[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2360 Enrolled Bill (ENR)]
H.R.2360
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
Making appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 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 Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
Customs and Border Protection
Salaries and Expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, and agricultural inspections and
regulatory activities related to plant and animal imports; acquisition,
lease, maintenance and operation of aircraft; purchase and lease of up
to 4,500 (3,935 for replacement only) police-type vehicles; and
contracting with individuals for personal services abroad;
$4,826,323,000; of which $3,000,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for
official reception and representation expenses; of which not less than
$163,560,000 shall be for Air and Marine Operations; of which such sums
as become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from
that account; of which not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations; of
which not to exceed $1,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security: Provided, That for fiscal year 2006,
the overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any employee of
United States Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That of the total amount provided, $10,000,000 may
not be obligated until the Secretary submits to the Committees on
Appropriations of the Senate and the House of Representatives all
required reports related to air and marine operations: Provided
further, That no funds shall be available for the site acquisition,
design, or construction of any Border Patrol checkpoint in the Tucson
sector: Provided further, That the Border Patrol shall relocate its
checkpoints in the Tucson sector at least once every seven days in a
manner designed to prevent persons subject to inspection from
predicting the location of any such checkpoint.
Automation Modernization
For expenses for customs and border protection automated systems,
$456,000,000, to remain available until expended, of which not less
than $320,000,000 shall be for the development of the Automated
Commercial Environment: Provided, That none of the funds made available
under this heading may be obligated for the Automated Commercial
Environment until the Committees on Appropriations of the Senate and
the House of Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that--
(1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(2) complies with the Department of Homeland Security
information systems enterprise architecture;
(3) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government;
(4) includes a certification by the Chief Information Officer
of the Department of Homeland Security that an independent
verification and validation agent is currently under contract for
the project;
(5) is reviewed and approved by the Department of Homeland
Security Investment Review Board, the Secretary of Homeland
Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability Office.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial vehicles, and
other related equipment of the air and marine program, including
operational training and mission-related travel, and rental payments
for facilities occupied by the air or marine interdiction and demand
reduction programs, the operations of which include the following: the
interdiction of narcotics and other goods; the provision of support to
Federal, State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at the
discretion of the Secretary of Homeland Security, the provision of
assistance to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts, $400,231,000, to remain
available until expended: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to United States Customs and Border
Protection requirements and aircraft that have been damaged beyond
repair, shall be transferred to any other Federal agency, department,
or office outside of the Department of Homeland Security during fiscal
year 2006 without the prior approval of the Committees on
Appropriations of the Senate and the House of Representatives.
Construction
For necessary expenses to plan, construct, renovate, equip, and
maintain buildings and facilities necessary for the administration and
enforcement of the laws relating to customs and immigration,
$270,000,000, to remain available until expended: Provided, That of the
total amount provided under this heading, $35,000,000 shall be
available for the San Diego sector fence; $35,000,000 shall be
available for Tucson sector tactical infrastructure; and $26,000,000
shall be available for the Advanced Training Center.
Immigration and Customs Enforcement
Salaries and Expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations; and purchase and
lease of up to 2,740 (2,000 for replacement only) police-type vehicles;
$3,108,499,000, of which not 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 practicable with proposed appropriations necessary
to support the programs, projects, and activities of the Coast Guard in
the President's budget as submitted under section 1105(a) of title 31
for that fiscal year: Provided further, That any inconsistencies
between the capital investment plan and proposed appropriations shall
be identified and justified.
Alteration of Bridges
For necessary expenses for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $15,000,000, to remain available until expended.
Research, Development, Test, and Evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$17,750,000, to remain available until expended, of which $2,000,000
shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State and
local governments, other public authorities, private sources, and
foreign countries for expenses incurred for research, development,
testing, and evaluation.
Retired Pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,014,080,000.
