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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Reported in Senate (RS)]

                                                       Calendar No. 129
109th CONGRESS
  1st Session
                                H.R. 2360

                          [Report No. 109-83]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2005

  Received; read twice and referred to the Committee on Appropriations

                             June 16, 2005

                Reported by Mr. Gregg, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2006, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Department of Homeland 
Security for the fiscal year ending September 30, 2006, and for other 
purposes, namely:</DELETED>

   <DELETED>TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS</DELETED>

  <DELETED>Office of the Secretary and Executive Management</DELETED>

<DELETED>    For necessary expenses of the Office of the Secretary of 
Homeland Security, as authorized by section 102 of the Homeland 
Security Act of 2002 (6 U.S.C. 112), and executive management of the 
Department of Homeland Security, as authorized by law, $133,239,000 
(reduced by $100,000): Provided, That not to exceed $40,000 shall be 
for official reception and representation expenses: Provided further, 
That of the amounts appropriated under this heading, $20,000,000 shall 
not be available for obligation until the Secretary of Homeland 
Security submits to the Committee on Appropriations of the House of 
Representatives an immigration enforcement strategy to reduce the 
number of undocumented aliens, based upon the latest United States 
Census Bureau data, by 10 percent per year: Provided further, That of 
the amounts appropriated under this heading, $10,000,000 shall not be 
available for obligation until section 525 of this Act is implemented: 
Provided further, That the Secretary shall submit all reports requested 
by the Committee on Appropriations of the House of Representatives for 
all agencies and components of the Department of Homeland Security, as 
identified in this Act and the House report accompanying this Act, by 
the dates specified: Provided further, That the content of all reports 
shall be in compliance with the direction and instructions included in 
this Act and the House report accompanying this Act by the dates 
specified: Provided further, That, of the amounts appropriated under 
this heading, $20,000,000 may not be obligated until the Committee on 
Appropriations of the House of Representatives has received all final 
reports in compliance with such direction and instructions.</DELETED>

    <DELETED>Office of the Under Secretary for Management</DELETED>

<DELETED>    For necessary expenses of the Office of the Under 
Secretary for Management, as authorized by sections 701-705 of the 
Homeland Security Act of 2002 (6 U.S.C. 341-345), $146,084,000 (reduced 
by $26,100,000) (reduced by $50,000,000): Provided, That not to exceed 
$3,000 shall be for official reception and representation expenses: 
Provided further, That of the total amount provided, $26,070,000 shall 
remain available until expended solely for the alteration and 
improvement of facilities, tenant improvements, and relocation costs to 
consolidate Department headquarters operations.</DELETED>

        <DELETED>Office of the Chief Financial Officer</DELETED>

<DELETED>    For necessary expenses of the Office of the Chief 
Financial Officer, as authorized by section 103 of the Homeland 
Security Act of 2002 (6 U.S.C. 113), $18,505,000.</DELETED>

       <DELETED>Office of the Chief Information Officer</DELETED>

<DELETED>    For necessary expenses of the Office of the Chief 
Information Officer, as authorized by section 103 of the Homeland 
Security Act of 2002 (6 U.S.C. 113), and Department-wide technology 
investments, $303,700,000; of which $75,756,000 shall be available for 
salaries and expenses; and of which $227,944,000 shall be available for 
development and acquisition of information technology equipment, 
software, services, and related activities for the Department of 
Homeland Security, and for the costs of conversion to narrowband 
communications, including the cost for operation of the land mobile 
radio legacy systems, to remain available until expended: Provided, 
That none of the funds appropriated shall be used to support or 
supplement the appropriations provided for the United States Visitor 
and Immigrant Status Indicator Technology project or the Automated 
Commercial Environment: Provided further, That the Department shall 
report within 180 days of enactment of this Act on its enterprise 
architecture and other strategic planning activities in accordance with 
the terms and conditions specified in the House report accompanying 
this Act.</DELETED>

             <DELETED>Office of Inspector General</DELETED>

<DELETED>    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $83,017,000, of which not to exceed $100,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector 
General.</DELETED>

 <DELETED>TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS</DELETED>

         <DELETED>BORDER AND TRANSPORTATION SECURITY</DELETED>

 <DELETED>Office of the Under Secretary for Border and Transportation 
                           Security</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of the Office of the Under 
Secretary for Border and Transportation Security, as authorized by 
subtitle A of title IV of the Homeland Security Act of 2002 (6 U.S.C. 
201 et seq.), $10,617,000: Provided, That not to exceed $3,000 shall be 
for official reception and representation expenses.</DELETED>

              <DELETED>automation modernization</DELETED>

<DELETED>    For necessary expenses of the United State Visitor and 
Immigrant Status Indicator Technology project, as authorized by section 
110 of the Illegal Immigration Reform and Immigration Responsibility 
Act of 1996 (8 U.S.C. 1221 note) and for the development, deployment, 
and use of Free and Secure Trade (FAST), NEXUS, and Secure Electronic 
Network for Traveler's Rapid Inspection (SENTRI), $411,232,000, to 
remain available until expended, which shall be allocated as 
follows:</DELETED>
        <DELETED>    (1) $7,000,000 for FAST.</DELETED>
        <DELETED>    (2) $14,000,000 for NEXUS/SENTRI.</DELETED>
        <DELETED>    (3) $390,232,000 for the United States Visitor and 
        Immigrant Status Indicator Technology project: Provided, That 
        of the funds provided for this project, $254,000,000 may not be 
        obligated until the Committees on Appropriations of the Senate 
        and the House of Representatives receive and approve a plan for 
        expenditure prepared by the Secretary of Homeland Security 
        that--</DELETED>
                <DELETED>    (A) meets the capital planning and 
                investment control review requirements established by 
                the Office of Management and Budget, including Circular 
                A-11, part 7;</DELETED>
                <DELETED>    (B) complies with the Department of 
                Homeland Security enterprise information systems 
                architecture;</DELETED>
                <DELETED>    (C) complies with the acquisition rules, 
                requirements, guidelines, and systems acquisition 
                management practices of the Federal 
                Government;</DELETED>
                <DELETED>    (D) is reviewed and approved by the 
                Department of Homeland Security Investment Review 
                Board, the Secretary of Homeland Security, and the 
                Office of Management and Budget; and</DELETED>
                <DELETED>    (E) is reviewed by the Government 
                Accountability Office.</DELETED>

            <DELETED>Customs and Border Protection</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,885,544,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); 
of which not to exceed $35,000 shall be for official reception and 
representation expenses; of which not less than $141,060,000 shall be 
for Air and Marine Operations; of which not to exceed $174,800,000 
shall remain available until September 30, 2007, for inspection and 
surveillance technology, unmanned aerial vehicles, and replacement 
aircraft; of which such sums as become available in the Customs User 
Fee Account, except sums subject to section 13031(f)(3) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account; of which not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations; of which not to exceed $1,000,000 shall 
be for awards of compensation to informants, to be accounted for solely 
under the certificate of the Under Secretary for Border and 
Transportation Security; and of which not to exceed $5,000,000 shall be 
available for payments or advances arising out of contractual or 
reimbursable agreements with State and local law enforcement agencies 
while engaged in cooperative activities related to immigration: 
Provided, That for fiscal year 2006, the overtime limitation prescribed 
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) shall be $35,000; and notwithstanding any other provision of 
law, none of the funds appropriated in this Act may be available to 
compensate any employee of the Bureau of Customs and Border Protection 
for overtime, from whatever source, in an amount that exceeds such 
limitation, except in individual cases determined by the Under 
Secretary for Border and Transportation Security, or a designee, to be 
necessary for national security purposes, to prevent excessive costs, 
or in cases of immigration emergencies: Provided further, That of the 
total amount provided, $10,000,000 may not be obligated until the 
Secretary submits to the Committee on Appropriations of the House of 
Representatives all required reports related to air and marine 
operations: Provided further, That of the total amount provided, 
$2,000,000 may not be obligated until the Secretary submits to the 
Committee on Appropriations of the House of Representatives a report on 
the performance of the Immigration Advisory Program as directed in 
House Report No. 108-541: Provided further, That of the total amount 
provided, $70,000,000 may not be obligated until the Secretary submits 
to the Committee on Appropriations of the House of Representatives part 
two of the report on the performance of the Container Security 
Initiative progam, as directed in House Report 180-541: Provided 
further, That no funds shall be available for the site acquisition, 
design, or construction of any Border Patrol checkpoint in the Tucson 
sector: Provided further, That the Border Patrol shall relocate its 
checkpoints in the Tucson sector at least once every seven days in a 
manner designed to prevent persons subject to inspection from 
predicting the location of any such checkpoint.</DELETED>

              <DELETED>automation modernization</DELETED>

<DELETED>    For expenses for customs and border protection automated 
systems, $458,009,000, to remain available until expended, of which not 
less than $321,690,000 shall be for the development of the Automated 
Commercial Environment: Provided, That none of the funds appropriated 
under this heading may be obligated for the Automated Commercial 
Environment until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve a plan for expenditure 
prepared by the Under Secretary for Border and Transportation Security 
that--</DELETED>
        <DELETED>    (1) meets the capital planning and investment 
        control review requirements established by the Office of 
        Management and Budget, including Circular A-11, part 
        7;</DELETED>
        <DELETED>    (2) complies with the Department of Homeland 
        Security's enterprise information systems 
        architecture;</DELETED>
        <DELETED>    (3) complies with the acquisition rules, 
        requirements, guidelines, and systems acquisition management 
        practices of the Federal Government;</DELETED>
        <DELETED>    (4) is reviewed and approved by the Department of 
        Homeland Security Investment Review Board, the Secretary of 
        Homeland Security, and the Office of Management and Budget; 
        and</DELETED>
        <DELETED>    (5) is reviewed by the Government Accountability 
        Office.</DELETED>

  <DELETED>air and marine interdiction, operations, maintenance, and 
                         procurement</DELETED>

<DELETED>    For necessary expenses for the operations, maintenance, 
and procurement of marine vessels, aircraft, and other related 
equipment of the air and marine program, including operational training 
and mission-related travel, and rental payments for facilities occupied 
by the air or marine interdiction and demand reduction programs, the 
operations of which include the following: the interdiction of 
narcotics and other goods; the provision of support to Federal, State, 
and local agencies in the enforcement or administration of laws 
enforced by the Department of Homeland Security; and at the discretion 
of the Under Secretary for Border and Transportation Security, the 
provision of assistance to Federal, State, and local agencies in other 
law enforcement and emergency humanitarian efforts, $347,780,000, to 
remain available until expended: Provided, That no aircraft or other 
related equipment, with the exception of aircraft that are one of a 
kind and have been identified as excess to Bureau of Customs and Border 
Protection requirements and aircraft that have been damaged beyond 
repair, shall be transferred to any other Federal agency, department, 
or office outside of the Department of Homeland Security during fiscal 
year 2006 without the prior approval of the Committees on 
Appropriations of the Senate and the House of 
Representatives.</DELETED>

                    <DELETED>construction</DELETED>

<DELETED>    For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for the 
administration and enforcement of the laws relating to customs and 
immigration, $93,418,000, to remain available until expended.</DELETED>

