H. R. 2360

One Hundred Ninth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the fourth day of January, two thousand and five 

An Act 

Making appropriations for the Department of Homeland Security for the fiscal 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2006, and for other 

purposes, namely: 

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

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

the Department of Homeland Security, as authorized by law, 

$79,409,000: Provided, That not to exceed $40,000 shall be for 

official reception and representation expenses: Provided further,

That, not more than 180 days from the date of the enactment 

of this Act, the Secretary of Homeland Security shall submit to 

the Committees on Appropriations of the Senate and the House 

of Representatives an integrated immigration enforcement strategy 

to reduce the number of undocumented aliens by ten percent per 

year based on the most recent United States Census Bureau data. 

OFFICE OF SCREENING COORDINATION AND OPERATIONS

For necessary expenses of the Office of Screening Coordination 

and Operations, $4,000,000. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

For necessary expenses of the Office of the Under Secretary 

for Management, as authorized by sections 701–705 of the Homeland Security Act of 2002 (6 U.S.C. 341–345), $168,835,000: Provided, That not to exceed $3,000 shall be for official reception 

and representation expenses: Provided further, That of the total 

amount provided, $26,070,000 shall remain available until expended 

solely for the alteration and improvement of facilities, tenant 

improvements, and relocation costs to consolidate Department headquarters operations. 
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OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), $19,405,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $297,229,000; of which $75,756,000 shall be available for 

salaries and expenses; and of which $221,473,000 shall be available 

for development and acquisition of information technology equipment, software, services, and related activities for the Department 

of Homeland Security, and for the costs of conversion to narrowband 

communications, including the cost for operation of the land mobile 

radio legacy systems, to remain available until expended: Provided,

That none of the funds appropriated shall be used to support 

or supplement the appropriations provided for the United States 

Visitor and Immigrant Status Indicator Technology project or the 

Automated Commercial Environment: Provided further, That the 

Chief Information Officer shall submit to the Committees on Appropriations of the Senate and the House of Representatives, not 

more than 60 days from the date of enactment of this Act, an 

expenditure plan for all information technology projects that: (1) 

are funded by the ‘‘Office of the Chief Information Officer’’; or 

(2) are funded by multiple components of the Department of Homeland Security through reimbursable agreements: Provided further,

That such expenditure plan shall include each specific project 

funded, key milestones, all funding sources for each project, details 

of annual and lifecycle costs, and projected cost savings or cost 

avoidance to be achieved by the project: Provided further, That 

the Chief Information Officer shall submit to the Committees on 

Appropriations of the Senate and the House of Representatives, 

not more than 180 days from the date of enactment of this Act, 

a report that has been approved by the Office of Management 

and Budget and reviewed by the Government Accountability Office 

that includes: (1) an enterprise architecture; (2) an Information 

Technology Human Capital Plan; (3) a capital investment plan 

for implementing the enterprise architecture; and (4) a description 

of the information technology capital planning and investment control process. 

ANALYSIS AND OPERATIONS

For necessary expenses for information analysis and operations 

coordination activities, as authorized by title II of the Homeland 

Security Act of 2002 (6 U.S.C. et seq.), $255,495,000, to remain 

available until September 30, 2007. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978 

(5 U.S.C. App.), $83,017,000, of which not to exceed $100,000 may 

be used for certain confidential operational expenses, including 
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the payment of informants, to be expended at the direction of 

the Inspector General.

TITLE II—SECURITY, ENFORCEMENT, AND 

INVESTIGATIONS 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

For necessary expenses for the development of the United 

States Visitor and Immigrant Status Indicator Technology project, 

as authorized by section 110 of the Illegal Immigration Reform 

and Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note), 

$340,000,000, to remain available until expended: Provided, That 

of the total amount made available under this heading, 

$159,658,000 may not be obligated for the United States Visitor 

and Immigrant Status Indicator Technology project until the 

Committees on Appropriations of the Senate and the House of 

Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that—

(1) meets the capital planning and investment control 

review requirements established by the Office of Management 

and Budget, including Circular A–11, part 7; 

(2) complies with the Department of Homeland Security 

information systems enterprise architecture; 

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the 

Federal Government; 

(4) includes a certification by the Chief Information Officer 

of the Department of Homeland Security that an independent 

verification and validation agent is currently under contract 

for the project; 

(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and 

(6) is reviewed by the Government Accountability Office. 

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to 

border security, immigration, customs, and agricultural inspections 

and regulatory activities related to plant and animal imports; 

acquisition, lease, maintenance and operation of aircraft; purchase 

and lease of up to 4,500 (3,935 for replacement only) police-type 

vehicles; and contracting with individuals for personal services 

abroad; $4,826,323,000; of which $3,000,000 shall be derived from 

the Harbor Maintenance Trust Fund for administrative expenses 

related to the collection of the Harbor Maintenance Fee pursuant 

to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 

U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 

Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 

to exceed $45,000 shall be for official reception and representation 

expenses; of which not less than $163,560,000 shall be for Air 

and Marine Operations; of which such sums as become available 

in the Customs User Fee Account, except sums subject to section 

13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act 
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of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 

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

for rental space in connection with preclearance operations; of which 

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

informants, to be accounted for solely under the certificate of the 

Secretary of Homeland Security: Provided, That for fiscal year 

2006, the overtime limitation prescribed in section 5(c)(1) of the 

Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; 

and notwithstanding any other provision of law, none of the funds 

appropriated by this Act may be available to compensate any 

employee of United States Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of 

Homeland Security, or the designee of the Secretary, to be necessary 

for national security purposes, to prevent excessive costs, or in 

cases of immigration emergencies: Provided further, That of the 

total amount provided, $10,000,000 may not be obligated until 

the Secretary submits to the Committees on Appropriations of the 

Senate and the House of Representatives all required reports 

related to air and marine operations: Provided further, That no 

funds shall be available for the site acquisition, design, or construction of any Border Patrol checkpoint in the Tucson sector: Provided 

further, That the Border Patrol shall relocate its checkpoints in 

the Tucson sector at least once every seven days in a manner 

designed to prevent persons subject to inspection from predicting 

the location of any such checkpoint. 

AUTOMATION MODERNIZATION

For expenses for customs and border protection automated 

systems, $456,000,000, to remain available until expended, of which 

not less than $320,000,000 shall be for the development of the 

Automated Commercial Environment: Provided, That none of the 

funds made available under this heading may be obligated for 

the Automated Commercial Environment until the Committees on 

Appropriations of the Senate and the House of Representatives 

receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that—

(1) meets the capital planning and investment control 

review requirements established by the Office of Management 

and Budget, including Circular A–11, part 7; 

(2) complies with the Department of Homeland Security 

information systems enterprise architecture; 

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the 

Federal Government; 

(4) includes a certification by the Chief Information Officer 

of the Department of Homeland Security that an independent 

verification and validation agent is currently under contract 

for the project; 

(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and 

(6) is reviewed by the Government Accountability Office. 
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AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For necessary expenses for the operations, maintenance, and 

procurement of marine vessels, aircraft, unmanned aerial vehicles, 

and other related equipment of the air and marine program, 

including operational training and mission-related travel, and rental 

payments for facilities occupied by the air or marine interdiction 

and demand reduction programs, the operations of which include 

the following: the interdiction of narcotics and other goods; the 

provision of support to Federal, State, and local agencies in the 

enforcement or administration of laws enforced by the Department 

of Homeland Security; and at the discretion of the Secretary of 

Homeland Security, the provision of assistance to Federal, State, 

and local agencies in other law enforcement and emergency humanitarian efforts, $400,231,000, to remain available until expended: 

Provided, That no aircraft or other related equipment, with the 

exception of aircraft that are one of a kind and have been identified 

as excess to United States Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall 

be transferred to any other Federal agency, department, or office 

outside of the Department of Homeland Security during fiscal year 

2006 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives. 

