[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Reported in Senate (RS)]
Calendar No. 129
109th CONGRESS
1st Session
H.R. 2360
[Report No. 109-83]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2005
Received; read twice and referred to the Committee on Appropriations
June 16, 2005
Reported by Mr. Gregg, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2006, and for other
purposes, namely:</DELETED>
<DELETED>TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS</DELETED>
<DELETED>Office of the Secretary and Executive Management</DELETED>
<DELETED> For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management of the
Department of Homeland Security, as authorized by law, $133,239,000
(reduced by $100,000): Provided, That not to exceed $40,000 shall be
for official reception and representation expenses: Provided further,
That of the amounts appropriated under this heading, $20,000,000 shall
not be available for obligation until the Secretary of Homeland
Security submits to the Committee on Appropriations of the House of
Representatives an immigration enforcement strategy to reduce the
number of undocumented aliens, based upon the latest United States
Census Bureau data, by 10 percent per year: Provided further, That of
the amounts appropriated under this heading, $10,000,000 shall not be
available for obligation until section 525 of this Act is implemented:
Provided further, That the Secretary shall submit all reports requested
by the Committee on Appropriations of the House of Representatives for
all agencies and components of the Department of Homeland Security, as
identified in this Act and the House report accompanying this Act, by
the dates specified: Provided further, That the content of all reports
shall be in compliance with the direction and instructions included in
this Act and the House report accompanying this Act by the dates
specified: Provided further, That, of the amounts appropriated under
this heading, $20,000,000 may not be obligated until the Committee on
Appropriations of the House of Representatives has received all final
reports in compliance with such direction and instructions.</DELETED>
<DELETED>Office of the Under Secretary for Management</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Management, as authorized by sections 701-705 of the
Homeland Security Act of 2002 (6 U.S.C. 341-345), $146,084,000 (reduced
by $26,100,000) (reduced by $50,000,000): Provided, That not to exceed
$3,000 shall be for official reception and representation expenses:
Provided further, That of the total amount provided, $26,070,000 shall
remain available until expended solely for the alteration and
improvement of facilities, tenant improvements, and relocation costs to
consolidate Department headquarters operations.</DELETED>
<DELETED>Office of the Chief Financial Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Financial Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), $18,505,000.</DELETED>
<DELETED>Office of the Chief Information Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113), and Department-wide technology
investments, $303,700,000; of which $75,756,000 shall be available for
salaries and expenses; and of which $227,944,000 shall be available for
development and acquisition of information technology equipment,
software, services, and related activities for the Department of
Homeland Security, and for the costs of conversion to narrowband
communications, including the cost for operation of the land mobile
radio legacy systems, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States Visitor
and Immigrant Status Indicator Technology project or the Automated
Commercial Environment: Provided further, That the Department shall
report within 180 days of enactment of this Act on its enterprise
architecture and other strategic planning activities in accordance with
the terms and conditions specified in the House report accompanying
this Act.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $83,017,000, of which not to exceed $100,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector
General.</DELETED>
<DELETED>TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS</DELETED>
<DELETED>BORDER AND TRANSPORTATION SECURITY</DELETED>
<DELETED>Office of the Under Secretary for Border and Transportation
Security</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Border and Transportation Security, as authorized by
subtitle A of title IV of the Homeland Security Act of 2002 (6 U.S.C.
201 et seq.), $10,617,000: Provided, That not to exceed $3,000 shall be
for official reception and representation expenses.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> For necessary expenses of the United State Visitor and
Immigrant Status Indicator Technology project, as authorized by section
110 of the Illegal Immigration Reform and Immigration Responsibility
Act of 1996 (8 U.S.C. 1221 note) and for the development, deployment,
and use of Free and Secure Trade (FAST), NEXUS, and Secure Electronic
Network for Traveler's Rapid Inspection (SENTRI), $411,232,000, to
remain available until expended, which shall be allocated as
follows:</DELETED>
<DELETED> (1) $7,000,000 for FAST.</DELETED>
<DELETED> (2) $14,000,000 for NEXUS/SENTRI.</DELETED>
<DELETED> (3) $390,232,000 for the United States Visitor and
Immigrant Status Indicator Technology project: Provided, That
of the funds provided for this project, $254,000,000 may not be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security
that--</DELETED>
<DELETED> (A) meets the capital planning and
investment control review requirements established by
the Office of Management and Budget, including Circular
A-11, part 7;</DELETED>
<DELETED> (B) complies with the Department of
Homeland Security enterprise information systems
architecture;</DELETED>
<DELETED> (C) complies with the acquisition rules,
requirements, guidelines, and systems acquisition
management practices of the Federal
Government;</DELETED>
<DELETED> (D) is reviewed and approved by the
Department of Homeland Security Investment Review
Board, the Secretary of Homeland Security, and the
Office of Management and Budget; and</DELETED>
<DELETED> (E) is reviewed by the Government
Accountability Office.</DELETED>
<DELETED>Customs and Border Protection</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; acquisition,
lease, maintenance and operation of aircraft; purchase and lease of up
to 4,500 (3,935 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$4,885,544,000; of which $3,000,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $35,000 shall be for official reception and
representation expenses; of which not less than $141,060,000 shall be
for Air and Marine Operations; of which not to exceed $174,800,000
shall remain available until September 30, 2007, for inspection and
surveillance technology, unmanned aerial vehicles, and replacement
aircraft; of which such sums as become available in the Customs User
Fee Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; of which not to exceed $1,000,000 shall
be for awards of compensation to informants, to be accounted for solely
under the certificate of the Under Secretary for Border and
Transportation Security; and of which not to exceed $5,000,000 shall be
available for payments or advances arising out of contractual or
reimbursable agreements with State and local law enforcement agencies
while engaged in cooperative activities related to immigration:
Provided, That for fiscal year 2006, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated in this Act may be available to
compensate any employee of the Bureau of Customs and Border Protection
for overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the Under
Secretary for Border and Transportation Security, or a designee, to be
necessary for national security purposes, to prevent excessive costs,
or in cases of immigration emergencies: Provided further, That of the
total amount provided, $10,000,000 may not be obligated until the
Secretary submits to the Committee on Appropriations of the House of
Representatives all required reports related to air and marine
operations: Provided further, That of the total amount provided,
$2,000,000 may not be obligated until the Secretary submits to the
Committee on Appropriations of the House of Representatives a report on
the performance of the Immigration Advisory Program as directed in
House Report No. 108-541: Provided further, That of the total amount
provided, $70,000,000 may not be obligated until the Secretary submits
to the Committee on Appropriations of the House of Representatives part
two of the report on the performance of the Container Security
Initiative progam, as directed in House Report 180-541: Provided
further, That no funds shall be available for the site acquisition,
design, or construction of any Border Patrol checkpoint in the Tucson
sector: Provided further, That the Border Patrol shall relocate its
checkpoints in the Tucson sector at least once every seven days in a
manner designed to prevent persons subject to inspection from
predicting the location of any such checkpoint.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> For expenses for customs and border protection automated
systems, $458,009,000, to remain available until expended, of which not
less than $321,690,000 shall be for the development of the Automated
Commercial Environment: Provided, That none of the funds appropriated
under this heading may be obligated for the Automated Commercial
Environment until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan for expenditure
prepared by the Under Secretary for Border and Transportation Security
that--</DELETED>
<DELETED> (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget, including Circular A-11, part
7;</DELETED>
<DELETED> (2) complies with the Department of Homeland
Security's enterprise information systems
architecture;</DELETED>
<DELETED> (3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government;</DELETED>
<DELETED> (4) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the Secretary of
Homeland Security, and the Office of Management and Budget;
and</DELETED>
<DELETED> (5) is reviewed by the Government Accountability
Office.</DELETED>
<DELETED>air and marine interdiction, operations, maintenance, and
procurement</DELETED>
<DELETED> For necessary expenses for the operations, maintenance,
and procurement of marine vessels, aircraft, and other related
equipment of the air and marine program, including operational training
and mission-related travel, and rental payments for facilities occupied
by the air or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of
narcotics and other goods; the provision of support to Federal, State,
and local agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; and at the discretion
of the Under Secretary for Border and Transportation Security, the
provision of assistance to Federal, State, and local agencies in other
law enforcement and emergency humanitarian efforts, $347,780,000, to
remain available until expended: Provided, That no aircraft or other
related equipment, with the exception of aircraft that are one of a
kind and have been identified as excess to Bureau of Customs and Border
Protection requirements and aircraft that have been damaged beyond
repair, shall be transferred to any other Federal agency, department,
or office outside of the Department of Homeland Security during fiscal
year 2006 without the prior approval of the Committees on
Appropriations of the Senate and the House of
Representatives.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For necessary expenses to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs and
immigration, $93,418,000, to remain available until expended.</DELETED>
<DELETED>Immigration and Customs Enforcement</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and purchase
and lease of up to 2,300 (2,000 for replacement only) police-type
vehicles, $3,064,081,000 (reduced by $5,000,000) (increased by
$5,000,000), of which not to exceed $10,000,000 shall be available
until expended for conducting special operations pursuant to section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Under Secretary for Border and Transportation
