[House Report 109-241]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-241
======================================================================
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES
_______
September, 2005.--Ordered to be printed
_______
Mr. Rogers of Kentucky, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2360]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2360) ``making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2006, and for
other purposes'', having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
Homeland Security for the fiscal year ending September 30,
2006, and for other purposes, namely:
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of
Homeland Security, as authorized by section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112), and executive management
of the Department of Homeland Security, as authorized by law,
$79,409,000: Provided, That not to exceed $40,000 shall be for
official reception and representation expenses: Provided
further, That, not more than 180 days from the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives an integrated immigration
enforcement strategy to reduce the number of undocumented
aliens by ten percent per year based on the most recent United
States Census Bureau data.
Office of Screening Coordination and Operations
For necessary expenses of the Office of Screening
Coordination and Operations, $4,000,000.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary
for Management, as authorized by sections 701-705 of the
Homeland Security Act of 2002 (6 U.S.C. 341-345), $168,835,000:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses: Provided further, That
of the total amount provided, $26,070,000 shall remain
available until expended solely for the alteration and
improvement of facilities, tenant improvements, and relocation
costs to consolidate Department headquarters operations.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security
Act of 2002 (6 U.S.C. 113), $19,405,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, as authorized by section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $297,229,000; of which $75,756,000
shall be available for salaries and expenses; and of which
$221,473,000 shall be available for development and acquisition
of information technology equipment, software, services, and
related activities for the Department of Homeland Security, and
for the costs of conversion to narrowband communications,
including the cost for operation of the land mobile radio
legacy systems, to remain available until expended: Provided,
That none of the funds appropriated shall be used to support or
supplement the appropriations provided for the United States
Visitor and Immigrant Status Indicator Technology project or
the Automated Commercial Environment: Provided further, That
the Chief Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
not more than 60 days from the date of enactment of this Act,
an expenditure plan for all information technology projects
that: (1) are funded by the ``Office of the Chief Information
Officer'', or (2) are funded by multiple components of the
Department of Homeland Security through reimbursable
agreements: Provided further, That such expenditure plan shall
include each specific project funded, key milestones, all
funding sources for each project, details of annual and
lifecycle costs, and projected cost savings or cost avoidance
to be achieved by the project: Provided further, That the Chief
Information Officer shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
not more than 180 days from the date of enactment of this Act,
a report that has been approved by the Office of Management and
Budget and reviewed by the Government Accountability Office
that includes: (1) an enterprise architecture, (2) an
Information Technology Human Capital Plan, (3) a capital
investment plan for implementing the enterprise architecture,
and (4) a description of the information technology capital
planning and investment control process.
Analysis and Operations
For necessary expenses for information analysis and
operations coordination activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. et seq.),
$255,495,000, to remain available until September 30, 2007.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $83,017,000, of which not to exceed
$100,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
United States Visitor and Immigrant Status Indicator Technology
For necessary expenses for the development of the United
States Visitor and Immigrant Status Indicator Technology
project, as authorized by section 110 of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996
(8 U.S.C. 1221 note), $340,000,000, to remain available until
expended: Provided, That of the total amount made available
under this heading, $159,658,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator Technology
project until the Committees on Appropriations of the Senate
and the House of Representatives receive and approve a plan for
expenditure prepared by the Secretary of Homeland Security
that:
(1) meets the capital planning and investment
control review requirements established by the Office
of Management and Budget, including Circular A-11, part
7;
(2) complies with the Department of Homeland
Security information systems enterprise architecture;
(3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition
management practices of the Federal Government;
(4) includes a certification by the Chief
Information Officer of the Department of Homeland
Security that an independent verification and
validation agent is currently under contract for the
project;
(5) is reviewed and approved by the Department of
Homeland Security Investment ReviewBoard, the Secretary
of Homeland Security, and the Office of Management and Budget; and
(6) is reviewed by the Government Accountability
Office.
Customs and Border Protection
SALARIES AND EXPENSES
For necessary expenses for enforcement of laws relating to
border security, immigration, customs, and agricultural
inspections and regulatory activities related to plant and
animal imports; acquisition, lease, maintenance and operation
of aircraft; purchase and lease of up to 4,500 (3,935 for
replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $4,826,323,000; of
which $3,000,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
not to exceed $45,000 shall be for official reception and
representation expenses; of which not less than $163,560,000
shall be for Air and Marine Operations; of which such sums as
become available in the Customs User Fee Account, except sums
subject to section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall
be derived from that account; of which not to exceed $150,000
shall be available for payment for rental space in connection
with preclearance operations; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of
Homeland Security: Provided, That for fiscal year 2006, the
overtime limitation prescribed in section 5(c)(1) of the Act of
February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
notwithstanding any other provision of law, none of the funds
appropriated by this Act may be available to compensate any
employee of United States Customs and Border Protection for
overtime, from whatever source, in an amount that exceeds such
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration
emergencies: Provided further, That of the total amount
provided, $10,000,000 may not be obligated until the Secretary
submits to the Committees on Appropriations of the Senate and
the House of Representatives all required reports related to
air and marine operations: Provided further, That no funds
shall be available for the site acquisition, design, or
construction of any Border Patrol checkpoint in the Tucson
sector: Provided further, That the Border Patrol shall relocate
its checkpoints in the Tucson sector at least once every seven
days in a manner designed to prevent persons subject to
inspection from predicting the location of any such checkpoint.
AUTOMATION MODERNIZATION
For expenses for customs and border protection automated
systems, $456,000,000, to remain available until expended, of
which not less than $320,000,000 shall be for the development
of the Automated Commercial Environment: Provided, That none of
the funds made available under this heading may be obligated
for the Automated Commercial Environment until the Committees
on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure
prepared by the Secretary of Homeland Security that:
(1) meets the capital planning and investment
control review requirements established by the Office
of Management and Budget, including Circular A-11, part
7;
(2) complies with the Department of Homeland
Security information systems enterprise architecture;
(3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition
management practices of the Federal Government;
(4) includes a certification by the Chief
Information Officer of the Department of Homeland
Security that an independent verification and
validation agent is currently under contract for the
project;
(5) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of
Management and Budget; and
(6) is reviewed by the Government Accountability
Office.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial
vehicles, and other related equipment of the air and marine
program, including operational training and mission-related
travel, and rental payments for facilities occupied by the air
or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of
narcotics and other goods; the provision of support to Federal,
State, and local agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; and at
the discretion of the Secretary of Homeland Security, the
provision of assistance to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts,
$400,231,000, to remain available until expended: Provided,
That no aircraft or other related equipment, with the exception
of aircraft that are one of a kind and have been identified as
excess to United States Customs and Border Protection
requirements and aircraft that have been damaged beyond repair,
shall be transferred to any other Federal agency, department,
or office outside of the Department of Homeland Security during
fiscal year 2006 without the prior approval of the Committees
on Appropriations of the Senate and the House of
Representatives.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $270,000,000, to remain available until
expended: Provided, That of the total amount provided under
this heading, $35,000,000 shall be available for the San Diego
sector fence; $35,000,000 shall be available for Tucson sector
tactical infrastructure; and $26,000,000 shall be available for
the Advanced Training Center.
Immigration and Customs Enforcement
SALARIES AND EXPENSES
For necessary expenses for enforcement of immigration and
customs laws, detention and removals, and investigations; and
purchase and lease of up to 2,740 (2,000 for replacement only)
police-type vehicles; $3,108,499,000, of which not to exceed
$7,500,000 shall be available until expended for conducting
special operations pursuant to section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
exceed $15,000 shall be for official reception and
representation expenses; of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of
Homeland Security; of which not less than $102,000 shall be for
promotion of public awareness of the child pornography tipline;
of which not less than $203,000 shall be for Project Alert; of
which not less than $5,000,000 may be used to facilitate
agreements consistent with section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)); and of which not to
exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds made available under this
heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that
the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national
security purposes and in cases of immigration emergencies:
Provided further, That of the total amount provided,
$15,770,000 shall be for activities to enforce laws against
forced child labor in fiscal year 2006, of which not to exceed
$6,000,000 shall remain available until expended: Provided
further, That of the amounts appropriated, $5,000,000 shall not
be available for obligation until the Secretary of Homeland
Security submits to the Committees on Appropriations of the
Senate and the House of Representatives a national detention
management plan, including the use of regional detention
contracts and alternatives to detention.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to
this account, not to exceed $487,000,000, shall be available
until expended for necessary expenses related to the protection
of federally-owned and leased buildings and for the operations
of the Federal Protective Service.
AUTOMATION MODERNIZATION
For expenses of immigration and customs enforcement
automated systems, $40,150,000, to remain available until
expended: Provided, That none of the funds made available under
this heading may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve a plan for expenditure prepared by the
Secretary of Homeland Security that:
(1) meets the capital planning and investment
control review requirements established by the Office
of Management and Budget, including Circular A-11, part
7;
(2) complies with the Department of Homeland
Security information systems enterprise architecture;
(3) complies with the acquisition rules,
requirements, guidelines, and systems acquisition
management practices of the Federal Government;
(4) includes a certification by the Chief
Information Officer of the Department of Homeland
Security that an independent verification and
validation agent is currently under contract for the
project;
(5) is reviewed and approved by the Department of
Homeland Security Investment Review Board, the
Secretary of Homeland Security, and the Office of
Management and Budget; and
(6) is reviewed by the Government Accountability
Office.
CONSTRUCTION
For necessary expenses to plan, construct, renovate, equip,
and maintain buildings and facilities necessary for the
administration and enforcement of the laws relating to customs
and immigration, $26,546,000, to remain available until
expended.
Transportation Security Administration
AVIATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security
services pursuant to the Aviation and Transportation Security
Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$4,607,386,000, to remain available until September 30, 2007,
of which not to exceed $3,000 shall be for official reception
and representation expenses: Provided, That of the total amount
made available under this heading, not to exceed $3,605,438,000
shall be for screening operations, of which $175,000,000 shall
be available only for procurement of checked baggage explosive
detection systems and $45,000,000 shall be available only for
installation of checked baggage explosive detection systems;
and not to exceed $1,001,948,000 shall be for aviation security
direction and enforcement presence: Provided further, That
security service fees authorized under section 44940 of title
49, United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for
aviation security: Provided further, That the sum herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2006, so as to result in a final
fiscal year appropriation from the General Fund estimated at
not more than $2,617,386,000: Provided further, That any
security service fees collected in excess of the amount made
available under this heading shall become available during
fiscal year 2007: Provided further, That notwithstanding
section 44923 of title 49, United States Code, the share of the
cost of the Federal Government for a project under any letter
of intent shall be 75 percent for any medium or large hub
airport and 90 percent for any other airport, and all funding
provided by section 44923(h) of title 49 United States Code, or
from appropriations authorized under section 44923(i)(1) of
title 49 United States Code, may be distributed in any manner
deemed necessary to ensure aviation security and to fulfill the
Government's planned cost share under existing letters of
intent: Provided further, That heads of Federal agencies and
commissions shall not be exempt from Federal passenger and
baggage screening: Provided further, That reimbursement for
security services and related equipment and supplies provided
in support of general aviation access to the Ronald Reagan
Washington National Airport shall be credited to this
appropriation and shall be available until expended solely for
these purposes: Provided further, That none of the funds in
this Act shall be used to recruit or hire personnel into the
Transportation Security Administration which would cause the
agency to exceed a staffing level of 45,000 full-time
equivalent screeners.
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Security
Administration related to providing surface transportation
security activities, $36,000,000, to remain available until
September 30, 2007.
TRANSPORTATION VETTING AND CREDENTIALING
For necessary expenses for the development and
implementation of screening programs of the Office of
Transportation Vetting and Credentialing, $74,996,000, to
remain available until September 30, 2007.
TRANSPORTATION SECURITY SUPPORT
For necessary expenses of the Transportation Security
Administration related to providing transportation security
support and intelligence pursuant to the Aviation and
Transportation Security Act (Public Law 107-71; 115 Stat. 597;
49 U.S.C. 40101 note), $510,483,000, to remain available until
September 30, 2007: Provided, That of the funds appropriated
under this heading,$5,000,000 may not be obligated until the
Secretary submits to the Committees on Appropriations of the Senate and
the House of Representatives: (1) a plan for optimally deploying
explosive detection equipment, either in-line or to replace explosive
trace detection machines, at the Nation's airports on a priority basis
to enhance security, reduce Transportation Security Administration
staffing requirements, and reduce long-term costs; and (2) a detailed
expenditure plan for explosive detection systems procurement and
installations on an airport-by-airport basis for fiscal year 2006:
Provided further, That these plans shall be submitted no later than 60
days from the date of enactment of this Act.
FEDERAL AIR MARSHALS
For necessary expenses of the Federal Air Marshals,
$686,200,000.
United States Coast Guard
OPERATING EXPENSES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for the operation and maintenance of
the United States Coast Guard not otherwise provided for;
purchase or lease of not to exceed 25 passenger motor vehicles,
which shall be for replacement only; payments pursuant to
section 156 of Public Law 97-377 (42 U.S.C. 402 note); and
recreation and welfare; $5,492,331,000, of which $1,200,000,000
shall be for defense-related activities; of which $24,500,000
shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not
to exceed $3,000 shall be for official reception and
representation expenses: Provided, That none of the funds made
available by this or any other Act shall be available for
administrative expenses in connection with shipping
commissioners in the United States: Provided further, That none
of the funds made available by this Act shall be for expenses
incurred for yacht documentation under section 12109 of title
46, United States Code, except to the extent fees are collected
from yacht owners and credited to this appropriation.
In addition, of the funds appropriated under this heading
in Public Law 108-11 (117 Stat. 583), $15,103,569 are
rescinded.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental
compliance and restoration functions of the United States Coast
Guard under chapter 19 of title 14, United States Code,
$12,000,000, to remain available until expended.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve, as
authorized by law; operations and maintenance of the reserve
program; personnel and training costs; and equipment and
services; $119,000,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction,
renovation, and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment related
thereto; and maintenance, rehabilitation, lease and operation
of facilities and equipment, as authorized by law;
$1,141,800,000, of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $18,500,000 shall be available until
September 30, 2010, to acquire, repair, renovate, or improve
vessels, small boats, and related equipment; of which
$20,000,000 shall be available until September 30, 2010, to
increase aviation capability; of which $65,000,000 shall be
available until September 30, 2008, for other equipment; of
which $31,700,000 shall be available until September 30, 2008,
for shore facilities and aids to navigation facilities; of
which $73,500,000 shall be available for personnel compensation
and benefits and related costs; and of which $933,100,000 shall
be available until September 30, 2010, for the Integrated
Deepwater Systems program: Provided, That the Commandant of the
Coast Guard is authorized to dispose of surplus real property,
by sale or lease, and the proceeds shall be credited to this
appropriation as offsetting collections and shall be available
until September 30, 2008: Provided further, That the Secretary
of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives,
in conjunction with the President's fiscal year 2007 budget, a
review of the Revised Deepwater Implementation Plan that
identifies any changes to the plan for the fiscal year; an
annual performance comparison of Deepwater assets to pre-
Deepwater legacy assets; a status report of legacy assets; a
detailed explanation of how the costs of legacy assets are
being accounted for within the Deepwater program; an
explanation of why many assets that are elements of the
Integrated Deepwater System are not accounted for within the
Deepwater appropriation under this heading; a description of
the competitive process conducted in all contracts and
subcontracts exceeding $5,000,000 within the Deepwater program;
a description of how the Coast Guard is planning for the human
resource needs of Deepwater assets; and the earned value
management system gold card data for each Deepwater asset:
Provided further, That the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a comprehensive review of the Revised Deepwater
Implementation Plan every five years, beginning in fiscal year
2011, that includes a complete projection of the acquisition
costs and schedule for the duration of the plan through fiscal
year 2027: Provided further, That the Secretary shall annually
submit to the Committees on Appropriations of the Senate and
the House of Representatives, at the time that the President's
budget is submitted under section 1105(a) of title 31, a
future-years capital investment plan for the Coast Guard that
identifies for each capital budget line item--
(1) the proposed appropriation included in that
budget;
(2) the total estimated cost of completion;
(3) projected funding levels for each fiscal year
for the next five fiscal years or until project
completion, whichever is earlier;
(4) an estimated completion date at the projected
funding levels; and
(5) changes, if any, in the total estimated cost of
completion or estimated completion date from previous
future-years capital investment plans submitted to the
Committees on Appropriations of the Senate and the
House of Representatives:
Provided further, That the Secretary shall ensure that amounts
specified in the future-years capital investment plan are
consistent to the maximum extent practicablewith proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as submitted
under section 1105(a) of title 31 for that fiscal year: Provided
further, That any inconsistencies between the capital investment plan
and proposed appropriations shall be identified and justified.
ALTERATION OF BRIDGES
For necessary expenses for alteration or removal of
obstructive bridges, as authorized by section 6 of the Truman-
Hobbs Act (33 U.S.C. 516), $15,000,000, to remain available
until expended.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment; as authorized by law; $17,750,000, to remain
available until expended, of which $2,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)): Provided, That there may be credited to
and used for the purposes of this appropriation funds received
from State and local governments, other public authorities,
private sources, and foreign countries for expenses incurred
for research, development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
concurrent receipts and combat-related special compensation
under the National Defense Authorization Act, and payments for
medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,014,080,000.
United States Secret Service
SALARIES AND EXPENSES
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 614 vehicles for police-
type use, which shall be for replacement only, and hire of
passenger motor vehicles; purchase of American-made
motorcycles; hire of aircraft; services of expert witnesses at
such rates as may be determined by the Director of the Secret
Service; rental of buildings in the District of Columbia, and
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control, as may be necessary to perform protective functions;
payment of per diem or subsistence allowances to employees
where a protective assignment during the actual day or days of
the visit of a protectee requires an employee to work 16 hours
per day or to remain overnight at a post of duty; conduct of
and participation in firearms matches; presentation of awards;
travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if approval is obtained in advance from the
Committees on Appropriations of the Senate and the House of
Representatives; research and development; grants to conduct
behavioral research in support of protective research and
operations; and payment in advance for commercial
accommodations as may be necessary to perform protective
functions; $1,208,310,000, of which not to exceed $25,000 shall
be for official reception and representation expenses; of which
not to exceed $100,000 shall be to provide technical assistance
and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,389,000 shall be for
forensic and related support of investigations of missing and
exploited children; and of which $5,500,000 shall be a grant
for activities related to the investigations of missing and
exploited children and shall remain available until expended:
Provided, That up to $18,000,000 provided for protective travel
shall remain available until September 30, 2007: Provided
further, That of the total amount appropriated, not less than
$2,500,000 shall be available solely for the unanticipated
costs related to security operations for National Special
Security Events, to remain available until September 30, 2007:
Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements
from Federal agencies and entities, as defined in section 105
of title 5, United States Code, receiving training sponsored by
the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed
total budgetary resources available under this heading at the
end of the fiscal year.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For necessary expenses for acquisition, construction,
repair, alteration, and improvement of facilities, $3,699,000,
to remain available until expended.
TITLE III--PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
For salaries and expenses of the Office of the Under
Secretary for Preparedness, the Office of the Chief Medical
Officer, and the Office of National Capital Region
Coordination, $16,079,000: Provided, That not to exceed $7,000
shall be for official reception and representation expenses.
Office for Domestic Preparedness
SALARIES AND EXPENSES
For necessary expenses for the Office for Domestic
Preparedness, $5,000,000.
STATE AND LOCAL PROGRAMS
For grants, contracts, cooperative agreements, and other
activities, including grants to State and local governments for
terrorism prevention activities, notwithstanding any other
provision of law, $2,501,300,000, which shall be allocated as
follows:
(1) $550,000,000 for formula-based grants and
$400,000,000 for law enforcement terrorism prevention
grants pursuant to section 1014 of the USA PATRIOT ACT
(42 U.S.C. 3714): Provided, That the application for
grants shall be made available to States within 45 days
from the date of enactment of this Act; that States
shall submit applications within 90 days after the
grant announcement; and that the Office for Domestic
Preparedness shall act within 90 days after receipt of
an application: Provided further, That no less than 80
percent of any grant under this paragraph to a State
shall be made available by the State to local
governments within 60 days after the receipt of the
funds.
(2) $1,155,000,000 for discretionary grants, as
determined by the Secretary of Homeland Security, of
which--
(A) $765,000,000 shall be for use in high-
threat, high-density urban areas: Provided,
That $25,000,000 shall be available until
expended for assistance to organizations (as
described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from
tax section 501(a) of such Code) determined by
the Secretary to be at high-risk of
international terrorist attack, and that these
determinations shall not be delegated to any
Federal, State, or local government official:
Provided further, That the Secretary shall
certify to the Committees on Appropriations of
the Senate and the House of Representatives the
threat to each designated tax exempt grantee at
least 3 full business days in advance of the
announcement of any grant award;
(B) $175,000,000 shall be for port security
grants pursuant to the purposes of 46 United
States Code 70107(a) through (h), which shall
be awarded based on risk and threat
notwithstanding subsection (a), for eligible
costs as defined in subsections (b)(2)-(4);
(C) $5,000,000 shall be for trucking
industry security grants;
(D) $10,000,000 shall be for intercity bus
security grants;
(E) $150,000,000 shall be for intercity
passenger rail transportation (as defined in
section 24102 of title 49, United States Code),
freight rail, and transit security grants; and
(F) $50,000,000 shall be for buffer zone
protection grants:
Provided, That for grants under subparagraph (A), the
application for grants shall be made available to
States within 45 days from the date of enactment of
this Act; that States shall submit applications within
90 days after the grant announcement; and that the
Office for Domestic Preparedness shall act within 90
days after receipt of an application: Provided further,
That no less than 80 percent of any grant under this
paragraph to a State shall be made available by the
State to local governments within 60 days after the
receipt of the funds.
(3) $50,000,000 shall be available for the
Commercial Equipment Direct Assistance Program.
(4) $346,300,000 for training, exercises, technical
assistance, and other programs:
Provided, That none of the grants provided under this heading
shall be used for the construction or renovation of facilities,
except for a minor perimeter security project, not to exceed
$1,000,000, as determined necessary by the Secretary of
Homeland Security: Provided further, That the proceeding
proviso shall not apply to grants under subparagraphs (B), (E),
and (F) of paragraph (2) of this heading: Provided further,
That grantees shall provide additional reports on their use of
funds, as determined necessary by the Secretary of Homeland
Security: Provided further, That funds appropriated for law
enforcement terrorism prevention grants under paragraph (1) and
discretionary grants under paragraph (2)(A) of this heading
shall be available for operational costs, to include personnel
overtime and overtime associated with Office for Domestic
Preparedness certified training, as needed: Provided further,
That in accordance with the Department's implementation plan
for Homeland Security Presidential Directive 8, the Office for
Domestic Preparedness shall issue the final National
Preparedness Goal no later than December 31, 2005; and no funds
provided under paragraphs (1) and (2)(A) shall be awarded to
States that have not submitted to the Office for Domestic
Preparedness an updated State homeland strategy based on the
interim National Preparedness Goal, dated March 31, 2005:
Provided further, That the Government Accountability Office
shall review the validity of the threat and risk factors used
by the Secretary for the purposes of allocating discretionary
grants funded under this heading, and the application of those
factors in the allocation of funds, and report to the
Committees on Appropriations of the Senate and the House of
Representatives on the findings of its review by November 17,
2005: Provided further, That within seven days from the date of
enactment of this Act, the Secretary shall provide the
Government Accountability Office with the threat and risk
methodology and factors that will be used to allocate
discretionary grants funded under this heading.
FIREFIGHTER ASSISTANCE GRANTS
For necessary expenses for programs authorized by the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.), $655,000,000, of which $545,000,000 shall be
available to carry out section 33 (15 U.S.C. 2229) and
$110,000,000 shall be available to carry out section 34 (15
U.S.C. 2229a) of such Act, to remain available until September
30, 2007: Provided, That not to exceed 5 percent of this amount
shall be available for program administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
For necessary expenses for emergency management performance
grants, as authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
$185,000,000: Provided, That total administrative costs shall
not exceed 3 percent of the total appropriation.
Radiological Emergency Preparedness Program
The aggregate charges assessed during fiscal year 2006, as
authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less
than 100 percent of the amounts anticipated by the Department
of Homeland Security necessary for its radiological emergency
preparedness program for the next fiscal year: Provided, That
the methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such
fees: Provided further, That fees received under this heading
shall be deposited in this account as offsetting collections
and will become available for authorized purposes on October 1,
2006, and remain available until expended.
United States Fire Administration and Training
For necessary expenses of the United States Fire
Administration and for other purposes, as authorized by 15
U.S.C. 2201 et seq. and 6 U.S.C. 101 et seq., $44,948,000.
Infrastructure Protection and Information Security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by
title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et
seq.), $625,499,000, of which $542,157,000 shall remain
available until September 30, 2007.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Secretary of
Homeland Security, to reimburse any Federal agency for the
costs of providing support to counter, investigate, or respond
to unexpected threats or acts of terrorism, including payment
of rewards in connection with these activities, $2,000,000, to
remain available until expended: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and
the House of Representatives 15 days prior to the obligationof
any amount of these funds in accordance with section 503 of this Act.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Administrative and Regional Operations
For necessary expenses for administrative and regional
operations, $221,240,000, including activities authorized by
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of
1947 (50 U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5
U.S.C. App.), and the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.): Provided, That not to exceed $3,000 shall be for
official reception and representation expenses.
Preparedness, Mitigation, Response, and Recovery
For necessary expenses for preparedness, mitigation,
response, and recovery activities, $204,058,000, including
activities authorized by the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.), the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.), the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.): Provided, That of the total amount
made available under this heading, $20,000,000 shall be for
Urban Search and Rescue Teams, of which not to exceed
$1,600,000 may be made available for administrative costs.
Public Health Programs
For necessary expenses for countering potential biological,
disease, and chemical threats to civilian populations,
$34,000,000.
Disaster Relief
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $1,770,000,000, to remain available until
expended.
Disaster Assistance Direct Loan Program Account
For administrative expenses to carry out the direct loan
program, as authorized by section 319 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162),
$567,000: Provided, That gross obligations for the principal
amount of direct loans shall not exceed $25,000,000: Provided
further, That the cost of modifying such loans shall be as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a).
Flood Map Modernization Fund
For necessary expenses pursuant to section 1360 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4101),
$200,000,000, and such additional sums as may be provided by
State and local governments or other political subdivisions for
cost-shared mapping activities under section 1360(f)(2) of such
Act, to remain available until expended: Provided, That total
administrative costs shall not exceed 3 percent of the total
appropriation.
National Flood Insurance Fund
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), not to exceed $36,496,000 for
salaries and expenses associated with flood mitigation and
flood insurance operations; not to exceed $40,000,000 for
financial assistance under section 1361A of such Act to States
and communities for taking actions under such section with
respect to severe repetitive loss properties, to remain
available until expended; not to exceed $10,000,000 for
mitigation actions under section 1323 of such Act; and not to
exceed $99,358,000 for flood hazard mitigation, to remain
available until September 30, 2007, including up to $40,000,000
for expenses under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), which amount shall be available
for transfer to the National Flood Mitigation Fund until
September 30, 2007, and which amount shall be derived from
offsetting collections assessed and collected pursuant to
section 1307 of that Act (42 U.S.C. 4014), and shall be
retained and used for necessary expenses under this heading:
Provided, That in fiscal year 2006, no funds in excess of: (1)
$55,000,000 for operating expenses; (2) $660,148,000 for
commissions and taxes of agents; and (3) $30,000,000 for
interest on Treasury borrowings shall be available from the
National Flood Insurance Fund.
National Flood Mitigation Fund
Notwithstanding subparagraphs (B) and (C) of subsection
(b)(3), and subsection (f), of section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c), $40,000,000, to
remain available until September 30, 2007, for activities
designed to reduce the risk of flood damage to structures
pursuant to such Act, of which $40,000,000 shall be derived
from the National Flood Insurance Fund.
National Predisaster Mitigation Fund
For a predisaster mitigation grant program under title II
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.), $50,000,000, to remain
available until expended: Provided, That grants made for
predisaster mitigation shall be awarded on a competitive basis
subject to the criteria in section 203(g) of such Act (42
U.S.C. 5133(g)), and notwithstanding section 203(f) of such
Act, shall be made without reference to State allocations,
quotas, or other formula-based allocation of funds: Provided
further, That total administrative costs shall not exceed 3
percent of the total appropriation.
Emergency Food and Shelter
To carry out an emergency food and shelter program pursuant
to title III of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11331 et seq.), $153,000,000, to remain available
until expended: Provided, That total administrative costs shall
not exceed 3.5 percent of the total appropriation.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration
services, $115,000,000: Provided, That the Director of United
States Citizenship and Immigration Services shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on its information technology
transformation efforts and how these efforts align with the
enterprise architecture standards of the Department of Homeland
Security within 90 days from the date of enactment of this Act.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $194,000,000, of
which up to $42,119,000 for materials and support costs of
Federal law enforcement basic training shall remain available
until September 30, 2007; and of which not to exceed $12,000
shall be for official reception and representation expenses:
Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law
Enforcement Training Center, $88,358,000, to remain available
until expended: Provided, That the Center is authorized to
accept reimbursement to this appropriation from government
agencies requesting the construction of special use facilities.
Science and Technology
MANAGEMENT AND ADMINISTRATION
For salaries and expenses of the Office of the Under
Secretary for Science and Technology and for management and
administration of programs and activities, as authorized by
title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), $81,099,000: Provided, That not to exceed $3,000 shall
be for official reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
For necessary expenses for science and technology research,
including advanced research projects; development; test and
evaluation; acquisition; and operations; as authorized by title
III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.); $1,420,997,000, to remain available until expended:
Provided, That of the total amount provided under this heading,
$23,000,000 is available to select a site for the National Bio
and Agrodefense Facility and perform other pre-construction
activities to establish research capabilities to protect animal
and public health from high consequence animal and zoonotic
diseases in support of Homeland Security Presidential
Directives 9 and 10: Provided further, That of the amount
provided under this heading, $318,014,000 shall be for
activities of the Domestic Nuclear Detection Office, of which
$125,000,000 shall be for the purchase and deployment of
radiation portal monitors for United States ports of entry and
of which no less than $81,000,000 shall be for radiological and
nuclear research and development activities: Provided further,
That excluding the funds made available under the preceding
proviso for radiation portal monitors, $144,760,500 of the
total amount made available under this heading for the Domestic
Nuclear Detection Office shall not be obligated until the
Committees on Appropriations of the Senate and the House of
Representatives receive and approve an expenditure plan for the
Domestic Nuclear Detection Office: Provided further, That the
expenditure plan shall include funding by program, project, and
activity for each of fiscal years 2006 through 2010 prepared by
the Secretary of Homeland Security that has been reviewed by
the Government Accountability Office.
TITLE V--GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this Act: Provided, That balances so transferred may be
merged with funds in the applicable established accounts and
thereafter may be accounted for as one fund for the same time
period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the agencies in or
transferred to the Department of Homeland Security that remain
available for obligation or expenditure in fiscal year 2006, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or
House of Representatives for a different purpose; or (5)
contracts out any functions or activities for which funds have
been appropriated for Federal full-time equivalent positions;
unless the Committees on Appropriations of the Senate and the
House of Representatives are notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2006, or provided
from any accounts in the Treasuryof the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for programs,
projects, or activities through a reprogramming of funds in excess of
$5,000,000 or 10 percent, whichever is less, that: (1) augments
existing programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by the Congress; or (3) results
from any general savings from a reduction in personnel that would
result in a change in existing programs, projects, or activities as
approved by the Congress; unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15 days in
advance of such reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Homeland Security by this Act or provided by previous
appropriations Acts may be transferred between such
appropriations, but no such appropriations, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under
this section shall be treated as a reprogramming of funds under
subsection (b) of this section and shall not be available for
obligation unless the Committees on Appropriations of the
Senate and the House of Representatives are notified 15 days in
advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this
section, no funds shall be reprogrammed within or transferred
between appropriations after June 30, except in extraordinary
circumstances which imminently threaten the safety of human
life or the protection of property.
(e) Hereafter, notwithstanding any other provision of law,
notifications pursuant to this section or any other authority
for reprogramming or transfer of funds shall be made solely to
the Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 504. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to
make payments to the ``Department of Homeland Security Working
Capital Fund'', except for the activities and amounts allowed
in section 6024 of Public Law 109-13, excluding the Homeland
Secure Data Network: Provided, That any additional activities
and amounts must be approved by the Committees on
Appropriations of the Senate and the House of Representatives
30 days in advance of obligation.
Sec. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2006 from appropriations
for salaries and expenses for fiscal year 2006 in this Act
shall remain available through September 30, 2007, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such funds,
a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2006 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2006.
Sec. 507. The Federal Law Enforcement Training Center shall
lead the Federal law enforcement training accreditation
process, to include representatives from the Federal law
enforcement community and non-Federal accreditation experts
involved in law enforcement training, to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 508. None of the funds in this Act may be used to make
a grant allocation, discretionary grant award, discretionary
contract award, or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention to
make such an award, unless the Secretary of Homeland Security
notifies the Committees on Appropriations of the Senate and the
House of Representatives at least 3 full business days in
advance: Provided, That no notification shall involve funds
that are not available for obligation.
Sec. 509. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 510. The Director of the Federal Law Enforcement
Training Center shall schedule basic and/or advanced law
enforcement training at all four training facilities under the
control of the Federal Law Enforcement Training Center to
ensure that these training centers are operated at the highest
capacity throughout the fiscal year.
Sec. 511. None of the funds appropriated or otherwise made
available by this Act may be used for expenses of any
construction, repair, alteration, or acquisition project for
which a prospectus, if required by the Public Buildings Act of
1959 (40 U.S.C. 3301), has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 512. None of the funds in this Act may be used in
contravention of the applicable provisions of the Buy American
Act (41 U.S.C. 10a et seq.).
Sec. 513. The Secretary of Homeland Security shall take all
actions necessary to ensure that the Department of Homeland
Security is in compliance with the second proviso of section
513 of Public Law 108-334 and shallreport to the Committees on
Appropriations of the Senate and House of Representatives biweekly
beginning on October 1, 2005, on any reasons for non-compliance:
Provided, That, furthermore, the Secretary shall take all possible
actions, including the procurement of certified systems to inspect and
screen air cargo on passenger aircraft, to increase the level of air
cargo inspected beyond that mandated in section 513 of Public Law 108-
334 and shall report to the Committees on Appropriations of the Senate
and the House of Representatives every six months on the actions taken
and the percentage of air cargo inspected at each airport.
Sec. 514. Notwithstanding section 3302 of title 31, United
States Code, for fiscal year 2006 and thereafter, the
Administrator of the Transportation Security Administration may
impose a reasonable charge for the lease of real and personal
property to Transportation Security Administration employees
and for use by Transportation Security Administration employees
and may credit amounts received to the appropriation or fund
initially charged for operating and maintaining the property,
which amounts shall be available, without fiscal year
limitation, for expenditure for property management, operation,
protection, construction, repair, alteration, and related
activities.
Sec. 515. For fiscal year 2006 and thereafter, the
acquisition management system of the Transportation Security
Administration shall apply to the acquisition of services, as
well as equipment, supplies, and materials.
Sec. 516. Notwithstanding any other provision of law, the
authority of the Office of Personnel Management to conduct
personnel security and suitability background investigations,
update investigations, and periodic reinvestigations of
applicants for, or appointees in, positions in the Office of
the Secretary and Executive Management, the Office of the Under
Secretary for Management, Analysis and Operations, Immigration
and Customs Enforcement, Directorate for Preparedness, and the
Directorate of Science and Technology of the Department of
Homeland Security is transferred to the Department of Homeland
Security: Provided, That on request of the Department of
Homeland Security, the Office of Personnel Management shall
cooperate with and assist the Department in any investigation
or reinvestigation under this section: Provided further, That
this section shall cease to be effective at such time as the
President has selected a single agency to conduct security
clearance investigations pursuant to section 3001(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 50 U.S.C. 435b) and the entity selected
under section 3001(b) of such Act has reported to Congress that
the agency selected pursuant to such section 3001(c) is capable
of conducting all necessary investigations in a timely manner
or has authorized the entities within the Department of
Homeland Security covered by this section to conduct their own
investigations pursuant to section 3001 of such Act.
Sec. 517. Hereafter, notwithstanding any other provision of
law, funds appropriated under paragraphs (1) and (2) of the
State and Local Programs heading under title III of this Act
are exempt from section 6503(a) of title 31, United States
Code.
Sec. 518. (a) None of the funds provided by this or
previous appropriations Acts may be obligated for deployment or
implementation, on other than a test basis, of the Secure
Flight program or any other follow on or successor passenger
prescreening programs, until the Secretary of Homeland Security
certifies, and the Government Accountability Office reports, to
the Committees on Appropriations of the Senate and the House of
Representatives, that all ten of the elements contained in
paragraphs (1) through (10) of section 522(a) of Public Law
108-334 (118 Stat. 1319) have been successfully met.
(b) The report required by subsection (a) shall be
submitted within 90 days after the certification required by
such subsection is provided, and periodically thereafter, if
necessary, until the Government Accountability Office confirms
that all ten elements have been successfully met.
(c) During the testing phase permitted by subsection (a),
no information gathered from passengers, foreign or domestic
air carriers, or reservation systems may be used to screen
aviation passengers, or delay or deny boarding to such
passengers, except in instances where passenger names are
matched to a Government watch list.
(d) None of the funds provided in this or previous
appropriations Acts may be utilized to develop or test
algorithms assigning risk to passengers whose names are not on
Government watch lists.
(e) None of the funds provided in this or previous
appropriations Acts may be utilized for data or a database that
is obtained from or remains under the control of a non-Federal
entity: Provided, That this restriction shall not apply to
Passenger Name Record data obtained from air carriers.
Sec. 519. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 520. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided as of
June 1, 2004, by employees (including employees serving on a
temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who
are known as of that date as Immigration Information Officers,
Contact Representatives, or Investigative Assistants.
Sec. 521. None of the funds appropriated by this Act shall
be available to maintain the United States Secret Service as
anything but a distinct entity within the Department of
Homeland Security and shall not be used to merge the United
States Secret Service with any other department function, cause
any personnel and operational elements of the United States
Secret Service to report to an individual other than the
Director of the United States Secret Service, or cause the
Director to report directly to any individual other than the
Secretary of Homeland Security.
Sec. 522. None of the funds appropriated to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of a
Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into an agreement to perform such service on a fully
reimbursable basis.
Sec. 523. The Department of Homeland Security processing
and data storage facilities at the John C. Stennis Space Center
shall hereafter be known as the ``National Center for Critical
Information Processing and Storage''.
Sec. 524. The Secretary, in consultation with industry
stakeholders, shall develop standards and protocols
forincreasing the use of explosive detection equipment to screen air
cargo when appropriate.
Sec. 525. The Transportation Security Administration (TSA)
shall utilize existing checked baggage explosive detection
equipment and screeners to screen cargo carried on passenger
aircraft to the greatest extent practicable at each airport:
Provided, That beginning with November 2005, TSA shall provide
a monthly report to the Committees on Appropriations of the
Senate and the House of Representatives detailing, by airport,
the amount of cargo carried on passenger aircraft that was
screened by TSA in August 2005 and each month thereafter.
Sec. 526. None of the funds available for obligation for
the transportation worker identification credential program
shall be used to develop a personalization system that is
decentralized or a card production capability that does not
utilize an existing government card production facility:
Provided, That no funding can be obligated for the next phase
of production until the Committees on Appropriations of the
Senate and the House of Representatives have been fully briefed
on the results of the prototype phase and agree that the
program should move forward.
Sec. 527. (a) From the unexpended balances of the United
States Coast Guard ``Acquisition, Construction, and
Improvements'' account specifically identified in the Joint
Explanatory Statement (House Report 108-10) accompanying Public
Law 108-7 for the 110-123 foot patrol boat upgrade, the Joint
Explanatory Statement (House Report 108-280) accompanying
Public Law 108-90 for the Fast Response Cutter/110-123 foot
patrol boat conversion, and in the Joint Explanatory Statement
(House Report 108-774) accompanying Public Law 108-334 for the
Integrated Deepwater System patrol boats 110-123 foot
conversion, $78,630,689 are rescinded.
(b) For necessary expenses of the United States Coast Guard
for ``Acquisition, Construction, and Improvements'', an
additional $78,630,689, to remain available until September 30,
2009, for the service life extension program of the current
110-foot Island Class patrol boat fleet and accelerated design
and production of the Fast Response Cutter.
Sec. 528. The Secretary of Homeland Security shall utilize
the Transportation Security Clearinghouse as the central
identity management system for the deployment and operation of
the registered traveler program and the transportation worker
identification credential program for the purposes of
collecting and aggregating biometric data necessary for
background vetting; providing all associated record-keeping,
customer service, and related functions; ensuring
interoperability between different airports and vendors; and
acting as a central activation, revocation, and transaction hub
for participating airports, ports, and other points of
presence.
Sec. 529. None of the funds made available in this Act may
be used by any person other than the privacy officer appointed
pursuant to section 222 of the Homeland Security Act of 2002 (6
U.S.C. 142) to alter, direct that changes be made to, delay, or
prohibit the transmission to Congress of any report prepared
pursuant to paragraph (5) of such section.
Sec. 530. No funding provided by this or previous
appropriation Acts shall be available to pay the salary of any
employee serving as a contracting officer's technical
representative (COTR) or anyone acting in a similar or like
capacity who has not received COTR training.
Sec. 531. Except as provided in section 44945 of title 49,
United States Code, funds appropriated or transferred to
Transportation Security Administration ``Aviation Security''
and ``Administration'' in fiscal years 2004 and 2005 that are
recovered or deobligated shall be available only for
procurement and installation of explosive detection systems for
air cargo, baggage, and checkpoint screening systems: Provided,
That these funds shall be subject to section 503 of this Act.
Sec. 532. Not later than 60 days from the date of the
enactment of this Act, the Secretary of Homeland Security shall
conduct a survey of all ports of entry in the United States and
designate an airport as a port of entry in each State that does
not have a port of entry.
Sec. 533. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall consider eligible under
the Federal Emergency Management Agency Public Assistance
Program the costs sufficient to enable the city to repair and
upgrade all damaged and undamaged elements of the Carnegie
Library in the City of Paso Robles, California, which was
damaged by the 2003 San Simeon earthquake, so that the library
is brought into conformance with all local code requirements
for new construction: Provided, That the appropriate Federal
share shall apply to approval for this project.
Sec. 534. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall consider eligible under
the Federal Emergency Management Agency Public Assistance
Program costs for the damage to canals and wooden flumes, which
was incurred during a 1996 storm and subsequent mudslide in El
Dorado County, California, to the El Dorado Irrigation
District, based on fifty percent of the costs of the Improved
Project for the Mill Creek to Bull Creek tunnel proposed in a
November 2001 Carleton Engineering Report: Provided, That the
appropriate Federal share shall apply to approval for this
project.
Sec. 535. Notwithstanding any other provision of law, the
Secretary of Homeland Security shall consider eligible under
the Federal Emergency Management Agency Public Assistance
Program the costs sufficient to enable replacement of research
and education materials and library collections and for other
non-covered losses at the University of Hawaii Manoa campus,
Hawaii, resulting from an October 30, 2004, flood event.
Sec. 536. Section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended
by striking ``the Internal Revenue Code of 1954 and agriculture
as defined in section 3(f) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(f)),'' and inserting ``the Internal Revenue
Code of 1986, agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), and the
pressing of apples for cider on a farm,''.
Sec. 537. Using funds made available in this Act, the
Secretary of Homeland Security shall provide that each office
within the Department that handles documents marked as
Sensitive Security Information (SSI) shall have at least one
employee in that office with authority tocoordinate and make
determinations on behalf of the agency that such documents meet the
criteria for marking as SSI: Provided, That not later than December 31,
2005, the Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives: (1) Department-wide
policies for designating, coordinating and marking documents as SSI;
(2) Department-wide auditing and accountability procedures for
documents designated and marked as SSI; (3) the total number of SSI
Coordinators within the Department; and (4) the total number of staff
authorized to designate SSI documents within the Department: Provided
further, That not later than January 31, 2006, the Secretary shall
provide to the Committees on Appropriations of the Senate and the House
of Representatives the title of all DHS documents that are designated
as SSI in their entirety during the period October 1, 2005, through
December 31, 2005: Provided further, That not later than January 31 of
each succeeding year, starting on January 31, 2007, the Secretary shall
provide annually a similar report to the Committees on Appropriations
of the Senate and the House of Representatives on the titles of all DHS
documents that are designated as SSI in their entirety during the
period of January 1 through December 31 for the preceding year:
Provided further, That the Secretary shall promulgate guidance that
includes common but extensive examples of SSI that further define the
individual categories of information cited under 49 CFR 1520(b)(1)
through (16) and eliminates judgment by covered persons in the
application of the SSI marking: Provided further, That such guidance
shall serve as the primary basis and authority for the marking of DHS
information as SSI by covered persons.
Sec. 538. For grants to States pursuant to section 204(a)
of the REAL ID Act of 2005 (Division B of Public Law 109-13),
$40,000,000, to remain available until expended: Provided, That
of the funds provided under this section, $34,000,000 may not
be obligated or allocated for grants until the Committees on
Appropriations of the Senate and the House of Representatives
receive and approve an implementation plan for the
responsibilities of the Department of Homeland Security under
the REAL ID Act of 2005 (Division B of Public Law 109-13),
including the proposed uses of the grant monies: Provided
further, That of the funds provided under this section, not
less than $6,000,000 shall be made available within 60 days
from the date of enactment of this Act to States for pilot
projects on integrating hardware, software, and information
management systems.
Sec. 539. For activities related to the Department of
Homeland Security Working Capital Fund, subsection (f) of
section 403 of Public Law 103-356 (31 U.S.C. 501 note), is
amended by striking ``October 1, 2005'' and inserting ``October
1, 2006''.
Sec. 540. For fiscal year 2006 and thereafter,
notwithstanding section 553 of title 5, United States Code, the
Secretary of Homeland Security shall impose a fee for any
registered traveler program undertaken by the Department of
Homeland Security by notice in the Federal Register, and may
modify the fee from time to time by notice in the Federal
Register: Provided, That such fees shall not exceed the
aggregate costs associated with the program and shall be
credited to the Transportation Security Administration
registered traveler fee account, to be available until
expended.
Sec. 541. A person who has completed a security awareness
training course approved by or operated under a cooperative
agreement with the Department of Homeland Security using funds
made available in fiscal year 2006 and thereafter or in any
prior appropriations Acts, who is enrolled in a program
recognized or acknowledged by an Information Sharing and
Analysis Center, and who reports a situation, activity or
incident pursuant to that program to an appropriate authority,
shall not be liable for damages in any action brought in a
Federal or State court which result from any act or omission
unless such person is guilty of gross negligence or willful
misconduct.
Sec. 542. Of the unobligated balances available in the
``Department of Homeland Security Working Capital Fund'',
$15,000,000 are rescinded.
Sec. 543. Of the unobligated balances from prior year
appropriations made available for Transportation Security
Administration ``Aviation Security'', $5,500,000 are rescinded.
Sec. 544. Of funds made available for the United States
Coast Guard in previous appropriations Acts, $6,369,118 are
rescinded, as follows: (1) $499,489 provided for ``Coast Guard,
Acquisition, Construction, and Improvements'' in Public Law
105-277; (2) $87,097 provided for ``Coast Guard, Operating
Expenses'' in Public Law 105-277; (3) $269,217 provided for
``Coast Guard, Acquisition, Construction, and Improvements'' in
Public Law 107-87; (4) $8,315 provided for ``Coast Guard,
Acquisition, Construction, and Improvements'' in Public Law
106-69; and (5) $5,505,000 for ``Coast Guard, Acquisition,
Construction, and Improvements'' in Public Law 108-90.
Sec. 545. Of the unobligated balances from prior year
appropriations made available for the ``Counterterrorism
Fund'', $8,000,000 are rescinded.
Sec. 546. Of the unobligated balances from prior year
appropriations made available for Science and Technology
``Research, Development, Acquisition, and Operations'',
$20,000,000 are rescinded.
Sec. 547. Security Screening Opt-Out Program. Section 44920
of title 49, United States Code, is amended by adding at the
end the following:
``(g) Operator of Airport.--Notwithstanding any other
provision of law, an operator of an airport shall not be liable
for any claims for damages filed in State or Federal court
(including a claim for compensatory, punitive, contributory, or
indemnity damages) relating to--
``(1) such airport operator's decision to submit an
application to the Secretary of Homeland Security under
subsection (a) or section 44919 or such airport
operator's decision not to submit an application; and
``(2) any act of negligence, gross negligence, or
intentional wrongdoing by--
``(A) a qualified private screening company
or any of its employees in any case in which
the qualified private screening company is
acting under a contract entered into with the
Secretary of Homeland Security or the
Secretary's designee; or
``(B) employees of the Federal Government
providing passenger and property security
screening services at the airport.
``(3) Nothing in this section shall relieve any
airport operator from liability for its own acts or
omissions related to its security responsibilities, nor
except as may be provided by the Support Anti-Terrorism
by Fostering Effective Technologies Act of 2002 shall
it relieve any qualified private screening company or
its employees from any liability related to its own
acts of negligence, gross negligence, or intentional
wrongdoing.''.
Sec. 548. The weekly report required by Public Law 109-62
detailing the allocation and obligation of funds for ``Disaster
Relief'' shall include: (1) detailed information on each
allocation, obligation, or expenditure that totals more than
$50,000,000, categorized by increments of not larger than
$50,000,000; (2) the amount of credit card purchases by agency
and mission assignment; (3) obligations, allocations, and
expenditures, categorized by agency, by State, and for New
Orleans, and by purpose and mission assignment; (4) status of
the Disaster Relief Fund; and (5) specific reasons for all
waivers granted and a description of each waiver: Provided,
That the detailed information required by paragraph (1) shall
include the purpose; whether the work will be performed by a
governmental agency or a contractor; and, if the work is to be
performed by a contractor, the name of the contractor, the type
of contract let, and whether the contract is sole-source, full
and open competition, or limited competition.
This Act may be cited as the ``Department of Homeland
Security Appropriations Act, 2006''.
And the Senate agree to the same.
Harold Rogers,
Zach Wamp,
Tom Latham,
Jo Ann Emerson,
John E. Sweeney,
Jim Kolbe,
Ernest J. Istook, Jr.,
Ray LaHood,
Ander Crenshaw,
John R. Carter,
Jerry Lewis,
Martin Olav Sabo,
David E. Price,
Jose E. Serrano,
Lucille Roybal-Allard,
Sanford D. Bishop,
Chet Edwards,
Managers on the Part of the House.
Judd Gregg,
Thad Cochran,
Ted Stevens,
Arlen Specter,
Pete Domenici,
Richard Shelby,
Larry Craig,
Robert F. Bennett,
Wayne Allard,
Robert C. Byrd,
Daniel K. Inouye,
Patrick J. Leahy,
Barbara A. Mikulski,
Herb Kohl,
Harry Reid,
Dianne Feinstein,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2360), making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2006, and for other purposes,
submit the following joint statement to the House and the
Senate in explanation of the effects of the action agreed upon
by the managers and recommended in the accompanying conference
report.
Senate Amendment. The Senate deleted the entire House
bill after the enacting clause and inserted the Senate bill.
The conference agreement includes a revised bill. Throughout
the accompanying explanatory statement, the managers refer to
the Committee and the Committees on Appropriations. Unless
otherwise noted, in both instances, the managers are referring
to the House Subcommittee on Homeland Security and the Senate
Subcommittee on Homeland Security.
The language and allocations contained in House Report
109-79 and Senate Report 109-83 should be complied with unless
specifically addressed to the contrary in the conference report
and statement of managers. The statement of managers, while
repeating some report language for emphasis, does not intend to
negate the language referred to above unless expressly provided
herein. In cases where both the House and Senate reports
address a particular issue not specifically addressed in the
conference report or joint statement of managers, the conferees
have determined that the House report and Senate report are not
inconsistent and are to be interpreted accordingly. In cases
where the House or Senate report directs the submission of a
report, such report is to be submitted to both Committees on
Appropriations. Further, in a number of instances, House Report
109-79 and Senate Report 109-83 direct agencies to report to
the Committees by specific dates. In those instances, and
unless alternative dates are provided in the accompanying
explanatory statement, agencies are directed to provide these
reports to the Committees on Appropriations no later than
February 10, 2006.
CLASSIFIED PROGRAMS
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this report.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
The conferees agree to provide $79,409,000 instead of
$113,139,000 as proposed by the House and $124,620,000 as
proposed by the Senate. Funding shall be allocated as follows:
Immediate Office of the Secretary..................... $2,393,000
Immediate Office of the Deputy Secretary.............. 1,132,000
Chief of Staff........................................ 4,103,000
Executive Secretary................................... 4,131,000
Office of Policy...................................... 20,713,000
Office of Public Affairs.............................. 8,312,000
Office of Legislative and Intergovernmental Affairs... 6,325,000
Office of General Counsel............................. 11,267,000
Office of Civil Rights and Liberties.................. 13,000,000
Citizenship and Immigration Services Ombudsman........ 3,652,000
Privacy Officer....................................... 4,381,000
-----------------
Total............................................. $79,409,000
DHS REORGANIZATION
Since March 2005, the Department of Homeland Security
(DHS) has been conducting an internal review of its policies,
operations and organizational structure, known as the ``Second
Stage Review''. On July 13, 2005, the Department announced a
major reorganization that reflects the findings of this review.
A budget amendment was submitted on July 21, 2005, requesting
the appropriations structure be modified for fiscal year 2006
to reflect this reorganization proposal. For the most part, the
conferees have complied with these requests. The conferees
concur with the Department's decision to abolish the Office of
the Under Secretary for Border and Transportation Security
(BTS); BTS functions have been merged into other offices and
component agencies throughout the Department. The conferees
have agreed to split the Directorate of Information Analysis
and Infrastructure Protection into two new components--Analysis
and Operations and the Preparedness Directorate--and move all
State and local grants and associated activities to the new
Preparedness Directorate. The conferees concur with the
Secretary's recommendation to transfer the Federal Air Marshals
to the Transportation Security Administration. Finally, the
conferees have included and expanded the roles and
responsibilities of the Office of Policy. A more detailed
discussion of this reorganization is contained under statement
of managers language for each impacted office.
NEW STAFF
The conferees agree to provide funding to support a total
of seven new full-time equivalents (FTEs) requested in the
budget, including one FTE in the Office of Policy to represent
the United States at the European Union, two FTEs in Office of
General Counsel, and four FTEs in the Privacy Office. The
conferees have approved additional new FTEs for the Office of
Security and the Office of National Capital Region Coordination
elsewhere in this statement of managers, reflecting changes
recommended as a result of the Secretary's organizational
restructuring plan submitted on July 13, 2005. The remaining
FTEs requested in the budget have been denied due to a large
number of unfilled positions in these individual offices.
Except for the Privacy Office and the representative to the
European Union, the conferees believe full-year funding is not
necessary for salaries of employees who are not yet on-board.
The conferees have provided half-year funding for new staff in
fiscal year 2006.
The conferees, in agreeing to the Secretary's
organizational restructuring plan submitted on July 13, 2005,
have moved additional staff from other agencies within the
Department to various offices within the Office of the
Secretary and Executive Management. These changes are discussed
separately in each office.
ANNUAL BUDGET JUSTIFICATIONS
For fiscal year 2007, the conferees direct that the
Congressional budget justifications for all departmental
offices be submitted in the same level of detail as the
detailed table contained in the back of this report and in the
accompanying classified annex. These justifications should
include detailed data and explanatory statements in support of
each appropriations request, including tables that detail each
departmental office program, project, and activity for fiscal
years 2006 and 2007. All funding and staffing changes for each
individual office must be highlighted and explained, including
separate discussions for personnel, compensation, and benefits;
travel; training; and other services. The classified budget
documents must be submitted at the same time as the
unclassified budget. The justifications must be in compliance
with section 1105(a) of title 31, including explicit
information by appropriations account program, project, and
activity on all reimbursable agreements and all uses of the
Economy Act for each fiscal year. The budget justifications
shall include a table identifying the last year that
authorizing legislation was provided by Congress for each
program, project, or activity; the amount of the authorization;
and the appropriation in the last year of authorization.
Finally, in accordance with section 6025 of Public Law 109-13,
the Department is required to submit a complete budget
justification for the Working Capital Fund.
Office of Policy
The conferees agree to provide $20,713,000 instead of
$8,770,000 as proposed by the House and $7,258,000 as proposed
by the Senate. The Secretary submitted a new organizational
restructuring plan on July 13, 2005, which included major
changes to the Office of Policy; the conference agreement
reflects these changes. The conferees include the activities of
the Special Assistant to the Secretary--Private Sector; Office
of Immigration Statistics; 18 FTEs from the Office of the Under
Secretary for BTS; and three FTEs from the Directorate of
Information Analysis and Infrastructure Protection. The
conferees have denied funding for the Operational Integration
staff as part of this office or any other entity within DHS.
STOLEN PASSPORTS
The conferees direct the Secretary to report on
Departmental actions to prevent and stop the use of stolen
passports, as directed in House Report 109-79, under the Office
of the Under Secretary for Border and Transportation Security.
Office of Security
Funding for the Office of Security is provided within the
Under Secretary for Management, as requested in the Secretary's
organizational restructuring plan submitted on July 13, 2005.
Office of National Capital Region Coordination
Funding for the Office of National Capital Region
Coordination is provided within the Preparedness Directorate,
Management and Administration account as requested in the
Secretary's organizational restructuring plan submitted on July
13, 2005.
Office of Legislative and Intergovernmental Affairs
The conferees agree to provide $6,325,000 instead of
$5,500,000 as proposed by the House and $5,400,000 as proposed
by the Senate. As proposed in the Secretary's organizational
restructuring plan submitted on July 13, 2005, six FTEs are
transferred from the Office of State and Local Government
Coordination and Preparedness, Management and Administration
account, to the Office of Legislative Affairs for
intergovernmental coordination activities. Within the funds
provided, $5,400,000 is for legislative affairs and $925,000 is
for intergovernmental operations.
OPERATIONAL INTEGRATION STAFF
The conferees agree to provide no funding for the
Operational Integration staff, as proposed by the Senate
instead of $7,495,000 as proposed by the House. The conferees
note the new Office of Policy will perform many of the proposed
activities of the Operational Integration staff. For those few
functions not adequately covered by the new Policy Office, the
conferees include three new FTEs within Analysis and
Operations. These additional staff shall be located within the
Homeland Security Operations Center to coordinate departmental
activities.
Office of the Privacy Officer
The conferees agree to provide $4,381,000 for the Office
of the Privacy Officer as proposed by the House instead of
$3,981,000 as proposed by the Senate. This funding will support
the hiring of four new FTEs. The conferees concur with House
report language requiring the Secretary to instruct all DHS
entities to respond to information and document requests from
the Privacy Officer within the requested time frame.
Office of Civil Rights and Civil Liberties
The conferees agree to provide $13,000,000 for the Office
of Civil Rights and Civil Liberties and direct this office to
hire ten additional staff to fulfill requirements of the
Intelligence Reform and Terrorism Prevention Act (Public Law
108-458), as discussed in the Senate report.
REPORTING REQUIREMENTS
While DHS has made progress in submitting reports to the
Committees on Appropriations, there are many that are still
overdue. DHS is to improve its responsiveness to Congress and
better monitor the status of reports requested in thisstatement
of managers and previous House and Senate reports. For reports that
cannot be issued by the due date, the conferees direct DHS to inform
the Committees in a timely manner, explain the reason for the delay,
and seek the concurrence of the Committees on a new issuance date.
IMMIGRATION ENFORCEMENT
Both the House and Senate reports highlighted the
alarming statistics regarding our Nation's broken immigration
system. In the context of threats facing our Nation, the
disturbing growth in our illegal alien population shows
immigration enforcement and border control are not succeeding.
The conferees agree with the Sense of the Senate proviso
expressed in section 519 of the Senate bill, which recognizes
the reality of terrorists taking advantage of inadequate
security along our border with Mexico, and the need for the
Government of Mexico to improve border and security policies on
its side of the border. The conferees include bill language
directing the Secretary to develop a comprehensive immigration
enforcement strategy that results in reducing the number of
undocumented aliens in the United States by ten percent per
year and direct that the strategy be in accordance with House
Report 109-79. The funding is not contingent on the submission
of this strategy to Congress as proposed by the House. Further,
the conferees direct the report on the internal transport of
illegal aliens requested in House Report 109-79 from the Under
Secretary of Border and Transportation Security be included in
the comprehensive immigration enforcement strategy report.
The conferees direct the Secretary to assume
responsibility for the joint report between DHS and the U.S.
Department of Justice on reducing absconders required by Senate
Report 109-83, and submit the report not later than February
10, 2006.
CARGO CONTAINER SECURITY
The report submitted by the Department on June 9, 2005,
was late and did not fully respond to directions of the
statement of managers accompanying the conference report (H.
Report 108-774) on the fiscal year 2005 Department of Homeland
Security Appropriations Act (P.L. 108-334). The Department is
directed to conduct the review again and submit a new report
that fully complies with those requirements as soon as
possible, but no later than February 10, 2006.
TRANSPORTATION SECURITY
In September 2005, the Department submitted its
integrated strategic transportation security plan. With the
recent events in London, it is even more critical the
Department quickly begin to implement strategies outlined in
this plan. The conferees direct the Secretary to update the
Committees on Appropriations every six months on what progress
has been made to enhance transportation security as outlined in
the plan. The first update is due March 1, 2006.
GENERAL AVIATION SECURITY
The Secretary, in coordination with the Secretary of
Transportation, shall submit a report to the House and Senate
Committees on Appropriations; the Senate Committee on Commerce,
Science, and Transportation; the Senate Committee on Homeland
Security and Government Affairs; and the House Committee on
Homeland Security no later than 120 days from the date of
enactment of this Act on the vulnerability posed to high-risk
areas and facilities from general aviation aircraft that could
be stolen or used as a weapon against those areas. Such areas
to be considered include those with critical transportation
infrastructure, nuclear facilities, military bases, and other
highly populated areas with similarly situated critical
infrastructure. The report shall include: an analysis of what
security vulnerabilities exist at general aviation airports
that would permit a general aviation aircraft to be stolen and
used as a weapon; whether existing security precautions to
prevent breaches of flight lines, perimeters, and aircraft are
sufficient; and any additional security measures that could
increase the security of general aviation aircraft and
airports.
CHEMICAL SECURITY
The conferees are pleased by the Department's recent
endorsement of mandatory security requirements for the chemical
sector and believe enforceable Federal standards to protect
against a terrorist attack on chemical facilities within the
United States are necessary. Despite testimony from the
Director of Central Intelligence that the chemical industrial
infrastructure is vulnerable to a terrorist attack, no federal
security measures have been established for the chemical
sector. The Department has concluded that, from a regulatory
perspective, the existing patchwork of authorities does not
permit the effective regulation of the chemical industry. Yet,
no legislation has been proposed by the Department to give it
such authority. The conferees direct the Secretary to submit a
report to the Committees on Appropriations by February 10,
2006, on the resources needed to implement mandatory security
requirements for the Nation's chemical sector and to create a
system for auditing and ensuring compliance with the security
standards. The report should also include a description of the
security requirements and any reasons why the requirements
should differ from those already in place for chemical
facilities that operate in a port zone.
AWARDING OF GRANTS
Consistent with the Senate report, the conferees direct
the Department to submit a report by February 10, 2006,
providing an expedited schedule for award of grant funds made
available by this Act, and for any prior year funds that remain
unobligated. For those grant funds awarded after March 30,
2006, the conferees direct the Department to submit a detailed
explanation for the delay.
QUADRENNIAL HOMELAND SECURITY REVIEW
The conferees agree there are benefits for the Department
of Homeland Security in conducting a Quadrennial Homeland
Security Review similar to the quadrennialreviews conducted by
the Department of Defense. The conferees encourage the Department to
conduct such a review consistent with the terms and conditions listed
in section 523(a) through (c) of the Senate bill. The review should be
submitted to the House and Senate Committees on Appropriations, the
Senate Committee on Homeland Security and Governmental Affairs, and the
House Committee on Homeland Security no later than September 30, 2008.
DATA MINING
The conferees continue to be concerned with the
Department's possible use or development of data-mining
technology and direct the DHS Privacy Officer to submit a
report consistent with the terms and conditions listed in
section 528 of the Senate bill.
WORKFORCE DIVERSITY
The conferees urge the Department to make every
reasonable effort to ensure diversity in its workforce,
procurement, and research partnerships. The conferees also urge
the Department to strive to create partnerships and
participation in the Centers of Excellence program by
historically black colleges and universities, Hispanic-serving
institutions, Alaska Native serving institutions and tribally-
controlled colleges.
BORDER AND TRANSPORTATION SECURITY REPORTING
The conferees agree to eliminate the requirement set
forth in the House report for the Under Secretary for Border
and Transportation Security (BTS) to report on the roles and
responsibilities of BTS agencies.
Office of Screening Coordination and Operations
The conferees agree to provide $4,000,000 for the
management and administration of the Office of Screening
Coordination and Operations. The conferees do not agree to
transfer United States Visitor and Immigrant Status Indicator
Technology, Secure Flight, or any other program activities to
this office. These activities are to remain separate and
distinct and are funded under other appropriations in this Act.
Office of the Under Secretary for Management
The conferees agree to provide $168,835,000 instead of
$49,984,000 as proposed by the House and $146,322,000 as
proposed by the Senate. Funding shall be allocated as follows:
Under Secretary for Management........................ $1,687,000
Office of Security.................................... 51,278,000
Business Transformation Office........................ 1,880,000
Office of the Chief Procurement Officer............... 9,020,000
Office of the Chief Human Capital Officer............. 38,900,000
Office of the Chief Administrative Officer............ 66,070,000
-----------------
Total............................................. $168,835,000
NEW STAFF
The conferees agree to provide funding to support a total
of 71 new full-time equivalents (FTEs), including 60 FTEs in
the Office of Security, ten FTEs in the Office of
Administration and one FTE for the Office of the Chief Human
Capital Officer. Funding was not provided for the one new FTE
requested by the Under Secretary for Management. The conferees
believe full-year funding is not necessary for salaries of
employees who are not yet on-board and instead have provided
half-year funding for the new staff in fiscal year 2006.
Business Transformation Office
The conferees agree to provide $1,880,000 for the
Business Transformation Office instead of $948,000 as proposed
by the House and $920,000 as proposed by the Senate. Funding
levels reflect a transfer of seven FTEs from the Under
Secretary for Border and Transportation Security, as requested
in the Secretary's organizational restructuring plan submitted
on July 13, 2005.
Office of the Chief Procurement Officer
The conferees agree to provide $9,020,000 for the Office
of the Chief Procurement Officer. As discussed in the Senate
report, the conferees direct the Chief Procurement Officer to
use the increased funding to hire and train qualified
procurement officers, to report on the number of procurement
officers in the Department, including each organization, for
fiscal years 2004, 2005, and proposed for 2006, and to provide
an assessment of the adequacy of the numbers and training of
those personnel.
Office of the Chief Human Capital Officer
The conferees agree to provide $38,900,000 instead of
$61,951,000 as proposed by the House and $61,996,000 as
proposed by the Senate. Within the funds provided, $8,900,000
is for salaries and expenses and $30,000,000 is for the new
human resource management system, known as MAX-HR. As discussed
in the Senate report, the conferees direct the Department to
submit a report on the progress made to implement the MAX-HR
system. In addition to the total funding available and needed
for this program by year, the report shall list all contract
obligations and expenditures by contractor by year, along with
the purpose of the contract.
Office of the Chief Administrative Officer
The conferees agree to provide $66,070,000 instead of
$66,356,000 as proposed by the House and $66,801,000 as
proposed by the Senate. Within the funds provided, $40,000,000
is for salaries and expenses and $26,070,000 is to consolidate
and integrate headquarter operations at the Nebraska Avenue
Complex (NAC).
Of the $26,070,000 provided for the NAC, $8,300,000 is
for security enhancements, $10,257,000 is for tenant
improvements, $3,400,000 is for capital improvements, and
$4,113,000 is for campus-wide design and construction costs.
The conferees agree to language included in the Senate report
directing the Department to update the Committees on
Appropriations regularly on the physical consolidation and
planned expenditures for the NAC, as well as its plans for a
permanent headquarters. These updates should occur as
frequently as necessary but not less than quarterly.
Office of Immigration Statistics
Funding for the Office of Immigration Statistics is
provided within the Office of the Secretary and Executive
Management, as requested in the Secretary's organizational
restructuring plan submitted on July 13, 2005.
Office of Security
The conferees agree to provide $51,278,000 as proposed by
the House instead of $55,278,000 as proposed by the Senate. The
conferees agree to move the Office of Security to the Office of
the Under Secretary for Management, as requested in the
Secretary's organizational restructuring plan submitted on July
13, 2005.
SENSITIVE SECURITY INFORMATION
The conferees agree to include a general provision
(section 537) on Sensitive Security Information (SSI) as
proposed by the House. The conferees are concerned that because
of insufficient management controls, information that should be
in the public domain may be unnecessarily withheld from public
scrutiny. The conferees require the Secretary to ensure that
each appropriate office has an official with the clear
authority to designate documents as SSI and to provide clear
guidance as to what is SSI material and what is not.
Designation means an original determination made by a limited
number of appointed officials pursuant to 49 CFR Sec. 1520.5(b
(1)-(16)). The conferees direct the Secretary to report to the
Committees not later than January 3, 2006, the titles of all
documents that are designated by DHS as SSI in their entirety
during the period beginning October 1, 2005, and ending
December 31, 2005, and a full-year report each year thereafter.
CLASSIFIED AND SECURITY SENSITIVE DOCUMENTS
The conferees direct the Office of Security to ensure the
Department's classified and security sensitive documents
clearly identify, paragraph-by-paragraph, which paragraphs
contain classified information and which do not. This is
consistent with actions taken by other federal agencies.
UNOBLIGATED BALANCES
The conferees direct the Under Secretary for Management
to submit a report listing all funds transferred to the
Department when it was formed that remain unobligated, the
purpose for which the funds were appropriated, the reason the
funds remain unobligated, and the Department's plans for the
use of these funds, as discussed in the Senate report.
WORKING CAPITAL FUND
The conferees agree to include a provision (section 542)
that rescinds $15,000,000 from the Department's Working Capital
Fund (WCF) instead of $7,000,000 as proposed by the House and
$12,000,000 as proposed by the Senate.
The conferees direct the Department to use the WCF plan
submitted on April 11, 2005, as the base document for funding
decisions in fiscal year 2006. The Committees on Appropriations
shall be notified and must approve any deviations from that
plan. In addition, section 6024 of Public Law 109-13 excludes
funding of the Homeland Secure Data Network (HSDN) within the
WCF. The conferees continue to support this position and have
provided adequate funding for HSDN within the Office of the
Chief Information Officer. The WCF should not be used to
supplement HSDN without notification and approval of the
Committees.
Office of the Chief Financial Officer
The conferees agree to provide $19,405,000 instead of
$18,505,000 as proposed by the House and $18,325,000 as
proposed by the Senate. Funding levels reflect a transfer of
seven FTEs from the Under Secretary for Border and
Transportation Security, as requested in the Secretary's
organizational restructuring plan submitted on July 13, 2005.
MONTHLY REPORTING REQUIREMENTS
The Department is directed to submit a monthly budget
execution report that includes: the total obligational
authority appropriated (new budget authority plus unobligated
carryover), undistributed obligational authority, amount
allotted, current year obligations, unobligated authority (the
difference between total obligational authority and current
year obligations), beginning unexpended obligations, year-to-
date costs, and year end unexpended obligations. This budget
execution information is to be provided at the level of detail
shown in the tables displayed at the end of this report for
each Departmental component and the Working Capital Fund. This
report must be submitted to the Committees on Appropriations no
later than 45 days after the close of each month.
Office of the Chief Information Officer
The conferees agree to provide $297,229,000 for the
Office of the Chief Information Officer (CIO) instead of
$303,700,000 as proposed by the House and $286,540,000 as
proposed by the Senate. Funding shall be allocated as follows:
Salaries and Expenses................................. $75,756,000
Information Technology Services....................... 83,444,000
Human Resources................................... 21,000,000
Emerge2........................................... 18,000,000
Information Technology Support.................... 44,444,000
Security Activities................................... 19,000,000
Terrorist watch list integration.................. 10,000,000
Information Security and Infrastructure........... 9,000,000
Wireless Program...................................... 86,000,000
Replace legacy border components.................. 16,000,000
New investments in radio infrastructure--borders.. 52,000,000
Infrastructure optimization and upgrade........... 18,000,000
Homeland Secure Data Network.......................... 33,029,000
-----------------
Total......................................... 297,229,000
INFORMATION TECHNOLOGY INVESTMENTS
The conferees are concerned with the lack of coordination
within the Department regarding its information technology (IT)
activities. In the interest of fully leveraging and optimizing
the potential contribution of IT investments in meeting the
homeland security mission while controlling IT investment
costs, maintaining schedules, and delivering capabilities, it
is critical DHS clearly articulate its objectives and needs. In
addition, the conferees are disappointed that, for the last two
years, major portions of the IT activities have not been
properly displayed in the budget. The conferees direct the CIO
to follow the Committees' direction regarding the content and
format of appropriations justifications found within the Office
of the Secretary for all IT investments.
The conferees agree to include bill language requiring
the Department to submit an expenditure plan within 60 days
from the date of enactment of this Act for all IT projects
funded through the CIO, or funded by multiple components of the
Department through reimbursable agreements. This expenditure
plan shall also include a detailed program assessment of the
scope; total estimated cost; cost by year; and the schedule for
completion, including significant milestones, for each
individual project funded for fiscal year 2006 for information
technology services, security activities, and wireless
programs.
The conferees direct the CIO to provide a report by
February 10, 2006, to include: an update of the information
technology system inventory dated September 15, 2005; the
status and timeline of security certifications for each system;
the status of aligning each system with an appropriate
investment portfolio; and the status of identifying the systems
and/or applications that will migrate to the National Center
for Critical Information Processing and Storage during fiscal
year 2006.
The conferees agree to include bill language requiring
the Department to report on the enterprise architecture and
other strategic planning; an Information Technology Human
Capital Plan, to include an inventory of current IT work force
knowledge and skills, a gap analysis of any shortfalls, and a
plan for addressing any shortfalls; a capital investment plan
for implementing the enterprise architecture; and a description
of the IT capital planning and investment control process. The
report must be reviewed and approved by the Office of
Management and Budget, reviewed by the Government
Accountability Office, and delivered to the Committees within
180 days of enactment of this Act.
The conferees are aware the Department plans to
consolidate DHS component agency data centers into two primary
data centers. Consistent with section 888 of Public Law 107-
296, the conferees instruct the Department to implement the
consolidation plan in a manner that shall not result in a
reduction to the Coast Guard's Operations System Center mission
or its government-employed or contract staff levels.
The conferees have included funding of $33,029,000 for
the Homeland Secure Data Network (HSDN) within this account as
proposed by the Senate. Other accounts that formerly had
resources requested for the HSDN have been reduced accordingly.
Within the total for Information Technology Services, the
conferees agree to provide $13,255,000 for Geospatial
activities; $2,500,000 for Solutions Engineering; $4,500,000
for Enterprise Applications Delivery; $2,000,000 for e-Gov
Initiatives; $5,500,000 for Program Management Support;
$1,500,000 for Comsec Modernization; and $3,000,000 for
Smartcard Activities. The conferees agree to provide no funding
for the MedaData Center of Excellence or the Applied Technology
program.
Analysis and Operations
The conferees agree to provide $255,495,000 for Analysis
and Operations (A&O). The conferees establish this new
appropriation in response to the Secretary's organizational
restructuring plan submitted on July 13, 2005, and include
resources previously provided under the Directorate of
Information Analysis and Infrastructure Protection (IAIP) and
the Office of the Under Secretary for Border and Transportation
Security. The conferees direct the Department to submit a
detailed expenditure plan describing the intended use of this
funding. This plan shall be provided no later than 60 days from
the date of enactment of this Act. The conference
recommendation includes sufficient funding to complete
distribution of National Weather Service all-hazards radios to
schools on a priority basis as proposed by the Senate.
The conferees reduce funding for IAIP Management and
Administration transferred to this account based on a
continuing large number of vacancies. The Secretary shall
submit to the Committees on Appropriations no later than
February 10, 2006, a report that identifies staffing and other
resource requirements that reconciles the Department's
intelligence mission responsibilities under the various Acts
and executive orders.
Office of Inspector General
The conferees agree to provide $83,017,000 for the Office
of Inspector General as proposed by the House and the Senate.
PORT SECURITY
The conferees direct the Inspector General to review the
steps the Department has taken to comply with recommendations
contained in the Inspector General's report on port security
grants (OIG-05-10). This report should be submitted to the
House and Senate Committees on Appropriations; the Senate
Committee on Commerce, Science, and Transportation; the Senate
Committee on Homeland Security and Government Affairs; and the
House Committee on Homeland Security no later than February 10,
2006.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Office of the Under Secretary for Border and Transportation Security
SALARIES AND EXPENSES
The conferees agree to provide no funding for this
appropriation, as proposed in the Secretary's organizational
restructuring plan submitted on July 13, 2005, which abolished
the Office of the Under Secretary for Border and Transportation
Security (BTS), instead of $8,617,000 as proposed by the House
and $9,617,000 as proposed by the Senate. Funding for the
functions currently performed by this office is included under
other appropriations in this Act and is identified accordingly.
United States Visitor and Immigrant Status Indicator Technology
The conferees agree to provide $340,000,000 as proposed
by the Senate instead of $390,000,000 as proposed by the House.
Of these funds, $86,000,000 is available for program management
and operations, and $159,658,000 is subject to the requirements
of a detailed expenditure plan.
In the statement of managers accompanying the conference
report on Public Law 108-334, the Department was directed to
submit a report by January 14, 2005, on the status of efforts
between the Departments of Homeland Security and Justice to
achieve real-time interoperability between the Integrated
Automated Fingerprint Identification System and the Automated
Biometric Identification System. The Committees on
Appropriations did not receive the report until August 22,
2005. The conferees direct the cost and schedule estimate
referred to in the report be completed no later than November
20, 2005, so the results can be incorporated into the fiscal
year 2006 United States Visitor and Immigrant Status Indicator
Technology (US-VISIT) expenditure plan and the fiscal year 2007
President's Budget.
The conferees are encouraged by the Department's
announcement of its plans to migrate the US-VISIT program to a
ten-fingerprint system--a major step toward full
interoperability. The Department is directed to work with the
Department of State and report expeditiously on what resources
it will need and what actions it will take to achieve this
goal.
Finally, the conferees direct that US-VISIT adhere to the
most stringent standards in developing and testing its system
plans prior to their being deployed or made operational.
Customs and Border Protection
SALARIES AND EXPENSES
The conferees agree to provide $4,826,323,000 for Customs
and Border Protection (CBP), instead of $4,885,544,000 as
proposed by the House and $4,922,600,000 as proposed by the
Senate. This includes: $1,796,464,000 for border security
between ports of entry, including 1,000 additional Border
Patrol Agents and $79,496,000 to annualize the cost of 500
Border Patrol Agents funded in Public Law 109-13; $63,024,000
for inspection and detection technology investments, including
$1,018,000 to continue the in-bond container security study;
$4,000,000 for the Immigration Advisory Program; $500,000 to
continue steel tariff training; $54,268,000 for the Customs-
Trade Partnership Against Terrorism; $7,000,000 for the FAST
program; $14,000,000 for the SENTRI and NEXUS programs;
$9,134,000 for the Advanced Training Center; not less than
$163,560,000 for the salaries and expenses for the Office of
Air and Marine Operations, including $5,000,000 for additional
staff, equipment and operations, $5,500,000 for a new Montana
Northern Border airwing, and $17,000,000 to cover salaries and
expenses associated with the integration of former Border
Patrol pilots. Funding was decreased by $12,725,000 from the
President's request to reflect that enforcement of forced child
labor laws is now a responsibility of Immigration and Customs
Enforcement, and by $49,651,000 to reflect all funding for
procurement, operations and maintenance of aircraft and marine
vessels is included in the Air and Marine Interdiction,
Operations, Maintenance, and Procurement appropriation. The
conferees make $10,000,000 unavailable for obligation until a
detailed five year plan for air and marine operations is
submitted to the Committees on Appropriations. No funding is
provided in this account for radiation portal monitors. The
conferees do not include a rescission of $14,400,000 as
proposed by the Senate.
The following table specifies funding by budget activity:
Headquarters Management and Administration:
Border Security Inspections and Trade Facilitation $655,000,000
Border Security and Control Between Ports of Entry 590,000,000
-----------------
Subtotal, Headquarters Management and 1,245,000,000
Administration.................................
Border Security Inspections and Trade Facilitation:
Inspections, Trade and Travel Facilitation at 1,262,269,000
Ports of Entry...................................
Harbor Maintenance Fee Collection (Trust Fund).... 3,000,000
Container Security Initiative..................... 138,790,000
Other International Programs...................... 8,629,000
Customs-Trade Partnership Against Terrorism/Free 75,268,000
and Secure Trade (FAST)/SENTRI/NEXUS.............
Inspection and Detection Technology Investments... 63,024,000
Automated Targeting Systems....................... 28,253,000
National Targeting Center......................... 16,697,000
Other Technology Investments, Including 1,018,000
Information Technology...........................
Training.......................................... 24,351,000
-----------------
Subtotal, Border Security Inspections and Trade 1,621,299,000
Facilitation...................................
Border Security and Control Between Ports of Entry:
Border Security and Control....................... 1,742,977,000
America's Shield Initiative....................... 31,284,000
Training.......................................... 22,203,000
-----------------
Subtotal, Border Security and Control Between 1,796,464,000
Ports of Entry.................................
Air and Marine Operations, Salaries and Expenses...... 163,560,000
=================
Total, Salaries and Expenses.................... $4,826,323,000
CONTAINER SECURITY
The conferees concur with the requirement, as detailed in
the House report, for a report on how non-intrusive inspection
technology system selection, use, and financing for the
Container Security Initiative (CSI) could be improved, as well
as the Senate report requirement on relations with CSI host
nations, to include: steps to explain CSI targeting to host
governments; coordination with the State Department; options
for withdrawal from uncooperative CSI host nations; and actions
taken on Government Accountability Office recommendations for
CSI improvement. The conferees direct the Commissioner to
submit both reports not later than February 10, 2006.
TRAINING
The conferees concur with the Senate report regarding
sixth training day compensation.
EXPEDITED REMOVAL
The conferees are aware the Department has announced a
plan to expand its expedited removal program, following success
in reducing the overall cost of detention housing for other
than Mexican nationals in the Laredo and Tucson sectors, in
reducing the number of aliens released on their own
recognizance, and in increasing deterrence. The conferees
direct the Department to report not later than February 10,
2006, on Border Patrol costs associated with the expanded
expedited removal program.
BORDER CROSSING CARDS
The conferees endorse Senate report language requesting a
report on Border Crossing Cards and card scanners.
ENFORCEMENT OF TRADE REMEDIES LAW
The conferees have ensured that, of the amounts provided
within this account, sufficient funds are available to enforce
the anti-dumping authority contained in section 754 of the
Tariff Act of 1930 (19 U.S.C. 1675c).
The conferees direct CBP to continue to work with the
Department of Commerce, the Department of Treasury, the Office
of the United States Trade Representative, and all other
relevant agencies, to provide semiannual reports on its efforts
to collect past due amounts and to increase current
collections. Furthermore, by June 30, 2006, CBP is to provide
the Committees on Appropriations with an update of its report
submitted on July 7, 2005, describing interagency efforts to
create a coordinated plan to increase antidumping and
countervailing duty collections, particularly related to cases
involving unfairly traded Asian imports. The report should
break out the non-collected amounts for fiscal years 2004 and
2005, by order and claimant, along with a description of the
specific reasons for the non-collection with respect to each
order.
The conferees direct CBP to confirm that it has completed
all of the initiatives, processes, and procedures identified in
its February 2005 report to the Committees on Appropriations
(including Attachment 1) regarding implementation of the
recommendations that were contained in the U.S. Treasury
Department Office of the Inspector General report on the
Continued Dumping and Subsidy Offset Act. Further, the
conferees direct CBP to implement the five recommendations for
executive action contained in the GAO report (GAO-05-979) dated
September 2005. If those processes and procedures have not been
completed, CBP is directed to provide an explanation as to why
they have not been completed, and a deadline for when they will
be completed. This includes the deadlines for implementing the
processes and procedures for verification, including, in
particular, the development of the sampling methodology to
validate the claimed amount; the testing plan; and all
accompanying aspects of verification.
AMERICA'S SHIELD INITIATIVE
The conferees have not provided the requested increase of
$19,800,000 for America's Shield Initiative (ASI). At this
time, the conferees understand the Department is reviewing the
entire planning process for ASI and may suspend all major
procurement action until it has resolved fundamental questions
about scope and architecture, and possibly its relation to
overall, nationwide border domain security and awareness. The
conferees expect to be kept informed of the results of this
review before the Departmentproceeds with any significant
action and concur with House reporting requirements. The conferees
encourage program managers to explore the use of commercial, airborne,
off-the-shelf wireless technology as it develops this program.
AGRICULTURAL INSPECTIONS
The conferees direct the Department, in coordination with
the U.S. Department of Agriculture, to submit a report by
February 10, 2006, providing the information requested in
Senate Report 109-83 concerning reduced agricultural inspection
levels.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Section 352 of the Trade Act of 2002 authorizes funding
for Customs Service textile transshipment enforcement, and
specifies how the funds be spent. The conferees include
$4,750,000 to continue this effort and direct CBP to report not
later than February 10, 2006, on obligating these funds, as
well as those appropriated in fiscal years 2004 and 2005. The
report should include staffing levels in fiscal years 2003-
2006, differentiated by position, as authorized in section 352
of the Trade Act of 2002, and include a five-year enforcement
plan. The report should also describe how CBP has redeployed
its workforce previously assigned to enter and monitor quota
information now that quotas have expired.
TOBACCO IMPORTS
The conferees endorse the requirements set forth in both
the House and Senate reports regarding tobacco product imports
and direct the Department to comply with them.
AUTOMATION MODERNIZATION
The conferees agree to provide $456,000,000 instead of
$458,009,000 as proposed by both the House and the Senate. This
amount includes funding for the Automated Commercial
Environment (ACE), the Integrated Trade Data System (ITDS), and
the costs of the legacy Automated Commercial System. This
funding includes not less than $320,000,000 for ACE and ITDS,
of which $16,000,000 is for ITDS, and all of which remains
subject to approval of an expenditure plan.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
The conferees agree to provide $400,231,000 instead of
$347,780,000 as proposed by the House and $320,580,000 as
proposed by the Senate. This includes: $15,000,000 for
palletized sensor systems for P-3 long range tracker aircraft;
$16,000,000 for P-3 service life extension; $14,000,000 for
manned, covert surveillance aircraft; $12,800,000 for the
Montana Northern Border air branch; $20,000,000 for replacement
of Border Patrol helicopters; $10,180,000 for unmanned aerial
vehicles; $19,471,000 for operations and maintenance of legacy
Border Patrol aircraft and marine vessels; and $2,000,000 to
begin work on a North Dakota air wing.
P-3 AIRCRAFT
The conferees recognize the CBP P-3 fleet is a critical
asset in both homeland security and drug interdiction missions.
As CBP implements a service life extension program for its P-3
aircraft, the conferees encourage CBP to adopt the most cost-
effective long-term solution for the maximum life extension of
its P-3 fleet. In addition, the conferees are aware the U.S.
Navy and most nations who fly the P-3 have made service life
assessments of their aircraft. The conferees believe CBP should
undertake similar assessments to document the airworthiness and
structural life remaining in the CBP fleet and direct the
Commissioner to incorporate the results of such a service life
assessment into the modernization plan.
UNMANNED AERIAL VEHICLES
The conferees agree to provide $10,180,000 for unmanned
aerial vehicles, as requested by the President and proposed by
both the House and Senate, which may be deployed between ports
of entry on the Southwest Border.
CBP AIR PROGRAM
The conferees are aware that the Commissioner plans to
combine air operations of the Office of Air and Marine
Operations and the Office of Border Patrol into ``CBP Air'',
and the conference agreement adjusts the budget accordingly.
The conferees direct the Department to implement fully the
recommendations in GAO report GAO-05-543 and, as integration
proceeds, to consult with the Committees on Appropriations
before making any changes in the nature and level of support
for legacy air missions.
STRATEGIC PLAN, MODERNIZATION AND RECAPITALIZATION
The conferees remind the Department that detailed
information requested in previous conference reports has yet to
be provided. With CBP air integration under way, it is
essential Congress receive information to understand the status
and requirements of the CBP air and marine programs. The
conferees withhold $10,000,000 from the CBP Salaries and
Expenses appropriation until the Committees on Appropriations
receive a five-year strategic plan for CBP Air (and marine, if
complete) that addresses missions, structure, operations,
equipment, facilities and resources, including deployment and
command and control requirements. This report is to include a
modernization plan, including milestones and funding required
to recapitalize its fleet and operations, as well as a detailed
staffing plan showing current on-board positions, annual
targets, and a timetable with associated costs to achieve full
staffing to meet all mission requirements.
NATIONAL AVIATION CENTER
The conferees understand the Oklahoma City National
Aviation Center has augmented its pilot training with computer-
based instructions and simulation, which has increased training
efficiency while decreasing costs. The conferees direct the
Department to continue this approach.
NORTHERN BORDER AIRWINGS
The conferees believe remaining gaps in air patrol
coverage of the Northern Border should be closed as quickly as
possible and include $2,000,000 for the initial site
assessment, facilities evaluation, lease preparation and other
activities associated with the fifth Northern Border airwing in
Grand Forks, North Dakota. The conferees direct the Department
to include in its fiscal year 2007 budget request the resources
necessary to establish the airwing.
CONSTRUCTION
The conferees agree to provide $270,000,000 instead of
$93,418,000 as proposed by the House and $311,381,000 as
proposed by the Senate. This includes: $81,963,000 for
facilities to accommodate 1,000 additional Border Patrol
Agents; $35,000,000 for the San Diego fence construction
project; $35,000,000 for tactical infrastructure projects in
the Tucson sector; and $26,000,000 for the Advanced Training
Center. The conferees direct CBP to provide a spending plan and
a revised master plan to the Committees on Appropriations that
reflects this funding.
Immigration and Customs Enforcement
SALARIES AND EXPENSES
The conferees agree to provide $3,108,499,000 for
Immigration and Customs Enforcement (ICE) Salaries and
Expenses, instead of $3,064,081,000 as proposed by the House
and $3,052,416,000 as proposed by the Senate. This includes an
additional $90,000,000 for additional bedspace capacity,
including corresponding support positions; $42,000,000 for
additional criminal investigator positions; $35,000,000 to
annualize new positions and programs funded in Public Law 109-
13; $9,000,000 for Immigration Enforcement Agents to support
civil and administrative investigations; $16,000,000 for
additional fugitive operations teams; $18,000,000 to expand the
Institutional Removal Program; $10,000,000 to expand
Alternatives to Detention, including the Intensive Supervision
Appearance Program; $1,000,000 to increase the speed, accuracy
and efficiency of immigration enforcement information currently
being entered into the National Criminal Information Center
database; $5,000,000 for the Cyber Crimes Center; $15,770,000
for enforcement of laws against forced child labor, as offset
by a reduction in Customs and Border Protection, Salaries and
Expenses; $5,000,000 for implementation of section 287(g) of
the Immigration and Nationality Act; $10,000,000 for the
worksite enforcement program; and $2,000,000 for transfer to
the U.S. Department of Justice for the Legal Orientation
Program. The conferees make $5,000,000 unavailable for
obligation until the Committees on Appropriations receive a
national detention management plan as described in the House
report. The following table specifies funding by budget
activity:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services and $123,600,000
other............................................
Headquarters Managed IT investment................ 133,104,000
-----------------
Subtotal, Headquarters Management and 256,704,000
Administration.................................
Legal Proceedings..................................... 130,181,000
Investigations:
Domestic Operations............................... 1,195,050,000
International Operations.......................... 101,918,000
-----------------
Subtotal, Investigations........................ 1,296,968,000
Intelligence.......................................... 50,970,000
Detention and Removal:
Detention and Removal Operations.................. 1,013,329,000
Transportation and Removal........................ 135,000,000
Fugitive Operations............................... 102,881,000
Institutional Removal Program..................... 93,969,000
Alternatives to Detention......................... 28,497,000
-----------------
Subtotal, Detention and Removal................. 1,373,676,000
=================
Total, Salaries and Expenses.................... 3,108,499,000
IMMIGRATION ENFORCEMENT AGENTS
The conferees agree with the House report noting that a
vast majority of immigration law violations are under enforced,
and that it would be beneficial to significantly enhance the
enforcement of civil immigration violations. The conferees
therefore include $9,000,000 for 100 Immigration Enforcement
Agents (IEAs), who will work under the supervision of ICE
special agents and concentrate their efforts oncivil and
administrative actions, permitting ICE special agents to concentrate
their efforts on criminal investigations and longer term cases. The
conferees direct the Department to submit a plan for the expanded use
of IEAs for these purposes not later than December 1, 2005, and a
status report not later than November 1, 2006, on the operation and
impact of the increase in IEA positions.
EXPEDITED REMOVAL AND DETENTION SPACE
The conferees are aware ICE expects a bedspace funding
shortfall owing to lower Breached Bond funds and increased
bedspace costs. The conferees provide $35,000,000 to cover
fiscal year 2006 costs associated with ICE initiatives funded
in Public Law 109-13, and therefore expect the Department will
not divert $32,000,000 provided in that Act for bedspace to
annualize personnel costs. The conferees direct the Department
to submit quarterly reports on the fee estimates.
The conferees understand the Department has determined
expanding the expedited removal program will require a greater
proportion of funding for removal and related costs, and
therefore relatively less for bedspace. The conferees direct
the Department to report within 30 days from enactment of this
Act on the total number of beds to be funded in fiscal year
2006, by funding source, and the fiscal year 2006 spend plan
for expedited removal. Further, the Department is directed to
include bedspace utilization and funding obligations in its
regular immigration enforcement reporting to the Committees on
Appropriations.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Section 352 of the Trade Act of 2002 authorizes funding
for Customs Service textile transshipment enforcement, and
specifies how the funds be spent. The conferees include
$4,750,000 to continue this effort and direct ICE to report not
later than February 10, 2006, on obligating these funds, as
well as those appropriated in fiscal years 2004 and 2005. The
report should include staffing levels in fiscal years 2003-
2006, differentiated by position, as authorized in section 352
of the Trade Act of 2002, and include a five-year enforcement
plan.
IMMIGRATION ENFORCEMENT AND DETENTION STATISTICS
The conferees concur with the immigration enforcement and
detention reporting requirements identified in the House and
Senate reports, and direct ICE to submit them on a quarterly
basis beginning February 10, 2006.
STATE AND LOCAL SUPPORT FOR IMMIGRATION ENFORCEMENT
The conferees support the ``287(g) program'' to cross-
designate State and local law enforcement officers to perform
limited immigration enforcement functions, and provide
$5,000,000 in support of this program, including training
participants, as authorized. The conferees encourage the
Department to be more proactive in encouraging State and local
governments to participate in this program. The conferees fully
support the 287(g) program and view it as a powerful force
multiplier to better enforce immigration laws and,
consequently, to better secure the homeland.
LEGAL ORIENTATION PROGRAM
The conferees include $2,000,000 for the Legal
Orientation Program, to be transferred to the U.S. Department
of Justice, Executive Office for Immigration Review (EOIR). The
Office of Management and Budget is directed to include future
funding for this program in funding requests for EOIR.
FEDERAL PROTECTIVE SERVICE
The conferees agree to provide $487,000,000 as proposed
by both the House and the Senate.
AUTOMATION MODERNIZATION
The conferees agree to provide $40,150,000 as proposed by
the House instead of $50,150,000 as proposed by the Senate.
These funds may not be obligated until the Committees on
Appropriations receive and approve an expenditure plan, which
includes a requirement for an independent verification and
validation.
CONSTRUCTION
The conferees provide $26,546,000 as proposed by both the
House and Senate.
Transportation Security Administration
AVIATION SECURITY
The conferees agree to provide $4,607,386,000 instead of
$4,591,612,000 as proposed by the House and $4,452,318,000 as
proposed by the Senate. In addition to the amounts
appropriated, a mandatory appropriation of $250,000,000 is
available to support the Aviation Security Capital Fund. Bill
language is also included to reflect the collection of
$1,990,000,000 from aviation user fees, as authorized. The
following table specifies funding by budget activity:
Screening Workforce:
Privatized screening.............................. $139,654,000
Passenger screeners--personnel, compensation and 1,520,000,000
benefits.........................................
Baggage screeners--personnel, compensation, and 884,000,000
benefits.........................................
-----------------
Subtotal, Screener Workforce.................... 2,543,654,000
Screener Training and Other:
Screener training................................. 88,004,000
Passenger screener--other......................... 23,752,000
Checked baggage screener--other................... 118,591,000
Tort claims....................................... 4,000,000
Representation funds.............................. 3,000
Model workplace................................... 2,400,000
Hazardous materials disposal...................... 9,800,000
-----------------
Subtotal, Screener Training and Other........... 246,550,000
Human Resource Services............................... 207,234,000
Checkpoint Support.................................... 165,000,000
Explosive Detection Systems:..........................
EDS/ETD purchase.................................. 175,000,000
EDS/ETD installation.............................. 45,000,000
EDS/ETD maintenance and utilities................. 200,000,000
Operation integration............................. 23,000,000
-----------------
Subtotal, Explosive Detection Systems........... 443,000,000
=================
Total, Screening Operations..................... 3,605,438,000
Aviation Direction and Enforcement:
Aviation regulation and other enforcement......... 222,416,000
Airport management, information technology and 686,032,000
support..........................................
Federal flight deck officer and flight crew 30,500,000
training.........................................
Air cargo......................................... 55,000,000
Foreign and domestic repair stations.............. 3,000,000
Airport perimeter security........................ 5,000,000
-----------------
Subtotal, Aviation Direction and Enforcement.... 1,001,948,000
=================
Total, Aviation Security........................ 4,607,386,000
STAFFING LEVELS
The conferees agree to continue longstanding bill
language that caps the full-time equivalent screener workforce
at 45,000 as proposed by the House. The conferees expect the
Transportation Security Administration (TSA) to have no more
than 45,000 full-time equivalent screeners by the end of fiscal
year 2006. The conferees recognize TSA may need to realign its
workforce throughout the year due to attrition or advances in
detection technologies. TSA has the flexibility to hire
screeners during the fiscal year at those airports where
additional or replacement screeners are necessary to maintain
aviation security and customer service.
PRIVATIZED SCREENING AIRPORTS
The conferees agree to provide $139,654,000 as proposed
by the House instead of $146,151,000 as proposed by the Senate.
If additional airports are not interested in privatization, or
airports currently under this program decide to begin using
federal screeners resulting in the need for less funding in
fiscal year 2006 to support the current privatized screening
airports, TSA is directed to notify the Committees on
Appropriations ten days prior to these changes occurring. After
that time period has expired, TSA shall adjust its program,
project, and activity line items to account for changes in
third party private screening contracts and screener personnel,
compensation and benefits to reflect the award of contracts
under the screening partnership program (SPP).
PASSENGER AND BAGGAGE SCREENERS, PERSONNEL, COMPENSATION AND BENEFITS
The conferees agree to provide $1,520,000,000 for
passenger screening and $884,000,000 for baggage screening
activities for both federal screeners as well as any contracts
awarded under SPP for all airports other than the six current
privatized screening airports. The conferees agree TSA needs
the flexibility to manage the SPP without the need for
reprogramming actions for each individual contract and direct
TSA to provide the Committees on Appropriations with advance
notice ten days before an announcement is made an airport has
been selected under SPP or if an airport has decided to begin
using federal screeners. At the time the contract is awarded,
TSA shall notify the Committees and adjust its program,
project, and activity line items to account for changes in
third party private screening contracts and screener personnel,
compensation and benefits to reflect the award of contracts
under SPP.
RONALD REAGAN WASHINGTON NATIONAL AIRPORT
The conferees agree to include bill language that
provides reimbursement for security services and related
equipment and supplies in support of general aviation access to
Ronald Reagan Washington National Airport as proposed by the
Senate. These reimbursements shall be credited to the
``Aviation Security'' appropriation and be available until
expended for only those purposes.
PASSENGER PROCESSING TIMES
Several airports are experiencing unusually large peak
volumes associated with international, charter, and scheduled
service. Many domestic travelers arriving at the same airport
concourse as international flyers are often held up from
proceeding to their final destinations because of slow
processing times for these international visitors. Theconferees
direct TSA, in cooperation with Customs and Border Protection, to
examine these unique situations, find appropriate solutions, and report
back to the Committees on Appropriations no later than February 10,
2006.
CHECKPOINT SUPPORT
The conferees agree to provide $165,000,000 instead of
$157,461,000 as proposed by the House and $172,461,000 as
proposed by the Senate. This funding should be used to
accelerate the testing, procurement, installation, and
deployment of new checkpoint technologies. TSA should test
these new technologies and equipment at airports using both
federal and non-federal screeners. TSA shall submit the report
originally requested in fiscal year 2005 on testing and
deploying emerging technologies to screen passengers and carry-
on baggage to the Committees on Appropriations as expeditiously
as possible.
STANDARDS FOR CHECKPOINT TECHNOLOGIES
The conferees recommend TSA work with the National
Institute of Standards and Technology to develop standards for
checkpoint technologies, as discussed in the Senate report.
EXPLOSIVE DETECTION SYSTEMS INSTALLATION
The conferees agree to provide a total of $295,000,000
for explosive detection systems (EDS) installation, including
$250,000,000 in mandatory funding from the Aviation Security
Capital Fund and $45,000,000 in this Act. This funding is
sufficient to fulfill the federal commitment for the eight
Letters of Intent and to install next-generation EDS machines
at airports nationwide. The conferees have modified bill
language proposed by the Senate clarifying the federal
government's cost under a Letter of Intent shall be 75 percent
for any medium and large hub airport and 90 percent for any
other airports. The conferees also include bill language to
permit the Secretary to distribute this funding to enhance
aviation security and fulfill the federal commitment to Letters
of Intent. The conferees encourage TSA to pursue innovative
financing solutions to improve the baggage screening process,
as discussed in the House report.
EXPLOSIVE DETECTION SYSTEMS PROCUREMENT
The conferees agree to provide $175,000,000 instead of
$170,000,000 as proposed by the House and $180,000,000 as
proposed by the Senate. Of these funds, $45,000,000 shall be
made available to procure next-generation explosive detection
systems, including in-line systems, which have been tested,
certified, and piloted. The conferees expect these new systems
to replace explosive trace detection systems as much as
possible as they are considerably less costly to operate.
EXPLOSIVE DETECTION SYSTEMS MAINTENANCE COSTS
The conferees are concerned about the skyrocketing costs
of maintaining explosive detection systems and direct the
Government Accountability Office to report by April 2006 on the
reasons for past cost increases, including TSA contracting
practices. This report is to recommend actions TSA might take
to control these costs in the future.
REMOTE BAGGAGE SCREENING
The conferees are aware of TSA's participation with
airports and airlines in pilots at various airports around the
country to evaluate off-site baggage check-in models. The
conferees encourage TSA to widely test remote baggage
screening, including coupling off-site check in with off-site
screening within the airport grounds at secure sort facilities
before the baggage is introduced into the terminal and other
critical airport infrastructure.
MULTI-COMPARTMENTAL BINS
The conferees direct TSA to develop a plan to research,
test, and potentially implement multi-compartmental bins to
screen passenger belongings at security checkpoints.
SCREENING EXEMPTIONS
The conferees agree to retain bill language proposed by
the Senate that does not allow heads of federal agencies and
commissions to be exempt from passenger and baggage screening.
AVIATION REGULATION AND ENFORCEMENT
The conferees agree to provide $222,416,000 as proposed
by the House instead of $230,000,000 as proposed by the Senate.
AVIATION MANAGEMENT, INFORMATION TECHNOLOGY AND SUPPORT
The conferees agree to provide $686,032,000 instead of
$655,597,000 as proposed by the House and $748,370,000 as
proposed by the Senate. Within the funds provided, $243,662,000
is for management and support staff and $442,370,000 is for
information technology.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING
The conferees agree to provide $30,500,000 instead of
$29,000,000 as proposed by the House and $32,000,000 as
proposed by the Senate. Within the funds provided, $27,000,000
is for federal flight deck officer training and $3,500,000 is
for voluntary flight crew training.
AIR CARGO
The conferees agree to provide $55,000,000 instead of
$60,000,000 as proposed by the House and $50,000,000 as
proposed by the Senate. Within the funds provided, $10,000,000
is for hiring 100 additional regulatory inspectors and
associated travel costs, and $5,000,000 is to enhance the
automated indirect air carrier maintenance system and known
shipper data base, as well as for security threat assessments
and pending air cargo rulemaking activities.
In addition to the funds provided to TSA for air cargo,
the conferees provide $30,000,000 to the Science and Technology
(S&T) Directorate to conduct three cargo screening pilot
programs testing different concepts of operation. TSA is to
cooperate with S&T on this effort.
The conferees direct TSA to work with other DHS
components to develop technologies that will move TSA forward
to achieving 100-percent screening of air cargo on passenger
aircraft.
GENERAL AVIATION
The conferees concur with the House report supporting the
Airport Watch program.
AIRPORT PERIMETER SECURITY
The conferees agree to provide $5,000,000 for airport
perimeter security pilots. While funding has been provided for
this work in the past, the conferees are aware of a variety of
innovative technologies that may reduce security weaknesses and
vulnerabilities in airports throughout the United States. This
funding should be awarded competitively.
SURFACE TRANSPORTATION SECURITY
The conferees agree to provide $36,000,000 as proposed by
the House and the Senate. Funding is provided as follows:
Enterprise staff...................................... $24,000,000
Hazardous materials truck tracking and training....... 4,000,000
Rail inspectors and canines........................... 8,000,000
-----------------
Total............................................. 36,000,000
RAIL SECURITY INSPECTORS AND CANINES
The conferees are very disappointed with TSA's reluctance
to quickly hire rail inspectors and deploy canine units at
transit systems nationwide. Although these activities were
funded in fiscal year 2005, TSA does not have a full contingent
of rail inspectors on board and only announced the deployment
of canine teams on September 27, 2005. This is unacceptable.
The conferees direct TSA to report to the Committees on
Appropriations no later than February 10, 2006, on the
deployment of the 100 rail security inspectors and canine teams
funded in fiscal year 2005 and any new inspectors or canine
teams planned for fiscal year 2006.
TRANSPORTATION VETTING AND CREDENTIALING
The conferees agree to provide a direct appropriation of
$74,996,000 as proposed by the Senate instead of $84,294,000 as
proposed by the House. In addition, the conferees anticipate
TSA will collect $180,000,000 in fees. Funding is provided as
follows:
Direct Appropriations:
Secure flight..................................... $56,696,000
Crew vetting...................................... 13,300,000
Screening administration and operations........... 5,000,000
-----------------
Total, direct appropriations.................... 74,996,000
Fee Collections:
Registered traveler............................... 20,000,000
Transportation worker identification credential... 100,000,000
Hazardous materials............................... 50,000,000
Alien flight school (by transfer from DOJ)........ 10,000,000
-----------------
Total, fee collections.......................... 180,000,000
SECURE FLIGHT
The conferees agree to provide $56,696,000 as proposed by
the Senate instead of $65,994,000 as proposed by the House. TSA
has failed to provide a fully justified cost estimate for this
program for fiscal year 2006 or achieve initial operational
capability with two airlines on August 19, 2005, as originally
planned. At this time, TSA does not have a revised schedule and
milestones. The conferees have reduced funding for Secure
Flight accordingly.
The conferees support the additional layer of aviation
security that will be provided through the Secure Flight
program. However, delays in obtaining Passenger Name Record
data from air carriers needed for testing have postponed
initial operating capability of the system. The conferees
encourage TSA to commence rulemaking proceedings, and, if
necessary, issue a security directive at the earliest possible
date to require air carriers to release data necessary for
operational tests expected to commence shortly.
The conferees agree to include and modify a general
provision (section 518) which directs the Government
Accountability Office (GAO) to continue to evaluate DHS and TSA
actions to meet the ten elements listed in section 522 of
Public Law 108-334 and to report to the Committees on
Appropriations either incrementally or when all elements have
been satisfied. The provision also prohibits the use of
commercial data.
On July 22, 2005, GAO reported TSA did not adequately
disclose the use of personal information during Secure Flight
testing, violating the Privacy Notice. The conferees are
concerned with the recent GAO findings, giving further credence
for GAO to continue reviewing the Secure Flight program.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The conferees agree to include a general provision
(section 526) directing the Department to develop a
personalization system that is centralized and that uses an
existing government card production facility for these purposes
as proposed by the House, consistent with direction issued in
previous years. TSA may not move into the next phase of
production until the Committees on Appropriations have been
fully briefed on the results of the prototype phase and agree
the program should move forward. Because of the deep interest
in this program, beginning on January 1, 2006, and quarterly
thereafter, TSA shall submit reports on the progress of meeting
the goals established for the Transportation Worker
Identification Credential (TWIC) program.
SCREENING ADMINISTRATION AND OPERATIONS
The conferees agree to provide $5,000,000 for screening
administration and operations as proposed by both the House and
the Senate. The conferees direct that none of the funds may be
used to augment the Secure Flight program and expect funds to
be used to support other transportation vetting and
credentialing programs that are user fee funded, such as TWIC,
alien flight school, and hazardous materials. The conferees are
aware these fee-funded programs have carryover balances from
previous fiscal years that may be used to augment
administrative and operational needs.
TRANSPORTATION SECURITY SUPPORT
The conferees agree to provide $510,483,000 instead of
$541,008,000 as proposed by the House and $491,873,000 as
proposed by the Senate. Funding is provided as follows:
Intelligence.......................................... $21,000,000
Headquarters Administration........................... 279,391,000
Information Technology................................ 210,092,000
-----------------
Total, Transportation Security Support............ 510,483,000
SPENDING AND DEPLOYMENT PLANS
The conferees agree to include bill language to require
TSA to submit 60 days from the date of enactment of this Act a
plan to the Committees on Appropriations detailing: the optimal
deployment plan for explosive detection equipment at the
Nation's airports on a priority basis, either in-line or to
replace explosive trace detection machines; and an expenditure
plan for explosive detection systems procurement and
installation on an airport-by-airport basis for fiscal year
2006. The conferees have requested this information for the
past two years in report language and TSA has repeatedly
ignored these requests. The conferees include bill language
withholding $5,000,000 from obligation until this plan is
received.
FEDERAL AIR MARSHALS
The Secretary's organizational restructuring plan
submitted on July 13, 2005, recommended moving the
appropriation for the Federal Air Marshals (FAMs) from
Immigration and Customs Enforcement to TSA. The conferees
concur with this recommendation and agree to provide
$686,200,000 for FAMs instead of $698,860,000 as proposed by
the House and $678,994,000 as proposed by the Senate. Within
this total, $613,400,000 is for management and administrative
expenses, $70,800,000 is for travel and training, and
$2,000,000 is to implement the air-to-ground communications
system. Funding is available for one year as proposed by the
Senate.
STAFFING
The conferees have fully funded the new staff requested;
however, funding has been provided for half a year, consistent
with actions taken elsewhere in the Department because of the
time it takes to hire new employees. A classified report on the
status of hiring and training new Federal Air Marshals shall be
submitted to the Committees on Appropriations no later than
February 10, 2006.
AIRPORT LAW ENFORCEMENT
The conferees direct FAMs to submit a report, in
conjunction with the fiscal year 2007 budget, that details a
proposal to expand its mission beyond the aircraft and enter
the airport security arena, including surveillance in the
airport environment and airport-related investigations. The
report should elaborate on these expanded responsibilities and
the potential impact to FAMs mission, to include: the types of
investigations that would be conducted in airports; the
potential tangible benefits of FAMs conducting surveillance in
an airport; whether this expansion would merit and require the
conversion of air marshals to 1811 status; a timeframe for
implementation; statistical distribution of workload hours
between airport and aircraft missions; additional FTE required;
additional costs associated with an enhanced airport mission;
additional training requirements; and how an expanded FAMs
mission would interrelate with the numerous law enforcement
agencies that are currently conducting airport security
operations. FAMs shall not moveforward with this proposal until
the report has been submitted and reviewed by the Committees on
Appropriations.
AIR-TO-GROUND COMMUNICATIONS
The conferees agree to provide $2,000,000 for the air-to-
ground communications program. The conferees are aware of FAMs
working with Science and Technology (S&T), the Federal
Communications Commission, and the Federal Aviation
Administration to implement an airborne communications system
in 2006. The conferees consider this a critical security
program and direct FAMs, in conjunction with S&T, to brief the
Committees on Appropriations quarterly on its progress.
United States Coast Guard
OPERATING EXPENSES
(INCLUDING RESCISSION OF FUNDS)
The conferees agree to provide $5,492,331,000 instead of
$5,500,000,000 as proposed by the House and $5,476,046,000 as
proposed by the Senate. Within this amount, $1,200,000,000 is
available for defense-related activities as proposed by both
the House and the Senate. Further, within this total,
$15,450,000 is provided for command, control, communications,
computer intelligence, surveillance and reconnaissance (C4ISR)
follow-on costs; $10,000,000 is provided as an increase for the
Area Security Maritime Exercise Program; $12,000,000 is
provided as an increase to implement the May 13, 2005, decision
by the Commandant to restructure the Mariner Licensing and
Documentation Program; and an additional $4,000,000 above the
amounts enacted in fiscal year 2005 is included for C-130J
operations. No funding is provided for radiological/nuclear
detection and one-time reinvestment costs due to inadequate
budget justifications for these activities. The conferees agree
to rescind $15,103,569 in unobligated balances from funds
provided for port security assessments at tier one ports due to
successful completion of this program. Funding for operating
expenses shall be allocated as follows:
Military Pay and Related Costs:
Military pay and allowances....................... $2,315,270,000
Military health care.............................. 580,647,000
Permanent change of station....................... 108,901,000
-----------------
Subtotal, Military Pay and Related Costs...... 3,004,818,000
Civilian Pay and Benefits............................. 531,497,000
Training and Recruiting:
Training and Education............................ 83,554,000
Recruiting........................................ 93,576,000
-----------------
Subtotal, Training and Recruiting............. 177,130,000
Operating Funds and Unit Level Maintenance:
Atlantic Command.................................. 169,188,000
Pacific Command................................... 177,894,000
1st District...................................... 47,166,000
7th District...................................... 58,076,000
8th District...................................... 39,134,000
9th District...................................... 28,431,000
13th District..................................... 20,238,000
14th District..................................... 14,575,000
17th District..................................... 23,951,000
Headquarters directorates......................... 257,550,000
Headquarters managed units........................ 120,000,000
Other activities.................................. 767,000
-----------------
Subtotal, Operating Funds and Unit Level 956,970,000
Maintenance....................................
Centrally Managed accounts............................ 185,000,000
Intermediate and Depot Level Maintenance:
Aeronautical maintenance.......................... 230,636,000
Electronic maintenance............................ 101,408,000
Civil/ocean engineering/short facilities 160,024,000
maintenance......................................
Vessel maintenance................................ 144,848,000
-----------------
Subtotal, Intermediate and Depot Level 636,916,000
Maintenance....................................
=================
Total, Operating Expenses..................... 5,492,331,000
Rescission, Port Security Assessments (P.L. 108-11)... -15,103,569
=================
Total, Operating Expenses..................... 5,477,227,431
RESPONSIVENESS TO CONGRESS
The conferees are disappointed and frustrated with the
Coast Guard's poor responsiveness to Committee direction. For
this reason, the conferees note reductions to the budget
request for operating expenses are directed at the Coast
Guard's senior management and not its field units. The
conferees recognize the sacrifices of Coast Guard field
personnel and have provided the full amount requested in the
fiscal year 2006 budget request to support operational units.
POLAR ICEBREAKING
Both the House and Senate approved the transfer of
$47,500,000 in polar icebreaking funding from the Coast Guard
to the National Science Foundation (NSF) as requested in the
budget. The conferees encourage the Coast Guard, NSF, and the
Executive Office of the President to finalize a long-term
strategy for polar icebreaking. The conferees direct the Coast
Guard to pursue a sustainable cost sharing agreement with the
NSF for unanticipated and extraordinary maintenance of the
polar icebreakers.
OCCUPATIONAL SAFETY AND HEALTH RISKS
The conferees understand the Coast Guard is currently
evaluating technologies to determine how to minimize
occupational safety and health risks to Coast Guard personnel.
Due to concerns about increasing burdens on Coast Guard
personnel, the conferees direct the Coast Guard to report on
the status of such evaluations to the Committees on
Appropriations no later than 60 days from the date of enactment
of this Act.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The conferees agree to provide $12,000,000 as proposed by
both the House and the Senate.
RESERVE TRAINING
The conferees agree to provide $119,000,000 as proposed
by both the House and the Senate.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The conferees agree to provide $1,141,800,000 instead of
$798,152,000 as proposed by the House and $1,141,802,000 as
proposed by the Senate. Funding is provided as follows:
Vessels and Critical Infrastructure:
Response boat medium.............................. $18,500,000
Vessels and Critical Infrastructure............... 18,500,000
Aircraft:
Covert Surveillance Aircraft...................... 10,000,000
Armed helicopter equipment........................ 10,000,000
C-130J Missionization............................. --
-----------------
Subtotal, Aircraft............................ 20,000,000
Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft.......................... 68,000,000
Unmanned Aerial Vehicles (UAVs)................... 40,000,000
HH-60 sustainment projects........................ 37,000,000
HC-130 sustainment projects....................... 11,000,000
HH-65 re-engining................................. 133,100,000
-----------------
Subtotal, Aircraft............................ 289,100,000
Surface Ships:
National security cutter, construction............ 368,000,000
Offshore patrol cutter, development............... 108,000,000
Fast Response Cutter, long-lead items and 7,500,000
development......................................
Short Range Prosecutor program and IDS small boats 700,000
Medium Endurance Cutter program and legacy surface 25,000,000
ship sustainment.................................
-----------------
Subtotal, Surface Ships....................... 509,200,000
C4ISR................................................. 44,000,000
Logistics............................................. 18,800,000
System engineering and management..................... 37,000,000
Government program management......................... 35,000,000
-----------------
Subtotal, Integrated Deepwater System......... 933,100,000
Other Equipment:
Rescue 21......................................... 41,000,000
Automatic Identification System................... 24,000,000
High frequency recap.............................. --
-----------------
Subtotal, Other Equipment..................... 65,000,000
Shore Facilities and Aids to Navigation:
Renovate USCGA Chase Hall barracks................ 15,000,000
Replace multi-mission building-Group LIS.......... 10,000,000
Construct breakwater-Station Neah Bay............. 2,800,000
Waterway aids to navigation infrastructure........ 3,900,000
-----------------
Subtotal, Shore Facilities and Aids to 31,700,000
Navigation.....................................
Personnel and Related Support:
Direct personnel costs............................ 73,000,000
AC&I core......................................... 500,000
-----------------
Subtotal, Personnel and Related Support....... 73,500,000
=================
Total......................................... 1,141,800,000
DEEPWATER
The conferees agree to provide $933,100,000 for the
Integrated Deepwater System instead of $500,000,000 as proposed
by the House and $988,600,000 as proposed by the Senate. The
conferees are troubled by the progress of the Deepwater
program. In response to the post-9/11 rebaselining requirements
set forth within Public Law 108-334, the Coast Guard responded
by missing deadlines, submitting inadequate information, and
taking what was a straightforward acquisition program and
turning it into a confusing plan that did not sufficiently
explain how the Coast Guard intends to manage what is now a
$24,000,000,000, 25-year effort. The conferees are supportive
of Deepwater and want to see tangible progress in the
modernization of the Coast Guard's fleet. However, the
conferees are frustrated with the Coast Guard's inadequate
justification and poor planning for Deepwater resources.
The conferees include a new provision directing the Coast
Guard to submit a review of the Revised Deepwater
Implementation Plan in conjunction with the President's fiscal
year 2007 budget request. This report shall include: a detailed
explanation of any changes to the plan for fiscal year 2007; a
detailed, annual performance comparison of Deepwater assets to
pre-Deepwater legacy assets in terms of operations and
maintenance costs, operational availability (including mean
time between failure and mean time to restore), mission
performance, and crewing; a status report of legacy assets,
including modernization progress, operational availability, and
the projected, remaining service life of each class of legacy
Deepwater asset; a comprehensive explanation of how the Coast
Guard is accounting for the costs of legacy assets in the
Deepwater program; an explanation of why many assets that are
elements of the Integrated Deepwater System are not accounted
for within Deepwater's appropriation (such as the
missionization of the C-130Js, the 179-foot Cyclone class
cutters, and the airborne use of force outfitting of the HH60s
and HH65s); a description of the competitive process conducted
in all contracts and subcontracts exceeding $5,000,000; a
description of how the Coast Guard is planning for the human
resource needs of Deepwater assets including rotational crewing
for each asset utilizing such crewing and qualification
training for commanding officers and petty officers in charge
of Deepwater patrol boats; and the earned value management
system gold card data, including data for all the factors in
this system, for each asset being procured under Deepwater,
including C4ISR and C-130J missionization.
The conferees acknowledge the Coast Guard's assertion
that the accuracy of a Revised Deepwater Implementation Plan
beyond five years is based upon numerous, unpredictable
variables such as national security priorities and resource
constraints. Therefore, the conferees believe the acquisition
schedule for the duration of the plan will likely undergo
significant modifications in five-year increments. The Coast
Guard has also pointed to five-year increments, beginning in
2011, as benchmarks for measuring the performance of Deepwater
assets as an entire system of systems, vice a fleet of non-
integrated assets. For these reasons, the conferees have
included a new provision directing the Coast Guard to submit a
comprehensive review of the Revised Deepwater Implementation
Plan every five years beginning in fiscal year 2011. This plan
shall include a complete projection of the acquisition costs
and schedule for the duration of the plan through fiscal year
2027.
As Deepwater progresses, the conferees recognize there
must be a methodical transition between the acquisition phase
of the program and the integration of new assets into Coast
Guard operations. The conferees believe diligent management of
this transition is central to ensuring the effectiveness of the
Deepwater program as well as the operational readiness of the
Coast Guard. To address this concern, the conferees direct the
Coast Guard to conduct an operational gap analysis for all
Deepwater assets and provide an action plan on how the revised
Deepwater plan addresses the shortfalls between current
operational capabilities and operational requirements, as
specified in the revised, post-9/11 Mission Needs Statement
approved on January 24, 2005. This report should apply advanced
analytical methods for forecasting future needs, as required in
theSenate report, and should be submitted concurrently with the
Coast Guard's fiscal year 2007 budget request.
PATROL BOATS
The conferees are very concerned about the availability
and performance of the Coast Guard's patrol boat fleet. The
110-foot Island Class patrol boats are currently experiencing
major maintenance problems as well as technological
obsolescence and the planned patrol boat replacement under
Deepwater--the Fast Response Cutter (FRC)--is several years
away from sea trials and production. The Coast Guard's patrol
boat needs are further stressed given the termination of the
110-to-123 conversion program that was intended to bridge the
gap between the phase-out of the 110 and the deployment of the
FRC. To address this critical issue and looming shortfall in
patrol boat mission hours, the conferees agree to include a
provision (section 527) rescinding unobligated funds in the
amount of $78,630,689 appropriated for 110-to-123 conversions
in fiscal years 2003, 2004, and 2005 and re-appropriating the
funds for the service life extension of Island Class patrol
boats and the design, production, and long lead materials of
the FRC. The conferees direct the Coast Guard to provide a
patrol boat availability report to the Committees on
Appropriations no later than February 10, 2006, which includes:
an expenditure plan for the 110 service life extension program;
a detailed explanation of the FRC's accelerated design and
production that includes the application of the funds provided
by this Act; and a mission hour and operational availability
report for each 110 foot and 123 foot patrol boat in service.
COVERT MANNED SURVEILLANCE AIRCRAFT
The conferees do not include a rescission of $13,999,000
in prior appropriations for the purchase of covert manned
surveillance aircraft as proposed by the Senate. The conferees
direct the Coast Guard to move forward with this procurement
and agree to provide $10,000,000 for sensor procurement and
installation as proposed by the House.
RESCUE 21
Due to high unobligated balances and extensive program
delays, the conferees agree to provide $41,000,000 for Rescue
21 instead of $91,000,000 as proposed by the House and
$81,000,000 as proposed by the Senate.
ALTERATION OF BRIDGES
The conferees agree to provide $15,000,000 as proposed by
both the House and Senate. Within this total, funds shall be
allocated as follows:
Chelsea Street Bridge in Chelsea, Massachusetts....... $2,500,000
Canadian Pacific Railroad Bridge in La Crosse, 2,000,000
Wisconsin............................................
Fourteen Mile Bridge, Mobile, Alabama................. 6,000,000
Galveston Railway Bridge, Galveston, Texas............ 2,500,000
Burlington Northern Santa Fe Bridge in Burlington, 1,000,000
Iowa.................................................
Elgin, Joliet, and Eastern Railway Company Bridge, 1,000,000
Morris, Illinois.....................................
-----------------
Total............................................. 15,000,000
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The conferees agree to provide $17,750,000 instead of
$18,500,000 as proposed by the Senate. The House proposed
$17,000,000 within the Science and Technology Directorate. The
conferees expect the Commandant of the Coast Guard to continue
to coordinate with the Under Secretary for Science and
Technology on research and development activities.
RETIRED PAY
The conferees agree to provide $1,014,080,000 as proposed
by both the House and the Senate.
United States Secret Service
SALARIES AND EXPENSES
The conferees agree to provide $1,208,310,000 instead of
$1,228,981,000 as proposed by the House and $1,188,638,000 as
proposed by the Senate. This includes: $2,500,000, to remain
available until September 30, 2007, for Secret Service costs
related to National Special Security Events; $39,600,000 to
support investigations of electronic crimes; and $7,889,000 for
activities relating to the National Center for Missing and
Exploited Children, including $2,389,000 for forensic support.
Funds shall be allocated as follows:
Protection:
Protection of persons and facilities.............. $576,316,000
National Special Security Event Fund.............. 2,500,000
Protective intelligence activities................ 56,215,000
White House mail screening........................ 16,365,000
-----------------
Subtotal, Protection............................ 651,396,000
Field operations:
Domestic field operations......................... 238,888,000
International field office administration, 20,968,000
operations and training..........................
Electronic crimes special agent program and 39,600,000
electronic crimes task forces....................
-----------------
Subtotal, Field operations...................... 299,456,000
Administration:
Headquarters, management and administration....... 203,232,000
National Center for Missing and Exploited Children 7,889,000
-----------------
Subtotal, Administration........................ 211,121,000
Training:
Rowley Training Center............................ 46,337,000
=================
Total, Salaries and Expenses.................... 1,208,310,000
NATIONAL SPECIAL SECURITY EVENTS
The conferees agree to provide $2,500,000 for the costs
associated with National Special Security Events (NSSEs),
instead of $10,000,000 as proposed by the House and no funds as
proposed by the Senate. When combined with an unobligated
balance of $2,329,000 from fiscal year 2005 appropriations, a
total of $4,829,000 is available for NSSEs; funds appropriated
in this Act for this purpose are made available through
September 30, 2007. The conferees are aware of additional funds
available through the Counterterrorism Fund, which may be made
available for this purpose. The conferees are disappointed with
the Secret Service's lack of budgetary planning for the costs
associated with security operations for NSSEs. Despite the
considerable growth in size, complexity, and cost of NSSEs
since their inception, the Secret Service has not effectively
managed the resource impact of these events. The conferees
prohibit the obligation of funds provided under this heading
until the Committees on Appropriations receive a current NSSE
budget model, as described in the House report.
WORKLOAD REBALANCING
The conferees note the unacceptably high workload of
personnel that has resulted from the significant increase in
the scope of the Secret Service's dual mission. An average
overtime rate of 80 hours per special agent per month has
arisen from a constantly evolving, post-9/11 threat
environment; a three-fold increase in the number of protectees
since 9/11; proliferation of identity theft and electronic
crime; the occurrence of increasingly complex NSSEs; and
support of Departmental missions such as critical
infrastructure protection and cyber security. The conferees
believe current workload conditions are unsustainable and
direct the Secret Service to submit a workload rebalancing
report as described within the House report no later than
February 10, 2006.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees agree to provide $3,699,000 as proposed by
both the House and Senate.
TITLE III--PREPAREDNESS AND RECOVERY
PREPAREDNESS
Management and Administration
The conferees agree to provide $16,079,000 for management
and administration of the Preparedness Directorate. Included in
this amount is $13,187,000 for the Office of the Under
Secretary for Preparedness; $2,000,000 for the Office of the
Chief Medical Officer, as proposed in the Secretary's
organizational restructuring plan submitted on July 13, 2005;
and $892,000 for the Office of National Capital Region
Coordination, including half year funding for two new staff.
The conferees encourage the Office of National Capital Region
Coordination to detail these personnel to the Homeland Security
Operations Center if appropriate and necessary.
The conferees establish this new account in response to
the Secretary's organizational restructuring plan submitted on
July 13, 2005, and include resources previously provided under
the Office of the Under Secretary for Information Analysis and
Infrastructure Protection (IAIP); the Office of the Under
Secretary for Border and Transportation Security; the Office of
State and Local Government Coordination and Preparedness; and
the Office of National Capital Region Coordination previously
funded in the Office of the Secretary and Executive Management.
The conferees understand the newly created Preparedness
Directorate will assess and prioritize policies and operations
to enhance preparedness for a natural disaster or terrorist
attack. The conferees direct this Directorate to work with the
Director of FederalEmergency Management Agency to continue an
all-hazard approach for preparation, response and recovery to any type
of disaster.
Office for Domestic Preparedness
SALARIES AND EXPENSES
The conferees agree to provide $5,000,000 for Office for
Domestic Preparedness (ODP) salaries and expenses.
STATE AND LOCAL PROGRAMS
The conferees agree to provide $2,501,300,000 instead of
$2,831,400,000 as proposed by the House and $2,714,300,000 as
proposed by the Senate. State and Local Programs funding is
allocated as follows:
State Formula Grants:
State Homeland Security Grant Program............. $550,000,000
Law Enforcement Terrorism Prevention.............. 400,000,000
Subtotal, State Formula Grants.................. 950,000,000
Discretionary Grants:
High-Threat, High-Density Urban Area.............. 765,000,000
Rail and Transit Security......................... 150,000,000
Port Security..................................... 175,000,000
Buffer Zone Protection Plan....................... 50,000,000
Intercity Bus Security............................ 10,000,000
Trucking Security..................................... 5,000,000
-----------------
Subtotal, Discretionary Grants.................. 1,155,000,000
Commercial Equipment Direct Assistance Program........ 50,000,000
National Programs:
National Domestic Preparedness Consortium......... 145,000,000
National Exercise Program......................... 52,000,000
Metropolitan Medical Response System.............. 30,000,000
Technical Assistance.............................. 20,000,000
Demonstration Training Grants..................... 30,000,000
Continuing Training Grants........................ 25,000,000
Citizen Corps..................................... 20,000,000
Evaluations and Assessments....................... 14,300,000
Rural Domestic Preparedness Consortium............ 10,000,000
-----------------
Subtotal, National Programs..................... 346,300,000
=================
Total, State and Local Programs....................... 2,501,300,000
For purposes of eligibility for funds under this heading,
any county, city, village, town, district, borough, parish,
port authority, transit authority, intercity rail provider,
commuter rail system, freight rail provider, water district,
regional planning commission, council of government, Indian
tribe with jurisdiction over Indian country, authorized tribal
organization, Alaska Native village, independent authority,
special district, or other political subdivision of any state
shall constitute a ``local unit of government.''
The conferees expect ODP to continue all current overtime
reimbursement practices. The conferees continue bill language
prohibiting the use of funds for construction, except for Port
Security, Rail and Transit Security, and the Buffer Zone
Protection Plan grants. Bill language is included, however, to
allow State Homeland Security Grant Program (SHSGP), Law
Enforcement Terrorism Prevention Program (LETPP), and High-
Threat, High-Density Urban Area grants to be used for minor
perimeter security projects and minor construction or
renovation of necessary guard facilities, fencing, and related
efforts, not to exceed $1,000,000 as deemed necessary by the
Secretary. The conferees further agree that the erection of
communication towers, which are included in a jurisdiction's
interoperable communications plan, does not constitute
construction for the purposes of this Act.
In addition, the conferees include bill language
requiring the Government Accountability Office (GAO) to review
the validity of the threat and risk factors, and the
application of those factors in the allocation of funds
provided to ODP, and to report to the Committees on
Appropriations by November 17, 2005, on the results of this
review. The Department is required to provide GAO with the
necessary information within seven days of enactment of this
Act to ensure that this review does not impact the allocation
of grants to state and local entities. Further, the conferees
direct GAO to review the validity of the threat and risk
factors used to allocate discretionary grants, including a
project-by-project analysis of grants to non-profit
organizations, in fiscal years 2003, 2004, and 2005, and report
to the Committees on Appropriations by May 5, 2006, on the
results of this review.
The conferees are concerned with the length of time, some
in excess of three years, which certain State and local
jurisdictions take to fully expend grant funds. The conferees
direct the Department to report, by February 10, 2006, on the
status of all open grants made prior to fiscal year 2003,
including the specific reasons why the grant dollars have not
yet been expended. Further, the report should include
recommendations on actions being taken to ensure grant funds
are spent in a timely manner and include an update on the
execution of recommendations of the Task Force on State and
Local Homeland Security Funding Report, dated June 2004.
The conferees agree that for State Formula Grants and
High-Threat, High-Density Urban Areas grants, application kits
shall be made available within 45 days after the start of
fiscal year 2006, states shall have 90 days to apply after the
grant is announced, and ODP shall act on an application within
90 days of its receipt. The conferees further agree that no
less than 80 percent of these funds shall be passed by the
state to local units of government within 60 days of the state
receiving funds. Not to exceed three percent of grant funds may
be used for administrative expenses.
STATE FORMULA GRANTS
The conferees agree to provide $550,000,000 for SHSGP
instead of $800,100,000 as proposed by the House. The Senate
proposed $1,538,000,000 for State and Local Assistance,
combining SHSGP and High-Threat, High-Density Urban Area Grants
into a single account. The conferees also provide $400,000,000
for LETPP as proposed by both the House and Senate.
DISCRETIONARY GRANTS
The conferees agree to provide $1,155,000,000 instead of
$1,190,000,000 as proposed by the House. The Senate proposed
$1,538,000,000 for State and Local Assistance, combining SHSGP
and High-Threat, High-Density Urban Area Grants into a single
appropriation, and provided $365,000,000 for Transportation and
Infrastructure Grants in a separate appropriation. Of the funds
provided, $765,000,000 is made available to the Secretary for
discretionary grants to high-threat, high-density urban areas,
including $25,000,000 for grants to non-profit organizations
determined by the Secretary to be at high risk of international
terrorist attacks as proposed by the Senate. The Secretary may
not delegate this determination authority and must certify the
threat to each grantee three days prior to the announcement of
a grant award. The conferees believe the Secretary should
consider, as it relates to the grant allocation
methodology,tourism destinations that attract tens of millions of
visitors annually as potentially high risk targets.
Despite the consolidation of select transportation and
infrastructure security grant award functions, Transportation
Security Administration (TSA) and Infrastructure Protection and
Information Security (IPIS) shall retain operational subject
matter expertise of these grants and will be fully engaged in
the administration of related grant programs.
PORT SECURITY
The conferees agree to provide $175,000,000 instead of
$150,000,000 as proposed by the House and $200,000,000 as
proposed by the Senate. The conferees direct ODP to ensure all
port security grants are coordinated with the state, local port
authority, and the Captain of the Port so all vested parties
are aware of grant determinations and that limited resources
are maximized. The conferees encourage the Secretary to
consider the proximity of existing liquefied natural gas
facilities and liquefied petroleum vessels among the risk
factors when deciding eligibility for port security grant
funding.
RAIL AND TRANSIT SECURITY
The conferees agree to provide $150,000,000 as proposed
by the House instead of $100,000,000 as proposed by the Senate.
ODP shall continue to work with TSA to develop a robust rail
and transit security program and with the Science and
Technology Directorate (S&T) on the identification of possible
research and design requirements for rail and transit security.
The conferees are concerned by a recent ODP risk
assessment that highlights the need for redundant transit
operation control abilities in the national capital region to
maintain federal government continuity of operations. The
conferees direct ODP to submit a report no later than February
10, 2006, on the steps that may be taken to ensure this
deficiency is addressed.
COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM
The conferees agree to provide $50,000,000 as proposed by
both the House and Senate. The conferees concur with both the
House and Senate report language on the Commercial Equipment
Direct Assistance Program.
The conferees encourage ODP to work with the Department
of Defense (DOD) to ensure promising technologies, such as skin
decontamination kits currently in use by DOD, are made
available on the commercial market for purchase by state and
local agencies responsible for homeland security.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
The conferees agree to provide $145,000,000 as proposed
by the Senate instead of $125,000,000 as proposed by the House.
This funding shall be allocated in accordance with the Senate
report.
METROPOLITAN MEDICAL RESPONSE SYSTEM
The conferees agree to provide $30,000,000 instead of
$40,000,000 as proposed by the House and $10,000,000 as
proposed by the Senate.
TECHNICAL ASSISTANCE
The conferees agree to provide $20,000,000 as proposed by
both the House and Senate. The conferees recognize the
importance of interoperable communications standards, which are
critical to the Department's efforts to improve communications
nationally. The conferees direct the Under Secretary for
Science and Technology (S&T) to expedite the development of
these standards, and coordinate with ODP to ensure ODP's
technical assistance program incorporates these standards, as
appropriate, and as spelled out in the Memorandum of Agreement
between S&T and ODP.
The conferees note there is no existing capability for
real-time exchange of information at the regional or interstate
levels regarding equipment and supplies inventory, readiness,
or the compatibility of equipment. The conferees encourage ODP
to review the use of logistic centers to consolidate State and
local assets, provide life-cycle management and maintenance of
equipment, allow for easy identification and rapid deployment
during an incident, and allow for the sharing of inventories
across jurisdictions.
DEMONSTRATION TRAINING GRANTS
The conferees agree to provide $30,000,000 as proposed by
the Senate instead of $35,000,000 as proposed by the House. The
conferees are concerned, while terrorism prevention is a
national priority, little is being done to create prevention
expertise in our nation's first responders. Without well
developed terrorism prevention plans, state and local agencies
lack a key piece in the fight against terrorism. The conferees
encourage ODP to create a terrorism prevention certificate
training program that will enable graduates to help their
communities or organizations develop the necessary terrorism
prevention plans.
CONTINUING TRAINING GRANTS
The conferees agree to provide $25,000,000 as proposed by
the Senate instead of $30,000,000 as proposed by the House.
CITIZEN CORPS
The conferees agree to provide $20,000,000 instead of
$40,000,000 as proposed by the House and $25,000,000 as
proposed by the Senate. Mobilizing communities and citizens to
assist law enforcement in preventing acts of terrorism is as
important as preparing communities and citizens to respond to a
terrorist incident. The conferees are aware of the work the
Citizen Corps has done in partnership with the National Crime
Prevention Council (NCPC) in organizing comprehensive community
planning. The conferees encourage ODP to continue to emphasize
prevention in all of its programs and to work with the NCPC.
RURAL DOMESTIC PREPAREDNESS CONSORTIUM
The conferees agree to provide $10,000,000 as proposed by
the House. The Senate included no similar provision. The
conferees direct ODP to continue thedevelopment of specialized
and innovative training curricula for rural first responders and ensure
the coordination of such efforts with existing ODP training partners.
INTEROPERABLE COMMUNICATIONS
The conferees concur with the Senate report language
regarding interoperable communication implementation plans.
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 8
The conferees concur with the House report language
regarding Homeland Security Presidential Directive 8
implementation; however, ODP shall issue the final National
Preparedness Goal no later than December 31, 2005, and complete
the National Preparedness Assessment and Reporting System no
later than September 30, 2006.
EMERGENCY MEDICAL SERVICES
The conferees are very concerned with the lack of first
responder grant funding being provided to the Emergency Medical
Services (EMS) community. The conferees direct ODP to require
state and local governments to include EMS representatives in
planning committees as an equal partner and to facilitate a
nationwide EMS needs assessment. The conferees do not mandate
that a certain percentage of grant funds be allocated to any
one type of first responders. However, the conferees direct ODP
to evaluate how much money goes to EMS providers and to require
an explanation from any state not providing at least ten
percent of its grant funding to EMS providers to better train
and equip them to provide critical life-saving assistance in
the event of a chemical, biological, radiological, or explosive
event.
CATASTROPHIC PLANNING
The conferees note the tragic events in the wake of
Hurricane Katrina indicate the importance of preparation and
having plans in place to deal with catastrophic events. It is
imperative all states and Urban Area Security Initiative
grantees ensure there are sufficient resources devoted to
putting in place plans for the complete evacuation of
residents, including special needs groups in hospitals and
nursing homes, or residents without access to transportation,
in advance of and after such an event, as well as plans for
sustenance of evacuees.
The conferees direct the Secretary to report on the
status of catastrophic planning, including mass evacuation
planning in all 50 states and the 75 largest urban areas by
February 10, 2006. The report should include certifications
from each state and urban area as to the exact status of plans
for evacuations of entire metropolitan areas in the state and
the entire state, the dates such plans were last updated, the
date exercises were last conducted using the plans, and plans
for sustenance of evacuees.
ELIGIBILITY
The conferees urge the Department to work with state and
local governments to ensure regional authorities, such as port,
transit, or tribal authorities are given due consideration in
the distribution of State Formula Grants.
RAPID DECONTAMINATION PREPAREDNESS
The conferees are concerned with the lack of planning and
preparation for a rapid decontamination response in the event
of a large scale biological or chemical attack. The conferees
direct ODP, in consultation with S&T, the Environmental
Protection Agency, and other relevant federal agencies, to
report, not later than February 10, 2006, on the feasibility
and plan for establishing a regionally based, pre-positioned
rapid response capability for the decontamination of biological
and chemical agents based on technologies that meet the
decontamination standards for those agents.
EFFECTIVENESS SURVEY
The conferees direct the Secretary to comply with section
522 of the Senate bill with regard to a survey of state and
local government emergency officials.
FIREFIGHTER ASSISTANCE GRANTS
The conferees agree to provide $655,000,000 instead of
$650,000,000 as proposed by the House and $665,000,000 as
proposed by the Senate. Of this amount, $110,000,000 shall be
for firefighter staffing, as authorized by section 34 of the
Federal Fire Prevention and Control Act of 1974, instead of
$75,000,000 as proposed by the House and $115,000,000 as
proposed by the Senate.
The conferees are concerned by the Department's proposed
shift in grant focus from all-hazards to placing a priority on
terrorism, and the proposed deletion of several eligible
activities, specifically, wellness and fitness programs,
emergency medical services, fire prevention programs, public
education programs, and modifications of facilities for health
and safety of personnel. The Department shall continue the
current practice of funding applications according to local
priorities and those established by the United States Fire
Administration (USFA), continue direct funding of grants to
fire departments, continue the peer review process for
determining funding awards, reinstate all previously eligible
funding areas, and include the USFA during grant
administration. The conferees further agree to make $3,000,000
available for implementation of section 205(c) of Public Law
108-169, the United States Fire Administration Reauthorization
Act of 2003.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The conferees agree to provide $185,000,000 instead of
$180,000,000 as proposed by the House and $190,000,000 as
proposed by the Senate. The conferees agree Emergency
Management Performance Grants (EMPGs) are vital to state and
local emergency management systems. The Department shall
continue funding personnel expenses without a limit and
continue current grant administrative practices, including
grant allocation and a focus on all-hazards, in a manner
identical to fiscal year 2005. The conferees agree ODP shall
continue to include the Federal Emergency Management Agency
(FEMA) subject matter experts in the review of EMPG
applications, determinations of eligibility, and making award
determinations. Furthermore, the conferees expect FEMA regional
emergency managers' relationship with state and local
governments to continue and expect ODP to work with all State
Administrating Agencies to ensure funds reach the emergency
management communities as quickly as possible.
Radiological Emergency Preparedness Program
The conferees agree to provide for the receipt and
expenditure of fees collected, as authorized by Public Law 105-
276 and as proposed by both the House and Senate. The conferees
move these programs from the Emergency Preparedness and
Response Directorate to the Preparedness Directorate, as
proposed in the Secretary's organizational restructuring plan
dated July 13, 2005.
United States Fire Administration and Training
The conferees agree to provide $44,948,000 for the United
States Fire Administration and Training. Of this amount,
$4,507,000 is for the Noble Training Center. The conferees move
these programs from the Emergency Preparedness and Response
Directorate to the Preparedness Directorate, as proposed in the
Secretary's organizational restructuring plan dated July 13,
2005. The conferees concur with Senate report language on the
preparedness of local fire departments; however, the report
shall be provided by March 1, 2007, instead of February 18,
2006.
Infrastructure Protection and Information Security
The conferees agree to provide $625,499,000 for
infrastructure protection and information security (IPIS)
programs. The conferees move IPIS programs from Information
Analysis and Infrastructure Protection (IAIP), Management and
Administration and Evaluations and Assessments, to the
Preparedness Directorate, as proposed in the Secretary's
organizational restructuring plan submitted on July 13, 2005.
Funding is allocated as follows:
Management and Administration......................... $83,342,000
Critical Infrastructure Outreach and Partnership...... 112,177,000
Critical Infrastructure Identification and Evaluation. 68,500,000
National Infrastructure Simulation and Analysis Center 20,000,000
Biosurveillance....................................... 14,100,000
Protective Actions.................................... 91,399,000
Cyber Security........................................ 93,349,000
National Security/Emergency Preparedness 142,632,000
Telecommunications...................................
-----------------
Total............................................. 625,499,000
Management and Administration
The conferees agree to provide $83,342,000 for Management
and Administration. The conferees have reduced Management and
Administration funding based on a continuing large number of
personnel vacancies. The conferees do not believe the IPIS will
reach its fully authorized full-time equivalent levels by the
end of fiscal year 2005 and have reduced fiscal year 2006
funding accordingly.
Critical Infrastructure Outreach and Partnership
The conferees agree to provide $112,177,000 instead of
$62,177,000 as proposed by the House and $126,592,000 as
proposed by the Senate. Included in this amount is $50,000,000
for the National Center for Critical Information Processing and
Storage (NCCIPS) for data center services for critical
infrastructure information, including development, operations,
and maintenance of the Center. The conferees direct a report,
no later than February 10, 2006, on the progress of further
developing NCCIPS.
Critical Infrastructure Identification and Evaluation
The conferees agree to provide $68,500,000 instead of
$77,173,000 as proposed by the House and $59,903,000 as
proposed by the Senate. Included in this amount is $7,500,000
for the Comprehensive Review directed in the House Report 109-
79 and $20,000,000 for the National Asset Database.
Chemical Facility Security
The conferees direct the Secretary to complete
vulnerability assessments of the highest risk chemical
facilities in the United States by December 2006. In
determining which facilities to assess, the Secretary should
give preference to facilities that, if attacked, pose the
greatest threat to human life and the economy. The conferees
also direct the Department to complete a national security
strategy for the chemical sector by February 10, 2006.
National Infrastructure Simulation and Analysis Center (NISAC)
The conferees agree to provide $20,000,000 instead of
$16,000,000 as proposed by the House and $21,000,000 as
proposed by the Senate. The conferees agree that Sandia and Los
Alamos National Laboratories shall continue to develop the
NISAC and be the lead entities in securing the Nation's
critical infrastructure.
Cyber Security
The conferees agree to provide $93,349,000, including
$30,000,000 to continue National cyber security exercises and
outreach. The conferees strongly support cyber partnerships
among federal, state, local agencies, and the private sector
that demonstrate the ability to transfer technologies from
federal laboratories and package them into tools, training, and
technical assistance to meet and enhance the demands of
federal, state, and local end users. Included in the amount
provided is the budget request level for United States Computer
Emergency Readiness Team operations.
Counterterrorism Fund
The conferees agree to provide $2,000,000 instead of
$10,000,000 as proposed by the House and $3,000,000 as proposed
by the Senate. The conferees expect the Secretary to provide
written notification to the Committees on Appropriations upon
the designation of a National Special Security Event. The
written notification shall include the following information:
location and date of the event, federal agencies involved in
the protection and planning of the event, the estimated federal
costs of the event, and the source of funding to cover the
anticipated expenditures.
Federal Emergency Management Agency
ADMINISTRATIVE AND REGIONAL OPERATIONS
The conferees agree to provide $221,240,000 instead of
$227,747,000 as proposed by the House and $220,747,000 as
proposed by the Senate. Within these funds, the conferees agree
to provide $4,306,000 for the office of the Director of the
Federal Emergency Management Agency (FEMA) and $5,000,000 for
the Document Management Support Program.
The conferees are concerned with administrative actions
being taken to close FEMA's Pacific Area Office (PAO). The PAO
provides the primary federal response to disasters throughout
the Pacific Islands. Given the PAO's proximity to the other
Pacific Islands within Region IX and the specialized knowledge
of its staff on the islands' geography and cultures, the
conferees direct FEMA to continue to operate the PAO.
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY
The conferees agree to provide $204,058,000 instead of
$249,499,000 as proposed by the House and $193,899,000 as
proposed by the Senate. No funding is provided for Nuclear
Incident Response as proposed by the Senate. Within these
funds, the conferees agree to provide $20,000,000 for
catastrophic planning. The conferees do not agree to rescind
$9,600,000 as proposed by the Senate. Within the funds provided
for catastrophic planning, the conferees agree FEMA shall
reimburse non-governmental organizations with cooperating
agency responsibilities under the Department's National
Response Plan (NRP) and Catastrophic Incident Annex/Supplement
(CIA/S) for planning activities required by the NRP-CIA/S,
provided costs do not exceed $5,000,000. Further, the Secretary
is directed to include these costs in future budget
submissions. The conferees concur with Senate bill language
encouraging acquisition of an integrated mobile medical system.
The conferees are aware FM broadcast radio infrastructure
and public television stations are moving forward with several
Integrated Public Alert and Warning System programs towards a
national alert and warning policy and architecture and
encourage FEMA to support these efforts.
Urban Search and Rescue
Of the funds provided for Preparedness, Mitigation,
Response, and Recovery, the conferees agree to provide
$20,000,000 for urban search and rescue instead of $7,000,000
as proposed by the House and $30,000,000 as proposed by Senate.
The conferees direct the Secretary to provide a report by
February 10, 2006, on the total costs in fiscal years 2005,
2006, and proposed for 2007 to operate and train the 28 Urban
Search and Rescue teams, the cost to maintain the first
equipment cache, the cost to maintain the second equipment
cache, the cost to replace expiring drugs, the costs to
replace/repair equipment that has been used in training or
actual disasters, and all other costs of the program. The
report should include state, local and Federal costs and an
assessment of the appropriate share for each level of
government.
National Incident Management System
Of the funds provided for Preparedness, Mitigation,
Response, and Recovery, the conferees agree to provide
$22,000,000 for the National Incident Management System (NIMS)
as proposed by the House. The conferees direct FEMA to use no
less than $10,000,000 to continue to implement NIMS nationwide,
with a focus specifically on standards identification, testing
and evaluation of equipment, and gap and lessons learned
identification.
EMERGENCY STRUCTURES
Of the funds provided for Preparedness, Mitigation,
Response, and Recovery, the conferees agree to provide
$4,000,000 for emergency structures as proposed by the House.
The Department is strongly encouraged to begin to utilize
structures that can be stacked for economical shipping and
storage, expanded during assembly to increase useable space,
and returned to their original dimensions when disassembled.
The structures should also be suitable to address
infrastructure needs, such as offices, schools, medical
centers, and other public buildings, and sturdy enough to
ensure multiple reuse in future deployments. The conferees
believe this innovative and higher quality structure should
provide substantial cost-savings over time to the federal
government through effective multiple reuse, and will enhance
current response and recovery activities well beyond the semi-
disposable products currently being used. The conferees direct
FEMA to commence this new activity immediately and to ensure
emergency housing and infrastructure requirements are submitted
with their fiscal year 2007 budget request.
MASS EVACUATIONS
The conferees recognize that state and local governments
must develop multi-state and multi-jurisdictional plans in the
event that a mass evacuation takes place from an urban area to
neighboring rural areas. The conferees direct the Department,
through the Catastrophic Disaster Planning Program, to develop
coordinated guidelines for state and local governments as they
develop mass evacuation plans. Plans should include, where
appropriate, the pre-positioning of items that will be required
during a mass evacuation, such as food, water, medicine and
interoperable communications equipment. The Department is
encouraged to consider the need for such pre-positioned
equipment in allocating first responder funds.
CRISIS COUNSELING
The conferees understand the Crisis Counseling Program,
funded to provide mental health services for first responders
who responded to the attacks of 9/11 ended September 30, 2005.
Further, the conferees understand New York City will provide
similar services to those who continue to need services. In
order to ensure first responders continue to receive mental
health and other services, the conferees direct FEMA to provide
a report on the transition of these services from federal to
city administration by February 10, 2006.
PUBLIC HEALTH PROGRAMS
The conferees agree to provide $34,000,000 as proposed by
both the House and Senate.
DISASTER RELIEF
The conferees agree to provide $1,770,000,000 instead of
$2,000,000,000 as proposed by the House and $1,920,000,000 as
proposed by the Senate. The confereesconcur with House report
language on Disaster Relief Fund overpayments; however, the report
shall be provided by June 1, 2006, instead of March 15, 2006.
The conferees agree the Secretary shall provide clear,
concise, and uniform guidelines for the reimbursement to any
county or government entity affected by a hurricane on the
costs of hurricane debris removal.
The conferees agree the Secretary shall submit to the
Committees on Appropriations a report describing any changes to
federal emergency preparedness and response policies and
practices as a result of the Inspector General's report (OIG-
05-20) related to Hurricane Frances.
The conferees agree that, not later than 90 days from the
date of enactment of this Act, the Secretary shall issue new
guidelines to prohibit inspectors from entering into a contract
for the sale of any house or household item he or she
inspected. The guidelines shall apply to those performing
inspections that determine eligibility for assistance from
FEMA.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
The conferees agree to provide $567,000 for
administrative expenses as proposed by both the House and
Senate. Gross obligations for the principal amount of direct
loans shall not exceed $25,000,000 as proposed by both the
House and Senate.
FLOOD MAP MODERNIZATION FUND
The conferees agree to provide $200,000,000 as proposed
by both the House and Senate. The conferees recognize the
importance of the Flood Map Modernization Program to state and
local governments. When allocating federal flood mapping
modernization funds, the conferees encourage FEMA to prioritize
as criteria the number of stream and coastal miles within the
state, the Mississippi River Delta region, and the
participation of the state in leveraging non-federal
contributions. The conferees further direct FEMA to recognize
and support those states that integrate the Flood Map
Modernization Program with other state programs to enhance
greater security efforts and capabilities in the areas of
emergency management, transportation planning and disaster
response. The conferees recognize the usefulness of updated
flood maps in state planning, and encourage this efficient use
of federal dollars. This is in addition to direction contained
in the House and Senate reports.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $36,496,000 for salaries
and expenses as proposed by both the House and Senate. The
conferees further agree to provide up to $40,000,000 for severe
repetitive loss property mitigation expenses pursuant to
section 1361A of the National Flood Insurance Act (NFIA) of
1968; $10,000,000 for flood mitigation activities pursuant to
section 1323 of the NFIA; and up to $99,358,000 for other flood
mitigation activities, of which up to $40,000,000 is available
for transfer to the National Flood Mitigation Fund. The
conferees further agree on limitations of $55,000,000 for
operating expenses, $660,148,000 for agents' commissions and
taxes, and $30,000,000 for interest on Treasury borrowings.
The conferees believe that, while the new flood
mitigation programs targeted at repetitive loss properties will
strengthen the solvency of the National Flood Insurance Fund in
the long-term, it is important to manage the short-term health
of the Fund as well. Therefore, the conferees direct FEMA, in
the execution of these programs, to manage the Fund in the most
appropriate manner in order to maintain solvency.
NATIONAL FLOOD MITIGATION FUND
The conferees agree to provide $40,000,000 by transfer
from the National Flood Insurance Fund as proposed by the House
instead of $28,000,000 as proposed by the Senate.
NATIONAL PREDISASTER MITIGATION FUND
The conferees agree to provide $50,000,000 instead of
$150,000,000 as proposed by the House and $37,000,000 as
proposed by the Senate. The conferees are concerned with the
current large unobligated balances in the National Predisaster
Mitigation Fund. The conferees understand FEMA intends to
obligate $118,000,000 of carryover funding in fiscal year 2005
and the remaining $130,000,000 by the end of fiscal year 2006.
The conferees support the Predisaster Mitigation program but
are concerned by the very slow pace of implementation and the
obligation of the funds.
EMERGENCY FOOD AND SHELTER
The conferees agree to provide $153,000,000 as proposed
by both the House and Senate.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
The conferees agree to provide $115,000,000, instead of
$120,000,000 as proposed by the House and $80,000,000 as
proposed by the Senate. The conference agreement includes
$80,000,000 for backlog elimination, as well as $35,000,000 to
support the U.S. Citizenship and Immigration Services (CIS)
information technology transformation effort and convert
immigration records into digital format. Current estimates of
fee collections are $1,774,000,000, for total resources
available to CIS of $1,889,000,000. The conferees direct that,
of these collections, not to exceed $5,000 shall be for
official reception and representation expenses. The conferees
do not require the Department to report on facility needs for
CIS.
The following table specifies funding by budget activity,
and includes both direct appropriations and estimated
collections:
Backlog Reduction Initiatives (Direct Appropriations):
Contracting Services (Backlog reduction).......... $70,000,000
Other (Backlog reduction)......................... 10,000,000
Digitization and Information Technology 35,000,000
Transformation...................................
-----------------
Subtotal, Backlog Reduction Initiatives......... 115,000,000
Adjudication Services (fee accounts):
Pay and Benefits.................................. 657,000,000
Operating Expenses:
District Operations............................... 349,000,000
Service Center Operations......................... 250,000,000
Asylum, Refugee and International Operations...... 74,000,000
Records operations................................ 66,000,000
-----------------
Subtotal, Adjudication Services................. 1,396,000,000
Information and Customer Services (fee accounts):
Pay and Benefits.................................. 80,000,000
Operating Expenses:
National Customer Service Center.................. 47,000,000
Information Services.............................. 14,000,000
-----------------
Subtotal, Information and Customer Services..... 141,000,000
Administration (fee accounts):
Pay and Benefits.................................. 44,000,000
Operating expenses................................ 193,000,000
-----------------
Subtotal, Administration........................ 237,000,000
=================
Total, U.S. Citizenship and Immigration Services...... 1,889,000,000
Information Technology Modernization
The conferees include $35,000,000 to support the
information technology transformation process at CIS. The
conferees direct CIS to refrain from obligating any of the
funds until the Committees on Appropriations have received and
approved a detailed spending plan, complete with project
milestones, and reflecting compliance with DHS and OMB
guidelines for information technology investments.
Spanish Language Programs
The conferees are aware CIS programs such as the National
Customer Service Center provide nationwide telephone assistance
to customers calling from within the United States about
immigration services and benefits; information is available in
English and Spanish. The conferees encourage CIS to continue to
support programs that provide Spanish-speaking residents with
information and assistance related to naturalization and
citizenship.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The conferees agree to provide $194,000,000 as proposed
by the House and the Senate. This amount includes the funds
requested in the budget and an additional $10,638,000 to meet
the increased training needs of the Border Patrol and
Immigration and Customs Enforcement.
The conferees are concerned with the lack of use of the
Cheltenham, Maryland, training site. The conferees direct the
Department to provide a report on the utilization rates of this
facility and make recommendations on how it intends to improve
usage no later than February 10, 2006.
The conferees do not provide authority to assess
pecuniary liability against employees and students.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees agree to provide $88,358,000 as proposed by
the Senate instead of $64,743,000 as proposed by the House. The
increase from the budget request includes $44,327,000 for
renovation and construction needs at the Artesia, New Mexico,
training center and $3,395,000 for construction at the Glynco,
Georgia, training center.
Information Analysis and Infrastructure Protection
MANAGEMENT AND ADMINISTRATION
The conferees agree to provide no funding for this
appropriation, as proposed in the Secretary's organizational
restructuring plan submitted on July 13, 2005, which abolished
Information Analysis and Infrastructure Protection (IAIP),
Management and Administration, instead of $190,200,000 as
proposed by the House and $168,769,000 as proposed by the
Senate. Funding for the functions currently performed by IAIP
are included under other appropriations in this Act, and are
identified accordingly.
ASSESSMENTS AND EVALUATIONS
The conferees agree to provide no funding for this
appropriation, as proposed in the Secretary's organizational
restructuring plan submitted on July 13, 2005, which abolished
IAIP, Assessments and Evaluations, instead of $663,240,000 as
proposed by the House and $701,793,000 as proposed by the
Senate. Funding for the functions currently performed by IAIP
are included under other appropriations in this Act, and are
identified accordingly.
Science and Technology
MANAGEMENT AND ADMINISTRATION
The conferees agree to provide $81,099,000 for management
and administration as proposed by the Senate instead of
$81,399,000 as proposed by the House. This amount includes
$6,479,000 for the immediate Office of the Under Secretary and
$74,620,000 for other salaries and expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
The conferees agree to provide $1,420,997,000 for
research, development, acquisition, and operations instead of
$1,208,597,000 as proposed by the House and $1,372,399,000 as
proposed by the Senate.
The following table specifies funding by budget activity:
Biological Countermeasures.............................. $380,000,000
Chemical Countermeasures................................ 95,000,000
Explosives Countermeasures.............................. 44,000,000
Threat and Vulnerability, Testing and Assessment........ 43,000,000
Conventional Missions................................... 80,000,000
Rapid prototyping program............................... 35,000,000
Standards............................................... 35,000,000
Emerging Threats........................................ 8,000,000
Critical Infrastructure Protection...................... 40,800,000
University Programs/Homeland Security Fellowship
Programs............................................ 63,000,000
Counter MANPADS......................................... 110,000,000
Safety Act.............................................. 7,000,000
Cyber Security.......................................... 16,700,000
Interoperability and Compatibility...................... 26,500,000
Research and Development Consolidation.................. 99,897,000
Radiological and Nuclear Countermeasures................ 19,086,000
Domestic Nuclear Detection Office....................... 318,014,000
--------------------------------------------------------
____________________________________________________
Total, Research, Development, Acquisition, and
Operations.......................................... 1,420,997,000
TECHNOLOGY DEVELOPMENT AND TRANSFER
The conferees do not provide separate funding for
Technology Development and Transfer as proposed by the House.
BIOLOGICAL COUNTERMEASURES
The conferees agree to provide $380,000,000 for
Biological Countermeasures instead of $360,000,000 as proposed
by the House and $384,300,000 as proposed by the Senate. The
conferees agree to provide $23,000,000 to select a site and
other pre-construction activities for the National Bio and
Agrodefense Facility.
AIR CARGO
Based on recommendations in Science and Technology's
(S&T) system engineering study of civil aviation security, the
conferees direct $30,000,000 be used to conduct three cargo
screening pilot programs--one at an all cargo airport facility
and two at passenger cargo airports (top twenty in size)--to
test different concepts of operation, as described in the House
report. The conferees expect S&T to utilize TSA airport
management staff to manage the oversight and day-to-day
operations of these pilot programs to the greatest extent
possible. One of the pilots should test whether a significant
amount of cargo can be screened in the terminal using existing
checked baggage security infrastructure. The conferees also
expect S&T to locate these pilots at airport or airline
facilities willing to contribute both physical space and other
resources to this effort. The conferees direct S&T to begin all
pilots in fiscal year 2006, to report on the initial results of
the pilots every six months after initiation of the first
pilot, and to report on the final results four months after the
last pilot is completed.
RADIOLOGICAL AND NUCLEAR COUNTERMEASURES
The conferees agree to provide $19,086,000 for
Radiological and Nuclear Countermeasures as proposed by the
House instead of $226,000,000 as proposed by the Senate for
Incident Management and Recovery, and Attribution and Forensics
on Contaminated Evidence. Funding for all other Radiological
and Nuclear portfolio activities is transferred to the Domestic
Nuclear Detection Office.
DOMESTIC NUCLEAR DETECTION OFFICE
The conferees agree to provide $318,014,000 for the
Domestic Nuclear Detection Office (DNDO) instead of
$127,314,000 as proposed by both the House and the Senate. The
conferees direct not less than $81,000,000 of the amount
provided is for evolutionary and transformational radiological
and nuclear research and development activities. DNDO should
leverage its resources with existing institutions, such as
national labs and the research and development community, where
practicable. In addition, $4,000,000 is included for deployment
of detection systems at interstate weigh stations. The amount
provided also includes $125,000,000, as proposed by the Senate
within the S&T ``Rad/Nuc'' research program and by the House
within the Customs and Border Protection ''Salaries and
Expenses'' account, for the testing, development, and
deployment of radiation portal monitors at the Nation's ports-
of-entry. Language is included in the bill making this amount
available until expended solely for this purpose.
Excluding funding for radiation portal monitors,
$144,760,500 may not be obligated until the Committees on
Appropriations receive and approve an expenditure plan prepared
by the Secretary and reviewed by the Government Accountability
Office. None of these funds shall be obligated for establishing
new programs, prototyping, or implementing a global systems
architecture until the Committees on Appropriations receive and
approve the expenditure plan. This plan shall include funding
by program, project, and activity for each of fiscal years 2006
through 2010 and an organizational staffing plan, including
contractors, full-time employee equivalents, and intra and
inter agency detailees. In addition, the conferees direct the
expenditure plan include a detailed description of the global
nuclear detection systems architecture and milestones and
costs, by fiscal year, for implementing the architecture. The
plan should also include identification of the roles, missions,
and responsibilities of DNDO as compared to the statutory
responsibilities of all Federal agencies involved in
radiological and nuclear detection and how the DNDO changes any
current roles, responsibilities, and functions of each involved
Federal partner in both the domestic and international arenas.
CONVENTIONAL MISSION SUPPORT
The conferees agree to provide $80,000,000 as proposed by
the House instead of $74,650,000 as proposed by the Senate. The
amount includes $25,000,000 for piloting aregional program for
Federal Emergency Management Agency/State and Locals, as proposed by
the Senate.