         <DELETED>Immigration and Customs Enforcement</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and purchase 
and lease of up to 2,300 (2,000 for replacement only) police-type 
vehicles, $3,064,081,000 (reduced by $5,000,000) (increased by 
$5,000,000), of which not to exceed $10,000,000 shall be available 
until expended for conducting special operations pursuant to section 
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
not to exceed $15,000 shall be for official reception and 
representation expenses; of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Under Secretary for Border and Transportation 
Security; of which not less than $102,000 shall be for promotion of 
public awareness of the child pornography tipline; of which not less 
than $203,000 shall be for Project Alert; of which not less than 
$5,000,000 shall be for costs to implement section 287(g) of the 
Immigration and Nationality Act, as amended; and of which not to exceed 
$11,216,000 shall be available to fund or reimburse other Federal 
agencies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That none of the 
funds appropriated shall be available to compensate any employee for 
overtime in an annual amount in excess of $35,000, except that the 
Under Secretary for Border and Transportation Security may waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $3,045,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2006, of which not to exceed 
$2,000,000 shall remain available until expended: Provided further, 
That of the amounts appropriated, $50,000,000 shall not be available 
for obligation until the Assistant Secretary of Immigration and Customs 
Enforcement submits to the Committee on Appropriations of the House of 
Representatives a national detention management plan including the use 
of regional detention contracts and alternatives to detention: Provided 
further, That the Assistant Secretary of Immigration and Customs 
Enforcement, with concurrence of the Secretary of Homeland Security, 
shall submit, by December 1, 2005, to the Committee on Appropriations 
of the House of Representatives a plan for the expanded use of 
Immigration Enforcement Agents to enforce administrative violations of 
United States immigration laws.</DELETED>

                <DELETED>federal air marshals</DELETED>

<DELETED>    For necessary expenses of the Federal Air Marshals, 
$698,860,000, of which not to exceed $5,000,000 shall remain available 
until expended.</DELETED>

             <DELETED>federal protective service</DELETED>

<DELETED>    The revenues and collections of security fees credited to 
this account, not to exceed $487,000,000, shall be available until 
expended for necessary expenses related to the protection of federally-
owned and leased buildings and for the operations of the Federal 
Protective Service.</DELETED>

              <DELETED>automation modernization</DELETED>

<DELETED>    For expenses of immigration and customs enforcement 
automated systems, $40,150,000, to remain available until expended: 
Provided, That none of the funds appropriated under this heading may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Under Secretary for Border and Transportation Security 
that--</DELETED>
        <DELETED>    (1) meets the capital planning and investment 
        control review requirements established by the Office of 
        Management and Budget, including Circular A-11, part 
        7;</DELETED>
        <DELETED>    (2) complies with the Department of Homeland 
        Security enterprise information systems architecture;</DELETED>
        <DELETED>    (3) complies with the acquisition rules, 
        requirements, guidelines, and systems acquisition management 
        practices of the Federal Government;</DELETED>
        <DELETED>    (4) is reviewed and approved by the Department of 
        Homeland Security Investment Review Board, the Secretary of 
        Homeland Security, and the Office of Management and Budget; 
        and</DELETED>
        <DELETED>    (5) is reviewed by the Government Accountability 
        Office.</DELETED>

                    <DELETED>construction</DELETED>

<DELETED>    For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for the 
administration and enforcement of the laws relating to customs and 
immigration, $26,546,000, to remain available until expended.</DELETED>

       <DELETED>Transportation Security Administration</DELETED>

                  <DELETED>aviation security</DELETED>

<DELETED>    For necessary expenses of the Transportation Security 
Administration related to providing aviation security, $4,591,612,000, 
to remain available until September 30, 2007, of which not to exceed 
$3,000 shall be available for official reception and representation 
expenses: Provided, That of the total amount provided under this 
heading, not to exceed $3,608,599,000 shall be for screening 
operations, of which $170,000,000 shall be available only for 
procurement of checked baggage explosive detection systems and 
$75,000,000 shall be available only for installation of checked baggage 
explosive detection systems; and not to exceed $983,013,000 shall be 
for aviation security direction and enforcement presence: Provided 
further, That security service fees authorized under section 44940 of 
title 49, United States Code, shall be credited to this appropriation 
as offsetting collections: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal 
year 2006, so as to result in a final fiscal year appropriation from 
the General Fund estimated at not more than $2,601,612,000: Provided 
further, That any security service fees collected in excess of the 
amount appropriated under this heading shall become available during 
fiscal year 2007: Provided further, That none of the funds in this Act 
shall be used to recruit or hire personnel into the Transportation 
Security Administration which would cause the agency to exceed a 
staffing level of 45,000 full-time equivalent screeners.</DELETED>

           <DELETED>surface transportation security</DELETED>

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

      <DELETED>transportation vetting and credentialing</DELETED>

<DELETED>    For necessary expenses for the development and 
implementation of screening programs by the Office of Transportation 
Vetting and Credentialing, $84,294,000.</DELETED>

           <DELETED>transportation security support</DELETED>

<DELETED>    For necessary expenses of the Transportation Security 
Administration related to providing transportation security support and 
intelligence activities, $541,008,000, to remain available until 
September 30, 2007: Provided, That of the funds appropriated under this 
heading, $50,000,000 may not be obligated until the Secretary submits 
to the Committee on Appropriations of the House of Representatives: (1) 
a plan for optimally deploying explosive detection equipment, either 
in-line or to replace explosive trace detection machines, at the 
Nation's airports on a priority basis to enhance security, reduce 
Transportation Security Administration staffing requirements, and long-
term costs; and (2) a detailed spend plan for explosive detection 
systems procurement and installations on an airport-by-airport basis 
for fiscal year 2006: Provided further, That these plans shall be 
submitted no later than 60 days after enactment of this Act.</DELETED>

              <DELETED>United States Coast Guard</DELETED>

                 <DELETED>operating expenses</DELETED>

<DELETED>    For necessary expenses for the operation and maintenance 
of the Coast Guard not otherwise provided for, purchase or lease of not 
to exceed 25 passenger motor vehicles for replacement only, payments 
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note), and 
recreation and welfare, $5,500,000,000, of which $1,200,000,000 shall 
be for defense-related activities; of which $24,500,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); and of which not to exceed $3,000 shall be for 
official reception and representation expenses: Provided, That none of 
the funds appropriated by this or any other Act shall be available for 
administrative expenses in connection with shipping commissioners in 
the United States: Provided further, That none of the funds provided by 
this Act shall be available for expenses incurred for yacht 
documentation under section 12109 of title 46, United States Code, 
except to the extent fees are collected from yacht owners and credited 
to this appropriation.</DELETED>

      <DELETED>environmental compliance and restoration</DELETED>

<DELETED>    For necessary expenses to carry out the Coast Guard's 
environmental compliance and restoration functions under chapter 19 of 
title 14, United States Code, $12,000,000, to remain available until 
expended.</DELETED>

                  <DELETED>reserve training</DELETED>

<DELETED>    For necessary expenses of the Coast Guard Reserve, as 
authorized by law; operations and maintenance of the reserve program; 
personnel and training costs; and equipment and services; 
$119,000,000.</DELETED>

     <DELETED>acquisition, construction, and improvements</DELETED>

<DELETED>    For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore facilities, 
vessels, and aircraft, including equipment related thereto; and 
maintenance, rehabilitation, lease and operation of facilities and 
equipment, as authorized by law, $798,152,000, of which $20,000,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $22,000,000 shall be available until 
September 30, 2010, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $29,902,000 shall be 
available until September 30, 2010, to increase aviation capability; of 
which $130,100,000 shall be available until September 30, 2008, for 
other equipment; of which $39,700,000 shall be available until 
September 30, 2008, for shore facilities and aids to navigation 
facilities; of which $76,450,000 shall be available for personnel 
compensation and benefits and related costs; and of which $500,000,000 
shall be available until September 30, 2010, for the Integrated 
Deepwater Systems program: Provided, That the Commandant of the Coast 
Guard is authorized to dispose of surplus real property, by sale or 
lease, and the proceeds shall be credited to this appropriation as 
offsetting collections and shall be available until September 30, 2008, 
only for Rescue 21: Provided further, That of the funds appropriated 
under this heading for the Integrated Deepwater System, $50,000,000 may 
not be obligated until the Committee on Appropriations of the House of 
Representatives receives from the Secretary of Homeland Security a new 
Deepwater program baseline that reflects revised, post September 11th 
operational priorities that includes--</DELETED>
        <DELETED>    (1) a detailed justification for each new 
        Deepwater asset that is determined to be necessary to fulfill 
        homeland and national security functions or multi-agency 
        procurements as identified by the Joint Requirements 
        Council;</DELETED>
        <DELETED>    (2) a comprehensive timeline for the entire 
        Deepwater program, including an asset-by-asset breakdown, 
        aligned with the comprehensive acquisition timeline and revised 
        mission needs statement, that also details the phase-out of 
        legacy assets and the phase-in of new, replacement assets on an 
        annual basis;</DELETED>
        <DELETED>    (3) a comparison of the revised acquisition 
        timeline against the original Deepwater timeline;</DELETED>
        <DELETED>    (4) an aggregate total cost of the program that 
        aligns with the revised mission needs statement, acquisition 
        timeline and asset-by-asset breakdown;</DELETED>
        <DELETED>    (5) a detailed projection of the remaining 
        operational lifespan of every type of legacy cutter and 
        aircraft; and</DELETED>
        <DELETED>    (6) a detailed progress report on command, 
        control, communications, computers, intelligence, surveillance, 
        and reconnaissance equipment upgrades that includes what has 
        been installed currently on operational assets and when such 
        equipment will be installed on all remaining Deepwater legacy 
        assets: Provided further, That the Secretary shall annually 
        submit to the Committee on Appropriations of the House of 
        Representatives, at the time that the President's budget is 
        submitted under section 1105(a) of title 31, a future-years 
        capital investment plan for the Coast Guard that identifies for 
        each capital budget line item--</DELETED>
                <DELETED>    (1) the proposed appropriation included in 
                that budget;</DELETED>
                <DELETED>    (2) the total estimated cost of 
                completion;</DELETED>
                <DELETED>    (3) projected funding levels for each 
                fiscal year for the next 5 fiscal years or until 
                project completion, whichever is earlier;</DELETED>
                <DELETED>    (4) an estimated completion date at the 
                projected funding levels; and</DELETED>
                <DELETED>    (5) changes, if any, in the total 
                estimated cost of completion or estimated completion 
                date from previous future-years capital investment 
                plans submitted to the Committee on Appropriations of 
                the House of Representatives:</DELETED>
<DELETED>Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31 
for that fiscal year: Provided further, That any inconsistencies 
between the capital investment plan and proposed appropriations shall 
be identified and justified.</DELETED>

                <DELETED>alteration of bridges</DELETED>

<DELETED>    For necessary expenses for alteration or removal of 
obstructive bridges, $15,000,000, to remain available until 
expended.</DELETED>

                     <DELETED>retired pay</DELETED>

<DELETED>    For retired pay, including the payment of obligations 
otherwise chargeable to lapsed appropriations for this purpose, 
payments under the Retired Serviceman's Family Protection and Survivor 
Benefits Plans, payment for career status bonuses, concurrent receipts 
and combat-related special compensation under the National Defense 
Authorization Act, and payments for medical care of retired personnel 
and their dependents under chapter 55 of title 10, United States Code, 
$1,014,080,000.</DELETED>

