IB 

Union Calendar No. 38 

109TH CONGRESS 

1ST SESSION H. R. 2360 

[Report No. 109–79] 

Making appropriations for the Department of Homeland Security for the 

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2005 

Mr. ROGERS of Kentucky, from the Committee on Appropriations, reported 

the following bill; which was committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Homeland Security for the fiscal year end6 ing September 30, 2006, and for other purposes, namely: 
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1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Sec6 retary of Homeland Security, as authorized by section 

7 102 of the Homeland Security Act of 2002 (6 U.S.C. 

8 112), and executive management of the Department of 

9 Homeland Security, as authorized by law, $133,239,000: 

10 Provided, That not to exceed $40,000 shall be for official 

11 reception and representation expenses: Provided further, 

12 That of the amounts appropriated under this heading, 

13 $20,000,000 shall not be available for obligation until the 

14 Secretary of Homeland Security submits to the Com15 mittee on Appropriations of the House of Representatives 

16 an immigration enforcement strategy to reduce the num17 ber of undocumented aliens, based upon the latest United 

18 States Census Bureau data, by 10 percent per year: Pro19 vided further, That of the amounts appropriated under 

20 this heading, $10,000,000 shall not be available for obli21 gation until section 525 of this Act is implemented: Pro22 vided further, That the Secretary shall submit all reports 

23 requested by the Committee on Appropriations of the 

24 House of Representatives for all agencies and compo25 nents of the Department of Homeland Security, as iden-
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1 tified in this Act and the House report accompanying this 

2 Act, by the dates specified: Provided further, That the 

3 content of all reports shall be in compliance with the di4 rection and instructions included in this Act and the 

5 House report accompanying this Act by the dates speci6 fied: Provided further, That, of the amounts appropriated 

7 under this heading, $20,000,000 may not be obligated 

8 until the Committee on Appropriations of the House of 

9 Representatives has received all final reports in compli10 ance with such direction and instructions. 

11 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

12 For necessary expenses of the Office of the Under 

13 Secretary for Management, as authorized by sections 

14 701–705 of the Homeland Security Act of 2002 (6 

15 U.S.C. 341–345), $146,084,000: Provided, That not to 

16 exceed $3,000 shall be for official reception and represen17 tation expenses: Provided further, That of the total 

18 amount provided, $26,070,000 shall remain available 

19 until expended solely for the alteration and improvement 

20 of facilities, tenant improvements, and relocation costs to 

21 consolidate Department headquarters operations. 

22 OFFICE OF THE CHIEF FINANCIAL OFFICER

23 For necessary expenses of the Office of the Chief Fi24 nancial Officer, as authorized by section 103 of the 
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1 Homeland Security Act of 2002 (6 U.S.C. 113), 

2 $18,505,000. 

3 OFFICE OF THE CHIEF INFORMATION OFFICER

4 For necessary expenses of the Office of the Chief In5 formation Officer, as authorized by section 103 of the 

6 Homeland Security Act of 2002 (6 U.S.C. 113), and De7 partment-wide technology investments, $303,700,000; of 

8 which $75,756,000 shall be available for salaries and ex9 penses; and of which $227,944,000 shall be available for 

10 development and acquisition of information technology 

11 equipment, software, services, and related activities for 

12 the Department of Homeland Security, and for the costs 

13 of conversion to narrowband communications, including 

14 the cost for operation of the land mobile radio legacy sys15 tems, to remain available until expended: Provided, That 

16 none of the funds appropriated shall be used to support 

17 or supplement the appropriations provided for the United 

18 States Visitor and Immigrant Status Indicator Tech19 nology project or the Automated Commercial Environ20 ment: Provided further, That the Department shall report 

21 within 180 days of enactment of this Act on its enter22 prise architecture and other strategic planning activities 

23 in accordance with the terms and conditions specified in 

24 the House report accompanying this Act. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978 (5 U.S.C. App.), $83,017,000, of 

5 which not to exceed $100,000 may be used for certain 

6 confidential operational expenses, including the payment 

7 of informants, to be expended at the direction of the In8 spector General. 

9 TITLE II—SECURITY, ENFORCEMENT, AND 

10 INVESTIGATIONS 

11 BORDER AND TRANSPORTATION SECURITY 

12 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

13 TRANSPORTATION SECURITY

14 SALARIES ANDEXPENSES

15 For necessary expenses of the Office of the Under 

16 Secretary for Border and Transportation Security, as au17 thorized by subtitle A of title IV of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 201 et seq.), $10,617,000: 

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

20 reception and representation expenses. 

21 AUTOMATION MODERNIZATION

22 For necessary expenses of the United State Visitor 

23 and Immigrant Status Indicator Technology project, as 

24 authorized by section 110 of the Illegal Immigration Re25 form and Immigration Responsibility Act of 1996 (8 

26 U.S.C. 1221 note) and for the development, deployment, 
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1 and use of Free and Secure Trade (FAST), NEXUS, and 

2 Secure Electronic Network for Traveler’s Rapid Inspec3 tion (SENTRI), $411,232,000, to remain available until 

4 expended, which shall be allocated as follows: 

5 (1) $7,000,000 for FAST. 

6 (2) $14,000,000 for NEXUS/SENTRI. 

7 (3) $390,232,000 for the United States Visitor 

8 and Immigrant Status Indicator Technology project: 

9 Provided, That of the funds provided for this 

10 project, $254,000,000 may not be obligated until the 

11 Committees on Appropriations of the Senate and the 

12 House of Representatives receive and approve a plan 

13 for expenditure prepared by the Secretary of Home14 land Security that— 

15 (A) meets the capital planning and invest16 ment control review requirements established by 

17 the Office of Management and Budget, includ18 ing Circular A–11, part 7; 

19 (B) complies with the Department of 

20 Homeland Security enterprise information sys21 tems architecture; 

22 (C) complies with the acquisition rules, re23 quirements, guidelines, and systems acquisition 

24 management practices of the Federal Govern25 ment; 
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1 (D) is reviewed and approved by the De2 partment of Homeland Security Investment Re3 view Board, the Secretary of Homeland Secu4 rity, and the Office of Management and Budg5 et; and 

6 (E) is reviewed by the Government Ac7 countability Office. 

8 CUSTOMS AND BORDER PROTECTION

9 SALARIES ANDEXPENSES

10 For necessary expenses for enforcement of laws re11 lating to border security, immigration, customs, and agri12 cultural inspections and regulatory activities related to 

13 plant and animal imports; acquisition, lease, maintenance 

14 and operation of aircraft; purchase and lease of up to 

15 4,500 (3,935 for replacement only) police-type vehicles; 

16 and contracting with individuals for personal services 

17 abroad; $4,885,544,000; of which $3,000,000 shall be de18 rived from the Harbor Maintenance Trust Fund for ad19 ministrative expenses related to the collection of the Har20 bor Maintenance Fee pursuant to section 9505(c)(3) of 

21 the Internal Revenue Code of 1986 and notwithstanding 

22 section 1511(e)(1) of the Homeland Security Act of 2002 

23 (6 U.S.C. 551(e)(1)); of which not to exceed $35,000 

24 shall be for official reception and representation expenses; 

25 of which not less than $141,060,000 shall be for Air and 
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1 Marine Operations; of which not to exceed $174,800,000 

2 shall remain available until September 30, 2007, for in3 spection and surveillance technology, unmanned aerial ve4 hicles, and replacement aircraft; of which such sums as 

5 become available in the Customs User Fee Account, ex6 cept sums subject to section 13031(f)(3) of the Consoli7 dated Omnibus Budget Reconciliation Act of 1985 (19 

8 U.S.C. 58c(f)(3)), shall be derived from that account; of 

9 which not to exceed $150,000 shall be available for pay10 ment for rental space in connection with preclearance op11 erations; of which not to exceed $1,000,000 shall be for 

12 awards of compensation to informants, to be accounted 

13 for solely under the certificate of the Under Secretary for 

14 Border and Transportation Security; and of which not to 

15 exceed $5,000,000 shall be available for payments or ad16 vances arising out of contractual or reimbursable agree17 ments with State and local law enforcement agencies 

18 while engaged in cooperative activities related to immi19 gration: Provided, That for fiscal year 2006, the overtime 

