109TH CONGRESS

1ST SESSION H. R. 2360

AN ACT

Making appropriations for the Department of

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

109TH CONGRESS

1ST SESSION H. R. 2360

AN ACT

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of Homeland Security for the fiscal year end4 ing September 30, 2006, and for other purposes, namely:

5 TITLE I—DEPARTMENTAL MANAGEMENT AND

6 OPERATIONS

7 OFFICE OF THE SECRETARY AND EXECUTIVE

8 MANAGEMENT

9 For necessary expenses of the Office of the Secretary

10 of Homeland Security, as authorized by section 102 of the

11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $133,239,000 (reduced by

14 $100,000): Provided, That not to exceed $40,000 shall be

15 for official reception and representation expenses: Pro16 vided further, That of the amounts appropriated under

17 this heading, $20,000,000 shall not be available for obliga18 tion until the Secretary of Homeland Security submits to

19 the Committee on Appropriations of the House of Rep20 resentatives an immigration enforcement strategy to re21 duce the number of undocumented aliens, based upon the

22 latest United States Census Bureau data, by 10 percent

23 per year: Provided further, That of the amounts appro24 priated under this heading, $10,000,000 shall not be avail25 able for obligation until section 525 of this Act is imple-
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1 mented: Provided further, That the Secretary shall submit

2 all reports requested by the Committee on Appropriations

3 of the House of Representatives for all agencies and com4 ponents of the Department of Homeland Security, as iden5 tified in this Act and the House report accompanying this

6 Act, by the dates specified: Provided further, That the con7 tent of all reports shall be in compliance with the direction

8 and instructions included in this Act and the House report

9 accompanying this Act by the dates specified: Provided

10 further, That, of the amounts appropriated under this

11 heading, $20,000,000 may not be obligated until the Com12 mittee on Appropriations of the House of Representatives

13 has received all final reports in compliance with such di14 rection and instructions.

15 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

16 For necessary expenses of the Office of the Under

17 Secretary for Management, as authorized by sections 701–

18 705 of the Homeland Security Act of 2002 (6 U.S.C. 341–

19 345), $146,084,000 (reduced by $26,100,000) (reduced

20 by $50,000,000): Provided, That not to exceed $3,000

21 shall be for official reception and representation expenses:

22 Provided further, That of the total amount provided,

23 $26,070,000 shall remain available until expended solely

24 for the alteration and improvement of facilities, tenant im-
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1 provements, and relocation costs to consolidate Depart2 ment headquarters operations.

3 OFFICE OF THE CHIEF FINANCIAL OFFICER

4 For necessary expenses of the Office of the Chief Fi5 nancial Officer, as authorized by section 103 of the Home6 land Security Act of 2002 (6 U.S.C. 113), $18,505,000.

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, as authorized by section 103 of the

10 Homeland Security Act of 2002 (6 U.S.C. 113), and De11 partment-wide technology investments, $303,700,000; of

12 which $75,756,000 shall be available for salaries and ex13 penses; and of which $227,944,000 shall be available for

14 development and acquisition of information technology

15 equipment, software, services, and related activities for the

16 Department of Homeland Security, and for the costs of

17 conversion to narrowband communications, including the

18 cost for operation of the land mobile radio legacy systems,

19 to remain available until expended: Provided, That none

20 of the funds appropriated shall be used to support or sup21 plement the appropriations provided for the United States

22 Visitor and Immigrant Status Indicator Technology

23 project or the Automated Commercial Environment: Pro24 vided further, That the Department shall report within

25 180 days of enactment of this Act on its enterprise archi-
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1 tecture and other strategic planning activities in accord2 ance with the terms and conditions specified in the House

3 report accompanying this Act.

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

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

8 which not to exceed $100,000 may be used for certain con9 fidential operational expenses, including the payment of

10 informants, to be expended at the direction of the Inspec11 tor General.

12 TITLE II—SECURITY, ENFORCEMENT, AND

13 INVESTIGATIONS

14 BORDER AND TRANSPORTATION SECURITY

15 OFFICE OF THE UNDER SECRETARY FOR BORDER AND

16 TRANSPORTATION SECURITY

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of the Under

19 Secretary for Border and Transportation Security, as au20 thorized by subtitle A of title IV of the Homeland Security

21 Act of 2002 (6 U.S.C. 201 et seq.), $10,617,000: Pro22 vided, That not to exceed $3,000 shall be for official recep23 tion and representation expenses.

24 AUTOMATION MODERNIZATION

25 For necessary expenses of the United State Visitor

26 and Immigrant Status Indicator Technology project, as
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1 authorized by section 110 of the Illegal Immigration Re2 form and Immigration Responsibility Act of 1996 (8

3 U.S.C. 1221 note) and for the development, deployment,

4 and use of Free and Secure Trade (FAST), NEXUS, and

5 Secure Electronic Network for Traveler’s Rapid Inspec6 tion (SENTRI), $411,232,000, to remain available until

7 expended, which shall be allocated as follows:

8 (1) $7,000,000 for FAST.

9 (2) $14,000,000 for NEXUS/SENTRI.

10 (3) $390,232,000 for the United States Visitor

11 and Immigrant Status Indicator Technology project:

12 Provided, That of the funds provided for this

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

14 Committees on Appropriations of the Senate and the

15 House of Representatives receive and approve a plan

16 for expenditure prepared by the Secretary of Home17 land Security that—

18 (A) meets the capital planning and invest19 ment control review requirements established by

20 the Office of Management and Budget, includ21 ing Circular A–11, part 7;

22 (B) complies with the Department of

23 Homeland Security enterprise information sys24 tems architecture;
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1 (C) complies with the acquisition rules, re2 quirements, guidelines, and systems acquisition

3 management practices of the Federal Govern4 ment;

5 (D) is reviewed and approved by the De6 partment of Homeland Security Investment Re7 view Board, the Secretary of Homeland Secu8 rity, and the Office of Management and Budg9 et; and

10 (E) is reviewed by the Government Ac11 countability Office.

12 CUSTOMS AND BORDER PROTECTION

13 SALARIES AND EXPENSES

14 For necessary expenses for enforcement of laws relat15 ing to border security, immigration, customs, and agricul16 tural inspections and regulatory activities related to plant

17 and animal imports; acquisition, lease, maintenance and

18 operation of aircraft; purchase and lease of up to 4,500

19 (3,935 for replacement only) police-type vehicles; and con20 tracting with individuals for personal services abroad;

21 $4,885,544,000; of which $3,000,000 shall be derived

22 from the Harbor Maintenance Trust Fund for administra23 tive expenses related to the collection of the Harbor Main24 tenance Fee pursuant to section 9505(c)(3) of the Internal

25 Revenue Code of 1986 and notwithstanding section
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1 1511(e)(1) of the Homeland Security Act of 2002 (6

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

3 be for official reception and representation expenses; of

4 which not less than $141,060,000 shall be for Air and Ma5 rine Operations; of which not to exceed $174,800,000

6 shall remain available until September 30, 2007, for in7 spection and surveillance technology, unmanned aerial ve8 hicles, and replacement aircraft; of which such sums as

9 become available in the Customs User Fee Account, except

10 sums subject to section 13031(f)(3) of the Consolidated

11 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

12 58c(f)(3)), shall be derived from that account; of which

13 not to exceed $150,000 shall be available for payment for

14 rental space in connection with preclearance operations;

15 of which not to exceed $1,000,000 shall be for awards of

16 compensation to informants, to be accounted for solely

17 under the certificate of the Under Secretary for Border

18 and Transportation Security; and of which not to exceed

19 $5,000,000 shall be available for payments or advances

20 arising out of contractual or reimbursable agreements

21 with State and local law enforcement agencies while en22 gaged in cooperative activities related to immigration: Pro23 vided, That for fiscal year 2006, the overtime limitation

