TheWeekInCongress.com

Week Ending October 7, 2005

HR 2360 making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006 and for other purposes.

{Conference Report-This bill passed the House and Senate but there were some differences that were settled in conference.}                                                                                         

BRIEF

   The Committee report accompanying the bill explained that the strategic mission of the DHS is “preventing terrorist attacks within the United States; reducing America's vulnerabilities to terrorism; and minimizing the damage and recovery from attacks that may occur.” Unfortunately, the report outlines some serious deficiencies in the operation of DHS that the bill would try to change.

   The bill would include expanded authority to get a large number of backlogged security background investigations completed and to establish in their absence, policies and procedures and monitoring controls over Sensitive Security Information at the Transportation Security Administration. The President’s request for $50 million to develop a regional structure for Homeland Security is denied until the concept is reviewed by the DHS Secretary and a proposal is made. More money (An increase of $607,000 to total $4.4 million) for a Privacy Officer (PO) at DHS is provided so that the PO can report privacy abuses directly to Congress.

   The Committee noted that the DHS has had a poor record of reporting to Congress on time or, in some cases, at all. One agency in particular, the Transportation Security Administration has, in two years, failed to submit quarterly reports on plans to buy and install explosive detection systems at airports and to make modifications to allow those airports to inspect 100 percent of baggage. A report due in February 2005 clarifying efforts to protect the US from intrusion through container cargo at ports has not been delivered. The Committee report described what appeared to be arrogance at DHS to delay or disregard requests for meetings even on high priority topics, and that often the information provided is contradictory to other information provided. A five year strategic transportation security plan ordered last year has not been provided and monthly budget reports designed to look more closely at significant accounting efficiencies have not been provided or provided on time. Other missing reports were to update Congress on immigration, aviation security and Coast Guard mission  assets and other critical information. 123 of a required 169 reports required in 2005 are late. The bill provides that $20 million will be withheld until the reports are produced. The Transportation Security Administration would receive over $4 billion for airline security and $36 million for surface transportation security to be used through September 2007.

   Even acquiring from the General Services Administration security boxes sufficient to secure classified information has not been accomplished at DHS.

   The committee urges DHS to speed up contact with, and meetings with, vendors who sell protective equipment and technologies.

   The report estimates 11 million illegal aliens in the US; 465,000 have disappeared despite deportation orders; and of that number 80,000 have criminal records. The report notes that the “number of illegal aliens in the United States is growing by 485,000 per year” due to “porous borders, lack of interior enforcement, and the lure of employment opportunities within the United States.” The report added, “Simply stated--immigration enforcement and border control is not working.”

   The Committee recommends a 10 percent per year reduction in the total number of undocumented aliens in the United States through a strategy that includes keeping to the DHS mission and utilizing repatriation,, detention and removal, worksite enforcement, coordination with immigration courts, technology and other necessary elements. The Committee would make $20,000,000 unavailable until a plan for the ten percent per year reduction is submitted to Congress.

      Emphasizing just one element of the grand scale of the job DHS must perform, the report noted that the Border and Transportation Security (BTS) element of DHS is responsible for the Nation’s borders including “350 official ports of entry, 7,500 miles of land border with Canada and Mexico, 95,000 miles of shoreline, and a 3.4 million square mile exclusive economic zone.” BTS oversees the security of the nation's transportation systems and enforcement of immigration and customs laws, and manages and coordinates a variety of automation modernization programs.” Interoperability of computer systems within the agency were to be improved but the effort has stalled, the report said. America’s Shield, a high tech sensor system to replace the original INS 269 cameras along the north and south US borders is still being studied and would receive $50 million to continue.

   Not just security that concerns the Committee a provision requires a report in ten months explaining the results of reported overpayment or inappropriate payment for disaster relief to 7,300 Floridians who have been requested to return the funds.

   The bill appropriates funds for the Department of Homeland Security and does so in five areas: Title I spends $684 million for management and operations (an increase of $77,771,000), Title II $22 billion for Security Enforcement, Investigations, Border and Transportation Security (Increase of $1.5 billion, Title III spends $6.5 billion for Preparedness and Recovery (Decrease of $9.3 billion), Title IV spends $2.5 billion for Research, Development, Research, Training and Assessment (Increases of $34 million)  and Title V sets forth general provisions in the bill.

Sponsor: Representative Harold Rogers (R-KY-5^th)

Vote: Original bill Passed House 424 to 1 (RC 180) (May 17, 2005) Senate referred the bill back to the House. Bill went to House / Senate conference. Conference Report Passed House 347 to 70 (RC 512)

Cost to the taxpayers:  “House--$34.2 billion for fiscal year 2006 to fund the

major operations of the Department of Homeland Security (DHS). Senate--$31.8 billion. Conference $30.8 billion.

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MORE INFORMATION

HOUSE AMENDMENTS  

OPPOSITION VIEWS

MISCELLANEOUS SECTIONS FROM THE COMMITTEE REPORT

BILL TEXT BROKEN DOWN BY SUBJECT WITH SPENDING AMOUNTS

SENATE VERSION OF THE BILL--OVERVIEW

DETAILS OF THE HOUSE / SENATE CONFERENCE REPORT

DETAILS OF THE HOUSE / SENATE CONFERENCE REPORT

HIGHLIGHTS OF THE FY06 DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL   September 29th, 2005 - -

September 29th, 2005 - -

• $1.8 billion for border security and control, funding an additional 1,000 Border Patrol Agents.  When combined with the FY05 Supplemental, 1,500 new agents will be hired in FY06;
• $3.4 billion for Immigration and Customs Enforcement, funding an additional 250 criminal investigators and 100 Immigration Enforcement Agents; when combined with the FY05 Supplemental, 568 new ICE agents and officers will be hired in FY06;
• $41 million for border security technology, including surveillance and unmanned aerial vehicles;
• $562 million for CBP Air and Marine Operations for border and airspace security;
• $45 million for increased intelligence and targeting for cargo and passengers;
• $138.8 million for the Container Security Initiative, supporting efforts in 48 foreign ports;
• $54.3 million for the Customs-Trade Partnership Against Terrorism;
• $21 million for FAST/SENTRI/NEXUS to maintain security and facilitate travel on our land borders;
• $2.9 billion for the Coast Guard’s homeland security missions;
• $933.1 million for the Coast Guard’s Deepwater program;
• $4 million to continue and expand an immigration security pilot project at foreign airports;
• $1 billion for immigration detention custody operations;
• $135 million for transportation and removal of illegal immigrants;
• $103 million for Fugitive Operations teams, including an additional three teams;
• $94 million for the Institutional Removal Program, including an additional 100 agents;
• $40 million for implementation of the REAL ID Act;
• $5 million to train State and local officers to enforce immigration laws;
• $28 million for Alternatives to Detention, including an additional 49 positions; and
• A requirement that DHS submit a comprehensive immigration enforcement strategy that reduces the number of undocumented aliens by 10 percent per year and a requirement that DHS and ICE develop a national detention plan for undocumented aliens.

• $1.155 billion for high-density urban areas, including $765 million for urban area grants, $150 million for rail security, $175 million for port security, and $65 million for other infrastructure protection;
• $550 million for basic formula grants;
• $655 million for firefighter grants;
• $400 million for State and local law enforcement terrorism prevention grants;
• $185 million for Emergency Management Performance Grants; and

• $1.77 billion for the Disaster Relief Fund;
• $20 million for Urban Search and Rescue Teams;
• $20 million for FEMA catastrophic planning;
• $22 million for National Incident Management System;
• $200 million for Flood Map Modernization Program;
• Requires the Office of Domestic Preparedness to submit the final National Preparedness Goal no later than October 1, 2005, establishing nationwide preparedness standards to make 2006 grant allocations based on these goals;
• A requirement that DHS develop guidelines for mass evacuation plans; and
• A requirement that DHS report on the status of catastrophic planning in all 50 states.

• $2.5 billion for passenger and baggage screeners;
• $88 million for the training of airport screeners;
• $443 million to procure, install, maintain and integrate in-line explosive detection systems;
• $1 billion for aviation direction and enforcement activities;
• $85 million for air cargo security, including 100 new inspectors, funding to fast track pending air cargo regulations; and research and development of next generation technologies;
• $8 million for rail security inspectors and explosive detection canines;
• $5 million for trucking security and $4 million for HAZMAT truck tracking and training;
• $686 million for Federal Air Marshals, ensuring mission coverage on both domestic and international flights, including $2 million for secure communications; and
• A requirement to develop and implement improved air cargo security standards and protocols, as well as the use of EDS equipment to screen air cargo at airports.

• $538 million to develop radiological, nuclear, chemical, biological, and high explosives countermeasures;
• $35 million for rapid prototyping of homeland security technologies;
• $110 million for research, development, and testing of antimissile devices for commercial aircraft;
• $20 million for container security research;
• $318 to start-up the new Domestic Nuclear Detection Office and its help coordinate global nuclear detection and tracking; and
• $63 million for university-based centers of excellence and fellowships.

• $180 million for critical infrastructure identification and evaluation, and outreach and partnerships with industry;
• $91.4 million for protective actions
• $14 million to identify and characterize potential bio-terrorist attacks;
• $39.6 million for U.S. Secret Service’s Electronic Crimes Task Forces (ECTFs), including an additional 50 FTEs devoted to combating electronic crime and identity theft;
• $93.3 million for cyber-security; and
• $255 million for Analysis and Operations, including the Homeland Security Operations Center, for enhancing secure communications with State and local governments.

• $2.6 billion for traditional Coast Guard operating activities, including maritime safety, drug interdiction, and fisheries, environmental, and humanitarian missions;
• $1.2 billion for the U.S. Secret Service;
• $487 million for the Federal Protective Service to protect over 8,800 federal facilities nationwide;
• $25 million to enforce laws related to forced child labor, intellectual property rights, and textile transshipment;
• $7.9 million to support investigations related to missing and exploited children; and
• $1.9 billion for citizenship and immigration services, including $1.7 billion in fee funded activities.

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HOUSE AMENDMENTS

5. H.AMDT.132 to reduce funds for the Office of Secretary and Executive Management by $18 million and to increase funding for Citizenship and Immigration Services by $15 million.
Sponsor: Rep Jackson-Lee, Sheila [D-TX-18th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment not agreed to. Status: On agreeing to the Jackson-Lee (TX) amendment (A005) Failed by voice vote.

6. H.AMDT.133 to increase funding (by transfer) by $100,000 for the State and Local Programs account under Coordination and Preparedness.
Sponsor: Rep Musgrave, Marilyn N. [R-CO-4th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment agreed to. Status: On agreeing to the Musgrave amendment (A006) Agreed to by voice vote.

7. H.AMDT.134 to increase funding (by transfer) for the Fire Grant Program by $50 million.
Sponsor: Rep Sabo, Martin Olav [D-MN-5] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment agreed to. Status: On agreeing to the Sabo amendment (A007) Agreed to by voice vote.

8. H.AMDT.135 to increase funding (by transfer) by $50 million to state and local governments for the defense of chemical plants by first responders.
Sponsor: Rep Menendez, Robert [D-NJ-13th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment agreed to. Status: On agreeing to the Menendez amendment (A008) Agreed to by recorded vote: 225 - 198 (RC 176).

9. H.AMDT.136 to decrease then increase funding by $5 million for the salaries and expenses account under Immigration and Customs Enforcement.
Sponsor: Rep King, Steve [R-IA-5th] (introduced 5/17/2005)     

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment agreed to. Status: On agreeing to the King (IA) amendment (A009) Agreed to by voice vote.

11. H.AMDT.138 to prevent the use of funds in contravention of a provision in the Illegal Immigration Reform and Immigrant Responsibility Act (PL 104-208) that prevents federal, state or local government officials from prohibiting or restricting government agencies or officials from sending or receiving information to federal immigration officials regarding an individual's immigration status. {Editor’s Note: Funds can not be used to violate the provision that allows government agencies or officials from sending and receiving information about an individual’s immigration status.}
Sponsor: Rep Tancredo, Thomas G. [R-CO-6th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment not agreed to. Status: On agreeing to the Tancredo amendment (A011) Failed by recorded vote: 165 - 258 (RC177).

12. H.AMDT.139 to extend section 516 to provide further that this section shall cease to be effective at such time that 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.
Sponsor: Rep Davis, Tom [R-VA-11th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment agreed to. Status: On agreeing to the Davis, Tom amendment (A012) Agreed to by voice vote.

13. H.AMDT.140 to insert the following (and conform the table of contents of the bill accordingly): SEC. 509. None of the funds made available under this Act may be used to carry out section 105(a)(4) and (5) of the Aviation and Transportation Security Act of 2001 (49 U.S.C. 44917(a)(4) and (5)).
Sponsor: Rep Poe, Ted [R-TX-2nd] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment not agreed to. Status: On agreeing to the Poe amendment (A013) Failed by voice vote.

14. H.AMDT.141 to insert a new section at the end of the bill to prohibit the use of funds from being used to close any detention facility operated by or on behalf of U.S. Immigration and Customs Enforcement that has been operational in 2005.
Sponsor: Rep Meeks, Gregory W. [D-NY-6th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment not agreed to. Status: On agreeing to the Meeks (NY) amendment Failed by recorded vote: 199 - 223 (RC 178).

.

17. H.AMDT.144 to insert a new section at the end of the bill to direct the Secretary of Homeland Security to make grants to assist States in conforming with minimum drivers' license standards. Amendment reduces funding to the 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.
Sponsor: Rep Obey, David R. [D-WI-7th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment agreed to. Status: On agreeing to the Obey amendment (A017) Agreed to by recorded vote: 226 - 198 (RC 179).

18. H.AMDT.145 to insert at the end of the bill a new section to prohibit the use of funds from being used to patrol the border of the United States except as authorized by law.
Sponsor: Rep Jackson-Lee, Sheila [R-TX-18th] (introduced 5/17/2005)      

Cosponsors (None)
Latest Major Action: 5/17/2005 House amendment agreed to. Status: On agreeing to the Jackson-Lee (TX) amendment (A018) Agreed to by voice vote.

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MISCELLANEOUS SECTIONS FROM THE COMMITTEE REPORT.

IMMIGRATION ENFORCEMENT

The number of illegal aliens in the United States is now estimated to exceed 11,000,000, including 465,000 aliens with outstanding orders of deportation who have absconded, of whom 80,000 have criminal records. The number of illegal aliens in the United States is growing by 485,000 per year. This troubling growth is the result of multiple factors: porous borders, lack of interior enforcement, and the lure of employment opportunities within the United States. The burden of immigration enforcement is split amongst many federal agencies, but falls primarily upon ICE and CBP. ICE is responsible for apprehending immigration violators inside the United States and CBP is charged with securing the border from illegal crossings. The combination of current threats facing our nation and the sheer magnitude of the growth in the illegal population reveals the fact that immigration enforcement efforts have not kept pace. Simply stated--immigration enforcement and border control is not working.

The Committee believes a fundamental shift in the Department's approach to immigration enforcement and border management is long overdue. The Committee includes a provision directing the Secretary to review the Department's current immigration enforcement strategy and develop a comprehensive immigration enforcement strategy that achieves a 10 percent per year reduction in the total number of undocumented aliens in the United States, based on estimates using data from the U.S. Census Bureau. This strategy shall specifically address threats, risks, vulnerabilities, capabilities and priorities for the enforcement of immigration and border security in the context of the Department's overall mission to protect our homeland. This strategy shall address all factors effecting immigration enforcement and border security, including but not limited to: force multipliers; repatriation, detention, and removal practices; worksite enforcement; interaction and coordination with immigration courts; technology; organizational structure; interagency coordination; staffing; and assets. Bill language is included that makes $20,000,000 unavailable for obligation until an immigration enforcement strategy to reduce the number of undocumented aliens by 10 percent per year is submitted to the Committee.

THREAT ASSESSMENT

The Committee recognizes the threat assessment experience within the Secret Service and believes other DHS agencies can benefit from it. The Secret Service has developed innovative partnerships across government, the private sector, and academia to profile various types of threats, including targeted violence, assassins, and cyber security breaches. The National Threat Assessment Center (NTAC), created in 1999 to provide leadership and guidance to the field of threat assessment, has demonstrated considerable value to the work of the Secret Service and, more recently, to DHS. NTAC has provided technical analysis of current terrorist tactics being used in Iraq and Afghanistan and applied the results to the enhancement of domestic protective operations. In August 2004, NTAC completed an Insider Threat Study that utilized the expertise of the Secret Service's Electronic Crimes Special Agent Program (ECSAP) to develop profiles of illicit insider activities affecting information systems and data in critical infrastructure sectors. NTAC's work, combined with the resources of the Secret Service's Intelligence Division and the ECSAP, has furthered the testing and evaluation of protective technologies and led to the creation of tools, such as the Targeted Violence Information Sharing System (TAVISS). The Committee believes that DHS can make better use of the Secret Service's proficiency in developing and providing threat assessment training and operational research, but the demand for such expertise far exceeds Secret Service resources. The Committee encourages the Secret Service to work with the Department to expand the application of its threat assessment resources across the critical infrastructure protection and cyber security functions of DHS.