United States Secret Service
Salaries and Expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 614 vehicles for police-type use,
which shall be for replacement only, and hire of passenger motor
vehicles; purchase of American-made motorcycles; hire of aircraft;
services of expert witnesses at such rates as may be determined by the
Director of the Secret Service; rental of buildings in the District of
Columbia, and fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees where a protective assignment
during the actual day or days of the visit of a protectee requires an
employee to work 16 hours per day or to remain overnight at a post of
duty; conduct of and participation in firearms matches; presentation of
awards; travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any
other Act if approval is obtained in advance from the Committees on
Appropriations of the Senate and the House of Representatives; research
and development; grants to conduct behavioral research in support of
protective research and operations; and payment in advance for
commercial accommodations as may be necessary to perform protective
functions; $1,208,310,000, of which not to exceed $25,000 shall be for
official reception and representation expenses; of which not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in counterfeit investigations; of
which $2,389,000 shall be for forensic and related support of
investigations of missing and exploited children; and of which
$5,500,000 shall be a grant for activities related to the
investigations of missing and exploited children and shall remain
available until expended: Provided, That up to $18,000,000 provided for
protective travel shall remain available until September 30, 2007:
Provided further, That of the total amount appropriated, not less than
$2,500,000 shall be available solely for the unanticipated costs
related to security operations for National Special Security Events, to
remain available until September 30, 2007: Provided further, That the
United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as
defined in section 105 of title 5, United States Code, receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year.
Acquisition, Construction, Improvements, and Related Expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $3,699,000, to remain
available until expended.
TITLE III--PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
For salaries and expenses of the Office of the Under Secretary for
Preparedness, the Office of the Chief Medical Officer, and the Office
of National Capital Region Coordination, $16,079,000: Provided, That
not to exceed $7,000 shall be for official reception and representation
expenses.
Office for Domestic Preparedness
SALARIES AND EXPENSES
For necessary expenses for the Office for Domestic Preparedness,
$5,000,000.
State and Local Programs
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other provision of
law, $2,501,300,000, which shall be allocated as follows:
(1) $550,000,000 for formula-based grants and $400,000,000 for
law enforcement terrorism prevention grants pursuant to section
1014 of the USA PATRIOT ACT (42 U.S.C. 3714): Provided, That the
application for grants shall be made available to States within 45
days from the date of enactment of this Act; that States shall
submit applications within 90 days after the grant announcement;
and that the Office for Domestic Preparedness shall act within 90
days after receipt of an application: Provided further, That no
less than 80 percent of any grant under this paragraph to a State
shall be made available by the State to local governments within 60
days after the receipt of the funds.
(2) $1,155,000,000 for discretionary grants, as determined by
the Secretary of Homeland Security, of which--
(A) $765,000,000 shall be for use in high-threat, high-
density urban areas: Provided, That $25,000,000 shall be
available until expended for assistance to organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax section 501(a) of such Code)
determined by the Secretary to be at high-risk of international
terrorist attack, and that these determinations shall not be
delegated to any Federal, State, or local government official:
Provided further, That the Secretary shall certify to the
Committees on Appropriations of the Senate and the House of
Representatives the threat to each designated tax exempt
grantee at least 3 full business days in advance of the
announcement of any grant award;
(B) $175,000,000 shall be for port security grants pursuant
to the purposes of 46 United States Code 70107(a) through (h),
which shall be awarded based on risk and threat notwithstanding
subsection (a), for eligible costs as defined in subsections
(b)(2)-(4);
(C) $5,000,000 shall be for trucking industry security
grants;
(D) $10,000,000 shall be for intercity bus security grants;
(E) $150,000,000 shall be for intercity passenger rail
transportation (as defined in section 24102 of title 49, United
States Code), freight rail, and transit security grants; and
(F) $50,000,000 shall be for buffer zone protection grants:
Provided, That for grants under subparagraph (A), the application
for grants shall be made available to States within 45 days from
the date of enactment of this Act; that States shall submit
applications within 90 days after the grant announcement; and that
the Office for Domestic Preparedness shall act within 90 days after
receipt of an application: Provided further, That no less than 80
percent of any grant under this paragraph to a State shall be made
available by the State to local governments within 60 days after
the receipt of the funds.
(3) $50,000,000 shall be available for the Commercial Equipment
Direct Assistance Program.