Security; of which not less than $102,000 shall be for promotion of
public awareness of the child pornography tipline; of which not less
than $203,000 shall be for Project Alert; of which not less than
$5,000,000 shall be for costs to implement section 287(g) of the
Immigration and Nationality Act, as amended; and of which not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none of the
funds appropriated shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Under Secretary for Border and Transportation Security may waive that
amount as necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total amount
provided, $3,045,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2006, of which not to exceed
$2,000,000 shall remain available until expended: Provided further,
That of the amounts appropriated, $50,000,000 shall not be available
for obligation until the Assistant Secretary of Immigration and Customs
Enforcement submits to the Committee on Appropriations of the House of
Representatives a national detention management plan including the use
of regional detention contracts and alternatives to detention: Provided
further, That the Assistant Secretary of Immigration and Customs
Enforcement, with concurrence of the Secretary of Homeland Security,
shall submit, by December 1, 2005, to the Committee on Appropriations
of the House of Representatives a plan for the expanded use of
Immigration Enforcement Agents to enforce administrative violations of
United States immigration laws.</DELETED>
<DELETED>federal air marshals</DELETED>
<DELETED> For necessary expenses of the Federal Air Marshals,
$698,860,000, of which not to exceed $5,000,000 shall remain available
until expended.</DELETED>
<DELETED>federal protective service</DELETED>
<DELETED> The revenues and collections of security fees credited to
this account, not to exceed $487,000,000, shall be available until
expended for necessary expenses related to the protection of federally-
owned and leased buildings and for the operations of the Federal
Protective Service.</DELETED>
<DELETED>automation modernization</DELETED>
<DELETED> For expenses of immigration and customs enforcement
automated systems, $40,150,000, to remain available until expended:
Provided, That none of the funds appropriated under this heading may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Under Secretary for Border and Transportation Security
that--</DELETED>
<DELETED> (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget, including Circular A-11, part
7;</DELETED>
<DELETED> (2) complies with the Department of Homeland
Security enterprise information systems architecture;</DELETED>
<DELETED> (3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management
practices of the Federal Government;</DELETED>
<DELETED> (4) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the Secretary of
Homeland Security, and the Office of Management and Budget;
and</DELETED>
<DELETED> (5) is reviewed by the Government Accountability
Office.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For necessary expenses to plan, construct, renovate,
equip, and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs and
immigration, $26,546,000, to remain available until expended.</DELETED>
<DELETED>Transportation Security Administration</DELETED>
<DELETED>aviation security</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to providing aviation security, $4,591,612,000,
to remain available until September 30, 2007, of which not to exceed
$3,000 shall be available for official reception and representation
expenses: Provided, That of the total amount provided under this
heading, not to exceed $3,608,599,000 shall be for screening
operations, of which $170,000,000 shall be available only for
procurement of checked baggage explosive detection systems and
$75,000,000 shall be available only for installation of checked baggage
explosive detection systems; and not to exceed $983,013,000 shall be
for aviation security direction and enforcement presence: Provided
further, That security service fees authorized under section 44940 of
title 49, United States Code, shall be credited to this appropriation
as offsetting collections: Provided further, That the sum herein
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2006, so as to result in a final fiscal year appropriation from
the General Fund estimated at not more than $2,601,612,000: Provided
further, That any security service fees collected in excess of the
amount appropriated under this heading shall become available during
fiscal year 2007: Provided further, That none of the funds in this Act
shall be used to recruit or hire personnel into the Transportation
Security Administration which would cause the agency to exceed a
staffing level of 45,000 full-time equivalent screeners.</DELETED>
<DELETED>surface transportation security</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $36,000,000, to remain available until September 30,
2007.</DELETED>
<DELETED>transportation vetting and credentialing</DELETED>
<DELETED> For necessary expenses for the development and
implementation of screening programs by the Office of Transportation
Vetting and Credentialing, $84,294,000.</DELETED>
<DELETED>transportation security support</DELETED>
<DELETED> For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence activities, $541,008,000, to remain available until
September 30, 2007: Provided, That of the funds appropriated under this
heading, $50,000,000 may not be obligated until the Secretary submits
to the Committee on Appropriations of the House of Representatives: (1)
a plan for optimally deploying explosive detection equipment, either
in-line or to replace explosive trace detection machines, at the
Nation's airports on a priority basis to enhance security, reduce
Transportation Security Administration staffing requirements, and long-
term costs; and (2) a detailed spend plan for explosive detection
systems procurement and installations on an airport-by-airport basis
for fiscal year 2006: Provided further, That these plans shall be
submitted no later than 60 days after enactment of this Act.</DELETED>
<DELETED>United States Coast Guard</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> For necessary expenses for the operation and maintenance
of the Coast Guard not otherwise provided for, purchase or lease of not
to exceed 25 passenger motor vehicles for replacement only, payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note), and
recreation and welfare, $5,500,000,000, of which $1,200,000,000 shall
be for defense-related activities; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $3,000 shall be for
official reception and representation expenses: Provided, That none of
the funds appropriated by this or any other Act shall be available for
administrative expenses in connection with shipping commissioners in
the United States: Provided further, That none of the funds provided by
this Act shall be available for expenses incurred for yacht
documentation under section 12109 of title 46, United States Code,
except to the extent fees are collected from yacht owners and credited
to this appropriation.</DELETED>
<DELETED>environmental compliance and restoration</DELETED>
<DELETED> For necessary expenses to carry out the Coast Guard's
environmental compliance and restoration functions under chapter 19 of
title 14, United States Code, $12,000,000, to remain available until
expended.</DELETED>
<DELETED>reserve training</DELETED>
<DELETED> For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve program;
personnel and training costs; and equipment and services;
$119,000,000.</DELETED>
<DELETED>acquisition, construction, and improvements</DELETED>
<DELETED> For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore facilities,
vessels, and aircraft, including equipment related thereto; and
maintenance, rehabilitation, lease and operation of facilities and
equipment, as authorized by law, $798,152,000, of which $20,000,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $22,000,000 shall be available until
September 30, 2010, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $29,902,000 shall be
available until September 30, 2010, to increase aviation capability; of
which $130,100,000 shall be available until September 30, 2008, for
other equipment; of which $39,700,000 shall be available until
September 30, 2008, for shore facilities and aids to navigation
facilities; of which $76,450,000 shall be available for personnel
compensation and benefits and related costs; and of which $500,000,000
shall be available until September 30, 2010, for the Integrated
Deepwater Systems program: Provided, That the Commandant of the Coast
Guard is authorized to dispose of surplus real property, by sale or
lease, and the proceeds shall be credited to this appropriation as
offsetting collections and shall be available until September 30, 2008,
only for Rescue 21: Provided further, That of the funds appropriated
under this heading for the Integrated Deepwater System, $50,000,000 may
not be obligated until the Committee on Appropriations of the House of
Representatives receives from the Secretary of Homeland Security a new
Deepwater program baseline that reflects revised, post September 11th
operational priorities that includes--</DELETED>
<DELETED> (1) a detailed justification for each new
Deepwater asset that is determined to be necessary to fulfill
homeland and national security functions or multi-agency
procurements as identified by the Joint Requirements
Council;</DELETED>
<DELETED> (2) a comprehensive timeline for the entire
Deepwater program, including an asset-by-asset breakdown,
aligned with the comprehensive acquisition timeline and revised
mission needs statement, that also details the phase-out of
legacy assets and the phase-in of new, replacement assets on an
annual basis;</DELETED>
<DELETED> (3) a comparison of the revised acquisition
timeline against the original Deepwater timeline;</DELETED>
<DELETED> (4) an aggregate total cost of the program that
aligns with the revised mission needs statement, acquisition
timeline and asset-by-asset breakdown;</DELETED>
<DELETED> (5) a detailed projection of the remaining
operational lifespan of every type of legacy cutter and
aircraft; and</DELETED>
<DELETED> (6) a detailed progress report on command,
control, communications, computers, intelligence, surveillance,
and reconnaissance equipment upgrades that includes what has
been installed currently on operational assets and when such
equipment will be installed on all remaining Deepwater legacy
assets: Provided further, That the Secretary shall annually
submit to the Committee on Appropriations of the House of
Representatives, at the time that the President's budget is
submitted under section 1105(a) of title 31, a future-years
capital investment plan for the Coast Guard that identifies for
each capital budget line item--</DELETED>
<DELETED> (1) the proposed appropriation included in
that budget;</DELETED>
<DELETED> (2) the total estimated cost of
completion;</DELETED>
<DELETED> (3) projected funding levels for each
fiscal year for the next 5 fiscal years or until
project completion, whichever is earlier;</DELETED>
<DELETED> (4) an estimated completion date at the
projected funding levels; and</DELETED>
<DELETED> (5) changes, if any, in the total
estimated cost of completion or estimated completion
date from previous future-years capital investment
plans submitted to the Committee on Appropriations of
the House of Representatives:</DELETED>
<DELETED>Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31
for that fiscal year: Provided further, That any inconsistencies
between the capital investment plan and proposed appropriations shall
be identified and justified.</DELETED>
<DELETED>alteration of bridges</DELETED>
<DELETED> For necessary expenses for alteration or removal of
obstructive bridges, $15,000,000, to remain available until
expended.</DELETED>
<DELETED>retired pay</DELETED>
<DELETED> For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent receipts
and combat-related special compensation under the National Defense
