H.R. 2360 (109th): Department of Homeland Security Appropriations Act, 2006

109th Congress, 2005–2006. Text as of Jul 14, 2005 (Public Print).

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HR 2360 PP

109th CONGRESS

1st Session

H. R. 2360

IN THE HOUSE OF REPRESENTATIVES

July 14, 2005

Ordered to be printed with the amendment of the Senate

[Strike out all after the enacting clause and insert the part printed in italic]


AN ACT

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    [Struck out->] 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: [<-Struck out]

[Struck out->] TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS [<-Struck out]

[Struck out->] Office of the Secretary and Executive Management [<-Struck out]

    [Struck out->] 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, $133,239,000 (reduced by $100,000): Provided, That not to exceed $40,000 shall be for official reception and representation expenses: Provided further, That of the amounts appropriated under this heading, $20,000,000 shall not be available for obligation until the Secretary of Homeland Security submits to the Committee on Appropriations of the House of Representatives an immigration enforcement strategy to reduce the number of undocumented aliens, based upon the latest United States Census Bureau data, by 10 percent per year: Provided further, That of the amounts appropriated under this heading, $10,000,000 shall not be available for obligation until section 525 of this Act is implemented: Provided further, That the Secretary shall submit all reports requested by the Committee on Appropriations of the House of Representatives for all agencies and components of the Department of Homeland Security, as identified in this Act and the House report accompanying this Act, by the dates specified: Provided further, That the content of all reports shall be in compliance with the direction and instructions included in this Act and the House report accompanying this Act by the dates specified: Provided further, That, of the amounts appropriated under this heading, $20,000,000 may not be obligated until the Committee on Appropriations of the House of Representatives has received all final reports in compliance with such direction and instructions. [<-Struck out]

[Struck out->] Office of the Under Secretary for Management [<-Struck out]

    [Struck out->] 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), $146,084,000 (reduced by $26,100,000) (reduced by $50,000,000): 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. [<-Struck out]

[Struck out->] Office of the Chief Financial Officer [<-Struck out]

    [Struck out->] 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), $18,505,000. [<-Struck out]

[Struck out->] Office of the Chief Information Officer [<-Struck out]

    [Struck out->] 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, $303,700,000; of which $75,756,000 shall be available for salaries and expenses; and of which $227,944,000 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 Department shall report within 180 days of enactment of this Act on its enterprise architecture and other strategic planning activities in accordance with the terms and conditions specified in the House report accompanying this Act. [<-Struck out]

[Struck out->] Office of Inspector General [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS [<-Struck out]

[Struck out->] BORDER AND TRANSPORTATION SECURITY [<-Struck out]

[Struck out->] Office of the Under Secretary for Border and Transportation Security [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

    [Struck out->] For necessary expenses of the Office of the Under Secretary for Border and Transportation Security, as authorized by subtitle A of title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), $10,617,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses. [<-Struck out]

[Struck out->] AUTOMATION MODERNIZATION [<-Struck out]

    [Struck out->] For necessary expenses of the United State 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) and for the development, deployment, and use of Free and Secure Trade (FAST), NEXUS, and Secure Electronic Network for Traveler's Rapid Inspection (SENTRI), $411,232,000, to remain available until expended, which shall be allocated as follows: [<-Struck out]

      [Struck out->] (1) $7,000,000 for FAST. [<-Struck out]

      [Struck out->] (2) $14,000,000 for NEXUS/SENTRI. [<-Struck out]

      [Struck out->] (3) $390,232,000 for the United States Visitor and Immigrant Status Indicator Technology project: Provided, That of the funds provided for this project, $254,000,000 may not 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-- [<-Struck out]

        [Struck out->] (A) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7; [<-Struck out]

        [Struck out->] (B) complies with the Department of Homeland Security enterprise information systems architecture; [<-Struck out]

        [Struck out->] (C) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; [<-Struck out]

        [Struck out->] (D) 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 [<-Struck out]

        [Struck out->] (E) is reviewed by the Government Accountability Office. [<-Struck out]

[Struck out->] Customs and Border Protection [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

    [Struck out->] 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; $4,885,544,000; 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 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 $35,000 shall be for official reception and representation expenses; of which not less than $141,060,000 shall be for Air and Marine Operations; of which not to exceed $174,800,000 shall remain available until September 30, 2007, for inspection and surveillance technology, unmanned aerial vehicles, and replacement aircraft; 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 Under Secretary for Border and Transportation Security; and of which not to exceed $5,000,000 shall be available for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration: 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 in this Act may be available to compensate any employee of the Bureau of Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Under Secretary for Border and Transportation Security, or a designee, 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 Committee on Appropriations of the House of Representatives all required reports related to air and marine operations: Provided further, That of the total amount provided, $2,000,000 may not be obligated until the Secretary submits to the Committee on Appropriations of the House of Representatives a report on the performance of the Immigration Advisory Program as directed in House Report No. 108-541: Provided further, That of the total amount provided, $70,000,000 may not be obligated until the Secretary submits to the Committee on Appropriations of the House of Representatives part two of the report on the performance of the Container Security Initiative progam, as directed in House Report 180-541: 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. [<-Struck out]

[Struck out->] AUTOMATION MODERNIZATION [<-Struck out]

    [Struck out->] For expenses for customs and border protection automated systems, $458,009,000, to remain available until expended, of which not less than $321,690,000 shall be for the development of the Automated Commercial Environment: Provided, That none of the funds appropriated 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 Under Secretary for Border and Transportation Security that-- [<-Struck out]

      [Struck out->] (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7; [<-Struck out]

      [Struck out->] (2) complies with the Department of Homeland Security's enterprise information systems architecture; [<-Struck out]

      [Struck out->] (3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; [<-Struck out]

      [Struck out->] (4) 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 [<-Struck out]

      [Struck out->] (5) is reviewed by the Government Accountability Office. [<-Struck out]

[Struck out->] AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT [<-Struck out]

    [Struck out->] For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, 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 Under Secretary for Border and Transportation Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, $347,780,000, 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 Bureau of 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. [<-Struck out]

[Struck out->] CONSTRUCTION [<-Struck out]

    [Struck out->] 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, $93,418,000, to remain available until expended. [<-Struck out]

[Struck out->] Immigration and Customs Enforcement [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

    [Struck out->] For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations; and purchase and lease of up to 2,300 (2,000 for replacement only) police-type vehicles, $3,064,081,000 (reduced by $5,000,000) (increased by $5,000,000), of which not to exceed $10,000,000 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 Under Secretary for Border and Transportation 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 shall be for costs to implement section 287(g) of the Immigration and Nationality Act, as amended; 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 appropriated shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Under Secretary for Border and Transportation Security may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $3,045,000 shall be for activities to enforce laws against forced child labor in fiscal year 2006, of which not to exceed $2,000,000 shall remain available until expended: Provided further, That of the amounts appropriated, $50,000,000 shall not be available for obligation until the Assistant Secretary of Immigration and Customs Enforcement submits to the Committee on Appropriations of the House of Representatives a national detention management plan including the use of regional detention contracts and alternatives to detention: Provided further, That the Assistant Secretary of Immigration and Customs Enforcement, with concurrence of the Secretary of Homeland Security, shall submit, by December 1, 2005, to the Committee on Appropriations of the House of Representatives a plan for the expanded use of Immigration Enforcement Agents to enforce administrative violations of United States immigration laws. [<-Struck out]

[Struck out->] FEDERAL AIR MARSHALS [<-Struck out]

    [Struck out->] For necessary expenses of the Federal Air Marshals, $698,860,000, of which not to exceed $5,000,000 shall remain available until expended. [<-Struck out]

[Struck out->] FEDERAL PROTECTIVE SERVICE [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] AUTOMATION MODERNIZATION [<-Struck out]

    [Struck out->] For expenses of immigration and customs enforcement automated systems, $40,150,000, to remain available until expended: Provided, That none of the funds appropriated 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 Under Secretary for Border and Transportation Security that-- [<-Struck out]

      [Struck out->] (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7; [<-Struck out]

      [Struck out->] (2) complies with the Department of Homeland Security enterprise information systems architecture; [<-Struck out]

      [Struck out->] (3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; [<-Struck out]

      [Struck out->] (4) 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 [<-Struck out]

      [Struck out->] (5) is reviewed by the Government Accountability Office. [<-Struck out]

[Struck out->] CONSTRUCTION [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] Transportation Security Administration [<-Struck out]

[Struck out->] AVIATION SECURITY [<-Struck out]

    [Struck out->] For necessary expenses of the Transportation Security Administration related to providing aviation security, $4,591,612,000, to remain available until September 30, 2007, of which not to exceed $3,000 shall be available for official reception and representation expenses: Provided, That of the total amount provided under this heading, not to exceed $3,608,599,000 shall be for screening operations, of which $170,000,000 shall be available only for procurement of checked baggage explosive detection systems and $75,000,000 shall be available only for installation of checked baggage explosive detection systems; and not to exceed $983,013,000 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: 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 $2,601,612,000: Provided further, That any security service fees collected in excess of the amount appropriated under this heading shall become available during fiscal year 2007: 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. [<-Struck out]

[Struck out->] SURFACE TRANSPORTATION SECURITY [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] TRANSPORTATION VETTING AND CREDENTIALING [<-Struck out]

    [Struck out->] For necessary expenses for the development and implementation of screening programs by the Office of Transportation Vetting and Credentialing, $84,294,000. [<-Struck out]

[Struck out->] TRANSPORTATION SECURITY SUPPORT [<-Struck out]

    [Struck out->] For necessary expenses of the Transportation Security Administration related to providing transportation security support and intelligence activities, $541,008,000, to remain available until September 30, 2007: Provided, That of the funds appropriated under this heading, $50,000,000 may not be obligated until the Secretary submits to the Committee on Appropriations of 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 long-term costs; and (2) a detailed spend 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 after enactment of this Act. [<-Struck out]

[Struck out->] United States Coast Guard [<-Struck out]

[Struck out->] OPERATING EXPENSES [<-Struck out]

    [Struck out->] For necessary expenses for the operation and maintenance of the Coast Guard not otherwise provided for, purchase or lease of not to exceed 25 passenger motor vehicles for replacement only, payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note), and recreation and welfare, $5,500,000,000, 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 appropriated 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 provided by this Act shall be available 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. [<-Struck out]

[Struck out->] ENVIRONMENTAL COMPLIANCE AND RESTORATION [<-Struck out]

    [Struck out->] For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $12,000,000, to remain available until expended. [<-Struck out]

[Struck out->] RESERVE TRAINING [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS [<-Struck out]

    [Struck out->] 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, $798,152,000, 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 $22,000,000 shall be available until September 30, 2010, to acquire, repair, renovate, or improve vessels, small boats, and related equipment; of which $29,902,000 shall be available until September 30, 2010, to increase aviation capability; of which $130,100,000 shall be available until September 30, 2008, for other equipment; of which $39,700,000 shall be available until September 30, 2008, for shore facilities and aids to navigation facilities; of which $76,450,000 shall be available for personnel compensation and benefits and related costs; and of which $500,000,000 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, only for Rescue 21: Provided further, That of the funds appropriated under this heading for the Integrated Deepwater System, $50,000,000 may not be obligated until the Committee on Appropriations of the House of Representatives receives from the Secretary of Homeland Security a new Deepwater program baseline that reflects revised, post September 11th operational priorities that includes-- [<-Struck out]

      [Struck out->] (1) a detailed justification for each new Deepwater asset that is determined to be necessary to fulfill homeland and national security functions or multi-agency procurements as identified by the Joint Requirements Council; [<-Struck out]

      [Struck out->] (2) a comprehensive timeline for the entire Deepwater program, including an asset-by-asset breakdown, aligned with the comprehensive acquisition timeline and revised mission needs statement, that also details the phase-out of legacy assets and the phase-in of new, replacement assets on an annual basis; [<-Struck out]

      [Struck out->] (3) a comparison of the revised acquisition timeline against the original Deepwater timeline; [<-Struck out]

      [Struck out->] (4) an aggregate total cost of the program that aligns with the revised mission needs statement, acquisition timeline and asset-by-asset breakdown; [<-Struck out]

      [Struck out->] (5) a detailed projection of the remaining operational lifespan of every type of legacy cutter and aircraft; and [<-Struck out]

      [Struck out->] (6) a detailed progress report on command, control, communications, computers, intelligence, surveillance, and reconnaissance equipment upgrades that includes what has been installed currently on operational assets and when such equipment will be installed on all remaining Deepwater legacy assets: Provided further, That the Secretary shall annually submit to the Committee on Appropriations of 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-- [<-Struck out]

        [Struck out->] (1) the proposed appropriation included in that budget; [<-Struck out]

        [Struck out->] (2) the total estimated cost of completion; [<-Struck out]

        [Struck out->] (3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier; [<-Struck out]

        [Struck out->] (4) an estimated completion date at the projected funding levels; and [<-Struck out]

        [Struck out->] (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 Committee on Appropriations of the House of Representatives: [<-Struck out]

    [Struck out->] Provided further, That the Secretary shall ensure that amounts specified in the future-years capital investment plan are consistent to the maximum extent practicable with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President's budget as submitted under section 1105(a) of title 31 for that fiscal year: Provided further, That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified. [<-Struck out]

[Struck out->] ALTERATION OF BRIDGES [<-Struck out]

    [Struck out->] For necessary expenses for alteration or removal of obstructive bridges, $15,000,000, to remain available until expended. [<-Struck out]

[Struck out->] RETIRED PAY [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] United States Secret Service [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

    [Struck out->] 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; 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 his or her 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; $1,228,981,000, 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 $2,678,000 shall be for forensic and related support of investigations of missing and exploited children; and of which $5,000,000 shall be a grant for activities related to the investigations of 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 $10,000,000 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 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. [<-Struck out]

[Struck out->] ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES [<-Struck out]

    [Struck out->] For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities, $3,699,000, to remain available until expended. [<-Struck out]

[Struck out->] TITLE III--PREPAREDNESS AND RECOVERY [<-Struck out]

[Struck out->] Office of State and Local Government Coordination and Preparedness [<-Struck out]

[Struck out->] MANAGEMENT AND ADMINISTRATION [<-Struck out]

    [Struck out->] For necessary expenses for the Office of State and Local Government Coordination and Preparedness, $3,546,000: Provided, That not to exceed $2,000 shall be for official reception and representation expenses. [<-Struck out]

[Struck out->] STATE AND LOCAL PROGRAMS [<-Struck out]

    [Struck out->] 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, $2,781,300,000 (increased by $100,000) (increased by $50,000,000), which shall be allocated as follows: [<-Struck out]

      [Struck out->] (1) $750,000,000 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 after enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and that the Office of State and Local Government Coordination and 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. [<-Struck out]

      [Struck out->] (2) $1,215,000,000 for discretionary grants, as determined by the Secretary of Homeland Security, of which-- [<-Struck out]

        [Struck out->] (A) $850,000,000 shall be for use in high-threat, high-density urban areas; [<-Struck out]

        [Struck out->] (B) $150,000,000 shall be for port security grants, which shall be distributed based on risks and vulnerabilities: Provided, That the Office of State and Local Government Coordination and Preparedness shall work with the Information Analysis and Infrastructure Protection Directorate to assess the risk associated with each port and with the Coast Guard to evaluate the vulnerability of each port: Provided further, That funding may only be made available to those projects recommended by the Coast Guard Captain of the Port; [<-Struck out]

