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

                                                  Union Calendar No. 38
109th CONGRESS
  1st Session
                                H. R. 2360

                          [Report No. 109-79]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2005

Mr. Rogers of Kentucky, from the Committee on Appropriations, reported 
 the following bill; which was committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

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

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

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

        For necessary expenses of the Office of the Secretary of 
Homeland Security, as authorized by section 102 of the Homeland 
Security Act of 2002 (6 U.S.C. 112), and executive management of the 
Department of Homeland Security, as authorized by law, $133,239,000: 
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.

              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), $146,084,000: Provided, That not to 
exceed $3,000 shall be for official reception and representation 
expenses: Provided further, That of the total amount provided, 
$26,070,000 shall remain available until expended solely for the 
alteration and improvement of facilities, tenant improvements, and 
relocation costs to consolidate Department headquarters operations.

                 Office of the Chief Financial Officer

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

                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, 
$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.

                      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.), 
$10,617,000: Provided, That not to exceed $3,000 shall be for official 
reception and representation expenses.

                        automation modernization

    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:
            (1) $7,000,000 for FAST.
            (2) $14,000,000 for NEXUS/SENTRI.
            (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--
                    (A) meets the capital planning and investment 
                control review requirements established by the Office 
                of Management and Budget, including Circular A-11, part 
                7;
                    (B) complies with the Department of Homeland 
                Security enterprise information systems architecture;
                    (C) complies with the acquisition rules, 
                requirements, guidelines, and systems acquisition 
                management practices of the Federal Government;
                    (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
                    (E) is reviewed by the Government Accountability 
                Office.

                     Customs and Border Protection

                         salaries and expenses

        For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, and agricultural inspections and 
regulatory activities related to plant and animal imports; acquisition, 
lease, maintenance and operation of aircraft; purchase and lease of up 
to 4,500 (3,935 for replacement only) police-type vehicles; and 
contracting with individuals for personal services abroad; 
$4,885,544,000; 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 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.

                        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 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--
            (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) 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
            (5) 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 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.

                              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, 
$93,418,000, to remain available until expended.

                  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, $3,064,081,000, 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.

                          federal air marshals

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

                       federal protective service

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

                        automation modernization

        For expenses of immigration and customs enforcement automated 
systems, $40,150,000, to remain available until expended: Provided, 
That none of the funds 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--
            (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) 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
            (5) 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 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 notwithstanding section 44923 
of title 49, United States Code, the Government's share of the cost of 
a project under any letter of intent shall be 75 percent for any medium 
or large hub airport and 90 percent for any other airport, and all 
funding provided by subsection (h) of such section, or from 
appropriations authorized by subsection (i)(1) of such section, may be 
distributed in any manner deemed necessary to ensure aviation security 
and to fulfill the Government's planned cost share under existing 
letters of intent: Provided further, That none of the funds in this Act 
shall be used to recruit or hire personnel into the Transportation 
Security Administration which would cause the agency to exceed a 
staffing level of 45,000 full-time equivalent screeners.

                    surface transportation security

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

                transportation vetting and credentialing

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

                    transportation security support

        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.

                       United States Coast Guard

                           operating expenses

        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.

                environmental compliance and restoration

        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.

                            reserve training

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

              acquisition, construction, and improvements

        For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore facilities, 
vessels, and aircraft, including equipment related thereto; and 
maintenance, rehabilitation, lease and operation of facilities and 
equipment, as authorized by law, $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--
            (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;
            (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;
            (3) a comparison of the revised acquisition timeline 
        against the original Deepwater timeline;
            (4) an aggregate total cost of the program that aligns with 
        the revised mission needs statement, acquisition timeline and 
        asset-by-asset breakdown;
            (5) a detailed projection of the remaining operational 
        lifespan of every type of legacy cutter and aircraft; and
            (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--
            (1) the proposed appropriation included in that budget;
            (2) the total estimated cost of completion;
            (3) projected funding levels for each fiscal year for the 
        next 5 fiscal years or until project completion, whichever is 
        earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) changes, if any, in the total estimated cost of 
        completion or estimated completion date from previous future-
        years capital investment plans submitted to the Committee on 
        Appropriations of the House of Representatives:
Provided further, That the Secretary shall ensure that amounts 
specified in the future-years capital investment plan are consistent to 
the maximum extent practicable with proposed appropriations necessary 
to support the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of title 31 
for that fiscal year: Provided further, That any inconsistencies 
between the capital investment plan and proposed appropriations shall 
be identified and justified.