24 prescribed in section 5(c)(1) of the Act of February 13,

25 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not-
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1 withstanding any other provision of law, none of the funds

2 appropriated in this Act may be available to compensate

3 any employee of the Bureau of Customs and Border Pro4 tection for overtime, from whatever source, in an amount

5 that exceeds such limitation, except in individual cases de6 termined by the Under Secretary for Border and Trans7 portation Security, or a designee, to be necessary for na8 tional security purposes, to prevent excessive costs, or in

9 cases of immigration emergencies: Provided further, That

10 of the total amount provided, $10,000,000 may not be ob11 ligated until the Secretary submits to the Committee on

12 Appropriations of the House of Representatives all re13 quired reports related to air and marine operations: Pro14 vided further, That of the total amount provided,

15 $2,000,000 may not be obligated until the Secretary sub16 mits to the Committee on Appropriations of the House

17 of Representatives a report on the performance of the Im18 migration Advisory Program as directed in House Report

19 No. 108–541: Provided further, That of the total amount

20 provided, $70,000,000 may not be obligated until the Sec21 retary submits to the Committee on Appropriations of the

22 House of Representatives part two of the report on the

23 performance of the Container Security Initiative progam,

24 as directed in House Report 180–541: Provided further,

25 That no funds shall be available for the site acquisition,
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1 design, or construction of any Border Patrol checkpoint

2 in the Tucson sector: Provided further, That the Border

3 Patrol shall relocate its checkpoints in the Tucson sector

4 at least once every seven days in a manner designed to

5 prevent persons subject to inspection from predicting the

6 location of any such checkpoint.

7 AUTOMATION MODERNIZATION

8 For expenses for customs and border protection auto9 mated systems, $458,009,000, to remain available until

10 expended, of which not less than $321,690,000 shall be

11 for the development of the Automated Commercial Envi12 ronment: Provided, That none of the funds appropriated

13 under this heading may be obligated for the Automated

14 Commercial Environment until the Committees on Appro15 priations of the Senate and the House of Representatives

16 receive and approve a plan for expenditure prepared by

17 the Under Secretary for Border and Transportation Secu18 rity that—

19 (1) meets the capital planning and investment

20 control review requirements established by the Office

21 of Management and Budget, including Circular A–

22 11, part 7;

23 (2) complies with the Department of Homeland

24 Security’s enterprise information systems architec25 ture;
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1 (3) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition manage3 ment practices of the Federal Government;

4 (4) is reviewed and approved by the Depart5 ment of Homeland Security Investment Review

6 Board, the Secretary of Homeland Security, and the

7 Office of Management and Budget; and

8 (5) is reviewed by the Government Account9 ability Office.

10 AIR AND MARINE INTERDICTION, OPERATIONS,

11 MAINTENANCE, AND PROCUREMENT

12 For necessary expenses for the operations, mainte13 nance, and procurement of marine vessels, aircraft, and

14 other related equipment of the air and marine program,

15 including operational training and mission-related travel,

16 and rental payments for facilities occupied by the air or

17 marine interdiction and demand reduction programs, the

18 operations of which include the following: the interdiction

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

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

21 administration of laws enforced by the Department of

22 Homeland Security; and at the discretion of the Under

23 Secretary for Border and Transportation Security, the

24 provision of assistance to Federal, State, and local agen25 cies in other law enforcement and emergency humani26 tarian efforts, $347,780,000, to remain available until ex-
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1 pended: Provided, That no aircraft or other related equip2 ment, with the exception of aircraft that are one of a kind

3 and have been identified as excess to Bureau of Customs

4 and Border Protection requirements and aircraft that

5 have been damaged beyond repair, shall be transferred to

6 any other Federal agency, department, or office outside

7 of the Department of Homeland Security during fiscal

8 year 2006 without the prior approval of the Committees

9 on Appropriations of the Senate and the House of Rep10 resentatives.

11 CONSTRUCTION

12 For necessary expenses to plan, construct, renovate,

13 equip, and maintain buildings and facilities necessary for

14 the administration and enforcement of the laws relating

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

16 available until expended.

17 IMMIGRATION AND CUSTOMS ENFORCEMENT

18 SALARIES AND EXPENSES

19 For necessary expenses for enforcement of immigra20 tion and customs laws, detention and removals, and inves21 tigations; and purchase and lease of up to 2,300 (2,000

22 for replacement only) police-type vehicles, $3,064,081,000

23 (reduced by $5,000,000) (increased by $5,000,000), of

24 which not to exceed $10,000,000 shall be available until

25 expended for conducting special operations pursuant to

26 section 3131 of the Customs Enforcement Act of 1986 (19
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1 U.S.C. 2081); of which not to exceed $15,000 shall be for

2 official reception and representation expenses; of which

3 not to exceed $1,000,000 shall be for awards of compensa4 tion to informants, to be accounted for solely under the

5 certificate of the Under Secretary for Border and Trans6 portation Security; of which not less than $102,000 shall

7 be for promotion of public awareness of the child pornog8 raphy tipline; of which not less than $203,000 shall be

9 for Project Alert; of which not less than $5,000,000 shall

10 be for costs to implement section 287(g) of the Immigra11 tion and Nationality Act, as amended; and of which not

12 to exceed $11,216,000 shall be available to fund or reim13 burse other Federal agencies for the costs associated with

14 the care, maintenance, and repatriation of smuggled illegal

15 aliens: Provided, That none of the funds appropriated

16 shall be available to compensate any employee for overtime

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

18 the Under Secretary for Border and Transportation Secu19 rity may waive that amount as necessary for national secu20 rity purposes and in cases of immigration emergencies:

21 Provided further, That of the total amount provided,

22 $3,045,000 shall be for activities to enforce laws against

23 forced child labor in fiscal year 2006, of which not to ex24 ceed $2,000,000 shall remain available until expended:

25 Provided further, That of the amounts appropriated,
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1 $50,000,000 shall not be available for obligation until the

2 Assistant Secretary of Immigration and Customs Enforce3 ment submits to the Committee on Appropriations of the

4 House of Representatives a national detention manage5 ment plan including the use of regional detention con6 tracts and alternatives to detention: Provided further, That

7 the Assistant Secretary of Immigration and Customs En8 forcement, with concurrence of the Secretary of Homeland

9 Security, shall submit, by December 1, 2005, to the Com10 mittee on Appropriations of the House of Representatives

11 a plan for the expanded use of Immigration Enforcement

12 Agents to enforce administrative violations of United

13 States immigration laws.

14 FEDERAL AIR MARSHALS

15 For necessary expenses of the Federal Air Marshals,

16 $698,860,000, of which not to exceed $5,000,000 shall re17 main available until expended.

18 FEDERAL PROTECTIVE SERVICE

19 The revenues and collections of security fees credited

20 to this account, not to exceed $487,000,000, shall be avail21 able until expended for necessary expenses related to the

22 protection of federally-owned and leased buildings and for

23 the operations of the Federal Protective Service.

24 AUTOMATION MODERNIZATION

25 For expenses of immigration and customs enforce26 ment automated systems, $40,150,000, to remain avail-
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1 able until expended: Provided, That none of the funds ap2 propriated under this heading may be obligated until the

3 Committees on Appropriations of the Senate and the

4 House of Representatives receive and approve a plan for

5 expenditure prepared by the Under Secretary for Border

6 and Transportation Security that—

7 (1) meets the capital planning and investment

8 control review requirements established by the Office

9 of Management and Budget, including Circular A–

10 11, part 7;

11 (2) complies with the Department of Homeland

12 Security enterprise information systems architecture;

13 (3) complies with the acquisition rules, require14 ments, guidelines, and systems acquisition manage15 ment practices of the Federal Government;

16 (4) is reviewed and approved by the Depart17 ment of Homeland Security Investment Review

18 Board, the Secretary of Homeland Security, and the

19 Office of Management and Budget; and

20 (5) is reviewed by the Government Account21 ability Office.