(4) $346,300,000 for training, exercises, technical assistance,
and other programs:
Provided, That none of the grants provided under this heading shall be
used for the construction or renovation of facilities, except for a
minor perimeter security project, not to exceed $1,000,000, as
determined necessary by the Secretary of Homeland Security: Provided
further, That the proceeding proviso shall not apply to grants under
subparagraphs (B), (E), and (F) of paragraph (2) of this heading:
Provided further, That grantees shall provide additional reports on
their use of funds, as determined necessary by the Secretary of
Homeland Security: Provided further, That funds appropriated for law
enforcement terrorism prevention grants under paragraph (1) and
discretionary grants under paragraph (2)(A) of this heading shall be
available for operational costs, to include personnel overtime and
overtime associated with Office for Domestic Preparedness certified
training, as needed: Provided further, That in accordance with the
Department's implementation plan for Homeland Security Presidential
Directive 8, the Office for Domestic Preparedness shall issue the final
National Preparedness Goal no later than December 31, 2005; and no
funds provided under paragraphs (1) and (2)(A) shall be awarded to
States that have not submitted to the Office for Domestic Preparedness
an updated State homeland strategy based on the interim National
Preparedness Goal, dated March 31, 2005: Provided further, That the
Government Accountability Office shall review the validity of the
threat and risk factors used by the Secretary for the purposes of
allocating discretionary grants funded under this heading, and the
application of those factors in the allocation of funds, and report to
the Committees on Appropriations of the Senate and the House of
Representatives on the findings of its review by November 17, 2005:
Provided further, That within seven days from the date of enactment of
this Act, the Secretary shall provide the Government Accountability
Office with the threat and risk methodology and factors that will be
used to allocate discretionary grants funded under this heading.
Firefighter Assistance Grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$655,000,000, of which $545,000,000 shall be available to carry out
section 33 (15 U.S.C. 2229) and $110,000,000 shall be available to
carry out section 34 (15 U.S.C. 2229a) of such Act, to remain available
until September 30, 2007: Provided, That not to exceed 5 percent of
this amount shall be available for program administration.
Emergency Management Performance Grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $185,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total
appropriation.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2006, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2006, and remain
available until expended.
United States Fire Administration and Training
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by 15 U.S.C. 2201 et seq. and 6
U.S.C. 101 et seq., $44,948,000.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$625,499,000, of which $542,157,000 shall remain available until
September 30, 2007.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Secretary of Homeland
Security, to reimburse any Federal agency for the costs of providing
support to counter, investigate, or respond to unexpected threats or
acts of terrorism, including payment of rewards in connection with
these activities, $2,000,000, to remain available until expended:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 15 days
prior to the obligation of any amount of these funds in accordance with
section 503 of this Act.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Administrative and Regional Operations
For necessary expenses for administrative and regional operations,
$221,240,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Provided,
That not to exceed $3,000 shall be for official reception and
representation expenses.
Preparedness, Mitigation, Response, and Recovery
For necessary expenses for preparedness, mitigation, response, and
recovery activities, $204,058,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2201 et seq.), the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of
1978 (5 U.S.C. App.), and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.): Provided, That of the total amount made available under
this heading, $20,000,000 shall be for Urban Search and Rescue Teams,
of which not to exceed $1,600,000 may be made available for
administrative costs.
Public Health Programs
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations, $34,000,000.
Disaster Relief
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,770,000,000, to remain available until expended.
Disaster Assistance Direct Loan Program Account
For administrative expenses to carry out the direct loan program,
as authorized by section 319 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5162), $567,000: Provided, That
gross obligations for the principal amount of direct loans shall not
exceed $25,000,000: Provided further, That the cost of modifying such
loans shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses pursuant to section 1360 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101), $200,000,000, and such
additional sums as may be provided by State and local governments or
other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of such Act, to remain available until expended:
Provided, That total administrative costs shall not exceed 3 percent of
the total appropriation.
National Flood Insurance Fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), not to exceed $36,496,000 for salaries and
expenses associated with flood mitigation and flood insurance
operations; not to exceed $40,000,000 for financial assistance under
section 1361A of such Act to States and communities for taking actions
under such section with respect to severe repetitive loss properties,
to remain available until expended; not to exceed $10,000,000 for
mitigation actions under section 1323 of such Act; and not to exceed
$99,358,000 for flood hazard mitigation, to remain available until
September 30, 2007, including up to $40,000,000 for expenses under
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c), which amount shall be available for transfer to the National
Flood Mitigation Fund until September 30, 2007, and which amount shall
be derived from offsetting collections assessed and collected pursuant
to section 1307 of that Act (42 U.S.C. 4014), and shall be retained and
used for necessary expenses under this heading: Provided, That in
fiscal year 2006, no funds in excess of: (1) $55,000,000 for operating
expenses; (2) $660,148,000 for commissions and taxes of agents; and (3)
$30,000,000 for interest on Treasury borrowings shall be available from
the National Flood Insurance Fund.