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $270,000,000, to remain available until expended: Provided,

That of the total amount provided under this heading, $35,000,000 

shall be available for the San Diego sector fence; $35,000,000 shall 

be available for Tucson sector tactical infrastructure; and 

$26,000,000 shall be available for the Advanced Training Center. 

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and 

customs laws, detention and removals, and investigations; and purchase and lease of up to 2,740 (2,000 for replacement only) policetype vehicles; $3,108,499,000, of which not to exceed $7,500,000 

shall be available until expended for conducting special operations 

pursuant to section 3131 of the Customs Enforcement Act of 1986 

(19 U.S.C. 2081); of which not to exceed $15,000 shall be for official 

reception and representation expenses; of which not to exceed 

$1,000,000 shall be for awards of compensation to informants, to 

be accounted for solely under the certificate of the Secretary of 

Homeland Security; of which not less than $102,000 shall be for 

promotion of public awareness of the child pornography tipline; 

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

not less than $5,000,000 may be used to facilitate agreements 

consistent with section 287(g) of the Immigration and Nationality 

Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 

shall be available to fund or reimburse other Federal agencies 

for the costs associated with the care, maintenance, and repatriation 
H. R. 2360—6

of smuggled illegal aliens: Provided, That none of the funds made 

available under this heading shall be available to compensate any 

employee for overtime in an annual amount in excess of $35,000, 

except that the Secretary of Homeland Security, or the designee 

of the Secretary, may waive that amount as necessary for national 

security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall 

be for activities to enforce laws against forced child labor in fiscal 

year 2006, of which not to exceed $6,000,000 shall remain available 

until expended: Provided further, That of the amounts appropriated, 

$5,000,000 shall not be available for obligation until the Secretary 

of Homeland Security submits to the Committees on Appropriations 

of the Senate and the House of Representatives a national detention 

management plan, including the use of regional detention contracts 

and alternatives to detention. 

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this 

account, not to exceed $487,000,000, shall be available until 

expended for necessary expenses related to the protection of federally-owned and leased buildings and for the operations of the Federal Protective Service. 

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $40,150,000, to remain available until expended: 

Provided, That none of the funds made available under this heading 

may be obligated until the Committees on Appropriations of the 

Senate and the House of Representatives receive and approve a 

plan for expenditure prepared by the Secretary of Homeland Security that—

(1) meets the capital planning and investment control 

review requirements established by the Office of Management 

and Budget, including Circular A–11, part 7; 

(2) complies with the Department of Homeland Security 

information systems enterprise architecture; 

(3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the 

Federal Government; 

(4) includes a certification by the Chief Information Officer 

of the Department of Homeland Security that an independent 

verification and validation agent is currently under contract 

for the project; 

(5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and 

(6) is reviewed by the Government Accountability Office. 

CONSTRUCTION

For necessary expenses to plan, construct, renovate, equip, 

and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to customs and immigration, $26,546,000, to remain available until expended. 
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TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant 

to the Aviation and Transportation Security Act (Public Law 107–

71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,607,386,000, to remain 

available until September 30, 2007, of which not to exceed $3,000 

shall be for official reception and representation expenses: Provided,

That of the total amount made available under this heading, not 

to exceed $3,605,438,000 shall be for screening operations, of which 

$175,000,000 shall be available only for procurement of checked 

baggage explosive detection systems and $45,000,000 shall be available only for installation of checked baggage explosive detection 

systems; and not to exceed $1,001,948,000 shall be for aviation 

security direction and enforcement presence: Provided further, That 

security service fees authorized under section 44940 of title 49, 

United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: 

Provided further, That the sum herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis as such 

offsetting collections are received during fiscal year 2006, so as 

to result in a final fiscal year appropriation from the General 

Fund estimated at not more than $2,617,386,000: Provided further,

That any security service fees collected in excess of the amount 

made available under this heading shall become available during 

fiscal year 2007: Provided further, That notwithstanding section 

44923 of title 49, United States Code, the share of the cost of 

the Federal Government for a project under any letter of intent 

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

90 percent for any other airport, and all funding provided by section 

44923(h) of title 49 United States Code, or from appropriations 

authorized under section 44923(i)(1) of title 49 United States Code, 

may be distributed in any manner deemed necessary to ensure 

aviation security and to fulfill the Government’s planned cost share 

under existing letters of intent: Provided further, That heads of 

Federal agencies and commissions shall not be exempt from Federal 

passenger and baggage screening: Provided further, That reimbursement for security services and related equipment and supplies 

provided in support of general aviation access to the Ronald Reagan 

Washington National Airport shall be credited to this appropriation 

and shall be available until expended solely for these purposes: 

Provided further, That none of the funds in this Act shall be 

used to recruit or hire personnel into the Transportation Security 

Administration which would cause the agency to exceed a staffing 

level of 45,000 full-time equivalent screeners. 

SURFACE TRANSPORTATION SECURITY

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

TRANSPORTATION VETTING AND CREDENTIALING

For necessary expenses for the development and implementation of screening programs of the Office of Transportation Vetting 
H. R. 2360—8

and Credentialing, $74,996,000, to remain available until September 

30, 2007. 

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to providing transportation security support and 

intelligence pursuant to the Aviation and Transportation Security 

Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 

$510,483,000, to remain available until September 30, 2007: Provided, That of the funds appropriated under this heading, 

$5,000,000 may not be obligated until the Secretary submits to 

the Committees on Appropriations of the Senate and the House 

of Representatives: (1) a plan for optimally deploying explosive 

detection equipment, either in-line or to replace explosive trace 

detection machines, at the Nation’s airports on a priority basis 

to enhance security, reduce Transportation Security Administration 

staffing requirements, and reduce long-term costs; and (2) a detailed 

expenditure plan for explosive detection systems procurement and 

installations on an airport-by-airport basis for fiscal year 2006: 

Provided further, That these plans shall be submitted no later 

than 60 days from the date of enactment of this Act. 

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, 

$686,200,000. 