Authorization Act, and payments for medical care of retired personnel
and their dependents under chapter 55 of title 10, United States Code,
$1,014,080,000.</DELETED>
<DELETED>United States Secret Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the United States Secret
Service, including purchase of not to exceed 614 vehicles for police-
type use, which shall be for replacement only, and hire of passenger
motor vehicles; purchase of American-made motorcycles; hire of
aircraft; services of expert witnesses at such rates as may be
determined by the Director; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees where a protective assignment
during the actual day or days of the visit of a protectee requires an
employee to work 16 hours per day or to remain overnight at his or her
post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,228,981,000, of which not
to exceed $25,000 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,678,000 shall be for forensic
and related support of investigations of missing and exploited
children; and of which $5,000,000 shall be a grant for activities
related to the investigations of exploited children and shall remain
available until expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2007:
Provided further, That of the total amount appropriated, not less than
$10,000,000 shall be available solely for the unanticipated costs
related to security operations for National Special Security Events, to
remain available until September 30, 2007: Provided further, That the
United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from agencies and entities, as defined
in section 105 of title 5, United States Code, receiving training
sponsored by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year.</DELETED>
<DELETED>acquisition, construction, improvements, and related
expenses</DELETED>
<DELETED> For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $3,699,000, to
remain available until expended.</DELETED>
<DELETED>TITLE III--PREPAREDNESS AND RECOVERY</DELETED>
<DELETED>Office of State and Local Government Coordination and
Preparedness</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> For necessary expenses for the Office of State and Local
Government Coordination and Preparedness, $3,546,000: Provided, That
not to exceed $2,000 shall be for official reception and representation
expenses.</DELETED>
<DELETED>state and local programs</DELETED>
<DELETED> For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other provision of
law, $2,781,300,000 (increased by $100,000) (increased by $50,000,000),
which shall be allocated as follows:</DELETED>
<DELETED> (1) $750,000,000 for formula-based grants and
$400,000,000 for law enforcement terrorism prevention grants
pursuant to section 1014 of the USA PATRIOT ACT (42 U.S.C.
3714): Provided, That the application for grants shall be made
available to States within 45 days after enactment of this Act;
that States shall submit applications within 90 days after the
grant announcement; and that the Office of State and Local
Government Coordination and Preparedness shall act within 90
days after receipt of an application: Provided further, That no
less than 80 percent of any grant under this paragraph to a
State shall be made available by the State to local governments
within 60 days after the receipt of the funds.</DELETED>
<DELETED> (2) $1,215,000,000 for discretionary grants, as
determined by the Secretary of Homeland Security, of which--
</DELETED>
<DELETED> (A) $850,000,000 shall be for use in high-
threat, high-density urban areas;</DELETED>
<DELETED> (B) $150,000,000 shall be for port
security grants, which shall be distributed based on
risks and vulnerabilities: Provided, That the Office of
State and Local Government Coordination and
Preparedness shall work with the Information Analysis
and Infrastructure Protection Directorate to assess the
risk associated with each port and with the Coast Guard
to evaluate the vulnerability of each port: Provided
further, That funding may only be made available to
those projects recommended by the Coast Guard Captain
of the Port;</DELETED>
<DELETED> (C) $5,000,000 shall be for trucking
industry security grants;</DELETED>
<DELETED> (D) $10,000,000 shall be for intercity bus
security grants;</DELETED>
<DELETED> (E) $150,000,000 shall be for intercity
passenger rail transportation (as defined in section
24102 of title 49, United States Code), freight rail,
and transit security grants; and</DELETED>
<DELETED> (F) $50,000,000 shall be for buffer zone
protection grants:</DELETED>
<DELETED>Provided, That for grants under subparagraph (A), the
application for grants shall be made available to States within
45 days after enactment of this Act; that States shall submit
applications within 90 days after the grant announcement; and
that the Office of State and Local Government Coordination and
Preparedness shall act within 90 days after receipt of an
application: Provided further, That no less than 80 percent of
any grant under this paragraph to a State shall be made
available by the State to local governments within 60 days
after the receipt of the funds.</DELETED>
<DELETED> (3) $50,000,000 shall be available for the
Commercial Equipment Direct Assistance Program.</DELETED>
<DELETED> (4) $366,300,000 for training, exercises,
technical assistance, and other programs:</DELETED>
<DELETED>Provided, That none of the grants provided under this heading
shall be used for the construction or renovation of facilities; for
minor perimeter security projects, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided
further, That the proceeding proviso shall not apply to grants under
subparagraphs (B) and (E) of paragraph (2) of this heading: Provided
further, That grantees shall provide additional reports on their use of
funds, as determined necessary by the Secretary of Homeland Security:
Provided further, That funds appropriated for law enforcement terrorism
prevention grants under paragraph (1) and discretionary grants under
paragraph (2)(A) of this heading shall be available for operational
costs, to include personnel overtime and overtime associated with
Office of State and Local Government Coordination and Preparedness
certified training, as needed: Provided further, That in accordance
with the Department's implementation plan for Homeland Security
Presidential Directive 8, the Office of State and Local Government
Coordination and Preparedness shall issue the final National
Preparedness Goal no later than October 1, 2005; and no funds provided
under paragraphs (1) and (2)(A) shall be awarded to States that have
not submitted to the Office of State and Local Government Coordination
and Preparedness an updated State homeland strategy based on the
interim National Preparedness Goal, dated March 31, 2005.</DELETED>
<DELETED>firefighter assistance grants</DELETED>
<DELETED> For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), $600,000,000 (increased by $50,000,000), of which $550,000,000
(increased by $25,000,000) shall be available to carry out section 33
(15 U.S.C. 2229) and $50,000,000 (increased by $25,000,000) shall be
available to carry out section 34 (15 U.S.C. 2229a) of the Act, to
remain available until September 30, 2007: Provided, That not to exceed
5 percent of this amount shall be available for program
administration.</DELETED>
<DELETED>emergency management performance grants</DELETED>
<DELETED> For necessary expenses for emergency management
performance grants, as authorized by the National Flood Insurance Act
of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the
Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 et seq.), and
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000:
Provided, That total administrative costs shall not exceed 3 percent of
the total appropriation.</DELETED>
<DELETED>Counterterrorism Fund</DELETED>
<DELETED> For necessary expenses, as determined by the Secretary of
Homeland Security, to reimburse any Federal agency for the costs of
providing support to counter, investigate, or respond to unexpected
threats or acts of terrorism, including payment of rewards in
connection with these activities, $10,000,000, to remain available
until expended: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives 15 days prior to the obligation of any amount of these
funds in accordance with section 503 of this Act.</DELETED>
<DELETED>Emergency Preparedness and Response</DELETED>
<DELETED>office of the under secretary for emergency preparedness and
response</DELETED>
<DELETED> For necessary expenses for the Office of the Under
Secretary for Emergency Preparedness and Response, as authorized by
section 502 of the Homeland Security Act of 2002 (6 U.S.C. 312),
$2,306,000.</DELETED>
<DELETED>preparedness, mitigation, response, and recovery</DELETED>
<DELETED> For necessary expenses for preparedness, mitigation,
response, and recovery activities of the Directorate of Emergency
Preparedness and Response, $249,499,000, including activities
authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.).</DELETED>
<DELETED>administrative and regional operations</DELETED>
<DELETED> For necessary expenses for administrative and regional
operations of the Directorate of Emergency Preparedness and Response,
$225,441,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided,
That not to exceed $3,000 shall be for official reception and
representation expenses.</DELETED>
<DELETED>public health programs</DELETED>
<DELETED> For necessary expenses for countering potential
biological, disease, and chemical threats to civilian populations,
$34,000,000.</DELETED>
<DELETED>radiological emergency preparedness program</DELETED>
<DELETED> The aggregate charges assessed during fiscal year 2006, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2006, and remain
available until expended.</DELETED>
<DELETED>disaster relief</DELETED>
<DELETED> For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $2,023,900,000 (reduced by $23,900,000), to remain available
until expended.</DELETED>
<DELETED>disaster assistance direct loan program account</DELETED>
<DELETED> For administrative expenses to carry out the direct loan
program, as authorized by section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$567,000: Provided, That gross obligations for the principal amount of
direct loans shall not exceed $25,000,000: Provided further, That the
cost of modifying such loans shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a).</DELETED>
<DELETED>flood map modernization fund</DELETED>
<DELETED> For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000,
and such additional sums as may be provided by State and local
governments or other political subdivisions for cost-shared mapping
activities under section 1360(f)(2) of such Act, to remain available
until expended: Provided, That total administrative costs shall not
exceed 3 percent of the total appropriation.</DELETED>
<DELETED>national flood insurance fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries
and expenses associated with flood mitigation and flood insurance
operations; not to exceed $40,000,000 for financial assistance under
section 1361A of such Act to States and communities for taking actions
under such section with respect to severe repetitive loss properties,
to remain available until expended; not to exceed $10,000,000 for
mitigation actions under section 1323 of such Act; and not to exceed
$99,358,000 for flood hazard mitigation, to remain available until
September 30, 2007, including up to $40,000,000 for expenses under
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c), which amount shall be available for transfer to the National
Flood Mitigation Fund until September 30, 2007, and which amount shall
be derived from offsetting collections assessed and collected pursuant
to section 1307 of that Act (42 U.S.C. 4014), and shall be retained and
used for necessary expenses under this heading: Provided, That in
fiscal year 2006, no funds in excess of: (1) $55,000,000 for operating
expenses; (2) $660,148,000 for agents' commissions and taxes; and (3)
$30,000,000 for interest on Treasury borrowings shall be available from