National Flood Mitigation Fund
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
subsection (f), of section 1366 of the National Flood Insurance Act of
1968 (42 U.S.C. 4104c), $40,000,000, to remain available until
September 30, 2007, for activities designed to reduce the risk of flood
damage to structures pursuant to such Act, of which $40,000,000 shall
be derived from the National Flood Insurance Fund.
National Predisaster Mitigation Fund
For a predisaster mitigation grant program under title II of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131 et seq.), $50,000,000, to remain available until expended:
Provided, That grants made for predisaster mitigation shall be awarded
on a competitive basis subject to the criteria in section 203(g) of
such Act (42 U.S.C. 5133(g)), and notwithstanding section 203(f) of
such Act, shall be made without reference to State allocations, quotas,
or other formula-based allocation of funds: Provided further, That
total administrative costs shall not exceed 3 percent of the total
appropriation.
Emergency Food and Shelter
To carry out an emergency food and shelter program pursuant to
title III of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11331 et seq.), $153,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total appropriation.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$115,000,000: Provided, That the Director of United States Citizenship
and Immigration Services shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a report
on its information technology transformation efforts and how these
efforts align with the enterprise architecture standards of the
Department of Homeland Security within 90 days from the date of
enactment of this Act.
Federal Law Enforcement Training Center
Salaries and Expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $194,000,000, of which up to $42,119,000 for
materials and support costs of Federal law enforcement basic training
shall remain available until September 30, 2007; and of which not to
exceed $12,000 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available at
the end of the fiscal year.
Acquisition, Construction, Improvements, and Related Expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $88,358,000, to remain available until expended:
Provided, That the Center is authorized to accept reimbursement to this
appropriation from government agencies requesting the construction of
special use facilities.
Science and Technology
Management and Administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $81,099,000: Provided,
That not to exceed $3,000 shall be for official reception and
representation expenses.
Research, Development, Acquisition, and Operations
For necessary expenses for science and technology research,
including advanced research projects; development; test and evaluation;
acquisition; and operations; as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.); $1,420,997,000, to remain
available until expended: Provided, That of the total amount provided
under this heading, $23,000,000 is available to select a site for the
National Bio and Agrodefense Facility and perform other pre-
construction activities to establish research capabilities to protect
animal and public health from high consequence animal and zoonotic
diseases in support of Homeland Security Presidential Directives 9 and
10: Provided further, That of the amount provided under this heading,
$318,014,000 shall be for activities of the Domestic Nuclear Detection
Office, of which $125,000,000 shall be for the purchase and deployment
of radiation portal monitors for United States ports of entry and of
which no less than $81,000,000 shall be for radiological and nuclear
research and development activities: Provided further, That excluding
the funds made available under the preceding proviso for radiation
portal monitors, $144,760,500 of the total amount made available under
this heading for the Domestic Nuclear Detection Office shall not be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve an expenditure plan for
the Domestic Nuclear Detection Office: Provided further, That the
expenditure plan shall include funding by program, project, and
activity for each of fiscal years 2006 through 2010 prepared by the
Secretary of Homeland Security that has been reviewed by the Government
Accountability Office.
TITLE V--GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act: Provided, That balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes to
use funds directed for a specific activity by either of the Committees
on Appropriations of the Senate or House of Representatives for a
different purpose; or (5) contracts out any functions or activities for
which funds have been appropriated for Federal full-time equivalent
positions; unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2006, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $5,000,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by the Congress; or (3) results from any general savings from a
reduction in personnel that would result in a change in existing
programs, projects, or activities as approved by the Congress; unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such reprogramming
of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriations, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) of this section and shall not be available for obligation unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
which imminently threaten the safety of human life or the protection of
property.
(e) Hereafter, notwithstanding any other provision of law,
notifications pursuant to this section or any other authority for
reprogramming or transfer of funds shall be made solely to the
Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to make
payments to the ``Department of Homeland Security Working Capital
Fund'', except for the activities and amounts allowed in section 6024
of Public Law 109-13, excluding the Homeland Secure Data Network:
Provided, That any additional activities and amounts must be approved
by the Committees on Appropriations of the Senate and the House of
Representatives 30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2006 from appropriations for salaries and expenses
for fiscal year 2006 in this Act shall remain available through
September 30, 2007, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation of
such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2006 until the enactment of an Act authorizing
intelligence activities for fiscal year 2006.