        [Struck out->] (C) $5,000,000 shall be for trucking industry security grants; [<-Struck out]

        [Struck out->] (D) $10,000,000 shall be for intercity bus security grants; [<-Struck out]

        [Struck out->] (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 [<-Struck out]

        [Struck out->] (F) $50,000,000 shall be for buffer zone protection grants: [<-Struck out]

      [Struck out->] Provided, That for grants under subparagraph (A), the application for grants shall be made available to States within 45 days after enactment of this Act; that States shall submit applications within 90 days after the grant announcement; and that the Office of State and Local Government Coordination and 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. [<-Struck out]

      [Struck out->] (3) $50,000,000 shall be available for the Commercial Equipment Direct Assistance Program. [<-Struck out]

      [Struck out->] (4) $366,300,000 for training, exercises, technical assistance, and other programs: [<-Struck out]

    [Struck out->] Provided, That none of the grants provided under this heading shall be used for the construction or renovation of facilities; for minor perimeter security projects, 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) and (E) 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 of State and Local Government Coordination and Preparedness certified training, as needed: Provided further, That in accordance with the Department's implementation plan for Homeland Security Presidential Directive 8, the Office of State and Local Government Coordination and Preparedness shall issue the final National Preparedness Goal no later than October 1, 2005; and no funds provided under paragraphs (1) and (2)(A) shall be awarded to States that have not submitted to the Office of State and Local Government Coordination and Preparedness an updated State homeland strategy based on the interim National Preparedness Goal, dated March 31, 2005. [<-Struck out]

[Struck out->] FIREFIGHTER ASSISTANCE GRANTS [<-Struck out]

    [Struck out->] For necessary expenses for programs authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $600,000,000 (increased by $50,000,000), of which $550,000,000 (increased by $25,000,000) shall be available to carry out section 33 (15 U.S.C. 2229) and $50,000,000 (increased by $25,000,000) shall be available to carry out section 34 (15 U.S.C. 2229a) of the Act, to remain available until September 30, 2007: Provided, That not to exceed 5 percent of this amount shall be available for program administration. [<-Struck out]

[Struck out->] EMERGENCY MANAGEMENT PERFORMANCE GRANTS [<-Struck out]

    [Struck out->] 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 Reductions Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $180,000,000: Provided, That total administrative costs shall not exceed 3 percent of the total appropriation. [<-Struck out]

[Struck out->] Counterterrorism Fund [<-Struck out]

    [Struck out->] 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, $10,000,000, to remain available until expended: Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives 15 days prior to the obligation of any amount of these funds in accordance with section 503 of this Act. [<-Struck out]

[Struck out->] Emergency Preparedness and Response [<-Struck out]

[Struck out->] OFFICE OF THE UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE [<-Struck out]

    [Struck out->] For necessary expenses for the Office of the Under Secretary for Emergency Preparedness and Response, as authorized by section 502 of the Homeland Security Act of 2002 (6 U.S.C. 312), $2,306,000. [<-Struck out]

[Struck out->] PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY [<-Struck out]

    [Struck out->] For necessary expenses for preparedness, mitigation, response, and recovery activities of the Directorate of Emergency Preparedness and Response, $249,499,000, 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.). [<-Struck out]

[Struck out->] ADMINISTRATIVE AND REGIONAL OPERATIONS [<-Struck out]

    [Struck out->] For necessary expenses for administrative and regional operations of the Directorate of Emergency Preparedness and Response, $225,441,000, 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. [<-Struck out]

[Struck out->] PUBLIC HEALTH PROGRAMS [<-Struck out]

    [Struck out->] For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $34,000,000. [<-Struck out]

[Struck out->] RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] DISASTER RELIEF [<-Struck out]

    [Struck out->] For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $2,023,900,000 (reduced by $23,900,000), to remain available until expended. [<-Struck out]

[Struck out->] DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT [<-Struck out]

    [Struck out->] 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). [<-Struck out]

[Struck out->] FLOOD MAP MODERNIZATION FUND [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] NATIONAL FLOOD INSURANCE FUND [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

    [Struck out->] 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 agents' commissions and taxes; and (3) $30,000,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund. [<-Struck out]

[Struck out->] NATIONAL FLOOD MITIGATION FUND [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] NATIONAL PRE-DISASTER MITIGATION FUND [<-Struck out]

    [Struck out->] For a pre-disaster mitigation grant program pursuant to title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.), $150,000,000, to remain available until expended: Provided, That grants made for pre-disaster 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)): Provided further, That total administrative costs shall not exceed 3 percent of the total appropriation. [<-Struck out]

[Struck out->] EMERGENCY FOOD AND SHELTER [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES [<-Struck out]

[Struck out->] Citizenship and Immigration Services [<-Struck out]

    [Struck out->] For necessary expenses for citizenship and immigration services, $120,000,000: Provided, That the Director of United States Citizenship and Immigration Services shall submit to the Committee on Appropriations of 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 of enactment of this Act. [<-Struck out]

[Struck out->] Federal Law Enforcement Training Center [<-Struck out]

[Struck out->] SALARIES AND EXPENSES [<-Struck out]

    [Struck out->] 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 $36,174,000 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: Provided further, That in fiscal year 2006 and thereafter, the Center is authorized to assess pecuniary liability against Center employees and students for losses or destruction of government property due to gross negligence or willful misconduct and to set off any resulting debts due the United States by Center employees and students, without their consent, against current payments due the employees and students for their services. [<-Struck out]

[Struck out->] ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES [<-Struck out]

    [Struck out->] 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, $64,743,000, 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. [<-Struck out]

[Struck out->] Information Analysis and Infrastructure Protection [<-Struck out]

[Struck out->] MANAGEMENT AND ADMINISTRATION [<-Struck out]

    [Struck out->] For salaries and expenses of the immediate Office of the Under Secretary for Information Analysis and Infrastructure Protection and for management and administration of programs and activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $198,200,000: Provided, That not to exceed $5,000 shall be for official reception and representation expenses. [<-Struck out]

[Struck out->] ASSESSMENTS AND EVALUATIONS [<-Struck out]

    [Struck out->] For necessary expenses for information analysis and infrastructure protection as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $663,240,000, to remain available until September 30, 2007. [<-Struck out]

[Struck out->] Science and Technology [<-Struck out]

[Struck out->] MANAGEMENT AND ADMINISTRATION [<-Struck out]

    [Struck out->] For salaries and expenses of the immediate 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.), $81,399,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses. [<-Struck out]

[Struck out->] RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS [<-Struck out]

    [Struck out->] 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.), $1,258,597,000, to remain available until expended: Provided, That of the total amount provided under this heading, $23,000,000 is available to find an alternative site for the National Bio and Agrodefense Laboratory and other pre-construction activities to establish research labs to protect animal and public health from high consequence animal and zoonotic diseases, in support of the requirements of Homeland Security Presidential Directives 9 and 10: Provided further, That of the total amount provided under this heading, $10,000,000 shall be used to enhance activities toward implementation of section 313 of the Homeland Security Act of 2002 (6 U.S.C. 193). [<-Struck out]

[Struck out->] TITLE V--GENERAL PROVISIONS [<-Struck out]

[Struck out->] (INCLUDING RESCISSION OF FUNDS) [<-Struck out]

    [Struck out->] 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. [<-Struck out]

    [Struck out->] 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. [<-Struck out]

    [Struck out->] 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 the House or Senate Committees on Appropriations 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. [<-Struck out]

    [Struck out->] (b) None of the funds provided by this Act, provided by previous appropriation Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by the Congress; or (3) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. [<-Struck out]

    [Struck out->] (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 subsection 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. [<-Struck out]

    [Struck out->] (d) The Department shall submit all notifications pursuant to subsections (a), (b), and (c) of this section no later than June 30, except in extraordinary circumstances which imminently threaten the safety of human life or the protection of property. [<-Struck out]

    [Struck out->] Sec. 504. 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. [<-Struck out]

    [Struck out->] SEC. 505. 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. [<-Struck out]

    [Struck out->] SEC. 506. The Federal Law Enforcement Training Center shall establish an accrediting body, to include representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, to establish standards for measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. [<-Struck out]

    [Struck out->] Sec. 507. 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 unless the Secretary of Homeland Security notifies the Committees on Appropriations of the Senate and House of Representatives at least 3 full business days in advance: Provided, That no notification shall involve funds that are not available for obligation. [<-Struck out]

    [Struck out->] Sec. 508. 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. [<-Struck out]

    [Struck out->] Sec. 509. The Director of the Federal Law Enforcement Training Center (FLETC) shall schedule basic and/or advanced law enforcement training at all four training facilities under FLETC's control to ensure that these training centers are operated at the highest capacity throughout the fiscal year. [<-Struck out]

    [Struck out->] SEC. 510. 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, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. [<-Struck out]

    [Struck out->] SEC. 511. 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.). [<-Struck out]

    [Struck out->] SEC. 512. Funding for the Transportation Security Administration's Office of Transportation Security Support, Office of the Administrator, shall be reduced by $100,000 per day for each day after enactment of this Act that the second proviso of section 513 of Public Law 108-334 has not been implemented. [<-Struck out]

    [Struck out->] SEC. 513. The Commandant of the Coast Guard shall provide to the Committee on Appropriations of the House of Representatives each year, at the time that the President's budget is submitted under section 1105(a) of title 31, United States Code, a list of approved but unfunded Coast Guard priorities and the funds needed for each such priority in the same manner and with the same contents as the unfunded priorities lists submitted by the chiefs of other Armed Services. [<-Struck out]

    [Struck out->] SEC. 514. Notwithstanding section 3302 of title 31, United States Code, beginning in 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. [<-Struck out]

    [Struck out->] SEC. 515. Beginning in 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. [<-Struck out]

    [Struck out->] 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, the Bureau of Immigration and Customs Enforcement, the Directorate of Science and Technology, and the Directorate of Information Analysis and Infrastructure Protection 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. [<-Struck out]

    [Struck out->] SEC. 517. 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. [<-Struck out]

    [Struck out->] 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 (GAO) 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 have been successfully met. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (d) None of the funds provided in this or any previous appropriations Act may be utilized to develop or test algorithms assigning risk to passengers whose names are not on government watch lists. [<-Struck out]

    [Struck out->] (e) None of the funds provided in this appropriations Act may be utilized for a database that is obtained from or remains under the control of a non-Federal entity. [<-Struck out]

    [Struck out->] 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). [<-Struck out]

    [Struck out->] 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 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. [<-Struck out]

    [Struck out->] SEC. 521. None of the funds available in this Act or provided hereafter 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. [<-Struck out]

    [Struck out->] SEC. 522. The Secretary of Homeland Security shall develop screening standards and protocols to more thoroughly screen all types of air cargo on passenger and cargo aircraft by March 1, 2006: Provided, That these screening standards and protocols shall be developed in consultation with the industry stakeholders: Provided further, That these screening standards and protocols shall be developed in conjunction with the research and development of technologies that will permit screening of all high-risk air cargo: Provided further, That of the amounts appropriated in this Act for the `Office of the Secretary and Executive Management', $10,000,000 shall not be available for obligation until new air cargo screening standards and protocols are implemented. [<-Struck out]

    [Struck out->] SEC. 523. 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 Committee on Appropriations of 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. [<-Struck out]

    [Struck out->] SEC. 524. The Secretary of Homeland Security shall implement a security plan to permit general aviation aircraft to land and take off at Ronald Reagan Washington National Airport 90 days after enactment of this Act. [<-Struck out]

    [Struck out->] SEC. 525. 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 Committee on Appropriations of the House of Representatives has been fully briefed on the results of the prototype phase and agrees that the program should move forward. [<-Struck out]

    [Struck out->] SEC. 526. (a) From the unexpended balances of the United States Coast Guard `Acquisition, Construction and Improvements' account specifically identified in statement of managers language for Integrated Deepwater System patrol boats 110- to 123-foot conversion in fiscal years 2004 and 2005, $83,999,942 are rescinded. [<-Struck out]

    [Struck out->] (b) For the necessary expenses of the United States Coast Guard for `Acquisition, Construction and Improvements', $83,999,942 is made available to procure new 110-foot patrol boats or for major maintenance availability for the current 110-foot patrol boat fleet: Provided, That such funds shall remain available until expended. [<-Struck out]

    [Struck out->] SEC. 527. 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, the transportation worker identification credential program, and other applicable programs 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. [<-Struck out]

    [Struck out->] SEC. 528. 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. [<-Struck out]

    [Struck out->] SEC. 529. No funding provided in this or previous appropriations Acts shall be available to pay the salary of any employee serving as a contracting officer's technical representative (COTR) who has not received COTR training. [<-Struck out]

    [Struck out->] SEC. 530. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to the Transportation Security Administration in fiscal years 2002 and 2003, and to the 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. [<-Struck out]

    [Struck out->] SEC. 531. From the unobligated balances available in the `Department of Homeland Security Working Capital Fund' established by section 506 of Public Law 108-90, $7,000,000 are hereby rescinded. [<-Struck out]

    [Struck out->] SEC. 532. Notwithstanding any other provision of law, the Committee withholds from obligation $25,000,000 from the Directorate of Emergency Preparedness and Response, Administrative and Regional Operations, until the direction in the statement of managers accompanying Public Law 108-324 and House Report 108-541 is completed. [<-Struck out]

    [Struck out->] SEC. 533. None of the funds appropriated under this Act or any other Act shall be available for processing petitions under section 214(c) of the Immigration and Nationality Act relating to nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act until the authority provided in section 214(g)(5)(C) of such Act is being implemented such that, in any fiscal year in which the total number of aliens who are issued visas or otherwise provided nonimmigrant status subject to the numerical limitation under section 101(a)(15)(H)(i)(b) of such Act reaches the numerical limitation contained in section 214(g)(1)(A) of such Act,, up to 20,000 additional aliens who have earned a master's or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act. [<-Struck out]

    [Struck out->] SEC. 534. None of the funds provided in this Act shall be used to pay the salaries of more than sixty Transportation Security Administration employees who have the authority to designate documents as Sensitive Security Information (SSI). In addition, $10,000,000 is not available for the Department-wide Office of Security until the Secretary submits to the Committee on Appropriations of the House of Representatives: (1) the titles of all documents currently designated as SSI; (2) Department-wide policies on SSI designation; (3) Department-wide SSI designation auditing policies and procedures; and (4) the total number of staff and offices authorized to designate SSI documents within the Department. [<-Struck out]

    [Struck out->] SEC. 535. None of the funds appropriated by this Act may be used to change the name of the Coast Guard Station `Group St. Petersburg'. [<-Struck out]

    [Struck out->] SEC. 536. None of the funds appropriated or otherwise made available by this Act may be used to patrol the border of the United States except as authorized by law. [<-Struck out]

    [Struck out->] SEC. 537. For the Secretary of Homeland Security to make grants pursuant to section 204 of the REAL ID Act of 2005 (Public Law 109-13, division B) to assist States in conforming with minimum drivers' license standards there is hereby appropriated; and the amounts otherwise provided by this Act for `Office of the Secretary and Executive Management', `Office of the Under Secretary for Management', `Office of the Under Secretary for Border and Transportation Security--Salaries and Expenses', `Information Analysis and Infrastructure Protection--Management and Administration', and `Science and Technology--Research, Development, Acquisition and Operations', are hereby reduced by: $100,000,000, $20,000,000, $20,000,000, $2,000,000, $8,000,000, and $50,000,000, respectively. [<-Struck out]

    [Struck out->] This Act may be cited as the `Department of Homeland Security Appropriations Act, 2006'. [<-Struck out]

    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, $124,620,000: Provided, That not to exceed $40,000 shall be for official reception and representation expenses.

