[Congressional Record Volume 151, Number 124 (Thursday, September 29, 2005)]
[House]
[Pages H8585-H8626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONFERENCE REPORT ON H.R. 2360, DEPARTMENT OF HOMELAND SECURITY 
                        APPROPRIATIONS ACT, 2006

  Mr. ROGERS of Kentucky submitted the following conference report and 
statement on the bill (H.R. 2360) making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes:

                  Conference Report (H. Rept. 109-241)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2360) ``making appropriations for the Department of Homeland 
     Security for the fiscal year ending September 30, 2006, and 
     for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2006, and for other purposes, namely:

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security, as authorized by section 102 of the 
     Homeland Security Act of 2002 (6 U.S.C. 112), and executive 
     management of the Department of Homeland Security, as 
     authorized by law, $79,409,000: Provided, That not to exceed 
     $40,000 shall be for official reception and representation 
     expenses: Provided further, That, not more than 180 days from 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     an integrated immigration enforcement strategy to reduce the 
     number of undocumented aliens by ten percent per year based 
     on the most recent United States Census Bureau data.

            Office of Screening Coordination and Operations

       For necessary expenses of the Office of Screening 
     Coordination and Operations, $4,000,000.

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701-705 of the 
     Homeland Security Act of 2002 (6 U.S.C. 341-345), 
     $168,835,000: Provided, That not to exceed $3,000 shall be 
     for official reception and representation expenses: Provided 
     further, That of the total amount provided, $26,070,000 shall 
     remain available until expended solely for the alteration and 
     improvement of facilities, tenant improvements, and 
     relocation costs to consolidate Department headquarters 
     operations.

[[Page H8586]]

                 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), $19,405,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $297,229,000; of which 
     $75,756,000 shall be available for salaries and expenses; and 
     of which $221,473,000 shall be available for development and 
     acquisition of information technology equipment, software, 
     services, and related activities for the Department of 
     Homeland Security, and for the costs of conversion to 
     narrowband communications, including the cost for operation 
     of the land mobile radio legacy systems, to remain available 
     until expended: Provided, That none of the funds appropriated 
     shall be used to support or supplement the appropriations 
     provided for the United States Visitor and Immigrant Status 
     Indicator Technology project or the Automated Commercial 
     Environment: Provided further, That the Chief Information 
     Officer shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives, not more than 60 
     days from the date of enactment of this Act, an expenditure 
     plan for all information technology projects that: (1) are 
     funded by the ``Office of the Chief Information Officer'', or 
     (2) are funded by multiple components of the Department of 
     Homeland Security through reimbursable agreements: Provided 
     further, That such expenditure plan shall include each 
     specific project funded, key milestones, all funding sources 
     for each project, details of annual and lifecycle costs, and 
     projected cost savings or cost avoidance to be achieved by 
     the project: Provided further, That the Chief Information 
     Officer shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives, not more than 
     180 days from the date of enactment of this Act, a report 
     that has been approved by the Office of Management and Budget 
     and reviewed by the Government Accountability Office that 
     includes: (1) an enterprise architecture, (2) an Information 
     Technology Human Capital Plan, (3) a capital investment plan 
     for implementing the enterprise architecture, and (4) a 
     description of the information technology capital planning 
     and investment control process.

                        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. et seq.), 
     $255,495,000, to remain available until September 30, 2007.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $83,017,000, of which not to exceed 
     $100,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

    United States Visitor and Immigrant Status Indicator Technology

       For necessary expenses for the development of the United 
     States Visitor and Immigrant Status Indicator Technology 
     project, as authorized by section 110 of the Illegal 
     Immigration Reform and Immigration Responsibility Act of 1996 
     (8 U.S.C. 1221 note), $340,000,000, to remain available until 
     expended: Provided, That of the total amount made available 
     under this heading, $159,658,000 may not be obligated for the 
     United States Visitor and Immigrant Status Indicator 
     Technology project until the Committees on Appropriations of 
     the Senate and the House of Representatives receive and 
     approve a plan for expenditure prepared by the Secretary of 
     Homeland Security that:
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     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; acquisition, lease, maintenance and operation 
     of aircraft; purchase and lease of up to 4,500 (3,935 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $4,826,323,000; of 
     which $3,000,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
     not to exceed $45,000 shall be for official reception and 
     representation expenses; of which not less than $163,560,000 
     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; 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 2006, the overtime limitation prescribed in 
     section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     267(c)(1)) shall be $35,000; and notwithstanding any other 
     provision of law, none of the funds appropriated by this Act 
     may be available to compensate any employee of United States 
     Customs and Border Protection for overtime, from whatever 
     source, in an amount that exceeds such limitation, except in 
     individual cases determined by the Secretary of Homeland 
     Security, or the designee of the Secretary, to be necessary 
     for national security purposes, to prevent excessive costs, 
     or in cases of immigration emergencies: Provided further, 
     That of the total amount provided, $10,000,000 may not be 
     obligated until the Secretary submits to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     all required reports related to air and marine operations: 
     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.


                        Automation Modernization

       For expenses for customs and border protection automated 
     systems, $456,000,000, to remain available until expended, of 
     which not less than $320,000,000 shall be for the development 
     of the Automated Commercial Environment: Provided, That none 
     of the funds made available under this heading may be 
     obligated for the Automated Commercial Environment until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive and approve a plan for expenditure 
     prepared by the Secretary of Homeland Security that:
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     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.


 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, $400,231,000, to remain available until 
     expended: Provided, That no aircraft or other related 
     equipment, with the exception of aircraft that are one of a 
     kind and have been identified as excess to United States 
     Customs and Border Protection requirements and aircraft that 
     have been damaged beyond repair, shall be transferred to any 
     other Federal agency, department, or office outside of the 
     Department of Homeland Security during fiscal year 2006 
     without the prior approval of the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.


                              Construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $270,000,000, to remain available 
     until expended: Provided, That of the total amount provided 
     under this heading, $35,000,000 shall be available for the 
     San Diego sector fence; $35,000,000 shall be available for 
     Tucson sector tactical infrastructure; and $26,000,000 shall 
     be available for the Advanced Training Center.

                  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; $3,108,499,000, of which not

[[Page H8587]]

     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 $5,000,000 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 2006, 
     of which not to exceed $6,000,000 shall remain available 
     until expended: Provided further, That of the amounts 
     appropriated, $5,000,000 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 national detention management 
     plan, including the use of regional detention contracts and 
     alternatives to detention.


                       Federal Protective Service

       The revenues and collections of security fees credited to 
     this account, not to exceed $487,000,000, shall be available 
     until expended for necessary expenses related to the 
     protection of federally-owned and leased buildings and for 
     the operations of the Federal Protective Service.


                        Automation Modernization

       For expenses of immigration and customs enforcement 
     automated systems, $40,150,000, to remain available until 
     expended: Provided, That none of the funds made available 
     under this heading may be obligated until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan for expenditure prepared by the 
     Secretary of Homeland Security that:
       (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including Circular A-11, part 7;
       (2) complies with the Department of Homeland Security 
     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.


                              Construction

       For necessary expenses to plan, construct, renovate, equip, 
     and maintain buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     customs and immigration, $26,546,000, to remain available 
     until expended.

                 Transportation Security Administration


                           Aviation Security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $4,607,386,000, to remain available until September 30, 2007, 
     of which not to exceed $3,000 shall be for official reception 
     and representation expenses: Provided, That of the total 
     amount made available under this heading, not to exceed 
     $3,605,438,000 shall be for screening operations, of which 
     $175,000,000 shall be available only for procurement of 
     checked baggage explosive detection systems and $45,000,000 
     shall be available only for installation of checked baggage 
     explosive detection systems; and not to exceed $1,001,948,000 
     shall be for aviation security direction and enforcement 
     presence: Provided further, That security service fees 
     authorized under section 44940 of title 49, United States 
     Code, shall be credited to this appropriation as offsetting 
     collections 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 2006, so as to result in a final fiscal year 
     appropriation from the General Fund estimated at not more 
     than $2,617,386,000: Provided further, That any security 
     service fees collected in excess of the amount made available 
     under this heading shall become available during fiscal year 
     2007: Provided further, That 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 
     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 heads of Federal agencies and 
     commissions shall not be exempt from Federal passenger and 
     baggage screening: Provided further, That reimbursement for 
     security services and related equipment and supplies provided 
     in support of general aviation access to the Ronald Reagan 
     Washington National Airport shall be credited to this 
     appropriation and shall be available until expended solely 
     for these purposes: 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, $36,000,000, to remain available until 
     September 30, 2007.


                Transportation Vetting and Credentialing

       For necessary expenses for the development and 
     implementation of screening programs of the Office of 
     Transportation Vetting and Credentialing, $74,996,000, to 
     remain available until September 30, 2007.


                    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), $510,483,000, to remain available 
     until September 30, 2007: Provided, That of the funds 
     appropriated under this heading, $5,000,000 may not be 
     obligated until the Secretary submits to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives: (1) a plan for optimally deploying 
     explosive detection equipment, either in-line or to 
     replace explosive trace detection machines, at the 
     Nation's airports on a priority basis to enhance security, 
     reduce Transportation Security Administration staffing 
     requirements, and reduce long-term costs; and (2) a 
     detailed expenditure plan for explosive detection systems 
     procurement and installations on an airport-by-airport 
     basis for fiscal year 2006: Provided further, That these 
     plans shall be submitted no later than 60 days from the 
     date of enactment of this Act.


                          Federal Air Marshals

       For necessary expenses of the Federal Air Marshals, 
     $686,200,000.

                       United States Coast Guard


                           Operating Expenses

                    (including rescission of funds)

       For necessary expenses for the operation and maintenance of 
     the United States Coast Guard not otherwise provided for; 
     purchase or lease of not to exceed 25 passenger motor 
     vehicles, 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; $5,492,331,000, of which 
     $1,200,000,000 shall be for defense-related activities; of 
     which $24,500,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)); and of which not to exceed $3,000 shall be for 
     official reception and representation expenses: Provided, 
     That none of the funds made available by this or any other 
     Act shall be available for administrative expenses in 
     connection with shipping commissioners in the United States: 
     Provided further, That none of the funds made available by 
     this Act shall be for expenses incurred for yacht 
     documentation under section 12109 of title 46, United States 
     Code, except to the extent fees are collected from yacht 
     owners and credited to this appropriation.
       In addition, of the funds appropriated under this heading 
     in Public Law 108-11 (117 Stat. 583), $15,103,569 are 
     rescinded.


                Environmental Compliance and Restoration

       For necessary expenses to carry out the environmental 
     compliance and restoration functions of the United States 
     Coast Guard under chapter 19 of title 14, United States Code, 
     $12,000,000, to remain available until expended.


                            Reserve Training

       For necessary expenses of the Coast Guard Reserve, as 
     authorized by law; operations and maintenance of the reserve 
     program; personnel and training costs; and equipment and 
     services; $119,000,000.


              Acquisition, Construction, and Improvements

       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; 
     $1,141,800,000, of which $20,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $18,500,000 shall be available 
     until September 30, 2010, to acquire, repair, renovate, or 
     improve vessels, small boats, and related equipment; of which 
     $20,000,000 shall be available until September 30, 2010, to 
     increase aviation capability; of which $65,000,000 shall be 
     available until September 30, 2008, for other equipment; of 
     which $31,700,000 shall be available until September 30, 
     2008, for shore facilities and aids to navigation facilities; 
     of which $73,500,000 shall be available for personnel 
     compensation and benefits and related costs; and of which 
     $933,100,000 shall be available until September 30, 2010, for 
     the Integrated Deepwater Systems program: Provided, That the 
     Commandant of the Coast Guard is authorized to dispose of 
     surplus real property, by sale or

[[Page H8588]]

     lease, and the proceeds shall be credited to this 
     appropriation as offsetting collections and shall be 
     available until September 30, 2008: 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 2007 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 detailed explanation of how the 
     costs of legacy assets are being accounted for within the 
     Deepwater program; an explanation of why many assets that are 
     elements of the Integrated Deepwater System are not accounted 
     for within the Deepwater appropriation under this heading; a 
     description of the competitive process conducted in all 
     contracts and subcontracts exceeding $5,000,000 within the 
     Deepwater program; a description of how the Coast Guard is 
     planning for the human resource needs of Deepwater assets; 
     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, 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 for that fiscal year: Provided further, That any 
     inconsistencies between the capital investment plan and 
     proposed appropriations shall be identified and justified.


                         Alteration of Bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, as authorized by section 6 of the 
     Truman-Hobbs Act (33 U.S.C. 516), $15,000,000, to remain 
     available until expended.


              Research, Development, Test, and Evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized by law; $17,750,000, to remain 
     available until expended, of which $2,000,000 shall be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be 
     credited to and used for the purposes of this appropriation 
     funds received from State and local governments, other public 
     authorities, private sources, and foreign countries for 
     expenses incurred for research, development, testing, and 
     evaluation.


                              Retired Pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent receipts and combat-related 
     special compensation under the National Defense Authorization 
     Act, and payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,014,080,000.

                      United States Secret Service


                         Salaries and Expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 614 vehicles for police-
     type use, which shall be for replacement only, and hire of 
     passenger motor vehicles; purchase of American-made 
     motorcycles; hire of aircraft; services of expert witnesses 
     at such rates as may be determined by the Director of the 
     Secret Service; rental of buildings in the District of 
     Columbia, and fencing, lighting, guard booths, and other 
     facilities on private or other property not in Government 
     ownership or control, as may be necessary to perform 
     protective functions; payment of per diem or subsistence 
     allowances to employees where a protective assignment during 
     the actual day or days of the visit of a protectee requires 
     an employee to work 16 hours per day or to remain overnight 
     at a post of duty; conduct of and participation in firearms 
     matches; presentation of awards; travel of Secret Service 
     employees on protective missions without regard to the 
     limitations on such expenditures in this or any other Act if 
     approval is obtained in advance from the Committees on 
     Appropriations of the Senate and the House of 
     Representatives; research and development; grants to conduct 
     behavioral research in support of protective research and 
     operations; and payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; $1,208,310,000, of which not to exceed $25,000 
     shall be for official reception and representation expenses; 
     of which not to exceed $100,000 shall be to provide technical 
     assistance and equipment to foreign law enforcement 
     organizations in counterfeit investigations; of which 
     $2,389,000 shall be for forensic and related support of 
     investigations of missing and exploited children; and of 
     which $5,500,000 shall be a grant for activities related to 
     the investigations of missing and exploited children and 
     shall remain available until expended: Provided, That up to 
     $18,000,000 provided for protective travel shall remain 
     available until September 30, 2007: Provided further, That of 
     the total amount appropriated, not less than $2,500,000 shall 
     be available solely for the unanticipated costs related to 
     security operations for National Special Security Events, to 
     remain available until September 30, 2007: Provided further, 
     That the United States Secret Service is authorized to 
     obligate funds in anticipation of reimbursements from Federal 
     agencies and entities, as defined in section 105 of title 5, 
     United States Code, receiving training sponsored by the James 
     J. Rowley Training Center, except that total obligations at 
     the end of the fiscal year shall not exceed total budgetary 
     resources available under this heading at the end of the 
     fiscal year.


     Acquisition, Construction, Improvements, and Related Expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $3,699,000, to remain available until expended.

                  TITLE III--PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                     Management and Administration

       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, $16,079,000: Provided, That not to exceed 
     $7,000 shall be for official reception and representation 
     expenses.

                    Office for Domestic Preparedness


                         SALARIES AND EXPENSES

       For necessary expenses for the Office for Domestic 
     Preparedness, $5,000,000.


                        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, $2,501,300,000, which shall be 
     allocated as follows:
       (1) $550,000,000 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; that States shall submit applications within 90 
     days after the grant announcement; and that the Office for 
     Domestic Preparedness shall act within 90 days after receipt 
     of an application: Provided further, That no less than 80 
     percent of any grant under this paragraph to a State shall be 
     made available by the State to local governments within 60 
     days after the receipt of the funds.
       (2) $1,155,000,000 for discretionary grants, as determined 
     by the Secretary of Homeland Security, of which--
       (A) $765,000,000 shall be for use in high-threat, high-
     density urban areas: Provided, That $25,000,000 shall be 
     available until expended for assistance to organizations (as 
     described under section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax section 501(a) of such Code) 
     determined by the Secretary to be at high-risk of 
     international terrorist attack, and that these determinations 
     shall not be delegated to any Federal, State, or local 
     government official: Provided further, That the Secretary 
     shall certify to the Committees on Appropriations of the 
     Senate and the House of Representatives the threat to each 
     designated tax exempt grantee at least 3 full business days 
     in advance of the announcement of any grant award;
       (B) $175,000,000 shall be for port security grants pursuant 
     to the purposes of 46 United States Code 70107(a) through 
     (h), which shall be awarded based on risk and threat 
     notwithstanding subsection (a), for eligible costs as defined 
     in subsections (b)(2)-(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 passenger rail 
     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 from the date of enactment of this Act; that 
     States shall submit applications within 90 days after the 
     grant announcement; and that the Office for Domestic 
     Preparedness shall act within 90 days after receipt of an 
     application: Provided further,  That no less than 80 percent 
     of any grant under this paragraph to a State shall be made 
     available by the State to local governments within 60 days 
     after the receipt of the funds.
       (3) $50,000,000 shall be available for the Commercial 
     Equipment Direct Assistance Program.
       (4) $346,300,000 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 
     proceeding proviso shall not apply to

[[Page H8589]]

     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) and 
     discretionary grants under paragraph (2)(A) of this heading 
     shall be available for operational costs, to include 
     personnel overtime and overtime associated with Office for 
     Domestic Preparedness certified training, as needed: Provided 
     further, That in accordance with the Department's 
     implementation plan for Homeland Security Presidential 
     Directive 8, the Office for Domestic Preparedness shall issue 
     the final National Preparedness Goal no later than December 
     31, 2005; and no funds provided under paragraphs (1) and 
     (2)(A) shall be awarded to States that have not submitted to 
     the Office for Domestic Preparedness an updated State 
     homeland strategy based on the interim National Preparedness 
     Goal, dated March 31, 2005: Provided further, That the 
     Government Accountability Office shall review the validity of 
     the threat and risk factors used by the Secretary for the 
     purposes of allocating discretionary grants funded under this 
     heading, and the application of those factors in the 
     allocation of funds, and report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     on the findings of its review by November 17, 2005: Provided 
     further, That within seven days from the date of enactment of 
     this Act, the Secretary shall provide the Government 
     Accountability Office with the threat and risk methodology 
     and factors that will be used to allocate discretionary 
     grants funded under this heading.


                     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.), $655,000,000, of which $545,000,000 shall be 
     available to carry out section 33 (15 U.S.C. 2229) and 
     $110,000,000 shall be available to carry out section 34 (15 
     U.S.C. 2229a) of such Act, to remain available until 
     September 30, 2007: Provided, That not to exceed 5 percent of 
     this amount shall be available for program administration.


                Emergency Management Performance Grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $185,000,000: 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 2006, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall 
     not be less than 100 percent of the amounts anticipated by 
     the Department of Homeland Security necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year: Provided, That the methodology for assessment 
     and collection of fees shall be fair and equitable and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees: Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2006, 
     and remain available until expended.

             United States Fire Administration and Training

       For necessary expenses of the United States Fire 
     Administration and for other purposes, as authorized by 15 
     U.S.C. 2201 et seq. and 6 U.S.C. 101 et seq., $44,948,000.

           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.), $625,499,000, of which $542,157,000 shall 
     remain available until September 30, 2007.

                         COUNTERTERRORISM FUND

       For necessary expenses, as determined by the Secretary of 
     Homeland Security, to reimburse any Federal agency for the 
     costs of providing support to counter, investigate, or 
     respond to unexpected threats or acts of terrorism, including 
     payment of rewards in connection with these activities, 
     $2,000,000, to remain available until expended: Provided, 
     That the Secretary shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     15 days prior to the obligation of any amount of these funds 
     in accordance with section 503 of this Act.

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                 Administrative and Regional Operations

       For necessary expenses for administrative and regional 
     operations, $221,240,000, including activities authorized by 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.), the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), the Defense Production Act of 1950 (50 U.S.C. 
     App. 2061 et seq.), sections 107 and 303 of the National 
     Security Act of 1947 (50 U.S.C. 404, 405), Reorganization 
     Plan No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security 
     Act of 2002 (6 U.S.C. 101 et seq.): Provided, That not to 
     exceed $3,000 shall be for official reception and 
     representation expenses.

            Preparedness, Mitigation, Response, and Recovery

       For necessary expenses for preparedness, mitigation, 
     response, and recovery activities, $204,058,000, including 
     activities authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Production 
     Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 
     303 of the National Security Act of 1947 (50 U.S.C. 404, 
     405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and 
     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): 
     Provided, That of the total amount made available under this 
     heading, $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.

                         Public Health Programs

       For necessary expenses for countering potential biological, 
     disease, and chemical threats to civilian populations, 
     $34,000,000.

                            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.), $1,770,000,000, to remain available 
     until expended.

            Disaster Assistance Direct Loan Program Account

       For administrative expenses to carry out the direct loan 
     program, as authorized by section 319 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5162), $567,000: Provided, That gross obligations for 
     the principal amount of direct loans shall not exceed 
     $25,000,000: Provided further, That the cost of modifying 
     such loans shall be as defined in section 502 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a).

                      Flood Map Modernization Fund

       For necessary expenses pursuant to section 1360 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4101), 
     $200,000,000, and such additional sums as may be provided by 
     State and local governments or other political subdivisions 
     for cost-shared mapping activities under section 1360(f)(2) 
     of such Act, to remain available until expended: Provided, 
     That total administrative costs shall not exceed 3 percent of 
     the total appropriation.

                     National Flood Insurance Fund


                     (including transfer of funds)

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), not to exceed $36,496,000 for 
     salaries and expenses associated with flood mitigation and 
     flood insurance operations; not to exceed $40,000,000 for 
     financial assistance under section 1361A of such Act to 
     States and communities for taking actions under such section 
     with respect to severe repetitive loss properties, to remain 
     available until expended; not to exceed $10,000,000 for 
     mitigation actions under section 1323 of such Act; and not to 
     exceed $99,358,000 for flood hazard mitigation, to remain 
     available until September 30, 2007, including up to 
     $40,000,000 for expenses under section 1366 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4104c), which amount 
     shall be available for transfer to the National Flood 
     Mitigation Fund until September 30, 2007, and which amount 
     shall be derived from offsetting collections assessed and 
     collected pursuant to section 1307 of that Act (42 U.S.C. 
     4014), and shall be retained and used for necessary expenses 
     under this heading: Provided, That in fiscal year 2006, no 
     funds in excess of: (1) $55,000,000 for operating expenses; 
     (2) $660,148,000 for commissions and taxes of agents; and (3) 
     $30,000,000 for interest on Treasury borrowings shall be 
     available from the National Flood Insurance Fund.

                     National Flood Mitigation Fund

       Notwithstanding subparagraphs (B) and (C) of subsection 
     (b)(3), and subsection (f), of section 1366 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4104c), $40,000,000, 
     to remain available until September 30, 2007, for activities 
     designed to reduce the risk of flood damage to structures 
     pursuant to such Act, of which $40,000,000 shall be derived 
     from the National Flood Insurance Fund.

                  National Predisaster Mitigation Fund

       For a predisaster mitigation grant program under title II 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5131 et seq.), $50,000,000, to 
     remain available until expended: Provided, That grants made 
     for predisaster mitigation shall be awarded on a competitive 
     basis subject to the criteria in section 203(g) of such Act 
     (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of 
     such Act, shall be made without reference to State 
     allocations, quotas, or other formula-based allocation of 
     funds: Provided further, That total administrative costs 
     shall not exceed 3 percent of the total appropriation.

                       Emergency Food and Shelter

       To carry out an emergency food and shelter program pursuant 
     to title III of the Stewart B. McKinney Homeless Assistance 
     Act (42 U.S.C. 11331 et seq.), $153,000,000, to remain 
     available until expended: Provided, That total administrative 
     costs shall not exceed 3.5 percent of the total 
     appropriation.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $115,000,000: Provided, That the Director of United 
     States Citizenship and

[[Page H8590]]

     Immigration Services shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a report on its information technology transformation efforts 
     and how these efforts align with the enterprise architecture 
     standards of the Department of Homeland Security within 90 
     days from the date of enactment of this Act.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; purchase of not to 
     exceed 117 vehicles for police-type use and hire of passenger 
     motor vehicles; expenses for student athletic and related 
     activities; the conduct of and participation in firearms 
     matches and presentation of awards; public awareness and 
     enhancement of community support of law enforcement training; 
     room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal mobile 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $194,000,000, of 
     which up to $42,119,000 for materials and support costs of 
     Federal law enforcement basic training shall remain available 
     until September 30, 2007; and of which not to exceed $12,000 
     shall be for official reception and representation expenses: 
     Provided, That the Center is authorized to obligate funds in 
     anticipation of reimbursements from agencies receiving 
     training sponsored by the Center, except that total 
     obligations at the end of the fiscal year shall not exceed 
     total budgetary resources available at the end of the fiscal 
     year.