20 limitation prescribed in section 5(c)(1) of the Act of Feb21 ruary 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; 

22 and notwithstanding any other provision of law, none of 

23 the funds appropriated in this Act may be available to 

24 compensate any employee of the Bureau of Customs and 

25 Border Protection for overtime, from whatever source, in 
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1 an amount that exceeds such limitation, except in indi2 vidual cases determined by the Under Secretary for Bor3 der and Transportation Security, or a designee, to be 

4 necessary for national security purposes, to prevent ex5 cessive costs, or in cases of immigration emergencies: 

6 Provided further, That of the total amount provided, 

7 $10,000,000 may not be obligated until the Secretary 

8 submits to the Committee on Appropriations of the 

9 House of Representatives all required reports related to 

10 air and marine operations: Provided further, That of the 

11 total amount provided, $2,000,000 may not be obligated 

12 until the Secretary submits to the Committee on Appro13 priations of the House of Representatives a report on the 

14 performance of the Immigration Advisory Program as di15 rected in House Report 108–541: Provided further, That 

16 of the total amount provided, $70,000,000 may not be 

17 obligated until the Secretary submits to the Committee 

18 on Appropriations of the House of Representatives part 

19 two of the report on the performance of the Container 

20 Security Initiative progam, as directed in House Report 

21 180–541: Provided further, That no funds shall be avail22 able for the site acquisition, design, or construction of 

23 any Border Patrol checkpoint in the Tucson sector: Pro24 vided further, That the Border Patrol shall relocate its 

25 checkpoints in the Tucson sector at least once every 
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1 seven days in a manner designed to prevent persons sub2 ject to inspection from predicting the location of any such 

3 checkpoint. 

4 AUTOMATION MODERNIZATION

5 For expenses for customs and border protection 

6 automated systems, $458,009,000, to remain available 

7 until expended, of which not less than $321,690,000 shall 

8 be for the development of the Automated Commercial 

9 Environment: Provided, That none of the funds appro10 priated under this heading may be obligated for the 

11 Automated Commercial Environment until the Commit12 tees on Appropriations of the Senate and the House of 

13 Representatives receive and approve a plan for expendi14 ture prepared by the Under Secretary for Border and 

15 Transportation Security that— 

16 (1) meets the capital planning and investment 

17 control review requirements established by the Office 

18 of Management and Budget, including Circular A– 

19 11, part 7; 

20 (2) complies with the Department of Homeland 

21 Security’s enterprise information systems architec22 ture; 

23 (3) complies with the acquisition rules, require24 ments, guidelines, and systems acquisition manage25 ment practices of the Federal Government; 
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1 (4) is reviewed and approved by the Depart2 ment of Homeland Security Investment Review 

3 Board, the Secretary of Homeland Security, and the 

4 Office of Management and Budget; and 

5 (5) is reviewed by the Government Account6 ability Office. 

7 AIR ANDMARINE INTERDICTION, OPERATIONS, 

8 MAINTENANCE, ANDPROCUREMENT

9 For necessary expenses for the operations, mainte10 nance, and procurement of marine vessels, aircraft, and 

11 other related equipment of the air and marine program, 

12 including operational training and mission-related travel, 

13 and rental payments for facilities occupied by the air or 

14 marine interdiction and demand reduction programs, the 

15 operations of which include the following: the interdiction 

16 of narcotics and other goods; the provision of support to 

17 Federal, State, and local agencies in the enforcement or 

18 administration of laws enforced by the Department of 

19 Homeland Security; and at the discretion of the Under 

20 Secretary for Border and Transportation Security, the 

21 provision of assistance to Federal, State, and local agen22 cies in other law enforcement and emergency humani23 tarian efforts, $347,780,000, to remain available until ex24 pended: Provided, That no aircraft or other related equip25 ment, with the exception of aircraft that are one of a 

26 kind and have been identified as excess to Bureau of 
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1 Customs and Border Protection requirements and air2 craft that have been damaged beyond repair, shall be 

3 transferred to any other Federal agency, department, or 

4 office outside of the Department of Homeland Security 

5 during fiscal year 2006 without the prior approval of the 

6 Committees on Appropriations of the Senate and the 

7 House of Representatives. 

8 CONSTRUCTION

9 For necessary expenses to plan, construct, renovate, 

10 equip, and maintain buildings and facilities necessary for 

11 the administration and enforcement of the laws relating 

12 to customs and immigration, $93,418,000, to remain 

13 available until expended. 

14 IMMIGRATION AND CUSTOMS ENFORCEMENT

15 SALARIES ANDEXPENSES

16 For necessary expenses for enforcement of immigra17 tion and customs laws, detention and removals, and in18 vestigations; and purchase and lease of up to 2,300 

19 (2,000 for replacement only) police-type vehicles, 

20 $3,064,081,000, of which not to exceed $10,000,000 

21 shall be available until expended for conducting special 

22 operations pursuant to section 3131 of the Customs En23 forcement Act of 1986 (19 U.S.C. 2081); of which not 

24 to exceed $15,000 shall be for official reception and rep25 resentation expenses; of which not to exceed $1,000,000 

26 shall be for awards of compensation to informants, to be 
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1 accounted for solely under the certificate of the Under 

2 Secretary for Border and Transportation Security; of 

3 which not less than $102,000 shall be for promotion of 

4 public awareness of the child pornography tipline; of 

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

6 of which not less than $5,000,000 shall be for costs to 

7 implement section 287(g) of the Immigration and Nation8 ality Act, as amended; and of which not to exceed 

9 $11,216,000 shall be available to fund or reimburse other 

10 Federal agencies for the costs associated with the care, 

11 maintenance, and repatriation of smuggled illegal aliens: 

12 Provided, That none of the funds appropriated shall be 

13 available to compensate any employee for overtime in an 

14 annual amount in excess of $35,000, except that the 

15 Under Secretary for Border and Transportation Security 

16 may waive that amount as necessary for national security 

17 purposes and in cases of immigration emergencies: Pro18 vided further, That of the total amount provided, 

19 $3,045,000 shall be for activities to enforce laws against 

20 forced child labor in fiscal year 2006, of which not to ex21 ceed $2,000,000 shall remain available until expended: 

22 Provided further, That of the amounts appropriated, 

23 $50,000,000 shall not be available for obligation until the 

24 Assistant Secretary of Immigration and Customs En25 forcement submits to the Committee on Appropriations of 
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1 the House of Representatives a national detention man2 agement plan including the use of regional detention con3 tracts and alternatives to detention: Provided further, 

4 That the Assistant Secretary of Immigration and Cus5 toms Enforcement, with concurrence of the Secretary of 

6 Homeland Security, shall submit, by December 1, 2005, 

7 to the Committee on Appropriations of the House of Rep8 resentatives a plan for the expanded use of Immigration 

9 Enforcement Agents to enforce administrative violations 

10 of United States immigration laws. 

11 FEDERAL AIR MARSHALS

12 For necessary expenses of the Federal Air Marshals, 

13 $698,860,000, of which not to exceed $5,000,000 shall 

14 remain available until expended. 

15 FEDERAL PROTECTIVE SERVICE

16 The revenues and collections of security fees credited 

17 to this account, not to exceed $487,000,000, shall be 

18 available until expended for necessary expenses related to 

19 the protection of federally-owned and leased buildings 

20 and for the operations of the Federal Protective Service. 

21 AUTOMATION MODERNIZATION

22 For expenses of immigration and customs enforce23 ment automated systems, $40,150,000, to remain avail24 able until expended: Provided, That none of the funds ap25 propriated under this heading may be obligated until the 

26 Committees on Appropriations of the Senate and the 
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1 House of Representatives receive and approve a plan for 

2 expenditure prepared by the Under Secretary for Border 

3 and Transportation Security that— 

4 (1) meets the capital planning and investment 

5 control review requirements established by the Office 

6 of Management and Budget, including Circular A– 

7 11, part 7; 

8 (2) complies with the Department of Homeland 

9 Security enterprise information systems architecture; 

10 (3) complies with the acquisition rules, require11 ments, guidelines, and systems acquisition manage12 ment practices of the Federal Government; 

13 (4) is reviewed and approved by the Depart14 ment of Homeland Security Investment Review 

15 Board, the Secretary of Homeland Security, and the 

16 Office of Management and Budget; and 

17 (5) is reviewed by the Government Account18 ability Office. 