            <DELETED>United States Secret Service</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of the United States Secret 
Service, including purchase of not to exceed 614 vehicles for police-
type use, which shall be for replacement only, and hire of passenger 
motor vehicles; purchase of American-made motorcycles; hire of 
aircraft; services of expert witnesses at such rates as may be 
determined by the Director; rental of buildings in the District of 
Columbia, and fencing, lighting, guard booths, and other facilities on 
private or other property not in Government ownership or control, as 
may be necessary to perform protective functions; payment of per diem 
or subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee requires an 
employee to work 16 hours per day or to remain overnight at his or her 
post of duty; conduct of and participation in firearms matches; 
presentation of awards; travel of Secret Service employees on 
protective missions without regard to the limitations on such 
expenditures in this or any other Act if approval is obtained in 
advance from the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; grants to conduct 
behavioral research in support of protective research and operations; 
and payment in advance for commercial accommodations as may be 
necessary to perform protective functions; $1,228,981,000, of which not 
to exceed $25,000 shall be for official reception and representation 
expenses; of which not to exceed $100,000 shall be to provide technical 
assistance and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,678,000 shall be for forensic 
and related support of investigations of missing and exploited 
children; and of which $5,000,000 shall be a grant for activities 
related to the investigations of exploited children and shall remain 
available until expended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 30, 2007: 
Provided further, That of the total amount appropriated, not less than 
$10,000,000 shall be available solely for the unanticipated costs 
related to security operations for National Special Security Events, to 
remain available until September 30, 2007: Provided further, That the 
United States Secret Service is authorized to obligate funds in 
anticipation of reimbursements from agencies and entities, as defined 
in section 105 of title 5, United States Code, receiving training 
sponsored by the James J. Rowley Training Center, except that total 
obligations at the end of the fiscal year shall not exceed total 
budgetary resources available under this heading at the end of the 
fiscal year.</DELETED>

     <DELETED>acquisition, construction, improvements, and related 
                           expenses</DELETED>

<DELETED>    For necessary expenses for acquisition, construction, 
repair, alteration, and improvement of facilities, $3,699,000, to 
remain available until expended.</DELETED>

        <DELETED>TITLE III--PREPAREDNESS AND RECOVERY</DELETED>

    <DELETED>Office of State and Local Government Coordination and 
                         Preparedness</DELETED>

            <DELETED>management and administration</DELETED>

<DELETED>    For necessary expenses for the Office of State and Local 
Government Coordination and Preparedness, $3,546,000: Provided, That 
not to exceed $2,000 shall be for official reception and representation 
expenses.</DELETED>

              <DELETED>state and local programs</DELETED>

<DELETED>    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $2,781,300,000 (increased by $100,000) (increased by $50,000,000), 
which shall be allocated as follows:</DELETED>
        <DELETED>    (1) $750,000,000 for formula-based grants and 
        $400,000,000 for law enforcement terrorism prevention grants 
        pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C. 
        3714): Provided, That the application for grants shall be made 
        available to States within 45 days after enactment of this Act; 
        that States shall submit applications within 90 days after the 
        grant announcement; and that the Office of State and Local 
        Government Coordination and Preparedness shall act within 90 
        days after receipt of an application: Provided further, That no 
        less than 80 percent of any grant under this paragraph to a 
        State shall be made available by the State to local governments 
        within 60 days after the receipt of the funds.</DELETED>
        <DELETED>    (2) $1,215,000,000 for discretionary grants, as 
        determined by the Secretary of Homeland Security, of which--
        </DELETED>
                <DELETED>    (A) $850,000,000 shall be for use in high-
                threat, high-density urban areas;</DELETED>
                <DELETED>    (B) $150,000,000 shall be for port 
                security grants, which shall be distributed based on 
                risks and vulnerabilities: Provided, That the Office of 
                State and Local Government Coordination and 
                Preparedness shall work with the Information Analysis 
                and Infrastructure Protection Directorate to assess the 
                risk associated with each port and with the Coast Guard 
                to evaluate the vulnerability of each port: Provided 
                further, That funding may only be made available to 
                those projects recommended by the Coast Guard Captain 
                of the Port;</DELETED>
                <DELETED>    (C) $5,000,000 shall be for trucking 
                industry security grants;</DELETED>
                <DELETED>    (D) $10,000,000 shall be for intercity bus 
                security grants;</DELETED>
                <DELETED>    (E) $150,000,000 shall be for intercity 
                passenger rail transportation (as defined in section 
                24102 of title 49, United States Code), freight rail, 
                and transit security grants; and</DELETED>
                <DELETED>    (F) $50,000,000 shall be for buffer zone 
                protection grants:</DELETED>
        <DELETED>Provided, That for grants under subparagraph (A), the 
        application for grants shall be made available to States within 
        45 days after enactment of this Act; that States shall submit 
        applications within 90 days after the grant announcement; and 
        that the Office of State and Local Government Coordination and 
        Preparedness shall act within 90 days after receipt of an 
        application: Provided further,  That no less than 80 percent of 
        any grant under this paragraph to a State shall be made 
        available by the State to local governments within 60 days 
        after the receipt of the funds.</DELETED>
        <DELETED>    (3) $50,000,000 shall be available for the 
        Commercial Equipment Direct Assistance Program.</DELETED>
        <DELETED>    (4) $366,300,000 for training, exercises, 
        technical assistance, and other programs:</DELETED>
<DELETED>Provided, That none of the grants provided under this heading 
shall be used for the construction or renovation of facilities; for 
minor perimeter security projects, not to exceed $1,000,000, as 
determined necessary by the Secretary of Homeland Security: Provided 
further, That the proceeding proviso shall not apply to grants under 
subparagraphs (B) and (E) of paragraph (2) of this heading: Provided 
further, That grantees shall provide additional reports on their use of 
funds, as determined necessary by the Secretary of Homeland Security: 
Provided further, That funds appropriated for law enforcement terrorism 
prevention grants under paragraph (1) and discretionary grants under 
paragraph (2)(A) of this heading shall be available for operational 
costs, to include personnel overtime and overtime associated with 
Office of State and Local Government Coordination and Preparedness 
certified training, as needed: Provided further, That in accordance 
with the Department's implementation plan for Homeland Security 
Presidential Directive 8, the Office of State and Local Government 
Coordination and Preparedness shall issue the final National 
Preparedness Goal no later than October 1, 2005; and no funds provided 
under paragraphs (1) and (2)(A) shall be awarded to States that have 
not submitted to the Office of State and Local Government Coordination 
and Preparedness an updated State homeland strategy based on the 
interim National Preparedness Goal, dated March 31, 2005.</DELETED>

            <DELETED>firefighter assistance grants</DELETED>

<DELETED>    For necessary expenses for programs authorized by the 
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), $600,000,000 (increased by $50,000,000), of which $550,000,000 
(increased by $25,000,000) shall be available to carry out section 33 
(15 U.S.C. 2229) and $50,000,000 (increased by $25,000,000) shall be 
available to carry out section 34 (15 U.S.C. 2229a) of the Act, to 
remain available until September 30, 2007: Provided, That not to exceed 
5 percent of this amount shall be available for program 
administration.</DELETED>

       <DELETED>emergency management performance grants</DELETED>

<DELETED>    For necessary expenses for emergency management 
performance grants, as authorized by the National Flood Insurance Act 
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et seq.), and 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: 
Provided, That total administrative costs shall not exceed 3 percent of 
the total appropriation.</DELETED>

                <DELETED>Counterterrorism Fund</DELETED>

<DELETED>    For necessary expenses, as determined by the Secretary of 
Homeland Security, to reimburse any Federal agency for the costs of 
providing support to counter, investigate, or respond to unexpected 
threats or acts of terrorism, including payment of rewards in 
connection with these activities, $10,000,000, to remain available 
until expended: Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives 15 days prior to the obligation of any amount of these 
funds in accordance with section 503 of this Act.</DELETED>

         <DELETED>Emergency Preparedness and Response</DELETED>

 <DELETED>office of the under secretary for emergency preparedness and 
                           response</DELETED>

<DELETED>    For necessary expenses for the Office of the Under 
Secretary for Emergency Preparedness and Response, as authorized by 
section 502 of the Homeland Security Act of 2002 (6 U.S.C. 312), 
$2,306,000.</DELETED>

  <DELETED>preparedness, mitigation, response, and recovery</DELETED>

<DELETED>    For necessary expenses for preparedness, mitigation, 
response, and recovery activities of the Directorate of Emergency 
Preparedness and Response, $249,499,000, including activities 
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.).</DELETED>

       <DELETED>administrative and regional operations</DELETED>

<DELETED>    For necessary expenses for administrative and regional 
operations of the Directorate of Emergency Preparedness and Response, 
$225,441,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et 
seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, 
That not to exceed $3,000 shall be for official reception and 
representation expenses.</DELETED>

               <DELETED>public health programs</DELETED>

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

     <DELETED>radiological emergency preparedness program</DELETED>

<DELETED>    The aggregate charges assessed during fiscal year 2006, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2006, and remain 
available until expended.</DELETED>

                   <DELETED>disaster relief</DELETED>

<DELETED>    For necessary expenses in carrying out the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), $2,023,900,000 (reduced by $23,900,000), to remain available 
until expended.</DELETED>

   <DELETED>disaster assistance direct loan program account</DELETED>

<DELETED>    For administrative expenses to carry out the direct loan 
program, as authorized by section 319 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), 
$567,000: Provided, That gross obligations for the principal amount of 
direct loans shall not exceed $25,000,000: Provided further, That the 
cost of modifying such loans shall be as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a).</DELETED>

            <DELETED>flood map modernization fund</DELETED>

<DELETED>    For necessary expenses pursuant to section 1360 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, 
and such additional sums as may be provided by State and local 
governments or other political subdivisions for cost-shared mapping 
activities under section 1360(f)(2) of such Act, to remain available 
until expended: Provided, That total administrative costs shall not 
exceed 3 percent of the total appropriation.</DELETED>

            <DELETED>national flood insurance fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For activities under the National Flood Insurance Act of 
1968 (42 U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries 
and expenses associated with flood mitigation and flood insurance 
operations; not to exceed $40,000,000 for financial assistance under 
section 1361A of such Act to States and communities for taking actions 
under such section with respect to severe repetitive loss properties, 
to remain available until expended; not to exceed $10,000,000 for 
mitigation actions under section 1323 of such Act; and not to exceed 
$99,358,000 for flood hazard mitigation, to remain available until 
September 30, 2007, including up to $40,000,000 for expenses under 
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c), which amount shall be available for transfer to the National 
Flood Mitigation Fund until September 30, 2007, and which amount shall 
be derived from offsetting collections assessed and collected pursuant 
to section 1307 of that Act (42 U.S.C. 4014), and shall be retained and 
used for necessary expenses under this heading: Provided, That in 
fiscal year 2006, no funds in excess of: (1) $55,000,000 for operating 
expenses; (2) $660,148,000 for agents' commissions and taxes; and (3) 
$30,000,000 for interest on Treasury borrowings shall be available from 
the National Flood Insurance Fund.</DELETED>