Sec. 507. The Federal Law Enforcement Training Center shall lead
the Federal law enforcement training accreditation process, to include
representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 508. None of the funds in this Act may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
to issue a letter of intent totaling in excess of $1,000,000, or to
announce publicly the intention to make such an award, unless the
Secretary of Homeland Security notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance: Provided, That no notification shall
involve funds that are not available for obligation.
Sec. 509. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training which
cannot be accommodated in existing Center facilities.
Sec. 510. The Director of the Federal Law Enforcement Training
Center shall schedule basic and/or advanced law enforcement training at
all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that these training centers are
operated at the highest capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any construction,
repair, alteration, or acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959 (40 U.S.C. 3301), has not
been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American Act (41
U.S.C. 10a et seq.).
Sec. 513. The Secretary of Homeland Security shall take all actions
necessary to ensure that the Department of Homeland Security is in
compliance with the second proviso of section 513 of Public Law 108-334
and shall report to the Committees on Appropriations of the Senate and
House of Representatives biweekly beginning on October 1, 2005, on any
reasons for non-compliance: Provided, That, furthermore, the Secretary
shall take all possible actions, including the procurement of certified
systems to inspect and screen air cargo on passenger aircraft, to
increase the level of air cargo inspected beyond that mandated in
section 513 of Public Law 108-334 and shall report to the Committees on
Appropriations of the Senate and the House of Representatives every six
months on the actions taken and the percentage of air cargo inspected
at each airport.
Sec. 514. Notwithstanding section 3302 of title 31, United States
Code, for fiscal year 2006 and thereafter, the Administrator of the
Transportation Security Administration may impose a reasonable charge
for the lease of real and personal property to Transportation Security
Administration employees and for use by Transportation Security
Administration employees and may credit amounts received to the
appropriation or fund initially charged for operating and maintaining
the property, which amounts shall be available, without fiscal year
limitation, for expenditure for property management, operation,
protection, construction, repair, alteration, and related activities.
Sec. 515. For fiscal year 2006 and thereafter, the acquisition
management system of the Transportation Security Administration shall
apply to the acquisition of services, as well as equipment, supplies,
and materials.
Sec. 516. Notwithstanding any other provision of law, the authority
of the Office of Personnel Management to conduct personnel security and
suitability background investigations, update investigations, and
periodic reinvestigations of applicants for, or appointees in,
positions in the Office of the Secretary and Executive Management, the
Office of the Under Secretary for Management, Analysis and Operations,
Immigration and Customs Enforcement, Directorate for Preparedness, and
the Directorate of Science and Technology of the Department of Homeland
Security is transferred to the Department of Homeland Security:
Provided, That on request of the Department of Homeland Security, the
Office of Personnel Management shall cooperate with and assist the
Department in any investigation or reinvestigation under this section:
Provided further, That this section shall cease to be effective at such
time as the President has selected a single agency to conduct security
clearance investigations pursuant to section 3001(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458; 50 U.S.C. 435b) and the entity selected under section 3001(b)
of such Act has reported to Congress that the agency selected pursuant
to such section 3001(c) is capable of conducting all necessary
investigations in a timely manner or has authorized the entities within
the Department of Homeland Security covered by this section to conduct
their own investigations pursuant to section 3001 of such Act.
Sec. 517. Hereafter, notwithstanding any other provision of law,
funds appropriated under paragraphs (1) and (2) of the State and Local
Programs heading under title III of this Act are exempt from section
6503(a) of title 31, United States Code.
Sec. 518. (a) None of the funds provided by this or previous
appropriations Acts may be obligated for deployment or implementation,
on other than a test basis, of the Secure Flight program or any other
follow on or successor passenger prescreening programs, until the
Secretary of Homeland Security certifies, and the Government
Accountability Office reports, to the Committees on Appropriations of
the Senate and the House of Representatives, that all ten of the
elements contained in paragraphs (1) through (10) of section 522(a) of
Public Law 108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be submitted within
90 days after the certification required by such subsection is
provided, and periodically thereafter, if necessary, until the
Government Accountability Office confirms that all ten elements have
been successfully met.
(c) During the testing phase permitted by subsection (a), no
information gathered from passengers, foreign or domestic air carriers,
or reservation systems may be used to screen aviation passengers, or
delay or deny boarding to such passengers, except in instances where
passenger names are matched to a Government watch list.
