes 

be made to, delay or prohibit the transmission of a privacy officer 

report to Congress, as proposed by the House. 

Section 530. The conferees include a new provision requiring 

only those employees who are trained in contract management to 

perform contract management, as proposed by the House and modified by the conferees. The conferees note that an Inspector General’s report (OIG–05–18) on the Transportation Security Operations Center found blatant mismanagement and waste of taxpayer 

dollars. TSA employees managing this contract did not have proper 

training. The conferees direct the Secretary to ensure that this 

does not happen in the future. 

Section 531. The conferees include a new provision that directs 

that any funds appropriated or transferred to TSA ‘‘Aviation Security’’ and ‘‘Administration’’ in fiscal years 2004 and 2005, which are 

recovered or deobligated shall be available only for procurement 

and installation of explosive detection systems for air cargo, baggage and checkpoint screening systems, subject to section 503 of 

this Act, as proposed by the House and modified by the conferees. 

Section 532. The conferees include a new provision regarding 

the survey and designation of ports of entry in the United States, 

as proposed by the Senate and modified by the conferees. 

Section 533. The conferees include a new provision regarding 

FEMA’s public assistance program and the City of Paso Robles, 

California, as proposed by the House and modified by the conferees. 

Section 534. The conferees include a new provision regarding 

FEMA’s public assistance program and El Dorado County, California, as proposed by the House and modified by the conferees. 

Section 535. The conferees include a new provision regarding 

FEMA’s public assistance program and the University of Hawaii, 

Manoa campus. 

Section 536. The conferees include a new provision regarding 

H2A Visas. 

Section 537. The conferees include a new provision on Sensitive Security Information as proposed by the House and modified 

by the conferees. 

Section 538. The conferees provide $40,000,000 for discretionary grants to States to implement the REAL ID Act of 2005 instead of $100,000,000 as proposed by the House and $40,000,000 

as proposed by the Senate within the Office of State and Local Government Coordination and Preparedness. These grants, to assist 

with the implementation of the national standards for drivers’ licenses, shall be made at the discretion of the Secretary. Bill language is included requiring the submission of an implementation 

plan for the responsibilities of the Department of Homeland Security under the recently enacted REAL ID Act of 2005 (Public Law 

109–13). This plan should include, but not be limited to, the proposed uses of the funds, and the criteria to be used to approve the 

extension of deadlines. The conferees include bill language requiring that no less than $6,000,000 be made available for pilot 

projects to begin immediately in order that lessons learned and 

best practices might be made available to all States as quickly as 

possible. 

87 

Section 539. The conferees include a new provision that extends the authorization of the Working Capital Fund until October 

1, 2006. 

Section 540. The conferees include a new provision regarding 

fees for the registered traveler program. 

Section 541. The conferees include a new provision regarding 

liability protection for certain persons who report a situation, activity or incident. 

Section 542. The conferees include a new provision that re- scinds $15,000,000 from the Department of Homeland Security 

Working Capital Fund, instead of $7,000,000 as proposed by the 

House and $12,000,000 as proposed by the Senate under Departmental Management and Operations. 

Section 543. The conferees include a new provision that re- scinds $5,500,000 from unobligated balances previously appropriated to the Transportation Security Administration, ‘‘Aviation 

Security’’. Of these funds, $3,000,000 shall be rescinded from training and other activities and $2,500,000 shall be rescinded from 

checkpoint support. 

Section 544. The conferees include a new provision that re- scinds $6,369,118 from previous Appropriations Acts for the United 

States Coast Guard ‘‘Operating Expenses’’ and ‘‘Acquisition, Construction and Improvements’’. The Secretary is directed to advise 

the Committees on Appropriations on the distribution of the rescission prior to its implementation. 

Section 545. The conferees include a new provision that re- scinds $8,000,000 from unobligated balances previously appropriated to the Counterterrorism Fund. 

Section 546. The conferees include a new provision that re- scinds $20,000,000 from unobligated balances previously appropriated to Science and Technology, ‘‘Research, Development, Acquisition, and Operations’’. The Secretary is directed to advise the 

Committees on Appropriations on the distribution of the rescission 

prior to its implementation. 