the National Flood Insurance Fund.</DELETED>
<DELETED>national flood mitigation fund</DELETED>
<DELETED> Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c), $40,000,000, to remain
available until September 30, 2007, for activities designed to reduce
the risk of flood damage to structures pursuant to such Act, of which
$40,000,000 shall be derived from the National Flood Insurance
Fund.</DELETED>
<DELETED>national pre-disaster mitigation fund</DELETED>
<DELETED> For a pre-disaster mitigation grant program pursuant to
title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.), $150,000,000, to remain
available until expended: Provided, That grants made for pre-disaster
mitigation shall be awarded on a competitive basis subject to the
criteria in section 203(g) of such Act (42 U.S.C. 5133(g)): Provided
further, That total administrative costs shall not exceed 3 percent of
the total appropriation.</DELETED>
<DELETED>emergency food and shelter</DELETED>
<DELETED> To carry out an emergency food and shelter program
pursuant to title III of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11331 et seq.), $153,000,000, to remain available until
expended: Provided, That total administrative costs shall not exceed
3.5 percent of the total appropriation.</DELETED>
<DELETED>TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND
SERVICES</DELETED>
<DELETED>Citizenship and Immigration Services</DELETED>
<DELETED> For necessary expenses for citizenship and immigration
services, $120,000,000: Provided, That the Director of United States
Citizenship and Immigration Services shall submit to the Committee on
Appropriations of the House of Representatives a report on its
information technology transformation efforts and how these efforts
align with the enterprise architecture standards of the Department of
Homeland Security within 90 days of enactment of this Act.</DELETED>
<DELETED>Federal Law Enforcement Training Center</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of Federal law
enforcement basic training; purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $194,000,000, of which up to $36,174,000 for
materials and support costs of Federal law enforcement basic training
shall remain available until September 30, 2007; and of which not to
exceed $12,000 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available at
the end of the fiscal year: Provided further, That in fiscal year 2006
and thereafter, the Center is authorized to assess pecuniary liability
against Center employees and students for losses or destruction of
government property due to gross negligence or willful misconduct and
to set off any resulting debts due the United States by Center
employees and students, without their consent, against current payments
due the employees and students for their services.</DELETED>
<DELETED>acquisitions, construction, improvements, and related
expenses</DELETED>
<DELETED> For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $64,743,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.</DELETED>
<DELETED>Information Analysis and Infrastructure Protection</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> For salaries and expenses of the immediate Office of the
Under Secretary for Information Analysis and Infrastructure Protection
and for management and administration of programs and activities, as
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $198,200,000: Provided, That not to exceed $5,000 shall
be for official reception and representation expenses.</DELETED>
<DELETED>assessments and evaluations</DELETED>
<DELETED> For necessary expenses for information analysis and
infrastructure protection as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $663,240,000, to remain
available until September 30, 2007.</DELETED>
<DELETED>Science and Technology</DELETED>
<DELETED>management and administration</DELETED>
<DELETED> For salaries and expenses of the immediate Office of the
Under Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by title III
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$81,399,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.</DELETED>
<DELETED>research, development, acquisition and operations</DELETED>
<DELETED> For necessary expenses for science and technology
research, including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by title III of
the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$1,258,597,000, to remain available until expended: Provided, That of
the total amount provided under this heading, $23,000,000 is available
to find an alternative site for the National Bio and Agrodefense
Laboratory and other pre-construction activities to establish research
labs to protect animal and public health from high consequence animal
and zoonotic diseases, in support of the requirements of Homeland
Security Presidential Directives 9 and 10: Provided further, That of
the total amount provided under this heading, $10,000,000 shall be used
to enhance activities toward implementation of section 313 of the
Homeland Security Act of 2002 (6 U.S.C. 193).</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.</DELETED>
<DELETED> Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts for
such activities established pursuant to this Act: Provided, That
balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.</DELETED>
<DELETED> Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2006, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds that: (1) creates a new program; (2) eliminates
a program, project, or activity; (3) increases funds for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on Appropriations for
a different purpose; or (5) contracts out any functions or activities
for which funds have been appropriated for Federal full-time equivalent
positions; unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
reprogramming of funds.</DELETED>
<DELETED> (b) None of the funds provided by this Act, provided by
previous appropriation Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress; unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.</DELETED>
<DELETED> (c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations Acts may be
transferred between such appropriations, but no such appropriations,
except as otherwise specifically provided, shall be increased by more
than 10 percent by such transfers: Provided, That any transfer under
this subsection shall be treated as a reprogramming of funds under
subsection (b) of this section and shall not be available for
obligation unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
transfer.</DELETED>
<DELETED> (d) The Department shall submit all notifications pursuant
to subsections (a), (b), and (c) of this section no later than June 30,
except in extraordinary circumstances which imminently threaten the
safety of human life or the protection of property.</DELETED>
<DELETED> Sec. 504. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2006 from appropriations for
salaries and expenses for fiscal year 2006 in this Act shall remain
available through September 30, 2007, in the account and for the
purposes for which the appropriations were provided: Provided, That
prior to the obligation of such funds, a request shall be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives for approval in accordance with section 503 of this
Act.</DELETED>
<DELETED> Sec. 505. Funds made available by this Act for
intelligence activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414) during fiscal year 2006 until the enactment of an
Act authorizing intelligence activities for fiscal year 2006.</DELETED>
<DELETED> Sec. 506. The Federal Law Enforcement Training Center
shall establish an accrediting body, to include representatives from
the Federal law enforcement community and non-Federal accreditation
experts involved in law enforcement training, to establish standards
for measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and
instructors.</DELETED>
<DELETED> Sec. 507. None of the funds in this Act may be used to
make a grant allocation, discretionary grant award, discretionary
contract award, or to issue a letter of intent totaling in excess of
$1,000,000 unless the Secretary of Homeland Security notifies the
Committees on Appropriations of the Senate and House of Representatives
at least 3 full business days in advance: Provided, That no
notification shall involve funds that are not available for
obligation.</DELETED>
<DELETED> Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional facilities,
except within or contiguous to existing locations, to be used for the
purpose of conducting Federal law enforcement training without the
advance approval of the Committees on Appropriations of the Senate and
the House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.</DELETED>
<DELETED> Sec. 509. The Director of the Federal Law Enforcement
Training Center (FLETC) shall schedule basic and/or advanced law
enforcement training at all four training facilities under FLETC's
control to ensure that these training centers are operated at the
highest capacity throughout the fiscal year.</DELETED>
<DELETED> Sec. 510. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.</DELETED>
<DELETED> Sec. 511. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).</DELETED>
<DELETED> Sec. 512. Funding for the Transportation Security
Administration's Office of Transportation Security Support, Office of
the Administrator, shall be reduced by $100,000 per day for each day
after enactment of this Act that the second proviso of section 513 of
Public Law 108-334 has not been implemented.</DELETED>
<DELETED> Sec. 513. The Commandant of the Coast Guard shall provide
to the Committee on Appropriations of the House of Representatives each
year, at the time that the President's budget is submitted under
section 1105(a) of title 31, United States Code, a list of approved but
unfunded Coast Guard priorities and the funds needed for each such
priority in the same manner and with the same contents as the unfunded
priorities lists submitted by the chiefs of other Armed
Services.</DELETED>
<DELETED> Sec. 514. Notwithstanding section 3302 of title 31, United
States Code, beginning in fiscal year 2006 and thereafter, the
Administrator of the Transportation Security Administration may impose
a reasonable charge for the lease of real and personal property to
Transportation Security Administration employees and for use by
Transportation Security Administration employees and may credit amounts
received to the appropriation or fund initially charged for operating
and maintaining the property, which amounts shall be available, without
fiscal year limitation, for expenditure for property management,
operation, protection, construction, repair, alteration, and related
activities.</DELETED>
<DELETED> Sec. 515. Beginning in fiscal year 2006 and thereafter,
the acquisition management system of the Transportation Security
Administration shall apply to the acquisition of services, as well as
equipment, supplies, and materials.</DELETED>
<DELETED> Sec. 516. Notwithstanding any other provision of law, the
authority of the Office of Personnel Management to conduct personnel
security and suitability background investigations, update
investigations, and periodic reinvestigations of applicants for, or
appointees in, positions in the Office of the Secretary and Executive
Management, the Office of the Under Secretary for Management, the
Bureau of Immigration and Customs Enforcement, the Directorate of
Science and Technology, and the Directorate of Information Analysis and
Infrastructure Protection of the Department of Homeland Security is
transferred to the Department of Homeland Security: Provided, That on
request of the Department of Homeland Security, the Office of Personnel
Management shall cooperate with and assist the Department in any
investigation or reinvestigation under this section: Provided further,
That this section shall cease to be effective at such time as the
President has selected a single agency to conduct security clearance
investigations pursuant to section 3001(c) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C.
