Text: H.R.2360 — 109th Congress (2005-2006)All Information (Except Text)

Text available as:

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Public Law No: 109-90 (10/18/2005)

 
[109th Congress Public Law 90]
[From the U.S. Government Printing Office]


[DOCID: f:publ090.109]

[[Page 2063]]

        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2006

[[Page 119 STAT. 2064]]

Public Law 109-90
109th Congress

                                 An Act


 
 Making appropriations for the Department of Homeland Security for the 
          fiscal year ending September 30, 2006, and for other 
            purposes. <<NOTE: Oct. 18, 2005 -  [H.R. 2360]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Homeland Security Appropriations Act, 2006.>> 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: <<NOTE: Deadline. Immigration.>> Provided further, That, not 
more than 180 days from the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives an 
integrated immigration enforcement strategy to reduce the number of 
undocumented aliens by ten percent per year based on the most recent 
United States Census Bureau data.

             Office of Screening Coordination and Operations

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

              Office of the Under Secretary for Management

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

[[Page 119 STAT. 2065]]

                  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: <<NOTE: Deadline. Information technology.>> 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: <<NOTE: Deadline. Reports.>> 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

[[Page 119 STAT. 2066]]

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

[[Page 119 STAT. 2067]]

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.

[[Page 119 STAT. 2068]]

  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

[[Page 119 STAT. 2069]]

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.

[[Page 119 STAT. 2070]]

                 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

[[Page 119 STAT. 2071]]

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, <<NOTE: Explosive 
detection.>> 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, <<NOTE: Deadline.>> 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

[[Page 119 STAT. 2072]]

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: <<NOTE: Reports.>> 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: <<NOTE: Reports. Deadline. 14 USC 663 note.>> 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: <<NOTE: Reports. Deadline. 14 USC 663 note.>> 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

[[Page 119 STAT. 2073]]

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.

[[Page 119 STAT. 2074]]

                      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.

[[Page 119 STAT. 2075]]

                  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, <<NOTE: Deadlines.>> 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: <<NOTE: Deadline.>> 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: <<NOTE: Certification.>> 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);

[[Page 119 STAT. 2076]]

                    (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, <<NOTE: Deadlines.>> 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: <<NOTE: Deadline.>> 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: <<NOTE: Reports.>> 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: <<NOTE: Deadline.>> 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: <<NOTE: Reports.>> 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: <<NOTE: Deadline.>> 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.

[[Page 119 STAT. 2077]]

                      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

[[Page 119 STAT. 2078]]

until expended: <<NOTE: Notification. Deadline.>> 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

[[Page 119 STAT. 2079]]

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

[[Page 119 STAT. 2080]]

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: <<NOTE: Reports.>> 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

[[Page 119 STAT. 2081]]

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

[[Page 119 STAT. 2082]]

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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 6 USC 103 note.>> 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

[[Page 119 STAT. 2083]]

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. <<NOTE: Notification.>> 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

[[Page 119 STAT. 2084]]

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. <<NOTE: Reports.>> 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, <<NOTE: Reports.>> 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. <<NOTE: 49 USC 114 note.>> 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. <<NOTE: Applicability. 49 USC 114 note.>> 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. <<NOTE: 6 USC 111 note.>> 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

[[Page 119 STAT. 2085]]

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. <<NOTE: Certification. Reports.>> (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

[[Page 119 STAT. 2086]]

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. <<NOTE: Federal buildings and facilities.>> 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. <<NOTE: 49 USC 44901 note.>> 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. <<NOTE: 49 USC 44901 note.>> 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: <<NOTE: Reports.>> 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. <<NOTE: Records.>> 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.

[[Page 119 STAT. 2087]]

    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. <<NOTE: Reports.>> 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. <<NOTE: California.>> 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

[[Page 119 STAT. 2088]]

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. <<NOTE: 6 USC 114 note.>> 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: <<NOTE: Deadline. Procedures.>> 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: <<NOTE: Reports.>> 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, <<NOTE: Reports.>> 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: <<NOTE: Guidelines.>> 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, <<NOTE: Deadline.>> 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. <<NOTE: Notice. Federal Register, publication. 49 USC 114 
note.>> 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

[[Page 119 STAT. 2089]]

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. <<NOTE: 6 USC 486.>> 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

[[Page 119 STAT. 2090]]

                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. <<NOTE: Reports.>> 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 <<NOTE: Contracts.>> 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''.

    Approved October 18, 2005.

LEGISLATIVE HISTORY--H.R. 2360:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-79 (Comm. on Appropriations) and 109-241 (Comm. 
of Conference).
SENATE REPORTS: No. 109-83 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            May 17, considered and passed House.
            July 11-14, considered and passed Senate, amended.
            Oct. 6, House agreed to conference report.
            Oct. 7, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
            Oct. 18, Presidential remarks and statement.

                                  <all>