                         alteration of bridges

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

                              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; 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.

     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, $2,781,300,000, which shall be allocated as follows:
            (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.
            (2) $1,215,000,000 for discretionary grants, as determined 
        by the Secretary of Homeland Security, of which--
                    (A) $850,000,000 shall be for use in high-threat, 
                high-density urban areas;
                    (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;
                    (C) $5,000,000 shall be for trucking industry 
                security grants;
                    (D) $10,000,000 shall be for intercity bus security 
                grants;
                    (E) $150,000,000 shall be for intercity passenger 
                rail transportation (as defined in section 24102 of 
                title 49, United States Code), freight rail, and 
                transit security grants; and
                    (F) $50,000,000 shall be for buffer zone protection 
                grants:
Provided, That for grants under subparagraph (A), the application for 
grants shall be made available to States within 45 days 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.
            (3) $50,000,000 shall be available for the Commercial 
        Equipment Direct Assistance Program.
            (4) $366,300,000 for training, exercises, technical 
        assistance, and other programs:
Provided, That none of the grants provided under this heading shall be 
used for the construction or renovation of facilities; 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.

                     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.), 
$600,000,000, of which $550,000,000 shall be available to carry out 
section 33 (15 U.S.C. 2229) and $50,000,000 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.

                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 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.

                         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, $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.

                  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), $2,306,000.

            preparedness, mitigation, response, and recovery

        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.).

                 administrative and regional operations

        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.

                         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.), 
$2,023,900,000, to remain available until expended.

            disaster assistance direct loan program account

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

                      flood map modernization fund

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

                     national flood insurance fund

                     (including transfer of funds)

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

                     national flood mitigation fund

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

                 national pre-disaster mitigation fund

        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)), 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

                  Citizenship and Immigration Services

        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.

                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 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, $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.

           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.), $198,200,000: 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.), $663,240,000, 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.), 
$81,399,000: 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.), $1,258,597,000, 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).

                      TITLE V--GENERAL PROVISIONS

                    (including rescission of funds)

        Sec. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
        Sec. 502. Subject to the requirements of section 503 of this 
Act, the unexpended balances of prior appropriations provided for 
activities in this Act may be transferred to appropriation accounts for 
such activities established pursuant to this Act: Provided, That 
balances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one fund 
for the same time period as originally enacted.
        Sec. 503. (a) None of the funds provided by this Act, provided 
by previous appropriations Acts to the agencies in or transferred to 
the Department of Homeland Security that remain available for 
obligation or expenditure in fiscal year 2006, or provided from any 
accounts in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming of 
funds that: (1) creates a new program; (2) eliminates a program, 
project, or activity; (3) increases funds for any program, project, or 
activity for which funds have been denied or restricted by the 
Congress; (4) proposes to use funds directed for a specific activity by 
either 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.
        (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.
        (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.
        (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.
        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. 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.
        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.
        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.
        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.
        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.
        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.).
    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.
        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.
        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.
        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.
        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.
        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.
    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.
    (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 any previous 
appropriations Act 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 appropriations Act may be 
utilized for a database that is obtained from or remains under the 
control of a non-Federal entity.
        Sec. 519. None of the funds made available in this Act may be 
used to amend the oath of allegiance required by section 337 of the 
Immigration and Nationality Act (8 U.S.C. 1448).
        Sec. 520. None of the funds appropriated by this Act may be 
used to process or approve a competition under Office of Management and 
Budget Circular A-76 for services provided as of June 1, 2004, by 
employees (including employees serving on a temporary or term basis) of 
Citizenship and Immigration Services of the Department of Homeland 
Security who are known as of that date as Immigration Information 
Officers, Contact Representatives, or Investigative Assistants.
        Sec. 521. None of the funds 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.
    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.
    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.
    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.
    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.
    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.
    (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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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.
    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''.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2006''.
                                                  Union Calendar No. 38

109th CONGRESS

  1st Session

                               H. R. 2360

                          [Report No. 109-79]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 13, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```