           <DELETED>national flood mitigation fund</DELETED>

<DELETED>    Notwithstanding subparagraphs (B) and (C) of subsection 
(b)(3), and subsection (f), of section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), $40,000,000, to remain 
available until September 30, 2007, for activities designed to reduce 
the risk of flood damage to structures pursuant to such Act, of which 
$40,000,000 shall be derived from the National Flood Insurance 
Fund.</DELETED>

        <DELETED>national pre-disaster mitigation fund</DELETED>

<DELETED>    For a pre-disaster mitigation grant program pursuant to 
title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.), $150,000,000, to remain 
available until expended: Provided, That grants made for pre-disaster 
mitigation shall be awarded on a competitive basis subject to the 
criteria in section 203(g) of such Act (42 U.S.C. 5133(g)): Provided 
further, That total administrative costs shall not exceed 3 percent of 
the total appropriation.</DELETED>

             <DELETED>emergency food and shelter</DELETED>

<DELETED>    To carry out an emergency food and shelter program 
pursuant to title III of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11331 et seq.), $153,000,000, to remain available until 
expended: Provided, That total administrative costs shall not exceed 
3.5 percent of the total appropriation.</DELETED>

<DELETED>TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND 
                           SERVICES</DELETED>

        <DELETED>Citizenship and Immigration Services</DELETED>

<DELETED>    For necessary expenses for citizenship and immigration 
services, $120,000,000: Provided, That the Director of United States 
Citizenship and Immigration Services shall submit to the Committee on 
Appropriations of the House of Representatives a report on its 
information technology transformation efforts and how these efforts 
align with the enterprise architecture standards of the Department of 
Homeland Security within 90 days of enactment of this Act.</DELETED>

       <DELETED>Federal Law Enforcement Training Center</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of the Federal Law Enforcement 
Training Center, including materials and support costs of Federal law 
enforcement basic training; purchase of not to exceed 117 vehicles for 
police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $194,000,000, of which up to $36,174,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2007; and of which not to 
exceed $12,000 shall be for official reception and representation 
expenses: Provided, That the Center is authorized to obligate funds in 
anticipation of reimbursements from agencies receiving training 
sponsored by the Center, except that total obligations at the end of 
the fiscal year shall not exceed total budgetary resources available at 
the end of the fiscal year: Provided further, That in fiscal year 2006 
and thereafter, the Center is authorized to assess pecuniary liability 
against Center employees and students for losses or destruction of 
government property due to gross negligence or willful misconduct and 
to set off any resulting debts due the United States by Center 
employees and students, without their consent, against current payments 
due the employees and students for their services.</DELETED>

    <DELETED>acquisitions, construction, improvements, and related 
                           expenses</DELETED>

<DELETED>    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $64,743,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from government agencies requesting the construction of 
special use facilities.</DELETED>

 <DELETED>Information Analysis and Infrastructure Protection</DELETED>

            <DELETED>management and administration</DELETED>

<DELETED>    For salaries and expenses of the immediate Office of the 
Under Secretary for Information Analysis and Infrastructure Protection 
and for management and administration of programs and activities, as 
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.), $198,200,000: Provided, That not to exceed $5,000 shall 
be for official reception and representation expenses.</DELETED>

             <DELETED>assessments and evaluations</DELETED>

<DELETED>    For necessary expenses for information analysis and 
infrastructure protection as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $663,240,000, to remain 
available until September 30, 2007.</DELETED>

               <DELETED>Science and Technology</DELETED>

            <DELETED>management and administration</DELETED>

<DELETED>    For salaries and expenses of the immediate Office of the 
Under Secretary for Science and Technology and for management and 
administration of programs and activities, as authorized by title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), 
$81,399,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.</DELETED>

  <DELETED>research, development, acquisition and operations</DELETED>

<DELETED>    For necessary expenses for science and technology 
research, including advanced research projects; development; test and 
evaluation; acquisition; and operations; as authorized by title III of 
the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), 
$1,258,597,000, to remain available until expended: Provided, That of 
the total amount provided under this heading, $23,000,000 is available 
to find an alternative site for the National Bio and Agrodefense 
Laboratory and other pre-construction activities to establish research 
labs to protect animal and public health from high consequence animal 
and zoonotic diseases, in support of the requirements of Homeland 
Security Presidential Directives 9 and 10: Provided further, That of 
the total amount provided under this heading, $10,000,000 shall be used 
to enhance activities toward implementation of section 313 of the 
Homeland Security Act of 2002 (6 U.S.C. 193).</DELETED>