     Acquisition, Construction, Improvements, and Related Expenses

       For acquisition of necessary additional real property and 
     facilities, construction, and ongoing maintenance, facility 
     improvements, and related expenses of the Federal Law 
     Enforcement Training Center, $88,358,000, to remain available 
     until expended: Provided, That the Center is authorized to 
     accept reimbursement to this appropriation from government 
     agencies requesting the construction of special use 
     facilities.

                         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.), $81,099,000: Provided, That not to exceed $3,000 
     shall be for official reception and representation expenses.


           Research, Development, Acquisition, and Operations

       For necessary expenses for science and technology research, 
     including advanced research projects; development; test and 
     evaluation; acquisition; and operations; as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.); $1,420,997,000, to remain available until expended: 
     Provided, That of the total amount provided under this 
     heading, $23,000,000 is available to select a site for the 
     National Bio and Agrodefense Facility and perform other pre-
     construction activities to establish research capabilities to 
     protect animal and public health from high consequence animal 
     and zoonotic diseases in support of Homeland Security 
     Presidential Directives 9 and 10: Provided further, That of 
     the amount provided under this heading, $318,014,000 shall be 
     for activities of the Domestic Nuclear Detection Office, of 
     which $125,000,000 shall be for the purchase and deployment 
     of radiation portal monitors for United States ports of entry 
     and of which no less than $81,000,000 shall be for 
     radiological and nuclear research and development activities: 
     Provided further, That excluding the funds made available 
     under the preceding proviso for radiation portal monitors, 
     $144,760,500 of the total amount made available under this 
     heading for the Domestic Nuclear Detection Office shall not 
     be obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives receive and approve 
     an expenditure plan for the Domestic Nuclear Detection 
     Office: Provided further, That the expenditure plan shall 
     include funding by program, project, and activity for each of 
     fiscal years 2006 through 2010 prepared by the Secretary of 
     Homeland Security that has been reviewed by the Government 
     Accountability Office.

                      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 
     2006, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds for any program, 
     project, or activity for which funds have been denied or 
     restricted by the Congress; (4) proposes to use funds 
     directed for a specific activity by either of the Committees 
     on Appropriations of the Senate or House of Representatives 
     for a different purpose; or (5) contracts out any functions 
     or activities for which funds have been appropriated for 
     Federal full-time equivalent positions; unless the Committees 
     on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2006, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available 
     to the agencies funded by this Act, shall be available for 
     obligation or expenditure for programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $5,000,000 or 10 percent, whichever is less, that: (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 
     percent as approved by the Congress; or (3) results from 
     any general savings from a reduction in personnel that 
     would result in a change in existing programs, projects, 
     or activities as approved by the Congress; unless the 
     Committees on Appropriations of the Senate and the House 
     of Representatives are notified 15 days in advance of such 
     reprogramming of funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriations, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers: Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) of this section 
     and shall not be available for obligation unless the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances which imminently threaten the safety of human 
     life or the protection of property.
       (e) Hereafter, notwithstanding any other provision of law, 
     notifications pursuant to this section or any other authority 
     for reprogramming or transfer of funds shall be made solely 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives.
       Sec. 504. None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security may be used 
     to make payments to the ``Department of Homeland Security 
     Working Capital Fund'', except for the activities and amounts 
     allowed in section 6024 of Public Law 109-13, excluding the 
     Homeland Secure Data Network: Provided, That any additional 
     activities and amounts must be approved by the Committees on 
     Appropriations of the Senate and the House of Representatives 
     30 days in advance of obligation.
       Sec. 505. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2006 from appropriations 
     for salaries and expenses for fiscal year 2006 in this Act 
     shall remain available through September 30, 2007, in the 
     account and for the purposes for which the appropriations 
     were provided: Provided, That prior to the obligation of such 
     funds, a request shall be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for approval in accordance with section 503 of this Act.
       Sec. 506. Funds made available by this Act for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2006 until the 
     enactment of an Act authorizing intelligence activities for 
     fiscal year 2006.
       Sec. 507. The Federal Law Enforcement Training Center shall 
     lead the Federal law enforcement training accreditation 
     process, to include 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. 508. 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. 509. 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. 510. 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

[[Page H8591]]

     Federal Law Enforcement Training Center to ensure that these 
     training centers are operated at the highest capacity 
     throughout the fiscal year.
       Sec. 511. None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses of any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus, if required by the Public Buildings Act 
     of 1959 (40 U.S.C. 3301), has not been approved, except that 
     necessary funds may be expended for each project for required 
     expenses for the development of a proposed prospectus.
       Sec. 512. 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. 513. The Secretary of Homeland Security shall take all 
     actions necessary to ensure that the Department of Homeland 
     Security is in compliance with the second proviso of section 
     513 of Public Law 108-334 and shall report to the Committees 
     on Appropriations of the Senate and House of 
     Representatives biweekly beginning on October 1, 2005, on 
     any reasons for non-compliance: Provided, That, 
     furthermore, the Secretary shall take all possible 
     actions, including the procurement of certified systems to 
     inspect and screen air cargo on passenger aircraft, to 
     increase the level of air cargo inspected beyond that 
     mandated in section 513 of Public Law 108-334 and shall 
     report to the Committees on Appropriations of the Senate 
     and the House of Representatives every six months on the 
     actions taken and the percentage of air cargo inspected at 
     each airport.
       Sec. 514. Notwithstanding section 3302 of title 31, United 
     States Code, for fiscal year 2006 and thereafter, the 
     Administrator of the Transportation Security Administration 
     may impose a reasonable charge for the lease of real and 
     personal property to Transportation Security Administration 
     employees and for use by Transportation Security 
     Administration employees and may credit amounts received to 
     the appropriation or fund initially charged for operating and 
     maintaining the property, which amounts shall be available, 
     without fiscal year limitation, for expenditure for property 
     management, operation, protection, construction, repair, 
     alteration, and related activities.
       Sec. 515. For fiscal year 2006 and thereafter, the 
     acquisition management system of the Transportation Security 
     Administration shall apply to the acquisition of services, as 
     well as equipment, supplies, and materials.
       Sec. 516. Notwithstanding any other provision of law, the 
     authority of the Office of Personnel Management to conduct 
     personnel security and suitability background investigations, 
     update investigations, and periodic reinvestigations of 
     applicants for, or appointees in, positions in the Office of 
     the Secretary and Executive Management, the Office of the 
     Under Secretary for Management, Analysis and Operations, 
     Immigration and Customs Enforcement, 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) 
     and the entity selected under section 3001(b) of such Act has 
     reported to Congress that the agency selected pursuant to 
     such section 3001(c) is capable of conducting all necessary 
     investigations in a timely manner or has authorized the 
     entities within the Department of Homeland Security covered 
     by this section to conduct their own investigations pursuant 
     to section 3001 of such Act.
       Sec. 517. Hereafter, notwithstanding any other provision of 
     law, funds appropriated under paragraphs (1) and (2) of the 
     State and Local Programs heading under title III of this Act 
     are exempt from section 6503(a) of title 31, United States 
     Code.
       Sec. 518. (a) None of the funds provided by this or 
     previous appropriations Acts may be obligated for deployment 
     or implementation, on other than a test basis, of the Secure 
     Flight program or any other follow on or successor passenger 
     prescreening programs, until the Secretary of Homeland 
     Security certifies, and the Government Accountability Office 
     reports, to the Committees on Appropriations of the Senate 
     and the House of Representatives, that all ten of the 
     elements contained in paragraphs (1) through (10) of section 
     522(a) of Public Law 108-334 (118 Stat. 1319) have been 
     successfully met.
       (b) The report required by subsection (a) shall be 
     submitted within 90 days after the certification required by 
     such subsection is provided, and periodically thereafter, if 
     necessary, until the Government Accountability Office 
     confirms that all ten elements have been successfully met.
       (c) During the testing phase permitted by subsection (a), 
     no information gathered from passengers, foreign or domestic 
     air carriers, or reservation systems may be used to screen 
     aviation passengers, or delay or deny boarding to such 
     passengers, except in instances where passenger names are 
     matched to a Government watch list.
       (d) None of the funds provided in this or previous 
     appropriations Acts may be utilized to develop or test 
     algorithms assigning risk to passengers whose names are not 
     on Government watch lists.
       (e) None of the funds provided in this or previous 
     appropriations Acts may be utilized for 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. 519. None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 520. None of the funds appropriated by this Act may be 
     used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for 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. 521. 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. 522. 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. 523. The Department of Homeland Security processing 
     and data storage facilities at the John C. Stennis Space 
     Center shall hereafter be known as the ``National Center for 
     Critical Information Processing and Storage''.
       Sec. 524. The Secretary, 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. 525. The Transportation Security Administration (TSA) 
     shall utilize existing checked baggage explosive detection 
     equipment and screeners to screen cargo carried on passenger 
     aircraft to the greatest extent practicable at each airport: 
     Provided, That beginning with November 2005, TSA shall 
     provide a monthly report to the Committees on Appropriations 
     of the Senate and the House of Representatives detailing, by 
     airport, the amount of cargo carried on passenger aircraft 
     that was screened by TSA in August 2005 and each month 
     thereafter.
       Sec. 526. None of the funds available for obligation for 
     the transportation worker identification credential program 
     shall be used to develop a personalization system that is 
     decentralized or a card production capability that does not 
     utilize an existing government card production facility: 
     Provided, That no funding can be obligated for the next phase 
     of production until the Committees on Appropriations of the 
     Senate and the House of Representatives have been fully 
     briefed on the results of the prototype phase and agree that 
     the program should move forward.
       Sec. 527. (a) From the unexpended balances of the United 
     States Coast Guard ``Acquisition, Construction, and 
     Improvements'' account specifically identified in the Joint 
     Explanatory Statement (House Report 108-10) accompanying 
     Public Law 108-7 for the 110-123 foot patrol boat upgrade, 
     the Joint Explanatory Statement (House Report 108-280) 
     accompanying Public Law 108-90 for the Fast Response Cutter/
     110-123 foot patrol boat conversion, and in the Joint 
     Explanatory Statement (House Report 108-774) accompanying 
     Public Law 108-334 for the Integrated Deepwater System patrol 
     boats 110-123 foot conversion, $78,630,689 are rescinded.
       (b) For necessary expenses of the United States Coast Guard 
     for ``Acquisition, Construction, and Improvements'', an 
     additional $78,630,689, to remain available until September 
     30, 2009, for 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.
       Sec. 528. The Secretary of Homeland Security shall utilize 
     the Transportation Security Clearinghouse as the central 
     identity management system for the deployment and operation 
     of the registered traveler program and the transportation 
     worker identification credential program for the purposes of 
     collecting and aggregating biometric data necessary for 
     background vetting; providing all associated record-keeping, 
     customer service, and related functions; ensuring 
     interoperability between different airports and vendors; and 
     acting as a central activation, revocation, and transaction 
     hub for participating airports, ports, and other points of 
     presence.
       Sec. 529. None of the funds made available in this Act may 
     be used by any person other than the privacy officer 
     appointed pursuant to section 222 of the Homeland Security 
     Act of 2002 (6 U.S.C. 142) to alter, direct that changes be 
     made to, delay, or prohibit the transmission to Congress of 
     any report prepared pursuant to paragraph (5) of such 
     section.
       Sec. 530. 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. 531. Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'' 
     and ``Administration'' in fiscal years 2004 and 2005 that are 
     recovered or deobligated shall be available only for 
     procurement and installation of

[[Page H8592]]

     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. 532. Not later than 60 days from the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a survey of all ports of entry in the United 
     States and designate an airport as a port of entry in each 
     State that does not have a port of entry.
       Sec. 533. Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall consider eligible under 
     the Federal Emergency Management Agency Public Assistance 
     Program the costs sufficient to enable the city to repair and 
     upgrade all damaged and undamaged elements of the Carnegie 
     Library in the City of Paso Robles, California, which was 
     damaged by the 2003 San Simeon earthquake, so that the 
     library is brought into conformance with all local code 
     requirements for new construction: Provided, That the 
     appropriate Federal share shall apply to approval for this 
     project.
       Sec. 534. Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall consider eligible under 
     the Federal Emergency Management Agency Public Assistance 
     Program costs for the damage to canals and wooden flumes, 
     which was incurred during a 1996 storm and subsequent 
     mudslide in El Dorado County, California, to the El Dorado 
     Irrigation District, based on fifty percent of the costs of 
     the Improved Project for the Mill Creek to Bull Creek tunnel 
     proposed in a November 2001 Carleton Engineering Report: 
     Provided, That the appropriate Federal share shall apply to 
     approval for this project.
       Sec. 535. Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall consider eligible under 
     the Federal Emergency Management Agency Public Assistance 
     Program the costs sufficient to enable replacement of 
     research and education materials and library collections and 
     for other non-covered losses at the University of Hawaii 
     Manoa campus, Hawaii, resulting from an October 30, 2004, 
     flood event.
       Sec. 536. Section 101(a)(15)(H)(ii)(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is 
     amended by striking ``the Internal Revenue Code of 1954 and 
     agriculture as defined in section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)),'' and inserting 
     ``the Internal Revenue Code of 1986, agriculture as defined 
     in section 3(f) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203(f)), and the pressing of apples for cider on a 
     farm,''.
       Sec. 537. Using funds made available in this Act, the 
     Secretary of Homeland Security shall provide that each office 
     within the Department that handles documents marked as 
     Sensitive Security Information (SSI) shall have at least one 
     employee in that office with authority to coordinate and make 
     determinations on behalf of the agency that such documents 
     meet the criteria for marking as SSI: Provided, That not 
     later than December 31, 2005, the Secretary shall submit 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives: (1) Department-wide policies for 
     designating, coordinating and marking documents as SSI; 
     (2) Department-wide auditing and accountability procedures 
     for documents designated and marked as SSI; (3) the total 
     number of SSI Coordinators within the Department; and (4) 
     the total number of staff authorized to designate SSI 
     documents within the Department: Provided further, That 
     not later than January 31, 2006, the Secretary shall 
     provide to the Committees on Appropriations of the Senate 
     and the House of Representatives the title of all DHS 
     documents that are designated as SSI in their entirety 
     during the period October 1, 2005, through December 31, 
     2005: Provided further, That not later than January 31 of 
     each succeeding year, starting on January 31, 2007, the 
     Secretary shall provide annually a similar report to the 
     Committees on Appropriations of the Senate and the House 
     of Representatives on the titles of all DHS documents that 
     are designated as SSI in their entirety during the period 
     of January 1 through December 31 for the preceding year: 
     Provided further, That the Secretary shall promulgate 
     guidance that includes common but extensive examples of 
     SSI that further define the individual categories of 
     information cited under 49 CFR 1520(b)(1) through (16) and 
     eliminates judgment by covered persons in the application 
     of the SSI marking: Provided further, That such guidance 
     shall serve as the primary basis and authority for the 
     marking of DHS information as SSI by covered persons.
       Sec. 538. For grants to States pursuant to section 204(a) 
     of the REAL ID Act of 2005 (Division B of Public Law 109-13), 
     $40,000,000, to remain available until expended: Provided, 
     That of the funds provided under this section, $34,000,000 
     may not be obligated or allocated for grants until the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive and approve an implementation plan 
     for the responsibilities of the Department of Homeland 
     Security under the REAL ID Act of 2005 (Division B of Public 
     Law 109-13), including the proposed uses of the grant monies: 
     Provided further, That of the funds provided under this 
     section, not less than $6,000,000 shall be made available 
     within 60 days from the date of enactment of this Act to 
     States for pilot projects on integrating hardware, software, 
     and information management systems.
       Sec. 539. For activities related to the Department of 
     Homeland Security Working Capital Fund, subsection (f) of 
     section 403 of Public Law 103-356 (31 U.S.C. 501 note), is 
     amended by striking ``October 1, 2005'' and inserting 
     ``October 1, 2006''.
       Sec. 540. For fiscal year 2006 and thereafter, 
     notwithstanding section 553 of title 5, United States Code, 
     the Secretary of Homeland Security shall impose a fee for any 
     registered traveler program undertaken by the Department of 
     Homeland Security by notice in the Federal Register, and may 
     modify the fee from time to time by notice in the Federal 
     Register: Provided, That such fees shall not exceed the 
     aggregate costs associated with the program and shall be 
     credited to the Transportation Security Administration 
     registered traveler fee account, to be available until 
     expended.
       Sec. 541. A person who has completed a security awareness 
     training course approved by or operated under a cooperative 
     agreement with the Department of Homeland Security using 
     funds made available in fiscal year 2006 and thereafter or in 
     any prior appropriations Acts, who is enrolled in a program 
     recognized or acknowledged by an Information Sharing and 
     Analysis Center, and who reports a situation, activity or 
     incident pursuant to that program to an appropriate 
     authority, shall not be liable for damages in any action 
     brought in a Federal or State court which result from any act 
     or omission unless such person is guilty of gross negligence 
     or willful misconduct.
       Sec. 542. Of the unobligated balances available in the 
     ``Department of Homeland Security Working Capital Fund'', 
     $15,000,000 are rescinded.
       Sec. 543. Of the unobligated balances from prior year 
     appropriations made available for Transportation Security 
     Administration ``Aviation Security'', $5,500,000 are 
     rescinded.
       Sec. 544. Of funds made available for the United States 
     Coast Guard in previous appropriations Acts, $6,369,118 are 
     rescinded, as follows: (1) $499,489 provided for ``Coast 
     Guard, Acquisition, Construction, and Improvements'' in 
     Public Law 105-277; (2) $87,097 provided for ``Coast Guard, 
     Operating Expenses'' in Public Law 105-277; (3) $269,217 
     provided for ``Coast Guard, Acquisition, Construction, and 
     Improvements'' in Public Law 107-87; (4) $8,315 provided for 
     ``Coast Guard, Acquisition, Construction, and Improvements'' 
     in Public Law 106-69; and (5) $5,505,000 for ``Coast Guard, 
     Acquisition, Construction, and Improvements'' in Public Law 
     108-90.
       Sec. 545. Of the unobligated balances from prior year 
     appropriations made available for the ``Counterterrorism 
     Fund'', $8,000,000 are rescinded.
       Sec. 546. Of the unobligated balances from prior year 
     appropriations made available for Science and Technology 
     ``Research, Development, Acquisition, and Operations'', 
     $20,000,000 are rescinded.
       Sec. 547. Security Screening Opt-Out Program. Section 44920 
     of title 49, United States Code, is amended by adding at the 
     end the following:
       ``(g) Operator of Airport.--Notwithstanding any other 
     provision of law, an operator of an airport shall not be 
     liable for any claims for damages filed in State or Federal 
     court (including a claim for compensatory, punitive, 
     contributory, or indemnity damages) relating to--
       ``(1) such airport operator's decision to submit an 
     application to the Secretary of Homeland Security under 
     subsection (a) or section 44919 or such airport operator's 
     decision not to submit an application; and
       ``(2) any act of negligence, gross negligence, or 
     intentional wrongdoing by--
       ``(A) a qualified private screening company or any of its 
     employees in any case in which the qualified private 
     screening company is acting under a contract entered into 
     with the Secretary of Homeland Security or the Secretary's 
     designee; or
       ``(B) employees of the Federal Government providing 
     passenger and property security screening services at the 
     airport.
       ``(3) Nothing in this section shall relieve any airport 
     operator from liability for its own acts or omissions related 
     to its security responsibilities, nor except as may be 
     provided by the Support Anti-Terrorism by Fostering Effective 
     Technologies Act of 2002 shall it relieve any qualified 
     private screening company or its employees from any liability 
     related to its own acts of negligence, gross negligence, or 
     intentional wrongdoing.''.
       Sec. 548. 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, and 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; 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 let, and whether the 
     contract is sole-source, full and open competition, or 
     limited competition.
       This Act may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2006''.
       And the Senate agree to the same.
     Harold Rogers,
     Zach Wamp,
     Tom Latham,
     Jo Ann Emerson,
     John E. Sweeney,
     Jim Koble,
     Ernest J. Istook, Jr.,
     Ray LaHood,
     Ander Crenshaw,
     John R. Carter,
     Jerry Lewis,
     Martin Olav Sabo,
     David E. Price,
     Jose E. Serrano,
     Lucille Roybal-Allard,

[[Page H8593]]

     Sanford D. Bishop,
     Chet Edwards,
                                Managers on the Part of the House.

     Judd Gregg,
     Thad Cochran,
     Ted Stevens,
     Arlen Specter,
     Pete Domenici,
     Richard Shelby,
     Larry Craig,
     Robert F. Bennett,
     Wayne Allard,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy,
     Barbara A. Mikulski,
     Herb Kohl,
     Harry Reid,
     Dianne Feinstein,
                               Managers on the Part of the Senate.

                      JOINT EXPLANATORY STATEMENT

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2360), making 
     appropriations for the Department of Homeland Security for 
     the fiscal year ending September 30, 2006, and for other 
     purposes, submit the following joint statement to the House 
     and the Senate in explanation of the effects of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report.
       Senate Amendment. The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill. Throughout the 
     accompanying explanatory statement, the managers refer to the 
     Committee and the Committees on Appropriations. Unless 
     otherwise noted, in both instances, the managers are 
     referring to the House Subcommittee on Homeland Security and 
     the Senate Subcommittee on Homeland Security.
       The language and allocations contained in House Report 109-
     79 and Senate Report 109-83 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of managers. The statement of managers, 
     while repeating some report language for emphasis, does not 
     intend to negate the language referred to above unless 
     expressly provided herein. In cases where both the House and 
     Senate reports address a particular issue not specifically 
     addressed in the conference report or joint statement of 
     managers, the conferees have determined that the House report 
     and Senate report are not inconsistent and are to be 
     interpreted accordingly. In cases where the House or Senate 
     report directs the submission of a report, such report is to 
     be submitted to both Committees on Appropriations. Further, 
     in a number of instances, House Report 109-79 and Senate 
     Report 109-83 direct agencies to report to the Committees by 
     specific dates. In those instances, and unless alternative 
     dates are provided in the accompanying explanatory statement, 
     agencies are directed to provide these reports to the 
     Committees on Appropriations no later than February 10, 2006.


                          CLASSIFIED PROGRAMS

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this report.

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       The conferees agree to provide $79,409,000 instead of 
     $113,139,000 as proposed by the House and $124,620,000 as 
     proposed by the Senate. Funding shall be allocated as 
     follows:

Immediate Office of the Secretary.....................        $2,393,000
Immediate Office of the Deputy Secretary..............         1,132,000
Chief of Staff........................................         4,103,000
Executive Secretary...................................         4,131,000
Office of Policy......................................        20,713,000
Office of Public Affairs..............................         8,312,000
Office of Legislative and Intergovernmental Affairs...         6,325,000
Office of General Counsel.............................        11,267,000
Office of Civil Rights and Liberties..................        13,000,000
Citizenship and Immigration Services Ombudsman........         3,652,000
Privacy Officer.......................................         4,381,000
                                                       -----------------
    Total.............................................       $79,409,000
 

                           DHS Reorganization

       Since March 2005, the Department of Homeland Security (DHS) 
     has been conducting an internal review of its policies, 
     operations and organizational structure, known as the 
     ``Second Stage Review''. On July 13, 2005, the Department 
     announced a major reorganization that reflects the findings 
     of this review. A budget amendment was submitted on July 21, 
     2005, requesting the appropriations structure be modified for 
     fiscal year 2006 to reflect this reorganization proposal. For 
     the most part, the conferees have complied with these 
     requests. The conferees concur with the Department's decision 
     to abolish the Office of the Under Secretary for Border and 
     Transportation Security (BTS); BTS functions have been merged 
     into other offices and component agencies throughout the 
     Department. The conferees have agreed to split the 
     Directorate of Information Analysis and Infrastructure 
     Protection into two new components--Analysis and Operations 
     and the Preparedness Directorate--and move all State and 
     local grants and associated activities to the new 
     Preparedness Directorate. The conferees concur with the 
     Secretary's recommendation to transfer the Federal Air 
     Marshals to the Transportation Security Administration. 
     Finally, the conferees have included and expanded the roles 
     and responsibilities of the Office of Policy. A more detailed 
     discussion of this reorganization is contained under 
     statement of managers language for each impacted office.