435b) and the entity selected under section 3001(b) of such Act has
reported to Congress that the agency selected pursuant to such section
3001(c) is capable of conducting all necessary investigations in a
timely manner or has authorized the entities within the Department of
Homeland Security covered by this section to conduct their own
investigations pursuant to section 3001 of such Act.</DELETED>
<DELETED> Sec. 517. Notwithstanding any other provision of law,
funds appropriated under paragraphs (1) and (2) of the State and Local
Programs heading under title III of this Act are exempt from section
6503(a) of title 31, United States Code.</DELETED>
<DELETED> Sec. 518. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deployment or
implementation, on other than a test basis, of the Secure Flight
program or any other follow on or successor passenger prescreening
programs, until the Secretary of Homeland Security certifies, and the
Government Accountability Office (GAO) reports, to the Committees on
Appropriations of the Senate and the House of Representatives, that all
ten of the elements contained in paragraphs (1) through (10) of section
522(a) of Public Law 108-334 have been successfully met.</DELETED>
<DELETED> (b) The report required by subsection (a) shall be
submitted within 90 days after the certification required by such
subsection is provided, and periodically thereafter, if necessary,
until the Government Accountability Office confirms that all ten
elements have been successfully met.</DELETED>
<DELETED> (c) During the testing phase permitted by subsection (a),
no information gathered from passengers, foreign or domestic air
carriers, or reservation systems may be used to screen aviation
passengers, or delay or deny boarding to such passengers, except in
instances where passenger names are matched to a government watch
list.</DELETED>
<DELETED> (d) None of the funds provided in this or any previous
appropriations Act may be utilized to develop or test algorithms
assigning risk to passengers whose names are not on government watch
lists.</DELETED>
<DELETED> (e) None of the funds provided in this appropriations Act
may be utilized for a database that is obtained from or remains under
the control of a non-Federal entity.</DELETED>
<DELETED> Sec. 519. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).</DELETED>
<DELETED> Sec. 520. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management
and Budget Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term basis) of
Citizenship and Immigration Services of the Department of Homeland
Security who are known as of that date as Immigration Information
Officers, Contact Representatives, or Investigative
Assistants.</DELETED>
<DELETED> Sec. 521. None of the funds available in this Act or
provided hereafter shall be available to maintain the United States
Secret Service as anything but a distinct entity within the Department
of Homeland Security and shall not be used to merge the United States
Secret Service with any other department function, cause any personnel
and operational elements of the United States Secret Service to report
to an individual other than the Director of the United States Secret
Service, or cause the Director to report directly to any individual
other than the Secretary of Homeland Security.</DELETED>
<DELETED> Sec. 522. The Secretary of Homeland Security shall develop
screening standards and protocols to more thoroughly screen all types
of air cargo on passenger and cargo aircraft by March 1, 2006:
Provided, That these screening standards and protocols shall be
developed in consultation with the industry stakeholders: Provided
further, That these screening standards and protocols shall be
developed in conjunction with the research and development of
technologies that will permit screening of all high-risk air cargo:
Provided further, That of the amounts appropriated in this Act for the
``Office of the Secretary and Executive Management'', $10,000,000 shall
not be available for obligation until new air cargo screening standards
and protocols are implemented.</DELETED>
<DELETED> Sec. 523. The Transportation Security Administration (TSA)
shall utilize existing checked baggage explosive detection equipment
and screeners to screen cargo carried on passenger aircraft to the
greatest extent practicable at each airport: Provided, That beginning
with November 2005, TSA shall provide a monthly report to the Committee
on Appropriations of the House of Representatives detailing, by
airport, the amount of cargo carried on passenger aircraft that was
screened by TSA in August 2005 and each month thereafter.</DELETED>
<DELETED> Sec. 524. The Secretary of Homeland Security shall
implement a security plan to permit general aviation aircraft to land
and take off at Ronald Reagan Washington National Airport 90 days after
enactment of this Act.</DELETED>
<DELETED> Sec. 525. None of the funds available for obligation for
the transportation worker identification credential program shall be
used to develop a personalization system that is decentralized or a
card production capability that does not utilize an existing government
card production facility: Provided, That no funding can be obligated
for the next phase of production until the Committee on Appropriations
of the House of Representatives has been fully briefed on the results
of the prototype phase and agrees that the program should move
forward.</DELETED>
<DELETED> Sec. 526. (a) From the unexpended balances of the United
States Coast Guard ``Acquisition, Construction and Improvements''
account specifically identified in statement of managers language for
Integrated Deepwater System patrol boats 110- to 123-foot conversion in
fiscal years 2004 and 2005, $83,999,942 are rescinded.</DELETED>
<DELETED> (b) For the necessary expenses of the United States Coast
Guard for ``Acquisition, Construction and Improvements'', $83,999,942
is made available to procure new 110-foot patrol boats or for major
maintenance availability for the current 110-foot patrol boat fleet:
Provided, That such funds shall remain available until
expended.</DELETED>
<DELETED> Sec. 527. The Secretary of Homeland Security shall utilize
the Transportation Security Clearinghouse as the central identity
management system for the deployment and operation of the registered
traveler program, the transportation worker identification credential
program, and other applicable programs for the purposes of collecting
and aggregating biometric data necessary for background vetting;
providing all associated record-keeping, customer service, and related
functions; ensuring interoperability between different airports and
vendors; and acting as a central activation, revocation, and
transaction hub for participating airports, ports, and other points of
presence.</DELETED>
<DELETED> Sec. 528. None of the funds made available in this Act may
be used by any person other than the privacy officer appointed pursuant
to section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to
alter, direct that changes be made to, delay or prohibit the
transmission to Congress of, any report prepared pursuant to paragraph
(5) of such section.</DELETED>
<DELETED> Sec. 529. No funding provided in this or previous
appropriations Acts shall be available to pay the salary of any
employee serving as a contracting officer's technical representative
(COTR) who has not received COTR training.</DELETED>
<DELETED> Sec. 530. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to the
Transportation Security Administration in fiscal years 2002 and 2003,
and to the Transportation Security Administration, ``Aviation
Security'' and ``Administration'' in fiscal years 2004 and 2005, that
are recovered or deobligated shall be available only for procurement
and installation of explosive detection systems.</DELETED>
<DELETED> Sec. 531. From the unobligated balances available in the
``Department of Homeland Security Working Capital Fund'' established by
section 506 of Public Law 108-90, $7,000,000 are hereby
rescinded.</DELETED>
<DELETED> Sec. 532. Notwithstanding any other provision of law, the
Committee withholds from obligation $25,000,000 from the Directorate of
Emergency Preparedness and Response, Administrative and Regional
Operations, until the direction in the statement of managers
accompanying Public Law 108-324 and House Report 108-541 is
completed.</DELETED>
<DELETED> Sec. 533. None of the funds appropriated under this Act or
any other Act shall be available for processing petitions under section
214(c) of the Immigration and Nationality Act relating to nonimmigrant
status under section 101(a)(15)(H)(i)(b) of such Act until the
authority provided in section 214(g)(5)(C) of such Act is being
implemented such that, in any fiscal year in which the total number of
aliens who are issued visas or otherwise provided nonimmigrant status
subject to the numerical limitation under section 101(a)(15)(H)(i)(b)
of such Act reaches the numerical limitation contained in section
214(g)(1)(A) of such Act,, up to 20,000 additional aliens who have
earned a master's or higher degree from an institution of higher
education (as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) may be issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act.</DELETED>
<DELETED> Sec. 534. None of the funds provided in this Act shall be
used to pay the salaries of more than sixty Transportation Security
Administration employees who have the authority to designate documents
as Sensitive Security Information (SSI). In addition, $10,000,000 is
not available for the Department-wide Office of Security until the
Secretary submits to the Committee on Appropriations of the House of
Representatives: (1) the titles of all documents currently designated
as SSI; (2) Department-wide policies on SSI designation; (3)
Department-wide SSI designation auditing policies and procedures; and
(4) the total number of staff and offices authorized to designate SSI
documents within the Department.</DELETED>
<DELETED> Sec. 535. None of the funds appropriated by this Act may
be used to change the name of the Coast Guard Station ``Group St.
