[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5441 Referred in Senate (RFS)]
109th CONGRESS
2d Session
H. R. 5441
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2006
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2007, for the Department of Homeland Security 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, $95,884,000 (reduced by
$3,000,000) (reduced by $5,000,000): Provided, That not to exceed
$40,000 shall be for official reception and representation expenses:
Provided further, That of the funds provided under this heading,
$10,000,000 shall not be available for obligation until the Secretary
of Homeland Security submits a comprehensive port, container, and cargo
security strategic plan to the Committee on Appropriations and
Committee on Homeland Security of the House of Representatives that
requires screening all inbound cargo, doubles the percentage of inbound
cargo currently inspected, sets minimum standards for securing inbound
cargo, and includes the fiscal year 2007 performance requirements for
port, container, and cargo security as specified in the report
accompanying this Act: Provided further, That the Secretary is directed
to submit the Secure Border Initiative multi-year strategic plan to the
Committee on Appropriations and the Committee on Homeland Security of
the House of Representatives no later than November 1, 2006 that
includes: a comprehensive mission statement; an identification of long-
term goals; an explanation of how long-term goals will be achieved;
schedule and resource requirements for goal achievement; an
identification of annual performance goals and how they link to long-
term goals; an identification of annual performance measures used to
gauge effectiveness towards goal achievement by goal; and an
identification of major capital assets critical to program success.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341-345), $159,489,000 (reduced by
$15,000,000) (reduced by $50,000,000) (reduced by $24,000,000):
Provided, That not to exceed $3,000 shall be for official reception and
representation expenses: Provided further, That of the total amount
provided, $8,206,000 shall remain available until expended solely for
the alteration and improvement of facilities, tenant improvements, and
relocation costs to consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $43,480,000, of which $18,000,000 is for the
eMerge<SUP>2 </SUP>Program: Provided, That $10,000,000 shall be
withheld from obligation until the Office of the Chief Financial
Officer submits monthly budget execution reports to the Committees on
Appropriations of the Senate and the House of Representatives as
required by section 529 of this Act.
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,
$364,765,000; of which $79,521,000 shall be available for salaries and
expenses; and of which $285,244,000 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.
Analysis and Operations
For necessary expenses for information analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $298,663,000, to remain
available until September 30, 2008, of which not to exceed $5,000 shall
be for official reception and representation expenses.
Office of the Federal Coordinator for Gulf Coast Rebuilding
For necessary expenses of the Office of the Federal Coordinator for
Gulf Coast Rebuilding, $3,000,000: Provided, That $1,000,000 shall not
be available for obligation until the Federal Coordinator submits to
the Committee on Appropriations of the House of Representatives a
report related to Federal rebuilding efforts.
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.), $96,185,000, 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
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
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $362,494,000, to
remain available until expended: Provided, That of the total amount
made available under this heading, $312,494,000 may not be obligated
for the United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently
under contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; purchase and
lease of up to 4,500 (3,500 for replacement only) police-type vehicles;
and contracting with individuals for personal services abroad;
$5,435,310,000 (reduced by $2,000,000); of which $3,026,000 shall be
derived from the Harbor Maintenance Trust Fund for administrative
expenses related to the collection of the Harbor Maintenance Fee
pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to
exceed $45,000 shall be for official reception and representation
expenses; of which not less than $162,976,000 shall be for Air and
Marine Operations; of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act 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; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That for fiscal year 2007, the overtime limitation prescribed
in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C.
267(c)(1)) shall be $35,000; and notwithstanding any other provision of
law, none of the funds appropriated by this Act may be available to
compensate any employee of 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 Secretary of
Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies: Provided further, That 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: Provided further, That of the total amount made available
under this heading, $115,000,000 shall be for the Secure Border
Initiative Technology and Tactical Infrastructure (SBInet) program,
project, and activity, to remain available until expended, of which
$25,000,000 shall not be available for obligation 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) defines activities, milestones, and costs for
implementing the program;
(2) demonstrates how activities will further the goals and
objectives of the SBI, as defined in the SBI multi-year
strategic plan;
(3) identifies funding and the organizational staffing
(including full-time employee equivalents, contractors, and
detailees) requirements by activity;
(4) reports on costs incurred, the activities completed,
and the progress made by the program;
(5) includes a certification by the Chief Procurement
Officer of the Department of Homeland Security that procedures
to prevent conflicts of interest between the prime integrator
and major subcontractors are established and that an
independent verification and validation agent is currently
under contract for the project;
(6) 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;
(7) complies with the capital planning and investment
control review requirements established by the Office of
Management and Budget, including Circular A-11, part 7;
(8) complies with all applicable acquisition rules,
requirements, guidelines, and best systems acquisition
management practices of the Federal Government; and
(9) is reviewed by the Government Accountability Office.