19 CONSTRUCTION

20 For necessary expenses to plan, construct, renovate, 

21 equip, and maintain buildings and facilities necessary for 

22 the administration and enforcement of the laws relating 

23 to customs and immigration, $26,546,000, to remain 

24 available until expended. 
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1 TRANSPORTATION SECURITY ADMINISTRATION

2 AVIATION SECURITY

3 For necessary expenses of the Transportation Secu4 rity Administration related to providing aviation security, 

5 $4,591,612,000, to remain available until September 30, 

6 2007, of which not to exceed $3,000 shall be available for 

7 official reception and representation expenses: Provided, 

8 That of the total amount provided under this heading, not 

9 to exceed $3,608,599,000 shall be for screening oper10 ations, of which $170,000,000 shall be available only for 

11 procurement of checked baggage explosive detection sys12 tems and $75,000,000 shall be available only for installa13 tion of checked baggage explosive detection systems; and 

14 not to exceed $983,013,000 shall be for aviation security 

15 direction and enforcement presence: Provided further, 

16 That security service fees authorized under section 44940 

17 of title 49, United States Code, shall be credited to this 

18 appropriation as offsetting collections: Provided further, 

19 That the sum herein appropriated from the General Fund 

20 shall be reduced on a dollar-for-dollar basis as such offset21 ting collections are received during fiscal year 2006, so 

22 as to result in a final fiscal year appropriation from the 

23 General Fund estimated at not more than 

24 $2,601,612,000: Provided further, That any security serv25 ice fees collected in excess of the amount appropriated 
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1 under this heading shall become available during fiscal 

2 year 2007: Provided further, That notwithstanding section 

3 44923 of title 49, United States Code, the Government’s 

4 share of the cost of a project under any letter of intent 

5 shall be 75 percent for any medium or large hub airport 

6 and 90 percent for any other airport, and all funding pro7 vided by subsection (h) of such section, or from appropria8 tions authorized by subsection (i)(1) of such section, may 

9 be distributed in any manner deemed necessary to ensure 

10 aviation security and to fulfill the Government’s planned 

11 cost share under existing letters of intent: Provided fur12 ther, That none of the funds in this Act shall be used to 

13 recruit or hire personnel into the Transportation Security 

14 Administration which would cause the agency to exceed 

15 a staffing level of 45,000 full-time equivalent screeners. 

16 SURFACE TRANSPORTATION SECURITY

17 For necessary expenses of the Transportation Secu18 rity Administration related to providing surface transpor19 tation security activities, $36,000,000, to remain avail20 able until September 30, 2007. 

21 TRANSPORTATION VETTING ANDCREDENTIALING

22 For necessary expenses for the development and im23 plementation of screening programs by the Office of 

24 Transportation Vetting and Credentialing, $84,294,000. 
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1 TRANSPORTATION SECURITY SUPPORT

2 For necessary expenses of the Transportation Secu3 rity Administration related to providing transportation 

4 security support and intelligence activities, $541,008,000, 

5 to remain available until September 30, 2007: Provided, 

6 That of the funds appropriated under this heading, 

7 $50,000,000 may not be obligated until the Secretary 

8 submits to the Committee on Appropriations of the 

9 House of Representatives (1) a plan for optimally deploy10 ing explosive detection equipment, either in-line or to re11 place explosive trace detection machines, at the Nation’s 

12 airports on a priority basis to enhance security, reduce 

13 Transportation Security Administration staffing require14 ments, and long-term costs; and (2) a detailed spend plan 

15 for explosive detection systems procurement and installa16 tions on an airport-by-airport basis for fiscal year 2006: 

17 Provided further, That these plans shall be submitted no 

18 later than 60 days after enactment of this Act. 

19 UNITED STATES COAST GUARD

20 OPERATING EXPENSES

21 For necessary expenses for the operation and main22 tenance of the Coast Guard not otherwise provided for, 

23 purchase or lease of not to exceed 25 passenger motor ve24 hicles for replacement only, payments pursuant to section 

25 156 of Public Law 97–377 (42 U.S.C. 402 note), and 
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1 recreation and welfare, $5,500,000,000, of which 

2 $1,200,000,000 shall be for defense-related activities; of 

3 which $24,500,000 shall be derived from the Oil Spill Li4 ability Trust Fund to carry out the purposes of section 

5 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

6 2712(a)(5)); and of which not to exceed $3,000 shall be 

7 for official reception and representation expenses: Pro8 vided, That none of the funds appropriated by this or any 

9 other Act shall be available for administrative expenses in 

10 connection with shipping commissioners in the United 

11 States: Provided further, That none of the funds provided 

12 by this Act shall be available for expenses incurred for 

13 yacht documentation under section 12109 of title 46, 

14 United States Code, except to the extent fees are col15 lected from yacht owners and credited to this appropria16 tion. 

17 ENVIRONMENTAL COMPLIANCE ANDRESTORATION

18 For necessary expenses to carry out the Coast 

19 Guard’s environmental compliance and restoration func20 tions under chapter 19 of title 14, United States Code, 

21 $12,000,000, to remain available until expended. 

22 RESERVE TRAINING

23 For necessary expenses of the Coast Guard Reserve, 

24 as authorized by law; operations and maintenance of the 

25 reserve program; personnel and training costs; and equip26 ment and services; $119,000,000. 
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1 ACQUISITION, CONSTRUCTION, ANDIMPROVEMENTS

2 For necessary expenses of acquisition, construction, 

3 renovation, and improvement of aids to navigation, shore 

4 facilities, vessels, and aircraft, including equipment re5 lated thereto; and maintenance, rehabilitation, lease and 

6 operation of facilities and equipment, as authorized by 

7 law, $798,152,000, of which $20,000,000 shall be derived 

8 from the Oil Spill Liability Trust Fund to carry out the 

9 purposes of section 1012(a)(5) of the Oil Pollution Act 

10 of 1990 (33 U.S.C. 2712(a)(5)); of which $22,000,000 

11 shall be available until September 30, 2010, to acquire, 

12 repair, renovate, or improve vessels, small boats, and re13 lated equipment; of which $29,902,000 shall be available 

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

15 of which $130,100,000 shall be available until September 

16 30, 2008, for other equipment; of which $39,700,000 

17 shall be available until September 30, 2008, for shore fa18 cilities and aids to navigation facilities; of which 

19 $76,450,000 shall be available for personnel compensa20 tion and benefits and related costs; and of which 

21 $500,000,000 shall be available until September 30, 

22 2010, for the Integrated Deepwater Systems program: 

23 Provided, That the Commandant of the Coast Guard is 

24 authorized to dispose of surplus real property, by sale or 

25 lease, and the proceeds shall be credited to this appro-
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1 priation as offsetting collections and shall be available 

2 until September 30, 2008, only for Rescue 21: Provided 

3 further, That of the funds appropriated under this head4 ing for the Integrated Deepwater System, $50,000,000 

5 may not be obligated until the Committee on Appropria6 tions of the House of Representatives receives from the 

7 Secretary of Homeland Security a new Deepwater pro8 gram baseline that reflects revised, post September 11th 

9 operational priorities that includes— 

10 (1) a detailed justification for each new Deep11 water asset that is determined to be necessary to 

12 fulfill homeland and national security functions or 

13 multi-agency procurements as identified by the Joint 

14 Requirements Council; 

15 (2) a comprehensive timeline for the entire 

16 Deepwater program, including an asset-by-asset 

17 breakdown, aligned with the comprehensive acquisi18 tion timeline and revised mission needs statement, 

19 that also details the phase-out of legacy assets and 

20 the phase-in of new, replacement assets on an an21 nual basis; 

22 (3) a comparison of the revised acquisition 

23 timeline against the original Deepwater timeline; 
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1 (4) an aggregate total cost of the program that 

2 aligns with the revised mission needs statement, ac3 quisition timeline and asset-by-asset breakdown; 

4 (5) a detailed projection of the remaining oper5 ational lifespan of every type of legacy cutter and 

6 aircraft; and 

7 (6) a detailed progress report on command, 

8 control, communications, computers, intelligence, 

9 surveillance, and reconnaissance equipment upgrades 

10 that includes what has been installed currently on 

11 operational assets and when such equipment will be 

12 installed on all remaining Deepwater legacy assets: 