TRANSPORTATION SECURITY

In the statement of managers accompanying the fiscal year 2005 Appropriations Act for DHS, the conferees directed the Secretary to submit a five-year integrated strategic transportation security plan. To date, the Committee has not received this plan. Without such a plan, the Committee remains concerned that the Department has concentrated homeland security funding and technology on aviation security, without placing equal resources on securing the Nation's rail lines, tunnels, bridges, and ports. The Committee directs the Department to submit a report no later than January 16, 2006, on what progress has been made in securing this critical infrastructure, outlining a 5-year plan to achieve this objective. This report shall include how: infrastructure is identified; vulnerability assessments are accomplished; technologies are identified, tested, and deployed; funding is targeted; cooperation with private infrastructure owners is achieved; and progress in securing this infrastructure is measured. The Department shall accomplish this report in consultation with the Information Analysis and Infrastructure Protection Directorate, the Science and Technology Directorate, the Transportation Security Administration, the Office of State and Local Government Coordination and Preparedness, the United States Coast Guard, Customs and Border Protection and Immigration and Customs Enforcement.

SECURITY POLICIES RELATED TO RELEASE OF PERSONAL INFORMATION

The Committee directs the Secretary to ensure that every contract the Department enters into for services performed by any entity or person engaged in interstate commerce that owns, licenses, or collects data containing personal information, including electronically, must include a provision requiring that entity to have a security policy in place that contains procedures to promptly notify any individual whose personal information was, or is reasonably believed to have been, lost or acquired by an unauthorized person. Notification can either be delayed or shall not occur if it would impede a law enforcement investigation or cause damage to national security. The Committee is concerned about the security of personal data, as highlighted recently by several security breaches at large companies that resulted in the theft of personal data.

PROTECTION OF CLASSIFIED INFORMATION

The Committee is pleased that the Department is taking steps to comply with the requirements for protecting classified information by using GSA-approved containers and vaults secured with a locking mechanism meeting the latest federal specifications for storage. The Committee urges the Department to complete these upgrades no later than January 16, 2006.

GEOSPATIAL INFORMATION MANAGEMENT

The Committee directs the Chief Information Officer to report to the Committee, by January 16, 2006, on its efforts to develop a complete and accurate Global Geospatial Intelligence, Geographic Information System (GGI/GIS) border mapping inventory of critical U.S. infrastructure and assets through its Department-wide enterprise GIS (E-GIS) system.

BUY AMERICAN ACT

The Committee is disappointed that the Inspector General has still to report back to the Committee with an audit on the Department's compliance with the Buy American Act and directs them to submit this report as soon as possible. The Committee directs the Inspector General to audit the Department's compliance with the Buy American Act and submit the report at the same time the President submits to Congress the budget for fiscal year 2007.

Furthermore, the Committee directs the Secretary to issue a report to the Committees on Appropriations that describes the articles, materials, and supplies acquired by the Department during fiscal years 2004-2006 that were manufactured outside of the United States as well as an itemized list of all waivers granted with respect to such articles, materials, or supplies under the Buy American Act. The report should include a summary of the total funds spent by the Department of Homeland Security on goods manufactured within the United States compared with funds spent on goods manufactured outside of the United States.

The Committee includes bill language prohibiting funds from being used in contravention of the applicable provisions of the Buy American Act. The House and Senate Committees on Appropriations expect to be notified when the Department deviates from this direction pursuant to permissible exceptions.

RELATIONSHIP BETWEEN CBP AND ICE

The Committee has learned that there is a frequent lack of communication between CBP and ICE, and is concerned that the concept of operations between these two critical agencies is inadequately defined. Based on their experiences within single legacy agencies, there should be seamless coordination of investigative, intelligence, and enforcement missions. Instead, the agencies appear to have created relationships based on fragmented policies at the local level rather than from centralized guidance. The Committee is disappointed by BTS' failure, after two years, to coordinate the relationships between these agencies. Some examples include: confusion over which agency can issue parole to an alien; disputes on exchange of information between agencies; and the role of the legacy INS Senior Inspector position in the prosecution of criminal immigration cases at the border. The Committee is encouraged by the Memorandum of Understanding signed in November 2004 between Border Patrol and ICE, but a myriad of issues remain unresolved between other components of CBP and ICE. The Committee directs BTS to submit a report no later than January 16, 2006, that describes the directives and guidelines that are in place to govern the interrelationship between BTS agencies and to clarify the operational roles and responsibilities of each agency and component.

IDENT-IAFIS INTEROPERABILITY

In the fiscal year 2005 statement of managers, BTS was directed to report on the status of efforts to achieve real time interoperability between the two-fingerprint Automated Biometrics Identification System (IDENT), which is used by the Border Patrol and US-VISIT, and the FBI's 10-fingerprint Integrated Automated Fingerprint Identification System (IAFIS). The report was due to Congress by January 14, 2005. In the meantime, in its Evaluation and Inspection report I-2005-001 dated December 2004, the Department of Justice Inspector General observed that efforts to achieve interoperability have stalled. This is in part due to disagreements about the appropriate fingerprint methodology between Justice, Homeland Security, and State Departments, but also because the databases contain different types of information and involve both criminal and non-criminal records. The report also notes that there are significant delays in transferring data between databases, estimating that it could take as long as six years to add seven million foreign criminal records into the IDENT database. The Committee is extremely frustrated that no report has yet been forthcoming, and expects to see the directed report as soon as possible, but in no case later than July 1, 2005. Given its delay, the Committee expects the report to address the issues raised in the aforementioned Justice IG report.

ROLE OF FIELD EMPLOYEE FEEDBACK IN BTS

The October 2004 Government Accountability Office (GAO) report entitled `Homeland Security: Management Challenges Remain in Transforming Immigration Systems' cites the lack of a mechanism for obtaining field employee feedback as a weakness in the BTS agencies. The GAO report concluded that the influence of employee feedback could have identified and help avert communication and coordination problems among BTS agencies. The Committee directs BTS to submit a report no later than January 16, 2006, on how BTS can utilize employee feedback to identify and mitigate problems between the BTS component agencies.

CARGO CONTAINER SECURITY

The Committee is frustrated by the Department's delay in submitting a report on the Department's cargo security efforts, which the fiscal year 2005 conferees directed be submitted by February 8, 2005. The Committee wants to receive this report, but is also aware that the Department has not released the National Cargo Security Strategy it circulated in draft form in December 2004. The Committee directs that the overdue report be submitted as soon as possible, and that an update, reflecting any changes resulting from the new Strategy, be delivered to the Committee at the time the Strategy is released.

INTERSTATE TRANSPORTATION OF ILLEGAL ALIENS

The Committee understands that significant numbers of illegal aliens, shortly after illegally entering the United States, are transported to their final destination within the United States using various transportation modes. For example, aliens who have illegally crossed the southwest Border or entered Los Angeles are grouped together and then moved via domestic transportation, such as commercial flights or cargo vans, to destinations in the interior or East Coast. The Committee understands that DHS lacks procedures to coordinate the efforts of DHS agencies--for instance, CBP, Federal Air Marshals (FAMs), and ICE agents--and other law enforcement agencies to identify smuggling or trafficking, and to ensure that appropriate enforcement or investigative action is taken. The Committee therefore directs the Secretary to report not later than January 16, 2006, on: estimates of the numbers of such aliens transported in this fashion by fiscal year broken out by transportation mode; the patterns of such movement; statistics for apprehension and investigation of such activity; and the processes and interagency agreements in development or in place to ensure a seamless federal approach to this facet of immigration enforcement.

STOLEN PASSPORTS

The Committee is concerned about the results of the Department's Inspector General report (OIG-05-07, December 2004) on the use of stolen passports from visa waiver countries to enter the United States. The IG found that aliens who seek admission into the United States using such documents were usually admitted, and that it made little difference whether lookouts for the stolen passports existed, as aliens were often admitted even after such lookouts were posted. Both CBP and ICE responded that they intend to act on the eight IG recommendations. The Committee directs the Under Secretary to report semi-annually, beginning January 16, 2006, on the progress that CBP and ICE are making with respect to the eight recommendations contained in the IG report, and to continue such reports until they are in full compliance with those recommendations.

AIR AND MARINE OPERATIONS

The Committee continues to wait for detailed planning information needed to assess the air and marine programs that have been integrated within Customs and Border Protection (CBP). The most recent information provided to the Committee noted that phase two of the integration was underway, and that further information about missions, strategy, recapitalization, basing, staffing, and other investments would be forthcoming. The details sought by the Committee were laid out in Committee reports and conference reports for the past two years, and the Committee expects to see those details--for the combined CBP programs, to include Air and Marine Operations and the Border Patrol air and marine operations--before October 1, 2005. As also directed in previous years, the Committee expects to see the results of the Departmental review of missions and operations to gain full appreciation of the potential for synergy that can operate between all DHS entities in the air and marine field, to include the Coast Guard. Without such detailed, multi-year information, the Committee will find it very hard to support funding for improvements and investments that may be necessary. The Committee makes $10,000,000 unavailable for obligation within CBP's salaries and expenses account until all outstanding reports are submitted.

MISSION

The mission of U.S. Customs and Border Protection (CBP) is to protect the borders of the United States by preventing, preempting and deterring threats against the United States through ports of entry and to interdict illegal crossing between ports of entry. CBP's mission integrates homeland security, safety, and border management in an effort to ensure that all goods and persons crossing the borders of the United States do so in accordance with applicable laws and regulations, while posing no threat to the United States. Specifically, the priority of CBP is to prevent terrorists and terrorist weapons from entering the United States, and supporting related homeland security missions affecting border and airspace security. CBP is also responsible for apprehending individuals attempting to enter the United States illegally; stemming the flow of illegal drugs and other contraband; protecting our agricultural and economic interests from harmful pests and diseases; protecting American businesses from theft of their intellectual property; and regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws. CBP has a workforce of over 40,000, including inspectors, pilots and air and marine enforcement officers, canine enforcement officers, Border Patrol Agents, trade specialists, intelligence analysts, and mission support staff.

RECOMMENDATION

The Committee recommends $4,885,544,000, including $3,000,000 for the collection of the Harbor Maintenance Fee, $155,000,000 above the President's request and $351,425,000 above the amounts provided in fiscal year 2005. This fully funds the President's request, and includes an additional $150,000,000 to permit the hiring of 790 Border Patrol Agents, and $5,000,000 to partially fund increases for staff, equipment and operations for Air and Marine Operations. When combined with the pending supplemental, a total of 1,500 new Border Patrol agents will come on board during fiscal years 2005 and 2006. The Committee includes bill language, as requested, making $174,800,000 available until September 30, 2007, comprising $125,000,000 for radiation detection and inspection technology; $20,000,000 for replacement Border Patrol aircraft; $19,800,000 for the America's Shield Initiative; and $10,000,000 for unmanned aerial vehicles.

MISSION

The mission of U.S. Customs and Border Protection (CBP) is to protect the borders of the United States by preventing, preempting and deterring threats against the United States through ports of entry and to interdict illegal crossing between ports of entry. CBP's mission integrates homeland security, safety, and border management in an effort to ensure that all goods and persons crossing the borders of the United States do so in accordance with applicable laws and regulations, while posing no threat to the United States. Specifically, the priority of CBP is to prevent terrorists and terrorist weapons from entering the United States, and supporting related homeland security missions affecting border and airspace security. CBP is also responsible for apprehending individuals attempting to enter the United States illegally; stemming the flow of illegal drugs and other contraband; protecting our agricultural and economic interests from harmful pests and diseases; protecting American businesses from theft of their intellectual property; and regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws. CBP has a workforce of over 40,000, including inspectors, pilots and air and marine enforcement officers, canine enforcement officers, Border Patrol Agents, trade specialists, intelligence analysts, and mission support staff.

RECOMMENDATION

The Committee recommends $4,885,544,000, including $3,000,000 for the collection of the Harbor Maintenance Fee, $155,000,000 above the President's request and $351,425,000 above the amounts provided in fiscal year 2005. This fully funds the President's request, and includes an additional $150,000,000 to permit the hiring of 790 Border Patrol Agents, and $5,000,000 to partially fund increases for staff, equipment and operations for Air and Marine Operations. When combined with the pending supplemental, a total of 1,500 new Border Patrol agents will come on board during fiscal years 2005 and 2006. The Committee includes bill language, as requested, making $174,800,000 available until September 30, 2007, comprising $125,000,000 for radiation detection and inspection technology; $20,000,000 for replacement Border Patrol aircraft; $19,800,000 for the America's Shield Initiative; and $10,000,000 for unmanned aerial vehicles.

EXPEDITED REMOVAL

The Committee recognizes the success of the expedited removal program in the Laredo and Tucson Sectors in reducing the overall cost of detention housing for other than Mexican nationals and in reducing the number of aliens released on their own recognizance. The Committee recommends that expedited removal be implemented in all Border Patrol Sectors.

IMMIGRATION ADVISORY PROGRAM

Based upon a program originally developed by the former Immigration and Naturalization Service, CBP has developed a pilot effort called the Immigration Advisory Program (IAP), previously known as the Immigration Security Initiative, for which $2,000,000 was appropriated in fiscal year 2005. This program has placed CBP inspectors at two foreign airports (Warsaw and Amsterdam) to prevent people who lack required travel documents or are identified as national security threats from traveling to the United States. The program has resulted in thousands of intercepts, including hundreds of smuggling cases, and the saving of millions of dollars to the U.S. Government in avoided removal and processing costs. To support the request to expand the program to two additional cities, the Committee includes an additional $2,000,000, as requested, for a total program level of $4,000,000. The Committee makes $2,000,000 of this unavailable for obligation until CBP submits the report on the performance of the IAP, due since January 1, 2005, as directed in House Report 108-541.

AMERICA'S SHIELD INITIATIVE

The America's Shield Initiative (ASI) deploys a sophisticated network of sensors, cameras, communication and analytic technology along the nation's borders, to replace and subsume the Immigration and Naturalization Service (INS) legacy remote video surveillance (RVS) system of 269 cameras and other sensors. When implemented, ASI will permit the Border Patrol to detect and monitor illegal crossings in remote areas between ports of entry, and help deter and interdict such intrusions. The Committee provides $51,084,000 to continue this program. The Committee is following closely the investment review process for ASI, during which the Border Patrol has been working closely with the Science and Technical Directorate to assess the options for integrating new technology and capability into this system. The Committee expects the Department to keep it fully informed of the status of its investment planning, and to brief the Committee prior to the award of a contract to a prime integrator.

The Committee expects that ASI will permit the Border Patrol and the Department not only to detect and respond to intrusions, but also to share this information with the Department, its intelligence components, and the larger homeland security community. ASI should also record and document the numbers and types of intrusions, include them in a historical database for operational and management analysis, and make such information available to DHS, including followup action taken in response to such intrusions. The Committee directs the Commissioner to report no later than January 16, 2006, on specific performance metrics that will be applied to the ASI.

The Committee is concerned about the lack of information and planning involved in the INS predecessor to the ASI, known as the Integrated Surveillance Intelligence System (ISIS), which included the 269 RVS camera program. The December 9, 2004, audit report by the General Services Administration (GSA) Inspector General identified significant problems in the administration and oversight of procurement for the RVS program by the legacy INS and the GSA's Federal Technology Service. The Committee believes that CBP and the Border Patrol are now taking a more rigorous approach to planning for this major investment, but remains concerned by the implications of the problems highlighted in the IG report. The Committee therefore directs the Commissioner to report not later than January 16, 2006, on the problems raised in the IG report, including specific actions CBP has taken to ensure strong contract management and oversight, and ensuring that it uses competition to ensure the best price and performance of this critical system.

BORDER PATROL CHECKPOINTS

Bill language is continued and modified prohibiting funds for the site acquisition, design, or construction of any permanent Border Patrol checkpoint in the Tucson sector. The Bureau of Customs and Border Protection is reminded that it must relocate a checkpoint no more than seven days after its establishment and may not return to the previous location until at least seven days after relocation.

ARIZONA BORDER CONTROL INITIATIVE

The Committee is aware that more than half of Border Patrol arrests have occurred in Arizona since the advent of the Arizona Border Control Initiative (ABCI), and that the ABCI can be credited with 27 fewer deaths, a 26 percent reduction, in fiscal year 2004 compared to fiscal year 2003, before the ABCI began. The Committee supports this multi-agency approach to protecting a vulnerable section of our border and saving lives, and thus includes the additional $1,000,000 requested for Border Patrol temporary duty costs.