automation modernization
For expenses for customs and border protection automated systems,
$451,440,000, to remain available until expended, of which not less
than $316,800,000 shall be for the development of the Automated
Commercial Environment: Provided, That of the total amount made
available under this heading, $216,800,000 may not be obligated for the
Automated Commercial Environment until the Committees on Appropriations
of the Senate and the House of Representatives receive and approve a
plan for expenditure prepared by the Secretary of Homeland Security
that--
(1) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget, including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information
Officer of the Department of Homeland Security that an
independent verification and validation agent is currently
under contract for the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
cbp air and marine interdiction, operations, maintenance, and
procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial vehicles, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $373,199,000, 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 the 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 2007 without the prior approval of the Committees on
Appropriations of the Senate and the House of Representatives: Provided
further, That of the total amount made available under this heading,
$6,800,000 shall not be available for obligation until the Committee on
Appropriations, the Committee on Transportation and Infrastructure, and
the Committee on Homeland Security of the House of Representatives
receive a report on the April 25, 2006, unmanned aerial vehicle mishap.
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,
$175,154,000, to remain available until expended.
Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 2,740 (2,000 for replacement only) police-type vehicles,
$3,843,257,000 (increased by $5,000,000) (increased by $2,000,000), of
which not to exceed $7,500,000 shall be available until expended for
conducting special operations pursuant to section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed
$15,000 shall be for official reception and representation expenses; of
which not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security; of which not less than $102,000 shall
be for promotion of public awareness of the child pornography tipline;
of which not less than $203,000 shall be for Project Alert; of which
not less than $5,400,000 may be used to facilitate agreements
consistent with section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation 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 2007, of which not to exceed
$6,000,000 shall remain available until expended.
federal protective service
The revenues and collections of security fees credited to this
account, not to exceed $516,011,000, 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.
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,
$26,281,000, 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), $4,704,414,000, to remain
available until September 30, 2008, 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
$3,740,866,000 shall be for screening operations, of which $136,000,000
shall be available only for procurement of checked baggage explosive
detection systems and $94,000,000 shall be available only for
installation of checked baggage explosive detection systems; and not to
exceed $963,548,000 shall be for aviation security direction and
enforcement: Provided further, That security service fees authorized
under section 44940 of title 49, United States Code, shall be credited
to this appropriation as offsetting collections and shall be available
only for aviation security: Provided further, That the sum herein
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2007, so as to result in a final fiscal year appropriation from
the General Fund estimated at not more than $2,284,414,000: Provided
further, That any security service fees collected in excess of the
amount made available under this heading shall become available during
fiscal year 2008: Provided further, That notwithstanding section 44923
of title 49, United States Code, the share of the cost of the Federal
Government for a project under any letter of intent shall be 75 percent
for any medium or large hub airport and not more than 90 percent for
any other airport, and all funding provided by section 44923(h) of
title 49, United States Code, or from appropriations authorized under
section 44923(i)(1) of title 49, United States Code, may be distributed
in any manner deemed necessary to ensure aviation security and to
fulfill the Government's planned cost share under existing letters of
intent: Provided further, That no funding may be obligated for air
cargo security, other than that for air cargo inspectors, canines, and
screeners, until a detailed air cargo security action plan addressing
each of the recommendations contained in the 2005 Government
Accountability Office Report (GAO-06-76) on domestic air cargo security
is provided to the Committee on Appropriations and Committee on
Homeland Security of the House of Representatives: Provided further,
That beginning in fiscal year 2007 and thereafter, 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 those purposes: Provided further,
That none of the funds in this Act shall be used to recruit or hire
personnel into the Transportation Security Administration which would
cause the agency to exceed a staffing level of 45,000 full-time
equivalent screeners.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to providing surface transportation security
activities, $37,200,000, to remain available until September 30, 2008.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $74,700,000, to remain available until September 30,
2008.
transportation security support
For necessary expenses of the Transportation Security
Administration related to providing transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $523,283,000
(reduced by $20,000,000), to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading, $5,000,000
may not be obligated until the Secretary of Homeland Security submits
to the Committees on Appropriations of the Senate and the House of
Representatives a detailed expenditure plan for explosive detection
systems refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2007: Provided further, That this plan
shall be submitted no later than 60 days from the date of enactment of
this Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $699,294,000.