13 Provided further, That the Secretary shall annually 

14 submit to the Committee on Appropriations of the 

15 House of Representatives, at the time that the 

16 President’s budget is submitted under section 

17 1105(a) of title 31, a future-years capital investment 

18 plan for the Coast Guard that identifies for each 

19 capital budget line item— 

20 (1) the proposed appropriation included in that 

21 budget; 

22 (2) the total estimated cost of completion; 

23 (3) projected funding levels for each fiscal year 

24 for the next 5 fiscal years or until project comple25 tion, whichever is earlier; 
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1 (4) an estimated completion date at the pro2 jected funding levels; and 

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

4 of completion or estimated completion date from 

5 previous future-years capital investment plans sub6 mitted to the Committee on Appropriations of the 

7 House of Representatives: 

8 Provided further, That the Secretary shall ensure that 

9 amounts specified in the future-years capital investment 

10 plan are consistent to the maximum extent practicable 

11 with proposed appropriations necessary to support the 

12 programs, projects, and activities of the Coast Guard in 

13 the President’s budget as submitted under section 1105(a) 

14 of title 31 for that fiscal year: Provided further, That any 

15 inconsistencies between the capital investment plan and 

16 proposed appropriations shall be identified and justified. 

17 ALTERATION OF BRIDGES

18 For necessary expenses for alteration or removal of 

19 obstructive bridges, $15,000,000, to remain available 

20 until expended. 

21 RETIREDPAY

22 For retired pay, including the payment of obliga23 tions otherwise chargeable to lapsed appropriations for 

24 this purpose, payments under the Retired Serviceman’s 

25 Family Protection and Survivor Benefits Plans, payment 

26 for career status bonuses, concurrent receipts and com-
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1 bat-related special compensation under the National De2 fense Authorization Act, and payments for medical care 

3 of retired personnel and their dependents under chapter 

4 55 of title 10, United States Code, $1,014,080,000. 

5 UNITED STATES SECRET SERVICE

6 SALARIES ANDEXPENSES

7 For necessary expenses of the United States Secret 

8 Service, including purchase of not to exceed 614 vehicles 

9 for police-type use, which shall be for replacement only, 

10 and hire of passenger motor vehicles; purchase of Amer11 ican-made motorcycles; hire of aircraft; services of expert 

12 witnesses at such rates as may be determined by the Di13 rector; rental of buildings in the District of Columbia, 

14 and fencing, lighting, guard booths, and other facilities 

15 on private or other property not in Government owner16 ship or control, as may be necessary to perform protec17 tive functions; payment of per diem or subsistence allow18 ances to employees where a protective assignment during 

19 the actual day or days of the visit of a protectee requires 

20 an employee to work 16 hours per day or to remain over21 night at his or her post of duty; conduct of and participa22 tion in firearms matches; presentation of awards; travel 

23 of Secret Service employees on protective missions with24 out regard to the limitations on such expenditures in this 

25 or any other Act if approval is obtained in advance from 
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1 the Committees on Appropriations of the Senate and the 

2 House of Representatives; research and development; 

3 grants to conduct behavioral research in support of pro4 tective research and operations; and payment in advance 

5 for commercial accommodations as may be necessary to 

6 perform protective functions; $1,228,981,000, of which 

7 not to exceed $25,000 shall be for official reception and 

8 representation expenses; of which not to exceed $100,000 

9 shall be to provide technical assistance and equipment to 

10 foreign law enforcement organizations in counterfeit in11 vestigations; of which $2,678,000 shall be for forensic 

12 and related support of investigations of missing and ex13 ploited children; and of which $5,000,000 shall be a 

14 grant for activities related to the investigations of ex15 ploited children and shall remain available until ex16 pended: Provided, That up to $18,000,000 provided for 

17 protective travel shall remain available until September 

18 30, 2007: Provided further, That of the total amount ap19 propriated, not less than $10,000,000 shall be available 

20 solely for the unanticipated costs related to security oper21 ations for National Special Security Events, to remain 

22 available until September 30, 2007: Provided further, 

23 That the United States Secret Service is authorized to 

24 obligate funds in anticipation of reimbursements from 

25 agencies and entities, as defined in section 105 of title 
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1 5, United States Code, receiving training sponsored by 

2 the James J. Rowley Training Center, except that total 

3 obligations at the end of the fiscal year shall not exceed 

4 total budgetary resources available under this heading at 

5 the end of the fiscal year. 

6 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

7 RELATEDEXPENSES

8 For necessary expenses for acquisition, construction, 

9 repair, alteration, and improvement of facilities, 

10 $3,699,000, to remain available until expended. 

11 TITLE III—PREPAREDNESS AND RECOVERY 

12 OFFICE OF STATE AND LOCAL GOVERNMENT

13 COORDINATION AND PREPAREDNESS

14 MANAGEMENT ANDADMINISTRATION

15 For necessary expenses for the Office of State and 

16 Local Government Coordination and Preparedness, 

17 $3,546,000: Provided, That not to exceed $2,000 shall be 

18 for official reception and representation expenses. 

19 STATE ANDLOCAL PROGRAMS

20 For grants, contracts, cooperative agreements, and 

21 other activities, including grants to State and local gov22 ernments for terrorism prevention activities, notwith23 standing any other provision of law, $2,781,300,000, 

24 which shall be allocated as follows: 

25 (1) $750,000,000 for formula-based grants and 

26 $400,000,000 for law enforcement terrorism preven-
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1 tion grants pursuant to section 1014 of the USA 

2 PATRIOT ACT (42 U.S.C. 3714): Provided, That 

3 the application for grants shall be made available to 

4 States within 45 days after enactment of this Act; 

5 that States shall submit applications within 90 days 

6 after the grant announcement; and that the Office 

7 of State and Local Government Coordination and 

8 Preparedness shall act within 90 days after receipt 

9 of an application: Provided further, That no less 

10 than 80 percent of any grant under this paragraph 

11 to a State shall be made available by the State to 

12 local governments within 60 days after the receipt of 

13 the funds. 

14 (2) $1,215,000,000 for discretionary grants, as 

15 determined by the Secretary of Homeland Security, 

16 of which— 

17 (A) $850,000,000 shall be for use in high18 threat, high-density urban areas; 

19 (B) $150,000,000 shall be for port security 

20 grants, which shall be distributed based on 

21 risks and vulnerabilities: Provided, That the Of22 fice of State and Local Government Coordina23 tion and Preparedness shall work with the In24 formation Analysis and Infrastructure Protec25 tion Directorate to assess the risk associated 
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1 with each port and with the Coast Guard to 

2 evaluate the vulnerability of each port: Provided 

3 further, That funding may only be made avail4 able to those projects recommended by the 

5 Coast Guard Captain of the Port; 

6 (C) $5,000,000 shall be for trucking indus7 try security grants; 

8 (D) $10,000,000 shall be for intercity bus 

9 security grants; 

10 (E) $150,000,000 shall be for intercity 

11 passenger rail transportation (as defined in sec12 tion 24102 of title 49, United States Code), 

13 freight rail, and transit security grants; and 

14 (F) $50,000,000 shall be for buffer zone 

15 protection grants: 

16 Provided, That for grants under subparagraph (A), the 

17 application for grants shall be made available to States 

18 within 45 days after enactment of this Act; that States 

19 shall submit applications within 90 days after the grant 

20 announcement; and that the Office of State and Local 

21 Government Coordination and Preparedness shall act 

22 within 90 days after receipt of an application: Provided 

23 further, That no less than 80 percent of any grant under 

24 this paragraph to a State shall be made available by the 
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1 State to local governments within 60 days after the receipt 

2 of the funds. 

3 (3) $50,000,000 shall be available for the Com4 mercial Equipment Direct Assistance Program. 