             <DELETED>TITLE V--GENERAL PROVISIONS</DELETED>

           <DELETED>(including rescission of funds)</DELETED>

<DELETED>    Sec. 501. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein.</DELETED>
<DELETED>    Sec. 502. Subject to the requirements of section 503 of 
this Act, the unexpended balances of prior appropriations provided for 
activities in this Act may be transferred to appropriation accounts for 
such activities established pursuant to this Act: Provided, That 
balances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.</DELETED>
<DELETED>    Sec. 503. (a) None of the funds provided by this Act, 
provided by previous appropriations Acts to the agencies in or 
transferred to the Department of Homeland Security that remain 
available for obligation or expenditure in fiscal year 2006, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds that: (1) creates a new program; (2) eliminates 
a program, project, or activity; (3) increases funds for any program, 
project, or activity for which funds have been denied or restricted by 
the Congress; (4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees on Appropriations for 
a different purpose; or (5) contracts out any functions or activities 
for which funds have been appropriated for Federal full-time equivalent 
positions; unless the Committees on Appropriations of the Senate and 
the House of Representatives are notified 15 days in advance of such 
reprogramming of funds.</DELETED>
<DELETED>    (b) None of the funds provided by this Act, provided by 
previous appropriation Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2006, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.</DELETED>
<DELETED>    (c) Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Homeland 
Security by this Act or provided by previous appropriations Acts may be 
transferred between such appropriations, but no such appropriations, 
except as otherwise specifically provided, shall be increased by more 
than 10 percent by such transfers: Provided, That any transfer under 
this subsection shall be treated as a reprogramming of funds under 
subsection (b) of this section and shall not be available for 
obligation unless the Committees on Appropriations of the Senate and 
the House of Representatives are notified 15 days in advance of such 
transfer.</DELETED>
<DELETED>    (d) The Department shall submit all notifications pursuant 
to subsections (a), (b), and (c) of this section no later than June 30, 
except in extraordinary circumstances which imminently threaten the 
safety of human life or the protection of property.</DELETED>
<DELETED>    Sec. 504. Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2006 from appropriations for 
salaries and expenses for fiscal year 2006 in this Act shall remain 
available through September 30, 2007, in the account and for the 
purposes for which the appropriations were provided: Provided, That 
prior to the obligation of such funds, a request shall be submitted to 
the Committees on Appropriations of the Senate and the House of 
Representatives for approval in accordance with section 503 of this 
Act.</DELETED>
<DELETED>    Sec. 505. Funds made available by this Act for 
intelligence activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414) during fiscal year 2006 until the enactment of an 
Act authorizing intelligence activities for fiscal year 2006.</DELETED>
<DELETED>    Sec. 506. The Federal Law Enforcement Training Center 
shall establish an accrediting body, to include representatives from 
the Federal law enforcement community and non-Federal accreditation 
experts involved in law enforcement training, to establish standards 
for measuring and assessing the quality and effectiveness of Federal 
law enforcement training programs, facilities, and 
instructors.</DELETED>
<DELETED>    Sec. 507. None of the funds in this Act may be used to 
make a grant allocation, discretionary grant award, discretionary 
contract award, or to issue a letter of intent totaling in excess of 
$1,000,000 unless the Secretary of Homeland Security notifies the 
Committees on Appropriations of the Senate and House of Representatives 
at least 3 full business days in advance: Provided, That no 
notification shall involve funds that are not available for 
obligation.</DELETED>
<DELETED>    Sec. 508. Notwithstanding any other provision of law, no 
agency shall purchase, construct, or lease any additional facilities, 
except within or contiguous to existing locations, to be used for the 
purpose of conducting Federal law enforcement training without the 
advance approval of the Committees on Appropriations of the Senate and 
the House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.</DELETED>
<DELETED>    Sec. 509. The Director of the Federal Law Enforcement 
Training Center (FLETC) shall schedule basic and/or advanced law 
enforcement training at all four training facilities under FLETC's 
control to ensure that these training centers are operated at the 
highest capacity throughout the fiscal year.</DELETED>
<DELETED>    Sec. 510. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed 
prospectus.</DELETED>
<DELETED>    Sec. 511. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).</DELETED>
<DELETED>    Sec. 512. Funding for the Transportation Security 
Administration's Office of Transportation Security Support, Office of 
the Administrator, shall be reduced by $100,000 per day for each day 
after enactment of this Act that the second proviso of section 513 of 
Public Law 108-334 has not been implemented.</DELETED>
<DELETED>    Sec. 513. The Commandant of the Coast Guard shall provide 
to the Committee on Appropriations of the House of Representatives each 
year, at the time that the President's budget is submitted under 
section 1105(a) of title 31, United States Code, a list of approved but 
unfunded Coast Guard priorities and the funds needed for each such 
priority in the same manner and with the same contents as the unfunded 
priorities lists submitted by the chiefs of other Armed 
Services.</DELETED>
<DELETED>    Sec. 514. Notwithstanding section 3302 of title 31, United 
States Code, beginning in fiscal year 2006 and thereafter, the 
Administrator of the Transportation Security Administration may impose 
a reasonable charge for the lease of real and personal property to 
Transportation Security Administration employees and for use by 
Transportation Security Administration employees and may credit amounts 
received to the appropriation or fund initially charged for operating 
and maintaining the property, which amounts shall be available, without 
fiscal year limitation, for expenditure for property management, 
operation, protection, construction, repair, alteration, and related 
activities.</DELETED>
<DELETED>    Sec. 515. Beginning in fiscal year 2006 and thereafter, 
the acquisition management system of the Transportation Security 
Administration shall apply to the acquisition of services, as well as 
equipment, supplies, and materials.</DELETED>
<DELETED>    Sec. 516. Notwithstanding any other provision of law, the 
authority of the Office of Personnel Management to conduct personnel 
security and suitability background investigations, update 
investigations, and periodic reinvestigations of applicants for, or 
appointees in, positions in the Office of the Secretary and Executive 
Management, the Office of the Under Secretary for Management, the 
Bureau of Immigration and Customs Enforcement, the Directorate of 
Science and Technology, and the Directorate of Information Analysis and 
Infrastructure Protection of the Department of Homeland Security is 
transferred to the Department of Homeland Security: Provided, That on 
request of the Department of Homeland Security, the Office of Personnel 
Management shall cooperate with and assist the Department in any 
investigation or reinvestigation under this section: Provided further, 
That this section shall cease to be effective at such time as the 
President has selected a single agency to conduct security clearance 
investigations pursuant to section 3001(c) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 
435b) and the entity selected under section 3001(b) of such Act has 
reported to Congress that the agency selected pursuant to such section 
3001(c) is capable of conducting all necessary investigations in a 
timely manner or has authorized the entities within the Department of 
Homeland Security covered by this section to conduct their own 
investigations pursuant to section 3001 of such Act.</DELETED>
<DELETED>    Sec. 517. Notwithstanding any other provision of law, 
funds appropriated under paragraphs (1) and (2) of the State and Local 
Programs heading under title III of this Act are exempt from section 
6503(a) of title 31, United States Code.</DELETED>
<DELETED>    Sec. 518. (a) None of the funds provided by this or 
previous appropriations Acts may be obligated for deployment or 
implementation, on other than a test basis, of the Secure Flight 
program or any other follow on or successor passenger prescreening 
programs, until the Secretary of Homeland Security certifies, and the 
Government Accountability Office (GAO) reports, to the Committees on 
Appropriations of the Senate and the House of Representatives, that all 
ten of the elements contained in paragraphs (1) through (10) of section 
522(a) of Public Law 108-334 have been successfully met.</DELETED>
<DELETED>    (b) The report required by subsection (a) shall be 
submitted within 90 days after the certification required by such 
subsection is provided, and periodically thereafter, if necessary, 
until the Government Accountability Office confirms that all ten 
elements have been successfully met.</DELETED>
<DELETED>    (c) During the testing phase permitted by subsection (a), 
no information gathered from passengers, foreign or domestic air 
carriers, or reservation systems may be used to screen aviation 
passengers, or delay or deny boarding to such passengers, except in 
instances where passenger names are matched to a government watch 
list.</DELETED>
<DELETED>    (d) None of the funds provided in this or any previous 
appropriations Act may be utilized to develop or test algorithms 
assigning risk to passengers whose names are not on government watch 
lists.</DELETED>
<DELETED>    (e) None of the funds provided in this appropriations Act 
may be utilized for a database that is obtained from or remains under 
the control of a non-Federal entity.</DELETED>
<DELETED>    Sec. 519. None of the funds made available in this Act may 
be used to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).</DELETED>
<DELETED>    Sec. 520. None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of Management 
and Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
Citizenship and Immigration Services of the Department of Homeland 
Security who are known as of that date as Immigration Information 
Officers, Contact Representatives, or Investigative 
Assistants.</DELETED>
<DELETED>    Sec. 521. None of the funds available in this Act or 
provided hereafter shall be available to maintain the United States 
Secret Service as anything but a distinct entity within the Department 
of Homeland Security and shall not be used to merge the United States 
Secret Service with any other department function, cause any personnel 
and operational elements of the United States Secret Service to report 
to an individual other than the Director of the United States Secret 
Service, or cause the Director to report directly to any individual 
other than the Secretary of Homeland Security.</DELETED>
<DELETED>    Sec. 522. The Secretary of Homeland Security shall develop 
screening standards and protocols to more thoroughly screen all types 
of air cargo on passenger and cargo aircraft by March 1, 2006: 
Provided, That these screening standards and protocols shall be 
developed in consultation with the industry stakeholders: Provided 
further, That these screening standards and protocols shall be 
developed in conjunction with the research and development of 
technologies that will permit screening of all high-risk air cargo: 
Provided further, That of the amounts appropriated in this Act for the 
``Office of the Secretary and Executive Management'', $10,000,000 shall 
not be available for obligation until new air cargo screening standards 
and protocols are implemented.</DELETED>
<DELETED>    Sec. 523. The Transportation Security Administration (TSA) 
shall utilize existing checked baggage explosive detection equipment 
and screeners to screen cargo carried on passenger aircraft to the 
greatest extent practicable at each airport: Provided, That beginning 
with November 2005, TSA shall provide a monthly report to the Committee 
on Appropriations of the House of Representatives detailing, by 
airport, the amount of cargo carried on passenger aircraft that was 
screened by TSA in August 2005 and each month thereafter.</DELETED>
<DELETED>    Sec. 524. The Secretary of Homeland Security shall 
implement a security plan to permit general aviation aircraft to land 
and take off at Ronald Reagan Washington National Airport 90 days after 
enactment of this Act.</DELETED>
<DELETED>    Sec. 525. None of the funds available for obligation for 
the transportation worker identification credential program shall be 
used to develop a personalization system that is decentralized or a 
card production capability that does not utilize an existing government 
card production facility: Provided, That no funding can be obligated 
for the next phase of production until the Committee on Appropriations 
of the House of Representatives has been fully briefed on the results 
of the prototype phase and agrees that the program should move 
forward.</DELETED>
<DELETED>    Sec. 526. (a) From the unexpended balances of the United 
States Coast Guard ``Acquisition, Construction and Improvements'' 
account specifically identified in statement of managers language for 
Integrated Deepwater System patrol boats 110- to 123-foot conversion in 
fiscal years 2004 and 2005, $83,999,942 are rescinded.</DELETED>
<DELETED>    (b) For the necessary expenses of the United States Coast 
Guard for ``Acquisition, Construction and Improvements'', $83,999,942 
is made available to procure new 110-foot patrol boats or for major 
maintenance availability for the current 110-foot patrol boat fleet: 
Provided, That such funds shall remain available until 
expended.</DELETED>
<DELETED>    Sec. 527. The Secretary of Homeland Security shall utilize 
the Transportation Security Clearinghouse as the central identity 
management system for the deployment and operation of the registered 
traveler program, the transportation worker identification credential 
program, and other applicable programs for the purposes of collecting 
and aggregating biometric data necessary for background vetting; 
providing all associated record-keeping, customer service, and related 
functions; ensuring interoperability between different airports and 
vendors; and acting as a central activation, revocation, and 
transaction hub for participating airports, ports, and other points of 
presence.</DELETED>
<DELETED>    Sec. 528. None of the funds made available in this Act may 
be used by any person other than the privacy officer appointed pursuant 
to section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to 
alter, direct that changes be made to, delay or prohibit the 
transmission to Congress of, any report prepared pursuant to paragraph 
(5) of such section.</DELETED>
<DELETED>    Sec. 529. No funding provided in this or previous 
appropriations Acts shall be available to pay the salary of any 
employee serving as a contracting officer's technical representative 
(COTR) who has not received COTR training.</DELETED>
<DELETED>    Sec. 530. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to the 
Transportation Security Administration in fiscal years 2002 and 2003, 
and to the Transportation Security Administration, ``Aviation 
Security'' and ``Administration'' in fiscal years 2004 and 2005, that 
are recovered or deobligated shall be available only for procurement 
and installation of explosive detection systems.</DELETED>
<DELETED>    Sec. 531. From the unobligated balances available in the 
``Department of Homeland Security Working Capital Fund'' established by 
section 506 of Public Law 108-90, $7,000,000 are hereby 
rescinded.</DELETED>
<DELETED>    Sec. 532. Notwithstanding any other provision of law, the 
Committee withholds from obligation $25,000,000 from the Directorate of 
Emergency Preparedness and Response, Administrative and Regional 
Operations, until the direction in the statement of managers 
accompanying Public Law 108-324 and House Report 108-541 is 
completed.</DELETED>
<DELETED>    Sec. 533. None of the funds appropriated under this Act or 
any other Act shall be available for processing petitions under section 
214(c) of the Immigration and Nationality Act relating to nonimmigrant 
status under section 101(a)(15)(H)(i)(b) of such Act until the 
authority provided in section 214(g)(5)(C) of such Act is being 
implemented such that, in any fiscal year in which the total number of 
aliens who are issued visas or otherwise provided nonimmigrant status 
subject to the numerical limitation under section 101(a)(15)(H)(i)(b) 
of such Act reaches the numerical limitation contained in section 
214(g)(1)(A) of such Act,, up to 20,000 additional aliens who have 
earned a master's or higher degree from an institution of higher 
education (as defined in section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a))) may be issued visas or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act.</DELETED>
<DELETED>    Sec. 534. None of the funds provided in this Act shall be 
used to pay the salaries of more than sixty Transportation Security 
Administration employees who have the authority to designate documents 
as Sensitive Security Information (SSI). In addition, $10,000,000 is 
not available for the Department-wide Office of Security until the 
Secretary submits to the Committee on Appropriations of the House of 
Representatives: (1) the titles of all documents currently designated 
as SSI; (2) Department-wide policies on SSI designation; (3) 
Department-wide SSI designation auditing policies and procedures; and 
(4) the total number of staff and offices authorized to designate SSI 
documents within the Department.</DELETED>
<DELETED>    Sec. 535. None of the funds appropriated by this Act may 
be used to change the name of the Coast Guard Station ``Group St. 
Petersburg''.</DELETED>
<DELETED>    Sec. 536. None of the funds appropriated or otherwise made 
available by this Act may be used to patrol the border of the United 
States except as authorized by law.</DELETED>
<DELETED>    Sec. 537. For the Secretary of Homeland Security to make 
grants pursuant to section 204 of the REAL ID Act of 2005 (Public Law 
109-13, division B) to assist States in conforming with minimum 
drivers' license standards there is hereby appropriated; and the 
amounts otherwise provided by this Act for ``Office of the Secretary 
and Executive Management'', ``Office of the Under Secretary for 
Management'', ``Office of the Under Secretary for Border and 
Transportation Security--Salaries and Expenses'', ``Information 
Analysis and Infrastructure Protection--Management and 
Administration'', and ``Science and Technology--Research, Development, 
Acquisition and Operations'', are hereby reduced by: $100,000,000, 
$20,000,000, $20,000,000, $2,000,000, $8,000,000, and $50,000,000, 
respectively.</DELETED>
<DELETED>    This Act may be cited as the ``Department of Homeland 
Security Appropriations Act, 2006''.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of Homeland 
Security for the fiscal year ending September 30, 2006, and for other 
purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

    For necessary expenses of the Office of the Secretary of Homeland 
Security, as authorized by section 102 of the Homeland Security Act of 
2002 (6 U.S.C. 112), and executive management of the Department of 
Homeland Security, as authorized by law, $124,620,000: Provided, That 
not to exceed $40,000 shall be for official reception and 
representation expenses.

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701-705 of the Homeland Security 
Act of 2002 (6 U.S.C. 341-345), $146,322,000: Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount provided, 
$26,070,000 shall remain available until expended solely for the 
alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations.

          Department of Homeland Security Working Capital Fund

                         (rescission of funds)

    Of the unobligated balances available in the ``Department of 
Homeland Security Working Capital Fund'', $12,000,000 are rescinded.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), $18,325,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security Act of 
2002 (6 U.S.C. 113), and Department-wide technology investments, 
$286,540,000; of which $75,756,000 shall be available for salaries and 
expenses; and of which $210,784,000 shall be available for development 
and acquisition of information technology equipment, software, 
services, and related activities for the Department of Homeland 
Security, and for the costs of conversion to narrowband communications, 
including the cost for operation of the land mobile radio legacy 
systems, to remain available until expended: Provided, That of the 
funds made available until expended under this heading, no more than 
$33,029,000 shall be for the Homeland Secure Data Network: Provided 
further, That none of the funds appropriated shall be used to support 
or supplement the appropriations provided for the United States Visitor 
and Immigrant Status Indicator Technology project or the Automated 
Commercial Environment: Provided further, That the Chief Information 
Officer shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives, not more than 60 days after enactment 
of the Act, an expenditure plan for all information technology projects 
that: (1) are funded by the ``Office of the Chief Information 
Officer'', or (2) are funded by multiple components of the Department 
of Homeland Security through reimbursable agreements: Provided further, 
That such expenditure plan shall include each specific project funded, 
key milestones, all funding sources for each project, details of annual 
and lifecycle costs, and projected cost savings or cost avoidance to be 
achieved by the project: Provided further, That the expenditure plan 
shall include a complete list of all legacy systems operational as of 
March 1, 2003; the current operational status of each system; and the 
plan for continued operation or termination of each system.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $83,017,000, of which not to exceed $100,000 may be used 
for certain confidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   BORDER AND TRANSPORTATION SECURITY

  Office of the Under Secretary for Border and Transportation Security

                         salaries and expenses

    For necessary expenses of the Office of the Under Secretary for 
Border and Transportation Security, as authorized by subtitle A of 
title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), 
$9,617,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

    united states visitor and immigrant status indicator technology

    For necessary expenses for the development of the United States 
Visitor and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Reform and 
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note), 
$340,000,000, to remain available until expended: Provided, That of the 
total amount made available under this heading, $159,658,000 may not be 
obligated for the United States Visitor and Immigrant Status Indicator 
Technology project until the Committees on Appropriations of the Senate 
and the House of Representatives receive and approve a plan for 
expenditure prepared by the Secretary of Homeland Security that:
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.