(d) None of the funds provided in this or previous appropriations
Acts may be utilized to develop or test algorithms assigning risk to
passengers whose names are not on Government watch lists.
(e) None of the funds provided in this or previous appropriations
Acts may be utilized for data or a database that is obtained from or
remains under the control of a non-Federal entity: Provided, That this
restriction shall not apply to Passenger Name Record data obtained from
air carriers.
Sec. 519. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 520. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 521. None of the funds appropriated by this Act shall be
available to maintain the United States Secret Service as anything but
a distinct entity within the Department of Homeland Security and shall
not be used to merge the United States Secret Service with any other
department function, cause any personnel and operational elements of
the United States Secret Service to report to an individual other than
the Director of the United States Secret Service, or cause the Director
to report directly to any individual other than the Secretary of
Homeland Security.
Sec. 522. None of the funds appropriated to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security: Provided, That the Director of
the United States Secret Service may enter into an agreement to perform
such service on a fully reimbursable basis.
Sec. 523. The Department of Homeland Security processing and data
storage facilities at the John C. Stennis Space Center shall hereafter
be known as the ``National Center for Critical Information Processing
and Storage''.
Sec. 524. The Secretary, in consultation with industry
stakeholders, shall develop standards and protocols for increasing the
use of explosive detection equipment to screen air cargo when
appropriate.
Sec. 525. The Transportation Security Administration (TSA) shall
utilize existing checked baggage explosive detection equipment and
screeners to screen cargo carried on passenger aircraft to the greatest
extent practicable at each airport: Provided, That beginning with
November 2005, TSA shall provide a monthly report to the Committees on
Appropriations of the Senate and the House of Representatives
detailing, by airport, the amount of cargo carried on passenger
aircraft that was screened by TSA in August 2005 and each month
thereafter.
Sec. 526. None of the funds available for obligation for the
transportation worker identification credential program shall be used
to develop a personalization system that is decentralized or a card
production capability that does not utilize an existing government card
production facility: Provided, That no funding can be obligated for the
next phase of production until the Committees on Appropriations of the
Senate and the House of Representatives have been fully briefed on the
results of the prototype phase and agree that the program should move
forward.
Sec. 527. (a) From the unexpended balances of the United States
Coast Guard ``Acquisition, Construction, and Improvements'' account
specifically identified in the Joint Explanatory Statement (House
Report 108-10) accompanying Public Law 108-7 for the 110-123 foot
patrol boat upgrade, the Joint Explanatory Statement (House Report 108-
280) accompanying Public Law 108-90 for the Fast Response Cutter/110-
123 foot patrol boat conversion, and in the Joint Explanatory Statement
(House Report 108-774) accompanying Public Law 108-334 for the
Integrated Deepwater System patrol boats 110-123 foot conversion,
$78,630,689 are rescinded.
(b) For necessary expenses of the United States Coast Guard for
``Acquisition, Construction, and Improvements'', an additional
$78,630,689, to remain available until September 30, 2009, for the
service life extension program of the current 110-foot Island Class
patrol boat fleet and accelerated design and production of the Fast
Response Cutter.
Sec. 528. The Secretary of Homeland Security shall utilize the
Transportation Security Clearinghouse as the central identity
management system for the deployment and operation of the registered
traveler program and the transportation worker identification
credential program for the purposes of collecting and aggregating
biometric data necessary for background vetting; providing all
associated record-keeping, customer service, and related functions;
ensuring interoperability between different airports and vendors; and
acting as a central activation, revocation, and transaction hub for
participating airports, ports, and other points of presence.
Sec. 529. None of the funds made available in this Act may be used
by any person other than the privacy officer appointed pursuant to
section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to
alter, direct that changes be made to, delay, or prohibit the
transmission to Congress of any report prepared pursuant to paragraph
(5) of such section.
Sec. 530. No funding provided by this or previous appropriation
Acts shall be available to pay the salary of any employee serving as a
contracting officer's technical representative (COTR) or anyone acting
in a similar or like capacity who has not received COTR training.
Sec. 531. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'' and ``Administration'' in
fiscal years 2004 and 2005 that are recovered or deobligated shall be
available only for procurement and installation of explosive detection
systems for air cargo, baggage, and checkpoint screening systems:
Provided, That these funds shall be subject to section 503 of this Act.