5 (4) $366,300,000 for training, exercises, tech6 nical assistance, and other programs: 

7 Provided, That none of the grants provided under this 

8 heading shall be used for the construction or renovation 

9 of facilities; for minor perimeter security projects, not to 

10 exceed $1,000,000, as determined necessary by the Sec11 retary of Homeland Security: Provided further, That the 

12 proceeding proviso shall not apply to grants under sub13 paragraphs (B) and (E) of paragraph (2) of this heading: 

14 Provided further, That grantees shall provide additional 

15 reports on their use of funds, as determined necessary by 

16 the Secretary of Homeland Security: Provided further, 

17 That funds appropriated for law enforcement terrorism 

18 prevention grants under paragraph (1) and discretionary 

19 grants under paragraph (2)(A) of this heading shall be 

20 available for operational costs, to include personnel over21 time and overtime associated with Office of State and 

22 Local Government Coordination and Preparedness cer23 tified training, as needed: Provided further, That in ac24 cordance with the Department’s implementation plan for 

25 Homeland Security Presidential Directive 8, the Office of 
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1 State and Local Government Coordination and Prepared2 ness shall issue the final National Preparedness Goal no 

3 later than October 1, 2005; and no funds provided under 

4 paragraphs (1) and (2)(A) shall be awarded to States that 

5 have not submitted to the Office of State and Local Gov6 ernment Coordination and Preparedness an updated State 

7 homeland strategy based on the interim National Pre8 paredness Goal, dated March 31, 2005. 

9 FIREFIGHTER ASSISTANCE GRANTS

10 For necessary expenses for programs authorized by 

11 the Federal Fire Prevention and Control Act of 1974 (15 

12 U.S.C. 2201 et seq.), $600,000,000, of which 

13 $550,000,000 shall be available to carry out section 33 

14 (15 U.S.C. 2229) and $50,000,000 shall be available to 

15 carry out section 34 (15 U.S.C. 2229a) of the Act, to re16 main available until September 30, 2007: Provided, That 

17 not to exceed 5 percent of this amount shall be available 

18 for program administration. 

19 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

20 For necessary expenses for emergency management 

21 performance grants, as authorized by the National Flood 

22 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the 

23 Robert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake 

25 Hazards Reductions Act of 1977 (42 U.S.C. 7701 et 

26 seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. 
31 

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1 App.), $180,000,000: Provided, That total administrative 

2 costs shall not exceed 3 percent of the total appropria3 tion. 

4 COUNTERTERRORISM FUND

5 For necessary expenses, as determined by the Sec6 retary of Homeland Security, to reimburse any Federal 

7 agency for the costs of providing support to counter, in8 vestigate, or respond to unexpected threats or acts of ter9 rorism, including payment of rewards in connection with 

10 these activities, $10,000,000, to remain available until 

11 expended: Provided, That the Secretary shall notify the 

12 Committees on Appropriations of the Senate and the 

13 House of Representatives 15 days prior to the obligation 

14 of any amount of these funds in accordance with section 

15 503 of this Act. 

16 EMERGENCY PREPAREDNESS AND RESPONSE

17 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

18 PREPAREDNESS AND RESPONSE

19 For necessary expenses for the Office of the Under 

20 Secretary for Emergency Preparedness and Response, as 

21 authorized by section 502 of the Homeland Security Act 

22 of 2002 (6 U.S.C. 312), $2,306,000. 

23 PREPAREDNESS, MITIGATION, RESPONSE, ANDRECOVERY

24 For necessary expenses for preparedness, mitigation, 

25 response, and recovery activities of the Directorate of 

26 Emergency Preparedness and Response, $249,499,000, 
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1 including activities authorized by the National Flood In2 surance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert 

3 T. Stafford Disaster Relief and Emergency Assistance 

4 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

5 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 

6 Federal Fire Prevention and Control Act of 1974 (15 

7 U.S.C. 2201 et seq.), the Defense Production Act of 

8 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 

9 303 of the National Security Act of 1947 (50 U.S.C. 

10 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

11 App.), and the Homeland Security Act of 2002 (6 U.S.C. 

12 101 et seq.). 

13 ADMINISTRATIVE AND REGIONAL OPERATIONS

14 For necessary expenses for administrative and re15 gional operations of the Directorate of Emergency Pre16 paredness and Response, $225,441,000, including activi17 ties authorized by the National Flood Insurance Act of 

18 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 

19 Disaster Relief and Emergency Assistance Act (42 

20 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction 

21 Act of 1977 (42 U.S.C. 7701 et seq.), the Federal Fire 

22 Prevention and Control Act of 1974 (15 U.S.C. 2201 et 

23 seq.), the Defense Production Act of 1950 (50 U.S.C. 

24 App. 2061 et seq.), sections 107 and 303 of the National 

25 Security Act of 1947 (50 U.S.C. 404, 405), Reorganiza26 tion Plan No. 3 of 1978 (5 U.S.C. App.), and the Home-
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1 land Security Act of 2002 (6 U.S.C. 101 et seq.): Pro2 vided, That not to exceed $3,000 shall be for official re3 ception and representation expenses. 

4 PUBLIC HEALTH PROGRAMS

5 For necessary expenses for countering potential bio6 logical, disease, and chemical threats to civilian popu7 lations, $34,000,000. 

8 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

9 The aggregate charges assessed during fiscal year 

10 2006, as authorized in title III of the Departments of 

11 Veterans Affairs and Housing and Urban Development, 

12 and Independent Agencies Appropriations Act, 1999 (42 

13 U.S.C. 5196e), shall not be less than 100 percent of the 

14 amounts anticipated by the Department of Homeland Se15 curity necessary for its radiological emergency prepared16 ness program for the next fiscal year: Provided, That the 

17 methodology for assessment and collection of fees shall be 

18 fair and equitable and shall reflect costs of providing 

19 such services, including administrative costs of collecting 

20 such fees: Provided further, That fees received under this 

21 heading shall be deposited in this account as offsetting 

22 collections and will become available for authorized pur23 poses on October 1, 2006, and remain available until ex24 pended. 
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1 DISASTER RELIEF

2 For necessary expenses in carrying out the Robert 

3 T. Stafford Disaster Relief and Emergency Assistance 

4 Act (42 U.S.C. 5121 et seq.), $2,023,900,000, to remain 

5 available until expended. 

6 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

7 For administrative expenses to carry out the direct 

8 loan program, as authorized by section 319 of the Robert 

9 T. Stafford Disaster Relief and Emergency Assistance 

10 Act (42 U.S.C. 5162), $567,000: Provided, That gross 

11 obligations for the principal amount of direct loans shall 

12 not exceed $25,000,000: Provided further, That the cost 

13 of modifying such loans shall be as defined in section 502 

14 of the Congressional Budget Act of 1974 (2 U.S.C. 

15 661a). 

16 FLOODMAP MODERNIZATION FUND

17 For necessary expenses pursuant to section 1360 of 

18 the National Flood Insurance Act of 1968 (42 U.S.C. 

19 4101), $200,000,000, and such additional sums as may 

20 be provided by State and local governments or other po21 litical subdivisions for cost-shared mapping activities 

22 under section 1360(f)(2) of such Act, to remain available 

23 until expended: Provided, That total administrative costs 

24 shall not exceed 3 percent of the total appropriation. 
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1 NATIONAL FLOODINSURANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities under the National Flood Insurance 

4 Act of 1968 (42 U.S.C. 4001 et seq.), not to exceed 

5 $36,496,000 for salaries and expenses associated with 

6 flood mitigation and flood insurance operations; not to 

7 exceed $40,000,000 for financial assistance under section 

8 1361A of such Act to States and communities for taking 

9 actions under such section with respect to severe repet10 itive loss properties, to remain available until expended; 

11 not to exceed $10,000,000 for mitigation actions under 

12 section 1323 of such Act; and not to exceed $99,358,000 

13 for flood hazard mitigation, to remain available until Sep14 tember 30, 2007, including up to $40,000,000 for ex15 penses under section 1366 of the National Flood Insur16 ance Act of 1968 (42 U.S.C. 4104c), which amount shall 

17 be available for transfer to the National Flood Mitigation 

18 Fund until September 30, 2007, and which amount shall 

19 be derived from offsetting collections assessed and col20 lected pursuant to section 1307 of that Act (42 U.S.C. 