Petersburg''.</DELETED>
<DELETED> Sec. 536. None of the funds appropriated or otherwise made
available by this Act may be used to patrol the border of the United
States except as authorized by law.</DELETED>
<DELETED> Sec. 537. For the Secretary of Homeland Security to make
grants pursuant to section 204 of the REAL ID Act of 2005 (Public Law
109-13, division B) to assist States in conforming with minimum
drivers' license standards there is hereby appropriated; and the
amounts otherwise provided by this Act for ``Office of the Secretary
and Executive Management'', ``Office of the Under Secretary for
Management'', ``Office of the Under Secretary for Border and
Transportation Security--Salaries and Expenses'', ``Information
Analysis and Infrastructure Protection--Management and
Administration'', and ``Science and Technology--Research, Development,
Acquisition and Operations'', are hereby reduced by: $100,000,000,
$20,000,000, $20,000,000, $2,000,000, $8,000,000, and $50,000,000,
respectively.</DELETED>
<DELETED> This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2006''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of Homeland
Security for the fiscal year ending September 30, 2006, and for other
purposes, namely:
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $124,620,000: Provided, That
not to exceed $40,000 shall be for official reception and
representation expenses.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701-705 of the Homeland Security
Act of 2002 (6 U.S.C. 341-345), $146,322,000: Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses: Provided further, That of the total amount provided,
$26,070,000 shall remain available until expended solely for the
alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations.
Department of Homeland Security Working Capital Fund
(rescission of funds)
Of the unobligated balances available in the ``Department of
Homeland Security Working Capital Fund'', $12,000,000 are rescinded.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $18,325,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$286,540,000; of which $75,756,000 shall be available for salaries and
expenses; and of which $210,784,000 shall be available for development
and acquisition of information technology equipment, software,
services, and related activities for the Department of Homeland
Security, and for the costs of conversion to narrowband communications,
including the cost for operation of the land mobile radio legacy
systems, to remain available until expended: Provided, That of the
funds made available until expended under this heading, no more than
$33,029,000 shall be for the Homeland Secure Data Network: Provided
further, That none of the funds appropriated shall be used to support
or supplement the appropriations provided for the United States Visitor
and Immigrant Status Indicator Technology project or the Automated
Commercial Environment: Provided further, That the Chief Information
Officer shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, not more than 60 days after enactment
of the Act, an expenditure plan for all information technology projects
that: (1) are funded by the ``Office of the Chief Information
Officer'', or (2) are funded by multiple components of the Department
of Homeland Security through reimbursable agreements: Provided further,
That such expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details of annual
and lifecycle costs, and projected cost savings or cost avoidance to be
achieved by the project: Provided further, That the expenditure plan
shall include a complete list of all legacy systems operational as of
March 1, 2003; the current operational status of each system; and the
plan for continued operation or termination of each system.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $83,017,000, of which not to exceed $100,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
BORDER AND TRANSPORTATION SECURITY
Office of the Under Secretary for Border and Transportation Security
salaries and expenses
For necessary expenses of the Office of the Under Secretary for
Border and Transportation Security, as authorized by subtitle A of
title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.),
$9,617,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
united states visitor and immigrant status indicator technology
For necessary expenses for the development of the United States
Visitor and Immigrant Status Indicator Technology project, as
authorized by section 110 of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note),
$340,000,000, to remain available until expended: Provided, That of the
total amount made available under this heading, $159,658,000 may not be
obligated for the United States Visitor and Immigrant Status Indicator
Technology project until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security that:
(1) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently
under contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
Customs and Border Protection
salaries and expenses
(including rescission of funds)
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; acquisition,
lease, maintenance and operation of aircraft; purchase and lease of up
to 4,500 (3,935 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$4,922,600,000; of which $3,000,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which not to exceed $35,000 shall be for
official reception and representation expenses; of which not less than
$146,560,000 shall be for Air and Marine Operations; of which not to
exceed $49,980,000 shall remain available until September 30, 2007, for
inspection and surveillance technology, unmanned aerial vehicles, and
replacement aircraft; of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; of which not to exceed $1,000,000 shall
be for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland Security; and of
which not to exceed $5,000,000 shall be available for payments or
advances arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to immigration: Provided, That for fiscal year 2006,
the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated in this Act may be available to compensate any employee of
United States Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies.
In addition, of the funds appropriated under the heading ``Customs
and Border Protection'' in chapter 6 of title I of Public Law 108-11
(117 Stat. 581), $14,400,000 are rescinded.
automation modernization
For expenses for customs and border protection automated systems,
$458,009,000, to remain available until expended, of which not less
than $321,690,000 shall be for the development of the Automated
Commercial Environment: Provided, That none of the funds made available
under this heading may be obligated for the Automated Commercial
Environment until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that:
(1) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security's
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently
under contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, and other related equipment of
the air and marine program, including operational training and mission-
related travel, and rental payments for facilities occupied by the air
or marine interdiction and demand reduction programs, the operations of
which include the following: the interdiction of narcotics and other
goods; the provision of support to Federal, State, and local agencies
in the enforcement or administration of laws enforced by the Department
of Homeland Security; and at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humanitarian
efforts, $320,580,000, to remain available until expended: Provided,
That no aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as excess to
United States Customs and Border Protection requirements and aircraft
that have been damaged beyond repair, shall be transferred to any other
Federal agency, department, or office outside of the Department of
Homeland Security during fiscal year 2006 without the prior approval of
the Committees on Appropriations of the Senate and the House of
Representatives.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$311,381,000, to remain available until expended: Provided, That of the
total amount provided under this heading, $55,000,000 shall be
available solely for the completion of the San Diego Sector fence and
$55,000,000 shall be available solely for Tuscon sector tactical
infrastructure.
Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 2,300 (2,000 for replacement only) police-type vehicles,
$3,050,416,000, of which not to exceed $5,000,000 shall be available
until expended for conducting special operations pursuant to section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which
not to exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of which not
less than $102,000 shall be for promotion of public awareness of the
child pornography tipline; of which not less than $203,000 shall be for
Project Alert; and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That none of the funds made available under
this heading shall be available to compensate any employee for overtime
in an annual amount in excess of $35,000, except that the Secretary of
Homeland Security, or the designee of the Secretary, may waive that
amount as necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total amount
provided, $15,770,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2006, of which not to exceed
$6,000,000 shall remain available until expended.
federal air marshals
For necessary expenses of the Federal Air Marshals, $678,994,000.
federal protective service
The revenues and collections of security fees credited to this
account, not to exceed $487,000,000, shall be available until expended
for necessary expenses related to the protection of federally-owned and
leased buildings and for the operations of the Federal Protective
Service.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $50,150,000, to remain available until expended: Provided,
That none of the funds made available under this heading may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that:
(1) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
enterprise information systems architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently
under contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$26,546,000, to remain available until expended.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,452,318,000, to remain
available until September 30, 2007, of which not to exceed $3,000 shall
be for official reception and representation expenses: Provided, That
of the total amount made available under this heading, not to exceed
$3,391,948,000 shall be for screening operations, of which $180,000,000
shall be available only for procurement of checked baggage explosive
detection systems and $14,000,000 shall be available only for
installation of checked baggage explosive detection systems; and not to
exceed $1,060,370,000 shall be for aviation security direction and
enforcement presence: Provided further, That security service fees
authorized under section 44940 of title 49, United States Code, shall
be credited to this appropriation as offsetting collections: Provided
further, That the sum herein appropriated from the General Fund shall
be reduced on a dollar-for-dollar basis as such offsetting collections
are received during fiscal year 2006, so as to result in a final fiscal
year appropriation from the General Fund estimated at not more than
$2,462,318,000: Provided further, That any security service fees
collected in excess of the amount made available under this heading
shall become available during fiscal year 2007: Provided further, That
if the Secretary of Homeland Security exercises discretion to set the
fee under 44940(a)(2) of title 49 United States Code, such
determination shall not be subject to judicial review: Provided
further, That notwithstanding section 503 of this Act, the
Transportation Security Administration may reallocate funding provided
under this heading from passenger and baggage screener pay,
compensation, and benefits to procurement and installation of screening
technology with fifteen days advance notification to the Committees on
Appropriations of the Senate and House of Representatives: Provided
further, That notwithstanding section 44923 of title 49, United States
Code, the share of the cost of the Federal Government for a project
under any letter of intent shall be 75 percent for any medium or large
hub airport: Provided further, That heads of Federal agencies and
commissions shall not be exempt from Federal passenger and baggage
screening: Provided further, That reimbursement for security services
and related equipment and supplies provided in support of general
aviation access to the Ronald Reagan Washington National Airport shall
be credited to this appropriation and shall be available until expended
solely for these purposes.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation activities,
$36,000,000.
transportation vetting and credentialing
For necessary expenses for the development and implementation of
screening programs by the Office of Transportation Vetting and
Credentialing, $74,996,000.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing security support and intelligence
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $491,873,000.