                               New Staff

       The conferees agree to provide funding to support a total 
     of seven new full-time equivalents (FTEs) requested in the 
     budget, including one FTE in the Office of Policy to 
     represent the United States at the European Union, two FTEs 
     in Office of General Counsel, and four FTEs in the Privacy 
     Office. The conferees have approved additional new FTEs for 
     the Office of Security and the Office of National Capital 
     Region Coordination elsewhere in this statement of managers, 
     reflecting changes recommended as a result of the Secretary's 
     organizational restructuring plan submitted on July 13, 2005. 
     The remaining FTEs requested in the budget have been denied 
     due to a large number of unfilled positions in these 
     individual offices. Except for the Privacy Office and the 
     representative to the European Union, the conferees believe 
     full-year funding is not necessary for salaries of employees 
     who are not yet on-board. The conferees have provided half-
     year funding for new staff in fiscal year 2006.
       The conferees, in agreeing to the Secretary's 
     organizational restructuring plan submitted on July 13, 2005, 
     have moved additional staff from other agencies within the 
     Department to various offices within the Office of the 
     Secretary and Executive Management. These changes are 
     discussed separately in each office.


                      Annual Budget Justifications

       For fiscal year 2007, the conferees direct that the 
     Congressional budget justifications for all departmental 
     offices be submitted in the same level of detail as the 
     detailed table contained in the back of this report and in 
     the accompanying classified annex. These justifications 
     should include detailed data and explanatory statements in 
     support of each appropriations request, including tables that 
     detail each departmental office program, project, and 
     activity for fiscal years 2006 and 2007. All funding and 
     staffing changes for each individual office must be 
     highlighted and explained, including separate discussions for 
     personnel, compensation, and benefits; travel; training; and 
     other services. The classified budget documents must be 
     submitted at the same time as the unclassified budget. The 
     justifications must be in compliance with section 1105(a) of 
     title 31, including explicit information by appropriations 
     account program, project, and activity on all reimbursable 
     agreements and all uses of the Economy Act for each fiscal 
     year. The budget justifications shall include a table 
     identifying the last year that authorizing legislation was 
     provided by Congress for each program, project, or activity; 
     the amount of the authorization; and the appropriation in the 
     last year of authorization. Finally, in accordance with 
     section 6025 of Public Law 109-13, the Department is required 
     to submit a complete budget justification for the Working 
     Capital Fund.

                            Office of Policy

       The conferees agree to provide $20,713,000 instead of 
     $8,770,000 as proposed by the House and $7,258,000 as 
     proposed by the Senate. The Secretary submitted a new 
     organizational restructuring plan on July 13, 2005, which 
     included major changes to the Office of Policy; the 
     conference agreement reflects these changes. The conferees 
     include the activities of the Special Assistant to the 
     Secretary--Private Sector; Office of Immigration Statistics; 
     18 FTEs from the Office of the Under Secretary for BTS; and 
     three FTEs from the Directorate of Information Analysis and 
     Infrastructure Protection. The conferees have denied funding 
     for the Operational Integration staff as part of this office 
     or any other entity within DHS.


                            Stolen Passports

       The conferees direct the Secretary to report on 
     Departmental actions to prevent and stop the use of stolen 
     passports, as directed in House Report 109-79, under the 
     Office of the Under Secretary for Border and Transportation 
     Security.

                           Office of Security

       Funding for the Office of Security is provided within the 
     Under Secretary for Management, as requested in the 
     Secretary's organizational restructuring plan submitted on 
     July 13, 2005.

             Office of National Capital Region Coordination

       Funding for the Office of National Capital Region 
     Coordination is provided within the Preparedness Directorate, 
     Management and Administration account as requested in the 
     Secretary's organizational restructuring plan submitted on 
     July 13, 2005.

          Office of Legislative and Intergovernmental Affairs

       The conferees agree to provide $6,325,000 instead of 
     $5,500,000 as proposed by the House and $5,400,000 as 
     proposed by the Senate. As proposed in the Secretary's 
     organizational restructuring plan submitted on July 13, 2005, 
     six FTEs are transferred from the Office of State and Local 
     Government Coordination and Preparedness, Management and 
     Administration account, to the Office of Legislative Affairs 
     for intergovernmental coordination activities. Within the 
     funds provided, $5,400,000 is for legislative affairs and 
     $925,000 is for intergovernmental operations.

[[Page H8594]]

                     Operational Integration Staff

       The conferees agree to provide no funding for the 
     Operational Integration staff, as proposed by the Senate 
     instead of $7,495,000 as proposed by the House. The conferees 
     note the new Office of Policy will perform many of the 
     proposed activities of the Operational Integration staff. For 
     those few functions not adequately covered by the new Policy 
     Office, the conferees include three new FTEs within Analysis 
     and Operations. These additional staff shall be located 
     within the Homeland Security Operations Center to coordinate 
     departmental activities.

                     Office of the Privacy Officer

       The conferees agree to provide $4,381,000 for the Office of 
     the Privacy Officer as proposed by the House instead of 
     $3,981,000 as proposed by the Senate. This funding will 
     support the hiring of four new FTEs. The conferees concur 
     with House report language requiring the Secretary to 
     instruct all DHS entities to respond to information and 
     document requests from the Privacy Officer within the 
     requested time frame.

               Office of Civil Rights and Civil Liberties

       The conferees agree to provide $13,000,000 for the Office 
     of Civil Rights and Civil Liberties and direct this office to 
     hire ten additional staff to fulfill requirements of the 
     Intelligence Reform and Terrorism Prevention Act (Public Law 
     108-458), as discussed in the Senate report.


                         Reporting Requirements

       While DHS has made progress in submitting reports to the 
     Committees on Appropriations, there are many that are still 
     overdue. DHS is to improve its responsiveness to Congress and 
     better monitor the status of reports requested in 
     this statement of managers and previous House and Senate 
     reports. For reports that cannot be issued by the due 
     date, the conferees direct DHS to inform the Committees in 
     a timely manner, explain the reason for the delay, and 
     seek the concurrence of the Committees on a new issuance 
     date.


                        Immigration Enforcement

       Both the House and Senate reports highlighted the alarming 
     statistics regarding our Nation's broken immigration system. 
     In the context of threats facing our Nation, the disturbing 
     growth in our illegal alien population shows immigration 
     enforcement and border control are not succeeding. The 
     conferees agree with the Sense of the Senate proviso 
     expressed in section 519 of the Senate bill, which recognizes 
     the reality of terrorists taking advantage of inadequate 
     security along our border with Mexico, and the need for the 
     Government of Mexico to improve border and security policies 
     on its side of the border. The conferees include bill 
     language directing the Secretary to develop a comprehensive 
     immigration enforcement strategy that results in reducing the 
     number of undocumented aliens in the United States by ten 
     percent per year and direct that the strategy be in 
     accordance with House Report 109-79. The funding is not 
     contingent on the submission of this strategy to Congress as 
     proposed by the House. Further, the conferees direct the 
     report on the internal transport of illegal aliens requested 
     in House Report 109-79 from the Under Secretary of Border and 
     Transportation Security be included in the comprehensive 
     immigration enforcement strategy report.
       The conferees direct the Secretary to assume responsibility 
     for the joint report between DHS and the U.S. Department of 
     Justice on reducing absconders required by Senate Report 109-
     83, and submit the report not later than February 10, 2006.


                        Cargo Container Security

       The report submitted by the Department on June 9, 2005, was 
     late and did not fully respond to directions of the statement 
     of managers accompanying the conference report (H. Report 
     108-774) on the fiscal year 2005 Department of Homeland 
     Security Appropriations Act (P.L. 108-334). The Department is 
     directed to conduct the review again and submit a new report 
     that fully complies with those requirements as soon as 
     possible, but no later than February 10, 2006.


                        Transportation Security

       In September 2005, the Department submitted its integrated 
     strategic transportation security plan. With the recent 
     events in London, it is even more critical the Department 
     quickly begin to implement strategies outlined in this plan. 
     The conferees direct the Secretary to update the Committees 
     on Appropriations every six months on what progress has been 
     made to enhance transportation security as outlined in the 
     plan. The first update is due March 1, 2006.


                       General Aviation Security

       The Secretary, in coordination with the Secretary of 
     Transportation, shall submit a report to the House and Senate 
     Committees on Appropriations; the Senate Committee on 
     Commerce, Science, and Transportation; the Senate Committee 
     on Homeland Security and Government Affairs; and the House 
     Committee on Homeland Security no later than 120 days from 
     the date of enactment of this Act on the vulnerability posed 
     to high-risk areas and facilities from general aviation 
     aircraft that could be stolen or used as a weapon against 
     those areas. Such areas to be considered include those with 
     critical transportation infrastructure, nuclear facilities, 
     military bases, and other highly populated areas with 
     similarly situated critical infrastructure. The report shall 
     include: an analysis of what security vulnerabilities exist 
     at general aviation airports that would permit a general 
     aviation aircraft to be stolen and used as a weapon; whether 
     existing security precautions to prevent breaches of flight 
     lines, perimeters, and aircraft are sufficient; and any 
     additional security measures that could increase the security 
     of general aviation aircraft and airports.


                           Chemical Security

       The conferees are pleased by the Department's recent 
     endorsement of mandatory security requirements for the 
     chemical sector and believe enforceable Federal standards to 
     protect against a terrorist attack on chemical facilities 
     within the United States are necessary. Despite testimony 
     from the Director of Central Intelligence that the chemical 
     industrial infrastructure is vulnerable to a terrorist 
     attack, no federal security measures have been established 
     for the chemical sector. The Department has concluded that, 
     from a regulatory perspective, the existing patchwork of 
     authorities does not permit the effective regulation of the 
     chemical industry. Yet, no legislation has been proposed by 
     the Department to give it such authority. The conferees 
     direct the Secretary to submit a report to the Committees on 
     Appropriations by February 10, 2006, on the resources needed 
     to implement mandatory security requirements for the Nation's 
     chemical sector and to create a system for auditing and 
     ensuring compliance with the security standards. The report 
     should also include a description of the security 
     requirements and any reasons why the requirements should 
     differ from those already in place for chemical facilities 
     that operate in a port zone.


                           Awarding of Grants

       Consistent with the Senate report, the conferees direct the 
     Department to submit a report by February 10, 2006, providing 
     an expedited schedule for award of grant funds made available 
     by this Act, and for any prior year funds that remain 
     unobligated. For those grant funds awarded after March 30, 
     2006, the conferees direct the Department to submit a 
     detailed explanation for the delay.


                  Quadrennial Homeland Security Review

       The conferees agree there are benefits for the Department 
     of Homeland Security in conducting a Quadrennial Homeland 
     Security Review similar to the quadrennial reviews conducted 
     by the Department of Defense. The conferees encourage the 
     Department to conduct such a review consistent with the 
     terms and conditions listed in section 523(a) through (c) 
     of the Senate bill. The review should be submitted to the 
     House and Senate Committees on Appropriations, the Senate 
     Committee on Homeland Security and Governmental Affairs, 
     and the House Committee on Homeland Security no later than 
     September 30, 2008.


                              Data Mining

       The conferees continue to be concerned with the 
     Department's possible use or development of data-mining 
     technology and direct the DHS Privacy Officer to submit a 
     report consistent with the terms and conditions listed in 
     section 528 of the Senate bill.


                          Workforce Diversity

       The conferees urge the Department to make every reasonable 
     effort to ensure diversity in its workforce, procurement, and 
     research partnerships. The conferees also urge the Department 
     to strive to create partnerships and participation in the 
     Centers of Excellence program by historically black colleges 
     and universities, Hispanic-serving institutions, Alaska 
     Native serving institutions and tribally-controlled colleges.


              Border and Transportation Security Reporting

       The conferees agree to eliminate the requirement set forth 
     in the House report for the Under Secretary for Border and 
     Transportation Security (BTS) to report on the roles and 
     responsibilities of BTS agencies.

            Office of Screening Coordination and Operations

       The conferees agree to provide $4,000,000 for the 
     management and administration of the Office of Screening 
     Coordination and Operations. The conferees do not agree to 
     transfer United States Visitor and Immigrant Status Indicator 
     Technology, Secure Flight, or any other program activities to 
     this office. These activities are to remain separate and 
     distinct and are funded under other appropriations in this 
     Act.

              Office of the Under Secretary for Management

       The conferees agree to provide $168,835,000 instead of 
     $49,984,000 as proposed by the House and $146,322,000 as 
     proposed by the Senate. Funding shall be allocated as 
     follows:

Under Secretary for Management........................        $1,687,000
Office of Security....................................        51,278,000
Business Transformation Office........................         1,880,000
Office of the Chief Procurement Officer...............         9,020,000
Office of the Chief Human Capital Officer.............        38,900,000
Office of the Chief Administrative Officer............        66,070,000
                                                       -----------------
    Total.............................................      $168,835,000
 

                               New Staff

       The conferees agree to provide funding to support a total 
     of 71 new full-time equivalents (FTEs), including 60 FTEs in 
     the Office of Security, ten FTEs in the Office of 
     Administration and one FTE for the Office of the Chief Human 
     Capital Officer. Funding was not provided for the one new FTE 
     requested by the Under Secretary for Management. The 
     conferees believe full-year funding is not necessary for 
     salaries of employees who are

[[Page H8595]]

     not yet on-board and instead have provided half-year funding 
     for the new staff in fiscal year 2006.

                     Business Transformation Office

       The conferees agree to provide $1,880,000 for the Business 
     Transformation Office instead of $948,000 as proposed by the 
     House and $920,000 as proposed by the Senate. Funding levels 
     reflect a transfer of seven FTEs from the Under Secretary for 
     Border and Transportation Security, as requested in the 
     Secretary's organizational restructuring plan submitted on 
     July 13, 2005.

                Office of the Chief Procurement Officer

       The conferees agree to provide $9,020,000 for the Office of 
     the Chief Procurement Officer. As discussed in the Senate 
     report, the conferees direct the Chief Procurement Officer to 
     use the increased funding to hire and train qualified 
     procurement officers, to report on the number of procurement 
     officers in the Department, including each organization, for 
     fiscal years 2004, 2005, and proposed for 2006, and to 
     provide an assessment of the adequacy of the numbers and 
     training of those personnel.

               Office of the Chief Human Capital Officer

       The conferees agree to provide $38,900,000 instead of 
     $61,951,000 as proposed by the House and $61,996,000 as 
     proposed by the Senate. Within the funds provided, $8,900,000 
     is for salaries and expenses and $30,000,000 is for the new 
     human resource management system, known as MAX-HR. As 
     discussed in the Senate report, the conferees direct the 
     Department to submit a report on the progress made to 
     implement the MAX-HR system. In addition to the total funding 
     available and needed for this program by year, the report 
     shall list all contract obligations and expenditures by 
     contractor by year, along with the purpose of the contract.

               Office of the Chief Administrative Officer

       The conferees agree to provide $66,070,000 instead of 
     $66,356,000 as proposed by the House and $66,801,000 as 
     proposed by the Senate. Within the funds provided, 
     $40,000,000 is for salaries and expenses and $26,070,000 is 
     to consolidate and integrate headquarter operations at the 
     Nebraska Avenue Complex (NAC).
       Of the $26,070,000 provided for the NAC, $8,300,000 is for 
     security enhancements, $10,257,000 is for tenant 
     improvements, $3,400,000 is for capital improvements, and 
     $4,113,000 is for campus-wide design and construction costs. 
     The conferees agree to language included in the Senate report 
     directing the Department to update the Committees on 
     Appropriations regularly on the physical consolidation and 
     planned expenditures for the NAC, as well as its plans for a 
     permanent headquarters. These updates should occur as 
     frequently as necessary but not less than quarterly.

                    Office of Immigration Statistics

       Funding for the Office of Immigration Statistics is 
     provided within the Office of the Secretary and Executive 
     Management, as requested in the Secretary's organizational 
     restructuring plan submitted on July 13, 2005.

                           Office of Security

       The conferees agree to provide $51,278,000 as proposed by 
     the House instead of $55,278,000 as proposed by the Senate. 
     The conferees agree to move the Office of Security to the 
     Office of the Under Secretary for Management, as requested in 
     the Secretary's organizational restructuring plan submitted 
     on July 13, 2005.


                     Sensitive Security Information

       The conferees agree to include a general provision (section 
     537) on Sensitive Security Information (SSI) as proposed by 
     the House. The conferees are concerned that because of 
     insufficient management controls, information that should be 
     in the public domain may be unnecessarily withheld from 
     public scrutiny. The conferees require the Secretary to 
     ensure that each appropriate office has an official with the 
     clear authority to designate documents as SSI and to provide 
     clear guidance as to what is SSI material and what is not. 
     Designation means an original determination made by a limited 
     number of appointed officials pursuant to 49 CFR 
     Sec. 1520.5(b (1)-(16)). The conferees direct the Secretary 
     to report to the Committees not later than January 3, 2006, 
     the titles of all documents that are designated by DHS as SSI 
     in their entirety during the period beginning October 1, 
     2005, and ending December 31, 2005, and a full-year report 
     each year thereafter.


              Classified and Security Sensitive Documents

       The conferees direct the Office of Security to ensure the 
     Department's classified and security sensitive documents 
     clearly identify, paragraph-by-paragraph, which paragraphs 
     contain classified information and which do not. This is 
     consistent with actions taken by other federal agencies.


                          Unobligated Balances

       The conferees direct the Under Secretary for Management to 
     submit a report listing all funds transferred to the 
     Department when it was formed that remain unobligated, the 
     purpose for which the funds were appropriated, the reason the 
     funds remain unobligated, and the Department's plans for the 
     use of these funds, as discussed in the Senate report.


                          Working Capital Fund

       The conferees agree to include a provision (section 542) 
     that rescinds $15,000,000 from the Department's Working 
     Capital Fund (WCF) instead of $7,000,000 as proposed by the 
     House and $12,000,000 as proposed by the Senate.
       The conferees direct the Department to use the WCF plan 
     submitted on April 11, 2005, as the base document for funding 
     decisions in fiscal year 2006. The Committees on 
     Appropriations shall be notified and must approve any 
     deviations from that plan. In addition, section 6024 of 
     Public Law 109-13 excludes funding of the Homeland Secure 
     Data Network (HSDN) within the WCF. The conferees continue to 
     support this position and have provided adequate funding for 
     HSDN within the Office of the Chief Information Officer. The 
     WCF should not be used to supplement HSDN without 
     notification and approval of the Committees.

                 Office of the Chief Financial Officer

       The conferees agree to provide $19,405,000 instead of 
     $18,505,000 as proposed by the House and $18,325,000 as 
     proposed by the Senate. Funding levels reflect a transfer of 
     seven FTEs from the Under Secretary for Border and 
     Transportation Security, as requested in the Secretary's 
     organizational restructuring plan submitted on July 13, 2005.


                     Monthly Reporting Requirements

       The Department is directed to submit a monthly budget 
     execution report that includes: 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. This 
     budget execution information is to be provided at the level 
     of detail shown in the tables displayed at the end of this 
     report for each Departmental component and the Working 
     Capital Fund. This report must be submitted to the Committees 
     on Appropriations no later than 45 days after the close of 
     each month.

                Office of the Chief Information Officer

       The conferees agree to provide $297,229,000 for the Office 
     of the Chief Information Officer (CIO) instead of 
     $303,700,000 as proposed by the House and $286,540,000 as 
     proposed by the Senate. Funding shall be allocated as 
     follows:

Salaries and Expenses.................................       $75,756,000
Information Technology Services.......................        83,444,000
    Human Resources...................................        21,000,000
    Emerge2...........................................        18,000,000
    Information Technology Support....................        44,444,000
Security Activities...................................        19,000,000
    Terrorist watch list integration..................        10,000,000
    Information Security and Infrastructure...........         9,000,000
Wireless Program......................................        86,000,000
    Replace legacy border components..................        16,000,000
    New investments in radio infrastructure--borders..        52,000,000
    Infrastructure optimization and upgrade...........        18,000,000
Homeland Secure Data Network..........................        33,029,000
                                                       -----------------
        Total.........................................       297,229,000
 

                   information technology investments

       The conferees are concerned with the lack of coordination 
     within the Department regarding its information technology 
     (IT) activities. In the interest of fully leveraging and 
     optimizing the potential contribution of IT investments in 
     meeting the homeland security mission while controlling IT 
     investment costs, maintaining schedules, and delivering 
     capabilities, it is critical DHS clearly articulate its 
     objectives and needs. In addition, the conferees are 
     disappointed that, for the last two years, major portions of 
     the IT activities have not been properly displayed in the 
     budget. The conferees direct the CIO to follow the 
     Committees' direction regarding the content and format of 
     appropriations justifications found within the Office of the 
     Secretary for all IT investments.
       The conferees agree to include bill language requiring the 
     Department to submit an expenditure plan within 60 days from 
     the date of enactment of this Act for all IT projects funded 
     through the CIO, or funded by multiple components of the 
     Department

[[Page H8596]]

     through reimbursable agreements. This expenditure plan shall 
     also include a detailed program assessment of the scope; 
     total estimated cost; cost by year; and the schedule for 
     completion, including significant milestones, for each 
     individual project funded for fiscal year 2006 for 
     information technology services, security activities, and 
     wireless programs.
       The conferees direct the CIO to provide a report by 
     February 10, 2006, to include: an update of the information 
     technology system inventory dated September 15, 2005; the 
     status and timeline of security certifications for each 
     system; the status of aligning each system with an 
     appropriate investment portfolio; and the status of 
     identifying the systems and/or applications that will migrate 
     to the National Center for Critical Information Processing 
     and Storage during fiscal year 2006.
       The conferees agree to include bill language requiring the 
     Department to report on the enterprise architecture and other 
     strategic planning; an Information Technology Human Capital 
     Plan, to include an inventory of current IT work force 
     knowledge and skills, a gap analysis of any shortfalls, and a 
     plan for addressing any shortfalls; a capital investment plan 
     for implementing the enterprise architecture; and a 
     description of the IT capital planning and investment control 
     process. The report must be reviewed and approved by the 
     Office of Management and Budget, reviewed by the Government 
     Accountability Office, and delivered to the Committees within 
     180 days of enactment of this Act.
       The conferees are aware the Department plans to consolidate 
     DHS component agency data centers into two primary data 
     centers. Consistent with section 888 of Public Law 107-296, 
     the conferees instruct the Department to implement the 
     consolidation plan in a manner that shall not result in a 
     reduction to the Coast Guard's Operations System Center 
     mission or its government-employed or contract staff levels.
       The conferees have included funding of $33,029,000 for the 
     Homeland Secure Data Network (HSDN) within this account as 
     proposed by the Senate. Other accounts that formerly had 
     resources requested for the HSDN have been reduced 
     accordingly.
       Within the total for Information Technology Services, the 
     conferees agree to provide $13,255,000 for Geospatial 
     activities; $2,500,000 for Solutions Engineering; $4,500,000 
     for Enterprise Applications Delivery; $2,000,000 for e-Gov 
     Initiatives; $5,500,000 for Program Management Support; 
     $1,500,000 for Comsec Modernization; and $3,000,000 for 
     Smartcard Activities. The conferees agree to provide no 
     funding for the MedaData Center of Excellence or the Applied 
     Technology program.

                        Analysis and Operations

       The conferees agree to provide $255,495,000 for Analysis 
     and Operations (A&O). The conferees establish this new 
     appropriation in response to the Secretary's organizational 
     restructuring plan submitted on July 13, 2005, and include 
     resources previously provided under the Directorate of 
     Information Analysis and Infrastructure Protection (IAIP) and 
     the Office of the Under Secretary for Border and 
     Transportation Security. The conferees direct the Department 
     to submit a detailed expenditure plan describing the intended 
     use of this funding. This plan shall be provided no later 
     than 60 days from the date of enactment of this Act. The 
     conference recommendation includes sufficient funding to 
     complete distribution of National Weather Service all-hazards 
     radios to schools on a priority basis as proposed by the 
     Senate.
       The conferees reduce funding for IAIP Management and 
     Administration transferred to this account based on a 
     continuing large number of vacancies. The Secretary shall 
     submit to the Committees on Appropriations no later than 
     February 10, 2006, a report that identifies staffing and 
     other resource requirements that reconciles the Department's 
     intelligence mission responsibilities under the various Acts 
     and executive orders.

                      Office of Inspector General

       The conferees agree to provide $83,017,000 for the Office 
     of Inspector General as proposed by the House and the Senate.


                             port security

       The conferees direct the Inspector General to review the 
     steps the Department has taken to comply with recommendations 
     contained in the Inspector General's report on port security 
     grants (OIG-05-10). This report should be submitted to the 
     House and Senate Committees on Appropriations; the Senate 
     Committee on Commerce, Science, and Transportation; the 
     Senate Committee on Homeland Security and Government Affairs; 
     and the House Committee on Homeland Security no later than 
     February 10, 2006.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

  Office of the Under Secretary for Border and Transportation Security


                         salaries and expenses

       The conferees agree to provide no funding for this 
     appropriation, as proposed in the Secretary's organizational 
     restructuring plan submitted on July 13, 2005, which 
     abolished the Office of the Under Secretary for Border and 
     Transportation Security (BTS), instead of $8,617,000 as 
     proposed by the House and $9,617,000 as proposed by the 
     Senate. Funding for the functions currently performed by this 
     office is included under other appropriations in this Act and 
     is identified accordingly.

