PUBLIC LAW 109–90—OCT. 18, 2005

DEPARTMENT OF HOMELAND SECURITY

APPROPRIATIONS ACT, 2006

119 STAT. 2064 PUBLIC LAW 109–90—OCT. 18, 2005

Public Law 109–90

109th Congress

An Act

Making appropriations for the Department of Homeland Security for the fiscal

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

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 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, 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.

Deadline.

Immigration.

Department of

Homeland

Security

Appropriations

Act, 2006.

Oct. 18, 2005

[H.R. 2360]

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2065

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 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

Deadline.

Reports.

Deadline.

Information

technology.

119 STAT. 2066 PUBLIC LAW 109–90—OCT. 18, 2005

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;

(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

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2067

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

Automated 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.

119 STAT. 2068 PUBLIC LAW 109–90—OCT. 18, 2005

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 available 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

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2069

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

account, 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—

(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.

119 STAT. 2070 PUBLIC LAW 109–90—OCT. 18, 2005

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 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

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2071

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 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

Deadline.

Explosive

detection.

119 STAT. 2072 PUBLIC LAW 109–90—OCT. 18, 2005

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 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

Reports.

Deadline.

14 USC 663 note.

Reports.

Deadline.

14 USC 663 note.

Reports.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2073

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

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.

119 STAT. 2074 PUBLIC LAW 109–90—OCT. 18, 2005

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 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,

alteration, and improvement of facilities, $3,699,000, to remain

available until expended.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2075

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 Code) determined by the Secretary to be at highrisk 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);

Certification.

Deadline.

Deadlines.

119 STAT. 2076 PUBLIC LAW 109–90—OCT. 18, 2005

(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

submitted 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.

Deadline.

Reports.

Deadline.

Reports.

Deadline.

Deadlines.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2077

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.

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

119 STAT. 2078 PUBLIC LAW 109–90—OCT. 18, 2005

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 oper- ations, $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.

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

Notification.

Deadline.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2079

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.

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

119 STAT. 2080 PUBLIC LAW 109–90—OCT. 18, 2005

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 serv- ices, $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 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

Reports.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2081

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, 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

119 STAT. 2082 PUBLIC LAW 109–90—OCT. 18, 2005

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 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

6 USC 103 note.

Deadline.

Notification.

Notification.

Notification.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2083

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.

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

Notification.

119 STAT. 2084 PUBLIC LAW 109–90—OCT. 18, 2005

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 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

6 USC 111 note.

Applicability.

49 USC 114 note.

49 USC 114 note.

Reports.

Reports.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2085

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.

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

Certification.

Reports.

119 STAT. 2086 PUBLIC LAW 109–90—OCT. 18, 2005

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

(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.

Records.

Reports.

49 USC 44901

note.

49 USC 44901

note.

Federal buildings

and facilities.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2087

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,

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

California.

Reports.

119 STAT. 2088 PUBLIC LAW 109–90—OCT. 18, 2005

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) Departmentwide 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) 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

Notice.

Federal Register,

publication.

49 USC 114 note.

Deadline.

Guidelines.

Reports.

Reports.

Deadline.

Procedures.

6 USC 114 note.

PUBLIC LAW 109–90—OCT. 18, 2005 119 STAT. 2089

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

provided 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

6 USC 486.

119 STAT. 2090 PUBLIC LAW 109–90—OCT. 18, 2005

LEGISLATIVE HISTORY—H.R. 2360:

HOUSE REPORTS: Nos. 109–79 (Comm. on Appropriations) and 109–241 (Comm.

of Conference).

SENATE REPORTS: No. 109–83 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

May 17, considered and passed House.

July 11–14, considered and passed Senate, amended.

Oct. 6, House agreed to conference report.

Oct. 7, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Oct. 18, Presidential remarks and statement.

Æ

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.

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

Appropriations Act, 2006’’.

Approved October 18, 2005.

Contracts.

Reports.