22 CONSTRUCTION

23 For necessary expenses to plan, construct, renovate,

24 equip, and maintain buildings and facilities necessary for

25 the administration and enforcement of the laws relating
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1 to customs and immigration, $26,546,000, to remain

2 available until expended.

3 TRANSPORTATION SECURITY ADMINISTRATION

4 AVIATION SECURITY

5 For necessary expenses of the Transportation Secu6 rity Administration related to providing aviation security,

7 $4,591,612,000, to remain available until September 30,

8 2007, of which not to exceed $3,000 shall be available for

9 official reception and representation expenses: Provided,

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

11 to exceed $3,608,599,000 shall be for screening oper12 ations, of which $170,000,000 shall be available only for

13 procurement of checked baggage explosive detection sys14 tems and $75,000,000 shall be available only for installa15 tion of checked baggage explosive detection systems; and

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

17 direction and enforcement presence: Provided further,

18 That security service fees authorized under section 44940

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

20 appropriation as offsetting collections: Provided further,

21 That the sum herein appropriated from the General Fund

22 shall be reduced on a dollar-for-dollar basis as such offset23 ting collections are received during fiscal year 2006, so

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

25 General Fund estimated at not more than
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1 $2,601,612,000: Provided further, That any security serv2 ice fees collected in excess of the amount appropriated

3 under this heading shall become available during fiscal

4 year 2007: Provided further, That none of the funds in

5 this Act shall be used to recruit or hire personnel into the

6 Transportation Security Administration which would

7 cause the agency to exceed a staffing level of 45,000 full8 time equivalent screeners.

9 SURFACE TRANSPORTATION SECURITY

10 For necessary expenses of the Transportation Secu11 rity Administration related to providing surface transpor12 tation security activities, $36,000,000, to remain available

13 until September 30, 2007.

14 TRANSPORTATION VETTING AND CREDENTIALING

15 For necessary expenses for the development and im16 plementation of screening programs by the Office of

17 Transportation Vetting and Credentialing, $84,294,000.

18 TRANSPORTATION SECURITY SUPPORT

19 For necessary expenses of the Transportation Secu20 rity Administration related to providing transportation se21 curity support and intelligence activities, $541,008,000, to

22 remain available until September 30, 2007: Provided,

23 That of the funds appropriated under this heading,

24 $50,000,000 may not be obligated until the Secretary sub25 mits to the Committee on Appropriations of the House

26 of Representatives: (1) a plan for optimally deploying ex-
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1 plosive detection equipment, either in-line or to replace ex2 plosive trace detection machines, at the Nation’s airports

3 on a priority basis to enhance security, reduce Transpor4 tation Security Administration staffing requirements, and

5 long-term costs; and (2) a detailed spend plan for explo6 sive detection systems procurement and installations on an

7 airport-by-airport basis for fiscal year 2006: Provided fur8 ther, That these plans shall be submitted no later than

9 60 days after enactment of this Act.

10 UNITED STATES COAST GUARD

11 OPERATING EXPENSES

12 For necessary expenses for the operation and mainte13 nance of the Coast Guard not otherwise provided for, pur14 chase or lease of not to exceed 25 passenger motor vehicles

15 for replacement only, payments pursuant to section 156

16 of Public Law 97–377 (42 U.S.C. 402 note), and recre17 ation and welfare, $5,500,000,000, of which

18 $1,200,000,000 shall be for defense-related activities; of

19 which $24,500,000 shall be derived from the Oil Spill Li20 ability Trust Fund to carry out the purposes of section

21 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.

22 2712(a)(5)); and of which not to exceed $3,000 shall be

23 for official reception and representation expenses: Pro24 vided, That none of the funds appropriated by this or any

25 other Act shall be available for administrative expenses in
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1 connection with shipping commissioners in the United

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

3 by this Act shall be available for expenses incurred for

4 yacht documentation under section 12109 of title 46,

5 United States Code, except to the extent fees are collected

6 from yacht owners and credited to this appropriation.

7 ENVIRONMENTAL COMPLIANCE AND RESTORATION

8 For necessary expenses to carry out the Coast

9 Guard’s environmental compliance and restoration func10 tions under chapter 19 of title 14, United States Code,

11 $12,000,000, to remain available until expended.

12 RESERVE TRAINING

13 For necessary expenses of the Coast Guard Reserve,

14 as authorized by law; operations and maintenance of the

15 reserve program; personnel and training costs; and equip16 ment and services; $119,000,000.

17 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

18 For necessary expenses of acquisition, construction,

19 renovation, and improvement of aids to navigation, shore

20 facilities, vessels, and aircraft, including equipment related

21 thereto; and maintenance, rehabilitation, lease and oper22 ation of facilities and equipment, as authorized by law,

23 $798,152,000, of which $20,000,000 shall be derived from

24 the Oil Spill Liability Trust Fund to carry out the pur25 poses of section 1012(a)(5) of the Oil Pollution Act of

26 1990 (33 U.S.C. 2712(a)(5)); of which $22,000,000 shall
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1 be available until September 30, 2010, to acquire, repair,

2 renovate, or improve vessels, small boats, and related

3 equipment; of which $29,902,000 shall be available until

4 September 30, 2010, to increase aviation capability; of

5 which $130,100,000 shall be available until September 30,

6 2008, for other equipment; of which $39,700,000 shall be

7 available until September 30, 2008, for shore facilities and

8 aids to navigation facilities; of which $76,450,000 shall

9 be available for personnel compensation and benefits and

10 related costs; and of which $500,000,000 shall be available

11 until September 30, 2010, for the Integrated Deepwater

12 Systems program: Provided, That the Commandant of the

13 Coast Guard is authorized to dispose of surplus real prop14 erty, by sale or lease, and the proceeds shall be credited

15 to this appropriation as offsetting collections and shall be

16 available until September 30, 2008, only for Rescue 21:

17 Provided further, That of the funds appropriated under

18 this heading for the Integrated Deepwater System,

19 $50,000,000 may not be obligated until the Committee on

20 Appropriations of the House of Representatives receives

21 from the Secretary of Homeland Security a new Deep22 water program baseline that reflects revised, post Sep23 tember 11th operational priorities that includes—

24 (1) a detailed justification for each new Deep25 water asset that is determined to be necessary to
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1 fulfill homeland and national security functions or

2 multi-agency procurements as identified by the Joint

3 Requirements Council;

4 (2) a comprehensive timeline for the entire

5 Deepwater program, including an asset-by-asset

6 breakdown, aligned with the comprehensive acquisi7 tion timeline and revised mission needs statement,

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

9 the phase-in of new, replacement assets on an an10 nual basis;

11 (3) a comparison of the revised acquisition

12 timeline against the original Deepwater timeline;

13 (4) an aggregate total cost of the program that

14 aligns with the revised mission needs statement, ac15 quisition timeline and asset-by-asset breakdown;

16 (5) a detailed projection of the remaining oper17 ational lifespan of every type of legacy cutter and

18 aircraft; and

19 (6) a detailed progress report on command,

20 control, communications, computers, intelligence,

21 surveillance, and reconnaissance equipment upgrades

22 that includes what has been installed currently on

23 operational assets and when such equipment will be

24 installed on all remaining Deepwater legacy assets:

25 Provided further, That the Secretary shall annually
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1 submit to the Committee on Appropriations of the

2 House of Representatives, at the time that the

3 President’s budget is submitted under section

4 1105(a) of title 31, a future-years capital investment

5 plan for the Coast Guard that identifies for each

6 capital budget line item—

7 (1) the proposed appropriation included in

8 that budget;

9 (2) the total estimated cost of completion;

10 (3) projected funding levels for each fiscal

11 year for the next 5 fiscal years or until project

12 completion, whichever is earlier;

13 (4) an estimated completion date at the

14 projected funding levels; and

15 (5) changes, if any, in the total estimated

16 cost of completion or estimated completion date

17 from previous future-years capital investment

18 plans submitted to the Committee on Appro19 priations of the House of Representatives:

20 Provided further, That the Secretary shall ensure that

21 amounts specified in the future-years capital investment

22 plan are consistent to the maximum extent practicable

23 with proposed appropriations necessary to support the

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

25 the President’s budget as submitted under section 1105(a)
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1 of title 31 for that fiscal year: Provided further, That any

2 inconsistencies between the capital investment plan and

3 proposed appropriations shall be identified and justified.

4 ALTERATION OF BRIDGES

5 For necessary expenses for alteration or removal of

6 obstructive bridges, $15,000,000, to remain available until

7 expended.

8 RETIRED PAY

9 For retired pay, including the payment of obligations

10 otherwise chargeable to lapsed appropriations for this pur11 pose, payments under the Retired Serviceman’s Family

12 Protection and Survivor Benefits Plans, payment for ca13 reer status bonuses, concurrent receipts and combat-re14 lated special compensation under the National Defense

15 Authorization Act, and payments for medical care of re16 tired personnel and their dependents under chapter 55 of

17 title 10, United States Code, $1,014,080,000.

18 UNITED STATES SECRET SERVICE

19 SALARIES AND EXPENSES

20 For necessary expenses of the United States Secret

21 Service, including purchase of not to exceed 614 vehicles

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

23 and hire of passenger motor vehicles; purchase of Amer24 ican-made motorcycles; hire of aircraft; services of expert

25 witnesses at such rates as may be determined by the Di26 rector; rental of buildings in the District of Columbia, and
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1 fencing, lighting, guard booths, and other facilities on pri2 vate or other property not in Government ownership or

3 control, as may be necessary to perform protective func4 tions; payment of per diem or subsistence allowances to

5 employees where a protective assignment during the actual

6 day or days of the visit of a protectee requires an employee

7 to work 16 hours per day or to remain overnight at his

8 or her post of duty; conduct of and participation in fire9 arms matches; presentation of awards; travel of Secret

10 Service employees on protective missions without regard

11 to the limitations on such expenditures in this or any other

12 Act if approval is obtained in advance from the Commit13 tees on Appropriations of the Senate and the House of

14 Representatives; research and development; grants to con15 duct behavioral research in support of protective research

16 and operations; and payment in advance for commercial

17 accommodations as may be necessary to perform protec18 tive functions; $1,228,981,000, of which not to exceed

19 $25,000 shall be for official reception and representation

20 expenses; of which not to exceed $100,000 shall be to pro21 vide technical assistance and equipment to foreign law en22 forcement organizations in counterfeit investigations; of

23 which $2,678,000 shall be for forensic and related support

24 of investigations of missing and exploited children; and of

25 which $5,000,000 shall be a grant for activities related
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1 to the investigations of exploited children and shall remain

2 available until expended: Provided, That up to

3 $18,000,000 provided for protective travel shall remain

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

5 of the total amount appropriated, not less than

6 $10,000,000 shall be available solely for the unanticipated

7 costs related to security operations for National Special

8 Security Events, to remain available until September 30,

9 2007: Provided further, That the United States Secret

10 Service is authorized to obligate funds in anticipation of

11 reimbursements from agencies and entities, as defined in

12 section 105 of title 5, United States Code, receiving train13 ing sponsored by the James J. Rowley Training Center,

14 except that total obligations at the end of the fiscal year

15 shall not exceed total budgetary resources available under

16 this heading at the end of the fiscal year.

17 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

18 RELATED EXPENSES

19 For necessary expenses for acquisition, construction,

20 repair, alteration, and improvement of facilities,

21 $3,699,000, to remain available until expended.
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1 TITLE III—PREPAREDNESS AND RECOVERY

2 OFFICE OF STATE AND LOCAL GOVERNMENT

3 COORDINATION AND PREPAREDNESS

4 MANAGEMENT AND ADMINISTRATION

5 For necessary expenses for the Office of State and

6 Local Government Coordination and Preparedness,

7 $3,546,000: Provided, That not to exceed $2,000 shall be

8 for official reception and representation expenses.

9 STATE AND LOCAL PROGRAMS

10 For grants, contracts, cooperative agreements, and

11 other activities, including grants to State and local govern12 ments for terrorism prevention activities, notwithstanding

13 any other provision of law, $2,781,300,000 (increased by

14 $100,000) (increased by $50,000,000), which shall be allo15 cated as follows:

16 (1) $750,000,000 for formula-based grants and

17 $400,000,000 for law enforcement terrorism preven18 tion grants pursuant to section 1014 of the USA

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

20 the application for grants shall be made available to

21 States within 45 days after enactment of this Act;

22 that States shall submit applications within 90 days

23 after the grant announcement; and that the Office

24 of State and Local Government Coordination and

25 Preparedness shall act within 90 days after receipt

26 of an application: Provided further, That no less
27

•HR 2360 EH

1 than 80 percent of any grant under this paragraph

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

3 local governments within 60 days after the receipt of

4 the funds.

5 (2) $1,215,000,000 for discretionary grants, as

6 determined by the Secretary of Homeland Security,

7 of which—

8 (A) $850,000,000 shall be for use in high9 threat, high-density urban areas;

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

11 grants, which shall be distributed based on

12 risks and vulnerabilities: Provided, That the Of13 fice of State and Local Government Coordina14 tion and Preparedness shall work with the In15 formation Analysis and Infrastructure Protec16 tion Directorate to assess the risk associated

17 with each port and with the Coast Guard to

18 evaluate the vulnerability of each port: Provided

19 further, That funding may only be made avail20 able to those projects recommended by the

21 Coast Guard Captain of the Port;

22 (C) $5,000,000 shall be for trucking indus23 try security grants;

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

25 security grants;
28

•HR 2360 EH

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

2 passenger rail transportation (as defined in sec3 tion 24102 of title 49, United States Code),

4 freight rail, and transit security grants; and

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

6 protection grants:

7 Provided, That for grants under subparagraph (A),

8 the application for grants shall be made available to

9 States within 45 days after enactment of this Act;

10 that States shall submit applications within 90 days

11 after the grant announcement; and that the Office

12 of State and Local Government Coordination and

13 Preparedness shall act within 90 days after receipt

14 of an application: Provided further, That no less

15 than 80 percent of any grant under this paragraph

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

17 local governments within 60 days after the receipt of

18 the funds.

19 (3) $50,000,000 shall be available for the Com20 mercial Equipment Direct Assistance Program.