    United States Visitor and Immigrant Status Indicator Technology

       The conferees agree to provide $340,000,000 as proposed by 
     the Senate instead of $390,000,000 as proposed by the House. 
     Of these funds, $86,000,000 is available for program 
     management and operations, and $159,658,000 is subject to the 
     requirements of a detailed expenditure plan.
       In the statement of managers accompanying the conference 
     report on Public Law 108-334, the Department was directed to 
     submit a report by January 14, 2005, on the status of efforts 
     between the Departments of Homeland Security and Justice to 
     achieve real-time interoperability between the Integrated 
     Automated Fingerprint Identification System and the Automated 
     Biometric Identification System. The Committees on 
     Appropriations did not receive the report until August 22, 
     2005. The conferees direct the cost and schedule estimate 
     referred to in the report be completed no later than November 
     20, 2005, so the results can be incorporated into the fiscal 
     year 2006 United States Visitor and Immigrant Status 
     Indicator Technology (US-VISIT) expenditure plan and the 
     fiscal year 2007 President's Budget.
       The conferees are encouraged by the Department's 
     announcement of its plans to migrate the US-VISIT program to 
     a ten-fingerprint system--a major step toward full 
     interoperability. The Department is directed to work with the 
     Department of State and report expeditiously on what 
     resources it will need and what actions it will take to 
     achieve this goal.
       Finally, the conferees direct that US-VISIT adhere to the 
     most stringent standards in developing and testing its system 
     plans prior to their being deployed or made operational.

                     Customs and Border Protection


                         salaries and expenses

       The conferees agree to provide $4,826,323,000 for Customs 
     and Border Protection (CBP), instead of $4,885,544,000 as 
     proposed by the House and $4,922,600,000 as proposed by the 
     Senate. This includes: $1,796,464,000 for border security 
     between ports of entry, including 1,000 additional Border 
     Patrol Agents and $79,496,000 to annualize the cost of 500 
     Border Patrol Agents funded in Public Law 109-13; $63,024,000 
     for inspection and detection technology investments, 
     including $1,018,000 to continue the in-bond container 
     security study; $4,000,000 for the Immigration Advisory 
     Program; $500,000 to continue steel tariff training; 
     $54,268,000 for the Customs-Trade Partnership Against 
     Terrorism; $7,000,000 for the FAST program; $14,000,000 for 
     the SENTRI and NEXUS programs; $9,134,000 for the Advanced 
     Training Center; not less than $163,560,000 for the salaries 
     and expenses for the Office of Air and Marine Operations, 
     including $5,000,000 for additional staff, equipment and 
     operations, $5,500,000 for a new Montana Northern Border 
     airwing, and $17,000,000 to cover salaries and expenses 
     associated with the integration of former Border Patrol 
     pilots. Funding was decreased by $12,725,000 from the 
     President's request to reflect that enforcement of forced 
     child labor laws is now a responsibility of Immigration and 
     Customs Enforcement, and by $49,651,000 to reflect all 
     funding for procurement, operations and maintenance of 
     aircraft and marine vessels is included in the Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement 
     appropriation. The conferees make $10,000,000 unavailable for 
     obligation until a detailed five year plan for air and marine 
     operations is submitted to the Committees on Appropriations. 
     No funding is provided in this account for radiation portal 
     monitors. The conferees do not include a rescission of 
     $14,400,000 as proposed by the Senate.
       The following table specifies funding by budget activity:

Headquarters Management and Administration:
    Border Security Inspections and Trade Facilitation      $655,000,000
    Border Security and Control Between Ports of Entry       590,000,000
                                                       -----------------
      Subtotal, Headquarters Management and                1,245,000,000
     Administration...................................
Border Security Inspections and Trade Facilitation:
    Inspections, Trade and Travel Facilitation at          1,262,269,000
     Ports of Entry...................................
    Harbor Maintenance Fee Collection (Trust Fund)....         3,000,000
    Container Security Initiative.....................       138,790,000
    Other International Programs......................         8,629,000
    Customs-Trade Partnership Against Terrorism/Free          75,268,000
     and Secure Trade (FAST)/SENTRI/NEXUS.............
    Inspection and Detection Technology Investments...        63,024,000
    Automated Targeting Systems.......................        28,253,000

[[Page H8597]]

 
    National Targeting Center.........................        16,697,000
    Other Technology Investments, Including                    1,018,000
     Information Technology...........................
    Training..........................................        24,351,000
                                                       -----------------
      Subtotal, Border Security Inspections and Trade      1,621,299,000
     Facilitation.....................................
Border Security and Control Between Ports of Entry:
    Border Security and Control.......................     1,742,977,000
    America's Shield Initiative.......................        31,284,000
    Training..........................................        22,203,000
                                                       -----------------
      Subtotal, Border Security and Control Between        1,796,464,000
     Ports of Entry...................................
Air and Marine Operations, Salaries and Expenses......       163,560,000
                                                       =================
      Total, Salaries and Expenses....................    $4,826,323,000
 

                           container security

       The conferees concur with the requirement, as detailed in 
     the House report, for a report on how non-intrusive 
     inspection technology system selection, use, and financing 
     for the Container Security Initiative (CSI) could be 
     improved, as well as the Senate report requirement on 
     relations with CSI host nations, to include: steps to explain 
     CSI targeting to host governments; coordination with the 
     State Department; options for withdrawal from uncooperative 
     CSI host nations; and actions taken on Government 
     Accountability Office recommendations for CSI improvement. 
     The conferees direct the Commissioner to submit both reports 
     not later than February 10, 2006.


                                training

       The conferees concur with the Senate report regarding sixth 
     training day compensation.


                           expedited removal

       The conferees are aware the Department has announced a plan 
     to expand its expedited removal program, following success in 
     reducing the overall cost of detention housing for other than 
     Mexican nationals in the Laredo and Tucson sectors, in 
     reducing the number of aliens released on their own 
     recognizance, and in increasing deterrence. The conferees 
     direct the Department to report not later than February 10, 
     2006, on Border Patrol costs associated with the expanded 
     expedited removal program.


                         border crossing cards

       The conferees endorse Senate report language requesting a 
     report on Border Crossing Cards and card scanners.


                   enforcement of trade remedies law

       The conferees have ensured that, of the amounts provided 
     within this account, sufficient funds are available to 
     enforce the anti-dumping authority contained in section 754 
     of the Tariff Act of 1930 (19 U.S.C. 1675c).
       The conferees direct CBP to continue to work with the 
     Department of Commerce, the Department of Treasury, the 
     Office of the United States Trade Representative, and all 
     other relevant agencies, to provide semiannual reports on its 
     efforts to collect past due amounts and to increase current 
     collections. Furthermore, by June 30, 2006, CBP is to provide 
     the Committees on Appropriations with an update of its report 
     submitted on July 7, 2005, describing interagency efforts to 
     create a coordinated plan to increase antidumping and 
     countervailing duty collections, particularly related to 
     cases involving unfairly traded Asian imports. The report 
     should break out the non-collected amounts for fiscal years 
     2004 and 2005, by order and claimant, along with a 
     description of the specific reasons for the non-collection 
     with respect to each order.
       The conferees direct CBP to confirm that it has completed 
     all of the initiatives, processes, and procedures identified 
     in its February 2005 report to the Committees on 
     Appropriations (including Attachment 1) regarding 
     implementation of the recommendations that were contained in 
     the U.S. Treasury Department Office of the Inspector General 
     report on the Continued Dumping and Subsidy Offset Act. 
     Further, the conferees direct CBP to implement the five 
     recommendations for executive action contained in the GAO 
     report (GAO-05-979) dated September 2005. If those processes 
     and procedures have not been completed, CBP is directed to 
     provide an explanation as to why they have not been 
     completed, and a deadline for when they will be completed. 
     This includes the deadlines for implementing the processes 
     and procedures for verification, including, in particular, 
     the development of the sampling methodology to validate the 
     claimed amount; the testing plan; and all accompanying 
     aspects of verification.


                      america's shield initiative

       The conferees have not provided the requested increase of 
     $19,800,000 for America's Shield Initiative (ASI). At this 
     time, the conferees understand the Department is reviewing 
     the entire planning process for ASI and may suspend all major 
     procurement action until it has resolved fundamental 
     questions about scope and architecture, and possibly its 
     relation to overall, nationwide border domain security and 
     awareness. The conferees expect to be kept informed of the 
     results of this review before the Department proceeds with 
     any significant action and concur with House reporting 
     requirements. The conferees encourage program managers to 
     explore the use of commercial, airborne, off-the-shelf 
     wireless technology as it develops this program.


                        Agricultural Inspections

       The conferees direct the Department, in coordination with 
     the U.S. Department of Agriculture, to submit a report by 
     February 10, 2006, providing the information requested in 
     Senate Report 109-83 concerning reduced agricultural 
     inspection levels.


                   Textile Transshipment Enforcement

       Section 352 of the Trade Act of 2002 authorizes funding for 
     Customs Service textile transshipment enforcement, and 
     specifies how the funds be spent. The conferees include 
     $4,750,000 to continue this effort and direct CBP to report 
     not later than February 10, 2006, on obligating these funds, 
     as well as those appropriated in fiscal years 2004 and 2005. 
     The report should include staffing levels in fiscal years 
     2003-2006, differentiated by position, as authorized in 
     section 352 of the Trade Act of 2002, and include a five-year 
     enforcement plan. The report should also describe how CBP has 
     redeployed its workforce previously assigned to enter and 
     monitor quota information now that quotas have expired.


                            Tobacco Imports

       The conferees endorse the requirements set forth in both 
     the House and Senate reports regarding tobacco product 
     imports and direct the Department to comply with them.


                        AUTOMATION MODERNIZATION

       The conferees agree to provide $456,000,000 instead of 
     $458,009,000 as proposed by both the House and the Senate. 
     This amount includes funding for the Automated Commercial 
     Environment (ACE), the Integrated Trade Data System (ITDS), 
     and the costs of the legacy Automated Commercial System. This 
     funding includes not less than $320,000,000 for ACE and ITDS, 
     of which $16,000,000 is for ITDS, and all of which remains 
     subject to approval of an expenditure plan.


 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

       The conferees agree to provide $400,231,000 instead of 
     $347,780,000 as proposed by the House and $320,580,000 as 
     proposed by the Senate. This includes: $15,000,000 for 
     palletized sensor systems for P-3 long range tracker 
     aircraft; $16,000,000 for P-3 service life extension; 
     $14,000,000 for manned, covert surveillance aircraft; 
     $12,800,000 for the Montana Northern Border air branch; 
     $20,000,000 for replacement of Border Patrol helicopters; 
     $10,180,000 for unmanned aerial vehicles; $19,471,000 for 
     operations and maintenance of legacy Border Patrol aircraft 
     and marine vessels; and $2,000,000 to begin work on a North 
     Dakota air wing.


                              P-3 Aircraft

       The conferees recognize the CBP P-3 fleet is a critical 
     asset in both homeland security and drug interdiction 
     missions. As CBP implements a service life extension program 
     for its P-3 aircraft, the conferees encourage CBP to adopt 
     the most cost-effective long-term solution for the maximum 
     life extension of its P-3 fleet. In addition, the conferees 
     are aware the U.S. Navy and most nations who fly the P-3 have 
     made service life assessments of their aircraft. The 
     conferees believe CBP should undertake similar assessments to 
     document the airworthiness and structural life remaining in 
     the CBP fleet and direct the Commissioner to incorporate the 
     results of such a service life assessment into the 
     modernization plan.


                        Unmanned Aerial Vehicles

       The conferees agree to provide $10,180,000 for unmanned 
     aerial vehicles, as requested by the President and proposed 
     by both the House and Senate, which may be deployed between 
     ports of entry on the Southwest Border.


                            CBP Air Program

       The conferees are aware that the Commissioner plans to 
     combine air operations of the Office of Air and Marine 
     Operations and the Office of Border Patrol into ``CBP Air'', 
     and the conference agreement adjusts the budget accordingly. 
     The conferees direct the Department to implement fully the 
     recommendations in GAO report GAO-05-543 and, as integration 
     proceeds, to consult with the Committees on Appropriations 
     before making any changes in the nature and level of support 
     for legacy air missions.


           Strategic Plan, Modernization and Recapitalization

       The conferees remind the Department that detailed 
     information requested in previous conference reports has yet 
     to be provided. With CBP air integration under way, it is 
     essential Congress receive information to understand the 
     status and requirements of the CBP air and marine programs. 
     The conferees withhold $10,000,000 from the CBP Salaries and 
     Expenses appropriation until the Committees on Appropriations 
     receive a five-

[[Page H8598]]

     year strategic plan for CBP Air (and marine, if complete) 
     that addresses missions, structure, operations, equipment, 
     facilities and resources, including deployment and command 
     and control requirements. This report is to include a 
     modernization plan, including milestones and funding required 
     to recapitalize its fleet and operations, as well as a 
     detailed staffing plan showing current on-board positions, 
     annual targets, and a timetable with associated costs to 
     achieve full staffing to meet all mission requirements.


                        National Aviation Center

       The conferees understand the Oklahoma City National 
     Aviation Center has augmented its pilot training with 
     computer-based instructions and simulation, which has 
     increased training efficiency while decreasing costs. The 
     conferees direct the Department to continue this approach.


                        Northern Border Airwings

       The conferees believe remaining gaps in air patrol coverage 
     of the Northern Border should be closed as quickly as 
     possible and include $2,000,000 for the initial site 
     assessment, facilities evaluation, lease preparation and 
     other activities associated with the fifth Northern Border 
     airwing in Grand Forks, North Dakota. The conferees direct 
     the Department to include in its fiscal year 2007 budget 
     request the resources necessary to establish the airwing.


                              CONSTRUCTION

       The conferees agree to provide $270,000,000 instead of 
     $93,418,000 as proposed by the House and $311,381,000 as 
     proposed by the Senate. This includes: $81,963,000 for 
     facilities to accommodate 1,000 additional Border Patrol 
     Agents; $35,000,000 for the San Diego fence construction 
     project; $35,000,000 for tactical infrastructure projects in 
     the Tucson sector; and $26,000,000 for the Advanced Training 
     Center. The conferees direct CBP to provide a spending plan 
     and a revised master plan to the Committees on Appropriations 
     that reflects this funding.

                  Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

       The conferees agree to provide $3,108,499,000 for 
     Immigration and Customs Enforcement (ICE) Salaries and 
     Expenses, instead of $3,064,081,000 as proposed by the House 
     and $3,052,416,000 as proposed by the Senate. This includes 
     an additional $90,000,000 for additional bedspace capacity, 
     including corresponding support positions; $42,000,000 for 
     additional criminal investigator positions; $35,000,000 to 
     annualize new positions and programs funded in Public Law 
     109-13; $9,000,000 for Immigration Enforcement Agents to 
     support civil and administrative investigations; $16,000,000 
     for additional fugitive operations teams; $18,000,000 to 
     expand the Institutional Removal Program; $10,000,000 to 
     expand Alternatives to Detention, including the Intensive 
     Supervision Appearance Program; $1,000,000 to increase the 
     speed, accuracy and efficiency of immigration enforcement 
     information currently being entered into the National 
     Criminal Information Center database; $5,000,000 for the 
     Cyber Crimes Center; $15,770,000 for enforcement of laws 
     against forced child labor, as offset by a reduction in 
     Customs and Border Protection, Salaries and Expenses; 
     $5,000,000 for implementation of section 287(g) of the 
     Immigration and Nationality Act; $10,000,000 for the worksite 
     enforcement program; and $2,000,000 for transfer to the U.S. 
     Department of Justice for the Legal Orientation Program. The 
     conferees make $5,000,000 unavailable for obligation until 
     the Committees on Appropriations receive a national detention 
     management plan as described in the House report. The 
     following table specifies funding by budget activity:

Headquarters Management and Administration:
    Personnel Compensation and Benefits, Services and       $123,600,000
 other................................................
    Headquarters Managed IT investment................       133,104,000
                                                       -----------------
      Subtotal, Headquarters Management and                  256,704,000
 Administration.......................................
Legal Proceedings.....................................       130,181,000
Investigations:
    Domestic Operations...............................     1,195,050,000
    International Operations..........................       101,918,000
                                                       -----------------
      Subtotal, Investigations........................     1,296,968,000
Intelligence..........................................        50,970,000
Detention and Removal:
    Detention and Removal Operations..................     1,013,329,000
    Transportation and Removal........................       135,000,000
    Fugitive Operations...............................       102,881,000
    Institutional Removal Program.....................        93,969,000
    Alternatives to Detention.........................        28,497,000
                                                       -----------------
      Subtotal, Detention and Removal.................     1,373,676,000
                                                       =================
      Total, Salaries and Expenses....................     3,108,499,000
 

                     Immigration Enforcement Agents

       The conferees agree with the House report noting that a 
     vast majority of immigration law violations are under 
     enforced, and that it would be beneficial to significantly 
     enhance the enforcement of civil immigration violations. The 
     conferees therefore include $9,000,000 for 100 Immigration 
     Enforcement Agents (IEAs), who will work under the 
     supervision of ICE special agents and concentrate their 
     efforts on civil and administrative actions, permitting ICE 
     special agents to concentrate their efforts on criminal 
     investigations and longer term cases. The conferees direct 
     the Department to submit a plan for the expanded use of 
     IEAs for these purposes not later than December 1, 2005, 
     and a status report not later than November 1, 2006, on 
     the operation and impact of the increase in IEA positions.


                 expedited removal and detention space

       The conferees are aware ICE expects a bedspace funding 
     shortfall owing to lower Breached Bond funds and increased 
     bedspace costs. The conferees provide $35,000,000 to cover 
     fiscal year 2006 costs associated with ICE initiatives funded 
     in Public Law 109-13, and therefore expect the Department 
     will not divert $32,000,000 provided in that Act for bedspace 
     to annualize personnel costs. The conferees direct the 
     Department to submit quarterly reports on the fee estimates.
       The conferees understand the Department has determined 
     expanding the expedited removal program will require a 
     greater proportion of funding for removal and related costs, 
     and therefore relatively less for bedspace. The conferees 
     direct the Department to report within 30 days from enactment 
     of this Act on the total number of beds to be funded in 
     fiscal year 2006, by funding source, and the fiscal year 2006 
     spend plan for expedited removal. Further, the Department is 
     directed to include bedspace utilization and funding 
     obligations in its regular immigration enforcement reporting 
     to the Committees on Appropriations.


                   textile transshipment enforcement

       Section 352 of the Trade Act of 2002 authorizes funding for 
     Customs Service textile transshipment enforcement, and 
     specifies how the funds be spent. The conferees include 
     $4,750,000 to continue this effort and direct ICE to report 
     not later than February 10, 2006, on obligating these funds, 
     as well as those appropriated in fiscal years 2004 and 2005. 
     The report should include staffing levels in fiscal years 
     2003-2006, differentiated by position, as authorized in 
     section 352 of the Trade Act of 2002, and include a five-year 
     enforcement plan.


            immigration enforcement and detention statistics

       The conferees concur with the immigration enforcement and 
     detention reporting requirements identified in the House and 
     Senate reports, and direct ICE to submit them on a quarterly 
     basis beginning February 10, 2006.


          state and local support for immigration enforcement

       The conferees support the ``287(g) program'' to cross-
     designate State and local law enforcement officers to perform 
     limited immigration enforcement functions, and provide 
     $5,000,000 in support of this program, including training 
     participants, as authorized. The conferees encourage the 
     Department to be more proactive in encouraging State and 
     local governments to participate in this program. The 
     conferees fully support the 287(g) program and view it as a 
     powerful force multiplier to better enforce immigration laws 
     and, consequently, to better secure the homeland.


                       legal orientation program

       The conferees include $2,000,000 for the Legal Orientation 
     Program, to be transferred to the U.S. Department of Justice, 
     Executive Office for Immigration Review (EOIR). The Office of 
     Management and Budget is directed to include future funding 
     for this program in funding requests for EOIR.


                       federal protective service

       The conferees agree to provide $487,000,000 as proposed by 
     both the House and the Senate.


                        automation modernization

       The conferees agree to provide $40,150,000 as proposed by 
     the House instead of $50,150,000 as proposed by the Senate. 
     These funds may not be obligated until the Committees on 
     Appropriations receive and approve an expenditure plan, which 
     includes a

[[Page H8599]]

     requirement for an independent verification and validation.


                              construction

       The conferees provide $26,546,000 as proposed by both the 
     House and Senate.

                 Transportation Security Administration


                           AVIATION SECURITY

       The conferees agree to provide $4,607,386,000 instead of 
     $4,591,612,000 as proposed by the House and $4,452,318,000 as 
     proposed by the Senate. In addition to the amounts 
     appropriated, a mandatory appropriation of $250,000,000 is 
     available to support the Aviation Security Capital Fund. Bill 
     language is also included to reflect the collection of 
     $1,990,000,000 from aviation user fees, as authorized. The 
     following table specifies funding by budget activity:

Screening Workforce:
    Privatized screening..............................      $139,654,000
    Passenger screeners--personnel, compensation and       1,520,000,000
 benefits.............................................
    Baggage screeners--personnel, compensation, and          884,000,000
 benefits.............................................
                                                       -----------------
      Subtotal, Screener Workforce....................     2,543,654,000
Screener Training and Other:
    Screener training.................................        88,004,000
    Passenger screener--other.........................        23,752,000
    Checked baggage screener--other...................       118,591,000
    Tort claims.......................................         4,000,000
    Representation funds..............................             3,000
    Model workplace...................................         2,400,000
    Hazardous materials disposal......................         9,800,000
                                                       -----------------
      Subtotal, Screener Training and Other...........       246,550,000
Human Resource Services...............................       207,234,000
Checkpoint Support....................................       165,000,000
Explosive Detection Systems:
    EDS/ETD purchase..................................       175,000,000
    EDS/ETD installation..............................        45,000,000
    EDS/ETD maintenance and utilities.................       200,000,000
    Operation integration.............................        23,000,000
                                                       -----------------
      Subtotal, Explosive Detection Systems...........       443,000,000
                                                       =================
      Total, Screening Operations.....................     3,605,438,000
 
Aviation Direction and Enforcement:
    Aviation regulation and other enforcement.........       222,416,000
    Airport management, information technology and           686,032,000
 support..............................................
    Federal flight deck officer and flight crew               30,500,000
 training.............................................
    Air cargo.........................................        55,000,000
    Foreign and domestic repair stations..............         3,000,000
    Airport perimeter security........................         5,000,000
                                                       -----------------
      Subtotal, Aviation Direction and Enforcement....     1,001,948,000
                                                       =================
      Total, Aviation Security........................     4,607,386,000
 

                            Staffing Levels

       The conferees agree to continue longstanding bill language 
     that caps the full-time equivalent screener workforce at 
     45,000 as proposed by the House. The conferees expect the 
     Transportation Security Administration (TSA) to have no more 
     than 45,000 full-time equivalent screeners by the end of 
     fiscal year 2006. The conferees recognize TSA may need to 
     realign its workforce throughout the year due to attrition or 
     advances in detection technologies. TSA has the flexibility 
     to hire screeners during the fiscal year at those airports 
     where additional or replacement screeners are necessary to 
     maintain aviation security and customer service.


                     Privatized Screening Airports

       The conferees agree to provide $139,654,000 as proposed by 
     the House instead of $146,151,000 as proposed by the Senate. 
     If additional airports are not interested in privatization, 
     or airports currently under this program decide to begin 
     using federal screeners resulting in the need for less 
     funding in fiscal year 2006 to support the current privatized 
     screening airports, TSA is directed to notify the Committees 
     on Appropriations ten days prior to these changes occurring. 
     After that time period has expired, TSA shall adjust its 
     program, project, and activity line items to account for 
     changes in third party private screening contracts and 
     screener personnel, compensation and benefits to reflect the 
     award of contracts under the screening partnership program 
     (SPP).


 Passenger and Baggage Screeners, Personnel, Compensation and Benefits

       The conferees agree to provide $1,520,000,000 for passenger 
     screening and $884,000,000 for baggage screening activities 
     for both federal screeners as well as any contracts awarded 
     under SPP for all airports other than the six current 
     privatized screening airports. The conferees agree TSA needs 
     the flexibility to manage the SPP without the need for 
     reprogramming actions for each individual contract and direct 
     TSA to provide the Committees on Appropriations with advance 
     notice ten days before an announcement is made an airport has 
     been selected under SPP or if an airport has decided to begin 
     using federal screeners. At the time the contract is awarded, 
     TSA shall notify the Committees and adjust its program, 
     project, and activity line items to account for changes in 
     third party private screening contracts and screener 
     personnel, compensation and benefits to reflect the award of 
     contracts under SPP.


               Ronald Reagan Washington National Airport

       The conferees agree to include bill language that provides 
     reimbursement for security services and related equipment and 
     supplies in support of general aviation access to Ronald 
     Reagan Washington National Airport as proposed by the Senate. 
     These reimbursements shall be credited to the ``Aviation 
     Security'' appropriation and be available until expended for 
     only those purposes.