Sec. 532. Not later than 60 days from the date of the enactment of
this Act, the Secretary of Homeland Security shall conduct a survey of
all ports of entry in the United States and designate an airport as a
port of entry in each State that does not have a port of entry.
Sec. 533. Notwithstanding any other provision of law, the Secretary
of Homeland Security shall consider eligible under the Federal
Emergency Management Agency Public Assistance Program the costs
sufficient to enable the city to repair and upgrade all damaged and
undamaged elements of the Carnegie Library in the City of Paso Robles,
California, which was damaged by the 2003 San Simeon earthquake, so
that the library is brought into conformance with all local code
requirements for new construction: Provided, That the appropriate
Federal share shall apply to approval for this project.
Sec. 534. Notwithstanding any other provision of law, the Secretary
of Homeland Security shall consider eligible under the Federal
Emergency Management Agency Public Assistance Program costs for the
damage to canals and wooden flumes, which was incurred during a 1996
storm and subsequent mudslide in El Dorado County, California, to the
El Dorado Irrigation District, based on fifty percent of the costs of
the Improved Project for the Mill Creek to Bull Creek tunnel proposed
in a November 2001 Carleton Engineering Report: Provided, That the
appropriate Federal share shall apply to approval for this project.
Sec. 535. Notwithstanding any other provision of law, the Secretary
of Homeland Security shall consider eligible under the Federal
Emergency Management Agency Public Assistance Program the costs
sufficient to enable replacement of research and education materials
and library collections and for other non-covered losses at the
University of Hawaii Manoa campus, Hawaii, resulting from an October
30, 2004, flood event.
Sec. 536. Section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by striking
``the Internal Revenue Code of 1954 and agriculture as defined in
section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)),'' and inserting ``the Internal Revenue Code of 1986,
agriculture as defined in section 3(f) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(f)), and the pressing of apples for cider on a
farm,''.
Sec. 537. Using funds made available in this Act, the Secretary of
Homeland Security shall provide that each office within the Department
that handles documents marked as Sensitive Security Information (SSI)
shall have at least one employee in that office with authority to
coordinate and make determinations on behalf of the agency that such
documents meet the criteria for marking as SSI: Provided, That not
later than December 31, 2005, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives: (1) Department-wide policies for designating,
coordinating and marking documents as SSI; (2) Department-wide auditing
and accountability procedures for documents designated and marked as
SSI; (3) the total number of SSI Coordinators within the Department;
and (4) the total number of staff authorized to designate SSI documents
within the Department: Provided further, That not later than January
31, 2006, the Secretary shall provide to the Committees on
Appropriations of the Senate and the House of Representatives the title
of all DHS documents that are designated as SSI in their entirety
during the period October 1, 2005, through December 31, 2005: Provided
further, That not later than January 31 of each succeeding year,
starting on January 31, 2007, the Secretary shall provide annually a
similar report to the Committees on Appropriations of the Senate and
the House of Representatives on the titles of all DHS documents that
are designated as SSI in their entirety during the period of January 1
through December 31 for the preceding year: Provided further, That the
Secretary shall promulgate guidance that includes common but extensive
examples of SSI that further define the individual categories of
information cited under 49 CFR 1520(b)(1) through (16) and eliminates
judgment by covered persons in the application of the SSI marking:
Provided further, That such guidance shall serve as the primary basis
and authority for the marking of DHS information as SSI by covered
persons.
Sec. 538. For grants to States pursuant to section 204(a) of the
REAL ID Act of 2005 (Division B of Public Law 109-13), $40,000,000, to
remain available until expended: Provided, That of the funds provided
under this section, $34,000,000 may not be obligated or allocated for
grants until the Committees on Appropriations of the Senate and the
House of Representatives receive and approve an implementation plan for
the responsibilities of the Department of Homeland Security under the
REAL ID Act of 2005 (Division B of Public Law 109-13), including the
proposed uses of the grant monies: Provided further, That of the funds
provided under this section, not less than $6,000,000 shall be made
available within 60 days from the date of enactment of this Act to
States for pilot projects on integrating hardware, software, and
information management systems.
Sec. 539. For activities related to the Department of Homeland
Security Working Capital Fund, subsection (f) of section 403 of Public
Law 103-356 (31 U.S.C. 501 note), is amended by striking ``October 1,
2005'' and inserting ``October 1, 2006''.