21 (4) $366,300,000 for training, exercises, tech22 nical assistance, and other programs:

23 Provided, That none of the grants provided under this

24 heading shall be used for the construction or renovation

25 of facilities; for minor perimeter security projects, not to
29

•HR 2360 EH

1 exceed $1,000,000, as determined necessary by the Sec2 retary of Homeland Security: Provided further, That the

3 proceeding proviso shall not apply to grants under sub4 paragraphs (B) and (E) of paragraph (2) of this heading:

5 Provided further, That grantees shall provide additional

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

7 the Secretary of Homeland Security: Provided further,

8 That funds appropriated for law enforcement terrorism

9 prevention grants under paragraph (1) and discretionary

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

11 available for operational costs, to include personnel over12 time and overtime associated with Office of State and

13 Local Government Coordination and Preparedness cer14 tified training, as needed: Provided further, That in ac15 cordance with the Department’s implementation plan for

16 Homeland Security Presidential Directive 8, the Office of

17 State and Local Government Coordination and Prepared18 ness shall issue the final National Preparedness Goal no

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

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

21 have not submitted to the Office of State and Local Gov22 ernment Coordination and Preparedness an updated State

23 homeland strategy based on the interim National Pre24 paredness Goal, dated March 31, 2005.
30

•HR 2360 EH

1 FIREFIGHTER ASSISTANCE GRANTS

2 For necessary expenses for programs authorized by

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

4 U.S.C. 2201 et seq.), $600,000,000 (increased by

5 $50,000,000), of which $550,000,000 (increased by

6 $25,000,000) shall be available to carry out section 33 (15

7 U.S.C. 2229) and $50,000,000 (increased by

8 $25,000,000) shall be available to carry out section 34 (15

9 U.S.C. 2229a) of the Act, to remain available until Sep10 tember 30, 2007: Provided, That not to exceed 5 percent

11 of this amount shall be available for program administra12 tion.

13 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

14 For necessary expenses for emergency management

15 performance grants, as authorized by the National Flood

16 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob17 ert T. Stafford Disaster Relief and Emergency Assistance

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

19 Reductions Act of 1977 (42 U.S.C. 7701 et seq.), and Re20 organization Plan No. 3 of 1978 (5 U.S.C. App.),

21 $180,000,000: Provided, That total administrative costs

22 shall not exceed 3 percent of the total appropriation.

23 COUNTERTERRORISM FUND

24 For necessary expenses, as determined by the Sec25 retary of Homeland Security, to reimburse any Federal

26 agency for the costs of providing support to counter, inves-
31

•HR 2360 EH

1 tigate, or respond to unexpected threats or acts of ter2 rorism, including payment of rewards in connection with

3 these activities, $10,000,000, to remain available until ex4 pended: Provided, That the Secretary shall notify the

5 Committees on Appropriations of the Senate and the

6 House of Representatives 15 days prior to the obligation

7 of any amount of these funds in accordance with section

8 503 of this Act.

9 EMERGENCY PREPAREDNESS AND RESPONSE

10 OFFICE OF THE UNDER SECRETARY FOR EMERGENCY

11 PREPAREDNESS AND RESPONSE

12 For necessary expenses for the Office of the Under

13 Secretary for Emergency Preparedness and Response, as

14 authorized by section 502 of the Homeland Security Act

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

16 PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

17 For necessary expenses for preparedness, mitigation,

18 response, and recovery activities of the Directorate of

19 Emergency Preparedness and Response, $249,499,000,

20 including activities authorized by the National Flood In21 surance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert

22 T. Stafford Disaster Relief and Emergency Assistance Act

23 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc24 tion Act of 1977 (42 U.S.C. 7701 et seq.), the Federal

25 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201

26 et seq.), the Defense Production Act of 1950 (50 U.S.C.
32

•HR 2360 EH

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

2 Security Act of 1947 (50 U.S.C. 404, 405), Reorganiza3 tion Plan No. 3 of 1978 (5 U.S.C. App.), and the Home4 land Security Act of 2002 (6 U.S.C. 101 et seq.).

5 ADMINISTRATIVE AND REGIONAL OPERATIONS

6 For necessary expenses for administrative and re7 gional operations of the Directorate of Emergency Pre8 paredness and Response, $225,441,000, including activi9 ties authorized by the National Flood Insurance Act of

10 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford

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

12 5121 et seq.), the Earthquake Hazards Reduction Act of

13 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Preven14 tion and Control Act of 1974 (15 U.S.C. 2201 et seq.),

15 the Defense Production Act of 1950 (50 U.S.C. App. 2061

16 et seq.), sections 107 and 303 of the National Security

17 Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan

18 No. 3 of 1978 (5 U.S.C. App.), and the Homeland Secu19 rity Act of 2002 (6 U.S.C. 101 et seq.): Provided, That

20 not to exceed $3,000 shall be for official reception and

21 representation expenses.

22 PUBLIC HEALTH PROGRAMS

23 For necessary expenses for countering potential bio24 logical, disease, and chemical threats to civilian popu25 lations, $34,000,000.
33

•HR 2360 EH

1 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

2 The aggregate charges assessed during fiscal year

3 2006, as authorized in title III of the Departments of Vet4 erans Affairs and Housing and Urban Development, and

5 Independent Agencies Appropriations Act, 1999 (42

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

7 amounts anticipated by the Department of Homeland Se8 curity necessary for its radiological emergency prepared9 ness program for the next fiscal year: Provided, That the

10 methodology for assessment and collection of fees shall be

11 fair and equitable and shall reflect costs of providing such

12 services, including administrative costs of collecting such

13 fees: Provided further, That fees received under this head14 ing shall be deposited in this account as offsetting collec15 tions and will become available for authorized purposes on

16 October 1, 2006, and remain available until expended.

17 DISASTER RELIEF

18 For necessary expenses in carrying out the Robert

19 T. Stafford Disaster Relief and Emergency Assistance Act

20 (42 U.S.C. 5121 et seq.), $2,023,900,000 (reduced by

21 $23,900,000), to remain available until expended.

22 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

23 For administrative expenses to carry out the direct

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

25 T. Stafford Disaster Relief and Emergency Assistance Act

26 (42 U.S.C. 5162), $567,000: Provided, That gross obliga-
34

•HR 2360 EH

1 tions for the principal amount of direct loans shall not

2 exceed $25,000,000: Provided further, That the cost of

3 modifying such loans shall be as defined in section 502

4 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).

5 FLOOD MAP MODERNIZATION FUND

6 For necessary expenses pursuant to section 1360 of

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

8 4101), $200,000,000, and such additional sums as may

9 be provided by State and local governments or other polit10 ical subdivisions for cost-shared mapping activities under

11 section 1360(f)(2) of such Act, to remain available until

12 expended: Provided, That total administrative costs shall

13 not exceed 3 percent of the total appropriation.

14 NATIONAL FLOOD INSURANCE FUND

15 (INCLUDING TRANSFER OF FUNDS)

16 For activities under the National Flood Insurance

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

18 $36,496,000 for salaries and expenses associated with

19 flood mitigation and flood insurance operations; not to ex20 ceed $40,000,000 for financial assistance under section

21 1361A of such Act to States and communities for taking

22 actions under such section with respect to severe repetitive

23 loss properties, to remain available until expended; not to

24 exceed $10,000,000 for mitigation actions under section

25 1323 of such Act; and not to exceed $99,358,000 for flood

26 hazard mitigation, to remain available until September 30,
35

•HR 2360 EH

1 2007, including up to $40,000,000 for expenses under sec2 tion 1366 of the National Flood Insurance Act of 1968

3 (42 U.S.C. 4104c), which amount shall be available for

4 transfer to the National Flood Mitigation Fund until Sep5 tember 30, 2007, and which amount shall be derived from

6 offsetting collections assessed and collected pursuant to

7 section 1307 of that Act (42 U.S.C. 4014), and shall be

8 retained and used for necessary expenses under this head9 ing: Provided, That in fiscal year 2006, no funds in excess

10 of: (1) $55,000,000 for operating expenses; (2)

11 $660,148,000 for agents’ commissions and taxes; and (3)

12 $30,000,000 for interest on Treasury borrowings shall be

13 available from the National Flood Insurance Fund.

14 NATIONAL FLOOD MITIGATION FUND

15 Notwithstanding subparagraphs (B) and (C) of sub16 section (b)(3), and subsection (f), of section 1366 of the

17 National Flood Insurance Act of 1968 (42 U.S.C. 4104c),

18 $40,000,000, to remain available until September 30,

19 2007, for activities designed to reduce the risk of flood

20 damage to structures pursuant to such Act, of which

21 $40,000,000 shall be derived from the National Flood In22 surance Fund.