21 4014), and shall be retained and used for necessary ex22 penses under this heading: Provided, That in fiscal year 

23 2006, no funds in excess of (1) $55,000,000 for oper24 ating expenses; (2) $660,148,000 for agents’ commis25 sions and taxes; and (3) $30,000,000 for interest on 
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1 Treasury borrowings shall be available from the National 

2 Flood Insurance Fund. 

3 NATIONAL FLOODMITIGATION FUND

4 Notwithstanding subparagraphs (B) and (C) of sub5 section (b)(3), and subsection (f), of section 1366 of the 

6 National Flood Insurance Act of 1968 (42 U.S.C. 

7 4104c), $40,000,000, to remain available until September 

8 30, 2007, for activities designed to reduce the risk of 

9 flood damage to structures pursuant to such Act, of 

10 which $40,000,000 shall be derived from the National 

11 Flood Insurance Fund. 

12 NATIONAL PRE-DISASTER MITIGATION FUND

13 For a pre-disaster mitigation grant program pursu14 ant to title II of the Robert T. Stafford Disaster Relief 

15 and Emergency Assistance Act (42 U.S.C. 5131 et seq.), 

16 $150,000,000, to remain available until expended: Pro17 vided, That grants made for pre-disaster mitigation shall 

18 be awarded on a competitive basis subject to the criteria 

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

20 notwithstanding section 203(f) of such Act, shall be made 

21 without reference to State allocations, quotas, or other 

22 formula-based allocation of funds: Provided further, That 

23 total administrative costs shall not exceed 3 percent of 

24 the total appropriation. 
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1 EMERGENCY FOODANDSHELTER

2 To carry out an emergency food and shelter program 

3 pursuant to title III of the Stewart B. McKinney Home4 less Assistance Act (42 U.S.C. 11331 et seq.), 

5 $153,000,000, to remain available until expended: Pro6 vided, That total administrative costs shall not exceed 3.5 

7 percent of the total appropriation. 

8 TITLE IV—RESEARCH AND DEVELOPMENT, 

9 TRAINING, ASSESSMENTS, AND SERVICES 

10 CITIZENSHIP AND IMMIGRATION SERVICES

11 For necessary expenses for citizenship and immigra12 tion services, $120,000,000: Provided, That the Director 

13 of United States Citizenship and Immigration Services 

14 shall submit to the Committee on Appropriations of the 

15 House of Representatives a report on its information 

16 technology transformation efforts and how these efforts 

17 align with the enterprise architecture standards of the 

18 Department of Homeland Security within 90 days of en19 actment of this Act. 

20 FEDERAL LAW ENFORCEMENT TRAINING CENTER

21 SALARIES ANDEXPENSES

22 For necessary expenses of the Federal Law Enforce23 ment Training Center, including materials and support 

24 costs of Federal law enforcement basic training; purchase 

25 of not to exceed 117 vehicles for police-type use and hire 
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1 of passenger motor vehicles; expenses for student athletic 

2 and related activities; the conduct of and participation in 

3 firearms matches and presentation of awards; public 

4 awareness and enhancement of community support of law 

5 enforcement training; room and board for student in6 terns; a flat monthly reimbursement to employees author7 ized to use personal mobile phones for official duties; and 

8 services as authorized by section 3109 of title 5, United 

9 States Code; $194,000,000, of which up to $36,174,000 

10 for materials and support costs of Federal law enforce11 ment basic training shall remain available until Sep12 tember 30, 2007; and of which not to exceed $12,000 

13 shall be for official reception and representation expenses: 

14 Provided, That the Center is authorized to obligate funds 

15 in anticipation of reimbursements from agencies receiving 

16 training sponsored by the Center, except that total obli17 gations at the end of the fiscal year shall not exceed total 

18 budgetary resources available at the end of the fiscal 

19 year: Provided further, That in fiscal year 2006 and 

20 thereafter, the Center is authorized to assess pecuniary 

21 liability against Center employees and students for losses 

22 or destruction of government property due to gross neg23 ligence or willful misconduct and to set off any resulting 

24 debts due the United States by Center employees and 
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1 students, without their consent, against current payments 

2 due the employees and students for their services. 

3 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

4 RELATEDEXPENSES

5 For acquisition of necessary additional real property 

6 and facilities, construction, and ongoing maintenance, fa7 cility improvements, and related expenses of the Federal 

8 Law Enforcement Training Center, $64,743,000, to re9 main available until expended: Provided, That the Center 

10 is authorized to accept reimbursement to this appropria11 tion from government agencies requesting the construc12 tion of special use facilities. 

13 INFORMATION ANALYSIS AND INFRASTRUCTURE

14 PROTECTION

15 MANAGEMENT ANDADMINISTRATION

16 For salaries and expenses of the immediate Office of 

17 the Under Secretary for Information Analysis and Infra18 structure Protection and for management and adminis19 tration of programs and activities, as authorized by title 

20 II of the Homeland Security Act of 2002 (6 U.S.C. 121 

21 et seq.), $198,200,000: Provided, That not to exceed 

22 $5,000 shall be for official reception and representation 

23 expenses. 

24 ASSESSMENTS ANDEVALUATIONS

25 For necessary expenses for information analysis and 

26 infrastructure protection as authorized by title II of the 
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1 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

2 $663,240,000, to remain available until September 30, 

3 2007. 

4 SCIENCE AND TECHNOLOGY

5 MANAGEMENT ANDADMINISTRATION

6 For salaries and expenses of the immediate Office of 

7 the Under Secretary for Science and Technology and for 

8 management and administration of programs and activi9 ties, as authorized by title III of the Homeland Security 

10 Act of 2002 (6 U.S.C. 181 et seq.), $81,399,000: Pro11 vided, That not to exceed $3,000 shall be for official re12 ception and representation expenses. 

13 RESEARCH, DEVELOPMENT, ACQUISITION AND

14 OPERATIONS

15 For necessary expenses for science and technology 

16 research, including advanced research projects; develop17 ment; test and evaluation; acquisition; and operations; as 

18 authorized by title III of the Homeland Security Act of 

19 2002 (6 U.S.C. 181 et seq.), $1,258,597,000, to remain 

20 available until expended: Provided, That of the total 

21 amount provided under this heading, $23,000,000 is 

22 available to find an alternative site for the National Bio 

23 and Agrodefense Laboratory and other pre-construction 

24 activities to establish research labs to protect animal and 

25 public health from high consequence animal and zoonotic 

26 diseases, in support of the requirements of Homeland Se-
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1 curity Presidential Directives 9 and 10: Provided further, 

2 That of the total amount provided under this heading, 

3 $10,000,000 shall be used to enhance activities toward 

4 implementation of section 313 of the Homeland Security 

5 Act of 2002 (6 U.S.C. 193). 

6 TITLE V—GENERAL PROVISIONS 

7 (INCLUDING RESCISSION OF FUNDS)

8 SEC. 501. No part of any appropriation contained in 

9 this Act shall remain available for obligation beyond the 

10 current fiscal year unless expressly so provided herein. 

11 SEC. 502. Subject to the requirements of section 

12 503 of this Act, the unexpended balances of prior appro13 priations provided for activities in this Act may be trans14 ferred to appropriation accounts for such activities estab15 lished pursuant to this Act: Provided, That balances so 

16 transferred may be merged with funds in the applicable 

17 established accounts and thereafter may be accounted for 

18 as one fund for the same time period as originally en19 acted. 

20 SEC. 503. (a) None of the funds provided by this 

21 Act, provided by previous appropriations Acts to the 

22 agencies in or transferred to the Department of Home23 land Security that remain available for obligation or ex24 penditure in fiscal year 2006, or provided from any ac25 counts in the Treasury of the United States derived by 
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1 the collection of fees available to the agencies funded by 

2 this Act, shall be available for obligation or expenditure 

3 through a reprogramming of funds that: (1) creates a 

4 new program; (2) eliminates a program, project, or activ5 ity; (3) increases funds for any program, project, or ac6 tivity for which funds have been denied or restricted by 

7 the Congress; (4) proposes to use funds directed for a 

8 specific activity by either the House or Senate Commit9 tees on Appropriations for a different purpose; or (5) 

10 contracts out any functions or activities for which funds 

11 have been appropriated for Federal full-time equivalent 

12 positions; unless the Committees on Appropriations of the 

13 Senate and the House of Representatives are notified 15 

14 days in advance of such reprogramming of funds. 