UNITED STATES COAST GUARD

OPERATING EXPENSES

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses for the operation and maintenance of 

the United States Coast Guard not otherwise provided for; purchase 

or lease of not to exceed 25 passenger motor vehicles, which shall 

be for replacement only; payments pursuant to section 156 of Public 

Law 97–377 (42 U.S.C. 402 note); and recreation and welfare; 

$5,492,331,000, of which $1,200,000,000 shall be for defense-related 

activities; of which $24,500,000 shall be derived from the Oil Spill 

Liability Trust Fund to carry out the purposes of section 1012(a)(5) 

of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of 

which not to exceed $3,000 shall be for official reception and representation expenses: Provided, That none of the funds made available by this or any other Act shall be available for administrative 

expenses in connection with shipping commissioners in the United 

States: Provided further, That none of the funds made available 

by this Act shall be for expenses incurred for yacht documentation 

under section 12109 of title 46, United States Code, except to 

the extent fees are collected from yacht owners and credited to 

this appropriation. 

In addition, of the funds appropriated under this heading in 

Public Law 108–11 (117 Stat. 583), $15,103,569 are rescinded. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the United States Coast Guard 
H. R. 2360—9

under chapter 19 of title 14, United States Code, $12,000,000, 

to remain available until expended. 

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program; 

personnel and training costs; and equipment and services; 

$119,000,000. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation, 

and improvement of aids to navigation, shore facilities, vessels, 

and aircraft, including equipment related thereto; and maintenance, 

rehabilitation, lease and operation of facilities and equipment, as 

authorized by law; $1,141,800,000, of which $20,000,000 shall be 

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

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 

(33 U.S.C. 2712(a)(5)); of which $18,500,000 shall be available until 

September 30, 2010, to acquire, repair, renovate, or improve vessels, 

small boats, and related equipment; of which $20,000,000 shall 

be available until September 30, 2010, to increase aviation capability; of which $65,000,000 shall be available until September 

30, 2008, for other equipment; of which $31,700,000 shall be available until September 30, 2008, for shore facilities and aids to 

navigation facilities; of which $73,500,000 shall be available for 

personnel compensation and benefits and related costs; and of which 

$933,100,000 shall be available until September 30, 2010, for the 

Integrated Deepwater Systems program: Provided, That the Commandant of the Coast Guard is authorized to dispose of surplus 

real property, by sale or lease, and the proceeds shall be credited 

to this appropriation as offsetting collections and shall be available 

until September 30, 2008: Provided further, That the Secretary 

of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction 

with the President’s fiscal year 2007 budget, a review of the Revised 

Deepwater Implementation Plan that identifies any changes to 

the plan for the fiscal year; an annual performance comparison 

of Deepwater assets to pre-Deepwater legacy assets; a status report 

of legacy assets; a detailed explanation of how the costs of legacy 

assets are being accounted for within the Deepwater program; an 

explanation of why many assets that are elements of the Integrated 

Deepwater System are not accounted for within the Deepwater 

appropriation under this heading; a description of the competitive 

process conducted in all contracts and subcontracts exceeding 

$5,000,000 within the Deepwater program; a description of how 

the Coast Guard is planning for the human resource needs of 

Deepwater assets; and the earned value management system gold 

card data for each Deepwater asset: Provided further, That the 

Secretary shall submit to the Committees on Appropriations of 

the Senate and the House of Representatives a comprehensive 

review of the Revised Deepwater Implementation Plan every five 

years, beginning in fiscal year 2011, that includes a complete projection of the acquisition costs and schedule for the duration of the 

plan through fiscal year 2027: Provided further, That the Secretary 

shall annually submit to the Committees on Appropriations of the 

Senate and the House of Representatives, at the time that the 
H. R. 2360—10

President’s budget is submitted under section 1105(a) of title 31, 

a future-years capital investment plan for the Coast Guard that 

identifies for each capital budget line item—

(1) the proposed appropriation included in that budget; 

(2) the total estimated cost of completion; 

(3) projected funding levels for each fiscal year for the 

next five fiscal years or until project completion, whichever 

is earlier; 

(4) an estimated completion date at the projected funding 

levels; and 

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

or estimated completion date from previous future-years capital 

investment plans submitted to the Committees on Appropriations of the Senate and the House of Representatives: 

Provided further, That the Secretary shall ensure that amounts 

specified in the future-years capital investment plan are consistent 

to the maximum extent practicable with proposed appropriations 

necessary to support the programs, projects, and activities of the 

Coast Guard in the President’s budget as submitted under section 

1105(a) of title 31 for that fiscal year: Provided further, That any 

inconsistencies between the capital investment plan and proposed 

appropriations shall be identified and justified. 

ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive 

bridges, as authorized by section 6 of the Truman-Hobbs Act (33 

U.S.C. 516), $15,000,000, to remain available until expended. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, 

lease, and operation of facilities and equipment; as authorized by 

law; $17,750,000, to remain available until expended, of which 

$2,000,000 shall be derived from the Oil Spill Liability Trust Fund 

to carry out the purposes of section 1012(a)(5) of the Oil Pollution 

Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 

credited to and used for the purposes of this appropriation funds 

received from State and local governments, other public authorities, 

private sources, and foreign countries for expenses incurred for 

research, development, testing, and evaluation. 

RETIRED PAY

For retired pay, including the payment of obligations otherwise 

chargeable to lapsed appropriations for this purpose, payments 

under the Retired Serviceman’s Family Protection and Survivor 

Benefits Plans, payment for career status bonuses, concurrent 

receipts and combat-related special compensation under the 

National Defense Authorization Act, and payments for medical care 

of retired personnel and their dependents under chapter 55 of 

title 10, United States Code, $1,014,080,000. 
H. R. 2360—11

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, 

including purchase of not to exceed 614 vehicles for police-type 

use, which shall be for replacement only, and hire of passenger 

motor vehicles; purchase of American-made motorcycles; hire of 

aircraft; services of expert witnesses at such rates as may be determined by the Director of the Secret Service; rental of buildings 

in the District of Columbia, and fencing, lighting, guard booths, 

and other facilities on private or other property not in Government 

ownership or control, as may be necessary to perform protective 

functions; payment of per diem or subsistence allowances to 

employees where a protective assignment during the actual day 

or days of the visit of a protectee requires an employee to work 

16 hours per day or to remain overnight at a post of duty; conduct 

of and participation in firearms matches; presentation of awards; 

travel of Secret Service employees on protective missions without 

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

Act if approval is obtained in advance from the Committees on 

Appropriations of the Senate and the House of Representatives; 

research and development; grants to conduct behavioral research 

in support of protective research and operations; and payment 

in advance for commercial accommodations as may be necessary 

to perform protective functions; $1,208,310,000, of which not to 

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

expenses; of which not to exceed $100,000 shall be to provide 

technical assistance and equipment to foreign law enforcement 

organizations in counterfeit investigations; of which $2,389,000 shall 

be for forensic and related support of investigations of missing 

and exploited children; and of which $5,500,000 shall be a grant 

for activities related to the investigations of missing and exploited 

children and shall remain available until expended: Provided, That 

up to $18,000,000 provided for protective travel shall remain available until September 30, 2007: Provided further, That of the total 

amount appropriated, not less than $2,500,000 shall be available 

solely for the unanticipated costs related to security operations 

for National Special Security Events, to remain available until 

September 30, 2007: Provided further, That the United States Secret 

Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 

105 of title 5, United States Code, receiving training sponsored 

by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary 

resources available under this heading at the end of the fiscal 

year. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, 

alteration, and improvement of facilities, $3,699,000, to remain 

available until expended.
H. R. 2360—12

TITLE III—PREPAREDNESS AND RECOVERY 

PREPAREDNESS 

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Preparedness, the Office of the Chief Medical Officer, and the 

Office of National Capital Region Coordination, $16,079,000: Provided, That not to exceed $7,000 shall be for official reception 

and representation expenses. 