United States Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
United States Coast Guard not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; payments pursuant to section 156 of Public Law 97-377
(42 U.S.C. 402 note); and recreation and welfare; $5,481,643,000, of
which $340,000,000 shall be for defense-related activities; of which
$24,255,000 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.
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, $11,880,000, 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; $122,348,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment, as
authorized by law; $1,139,663,000, of which $19,800,000 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 $24,750,000 shall be available until
September 30, 2011, to acquire, repair, renovate, or improve vessels,
small boats, and related equipment; of which $15,000,000 shall be
available until September 30, 2011, to increase aviation capability; of
which $101,823,000 shall be available until September 30, 2009, for
other equipment; of which $24,450,000 shall be available until
September 30, 2009, for shore facilities and aids to navigation
facilities; of which $81,000,000 shall be available for personnel
compensation and benefits and related costs; and of which $892,640,000
shall be available until September 30, 2011, 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, 2009:
Provided further, That the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, in conjunction with the President's fiscal year 2008
budget, a review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an annual
performance comparison of Deepwater assets to pre-Deepwater legacy
assets; a status report of legacy assets; a description of the
competitive process conducted in all contracts and subcontracts
exceeding $5,000,000 within the Deepwater program; and the earned value
management system gold card data for each Deepwater asset: Provided
further, That the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive review of the Revised Deepwater Implementation Plan every
five years, beginning in fiscal year 2011, that includes a complete
projection of the acquisition costs and schedule for the duration of
the plan through fiscal year 2027: Provided further, That the Secretary
shall annually submit to the Committees on Appropriations of the Senate
and the House of Representatives, at the time that the President's
budget is submitted under section 1105(a) of title 31, United States
Code, a future-years capital investment plan for the Coast Guard that
identifies for each capital budget line item--
(1) the proposed appropriation included in that budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year for the
next five fiscal years or until project completion, whichever
is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous future-
years capital investment plans submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are consistent to
the maximum extent practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31,
United States Code, for that fiscal year: Provided further, That any
inconsistencies between the capital investment plan and proposed
appropriations shall be identified and justified: Provided further,
That no funding may be obligated for the Rescue 21 vessel subsystem
until a vessel solution has been provided to the Committee on
Appropriations of the House of Representatives.
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), $17,000,000, 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;
$13,860,000, to remain available until expended, of which $495,000
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,
$1,063,323,000.
United States Secret Service
protection, administration, and training
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 755 vehicles for police-type use,
of which 624 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 United States 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; $954,399,000, of which not to exceed $25,000 shall be for
official reception and representation expenses: Provided, That up to
$18,000,000 provided for protective travel shall remain available until
September 30, 2008: Provided further, That of the total amount provided
under this heading, $2,000,000 shall not be available for obligation
until the Director of the Secret Service submits a comprehensive
workload re-balancing report to the Committees on Appropriations of the
Senate and the House of Representatives that includes funding and
position requirements for current investigative and protective
operations: Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from
Executive 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.
investigations and field operations
For necessary expenses for investigations and field operations of
the United States Secret Service, not otherwise provided for, including
costs related to office space and services of expert witnesses at such
rates as may be determined by the Director of the Secret Service,
$312,499,000, 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 $2,366,000 shall
be for forensic and related support of investigations of missing and
exploited children; and of which $5,445,000 shall be a grant for
activities related to the investigations of missing and exploited
children and shall remain available until expended.
special event fund
For necessary expenses of the United States Secret Service to
perform protective functions related to special events, $20,900,000, to
remain available until expended, of which $18,400,000 shall be for
protection activities related to presidential campaigns in the United
States, and of which $2,500,000 shall be for extraordinary costs of
National Special Security Events.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,725,000, to remain
available until expended: Provided further, That of the total amount
provided under this heading, $1,000,000 shall not be available for
obligation until the Director of the Secret Service submits a revised
master plan to the Committees on Appropriations of the Senate and the
House of Representatives for the James J. Rowley Training Center.
TITLE III--PREPAREDNESS AND RECOVERY
Preparedness
Under Secretary for Preparedness
For salaries and expenses of the Office of the Under Secretary for
Preparedness, the Office of the Chief Medical Officer, and the Office
of National Capital Region Coordination, $39,468,000 (increased by
$9,000,000) (reduced by $9,000,000), of which $15,000,000 shall be for
the National Preparedness Integration Program: Provided, That not to
exceed $7,000 shall be for official reception and representation
expenses: Provided further, That of the amounts appropriated under this
heading, $4,400,000 shall not be available for obligation until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives the final
National Preparedness Goal.
Office of Grants and Training
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, $2,524,000,000 (increased by $50,000,000) (increased by
$20,000,000), which shall be allocated as follows:
(1) $545,000,000 for formula-based grants and $400,000,000
for law enforcement terrorism prevention grants pursuant to
section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided,
That the application for grants shall be made available to
States within 45 days from the date of enactment of this Act;
States shall submit applications within 90 days after the grant
announcement; and the Office of Grants and Training shall act
within 90 days after receipt of an application: Provided
further, That no less than 80 percent of any grant under this
paragraph to a State shall be made available by the State to
local governments within 60 days after the receipt of the
funds.
(2) $1,165,000,000 (increased by $50,000,000) (increased by
$20,000,000) for discretionary grants, as determined by the
Secretary of Homeland Security, of which--
(A) $750,000,000 (increased by $20,000,000) shall
be for use in high-threat, high-density urban areas;
(B) $200,000,000 shall be for port security grants
pursuant to the purposes of section 70107(a) through
(h) of title 46, United States Code, which shall be
awarded based on risk and threat notwithstanding
subsection (a), for eligible costs as described in
subsections (b)(2) through (4);
(C) $5,000,000 shall be for trucking industry
security grants;
(D) $10,000,000 shall be for intercity bus security
grants;
(E) $150,000,000 (increased by $50,000,000) shall
be for intercity rail passenger transportation (as
defined in section 24102 of title 49, United States
Code), freight rail, and transit security grants; and
(F) $50,000,000 shall be for buffer zone protection
grants:
Provided, That for grants under subparagraph (A), the
application for grants shall be made available to States within
45 days after the date of enactment of this Act; States shall
submit applications within 90 days after the grant
announcement; and the Office of Grants and Training shall act
within 90 days after receipt of an application: Provided
further, That no less than 80 percent of any grant under this
paragraph to a State shall be made available by the State to
local governments within 60 days after the receipt of the
funds.
(3) $75,000,000 shall be available for the Commercial
Equipment Direct Assistance Program.
(4) $339,000,000 for training, exercises, technical
assistance, and other programs:
Provided, That none of the grants provided under this heading shall be
used for the construction or renovation of facilities, except for a
minor perimeter security project, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided
further, That the preceding proviso shall not apply to grants under
subparagraphs (B), (E), and (F) of paragraph (2) of this heading:
Provided further, That grantees shall provide additional reports on
their use of funds, as determined necessary by the Secretary of
Homeland Security: Provided further, That funds appropriated for law
enforcement terrorism prevention grants under paragraph (1) of this
heading and discretionary grants under paragraph (2)(A) of this heading
shall be available for operational costs, to include personnel overtime
and overtime associated with the Office of Grants and Training
certified training, as needed.
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.),
$540,000,000 (increased by $111,000,000), of which $500,000,000
(increased by $41,000,000) shall be available to carry out section 33
of such Act (15 U.S.C. 2229) and $40,000,000 (increased by $70,000,000)
shall be available to carry out section 34 of such Act (15 U.S.C.
2229a), to remain available until September 30, 2008: 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.), $186,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total
appropriation.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2007, 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 to be
necessary for its radiological emergency preparedness program for such
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, 2007,
and remain available until expended.
United States Fire Administration and Training
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland security
Act of 2002 (6 U.S.C. 101 et seq.), $46,849,000.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$549,140,000, of which $464,490,000 shall remain available until
September 30, 2008: Provided, That of the amount made available under
this heading, $10,000,000 shall not be available for obligation for
management and administration until the Department of Homeland Security
has released the National Infrastructure Protection Plan: Provided
further, That of the amount made available under this heading,
$10,000,000 shall not be available for obligation for management and
administration until the Department has submitted its national security
strategy for the chemical sector report.
Federal Emergency Management Agency
administrative and regional operations
For necessary expenses for administrative and regional operations,
$254,499,000, 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 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.
readiness, mitigation, response, and recovery
For necessary expenses for readiness, mitigation, response, and
recovery activities, $238,199,000 (increased by $1,000,000) (reduced by
$1,000,000), 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 Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
sections 107 and 303 of the National Security Act of 1947 (50 U.S.C.