15 (b) None of the funds provided by this Act, provided 

16 by previous appropriation Acts to the agencies in or 

17 transferred to the Department of Homeland Security that 

18 remain available for obligation or expenditure in fiscal 

19 year 2006, or provided from any accounts in the Treas20 ury of the United States derived by the collection of fees 

21 available to the agencies funded by this Act, shall be 

22 available for obligation or expenditure for programs, 

23 projects, or activities through a reprogramming of funds 

24 in excess of $5,000,000 or 10 percent, whichever is less, 

25 that: (1) augments existing programs, projects, or activi-
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1 ties; (2) reduces by 10 percent funding for any existing 

2 program, project, or activity, or numbers of personnel by 

3 10 percent as approved by the Congress; or (3) results 

4 from any general savings from a reduction in personnel 

5 that would result in a change in existing programs, 

6 projects, or activities as approved by the Congress; unless 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives are notified 15 days in advance 

9 of such reprogramming of funds. 

10 (c) Not to exceed 5 percent of any appropriation 

11 made available for the current fiscal year for the Depart12 ment of Homeland Security by this Act or provided by 

13 previous appropriations Acts may be transferred between 

14 such appropriations, but no such appropriations, except 

15 as otherwise specifically provided, shall be increased by 

16 more than 10 percent by such transfers: Provided, That 

17 any transfer under this subsection shall be treated as a 

18 reprogramming of funds under subsection (b) of this sec19 tion and shall not be available for obligation unless the 

20 Committees on Appropriations of the Senate and the 

21 House of Representatives are notified 15 days in advance 

22 of such transfer. 

23 (d) The Department shall submit all notifications 

24 pursuant to subsections (a), (b), and (c) of this section 

25 no later than June 30, except in extraordinary cir-
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1 cumstances which imminently threaten the safety of 

2 human life or the protection of property. 

3 SEC. 504. Except as otherwise specifically provided 

4 by law, not to exceed 50 percent of unobligated balances 

5 remaining available at the end of fiscal year 2006 from 

6 appropriations for salaries and expenses for fiscal year 

7 2006 in this Act shall remain available through Sep8 tember 30, 2007, in the account and for the purposes for 

9 which the appropriations were provided: Provided, That 

10 prior to the obligation of such funds, a request shall be 

11 submitted to the Committees on Appropriations of the 

12 Senate and the House of Representatives for approval in 

13 accordance with section 503 of this Act. 

14 SEC. 505. Funds made available by this Act for in15 telligence activities are deemed to be specifically author16 ized by the Congress for purposes of section 504 of the 

17 National Security Act of 1947 (50 U.S.C. 414) during 

18 fiscal year 2006 until the enactment of an Act author19 izing intelligence activities for fiscal year 2006. 

20 SEC. 506. The Federal Law Enforcement Training 

21 Center shall establish an accrediting body, to include rep22 resentatives from the Federal law enforcement commu23 nity and non-Federal accreditation experts involved in 

24 law enforcement training, to establish standards for 

25 measuring and assessing the quality and effectiveness of 
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1 Federal law enforcement training programs, facilities, 

2 and instructors. 

3 SEC. 507. None of the funds in this Act may be 

4 used to make a grant allocation, discretionary grant 

5 award, discretionary contract award, or to issue a letter 

6 of intent totaling in excess of $1,000,000 unless the Sec7 retary of Homeland Security notifies the Committees on 

8 Appropriations of the Senate and House of Representa9 tives at least 3 full business days in advance: Provided, 

10 That no notification shall involve funds that are not 

11 available for obligation. 

12 SEC. 508. Notwithstanding any other provision of 

13 law, no agency shall purchase, construct, or lease any ad14 ditional facilities, except within or contiguous to existing 

15 locations, to be used for the purpose of conducting Fed16 eral law enforcement training without the advance ap17 proval of the Committees on Appropriations of the Senate 

18 and the House of Representatives, except that the Fed19 eral Law Enforcement Training Center is authorized to 

20 obtain the temporary use of additional facilities by lease, 

21 contract, or other agreement for training which cannot be 

22 accommodated in existing Center facilities. 

23 SEC. 509. The Director of the Federal Law Enforce24 ment Training Center (FLETC) shall schedule basic and/ 

25 or advanced law enforcement training at all four training 
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1 facilities under FLETC’s control to ensure that these 

2 training centers are operated at the highest capacity 

3 throughout the fiscal year. 

4 SEC. 510. None of the funds appropriated or other5 wise made available by this Act may be used for expenses 

6 of any construction, repair, alteration, or acquisition 

7 project for which a prospectus, if required by the Public 

8 Buildings Act of 1959, has not been approved, except 

9 that necessary funds may be expended for each project 

10 for required expenses for the development of a proposed 

11 prospectus. 

12 SEC. 511. None of the funds in this Act may be 

13 used in contravention of the applicable provisions of the 

14 Buy American Act (41 U.S.C. 10a et seq.). 

15 SEC. 512. Funding for the Transportation Security 

16 Administration’s Office of Transportation Security Sup17 port, Office of the Administrator, shall be reduced by 

18 $100,000 per day for each day after enactment of this 

19 Act that the second proviso of section 513 of Public Law 

20 108–334 has not been implemented. 

21 SEC. 513. The Commandant of the Coast Guard 

22 shall provide to the Committee on Appropriations of the 

23 House of Representatives each year, at the time that the 

24 President’s budget is submitted under section 1105(a) of 

25 title 31, United States Code, a list of approved but un-
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1 funded Coast Guard priorities and the funds needed for 

2 each such priority in the same manner and with the same 

3 contents as the unfunded priorities lists submitted by the 

4 chiefs of other Armed Services. 

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

6 United States Code, beginning in fiscal year 2006 and 

7 thereafter, the Administrator of the Transportation Secu8 rity Administration may impose a reasonable charge for 

9 the lease of real and personal property to Transportation 

10 Security Administration employees and for use by Trans11 portation Security Administration employees and may 

12 credit amounts received to the appropriation or fund ini13 tially charged for operating and maintaining the prop14 erty, which amounts shall be available, without fiscal year 

15 limitation, for expenditure for property management, op16 eration, protection, construction, repair, alteration, and 

17 related activities. 

18 SEC. 515. Beginning in fiscal year 2006 and there19 after, the acquisition management system of the Trans20 portation Security Administration shall apply to the ac21 quisition of services, as well as equipment, supplies, and 

22 materials. 

23 SEC. 516. Notwithstanding any other provision of 

24 law, the authority of the Office of Personnel Management 

25 to conduct personnel security and suitability background 
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1 investigations, update investigations, and periodic re2 investigations of applicants for, or appointees in, posi3 tions in the Office of the Secretary and Executive Man4 agement, the Office of the Under Secretary for Manage5 ment, the Bureau of Immigration and Customs Enforce6 ment, the Directorate of Science and Technology, and the 

7 Directorate of Information Analysis and Infrastructure 

8 Protection of the Department of Homeland Security is 

9 transferred to the Department of Homeland Security: 

10 Provided, That on request of the Department of Home11 land Security, the Office of Personnel Management shall 

12 cooperate with and assist the Department in any inves13 tigation or reinvestigation under this section. 

14 SEC. 517. Notwithstanding any other provision of 

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

16 the State and Local Programs heading under title III of 

17 this Act are exempt from section 6503(a) of title 31, 

18 United States Code. 

19 SEC. 518. (a) None of the funds provided by this or 

20 previous appropriations Acts may be obligated for deploy21 ment or implementation, on other than a test basis, of the 

22 Secure Flight program or any other follow on or successor 

23 passenger prescreening programs, until the Secretary of 

24 Homeland Security certifies, and the Government Ac25 countability Office (GAO) reports, to the Committees on 
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1 Appropriations of the Senate and the House of Represent2 atives, that all ten of the elements contained in paragraphs 

3 (1) through (10) of section 522(a) of Public Law 108– 

4 334 have been successfully met. 

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

6 submitted within 90 days after the certification required 

7 by such subsection is provided, and periodically thereafter, 

8 if necessary, until the Government Accountability Office 

9 confirms that all ten elements have been successfully met. 

10 (c) During the testing phase permitted by subsection 

11 (a), no information gathered from passengers, foreign or 

12 domestic air carriers, or reservation systems may be used 

13 to screen aviation passengers, or delay or deny boarding 

14 to such passengers, except in instances where passenger 

15 names are matched to a government watch list. 