                     Customs and Border Protection

                         salaries and expenses

                    (including rescission of funds)

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,922,600,000; of which $3,000,000 shall be derived from the Harbor 
Maintenance Trust Fund for administrative expenses related to the 
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 
(6 U.S.C. 551(e)(1)); of which not to exceed $35,000 shall be for 
official reception and representation expenses; of which not less than 
$146,560,000 shall be for Air and Marine Operations; of which not to 
exceed $49,980,000 shall remain available until September 30, 2007, for 
inspection and surveillance technology, unmanned aerial vehicles, and 
replacement aircraft; of which such sums as become available in the 
Customs User Fee Account, except sums subject to section 13031(f)(3) of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account; of which not to exceed 
$150,000 shall be available for payment for rental space in connection 
with preclearance operations; of which not to exceed $1,000,000 shall 
be for awards of compensation to informants, to be accounted for solely 
under the certificate of the Secretary of Homeland Security; and of 
which not to exceed $5,000,000 shall be available for payments or 
advances arising out of contractual or reimbursable agreements with 
State and local law enforcement agencies while engaged in cooperative 
activities related to immigration: Provided, That for fiscal year 2006, 
the overtime limitation prescribed in section 5(c)(1) of the Act of 
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and 
notwithstanding any other provision of law, none of the funds 
appropriated in this Act may be available to compensate any employee of 
United States Customs and Border Protection for overtime, from whatever 
source, in an amount that exceeds such limitation, except in individual 
cases determined by the Secretary of Homeland Security, or the designee 
of the Secretary, to be necessary for national security purposes, to 
prevent excessive costs, or in cases of immigration emergencies.
    In addition, of the funds appropriated under the heading ``Customs 
and Border Protection'' in chapter 6 of title I of Public Law 108-11 
(117 Stat. 581), $14,400,000 are rescinded.

                        automation modernization

    For expenses for customs and border protection automated systems, 
$458,009,000, to remain available until expended, of which not less 
than $321,690,000 shall be for the development of the Automated 
Commercial Environment: Provided, That none of the funds made available 
under this heading may be obligated for the Automated Commercial 
Environment until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that:
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security's 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, and other related equipment of 
the air and marine program, including operational training and mission-
related travel, and rental payments for facilities occupied by the air 
or marine interdiction and demand reduction programs, the operations of 
which include the following: the interdiction of narcotics and other 
goods; the provision of support to Federal, State, and local agencies 
in the enforcement or administration of laws enforced by the Department 
of Homeland Security; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, and 
local agencies in other law enforcement and emergency humanitarian 
efforts, $320,580,000, to remain available until expended: Provided, 
That no aircraft or other related equipment, with the exception of 
aircraft that are one of a kind and have been identified as excess to 
United States Customs and Border Protection requirements and aircraft 
that have been damaged beyond repair, shall be transferred to any other 
Federal agency, department, or office outside of the Department of 
Homeland Security during fiscal year 2006 without the prior approval of 
the Committees on Appropriations of the Senate and the House of 
Representatives.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$311,381,000, to remain available until expended: Provided, That of the 
total amount provided under this heading, $55,000,000 shall be 
available solely for the completion of the San Diego Sector fence and 
$55,000,000 shall be available solely for Tuscon sector tactical 
infrastructure.

                  Immigration and Customs Enforcement

                         salaries and expenses

    For necessary expenses for enforcement of immigration and customs 
laws, detention and removals, and investigations; and purchase and 
lease of up to 2,300 (2,000 for replacement only) police-type vehicles, 
$3,050,416,000, of which not to exceed $5,000,000 shall be available 
until expended for conducting special operations pursuant to section 
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which 
not to exceed $15,000 shall be for official reception and 
representation expenses; of which not to exceed $1,000,000 shall be for 
awards of compensation to informants, to be accounted for solely under 
the certificate of the Secretary of Homeland Security; of which not 
less than $102,000 shall be for promotion of public awareness of the 
child pornography tipline; of which not less than $203,000 shall be for 
Project Alert; and of which not to exceed $11,216,000 shall be 
available to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
illegal aliens: Provided, That none of the funds made available under 
this heading shall be available to compensate any employee for overtime 
in an annual amount in excess of $35,000, except that the Secretary of 
Homeland Security, or the designee of the Secretary, may waive that 
amount as necessary for national security purposes and in cases of 
immigration emergencies: Provided further, That of the total amount 
provided, $15,770,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2006, of which not to exceed 
$6,000,000 shall remain available until expended.

                          federal air marshals

    For necessary expenses of the Federal Air Marshals, $678,994,000.

                       federal protective service

    The revenues and collections of security fees credited to this 
account, not to exceed $487,000,000, shall be available until expended 
for necessary expenses related to the protection of federally-owned and 
leased buildings and for the operations of the Federal Protective 
Service.

                        automation modernization

    For expenses of immigration and customs enforcement automated 
systems, $50,150,000, to remain available until expended: Provided, 
That none of the funds made available under this heading may be 
obligated until the Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for expenditure 
prepared by the Secretary of Homeland Security that:
            (1) meets the capital planning and investment control 
        review requirements established by the Office of Management and 
        Budget, including Circular A-11, part 7;
            (2) complies with the Department of Homeland Security 
        enterprise information systems architecture;
            (3) complies with the acquisition rules, requirements, 
        guidelines, and systems acquisition management practices of the 
        Federal Government;
            (4) includes a certification by the Chief Information 
        Officer of the Department of Homeland Security that an 
        independent verification and validation agent is currently 
        under contract for the project;
            (5) is reviewed and approved by the Department of Homeland 
        Security Investment Review Board, the Secretary of Homeland 
        Security, and the Office of Management and Budget; and
            (6) is reviewed by the Government Accountability Office.

                              construction

    For necessary expenses to plan, construct, renovate, equip, and 
maintain buildings and facilities necessary for the administration and 
enforcement of the laws relating to customs and immigration, 
$26,546,000, to remain available until expended.

                 Transportation Security Administration

                           aviation security

    For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security services 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,452,318,000, to remain 
available until September 30, 2007, of which not to exceed $3,000 shall 
be for official reception and representation expenses: Provided, That 
of the total amount made available under this heading, not to exceed 
$3,391,948,000 shall be for screening operations, of which $180,000,000 
shall be available only for procurement of checked baggage explosive 
detection systems and $14,000,000 shall be available only for 
installation of checked baggage explosive detection systems; and not to 
exceed $1,060,370,000 shall be for aviation security direction and 
enforcement presence: Provided further, That security service fees 
authorized under section 44940 of title 49, United States Code, shall 
be credited to this appropriation as offsetting collections: Provided 
further, That the sum herein appropriated from the General Fund shall 
be reduced on a dollar-for-dollar basis as such offsetting collections 
are received during fiscal year 2006, so as to result in a final fiscal 
year appropriation from the General Fund estimated at not more than 
$2,462,318,000: Provided further, That any security service fees 
collected in excess of the amount made available under this heading 
shall become available during fiscal year 2007: Provided further, That 
if the Secretary of Homeland Security exercises discretion to set the 
fee under 44940(a)(2) of title 49 United States Code, such 
determination shall not be subject to judicial review: Provided 
further, That notwithstanding section 503 of this Act, the 
Transportation Security Administration may reallocate funding provided 
under this heading from passenger and baggage screener pay, 
compensation, and benefits to procurement and installation of screening 
technology with fifteen days advance notification to the Committees on 
Appropriations of the Senate and House of Representatives: Provided 
further, That notwithstanding section 44923 of title 49, United States 
Code, the share of the cost of the Federal Government for a project 
under any letter of intent shall be 75 percent for any medium or large 
hub airport: Provided further, That heads of Federal agencies and 
commissions shall not be exempt from Federal passenger and baggage 
screening: Provided further, That reimbursement for security services 
and related equipment and supplies provided in support of general 
aviation access to the Ronald Reagan Washington National Airport shall 
be credited to this appropriation and shall be available until expended 
solely for these purposes.

                    surface transportation security

    For necessary expenses of the Transportation Security 
Administration related to providing surface transportation activities, 
$36,000,000.

                transportation vetting and credentialing

    For necessary expenses for the development and implementation of 
screening programs by the Office of Transportation Vetting and 
Credentialing, $74,996,000.

                    transportation security support

    For necessary expenses of the Transportation Security 
Administration related to providing security support and intelligence 
pursuant to the Aviation and Transportation Security Act (Public Law 
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $491,873,000.

                       United States Coast Guard

                           operating expenses

                    (including rescission of funds)

    For necessary expenses for the operation and maintenance of the 
United States Coast Guard not otherwise provided for, purchase or lease 
of not to exceed 25 passenger motor vehicles for replacement only, 
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 
note) and recreation and welfare, $5,476,046,000, of which 
$1,200,000,000 shall be for defense-related activities; of which 
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $3,000 shall 
be for official reception and representation expenses: Provided, That 
none of the funds made available by this or any other Act shall be 
available for administrative expenses in connection with shipping 
commissioners in the United States: Provided further, That none of the 
funds made available by this Act shall be for expenses incurred for 
yacht documentation under section 12109 of title 46, United States 
Code, except to the extent fees are collected from yacht owners and 
credited to this appropriation.
    In addition, of the funds appropriated under this heading in Public 
Law 108-11 (117 Stat. 583), $16,800,000 are rescinded.

                environmental compliance and restoration

    For necessary expenses to carry out the environmental compliance 
and restoration functions of the United States Coast Guard under 
chapter 19 of title 14, United States Code, $12,000,000, to remain 
available until expended.

                            reserve training

    For necessary expenses of the Coast Guard Reserve, as authorized by 
law; operations and maintenance of the reserve program; personnel and 
training costs; and equipment and services; $119,000,000.

              acquisition, construction, and improvements

                    (including rescissions of funds)

    For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, and 
aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law, $1,224,800,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $18,500,000 shall be available until 
September 30, 2010, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $105,000,000 shall be 
available until September 30, 2008, for other equipment; of which 
$39,700,000 shall be available until September 30, 2008, for shore 
facilities and aids to navigation facilities; of which $73,000,000 
shall be available for personnel compensation and benefits and related 
costs; and of which $988,600,000 shall be available until September 30, 
2010, for the Integrated Deepwater Systems program: Provided, That the 
Commandant of the Coast Guard is authorized to dispose of surplus real 
property, by sale or lease, and the proceeds shall be credited to this 
appropriation as offsetting collections and shall be available until 
September 30, 2008.
    In addition, of the funds made available under this heading in 
Public Law 108-334 (118 Stat. 1306) for covert aircraft, $13,999,000 
are rescinded; and of the funds appropriated under this heading in 
Public Laws 108-334 (118 Stat. 1306) and 108-90 (117 Stat. 1143) for 
patrol boat (110 foot to 123 foot conversion) and Fast Response Cutter/
110-123 foot patrol boat conversion, $68,999,000 are rescinded.

                         alteration of bridges

    For necessary expenses for alteration or removal of obstructive 
bridges as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C. 
516), $15,000,000, to remain available until expended.

              research, development, test, and evaluation

    For necessary expenses for applied scientific research, 
development, test, and evaluation, and for maintenance, rehabilitation, 
lease and operation of facilities and equipment, as authorized by law, 
$18,500,000, to remain available until expended, of which $2,000,000 
shall be derived from the Oil Spill Liability Trust Fund to carry out 
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used 
for the purposes of this appropriation funds received from State and 
local governments, other public authorities, private sources, and 
foreign countries, for expenses incurred for research, development, 
testing, and evaluation.

                              retired pay

    For retired pay, including the payment of obligations otherwise 
chargeable to lapsed appropriations for this purpose, payments under 
the Retired Serviceman's Family Protection and Survivor Benefits Plans, 
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization 
Act, and payments for medical care of retired personnel and their 
dependents under chapter 55 of title 10, United States Code, 
$1,014,080,000.

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 614 vehicles for police-type use, 
which shall be for replacement only, and hire of passenger motor 
vehicles; purchase of American-made motorcycles; hire of aircraft; 
services of expert witnesses at such rates as may be determined by the 
Director of the Secret Service; rental of buildings in the District of 
Columbia, and fencing, lighting, guard booths, and other facilities on 
private or other property not in Government ownership or control, as 
may be necessary to perform protective functions; payment of per diem 
or subsistence allowances to employees where a protective assignment 
during the actual day or days of the visit of a protectee requires an 
employee to work 16 hours per day or to remain overnight at a post of 
duty; conduct of and participation in firearms matches; presentation of 
awards; travel of Secret Service employees on protective missions 
without regard to the limitations on such expenditures in this or any 
other Act if approval is obtained in advance from the Committees on 
Appropriations of the Senate and the House of Representatives; research 
and development; grants to conduct behavioral research in support of 
protective research and operations; and payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; $1,188,638,000, of which not to exceed $25,000 shall be for 
official reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; of 
which $2,100,000 shall be for forensic and related support of 
investigations of missing and exploited children; and of which 
$5,000,000 shall be a grant for activities related to the 
investigations of missing and exploited children and shall remain 
available until expended: Provided, That up to $18,000,000 provided for 
protective travel shall remain available until September 30, 2007: 
Provided further, That the United States Secret Service is authorized 
to obligate funds in anticipation of reimbursements from Federal 
agencies and entities, as defined in section 105 of title 5, United 
States Code, receiving training sponsored by the James J. Rowley 
Training Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under this 
heading at the end of the fiscal year.

     acquisition, construction, improvements, and related expenses

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

                  TITLE III--PREPAREDNESS AND RECOVERY

   Office of State and Local Government Coordination and Preparedness

                     management and administration

    For necessary expenses for the Office of State and Local Government 
Coordination and Preparedness, $3,546,000: Provided, That not to exceed 
$2,000 shall be for official reception and representation expenses.

                        state and local programs

    For grants, contracts, cooperative agreements, and other 
activities, including grants to State and local governments for 
terrorism prevention activities, notwithstanding any other provision of 
law, $2,694,300,000, which shall be allocated as follows:
            (1) $1,518,000,000 for State and local grants, of which 
        $425,000,000 shall be allocated such that each State and 
        territory shall receive the same dollar amount for the State 
        minimum as was distributed in fiscal year 2005 for formula-
        based grants: Provided, That the balance shall be allocated by 
        the Secretary of Homeland Security to States, urban areas, or 
        regions based on risks; threats; vulnerabilities; and unmet 
        essential capabilities pursuant to Homeland Security 
        Presidential Directive 8 (HSPD-8).
            (2) $400,000,000 for law enforcement terrorism prevention 
        grants, of which $155,000,000 shall be allocated such that each 
        State and territory shall receive the same dollar amount for 
        the State minimum as was distributed in fiscal year 2005 for 
        law enforcement terrorism prevention grants: Provided, That the 
        balance shall be allocated by the Secretary to States based on 
        risks; threats; vulnerabilities; and unmet essential 
        capabilities pursuant to HSPD-8.
            (3) $365,000,000 for discretionary transportation and 
        infrastructure grants, as determined by the Secretary, of 
        which--
                    (A) $200,000,000 shall be for port security grants 
                pursuant to the purposes of 46 United States Code 
                70107(a) through (h), which shall be awarded based on 
                threat notwithstanding subsection (a), for eligible 
                costs as defined in subsections (b)(2)-(4);
                    (B) $5,000,000 shall be for trucking industry 
                security grants;
                    (C) $10,000,000 shall be for intercity bus security 
                grants;
                    (D) $100,000,000 shall be for intercity passenger 
                rail transportation (as defined in section 24102 of 
                title 49, United States Code), freight rail, and 
                transit security grants; and
                    (E) $50,000,000 shall be for buffer zone protection 
                plan grants.
            (4) $50,000,000 for the technology transfer program.
            (5) $40,000,000 for State grants pursuant to section 204(a) 
        of the REAL ID Act of 2005 (Division B of Public Law 109-13), 
        to remain available until expended, as determined by the 
        Secretary: Provided, That none of the funds made available 
        under this paragraph may be obligated or allocated for grants 
        until the Committees on Appropriations of the Senate and the 
        House of Representatives receive and approve an implementation 
        plan for the responsibilities of the Department of Homeland 
        Security under the REAL ID Act of 2005 (Division B of Public 
        Law 109-13), including the proposed uses of the grant monies.
            (6) $321,300,000 for training, exercises, technical 
        assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided for 
grants under this heading shall be available for program 
administration: Provided further, That the Government Accountability 
Office shall review the validity of the threat and risk factors used by 
the Secretary for the purposes of allocating discretionary grants 
funded under this heading, and the application of those factors in the 
allocation of funds prior to the Department making final grant 
determinations: Provided further, That the Government Accountability 
Office shall have 20 days to complete its review after it is notified 
by the Secretary that preliminary determinations have been made, and 
the Government Accountability Office shall report to the Committees on 
Appropriations of the Senate and the House of Representatives on the 
findings of its review prior to the Department making final grant 
determinations: Provided further, That none of the grants provided 
under this heading shall be used for construction or renovation of 
facilities, except for a minor perimeter security project, not to 
exceed $1,000,000, as determined necessary by the Secretary: Provided 
further, That the preceding proviso shall not apply to grants under 
subparagraphs (A), (D), and (E) of paragraph (3) under this heading: 
Provided further, That grantees shall provide additional reports on 
their use of funds, as determined necessary by the Secretary: Provided 
further, That funds appropriated for discretionary grants under 
paragraph (1) and law enforcement terrorism prevention grants under 
paragraph (2) of this heading shall be available for operational costs, 
to include personnel overtime and overtime associated with Office of 
State and Local Government Coordination and Preparedness certified 
training, as needed: Provided further, That notwithstanding any other 
provision of law, funds appropriated under paragraphs (1), (2), and (3) 
of this heading are exempt from section 6503(a) of title 31, United 
States Code: Provided further, That of the funds provided under 
paragraph (1) of this heading, $25,000,000 shall be available until 
expended for assistance to organizations (as described under section 
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax 
section 501(a) of such Code) determined by the Secretary to be at high-
risk of international terrorist attack, and that these determinations 
shall not be delegated to any Federal, State, or local government 
official: Provided further, That the Secretary shall certify to the 
Committees on Appropriations of the Senate and the House of 
Representatives the threat to each designated tax exempt grantee at 
least 3 full business days in advance of the announcement of any grant 
award.

                     firefighter assistance grants

    For necessary expenses for programs authorized by the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 
$615,000,000, of which $550,000,000 shall be available to carry out 
section 33 (15 U.S.C. 2229) and $65,000,000 shall be available to carry 
out section 34 (15 U.S.C. 2229a) of such Act, to remain available until 
September 30, 2007: Provided, That not to exceed 5 percent of this 
amount shall be available for program administration.

                emergency management performance grants

    For necessary expenses for emergency management performance grants, 
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 
No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Provided, That total 
administrative costs shall not exceed 3 percent of the total 
appropriation.

                         Counterterrorism Fund

    For necessary expenses, as determined by the Secretary of Homeland 
Security, to reimburse any Federal agency for the costs of providing 
support to counter, investigate, or respond to unexpected threats or 
acts of terrorism, including payment of rewards in connection with 
these activities, $5,000,000, to remain available until expended: 
Provided, That the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives 15 days 
prior to the obligation of any amount of these funds in accordance with 
section 503 of this Act.

                  EMERGENCY PREPAREDNESS AND RESPONSE

 Office of the Under Secretary for Emergency Preparedness and Response

    For necessary expenses for the Office of the Under Secretary for 
Emergency Preparedness and Response, as authorized by section 502 of 
the Homeland Security Act of 2002 (6 U.S.C. 312), $4,306,000.

            preparedness, mitigation, response, and recovery

                    (including rescission of funds)

    For necessary expenses for preparedness, mitigation, response, and 
recovery activities of Emergency Preparedness and Response, 
$203,499,000, including activities authorized by the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), 
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et 
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et 
seq.), sections 107 and 303 of the National Security Act of 1947 (50 
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), 
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, 
That of the total amount made available under this heading, $30,000,000 
shall be for Urban Search and Rescue Teams, of which not to exceed 
$1,600,000 may be made available for administrative costs.
    In addition, of the funds appropriated under this heading in Public 
Law 108-334 (118 Stat. 1311), $9,600,000 are rescinded.

                 administrative and regional operations

    For necessary expenses for administrative and regional operations 
of Emergency Preparedness and Response, $216,441,000, including 
activities authorized by the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405), 
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses.

                         public health programs

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

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2006, as 
authorized in title III of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the 
amounts anticipated by the Department of Homeland Security necessary 
for its radiological emergency preparedness program for the next fiscal 
year: Provided, That the methodology for assessment and collection of 
fees shall be fair and equitable and shall reflect costs of providing 
such services, including administrative costs of collecting such fees: 
Provided further, That fees received under this heading shall be 
deposited in this account as offsetting collections and will become 
available for authorized purposes on October 1, 2006, and remain 
available until expended.

