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cumstances 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 Sep-
tember 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 in-
telligence activities are deemed to be specifically author-
ized 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 author-
izing intelligence activities for fiscal year 2006. 
SEC. 506. The Federal Law Enforcement Training 
Center shall establish an accrediting body, to include rep-
resentatives from the Federal law enforcement commu-
nity and non-Federal accreditation experts involved in 
law enforcement training, to establish standards for 
measuring and assessing the quality and effectiveness of
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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 Sec-
retary of Homeland Security notifies the Committees on 
Appropriations of the Senate and House of Representa-
tives 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 ad-
ditional facilities, except within or contiguous to existing 
locations, to be used for the purpose of conducting Fed-
eral law enforcement training without the advance ap-
proval of the Committees on Appropriations of the Senate 
and the House of Representatives, except that the Fed-
eral 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 Enforce-
ment Training Center (FLETC) shall schedule basic and/ 
or advanced law enforcement training at all four training
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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 other-
wise 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 Sup-
port, 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 un-
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funded 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 Secu-
rity Administration may impose a reasonable charge for 
the lease of real and personal property to Transportation 
Security Administration employees and for use by Trans-
portation Security Administration employees and may 
credit amounts received to the appropriation or fund ini-
tially charged for operating and maintaining the prop-
erty, which amounts shall be available, without fiscal year 
limitation, for expenditure for property management, op-
eration, protection, construction, repair, alteration, and 
related activities. 
SEC. 515. Beginning in fiscal year 2006 and there-
after, the acquisition management system of the Trans-
portation Security Administration shall apply to the ac-
quisition 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
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investigations, update investigations, and periodic re-
investigations of applicants for, or appointees in, posi-
tions in the Office of the Secretary and Executive Man-
agement, the Office of the Under Secretary for Manage-
ment, the Bureau of Immigration and Customs Enforce-
ment, 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 Home-
land Security, the Office of Personnel Management shall 
cooperate with and assist the Department in any inves-
tigation 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 deploy-
ment 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 Ac-
countability Office (GAO) reports, to the Committees on
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Appropriations of the Senate and the House of Represent-
atives, 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 algo-
rithms 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
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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 De-
partment 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 Serv-
ice with any other department function, cause any per-
sonnel and operational elements of the United States Se-
cret Service to report to an individual other than the Di-
rector 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 thor-
oughly screen all types of air cargo on passenger and cargo
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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 tech-
nologies 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 obli-
gation until new air cargo screening standards and proto-
cols are implemented. 
SEC. 523. The Transportation Security Administra-
tion (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 Com-
mittee on Appropriations of the House of Representatives 
detailing, by airport, the amount of cargo carried on pas-
senger 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 air-
craft to land and take off at Ronald Reagan Washington 
National Airport 90 days after enactment of this Act.
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SEC. 525. None of the funds available for obligation 
for the transportation worker identification credential pro-
gram 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 Ap-
propriations 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 state-
ment of managers language for Integrated Deepwater Sys-
tem 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 Improve-
ments’’, $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
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and operation of the registered traveler program, the 
transportation worker identification credential program, 
and other applicable programs for the purposes of col-
lecting and aggregating biometric data necessary for back-
ground vetting; providing all associated record-keeping, 
customer service, and related functions; ensuring inter-
operability 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 para-
graph (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 train-
ing. 
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
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years 2002 and 2003, and to the Transportation Security 
Administration, ‘‘Aviation Security’’ and ‘‘Administra-
tion’’ 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 Cap-
ital 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 Pre-
paredness and Response, Administrative and Regional Op-
erations, 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 peti-
tions under section 214(c) of the Immigration and Nation-
ality Act relating to nonimmigrant status under section 
101(a)(15)(H)(i)(b) of such Act until the authority pro-
vided in section 214(g)(5)(C) of such Act is being imple-
mented such that, in any fiscal year in which the total 
number of aliens who are issued visas or otherwise pro-
vided nonimmigrant status subject to the numerical limi-
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tation 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 in-
stitution 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 Immigra-
tion and Nationality Act. 
SEC. 534. None of the funds provided in this Act 
shall be used to pay the salaries of more than sixty Trans-
portation Security Administration employees who have the 
authority to designate documents as Sensitive Security In-
formation (SSI). In addition, $10,000,000 is not available 
for the Department-wide Office of Security until the Sec-
retary 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 Sta-
tion ‘‘Group St. Petersburg’’.
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This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2006’’.
Union Calendar No. 38 
109TH CONGRESS 
1ST SESSION 
H. R. 2360 
[Report No. 109–79] 
A BILL 
Making appropriations for the Department of 
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