United States Coast Guard
operating expenses
(including rescission of funds)
For necessary expenses for the operation and maintenance of the
United States Coast Guard not otherwise provided for, purchase or lease
of not to exceed 25 passenger motor vehicles for replacement only,
payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note) and recreation and welfare, $5,476,046,000, of which
$1,200,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $3,000 shall
be for official reception and representation expenses: Provided, That
none of the funds made available by this or any other Act shall be
available for administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none of the
funds made available by this Act shall be for expenses incurred for
yacht documentation under section 12109 of title 46, United States
Code, except to the extent fees are collected from yacht owners and
credited to this appropriation.
In addition, of the funds appropriated under this heading in Public
Law 108-11 (117 Stat. 583), $16,800,000 are rescinded.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the United States Coast Guard under
chapter 19 of title 14, United States Code, $12,000,000, to remain
available until expended.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the reserve program; personnel and
training costs; and equipment and services; $119,000,000.
acquisition, construction, and improvements
(including rescissions of funds)
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law, $1,224,800,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $18,500,000 shall be available until
September 30, 2010, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $105,000,000 shall be
available until September 30, 2008, for other equipment; of which
$39,700,000 shall be available until September 30, 2008, for shore
facilities and aids to navigation facilities; of which $73,000,000
shall be available for personnel compensation and benefits and related
costs; and of which $988,600,000 shall be available until September 30,
2010, for the Integrated Deepwater Systems program: Provided, That the
Commandant of the Coast Guard is authorized to dispose of surplus real
property, by sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and shall be available until
September 30, 2008.
In addition, of the funds made available under this heading in
Public Law 108-334 (118 Stat. 1306) for covert aircraft, $13,999,000
are rescinded; and of the funds appropriated under this heading in
Public Laws 108-334 (118 Stat. 1306) and 108-90 (117 Stat. 1143) for
patrol boat (110 foot to 123 foot conversion) and Fast Response Cutter/
110-123 foot patrol boat conversion, $68,999,000 are rescinded.
alteration of bridges
For necessary expenses for alteration or removal of obstructive
bridges as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $15,000,000, to remain available until expended.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation, and for maintenance, rehabilitation,
lease and operation of facilities and equipment, as authorized by law,
$18,500,000, to remain available until expended, of which $2,000,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries, for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,014,080,000.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 614 vehicles for police-type use,
which shall be for replacement only, and hire of passenger motor
vehicles; purchase of American-made motorcycles; hire of aircraft;
services of expert witnesses at such rates as may be determined by the
Director of the Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees where a protective assignment
during the actual day or days of the visit of a protectee requires an
employee to work 16 hours per day or to remain overnight at a post of
duty; conduct of and participation in firearms matches; presentation of
awards; travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any
other Act if approval is obtained in advance from the Committees on
Appropriations of the Senate and the House of Representatives; research
and development; grants to conduct behavioral research in support of
protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protective
functions; $1,188,638,000, of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations; of
which $2,100,000 shall be for forensic and related support of
investigations of missing and exploited children; and of which
$5,000,000 shall be a grant for activities related to the
investigations of missing and exploited children and shall remain
available until expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2007:
Provided further, That the United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from Federal
agencies and entities, as defined in section 105 of title 5, United
States Code, receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under this
heading at the end of the fiscal year.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,699,000, to remain
available until expended.
TITLE III--PREPAREDNESS AND RECOVERY
Office of State and Local Government Coordination and Preparedness
management and administration
For necessary expenses for the Office of State and Local Government
Coordination and Preparedness, $3,546,000: Provided, That not to exceed
$2,000 shall be for official reception and representation expenses.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other provision of
law, $2,694,300,000, which shall be allocated as follows:
(1) $1,518,000,000 for State and local grants, of which
$425,000,000 shall be allocated such that each State and
territory shall receive the same dollar amount for the State
minimum as was distributed in fiscal year 2005 for formula-
based grants: Provided, That the balance shall be allocated by
the Secretary of Homeland Security to States, urban areas, or
regions based on risks; threats; vulnerabilities; and unmet
essential capabilities pursuant to Homeland Security
Presidential Directive 8 (HSPD-8).
(2) $400,000,000 for law enforcement terrorism prevention
grants, of which $155,000,000 shall be allocated such that each
State and territory shall receive the same dollar amount for
the State minimum as was distributed in fiscal year 2005 for
law enforcement terrorism prevention grants: Provided, That the
balance shall be allocated by the Secretary to States based on
risks; threats; vulnerabilities; and unmet essential
capabilities pursuant to HSPD-8.
(3) $365,000,000 for discretionary transportation and
infrastructure grants, as determined by the Secretary, of
which--
(A) $200,000,000 shall be for port security grants
pursuant to the purposes of 46 United States Code
70107(a) through (h), which shall be awarded based on
threat notwithstanding subsection (a), for eligible
costs as defined in subsections (b)(2)-(4);
(B) $5,000,000 shall be for trucking industry
security grants;
(C) $10,000,000 shall be for intercity bus security
grants;
(D) $100,000,000 shall be for intercity passenger
rail transportation (as defined in section 24102 of
title 49, United States Code), freight rail, and
transit security grants; and
(E) $50,000,000 shall be for buffer zone protection
plan grants.
(4) $50,000,000 for the technology transfer program.
(5) $40,000,000 for State grants pursuant to section 204(a)
of the REAL ID Act of 2005 (Division B of Public Law 109-13),
to remain available until expended, as determined by the
Secretary: Provided, That none of the funds made available
under this paragraph may be obligated or allocated for grants
until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve an implementation
plan for the responsibilities of the Department of Homeland
Security under the REAL ID Act of 2005 (Division B of Public
Law 109-13), including the proposed uses of the grant monies.
(6) $321,300,000 for training, exercises, technical
assistance, and other programs:
Provided, That not to exceed 3 percent of the amounts provided for
grants under this heading shall be available for program
administration: Provided further, That the Government Accountability
Office shall review the validity of the threat and risk factors used by
the Secretary for the purposes of allocating discretionary grants
funded under this heading, and the application of those factors in the
allocation of funds prior to the Department making final grant
determinations: Provided further, That the Government Accountability
Office shall have 20 days to complete its review after it is notified
by the Secretary that preliminary determinations have been made, and
the Government Accountability Office shall report to the Committees on
Appropriations of the Senate and the House of Representatives on the
findings of its review prior to the Department making final grant
determinations: Provided further, That none of the grants provided
under this heading shall be used for construction or renovation of
facilities, except for a minor perimeter security project, not to
exceed $1,000,000, as determined necessary by the Secretary: Provided
further, That the preceding proviso shall not apply to grants under
subparagraphs (A), (D), and (E) of paragraph (3) under this heading:
Provided further, That grantees shall provide additional reports on
their use of funds, as determined necessary by the Secretary: Provided
further, That funds appropriated for discretionary grants under
paragraph (1) and law enforcement terrorism prevention grants under
paragraph (2) of this heading shall be available for operational costs,
to include personnel overtime and overtime associated with Office of
State and Local Government Coordination and Preparedness certified
training, as needed: Provided further, That notwithstanding any other
provision of law, funds appropriated under paragraphs (1), (2), and (3)
of this heading are exempt from section 6503(a) of title 31, United
States Code: Provided further, That of the funds provided under
paragraph (1) of this heading, $25,000,000 shall be available until
expended for assistance to organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax
section 501(a) of such Code) determined by the Secretary to be at high-
risk of international terrorist attack, and that these determinations
shall not be delegated to any Federal, State, or local government
official: Provided further, That the Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives the threat to each designated tax exempt grantee at
least 3 full business days in advance of the announcement of any grant
award.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$615,000,000, of which $550,000,000 shall be available to carry out
section 33 (15 U.S.C. 2229) and $65,000,000 shall be available to carry
out section 34 (15 U.S.C. 2229a) of such Act, to remain available until
September 30, 2007: Provided, That not to exceed 5 percent of this
amount shall be available for program administration.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total
appropriation.