                       Passenger Processing Times

       Several airports are experiencing unusually large peak 
     volumes associated with international, charter, and scheduled 
     service. Many domestic travelers arriving at the same airport 
     concourse as international flyers are often held up from 
     proceeding to their final destinations because of slow 
     processing times for these international visitors. 
     The conferees direct TSA, in cooperation with Customs and 
     Border Protection, to examine these unique situations, 
     find appropriate solutions, and report back to the 
     Committees on Appropriations no later than February 10, 
     2006.


                           Checkpoint Support

       The conferees agree to provide $165,000,000 instead of 
     $157,461,000 as proposed by the House and $172,461,000 as 
     proposed by the Senate. This funding should be used to 
     accelerate the testing, procurement, installation, and 
     deployment of new checkpoint technologies. TSA should test 
     these new technologies and equipment at airports using both 
     federal and non-federal screeners. TSA shall submit the 
     report originally requested in fiscal year 2005 on testing 
     and deploying emerging technologies to screen passengers and 
     carry-on baggage to the Committees on Appropriations as 
     expeditiously as possible.


                 Standards for Checkpoint Technologies

       The conferees recommend TSA work with the National 
     Institute of Standards and Technology to develop standards 
     for checkpoint technologies, as discussed in the Senate 
     report.


                Explosive Detection Systems Installation

       The conferees agree to provide a total of $295,000,000 for 
     explosive detection systems (EDS) installation, including 
     $250,000,000 in mandatory funding from the Aviation Security 
     Capital Fund and $45,000,000 in this Act. This funding is 
     sufficient to fulfill the federal commitment for the eight 
     Letters of Intent and to install next-generation EDS machines 
     at airports nationwide. The conferees have modified bill 
     language proposed by the Senate clarifying the federal 
     government's cost under a Letter of Intent shall be 75 
     percent for any medium and large hub airport and 90 percent 
     for any other airports. The conferees also include bill 
     language to permit the Secretary to distribute this funding 
     to enhance aviation security and fulfill the federal 
     commitment to Letters of Intent. The conferees encourage TSA 
     to pursue innovative financing solutions to improve the 
     baggage screening process, as discussed in the House report.

[[Page H8600]]

                Explosive Detection Systems Procurement

       The conferees agree to provide $175,000,000 instead of 
     $170,000,000 as proposed by the House and $180,000,000 as 
     proposed by the Senate. Of these funds, $45,000,000 shall be 
     made available to procure next-generation explosive detection 
     systems, including in-line systems, which have been tested, 
     certified, and piloted. The conferees expect these new 
     systems to replace explosive trace detection systems as much 
     as possible as they are considerably less costly to operate.


             Explosive Detection Systems Maintenance Costs

       The conferees are concerned about the skyrocketing costs of 
     maintaining explosive detection systems and direct the 
     Government Accountability Office to report by April 2006 on 
     the reasons for past cost increases, including TSA 
     contracting practices. This report is to recommend actions 
     TSA might take to control these costs in the future.


                        Remote Baggage Screening

       The conferees are aware of TSA's participation with 
     airports and airlines in pilots at various airports around 
     the country to evaluate off-site baggage check-in models. The 
     conferees encourage TSA to widely test remote baggage 
     screening, including coupling off-site check in with off-site 
     screening within the airport grounds at secure sort 
     facilities before the baggage is introduced into the terminal 
     and other critical airport infrastructure.


                        Multi-Compartmental Bins

       The conferees direct TSA to develop a plan to research, 
     test, and potentially implement multi-compartmental bins to 
     screen passenger belongings at security checkpoints.


                          Screening Exemptions

       The conferees agree to retain bill language proposed by the 
     Senate that does not allow heads of federal agencies and 
     commissions to be exempt from passenger and baggage 
     screening.


                  Aviation Regulation and Enforcement

       The conferees agree to provide $222,416,000 as proposed by 
     the House instead of $230,000,000 as proposed by the Senate.


        Aviation Management, Information Technology and Support

       The conferees agree to provide $686,032,000 instead of 
     $655,597,000 as proposed by the House and $748,370,000 as 
     proposed by the Senate. Within the funds provided, 
     $243,662,000 is for management and support staff and 
     $442,370,000 is for information technology.


          Federal Flight Deck Officer and Flight Crew Training

       The conferees agree to provide $30,500,000 instead of 
     $29,000,000 as proposed by the House and $32,000,000 as 
     proposed by the Senate. Within the funds provided, 
     $27,000,000 is for federal flight deck officer training and 
     $3,500,000 is for voluntary flight crew training.


                               Air Cargo

       The conferees agree to provide $55,000,000 instead of 
     $60,000,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate. Within the funds provided, 
     $10,000,000 is for hiring 100 additional regulatory 
     inspectors and associated travel costs, and $5,000,000 is to 
     enhance the automated indirect air carrier maintenance system 
     and known shipper data base, as well as for security threat 
     assessments and pending air cargo rulemaking activities.
       In addition to the funds provided to TSA for air cargo, the 
     conferees provide $30,000,000 to the Science and Technology 
     (S&T) Directorate to conduct three cargo screening pilot 
     programs testing different concepts of operation. TSA is to 
     cooperate with S&T on this effort.
       The conferees direct TSA to work with other DHS components 
     to develop technologies that will move TSA forward to 
     achieving 100-percent screening of air cargo on passenger 
     aircraft.


                            General Aviation

       The conferees concur with the House report supporting the 
     Airport Watch program.


                       Airport Perimeter Security

       The conferees agree to provide $5,000,000 for airport 
     perimeter security pilots. While funding has been provided 
     for this work in the past, the conferees are aware of a 
     variety of innovative technologies that may reduce security 
     weaknesses and vulnerabilities in airports throughout the 
     United States. This funding should be awarded competitively.


                    Surface Transportation Security

       The conferees agree to provide $36,000,000 as proposed by 
     the House and the Senate. Funding is provided as follows:

 
 
 
Enterprise staff......................................       $24,000,000
Hazardous materials truck tracking and training.......         4,000,000
Rail inspectors and canines...........................         8,000,000
                                                       -----------------
    Total.............................................        36,000,000
 

                  Rail Security Inspectors and Canines

       The conferees are very disappointed with TSA's reluctance 
     to quickly hire rail inspectors and deploy canine units at 
     transit systems nationwide. Although these activities were 
     funded in fiscal year 2005, TSA does not have a full 
     contingent of rail inspectors on board and only announced the 
     deployment of canine teams on September 27, 2005. This is 
     unacceptable. The conferees direct TSA to report to the 
     Committees on Appropriations no later than February 10, 2006, 
     on the deployment of the 100 rail security inspectors and 
     canine teams funded in fiscal year 2005 and any new 
     inspectors or canine teams planned for fiscal year 2006.


                Transportation Vetting and Credentialing

       The conferees agree to provide a direct appropriation of 
     $74,996,000 as proposed by the Senate instead of $84,294,000 
     as proposed by the House. In addition, the conferees 
     anticipate TSA will collect $180,000,000 in fees. Funding is 
     provided as follows:

 
 
 
Direct Appropriations:
    Secure flight.....................................       $56,696,000
    Crew vetting......................................        13,300,000
    Screening administration and operations...........         5,000,000
                                                       -----------------
      Total, direct appropriations....................        74,996,000
Fee Collections:
    Registered traveler...............................        20,000,000
    Transportation worker identification credential...       100,000,000
    Hazardous materials...............................        50,000,000
    Alien flight school (by transfer from DOJ)........        10,000,000
                                                       -----------------
      Total, fee collections..........................       180,000,000
 

                             Secure Flight

       The conferees agree to provide $56,696,000 as proposed by 
     the Senate instead of $65,994,000 as proposed by the House. 
     TSA has failed to provide a fully justified cost estimate for 
     this program for fiscal year 2006 or achieve initial 
     operational capability with two airlines on August 19, 2005, 
     as originally planned. At this time, TSA does not have a 
     revised schedule and milestones. The conferees have reduced 
     funding for Secure Flight accordingly.
       The conferees support the additional layer of aviation 
     security that will be provided through the Secure Flight 
     program. However, delays in obtaining Passenger Name Record 
     data from air carriers needed for testing have postponed 
     initial operating capability of the system. The conferees 
     encourage TSA to commence rulemaking proceedings, and, if 
     necessary, issue a security directive at the earliest 
     possible date to require air carriers to release data 
     necessary for operational tests expected to commence shortly.
       The conferees agree to include and modify a general 
     provision (section 518) which directs the Government 
     Accountability Office (GAO) to continue to evaluate DHS and 
     TSA actions to meet the ten elements listed in section 522 of 
     Public Law 108-334 and to report to the Committees on 
     Appropriations either incrementally or when all elements have 
     been satisfied. The provision also prohibits the use of 
     commercial data.
       On July 22, 2005, GAO reported TSA did not adequately 
     disclose the use of personal information during Secure Flight 
     testing, violating the Privacy Notice. The conferees are 
     concerned with the recent GAO findings, giving further 
     credence for GAO to continue reviewing the Secure Flight 
     program.


            Transportation Worker Identification Credential

       The conferees agree to include a general provision (section 
     526) directing the Department to develop a personalization 
     system that is centralized and that uses an existing 
     government card production facility for these purposes as 
     proposed by the House, consistent with direction issued in 
     previous years. TSA may not move into the next phase of 
     production until the Committees on Appropriations have been 
     fully briefed on the results of the prototype phase and agree 
     the program should move forward. Because of the deep interest 
     in this program, beginning

[[Page H8601]]

     on January 1, 2006, and quarterly thereafter, TSA shall 
     submit reports on the progress of meeting the goals 
     established for the Transportation Worker Identification 
     Credential (TWIC) program.


                Screening Administration and Operations

       The conferees agree to provide $5,000,000 for screening 
     administration and operations as proposed by both the House 
     and the Senate. The conferees direct that none of the funds 
     may be used to augment the Secure Flight program and expect 
     funds to be used to support other transportation vetting and 
     credentialing programs that are user fee funded, such as 
     TWIC, alien flight school, and hazardous materials. The 
     conferees are aware these fee-funded programs have carryover 
     balances from previous fiscal years that may be used to 
     augment administrative and operational needs.


                    TRANSPORTATION SECURITY SUPPORT

       The conferees agree to provide $510,483,000 instead of 
     $541,008,000 as proposed by the House and $491,873,000 as 
     proposed by the Senate. Funding is provided as follows:

Intelligence..........................................       $21,000,000
Headquarters Administration...........................       279,391,000
Information Technology................................       210,092,000
                                                       -----------------
    Total, Transportation Security Support............       510,483,000
 

                     Spending and Deployment Plans

       The conferees agree to include bill language to require TSA 
     to submit 60 days from the date of enactment of this Act a 
     plan to the Committees on Appropriations detailing: the 
     optimal deployment plan for explosive detection equipment at 
     the Nation's airports on a priority basis, either in-line or 
     to replace explosive trace detection machines; and an 
     expenditure plan for explosive detection systems procurement 
     and installation on an airport-by-airport basis for fiscal 
     year 2006. The conferees have requested this information for 
     the past two years in report language and TSA has repeatedly 
     ignored these requests. The conferees include bill language 
     withholding $5,000,000 from obligation until this plan is 
     received.


                          FEDERAL AIR MARSHALS

       The Secretary's organizational restructuring plan submitted 
     on July 13, 2005, recommended moving the appropriation for 
     the Federal Air Marshals (FAMs) from Immigration and Customs 
     Enforcement to TSA. The conferees concur with this 
     recommendation and agree to provide $686,200,000 for FAMs 
     instead of $698,860,000 as proposed by the House and 
     $678,994,000 as proposed by the Senate. Within this total, 
     $613,400,000 is for management and administrative expenses, 
     $70,800,000 is for travel and training, and $2,000,000 is to 
     implement the air-to-ground communications system. Funding is 
     available for one year as proposed by the Senate.


                                Staffing

       The conferees have fully funded the new staff requested; 
     however, funding has been provided for half a year, 
     consistent with actions taken elsewhere in the Department 
     because of the time it takes to hire new employees. A 
     classified report on the status of hiring and training new 
     Federal Air Marshals shall be submitted to the Committees on 
     Appropriations no later than February 10, 2006.


                        Airport Law Enforcement

       The conferees direct FAMs to submit a report, in 
     conjunction with the fiscal year 2007 budget, that details a 
     proposal to expand its mission beyond the aircraft and enter 
     the airport security arena, including surveillance in the 
     airport environment and airport-related investigations. The 
     report should elaborate on these expanded responsibilities 
     and the potential impact to FAMs mission, to include: the 
     types of investigations that would be conducted in airports; 
     the potential tangible benefits of FAMs conducting 
     surveillance in an airport; whether this expansion would 
     merit and require the conversion of air marshals to 1811 
     status; a timeframe for implementation; statistical 
     distribution of workload hours between airport and aircraft 
     missions; additional FTE required; additional costs 
     associated with an enhanced airport mission; additional 
     training requirements; and how an expanded FAMs mission would 
     interrelate with the numerous law enforcement agencies that 
     are currently conducting airport security operations. FAMs 
     shall not move forward with this proposal until the report 
     has been submitted and reviewed by the Committees on 
     Appropriations.


                      Air-to-Ground Communications

       The conferees agree to provide $2,000,000 for the air-to-
     ground communications program. The conferees are aware of 
     FAMs working with Science and Technology (S&T), the Federal 
     Communications Commission, and the Federal Aviation 
     Administration to implement an airborne communications system 
     in 2006. The conferees consider this a critical security 
     program and direct FAMs, in conjunction with S&T, to brief 
     the Committees on Appropriations quarterly on its progress.

                       United States Coast Guard


                           OPERATING EXPENSES

                    (Including Rescission of Funds)

       The conferees agree to provide $5,492,331,000 instead of 
     $5,500,000,000 as proposed by the House and $5,476,046,000 as 
     proposed by the Senate. Within this amount, $1,200,000,000 is 
     available for defense-related activities as proposed by both 
     the House and the Senate. Further, within this total, 
     $15,450,000 is provided for command, control, communications, 
     computer intelligence, surveillance and reconnaissance 
     (C4ISR) follow-on costs; $10,000,000 is provided as an 
     increase for the Area Security Maritime Exercise Program; 
     $12,000,000 is provided as an increase to implement the May 
     13, 2005, decision by the Commandant to restructure the 
     Mariner Licensing and Documentation Program; and an 
     additional $4,000,000 above the amounts enacted in fiscal 
     year 2005 is included for C-130J operations. No funding is 
     provided for radiological/nuclear detection and one-time 
     reinvestment costs due to inadequate budget justifications 
     for these activities. The conferees agree to rescind 
     $15,103,569 in unobligated balances from funds provided for 
     port security assessments at tier one ports due to successful 
     completion of this program. Funding for operating expenses 
     shall be allocated as follows:

Military Pay and Related Costs:
    Military pay and allowances.......................    $2,315,270,000
    Military health care..............................       580,647,000
    Permanent change of station.......................       108,901,000
                                                       -----------------
      Subtotal, Military Pay and Related Costs........     3,004,818,000
Civilian Pay and Benefits.............................       531,497,000
Training and Recruiting:
    Training and Education............................        83,554,000
    Recruiting........................................        93,576,000
                                                       -----------------
      Subtotal, Training and Recruiting...............       177,130,000
Operating Funds and Unit Level Maintenance:
    Atlantic Command..................................       169,188,000
    Pacific Command...................................       177,894,000
    1st District......................................        47,166,000
    7th District......................................        58,076,000
    8th District......................................        39,134,000
    9th District......................................        28,431,000
    13th District.....................................        20,238,000
    14th District.....................................        14,575,000
    17th District.....................................        23,951,000
    Headquarters directorates.........................       257,550,000
    Headquarters managed units........................       120,000,000
    Other activities..................................           767,000
                                                       -----------------
      Subtotal, Operating Funds and Unit Level               956,970,000
     Maintenance......................................
Centrally Managed accounts............................       185,000,000
Intermediate and Depot Level Maintenance:
    Aeronautical maintenance..........................       230,636,000
    Electronic maintenance............................       101,408,000
    Civil/ocean engineering/short facilities                 160,024,000
     maintenance......................................
    Vessel maintenance................................       144,848,000
                                                       -----------------

[[Page H8602]]

 
      Subtotal, Intermediate and Depot Level                 636,916,000
     Maintenance......................................
                                                       =================
      Total, Operating Expenses.......................     5,492,331,000
Rescission, Port Security Assessments (P.L. 108-11)...       -15,103,569
                                                       =================
      Total, Operating Expenses.......................     5,477,227,431
 

                       Responsiveness to Congress

       The conferees are disappointed and frustrated with the 
     Coast Guard's poor responsiveness to Committee direction. For 
     this reason, the conferees note reductions to the budget 
     request for operating expenses are directed at the Coast 
     Guard's senior management and not its field units. The 
     conferees recognize the sacrifices of Coast Guard field 
     personnel and have provided the full amount requested in the 
     fiscal year 2006 budget request to support operational units.


                           Polar Icebreaking

       Both the House and Senate approved the transfer of 
     $47,500,000 in polar icebreaking funding from the Coast Guard 
     to the National Science Foundation (NSF) as requested in the 
     budget. The conferees encourage the Coast Guard, NSF, and the 
     Executive Office of the President to finalize a long-term 
     strategy for polar icebreaking. The conferees direct the 
     Coast Guard to pursue a sustainable cost sharing agreement 
     with the NSF for unanticipated and extraordinary maintenance 
     of the polar icebreakers.


                  Occupational Safety and Health Risks

       The conferees understand the Coast Guard is currently 
     evaluating technologies to determine how to minimize 
     occupational safety and health risks to Coast Guard 
     personnel. Due to concerns about increasing burdens on Coast 
     Guard personnel, the conferees direct the Coast Guard to 
     report on the status of such evaluations to the Committees on 
     Appropriations no later than 60 days from the date of 
     enactment of this Act.


                ENVIRONMENTAL COMPLIANCE AND RESTORATION

       The conferees agree to provide $12,000,000 as proposed by 
     both the House and the Senate.


                            RESERVE TRAINING

       The conferees agree to provide $119,000,000 as proposed by 
     both the House and the Senate.


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       The conferees agree to provide $1,141,800,000 instead of 
     $798,152,000 as proposed by the House and $1,141,802,000 as 
     proposed by the Senate. Funding is provided as follows:

Vessels and Critical Infrastructure:
    Response boat medium..............................       $18,500,000
    Vessels and Critical Infrastructure...............        18,500,000
Aircraft:
    Covert Surveillance Aircraft......................        10,000,000
    Armed helicopter equipment........................        10,000,000
    C-130J Missionization.............................                --
                                                       -----------------
      Subtotal, Aircraft..............................        20,000,000
Integrated Deepwater System:
Aircraft:
    Maritime patrol aircraft..........................        68,000,000
    Unmanned Aerial Vehicles (UAVs)...................        40,000,000
    HH-60 sustainment projects........................        37,000,000
    HC-130 sustainment projects.......................        11,000,000
    HH-65 re-engining.................................       133,100,000
                                                       -----------------
      Subtotal, Aircraft..............................       289,100,000
Surface Ships:
    National security cutter, construction............       368,000,000
    Offshore patrol cutter, development...............       108,000,000
    Fast Response Cutter, long-lead items and                  7,500,000
     development......................................
    Short Range Prosecutor program and IDS small boats           700,000
    Medium Endurance Cutter program and legacy surface        25,000,000
     ship sustainment.................................
                                                       -----------------
      Subtotal, Surface Ships.........................       509,200,000
C4ISR.................................................        44,000,000
Logistics.............................................        18,800,000
System engineering and management.....................        37,000,000
Government program management.........................        35,000,000
                                                       -----------------
      Subtotal, Integrated Deepwater System...........       933,100,000
Other Equipment:
    Rescue 21.........................................        41,000,000
    Automatic Identification System...................        24,000,000
    High frequency recap..............................                --
                                                       -----------------
      Subtotal, Other Equipment.......................        65,000,000
Shore Facilities and Aids to Navigation:
    Renovate USCGA Chase Hall barracks................        15,000,000
    Replace multi-mission building-Group LIS..........        10,000,000
    Construct breakwater-Station Neah Bay.............         2,800,000
    Waterway aids to navigation infrastructure........         3,900,000
                                                       -----------------
      Subtotal, Shore Facilities and Aids to                  31,700,000
     Navigation.......................................
Personnel and Related Support:
    Direct personnel costs............................        73,000,000
    AC&I core.........................................           500,000
                                                       -----------------
      Subtotal, Personnel and Related Support.........        73,500,000
                                                       =================
      TOTAL...........................................     1,141,800,000
 

                               Deepwater

       The conferees agree to provide $933,100,000 for the 
     Integrated Deepwater System instead of $500,000,000 as 
     proposed by the House and $988,600,000 as proposed by the 
     Senate. The conferees are troubled by the progress of the 
     Deepwater program. In response to the post-9/11 rebaselining 
     requirements set forth within Public Law 108-334, the Coast 
     Guard responded by missing deadlines, submitting inadequate 
     information, and taking what was a straightforward 
     acquisition program and turning it into a confusing plan that 
     did not sufficiently explain how the Coast Guard intends to 
     manage what is now a $24,000,000,000, 25-year effort. The 
     conferees are supportive of Deepwater and want to see 
     tangible progress in the modernization of the Coast Guard's 
     fleet. However, the conferees are frustrated with the Coast 
     Guard's inadequate justification and poor planning for 
     Deepwater resources.
       The conferees include a new provision directing the Coast 
     Guard to submit a review of the Revised Deepwater 
     Implementation Plan in conjunction with the President's 
     fiscal year 2007 budget request. This report shall include: a 
     detailed explanation of any changes to the plan for fiscal 
     year 2007; a detailed, annual performance comparison of 
     Deepwater assets to pre-Deepwater legacy assets in terms of 
     operations and maintenance costs, operational availability 
     (including mean time between failure and mean time to 
     restore), mission performance, and crewing; a status report 
     of legacy assets, including modernization progress, 
     operational availability, and the projected, remaining 
     service life of each class of legacy Deepwater asset; a 
     comprehensive explanation of how the Coast Guard is 
     accounting for the costs of legacy assets in the Deepwater 
     program;

[[Page H8603]]

     an explanation of why many assets that are elements of the 
     Integrated Deepwater System are not accounted for within 
     Deepwater's appropriation (such as the missionization of the 
     C-130Js, the 179-foot Cyclone class cutters, and the airborne 
     use of force outfitting of the HH60s and HH65s); a 
     description of the competitive process conducted in all 
     contracts and subcontracts exceeding $5,000,000; a 
     description of how the Coast Guard is planning for the human 
     resource needs of Deepwater assets including rotational 
     crewing for each asset utilizing such crewing and 
     qualification training for commanding officers and petty 
     officers in charge of Deepwater patrol boats; and the earned 
     value management system gold card data, including data for 
     all the factors in this system, for each asset being procured 
     under Deepwater, including C4ISR and C-130J missionization.
       The conferees acknowledge the Coast Guard's assertion that 
     the accuracy of a Revised Deepwater Implementation Plan 
     beyond five years is based upon numerous, unpredictable 
     variables such as national security priorities and resource 
     constraints. Therefore, the conferees believe the acquisition 
     schedule for the duration of the plan will likely undergo 
     significant modifications in five-year increments. The Coast 
     Guard has also pointed to five-year increments, beginning in 
     2011, as benchmarks for measuring the performance of 
     Deepwater assets as an entire system of systems, vice a fleet 
     of non-integrated assets. For these reasons, the conferees 
     have included a new provision directing the Coast Guard to 
     submit a comprehensive review of the Revised Deepwater 
     Implementation Plan every five years beginning in fiscal year 
     2011. This plan shall include a complete projection of the 
     acquisition costs and schedule for the duration of the plan 
     through fiscal year 2027.
       As Deepwater progresses, the conferees recognize there must 
     be a methodical transition between the acquisition phase of 
     the program and the integration of new assets into Coast 
     Guard operations. The conferees believe diligent management 
     of this transition is central to ensuring the effectiveness 
     of the Deepwater program as well as the operational readiness 
     of the Coast Guard. To address this concern, the conferees 
     direct the Coast Guard to conduct an operational gap analysis 
     for all Deepwater assets and provide an action plan on how 
     the revised Deepwater plan addresses the shortfalls between 
     current operational capabilities and operational 
     requirements, as specified in the revised, post-9/11 Mission 
     Needs Statement approved on January 24, 2005. This report 
     should apply advanced analytical methods for forecasting 
     future needs, as required in the Senate report, and should be 
     submitted concurrently with the Coast Guard's fiscal year 
     2007 budget request.


