`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Enrolled Bill (ENR)]


        H.R.2360

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 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.

                 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 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 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.


  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) police-type 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 
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.

                 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 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 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 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.

                      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.

                  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, high-
        density 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 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 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.


                      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 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.

                         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.

                     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 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, 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 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.
    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 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.
    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 (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, 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) 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 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 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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.`