404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided, That of
the total amount made available under this heading, $20,000,000 shall
be for Urban Search and Rescue Teams, of which not to exceed $1,600,000
may be made available for administrative costs: 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 Committees on Appropriations of the Senate and the House
of Representatives a catastrophic planning expenditure plan.
public health programs
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations, $33,885,000.
disaster relief
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,662,891,000 (increased by $14,000,000), 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), $569,000: 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), $198,980,000, 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.) and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $128,588,000, which shall be available as
follows: (1) not to exceed $38,230,000 for salaries and expenses
associated with flood mitigation and flood insurance operations; and
(2) not to exceed $90,358,000 for flood hazard mitigation, which shall
be derived from offsetting collections assessed and collected pursuant
to section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4014), to remain available until September 30, 2008, including up to
$31,000,000 for flood mitigation expenses under section 1366 of such
Act (42 U.S.C. 4104c), which amount shall be available for transfer to
the National Flood Mitigation Fund until September 30, 2008: Provided,
That in fiscal year 2007, no funds shall be available from the National
Flood Insurance Fund in excess of: (1) $70,000,000 for operating
expenses; (2) $692,999,000 for commissions and taxes of agents; (3)
such sums as are necessary for interest on Treasury borrowings; and (4)
$50,000,000 for flood mitigation actions with respect to severe
repetitive loss properties under section 1361A of such Act (42 U.S.C.
4102a) and repetitive insurance claims properties under section 1323 of
such Act (42 U.S.C. 4030), which shall remain available until expended:
Provided further, That total administrative costs shall not exceed 3
percent of the total appropriation.
national flood mitigation fund
(including transfer of funds)
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), $31,000,000, to remain available until
September 30, 2008, for activities designed to reduce the risk of flood
damage to structures pursuant to such Act, of which $31,000,000 shall
be derived from the National Flood Insurance Fund.
national pre-disaster 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.), $100,000,000, 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)): 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 McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $151,470,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total appropriation.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$161,990,000 (increased by $20,000,000): Provided, That $47,000,000 may
not be obligated until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a strategic
transformation plan for United States Citizenship and Immigration
Services that has been reviewed and approved by the Secretary of
Homeland Security and reviewed by the Government Accountability Office.
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; $210,507,000, of which up to $43,910,000 for
materials and support costs of Federal law enforcement basic training
shall remain available until September 30, 2008; of which $300,000
shall remain available until expended for Federal law enforcement
agencies participating in training accreditation, to be distributed as
determined by the Federal Law Enforcement Training Center for the needs
of participating agencies; 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 section 1202(a) of Public Law 107-
206 (42 U.S.C. 3771 note) is amended by striking ``5 years after the
date of the enactment of this Act'' and inserting ``December 31,
2009'', and by striking ``250'' and inserting ``350''.
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, $42,246,000, 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.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $180,901,000: Provided,
That not to exceed $3,000 shall be for official reception and
representation expenses: Provided further, That of the amounts made
available under this heading, $98,000,000 may not be obligated until
the Under Secretary submits a detailed expenditure plan for fiscal year
2007 programs and operations to the Committees on Appropriations of the
Senate and the House of Representatives.
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.); and the purchase or lease
of not to exceed 5 vehicles, $775,370,000 (reduced by $107,000,000), to
remain available until expended: Provided, That of the amounts made
available under this heading, $400,000,000 may not be obligated until
the Committees on Appropriations of the Senate and the House of
Representatives receive and approve a report prepared by the Under
Secretary that describes Science and Technology's progress to address
financial management deficiencies; improve its management controls; and
implement performance measures and evaluations.
Domestic Nuclear Detection Office
For necessary expenses of the Domestic Nuclear Detection Office,
including nuclear detection research, development, testing and
evaluation, acquisition, operations, management and administration,
$500,000,000, to remain available until expended, of which not to
exceed $178,000,000 shall be for the purchase and deployment of
radiation detection equipment in accordance with the global nuclear
detection architecture; and of which not to exceed $85,200,000 shall be
for radiological and nuclear transformational research and development;
and of which not to exceed $30,468,000 shall be for the management and
administration of these programs and activities: Provided, That no
funds provided in this Act shall be used to create a Sodium-Iodide
Manufacturing Program until the Office demonstrates that Advanced
Spectroscopic Portal monitors will significantly speed commerce, reduce
the costs of secondary inspection, or significantly increase
sensitivity over current generation Radiation Portal Monitors.
TITLE V--GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act: Provided, That balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2007, 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 2007, 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.
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 2007 from appropriations for salaries and expenses
for fiscal year 2007 in this Act shall remain available through
September 30, 2008, 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 2007 until the enactment of an Act authorizing
intelligence activities for fiscal year 2007.