Section 547. The conferees include a new provision on the 

Transportation Security Administration’s security screening opt-out 

program. 

Section 548. The conferees include a new provision on the 

weekly reporting requirement directed in Public Law 109–62. 

PROVISIONS NOT ADOPTED 

The conference agreement deletes section 513 of the House bill 

requiring the Coast Guard to provide Congress a list of approved 

but unfunded priorities each year. 

The conference agreement deletes section 519 of the Senate bill 

reflecting the sense of the Senate on border security. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 520 of the Senate bill 

providing emergency funds to the Veterans Health Administration. 

The conference agreement deletes section 521 of the Senate bill 

requiring a report on the steps the Department has taken to comply with the recommendations of the Inspector General’s report on 

the Port Security Grant Program. This requirement is addressed in 

the statement of managers. 

88 

The conference agreement deletes section 522 of the Senate bill 

requiring the Department to conduct a survey of state and local 

government emergency officials on homeland security related matters. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 523 of the Senate bill 

requiring a quadrennial review of homeland defense. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 524 of the House bill 

requiring the Department of Homeland Security to submit a security plan to open general aviation at Ronald Reagan Washington 

National Airport. 

The conference agreement deletes section 524 of the Senate bill 

reflecting the sense of the Senate on rail tunnel security research. 

This requirement is addressed in the statement of managers. 

The conference agreement deletes section 525 of the Senate bill 

encouraging the Secretary of Homeland Security to designate one 

agency within the Department of Homeland Security with the responsibility for managing man portable air defense system countermeasures systems. 

The conference agreement deletes section 526 of the Senate bill 

directing the Secretary to provide a detailed accounting of funds 

made available by Congress to New York City and the State of 

New York as a result of the September 11, 2001, terrorist attacks. 

A report on the transition of Crisis Counseling services from 

FEMA to New York City is addressed in the statement of managers. 

The conference agreement deletes section 527 of the Senate bill 

requiring a report on the risks and vulnerabilities associated with 

general aviation. This requirement is addressed in the statement 

of managers. 

The conference agreement deletes section 528 of the Senate bill 

requiring the submittal of data-mining reports from the head of 

each Department of Homeland Security agency that is engaged in, 

or developing, data-mining. This requirement is addressed in the 

statement of managers. 

The conference agreement deletes section 529 of the Senate bill 

prohibiting the use of funds identified in the Inspector General’s 

Report of March 2005 ‘‘Irregularities in the Development of the 

Transportation Security Operations Center’’ as wasteful. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 531 of the Senate bill 

reflecting the sense of the Senate that the Department of Homeland Security should continue to coordinate with the American Red 

Cross in developing a mass care plan in the United States. This 

issue is addressed in the statement of managers. 

The conference agreement deletes section 532 of the Senate bill 

requiring the Department of Defense to submit the overdue report 

requested in Public Law 109–13. 

The conference agreement deletes section 533 of the Senate bill 

reflecting the sense of the Senate on the vulnerabilities of chemical 

facilities. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 533 of the House bill 

regarding H1B Visa processing. 

89 

The conference agreement deletes section 534 of the Senate bill 

requiring the Secretary to provide reimbursement guidelines to any 

county or government entity affected by a hurricane of the costs of 

hurricane debris removal. This requirement is addressed in the 

statement of managers. 

The conference agreement deletes section 535 of the House bill 

prohibiting the use of funds to alter the name of Coast Guard Station ‘‘Group St. Petersburg’’. 

The conference agreement deletes section 535 of the Senate bill 

requiring a report on changes to emergency preparedness and response policies as a result of the report of the Inspector General 

dated May 20, 2005. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 536 of the House bill 

prohibiting the use of funds to patrol the border of the United 

States except as authorized by law. 

The conference agreement deletes section 536 of the Senate bill 

reflecting the sense of the Senate that the Department should conduct a study of the feasibility of leveraging existing FM broadcast 

radio infrastructure as an emergency messaging system. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 537 of the Senate bill 

requiring the Under Secretary for Emergency Preparedness and 

Response to propose new inspection guidelines that prohibit inspectors from entering into contracts with any individual or entity for 

whom the inspector performs an inspection for the purpose of determining eligibility for assistance from the Federal Emergency 

Management Agency. This requirement is addressed in the statement of managers. 