23 NATIONAL PRE-DISASTER MITIGATION FUND

24 For a pre-disaster mitigation grant program pursu25 ant to title II of the Robert T. Stafford Disaster Relief

26 and Emergency Assistance Act (42 U.S.C. 5131 et seq.),
36

•HR 2360 EH

1 $150,000,000, to remain available until expended: Pro2 vided, That grants made for pre-disaster mitigation shall

3 be awarded on a competitive basis subject to the criteria

4 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro5 vided further, That total administrative costs shall not ex6 ceed 3 percent of the total appropriation.

7 EMERGENCY FOOD AND SHELTER

8 To carry out an emergency food and shelter program

9 pursuant to title III of the Stewart B. McKinney Home10 less Assistance Act (42 U.S.C. 11331 et seq.),

11 $153,000,000, to remain available until expended: Pro12 vided, That total administrative costs shall not exceed 3.5

13 percent of the total appropriation.

14 TITLE IV—RESEARCH AND DEVELOPMENT,

15 TRAINING, ASSESSMENTS, AND SERVICES

16 CITIZENSHIP AND IMMIGRATION SERVICES

17 For necessary expenses for citizenship and immigra18 tion services, $120,000,000: Provided, That the Director

19 of United States Citizenship and Immigration Services

20 shall submit to the Committee on Appropriations of the

21 House of Representatives a report on its information tech22 nology transformation efforts and how these efforts align

23 with the enterprise architecture standards of the Depart24 ment of Homeland Security within 90 days of enactment

25 of this Act.
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•HR 2360 EH

1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, including materials and support

5 costs of Federal law enforcement basic training; purchase

6 of not to exceed 117 vehicles for police-type use and hire

7 of passenger motor vehicles; expenses for student athletic

8 and related activities; the conduct of and participation in

9 firearms matches and presentation of awards; public

10 awareness and enhancement of community support of law

11 enforcement training; room and board for student interns;

12 a flat monthly reimbursement to employees authorized to

13 use personal mobile phones for official duties; and services

14 as authorized by section 3109 of title 5, United States

15 Code; $194,000,000, of which up to $36,174,000 for ma16 terials and support costs of Federal law enforcement basic

17 training shall remain available until September 30, 2007;

18 and of which not to exceed $12,000 shall be for official

19 reception and representation expenses: Provided, That the

20 Center is authorized to obligate funds in anticipation of

21 reimbursements from agencies receiving training spon22 sored by the Center, except that total obligations at the

23 end of the fiscal year shall not exceed total budgetary re24 sources available at the end of the fiscal year: Provided

25 further, That in fiscal year 2006 and thereafter, the Cen-
38

•HR 2360 EH

1 ter is authorized to assess pecuniary liability against Cen2 ter employees and students for losses or destruction of

3 government property due to gross negligence or willful

4 misconduct and to set off any resulting debts due the

5 United States by Center employees and students, without

6 their consent, against current payments due the employees

7 and students for their services.

8 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

9 RELATED EXPENSES

10 For acquisition of necessary additional real property

11 and facilities, construction, and ongoing maintenance, fa12 cility improvements, and related expenses of the Federal

13 Law Enforcement Training Center, $64,743,000, to re14 main available until expended: Provided, That the Center

15 is authorized to accept reimbursement to this appropria16 tion from government agencies requesting the construction

17 of special use facilities.

18 INFORMATION ANALYSIS AND INFRASTRUCTURE

19 PROTECTION

20 MANAGEMENT AND ADMINISTRATION

21 For salaries and expenses of the immediate Office of

22 the Under Secretary for Information Analysis and Infra23 structure Protection and for management and administra24 tion of programs and activities, as authorized by title II

25 of the Homeland Security Act of 2002 (6 U.S.C. 121 et
39

•HR 2360 EH

1 seq.), $198,200,000: Provided, That not to exceed $5,000

2 shall be for official reception and representation expenses.

3 ASSESSMENTS AND EVALUATIONS

4 For necessary expenses for information analysis and

5 infrastructure protection as authorized by title II of the

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

7 $663,240,000, to remain available until September 30,

8 2007.

9 SCIENCE AND TECHNOLOGY

10 MANAGEMENT AND ADMINISTRATION

11 For salaries and expenses of the immediate Office of

12 the Under Secretary for Science and Technology and for

13 management and administration of programs and activi14 ties, as authorized by title III of the Homeland Security

15 Act of 2002 (6 U.S.C. 181 et seq.), $81,399,000: Pro16 vided, That not to exceed $3,000 shall be for official recep17 tion and representation expenses.

18 RESEARCH, DEVELOPMENT, ACQUISITION AND

19 OPERATIONS

20 For necessary expenses for science and technology re21 search, including advanced research projects; development;

22 test and evaluation; acquisition; and operations; as author23 ized by title III of the Homeland Security Act of 2002

24 (6 U.S.C. 181 et seq.), $1,258,597,000, to remain avail25 able until expended: Provided, That of the total amount

26 provided under this heading, $23,000,000 is available to
40

•HR 2360 EH

1 find an alternative site for the National Bio and

2 Agrodefense Laboratory and other pre-construction activi3 ties to establish research labs to protect animal and public

4 health from high consequence animal and zoonotic dis5 eases, in support of the requirements of Homeland Secu6 rity Presidential Directives 9 and 10: Provided further,

7 That of the total amount provided under this heading,

8 $10,000,000 shall be used to enhance activities toward im9 plementation of section 313 of the Homeland Security Act

10 of 2002 (6 U.S.C. 193).

11 TITLE V—GENERAL PROVISIONS

12 (INCLUDING RESCISSION OF FUNDS)

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

14 this Act shall remain available for obligation beyond the

15 current fiscal year unless expressly so provided herein.

16 SEC. 502. Subject to the requirements of section 503

17 of this Act, the unexpended balances of prior appropria18 tions provided for activities in this Act may be transferred

19 to appropriation accounts for such activities established

20 pursuant to this Act: Provided, That balances so trans21 ferred may be merged with funds in the applicable estab22 lished accounts and thereafter may be accounted for as

23 one fund for the same time period as originally enacted.

24 SEC. 503. (a) None of the funds provided by this Act,

25 provided by previous appropriations Acts to the agencies
41

•HR 2360 EH

1 in or transferred to the Department of Homeland Security

2 that remain available for obligation or expenditure in fiscal

3 year 2006, or provided from any accounts in the Treasury

4 of the United States derived by the collection of fees avail5 able to the agencies funded by this Act, shall be available

6 for obligation or expenditure through a reprogramming of

7 funds that: (1) creates a new program; (2) eliminates a

8 program, project, or activity; (3) increases funds for any

9 program, project, or activity for which funds have been

10 denied or restricted by the Congress; (4) proposes to use

11 funds directed for a specific activity by either the House

12 or Senate Committees on Appropriations for a different

13 purpose; or (5) contracts out any functions or activities

14 for which funds have been appropriated for Federal full15 time equivalent positions; unless the Committees on Ap16 propriations of the Senate and the House of Representa17 tives are notified 15 days in advance of such reprogram18 ming of funds.

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

20 by previous appropriation Acts to the agencies in or trans21 ferred to the Department of Homeland Security that re22 main available for obligation or expenditure in fiscal year

23 2006, or provided from any accounts in the Treasury of

24 the United States derived by the collection of fees available

25 to the agencies funded by this Act, shall be available for
42

•HR 2360 EH

1 obligation or expenditure for programs, projects, or activi2 ties through a reprogramming of funds in excess of

3 $5,000,000 or 10 percent, whichever is less, that: (1) aug4 ments existing programs, projects, or activities; (2) re5 duces by 10 percent funding for any existing program,

6 project, or activity, or numbers of personnel by 10 percent

7 as approved by the Congress; or (3) results from any gen8 eral savings from a reduction in personnel that would re9 sult in a change in existing programs, projects, or activi10 ties as approved by the Congress; unless the Committees

11 on Appropriations of the Senate and the House of Rep12 resentatives are notified 15 days in advance of such re13 programming of funds.