                              Patrol Boats

       The conferees are very concerned about the availability and 
     performance of the Coast Guard's patrol boat fleet. The 110-
     foot Island Class patrol boats are currently experiencing 
     major maintenance problems as well as technological 
     obsolescence and the planned patrol boat replacement under 
     Deepwater--the Fast Response Cutter (FRC)--is several years 
     away from sea trials and production. The Coast Guard's patrol 
     boat needs are further stressed given the termination of the 
     110-to-123 conversion program that was intended to bridge the 
     gap between the phase-out of the 110 and the deployment of 
     the FRC. To address this critical issue and looming shortfall 
     in patrol boat mission hours, the conferees agree to include 
     a provision (section 527) rescinding unobligated funds in the 
     amount of $78,630,689 appropriated for 110-to-123 conversions 
     in fiscal years 2003, 2004, and 2005 and re-appropriating the 
     funds for the service life extension of Island Class patrol 
     boats and the design, production, and long lead materials of 
     the FRC. The conferees direct the Coast Guard to provide a 
     patrol boat availability report to the Committees on 
     Appropriations no later than February 10, 2006, which 
     includes: an expenditure plan for the 110 service life 
     extension program; a detailed explanation of the FRC's 
     accelerated design and production that includes the 
     application of the funds provided by this Act; and a mission 
     hour and operational availability report for each 110 foot 
     and 123 foot patrol boat in service.


                  Covert Manned Surveillance Aircraft

       The conferees do not include a rescission of $13,999,000 in 
     prior appropriations for the purchase of covert manned 
     surveillance aircraft as proposed by the Senate. The 
     conferees direct the Coast Guard to move forward with this 
     procurement and agree to provide $10,000,000 for sensor 
     procurement and installation as proposed by the House.


                               Rescue 21

       Due to high unobligated balances and extensive program 
     delays, the conferees agree to provide $41,000,000 for Rescue 
     21 instead of $91,000,000 as proposed by the House and 
     $81,000,000 as proposed by the Senate.


                         ALTERATION OF BRIDGES

       The conferees agree to provide $15,000,000 as proposed by 
     both the House and Senate. Within this total, funds shall be 
     allocated as follows:

Chelsea Street Bridge in Chelsea, Massachusetts.......        $2,500,000
Canadian Pacific Railroad Bridge in La Crosse,                 2,000,000
 Wisconsin............................................
Fourteen Mile Bridge, Mobile, Alabama.................         6,000,000
Galveston Railway Bridge, Galveston, Texas............         2,500,000
Burlington Northern Santa Fe Bridge in Burlington,             1,000,000
 Iowa.................................................
Elgin, Joliet, and Eastern Railway Company Bridge,             1,000,000
 Morris, Illinois.....................................
                                                       -----------------
    Total.............................................        15,000,000
 

              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

       The conferees agree to provide $17,750,000 instead of 
     $18,500,000 as proposed by the Senate. The House proposed 
     $17,000,000 within the Science and Technology Directorate. 
     The conferees expect the Commandant of the Coast Guard to 
     continue to coordinate with the Under Secretary for Science 
     and Technology on research and development activities.


                              RETIRED PAY

       The conferees agree to provide $1,014,080,000 as proposed 
     by both the House and the Senate.

                      United States Secret Service


                         SALARIES AND EXPENSES

       The conferees agree to provide $1,208,310,000 instead of 
     $1,228,981,000 as proposed by the House and $1,188,638,000 as 
     proposed by the Senate. This includes: $2,500,000, to remain 
     available until September 30, 2007, for Secret Service costs 
     related to National Special Security Events; $39,600,000 to 
     support investigations of electronic crimes; and $7,889,000 
     for activities relating to the National Center for Missing 
     and Exploited Children, including $2,389,000 for forensic 
     support. Funds shall be allocated as follows:

Protection:
    Protection of persons and facilities..............      $576,316,000
    National Special Security Event Fund..............         2,500,000
    Protective intelligence activities................        56,215,000
    White House mail screening........................        16,365,000
                                                       -----------------
      Subtotal, Protection............................       651,396,000
Field operations:
    Domestic field operations.........................       238,888,000
    International field office administration,                20,968,000
 operations and training..............................
    Electronic crimes special agent program and               39,600,000
 electronic crimes task forces........................
                                                       -----------------
      Subtotal, Field operations......................       299,456,000
Administration:
    Headquarters, management and administration.......       203,232,000
    National Center for Missing and Exploited Children         7,889,000
                                                       -----------------
      Subtotal, Administration........................       211,121,000
Training:
    Rowley Training Center............................        46,337,000
                                                       =================
      Total, Salaries and Expenses....................     1,208,310,000
 

                    National Special Security Events

       The conferees agree to provide $2,500,000 for the costs 
     associated with National Special Security Events (NSSEs), 
     instead of $10,000,000 as proposed by the House and no funds 
     as proposed by the Senate. When combined with an unobligated 
     balance of $2,329,000 from fiscal year 2005 appropriations, a 
     total of $4,829,000 is available for

[[Page H8604]]

     NSSEs; funds appropriated in this Act for this purpose are 
     made available through September 30, 2007. The conferees are 
     aware of additional funds available through the 
     Counterterrorism Fund, which may be made available for this 
     purpose. The conferees are disappointed with the Secret 
     Service's lack of budgetary planning for the costs associated 
     with security operations for NSSEs. Despite the considerable 
     growth in size, complexity, and cost of NSSEs since their 
     inception, the Secret Service has not effectively managed the 
     resource impact of these events. The conferees prohibit the 
     obligation of funds provided under this heading until the 
     Committees on Appropriations receive a current NSSE budget 
     model, as described in the House report.


                          Workload Rebalancing

       The conferees note the unacceptably high workload of 
     personnel that has resulted from the significant increase in 
     the scope of the Secret Service's dual mission. An average 
     overtime rate of 80 hours per special agent per month has 
     arisen from a constantly evolving, post-9/11 threat 
     environment; a three-fold increase in the number of 
     protectees since 9/11; proliferation of identity theft and 
     electronic crime; the occurrence of increasingly complex 
     NSSEs; and support of Departmental missions such as critical 
     infrastructure protection and cyber security. The conferees 
     believe current workload conditions are unsustainable and 
     direct the Secret Service to submit a workload rebalancing 
     report as described within the House report no later than 
     February 10, 2006.


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       The conferees agree to provide $3,699,000 as proposed by 
     both the House and Senate.

                  TITLE III--PREPAREDNESS AND RECOVERY

                              PREPAREDNESS

                     Management and Administration

       The conferees agree to provide $16,079,000 for management 
     and administration of the Preparedness Directorate. Included 
     in this amount is $13,187,000 for the Office of the Under 
     Secretary for Preparedness; $2,000,000 for the Office of the 
     Chief Medical Officer, as proposed in the Secretary's 
     organizational restructuring plan submitted on July 13, 2005; 
     and $892,000 for the Office of National Capital Region 
     Coordination, including half year funding for two new staff. 
     The conferees encourage the Office of National Capital Region 
     Coordination to detail these personnel to the Homeland 
     Security Operations Center if appropriate and necessary.
       The conferees establish this new account in response to the 
     Secretary's organizational restructuring plan submitted on 
     July 13, 2005, and include resources previously provided 
     under the Office of the Under Secretary for Information 
     Analysis and Infrastructure Protection (IAIP); the Office of 
     the Under Secretary for Border and Transportation Security; 
     the Office of State and Local Government Coordination and 
     Preparedness; and the Office of National Capital Region 
     Coordination previously funded in the Office of the Secretary 
     and Executive Management.
       The conferees understand the newly created Preparedness 
     Directorate will assess and prioritize policies and 
     operations to enhance preparedness for a natural disaster or 
     terrorist attack. The conferees direct this Directorate to 
     work with the Director of Federal Emergency Management Agency 
     to continue an all-hazard approach for preparation, 
     response and recovery to any type of disaster.

                    Office for Domestic Preparedness


                         Salaries and Expenses

       The conferees agree to provide $5,000,000 for Office for 
     Domestic Preparedness (ODP) salaries and expenses.


                        State and Local Programs

       The conferees agree to provide $2,501,300,000 instead of 
     $2,831,400,000 as proposed by the House and $2,714,300,000 as 
     proposed by the Senate. State and Local Programs funding is 
     allocated as follows:

State Formula Grants:
    State Homeland Security Grant Program.............      $550,000,000
    Law Enforcement Terrorism Prevention..............       400,000,000
      Subtotal, State Formula Grants..................       950,000,000
Discretionary Grants:
    High-Threat, High-Density Urban Area..............       765,000,000
    Rail and Transit Security.........................       150,000,000
    Port Security.....................................       175,000,000
    Buffer Zone Protection Plan.......................        50,000,000
    Intercity Bus Security............................        10,000,000
Trucking Security.....................................         5,000,000
                                                       -----------------
      Subtotal, Discretionary Grants..................     1,155,000,000
Commercial Equipment Direct Assistance Program........        50,000,000
National Programs:
    National Domestic Preparedness Consortium.........       145,000,000
    National Exercise Program.........................        52,000,000
    Metropolitan Medical Response System..............        30,000,000
    Technical Assistance..............................        20,000,000
    Demonstration Training Grants.....................        30,000,000
    Continuing Training Grants........................        25,000,000
    Citizen Corps.....................................        20,000,000
    Evaluations and Assessments.......................        14,300,000
    Rural Domestic Preparedness Consortium............        10,000,000
                                                       -----------------
      Subtotal, National Programs.....................       346,300,000
                                                       =================
Total, State and Local Programs.......................     2,501,300,000
 

       For purposes of eligibility for funds under this heading, 
     any county, city, village, town, district, borough, parish, 
     port authority, transit authority, intercity rail provider, 
     commuter rail system, freight rail provider, water district, 
     regional planning commission, council of government, Indian 
     tribe with jurisdiction over Indian country, authorized 
     tribal organization, Alaska Native village, independent 
     authority, special district, or other political subdivision 
     of any state shall constitute a ``local unit of government.''
       The conferees expect ODP to continue all current overtime 
     reimbursement practices. The conferees continue bill language 
     prohibiting the use of funds for construction, except for 
     Port Security, Rail and Transit Security, and the Buffer Zone 
     Protection Plan grants. Bill language is included, however, 
     to allow State Homeland Security Grant Program (SHSGP), Law 
     Enforcement Terrorism Prevention Program (LETPP), and High-
     Threat, High-Density Urban Area grants to be used for minor 
     perimeter security projects and minor construction or 
     renovation of necessary guard facilities, fencing, and 
     related efforts, not to exceed $1,000,000 as deemed necessary 
     by the Secretary. The conferees further agree that the 
     erection of communication towers, which are included in a 
     jurisdiction's interoperable communications plan, does not 
     constitute construction for the purposes of this Act.
       In addition, the conferees include bill language requiring 
     the Government Accountability Office (GAO) to review the 
     validity of the threat and risk factors, and the application 
     of those factors in the allocation of funds provided to ODP, 
     and to report to the Committees on Appropriations by November 
     17, 2005, on the results of this review. The Department is 
     required to provide GAO with the necessary information within 
     seven days of enactment of this Act to ensure that this 
     review does not impact the allocation of grants to state and 
     local entities. Further, the conferees direct GAO to review 
     the validity of the threat and risk factors used to allocate 
     discretionary grants, including a project-by-project analysis 
     of grants to non-profit organizations, in fiscal years 2003, 
     2004, and 2005, and report to the Committees on 
     Appropriations by May 5, 2006, on the results of this review.
       The conferees are concerned with the length of time, some 
     in excess of three years, which certain State and local 
     jurisdictions take to fully expend grant funds. The conferees 
     direct the Department to report, by February 10, 2006, on the 
     status of all open grants made prior to fiscal year 2003, 
     including the specific reasons why the grant dollars have not 
     yet been expended. Further, the report should include 
     recommendations on actions being taken to ensure grant funds 
     are spent in a timely manner and include an update on the 
     execution of recommendations of the Task Force on State and 
     Local Homeland Security Funding Report, dated June 2004.
       The conferees agree that for State Formula Grants and High-
     Threat, High-Density Urban Areas grants, application kits 
     shall be made available within 45 days after the start of 
     fiscal year 2006, states shall have 90 days to apply after 
     the grant is announced, and ODP shall act on an application 
     within 90 days of its receipt. The conferees further agree 
     that no less than 80 percent of these funds shall be passed 
     by the state to local units of government within 60 days of 
     the state receiving funds. Not to exceed three

[[Page H8605]]

     percent of grant funds may be used for administrative 
     expenses.


                          State Formula Grants

       The conferees agree to provide $550,000,000 for SHSGP 
     instead of $800,100,000 as proposed by the House. The Senate 
     proposed $1,538,000,000 for State and Local Assistance, 
     combining SHSGP and High-Threat, High-Density Urban Area 
     Grants into a single account. The conferees also provide 
     $400,000,000 for LETPP as proposed by both the House and 
     Senate.


                          Discretionary Grants

       The conferees agree to provide $1,155,000,000 instead of 
     $1,190,000,000 as proposed by the House. The Senate proposed 
     $1,538,000,000 for State and Local Assistance, combining 
     SHSGP and High-Threat, High-Density Urban Area Grants into a 
     single appropriation, and provided $365,000,000 for 
     Transportation and Infrastructure Grants in a separate 
     appropriation. Of the funds provided, $765,000,000 is made 
     available to the Secretary for discretionary grants to high-
     threat, high-density urban areas, including $25,000,000 for 
     grants to non-profit organizations determined by the 
     Secretary to be at high risk of international terrorist 
     attacks as proposed by the Senate. The Secretary may not 
     delegate this determination authority and must certify the 
     threat to each grantee three days prior to the announcement 
     of a grant award. The conferees believe the Secretary should 
     consider, as it relates to the grant allocation 
     methodology, tourism destinations that attract tens of 
     millions of visitors annually as potentially high risk 
     targets.
       Despite the consolidation of select transportation and 
     infrastructure security grant award functions, Transportation 
     Security Administration (TSA) and Infrastructure Protection 
     and Information Security (IPIS) shall retain operational 
     subject matter expertise of these grants and will be fully 
     engaged in the administration of related grant programs.


                             Port Security

       The conferees agree to provide $175,000,000 instead of 
     $150,000,000 as proposed by the House and $200,000,000 as 
     proposed by the Senate. The conferees direct ODP to ensure 
     all port security grants are coordinated with the state, 
     local port authority, and the Captain of the Port so all 
     vested parties are aware of grant determinations and that 
     limited resources are maximized. The conferees encourage the 
     Secretary to consider the proximity of existing liquefied 
     natural gas facilities and liquefied petroleum vessels among 
     the risk factors when deciding eligibility for port security 
     grant funding.


                       Rail and Transit Security

       The conferees agree to provide $150,000,000 as proposed by 
     the House instead of $100,000,000 as proposed by the Senate. 
     ODP shall continue to work with TSA to develop a robust rail 
     and transit security program and with the Science and 
     Technology Directorate (S&T) on the identification of 
     possible research and design requirements for rail and 
     transit security.
       The conferees are concerned by a recent ODP risk assessment 
     that highlights the need for redundant transit operation 
     control abilities in the national capital region to maintain 
     federal government continuity of operations. The conferees 
     direct ODP to submit a report no later than February 10, 
     2006, on the steps that may be taken to ensure this 
     deficiency is addressed.


             Commercial Equipment Direct Assistance Program

       The conferees agree to provide $50,000,000 as proposed by 
     both the House and Senate. The conferees concur with both the 
     House and Senate report language on the Commercial Equipment 
     Direct Assistance Program.
       The conferees encourage ODP to work with the Department of 
     Defense (DOD) to ensure promising technologies, such as skin 
     decontamination kits currently in use by DOD, are made 
     available on the commercial market for purchase by state and 
     local agencies responsible for homeland security.


               National Domestic Preparedness Consortium

       The conferees agree to provide $145,000,000 as proposed by 
     the Senate instead of $125,000,000 as proposed by the House. 
     This funding shall be allocated in accordance with the Senate 
     report.


                  Metropolitan Medical Response System

       The conferees agree to provide $30,000,000 instead of 
     $40,000,000 as proposed by the House and $10,000,000 as 
     proposed by the Senate.


                          Technical Assistance

       The conferees agree to provide $20,000,000 as proposed by 
     both the House and Senate. The conferees recognize the 
     importance of interoperable communications standards, which 
     are critical to the Department's efforts to improve 
     communications nationally. The conferees direct the Under 
     Secretary for Science and Technology (S&T) to expedite the 
     development of these standards, and coordinate with ODP to 
     ensure ODP's technical assistance program incorporates these 
     standards, as appropriate, and as spelled out in the 
     Memorandum of Agreement between S&T and ODP.
       The conferees note there is no existing capability for 
     real-time exchange of information at the regional or 
     interstate levels regarding equipment and supplies inventory, 
     readiness, or the compatibility of equipment. The conferees 
     encourage ODP to review the use of logistic centers to 
     consolidate State and local assets, provide life-cycle 
     management and maintenance of equipment, allow for easy 
     identification and rapid deployment during an incident, and 
     allow for the sharing of inventories across jurisdictions.


                     Demonstration Training Grants

       The conferees agree to provide $30,000,000 as proposed by 
     the Senate instead of $35,000,000 as proposed by the House. 
     The conferees are concerned, while terrorism prevention is a 
     national priority, little is being done to create prevention 
     expertise in our nation's first responders. Without well 
     developed terrorism prevention plans, state and local 
     agencies lack a key piece in the fight against terrorism. The 
     conferees encourage ODP to create a terrorism prevention 
     certificate training program that will enable graduates to 
     help their communities or organizations develop the necessary 
     terrorism prevention plans.


                       Continuing Training Grants

       The conferees agree to provide $25,000,000 as proposed by 
     the Senate instead of $30,000,000 as proposed by the House.


                             Citizen Corps

       The conferees agree to provide $20,000,000 instead of 
     $40,000,000 as proposed by the House and $25,000,000 as 
     proposed by the Senate. Mobilizing communities and citizens 
     to assist law enforcement in preventing acts of terrorism is 
     as important as preparing communities and citizens to respond 
     to a terrorist incident. The conferees are aware of the work 
     the Citizen Corps has done in partnership with the National 
     Crime Prevention Council (NCPC) in organizing comprehensive 
     community planning. The conferees encourage ODP to continue 
     to emphasize prevention in all of its programs and to work 
     with the NCPC.


                 Rural Domestic Preparedness Consortium

       The conferees agree to provide $10,000,000 as proposed by 
     the House. The Senate included no similar provision. The 
     conferees direct ODP to continue the development of 
     specialized and innovative training curricula for rural 
     first responders and ensure the coordination of such 
     efforts with existing ODP training partners.


                      Interoperable Communications

       The conferees concur with the Senate report language 
     regarding interoperable communication implementation plans.


               Homeland Security Presidential Directive 8

       The conferees concur with the House report language 
     regarding Homeland Security Presidential Directive 8 
     implementation; however, ODP shall issue the final National 
     Preparedness Goal no later than December 31, 2005, and 
     complete the National Preparedness Assessment and Reporting 
     System no later than September 30, 2006.


                       Emergency Medical Services

       The conferees are very concerned with the lack of first 
     responder grant funding being provided to the Emergency 
     Medical Services (EMS) community. The conferees direct ODP to 
     require state and local governments to include EMS 
     representatives in planning committees as an equal partner 
     and to facilitate a nationwide EMS needs assessment. The 
     conferees do not mandate that a certain percentage of grant 
     funds be allocated to any one type of first responders. 
     However, the conferees direct ODP to evaluate how much money 
     goes to EMS providers and to require an explanation from any 
     state not providing at least ten percent of its grant funding 
     to EMS providers to better train and equip them to provide 
     critical life-saving assistance in the event of a chemical, 
     biological, radiological, or explosive event.


                         Catastrophic Planning

       The conferees note the tragic events in the wake of 
     Hurricane Katrina indicate the importance of preparation and 
     having plans in place to deal with catastrophic events. It is 
     imperative all states and Urban Area Security Initiative 
     grantees ensure there are sufficient resources devoted to 
     putting in place plans for the complete evacuation of 
     residents, including special needs groups in hospitals and 
     nursing homes, or residents without access to transportation, 
     in advance of and after such an event, as well as plans for 
     sustenance of evacuees.
       The conferees direct the Secretary to report on the status 
     of catastrophic planning, including mass evacuation planning 
     in all 50 states and the 75 largest urban areas by February 
     10, 2006. The report should include certifications from each 
     state and urban area as to the exact status of plans for 
     evacuations of entire metropolitan areas in the state and the 
     entire state, the dates such plans were last updated, the 
     date exercises were last conducted using the plans, and plans 
     for sustenance of evacuees.


                              Eligibility

       The conferees urge the Department to work with state and 
     local governments to ensure regional authorities, such as 
     port, transit, or tribal authorities are given due 
     consideration in the distribution of State Formula Grants.


                   Rapid Decontamination Preparedness

       The conferees are concerned with the lack of planning and 
     preparation for a rapid decontamination response in the event 
     of a large scale biological or chemical attack. The conferees 
     direct ODP, in consultation with S&T, the Environmental 
     Protection Agency, and other relevant federal agencies,

[[Page H8606]]

     to report, not later than February 10, 2006, on the 
     feasibility and plan for establishing a regionally based, 
     pre-positioned rapid response capability for the 
     decontamination of biological and chemical agents based on 
     technologies that meet the decontamination standards for 
     those agents.


                          Effectiveness Survey

       The conferees direct the Secretary to comply with section 
     522 of the Senate bill with regard to a survey of state and 
     local government emergency officials.


                     FIREFIGHTER ASSISTANCE GRANTS

       The conferees agree to provide $655,000,000 instead of 
     $650,000,000 as proposed by the House and $665,000,000 as 
     proposed by the Senate. Of this amount, $110,000,000 shall be 
     for firefighter staffing, as authorized by section 34 of the 
     Federal Fire Prevention and Control Act of 1974, instead of 
     $75,000,000 as proposed by the House and $115,000,000 as 
     proposed by the Senate.
       The conferees are concerned by the Department's proposed 
     shift in grant focus from all-hazards to placing a priority 
     on terrorism, and the proposed deletion of several eligible 
     activities, specifically, wellness and fitness programs, 
     emergency medical services, fire prevention programs, public 
     education programs, and modifications of facilities for 
     health and safety of personnel. The Department shall continue 
     the current practice of funding applications according to 
     local priorities and those established by the United States 
     Fire Administration (USFA), continue direct funding of grants 
     to fire departments, continue the peer review process for 
     determining funding awards, reinstate all previously eligible 
     funding areas, and include the USFA during grant 
     administration. The conferees further agree to make 
     $3,000,000 available for implementation of section 205(c) of 
     Public Law 108-169, the United States Fire Administration 
     Reauthorization Act of 2003.


                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

The conferees agree to provide $185,000,000 instead of $180,000,000 as 
 proposed by the House and $190,000,000 as proposed by the Senate. The 
  conferees agree Emergency Management Performance Grants (EMPGs) are 
 vital to state and local emergency management systems. The Department 
shall continue funding personnel expenses without a limit and continue 
current grant administrative practices, including grant allocation and 
a focus on all-hazards, in a manner identical to fiscal year 2005. The 
  conferees agree ODP shall continue to include the Federal Emergency 
 Management Agency (FEMA) subject matter experts in the review of EMPG 
     applications, determinations of eligibility, and making award 
    determinations. Furthermore, the conferees expect FEMA regional 
 emergency managers' relationship with state and local governments to 
continue and expect ODP to work with all State Administrating Agencies 
 to ensure funds reach the emergency management communities as quickly 
                              as possible.

              Radiological Emergency Preparedness Program

       The conferees agree to provide for the receipt and 
     expenditure of fees collected, as authorized by Public Law 
     105-276 and as proposed by both the House and Senate. The 
     conferees move these programs from the Emergency Preparedness 
     and Response Directorate to the Preparedness Directorate, as 
     proposed in the Secretary's organizational restructuring plan 
     dated July 13, 2005.

             United States Fire Administration and Training

       The conferees agree to provide $44,948,000 for the United 
     States Fire Administration and Training. Of this amount, 
     $4,507,000 is for the Noble Training Center. The conferees 
     move these programs from the Emergency Preparedness and 
     Response Directorate to the Preparedness Directorate, as 
     proposed in the Secretary's organizational restructuring plan 
     dated July 13, 2005. The conferees concur with Senate report 
     language on the preparedness of local fire departments; 
     however, the report shall be provided by March 1, 2007, 
     instead of February 18, 2006.

           Infrastructure Protection and Information Security

       The conferees agree to provide $625,499,000 for 
     infrastructure protection and information security (IPIS) 
     programs. The conferees move IPIS programs from Information 
     Analysis and Infrastructure Protection (IAIP), Management and 
     Administration and Evaluations and Assessments, to the 
     Preparedness Directorate, as proposed in the Secretary's 
     organizational restructuring plan submitted on July 13, 2005. 
     Funding is allocated as follows:

 
 
 
Management and Administration.........................       $83,342,000
Critical Infrastructure Outreach and Partnership......       112,177,000
Critical Infrastructure Identification and Evaluation.        68,500,000
National Infrastructure Simulation and Analysis Center        20,000,000
Biosurveillance.......................................        14,100,000
Protective Actions....................................        91,399,000
Cyber Security........................................        93,349,000
National Security/Emergency Preparedness                     142,632,000
 Telecommunications...................................
                                                       -----------------
Total 625,499,000.....................................
 