OFFICE FOR DOMESTIC PREPAREDNESS

SALARIES AND EXPENSES

For necessary expenses for the Office for Domestic Preparedness, $5,000,000. 

STATE AND LOCAL PROGRAMS

For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism 

prevention activities, notwithstanding any other provision of law, 

$2,501,300,000, which shall be allocated as follows: 

(1) $550,000,000 for formula-based grants and $400,000,000 

for law enforcement terrorism prevention grants pursuant to 

section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): 

Provided, That the application for grants shall be made available to States within 45 days from the date of enactment 

of this Act; that States shall submit applications within 90 

days after the grant announcement; and that the Office for 

Domestic Preparedness shall act within 90 days after receipt 

of an application: Provided further, That no less than 80 percent 

of any grant under this paragraph to a State shall be made 

available by the State to local governments within 60 days 

after the receipt of the funds. 

(2) $1,155,000,000 for discretionary grants, as determined 

by the Secretary of Homeland Security, of which—

(A) $765,000,000 shall be for use in high-threat, highdensity urban areas: Provided, That $25,000,000 shall be 

available until expended for assistance to organizations 

(as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) 

of such Code) determined by the Secretary to be at highrisk of international terrorist attack, and that these determinations shall not be delegated to any Federal, State, 

or local government official: Provided further, That the 

Secretary shall certify to the Committees on Appropriations 

of the Senate and the House of Representatives the threat 

to each designated tax exempt grantee at least 3 full business days in advance of the announcement of any grant 

award; 

(B) $175,000,000 shall be for port security grants 

pursuant to the purposes of 46 United States Code 70107(a) 

through (h), which shall be awarded based on risk and 

threat notwithstanding subsection (a), for eligible costs as 

defined in subsections (b)(2)–(4); 
H. R. 2360—13

(C) $5,000,000 shall be for trucking industry security 

grants; 

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

grants; 

(E) $150,000,000 shall be for intercity passenger rail 

transportation (as defined in section 24102 of title 49, 

United States Code), freight rail, and transit security 

grants; and 

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

grants: 

Provided, That for grants under subparagraph (A), the application for grants shall be made available to States within 45 

days from the date of enactment of this Act; that States shall 

submit applications within 90 days after the grant announcement; and that the Office for Domestic Preparedness shall 

act within 90 days after receipt of an application: Provided 

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

paragraph to a State shall be made available by the State 

to local governments within 60 days after the receipt of the 

funds. 

(3) $50,000,000 shall be available for the Commercial 

Equipment Direct Assistance Program. 

(4) $346,300,000 for training, exercises, technical assistance, and other programs: 

Provided, That none of the grants provided under this heading 

shall be used for the construction or renovation of facilities, except 

for a minor perimeter security project, not to exceed $1,000,000, 

as determined necessary by the Secretary of Homeland Security: 

Provided further, That the proceeding proviso shall not apply to 

grants under subparagraphs (B), (E), and (F) of paragraph (2) 

of this heading: Provided further, That grantees shall provide additional reports on their use of funds, as determined necessary by 

the Secretary of Homeland Security: Provided further, That funds 

appropriated for law enforcement terrorism prevention grants under 

paragraph (1) and discretionary grants under paragraph (2)(A) of 

this heading shall be available for operational costs, to include 

personnel overtime and overtime associated with Office for Domestic 

Preparedness certified training, as needed: Provided further, That 

in accordance with the Department’s implementation plan for 

Homeland Security Presidential Directive 8, the Office for Domestic 

Preparedness shall issue the final National Preparedness Goal no 

later than December 31, 2005; and no funds provided under paragraphs (1) and (2)(A) shall be awarded to States that have not 

submitted to the Office for Domestic Preparedness an updated 

State homeland strategy based on the interim National Preparedness Goal, dated March 31, 2005: Provided further, That the Government Accountability Office shall review the validity of the threat 

and risk factors used by the Secretary for the purposes of allocating 

discretionary grants funded under this heading, and the application 

of those factors in the allocation of funds, and report to the Committees on Appropriations of the Senate and the House of Representatives on the findings of its review by November 17, 2005: Provided 

further, That within seven days from the date of enactment of 

this Act, the Secretary shall provide the Government Accountability 

Office with the threat and risk methodology and factors that will 

be used to allocate discretionary grants funded under this heading. 
H. R. 2360—14

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

$655,000,000, of which $545,000,000 shall be available to carry 

out section 33 (15 U.S.C. 2229) and $110,000,000 shall be available 

to carry out section 34 (15 U.S.C. 2229a) of such Act, to remain 

available until September 30, 2007: Provided, That not to exceed 

5 percent of this amount shall be available for program administration. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act 

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

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 

the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 

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

$185,000,000: Provided, That total administrative costs shall not 

exceed 3 percent of the total appropriation. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2006, as 

authorized in title III of the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 

percent of the amounts anticipated by the Department of Homeland 

Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology 

for assessment and collection of fees shall be fair and equitable 

and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees 

received under this heading shall be deposited in this account 

as offsetting collections and will become available for authorized 

purposes on October 1, 2006, and remain available until expended. 

UNITED STATES FIRE ADMINISTRATION AND TRAINING

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by 15 U.S.C. 2201 et 

seq. and 6 U.S.C. 101 et seq., $44,948,000. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and 

information security programs and activities, as authorized by title 

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

$625,499,000, of which $542,157,000 shall remain available until 

September 30, 2007. 

COUNTERTERRORISM FUND 

For necessary expenses, as determined by the Secretary of 

Homeland Security, to reimburse any Federal agency for the costs 

of providing support to counter, investigate, or respond to unexpected threats or acts of terrorism, including payment of rewards 

in connection with these activities, $2,000,000, to remain available 
H. R. 2360—15

until expended: Provided, That the Secretary shall notify the 

Committees on Appropriations of the Senate and the House of 

Representatives 15 days prior to the obligation of any amount 

of these funds in accordance with section 503 of this Act. 

FEDERAL EMERGENCY MANAGEMENT AGENCY 

ADMINISTRATIVE AND REGIONAL OPERATIONS

For necessary expenses for administrative and regional operations, $221,240,000, including activities authorized by the National 

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

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

5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 

U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act 

of 1974 (15 U.S.C. 2201 et seq.), the Defense Production Act of 

1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 

National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization 

Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security 

Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed 

$3,000 shall be for official reception and representation expenses. 

PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

For necessary expenses for preparedness, mitigation, response, 

and recovery activities, $204,058,000, including activities authorized 

by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal Fire Prevention 

and Control Act of 1974 (15 U.S.C. 2201 et seq.), the Defense 

Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 

107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 

405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the 

Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided,

That of the total amount made available under this heading, 

$20,000,000 shall be for Urban Search and Rescue Teams, of which 

not to exceed $1,600,000 may be made available for administrative 

costs. 