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

15 made available for the current fiscal year for the Depart16 ment of Homeland Security by this Act or provided by

17 previous appropriations Acts may be transferred between

18 such appropriations, but no such appropriations, except

19 as otherwise specifically provided, shall be increased by

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

21 any transfer under this subsection shall be treated as a

22 reprogramming of funds under subsection (b) of this sec23 tion and shall not be available for obligation unless the

24 Committees on Appropriations of the Senate and the
43

•HR 2360 EH

1 House of Representatives are notified 15 days in advance

2 of such transfer.

3 (d) The Department shall submit all notifications

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

5 no later than June 30, except in extraordinary cir6 cumstances which imminently threaten the safety of

7 human life or the protection of property.

8 SEC. 504. Except as otherwise specifically provided

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

10 remaining available at the end of fiscal year 2006 from

11 appropriations for salaries and expenses for fiscal year

12 2006 in this Act shall remain available through September

13 30, 2007, in the account and for the purposes for which

14 the appropriations were provided: Provided, That prior to

15 the obligation of such funds, a request shall be submitted

16 to the Committees on Appropriations of the Senate and

17 the House of Representatives for approval in accordance

18 with section 503 of this Act.

19 SEC. 505. Funds made available by this Act for intel20 ligence activities are deemed to be specifically authorized

21 by the Congress for purposes of section 504 of the Na22 tional Security Act of 1947 (50 U.S.C. 414) during fiscal

23 year 2006 until the enactment of an Act authorizing intel24 ligence activities for fiscal year 2006.
44

•HR 2360 EH

1 SEC. 506. The Federal Law Enforcement Training

2 Center shall establish an accrediting body, to include rep3 resentatives from the Federal law enforcement community

4 and non-Federal accreditation experts involved in law en5 forcement training, to establish standards for measuring

6 and assessing the quality and effectiveness of Federal law

7 enforcement training programs, facilities, and instructors.

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

9 to make a grant allocation, discretionary grant award, dis10 cretionary contract award, or to issue a letter of intent

11 totaling in excess of $1,000,000 unless the Secretary of

12 Homeland Security notifies the Committees on Appropria13 tions of the Senate and House of Representatives at least

14 3 full business days in advance: Provided, That no notifi15 cation shall involve funds that are not available for obliga16 tion.

17 SEC. 508. Notwithstanding any other provision of

18 law, no agency shall purchase, construct, or lease any ad19 ditional facilities, except within or contiguous to existing

20 locations, to be used for the purpose of conducting Federal

21 law enforcement training without the advance approval of

22 the Committees on Appropriations of the Senate and the

23 House of Representatives, except that the Federal Law

24 Enforcement Training Center is authorized to obtain the

25 temporary use of additional facilities by lease, contract,
45

•HR 2360 EH

1 or other agreement for training which cannot be accommo2 dated in existing Center facilities.

3 SEC. 509. The Director of the Federal Law Enforce4 ment Training Center (FLETC) shall schedule basic and/

5 or advanced law enforcement training at all four training

6 facilities under FLETC’s control to ensure that these

7 training centers are operated at the highest capacity

8 throughout the fiscal year.

9 SEC. 510. None of the funds appropriated or other10 wise made available by this Act may be used for expenses

11 of any construction, repair, alteration, or acquisition

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

13 Buildings Act of 1959, has not been approved, except that

14 necessary funds may be expended for each project for re15 quired expenses for the development of a proposed pro16 spectus.

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

18 in contravention of the applicable provisions of the Buy

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

20 SEC. 512. Funding for the Transportation Security

21 Administration’s Office of Transportation Security Sup22 port, Office of the Administrator, shall be reduced by

23 $100,000 per day for each day after enactment of this

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

25 108–334 has not been implemented.
46

•HR 2360 EH

1 SEC. 513. The Commandant of the Coast Guard shall

2 provide to the Committee on Appropriations of the House

3 of Representatives each year, at the time that the Presi4 dent’s budget is submitted under section 1105(a) of title

5 31, United States Code, a list of approved but unfunded

6 Coast Guard priorities and the funds needed for each such

7 priority in the same manner and with the same contents

8 as the unfunded priorities lists submitted by the chiefs of

9 other Armed Services.

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

11 United States Code, beginning in fiscal year 2006 and

12 thereafter, the Administrator of the Transportation Secu13 rity Administration may impose a reasonable charge for

14 the lease of real and personal property to Transportation

15 Security Administration employees and for use by Trans16 portation Security Administration employees and may

17 credit amounts received to the appropriation or fund ini18 tially charged for operating and maintaining the property,

19 which amounts shall be available, without fiscal year limi20 tation, for expenditure for property management, oper21 ation, protection, construction, repair, alteration, and re22 lated activities.

23 SEC. 515. Beginning in fiscal year 2006 and there24 after, the acquisition management system of the Trans25 portation Security Administration shall apply to the acqui-
47

•HR 2360 EH

1 sition of services, as well as equipment, supplies, and ma2 terials.

3 SEC. 516. Notwithstanding any other provision of

4 law, the authority of the Office of Personnel Management

5 to conduct personnel security and suitability background

6 investigations, update investigations, and periodic reinves7 tigations of applicants for, or appointees in, positions in

8 the Office of the Secretary and Executive Management,

9 the Office of the Under Secretary for Management, the

10 Bureau of Immigration and Customs Enforcement, the

11 Directorate of Science and Technology, and the Direc12 torate of Information Analysis and Infrastructure Protec13 tion of the Department of Homeland Security is trans14 ferred to the Department of Homeland Security: Provided,

15 That on request of the Department of Homeland Security,

16 the Office of Personnel Management shall cooperate with

17 and assist the Department in any investigation or reinves18 tigation under this section: Provided further, That this sec19 tion shall cease to be effective at such time as the Presi20 dent has selected a single agency to conduct security clear21 ance investigations pursuant to section 3001(c) of the In22 telligence Reform and Terrorism Prevention Act of 2004

23 (Public Law 108–458; 50 U.S.C. 435b) and the entity se24 lected under section 3001(b) of such Act has reported to

25 Congress that the agency selected pursuant to such section
48

•HR 2360 EH

1 3001(c) is capable of conducting all necessary investiga2 tions in a timely manner or has authorized the entities

3 within the Department of Homeland Security covered by

4 this section to conduct their own investigations pursuant

5 to section 3001 of such Act.

6 SEC. 517. Notwithstanding any other provision of

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

8 the State and Local Programs heading under title III of

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

10 United States Code.

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

12 previous appropriations Acts may be obligated for deploy13 ment or implementation, on other than a test basis, of the

14 Secure Flight program or any other follow on or successor

15 passenger prescreening programs, until the Secretary of

16 Homeland Security certifies, and the Government Ac17 countability Office (GAO) reports, to the Committees on

18 Appropriations of the Senate and the House of Represent19 atives, that all ten of the elements contained in paragraphs

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

21 334 have been successfully met.

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

23 submitted within 90 days after the certification required

24 by such subsection is provided, and periodically thereafter,
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1 if necessary, until the Government Accountability Office

2 confirms that all ten elements have been successfully met.

3 (c) During the testing phase permitted by subsection

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

5 domestic air carriers, or reservation systems may be used

6 to screen aviation passengers, or delay or deny boarding

7 to such passengers, except in instances where passenger

8 names are matched to a government watch list.