Counterterrorism Fund
For necessary expenses, as determined by the Secretary of Homeland
Security, to reimburse any Federal agency for the costs of providing
support to counter, investigate, or respond to unexpected threats or
acts of terrorism, including payment of rewards in connection with
these activities, $5,000,000, to remain available until expended:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 15 days
prior to the obligation of any amount of these funds in accordance with
section 503 of this Act.
EMERGENCY PREPAREDNESS AND RESPONSE
Office of the Under Secretary for Emergency Preparedness and Response
For necessary expenses for the Office of the Under Secretary for
Emergency Preparedness and Response, as authorized by section 502 of
the Homeland Security Act of 2002 (6 U.S.C. 312), $4,306,000.
preparedness, mitigation, response, and recovery
(including rescission of funds)
For necessary expenses for preparedness, mitigation, response, and
recovery activities of Emergency Preparedness and Response,
$203,499,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided,
That of the total amount made available under this heading, $30,000,000
shall be for Urban Search and Rescue Teams, of which not to exceed
$1,600,000 may be made available for administrative costs.
In addition, of the funds appropriated under this heading in Public
Law 108-334 (118 Stat. 1311), $9,600,000 are rescinded.
administrative and regional operations
For necessary expenses for administrative and regional operations
of Emergency Preparedness and Response, $216,441,000, including
activities authorized by the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), the
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 405),
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to
exceed $3,000 shall be for official reception and representation
expenses.
public health programs
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations, $34,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2006, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2006, and remain
available until expended.
disaster relief
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$2,000,000,000, to remain available until expended.
disaster assistance direct loan program account
For administrative expenses to carry out the direct loan program,
as authorized by section 319 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5162), $567,000: Provided, That
gross obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a).
flood map modernization fund
For necessary expenses pursuant to section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed 3 percent of
the total appropriation.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; and not to exceed $87,358,000 for flood hazard mitigation,
to remain available until September 30, 2007, including up to
$28,000,000 for expenses under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c), which amount shall be
available for transfer to the National Flood Mitigation Fund until
September 30, 2007, and which amount shall be derived from offsetting
collections assessed and collected pursuant to section 1307 of that Act
(42 U.S.C. 4014), and shall be retained and used for necessary expenses
under this heading: Provided, That in fiscal year 2006, no funds in
excess of: (1) $55,000,000 for operating expenses; (2) $660,148,000 for
commissions and taxes of agents; and (3) $30,000,000 for interest on
Treasury borrowings shall be available from the National Flood
Insurance Fund.
national flood mitigation fund
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
subsection (f), of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), $28,000,000, to remain available until
September 30, 2007, for activities designed to reduce the risk of flood
damage to structures pursuant to such Act, of which $28,000,000 shall
be derived from the National Flood Insurance Fund.
national predisaster mitigation fund
For a predisaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.), $37,000,000, to remain available until expended:
Provided, That grants made for predisaster mitigation shall be awarded
on a competitive basis subject to the criteria in section 203(g) of
such Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of
such Act, shall be made without reference to State allocations, quotas,
or other formula-based allocation of funds: Provided further, That
total administrative costs shall not exceed 3 percent of the total
appropriation.
emergency food and shelter
To carry out an emergency food and shelter program pursuant to
title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11331 et seq.), $153,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total appropriation.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$80,000,000.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $194,000,000, of which up to $36,174,000 for
materials and support costs of Federal law enforcement basic training
shall remain available until September 30, 2007; and of which not to
exceed $12,000 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available at
the end of the fiscal year: Provided further, That in fiscal year 2006
and thereafter, the Director of the Federal Law Enforcement Training
Center is authorized to assess pecuniary liability against Center
employees and students for losses or destruction of Government property
due to gross negligence or willful misconduct and to set off any
resulting debts due the United States by Center employees and students,
without their consent, against current payments due the employees and
students for their services.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $88,358,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from Government agencies requesting the construction of
special use facilities.
Information Analysis and Infrastructure Protection
management and administration
For salaries and expenses of the immediate Office of the Under
Secretary for Information Analysis and Infrastructure Protection and
for management and administration of programs and activities, as
authorized by title II of the Homeland Security Act of 2002 (6 U.S.C.
121 et seq.), $168,769,000: Provided, That not to exceed $5,000 shall
be for official reception and representation expenses.
assessments and evaluations
For necessary expenses for information analysis and infrastructure
protection as authorized by title II of the Homeland Security Act of
2002 (6 U.S.C. 121 et seq.), $701,793,000, to remain available until
September 30, 2007.
Science and Technology
management and administration
For salaries and expenses of the immediate Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by title III
of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.),
$81,099,000: Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $1,372,399,000, to remain
available until expended: Provided, That of the total amount made
available under this heading, $127,314,000 shall be for the Domestic
Nuclear Detection Office, of which $112,314,000 shall not be available
for obligation until the Secretary of Homeland Security submits a
staffing and management plan and an expenditure plan for the office and
the global systems architecture, to include multi-year costs, that has
been reviewed by the Government Accountability Office and approved by
the Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That of the total funds made
available under this heading, $125,000,000 is solely for the purchase
and deployment of radiation portal monitors for United States ports-of-
entry and may not be transferred or reprogrammed.
TITLE V--GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to make
payments to the ``Department of Homeland Security Working Capital
Fund'', except for the activities and amounts allowed in section 6024
of Public Law 109-13, excluding the Homeland Secure Data Network:
Provided, That any additional activities and amounts must be approved
by the Committees on Appropriations of the Senate and the House of
Representatives 30 days in advance of obligation.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either of the Committees
on Appropriations of the Senate or House of Representatives for a
different purpose; or (5) contracts out any functions or activities for
which funds have been appropriated for Federal full-time equivalent
positions; unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress; unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) of this section and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
which imminently threaten the safety of human life or the protection of
property.
(e) Notwithstanding any other provision of law, notifications
pursuant to this section or any other authority for reprogramming or
transfer of funds shall be made solely to the Committees on
Appropriations of the Senate and the House of Representatives.
Sec. 504. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2006 from appropriations for salaries and expenses
for fiscal year 2006 in this Act shall remain available through
September 30, 2007, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 505. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2006 until the enactment of an Act authorizing
intelligence activities for fiscal year 2006.
Sec. 506. None of the funds in this Act may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
to issue a letter of intent totaling in excess of $1,000,000, or to
announce publicly the intention to make such an award, unless the
Secretary of Homeland Security notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance: Provided, That no notification shall
involve funds that are not available for obligation.
Sec. 507. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 508. The Director of the Federal Law Enforcement Training
Center shall schedule basic and/or advanced law enforcement training at
all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that these training centers are
operated at the highest capacity throughout the fiscal year.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not
been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
Sec. 511. The Secretary of Homeland Security is directed to
research, develop, and procure certified systems to inspect and screen
air cargo on passenger aircraft at the earliest date possible:
Provided, That until such technology is procured and installed, the
Secretary shall take all possible actions to enhance the known shipper
program to prohibit high-risk cargo from being transported on passenger
aircraft and continue to increase the level of air cargo that is
inspected beyond the level mandated in section 513 of Public Law 108-
334.
Sec. 512. Notwithstanding section 3302 of title 31, United States
Code, for fiscal year 2006 and thereafter, the Administrator of the
Transportation Security Administration may impose a reasonable charge
for the lease of real and personal property to Transportation Security
Administration employees and for use by Transportation Security
Administration employees and may credit amounts received to the
appropriation or fund initially charged for operating and maintaining
the property, which amounts shall be available, without fiscal year
limitation, for expenditure for property management, operation,
protection, construction, repair, alteration, and related activities.
Sec. 513. For fiscal year 2006 and thereafter, the acquisition
management system of the Transportation Security Administration shall
apply to the acquisition of services, as well as equipment, supplies,
and materials.
Sec. 514. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Secure Flight program or any other
follow on or successor passenger prescreening programs, until the
Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations of
the Senate and the House of Representatives, that all ten of the
elements contained in paragraphs (1) through (10) of section 522(a) of
Public Law 108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted within
90 days after the certification required by such subsection is
provided, and periodically thereafter, if necessary, until the
Government Accountability Office confirms that all ten elements have
been successfully met.
(c) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(d) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized for a database that is obtained from or remains
under the control of a non-Federal entity.
Sec. 515. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 516. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 517. None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director of
the United States Secret Service may enter into an agreement to perform
such service on a fully reimbursable basis.
Sec. 518. The Department of Homeland Security processing and data
storage facilities at the John C. Stennis Space Center shall hereafter
be known as the ``National Center for Critical Information Processing
and Storage''.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2006''.
Calendar No. 129
109th CONGRESS
1st Session
H.R. 2360
[Report No. 109-83]
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AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2006, and for other purposes.
_______________________________________________________________________
May 18, 2005
Received; read twice and referred to the Committee on Appropriations
June 16, 2005
Reported with an amendment