                     Management and Administration

       The conferees agree to provide $83,342,000 for Management 
     and Administration. The conferees have reduced Management and 
     Administration funding based on a continuing large number of 
     personnel vacancies. The conferees do not believe the IPIS 
     will reach its fully authorized full-time equivalent levels 
     by the end of fiscal year 2005 and have reduced fiscal year 
     2006 funding accordingly.

            Critical Infrastructure Outreach and Partnership

       The conferees agree to provide $112,177,000 instead of 
     $62,177,000 as proposed by the House and $126,592,000 as 
     proposed by the Senate. Included in this amount is 
     $50,000,000 for the National Center for Critical Information 
     Processing and Storage (NCCIPS) for data center services for 
     critical infrastructure information, including development, 
     operations, and maintenance of the Center. The conferees 
     direct a report, no later than February 10, 2006, on the 
     progress of further developing NCCIPS.

         Critical Infrastructure Identification and Evaluation

       The conferees agree to provide $68,500,000 instead of 
     $77,173,000 as proposed by the House and $59,903,000 as 
     proposed by the Senate. Included in this amount is $7,500,000 
     for the Comprehensive Review directed in the House Report 
     109-79 and $20,000,000 for the National Asset Database.

                       Chemical Facility Security

       The conferees direct the Secretary to complete 
     vulnerability assessments of the highest risk chemical 
     facilities in the United States by December 2006. In 
     determining which facilities to assess, the Secretary should 
     give preference to facilities that, if attacked, pose the 
     greatest threat to human life and the economy. The conferees 
     also direct the Department to complete a national security 
     strategy for the chemical sector by February 10, 2006.

     National Infrastructure Simulation and Analysis Center (NISAC)

       The conferees agree to provide $20,000,000 instead of 
     $16,000,000 as proposed by the House and $21,000,000 as 
     proposed by the Senate. The conferees agree that Sandia and 
     Los Alamos National Laboratories shall continue to develop 
     the NISAC and be the lead entities in securing the Nation's 
     critical infrastructure.

                             Cyber Security

       The conferees agree to provide $93,349,000, including 
     $30,000,000 to continue National cyber security exercises and 
     outreach. The conferees strongly support cyber partnerships 
     among federal, state, local agencies, and the private sector 
     that demonstrate the ability to transfer technologies from 
     federal laboratories and package them into tools, training, 
     and technical assistance to meet and enhance the demands of 
     federal, state, and local end users. Included in the amount 
     provided is the budget request level for United States 
     Computer Emergency Readiness Team operations.

                         Counterterrorism Fund

       The conferees agree to provide $2,000,000 instead of 
     $10,000,000 as proposed by the House and $3,000,000 as 
     proposed by the Senate. The conferees expect the Secretary to 
     provide written notification to the Committees on 
     Appropriations upon the designation of a National Special 
     Security Event. The written notification shall include the 
     following information: location and date of the event, 
     federal agencies involved in the protection and planning of 
     the event, the estimated federal costs of the event, and the 
     source of funding to cover the anticipated expenditures.

                  Federal Emergency Management Agency

                 Administrative and Regional Operations

       The conferees agree to provide $221,240,000 instead of 
     $227,747,000 as proposed by the House and $220,747,000 as 
     proposed by the Senate. Within these funds, the conferees 
     agree to provide $4,306,000 for the office of the Director of 
     the Federal Emergency Management Agency (FEMA) and $5,000,000 
     for the Document Management Support Program.
       The conferees are concerned with administrative actions 
     being taken to close FEMA's Pacific Area Office (PAO). The 
     PAO provides the primary federal response to disasters 
     throughout the Pacific Islands. Given the PAO's proximity to 
     the other Pacific Islands

[[Page H8607]]

     within Region IX and the specialized knowledge of its staff 
     on the islands' geography and cultures, the conferees direct 
     FEMA to continue to operate the PAO.


            PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

       The conferees agree to provide $204,058,000 instead of 
     $249,499,000 as proposed by the House and $193,899,000 as 
     proposed by the Senate. No funding is provided for Nuclear 
     Incident Response as proposed by the Senate. Within these 
     funds, the conferees agree to provide $20,000,000 for 
     catastrophic planning. The conferees do not agree to rescind 
     $9,600,000 as proposed by the Senate. Within the funds 
     provided for catastrophic planning, the conferees agree FEMA 
     shall reimburse non-governmental organizations with 
     cooperating agency responsibilities under the Department's 
     National Response Plan (NRP) and Catastrophic Incident Annex/
     Supplement (CIA/S) for planning activities required by the 
     NRP-CIA/S, provided costs do not exceed $5,000,000. Further, 
     the Secretary is directed to include these costs in future 
     budget submissions. The conferees concur with Senate bill 
     language encouraging acquisition of an integrated mobile 
     medical system.
       The conferees are aware FM broadcast radio infrastructure 
     and public television stations are moving forward with 
     several Integrated Public Alert and Warning System programs 
     towards a national alert and warning policy and architecture 
     and encourage FEMA to support these efforts.

                        Urban Search and Rescue

       Of the funds provided for Preparedness, Mitigation, 
     Response, and Recovery, the conferees agree to provide 
     $20,000,000 for urban search and rescue instead of $7,000,000 
     as proposed by the House and $30,000,000 as proposed by 
     Senate. The conferees direct the Secretary to provide a 
     report by February 10, 2006, on the total costs in fiscal 
     years 2005, 2006, and proposed for 2007 to operate and train 
     the 28 Urban Search and Rescue teams, the cost to maintain 
     the first equipment cache, the cost to maintain the second 
     equipment cache, the cost to replace expiring drugs, the 
     costs to replace/repair equipment that has been used in 
     training or actual disasters, and all other costs of the 
     program. The report should include state, local and Federal 
     costs and an assessment of the appropriate share for each 
     level of government.

                  National Incident Management System

       Of the funds provided for Preparedness, Mitigation, 
     Response, and Recovery, the conferees agree to provide 
     $22,000,000 for the National Incident Management System 
     (NIMS) as proposed by the House. The conferees direct FEMA to 
     use no less than $10,000,000 to continue to implement NIMS 
     nationwide, with a focus specifically on standards 
     identification, testing and evaluation of equipment, and gap 
     and lessons learned identification.


                          Emergency Structures

       Of the funds provided for Preparedness, Mitigation, 
     Response, and Recovery, the conferees agree to provide 
     $4,000,000 for emergency structures as proposed by the House. 
     The Department is strongly encouraged to begin to utilize 
     structures that can be stacked for economical shipping and 
     storage, expanded during assembly to increase useable space, 
     and returned to their original dimensions when disassembled. 
     The structures should also be suitable to address 
     infrastructure needs, such as offices, schools, medical 
     centers, and other public buildings, and sturdy enough to 
     ensure multiple reuse in future deployments. The conferees 
     believe this innovative and higher quality structure should 
     provide substantial cost-savings over time to the federal 
     government through effective multiple reuse, and will enhance 
     current response and recovery activities well beyond the 
     semi-disposable products currently being used. The conferees 
     direct FEMA to commence this new activity immediately and to 
     ensure emergency housing and infrastructure requirements are 
     submitted with their fiscal year 2007 budget request.


                            Mass Evacuations

       The conferees recognize that state and local governments 
     must develop multi-state and multi-jurisdictional plans in 
     the event that a mass evacuation takes place from an urban 
     area to neighboring rural areas. The conferees direct the 
     Department, through the Catastrophic Disaster Planning 
     Program, to develop coordinated guidelines for state and 
     local governments as they develop mass evacuation plans. 
     Plans should include, where appropriate, the pre-positioning 
     of items that will be required during a mass evacuation, such 
     as food, water, medicine and interoperable communications 
     equipment. The Department is encouraged to consider the need 
     for such pre-positioned equipment in allocating first 
     responder funds.


                           Crisis Counseling

       The conferees understand the Crisis Counseling Program, 
     funded to provide mental health services for first responders 
     who responded to the attacks of 9/11 ended September 30, 
     2005. Further, the conferees understand New York City will 
     provide similar services to those who continue to need 
     services. In order to ensure first responders continue to 
     receive mental health and other services, the conferees 
     direct FEMA to provide a report on the transition of these 
     services from federal to city administration by February 10, 
     2006.


                         PUBLIC HEALTH PROGRAMS

       The conferees agree to provide $34,000,000 as proposed by 
     both the House and Senate.


                            DISASTER RELIEF

       The conferees agree to provide $1,770,000,000 instead of 
     $2,000,000,000 as proposed by the House and $1,920,000,000 as 
     proposed by the Senate. The conferees concur with House 
     report language on Disaster Relief Fund overpayments; 
     however, the report shall be provided by June 1, 2006, 
     instead of March 15, 2006.
       The conferees agree the Secretary shall provide clear, 
     concise, and uniform guidelines for the reimbursement to any 
     county or government entity affected by a hurricane on the 
     costs of hurricane debris removal.
       The conferees agree the Secretary shall submit to the 
     Committees on Appropriations a report describing any changes 
     to federal emergency preparedness and response policies and 
     practices as a result of the Inspector General's report (OIG-
     05-20) related to Hurricane Frances.
       The conferees agree that, not later than 90 days from the 
     date of enactment of this Act, the Secretary shall issue new 
     guidelines to prohibit inspectors from entering into a 
     contract for the sale of any house or household item he or 
     she inspected. The guidelines shall apply to those performing 
     inspections that determine eligibility for assistance from 
     FEMA.


            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

       The conferees agree to provide $567,000 for administrative 
     expenses as proposed by both the House and Senate. Gross 
     obligations for the principal amount of direct loans shall 
     not exceed $25,000,000 as proposed by both the House and 
     Senate.


                      FLOOD MAP MODERNIZATION FUND

       The conferees agree to provide $200,000,000 as proposed by 
     both the House and Senate. The conferees recognize the 
     importance of the Flood Map Modernization Program to state 
     and local governments. When allocating federal flood mapping 
     modernization funds, the conferees encourage FEMA to 
     prioritize as criteria the number of stream and coastal miles 
     within the state, the Mississippi River Delta region, and the 
     participation of the state in leveraging non-federal 
     contributions. The conferees further direct FEMA to recognize 
     and support those states that integrate the Flood Map 
     Modernization Program with other state programs to enhance 
     greater security efforts and capabilities in the areas of 
     emergency management, transportation planning and disaster 
     response. The conferees recognize the usefulness of updated 
     flood maps in state planning, and encourage this efficient 
     use of federal dollars. This is in addition to direction 
     contained in the House and Senate reports.


                     NATIONAL FLOOD INSURANCE FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conferees agree to provide $36,496,000 for salaries and 
     expenses as proposed by both the House and Senate. The 
     conferees further agree to provide up to $40,000,000 for 
     severe repetitive loss property mitigation expenses pursuant 
     to section 1361A of the National Flood Insurance Act (NFIA) 
     of 1968; $10,000,000 for flood mitigation activities pursuant 
     to section 1323 of the NFIA; and up to $99,358,000 for other 
     flood mitigation activities, of which up to $40,000,000 is 
     available for transfer to the National Flood Mitigation Fund. 
     The conferees further agree on limitations of $55,000,000 for 
     operating expenses, $660,148,000 for agents' commissions and 
     taxes, and $30,000,000 for interest on Treasury borrowings.
       The conferees believe that, while the new flood mitigation 
     programs targeted at repetitive loss properties will 
     strengthen the solvency of the National Flood Insurance Fund 
     in the long-term, it is important to manage the short-term 
     health of the Fund as well. Therefore, the conferees direct 
     FEMA, in the execution of these programs, to manage the Fund 
     in the most appropriate manner in order to maintain solvency.


                     NATIONAL FLOOD MITIGATION FUND

       The conferees agree to provide $40,000,000 by transfer from 
     the National Flood Insurance Fund as proposed by the House 
     instead of $28,000,000 as proposed by the Senate.


                  NATIONAL PREDISASTER MITIGATION FUND

       The conferees agree to provide $50,000,000 instead of 
     $150,000,000 as proposed by the House and $37,000,000 as 
     proposed by the Senate. The conferees are concerned with the 
     current large unobligated balances in the National 
     Predisaster Mitigation Fund. The conferees understand FEMA 
     intends to obligate $118,000,000 of carryover funding in 
     fiscal year 2005 and the remaining $130,000,000 by the end of 
     fiscal year 2006. The conferees support the Predisaster 
     Mitigation program but are concerned by the very slow pace of 
     implementation and the obligation of the funds.


                       EMERGENCY FOOD AND SHELTER

       The conferees agree to provide $153,000,000 as proposed by 
     both the House and Senate.

        TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       The conferees agree to provide $115,000,000, instead of 
     $120,000,000 as proposed by the House and $80,000,000 as 
     proposed by the Senate. The conference agreement includes 
     $80,000,000 for backlog elimination, as well as $35,000,000 
     to support the U.S. Citizenship and Immigration Services 
     (CIS) information technology transformation effort and 
     convert immigration records into digital format. Current 
     estimates of fee collections are

[[Page H8608]]

     $1,774,000,000, for total resources available to CIS of 
     $1,889,000,000. The conferees direct that, of these 
     collections, not to exceed $5,000 shall be for official 
     reception and representation expenses. The conferees do not 
     require the Department to report on facility needs for CIS.
       The following table specifies funding by budget activity, 
     and includes both direct appropriations and estimated 
     collections:

Backlog Reduction Initiatives (Direct
 Appropriations):
    Contracting Services (Backlog reduction)...              $70,000,000
    Other (Backlog reduction)..................               10,000,000
    Digitization and Information Technology                   35,000,000
     Transformation............................
                                                ------------------------
      Subtotal, Backlog Reduction Initiatives..              115,000,000
Adjudication Services (fee accounts):
    Pay and Benefits...........................              657,000,000
    Operating Expenses:........................
      District Operations......................              349,000,000
      Service Center Operations................              250,000,000
      Asylum, Refugee and International                       74,000,000
     Operations................................
      Records operations.......................               66,000,000
                                                ------------------------
        Subtotal, Adjudication Services........        1,396,000,000 ERR
Information and Customer Services (fee
 accounts):
    Pay and Benefits...........................               80,000,000
    Operating Expenses.........................
      National Customer Service Center.........               47,000,000
      Information Services.....................               14,000,000
                                                ------------------------
        Subtotal, Information and Customer                   141,000,000
     Services..................................
Administration (fee accounts):
    Pay and Benefits...........................               44,000,000
    Operating expenses.........................              193,000,000
                                                ------------------------
        Subtotal, Administration...............              237,000,000
                                                ========================
Total, U.S. Citizenship and Immigration                    1,889,000,000
 Services......................................
 

                  Information Technology Modernization

       The conferees include $35,000,000 to support the 
     information technology transformation process at CIS. The 
     conferees direct CIS to refrain from obligating any of the 
     funds until the Committees on Appropriations have received 
     and approved a detailed spending plan, complete with project 
     milestones, and reflecting compliance with DHS and OMB 
     guidelines for information technology investments.

                       Spanish Language Programs

       The conferees are aware CIS programs such as the National 
     Customer Service Center provide nationwide telephone 
     assistance to customers calling from within the United States 
     about immigration services and benefits; information is 
     available in English and Spanish. The conferees encourage CIS 
     to continue to support programs that provide Spanish-speaking 
     residents with information and assistance related to 
     naturalization and citizenship.

                FEDERAL LAW ENFORCEMENT TRAINING CENTER


                         SALARIES AND EXPENSES

       The conferees agree to provide $194,000,000 as proposed by 
     the House and the Senate. This amount includes the funds 
     requested in the budget and an additional $10,638,000 to meet 
     the increased training needs of the Border Patrol and 
     Immigration and Customs Enforcement.
       The conferees are concerned with the lack of use of the 
     Cheltenham, Maryland, training site. The conferees direct the 
     Department to provide a report on the utilization rates of 
     this facility and make recommendations on how it intends to 
     improve usage no later than February 10, 2006.
       The conferees do not provide authority to assess pecuniary 
     liability against employees and students.


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       The conferees agree to provide $88,358,000 as proposed by 
     the Senate instead of $64,743,000 as proposed by the House. 
     The increase from the budget request includes $44,327,000 for 
     renovation and construction needs at the Artesia, New Mexico, 
     training center and $3,395,000 for construction at the 
     Glynco, Georgia, training center.

           INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION


                     MANAGEMENT AND ADMINISTRATION

       The conferees agree to provide no funding for this 
     appropriation, as proposed in the Secretary's organizational 
     restructuring plan submitted on July 13, 2005, which 
     abolished Information Analysis and Infrastructure Protection 
     (IAIP), Management and Administration, instead of 
     $190,200,000 as proposed by the House and $168,769,000 as 
     proposed by the Senate. Funding for the functions currently 
     performed by IAIP are included under other appropriations in 
     this Act, and are identified accordingly.


                      ASSESSMENTS AND EVALUATIONS

       The conferees agree to provide no funding for this 
     appropriation, as proposed in the Secretary's organizational 
     restructuring plan submitted on July 13, 2005, which 
     abolished IAIP, Assessments and Evaluations, instead of 
     $663,240,000 as proposed by the House and $701,793,000 as 
     proposed by the Senate. Funding for the functions currently 
     performed by IAIP are included under other appropriations in 
     this Act, and are identified accordingly.

                         SCIENCE AND TECHNOLOGY


                     MANAGEMENT AND ADMINISTRATION

       The conferees agree to provide $81,099,000 for management 
     and administration as proposed by the Senate instead of 
     $81,399,000 as proposed by the House. This amount includes 
     $6,479,000 for the immediate Office of the Under Secretary 
     and $74,620,000 for other salaries and expenses.


           RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

       The conferees agree to provide $1,420,997,000 for research, 
     development, acquisition, and operations instead of 
     $1,208,597,000 as proposed by the House and $1,372,399,000 as 
     proposed by the Senate.
       The following table specifies funding by budget activity:

Biological Countermeasures.................................$380,000,000
Chemical Countermeasures.....................................95,000,000
Explosives Countermeasures...................................44,000,000
Threat and Vulnerability, Testing and Assessment.............43,000,000
Conventional Missions........................................80,000,000
Rapid prototyping program....................................35,000,000
Standards....................................................35,000,000
Emerging Threats..............................................8,000,000
Critical Infrastructure Protection...........................40,800,000
University Programs/Homeland Security Fellowship Programs....63,000,000
Counter MANPADS.............................................110,000,000
Safety Act....................................................7,000,000
Cyber Security...............................................16,700,000
Interoperability and Compatibility...........................26,500,000
Research and Development Consolidation.......................99,897,000
Radiological and Nuclear Countermeasures.....................19,086,000
Domestic Nuclear Detection Office...........................318,014,000
                                                       ________________
                                                       
    Total, Research, Development, Acquisition, and Operati1,420,997,000


                  Technology Development and Transfer

       The conferees do not provide separate funding for 
     Technology Development and Transfer as proposed by the House.


                       Biological Countermeasures

       The conferees agree to provide $380,000,000 for Biological 
     Countermeasures instead of $360,000,000 as proposed by the 
     House and $384,300,000 as proposed by the Senate. The 
     conferees agree to provide $23,000,000 to select a site and 
     other pre-construction activities for the National Bio and 
     Agrodefense Facility.


                               Air Cargo

       Based on recommendations in Science and Technology's (S&T) 
     system engineering study of civil aviation security, the 
     conferees direct $30,000,000 be used to conduct three cargo 
     screening pilot programs--one at an all cargo airport 
     facility and two at passenger cargo airports (top twenty in 
     size)--to test different concepts of operation, as described 
     in the House report. The conferees expect S&T to utilize TSA 
     airport management staff to manage the oversight and day-to-
     day operations of these pilot programs to the greatest extent 
     possible. One of the pilots should test whether a significant 
     amount of cargo can be screened in the terminal using 
     existing checked baggage security infrastructure. The 
     conferees also expect S&T to locate these pilots at airport 
     or

[[Page H8609]]

     airline facilities willing to contribute both physical space 
     and other resources to this effort. The conferees direct S&T 
     to begin all pilots in fiscal year 2006, to report on the 
     initial results of the pilots every six months after 
     initiation of the first pilot, and to report on the final 
     results four months after the last pilot is completed.


                Radiological and Nuclear Countermeasures

       The conferees agree to provide $19,086,000 for Radiological 
     and Nuclear Countermeasures as proposed by the House instead 
     of $226,000,000 as proposed by the Senate for Incident 
     Management and Recovery, and Attribution and Forensics on 
     Contaminated Evidence. Funding for all other Radiological and 
     Nuclear portfolio activities is transferred to the Domestic 
     Nuclear Detection Office.


                   Domestic Nuclear Detection Office

       The conferees agree to provide $318,014,000 for the 
     Domestic Nuclear Detection Office (DNDO) instead of 
     $127,314,000 as proposed by both the House and the Senate. 
     The conferees direct not less than $81,000,000 of the amount 
     provided is for evolutionary and transformational 
     radiological and nuclear research and development activities. 
     DNDO should leverage its resources with existing 
     institutions, such as national labs and the research and 
     development community, where practicable. In addition, 
     $4,000,000 is included for deployment of detection systems at 
     interstate weigh stations. The amount provided also includes 
     $125,000,000, as proposed by the Senate within the S&T ``Rad/
     Nuc'' research program and by the House within the Customs 
     and Border Protection ''Salaries and Expenses'' account, for 
     the testing, development, and deployment of radiation portal 
     monitors at the Nation's ports-of-entry. Language is included 
     in the bill making this amount available until expended 
     solely for this purpose.
       Excluding funding for radiation portal monitors, 
     $144,760,500 may not be obligated until the Committees on 
     Appropriations receive and approve an expenditure plan 
     prepared by the Secretary and reviewed by the Government 
     Accountability Office. None of these funds shall be obligated 
     for establishing new programs, prototyping, or implementing a 
     global systems architecture until the Committees on 
     Appropriations receive and approve the expenditure plan. This 
     plan shall include funding by program, project, and activity 
     for each of fiscal years 2006 through 2010 and an 
     organizational staffing plan, including contractors, full-
     time employee equivalents, and intra and inter agency 
     detailees. In addition, the conferees direct the expenditure 
     plan include a detailed description of the global nuclear 
     detection systems architecture and milestones and costs, by 
     fiscal year, for implementing the architecture. The plan 
     should also include identification of the roles, missions, 
     and responsibilities of DNDO as compared to the statutory 
     responsibilities of all Federal agencies involved in 
     radiological and nuclear detection and how the DNDO changes 
     any current roles, responsibilities, and functions of each 
     involved Federal partner in both the domestic and 
     international arenas.


                      Conventional Mission Support

       The conferees agree to provide $80,000,000 as proposed by 
     the House instead of $74,650,000 as proposed by the Senate. 
     The amount includes $25,000,000 for piloting a regional 
     program for Federal Emergency Management Agency/State and 
     Locals, as proposed by the Senate.


              Container Security and Megaports Initiative

       The conferees support the budget request for container 
     security research activities. The conferees direct the 
     Department to provide a report, in conjunction with the U.S. 
     Department of Energy, by February 10, 2006, on the progress 
     made by both Departments on various radiation technology 
     efforts, the degree of coordination between the megaport 
     initiative and the Container Security Initiative, the types 
     of technology (both radiation detection and other non-
     intrusive inspection technology) being deployed at specific 
     locations, and the extent to which next generation technology 
     is being explored and developed for future use.


                      Blast Resistant Receptacles

       The conferees concur with the House report on blast 
     resistant receptacles.


                   Critical Infrastructure Protection

       The conferees agree to provide $40,800,000 for Critical 
     Infrastructure protection instead of $35,800,000 as proposed 
     by the House and $13,800,000 as proposed by the Senate. The 
     conferees recommend $20,000,000 to support existing work in 
     research, development and application of technology for 
     community based critical infrastructure protection efforts. 
     The conferees are concerned the Department lacks appropriate 
     assessment tools to help prioritize security risks for 
     critical infrastructure and urges S&T to examine well-
     established scientific analysis tools commonly used in 
     engineering and design, including six sigma analysis.


                           Rapid Prototyping

       The conferees agree to provide $35,000,000 for Rapid 
     Prototyping instead of $30,000,000 as proposed by the House 
     and $20,900,000 as proposed by the Senate. The conferees 
     support the budget request and include additional funds of 
     $4,000,000 to encourage further implementation of section 313 
     of the Homeland Security Act of 2002, and to increase the 
     speed innovative products are being reviewed, certified, and 
     released to market. An additional $10,000,000 is provided to 
     evaluate emerging civil aviation defense technologies.


                            Counter MANPADS

       The conferees agree to provide $110,000,000 as proposed by 
     the House and the Senate. The conferees do not support using 
     $10,000,000 of this amount for investigating alternative 
     technologies as proposed by the House.