Sec. 506. The Federal Law Enforcement Training Center shall lead
the Federal law enforcement training accreditation process, including
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 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, 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. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 509. The Director of the Federal Law Enforcement Training
Center 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. 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 chapter 33 of title 40, United States Code, has not been
approved, except that necessary funds may be expended for each project
for required expenses for the development of a proposed prospectus.
Sec. 511. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
Sec. 512. Notwithstanding any other provision of law, the authority
of the Office of Personnel Management to conduct personnel security and
suitability background investigations, update investigations, and
periodic reinvestigations of applicants for, or appointees in,
positions in the Office of the Secretary and Executive Management, the
Office of the Under Secretary for Management, Analysis and Operations,
Immigration and Customs Enforcement, the Directorate for Preparedness,
and the Directorate of Science and Technology of the Department of
Homeland Security is transferred to the Department of Homeland
Security: Provided, That on request of the Department of Homeland
Security, the Office of Personnel Management shall cooperate with and
assist the Department in any investigation or reinvestigation under
this section: Provided further, That this section shall cease to be
effective at such time as the President has selected a single agency to
conduct security clearance investigations pursuant to section 3001(c)
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 50 U.S.C. 435b(c)) and the entity selected under section
3001(b) of such Act has reported to the 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.
Sec. 513. (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 program, 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 Secretary provides the requisite certification, and
periodically thereafter, if necessary, until the Government
Accountability Office confirms that all ten elements have been
successfully met.
(c) Within 90 days of enactment of this Act, the Secretary shall
submit to the Committees on Appropriations of the Senate and House of
Representatives a detailed plan that describes (1) the dates for
achieving key milestones, including the date or timeframes that the
Secretary will certify the program under subsection (a); and (2) the
methodology to be followed to support the Secretary's certification, as
required under subsection (a).
(d) 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.
(e) 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.
(f) None of the funds provided in this or previous appropriations
Acts may be utilized for data or a database that is obtained from or
remains under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data obtained from
air carriers.
Sec. 514. 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. 515. 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. 516. None of the funds appropriated by this Act shall be
available to maintain the United States Secret Service as anything but
a distinct entity within the Department of Homeland Security and shall
not be used to merge the United States Secret Service with any other
department function, cause any personnel and operational elements of
the United States Secret Service to report to an individual other than
the Director of the United States Secret Service, or cause the Director
to report directly to any individual other than the Secretary of
Homeland Security.
Sec. 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 Secretary of Homeland Security, in consultation with
industry stakeholders, shall develop standards and protocols for
increasing the use of explosive detection equipment to screen air cargo
when appropriate.
Sec. 519. 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 TSA shall report air
cargo inspection statistics quarterly to the Committee on
Appropriations of the House of Representatives, by airport and air
carrier, within 45 days after the end of the quarter: Provided further,
That the appropriation for ``Aviation Security'' in this Act is reduced
by $100,000 for each day beyond such deadline that such quarterly
report is not provided.
Sec. 520. 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.
Sec. 521. (a) Rescission.--From the unexpended balances of the
United States Coast Guard ``Acquisition, Construction, and
Improvements'' account specifically identified in the Joint Explanatory
Statement (House Report 109-241) accompanying Public Law 109-90 for the
Fast Response Cutter, the service life extension program of the current
110-foot Island Class patrol boat fleet, and accelerated design and
production of the Fast Response Cutter, $79,347,002 are rescinded.
(b) Additional Appropriation.--For necessary expenses of the United
States Coast Guard for ``Acquisition, Construction, and Improvements'',
there is appropriated an additional $79,347,002, to remain available
until September 30, 2009, for the service life extension program of the
current 110-foot Island Class patrol boat fleet and the acquisition of
traditional patrol boats (``parent craft'').
Sec. 522. 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 the Congress of any report prepared pursuant to
paragraph (6) of such section.
Sec. 523. No funding provided by this or previous appropriation
Acts shall be available to pay the salary of any employee serving as a
contracting officer's technical representative (COTR), or anyone acting
in a similar or like capacity, who has not received COTR training.
Sec. 524. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'' and ``Administration''
for fiscal years 2004, 2005, and 2006 that are recovered or deobligated
shall be available only for procurement and installation of explosive
detection systems for air cargo, baggage, and checkpoint screening
systems: Provided, That these funds shall be subject to section 503 of
this Act.