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), $146,322,000: 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.

Department of Homeland Security Working Capital Fund

(RESCISSION OF FUNDS)

    Of the unobligated balances available in the `Department of Homeland Security Working Capital Fund', $12,000,000 are rescinded.

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), $18,325,000.

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, $286,540,000; of which $75,756,000 shall be available for salaries and expenses; and of which $210,784,000 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 of the funds made available until expended under this heading, no more than $33,029,000 shall be for the Homeland Secure Data Network: Provided further, 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 after enactment of the 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 expenditure plan shall include a complete list of all legacy systems operational as of March 1, 2003; the current operational status of each system; and the plan for continued operation or termination of each system.

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

BORDER AND TRANSPORTATION SECURITY

Office of the Under Secretary for Border and Transportation Security

SALARIES AND EXPENSES

    For necessary expenses of the Office of the Under Secretary for Border and Transportation Security, as authorized by subtitle A of title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), $9,617,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses.

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 enterprise information systems architecture;

      (3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government;

      (4) includes a certification by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation agent is currently under contract for the project;

      (5) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and

      (6) is reviewed by the Government Accountability Office.

Customs and Border Protection

SALARIES AND EXPENSES

(INCLUDING RESCISSION OF FUNDS)

    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; $4,922,600,000; 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 $35,000 shall be for official reception and representation expenses; of which not less than $146,560,000 shall be for Air and Marine Operations; of which not to exceed $49,980,000 shall remain available until September 30, 2007, for inspection and surveillance technology, unmanned aerial vehicles, which may be deployed between ports of entry along the southwestern border of the United States, taking into consideration the particular security risks in the area and the need for constant surveillance of such border, and replacement aircraft; 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; and of which not to exceed $5,000,000 shall be available for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration: 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 in 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.

    In addition, of the funds appropriated under the heading `Customs and Border Protection' in chapter 6 of title I of Public Law 108-11 (117 Stat. 581), $14,400,000 are rescinded.

AUTOMATION MODERNIZATION

    For expenses for customs and border protection automated systems, $458,009,000, to remain available until expended, of which not less than $321,690,000 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's enterprise information systems 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, 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, $320,580,000, 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, $311,381,000, to remain available until expended: Provided, That of the total amount provided under this heading, $55,000,000 shall be available solely for the completion of the San Diego Sector fence and $55,000,000 shall be available solely for Tuscon sector tactical infrastructure.

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 2,300 (2,000 for replacement only) police-type vehicles, $3,052,416,000, of which not to exceed $5,000,000 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 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) and the training required under those agreements; of which no less than $1,000,000 may be used for increasing the speed, accuracy and efficiency of the information currently being entered into the National Crime Information Center database; of which no less than $2,000,000 may be for the Legal Orientation Program; 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.

FEDERAL AIR MARSHALS

    For necessary expenses of the Federal Air Marshals, $678,994,000.

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, $50,150,000, 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 enterprise information systems 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), $4,452,318,000, 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 $3,391,948,000 shall be for screening operations, of which $180,000,000 shall be available only for procurement of checked baggage explosive detection systems and $14,000,000 shall be available only for installation of checked baggage explosive detection systems; and not to exceed $1,060,370,000 shall be for aviation security direction and enforcement presence: Provided further, That of the amount made available under this heading, an amount shall be available for the Transportation Security Administration to develop a plan to research, test, and potentially implement multi-compartment bins to screen passenger belongings at security checkpoints: 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: 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 $2,462,318,000: 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 if the Secretary of Homeland Security exercises discretion to set the fee under 44940(a)(2) of title 49 United States Code, such determination shall not be subject to judicial review: Provided further, That notwithstanding section 503 of this Act, the Transportation Security Administration may reallocate funding provided under this heading from passenger and baggage screener pay, compensation, and benefits to procurement and installation of screening technology with fifteen days advance notification to the Committees on Appropriations of the Senate and House of Representatives: 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: 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 MidAmerica St. Louis Airport in Mascoutah, Illinois, shall be designated as a port of entry.

SURFACE TRANSPORTATION SECURITY

    For necessary expenses of the Transportation Security Administration related to providing surface transportation activities, $36,000,000.

TRANSPORTATION VETTING AND CREDENTIALING

    For necessary expenses for the development and implementation of screening programs by the Office of Transportation Vetting and Credentialing, $74,996,000.

TRANSPORTATION SECURITY SUPPORT

    For necessary expenses of the Transportation Security Administration related to providing 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), $491,873,000.

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 for replacement only, payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note) and recreation and welfare, $5,476,046,000, 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), $16,800,000 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

(INCLUDING RESCISSIONS OF FUNDS)

    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, $1,224,800,000, 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 $105,000,000 shall be available until September 30, 2008, for other equipment; of which $39,700,000 shall be available until September 30, 2008, for shore facilities and aids to navigation facilities; of which $73,000,000 shall be available for personnel compensation and benefits and related costs; and of which $988,600,000 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.

    In addition, of the funds made available under this heading in Public Law 108-334 (118 Stat. 1306) for covert aircraft, $13,999,000 are rescinded; and of the funds appropriated under this heading in Public Laws 108-334 (118 Stat. 1306) and 108-90 (117 Stat. 1143) for patrol boat (110 foot to 123 foot conversion) and Fast Response Cutter/110-123 foot patrol boat conversion, $68,999,000 are rescinded.

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, $18,500,000, 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; $1,188,638,000, 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 $2,100,000 shall be for forensic and related support of investigations of missing and exploited children; and of which $5,000,000 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 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

Office of State and Local Government Coordination and Preparedness

MANAGEMENT AND ADMINISTRATION

    For necessary expenses for the Office of State and Local Government Coordination and Preparedness, $3,546,000: Provided, That not to exceed $2,000 shall be for official reception and representation expenses.

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, $2,714,300,000, which shall be allocated as follows:

      (1) $1,538,000,000 for State and local grants, of which $425,000,000 shall be allocated such that each State and territory shall receive the same dollar amount for the State minimum as was distributed in fiscal year 2005 for formula-based grants, and of which at least $20,000,000 shall be available for interoperable communications grants: Provided, That the balance shall be allocated by the Secretary of Homeland Security to States, urban areas, or regions based on risks; threats; vulnerabilities; and unmet essential capabilities pursuant to Homeland Security Presidential Directive 8 (HSPD-8).

      (2) $400,000,000 for law enforcement terrorism prevention grants, of which $155,000,000 shall be allocated such that each State and territory shall receive the same dollar amount for the State minimum as was distributed in fiscal year 2005 for law enforcement terrorism prevention grants: Provided, That the balance shall be allocated by the Secretary to States based on risks; threats; vulnerabilities; and unmet essential capabilities pursuant to HSPD-8: Provided further, That funds made available under this paragraph may be used for overtime costs associated with providing enhanced law enforcement operations in support of Federal agencies for increased border security and border crossing enforcement.

      (3) $365,000,000 for discretionary transportation and infrastructure grants, as determined by the Secretary, of which--

        (A) $200,000,000 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 or the proximity of existing or planned high impact targets, including liquified natural gas facilities and liquified petroleum vessels, notwithstanding subsection (a), for eligible costs as defined in subsections (b)(2)-(4);

        (B) $5,000,000 shall be for trucking industry security grants;

        (C) $10,000,000 shall be for intercity bus security grants;

        (D) $100,000,000 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

        (E) $50,000,000 shall be for buffer zone protection plan grants.

      (4) $50,000,000 for the technology transfer program.

      (5) $40,000,000 for State grants pursuant to section 204(a) of the REAL ID Act of 2005 (Division B of Public Law 109-13), to remain available until expended, as determined by the Secretary: Provided, That none of the funds made available under this paragraph may 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.

      (6) $321,300,000 for training, exercises, technical assistance, and other programs:

    Provided, That not to exceed 3 percent of the amounts provided for grants under this heading shall be available for program administration: 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 prior to the Department making final grant determinations: Provided further, That the Government Accountability Office shall have 20 days to complete its review after it is notified by the Secretary that preliminary determinations have been made, and the Government Accountability Office shall report to the Committees on Appropriations of the Senate and the House of Representatives on the findings of its review prior to the Department making final grant determinations: Provided further, That none of the grants provided under this heading shall be used for construction or renovation of facilities, except for a minor perimeter security project, not to exceed $1,000,000, as determined necessary by the Secretary: Provided further, That the preceding proviso shall not apply to grants under subparagraphs (A), (D), and (E) of paragraph (3) under this heading: Provided further, That grantees shall provide additional reports on their use of funds, as determined necessary by the Secretary: Provided further, That funds appropriated for discretionary grants under paragraph (1) and law enforcement terrorism prevention grants under paragraph (2) of this heading shall be available for operational costs, to include personnel overtime and overtime associated with Office of State and Local Government Coordination and Preparedness certified training, as needed: Provided further, That notwithstanding any other provision of law, funds appropriated under paragraphs (1), (2), and (3) of this heading are exempt from section 6503(a) of title 31, United States Code: Provided further, That of the funds provided under paragraph (1) of this heading, $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: Provided further, That any recipient of Federal funds granted through the State Homeland Security Grant Program, the Law Enforcement Terrorism Prevention Program, and the Urban Area Security Initiative Program, or any predecessor or successor to these programs, as appropriated in fiscal year 2004 and fiscal year 2005, shall expend funds pursuant to the relevant, approved State plan by September 30, 2007: Provided further, That any recipient of Federal funds granted through any program described in the preceding proviso, as appropriated in fiscal year 2006, shall expend funds pursuant to the relevant, approved State plan by September 30, 2008: Provided further, That any funds not expended by September 30, 2007, or September 30, 2008, respectively, as required by the preceding 2 provisos shall be returned to the Department of Homeland Security to be reallocated to State and local entities based on risk and in conformance with the assessments now being conducted by the States under Homeland Security Presidential Directive 8.

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.), $665,000,000, of which $500,000,000 shall be available to carry out section 33 (15 U.S.C. 2229) and $115,000,000 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: Provided further, That of the total amount provided, an additional $50,000,000 shall be available to carry out section 33 (15 U.S.C. 2229).

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.), $190,000,000: Provided, That total administrative costs shall not exceed 3 percent of the total appropriation.

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, $3,000,000, to remain available until expended: Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives 15 days prior to the obligation of any amount of these funds in accordance with section 503 of this Act.

EMERGENCY PREPAREDNESS AND RESPONSE

Office of the Under Secretary for Emergency Preparedness and Response

    For necessary expenses for the Office of the Under Secretary for Emergency Preparedness and Response, as authorized by section 502 of the Homeland Security Act of 2002 (6 U.S.C. 312), $4,306,000.

PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

(INCLUDING RESCISSION OF FUNDS)

    For necessary expenses for preparedness, mitigation, response, and recovery activities of Emergency Preparedness and Response, $203,499,000, 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, $30,000,000 shall be for Urban Search and Rescue Teams, of which not to exceed $1,600,000 may be made available for administrative costs: Provided further, That of the total amount made available under this heading for the support and acquisition of mobile medical units to be used by the Federal Emergency Management Agency, Directorate of Emergency Preparedness and Response, in response to domestic disasters, the Secretary of Homeland Security is encouraged to acquire an integrated mobile medical system for testing and evaluation in accordance with subchapter V of chapter 35 of title 31, United States Code (commonly known as the `Competition in Contracting Act'): Provided further, That of the total amount made available under this heading, $52,600,000 shall be for the United States Fire Administration.

    In addition, of the funds appropriated under this heading in Public Law 108-334 (118 Stat. 1311), $9,600,000 are rescinded.

ADMINISTRATIVE AND REGIONAL OPERATIONS

    For necessary expenses for administrative and regional operations of Emergency Preparedness and Response, $216,441,000, 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.

PUBLIC HEALTH PROGRAMS

    For necessary expenses for countering potential biological, disease, and chemical threats to civilian populations, $34,000,000.

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.

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.), $1,990,000,000, to remain available until expended: Provided, That the aforementioned sum shall be reduced by $70,000,000.

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; and not to exceed $87,358,000 for flood hazard mitigation, to remain available until September 30, 2007, including up to $28,000,000 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), $28,000,000, 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 $28,000,000 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.), $37,000,000, 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, ASSESSMENTS, AND SERVICES

United States Citizenship and Immigration Services

    For necessary expenses for citizenship and immigration services, $80,000,000.

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 $36,174,000 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: Provided further, That in fiscal year 2006 and thereafter, the Director of the Federal Law Enforcement Training Center is authorized to assess pecuniary liability against Center employees and students for losses or destruction of Government property due to gross negligence or willful misconduct and to set off any resulting debts due the United States by Center employees and students, without their consent, against current payments due the employees and students for their services.

ACQUISITIONS, 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.

Information Analysis and Infrastructure Protection

MANAGEMENT AND ADMINISTRATION

    For salaries and expenses of the immediate Office of the Under Secretary for Information Analysis and Infrastructure Protection and for management and administration of programs and activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $168,769,000: Provided, That not to exceed $5,000 shall be for official reception and representation expenses.

ASSESSMENTS AND EVALUATIONS

    For necessary expenses for information analysis and infrastructure protection as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $701,793,000, to remain available until September 30, 2007.

Science and Technology

MANAGEMENT AND ADMINISTRATION

    For salaries and expenses of the immediate 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.), $1,372,399,000, to remain available until expended: Provided, That of the total amount made available under this heading, $127,314,000 shall be for the Domestic Nuclear Detection Office, of which $112,314,000 shall not be available for obligation until the Secretary of Homeland Security submits a staffing and management plan and an expenditure plan for the office and the global systems architecture, to include multi-year costs, that has been reviewed by the Government Accountability Office and approved by the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That of the total funds made available under this heading, $125,000,000 is solely for the purchase and deployment of radiation portal monitors for United States ports-of-entry and may not be transferred or reprogrammed.

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. 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. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or House of Representatives for a different purpose; or (5) contracts out any functions or activities for which funds have been appropriated for Federal full-time equivalent positions; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.

    (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by the Congress; or (3) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds.

    (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided, That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) of this section and shall not be available for obligation unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such transfer.

    (d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances which imminently threaten the safety of human life or the protection of property.

    (e) 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. 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. 505. 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. 506. 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. 507. 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. 508. 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. 509. 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. 510. 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. 511. The Secretary of Homeland Security is directed to research, develop, and procure certified systems to inspect and screen air cargo on passenger aircraft at the earliest date possible: Provided, That until such technology is procured and installed, the Secretary shall take all possible actions to enhance the known shipper program to prohibit high-risk cargo from being transported on passenger aircraft and continue to increase the level of air cargo that is inspected beyond the level mandated in section 513 of Public Law 108-334.

    SEC. 512. 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. 513. 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. 514. (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 a database that is obtained from or remains under the control of a non-Federal entity.