CONTAINER SECURITY AND MEGAPORTS INITIATIVE
The conferees support the budget request for container
security research activities. The conferees direct the
Department to provide a report, in conjunction with the U.S.
Department of Energy, by February 10, 2006, on the progress
made by both Departments on various radiation technology
efforts, the degree of coordination between the megaport
initiative and the Container Security Initiative, the types of
technology (both radiation detection and other non-intrusive
inspection technology) being deployed at specific locations,
and the extent to which next generation technology is being
explored and developed for future use.
BLAST RESISTANT RECEPTACLES
The conferees concur with the House report on blast
resistant receptacles.
CRITICAL INFRASTRUCTURE PROTECTION
The conferees agree to provide $40,800,000 for Critical
Infrastructure protection instead of $35,800,000 as proposed by
the House and $13,800,000 as proposed by the Senate. The
conferees recommend $20,000,000 to support existing work in
research, development and application of technology for
community based critical infrastructure protection efforts. The
conferees are concerned the Department lacks appropriate
assessment tools to help prioritize security risks for critical
infrastructure and urges S&T to examine well-established
scientific analysis tools commonly used in engineering and
design, including six sigma analysis.
RAPID PROTOTYPING
The conferees agree to provide $35,000,000 for Rapid
Prototyping instead of $30,000,000 as proposed by the House and
$20,900,000 as proposed by the Senate. The conferees support
the budget request and include additional funds of $4,000,000
to encourage further implementation of section 313 of the
Homeland Security Act of 2002, and to increase the speed
innovative products are being reviewed, certified, and released
to market. An additional $10,000,000 is provided to evaluate
emerging civil aviation defense technologies.
COUNTER MANPADS
The conferees agree to provide $110,000,000 as proposed
by the House and the Senate. The conferees do not support using
$10,000,000 of this amount for investigating alternative
technologies as proposed by the House.
INTEROPERABILITY AND COMPATIBILITY
The conferees agree to provide $26,500,000 for
Interoperability and Compatibility instead of $41,500,000 as
proposed by the House and $15,000,000 as proposed by the
Senate. The amount provided includes $5,000,000 for expanded
deployment of RapidCom, instead of $10,000,000 as proposed by
the House. The conferees concur with the House report language
regarding the Risk Assessment Policy Working Group. The
conferees direct the Office of Interoperability and
Compatibility (OIC) to work with the National Institute of
Standards and Technology and the U.S. Department of Justice to
require, when Project 25 equipment is purchased with such
funds, the equipment meets the requirements of a conformity
assessment program. The conferees further direct such a
conformity assessment program be funded by this appropriation
and be available by the end of fiscal year 2006. Consistent
with current SAFECOM guidelines, the conferees agree other
technologies can also be funded, but the grant applications
should present a compelling argument why the use of these other
technologies will improve the status quo of interoperability
with neighboring jurisdictions.
AGROTERRORISM
The conferees encourage the Department to work in
conjunction with USDA and HHS and other organizations on
agroterrorism and animal-based bioterrorism, including the
development and stockpiling of veterinary vaccines. The
conferees also encourage S&T to work with one or more states to
develop a model integrated agricultural response system,
utilizing geographic information systems that identify critical
agricultural infrastructure. Such a system should help prevent,
and mitigate the impact of, incidents.
NEW TECHNOLOGIES
The conferees believe new technologies may significantly
help the Department as it seeks to secure our homeland. The
conferees encourage the Department to develop such technologies
as lightweight miniature cooling systems for protective gear;
proteomic pathogen reference libraries; aquatic bioassessment;
airborne rapid response mapping; mobile and non-intrusive cargo
scanning; investments that focus on nuclear threats and
biological attacks, such as aerosolized pathogens and the
spread of zoonotic diseases as well as the spread of infectious
disease such as SARS and avian flu; real-time detection,
identification and assessment of chemical, biological, nuclear,
radiological, explosive and concealed threats; mitigating
hazardous material shipping violations; and leveraging
intelligent transportation systems.
NANOTECHNOLOGY
The conferees believe nanotechnology is a promising
technology that can contribute significantly in the defense
against terrorism. The conferees encourage S&T to pursue
research in nanotechnologies that may aid in the detection of
biological, chemical, radiological, and explosive agents; and
to consider ways to use these technologies for protecting
transit systems.
TUNNELS
The conferees support language in the House report and
section 524 of the Senate bill with regard to tunnel detection
technologies.
RESEARCH AND DEVELOPMENT CONSOLIDATION
The conferees agree to provide $99,897,000 as proposed by
the Senate instead of $116,897,000 as proposed by the House to
consolidate all research and development funding within S&T
with the exception of research and development activities of
the U.S. Coast Guard, which is to remain within that agency.
TITLE V--GENERAL PROVISIONS
Section 501. The conferees continue a provision that no
part of any appropriation shall remain available for obligation
beyond the current year unless expressly provided.
Section 502. The conferees continue a provision that
unexpended balances of prior appropriations may be merged with
new appropriations accounts and used for the same purpose,
subject to reprogramming guidelines.
Section 503. The conferees continue and modify a
provision that provides authority to reprogram appropriations
within an account and to transfer not to exceed five percent
between appropriations accounts with 15-day advance
notification of the Committees on Appropriations. A detailed
funding table identifying each Congressional control level for
reprogramming purposes is included at the end of this
statement. These reprogramming guidelines shall be complied
with by all agencies funded by the Department of Homeland
Security Appropriations Act, 2006.
The conferees expect the Department to submit
reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent position)
levels for the current fiscal year and to the levels requested
in the President's budget for the following fiscal year.
The conferees expect the Department to manage its
programs and activities within the levels appropriated. The
conferees are concerned with the number of reprogramming
proposals submitted for consideration by the Department and
remind the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
Further, the conferees note that when the Department submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding, and if reconciliation is not possible, to consider
the reprogramming or transfer request unapproved.
The Department is not to propose a reprogramming or
transfer of funds after June 30th unless there are exceptional
or extraordinary circumstances such that lives or property are
placed in imminent danger.
Section 504. The conferees include a new provision that
none of the funds appropriated or otherwise available to the
Department may be used to make payment to the Department's
Working Capital Fund, except for activities and amounts allowed
in section 6024 of Public Law 109-13, excluding the Homeland
Secure Data Network, as proposed by the Senate.
Section 505. The conferees continue a provision that not
to exceed 50 percent of unobligated balances remaining at the
end of fiscal year 2006 from appropriations made for salaries
and expenses shall remain available through fiscal year 2007
subject to reprogramming guidelines.
Section 506. The conferees continue a provision that
provides that funds for intelligence activities are deemed to
be specifically authorized during fiscal year 2006 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2006.
Section 507. The conferees continue and modify a
provision that directs the Federal Law Enforcement Training
Center (FLETC) to lead the Federal law enforcement training
accreditation process.
Section 508. The conferees continue and modify a
provision that requires notification of the Committees on
Appropriations three business days before any grant allocation,
discretionary grant award, discretionary contract award, letter
of intent, or public announcement of the intention to make such
an award totaling in excess of $1,000,000.
Section 509. The conferees continue a provision that no
agency shall purchase, construct, or lease additional
facilities for federal law enforcement training without advance
approval of the Committees on Appropriations.
Section 510. The conferees continue a provision that
FLETC shall schedule basic and/or advanced law enforcement
training at all four training facilities under its control to
ensure that these training centers are operated at the highest
capacity.
Section 511. The conferees continue a provision that none
of the funds may be used for any construction, repair,
alteration, and acquisition project for which a prospectus, if
required by the Public Buildings Act of 1959, has not been
approved.
Section 512. The conferees continue a provision that none
of the funds may be used in contravention of the Buy American
Act.
Section 513. The conferees include a new provision
requiring the Department to take actions to comply with the
second proviso of section 513 of Public Law 108-334 and to
submit a report to the Committees on Appropriations biweekly
beginning on October 1, 2005, if the Department is not in
compliance. Additionally, the Secretary shall take all possible
actions to increase the level of cargo screened beyond the
level mandated in section 513 of Public Law 108-334 and shall
report to the Committees on Appropriations every six months on
the actions taken and the quantity of air cargo inspected at
each airport.
Section 514. The conferees continue a provision that
allows TSA to impose a reasonable charge for the lease of real
and personal property to TSA employees.
Section 515. The conferees continue and make permanent a
provision that directs that the acquisition management system
of TSA be applied to the acquisition of services, equipment,
supplies, and materials.
Section 516. The conferees continue and modify a
provision related to the transfer of the authority to conduct
background investigations from the Office of Personnel
Management to DHS, as proposed by the House. The conferees are
concerned by delaysin personnel security and suitability
background investigations, update investigations and periodic
reinvestigations for Departmental employees and, in particular for
positions within the Office of the Secretary and Executive Management,
Office of the Under Secretary for Management, Analysis and Operations,
Immigration and Customs Enforcement, the Directorate of Science and
Technology, and the Directorate for Preparedness. The conferees direct
that this authority be used to expeditiously process background
investigations, including updates and reinvestigations, as necessary.
Section 517. The conferees continue and make permanent a
provision that exempts funds appropriated under paragraphs (1)
and (2) of the State and Local Programs heading under Title III
of this Act from the provisions of the Cash Management
Improvement Act of 1990.
Section 518. The conferees continue and modify a
provision to prohibit the obligation of funds for the Secure
Flight program, except on a test basis, until the requirements
of section 522 of Public Law 108-334 have been met and the
Government Accountability Office (GAO) has reviewed and made
certain certifications. The conferees direct the GAO to
continue to evaluate DHS and TSA actions to meet the ten
elements listed in section 522 of Public Law 108-334 and to
report to the Committees on Appropriations, either
incrementally as the Department meets additional elements, or
when all elements have been met by the Department. The
provision also prohibits the obligation of funds for a
commercial database that is obtained from or remains under the
control of a non-Federal entity, excluding Passenger Name
Record data obtained from air carriers.
Section 519. The conferees continue a provision that
directs that none of the funds may be used to amend the oath of
allegiance required by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448).
Section 520. The conferees continue a provision regarding
competitive sourcing.
Section 521. The conferees continue a provision that none
of the funds in this Act shall be available to maintain the
United States Secret Service as anything but a distinct entity
within the Department of Homeland Security and shall not be
used to merge the United States Secret Service with any other
department function, cause any personnel and operational
elements of the United States Secret Service to report to an
individual other than the Director of the United States Secret
Service, or cause the Director to report directly to any
individual other than the Secretary of Homeland Security.
Section 522. The conferees include a new provision that
none of the funds appropriated in this Act or by previous
appropriations Acts may be made available for the protection of
the head of a Federal agency other than the Secretary of
Homeland Security, unless the Secret Service is fully
reimbursed, as proposed by the Senate.
Section 523. The conferees include a new provision that
directs that the data storage facilities at the John C. Stennis
Space Center shall hereafter be known as the ``National Center
for Critical Information Processing and Storage,'' as proposed
by the Senate.
Section 524. The conferees include a new provision that
directs the Secretary to develop standards and protocols for
increasing the use of explosive detection equipment to screen
air cargo when appropriate, as proposed by the House and
modified by the conferees.
Section 525. The conferees include a new provision that
directs TSA to utilize existing checked baggage explosive
detection equipment and screeners to screen cargo on passenger
aircraft when practicable, as proposed by the House. The
provision directs TSA to submit a monthly report, starting in
August 2005, to the Committees on Appropriations on the amount
of cargo carried on passenger aircraft that was screened.
Section 526. The conferees include a new provision that
directs that none of the funds available for obligation in this
Act be used for the transportation worker identification
credential program to develop a personalization system that is
decentralized or a card production capability that does not
utilize an existing government card production facility, as
proposed by the House.
Section 527. The conferees include a new provision that
rescinds $78,630,689 for Integrated Deepwater System 110- to
123-foot patrol boats conversion found in the United States
Coast Guard ``Acquisition, Construction and Improvements''
account, as proposed by the House, and modified by the
conferees. The funds are re-appropriated towards the service
life extension of Island Class patrol boats and the design,
production, and long lead materials of the Fast Response
Cutter.
Section 528. The conferees include a new provision that
directs the Secretary to utilize the Transportation Security
Clearinghouse, which currently processes criminal history
background checks for airline and airport employees, as the
central identity management system for deployment and operation
of the registered traveler program and the transportation
worker identification credential program for the purposes of
collecting and aggregating biometric data necessary for
background vetting; providing all associated record-keeping,
customer service, and related functions; ensuring
interoperability between different airports and vendors; and
acting as a centralized aviation, revocation, and transaction
hub for participating airports, ports, and other points of
presence, as proposed by the House.
Section 529. The conferees include a new provision that
directs that only the privacy officer, appointed pursuant to
section 222 of the Homeland Security Act of 2002, may alter,
direct that changes be made to, delay or prohibit the
transmission of a privacy officer report to Congress, as
proposed by the House.
Section 530. The conferees include a new provision
requiring only those employees who are trained in contract
management to perform contract management, as proposed by the
House and modified by the conferees. The conferees note that an
Inspector General's report (OIG-05-18) on the Transportation
Security Operations Center found blatant mismanagement and
waste of taxpayer dollars. TSA employees managing this contract
did not have proper training. The conferees direct the
Secretary to ensure that this does not happen in the future.
Section 531. The conferees include a new provision that
directs that any funds appropriated or transferred to TSA
``Aviation Security'' and ``Administration'' in fiscal years
2004 and 2005, which are recovered or deobligated shall be
available only for procurement and installation of explosive
detection systems for air cargo, baggage and checkpoint
screening systems, subject to section 503 of this Act, as
proposed by the House and modified by the conferees.
Section 532. The conferees include a new provision
regarding the survey and designation of ports of entry in the
United States, as proposed by the Senate and modified by the
conferees.
Section 533. The conferees include a new provision
regarding FEMA's public assistance program and the City of Paso
Robles, California, as proposed by the House and modified by
the conferees.
Section 534. The conferees include a new provision
regarding FEMA's public assistance program and El Dorado
County, California, as proposed by the House and modified by
the conferees.
Section 535. The conferees include a new provision
regarding FEMA's public assistance program and the University
of Hawaii, Manoa campus.
Section 536. The conferees include a new provision
regarding H2A Visas.
Section 537. The conferees include a new provision on
Sensitive Security Information as proposed by the House and
modified by the conferees.
Section 538. The conferees provide $40,000,000 for
discretionary grants to States to implement the REAL ID Act of
2005 instead of $100,000,000 as proposed by the House and
$40,000,000 as proposed by the Senate within the Office of
State and Local Government Coordination and Preparedness. These
grants, to assist with the implementation of the national
standards for drivers' licenses, shall be made at the
discretion of the Secretary. Bill language is included
requiring the submission of an implementation plan for the
responsibilities of the Department of Homeland Security under
the recently enacted REAL ID Act of 2005 (Public Law 109-13).
This plan should include, but not be limited to, the proposed
uses of the funds, and the criteria to be used to approve the
extension of deadlines. The conferees include bill language
requiring that no less than $6,000,000 be made available for
pilot projects to begin immediately in order that lessons
learned and best practices might be made available to all
States as quickly as possible.
Section 539. The conferees include a new provision that
extends the authorization of the Working Capital Fund until
October 1, 2006.
Section 540. The conferees include a new provision
regarding fees for the registered traveler program.
Section 541. The conferees include a new provision
regarding liability protection for certain persons who report a
situation, activity or incident.
Section 542. The conferees include a new provision that
rescinds $15,000,000 from the Department of Homeland Security
Working Capital Fund, instead of $7,000,000 as proposed by the
House and $12,000,000 as proposed by the Senate under
Departmental Management and Operations.
Section 543. The conferees include a new provision that
rescinds $5,500,000 from unobligated balances previously
appropriated to the Transportation Security Administration,
``Aviation Security''. Of these funds, $3,000,000 shall be
rescinded from training and other activities and $2,500,000
shall be rescinded from checkpoint support.
Section 544. The conferees include a new provision that
rescinds $6,369,118 from previous Appropriations Acts for the
United States Coast Guard ``Operating Expenses'' and
``Acquisition, Construction and Improvements''. The Secretary
is directed to advise the Committees on Appropriations on the
distribution of the rescission prior to its implementation.
Section 545. The conferees include a new provision that
rescinds $8,000,000 from unobligated balances previously
appropriated to the Counterterrorism Fund.
Section 546. The conferees include a new provision that
rescinds $20,000,000 from unobligated balances previously
appropriated to Science and Technology, ``Research,
Development, Acquisition, and Operations''. The Secretary is
directed to advise the Committees on Appropriations on the
distribution of the rescission prior to its implementation.
Section 547. The conferees include a new provision on the
Transportation Security Administration's security screening
opt-out program.
Section 548. The conferees include a new provision on the
weekly reporting requirement directed in Public Law 109-62.
PROVISIONS NOT ADOPTED
The conference agreement deletes section 513 of the House
bill requiring the Coast Guard to provide Congress a list of
approved but unfunded priorities each year.
The conference agreement deletes section 519 of the
Senate bill reflecting the sense of the Senate on border
security. This requirement is addressed in the statement of
managers.
The conference agreement deletes section 520 of the
Senate bill providing emergency funds to the Veterans Health
Administration.
The conference agreement deletes section 521 of the
Senate bill requiring a report on the steps the Department has
taken to comply with the recommendations of the Inspector
General's report on the Port Security Grant Program. This
requirement is addressed in the statement of managers.
The conference agreement deletes section 522 of the
Senate bill requiring the Department to conduct a survey of
state and local government emergency officials on homeland
security related matters. This requirement is addressed in the
statement of managers.
The conference agreement deletes section 523 of the
Senate bill requiring a quadrennial review of homeland defense.
This requirement is addressed in the statement of managers.
The conference agreement deletes section 524 of the House
bill requiring the Department of Homeland Security to submit a
security plan to open general aviation at Ronald Reagan
Washington National Airport.
The conference agreement deletes section 524 of the
Senate bill reflecting the sense of the Senate on rail tunnel
security research. This requirement is addressed in the
statement of managers.
The conference agreement deletes section 525 of the
Senate bill encouraging the Secretary of Homeland Security to
designate one agency within the Department of Homeland Security
with the responsibility for managing man portable air defense
system countermeasures systems.
The conference agreement deletes section 526 of the
Senate bill directing the Secretary to provide a detailed
accounting of funds made available by Congress to New York City
and the State of New York as a result of the September 11,
2001, terrorist attacks.
A report on the transition of Crisis Counseling services
from FEMA to New York City is addressed in the statement of
managers.
The conference agreement deletes section 527 of the
Senate bill requiring a report on the risks and vulnerabilities
associated with general aviation. This requirement is addressed
in the statement of managers.
The conference agreement deletes section 528 of the
Senate bill requiring the submittal of data-mining reports from
the head of each Department of Homeland Security agency that is
engaged in, or developing, data-mining. This requirement is
addressed in the statement of managers.
The conference agreement deletes section 529 of the
Senate bill prohibiting the use of funds identified in the
Inspector General's Report of March 2005 ``Irregularities in
the Development of the Transportation Security Operations
Center'' as wasteful. This requirement is addressed in the
statement of managers.
The conference agreement deletes section 531 of the
Senate bill reflecting the sense of the Senate that the
Department of Homeland Security should continue to coordinate
with the American Red Cross in developing a mass care plan in
the United States. This issue is addressed in the statement of
managers.
The conference agreement deletes section 532 of the
Senate bill requiring the Department of Defense to submit the
overdue report requested in Public Law 109-13.
The conference agreement deletes section 533 of the
Senate bill reflecting the sense of the Senate on the
vulnerabilities of chemical facilities. This requirement is
addressed in the statement of managers.
The conference agreement deletes section 533 of the House
bill regarding H1B Visa processing.
The conference agreement deletes section 534 of the
Senate bill requiring the Secretary to provide reimbursement
guidelines to any county or government entity affected by a
hurricane of the costs of hurricane debris removal. This
requirement is addressed in the statement of managers.
The conference agreement deletes section 535 of the House
bill prohibiting the use of funds to alter the name of Coast
Guard Station ``Group St. Petersburg''.
The conference agreement deletes section 535 of the
Senate bill requiring a report on changes to emergency
preparedness and response policies as a result of the report of
the Inspector General dated May 20, 2005. This requirement is
addressed in the statement of managers.
The conference agreement deletes section 536 of the House
bill prohibiting the use of funds to patrol the border of the
United States except as authorized by law.
The conference agreement deletes section 536 of the
Senate bill reflecting the sense of the Senate that the
Department should conduct a study of the feasibility of
leveraging existing FM broadcast radio infrastructure as an
emergency messaging system. This requirement is addressed in
the statement of managers.
The conference agreement deletes section 537 of the
Senate bill requiring the Under Secretary for Emergency
Preparedness and Response to propose new inspection guidelines
that prohibit inspectors from entering into contracts with any
individual or entity for whom the inspector performs an
inspection for the purpose of determining eligibility for
assistance from the Federal Emergency Management Agency. This
requirement is addressed in the statement of managers.
The conference agreement deletes section 538 of the
Senate bill, which would prohibit the Departments of Homeland
Security and State from issuing regulations to limit United
States citizens to a passport as the exclusive document to be
presented upon entry into the United States from Canada by
land. The proposed rule, as issued for public comment on
September 1, 2005, is in compliance with the Senate provision.
The conferees expect that the Department will provide
alternatives to SENTRI, NEXUS and FAST for residents of small
and rural Northern Border communities.
The conference agreement deletes section 539 of the
Senate bill directing the Comptroller General of the United
States to conduct a study on the justification and effects of
raising the Homeland Security Advisory System alert level to
Code Orange.
The conference agreement deletes section 540 of the
Senate bill reflecting the sense of the Senate on strengthening
security at nuclear power plants.
The conference agreement deletes section 541 of the
Senate bill reflecting the sense of the Senate regarding threat
assessment of major tourist attractions. This requirement is
addressed in the statement of managers.
TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT
The conference agreement does not include Title VI of the
Senate bill, ``Homeland Security Grant Enhancement'' as
proposed by the Senate. The House bill contained no similar
matter.
CONFERENCE RECOMMENDATIONS
The conference agreement's detailed funding
recommendations for programs in this bill are contained in the
table listed below. The fiscal year 2006 budget request column
reflects the Department of Homeland Security's organizational
restructuring plan transmitted to Congress on July 13, 2005.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2006 recommended by the Committee of Conference,
with comparisons to the fiscal year 2005 amount, the 2006
budget estimates, and the House and Senate bills for 2006
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2005. $100,210,103
Budget estimates of new (obligational) authority, 30,568,748
fiscal year 2006.....................................
House bill, fiscal year 2006.......................... 31,860,080
Senate bill, fiscal year 2006......................... 33,360,080
Conference agreement, fiscal year 2006................ 31,860,080
Conference agreement compared with:
New budget (obligational) authority, fiscal year -68,350,023
2005.................................................
Budget estimates of new (obligational) authority, +1,291,332
fiscal year 2006.....................................
House bill, fiscal year 2006...................... +0
Senate bill, fiscal year 2006..................... -1,500,000
Harold Rogers,
Zach Wamp,
Tom Latham,
Jo Ann Emerson,
John E. Sweeney,
Jim Kolbe,
Ernest J. Istook, Jr.,
Ray LaHood,
Ander Crenshaw,
John R. Carter,
Jerry Lewis,
Martin Olav Sabo,
David E. Price,
Jose E. Serrano,
Lucille Roybal-Allard,
Sanford D. Bishop,
Chet Edwards,
Managers on the Part of the House.
Judd Gregg,
Thad Cochran,
Ted Stevens,
Arlen Specter,
Pete Domenici,
Richard C. Shelby,
Larry Craig,
Robert F. Bennett,
Wayne Allard,
Robert C. Byrd,
Daniel K. Inouye,
Patrick J. Leahy,
Barbara A. Mikulski,
Herb Kohl,
Harry Reid,
Dianne Feinstein,
Managers on the Part of the Senate.