PUBLIC HEALTH PROGRAMS

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

DISASTER RELIEF

For necessary expenses in carrying out the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.), $1,770,000,000, to remain available until expended. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program, as authorized by section 319 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5162), $567,000: 

Provided, That gross obligations for the principal amount of direct 

loans shall not exceed $25,000,000: Provided further, That the cost 
H. R. 2360—16

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

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

FLOOD MAP MODERNIZATION FUND

For necessary expenses pursuant to section 1360 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and 

such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of such Act, to remain available until 

expended: Provided, That total administrative costs shall not exceed 

3 percent of the total appropriation. 

NATIONAL FLOOD INSURANCE FUND

(INCLUDING TRANSFER OF FUNDS)

For activities under the National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries 

and expenses associated with flood mitigation and flood insurance 

operations; not to exceed $40,000,000 for financial assistance under 

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

actions under such section with respect to severe repetitive loss 

properties, to remain available until expended; not to exceed 

$10,000,000 for mitigation actions under section 1323 of such Act; 

and not to exceed $99,358,000 for flood hazard mitigation, to remain 

available until September 30, 2007, including up to $40,000,000 

for expenses under section 1366 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4104c), which amount shall be available 

for transfer to the National Flood Mitigation Fund until September 

30, 2007, and which amount shall be derived from offsetting collections assessed and collected pursuant to section 1307 of that Act 

(42 U.S.C. 4014), and shall be retained and used for necessary 

expenses under this heading: Provided, That in fiscal year 2006, no funds in excess of: (1) $55,000,000 for operating expenses; (2) 

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

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

from the National Flood Insurance Fund. 

NATIONAL FLOOD MITIGATION FUND

Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), 

and subsection (f), of section 1366 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4104c), $40,000,000, to remain available 

until September 30, 2007, for activities designed to reduce the 

risk of flood damage to structures pursuant to such Act, of which 

$40,000,000 shall be derived from the National Flood Insurance 

Fund. 

NATIONAL PREDISASTER MITIGATION FUND

For a predisaster mitigation grant program under title II of 

the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5131 et seq.), $50,000,000, to remain available until 

expended: Provided, That grants made for predisaster mitigation 

shall be awarded on a competitive basis subject to the criteria 

in section 203(g) of such Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of such Act, shall be made without reference 
H. R. 2360—17

to State allocations, quotas, or other formula-based allocation of 

funds: Provided further, That total administrative costs shall not 

exceed 3 percent of the total appropriation. 

EMERGENCY FOOD AND SHELTER

To carry out an emergency food and shelter program pursuant 

to title III of the Stewart B. McKinney Homeless Assistance Act 

(42 U.S.C. 11331 et seq.), $153,000,000, to remain available until 

expended: Provided, That total administrative costs shall not exceed 

3.5 percent of the total appropriation.

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND 

SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration serv- ices, $115,000,000: Provided, That the Director of United States 

Citizenship and Immigration Services shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on its information technology transformation efforts 

and how these efforts align with the enterprise architecture standards of the Department of Homeland Security within 90 days from 

the date of enactment of this Act. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement 

Training Center, including materials and support costs of Federal 

law enforcement basic training; purchase of not to exceed 117 

vehicles for police-type use and hire of passenger motor vehicles; 

expenses for student athletic and related activities; the conduct 

of and participation in firearms matches and presentation of 

awards; public awareness and enhancement of community support 

of law enforcement training; room and board for student interns; 

a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized 

by section 3109 of title 5, United States Code; $194,000,000, of 

which up to $42,119,000 for materials and support costs of Federal 

law enforcement basic training shall remain available until September 30, 2007; and of which not to exceed $12,000 shall be 

for official reception and representation expenses: Provided, That 

the Center is authorized to obligate funds in anticipation of 

reimbursements from agencies receiving training sponsored by the 

Center, except that total obligations at the end of the fiscal year 

shall not exceed total budgetary resources available at the end 

of the fiscal year. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, 

and related expenses of the Federal Law Enforcement Training 

Center, $88,358,000, to remain available until expended: Provided,

That the Center is authorized to accept reimbursement to this 
H. R. 2360—18

appropriation from government agencies requesting the construction 

of special use facilities. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Science and Technology and for management and administration 

of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $81,099,000: 

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

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research, 

including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the 

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); 

$1,420,997,000, to remain available until expended: Provided, That 

of the total amount provided under this heading, $23,000,000 is 

available to select a site for the National Bio and Agrodefense 

Facility and perform other pre-construction activities to establish 

research capabilities to protect animal and public health from high 

consequence animal and zoonotic diseases in support of Homeland 

Security Presidential Directives 9 and 10: Provided further, That 

of the amount provided under this heading, $318,014,000 shall 

be for activities of the Domestic Nuclear Detection Office, of which 

$125,000,000 shall be for the purchase and deployment of radiation 

portal monitors for United States ports of entry and of which 

no less than $81,000,000 shall be for radiological and nuclear 

research and development activities: Provided further, That 

excluding the funds made available under the preceding proviso 

for radiation portal monitors, $144,760,500 of the total amount 

made available under this heading for the Domestic Nuclear Detection Office shall not be obligated until the Committees on Appropriations of the Senate and the House of Representatives receive and 

approve an expenditure plan for the Domestic Nuclear Detection 

Office: Provided further, That the expenditure plan shall include 

funding by program, project, and activity for each of fiscal years 

2006 through 2010 prepared by the Secretary of Homeland Security 

that has been reviewed by the Government Accountability Office.

TITLE V—GENERAL PROVISIONS 

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

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

Act, the unexpended balances of prior appropriations provided for 

activities in this Act may be transferred to appropriation accounts 

for such activities established pursuant to this Act: Provided, That 

balances so transferred may be merged with funds in the applicable 

established accounts and thereafter may be accounted for as one 

fund for the same time period as originally enacted. 

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

by previous appropriations Acts to the agencies in or transferred 
H. R. 2360—19

to the Department of Homeland Security that remain available 

for obligation or expenditure in fiscal year 2006, or provided from 

any accounts in the Treasury of the United States derived by 

the collection of fees available to the agencies funded by this Act, 

shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds for any 

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

or restricted by the Congress; (4) proposes to use funds directed 

for a specific activity by either of the Committees on Appropriations 

of the Senate or House of Representatives for a different purpose; 

or (5) contracts out any functions or activities for which funds 

have been appropriated for Federal full-time equivalent positions; 

unless the Committees on Appropriations of the Senate and the 

House of Representatives are notified 15 days in advance of such 

reprogramming of funds. 

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

appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation 

or expenditure in fiscal year 2006, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities 

through a reprogramming of funds in excess of $5,000,000 or 10 

percent, whichever is less, that: (1) augments existing programs, 

projects, or activities; (2) reduces by 10 percent funding for any 

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

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

general savings from a reduction in personnel that would result 

in a change in existing programs, projects, or activities as approved 

by the Congress; unless the Committees on Appropriations of the 

Senate and the House of Representatives are notified 15 days 

in advance of such reprogramming of funds. 