    SEC. 515. 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. 516. 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. 517. 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. 518. 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. 519. SENSE OF THE SENATE REGARDING BORDER SECURITY. (a) FINDINGS- Congress finds the following:

      (1) The illegal alien population has risen from 3,200,000 in 1986 to 10,300,000 in 2004.

      (2) In fiscal year 2001, United States Border Patrol agents apprehended almost 1,200,000 persons for illegally entering the United States.

      (3) Senate Report 109-083 states, `there are an estimated 11,000,000 illegal aliens in the United States, including more than 400,000 individuals who have absconded, walking away with impunity from Orders of Deportation and Removal'.

      (4) Between 1,000 and 3,000 special interest aliens from countries with an active terrorist presence enter the United States each year.

      (5) Of the 1,200,000 illegal aliens apprehended on the border between the United States and Mexico, 643 were from countries with known terrorism ties, including Syria, Iran, and Libya.

      (6) Senate Report 109-083 states, `officials of the Department of Homeland Security have conceded the United States does not have operational control of its borders', including areas along the 1,989 mile southwest border between the United States and Mexico.

      (7) The daily attempts to cross the border by thousands of illegal aliens from countries around the globe continue to present a threat to United States national security.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that--

      (1) this Nation cannot thoroughly address the security of the United States without recognizing the reality of terrorists taking advantage of inadequacies in border security along the border between the United States and Mexico;

      (2) every effort should be made to increase the technology and efficiency in preventing these individuals from entering the United States across the Mexican border;

      (3) the Mexican Government has an obligation to secure its side of the border between the United States and Mexico; and

      (4) the Mexican Government must commit to addressing inadequacies in its own domestic and border security policies, which are contributing to the present dilemma in border security.

    SEC. 520. VETERANS HEALTH ADMINISTRATION. (a) IN GENERAL- From any money in the Treasury not otherwise obligated or appropriated, there are appropriated to the Department of Veterans Affairs $1,500,000,000 for the fiscal year ending September 30, 2005, for medical services provided by the Veterans Health Administration, which shall remain available until expended.

    (b) EMERGENCY DESIGNATION- The amount appropriated under subsection (a) is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).

    (c) This section shall take effect on the date of enactment of this Act.

    SEC. 521. Within 90 days after the date of enactment of this Act, the Department of Homeland Security's Office of Inspector General shall issue a report to the House and Senate Committees on Appropriations, the House and Senate Committees on Homeland Security, and the Senate Committee on Commerce, Science, and Transportation regarding the steps the Department has taken to comply with the recommendations of the Inspector General's Report on the Port Security Grant Program (OIG-05-10).

    SEC. 522. (a) Not later than September 30, 2006, the Secretary of Homeland Security shall submit a report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives that includes--

      (1) the results of the survey under subsection (c); and

      (2) a plan to implement changes to address problems identified in the survey.

    (b) Not later than June 30, 2006, the Secretary of Homeland Security shall submit an interim report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives on the specific design of the survey under subsection (c).

    (c) In preparing the report under subsection (a), the Secretary of Homeland Security shall conduct a survey of State and local government emergency officials that--

      (1) involve enough respondents to get an adequate, representational response from police, fire, medical, and emergency planners on the regional, State, county, and municipal levels, and other State and local homeland security officials as determined by the Secretary; and

      (2) identifies problems relating to the effectiveness and user-friendliness of programs in which the Department of Homeland Security interacts with State and local officials, including grant management, intelligence sharing, training, incident management, regional coordination, critical infrastructure prioritization, and long-term homeland security planning.

    SEC. 523. QUADRENNIAL HOMELAND DEFENSE REVIEW. (a) IN GENERAL-

      (1) FREQUENCY AND SCOPE- Beginning in fiscal year 2008, and every 4 years thereafter, the Secretary of Homeland Security shall conduct every 4 years, during a year following a year evenly divisible by 4, a comprehensive examination of the national homeland defense strategy, inter-agency cooperation, preparedness of Federal response assets, infrastructure, budget plan, and other elements of the homeland defense program and policies of the United States with a view toward determining and expressing the homeland defense strategy of the United States and establishing a homeland defense program for the next 20 years. Each review under this paragraph shall be known as the `quadrennial homeland defense review'.

      (2) CONSULTATION- Each quadrennial homeland defense review under paragraph (1) shall be conducted in consultation with the Attorney General of the United States and the Secretaries of State, Defense, Health and Human Services, and the Treasury.

    (b) Contents of Review- Each quadrennial homeland defense review shall--

      (1) delineate a national homeland defense strategy consistent with the most recent National Response Plan prepared under Homeland Security Presidential Directive 5 or any directive meant to replace or augment that directive;

      (2) describe the inter-agency cooperation, preparedness of Federal response assets, infrastructure, budget plan, and other elements of the homeland defense program and policies of the United States associated with that national homeland defense strategy required to execute successfully the full range of missions called for in the national homeland defense strategy delineated under paragraph (1); and

      (3) identify--

        (A) the budget plan required to provide sufficient resources to successfully execute the full range of missions called for in that national homeland defense strategy at a low-to-moderate level of risk, and

        (B) any additional resources required to achieve such a level of risk.

    (c) Level of Risk- The assessment of the level of risk for purposes of subsection (b)(3) shall be conducted by the Secretary of Homeland Security in consultation with the Director of National Intelligence.

    (d) Reporting-

      (1) IN GENERAL- The Secretary of Homeland Security shall submit a report regarding each quadrennial homeland defense review to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. The report shall be submitted not later than September 30 of the year in which the review is conducted.

      (2) CONTENTS OF REPORT- The report submitted under paragraph (1) shall include--

        (A) the results of the quadrennial homeland defense review;

        (B) the threats to the assumed or defined national homeland security interests of the United States that were examined for the purposes of the review and the scenarios developed in the examination of those threats;

        (C) the status of cooperation among Federal agencies in the effort to promote national homeland security;

        (D) the status of cooperation between the Federal Government and State governments in preparing for emergency response to threats to national homeland security, and

        (E) any other matter the Secretary of Homeland Security considers appropriate.

    SEC. 524. RAIL TUNNEL SECURITY RESEARCH. (a) FINDINGS- The Senate finds that--

      (1) railroad tunnels, and underground stations have been identified as particularly high risk terrorist targets because of the potential for large passenger volumes, confined spaces, relatively unrestricted access, and the potential for network disruptions and significant economic, political and social impact;

      (2) many rail tunnels have safety problems including structural deficiencies, ventilation problems, lack of communications equipment and insufficient emergency access and exits;

      (3) there are more than 898 miles of rail tunnels in transit systems across the country;

      (4)(A) security experts have identified a number of technology and training needs to prevent attacks on tunnels and to mitigate and remediate the impact of such attacks;

      (B) technological needs include detection systems, dispersal control, and decontamination techniques; and

      (C) training for emergency response to a variety of scenarios is also needed; and

    (b) SENSE OF THE SENATE- It is the sense of the Senate that--

      (1) the Department of Homeland Security is urged to invest in research to promote tunnel rail safety as well as training to ensure first responders are prepared to respond to rail tunnel emergencies; and

      (2) employing existing Federal facilities in this effort can result in efficiencies and permit this important research to proceed at decreased cost to the taxpayer and with minimal interference with ongoing passenger and freight rail traffic.

    SEC. 525. Upon completion of the Department of Homeland Security's operational testing of man portable air defense system (MANPAD) countermeasure systems for commercial aircraft, the Secretary of Homeland Security is encouraged to designate an agency within the Department as having responsibility for managing the procurement and installation of such systems, and may use any unobligated funds provided under title I to establish an office within the designated agency for that purpose.

    SEC. 526. (a) Not later than 15 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency (including the Emergency Preparedness and Response Directorate and all other staff under the direction of the Secretary) (referred to in this section as the `Secretary'), shall provide to the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate--

      (1) a detailed list that describes, as of the date of enactment of this Act, all associated costs (as determined by the Secretary) incurred by New York City, the State of New York, and any other entity or organization established by New York City or the State of New York, as a result of the terrorist attacks of September 11, 2001, that were paid using funds made available by Congress; and

      (2) a detailed description of--

        (A) the amounts of funds made available after the terrorist attacks of September 11, 2001, that remain unexpended as of the date of enactment of this Act;

        (B) the accounts containing those unexpended funds; and

        (C) a detailed description of any plans for expenditure or obligation of those unexpended funds.

    (b) Not later than 15 days after the date of receipt of a request from the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate for any information directly related to information described in subsection (a), the Secretary, and such staff located in a regional office of the Department of Homeland Security or the Federal Emergency Management Agency as the Secretary determines to be appropriate, shall provide the information to the Subcommittee.

    SEC. 527. (a) Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall assess and report in writing to the Committee on Appropriations, the Committee on Homeland Security and Government Affairs, and the Committee on Commerce, Science, and Transportation of the Senate on the following:

      (1) The vulnerability posed to high risk areas and facilities from general aviation aircraft that could be stolen or used as a weapon or armed with a weapon.

      (2) The security vulnerabilities existing at general aviation airports that would permit general aviation aircraft to be stolen.

      (3) Low-cost, high-performance technology that could be used to easily track general aviation aircraft that could otherwise fly undetected.

      (4) The feasibility of implementing security measures that would disable general aviation aircraft while on the ground and parked to prevent theft.

      (5) The feasibility of performing requisite background checks on individuals working at general aviation airports that have access to aircraft or flight line activities.

      (6) An assessment of the threat posed to high population areas, nuclear facilities, key infrastructure, military bases, and transportation infrastructure that stolen or hijacked general aviation aircraft pose especially if armed with weapons or explosives.

      (7) An assessment of existing security precautions in place at general aviation airports to prevent breaches of the flight line and perimeter.

      (8) An assessment of whether unmanned air traffic control towers provide a security or alert weakness to the security of general aviation aircraft.

      (9) An assessment of the additional measures that should be adopted to ensure the security of general aviation aircraft.

    (b) The report required by subsection (a) shall include cost estimates associated with implementing each of the measures recommended in the report.

    SEC. 528. (a) Definitions- In this section:

      (1) DATA-MINING- The term `data-mining' means a query or search or other analysis of 1 or more electronic databases, whereas--

        (A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government for purposes other than intelligence or law enforcement;

        (B) a department or agency of the Federal Government or a non-Federal entity acting on behalf of the Federal Government is conducting the query or search or other analysis to find a predictive pattern indicating terrorist or criminal activity; and

        (C) the search does not use a specific individual's personal identifiers to acquire information concerning that individual.

      (2) DATABASE- The term `database' does not include telephone directories, news reporting, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions.

    (b) Reports on Data-Mining Activities by the Department of Homeland Security-

      (1) REQUIREMENT FOR REPORT- The head of each department or agency in the Department of Homeland Security that is engaged in any activity to use or develop data-mining technology shall each submit a report to Congress on all such activities of the agency under the jurisdiction of that official. The report shall be made available to the public.

      (2) CONTENT OF REPORT- A report submitted under paragraph (1) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information:

        (A) A thorough description of the data-mining technology and the data that is being or will be used.

        (B) A thorough description of the goals and plans for the use or development of such technology and, where appropriate, the target dates for the deployment of the data-mining technology.

        (C) An assessment of the efficacy or likely efficacy of the data-mining technology in providing accurate information consistent with and valuable to the stated goals and plans for the use or development of the technology.

        (D) An assessment of the impact or likely impact of the implementation of the data-mining technology on the privacy and civil liberties of individuals.

        (E) A list and analysis of the laws and regulations that govern the information being or to be collected, reviewed, gathered, analyzed, or used with the data-mining technology.

        (F) A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such technology for data-mining in order to--

          (i) protect the privacy and due process rights of individuals; and

          (ii) ensure that only accurate information is collected, reviewed, gathered, analyzed, or used.

        (G) Any necessary classified information in an annex that shall be available to the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.

      (3) TIME FOR REPORT- Each report required under paragraph (1) shall be submitted not later than 90 days after the end of fiscal year 2006.

    SEC. 529. SPENDING OVERSIGHT--None of the funds made available in this Act shall be used for items identified in the Inspector General's Report of March 2005 `Irregularities in the Development of the Transportation Security Operations Center' as wasteful.

    SEC. 530. (a) Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall designate the Natrona International Airport in Casper, Wyoming, as an airport at which private aircraft described in subsection (b) may land for processing by the United States Customs and Border Protection in accordance with section 122.24(b) of title 19, Code of Federal Regulations, and such airport shall not be treated as a user fee airport for purposes of section 122.15 of title 19, Code of Federal Regulations.

    (b) Private Aircraft- Private aircraft described in this subsection are private aircraft that--

      (1) arrive in the United States from a foreign area and have a final destination in the United States of Natrona International Airport in Casper, Wyoming; and

      (2) would otherwise be required to land for processing by the United States Customs and Border Protection at an airport listed in section 122.24(b) of title 19, Code of Federal Regulations, in accordance with such section.

    (c) Definition- In this section, the term `private aircraft' has the meaning given such term in section 122.23(a)(1) of title 19, Code of Federal Regulations.

    SEC. 531. It is the sense of the Senate that the Federal Emergency Management Agency or any other organization within the Department of Homeland Security should continue to coordinate with the American Red Cross in developing a mass care plan for the United States in response to a catastrophic event.

    SEC. 532. (a) FINDINGS- The Senate makes the following findings:

      (1) The Joint Explanatory Statement to accompany the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13) requires the Department of Defense to set forth in a report to Congress a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq.

      (2) The report requires performance standards and goals for security, economic, and security force training objectives in Iraq together with a notional timetable for achieving these goals.

      (3) In specific, the report required, at a minimum, the following:

        (A) With respect to stability and security in Iraq, the following:

          (i) Key measures of political stability, including the important political milestones that must be achieved over the next several years.

          (ii) The primary indicators of a stable security environment in Iraq, such as number of engagements per day, numbers of trained Iraqi forces, and trends relating to numbers and types of ethnic and religious-based hostile encounters.

          (iii) An assessment of the estimated strength of the insurgency in Iraq and the extent to which it is composed of non-Iraqi fighters.

          (iv) A description of all militias operating in Iraq, including the number, size, equipment strength, military effectiveness, sources of support, legal status, and efforts to disarm or reintegrate each militia.

          (v) Key indicators of economic activity that should be considered the most important for determining the prospects of stability in Iraq, including--

            (I) unemployment levels;

            (II) electricity, water, and oil production rates; and

            (III) hunger and poverty levels.

          (vi) The criteria the Administration will use to determine when it is safe to begin withdrawing United States forces from Iraq.

      (B) With respect to the training and performance of security forces in Iraq, the following:

          (i) The training provided Iraqi military and other Ministry of Defense forces and the equipment used by such forces.

          (ii) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense forces, goals for achieving certain capability and readiness levels (as well as for recruiting, training, and equipping these forces), and the milestones and notional timetable for achieving these goals.

          (iii) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraqi battalions that are--

            (I) capable of conducting counterinsurgency operations independently;

            (II) capable of conducting counterinsurgency operations with the support of United States or coalition forces; or

            (III) not ready to conduct counterinsurgency operations.

          (iv) The rates of absenteeism in the Iraqi military forces and the extent to which insurgents have infiltrated such forces.

          (v) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such forces.