TOHONO O'ODHAM NATION AND THE ABCI

The Committee understands that one consequence of the ABCI has been an increase in illegal aliens who attempt to enter the United States via the 75-mile stretch of border occupied by the Tohono O'odham Nation. The Nation estimates that it spends over $3,000,000 in tribal funds annually in response to border related incidents. The Committee understands that a joint use facility was opened on the Tohono O'odham Nation on October 26, 2004, in which the Nation's police department is co-located with the Border Patrol and other BTS agencies to improve the efficiency of border enforcement operations in the Nation, and provide a convenient location where persons found in distress in the West Desert may receive medical treatment. The Committee directs CBP to work closely with the Nation, including making appropriate use of cooperative operations and facilities such as the joint use facility, to ensure that the Nation is kept fully aware of CBP actions that have a direct impact on them.

INTERIOR REPATRIATION

The Committee understands that the Border Patrol has repatriated over 14,000 aliens to Mexico since the inception of the Interior Repatriation Program in July 2004, averaging about 145 repatriations a day. The Committee directs the Commissioner to report not later than January 16, 2006, on the performance of this program, including cost, associated full-time equivalent, and statistics relating to the numbers repatriated and any data on recidivism for individuals so repatriated.

TEXTILE TRANSSHIPMENT ENFORCEMENT

Section 352 of the Trade Act of 2002 authorized $9,500,000 for the Customs Service for Textile Transshipment Enforcement, and specified how the authorized funds were to be spent. Congress appropriated $4,750,000 for textile transshipment enforcement by CBP in fiscal years 2004 and 2005, for a total appropriation of $9,500,000. The Committee includes $4,750,000 for fiscal year 2006 to continue this effort, and directs that CBP report not later than January 16, 2006 on how these funds, as well as those appropriated in fiscal years 2004-2005, were spent. The report should include staffing levels in fiscal years 2003-2006, differentiated by position, as authorized in Section 352 of the Trade Act of 2002. The report should also describe how CBP has redeployed its workforce previously assigned to enter and monitor quota information, now that quotas have expired.

VEHICLE MANAGEMENT

The Committee is waiting for the detailed report due on February 8, 2005, on the results of CBP's comprehensive review of its vehicle management plan. The Committees urges the Department to expedite release of this plan, which should address the plans and milestones for the Border Patrol and its requirements for off-road and severe terrain vehicles.

TOBACCO IMPORTS

The Committee is increasingly concerned that there is insufficient coordination between those Federal agencies responsible for tracking and permitting tobacco products to be imported into the United States, and those Federal agencies responsible for ensuring that Federal tax and other Federal requirements applicable to such imports are met. The Committee is also concerned that some tobacco product manufacturers (as defined in the Master Settlement Agreement) importing such tobacco products (as defined in the Master Settlement Agreement) may not be meeting their payment obligations under State tax laws, the Master Settlement Agreement, or State laws requiring that certain tobacco importers or companies place funds in escrow or make payments to States. The Committee strongly urges the Department to work with the Department of Treasury to ensure that information on tobacco imports is shared between the two departments, and that information about the validity of tobacco imports be included in screening used to assess whether or not such shipments should be cleared for entry. In addition, the Committee urges the Secretary to share information about imported tobacco products, and whether they are produced by manufacturers under the Master Settlement Agreement, with the Commodity Credit Corporation and any State, and the National Association of Attorneys General, as appropriate.

STEEL TRAINING PROGRAM

The Committee includes continued funding for the Steel Training Program, as included in the President's request. This program ensures that CBP enforcement of U.S. trade laws benefits from the expertise of the steel industry in classifying steel goods.

2010 OLYMPIC WINTER GAMES

The Committee understands that the 2010 Olympic Winter Games will be conducted in Vancouver, British Columbia from February 12 through February 28, 2010, and the 2010 Paralympic Winter Games from March 12 through March 21, 2010. The Committee anticipates that these events of international significance will greatly increase the amount of people and goods crossing the border between Washington State and Canada. The Committee directs the Department of Homeland Security to conduct a review, in conjunction with appropriate Washington State and Canadian entities, and to report back to the Committee within six months on all relevant Departmental issues related to the Vancouver Olympic and Paralympic Games, including, but not limited to, expected border flow, border security, estimated border wait times, and the possible need for increased border personnel.

PRIVATIZED SCREENING

The Committee recommends $139,654,000 for privatized screening, $6,497,000 below the President's request and $10,000,000 above the amounts provided in fiscal year 2005. As of November 19, 2004, airports could seek permission from the Transportation Security Administration (TSA) to `opt-out' of using Federal screeners. To date, only one airport has submitted paperwork to opt-out--Elko, Nevada--and this airport has less than 20 screeners. Numerous concerns have been expressed about the opt-out program, including that TSA has not made it clear that companies providing screening services shall not be liable in the case of a terrorist incident. The Committee is aware that TSA plans to review the opt-out program. Until it is clear that airports, other than the five original pilots and Elko, may participate in this program, a large increase in the privatized screening program is not justified for fiscal year 2006.

PASSENGER AND CHECKED BAGGAGE SCREENERS

The Committee recommends a total of $2,404,000,000 for personnel, compensation, and benefits for the federal passenger and checked baggage screeners, $118,833,000 below the President's request and $109,654,000 above the amounts provided in fiscal year 2005. Within the amounts provided, $1,520,000,000 is for passenger screeners and $884,000,000 is for baggage screeners. This funding level is consistent with reprogramming actions taken in fiscal year 2005.

The Committee continues bill language that limits the number of screeners to no more than 45,000 full-time equivalents on its payroll at the end of fiscal year 2006; the same provision included in the fiscal years 2004 and 2005 appropriations bills. The Committee continues to believe that, as TSA deploys more advanced technologies that can better screen for weapons and explosive devices, there will be a need for a smaller screener workforce. For example, GAO recently reported that the majority of U.S. airports have stand-alone explosive detection systems (EDS) or explosive trace detection (ETD) systems deployed in their lobbies. These machines are very labor and time intensive to operate since each checked bag must be physically carried to an EDS or ETD machine for screening and then back to the baggage conveyor system prior to being loaded on an aircraft. GAO found that two or three times more bags can be screened per hour by an EDS in-line system compared to a stand alone system and 10 times more bags can be screened with an EDS in-line system as compared to a trace machine. Trace machines are much more labor intensive than EDS machines, yet TSA's budget continues to support their use. GAO also noted that `a typical lobby-based screening unit consisting of a stand alone EDS machine with three ETD machines had a baggage throughput of 376 bags per hour with a staffing requirement of 19 screeners. In contrast, TSA estimated that approximately 425 bags per hour could be screened by one in-line EDS machine with a staffing requirement of 4.25 screeners'. The Committee has retained the screening cap, in part, to expedite TSA's progress in installing more EDS systems in-line or at the ticket check-in counters so that the number of checked baggage screeners can be reduced, including the amount of funding necessary for their salaries. Funding for EDS procurement and installation has been increased.

SCREENER TRAINING

The Committee recommends $85,004,000 for screener training, $6,000,000 below the budget request. This reduction was made because the Committee believes that more training can be provided locally instead of through large training contracts nationwide.

SCREENER OTHER

The Committee recommends a total of $131,043,000 for other screener activities, $23,000,000 below the budget request. This level is consistent with reprogramming actions TSA has made to this account in the past fiscal year.

CHECKPOINT SUPPORT

The Committee recommends $157,461,000 for checkpoint support, the same level as the budget request and $33,961,000 above the amounts provided in fiscal year 2005. It is critical that TSA aggressively pursue the development and deployment of innovative aviation security technologies, particularly at screening checkpoints. These technologies should include backscatter x-ray, diffraction, portals, and document scanners. As a recent Inspector General report noted, even though the majority of screeners are diligent in the performance of their duties, they repeatedly failed to find weapons and improvised explosive devices both in checked and carry on baggage, as well as on a person. The Committee is disappointed that screener performance has not improved. The Inspector General recommended that TSA expedite its testing program and give priority to technologies that will enable the screener workforce to better detect both weapons and explosives. This funding increase will help TSA meet this recommendation.

EDS/ETD PURCHASE

The Committee recommends $170,000,000 for EDS and ETD purchases, $40,000,000 above the President's request and $10,000,000 below the amounts provided in fiscal year 2005. The Committee is aware that TSA has recently certified and piloted next-generation EDS technology that is far smaller and less expensive than the current generation of screening units. In addition, there are other next generation systems that have certification pending that may reduce false alarm rates and screener workforces. TSA is encouraged to continue competition among vendors so that multiple EDS technologies are available to the airports. Within the funds provided, the Committee directs that not less than $40,000,000 be used to procure these next-generation in-line EDS systems to replace ETDs. In-line EDS is not only more effective than ETDs and stand-alone systems, it is considerably less costly to operate. Furthermore, the Committee believes that the deployment of these systems is essential to developing in-line solutions that do not require the costly redesign of baggage conveyor systems.

EDS/ETD INSTALLATION

In addition to the statutory allocation of $250,000,000 for the Aviation Security Capital Fund, the Committee recommends $75,000,000 for EDS/ETD installation, $61,000,000 above the President's request and $30,000,000 above the amounts provided in fiscal year 2005. This funding level will fully support the eight airports that have entered into Letters of Intent (LOIs) with TSA ($264,000,000) and provide funding to install next-generation EDS systems at other airports throughout the United States.

The Committee has included bill language requested by the President that permits the Aviation Security Capital Fund to be used exclusively to fund these eight LOIs in fiscal year 2006 with a 75-percent federal share. Under tight budgetary restraints, the Committee does not have sufficient funding to raise these projects to a 90-percent federal share at a cost of $417,400,000, particularly at the expense of at least 45 other airports that need either an LOI to install EDS machines in-line or make other modifications to screen 100 percent of all checked bags through electronic means. For that reason, the Committee waives language contained in section 605 of the Vision 100 Act that distributes the Aviation Security Capital Fund by formula.

The Committee has also included a new general provision (Section 530) that directs TSA to spend any recovered or deobligated funds appropriated to Aviation Security or Administration only on procurement and installation of explosive detection systems. This provision does not conflict with Section 515 of Public Law 108-334 regarding the disposition of unclaimed money that airports may use for security needs. The Committee notes that, in the past, TSA has recovered over $133,000,000.

The Committee remains frustrated with the Department's inability and unwillingness to request funds above those provided by the Aviation Security Capital Fund that would permit more airports to install EDS technologies and increase the number of bags screened, reduce false alarm rates, reduce federal dependency on airport screeners, and improve foot traffic in airport lobbies. For the past year, Congress has been exploring other, non-LOI, options to finance these improvements. The Committee urges TSA to enter into a small number of pilots with airports to improve their baggage screening process through creative financing options, which would result in operational and maintenance cost savings to TSA at each pilot airport. TSA would be required, upon system activation and subject to appropriations availability, to remit the identified annual cost savings to the airport every year for a term necessary to reimburse the initial capital cost.

REMOTE BAGGAGE SCREENING

The Committee is aware that TSA is participating with airports and airlines in pilots at various airports around the country to evaluate off-site baggage check-in models. The Committee shares TSA's interest in encouraging off-site check-in pilots. However, the Committee is concerned that these pilots are not moving forward expeditiously and may not be testing all options. The Committee is interested in seeing models widely tested that couple off-site check-in with off-site screening within the airport grounds at secure sort facilities before the baggage is introduced into the terminal or other critical airport infrastructure including all passenger areas.

PUBLIC SERVICE ANNOUNCEMENTS

TSA is encouraged to work with airports to provide updated Public Service Announcements that remind airline passengers and crew of enhanced security requirements enacted after September 11th, particularly when new security directions or requirements are enacted.

FLIGHT ATTENDANT SECURITY TRAINING

In fiscal year 2005, the House directed TSA to expeditiously promulgate requirements for flight attendant security training. TSA shall report back to the House Committee on Appropriations no later than January 16, 2006, on the status of these performance-based training requirements.

PASSENGER PROCESSING TIMES

The Committee notes that several airports experience unusually large peak volumes associated with international, charter and scheduled service. The Committee understands that many domestic travelers arriving in the same airport concourse as international flyers are often held up from proceeding to their final destinations because of slow processing times for these international visitors. The Committee directs TSA, in cooperation with CBP, to examine these unique situations, find appropriate solutions, and report back to the Committee on the status no later than January 16, 2006.

AIRPORT SECURITY DIRECTION AND ENFORCEMENT

The Committee recommends $983,013,000 for airport security direction and enforcement, $89,842,000 below the President's request and $161,123,000 above the amounts provided in fiscal year 2005. The following table highlights funding levels by program, project and activity:

AIR CARGO

The Committee recommends $60,000,000 for air cargo, $20,000,000 above the President's request and $20,000,000 above the amounts provided in fiscal year 2005. The Committee continues to be concerned that TSA is not focusing enough staff or resources on the security issues surrounding air cargo. For example, Section 513 of the fiscal year 2005 appropriations bill required the Department to immediately amend security directives to triple the screening of air cargo on passenger aircraft. The Committee is deeply disappointed that TSA has yet to fully implement this section. Similarly, late last year, the Intelligence Reform Act required TSA to issue a final notice of proposed rulemaking that would strengthen the air cargo security program. This has been slow to occur. At this time, TSA plans to finalize a rule to strengthen this program on August 19, 2005. The Committee is extremely disappointed that the fiscal year 2006 budget request does not include any funding to support these additional security enhancements. As a result, the Committee has: (1) included $10,000,000 to hire 100 new air cargo inspectors, which would increase the number of air cargo inspectors to 300; (2) increased travel funds for air cargo inspectors by $3,000,000; (3) increased funding by $5,000,000 to enhance the automated indirect air carrier maintenance system and known shipper database; and (4) included $2,000,000 to conduct security threat assessments of regulated parties and fast track certain provisions in the pending air cargo notice of proposed rulemaking.

The Committee is concerned that, while $130,000,000 has been appropriated in the past two years for air cargo research and development, a substantial amount remains unobligated. Specifically, as of January 31, 2005, TSA has obligated less than 4 percent of air cargo security funding appropriated in 2005 and did not obligate almost $7,000,000 appropriated in fiscal year 2004. While the Committee recognizes that it takes a significant amount of time to develop and test existing and new pilot technologies to screen air cargo, high unobligated balances give the impression that TSA does not view air cargo as a serious aviation security vulnerability.

Because of the slowness to implement Congressional direction and to obligate funds, the Committee sees it necessary to provide further direction to TSA on air cargo issues. As a result, the Committee has included three new legislative provisions relating to air cargo screening and standards development (Sections 512, 522 and 523):

(1) A legislative provision relating to section 513 of Public Law 108-334 and the failure of TSA to modify security directives.

(2) A legislative provision requiring TSA to develop standards and protocols, in conjunction with airline stakeholders, to better screen air cargo. Over the past two years, TSA tested current explosive detection systems, including both EDS and ETD, in the cargo screening environment and ultimately issued screening protocols using ETD systems. The Committee directs TSA to expeditiously develop similar screening standards and protocols for EDS so that the airlines have more options available to them to screen air cargo, particularly break bulk packages that could easily fit through an EDS machine. The Committee also directs TSA to develop protocols and standards in conjunction with promising new technologies to screen air cargo. In the past, delays have occurred in deploying technologies to screen air cargo while waiting for TSA to finalize usage protocols and standards.

(3) A legislative provision requiring TSA to screen cargo at existing checked baggage screening locations to the greatest extent practicable. The Committee understands that the cargo screening peak times come prior to the passenger screening peak times and that under the last Code Orange alert, TSA screened some cargo at its checked baggage screening locations. TSA is directed to provide monthly reports, beginning with November 2005, to the House Appropriations Committee on the amount of cargo screened at checked baggage locations by TSA at each airport.

AIR CARGO PILOTS

The Committee has provided $40,000,000 to the Science and Technology Directorate (S&T) within the explosive countermeasures appropriation to continue air cargo activities, previously funded under TSA's research and development program. Of this funding, $30,000,000 shall be used to conduct three cargo screening pilot programs--one at an all cargo airport and two at top ten passenger cargo airports. These pilots shall test different concepts of operation that TSA designs in coordination with the S&T. Testing shall consist of the following: (1) physically screening a significant percentage (e.g. six times more than today) of cargo at a passenger airport using TSA screeners during slack passenger and checked baggage screening periods; (2) physically screening a significant percentage (e.g. six times more than today) of cargo at a passenger airport using TSA or private screeners solely dedicated to cargo screening; and (3) using canine teams, supplemented as needed by technology, screening a similar percentage of cargo at an all cargo airport, specifically to detect explosives and hidden passengers. Based on results of each pilot, TSA will provide cost estimates (both non-recurring and recurring) of these different operational concepts if deployed to the top five air cargo only airports and top 10 passenger airports. The Committee expects each of these pilots to be no shorter than nine months in duration and all pilots to be completed by January 31, 2007. The Committee directs S&T to provide a comprehensive report on each pilot, two months after each is completed, and interim reports of progress and results no later than August 31, 2006.

AIRPORT PERIMETER SECURITY

The Committee recommends $10,000,000 for airport perimeter security pilots. While funding has been provided for this work in the past, none was provided in fiscal year 2005 or requested in fiscal year 2006. The Committee is aware of a variety of innovative technologies that may reduce security weaknesses and vulnerabilities in airports throughout the United States.

AVIATION SECURITY FEES

In total, the Committee has assumed the collection of $1,990,000,000 in aviation security user fees in addition to the $250,000,000 in aviation security user fees that must automatically be deposited in the Aviation Security Capital Fund. The Committee assumes that, of this total, $1,640,000,000 shall be collected from aviation passengers and $350,000,000 shall be collected from the airlines. The Committee cannot support the budget request to increase passenger security fees by $3.00, raising the fee from $2.50 to $5.50 on the first leg of each flight and retain the $2.50 charge for a second leg if the passenger is connecting.

While the fee increase was proposed as a General Provision in the President's fiscal year 2006 appropriations request, amending existing aviation security law falls under the jurisdiction of the Homeland Security Committee. Until the authorizing Committee passes legislation to enact this fee increase, this Committee is unwilling to adopt this budget proposal.

HAZARDOUS MATERIALS TRUCK TRACKING PROGRAM

The Committee continues to be supportive of the hazardous materials truck tracking program that has been ongoing for the past several years. This program is a public/private partnership that addresses the terrorist threat posed by the 800,000 truck shipments of hazardous materials each day. This program notifies the appropriate national, state, or local authorities of spills or terrorist incidents and provides them with critical information regarding the exact incident location, load content on the vehicle, volume of material involved, and handling instructions. A total of $4,000,000 has been appropriated to fund security requirements of the program, complete the system's open architecture, and to connect with other related systems and services.

NUCLEAR DETECTION AND MONITORING

The Committee continues to be frustrated by the slowness of TSA to obligate $4,000,000 provided in fiscal year 2004 for nuclear detection and monitoring capabilities. Because TSA appears to be unwilling or unable to identify the best use for this funding, the Committee directs TSA to transfer these funds to the newly established Domestic Nuclear Detection Office within DHS. These funds shall be used to initiate pilot programs for detecting nuclear materials at truck weigh stations in the United States.

RAIL SECURITY

As discussed in fiscal year 2005, the Committee is aware of promising advances in train control technology that would allow a central operator the ability to remotely control the operation of a freight or passenger train in times of distress. The Committee believes development of such a system could enhance the safety, security, and efficiency of the rail system and strongly encourages TSA to continue its investigation of this promising technology.

SECURE FLIGHT

The Committee recommends $65,994,000 for Secure Flight, $15,000,000 below the President's request under the SCO office and $31,075,000 above the amounts provided in fiscal year 2005. TSA has a very aggressive program to implement Secure Flight; however, a number of uncertainties remain. First, Secure Flight is still under development. TSA is in the process of testing commercial data to see if it will be utilized in the system. Many outstanding items, including schedule, cost, and work that the airlines must do to incorporate Secure Flight into their reservation system, are still unclear. TSA hopes to have these issues resolved in the summer; however, past experience has shown TSA unable to meet aggressive schedules the agency set internally for Secure Flight and its predecessor (CAPPS II). Second, TSA or any other DHS entity is statutorily prohibited from obligating appropriated funds to deploy or implement a passenger prescreening system, other than on a test basis, until TSA has satisfied each of the ten elements identified in section 522 of Public Law 108-334. As part of fulfilling this requirement, the Government Accountability Office (GAO) must verify that these elements have been met. On March 28, 2005, GAO reported that only one of the ten elements had been satisfied. DHS cannot implement Secure Flight until all ten elements have been met. Third, TSA assumed that the Secure Flight program would be fully operational by October 1, 2006, and that all 66 airlines would be fully participating in the program. However, at this time, the first two airlines will not begin testing this program until August 19, 2005. Assuming all goes well with the first two airlines and no major problems are identified that could set back this program, the next group of airlines are not scheduled to begin utilizing Secure Flight until late 2005. TSA's current schedule of having all 66 airlines onboard by October 1, 2006, appears overly optimistic. In fact, in a recent briefing, TSA indicated that it is now more likely that full roll out of all 66 airlines will be completed in fiscal year 2007. For these reasons, the Committee has reduced funding for Secure Flight by $15,000,000.

The Committee directs GAO to continue to evaluate DHS and TSA actions to meet the ten elements listed in the section 522 of Public Law 108-334 and to report to the House Committee on Appropriations, either incrementally as DHS meets additional elements, or when all elements have been satisfied by DHS. The Committee has included bill language (Section 518) similar to last year on Secure Flight.

CREW VETTING

The Committee recommends $13,300,000 for crew vetting, the same as requested under the SCO and $3,300,000 above the amounts provided in fiscal year 2005. As explained in fiscal year 2005, the Committee believes that there is a clear distinction between the crew vetting, Secure Flight, and other credentialing programs. Funding for these activities should not be merged.

MANNED COVERT SURVEILLANCE AIRCRAFT

The aerial surveillance of our harbors, ports, and contiguous waterways represents an urgent homeland security responsibility of the Coast Guard. Additionally, the Coast Guard relies heavily upon aerial surveillance in the southern transit zones in order to intercept possible incoming threats. The Committee has noted a void in the Coast Guard's medium to short-range surveillance assets and provided $14,000,000 in fiscal year 2005 to procure and test three manned covert surveillance aircraft. The Committee recommends $10,000,000 in fiscal year 2006 to procure the appropriate sensor packages and to install them on the aircraft.

C-130J MISSIONIZATION

The Committee has denied the $5,000,000 requested for C-130J missionization. Costs for this work have grown dramatically, causing the Coast Guard to re-evaluate the use of the C-130J. Until final decisions have been made on how this work is to be done and whether the Coast Guard still plans to operate these aircraft in the future, it is premature to provide funding.

NATIONAL DISTRESS AND RESPONSE SYSTEM MODERNIZATION (RESCUE 21)

The Committee recommends $91,000,000 for the National Distress and Response System Modernization, commonly referred to as Rescue 21, $10,000,000 below the President's request and $15,000,000 above the amounts provided in fiscal year 2005, after recent reprogrammings and rescissions. While it appears that the contractor and the Coast Guard have resolved many of the software issues that have repeatedly delayed this program, the Committee believes that the current Rescue 21 schedule is overly optimistic and recognizes that the Service plans to carry over prior year appropriations into fiscal year 2007. As a result, a slight reduction to the budget request has been made to this program.

ENHANCED MARITIME SAFETY AND SECURITY TEAM (E-MSST)

The Committee recognizes and supports the Coast Guard's expansion of its counter-terrorism capabilities. At the forefront of this effort is the Enhanced Maritime Safety and Security Team (E-MSST). This tactical and highly specialized unit provided an essential and otherwise missing capability to many high-profile National Special Security Events (NSSEs) over the last year, including the G8 Summit in Sea Island Georgia and both national political conventions. Just as the creation of the original Maritime Safety and Security Teams (MSSTs) was a prudent course of action in the post-9/11 environment, the Committee believes the creation and sustainment of the E-MSST and its counter-terrorism capability is a worthy investment. However, the full operating capability and requirements of the MSSTs, located at strategic ports around the nation, has yet to be officially defined and it is unclear whether the Coast Guard wants to transition additional MSSTs into the E-MSST model. The Committee directs the Coast Guard to submit a MSST policy report, along with the fiscal year 2007 budget request, that articulates the Coast Guard's policy on the use and full operating capabilities of both MSSTs and E-MSSTs throughout the Coast Guard. This report should specifically address and define the full operating capabilities of both an MSST and E-MSST; whether the Coast Guard intends to transition additional MSSTs to the enhanced model; and whether or not the Coast Guard intends to expand the mission profile or logistics base for its E-MSST program. The projected, associated costs of transitioning the MSST units into E-MSSTs should also be included.

DEEPWATER LEGACY ASSETS

The Committee is extremely concerned about the operational status and rapidly increasing maintenance costs of Deepwater legacy assets. This concern is punctuated by recent events, including the engine power loss issues with the HH-65 helicopter and the hull degradation of the 110-foot patrol boats; but it also includes the aging medium and high endurance cutters. The Committee requires the Coast Guard to submit a legacy asset report not later than January 16, 2006, that describes the remaining operational life span of each and every one of its legacy cutters and aircraft that are part of the Deepwater program. This report should be broken down by asset and should explain the projected, remaining lifespan for effective operations. The report should also include specific details regarding specialized maintenance or mid-life overhaul programs, apart from routine or preventative maintenance, that are either required or planned to prolong the service life of a given legacy asset.

110-FOOT PATROL BOATS

The 110-foot Island Class patrol boats serve as a major operational component for the Coast Guard and are often referred to as the `workhorse' of the cutter fleet. However, the service life of these assets is rapidly diminishing due to significant hull erosion and C4ISR obsolescence. To address this issue, the Coast Guard and its Deepwater program integrator designed a 110-to-123 conversion program that would not only lengthen the patrol boat, address hull degradation, and install a stern boat ramp, but also upgrade the vessel's C4ISR equipment and align it with the network-centric future of the Coast Guard. This conversion process was intended to be the bridge between the currently operating Island Class patrol boats and the Fast Response Cutter (FRC) component of the Deepwater program. Through the course of the first hull conversion on the USCGC MATAGORDA, it was revealed that there was far greater hull damage than originally estimated. Since the completion of the MATAGORDA conversion, the Coast Guard and its patrol boat contractor have experienced repeated delays in this program and encountered significant hull degradation on subsequent cutters.

The Coast Guard has effectively halted the conversion program by not obligating $83,999,942 in funds appropriated for this purpose. While the Coast Guard has sped up the development and long-lead items associated with the FRC and the conversion program idles, there appears to be a significant capability gap emerging due to the absence of a definitive patrol boat solution. This is further complicated by the fact that six 110-foot patrol boats are operating overseas in support of the Global War on Terrorism with no clear expectation of when they might return to domestic operations.

To bridge this capability gap, the Coast Guard has pointed to the recent acquisition of five, 179-foot Cyclone Class patrol boats from the Navy and further emphasized the rapid development of the FRC. The Committee is completely dissatisfied by this course of action and is extremely concerned about the Coast Guard's ability to execute its missions without an effective patrol boat fleet. The 110s have proven to be an essential asset to drug and migrant interdiction, search and rescue, and fisheries law enforcement as well as more recently becoming a principle contributor to maritime security operations. Under ideal circumstances regarding the integration of the 179-foot Cyclone class cutters with the fleet and the development and eventual deployment of the FRC, the Coast Guard is approaching a prolonged period where aging 110s will either not be refurbished to the extent required or not be replaced by a newer, more capable asset. The Committee finds this situation unacceptable and believes immediate action is necessary to avoid any loss in the Coast Guard's operational capability or in our nation's maritime security.

To provide immediate action, the Committee includes a provision (Section 526) rescinding unobligated funds in the amount of $83,999,942 that were appropriated for the 110-to-123 conversions in fiscal years 2004 and 2005, and re-appropriating the funds towards the purchase of new Island Class patrol boats or the major maintenance availability of currently operating 110s. Although this is not an ideal solution, it provides immediate action on a proven asset. The Committee is aware that the original manufacturer of the 110-foot Island Class patrol boat has an operating production line that could rapidly construct new 110s or provide significant support on a service life extension of current vessels, including the installation of modernized C4ISR equipment and major hull repairs. This direction is consistent with the Coast Guard's Acquisition, Construction, and Improvements submittal contained within the fiscal year 2005 supplemental budget request.

AIRSPACE SECURITY

The Coast Guard has filled a critical mission by providing airspace security for the Department of Homeland Security during the five National Special Security Events (NSSEs) that occurred last year and in support of other DHS protective operations. The Committee is aware of the increased workload and resource hours that are necessary to support airspace security operations and is providing appropriations support that will expand the capabilities of the Coast Guard's aircraft in that regard. Specifically, the Committee is actively supporting the HH-65 re-engining, the airborne use of force outfitting of the HH-60, avionics modernizations, and several other aviation projects that will contribute to the Coast Guard's performance in this mission area.

HH-60 JAYHAWK

The Committee sees value in extending the life and capability of the HH-60 platform as an integral part of the Deepwater program. The Committee sees tremendous potential for efficiency in that the Bureau of Customs and Border Protection's (CBP) Air and Marine Operations Directorate uses a similar asset, the HH-60 Black Hawk. Given the Coast Guard's extensive modernization plan for the HH-60 Jayhawk, the Committee strongly encourages the Department, the BTS Directorate, CBP, and the Coast Guard to collaborate in the operations, maintenance, and outfitting of the HH-60 platform.

core operating expense and one that demands a greater level of budgetary planning.

NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN (NCMEC)

The National Center for Missing and Exploited Children (NCMEC) was established in 1984 as a private, nonprofit organization to provide services nationwide for families and professionals in the prevention of abducted, endangered, and sexually exploited children. NCMEC involves a partnership among federal law enforcement, corporate sponsors, commercial media, and private donors. The Secret Service's assistance to this cause has been substantial. In fiscal year 2004, the Secret Service opened 273 criminal cases, conducted 55 polygraph examinations, and completed 31 forensic examinations. Additionally in fiscal year 2004, under the Operation Safe Kids initiative, Secret Service personnel attended 17 events and fingerprinted 3,965 children. Since 1997, over 40,000 children have been fingerprinted through Operation Safe Kids. The Committee believes the contributions made to NCMEC have made a tremendously positive impact in the lives and well-being of countless children and encourages the Secret Service to build upon these noteworthy efforts. The Committee recommends $7,678,000 in support of this effort, $2,678,000 for support of investigations and $5,000,000 for grants.

STATE HOMELAND SECURITY GRANT PROGRAM

The Committee recommends $750,000,000 for State Homeland Security grants. These funds are available to all States for purposes of training, procuring equipment, planning, and conducting exercises, based on each State's approved updated homeland security strategy. Any subsequent grant made by a State shall also be based on that State's approved updated homeland security strategy. The Committee makes these funds available to all States on a formula basis, as authorized by section 1014 of the USA PATRIOT Act, (Public Law 107-56). The Committee recognizes pending legislation to modify State formula grants and presumes ODP would distribute funds based on any successor legislation. Provided no succeeding legislation to the USA PATRIOT Act is signed into law, ODP shall assess each State's threat, risk, and need to determine their minimum essential preparedness capability levels and allocate remaining funds to address those identified gaps in preparedness. The Committee directs ODP to brief the Committee 15 days prior to announcement of the awarding of these funds. That briefing shall include all threat and risk analysis applied and the process for determining need based on filling gaps in preparedness levels. The Committee expects the application kits to be made available within 45 days after enactment of this Act, that States will have 90 days to apply after the grant is announced, and ODP will act within 90 days of its receipt. The increased time allowed for State application and ODP review above previous fiscal years is based on the new methodology by which these grants will be requested and awarded. States must identify gaps in levels of preparedness when applying and ODP must evaluate all applications based on threat and risk before awards are made. The Committee also agrees that no less than 80 percent of these funds shall be passed by the State to local units of government within 60 days of the State receiving funds. None of the funds may be used for construction or overtime, except overtime to backfill those first responders attending ODP certified training classes. However, for those projects that specifically address enhanced security at critical infrastructure facilities, such as improved perimeter security, minor construction or renovation for necessary guard facilities, fencing, and related efforts, project construction or renovation not exceeding $1,000,000 is allowable, as deemed necessary by the Secretary. Not to exceed 3 percent may be used for administrative expenses.

This level of funding will allow ODP to work with State and local agencies to address the concerns previously noted and to begin the process of allocating State funding based on risk, threat, and need, specifically targeting gaps in preparedness levels, as directed in HSPD-8. The Committee also notes that including fiscal year 2005 grants, more than $7,000,000,000 in first responder funding remains unspent. While this does not mean that States or localities have not designated funding for a specific purpose, it does mean that billions of dollars remains in the pipeline.

LAW ENFORCEMENT TERRORISM PREVENTION GRANTS

The Committee recommends $400,000,000 for State and local Law Enforcement Terrorism Prevention grants and makes these funds available to all States on a formula basis, as authorized by section 1014 of the USA PATRIOT Act, (Public Law 107-56). The Committee recognizes pending legislation to modify State formula grants and presumes ODP would distribute funds based on any successor legislation. Provided no succeeding legislation to the USA PATRIOT Act is signed into law, ODP shall assess each State's threat, risk, and need to determine their minimum essential preparedness capability levels and allocate remaining funds to address those identified gaps in preparedness. Law enforcement terrorism prevention activities that involve compensation of overtime shall be limited to those specifically related to homeland security, such as providing expanded investigation and intelligence efforts. Funding may not be used to supplant ongoing, routine public safety activities of State and local law enforcement. State applications must certify that all requests for overtime comply with this requirement. The Committee expects the application kits to be made available within 45 days after enactment of this Act, that States will have 90 days to apply after the grant is announced, and ODP will act within 90 days of its receipt. The increased time allowed for State application and ODP review above previous fiscal years is based on the new methodology by which these grants will be requested and awarded. States must identify gaps in levels of preparedness when applying and ODP must evaluate all applications based on threat and risk before awards are made. The Committee also agrees that no less than 80 percent of these funds shall be passed by the State to local units of government within 60 days of the State receiving funds. None of the funds may be used for construction. Not to exceed 3 percent may be used for administrative expenses.

The Committee does not agree with the President's proposal to set aside a percentage of first responder grant funding for prevention activities and has reestablished it as a separate grant program. The Committee believes that prevention is a key component in the fight against terror and is concerned the grant program would lose its focus if combined with other preparedness grants. The Committee encourages ODP to continue to establish a strong terrorism prevention program to serve as a frontline defense against future terrorist attacks.

DISCRETIONARY GRANTS

The Committee recommends $1,215,000,000 for discretionary grants under the Urban Area Security Initiative. Not to exceed 3 percent may be used for administrative expenses.

HIGH-THREAT, HIGH-DENSITY URBAN AREA GRANTS

Of the funds recommended for Discretionary Grants, the Committee provides $850,000,000 for grants to high-threat, high-density urban areas. The Committee expects the application kits to be made available within 45 days after enactment of this Act, that States will have 90 days to apply after the grant is announced, and ODP will act within 90 days of its receipt. The increased time allowed for State application and ODP review above previous fiscal years is based on the new methodology by which these grants will be requested and awarded. States must identify gaps in levels of preparedness when applying and ODP must evaluate all applications based on threat and risk before awards are made. The Committee also agrees that no less than 80 percent of these funds shall be passed by the State to local units of government within 60 days of the State receiving funds. None of the funds may be used for construction. However, for those projects that specifically address enhanced security at critical infrastructure facilities, such as improved perimeter security, minor construction or renovation for necessary guard facilities, fencing, and related efforts, project construction or renovation not exceeding $1,000,000 is allowable, as deemed necessary by the Secretary. The Committee expects ODP to continue the practice of reimbursing eligible overtime expenses as designated in ODP Information Bulletin No. 127, dated August 3, 2004.

PORT SECURITY

Of the funds recommended for Discretionary Grants, the Committee provides $150,000,000 for Port Security grants. The President's request combined all infrastructure protection grants into a single Targeted Infrastructure Protection Program. The Committee denies this request. The Committee directs ODP to ensure the coordination of all port security grants with the State, local port authority, and the Captain of the Port, to ensure all vested parties are aware and that the limited resources are maximized.

The Committee is concerned about the effectiveness of the port security grant program. A recent DHS Inspector General report (OIG-05-10) criticized the Department for providing funding to low priority ports and for low priority projects. The Committee, therefore, has included bill language directing ODP to work with the Information Analysis and Infrastructure Protection (IAIP) Directorate to determine the threat environment at individual ports and with the U.S. Coast Guard to evaluate each port's vulnerability. The Committee includes bill language that funds will be directed at those ports with the highest risk and largest vulnerabilities. In addition, funding may only be made available for those projects recommended by the Coast Guard Captain of the Port.

The Committee is aware of the unique training challenges created by ports. Given the cost and logistics associated with live exercise disaster training, the Committee encourages ODP, in conjunction with the Science and Technology Directorate, to explore the use of high-fidelity reality-based synthetic environment technology for disaster management and training in the port environment.

RAIL AND TRANSIT SECURITY

Of the funds recommended for Discretionary Grants, the Committee provides $150,000,000 for Rail and Transit Security grants. The President's request combined all infrastructure protection grants into a single Targeted Infrastructure Protection Program. The Committee denies this request. The Committee directs ODP to continue to work with the Transportation Security Administration to develop a robust rail and transit security program, as well as with the Science and Technology Directorate on the identification of possible research and design requirements.

The Committee is concerned by a recent ODP risk assessment that highlights the need for redundant transit operations control abilities in the national capital region to maintain federal government continuity of operations. The Committee directs ODP to submit a report no later than January 16, 2006, on the steps they may take to ensure that this deficiency is addressed.

BUFFER ZONE PROTECTION PROGAM

Of the funds recommended for Discretionary Grants, the Committee provides $50,000,000 for the Buffer Zone Protection Program. The President's request combined all infrastructure protection grants into a single Targeted Infrastructure Protection Program. The Committee denies this request. The Committee directs ODP to continue to work with IAIP to identify critical infrastructure, assess vulnerabilities at those sites, and direct funding to gaps in those vulnerabilities.

INTERCITY BUS SECURITY

Of the funds recommended for Discretionary Grants, the Committee provides $10,000,000 for Intercity Bus Security grants. The President's request combined all infrastructure protection grants into a single Targeted Infrastructure Protection Program. The Committee denies this request.

TRUCKING SECURITY

Of the funds recommended for Discretionary Grants, the Committee provides $5,000,000 for Trucking Security grants. The President's request combined all infrastructure protection grants into a single Targeted Infrastructure Protection Program. The Committee denies this request.

COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM

The Committee recommends $50,000,000 for the Commercial Equipment Direct Assistance Program (CEDAP), $50,000,000 above the President's request and the same as amounts provided in fiscal year 2005. This program, formerly known as the Technology Transfer Program, provides basic technologies, which are immediately deployable, directly to smaller local jurisdictions. These jurisdictions do not always benefit directly from other first responder grants, yet have the same need for basic technologies, such as interoperable communications, defensive protection equipment, and vulnerability assessment tools. The Committee commends ODP on its successful implementation of this program, and directs a report, no later than January 16, 2006, on any proposed changes to the program. The report shall also include a summary of current and proposed technologies, feedback received from recipients, and how ODP coordinates these awards with State and local governments and their homeland security strategies.

NATIONAL PROGRAMS

The Committee recommends $366,300,000 for National Programs, $30,000,000 above the amounts provided in fiscal year 2005. The President requested $206,910,000 for these programs under separate accounts.

NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM

Of the funds recommended for National Programs, the Committee provides $125,000,000 for the National Domestic Preparedness Consortium, $45,000,000 above the President's request and $10,000,000 below the amounts provided in fiscal year 2005. Of this amount, the Committee provides $45,000,000 for the Center for Domestic Preparedness, $5,000,000 below the amounts provided in fiscal year 2005.

The Committee continues to be concerned at the level of funding requested for first responder training. The Department's fiscal year 2006 request for all first responder training programs is $112,000,000 less than last year's enacted levels. This is the second consecutive year the Department has proposed to cut first responder training by 57 percent. These programs ensure the training of hundreds of thousands of first responders annually. Reducing these funds by the amount in the President's request would seriously degrade ODP's ability to train first responders across the Nation. The Committee strongly encourages the Department to fully fund all first responder training programs in the future.

NATIONAL EXERCISE PROGRAM

Of the funds recommended for National Programs, the Committee provides $52,000,000 for the National Exercise Program, the same as the President's request and the amounts provided in fiscal year 2005.

METROPOLITAN MEDICAL RESPONSE SYSTEM

Of the funds recommended for National Programs, the Committee provides $40,000,000 for the Metropolitan Medical Response System (MMRS), $40,000,000 above the President's request and $10,000,000 above the amounts provided in fiscal year 2005. The Committee is concerned that the Department again did not request funding for this program in fiscal year 2006. MMRS is a vital system that provides minimal funds directly to the 124 jurisdictions to bring together local first responders, medical, public health and emergency managers to respond to and manage a weapon of mass destruction mass casualty event.

CITIZEN CORPS

Of the funds recommended for National Programs, the Committee provides $40,000,000 for Citizen Corps, $10,000,000 below the President's request and $25,000,000 above the amounts provided in fiscal year 2005.

DEMONSTRATION TRAINING GRANTS

Of the funds recommended for National Programs, the Committee provides $35,000,000 for Demonstration Training Grants, $35,000,000 above the President's request and $5,000,000 above the amounts provided in fiscal year 2005. The Committee agrees that these shall be peer reviewed competitive grants for first responder pilot and demonstration training projects, covering the local, regional, and national levels.

COORDINATED PHYSICIAN TRAINING PROGRAM

The Committee believes that the nation's physicians are an important component in the defense against biological, chemical, and nuclear attack. Not only are they on the front line in treating those impacted by such an attack, they may also prove to be critical in identifying and reporting an attack through their regular treatment of patients. The Committee encourages the Department to work with the Department of Health and Human Services in developing a uniform educational approach for physicians focusing on standardized recognition, treatment, and reporting information for possible biological, chemical, and nuclear attack.

CONTINUING TRAINING GRANTS

Of the funds recommended for National Programs, the Committee provides $30,000,000 for Continuing Training Grants, $26,990,000 above the President's request and $5,000,000 above the amounts provided in fiscal year 2005. The Committee agrees that these grants shall be used to fund current first responder training programs deemed of national importance by ODP.

REGIONAL FIRST RESPONDER TRAINING

The Committee is aware of the vital role regional training centers play in equipping first responders to overcome the myriad of challenges they are called to face. The Committee has heard numerous times of training backlogs and is concerned that training needs are not being met expeditiously. Therefore, the Committee directs ODP to comprehensively assess this training backlog and whether providing states and localities with funding targeted to establishing regional first responder training centers will help meet these needs and provide a report on their findings no later than January 16, 2006.

TECHNICAL ASSISTANCE

Of the funds recommended for National Programs, the Committee provides $20,000,000 for Technical Assistance, $12,400,000 above the President's request and $10,000,000 below the amounts provided in fiscal year 2005. The Committee recognizes the importance of interoperable communications standards, which are critical to the Department's efforts to improve communications nationally. Therefore the Science and Technology (S&T) Directorate shall expedite the development of these standards, and coordinate with ODP to ensure that ODP's technical assistance program incorporates these standards, as appropriate, and as spelled out in the Memorandum of Agreement between S&T and SLGCP, signed May 24, 2004, by the Executive Director of SLGCP and August 9, 2004, by the Under Secretary of S&T.

The Committee notes that there is currently no existing capability for real-time exchange of information at the regional or interstate levels regarding equipment and supplies inventory, readiness or the compatibility of equipment. Therefore, the Committee encourages ODP to review the use of logistic centers, which would consolidate State and local assets, provide life-cycle management and maintenance of equipment, allow for easy identification and rapid deployment during an incident, and allow for the sharing of inventories across jurisdictions.

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SENATE VERSION OF THE BILL--OVERVIEW

OVERVIEW AND SUMMARY OF THE BILL

The Committee recommends total appropriations of $31,860,080,000 for the Department of Homeland Security for fiscal year 2006, $1,291,332,000 more than the budget request. Of this amount, $30,846,000,000 is for discretionary programs.

The horrific attacks on our Nation on September 11, 2001, are evidence of our failed intelligence efforts and our vulnerability to those who would do us harm. The Department of Homeland Security was created, in part, to better organize the Executive Branch's ability to protect the Nation. No one expected that this reorganization would take hold overnight. The merger of separate agencies with different cultures into a new department is a complex and daunting task. Two years have passed since the Department began operations. It is now reasonable to expect the Department to be functioning cohesively, effectively managing tasks, and successfully carrying out the primary mission assigned to it by the Homeland Security Act of 2002 (Public Law 107-296). That is, to:

(A) prevent terrorist attacks within the United States;

(B) reduce the vulnerability of the United States to terrorism;

(C) minimize the damage, and assist in the recovery from terrorist attacks that do occur within the United States;

(D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;

(E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by explicit specific Act of Congress;

(F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; and

(G) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.

This said, Federal resources are limited. The ability to foresee, guard, and protect against all possible acts of terrorism is challenging for our Nation. It is important to address tomorrow's, not yesterday's, problems and be focused in our efforts. There is a driving need to minimize risks, close gaps, and address vulnerabilities. This bill, through the allocation of resources, begins to move the Department of Homeland Security in that direction.

Combatting Weapons of Mass Destruction- The risk that terrorists will acquire a weapon of mass destruction--chemical, biological, radiological, or nuclear--is a serious threat to our Nation. The 9/11 Commission recognized this risk, stating in the `Final Report of the National Commission on Terrorist Attacks Upon the United States', known as the 9/11 Commission Report, that, `The greatest danger of another catastrophic attack in the United States will materialize if the world's most dangerous terrorists acquire the world's most dangerous weapons'.

Congress has already taken initial action to prepare the country for a biological attack, with the passage of the Project BioShield Act and funding of $5,566,749,000 through September 30, 2013, to provide resources to incentivize private industry to develop medical countermeasures against known and perceived threats. Including the resources in this bill, since fiscal year 2004 the Committee also has provided the Department with: nearly $700,000,000 for radiological/nuclear countermeasures; nearly $1,000,000,000 for biological countermeasures; over $200,000,000 for chemical countermeasures, with $100,000,000 for fiscal year 2006 alone; and nearly $270,000,000 for threat and vulnerability assessments. In an effort to close the gap in cargo security, the Committee has supported the expansion of the Container Security Initiative from 19 ports in fiscal year 2003 to 41 ports in fiscal year 2006, and has strengthened the ability of U.S. Customs and Border Protection to conduct verification audits of the Customs Trade Partnership Against Terrorism.

It is expected that, once the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is fully implemented, information and intelligence will be improved to allow more informed decision making on resource allocations by the Department of Homeland Security, the administration, and Congress.

Addressing Threats- Since fiscal year 2002, over $14,000,000,000 has been appropriated to the Department and its precursor agencies for first responder grants. Further, $3,000,000,000 additional dollars are provided by this bill. It is time that this Nation seriously assesses the perceived versus actual results of expenditure of these tax dollars. On what basis has the distribution of grant dollars been made? Can we do better to achieve a balance between the sustainment needs of the entire country and the critical needs of those areas facing the greatest risk and the highest vulnerability? The 9/11 Commission Report recommendation on domestic preparedness dollars could not have been more explicit:

Homeland security assistance should be based strictly on an assessment of risks and vulnerabilities. . . . We understand the contention that every State and city needs to have some minimum infrastructure for emergency response. But Federal homeland security assistance should not remain a program for general revenue sharing. It should supplement State and local resources based on the risks or vulnerabilities that merit additional support.

The Committee strongly agrees that the bulk of funding should be based on risk and tied to the assessments now being conducted by the States in fulfillment of Homeland Security Presidential Directive 8. These assessments, when combined with the best information available to the Department on current threats and risks, should be the basis for determining the optimal allocation of funding. Including fiscal year 2005 appropriated dollars, nearly $7,000,000,000 remains unspent by grant recipients as of May 2005. This is half of what has been appropriated to date, not including funds provided by this bill. This apparent lack of action is not a criticism of the States or local jurisdictions charged with the responsibility for making the spending decisions for these dollars. Rather, it is an acknowledgement that good spending decisions often require good planning, and good planning requires time. The funding levels recommended and the decision making behind them throughout this bill is an acknowledgement that some level of funding is required to sustain the capabilities that have been built in every State. Once the capability assessments by the States are finalized, the Department will have a new tool at its disposal to make informed decisions about how best to close remaining gaps.

Another area of poor risk management and poor threat response is transportation security. In response to the 9/11 tragedy, the Federal Government carried out an extraordinary effort by standing up the Transportation Security Administration [TSA] in a short period of time. However, since the accomplishment of TSA's initial mission, the Department has been unable to quickly respond to emerging threats.

While TSA has hardened cockpit doors and instituted passenger and baggage screening measures, most recently the Inspector General has discovered serious lapses in TSA's response to the use of an aircraft as a delivery mechanism for a weapon of mass destruction. Also, TSA has failed to adequately address the threat of explosives at passenger checkpoints. TSA relies too heavily on people, not technology, to respond to the threat of an aircraft takeover, but has done little to look beyond the horizon at emerging threats. This bill shifts resources away from TSA screeners to more pressing threats.

The Committee increases funding for screening and checkpoint technologies while reducing the size of the screener workforce. Further, increased flexibility is provided for TSA to accelerate the shift of resources from the workforce to technology. There is no mandate to keep the screener workforce at 45,000 strong. TSA must leverage its resources to maximize its workforce first rather than fixating on screeners.