(c) Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the Department of Homeland Security 

by this Act or provided by previous appropriations Acts may be 

transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased 

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

transfer under this section shall be treated as a reprogramming 

of funds under subsection (b) of this section and shall not be 

available for obligation unless the Committees on Appropriations 

of the Senate and the House of Representatives are notified 15 

days in advance of such transfer. 

(d) Notwithstanding subsections (a), (b), and (c) of this section, 

no funds shall be reprogrammed within or transferred between 

appropriations after June 30, except in extraordinary circumstances 

which imminently threaten the safety of human life or the protection of property. 

(e) Hereafter, notwithstanding any other provision of law, 

notifications pursuant to this section or any other authority for 

reprogramming or transfer of funds shall be made solely to the 

Committees on Appropriations of the Senate and the House of 

Representatives. 

SEC. 504. None of the funds appropriated or otherwise made 

available to the Department of Homeland Security may be used 

to make payments to the ‘‘Department of Homeland Security 
H. R. 2360—20

Working Capital Fund’’, except for the activities and amounts 

allowed in section 6024 of Public Law 109–13, excluding the Homeland Secure Data Network: Provided, That any additional activities 

and amounts must be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days 

in advance of obligation. 

SEC. 505. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2006 from appropriations for salaries 

and expenses for fiscal year 2006 in this Act shall remain available 

through September 30, 2007, in the account and for the purposes 

for which the appropriations were provided: Provided, That prior 

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

the Committees on Appropriations of the Senate and the House 

of Representatives for approval in accordance with section 503 

of this Act. 

SEC. 506. Funds made available by this Act for intelligence 

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 

(50 U.S.C. 414) during fiscal year 2006 until the enactment of 

an Act authorizing intelligence activities for fiscal year 2006. 

SEC. 507. The Federal Law Enforcement Training Center shall 

lead the Federal law enforcement training accreditation process, 

to include representatives from the Federal law enforcement 

community and non-Federal accreditation experts involved in law 

enforcement training, to continue the implementation of measuring 

and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. 

SEC. 508. None of the funds in this Act may be used to make 

a grant allocation, discretionary grant award, discretionary contract 

award, or to issue a letter of intent totaling in excess of $1,000,000, 

or to announce publicly the intention to make such an award, 

unless the Secretary of Homeland Security notifies the Committees 

on Appropriations of the Senate and the House of Representatives 

at least 3 full business days in advance: Provided, That no notification shall involve funds that are not available for obligation. 

SEC. 509. Notwithstanding any other provision of law, no agency 

shall purchase, construct, or lease any additional facilities, except 

within or contiguous to existing locations, to be used for the purpose 

of conducting Federal law enforcement training without the advance 

approval of the Committees on Appropriations of the Senate and 

the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use 

of additional facilities by lease, contract, or other agreement for 

training which cannot be accommodated in existing Center facilities. 

SEC. 510. The Director of the Federal Law Enforcement 

Training Center shall schedule basic and/or advanced law enforcement training at all four training facilities under the control of 

the Federal Law Enforcement Training Center to ensure that these 

training centers are operated at the highest capacity throughout 

the fiscal year. 

SEC. 511. None of the funds appropriated or otherwise made 

available by this Act may be used for expenses of any construction, 

repair, alteration, or acquisition project for which a prospectus, 

if required by the Public Buildings Act of 1959 (40 U.S.C. 3301), 

has not been approved, except that necessary funds may be 
H. R. 2360—21

expended for each project for required expenses for the development 

of a proposed prospectus. 

SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act 

(41 U.S.C. 10a et seq.). 

SEC. 513. The Secretary of Homeland Security shall take all 

actions necessary to ensure that the Department of Homeland Security is in compliance with the second proviso of section 513 of 

Public Law 108–334 and shall report to the Committees on Appropriations of the Senate and House of Representatives biweekly 

beginning on October 1, 2005, on any reasons for non-compliance: 

Provided, That, furthermore, the Secretary shall take all possible 

actions, including the procurement of certified systems to inspect 

and screen air cargo on passenger aircraft, to increase the level 

of air cargo inspected beyond that mandated in section 513 of 

Public Law 108–334 and shall report to the Committees on Appropriations of the Senate and the House of Representatives every 

six months on the actions taken and the percentage of air cargo 

inspected at each airport. 

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

States Code, for fiscal year 2006 and thereafter, the Administrator 

of the Transportation Security Administration may impose a reasonable charge for the lease of real and personal property to Transportation Security Administration employees and for use by Transportation Security Administration employees and may credit amounts 

received to the appropriation or fund initially charged for operating 

and maintaining the property, which amounts shall be available, 

without fiscal year limitation, for expenditure for property management, operation, protection, construction, repair, alteration, and 

related activities. 

SEC. 515. For fiscal year 2006 and thereafter, the acquisition 

management system of the Transportation Security Administration 

shall apply to the acquisition of services, as well as equipment, 

supplies, and materials. 

SEC. 516. Notwithstanding any other provision of law, the 

authority of the Office of Personnel Management to conduct personnel security and suitability background investigations, update 

investigations, and periodic reinvestigations of applicants for, or 

appointees in, positions in the Office of the Secretary and Executive 

Management, the Office of the Under Secretary for Management, 

Analysis and Operations, Immigration and Customs Enforcement, 

Directorate for Preparedness, and the Directorate of Science and 

Technology of the Department of Homeland Security is transferred 

to the Department of Homeland Security: Provided, That on request 

of the Department of Homeland Security, the Office of Personnel 

Management shall cooperate with and assist the Department in 

any investigation or reinvestigation under this section: Provided 

further, That this section shall cease to be effective at such time 

as the President has selected a single agency to conduct security 

clearance investigations pursuant to section 3001(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 

108–458; 50 U.S.C. 435b) and the entity selected under section 

3001(b) of such Act has reported to Congress that the agency 

selected pursuant to such section 3001(c) is capable of conducting 

all necessary investigations in a timely manner or has authorized 

the entities within the Department of Homeland Security covered 
H. R. 2360—22

by this section to conduct their own investigations pursuant to 

section 3001 of such Act. 

SEC. 517. Hereafter, notwithstanding any other provision of 

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

and Local Programs heading under title III of this Act are exempt 

from section 6503(a) of title 31, United States Code. 

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

appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program 

or any other follow on or successor passenger prescreening programs, until the Secretary of Homeland Security certifies, and 

the Government Accountability Office reports, to the Committees 

on Appropriations of the Senate and the House of Representatives, 

that all ten of the elements contained in paragraphs (1) through 

(10) of section 522(a) of Public Law 108–334 (118 Stat. 1319) have 

been successfully met. 

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

within 90 days after the certification required by such subsection 

is provided, and periodically thereafter, if necessary, until the 

Government Accountability Office confirms that all ten elements 

have been successfully met. 

(c) During the testing phase permitted by subsection (a), no 

information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in 

instances where passenger names are matched to a Government 

watch list. 