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

10 appropriations Act may be utilized to develop or test algo11 rithms assigning risk to passengers whose names are not

12 on government watch lists.

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

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

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

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

17 Act may be used to amend the oath of allegiance required

18 by section 337 of the Immigration and Nationality Act

19 (8 U.S.C. 1448).

20 SEC. 520. None of the funds appropriated by this Act

21 may be used to process or approve a competition under

22 Office of Management and Budget Circular A–76 for serv23 ices provided as of June 1, 2004, by employees (including

24 employees serving on a temporary or term basis) of Citi25 zenship and Immigration Services of the Department of
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1 Homeland Security who are known as of that date as Im2 migration Information Officers, Contact Representatives,

3 or Investigative Assistants.

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

5 provided hereafter shall be available to maintain the

6 United States Secret Service as anything but a distinct

7 entity within the Department of Homeland Security and

8 shall not be used to merge the United States Secret Serv9 ice with any other department function, cause any per10 sonnel and operational elements of the United States Se11 cret Service to report to an individual other than the Di12 rector of the United States Secret Service, or cause the

13 Director to report directly to any individual other than the

14 Secretary of Homeland Security.

15 SEC. 522. The Secretary of Homeland Security shall

16 develop screening standards and protocols to more thor17 oughly screen all types of air cargo on passenger and cargo

18 aircraft by March 1, 2006: Provided, That these screening

19 standards and protocols shall be developed in consultation

20 with the industry stakeholders: Provided further, That

21 these screening standards and protocols shall be developed

22 in conjunction with the research and development of tech23 nologies that will permit screening of all high-risk air

24 cargo: Provided further, That of the amounts appropriated

25 in this Act for the ‘‘Office of the Secretary and Executive
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1 Management’’, $10,000,000 shall not be available for obli2 gation until new air cargo screening standards and proto3 cols are implemented.

4 SEC. 523. The Transportation Security Administra5 tion (TSA) shall utilize existing checked baggage explosive

6 detection equipment and screeners to screen cargo carried

7 on passenger aircraft to the greatest extent practicable at

8 each airport: Provided, That beginning with November

9 2005, TSA shall provide a monthly report to the Com10 mittee on Appropriations of the House of Representatives

11 detailing, by airport, the amount of cargo carried on pas12 senger aircraft that was screened by TSA in August 2005

13 and each month thereafter.

14 SEC. 524. The Secretary of Homeland Security shall

15 implement a security plan to permit general aviation air16 craft to land and take off at Ronald Reagan Washington

17 National Airport 90 days after enactment of this Act.

18 SEC. 525. None of the funds available for obligation

19 for the transportation worker identification credential pro20 gram shall be used to develop a personalization system

21 that is decentralized or a card production capability that

22 does not utilize an existing government card production

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

24 the next phase of production until the Committee on Ap25 propriations of the House of Representatives has been
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1 fully briefed on the results of the prototype phase and

2 agrees that the program should move forward.

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

4 United States Coast Guard ‘‘Acquisition, Construction

5 and Improvements’’ account specifically identified in state6 ment of managers language for Integrated Deepwater Sys7 tem patrol boats 110- to 123-foot conversion in fiscal

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

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

10 Coast Guard for ‘‘Acquisition, Construction and Improve11 ments’’, $83,999,942 is made available to procure new

12 110-foot patrol boats or for major maintenance availability

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

14 such funds shall remain available until expended.

15 SEC. 527. The Secretary of Homeland Security shall

16 utilize the Transportation Security Clearinghouse as the

17 central identity management system for the deployment

18 and operation of the registered traveler program, the

19 transportation worker identification credential program,

20 and other applicable programs for the purposes of col21 lecting and aggregating biometric data necessary for

22 background vetting; providing all associated record-keep23 ing, customer service, and related functions; ensuring

24 interoperability between different airports and vendors;

25 and acting as a central activation, revocation, and trans-
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1 action hub for participating airports, ports, and other

2 points of presence.

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

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

5 officer appointed pursuant to section 222 of the Homeland

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

7 changes be made to, delay or prohibit the transmission

8 to Congress of, any report prepared pursuant to para9 graph (5) of such section.

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

11 appropriations Acts shall be available to pay the salary

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

13 representative (COTR) who has not received COTR train14 ing.

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

16 49, United States Code, funds appropriated or transferred

17 to the Transportation Security Administration in fiscal

18 years 2002 and 2003, and to the Transportation Security

19 Administration, ‘‘Aviation Security’’ and ‘‘Administra20 tion’’ in fiscal years 2004 and 2005, that are recovered

21 or deobligated shall be available only for procurement and

22 installation of explosive detection systems.

23 SEC. 531. From the unobligated balances available

24 in the ‘‘Department of Homeland Security Working Cap-
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1 ital Fund’’ established by section 506 of Public Law 108–

2 90, $7,000,000 are hereby rescinded.

3 SEC. 532. Notwithstanding any other provision of

4 law, the Committee withholds from obligation

5 $25,000,000 from the Directorate of Emergency Pre6 paredness and Response, Administrative and Regional Op7 erations, until the direction in the statement of managers

8 accompanying Public Law 108–324 and House Report

9 108–541 is completed.

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

11 Act or any other Act shall be available for processing peti12 tions under section 214(c) of the Immigration and Nation13 ality Act relating to nonimmigrant status under section

14 101(a)(15)(H)(i)(b) of such Act until the authority pro15 vided in section 214(g)(5)(C) of such Act is being imple16 mented such that, in any fiscal year in which the total

17 number of aliens who are issued visas or otherwise pro18 vided nonimmigrant status subject to the numerical limi19 tation under section 101(a)(15)(H)(i)(b) of such Act

20 reaches the numerical limitation contained in section

21 214(g)(1)(A) of such Act,, up to 20,000 additional aliens

22 who have earned a master’s or higher degree from an in23 stitution of higher education (as defined in section 101(a)

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

25 may be issued visas or otherwise provided nonimmigrant
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1 status under section 101(a)(15)(H)(i)(b) of the Immigra2 tion and Nationality Act.

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

4 shall be used to pay the salaries of more than sixty Trans5 portation Security Administration employees who have the

6 authority to designate documents as Sensitive Security In7 formation (SSI). In addition, $10,000,000 is not available

8 for the Department-wide Office of Security until the Sec9 retary submits to the Committee on Appropriations of the

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

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

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

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

14 of staff and offices authorized to designate SSI documents

15 within the Department.

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

17 may be used to change the name of the Coast Guard Sta18 tion ‘‘Group St. Petersburg’’.

19 SEC. 536. None of the funds appropriated or other20 wise made available by this Act may be used to patrol the

21 border of the United States except as authorized by law.

22 SEC. 537. For the Secretary of Homeland Security

23 to make grants pursuant to section 204 of the REAL ID

24 Act of 2005 (Public Law 109–13, division B) to assist

25 States in conforming with minimum drivers’ license stand-
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1 ards there is hereby appropriated; and the amounts other2 wise provided by this Act for ‘‘Office of the Secretary and

3 Executive Management’’, ‘‘Office of the Under Secretary

4 for Management’’, ‘‘Office of the Under Secretary for Bor5 der and Transportation Security—Salaries and Ex6 penses’’, ‘‘Information Analysis and Infrastructure Pro7 tection—Management and Administration’’, and ‘‘Science

8 and Technology—Research, Development, Acquisition and

9 Operations’’, are hereby reduced by: $100,000,000,

10 $20,000,000, $20,000,000, $2,000,000, $8,000,000, and

11 $50,000,000, respectively.

12 This Act may be cited as the ‘‘Department of Home13 land Security Appropriations Act, 2006’’.

Passed the House of Representatives May 17, 2005.

Attest:

Clerk.