16 (d) None of the funds provided in this or any previous 

17 appropriations Act may be utilized to develop or test algo18 rithms assigning risk to passengers whose names are not 

19 on government watch lists. 

20 (e) None of the funds provided in this appropriations 

21 Act may be utilized for a database that is obtained from 

22 or remains under the control of a non-Federal entity. 

23 SEC. 519. None of the funds made available in this 

24 Act may be used to amend the oath of allegiance required 
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1 by section 337 of the Immigration and Nationality Act 

2 (8 U.S.C. 1448). 

3 SEC. 520. None of the funds appropriated by this 

4 Act may be used to process or approve a competition 

5 under Office of Management and Budget Circular A–76 

6 for services provided as of June 1, 2004, by employees 

7 (including employees serving on a temporary or term 

8 basis) of Citizenship and Immigration Services of the De9 partment of Homeland Security who are known as of 

10 that date as Immigration Information Officers, Contact 

11 Representatives, or Investigative Assistants. 

12 SEC. 521. None of the funds available in this Act or 

13 provided hereafter shall be available to maintain the 

14 United States Secret Service as anything but a distinct 

15 entity within the Department of Homeland Security and 

16 shall not be used to merge the United States Secret Serv17 ice with any other department function, cause any per18 sonnel and operational elements of the United States Se19 cret Service to report to an individual other than the Di20 rector of the United States Secret Service, or cause the 

21 Director to report directly to any individual other than 

22 the Secretary of Homeland Security. 

23 SEC. 522. The Secretary of Homeland Security shall 

24 develop screening standards and protocols to more thor25 oughly screen all types of air cargo on passenger and cargo 
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1 aircraft by March 1, 2006: Provided, That these screening 

2 standards and protocols shall be developed in consultation 

3 with the industry stakeholders: Provided further, That 

4 these screening standards and protocols shall be developed 

5 in conjunction with the research and development of tech6 nologies that will permit screening of all high-risk air 

7 cargo: Provided further, That of the amounts appropriated 

8 in this Act for the ‘‘Office of the Secretary and Executive 

9 Management’’, $10,000,000 shall not be available for obli10 gation until new air cargo screening standards and proto11 cols are implemented. 

12 SEC. 523. The Transportation Security Administra13 tion (TSA) shall utilize existing checked baggage explosive 

14 detection equipment and screeners to screen cargo carried 

15 on passenger aircraft to the greatest extent practicable at 

16 each airport: Provided, That beginning with November 

17 2005, TSA shall provide a monthly report to the Com18 mittee on Appropriations of the House of Representatives 

19 detailing, by airport, the amount of cargo carried on pas20 senger aircraft that was screened by TSA in August 2005 

21 and each month thereafter. 

22 SEC. 524. The Secretary of Homeland Security shall 

23 implement a security plan to permit general aviation air24 craft to land and take off at Ronald Reagan Washington 

25 National Airport 90 days after enactment of this Act. 
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1 SEC. 525. None of the funds available for obligation 

2 for the transportation worker identification credential pro3 gram shall be used to develop a personalization system 

4 that is decentralized or a card production capability that 

5 does not utilize an existing government card production 

6 facility: Provided, That no funding can be obligated for 

7 the next phase of production until the Committee on Ap8 propriations of the House of Representatives has been 

9 fully briefed on the results of the prototype phase and 

10 agrees that the program should move forward. 

11 SEC. 526. (a) From the unexpended balances of the 

12 United States Coast Guard ‘‘Acquisition, Construction 

13 and Improvements’’ account specifically identified in state14 ment of managers language for Integrated Deepwater Sys15 tem patrol boats 110- to 123-foot conversion in fiscal 

16 years 2004 and 2005, $83,999,942 are rescinded. 

17 (b) For the necessary expenses of the United States 

18 Coast Guard for ‘‘Acquisition, Construction and Improve19 ments’’, $83,999,942 is made available to procure new 

20 110-foot patrol boats or for major maintenance availability 

21 for the current 110-foot patrol boat fleet: Provided, That 

22 such funds shall remain available until expended. 

23 SEC. 527. The Secretary of Homeland Security shall 

24 utilize the Transportation Security Clearinghouse as the 

25 central identity management system for the deployment 
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1 and operation of the registered traveler program, the 

2 transportation worker identification credential program, 

3 and other applicable programs for the purposes of col4 lecting and aggregating biometric data necessary for back5 ground vetting; providing all associated record-keeping, 

6 customer service, and related functions; ensuring inter7 operability between different airports and vendors; and 

8 acting as a central activation, revocation, and transaction 

9 hub for participating airports, ports, and other points of 

10 presence. 

11 SEC. 528. None of the funds made available in this 

12 Act may be used by any person other than the privacy 

13 officer appointed pursuant to section 222 of the Homeland 

14 Security Act of 2002 (6 U.S.C. 142) to alter, direct that 

15 changes be made to, delay or prohibit the transmission 

16 to Congress of, any report prepared pursuant to para17 graph (5) of such section. 

18 SEC. 529. No funding provided in this or previous 

19 appropriations Acts shall be available to pay the salary 

20 of any employee serving as a contracting officer’s technical 

21 representative (COTR) who has not received COTR train22 ing. 

23 SEC. 530. Except as provided in section 44945 of title 

24 49, United States Code, funds appropriated or transferred 

25 to the Transportation Security Administration in fiscal 
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1 years 2002 and 2003, and to the Transportation Security 

2 Administration, ‘‘Aviation Security’’ and ‘‘Administra3 tion’’ in fiscal years 2004 and 2005, that are recovered 

4 or deobligated shall be available only for procurement and 

5 installation of explosive detection systems. 

6 SEC. 531. From the unobligated balances available 

7 in the ‘‘Department of Homeland Security Working Cap8 ital Fund’’ established by section 506 of Public Law 108– 

9 90, $7,000,000 are hereby rescinded. 

10 SEC. 532. Notwithstanding any other provision of 

11 law, the Committee withholds from obligation 

12 $25,000,000 from the Directorate of Emergency Pre13 paredness and Response, Administrative and Regional Op14 erations, until the direction in the statement of managers 

15 accompanying Public Law 108–324 and House Report 

16 108–541 is completed. 

17 SEC. 533. None of the funds appropriated under this 

18 Act or any other Act shall be available for processing peti19 tions under section 214(c) of the Immigration and Nation20 ality Act relating to nonimmigrant status under section 

21 101(a)(15)(H)(i)(b) of such Act until the authority pro22 vided in section 214(g)(5)(C) of such Act is being imple23 mented such that, in any fiscal year in which the total 

24 number of aliens who are issued visas or otherwise pro25 vided nonimmigrant status subject to the numerical limi-
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1 tation under section 101(a)(15)(H)(i)(b) of such Act 

2 reaches the numerical limitation contained in section 

3 214(g)(1)(A) of such Act,, up to 20,000 additional aliens 

4 who have earned a master’s or higher degree from an in5 stitution of higher education (as defined in section 101(a) 

6 of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) 

7 may be issued visas or otherwise provided nonimmigrant 

8 status under section 101(a)(15)(H)(i)(b) of the Immigra9 tion and Nationality Act. 

10 SEC. 534. None of the funds provided in this Act 

11 shall be used to pay the salaries of more than sixty Trans12 portation Security Administration employees who have the 

13 authority to designate documents as Sensitive Security In14 formation (SSI). In addition, $10,000,000 is not available 

15 for the Department-wide Office of Security until the Sec16 retary submits to the Committee on Appropriations of the 

17 House of Representatives: (1) the titles of all documents 

18 currently designated as SSI; (2) Department-wide policies 

19 on SSI designation; (3) Department-wide SSI designation 

20 auditing policies and procedures; and (4) the total number 

21 of staff and offices authorized to designate SSI documents 

22 within the Department. 

23 SEC. 535. None of the funds appropriated by this Act 

24 may be used to change the name of the Coast Guard Sta25 tion ‘‘Group St. Petersburg’’. 
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1 This Act may be cited as the ‘‘Department of Home2 land Security Appropriations Act, 2006’’. 

Union Calendar No. 38 

109TH CONGRESS 

1ST SESSION H. R. 2360 

[Report No. 109–79] 

A BILL 

Making appropriations for the Department of 

September 30, 2006, and for other purposes. Homeland Security for the fiscal year ending 

MAY 13, 2005 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed