[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:
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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.
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