          (vi) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior forces, goals for achieving certain capability and readiness levels (as well as for recruiting, training, and equipping), and the milestones and notional timetable for achieving these goals, including--

            (I) the number of police recruits that have received classroom training and the duration of such instruction;

            (II) the number of veteran police officers who have received classroom instruction and the duration of such instruction;

            (III) the number of police candidates screened by the Iraqi Police Screening Service, the number of candidates derived from other entry procedures, and the success rates of those groups of candidates;

            (IV) the number of Iraqi police forces who have received field training by international police trainers and the duration of such instruction; and

            (V) attrition rates and measures of absenteeism and infiltration by insurgents.

          (vii) The estimated total number of Iraqi battalions needed for the Iraqi security forces to perform duties now being undertaken by coalition forces, including defending the borders of Iraq and providing adequate levels of law and order throughout Iraq.

          (viii) The effectiveness of the Iraqi military and police officer cadres and the chain of command.

          (ix) The number of United States and coalition advisors needed to support the Iraqi security forces and associated ministries.

          (x) An assessment, in a classified annex if necessary, of United States military requirements, including planned force rotations, through the end of calendar year 2006.

      (3) The deadline for submittal of the report to Congress was 60 days after the date of the enactment of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, that is July 11, 2005, and every 90 days thereafter through the end of fiscal year 2006.

      (4) The report has not yet been received by Congress.

      (5) The availability of accurate data on key performance indicators is critical to understanding whether the United States strategy in Iraq is succeeding, and the substantial resources provided by Congress, which total more than $200,000,000,000 and an approximate monthly expenditure of $5,000,000,000, with substantial resource expenditures still to come, are being utilized effectively.

    (b) SENSE OF SENATE- It is the sense of the Senate that--

      (1) the information requested in the report described by subsection (a) is critical--

        (A) to fulfilling the oversight obligations of Congress;

        (B) to ensuring the success of United States strategy in Iraq;

        (C) to maximizing the effectiveness of the substantial resources provided by Congress and the American people for United States efforts in Iraq;

        (D) to identifying when the Iraqi security forces will be able to assume responsibility for security in Iraq; and

        (E) to obtaining an estimate of the level of United States troops that will be necessary in Iraq during 2005 and 2006, and in any years thereafter;

      (2) the report should be provided by the Department of Defense, as required by the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 as soon as possible; and

      (3) the Secretary of Defense should communicate to Congress and the American people why the report was not submitted to Congress by the original deadline for its submittal.

    SEC. 533. SENSE OF THE SENATE. (a) FINDINGS- The Senate finds that:

      (1) On February 6, 2002, Director of Central Intelligence George Tenet testified that `[A]l Qaeda or other terrorist groups might also try to launch conventional attacks against the chemical or nuclear industrial infrastructure of the United States to cause widespread toxic or radiological damage.'

      (2) On April 27, 2005, the GAO found that `Experts agree that the nation's chemical facilities present an attractive target for terrorists intent on causing massive damage. For example, the Department of Justice has concluded that the risk of an attempt in the foreseeable future to cause an industrial chemical release is both real and credible. Terrorist attacks involving the theft or release of certain chemicals could significantly impact the health and safety of millions of Americans, disrupt the local or regional economy, or impact other critical infrastructures that rely on chemicals, such as drinking water and wastewater treatment systems.'

      (3) As of May 2005, according to data collected pursuant to the Risk Management Plan (RMP) of the Environmental Protection Agency (EPA), a worst-case release of chemicals from 2237 facilities would potentially affect between 10,000 and 99,999 people, a release from 493 facilities would potentially affect between 100,000 and 999,000, and a release from 111 facilities would potentially affect over 1,000,000.

      (4) On April 27, 2005, the GAO found that EPA and RMP data was based on a release from a single vessel or pipe rather than the entire quantity on site and that `[A]n attack that breached multiple chemical vessels simultaneously could result in a larger release with potentially more severe consequences than those outlined in `worst-case' scenarios.'

      (5) On April 27, 2005, the GAO found that `Despite efforts by DHS to assess facility vulnerabilities and suggest security improvements, no one has comprehensively assessed security at facilities that house chemicals nationwide.' GAO further testified that `EPA officials estimated in 2003, that voluntary initiatives led by industry associations only reach a portion of the 15,000 RMP facilities. Further, EPA and DHS have stated publicly that voluntary efforts alone are not sufficient to assure the public of the industry's preparedness.'

      (6) On June 15, 2005, Thomas P. Dunne, Deputy Assistant Administrator for the Office of Solid Waste and Emergency Response of the EPA testified that `[O]nly a fraction of U.S. hazardous chemical facilities are currently subject to Federal security requirements' and that `we cannot be sure that every high-risk chemical facility has taken voluntary action to secure itself against terrorism.'

      (7) On June 15, 2005, Robert Stephan, Acting Undersecretary for Information Analysis and Infrastructure Protection and Assistant Secretary for Infrastructure Protection at the Department of Homeland Security testified that that the Department `has concluded that from the regulatory perspective, the existing patchwork of authorities does not permit us to regulate the industry effectively.' Stephen further testified that `[I]t has become clear that the entirely voluntary efforts of [chemical facility] companies alone will not sufficiently address security for the entire sector' and that `The Department should develop enforceable performance standards...'

      (8) The Senate Committee on Homeland Security and Governmental Affairs, through a series of valuable and wide-ranging hearings, has demonstrated bipartisan commitment to effective Congressional action to protect Americans against a possible terrorist attack against chemical facilities.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that the Congress should pass legislation establishing enforceable Federal standards to protect against a terrorist attack on chemical facilities within the United States.

    SEC. 534. In light of concerns regarding inconsistent policy memoranda and guidelines issued to counties and communities affected by the 2004 hurricane season, the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, shall provide clear, concise, and uniform guidelines for the reimbursement to any county or government entity affected by a hurricane of the costs of hurricane debris removal.

    SEC. 535. Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing any changes to Federal emergency preparedness and response policies and practices made as a result of the report of the Inspector General of the Department of Homeland Security, dated May 20, 2005, relating to the individual and household program of the Federal Emergency Management Agency in Miami-Dade County, Florida, in response to Hurricane Frances.

    SEC. 536. It is the sense of the Senate that the Secretary of Homeland Security should conduct a study of the feasibility of leveraging existing FM broadcast radio infrastructure to provide a first alert, encrypted, multi-point emergency messaging system for emergency response using proven technology.

    SEC. 537. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security acting through the Under Secretary for Emergency Preparedness shall propose new inspection guidelines that prohibit inspectors from entering into a contract with any individual or entity for whom the inspector performs an inspection for purposes of determining eligibility for assistance from the Federal Emergency Management Agency.

    SEC. 538. None of the funds appropriated under this Act may be used to promulgate regulations to implement the plan developed pursuant to section 7209(b) of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1185 note) 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.

    SEC. 539. (a) Congress makes the following findings:

      (1) The Homeland Security Advisory System had been raised to threat level Code Orange, a level which indicates a high risk of terrorist attack, on six occasions since the Advisory System was created in March 2002, prior to the raising of the threat level to Code Orange following the bombings that occurred in London on July 7, 2005.

      (2) The Code Orange threat level remained in place for an average of 13 days on each of the first five occasions that it was raised to that level.

      (3) The sixth elevation of the threat level to Code Orange occurred in August 2004 and ended 98 days later, making it four times longer than any other such alert and constituting half of the days that the United States has been under a high risk of terrorist attack.

      (4) The Conference of Mayors estimates that cities in the United States spend some $70,000,000 per week to implement security measures associated with the Code Orange threat level.

      (5) The recommendation to elevate the threat level is made by the Homeland Security Council, a group of Cabinet officials and senior advisors to the President and Vice President, (in this section referred to as the `Council').

      (6) In May 2005, Secretary of Homeland Security Tom Ridge revealed that there was often considerable disagreement among the members of the Council as to whether or not the threat level should be raised.

      (7) There remains considerable confusion among the public and State and local government officials as to the decision-making process and criteria used by the Council in deciding whether the threat level should be raised to Code Orange.

    (b) Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study examining the six occasions in which the Homeland Security Advisory System was raised to Code Orange prior to July 2005 and submit to Congress a report on such study.

    (c) The report required by subsection (b) shall include an explanation and analysis of the decision-making process used by the Council to raise the threat level to Code Orange in each of the six instances prior to July 2005, including--

      (1) the criteria and standards used by the Council in reaching its decision;

      (2) a description of deliberations and votes of the Council were conducted, and whether any of the deliberations and votes have been transcribed or were otherwise recorded in some manner;

      (3) an explanation for the decision, on the sixth occasion, for the threat level to remain elevated for 98 days, and what role, if any, staff of the White House played in the decision to raise the level on that occasion;

      (4) a description of the direct and indirect costs incurred by cities, States, or the Federal Government after the threat level was raised to Code Orange on each of the six occasions; and

      (5) the recommendations of the Comptroller General of the United States, if any, for improving the Homeland Security Advisory System, including recommendations regarding--

        (A) measures that could be carried out to build greater public awareness and confidence in the work of the Council;

        (B) whether the Council and the Secretary of Homeland Security could benefit from greater transparency and the development of more clearly articulated public standards in the threat level decision-making process;

        (C) whether the current composition of the Council should be modified to include representatives from the States; and

        (D) the measures that could be carried out to minimize the costs to States and municipalities during periods when the Homeland Security Advisory System is raised to level to Code Orange.

    (d) The report required by subsection (b) shall be submitted in an unclassified form.

    SEC. 540. STRENGTHENING SECURITY AT NUCLEAR POWER PLANTS. (a) FINDINGS- The Senate finds that--

      (1) A taped interview shown on al-Jazeera television on September 10, 2002, included a statement that al-Qaeda initially planned to include a nuclear power plant in its 2001 attacks on the United States.

      (2) In the 108th Congress, the Senate Environment and Public Works Committee approved bipartisan legislation to improve nuclear plant security. No action was taken by the full Senate.

      (3) Last month, the Senate Environment and Public Works Committee again approved bipartisan legislation to improve nuclear plant security.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that the Congress should pass bipartisan legislation to address nuclear power plant security prior to the August recess.

    SEC. 541. SENSE OF THE SENATE REGARDING THREAT ASSESSMENT OF MAJOR TOURIST ATTRACTIONS. (a) FINDINGS- The Senate finds that:

      (1) Whereas terrorists target areas of high population and national significance in order to inflict the most damage to a free society.

      (2) Whereas preparedness is vital in emergency planning, prevention and response to a terrorist attack.

      (3) Whereas first responders in cities with nationally significant tourist populations face increased strain in training and preparation for terrorism.

      (4) Whereas cities with nationally significant tourist populations have been previously targeted by terrorist groups in an effort to disrupt the economy and spread fear and anxiety.

      (5) Whereas tens of millions of Americans travel to tourist destinations annually and many of those destinations lie outside of major cities and therefore are not adequately addressed by threat assessments that only include permanent city residents.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that in the assessment of threat as it relates to the dispersal of Department of Homeland Security funding the Secretary should consider tourism destinations that attract tens of millions of visitors annually as potentially high risk targets.

TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

    SEC. 601. SHORT TITLE. This title may be cited as the `Homeland Security Grant Enhancement Act of 2005'.

    SEC. 602. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND SECURITY GRANT PROGRAMS. (a) In General- Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by inserting after section 801 the following:

`SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND SECURITY GRANT PROGRAMS.

    `(a) Establishment-

      `(1) IN GENERAL- Consistent with section 871, the Secretary, in coordination with the Attorney General, the Secretary of Health and Human Services, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, and other agencies providing assistance for emergency response provider preparedness, as identified by the President, shall establish the Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs (referred to in this subtitle as the `Interagency Committee').

      `(2) COMPOSITION- The Interagency Committee shall be composed of--

        `(A) at least 2 representatives of the Department, including a representative of the United States Fire Administration;

        `(B) a representative of the Department of Health and Human Services;

        `(C) a representative of the Department of Transportation;

        `(D) a representative of the Department of Justice;

        `(E) a representative of the Environmental Protection Agency;

        `(F) at least 2 State Governors, or their designees, or other local or tribal officials; and

        `(G) a representative of any other department or agency determined to be necessary by the President.

      `(3) RESPONSIBILITIES- The Interagency Committee shall--

        `(A) provide any findings to the Information Clearinghouse established under section 801(c);

        `(B) consult with State and local governments and emergency response providers regarding their homeland security needs and capabilities;

        `(C) advise the Secretary on the development of performance measures for homeland security and other first responder assistance programs;

        `(D) compile a list of homeland security and other first responder assistance programs;

        `(E) not later than 1 year after the date of enactment of the Homeland Security Grant Enhancement Act of 2005--

          `(i) develop a proposal to coordinate, to the maximum extent practicable, the planning, reporting, application, and other guidance documents contained in homeland security assistance programs to--

            `(I) eliminate all redundant and duplicative requirements and onerous application and ongoing reporting requirements;

            `(II) ensure accountability of the programs to the intended purposes of such programs;

            `(III) coordinate expenditures of grant funds to avoid duplicative or inconsistent purchases; and

            `(IV) make the programs as user friendly as possible for applicants, including reducing lapsed time between grant applications, decisions and payments, easing fund matching requirements, and improving application guidance; and

          `(ii) submit the proposal developed under clause (i) to--

            `(I) the President;

            `(II) the Committee on Homeland Security and Governmental Affairs of the Senate; and

            `(III) the Committee on Homeland Security of the House of Representatives; and

        `(F) otherwise promote the coordination of homeland security grant programs throughout the Federal government.

    `(b) Administration- The Department shall provide administrative support to the Interagency Committee, which shall include--

      `(1) scheduling meetings;

      `(2) preparing agenda;

      `(3) maintaining minutes and records; and

      `(4) producing reports.

    `(c) Chairperson- The Secretary shall designate a chairperson of the Interagency Committee.

    `(d) Meetings- The Interagency Committee shall meet--

      `(1) at the call of the Secretary; or

      `(2) not less frequently than once every month.'.

    (b) Technical and Conforming Amendment- The table of contents for the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 801 the following:

      `Sec. 802. Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs.'.

    SEC. 603. STREAMLINING FEDERAL HOMELAND SECURITY GRANT ADMINISTRATION. (a) Director of State and Local Government Coordination and Preparedness- Section 801(a) of the Homeland Security Act of 2002 (6 U.S.C. 361(a)) is amended to read as follows:

    `(a) Establishment-

      `(1) IN GENERAL- There is established within the Office of the Secretary the Office for State and Local Government Coordination and Preparedness, which shall oversee and coordinate departmental programs for, and relationships with, State and local governments.

      `(2) EXECUTIVE DIRECTOR- The Office established under paragraph (1) shall be headed by the Executive Director of State and Local Government Coordination and Preparedness, who shall be appointed by the President, by and with the advice and consent of the Senate.'.

    (b) Office for Domestic Preparedness- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--

      (1) by redesignating section 430 as section 803 and transferring that section to the end of subtitle A of title VIII, as amended by section 602; and

      (2) in section 803, as redesignated by paragraph (1)--

        (A) in subsection (a), by striking `the Directorate of Border and Transportation Security' and inserting `the Office for State and Local Government Coordination and Preparedness';

        (B) in subsection (b), by striking `who shall be appointed by the President' and all that follows and inserting `who shall report directly to the Executive Director of State and Local Government Coordination and Preparedness.'; and

        (C) in subsection (c)--

          (i) in paragraph (7)--

            (I) by striking `other' and inserting `the'; and

            (II) by striking `consistent with the mission and functions of the Directorate';

          (ii) in paragraph (8)--

            (I) by inserting `carrying out' before `those elements'; and

            (II) by striking `and' at the end;

          (iii) in paragraph (9), by striking the period at the end and inserting `; and'; and

          (iv) by adding at the end the following:

      `(10) managing the Homeland Security Information Clearinghouse established under section 801(c).'.

    (c) Technical and Conforming Amendments-

      (1) TABLE OF CONTENTS- The table of contents for the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--

        (A) by striking the item relating to section 430;

        (B) by amending the item relating to section 801 to read as follows:

      `Sec. 801. Office of State and Local Government Coordination and Preparedness.';

        and

        (C) by inserting after the item relating to section 802, as added by this title, the following:

      `Sec. 803. Office for Domestic Preparedness.'.

      (2) SECTION HEADING- Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361) is amended by striking the section heading and inserting the following:

`SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND PREPAREDNESS.'.

    (d) Establishment of Homeland Security Information Clearinghouse- Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 361), as amended by subsection (a), is further amended by adding at the end the following:

    `(c) Homeland Security Information Clearinghouse-

      `(1) ESTABLISHMENT- There is established within the Office for State and Local Government Coordination and Preparedness a Homeland Security Information Clearinghouse (referred to in this section as the `Clearinghouse'), which shall assist States, local governments, and emergency response providers in accordance with paragraphs (2) through (6).

      `(2) HOMELAND SECURITY GRANT INFORMATION- The Clearinghouse shall create a new website or enhance an existing website, establish a toll-free number, and produce a single publication that each contain information regarding the homeland security grant programs administered by the Department.

      `(3) TECHNICAL ASSISTANCE- The Clearinghouse, in consultation with the Interagency Committee established under section 802, shall provide information regarding technical assistance provided by any Federal agency to States and local governments relating to homeland security matters, including templates for conducting threat analyses and vulnerability assessments.

      `(4) BEST PRACTICES- The Clearinghouse shall work with States, local governments, emergency response providers, the National Domestic Preparedness Consortium, the National Memorial Institute for the Prevention of Terrorism, and private organizations to gather, validate, and disseminate information regarding successful State and local homeland security programs and practices.

      `(5) USE OF FEDERAL FUNDS- The Clearinghouse shall compile information regarding equipment, training, and other services that can be purchased with Federal funds provided under homeland security grant programs and make such information, and information regarding voluntary standards of training, equipment, and exercises, available to States, local governments, and emergency response providers.

      `(6) OTHER INFORMATION- The Clearinghouse shall provide States, local governments, and emergency response providers with any other information that the Secretary determines necessary.'.

    SEC. 604. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-BASED HOMELAND SECURITY GRANT PROGRAM. (a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:

`TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-BASED HOMELAND SECURITY GRANT PROGRAM

`SEC. 1801. DEFINITIONS.

    `In this title, the following definitions shall apply:

      `(1) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means--

        `(A) any Indian tribe, as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), that--

          `(i) is located in the continental United States;

          `(ii) operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;

          `(iii) is located--

            `(I) on, or within 10 miles of, an international border or a coastline bordering an ocean or international waters;

            `(II) within 5 miles of critical infrastructure or having critical infrastructure within its territory; or

            `(III) within or contiguous to 1 of the 50 largest metropolitan statistical areas in the United States; and

          `(iv) certifies to the Secretary that a State or eligible metropolitan region is not making funds distributed under this title available to the Indian tribe or consortium of Indian tribes for the purpose for which the Indian tribe or consortium of Indian tribes is seeking grant funds; and

        `(B) a consortium of Indian tribes if each tribe satisfies the requirements of subparagraph (A).

      `(2) ELIGIBLE METROPOLITAN REGION- The term `eligible metropolitan region' means the following:

        `(A) IN GENERAL- A combination of 2 or more incorporated municipalities, counties, parishes, or Indian tribes within a metropolitan region that includes the city in that metropolitan region with the largest population. Such eligible metropolitan region may include additional local governments outside the metropolitan region that are likely to be affected by, or be called upon to respond to, a terrorist attack or other catastrophic event within the metropolitan region.

        `(B) OTHER COMBINATIONS- Any other combination of contiguous local governments that are formally certified by the Secretary as an eligible metropolitan region for purposes of this title with the consent of the State or States in which such local governments are located.

      `(3) ESSENTIAL CAPABILITIES- The term `essential capabilities' means the levels, availability, and competence of emergency personnel, planning, training, and equipment across a variety of disciplines needed to effectively and efficiently prevent, prepare for, and respond to threatened or actual domestic terrorist attacks and other catastrophic events.

      `(4) INDIAN TRIBE- The term `Indian tribe' means an entity described under section 2(10)(B).

      `(5) METROPOLITAN REGION- The term `metropolitan region' means--

        `(A) any of the 100 largest metropolitan statistical areas in the United States, as defined by the Office of Management and Budget; or

        `(B) any combined statistical area, as defined by the Office of Management and Budget, of which any metropolitan statistical area covered by subparagraph (A) is a part.

      `(6) POPULATION- The term `population' means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.

      `(7) POPULATION DENSITY- The term `population density' means population divided by land area in square miles.

      `(8) SLIDING SCALE BASELINE ALLOCATION- The term `sliding scale baseline allocation' means 0.001 multiplied by the sum of--

        `(A) the value of a State's population relative to that of the most populous of the 50 States of the United States, where the population of such States has been normalized to a maximum value of 100; and

        `(B) one-fourth of the value of a State's population density relative to that of the most densely populated of the 50 States of the United States, where the population density of such States has been normalized to a maximum value of 100.

      `(9) THREAT-BASED HOMELAND SECURITY GRANT PROGRAM- The term `Threat-Based Homeland Security Grant Program' means the program established under section 1804.

`SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL FIRST RESPONDER MISSIONS.

    `(a) In General- This title shall not be construed to affect any authority to award grants under any Federal grant program listed under subsection (b), which existed on September 10, 2001, to enhance traditional missions of State and local law enforcement, firefighters, ports, emergency medical services, or public health missions.

    `(b) Programs Not Affected- The programs referred to in subsection (a) are the following:

      `(1) The Firefighter Assistance Program authorized under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) and programs under section 34 of that Act (15 U.S.C. 2229a).

      `(2) All grant programs authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including the Emergency Management Performance Grant Program and the Urban Search and Rescue Grant program.

      `(3) The Justice Assistance Grants authorized under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (commonly known as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs).

      `(4) The Public Safety and Community Policing (COPS ON THE BEAT) Grant Program authorized under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.).

      `(5) Grant programs under the Public Health Service Act regarding preparedness for bioterrorism and other public health emergencies and the Emergency Response Assistance Program authorized under section 1412 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2312).

`SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    `(a) Establishment of Essential Capabilities-

      `(1) IN GENERAL- Building upon the national preparedness guidance issued by the Secretary, the Secretary shall establish clearly defined essential capabilities for State and local governments, in consultation with--

        `(A) the Task Force on Essential Capabilities for First Responders established under subsection (d);

        `(B) the Under Secretaries for Emergency Preparedness and Response (including representatives of the United States Fire Administration), Border and Transportation Security, Information Analysis and Infrastructure Protection, and Science and Technology, and the Executive Director of the Office for State and Local Government Coordination and Preparedness;

        `(C) the Secretary of Health and Human Services;

        `(D) other appropriate Federal agencies;

        `(E) State and local emergency response providers;

        `(F) State and local officials; and

        `(G) consensus-based standard making organizations responsible for setting standards relevant to the first responder community.

      `(2) DEADLINES- The Secretary shall--

        `(A) establish essential capabilities under paragraph (1) within 30 days after receipt of the first report under subsection (d)(3); and

        `(B) regularly update such essential capabilities as necessary, but not less than every 3 years.

      `(3) PROVISION OF ESSENTIAL CAPABILITIES- The Secretary shall ensure that a detailed description of the essential capabilities established under paragraph (1) is provided promptly to the States and to Congress. The States shall make the description of the essential capabilities available as appropriate to local governments within their jurisdictions.

    `(b) Objectives- The Secretary shall ensure that essential capabilities established under subsection (a)(1) meet the following objectives:

      `(1) SPECIFICITY- The determination of essential capabilities shall describe specifically the training, planning, personnel, and equipment that different types of communities in the Nation should possess, or to which they should have access, in order to meet the Department's goals for preparedness based upon--

        `(A) the national preparedness goal, the target capabilities list, and the national preparedness guidance;

        `(B) the most current risk assessment available by the Directorate for Information Analysis and Infrastructure Protection of the threats of terrorism against the United States;

        `(C) the risks faced by different types of communities, including communities of various sizes, geographies, and other distinguishing characteristics; and

        `(D) the principles of regional coordination and mutual aid among State and local governments.

      `(2) FLEXIBILITY- The establishment of essential capabilities shall be sufficiently flexible to allow State and local government officials to set priorities based on local or regional needs, while reaching nationally determined preparedness levels within a specified time period.

      `(3) MEASURABILITY- The establishment of essential capabilities shall be designed to enable measurement of progress toward specific terrorism preparedness goals.

      `(4) COMPREHENSIVENESS- The determination of essential capabilities shall be made within the context of a comprehensive State emergency management system.

    `(c) Factors To Be Considered- In establishing essential capabilities for different types of communities under subsection (a)(1), the Secretary specifically shall consider the variables of threat, vulnerability, and consequences with respect to population (including transient commuting and tourist populations), areas of high population density, critical infrastructure, coastline, and international borders. Such consideration shall be based upon the most current risk assessment available by the Directorate for Information Analysis and Infrastructure Protection of the threats of terrorism against the United States and the needs described in the national preparedness guidance and the target capabilities list.

    `(d) Task Force on Essential Capabilities for First Responders-

      `(1) ESTABLISHMENT-

        `(A) IN GENERAL- To assist the Secretary in establishing essential capabilities under subsection (a)(1), the Secretary shall establish an advisory body under section 871(a) not later than 60 days after the date of enactment of this section, which shall be known as the Task Force on Essential Capabilities for First Responders.

        `(B) TERMINATION- Notwithstanding section 871(b), the Task Force shall terminate 5 years after the date of its establishment, unless the Secretary makes a written determination to extend the Task Force to a specified date, which shall not be more than 5 years after the date on which such determination is made. The Secretary may make any number of subsequent extensions consistent with this subsection.

      `(2) PUBLIC COMMENT- Not later than 90 days after the date of enactment of this section, the Task Force shall solicit comment on the establishment of essential capabilities for State and local government preparedness.

      `(3) REPORT-

        `(A) IN GENERAL- Not later than 9 months after the establishment of the Task Force by the Secretary, and every 3 years thereafter, the Task Force shall submit to the Secretary a report on its recommendations for essential capabilities for preparedness for terrorism.

        `(B) CONTENTS- Each report shall--

          `(i) provide a thorough assessment of the national preparedness guidance and target capabilities list and recommendations for revisions;

          `(ii) include a priority ranking of essential capabilities in order to provide guidance to the Secretary and to Congress on determining the appropriate allocation of, and funding levels for, first responder needs;

          `(iii) set forth a methodology by which any State or local government will be able to determine the extent to which it possesses or has access to the essential capabilities that States and local governments having similar risks should obtain; and

          `(iv) describe the availability of national voluntary consensus standards, and whether there is a need for new national voluntary consensus standards, with respect to first responder training and equipment.

        `(C) COMPREHENSIVENESS- The Task Force shall ensure that, when recommending essential capabilities for terrorism preparedness, such recommendations are made within the context of a comprehensive State emergency management system.

      `(4) MEMBERSHIP-

        `(A) IN GENERAL- The Task Force shall consist of 25 members appointed by the Secretary, and shall, to the extent practicable, represent a geographic and substantive cross section of first responder disciplines from the State and local government levels, including as appropriate--

          `(i) members selected from the emergency response field, including fire service and law enforcement, hazardous materials response, emergency medical services, and emergency management personnel;

          `(ii) health scientists, emergency and inpatient medical providers, and public health professionals, including experts in emergency health care response to chemical, biological, radiological, and nuclear terrorism, and experts in providing mental health care during emergency response operations;

          `(iii) experts from Federal, State, and local governments, and the private sector, representing standards-setting organizations, including representatives from the voluntary consensus codes and standards development community, particularly those with expertise in first responder disciplines; and

          `(iv) State and local officials with expertise in terrorism preparedness and other emergency preparedness.

        `(B) COORDINATION WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES- In the selection of members of the Task Force who are health professionals, including emergency medical professionals, the Secretary shall coordinate the selection with the Secretary of Health and Human Services.

        `(C) EX OFFICIO MEMBERS- The Secretary shall designate 1 or more officers of the Department to serve as ex officio members of the Task Force. One of the ex officio members from the Department shall be the designated officer of the Federal Government for purposes of subsection (e) of section 10 of the Federal Advisory Committee Act (5 U.S.C. App.).

      `(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT- Notwithstanding section 871(a), the Federal Advisory Committee Act (5 U.S.C. App.), including subsections (a), (b), and (d) of section 10 of the Federal Advisory Committee Act, and section 552b(c) of title 5, United States Code, shall apply to the Task Force.

`SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

    `(a) Establishment-

      `(1) IN GENERAL- There is established the Threat-Based Homeland Security Grant Program, which includes--

        `(A) formula-based grants for State and local programs administered by the Office of State and Local Government Coordination and Preparedness, including the State Homeland Security Grant Program, and the Law Enforcement Terrorism Prevention Program under section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714);

        `(B) discretionary grants for State and local programs administered by the Office of State and Local Government Coordination and Preparedness for use in high-threat, high-density urban areas, including the Urban Area Security Initiative Program; and

        `(C) any successor program to any program described in subparagraph (A) or (B).

      `(2) GRANTS AUTHORIZED- The Secretary may award grants to States and eligible metropolitan regions under the Threat-Based Homeland Security Grant Program to enhance homeland security.

      `(3) RELATIONSHIP TO OTHER LAWS- The Threat-Based Homeland Security Grant Program shall be deemed to satisfy the requirements of section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714). The allocation of grants authorized under this section shall be governed by the terms of this section and not by any other provision of law.

    `(b) Use of Funds-

      `(1) IN GENERAL- Grants awarded under this section--

        `(A) shall be used to address homeland security matters related to acts of terrorism or catastrophic events, related capacity building, or otherwise addressing shortfalls in essential capabilities; and

        `(B) shall not be used to supplant ongoing emergency response expenses or general protective measures.

      `(2) ALLOWABLE USES- Grants awarded under this section may be used to achieve essential capabilities through--

        `(A) developing State or regional plans or risk assessments (including the development of the homeland security plan under subsection (e)) to respond to terrorist attacks or other catastrophic events and community wide plans for responding to terrorist or catastrophic events that are coordinated with the capacities of applicable Federal, State, and local governments, emergency response providers, and State and local government health agencies;

        `(B) developing State, regional, or local mutual aid agreements;

        `(C) purchasing, upgrading, storing, or maintaining equipment based on State and local needs as identified under a State homeland security plan, consistent with essential capability needs;

        `(D) conducting exercises to strengthen emergency preparedness of State and local first responders including law enforcement, firefighting personnel, and emergency medical service workers, and other emergency responders identified in a State homeland security plan;

        `(E) paying for expenses relating to--

          `(i) overtime regarding training activities consistent with the goals outlined in a State homeland security plan; and

          `(ii) as determined by the Secretary, overtime activities relating to an increase in the threat level under the Homeland Security Advisory System;

        `(F) promoting training relating to homeland security preparedness including--

          `(i) emergency preparedness responses to a use or threatened use of a weapon of mass destruction; and

          `(ii) training in the use of equipment, including detection, monitoring, and decontamination equipment, and personal protective gear;

        `(G) conducting any activity permitted under the Law Enforcement Terrorism Prevention Grant Program under section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714); and

        `(H) any other activity relating to achieving essential capabilities approved by the Secretary.

      `(3) PROHIBITED USES- Grants awarded under this section may not be used to construct buildings or other physical facilities, except those described in section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196) and approved by the Secretary in the homeland security plan certified under subsection (e), or to acquire land.

    `(c) Equipment Standards- If an applicant for a grant under this section proposes to upgrade or purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards established by the Secretary under section 1807(a), the applicant shall include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.

    `(d) Application-

      `(1) STATES-

        `(A) SUBMISSION- A State may apply for a grant under this section by submitting to the Secretary an application detailing how requested funds would be used to achieve essential capabilities and containing such other information the Secretary may reasonably require.

        `(B) REVISIONS- A State may revise a homeland security plan certified under subsection (e) at the time an application is submitted under subparagraph (A) after receiving approval from the Secretary.

        `(C) APPROVAL- The Secretary shall not award a grant under this section unless--

          `(i) the State submitting the application has previously submitted a homeland security plan meeting the requirements of subsection (e); and

          `(ii) the Secretary finds that the report submitted by the recipient under subsection (g) demonstrates significant progress toward achieving essential capabilities and meeting the goals in the homeland security plan of the State.

        `(D) RELEASE OF FUNDS- The Secretary shall release grant funds to States with approved plans after the approval of an application submitted under this paragraph.

      `(2) ELIGIBLE METROPOLITAN REGIONS-

        `(A) SUBMISSION- An eligible metropolitan region may apply for a grant under this section by submitting an application through the Governor of each State within which any part of the relevant metropolitan region is located.

        `(B) CONTENTS- An application under this paragraph shall include--

          `(i) a description of how requested funds would be used to achieve essential capabilities;

          `(ii) an explanation of how the proposed use of funds would be consistent with the homeland security plans of all relevant States;

          `(iii) a geographic description of the eligible metropolitan region, including a list of all local governments participating in the application;

          `(iv) an explanation of how the applicant intends to expend funds under the grant, to administer such funds, and to allocate such funds among the participating local governments;

          `(v) if not all of the incorporated municipalities, counties, parishes, or Indian tribes in a metropolitan region are participating in the application, or if additional local governments outside the metropolitan region are participating, an explanation of why the eligible metropolitan region, as constituted, is an appropriate unit to receive grants to prevent, prepare for, and respond to acts of terrorism and other catastrophic events; and

          `(vi) such other information the Secretary may reasonably require.

        `(C) STATE REVIEW AND SUBMISSION-

          `(i) IN GENERAL- To ensure consistency with State homeland security plans, an eligible metropolitan region or a directly eligible tribe applying for a grant under this paragraph shall submit its application to each State within which any part of the eligible metropolitan region or directly eligible tribe is located for review before submission of such application to the Secretary.

          `(ii) DEADLINE- Not later than 30 days after receiving an application from an eligible metropolitan region or directly eligible tribe, each such State shall transmit the application to the Secretary.

          `(iii) STATE DISAGREEMENT- If the Governor of any such State determines that a regional or tribal application is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall--

            `(I) notify the Secretary, in writing, of that fact; and

            `(II) provide an explanation of the reasons for not supporting the application at the time of transmission of the application.

    `(e) Homeland Security Plan-

      `(1) IN GENERAL- A State applying for a grant under this section shall have a 3-year State homeland security plan (referred to in this subsection as the `plan') to respond to terrorist attacks and other catastrophic events that has been approved by the Secretary.

      `(2) CONTENTS- The plan shall contain--

        `(A) a 3-year strategy to--

          `(i) ensure that the funds allocated to local governments are used exclusively to meet the needs and capabilities described under paragraph (3)(C);

          `(ii) provide for interoperable communications;

          `(iii) provide for local coordination of response and recovery efforts, including procedures for effective incident command in conformance with the National Incident Management System;

          `(iv) ensure that first responders and other emergency personnel have adequate training and appropriate equipment for the threats that may occur;

          `(v) provide for improved coordination and collaboration among law enforcement, fire, and public health authorities at Federal, State, local, and tribal government levels;

          `(vi) coordinate emergency response and public health plans;

          `(vii) mitigate risks to critical infrastructure that may be vulnerable to terrorist attacks;

          `(viii) promote regional coordination among contiguous local governments;

          `(ix) identify necessary protective measures by private owners of critical infrastructure;

          `(x) promote orderly evacuation procedures when necessary;

          `(xi) ensure support from the public health community for measures needed to prevent, detect, and treat bioterrorism, and radiological and chemical incidents;

          `(xii) increase the number of local jurisdictions participating in local and statewide exercises; and

          `(xiii) meet preparedness goals as determined by the Secretary;

        `(B) objective measures for assessing the extent to which the goals and objectives set forth in paragraph (A) have been achieved;

        `(C) priorities for the allocation of funding to local governments based on the risk, capabilities, and needs described under paragraph (3)(C); and

        `(D) a report from the relevant advisory committee established under paragraph (3)(D) that documents the areas of support, disagreement, or recommended changes to the plan before its submission to the Secretary.

      `(3) DEVELOPMENT PROCESS-

        `(A) IN GENERAL- In preparing the plan under this section, a State shall--

          `(i) provide for the consideration of all homeland security needs;

          `(ii) follow a process that is continuing, inclusive, cooperative, and comprehensive, as appropriate; and

          `(iii) coordinate the development of the plan with the homeland security planning activities of local governments.

        `(B) COORDINATION WITH LOCAL PLANNING ACTIVITIES- The coordination under subparagraph (A)(iii) shall contain input from local stakeholders, including--

          `(i) local officials, including representatives of rural, high-population, and high-threat jurisdictions and of Indian tribes;

          `(ii) emergency response providers; and

          `(iii) private sector companies that own or operate critical infrastructure.

        `(C) SCOPE OF PLANNING- Each State preparing a plan under this section shall, in conjunction with the local stakeholders under subparagraph (B), address all the information requested by the Secretary, and complete a comprehensive assessment of--

          `(i) risk, including a--

            `(I) vulnerability and consequence assessment;

            `(II) threat assessment; and

            `(III) public health assessment, in coordination with the State bioterrorism plan; and

          `(ii) capabilities and needs, consistent with the essential capabilities established by the Secretary, including--

            `(I) an evaluation of current preparedness, mitigation, and response capabilities based on such assessment mechanisms as shall be determined by the Secretary;

            `(II) an evaluation of capabilities needed to address the risks described under clause (i); and

            `(III) an assessment of the shortfall between the capabilities described under subclause (I) and the required capabilities described under subclause (II).

        `(D) ADVISORY COMMITTEE-

          `(i) IN GENERAL- Each State preparing a plan under this section shall establish an advisory committee to receive comments from the public and the local stakeholders identified under subparagraph (B).

          `(ii) COMPOSITION-

            `(I) IN GENERAL- The Advisory Committee shall include--

`(aa) local officials; and

`(bb) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers.

            `(II) GEOGRAPHIC REPRESENTATION- The members of the Advisory Committee shall be a representative group of individuals from the counties, cities, towns, and Indian tribes within the State, including representatives of rural, high-population, and high-threat jurisdictions.

      `(4) PLAN APPROVAL- The Secretary shall approve a plan upon finding that the plan meets the requirements of--

        `(A) paragraphs (2) and (3); and

        `(B) any other criteria the Secretary determines necessary to the approval of a State plan.

      `(5) REVIEW OF ADVISORY COMMITTEE REPORT- The Secretary shall review the recommendations of the advisory committee report incorporated into a plan under subsection (e)(2)(D), including any dissenting views submitted by advisory committee members, to ensure cooperation and coordination between State and local government jurisdictions in planning for the use of grant funds under this section.

    `(f) Allocation-

      `(1) SLIDING SCALE BASELINE DISTRIBUTION-

        `(A) STATES- Each State whose application is approved under subsection (d) shall receive, for each fiscal year, the greater of--

          `(i) 0.55 percent of the amounts appropriated for the Threat-Based Homeland Security Grant Program; or

          `(ii) the State's sliding scale baseline allocation of 28.62 percent of the amounts appropriated for the Threat-Based Homeland Security Grant Program.

        `(B) OTHER ENTITIES- Notwithstanding subparagraph (A)--

          `(i) the District of Columbia shall receive for each fiscal year 0.55 percent of the amounts appropriated for the Threat-Based Homeland Security Grant Program;

          `(ii) the Commonwealth of Puerto Rico shall receive for each fiscal year 0.35 percent of the amounts appropriated for the Threat-Based Homeland Security Grant Program;

          `(iii) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands shall each receive 0.055 percent of the amounts appropriated for the Threat-Based Homeland Security Grant Program; and

          `(iv) no possession of the United States shall receive a baseline distribution under subparagraph (A).

      `(2) URBAN AREA SECURITY INITIATIVE DISTRIBUTION-

        `(A) DISTRIBUTION- After the distribution under paragraph (1), the Secretary may allocate up to 50 percent of the funds remaining to provide grants to eligible metropolitan regions and directly eligible tribes.

        `(B) CRITERIA-

          `(i) IN GENERAL- The Secretary shall allocate the grants under this paragraph to assist eligible metropolitan regions and directly eligible tribes to achieve essential capabilities to effectively prevent, prepare for, and respond to acts of terrorism or other catastrophic events.

          `(ii) PRIORITIZATION- In prioritizing among the applications of eligible metropolitan regions and directly eligible tribes for such funds, the Secretary shall consider the relative threat, vulnerability, and consequences faced by an eligible metropolitan region or directly eligible tribe from a terrorist attack, including consideration of--

            `(I) whether there has been a prior terrorist attack in the eligible metropolitan region or in the area in which the directly eligible tribe is located;

            `(II) whether any part of the eligible metropolitan region or the area in which the directly eligible tribe is located has ever had a higher threat level under the Homeland Security Advisory System than the threat level for the United States as a whole;

            `(III) the population of the eligible metropolitan region or directly eligible tribe, except that the Secretary shall not establish a minimum population requirement that would disqualify from consideration a locality that otherwise faces significant threats, vulnerabilities, or consequences from acts of terrorism;

            `(IV) the population density of the eligible metropolitan region or the area in which the directly eligible tribe is located;

            `(V) the degree of threat, vulnerability, and consequence to the eligible metropolitan region or directly eligible tribe related to critical infrastructure or key assets identified by the Secretary or State homeland security plan, including threats, vulnerabilities, and consequences from critical infrastructure in nearby jurisdictions;

            `(VI) whether the eligible metropolitan region or the area in which the directly eligible tribe is located is at or near an international border;

            `(VII) whether the eligible metropolitan region or the area in which the directly eligible tribe is located has a coastline bordering ocean or international waters;

            `(VIII) threats, vulnerabilities, and consequences faced by the eligible metropolitan region or directly eligible tribe related to at-risk sites or activities in nearby jurisdictions, including the need to respond to terrorist attacks arising in those jurisdictions;

            `(IX) the extent to which the eligible metropolitan region or directly eligible tribe has unmet essential capabilities;

            `(X) the extent to which the application of the eligible metropolitan region includes all incorporated municipalities, counties, parishes, and Indian tribes within the relevant metropolitan region; and

            `(XI) such other factors as are specified in writing by the Secretary.

        `(C) DISTRIBUTION OF AWARDS TO METROPOLITAN REGIONS-

          `(i) IN GENERAL- If the Secretary approves the application of an eligible metropolitan region for a grant under this section, the Secretary shall distribute the regional grant funds to the State or States in which the eligible metropolitan region is located.

          `(ii) STATE DISTRIBUTION OF FUNDS- Each State shall provide the eligible metropolitan region not less than 80 percent of the grant funds. Any funds retained by a State shall be expended on items or services approved by the Secretary and that benefit the eligible metropolitan region.

          `(iii) MULTISTATE REGIONS- If parts of an eligible metropolitan region awarded a grant are located in 2 or more States, the Secretary shall distribute to each such State a portion of the grant funds in proportion to that State's share of the population of the eligible metropolitan region, unless the Governors of each State (or in the case of the District of Columbia, the Mayor) agree otherwise.

        `(D) DIRECTLY ELIGIBLE TRIBES-

          `(i) IN GENERAL- Notwithstanding subsection (a)(2), the Secretary may award grants to directly eligible tribes under the Threat-Based Homeland Security Grant Program as part of the Urban Area Security Initiative Distribution.

          `(ii) TRIBAL APPLICATIONS- A directly eligible tribe may apply for a grant under this section by submitting an application to the Secretary that includes the information required for an application by an eligible region under clauses (i), (ii), (iii), (iv), and (vi) of subsection (d)(2)(B).

          `(iii) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES- If the Secretary approves the application of a directly eligible tribe for a grant under this section, the Secretary shall distribute the grant funds directly to the directly eligible tribe. The funds shall not be distributed to the State or States in which the directly eligible tribe is located.

          `(iv) TRIBAL LIAISON- A directly eligible tribe applying for a grant under this section shall designate a specific individual to serve as the tribal liaison who shall--

            `(I) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;

            `(II) develop a process for receiving input from Federal, State, local, regional, and private officials to assist in the development of the application of such tribe and to improve the tribe's access to grants; and

            `(III) administer, in consultation with State, local, regional, and private officials, grants awarded to such tribe.

          `(v) TRIBES RECEIVING DIRECT GRANTS- An Indian tribe that receives a grant directly under this section is eligible to receive funds for other purposes under a grant from the State or States within the boundaries of which any part of such tribe is located, consistent with the homeland security plan of the State, as described in subsection (e).

        `(E) RULE OF CONSTRUCTION- Nothing in this section shall be construed to affect the existing authority of an Indian tribe that receives funds under this section.

      `(3) THREAT-BASED DISTRIBUTION TO STATES-

        `(A) IN GENERAL- After the distribution of funds under paragraphs (1) and (2), the Secretary shall, from the remaining funds for the Threat-Based Homeland Security Grant Program, distribute amounts to each State to assist that State in achieving essential capabilities to effectively prevent, prepare for, and respond to acts of terrorism and other catastrophic events.

