SEC. 506. The Federal Law Enforcement Training
Center shall establish an accrediting body, to include rep-
resentatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law en-
forcement training, to establish standards for measuring
and assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
SEC. 507. None of the funds in this Act may be used
to make a grant allocation, discretionary grant award, dis-
cretionary contract award, or to issue a letter of intent
totaling in excess of $1,000,000 unless the Secretary of
Homeland Security notifies the Committees on Appropria-
tions of the Senate and House of Representatives at least
3 full business days in advance: Provided, That no notifi-
cation shall involve funds that are not available for obliga-
tion.
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 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 accommo-
dated 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
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 re-
quired expenses for the development of a proposed pro-
spectus.
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 Presi-
dent’s budget is submitted under section 1105(a) of title
31, United States Code, a list of approved but unfunded
Coast Guard priorities and the funds needed for each such
priority in the same manner and with the same contents
as the unfunded priorities lists submitted by the chiefs of
other Armed Services.
SEC. 514. Notwithstanding section 3302 of title 31,
United States Code, beginning in fiscal year 2006 and
thereafter, the Administrator of the Transportation 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 property,
which amounts shall be available, without fiscal year limi-
tation, for expenditure for property management, oper-
ation, protection, construction, repair, alteration, and re-
lated 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 acqui-
sition of services, as well as equipment, supplies, and ma-
terials.
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 reinves-
tigations of applicants for, or appointees in, positions in
the Office of the Secretary and Executive Management,
the Office of the Under Secretary for Management, the
Bureau of Immigration and Customs Enforcement, the
Directorate of Science and Technology, and the Direc-
torate of Information Analysis and Infrastructure Protec-
tion of the Department of Homeland Security is trans-
ferred 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 reinves-
tigation under this section: Provided further, That this sec-
tion shall cease to be effective at such time as the Presi-
dent has selected a single agency to conduct security clear-
ance investigations pursuant to section 3001(c) of the In-
telligence Reform and Terrorism Prevention Act of 2004
(Public Law 108–458; 50 U.S.C. 435b) and the entity se-
lected 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 investiga-
tions in a timely manner or has authorized the entities
within the Department of Homeland Security covered by
this section to conduct their own investigations pursuant
to section 3001 of such Act.
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
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
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 serv-
ices provided as of June 1, 2004, by employees (including
employees serving on a temporary or term basis) of Citi-
zenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Im-
migration 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
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.
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
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
background vetting; providing all associated record-keep-
ing, customer service, and related functions; ensuring
interoperability between different airports and vendors;
and acting as a central activation, revocation, and trans-
action 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
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-
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’’.
SEC. 536. None of the funds appropriated or other-
wise made available by this Act may be used to patrol the
border of the United States except as authorized by law.
SEC. 537. For the Secretary of Homeland Security
to make grants pursuant to section 204 of the REAL ID
Act of 2005 (Public Law 109–13, division B) to assist
States in conforming with minimum drivers’ license stand-
ards there is hereby appropriated; and the amounts other-
wise provided by this Act for ‘‘Office of the Secretary and
Executive Management’’, ‘‘Office of the Under Secretary
for Management’’, ‘‘Office of the Under Secretary for Bor-
der and Transportation Security—Salaries and Ex-
penses’’, ‘‘Information Analysis and Infrastructure Pro-
tection—Management and Administration’’, and ‘‘Science
and Technology—Research, Development, Acquisition and
Operations’’, are hereby reduced by: $100,000,000,
$20,000,000, $20,000,000, $2,000,000, $8,000,000, and
$50,000,000, respectively.
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2006’’.
Passed the House of Representatives May 17, 2005.
Attest:
Clerk.