The conference agreement deletes section 538 of the Senate 

bill, which would prohibit the Departments of Homeland Security 

and State from issuing regulations to limit United States citizens 

to a passport as the exclusive document to be presented upon entry 

into the United States from Canada by land. The proposed rule, as 

issued for public comment on September 1, 2005, is in compliance 

with the Senate provision. The conferees expect that the Department will provide alternatives to SENTRI, NEXUS and FAST for 

residents of small and rural Northern Border communities. 

The conference agreement deletes section 539 of the Senate bill 

directing the Comptroller General of the United States to conduct 

a study on the justification and effects of raising the Homeland Security Advisory System alert level to Code Orange. 

The conference agreement deletes section 540 of the Senate bill 

reflecting the sense of the Senate on strengthening security at nuclear power plants. 

The conference agreement deletes section 541 of the Senate bill 

reflecting the sense of the Senate regarding threat assessment of 

major tourist attractions. This requirement is addressed in the 

statement of managers. 

TITLE VI—HOMELAND SECURITY GRANT ENHANCEMENT 

The conference agreement does not include Title VI of the Senate bill, ‘‘Homeland Security Grant Enhancement’’ as proposed by 

the Senate. The House bill contained no similar matter. 

90 

CONFERENCE RECOMMENDATIONS 

The conference agreement’s detailed funding recommendations 

for programs in this bill are contained in the table listed below. 

The fiscal year 2006 budget request column reflects the Department of Homeland Security’s organizational restructuring plan 

transmitted to Congress on July 13, 2005. 

91 


Insert offset folio 484/197 here HR241.001
92 


Insert offset folio 484/198 here HR241.002
93 


Insert offset folio 484/199 here HR241.003
94 


Insert offset folio 484/200 here HR241.004
95 


Insert offset folio 484/201 here HR241.005
96 


Insert offset folio 484/202 here HR241.006
97 


Insert offset folio 484/203 here HR241.007
98 


Insert offset folio 484/204 here HR241.008
99 


Insert offset folio 484/205 here HR241.009
100 


Insert offset folio 484/206 here HR241.010
101 


Insert offset folio 484/207 here HR241.011
102 


Insert offset folio 484/208 here HR241.012
103 


Insert offset folio 484/209 here HR241.013
104 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2006 recommended by the Committee of Conference, with comparisons to the fiscal year 2005 amount, the 2006 budget estimates, 

and the House and Senate bills for 2006 follow: 

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2005 .................... $100,210,103 

Budget estimates of new (obligational) authority, fiscal year 2006 30,568,748 

House bill, fiscal year 2006 ................................................................ 31,860,080 

Senate bill, fiscal year 2006 ............................................................... 33,360,080 

Conference agreement, fiscal year 2006 ........................................... 31,860,080 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2005 ............. ¥68,350,023 

Budget estimates of new (obligational) authority, fiscal year 

2006 .................................................................................................. +1,291,332 

House bill, fiscal year 2006 ........................................................ +0 

Senate bill, fiscal year 2006 ....................................................... ¥1,500,000 

HAROLD ROGERS, ZACH WAMP, TOM LATHAM, JO ANN EMERSON, JOHN E. SWEENEY, JIM KOLBE, ERNEST J. ISTOOK, JR., RAY LAHOOD, ANDER CRENSHAW, JOHN R. CARTER, JERRY LEWIS, MARTIN OLAV SABO, DAVID E. PRICE, JOSE ́ E. SERRANO, LUCILLE ROYBAL-ALLARD, SANFORD D. BISHOP, CHET EDWARDS, Managers on the Part of the House. 

JUDD GREGG, 

THAD COCHRAN, 

TED STEVENS, 

ARLEN SPECTER, 

PETE DOMENICI, 

RICHARD C. SHELBY, 

LARRY CRAIG, 

ROBERT F. BENNETT, 

WAYNE ALLARD, 

ROBERT C. BYRD, 

DANIEL K. INOUYE, 

PATRICK J. LEAHY, 

BARBARA A. MIKULSKI, 

HERB KOHL, 

HARRY REID, 

DIANNE FEINSTEIN, 

Managers on the Part of the Senate. 

Æ