Strengthening the Nation's Borders- Recently, officials of the Department of Homeland Security have conceded the United States does not have operational control of its borders. The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico; the Nation's maritime border encompasses 95,000 miles of shoreline. Each year, more than 500 million people cross these borders into the United States, some 330 million who are non-citizens. Over 118 million vehicles and 16 million cargo containers enter the United States annually. In addition, there are an estimated 11 million undocumented aliens in the United States, including more than 400,000 individuals who have absconded, walking away with impunity from Orders of Deportation and Removal. One of the promises of the Department of Homeland Security was the integration of all agencies across the Federal Government that touch on border management. That promise remains unfulfilled. The National Border Patrol Strategy completed in March 2005 is an example of the fragmented approach of the Department. While this strategy attempts to put into place a plan of action, such a strategy cannot on its own gain control of our borders. The Department must aggressively move to truly integrate the responses, strategies, and technologies of all agencies responsible for border security and immigration. The National Border Patrol Strategy must be intricately meshed with a national detention plan, and both must be tied directly into an investigative plan for Immigration and Customs Enforcement [ICE].

Absent a clearly articulated, fully integrated national border security strategy for personnel and technology, the Committee has taken steps in this bill to target resources. The Committee expects the administration will follow this lead and develop an integrated strategy and incorporate hard estimates of the necessary resources to implement it.

This bill funds a total of 12,449 Border Patrol Agents; 18,201 Customs and Border Protection [CBP] Officers; 6,128 Criminal Investigators for customs and immigration work; 1,284 Deportation Officers; 2,747 Immigration Enforcement Agents/Detention Officers; and 22,727 detention beds across the Nation. It continues to support the development of the US Visitor and Immigrant Status Indicator Technology [US VISIT]. While this effort has just begun, the Committee will continue to watch its development closely and will hold the Department accountable for good stewardship of the funds.

These resources are just a first step towards true reform of our complete immigration system. However, resources alone will not solve the problem of immigration. There are two key activities to our immigration system: granting immigration benefits to those who wish to come to this country permanently or those who wish to reside here temporarily for work or school; and seeking to ensure that immigration rules and laws are enforced. Without true reform of both, the benefits side of the equation and the enforcement side, no meaningful permanent change will be effectuated at our borders.

Improving Management- The Department of Homeland Security has significant management dysfunctions. This Committee has repeatedly stepped in to rescue organizations from their own inept mismanagement of resources. The prime example of this behavior is ICE. Since the creation of ICE, this Committee has reallocated, transferred, and provided supplemental funds of over $600,000,000 to address base funding shortfalls.

Financial management throughout the Department has been called into question. This Committee holds the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Under Secretary for Management, the Chief Financial Officer, and the head of each individual Department organization directly accountable for properly managing the resources provided by Congress.

A 21st century Department should not be operating on stovepiped, disconnected, inherited information technology systems. The Department requires a 21st century technology base to achieve full effectiveness. Without strong management and oversight of information technology spending, the Department will continue to be hindered in its ability to respond to threats. The Department cannot afford missteps in this area. This bill now requires the use of independent verification and validation [IV&V] agents for US VISIT, the Automated Commercial Environment project, and the Atlas project. The Department should utilize IV&V agents as a good management technique to be applied to other systems development, including eMERGE2, Max HR, and the Homeland Secure Data Network.

One glaring example of poor integration of deployed technology is the border crossing card readers at the land ports-of-entry. After a delay of 2 years, these readers--which can verify the card holder's identity through fingerprints--are deployed only at pedestrian lanes and are not integrated with each other, or with the central database of fingerprints held by the Department, or with any other computer system available to inspectors. Thus, this program continues with significant security gaps.

Since the creation of the Department, there has been a continuous cycle of reorganizations. In fiscal year 2004, the Federal Air Marshals service was transferred from TSA to ICE. In fiscal year 2005, a new Office of State and Local Government Coordination and Preparedness was created as a direct report to the Secretary. Consolidated into this office were the Office of Domestic Preparedness, Emergency Management Performance Grants (overseen by Emergency Preparedness and Response), and transportation and port security grants (overseen by TSA). Also, in fiscal year 2005, the air and marine operations activities were transferred from ICE to U.S. Customs and Border Protection [CBP]. As a result of the air and marine operations transfer, CBP is evaluating the level of internal reorganization required to integrate these responsibilities with assets of the Border Patrol. The President's fiscal year 2006 budget proposes yet another reorganization--creation of the Office of Screening Coordination and Operations [SCO]. SCO is intended to consolidate all of the Department's credentialing activities with US VISIT, a program which is still struggling to perform efficiently. Reorganizing seems to be a sport within the Department. At what point does continued reorganization impede the ability of the Department to get its jobs done?

From organizations repeatedly unable to operate on the appropriations received, to organizations unable to execute simple operational plans, the Department has myriad management incompetencies. Too often the Department proposes solutions without first clearly defining the problem, exacerbating it further by shifting resources from one crisis to another. This immobilizes the Department, hindering its ability to address any situation effectively. The Arizona Border Control Initiative and the Domestic Nuclear Detection Office are examples of action being taken before thoughtful planning despite the seriousness of the problems being addressed. Hasty solutions are fostering an apparent false sense of security.

The Committee will work constructively with the Department to address these issues.

COMMITTEE RECOMMENDATIONS

The Committee recommends $4,908,200,000 for salaries and expenses of Customs and Border Protection [CBP] for fiscal year 2006, including $3,000,000 from the Harbor Maintenance Trust Fund. Included in this amount is a transfer of $1,456,000, and 7 full-time equivalents [FTEs] to Science and Technology [S&T] `Research, Development, Acquisition, and Operations' account for the consolidation of research and development, a decrease of $11,019,000 in termination of one-time costs, and $82,446,000 in annualizations for 500 Border Patrol Agents included in the Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13). The Committee includes language in the bill making available up to $150,000 for space for preclearance operations; up to $5,000,000 available for cooperative agreements with States and local governments; and $1,000,000 for payments to informants. The Committee includes language in the bill placing a $35,000 annual limit on overtime paid to any employee. The Committee has not included the transfer requested in the budget of $21,000,000 to the Office of Screening Coordination and Operations, but retains the $7,000,000 for the Free and Secure Trade program and the $14,000,000 for the Nexus/Secure Electronic Network for Travelers Rapid Inspection program within CBP. The Committee also includes a $14,400,000 rescission of unobligated funds appropriated in prior years.

Targeting Systems- Included in the amount recommended by the Committee is $28,253,000, an increase of $5,400,000, as requested in the budget, for systems technology acquisitions, to be distributed as follows: automated targeting system/land, $1,500,000; automated targeting system/passenger, $1,500,000; and automated targeting system/inbound, $2,400,000.

Immigration Advisory Program- Included in the amount recommended by the Committee is $4,000,000, an increase of $2,000,000 from the fiscal year 2005 level, as requested in the budget, for expansion of the Immigration Advisory Program.

Radiation Portal Monitors- The Committee does not provide the $125,000,000 requested in the budget for radiation portal monitors. The Committee instead provides $125,000,000 for the procurement and deployment of radiation portal monitors within the S&T, `Research, Development, Acquisition, and Operations' account. The Committee believes S&T is the proper organization to test, pilot, and direct the procurement of radiation portal monitors.

America's Shield Initiative- Included in the amount recommended by the Committee is $51,084,000, as requested in the budget, to continue development of the America's Shield Initiative for the deployment of enhanced electronic surveillance capabilities along the southern and northern land borders.

The Committee encourages the program managers to explore the use of commerical, airborne, off-the-shelf wireless technology as it develops this program.

Container Security Initiative- Included in the amount recommended by the Committee is $138,790,000, 341 positions, and 335 FTEs, an increase of $12,694,000, 12 positions, and 6 FTEs, from the fiscal year 2005 level, as requested in the budget, for expansion of the Container Security Initiative [CSI].

The Committee supports the program's expansion to more than 41 overseas ports, as well as the growing permanent placement of U.S. inspection personnel at overseas ports to work jointly with host country counterparts in targeting and inspecting potentially threatening shipping containers prior to their arrival at ports in the United States. However, the Committee is concerned some host governments are reluctant to conduct inspections of a significant number of the containers CSI officials request and refer for additional inspection. If a host country is reluctant to work with United States CSI teams, its further participation in the CSI program should be reevaluated and possibly terminated. The Committee directs the Department to provide a report to the Committee, no later than February 18, 2006, on the specific steps the Department has taken to work with host governments to explain the CSI targeting methods so as to overcome any reluctance to inspect potentially suspect containers, how CSI teams coordinate their efforts with Department of State personnel, what actions have been taken or consideration has been given to withdrawing CSI personnel from a CSI port if cooperation with CSI teams has not improved and the specific actions taken and planned to implement the recommendations made by the Government Accountability Office [GAO] in its April 2005 report (GAO-05-557), `A Flexible Staffing Model and Minimum Equipment Requirements Would Improve Overseas Targeting and Inspection Efforts'.

Customs-Trade Partnership Against Terrorism- Included in the amount recommended by the Committee is $54,268,000, 277 positions, and 277 FTEs, an increase of $8,200,000 from the fiscal year 2005 level, as requested in the budget, for expansion of Customs-Trade Partnership Against Terrorism [C-TPAT].

Standards for CSI and C-TPAT- GAO has determinated CSI and C-TPAT need to develop more detailed standards for verifying the security of, and provide more rigor in, the known shipper process used by these programs (GAO Report 05-33, `National Plan for Homeland Security'). The Committee directs the Department to submit a report to the Committee, by February 18, 2006, on the CSI and C-TPAT programs, to include the following: (1) the most rigorous performance measures, including outcome-oriented indicators, which have been developed and implemented for CSI and C-TPAT; (2) a human capital plan that clearly describes how the programs will recruit, train, and retain staff overseas as the programs expand; and (3) the plans currently in place that lay out the goals, objectives, and detailed implementation strategies of the programs. Further, the report should include the results of the CSI and C-TPAT programs for each of fiscal years 2004 and 2005 and the specific actions taken and planned to implement the recommendations made by the GAO in its March 2005 report (GAO-05-128SU), `Partnership Program Grants Importers Reduced Scrutiny with Limited Assurance of Improved Security'.

Border Patrol Aircraft Replacements- Included in the amount recommended is $20,000,000, as requested in the budget, for 12 single-engine helicopters to begin the upgrading and modernizing of the Border Patrol air fleet. The Committee expects CBP to continue to comply with all Federal contracting requirements.

Automated Biometric Identification System [IDENT]/Integrated Automated Fingerprint System [IAFIS]- Included in the amount recommended by the Committee is $3,000,000, as requested in the budget, to allow CBP to begin reimbursing the US VISIT program for its use of the IDENT and IAFIS systems.

Border Patrol Staffing- Included in the amount recommended by the Committee is $1,750,545,000, 13,482 positions, 12,704 FTEs, an increase of $241,010,000 for 1,000 additional Border Patrol Agents, 250 full-time equivalents, and funding for 220 mission support positions, 110 FTEs, relocation costs, and information technology costs. This includes the 210 additional agent positions requested in the budget and 790 additional agents funded by the Committee, including 500 Border Patrol Agents, in the Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13). This will bring the total strength of the Border Patrol to 12,449 in fiscal year 2006, as compared to 10,949 in fiscal year 2005.

Threat Assessment for Ramey Sector, U.S. Virgin Islands- The Committee is extremely disappointed that months after requesting a formal assessment regarding the threat posed by illegal immigration to the U.S. Virgin Islands in the Border Patrol Ramey Sector, nothing has been forthcoming from CBP or the Department. With the departure of the U.S. Navy from the island of Vieques, there is a U.S. presence vacuum in the eastern Caribbean. Therefore, the Committee directs CBP to establish a permanent Border Patrol facility in the U.S. Virgin Islands no later than March 1, 2006. If intelligence is available indicating this action is unnecessary, CBP should provide a report to the Committee, in classified and unclassified form, stating the specific reasons why such a facility is not required.

Arizona Border Control Initiative- Included in the amount recommended by the Committee is total funding of $1,000,000, as requested in the budget, for support of the Arizona Border Control Initiative.

Homeland Secure Data Network- The Committee's recommendation does not include $3,200,000, as proposed in the budget, for the Homeland Secure Data Network. Funding for this system is consolidated and included in the Committee's recommended appropriations level for the Office of the Chief Information Officer.

Air and Marine Staffing- The Committee includes $146,560,000, 1,134 positions, and 1,134 FTEs, an increase of $15,124,000 from the fiscal year 2005 level, for increased staffing of air and marine operations, of which $5,500,000 is for staffing for the fourth Northern border airwing in Great Falls, Montana. The Committee recognizes the critical role played by the Air and Marine Operations Center [AMOC]. The Committee understands the Commissioner of Customs and Border Protection is in the process of finalizing a Transition Management Office plan for AMOC and encourages priority be given to hiring additional detection support specialists, systems technology staff, and communication technicians. Further, the Committee believes priority should also be given to hiring additional marine enforcement officers.

Textile Transshipment Enforcement.--Included in the amount recommended by the Committee is $4,750,000 for textile transshipment enforcement, as authorized by Section 352 of the Trade Act of 2002. The Trade Act of 2002 authorized appropriations for the hiring of 72 positions between CBP and Immigration and Customs Enforcement, including import specialists, auditors, and analytic staff, and funding has been provided for these positons. The Committee is aware CBP did not fill positions in fiscal year 2004 and directs all its positions be filled. Further, the Department is directed to report to the Committee by February 18, 2006, on how the funds for textile transshipment enforcement were used in fiscal years 2004 and 2005, and include in that report a 5-year enforcement strategy to reduce textile transshipment.

Advanced Training Center- Included in the amount recommended by the Committee is $9,134,000, as requested in the budget, to operate and equip the Advanced Training Center.

Pursuant to Public Law 106-246, the training to be conducted at the Advanced Training Center shall be configured in a manner so as to not duplicate or displace any Federal law enforcement program of the Federal Law Enforcement Training Center [FLETC]. Training currently being conducted at a FLETC facility shall not be moved to the Advanced Training Center.

Non-intrusive Inspection Technology- The Committee supports the acquisition and utilization of advanced mobile inspection systems for screening trucks, cargo containers, and passenger vehicles. The Committee is supportive of multiple technologies to provide this critical service.

Anti-dumping Enforcement- The Committee has ensured, within the amounts provided for this account, the availability of sufficient funds to enforce the anti-dumping authority contained in section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c).

In response to a Committee directive, CBP submitted a report on February 3, 2005, regarding the status of its implementation of recommendations by the U.S. Treasury Department's Office of the Inspector General report on implementation of the Continued Dumping and Subsidy Offset Act of 2000 [CDSOA]. The Committee directs CBP to report on whether it has completed all of the initiatives, processes, and procedures which it identified in its February 3, 2005, report to the Committee. In particular, CBP is directed to confirm whether the individual processes listed in Attachment 1 to the `Statement of Work' have been completed. If those processes and procedures have not been completed, CBP is directed to provide an explanation as to why and to provide a deadline as to when they will be completed. The report is due to the Committee by February 18, 2006.

Further, the Committee is concerned CBP had failed to submit the report concerning the collection of duties due February 8, 2005, and again directs CBP to work with the Departments of Commerce and Treasury, and the Office of the United States Trade Representative (and all other relevant agencies) to complete a joint report to the Committee providing a coordinated plan, including legislative or regulatory changes proposed by CBP, if necessary, to increase anti-dumping and countervailing duty collections, particularly related to cases involving unfairly-traded Asian imports. The CBP annual reports on CDSOA for fiscal years 2003 and 2004 showed a failure to collect millions in assessed duties. The Committee directs CBP to break out the non-collected amounts for each of fiscal years 2001, 2002, 2003, and 2004 by order and claimant, along with a description of each of the specific reasons for non-collection with respect to each order.

Fleet Management Report- The Committee directs the fleet management report, which was due on February 8, 2005, be delivered to the Committee as soon as possible.

Border Crossing Cards- The Committee is aware scanners used to read and verify the identity of Mexican citizens via the swiping of Border Crossing Cards, or laser visas, are not deployed at all primary inspection lanes--including passenger vehicle lanes--along the Southwest border. The Committee believes these cards are a valuable identification tool and requests a report by February 18, 2006, on the plans to continue use of the Border Crossing Cards and the card scanners, the analysis performed to decide not to deploy scanners to all primary vehicle inspection lanes along the Southwest border, and the security benefits derived from the use of card scanners.

Training- The Committee is aware legacy Customs inspectors and CBP officers who received basic training at FLETC between January 1, 2002, and October 1, 2004, were not compensated for the sixth day of training for each week during that period. The Committee directs the Department to report to the Committee no later than December 1, 2005, on its compliance with the recent arbitration ruling on this matter.