                            disaster relief

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$2,000,000,000, to remain available until expended.

            disaster assistance direct loan program account

    For administrative expenses to carry out the direct loan program, 
as authorized by section 319 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5162), $567,000: Provided, That 
gross obligations for the principal amount of direct loans shall not 
exceed $25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a).

                      flood map modernization fund

    For necessary expenses pursuant to section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such 
additional sums as may be provided by State and local governments or 
other political subdivisions for cost-shared mapping activities under 
section 1360(f)(2) of such Act, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3 percent of 
the total appropriation.

                     national flood insurance fund

                     (including transfer of funds)

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries and 
expenses associated with flood mitigation and flood insurance 
operations; and not to exceed $87,358,000 for flood hazard mitigation, 
to remain available until September 30, 2007, including up to 
$28,000,000 for expenses under section 1366 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4104c), which amount shall be 
available for transfer to the National Flood Mitigation Fund until 
September 30, 2007, and which amount shall be derived from offsetting 
collections assessed and collected pursuant to section 1307 of that Act 
(42 U.S.C. 4014), and shall be retained and used for necessary expenses 
under this heading: Provided, That in fiscal year 2006, no funds in 
excess of: (1) $55,000,000 for operating expenses; (2) $660,148,000 for 
commissions and taxes of agents; and (3) $30,000,000 for interest on 
Treasury borrowings shall be available from the National Flood 
Insurance Fund.

                     national flood mitigation fund

    Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and 
subsection (f), of section 1366 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c), $28,000,000, to remain available until 
September 30, 2007, for activities designed to reduce the risk of flood 
damage to structures pursuant to such Act, of which $28,000,000 shall 
be derived from the National Flood Insurance Fund.

                  national predisaster mitigation fund

    For a predisaster mitigation grant program under title II of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5131 et seq.), $37,000,000, to remain available until expended: 
Provided, That grants made for predisaster mitigation shall be awarded 
on a competitive basis subject to the criteria in section 203(g) of 
such Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of 
such Act, shall be made without reference to State allocations, quotas, 
or other formula-based allocation of funds: Provided further, That 
total administrative costs shall not exceed 3 percent of the total 
appropriation.

                       emergency food and shelter

    To carry out an emergency food and shelter program pursuant to 
title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 
11331 et seq.), $153,000,000, to remain available until expended: 
Provided, That total administrative costs shall not exceed 3.5 percent 
of the total appropriation.

TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

           United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, 
$80,000,000.

                Federal Law Enforcement Training Center

                         salaries and expenses

    For necessary expenses of the Federal Law Enforcement Training 
Center, including materials and support costs of Federal law 
enforcement basic training; purchase of not to exceed 117 vehicles for 
police-type use and hire of passenger motor vehicles; expenses for 
student athletic and related activities; the conduct of and 
participation in firearms matches and presentation of awards; public 
awareness and enhancement of community support of law enforcement 
training; room and board for student interns; a flat monthly 
reimbursement to employees authorized to use personal mobile phones for 
official duties; and services as authorized by section 3109 of title 5, 
United States Code; $194,000,000, of which up to $36,174,000 for 
materials and support costs of Federal law enforcement basic training 
shall remain available until September 30, 2007; and of which not to 
exceed $12,000 shall be for official reception and representation 
expenses: Provided, That the Center is authorized to obligate funds in 
anticipation of reimbursements from agencies receiving training 
sponsored by the Center, except that total obligations at the end of 
the fiscal year shall not exceed total budgetary resources available at 
the end of the fiscal year: Provided further, That in fiscal year 2006 
and thereafter, the Director of the Federal Law Enforcement Training 
Center is authorized to assess pecuniary liability against Center 
employees and students for losses or destruction of Government property 
due to gross negligence or willful misconduct and to set off any 
resulting debts due the United States by Center employees and students, 
without their consent, against current payments due the employees and 
students for their services.

     acquisitions, construction, improvements, and related expenses

    For acquisition of necessary additional real property and 
facilities, construction, and ongoing maintenance, facility 
improvements, and related expenses of the Federal Law Enforcement 
Training Center, $88,358,000, to remain available until expended: 
Provided, That the Center is authorized to accept reimbursement to this 
appropriation from Government agencies requesting the construction of 
special use facilities.

           Information Analysis and Infrastructure Protection

                     management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Information Analysis and Infrastructure Protection and 
for management and administration of programs and activities, as 
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.), $168,769,000: Provided, That not to exceed $5,000 shall 
be for official reception and representation expenses.

                      assessments and evaluations

    For necessary expenses for information analysis and infrastructure 
protection as authorized by title II of the Homeland Security Act of 
2002 (6 U.S.C. 121 et seq.), $701,793,000, to remain available until 
September 30, 2007.

                         Science and Technology

                     management and administration

    For salaries and expenses of the immediate Office of the Under 
Secretary for Science and Technology and for management and 
administration of programs and activities, as authorized by title III 
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), 
$81,099,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

           research, development, acquisition, and operations

    For necessary expenses for science and technology research, 
including advanced research projects; development; test and evaluation; 
acquisition; and operations; as authorized by title III of the Homeland 
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,372,399,000, to remain 
available until expended: Provided, That of the total amount made 
available under this heading, $127,314,000 shall be for the Domestic 
Nuclear Detection Office, of which $112,314,000 shall not be available 
for obligation until the Secretary of Homeland Security submits a 
staffing and management plan and an expenditure plan for the office and 
the global systems architecture, to include multi-year costs, that has 
been reviewed by the Government Accountability Office and approved by 
the Committees on Appropriations of the Senate and the House of 
Representatives: Provided further, That of the total funds made 
available under this heading, $125,000,000 is solely for the purchase 
and deployment of radiation portal monitors for United States ports-of-
entry and may not be transferred or reprogrammed.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities and amounts allowed in section 6024 
of Public Law 109-13, excluding the Homeland Secure Data Network: 
Provided, That any additional activities and amounts must be approved 
by the Committees on Appropriations of the Senate and the House of 
Representatives 30 days in advance of obligation.
    Sec. 503. (a) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred to the 
Department of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2006, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by the Congress; (4) proposes to 
use funds directed for a specific activity by either of the Committees 
on Appropriations of the Senate or House of Representatives for a 
different purpose; or (5) contracts out any functions or activities for 
which funds have been appropriated for Federal full-time equivalent 
positions; unless the Committees on Appropriations of the Senate and 
the House of Representatives are notified 15 days in advance of such 
reprogramming of funds.
    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or 
expenditure in fiscal year 2006, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as approved 
by the Congress; or (3) results from any general savings from a 
reduction in personnel that would result in a change in existing 
programs, projects, or activities as approved by the Congress; unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such reprogramming 
of funds.
    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriations, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers: Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) of this section and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protection of 
property.
    (e) Notwithstanding any other provision of law, notifications 
pursuant to this section or any other authority for reprogramming or 
transfer of funds shall be made solely to the Committees on 
Appropriations of the Senate and the House of Representatives.
    Sec. 504. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2006 from appropriations for salaries and expenses 
for fiscal year 2006 in this Act shall remain available through 
September 30, 2007, in the account and for the purposes for which the 
appropriations were provided: Provided, That prior to the obligation of 
such funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives for 
approval in accordance with section 503 of this Act.
    Sec. 505. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2006 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2006.
    Sec. 506. None of the funds in this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
to issue a letter of intent totaling in excess of $1,000,000, or to 
announce publicly the intention to make such an award, unless the 
Secretary of Homeland Security notifies the Committees on 
Appropriations of the Senate and the House of Representatives at least 
3 full business days in advance: Provided, That no notification shall 
involve funds that are not available for obligation.
    Sec. 507. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and the 
House of Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of additional 
facilities by lease, contract, or other agreement for training which 
cannot be accommodated in existing Center facilities.
    Sec. 508. The Director of the Federal Law Enforcement Training 
Center shall schedule basic and/or advanced law enforcement training at 
all four training facilities under the control of the Federal Law 
Enforcement Training Center to ensure that these training centers are 
operated at the highest capacity throughout the fiscal year.
    Sec. 509. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, if 
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not 
been approved, except that necessary funds may be expended for each 
project for required expenses for the development of a proposed 
prospectus.
    Sec. 510. None of the funds in this Act may be used in 
contravention of the applicable provisions of the Buy American Act (41 
U.S.C. 10a et seq.).
    Sec. 511. The Secretary of Homeland Security is directed to 
research, develop, and procure certified systems to inspect and screen 
air cargo on passenger aircraft at the earliest date possible: 
Provided, That until such technology is procured and installed, the 
Secretary shall take all possible actions to enhance the known shipper 
program to prohibit high-risk cargo from being transported on passenger 
aircraft and continue to increase the level of air cargo that is 
inspected beyond the level mandated in section 513 of Public Law 108-
334.
    Sec. 512. Notwithstanding section 3302 of title 31, United States 
Code, for fiscal year 2006 and thereafter, the Administrator of the 
Transportation Security Administration may impose a reasonable charge 
for the lease of real and personal property to Transportation Security 
Administration employees and for use by Transportation Security 
Administration employees and may credit amounts received to the 
appropriation or fund initially charged for operating and maintaining 
the property, which amounts shall be available, without fiscal year 
limitation, for expenditure for property management, operation, 
protection, construction, repair, alteration, and related activities.
    Sec. 513. For fiscal year 2006 and thereafter, the acquisition 
management system of the Transportation Security Administration shall 
apply to the acquisition of services, as well as equipment, supplies, 
and materials.
    Sec. 514. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementation, 
on other than a test basis, of the Secure Flight program or any other 
follow on or successor passenger prescreening programs, until the 
Secretary of Homeland Security certifies, and the Government 
Accountability Office reports, to the Committees on Appropriations of 
the Senate and the House of Representatives, that all ten of the 
elements contained in paragraphs (1) through (10) of section 522(a) of 
Public Law 108-334 (118 Stat. 1319) have been successfully met.
    (b) The report required by subsection (a) shall be submitted within 
90 days after the certification required by such subsection is 
provided, and periodically thereafter, if necessary, until the 
Government Accountability Office confirms that all ten elements have 
been successfully met.
    (c) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air carriers, 
or reservation systems may be used to screen aviation passengers, or 
delay or deny boarding to such passengers, except in instances where 
passenger names are matched to a Government watch list.
    (d) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk to 
passengers whose names are not on Government watch lists.
    (e) None of the funds provided in this or previous appropriations 
Acts may be utilized for a database that is obtained from or remains 
under the control of a non-Federal entity.
    Sec. 515. None of the funds made available in this Act may be used 
to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 516. None of the funds appropriated by this Act may be used to 
process or approve a competition under Office of Management and Budget 
Circular A-76 for services provided as of June 1, 2004, by employees 
(including employees serving on a temporary or term basis) of United 
States Citizenship and Immigration Services of the Department of 
Homeland Security who are known as of that date as Immigration 
Information Officers, Contact Representatives, or Investigative 
Assistants.
    Sec. 517. None of the funds appropriated to the United States 
Secret Service by this Act or by previous appropriations Acts may be 
made available for the protection of the head of a Federal agency other 
than the Secretary of Homeland Security: Provided, That the Director of 
the United States Secret Service may enter into an agreement to perform 
such service on a fully reimbursable basis.
    Sec. 518. The Department of Homeland Security processing and data 
storage facilities at the John C. Stennis Space Center shall hereafter 
be known as the ``National Center for Critical Information Processing 
and Storage''.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2006''.
                                                       Calendar No. 129

109th CONGRESS

  1st Session

                               H.R. 2360

                          [Report No. 109-83]

_______________________________________________________________________

                                 AN ACT

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2006, and for other purposes.

_______________________________________________________________________

                              May 18, 2005

  Received; read twice and referred to the Committee on Appropriations

                             June 16, 2005

                       Reported with an amendment
```