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

Acts may be utilized to develop or test algorithms assigning risk 

to passengers whose names are not on Government watch lists. 

(e) None of the funds provided in this or previous appropriations 

Acts may be utilized for data or a database that is obtained from 

or remains under the control of a non-Federal entity: Provided,

That this restriction shall not apply to Passenger Name Record 

data obtained from air carriers. 

SEC. 519. None of the funds made available in this Act may 

be used to amend the oath of allegiance required by section 337 

of the Immigration and Nationality Act (8 U.S.C. 1448). 

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

be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided as of June 

1, 2004, by employees (including employees serving on a temporary 

or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as 

of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants. 

SEC. 521. None of the funds appropriated by this Act shall 

be available to maintain the United States Secret Service as anything but a distinct entity within the Department of Homeland 

Security and shall not be used to merge the United States Secret 

Service with any other department function, cause any personnel 

and operational elements of the United States Secret Service to 

report to an individual other than the Director of the United States 

Secret Service, or cause the Director to report directly to any 

individual other than the Secretary of Homeland Security. 

SEC. 522. None of the funds appropriated to the United States 

Secret Service by this Act or by previous appropriations Acts may 
H. R. 2360—23

be made available for the protection of the head of a Federal 

agency other than the Secretary of Homeland Security: Provided,

That the Director of the United States Secret Service may enter 

into an agreement to perform such service on a fully reimbursable 

basis. 

SEC. 523. The Department of Homeland Security processing 

and data storage facilities at the John C. Stennis Space Center 

shall hereafter be known as the ‘‘National Center for Critical 

Information Processing and Storage’’. 

SEC. 524. The Secretary, in consultation with industry stakeholders, shall develop standards and protocols for increasing the 

use of explosive detection equipment to screen air cargo when 

appropriate. 

SEC. 525. The Transportation Security Administration (TSA) 

shall utilize existing checked baggage explosive detection equipment 

and screeners to screen cargo carried on passenger aircraft to the 

greatest extent practicable at each airport: Provided, That beginning 

with November 2005, TSA shall provide a monthly report to the 

Committees on Appropriations of the Senate and the House of 

Representatives detailing, by airport, the amount of cargo carried 

on passenger aircraft that was screened by TSA in August 2005 

and each month thereafter. 

SEC. 526. None of the funds available for obligation for the 

transportation worker identification credential program shall be 

used to develop a personalization system that is decentralized or 

a card production capability that does not utilize an existing government card production facility: Provided, That no funding can be 

obligated for the next phase of production until the Committees 

on Appropriations of the Senate and the House of Representatives 

have been fully briefed on the results of the prototype phase and 

agree that the program should move forward. 

SEC. 527. (a) From the unexpended balances of the United 

States Coast Guard ‘‘Acquisition, Construction, and Improvements’’ 

account specifically identified in the Joint Explanatory Statement 

(House Report 108–10) accompanying Public Law 108–7 for the 

110–123 foot patrol boat upgrade, the Joint Explanatory Statement 

(House Report 108–280) accompanying Public Law 108–90 for the 

Fast Response Cutter/110–123 foot patrol boat conversion, and in 

the Joint Explanatory Statement (House Report 108–774) accompanying Public Law 108–334 for the Integrated Deepwater System 

patrol boats 110–123 foot conversion, $78,630,689 are rescinded. 

(b) For necessary expenses of the United States Coast Guard 

for ‘‘Acquisition, Construction, and Improvements’’, an additional 

$78,630,689, to remain available until September 30, 2009, for 

the service life extension program of the current 110-foot Island 

Class patrol boat fleet and accelerated design and production of 

the Fast Response Cutter. 

SEC. 528. The Secretary of Homeland Security shall utilize 

the Transportation Security Clearinghouse as the central identity 

management system for the deployment and operation of the registered traveler program and the transportation worker identification credential program for the purposes of collecting and aggregating biometric data necessary for background vetting; providing 

all associated record-keeping, customer service, and related functions; ensuring interoperability between different airports and vendors; and acting as a central activation, revocation, and transaction 

hub for participating airports, ports, and other points of presence. 
H. R. 2360—24

SEC. 529. None of the funds made available in this Act may 

be used by any person other than the privacy officer appointed 

pursuant to section 222 of the Homeland Security Act of 2002 

(6 U.S.C. 142) to alter, direct that changes be made to, delay, 

or prohibit the transmission to Congress of any report prepared 

pursuant to paragraph (5) of such section. 

SEC. 530. No funding provided by this or previous appropriation 

Acts shall be available to pay the salary of any employee serving 

as a contracting officer’s technical representative (COTR) or anyone 

acting in a similar or like capacity who has not received COTR 

training. 

SEC. 531. Except as provided in section 44945 of title 49, 

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’ and ‘‘Administration’’ in fiscal years 2004 and 2005 that are recovered or deobligated 

shall be available only for procurement and installation of explosive 

detection systems for air cargo, baggage, and checkpoint screening 

systems: Provided, That these funds shall be subject to section 

503 of this Act. 

SEC. 532. Not later than 60 days from the date of the enactment 

of this Act, the Secretary of Homeland Security shall conduct a 

survey of all ports of entry in the United States and designate 

an airport as a port of entry in each State that does not have 

a port of entry. 

SEC. 533. Notwithstanding any other provision of law, the 

Secretary of Homeland Security shall consider eligible under the 

Federal Emergency Management Agency Public Assistance Program 

the costs sufficient to enable the city to repair and upgrade all 

damaged and undamaged elements of the Carnegie Library in the 

City of Paso Robles, California, which was damaged by the 2003 

San Simeon earthquake, so that the library is brought into conformance with all local code requirements for new construction: Provided,

That the appropriate Federal share shall apply to approval for 

this project. 

SEC. 534. Notwithstanding any other provision of law, the 

Secretary of Homeland Security shall consider eligible under the 

Federal Emergency Management Agency Public Assistance Program 

costs for the damage to canals and wooden flumes, which was 

incurred during a 1996 storm and subsequent mudslide in El Dorado 

County, California, to the El Dorado Irrigation District, based on 

fifty percent of the costs of the Improved Project for the Mill 

Creek to Bull Creek tunnel proposed in a November 2001 Carleton 

Engineering Report: Provided, That the appropriate Federal share 

shall apply to approval for this project. 

SEC. 535. Notwithstanding any other provision of law, the 

Secretary of Homeland Security shall consider eligible under the 

Federal Emergency Management Agency Public Assistance Program 

the costs sufficient to enable replacement of research and education 

materials and library collections and for other non-covered losses 

at the University of Hawaii Manoa campus, Hawaii, resulting from 

an October 30, 2004, flood event. 

SEC. 536. Section 101(a)(15)(H)(ii)(a) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by 

striking ‘‘the Internal Revenue Code of 1954 and agriculture as 

defined in section 3(f) of the Fair Labor Standards Act of 1938 

(29 U.S.C. 203(f)),’’ and inserting ‘‘the Internal Revenue Code of 
H. R. 2360—25

1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and the pressing of apples 

for cider on a farm,’’. 