Sec. 540. For fiscal year 2006 and thereafter, notwithstanding
section 553 of title 5, United States Code, the Secretary of Homeland
Security shall impose a fee for any registered traveler program
undertaken by the Department of Homeland Security by notice in the
Federal Register, and may modify the fee from time to time by notice in
the Federal Register: Provided, That such fees shall not exceed the
aggregate costs associated with the program and shall be credited to
the Transportation Security Administration registered traveler fee
account, to be available until expended.
Sec. 541. A person who has completed a security awareness training
course approved by or operated under a cooperative agreement with the
Department of Homeland Security using funds made available in fiscal
year 2006 and thereafter or in any prior appropriations Acts, who is
enrolled in a program recognized or acknowledged by an Information
Sharing and Analysis Center, and who reports a situation, activity or
incident pursuant to that program to an appropriate authority, shall
not be liable for damages in any action brought in a Federal or State
court which result from any act or omission unless such person is
guilty of gross negligence or willful misconduct.
Sec. 542. Of the unobligated balances available in the ``Department
of Homeland Security Working Capital Fund'', $15,000,000 are rescinded.
Sec. 543. Of the unobligated balances from prior year
appropriations made available for Transportation Security
Administration ``Aviation Security'', $5,500,000 are rescinded.
Sec. 544. Of funds made available for the United States Coast Guard
in previous appropriations Acts, $6,369,118 are rescinded, as follows:
(1) $499,489 provided for ``Coast Guard, Acquisition, Construction, and
Improvements'' in Public Law 105-277; (2) $87,097 provided for ``Coast
Guard, Operating Expenses'' in Public Law 105-277; (3) $269,217
provided for ``Coast Guard, Acquisition, Construction, and
Improvements'' in Public Law 107-87; (4) $8,315 provided for ``Coast
Guard, Acquisition, Construction, and Improvements'' in Public Law 106-
69; and (5) $5,505,000 for ``Coast Guard, Acquisition, Construction,
and Improvements'' in Public Law 108-90.
Sec. 545. Of the unobligated balances from prior year
appropriations made available for the ``Counterterrorism Fund'',
$8,000,000 are rescinded.
Sec. 546. Of the unobligated balances from prior year
appropriations made available for Science and Technology ``Research,
Development, Acquisition, and Operations'', $20,000,000 are rescinded.
Sec. 547. Security Screening Opt-Out Program. Section 44920 of
title 49, United States Code, is amended by adding at the end the
following:
``(g) Operator of Airport.--Notwithstanding any other provision of
law, an operator of an airport shall not be liable for any claims for
damages filed in State or Federal court (including a claim for
compensatory, punitive, contributory, or indemnity damages) relating
to--
``(1) such airport operator's decision to submit an application
to the Secretary of Homeland Security under subsection (a) or
section 44919 or such airport operator's decision not to submit an
application; and
``(2) any act of negligence, gross negligence, or intentional
wrongdoing by--
``(A) a qualified private screening company or any of its
employees in any case in which the qualified private screening
company is acting under a contract entered into with the
Secretary of Homeland Security or the Secretary's designee; or
``(B) employees of the Federal Government providing
passenger and property security screening services at the
airport.
``(3) Nothing in this section shall relieve any airport
operator from liability for its own acts or omissions related to
its security responsibilities, nor except as may be provided by the
Support Anti-Terrorism by Fostering Effective Technologies Act of
2002 shall it relieve any qualified private screening company or
its employees from any liability related to its own acts of
negligence, gross negligence, or intentional wrongdoing.''.
Sec. 548. The weekly report required by Public Law 109-62 detailing
the allocation and obligation of funds for ``Disaster Relief'' shall
include: (1) detailed information on each allocation, obligation, or
expenditure that totals more than $50,000,000, categorized by
increments of not larger than $50,000,000; (2) the amount of credit
card purchases by agency and mission assignment; (3) obligations,
allocations, and expenditures, categorized by agency, by State, and for
New Orleans, and by purpose and mission assignment; (4) status of the
Disaster Relief Fund; and (5) specific reasons for all waivers granted
and a description of each waiver: Provided, That the detailed
information required by paragraph (1) shall include the purpose;
whether the work will be performed by a governmental agency or a
contractor; and, if the work is to be performed by a contractor, the
name of the contractor, the type of contract let, and whether the
contract is sole-source, full and open competition, or limited
competition.
This Act may be cited as the ``Department of Homeland Security
Appropriations Act, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.