Tobacco Imports- The Committee is concerned there is insufficient coordination between those Federal agencies responsible for tracking and permitting tobacco products to be imported into the United States, and those Federal agencies responsible for ensuring that Federal tax and trade laws and other Federal requirements applicable to such imports are met. The Committee directs the Department, in consultation with the U.S. Department of Treasury, to report by February 18, 2006, on automating the interface between the Alcohol and Tobacco Tax and Trade Bureau [TTB] and CBP as a part of the on-going Automated Commercial Environment [ACE] project. This report should include projected costs of developing and supporting the interface between CBP and TTB, a projected timeline for developing this interface, the associated software changes to ACE required to automate the tobacco import process, the impediments to manually verifying each TTB import permit number, and any further actions planned by CBP to implement a verification process of certifications required under the Imported Cigarette Compliance Act of 2000 (Public Law 106-476).

Agricultural Inspections- The Committee is aware of the March 31, 2005, the USDA Inspector General report `Transition and Coordination of Border Inspection Activities Between USDA and DHS', that calls for an increased coordination process for imported food inspections between the Animal and Plant Health Inspection Service and CBP. The Committee requests the Department, in conjunction with the USDA, to submit a report by February 18, 2006, which details the specific actions each agency will take, or has already taken, to address the apparent 32 percent reduction in agriculture inspections and the lack of coordination and access between the Departments to targeting and planning intelligence information.

Agricultural Pests- The Committee notes Hawaii's globally significant natural environment, as well as the State's important diversified agricultural industry, are uniquely vulnerable to the introduction of invasive weeds, animals, insects, and diseases. The Committee expects the Department to work with the USDA and the Hawaii Department of Agriculture to share information and expertise to ensure their respective inspection and quarantine activities provide coordinated and collaborative biosecurity protection for the State.

Included in the amount recommended by the Committee is continued funding at the fiscal year 2005 level for part-time and temporary positions in Honolulu, Hawaii.

The Committee recommends $311,381,000 for construction activities of Customs and Border Protection [CBP], to be available until expended. This includes an increase of $1,700,000, as requested in the budget, for inflationary adjustments. The Committee has included bill language making $55,000,000 available solely for the San Diego Sector Fence, and making $55,000,000 available solely for Tucson Sector tactical infrastructure improvements.

Construction Associated with 1,000 New Border Patrol Agents.--Included in the amount recommended by the Committee is $81,963,000 for the construction requirements associated with 1,000 new Border Patrol Agents.

San Diego Sector Fence- The Committee provides $55,000,000 for completion of the fence in the San Diego Sector, including environmental mitigation. This represents the full cost of the project, which is expected to be completed in fiscal year 2009.

Tucson Sector Tactical Infrastructure- The Committee provides $55,000,000 for tactical infrastructure projects within the Tucson Sector. The Committee is strongly committed to providing resources to enable the Border Patrol and the Department to gain operational control in the Tucson Sector.

Advanced Training Center- The Committee provides $26,000,000 for site acquisition, land development, and other activities for the expansion of the Advanced Training Center. The Committee directs the Department to submit a master plan for the expansion of the Advanced Training Center, a spending plan for the Center (as detailed below), and the projected training needs of CBP at the facility for each of fiscal years 2006-2010.

Spending Plan- The Committee directs the Department to submit a detailed spending plan for the following projects: construction associated with 1,000 new Border Patrol Agents, the San Diego Sector fence, Tucson Sector tactical infrastructure, and the Advanced Training Center by February 18, 2006. The spending plan should include, but not be limited to, the following information for each project and sub-project: a detailed cost breakout for construction, design, planning, project management; total estimated project and sub-project cost; and date each phase of the project and sub-project is scheduled to begin and be completed.

The Committee expects the Department to continue to work with the General Services Administration on its nationwide strategy to prioritize and address the infrastructure needs at the land border ports-of-entry and to comply with the requirements of the Public Buildings Act of 1959 (40 U.S.C. 3301) to seek necessary funding.

The Committee recommends $3,050,416,000, for salaries and expenses of Immigration and Customs Enforcement [ICE] for fiscal year 2006. This includes increases from the fiscal year 2005 level of $18,124,000 for pay and other inflationary adjustments, as requested in the budget, and $24,250,000 in annualizations associated with the resources provided in the Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13).

The Committee includes language in the bill placing a $35,000 limit on overtime paid to any employee; making up to $5,000,000 available for special operations; making up to $1,000,000 available for the payment of informants; making up to $11,216,000 available to reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled illegal aliens; making not less than $102,000 available for promotion of public awareness of the child pornography tipline; making not less than $203,000 available for Project Alert; and making $15,770,000 available for activities to enforce laws against forced child labor, of which $6,000,000 shall remain available until expended. Certain ICE operations, including the Law Enforcement Support Center, rely heavily on term employees. With the funds made available, the Committee encourages ICE to make conversion of term employees to permanent employees a priority as it resumes hiring.

Congress provided $276,000,000 in emergency supplemental appropriations for the base activities of ICE in the Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13). The Committee reiterates ICE is to manage within the resources provided by this and future appropriations Acts; no further transfers or reprogrammings will be approved to provide additional resources for the base funding requirements of ICE. The Department and the Office of Management and Budget are to ensure proper management processes, practices, and controls are in place at ICE. To that end, the Committee directs the Chief Financial Officer to submit a plan that outlines the steps taken to improve the management of ICE, and any further corrective actions planned to ensure program increases funded for fiscal year 2006 are executed in a timely manner. Based on the additional resources provided to ICE for fiscal year 2005, the base request for ICE is recalculated to be $2,762,069,000, and all Committee recommendations build from that base.

Visa Security Program- Included in the amount recommended by the Committee is $18,827,000, an increase of $4,827,000, 9 positions, and 5 full-time equivalents [FTEs] for one additional Visa Security Unit.

Investigations- Included in the amount recommended by the Committee is $1,281,355,000, 7,346 positions, 7,084 FTEs, an increase of $37,000,000, 300 investigator positions, and 150 FTEs, for immigration investigations. The Committee believes these resources should not be narrowly focused on one type of immigration violation, but should be put towards an overall invigoration of immigration investigation efforts. There is a need to increase work in human smuggling, benefit and document fraud, and human trafficking, as well as worksite enforcement.

The Committee does not provide the funding increase for temporary worker worksite enforcement proposed in the budget.

Cyber Crime Center- Included in the amount recommended by the Committee is an increase of $800,000 from the fiscal year 2005 level for the cyber crime center.

Interagency Crime and Drug Enforcement [ICDE] Activities, Investigations- Included in the amount recommended by the Committee is an increase of $41,840,000, 332 positions, and 332 FTEs from the fiscal year 2005 level, as requested in the budget, for ICDE activities. These do not represent new resources for ICDE, but replace funding that has been appropriated as part of the overall multi-agency ICDE appropriation within the U.S. Department of Justice [DOJ] and provided to ICE through a reimbursable agreement in prior fiscal years.

Base Increase, Investigations- The Committee does not include the $105,000,000, increase requested in the budget for base resources. The funds necessary to sustain operations of Investigations are provided in the recalculated base.

Investigations Training- Included in the amount recommended by the Committee is $13,932,000 for Investigations training, an increase of $173,000 for the increased training requirements of the Visa Security program. The Committee does not include the $1,784,000 increase requested in the budget for training associated with temporary worker worksite enforcement.

Interagency Crime and Drug Enforcement [ICDE] Activities, Intelligence- Included in the amount recommended by the Committee is an increase of $1,838,000, 14 positions, and 14 FTEs from the fiscal year 2005 level, as requested in the budget, for ICDE activities. These funds do not represent new resources for ICDE, but replace funding that has been appropriated as part of the overall multi-agency ICDE appropriation within the DOJ and provided to ICE through a reimbursable agreement in prior fiscal years.

Detention Bed Space- Included in the amount recommended by the Committee is a total of $842,300,000, an increase of $77,385,000, 32 positions, and 16 FTEs to fund an additional 2,240 detention beds. The Committee does not include the $76,000,000 increase for base resources requested in the budget. The funds necessary to sustain operations of Custody Management are provided in the recalculated base.

The resources provided by this bill, taken together with the resources provided in the Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13), will fund a total of 22,727 detention beds for fiscal year 2006 from all funding sources. The beds are funded as follows: 19,112 from ICE, Salaries and Expenses; 1,963 from the Breached Bond Detention Fund; 1,652 from the Immigration User Fee.

Despite the increase recommended by the Committee, the need for detention bedspace exceeds available resources. The Committee believes there may be more cost efficient alternatives available to ICE for detention services. The Department is requested to provide a report to the Committee by February 18, 2006, on lower cost alternatives to current detention services, including portable housing.

Immigration Enforcement Agents/Detention Officers- Included in the amount recommended is an increase of $18,000,000, 200 immigration enforcement agent/detention officer positions, and 100 FTEs.

Arizona Border Control Initiative, Custody Management- Included in the amount recommended by the Committee is an increase of $25,000,000, as requested in the budget, for support of the Arizona Border Control Initiative.

Base Increase, Custody Management- The Committee does not include the $18,600,000 increase for base resources requested in the budget. The funds necessary to sustain operations of Custody Management are provided in the recalculated base.

Alternatives to Detention- Included in the amount recommended by the Committee is $27,910,000, 176 positions, and 137 FTEs, an increase of $15,400,000, 62 positions, and 31 FTEs, for an expansion of the Alternatives to Detention program.

The United States Commission on International Religious Freedom, in its February 2004 report, `Asylum Seekers in Expedited Removal', includes a number of recommendations regarding detention policies and facilities used for asylum applicants. The Department must balance the national security needs of this country with humanitarian needs of legitimate asylum applicants. The Committee requests the Department to report by February 18, 2006, on its response to the specific recommendations of the Commission regarding detention decisions for asylees and the steps it has taken to ensure consistent application of standards for asylum and credible fear within the Department.

Base Increase, Alternatives to Detention- The Committee does not include the $5,400,000 requested increase for base resources. The funds necessary for the Alternatives to Detention program are provided in the recalculated base.

Fugitive Operations- Included in the amount recommended by the Committee is $70,458,000, 399 positions, and 366 FTEs, an increase of $24,880,000, 60 positions, and 30 FTEs, for expansion of the Fugitive Operations program.

Institutional Removal Program- Included in the amount recommended by the Committee is $62,927,000, 525 positions and 454 FTEs, an increase of $23,355,000, 137 positions, and 69 FTEs, for an expansion of the Institutional Removal Program [IRP]. The Committee directs ICE to conduct a study on nationwide expansion of the IRP, how this could be accomplished, necessary resources, and expected benefits.

Arizona Border Control Initiative, Transportation and Removal- Included in the amount recommended by the Committee is an increase of $14,349,000, as requested in the budget, for support of the Arizona Border Control Initiative.

Legal Proceedings- Included in the amount recommended by the Committee is $36,218,000, an increase of $3,500,000, 48 positions, and 24 FTEs, for additional attorney personnel to reduce the case backlog.

Homeland Secure Data Network- The Committee's recommendation does not include $11,300,000 and 1 position, as proposed in the budget, for the Homeland Secure Data Network. Funding for this system is consolidated and included in the Committee's recommended appropriations level for the Office of the Chief Information Officer.

Textile Transshipment Enforcement- Included in the amount recommended by the Committee is $4,750,000 for textile transshipment enforcement, as authorized by Section 352 of the Trade Act of 2002. The Trade Act of 2002 authorized appropriations for the hiring of 72 positions between CBP and ICE, including investigators. The Department is directed to report to the Committee by February 18, 2006, on how the funds for textile transshipment enforcement were used in fiscal years 2004 and 2005, and include in that report a 5-year enforcement strategy to reduce textile transshipment.

Legal Orientation Program- Included in the amount recommended by the Committee is $1,000,000 for the Legal Orientation Program [LOP], to be transferred to the Executive Office for Immigration Review [EOIR] for execution. The United States Committee on International Religious Freedom, in its February 2004 report, recommended the nationwide expansion of the LOP, which it found saves on the costs of immigration detention, makes Immigration Court proceedings more efficient, and facilitates access to justice for detained aliens in removal proceedings. The Department, in consultation with EOIR, is directed to report to the Committee by February 18, 2006, on the net cost of expanding the LOP nationwide, and the timetable for such an expansion.

Reducing the Number of Alien Absconders- The Committee recognizes the importance of reducing the rate of aliens who do not comply with Orders of Removal, known as absconders. However, the ability to address this situation is not fully within the control of one Federal department. Both the Department of Homeland Security [DHS] and the Department of Justice [DOJ] must work closely together to achieve this goal. The Committee directs DHS, in conjunction with DOJ, to study the existing apprehension, detention, appeal, and removal policies and procedures. The Committee requests DHS and DOJ to jointly submit a report by February 18, 2006, on the efforts each Department will take to reduce the absconder rate, including proposed changes to existing policies, procedures, and laws to further assist in reducing the absconder population.

Blanding, Utah- The Committee directs ICE to submit a report, by February 18, 2006, on the costs and need for establishing a sub-office in southeastern Utah.

Detention and Removals Reporting- The Committee continues to request ICE to submit a quarterly report to the Committee which compares the number of deportation, exclusion, and removal orders sought and obtained by ICE. The report should be broken down by district in which the removal order was issued; by type of order (deportation, exclusion, removal, expedited removal, and others); by agency issuing the order; by the number of cases in each category in which ICE has successfully removed the alien; and by the number of cases in each category in which ICE has not removed the alien. The first fiscal year 2006 quarterly report is to be submitted no later than January 30, 2006.

To Top

BILL TEXT BROKEN DOWN BY SUBJECT WITH SPENDING AMOUNTS

TITLE I Management and Operations Spending

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS,

BORDER AND TRANSPORTATION SECURITY

A.     Customs and Border Protection

B.     Automation

C.     Air and Marine Interdiction

D.    Transportation Security

E.     US Coast Guard

F.      Alteration of Bridges

TITLE III PREPAREDNESS AND RECOVERY

TITLE IV RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

TITLE V GENERAL PROVISIONS

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 law, $133,239,000 {Senate proposes $124.6 million}(reduced by $100,000): Provided, That not to exceed $40,000 shall be for official reception and representation expenses and $20,000,000 shall not be available until the Secretary of Homeland Security submits to the House of Representatives an immigration enforcement strategy to reduce the number of undocumented aliens by 10 percent per year and that $10,000,000 shall not be available for obligation until section 525 of this Act is implemented, and 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.

Office of the Under Secretary for Management

For necessary expenses of the Office of the Under Secretary for Management, $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.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial Officer, $18,505,000.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief Information Officer,

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.

Office of Inspector General

For necessary expenses of the Office of Inspector General $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.

To Section Head

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

BORDER AND TRANSPORTATION SECURITY

Office of the Under Secretary for Border and Transportation Security

For necessary expenses of the Office of the Under Secretary for Border and Transportation Security, $10,617,000: Provided, That not to exceed $3,000 shall be for official reception and representation expenses. {Senate proposes $9.6 million}

AUTOMATION MODERNIZATION

For necessary expenses of the United State Visitor and Immigrant Status Indicator Technology project, 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:

(1) $7,000,000 for FAST.

(2) $14,000,000 for NEXUS/SENTRI.

(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--

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

(B) complies with the Department of Homeland Security enterprise information systems architecture;

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

(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

(E) is reviewed by the Government Accountability Office.

To Section Head

Customs and Border Protection

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports; acquisition, lease, maintenance and operation of aircraft; purchase and lease of up to 4,500 (3,935 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $4,885,544,000; 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

$35,000 shall be for official reception and representation expenses;

$141,060,000 shall be for Air and Marine Operations;

$174,800,000 shall remain available until September 30, 2007, for inspection and surveillance technology, unmanned aerial vehicles, and replacement aircraft; $150,000 shall be available for payment for rental space in connection with pre-clearance operations;

$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;

$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 shall be $35,000;

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.

To Section Head

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. Subject to Congressional review.

To Section Head

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 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.

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, $93,418,000, to remain available until expended.

To Section Head

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, $3,064,081,000 (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.

$15,000 shall be for official reception and representation expenses;

$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;

$102,000 shall be for promotion of public awareness of the child pornography tipline;

$203,000 shall be for Project Alert;

$5,000,000 shall be for costs to implement section 287(g) of the Immigration and Nationality Act, as amended;

$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;

 None of the funds appropriated shall be available to compensate any employee for overtime in an annual amount in excess of $35,000,

$3,045,000 shall be for activities to enforce laws against forced child labor in fiscal year 2006,

$2,000,000 shall remain available until expended:

$50,000,000 shall not be available for obligation until Congressional review.

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, $698,860,000

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, $40,150,000, to remain available until expended Requires Congressional review.

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.

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Transportation Security Administration

AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing aviation security, $4,591,612,000, to remain available until September 30, 2007,

$3,000 shall be available for official reception and representation expenses: $3,608,599,000 shall be for screening operations,

 $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;

$983,013,000 shall be for aviation security direction and enforcement presence: Security service fees shall be credited to this appropriation as offsetting collections:

 The sum herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis as such offsetting collections estimated at not more than $2,601,612,000:

That any security service fees collected in excess of the amount appropriated under this heading shall become available during fiscal year 2007

That none of the funds in this Act shall be used to recruit or hire personnel into the Transportation Security Administration which would cause the agency to exceed a staffing level of 45,000 full-time equivalent screeners.