SEC. 537. Using funds made available in this Act, the Secretary 

of Homeland Security shall provide that each office within the 

Department that handles documents marked as Sensitive Security 

Information (SSI) shall have at least one employee in that office 

with authority to coordinate and make determinations on behalf 

of the agency that such documents meet the criteria for marking 

as SSI: Provided, That not later than December 31, 2005, the 

Secretary shall submit to the Committees on Appropriations of 

the Senate and the House of Representatives: (1) Departmentwide policies for designating, coordinating and marking documents 

as SSI; (2) Department-wide auditing and accountability procedures 

for documents designated and marked as SSI; (3) the total number 

of SSI Coordinators within the Department; and (4) the total 

number of staff authorized to designate SSI documents within the 

Department: Provided further, That not later than January 31, 

2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representatives the title 

of all DHS documents that are designated as SSI in their entirety 

during the period October 1, 2005, through December 31, 2005: 

Provided further, That not later than January 31 of each succeeding 

year, starting on January 31, 2007, the Secretary shall provide 

annually a similar report to the Committees on Appropriations 

of the Senate and the House of Representatives on the titles of 

all DHS documents that are designated as SSI in their entirety 

during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate 

guidance that includes common but extensive examples of SSI that 

further define the individual categories of information cited under 

49 CFR 1520(b)(1) through (16) and eliminates judgment by covered 

persons in the application of the SSI marking: Provided further,

That such guidance shall serve as the primary basis and authority 

for the marking of DHS information as SSI by covered persons. 

SEC. 538. For grants to States pursuant to section 204(a) of 

the REAL ID Act of 2005 (Division B of Public Law 109–13), 

$40,000,000, to remain available until expended: Provided, That 

of the funds provided under this section, $34,000,000 may not 

be obligated or allocated for grants until the Committees on Appropriations of the Senate and the House of Representatives receive 

and approve an implementation plan for the responsibilities of 

the Department of Homeland Security under the REAL ID Act 

of 2005 (Division B of Public Law 109–13), including the proposed 

uses of the grant monies: Provided further, That of the funds 

provided under this section, not less than $6,000,000 shall be made 

available within 60 days from the date of enactment of this Act 

to States for pilot projects on integrating hardware, software, and 

information management systems. 

SEC. 539. For activities related to the Department of Homeland 

Security Working Capital Fund, subsection (f) of section 403 of 

Public Law 103–356 (31 U.S.C. 501 note), is amended by striking 

‘‘October 1, 2005’’ and inserting ‘‘October 1, 2006’’. 

SEC. 540. For fiscal year 2006 and thereafter, notwithstanding 

section 553 of title 5, United States Code, the Secretary of Homeland 

Security shall impose a fee for any registered traveler program 

undertaken by the Department of Homeland Security by notice 
H. R. 2360—26

in the Federal Register, and may modify the fee from time to 

time by notice in the Federal Register: Provided, That such fees 

shall not exceed the aggregate costs associated with the program 

and shall be credited to the Transportation Security Administration 

registered traveler fee account, to be available until expended. 

SEC. 541. A person who has completed a security awareness 

training course approved by or operated under a cooperative agreement with the Department of Homeland Security using funds made 

available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an Information Sharing and Analysis Center, and who 

reports a situation, activity or incident pursuant to that program 

to an appropriate authority, shall not be liable for damages in 

any action brought in a Federal or State court which result from 

any act or omission unless such person is guilty of gross negligence 

or willful misconduct. 

SEC. 542. Of the unobligated balances available in the ‘‘Depart- ment of Homeland Security Working Capital Fund’’, $15,000,000 

are rescinded. 

SEC. 543. Of the unobligated balances from prior year appropriations made available for Transportation Security Administration 

‘‘Aviation Security’’, $5,500,000 are rescinded. 

SEC. 544. Of funds made available for the United States Coast 

Guard in previous appropriations Acts, $6,369,118 are rescinded, 

as follows: (1) $499,489 provided for ‘‘Coast Guard, Acquisition, 

Construction, and Improvements’’ in Public Law 105–277; (2) 

$87,097 provided for ‘‘Coast Guard, Operating Expenses’’ in Public 

Law 105–277; (3) $269,217 provided for ‘‘Coast Guard, Acquisition, 

Construction, and Improvements’’ in Public Law 107–87; (4) $8,315 

provided for ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ in Public Law 106–69; and (5) $5,505,000 for ‘‘Coast Guard, 

Acquisition, Construction, and Improvements’’ in Public Law 108–

90. 

SEC. 545. Of the unobligated balances from prior year appropriations made available for the ‘‘Counterterrorism Fund’’, 

$8,000,000 are rescinded. 

SEC. 546. Of the unobligated balances from prior year appropriations made available for Science and Technology ‘‘Research, 

Development, Acquisition, and Operations’’, $20,000,000 are 

rescinded. 

SEC. 547. SECURITY SCREENING OPT-OUT PROGRAM. Section 

44920 of title 49, United States Code, is amended by adding at 

the end the following: 

‘‘(g) OPERATOR OF AIRPORT.—Notwithstanding any other provision of law, an operator of an airport shall not be liable for any 

claims for damages filed in State or Federal court (including a 

claim for compensatory, punitive, contributory, or indemnity damages) relating to—

‘‘(1) such airport operator’s decision to submit an application to the Secretary of Homeland Security under subsection 

(a) or section 44919 or such airport operator’s decision not 

to submit an application; and 

‘‘(2) any act of negligence, gross negligence, or intentional 

wrongdoing by—

‘‘(A) a qualified private screening company or any of 

its employees in any case in which the qualified private 

screening company is acting under a contract entered into 
H. R. 2360—27

with the Secretary of Homeland Security or the Secretary’s 

designee; or 

‘‘(B) employees of the Federal Government providing 

passenger and property security screening services at the 

airport. 

‘‘(3) Nothing in this section shall relieve any airport operator from liability for its own acts or omissions related to 

its security responsibilities, nor except as may be provided 

by the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 shall it relieve any qualified private 

screening company or its employees from any liability related 

to its own acts of negligence, gross negligence, or intentional 

wrongdoing.’’. 

SEC. 548. The weekly report required by Public Law 109–

62 detailing the allocation and obligation of funds for ‘‘Disaster 

Relief’’ shall include: (1) detailed information on each allocation, 

obligation, or expenditure that totals more than $50,000,000, categorized by increments of not larger than $50,000,000; (2) the 

amount of credit card purchases by agency and mission assignment; 

(3) obligations, allocations, and expenditures, categorized by agency, 

by State, and for New Orleans, and by purpose and mission assignment; (4) status of the Disaster Relief Fund; and (5) specific reasons 

for all waivers granted and a description of each waiver: Provided, 

That the detailed information required by paragraph (1) shall 

include the purpose; whether the work will be performed by a 

governmental agency or a contractor; and, if the work is to be 

performed by a contractor, the name of the contractor, the type 

of contract let, and whether the contract is sole-source, full and 

open competition, or limited competition.

This Act may be cited as the ‘‘Department of Homeland Security 

Appropriations Act, 2006’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.