Sec. 525. Using funds made available in this Act, and within 60
days of enactment of this Act, the Secretary of the Department of
Homeland Security shall revise DHS MD 11056 to include the following:
(1) that information that is three years old and not incorporated in a
current, active transportation security directive or security plan
shall be determined automatically to be releaseable unless, for each
specific document, the Secretary makes a written determination that
identifies a compelling reason why the information must remain SSI; (2)
incorporation of common and extensive examples of the individual
categories of SSI information cited under 49 CFR 1520(b)(1) through
(16) in order to minimize and standardize judgment by covered persons
in the application of SSI marking; and (3) that in all judicial
proceedings where the judge overseeing the proceeding has adjudicated
that a party needs to have access to SSI information, the party shall
be deemed a DHS Covered Person for purposes of access to the SSI
information at issue in the case unless TSA or DHS demonstrates a
compelling reason why the specific individual presents a risk of harm
to the nation.
Sec. 526. The Department of Homeland Security Working Capital Fund,
established, pursuant to section 403 of Public Law 103-356 (31 U.S.C.
501 note), shall continue operations during fiscal year 2007.
Sec. 527. Rescission.--Of the unobligated balances from prior year
appropriations made available for the ``Counterterrorism Fund'',
$16,000,000 are rescinded.
Sec. 528. The weekly report required by Public Law 109-62 detailing
the allocation and obligation of funds for ``Disaster Relief'' shall
include: (1) detailed information on each allocation, obligation, or
expenditure that totals more than $50,000,000, categorized by
increments of not larger than $50,000,000; (2) the amount of credit
card purchases by agency and mission assignment; (3) obligations,
allocations, and expenditures, categorized by agency, by State, for New
Orleans, and by purpose and mission assignment; (4) status of the
Disaster Relief Fund; and (5) specific reasons for all waivers granted
and a description of each waiver: Provided, That the detailed
information required by paragraph (1) shall include the purpose of each
allocation, obligation, or expenditure; whether the work will be
performed by a governmental agency or a contractor; and, if the work is
to be performed by a contractor, the name of the contractor, the type
of contract, and whether the contract is sole-source, full and open
competition, or limited competition.
Sec. 529. Within 45 days after the close of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget execution report that sets forth the
total obligational authority appropriated (new budget authority plus
unobligated carryover), undistributed obligational authority, amount
allotted, current year obligations, unobligated authority (the
difference between total obligational authority and current year
obligations), beginning unexpended obligations, year-to-date costs, and
year end unexpended obligations, of the Department of Homeland
Security: Provided, That such information shall be provided for each
Departmental component and the Working Capital Fund at the level of
detail shown in the table of detailed funding recommendations displayed
at the end of the report accompanying this Act.
Sec. 530. (a) United States Secret Service Use of Proceeds Derived
From Criminal Investigations.--During fiscal years 2007 through 2009,
with respect to any undercover investigative operation of the United
States Secret Service (hereafter referred to in this section as the
``Secret Service'') that is necessary for the detection and prosecution
of crimes against the United States--
(1) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years, may be
used for purchasing property, buildings, and other facilities,
and for leasing space, within the United States, the District
of Columbia, and the territories and possessions of the United
States, without regard to sections 1341 and 3324 of title 31,
United States Code, section 8141 of title 40, United States
Code, sections 3732(a) and 3741 of the Revised Statutes of the
United States (41 U.S.C. 11(a) and 22), and sections 304(a) and
305 of the Federal Property and Administrative Services Act of
1949 (41 U.S.C 254(a) and 255);
(2) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years, may be
used to establish or to acquire proprietary corporations or
business entities as part of such undercover operation, and to
operate such corporations or business entities on a commercial
basis, without regard to sections 9102 and 9103 of title 31,
United States Code;
(3) sums appropriated for the Secret Service, including
unobligated balances available from prior fiscal years and the
proceeds from such undercover operation, may be deposited in
banks or other financial institutions, without regard to
section 648 of title 18, and section 3302 of title 31, United
States Code; and
(4) proceeds from such undercover operation may be used to
offset necessary and reasonable expenses incurred in such
operation, without regard to section 3302 of title 31, United
States Code.
(b) Written Certification.--The authority set forth in subsection
(a) may be exercised only upon the written certification of the
Director of the Secret Service or designee that any action authorized
by any paragraph of such subsection is necessary for the conduct of an
undercover investigative operation. Such certification shall continue
in effect for the duration of such operation, without regard to fiscal
years.
(c) Deposit of Proceeds in Treasury.--As soon as practicable after
the proceeds from an undercover investigative operation with respect to
which an action is authorized and carried out under paragraphs (3) and
(4) of subsection (a) are no longer necessary for the conduct of such
operation, such proceeds or the balance of such proceeds remaining at
the time shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(d) Reporting and Deposit of Proceeds Upon Disposition of Certain
Business Entities.--If a corporation or business entity established or
acquired as part of an undercover investigative operation under
paragraph (2) of subsection (a) with a net value of over $50,000 is to
be liquidated, sold, or otherwise disposed of, the Secret Service, as
much in advance as the Director or designee determines is practicable,
shall report the circumstance to the Secretary of Homeland Security.
The proceeds of the liquidation, sale, or other disposition, after
obligations are met, shall be deposited in the Treasury of the United
States as miscellaneous receipts.
(e) Financial Audits and Reports.--
(1) The Secret Service shall conduct detailed financial
audits of closed undercover investigative operations for which
a written certification was made pursuant to subsection (b) on
a quarterly basis and shall report the results of the audits in
writing to the Secretary of Homeland Security.
(2) The Secretary of Homeland Security shall annually
submit to the Committees on Appropriations of the Senate and
House of Representatives, at the time that the President's
budget is submitted under section 1105(a) of title 31, a
summary of such audits.
Sec. 531. The Director of the Domestic Nuclear Detection Office
shall operate extramural and intramural research, development,
demonstrations, testing and evaluation programs so as to distribute
funding through grants, cooperative agreements, other transactions and
contracts.
Sec. 532. None of the funds made available in this Act for United
States Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug (within
the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic
Act) from importing a prescription drug that complies with sections
501, 502, and 505 of such Act.
Sec. 533. From the unobligated balances of Transportation Security
Administration ``Aviation Security'' and ``Headquarters
Administration'', $4,776,000 are rescinded.
Sec. 534. Notwithstanding the requirements of section 404(b)(2)(B)
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
the Army Corps of Engineers may use Lot 19, Block 1 of the Meadowview
Acres Addition and Lot 8, Block 5 of the Meadowview Acres Addition in
Augusta, Kansas, for building portions of the flood-control levee.
Sec. 535. Notwithstanding any time limitation established for a
grant awarded under title I, chapter 6, Public Law 106-31, in the item
relating to Federal Emergency Management Agency--Disaster Assistance
for Unmet Needs, the City of Cuero, Texas, may use funds received under
such grant program until June 30, 2007.
Sec. 536. None of the funds in this Act shall be used to recruit,
hire, or employ nonscreener personnel into the Transportation Security
Administration's Federal Security Director office at each airport
participating in the security partnership program under section 44920
of title 49, United States Code, whose job title and job description
would duplicate those of nonscreener personnel employed by the
screening company that is under contract with the Transportation
Security Administration to provide security screening services at the
airport.
Sec. 537. None of the funds made available by this Act shall be
used in contravention of the Federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of title V
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et
seq.), or subtitle A of title I of the Energy Policy Act of 2005
(including the amendments made thereby).
Sec. 538. None of the funds made available in this Act may be used
in contravention of section 303 of the Energy Policy Act of 1992 (42
U.S.C. 13212).
Sec. 539. None of the funds made available in this Act may be used
to award any contract for major disaster or emergency assistance
activities under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act except in accordance with section 307 of such Act (42
U.S.C. 5150).
Sec. 540. None of the funds made available in the Act may be used
to reimburse L.B.& B. Associates, Inc. or Olgoonik Logistics, LLC (or
both) for attorneys fees related to pending litigation against Local 30
of the International Union of Operating Engineers.
Sec. 541. The amounts otherwise provided by this Act are revised by
reducing the amount made available for ``DEPARTMENTAL MANAGEMENT AND
OPERATIONS--Office of the Secretary and Executive Management'', and
increasing the amount made available for ``Office of Grants and
Training--firefighter assistance grants'' (for increasing the amount
under such heading to carry out section 33 of the Federal Fire
Prevention Control Act of 1974 by $2,100,000, and increasing the amount
under such heading to carry out section 34 of such Act by $2,100,000),
by $4,200,000.
Sec. 542. The amounts otherwise provided by this Act are revised by
increasing the amount made available for ``United States Secret
Service--Protection, Administration, and Training'' and the amount made
available for ``Federal Emergency Management Agency--Readiness,
Mitigation, Response, and Recovery'' by $2,000,000 respectively.
Sec. 543. None of the the funds appropriated or otherwise made
available in this Act may be used in contravention of section 642(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(a)).
Sec. 544. None of the funds made available by this Act may be used
to provide a foreign government information relating to the activities
of an organized volunteer civilian action group, as defined by DHS OIG-
06-4, operating in the State of California, Texas, New Mexico, or
Arizona, unless required by international treaty.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2007''.
Passed the House of Representatives June 6, 2006.
Attest:
KAREN L. HAAS,
Clerk.