                   Interoperability and Compatibility

       The conferees agree to provide $26,500,000 for 
     Interoperability and Compatibility instead of $41,500,000 as 
     proposed by the House and $15,000,000 as proposed by the 
     Senate. The amount provided includes $5,000,000 for expanded 
     deployment of RapidCom, instead of $10,000,000 as proposed by 
     the House. The conferees concur with the House report 
     language regarding the Risk Assessment Policy Working Group. 
     The conferees direct the Office of Interoperability and 
     Compatibility (OIC) to work with the National Institute of 
     Standards and Technology and the U.S. Department of Justice 
     to require, when Project 25 equipment is purchased with such 
     funds, the equipment meets the requirements of a conformity 
     assessment program. The conferees further direct such a 
     conformity assessment program be funded by this appropriation 
     and be available by the end of fiscal year 2006. Consistent 
     with current SAFECOM guidelines, the conferees agree other 
     technologies can also be funded, but the grant applications 
     should present a compelling argument why the use of these 
     other technologies will improve the status quo of 
     interoperability with neighboring jurisdictions.


                             Agroterrorism

       The conferees encourage the Department to work in 
     conjunction with USDA and HHS and other organizations on 
     agroterrorism and animal-based bioterrorism, including the 
     development and stockpiling of veterinary vaccines. The 
     conferees also encourage S&T to work with one or more states 
     to develop a model integrated agricultural response system, 
     utilizing geographic information systems that identify 
     critical agricultural infrastructure. Such a system should 
     help prevent, and mitigate the impact of, incidents.


                            New Technologies

       The conferees believe new technologies may significantly 
     help the Department as it seeks to secure our homeland. The 
     conferees encourage the Department to develop such 
     technologies as lightweight miniature cooling systems for 
     protective gear; proteomic pathogen reference libraries; 
     aquatic bioassessment; airborne rapid response mapping; 
     mobile and non-intrusive cargo scanning; investments that 
     focus on nuclear threats and biological attacks, such as 
     aerosolized pathogens and the spread of zoonotic diseases as 
     well as the spread of infectious disease such as SARS and 
     avian flu; real-time detection, identification and assessment 
     of chemical, biological, nuclear, radiological, explosive and 
     concealed threats; mitigating hazardous material shipping 
     violations; and leveraging intelligent transportation 
     systems.


                             Nanotechnology

       The conferees believe nanotechnology is a promising 
     technology that can contribute significantly in the defense 
     against terrorism. The conferees encourage S&T to pursue 
     research in nanotechnologies that may aid in the detection of 
     biological, chemical, radiological, and explosive agents; and 
     to consider ways to use these technologies for protecting 
     transit systems.


                                Tunnels

       The conferees support language in the House report and 
     section 524 of the Senate bill with regard to tunnel 
     detection technologies.


                 Research and Development Consolidation

       The conferees agree to provide $99,897,000 as proposed by 
     the Senate instead of $116,897,000 as proposed by the House 
     to consolidate all research and development funding within 
     S&T with the exception of research and development activities 
     of the U.S. Coast Guard, which is to remain within that 
     agency.

                      TITLE V--GENERAL PROVISIONS

       Section 501. The conferees continue a provision that no 
     part of any appropriation shall remain available for 
     obligation beyond the current year unless expressly provided.
       Section 502. The conferees continue a provision that 
     unexpended balances of prior appropriations may be merged 
     with new appropriations accounts and used for the same 
     purpose, subject to reprogramming guidelines.
       Section 503. The conferees continue and modify a provision 
     that provides authority to reprogram appropriations within an 
     account and to transfer not to exceed five percent between 
     appropriations accounts with 15-day advance notification of 
     the Committees on Appropriations. A detailed funding table 
     identifying each Congressional control level for 
     reprogramming purposes is included at the end of this 
     statement. These reprogramming guidelines shall be complied 
     with by all agencies funded by the Department of Homeland 
     Security Appropriations Act, 2006.
       The conferees expect the Department to submit reprogramming 
     requests on a timely basis, and to provide complete 
     explanations of the reallocations proposed, including 
     detailed justifications of the increases and offsets, and any 
     specific impact the proposed changes will have on the budget 
     request for the following fiscal year and future-year 
     appropriations requirements. Each request submitted to the 
     Committees should include a

[[Page H8610]]

     detailed table showing the proposed revisions at the account, 
     program, project, and activity level to the funding and 
     staffing (full-time equivalent position) levels for the 
     current fiscal year and to the levels requested in the 
     President's budget for the following fiscal year.
       The conferees expect the Department to manage its programs 
     and activities within the levels appropriated. The conferees 
     are concerned with the number of reprogramming proposals 
     submitted for consideration by the Department and remind the 
     Department that reprogramming or transfer requests should be 
     submitted only in the case of an unforeseeable emergency or 
     situation that could not have been predicted when formulating 
     the budget request for the current fiscal year. Further, the 
     conferees note that when the Department submits a 
     reprogramming or transfer request to the Committees on 
     Appropriations and does not receive identical responses from 
     the House and Senate, it is the responsibility of the 
     Department to reconcile the House and Senate differences 
     before proceeding, and if reconciliation is not possible, to 
     consider the reprogramming or transfer request unapproved.
       The Department is not to propose a reprogramming or 
     transfer of funds after June 30th unless there are 
     exceptional or extraordinary circumstances such that lives or 
     property are placed in imminent danger.
       Section 504. The conferees include a new provision that 
     none of the funds appropriated or otherwise available to the 
     Department may be used to make payment to the Department's 
     Working Capital Fund, except for activities and amounts 
     allowed in section 6024 of Public Law 109-13, excluding the 
     Homeland Secure Data Network, as proposed by the Senate.
       Section 505. The conferees continue a provision that not to 
     exceed 50 percent of unobligated balances remaining at the 
     end of fiscal year 2006 from appropriations made for salaries 
     and expenses shall remain available through fiscal year 2007 
     subject to reprogramming guidelines.
       Section 506. The conferees continue a provision that 
     provides that funds for intelligence activities are deemed to 
     be specifically authorized during fiscal year 2006 until the 
     enactment of an Act authorizing intelligence activities for 
     fiscal year 2006.
       Section 507. The conferees continue and modify a provision 
     that directs the Federal Law Enforcement Training Center 
     (FLETC) to lead the Federal law enforcement training 
     accreditation process.
       Section 508. The conferees continue and modify a provision 
     that requires notification of the Committees on 
     Appropriations three business days before any grant 
     allocation, discretionary grant award, discretionary contract 
     award, letter of intent, or public announcement of the 
     intention to make such an award totaling in excess of 
     $1,000,000.
       Section 509. The conferees continue a provision that no 
     agency shall purchase, construct, or lease additional 
     facilities for federal law enforcement training without 
     advance approval of the Committees on Appropriations.
       Section 510. The conferees continue a provision that FLETC 
     shall schedule basic and/or advanced law enforcement training 
     at all four training facilities under its control to ensure 
     that these training centers are operated at the highest 
     capacity.
       Section 511. The conferees continue a provision that none 
     of the funds may be used for any construction, repair, 
     alteration, and acquisition project for which a prospectus, 
     if required by the Public Buildings Act of 1959, has not been 
     approved.
       Section 512. The conferees continue a provision that none 
     of the funds may be used in contravention of the Buy American 
     Act.
       Section 513. The conferees include a new provision 
     requiring the Department to take actions to comply with the 
     second proviso of section 513 of Public Law 108-334 and to 
     submit a report to the Committees on Appropriations biweekly 
     beginning on October 1, 2005, if the Department is not in 
     compliance. Additionally, the Secretary shall take all 
     possible actions to increase the level of cargo screened 
     beyond the level mandated in section 513 of Public Law 108-
     334 and shall report to the Committees on Appropriations 
     every six months on the actions taken and the quantity of air 
     cargo inspected at each airport.
       Section 514. The conferees continue a provision that allows 
     TSA to impose a reasonable charge for the lease of real and 
     personal property to TSA employees.
       Section 515. The conferees continue and make permanent a 
     provision that directs that the acquisition management system 
     of TSA be applied to the acquisition of services, equipment, 
     supplies, and materials.
       Section 516. The conferees continue and modify a provision 
     related to the transfer of the authority to conduct 
     background investigations from the Office of Personnel 
     Management to DHS, as proposed by the House. The conferees 
     are concerned by delays in personnel security and suitability 
     background investigations, update investigations and 
     periodic reinvestigations for Departmental employees and, 
     in particular for positions within the Office of the 
     Secretary and Executive Management, Office of the Under 
     Secretary for Management, Analysis and Operations, 
     Immigration and Customs Enforcement, the Directorate of 
     Science and Technology, and the Directorate for 
     Preparedness. The conferees direct that this authority be 
     used to expeditiously process background investigations, 
     including updates and reinvestigations, as necessary.
       Section 517. The conferees continue and make permanent a 
     provision that exempts funds appropriated under paragraphs 
     (1) and (2) of the State and Local Programs heading under 
     Title III of this Act from the provisions of the Cash 
     Management Improvement Act of 1990.
       Section 518. The conferees continue and modify a provision 
     to prohibit the obligation of funds for the Secure Flight 
     program, except on a test basis, until the requirements of 
     section 522 of Public Law 108-334 have been met and the 
     Government Accountability Office (GAO) has reviewed and made 
     certain certifications. The conferees direct the GAO to 
     continue to evaluate DHS and TSA actions to meet the ten 
     elements listed in section 522 of Public Law 108-334 and to 
     report to the Committees on Appropriations, either 
     incrementally as the Department meets additional elements, or 
     when all elements have been met by the Department. The 
     provision also prohibits the obligation of funds for a 
     commercial database that is obtained from or remains under 
     the control of a non-Federal entity, excluding Passenger Name 
     Record data obtained from air carriers.
       Section 519. The conferees continue a provision that 
     directs that none of the funds may be used to amend the oath 
     of allegiance required by section 337 of the Immigration and 
     Nationality Act (8 U.S.C. 1448).
       Section 520. The conferees continue a provision regarding 
     competitive sourcing.
       Section 521. The conferees continue a provision that none 
     of the funds in 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.
       Section 522. The conferees include a new provision that 
     none of the funds appropriated in 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, unless the Secret Service is fully 
     reimbursed, as proposed by the Senate.
       Section 523. The conferees include a new provision that 
     directs that the data storage facilities at the John C. 
     Stennis Space Center shall hereafter be known as the 
     ``National Center for Critical Information Processing and 
     Storage,'' as proposed by the Senate.
       Section 524. The conferees include a new provision that 
     directs the Secretary to develop standards and protocols for 
     increasing the use of explosive detection equipment to screen 
     air cargo when appropriate, as proposed by the House and 
     modified by the conferees.
       Section 525. The conferees include a new provision that 
     directs TSA to utilize existing checked baggage explosive 
     detection equipment and screeners to screen cargo on 
     passenger aircraft when practicable, as proposed by the 
     House. The provision directs TSA to submit a monthly report, 
     starting in August 2005, to the Committees on Appropriations 
     on the amount of cargo carried on passenger aircraft that was 
     screened.
       Section 526. The conferees include a new provision that 
     directs that none of the funds available for obligation in 
     this Act be used for the transportation worker identification 
     credential program to develop a personalization system that 
     is decentralized or a card production capability that does 
     not utilize an existing government card production facility, 
     as proposed by the House.
       Section 527. The conferees include a new provision that 
     rescinds $78,630,689 for Integrated Deepwater System 110- to 
     123-foot patrol boats conversion found in the United States 
     Coast Guard ``Acquisition, Construction and Improvements'' 
     account, as proposed by the House, and modified by the 
     conferees. The funds are re-appropriated towards the service 
     life extension of Island Class patrol boats and the design, 
     production, and long lead materials of the Fast Response 
     Cutter.
       Section 528. The conferees include a new provision that 
     directs the Secretary to utilize the Transportation Security 
     Clearinghouse, which currently processes criminal history 
     background checks for airline and airport employees, as the 
     central identity management system for deployment and 
     operation of the registered traveler program and the 
     transportation worker identification credential program for 
     the purposes of collecting and aggregating biometric data 
     necessary for background vetting; providing all associated 
     record-keeping, customer service, and related functions; 
     ensuring interoperability between different airports and 
     vendors; and acting as a centralized aviation, revocation, 
     and transaction hub for participating airports, ports, and 
     other points of presence, as proposed by the House.
       Section 529. The conferees include a new provision that 
     directs that only the privacy officer, appointed pursuant to 
     section 222 of the Homeland Security Act of 2002, may alter, 
     direct that changes be made to, delay or prohibit the 
     transmission of a privacy officer report to Congress, as 
     proposed by the House.
       Section 530. The conferees include a new provision 
     requiring only those employees who are trained in contract 
     management to

[[Page H8611]]

     perform contract management, as proposed by the House and 
     modified by the conferees. The conferees note that an 
     Inspector General's report (OIG-05-18) on the Transportation 
     Security Operations Center found blatant mismanagement and 
     waste of taxpayer dollars. TSA employees managing this 
     contract did not have proper training. The conferees direct 
     the Secretary to ensure that this does not happen in the 
     future.
       Section 531. The conferees include a new provision that 
     directs that any funds appropriated or transferred to TSA 
     ``Aviation Security'' and ``Administration'' in fiscal years 
     2004 and 2005, which are recovered or deobligated shall be 
     available only for procurement and installation of explosive 
     detection systems for air cargo, baggage and checkpoint 
     screening systems, subject to section 503 of this Act, as 
     proposed by the House and modified by the conferees.
       Section 532. The conferees include a new provision 
     regarding the survey and designation of ports of entry in the 
     United States, as proposed by the Senate and modified by the 
     conferees.
       Section 533. The conferees include a new provision 
     regarding FEMA's public assistance program and the City of 
     Paso Robles, California, as proposed by the House and 
     modified by the conferees.
       Section 534. The conferees include a new provision 
     regarding FEMA's public assistance program and El Dorado 
     County, California, as proposed by the House and modified by 
     the conferees.
       Section 535. The conferees include a new provision 
     regarding FEMA's public assistance program and the University 
     of Hawaii, Manoa campus.
       Section 536. The conferees include a new provision 
     regarding H2A Visas.
       Section 537. The conferees include a new provision on 
     Sensitive Security Information as proposed by the House and 
     modified by the conferees.
       Section 538. The conferees provide $40,000,000 for 
     discretionary grants to States to implement the REAL ID Act 
     of 2005 instead of $100,000,000 as proposed by the House and 
     $40,000,000 as proposed by the Senate within the Office of 
     State and Local Government Coordination and Preparedness. 
     These grants, to assist with the implementation of the 
     national standards for drivers' licenses, shall be made at 
     the discretion of the Secretary. Bill language is included 
     requiring the submission of an implementation plan for the 
     responsibilities of the Department of Homeland Security under 
     the recently enacted REAL ID Act of 2005 (Public Law 109-13). 
     This plan should include, but not be limited to, the proposed 
     uses of the funds, and the criteria to be used to approve the 
     extension of deadlines. The conferees include bill language 
     requiring that no less than $6,000,000 be made available for 
     pilot projects to begin immediately in order that lessons 
     learned and best practices might be made available to all 
     States as quickly as possible.
       Section 539. The conferees include a new provision that 
     extends the authorization of the Working Capital Fund until 
     October 1, 2006.
       Section 540. The conferees include a new provision 
     regarding fees for the registered traveler program.
       Section 541. The conferees include a new provision 
     regarding liability protection for certain persons who report 
     a situation, activity or incident.
       Section 542. The conferees include a new provision that 
     rescinds $15,000,000 from the Department of Homeland Security 
     Working Capital Fund, instead of $7,000,000 as proposed by 
     the House and $12,000,000 as proposed by the Senate under 
     Departmental Management and Operations.
       Section 543. The conferees include a new provision that 
     rescinds $5,500,000 from unobligated balances previously 
     appropriated to the Transportation Security Administration, 
     ``Aviation Security''. Of these funds, $3,000,000 shall be 
     rescinded from training and other activities and $2,500,000 
     shall be rescinded from checkpoint support.
       Section 544. The conferees include a new provision that 
     rescinds $6,369,118 from previous Appropriations Acts for the 
     United States Coast Guard ``Operating Expenses'' and 
     ``Acquisition, Construction and Improvements''. The Secretary 
     is directed to advise the Committees on Appropriations on the 
     distribution of the rescission prior to its implementation.
       Section 545. The conferees include a new provision that 
     rescinds $8,000,000 from unobligated balances previously 
     appropriated to the Counterterrorism Fund.
       Section 546. The conferees include a new provision that 
     rescinds $20,000,000 from unobligated balances previously 
     appropriated to Science and Technology, ``Research, 
     Development, Acquisition, and Operations''. The Secretary is 
     directed to advise the Committees on Appropriations on the 
     distribution of the rescission prior to its implementation.
       Section 547. The conferees include a new provision on the 
     Transportation Security Administration's security screening 
     opt-out program.
       Section 548. The conferees include a new provision on the 
     weekly reporting requirement directed in Public Law 109-62.

                         PROVISIONS NOT ADOPTED

       The conference agreement deletes section 513 of the House 
     bill requiring the Coast Guard to provide Congress a list of 
     approved but unfunded priorities each year.
       The conference agreement deletes section 519 of the Senate 
     bill reflecting the sense of the Senate on border security. 
     This requirement is addressed in the statement of managers.
       The conference agreement deletes section 520 of the Senate 
     bill providing emergency funds to the Veterans Health 
     Administration.
       The conference agreement deletes section 521 of the Senate 
     bill requiring a report on the steps the Department has taken 
     to comply with the recommendations of the Inspector General's 
     report on the Port Security Grant Program. This requirement 
     is addressed in the statement of managers.
       The conference agreement deletes section 522 of the Senate 
     bill requiring the Department to conduct a survey of state 
     and local government emergency officials on homeland security 
     related matters. This requirement is addressed in the 
     statement of managers.
       The conference agreement deletes section 523 of the Senate 
     bill requiring a quadrennial review of homeland defense. This 
     requirement is addressed in the statement of managers.
       The conference agreement deletes section 524 of the House 
     bill requiring the Department of Homeland Security to submit 
     a security plan to open general aviation at Ronald Reagan 
     Washington National Airport.
       The conference agreement deletes section 524 of the Senate 
     bill reflecting the sense of the Senate on rail tunnel 
     security research. This requirement is addressed in the 
     statement of managers.
       The conference agreement deletes section 525 of the Senate 
     bill encouraging the Secretary of Homeland Security to 
     designate one agency within the Department of Homeland 
     Security with the responsibility for managing man portable 
     air defense system countermeasures systems.
       The conference agreement deletes section 526 of the Senate 
     bill directing the Secretary to provide a detailed accounting 
     of funds made available by Congress to New York City and the 
     State of New York as a result of the September 11, 2001, 
     terrorist attacks.
       A report on the transition of Crisis Counseling services 
     from FEMA to New York City is addressed in the statement of 
     managers.
       The conference agreement deletes section 527 of the Senate 
     bill requiring a report on the risks and vulnerabilities 
     associated with general aviation. This requirement is 
     addressed in the statement of managers.
       The conference agreement deletes section 528 of the Senate 
     bill requiring the submittal of data-mining reports from the 
     head of each Department of Homeland Security agency that is 
     engaged in, or developing, data-mining. This requirement is 
     addressed in the statement of managers.
       The conference agreement deletes section 529 of the Senate 
     bill prohibiting the use of funds identified in the Inspector 
     General's Report of March 2005 ``Irregularities in the 
     Development of the Transportation Security Operations 
     Center'' as wasteful. This requirement is addressed in the 
     statement of managers.
       The conference agreement deletes section 531 of the Senate 
     bill reflecting the sense of the Senate that the Department 
     of Homeland Security should continue to coordinate with the 
     American Red Cross in developing a mass care plan in the 
     United States. This issue is addressed in the statement of 
     managers.
       The conference agreement deletes section 532 of the Senate 
     bill requiring the Department of Defense to submit the 
     overdue report requested in Public Law 109-13.
       The conference agreement deletes section 533 of the Senate 
     bill reflecting the sense of the Senate on the 
     vulnerabilities of chemical facilities. This requirement is 
     addressed in the statement of managers.
       The conference agreement deletes section 533 of the House 
     bill regarding H1B Visa processing.
       The conference agreement deletes section 534 of the Senate 
     bill requiring the Secretary to provide reimbursement 
     guidelines to any county or government entity affected by a 
     hurricane of the costs of hurricane debris removal. This 
     requirement is addressed in the statement of managers.
       The conference agreement deletes section 535 of the House 
     bill prohibiting the use of funds to alter the name of Coast 
     Guard Station ``Group St. Petersburg''.
       The conference agreement deletes section 535 of the Senate 
     bill requiring a report on changes to emergency preparedness 
     and response policies as a result of the report of the 
     Inspector General dated May 20, 2005. This requirement is 
     addressed in the statement of managers.
       The conference agreement deletes section 536 of the House 
     bill prohibiting the use of funds to patrol the border of the 
     United States except as authorized by law.
       The conference agreement deletes section 536 of the Senate 
     bill reflecting the sense of the Senate that the Department 
     should conduct a study of the feasibility of leveraging 
     existing FM broadcast radio infrastructure as an emergency 
     messaging system. This requirement is addressed in the 
     statement of managers.
       The conference agreement deletes section 537 of the Senate 
     bill requiring the Under Secretary for Emergency Preparedness 
     and Response to propose new inspection guidelines that 
     prohibit inspectors from entering into contracts with any 
     individual or entity for whom the inspector performs an 
     inspection for the purpose of determining eligibility for 
     assistance from the Federal Emergency Management Agency. This 
     requirement is addressed in the statement of managers.

[[Page H8612]]

       The conference agreement deletes section 538 of the Senate 
     bill, which would prohibit the Departments of Homeland 
     Security and State from issuing regulations to limit United 
     States citizens to a passport as the exclusive document to be 
     presented upon entry into the United States from Canada by 
     land. The proposed rule, as issued for public comment on 
     September 1, 2005, is in compliance with the Senate 
     provision. The conferees expect that the Department will 
     provide alternatives to SENTRI, NEXUS and FAST for residents 
     of small and rural Northern Border communities.
       The conference agreement deletes section 539 of the Senate 
     bill directing the Comptroller General of the United States 
     to conduct a study on the justification and effects of 
     raising the Homeland Security Advisory System alert level to 
     Code Orange.
       The conference agreement deletes section 540 of the Senate 
     bill reflecting the sense of the Senate on strengthening 
     security at nuclear power plants.
       The conference agreement deletes section 541 of the Senate 
     bill reflecting the sense of the Senate regarding threat 
     assessment of major tourist attractions. This requirement is 
     addressed in the statement of managers.

             TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

       The conference agreement does not include Title VI of the 
     Senate bill, ``Homeland Security Grant Enhancement'' as 
     proposed by the Senate. The House bill contained no similar 
     matter.

                       CONFERENCE RECOMMENDATIONS

       The conference agreement's detailed funding recommendations 
     for programs in this bill are contained in the table listed 
     below. The fiscal year 2006 budget request column reflects 
     the Department of Homeland Security's organizational 
     restructuring plan transmitted to Congress on July 13, 2005.

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                   Conference Total--With Comparison

       The total new budget (obligational) authority for the 
     fiscal year 2006 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2005 amount, the 2006 
     budget estimates, and the House and Senate bills for 2006 
     follow:

 
                        [in thousands of dollars]
New budget (obligational) authority, fiscal year 2005.      $100,210,103
Budget estimates of new (obligational) authority,             30,568,748
 fiscal year 2006.....................................
House bill, fiscal year 2006..........................        31,860,080
Senate bill, fiscal year 2006.........................        33,360,080
Conference agreement, fiscal year 2006................        31,860,080
Conference agreement compared with:
  New budget (obligational) authority, fiscal year           -68,350,023
 2005.................................................
budget estimates of new (obligational) authority,             +1,291,332
 fiscal year 2006.....................................
  House bill, fiscal year 2006........................                +0
  Senate bill, fiscal year 2006.......................        -1,500,000
 

     Harold Rogers,
     Zach Wamp,
     Tom Latham,
     JoAnn Emerson,
     John E. Sweeney,
     Jim Kolbe,
     Ernest J. Istoor, Jr.,
     Ray LaHood,
     Ander Crenshaw,
     John R. Carter,
     Jerry Lewis,
     Martin Olav Sabo,
     David E. Price,
     Jose E. Serrano,
     Lucille Roybal-Allard,
     Sanford D. Bishop,
     Chet Edwards,
                                Managers on the Part of the House.

     Judd Gregg,
     Thad Cochran,
     Ted Stevens,
     Arlen Specter,
     Pete Domenici,
     Richard C. Shelby,
     Larry Craig,
     Robert F. Bennett,
     Wayne Allard,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick J. Leahy,
     Barbara A. Mikulski,
     Herb Kohl,
     Harry Reid,
     Dianne Feinstein,
     Managers on the Part of the Senate.

                          ____________________