[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5441 Reported in House (RH)]


                                                 Union Calendar No. 264
109th CONGRESS
  2d Session
                                H. R. 5441

                          [Report No. 109-476]

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2007, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2006

Mr. Rogers of Kentucky, from the Committee on Appropriations, reported 
 the following bill; which was committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 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: 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: 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; 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 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, 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, 
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, 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, 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 for discretionary grants, as determined 
        by the Secretary of Homeland Security, of which--
                    (A) $750,000,000 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 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, of which $500,000,000 shall be available to carry out 
section 33 of such Act (15 U.S.C. 2229) and $40,000,000 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, 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, 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)), 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 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: 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, 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. (a) Not later than six months after the date of enactment 
of this Act, the Secretary of Homeland Security shall hereafter issue 
interim final regulations that establish homeland security 
requirements, including minimum standards and required submission of 
facility security plans to the Secretary, for chemical facilities that 
the Secretary determines present the greatest security risk and that 
are not currently regulated under Federal law for homeland security 
purposes.
    (b) Interim regulations under this section shall apply to a 
chemical facility until the effective date of final regulations issued 
under other laws by the Secretary, that establish requirements and 
standards referred to in subsection (a) that apply with respect to that 
facility.
    (c) Any person that violates an interim regulation issued under 
this section shall be liable for a civil penalty under section 70117 of 
title 46, United States Code.
    This Act may be cited as the ``Department of Homeland Security 
Appropriations Act, 2007''.
                                                 Union Calendar No. 264

109th CONGRESS

  2d Session

                               H. R. 5441

                          [Report No. 109-476]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of Homeland Security for the 
     fiscal year ending September 30, 2007, and for other purposes.

_______________________________________________________________________

                              May 22, 2006

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed