[House Report 109-241]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-241

======================================================================



 
 MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE 
     FISCAL YEAR ENDING SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES

                                _______
                                

                September, 2005.--Ordered to be printed

                                _______
                                

Mr. Rogers of Kentucky, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 2360]

      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.

                 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 ReviewBoard, 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 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 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 practicablewith 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 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 obligationof 
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 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 Treasuryof 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 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 shallreport 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 
forincreasing 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 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 tocoordinate 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 Kolbe,
                                   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,
                                   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.

                     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 thisstatement 
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 quadrennialreviews 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 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 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
    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 Departmentproceeds 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-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 oncivil 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 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. Theconferees 
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.

                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 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 moveforward 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
                                                       -----------------
        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; 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 
theSenate 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 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 FederalEmergency 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 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 thedevelopment 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, 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 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 confereesconcur 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 $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 Operations......        74,000,000
    Records operations................................        66,000,000
                                                       -----------------
      Subtotal, Adjudication Services.................     1,396,000,000
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 Services.....       141,000,000
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 Services......     1,889,000,000


                  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 
    Operations..........................................   1,420,997,000

                  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 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 aregional 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 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 delaysin 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 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.
      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.


                   Conference Total--With Comparisons

      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,
                                   Jo Ann Emerson,
                                   John E. Sweeney,
                                   Jim Kolbe,
                                   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,
                                   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.

                                  
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