        `(B) PRIORITIZATION- In prioritizing among State applications for such funds, the Secretary shall--

          `(i) consider the relative threat, vulnerability, and consequences faced by a State from a terrorist attack, including consideration of--

            `(I) whether there has been a prior terrorist attack in a metropolitan region that is wholly or partly in the State, or in the State itself;

            `(II) whether any part of the State has ever had a higher threat level under the Homeland Security Advisory System than the threat level for the United States as a whole;

            `(III) the percent of a State's population residing in metropolitan statistical areas, as defined by the Office of Management and Budget;

            `(IV) the degree of threat, vulnerability, and consequence related to critical infrastructure or key assets identified by the Secretary or State homeland security plan;

            `(V) whether the State has an international border;

            `(VI) whether the State has a coastline bordering ocean or international waters;

            `(VII) threats, vulnerabilities, and consequences faced by a State related to at-risk sites or activities in adjacent States, including the need to respond to terrorist attacks arising in adjacent States;

            `(VIII) the extent to which the State has unmet essential capabilities; and

            `(IX) such other factors as are specified in writing by the Secretary; and

          `(ii) balance the goal of ensuring that the essential capabilities of the highest-risk areas are achieved quickly and the goal of ensuring that basic levels of preparedness, as measured by the attainment of essential capabilities, are achieved nationwide.

        `(C) MULTI-STATE PARTNERSHIPS-

          `(i) IN GENERAL- Instead of, or in addition to, any application for funds under subparagraph (A), 2 or more States may submit applications under this paragraph for multi-State efforts to prevent, prepare for, or respond to acts of terrorism or other catastrophic events.

          `(ii) GRANTEES- Multi-State grants may be awarded to either--

            `(I) an individual State acting on behalf of a consortium or partnership of States with the consent of all member States; or

            `(II) a group of States applying as a consortium or partnership.

          `(iii) ADMINISTRATION OF GRANT- If a group of States apply as a consortium or partnership such States shall submit to the Secretary at the time of application a plan describing--

            `(I) the division of responsibilities for administering the grant; and

            `(II) the distribution of funding among the various States and entities that are party to the application.

      `(4) FUNDING FOR LOCAL GOVERNMENTS AND FIRST RESPONDERS-

        `(A) IN GENERAL- The Secretary shall require recipients of the sliding scale baseline distribution and the threat-based distribution to States to make available to local governments and emergency response providers, consistent with the applicable State homeland security plan, not less than 80 percent of the grant funds, the resources purchased with such grant funds, or a combination thereof, not later than 60 days after receiving grant funding.

        `(B) INDIAN TRIBES- States shall be responsible for allocating Federal resources to tribal communities in order to help those tribal communities achieve essential capabilities. Indian tribes shall be eligible for funding directly from the States, and shall not be required to seek funding from any local government.

        `(C) EXCEPTION- Subparagraph (A) shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands.

      `(5) SUPPLEMENT NOT SUPPLANT- Amounts appropriated for grants under this subsection shall be used to supplement and not supplant other State and local government public funds obligated for the purposes provided under this title.

      `(6) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM-

        `(A) IN GENERAL- The Secretary shall designate 25 percent of the amounts appropriated for the Threat-Based Homeland Security Grant Program to be used for the Law Enforcement Terrorism Prevention Program under section 1014 of the USA PATRIOT ACT (42 U.S.C. 3714) to provide grants to law enforcement agencies to enhance capabilities for terrorism prevention.

        `(B) USE OF FUNDS- Notwithstanding subsection (b), grants awarded under this paragraph may be used for--

          `(i) information sharing to preempt terrorist attacks;

          `(ii) target hardening to reduce the vulnerability of selected high value targets;

          `(iii) threat recognition to recognize the potential or development of a threat;

          `(iv) intervention activities to interdict terrorists before they can execute a threat;

          `(v) interoperable communication systems;

          `(vi) overtime expenses related to the homeland security plan approved by the Secretary, including overtime costs associated with providing enhanced law enforcement operations in support of Federal agencies for increased border security and border crossing enforcement; and

          `(vii) any other terrorism prevention activity authorized by the Secretary.

    `(g) Report on Homeland Security Spending- Each recipient of a grant under this section shall annually submit a report to the Secretary that contains--

      `(1) an accounting of the amount of State and local government funds spent on homeland security activities under the applicable State homeland security plan;

      `(2) information regarding the use of grant funds by the State and by units of local government as required by the Secretary; and

      `(3) progress of the recipient and subgrantees in achieving essential capabilities.

    `(h) Accountability-

      `(1) GOVERNMENT ACCOUNTABILITY OFFICE ACCESS TO INFORMATION- Each recipient of a grant under this section and the Department shall provide the Government Accountability Office with full access to information regarding the activities carried out under this section.

      `(2) AUDIT- Grant recipients that expend $500,000 or more in Federal funds during any fiscal year shall submit to the Secretary an organization wide financial and compliance audit report in conformance with the requirements of chapter 75 of title 31, United States Code.

    `(i) Remedies for Non-Compliance-

      `(1) IN GENERAL- If the Secretary finds, after reasonable notice and an opportunity for a hearing, that a recipient of a grant under this section has failed to substantially comply with any provision of this section, or with any regulations or guidelines of the Department regarding eligible expenditures, the Secretary shall--

        `(A) terminate any payment of grant funds to be made to the recipient under this section;

        `(B) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not expended by the recipient in accordance with this section; or

        `(C) limit the use of grant funds received under this section to programs, projects, or activities not affected by the failure to comply.

      `(2) DURATION OF PENALTY- The Secretary shall apply an appropriate penalty under paragraph (1) until such time as the Secretary determines that the grant recipient is in full compliance with this section or with applicable guidelines or regulations of the Department.

      `(3) DIRECT FUNDING- If a State fails to substantially comply with any provision of this section or with applicable guidelines or regulations of the Department, including failing to provide local governments with grant funds or resources purchased with grant funds in a timely fashion, a local government entitled to receive such grant funds or resources may petition the Secretary, at such time and in such manner as determined by the Secretary, to request that grant funds or resources be provided directly to the local government.

    `(j) Reports to Congress- The Secretary shall submit an annual report to Congress that provides--

      `(1) the status of preparedness goals and objectives;

      `(2) an evaluation of how States and local governments are making progress in achieving essential capabilities;

      `(3) the total amount of resources provided to the States;

      `(4) the total amount of resources provided to local governments and metropolitan regions; and

      `(5) an accounting of how these resources were expended.

    `(k) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--

      `(1) $2,925,000,000 for fiscal year 2006;

      `(2) $2,925,000,000 for fiscal year 2007; and

      `(3) such sums as are necessary for each fiscal year thereafter.

`SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND ABUSE.

    `(a) Annual Government Accountability Office Audit and Report-

      `(1) AUDIT- The Comptroller General of the United States shall conduct an annual audit of the Threat-Based Homeland Security Grant Program.

      `(2) REPORT- The Comptroller General of the United States shall provide a report to Congress on the results of the audit conducted under paragraph (1), which includes--

        `(A) an analysis of whether the grant recipients allocated funding consistent with the State homeland security plan and the guidelines established by the Department; and

        `(B) the amount of funding devoted to overtime and administrative expenses.

    `(b) Reviews of Threat-Based Homeland Security Funding- The Secretary shall conduct periodic reviews of grants made through the Threat Based Homeland Security Grant Program to ensure that recipients allocate funds consistent with the guidelines established by the Department.

`SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.

    `(a) Reallocation of Funds- The Director of the Office for Domestic Preparedness shall allow any State to request approval to reallocate funds received pursuant to appropriations for the State Homeland Security Grant Program under Public Laws 105-277 (112 Stat. 2681 et seq.), 106-113 (113 Stat. 1501A-3 et seq.), 106-553 (114 Stat. 2762A-3 et seq.), 107-77 (115 Stat. 78 et seq.), or the Consolidated Appropriations Resolution of 2003 (Public Law 108-7), among the 4 categories of equipment, training, exercises, and planning.

    `(b) Approval of Reallocation Requests- The Director shall approve reallocation requests under subsection (a) in accordance with the State homeland security plan and any other relevant factors that the Secretary determines to be necessary.

    `(c) Limitation- A waiver under this section shall not affect the obligation of a State to make available 80 percent of the amount appropriated for equipment to units of local government.

`SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND TRAINING.

    `(a) Equipment Standards-

      `(1) IN GENERAL- The Secretary, in consultation with the Under Secretaries for Emergency Preparedness and Response and Science and Technology (including a representative of the United States Fire Administration) and the Executive Director of the Office for State and Local Government Coordination and Preparedness, shall support the development of, promulgate, and update as necessary national voluntary consensus standards for the performance, use, and validation of first responder equipment for purposes of section 1804(c).

      `(2) STANDARDS- Standards under this subsection shall--

        `(A) be, to the maximum extent practicable, consistent with any existing voluntary consensus standards;

        `(B) take into account, as appropriate, new types of terrorism threats that may not have been contemplated when such existing standards were developed;

        `(C) be focused on maximizing interoperability, interchangeability, durability, flexibility, efficiency, efficacy, portability, sustainability, and safety; and

        `(D) cover all appropriate uses of the equipment.

    `(b) Training Standards-

      `(1) IN GENERAL- The Secretary, in consultation with the Under Secretaries for Emergency Preparedness and Response and Science and Technology (including a representative of the United States Fire Administration) and the Director of the Office for Domestic Preparedness, shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for first responder training that will enable State and local government first responders to achieve optimal levels of terrorism preparedness as quickly as practicable.

    `(c) Consultation With Standards Organizations- In establishing national voluntary consensus standards for first responder equipment and training under this section, the Secretary shall consult with relevant public and private sector groups, including--

      `(1) the National Institute of Standards and Technology;

      `(2) the National Fire Protection Association;

      `(3) the American National Standards Institute;

      `(4) the National Institute of Justice;

      `(5) the National Institute for Occupational Safety and Health; and

      `(6) to the extent the Secretary considers appropriate, other national voluntary consensus standards development organizations, other interested Federal, State, and local agencies, and other interested persons.

    `(d) Coordination With Secretary of HHS- In establishing any national voluntary consensus standards under this section for first responder equipment or training that involve or relate to health professionals, including emergency medical professionals, the Secretary shall coordinate activities under this section with the Secretary of Health and Human Services.

`SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL SOLID WASTE TRANSPORTED INTO THE UNITED STATES.

    `(a) Definition- In this section, the term `municipal solid waste' includes sludge (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)).

    `(b) Reports to Congress- Not later than 90 days after the date of enactment of this section, the Bureau of Customs and Border Protection shall submit a report to Congress that--

      `(1) indicates whether the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in municipal solid waste are as effective as the methodologies and technologies used by the Bureau to screen for such materials in other items of commerce entering into the United States by commercial motor vehicle transport; and

      `(2) if the methodologies and technologies used to screen solid waste are less effective than those used to screen other commercial items, identifies the actions that the Bureau will take to achieve the same level of effectiveness in the screening of solid waste, including the need for additional screening technologies.

    `(c) Impact on Commercial Motor Vehicles- If the Bureau of Customs and Border Protection fails to fully implement the actions described in subsection (b)(2) before the earlier of 6 months after the date on which the report is due under subsection (b) or 6 months after the date on which such report is submitted, the Secretary shall deny entry into the United States of any commercial motor vehicle (as defined in section 31101(1) of title 49, United States Code) carrying municipal solid waste until the Secretary certifies to Congress that the methodologies and technologies used by the Bureau to screen for and detect the presence of chemical, nuclear, biological, and radiological weapons in such waste are as effective as the methodologies and technologies used by the Bureau to screen for such materials in other items of commerce entering into the United States by commercial motor vehicle transport.'.

    (b) THREAT-BASED HOMELAND SECURITY GRANT PROGRAM-

      (1) FISCAL YEAR 2006 ADMINISTRATION- Notwithstanding any provision of title III of this Act, section 1804 of the Homeland Security Act of 2002 (as added by this section) shall apply in the administration of the Threat-Based Homeland Security Grant Program established under section 1804 of that Act.

      (2) FUNDING- All funds appropriated under paragraphs (1) and (2) under the subheading `STATE AND LOCAL PROGRAMS' under the heading `OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION AND PREPAREDNESS' under title III of this Act are appropriated for the Threat-Based Homeland Security Grant Program established under section 1804 of the Homeland Security Act of 2002 (as added by this section).

    (c) Fire Services- Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C. 101(6)) is amended by inserting `(including fire services)' after `local emergency public safety'.

    (d) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by adding at the end the following:

`TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-BASED HOMELAND SECURITY GRANT PROGRAM

`Sec. 1801. Definitions.

`Sec. 1802. Preservation of pre-9/11 grant programs for traditional first responder missions.

`Sec. 1803. Essential capabilities for first responders.

`Sec. 1804. Threat-Based Homeland Security Grant Program.

`Sec. 1805. Eliminating homeland security fraud, waste, and abuse.

`Sec. 1806. Flexibility in unspent homeland security funds.

`Sec. 1807. National standards for first responder equipment and training.

`Sec. 1808. Certification relative to the screening of municipal solid waste transported into the United States.'.

    SEC. 605. COMMUNICATION SYSTEM GRANTS. (a) In General-

      (1) ESTABLISHMENT- There is established in the Department of Homeland Security an International Border Community Interoperable Communications Demonstration Project (referred to in this section as `demonstration projects').

      (2) MINIMUM NUMBER OF COMMUNITIES- The Secretary of Homeland Security shall select no fewer than 6 communities to participate in a demonstration project.

      (3) LOCATION OF COMMUNITIES- No fewer than 3 of the communities selected under paragraph (2) shall be located on the northern border of the United States and no fewer than 3 of the communities selected under paragraph (2) shall be located on the southern border of the United States.

    (b) Program Requirements- The demonstration projects shall--

      (1) address the interoperable communications needs of police officers, firefighters, emergency medical technicians, National Guard, and other emergency response providers, as defined in the Homeland Security Act of 2002;

      (2) foster interoperable communications--

        (A) among Federal, State, local, and tribal government agencies in the United States involved in preventing or responding to terrorist attacks or other catastrophic events; and

        (B) with similar agencies in Canada or Mexico;

      (3) identify common international cross-border frequencies for communications equipment, including radio or computer messaging equipment;

      (4) foster the standardization of interoperable communications equipment;

      (5) identify solutions that will facilitate communications interoperability across national borders expeditiously;

      (6) ensure that emergency response providers can communicate with one another and the public at disaster sites or in the event of a terrorist attack or other catastrophic event;

      (7) provide training and equipment to enable emergency response providers to deal with threats and contingencies in a variety of environments; and

      (8) identify and secure appropriate joint-use equipment to ensure communications access.

    (c) Distribution of Funds-

      (1) IN GENERAL- The Secretary of Homeland Security shall distribute funds under this section to each community participating in a demonstration project under this section through the State or States in which each community is located.

      (2) OTHER PARTICIPANTS - A State receiving funds under this section shall make the funds available to the local governments and emergency response providers participating in a demonstration project selected by the Secretary of Homeland Security not later than 60 days after receiving funds.

    (d) Reporting- Not later than December 31, 2005, and each year thereafter in which funds are appropriated for a demonstration project, the Secretary of Homeland Security shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the demonstration projects under this section.

    (e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary in each of fiscal years 2006, 2007, and 2008 to carry out this section.

    This Act may be cited as the `Department of Homeland Security Appropriations Act, 2006'.

Passed the House of Representatives May 17, 2005.

Attest:

JEFF TRANDAHL,

Clerk.

Passed the Senate July 14, 2005.

Attest:

EMILY J. REYNOLDS,

Secretary.