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $36,000,000, to remain available until September 30, 2007.

TRANSPORTATION VETTING AND CREDENTIALING

For necessary expenses for the development and implementation of screening programs by the Office of Transportation Vetting and Credentialing, $84,294,000.

TRANSPORTATION SECURITY SUPPORT

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:

$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.

To Section Head

United States Coast Guard

OPERATING EXPENSES

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, and recreation and welfare, $5,500,000,000, of which $1,200,000,000 shall be for defense-related activities;

$24,500,000 shall be derived from the Oil Spill Liability Trust Fund

$3,000 shall be for official reception and representation expenses:

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the Coast Guard's environmental compliance and restoration functions $12,000,000, to remain available until expended.

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the reserve program; personnel and training costs; and equipment and services; $119,000,000.

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $798,152,000,

$20,000,000 shall be derived from the Oil Spill Liability Trust Fund

$22,000,000 shall be available until September 30, 2010, to acquire, repair, renovate, or improve vessels, small boats, and related equipment;

$29,902,000 shall be available until September 30, 2010, to increase aviation capability;

$130,100,000 shall be available until September 30, 2008, for other equipment;

$39,700,000 shall be available until September 30, 2008, for shore facilities and aids to navigation facilities;

$76,450,000 shall be available for personnel compensation and benefits and related costs;

$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.

$50,000,000 may not be obligated without Congressional review.

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ALTERATION OF BRIDGES

For necessary expenses for alteration or removal of obstructive bridges, $15,000,000, to remain available until expended.

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 $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; 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,

 $25,000 shall be for official reception and representation expenses;

 $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations;

$2,678,000 shall be for forensic and related support of investigations of missing and exploited children;

$5,000,000 shall be a grant for activities related to the investigations of exploited children and shall remain available until expended:

 $18,000,000 provided for protective travel shall remain available until September 30, 2007:

 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

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.

To Section Head.

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:

$2,000 shall be for official reception and representation expenses.

To Section Heading

STATE AND LOCAL PROGRAMS

For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, $2,781,300,000 (increased by $100,000) (increased by $50,000,000), which shall be allocated as follows:

 $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)

 Application for grants shall be made available to States within 45 days after enactment of this Act; 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

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.

$1,215,000,000 for discretionary grants, as determined by the Secretary of Homeland Security, of which—

$850,000,000 shall be for use in high-threat, high-density urban areas;

$150,000,000 shall be for port security grants, which shall be distributed based on risks and vulnerabilities:

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.

 That funding may only be made available to those projects recommended by the Coast Guard Captain of the Port;

$5,000,000 shall be for trucking industry security grants

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

$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

$50,000,000 shall be for buffer zone protection grants:

$50,000,000 shall be available for the Commercial Equipment Direct Assistance Program.

$366,300,000 for training, exercises, technical assistance, and other programs:

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,

Grantees shall provide additional reports on their use of funds, as determined necessary by the Secretary of Homeland Security:

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.),

$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)

$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.

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Earthquake Hazards Reductions Act of 1977 and Reorganization Plan No. 3 of 1978 $180,000,000: 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, $10,000,000, to remain available until expended:

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), $2,306,000.

PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY

For necessary expenses for preparedness, mitigation, response, and recovery activities of the Directorate of Emergency Preparedness and Response, $249,499,000,

ADMINISTRATIVE AND REGIONAL OPERATIONS

For necessary expenses for administrative and regional operations of the Directorate of Emergency Preparedness and Response, $225,441,000

 $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 $2,023,900,000 (reduced by $23,900,000), to remain available until expended.

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program, as authorized by section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), $567,000: Provided, That gross obligations for the principal amount of direct loans shall not exceed $25,000,000:

FLOOD MAP MODERNIZATION FUND

$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 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 not to exceed $36,496,000 for salaries and expenses associated with flood mitigation and flood insurance operations;

$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;

$10,000,000 for mitigation actions under section 1323 of such Act;

$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  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.

NATIONAL FLOOD MITIGATION FUND

$40,000,000, to remain available until September 30, 2007, for activities designed to reduce the risk of flood damage to structures pursuant to such Act, of which $40,000,000 shall be derived from the National Flood Insurance Fund.

NATIONAL PRE-DISASTER MITIGATION FUND

$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.

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

$153,000,000, to remain available until expended:

 Provided, That total administrative costs shall not exceed 3.5 percent of the total appropriation.

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TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES

Citizenship and Immigration Services

For necessary expenses for citizenship and immigration services, $120,000,000:

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

$194,000,000,

$36,174,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30, 2007

$12,000 shall be for official reception and representation expenses: Provided,

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, $64,743,000, to remain available until expended:

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, $198,200,000:.

ASSESSMENTS AND EVALUATIONS

For necessary expenses for information analysis and infrastructure protection $663,240,000, 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, $81,399,000

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.), $1,258,597,000, to remain available until expended:

$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:

 $10,000,000 shall be used to enhance activities toward implementation of section 313 of the Homeland Security Act of 2002

CRITICAL INFRASTRUCTURE IDENTIFICATION AND EVALUATION

Of the funds recommended for Assessments and Evaluations, the Committee provides $77,173,000 for Critical Infrastructure Identification and Evaluation (CIIE), $5,000,000 above the President's request and $688,000 below the amounts provided in fiscal year 2005. The mission of CIIE is to carry out comprehensive vulnerability assessments of critical infrastructure and key assets by identifying and analyzing assets and their vulnerabilities, developing protective methodologies and guidelines, and supporting special events. To accomplish these objectives, CIIE provides Protective Security Advisors to 60 urban areas to act as a local community liaison, verify assets submitted for inclusion to the National Asset Database (NADB), validate implementation of protective measures, convey threat advisories and specific warning information, and provide and coordinate critical infrastructure training; deploys Field Security Detachments to conduct site assistance visits and assist local law enforcement agencies in developing and implementing Buffer Zone Protection Plans; collates and catalogs common vulnerabilities and potential indicators of terrorist activities collected from site assistance visits; deploys Protective Security Task Forces during times of heightened alert to provide specialized security augmentation to designated high value, critical infrastructure targets and events; and maintains the NADB, which catalogues critical infrastructure nationwide.

COMPREHENSIVE REVIEW

The Committee commends IAIP for its initial work on the Comprehensive Review of commercial nuclear reactors and associated spent fuel storage facilities. This review process is designed to take a holistic approach to looking at individual commercial nuclear power plant security, general vulnerabilities, consequences of an attack, and associated local, State, and Federal preparedness and security plans. The review will include representatives from the Nuclear Regulatory Commission, U.S. Coast Guard, Federal Aviation Administration, the Emergency Preparedness and Response Directorate, the Federal Bureau of Investigation, and local first responders and key officials. Comprehensive reviews will eventually be conducted across the Nation's 17 critical infrastructure and key resource sectors, with the goal of reducing the Nation's vulnerability to terrorism. The Committee recommends an additional $5,000,000 for IAIP to begin the expansion of the Comprehensive Review process beyond commercial nuclear power plants to other high value sectors, such as chemical and liquefied natural gas. The Committee directs IAIP to provide a report (classified if necessary) on the progress of the Comprehensive Review no later than January 16, 2006, including progress to date, a summary of the findings, action plans for addressing vulnerabilities (especially spent nuclear fuel storage), and a plan for expansion to other high value sectors.

PROTECTIVE SECURITY FIELD OPERATIONS

The Committee is encouraged by the ongoing training and deployment of Protective Security Advisors (PSAs) and Field Security Detachments (FSDs). These individuals and teams are essential for carrying out the Department's nationwide critical infrastructure protection efforts. The Committee therefore directs the continuation of the quarterly report summarizing the status of the implementation of the PSA and FSD programs, including the number and locations of field personnel, the number of site assistance visits, buffer zone protection plans, and site verification and assistance visits that have been completed. These reports should be provided no later than 30 days after the end of each quarter.

CHEMICAL SITE SECURITY

The Committee understands that IAIP has identified almost 300 chemical manufacturing facilities that could impact over 50,000 people if attacked, and over 3,000 manufacturing facilities that could impact over 1,000 people. The Committee believes that, as the lead Federal agency responsible for chemical security, the Department must renew its focus to develop a comprehensive national chemical security strategy and complete vulnerability assessments at all chemical facilities of highest concern. Therefore, the Committee directs IAIP to complete such vulnerability assessments by December 2006 either by conducting such assessments themselves or reviewing assessments already completed; to establish a national chemical security strategy; and to work with chemical facilities to ensure best practices, common characteristics and vulnerabilities, and lessons learned are shared throughout the sector.

INFRASTRUCTURE MAPPING

The Committee is aware of local and regional efforts to map specific sectors of critical infrastructure, such as gas and oil pipelines. Such products will assist first responders and repair workers in identifying vulnerabilities and associated risks and will aide their ability to quickly respond to incidents. The Committee is aware that the Department of Transportation is responsible for the safety and mapping of all interstate transmission lines and encourages IAIP to collaborate and assist as appropriate.

PROTECTIVE ACTIONS

Of the funds recommended for Assessments and Evaluations, the Committee provides $91,399,000 for Protective Actions, the same as the President's request and $100,248,000 below the amounts provided in fiscal year 2005. The Protective Actions program works with Federal, State, local, and private sector organizations to implement protection strategies, such as the buffer zone protection plans to protect infrastructure and assets from attack. This program provides training to State Homeland Security Advisors and their State and local law enforcement personnel on how to protect their own critical infrastructure sites in a more effective and consistent manner.

The Committee supports the work of IAIP with the Protective Security Analysis Center to provide a more accurate, comprehensive, and real-time common operating picture. The Committee encourages IAIP to continue this effort to enable the targeted deployment of improved protective actions.

BUFFER ZONE PROTECTION PLAN

The Committee recommends that grant funding for the Buffer Zone Protection Program be transferred to the Office for Domestic Preparedness, as proposed in the President's request. The Committee directs IAIP to continue to work with ODP to identify critical infrastructure, assess vulnerabilities at those sites, and direct funding to gaps in those vulnerabilities.

AGRICULTURE VULNERABILITY ASSESSMENTS

The Committee encourages the Department to coordinate with the Department of Agriculture and private industry in expanding agriculture producer vulnerability assessments, and to support development of certified and on-farm security assessment protocols tailored to the various livestock sectors and production systems.

BIOSURVEILLANCE

Of the funds recommended for Assessments and Evaluations, the Committee provides $10,147,000 for Biosurveillance, $1,000,000 below the President's request and $853,000 below the amounts provided in fiscal year 2005. Biosurveillance is an interdepartmental program designed to improve the Federal government's capability to rapidly identify and characterize a potential bioterrorist attack. The IAIP mission in this program is to integrate real-time biosurveillance data with relevant threat information into a comprehensive system that provides a real-time operating picture. The Committee is concerned that IAIP has not provided the classified report requested in House Report 108-541. This report would have provided the scope, cost, schedule and key milestones for IAIP's portion of the Biosurveillance initiative. The Committee recommends a $1,000,000 reduction to the Biosurveillance program for lack of responsiveness to Congressional direction.

CYBER SECURITY

Of the funds recommended for Assessments and Evaluations, the Committee provides $73,349,000 for Cyber Security, the same as the budget request and $5,969,000 above the amounts provided in fiscal year 2005. Cyber Security functions as the Federal government coordination point, bridging public and private institutions, to advance computer security preparedness and the response to cyber attacks and incidents through the Computer Emergency Readiness Team. Additionally, the Cyber Security program studies the interconnection of cyber assets to identify critical points in our Nation's cyber infrastructure that could be exploited by malicious persons. The Committee supports cyber programs that enhance the Department's Cyber Security program's ability to build capacity for Federal, State, and local operational end-users.

NATIONAL SECURITY/EMERGENCY PREPAREDNESS TELECOMMUNICATIONS

Of the funds recommended for Assessments and Evaluations, the Committee provides $142,632,000 for the National Security/Emergency Preparedness Telecommunications program, the same as the budget request and $1,877,000 below the amounts provided in fiscal year 2005. This program supports mission-critical national security and emergency preparedness communications for the Federal, State, local, and tribal governments, and private industry.

WIRELESS PRIORITY SERVICE

The Committee recognizes that Wireless Priority Service (WPS) provides a critical communications link between National Security/Emergency Preparedness personnel and key government officials in the event of a national crisis. The Committee, therefore, encourages the Department to take into consideration whether an entity is a WPS provider in the awarding of federal wireless telecommunications contracts.

HOMELAND SECURITY OPERATIONS CENTER

Of the funds recommended for Assessments and Evaluations, the Committee provides $56,108,000 for the Homeland Security Operations Center (HSOC), $5,000,000 below the President's request and $21,108,000 above the amounts provided in fiscal year 2005. The HSOC serves as the primary national level hub for operational communications, information sharing and situational awareness for all information pertaining to domestic incident management. It accomplishes this mission by receiving and integrating threat information with a detailed mapping of the Nation's critical infrastructure to provide an accurate and timely common operating picture, and enabling information sharing and collaboration among Federal, State, tribal, local, and private sector entities through the Homeland Security Information Network. The Committee is concerned that IAIP has not provided the 5-year HSOC implementation plan requested in House Report 108-541, yet is being asked to provide more than $26,000,000 above fiscal year 2005. Without the implementation plan, the Committee cannot determine if the requested increase in funding is the most efficient use of the limited resources available. Therefore, the Committee recommends a $5,000,000 reduction to the HSOC for lack of responsiveness to Congressional direction.

BIOLOGICAL COUNTERMEASURES

The Biological Countermeasures program develops and implements an integrated systems approach to reducing the probability and potential consequences of a biological attack on this nation's civilian population, infrastructure, or agricultural system. The Committee recommends $360,000,000, a decrease of $2,300,000 from the budget request. This reduction reflects the movement of some of the program's rapid prototyping funds back to the core rapid prototyping program.

PLUM ISLAND

The Committee recognizes that the Department of Homeland Security's Plum Island facility will need to be replaced in the near future and that other potential locations need to be explored. The bill provides $23,000,000 for such an effort and authorizes the Department to explore alternative locations. It is the expectation of the Committee that the Department will assess a number of locations for suitability for handling animal pathogens and perform all environmental and health analysis necessary to make a determination that the site can be made suitable for safe handling of these pathogens. Money is provided for planning, design and other pre-construction activities.

VETERINARY VACCINES

The Committee continues to be aware of various federal task force recommendations related to the need for development and stockpiling of improved veterinary vaccines. Specifically, there is a pronounced and recognized need for vaccines to mitigate the threats posed by high priority disease agents to public health, U.S. livestock, and the economy. The Committee is disappointed with the progress the Department has made on this important initiative and continues to encourage it to develop a vaccine defense regimen that incorporates advanced research done in the field. The Committee encourages S&T to review existing and innovative technologies that prove safe and effective, such as pharmaceutical proteins in plants.

CHEMICAL COUNTERMEASURES

This portfolio focuses on characterizing and reducing the vulnerability posed by toxic industrial materials in use, storage or transport within the nation as well as providing countermeasures to emerging chemical threats. The Committee recommends $90,000,000 for Chemical Countermeasures, $12,000,000 less than the budget request and $37,000,000 above the amounts provided fiscal year 2005. Much of this reduction reflects the movement of some of the program's rapid prototyping funds back to the core rapid prototyping program.

EXPLOSIVE COUNTERMEASURES

The Explosive Countermeasures program provides the science and technology needed to significantly increase the probability of interdicting an explosives attack on buildings, critical infrastructure, and this nation's civilian population. The Committee recommends $54,700,000 for Explosive Countermeasures, $40,000,000 above the budget request and $35,000,000 above the amounts provided in fiscal year 2005. Of the amount provided, the Committee recommends $40,000,000 for air cargo, of which $30,000,000 is for air cargo pilots and $10,000,000 is to continue air cargo research and development activities previously initiated by TSA.

AIR CARGO

Based on recommendations in S&T's system engineering study of civil aviation security, the Committee directs that $30,000,000 shall be used to conduct three cargo screening pilot programs--one at an all cargo airport and two at top ten passenger cargo airports. These pilots shall test different concepts of operation that S&T designs in coordination with TSA. Testing shall consist of the following: (1) physically screening a significant percentage (e.g., six times more than today) of cargo at a passenger airport using TSA screeners during slack passenger and checked baggage screening periods; (2) physically screening a significant percentage (e.g., six times more than today) of cargo at a passenger airport using TSA or private screeners solely dedicated to cargo screening; and (3) using canine teams supplemented as needed by technology, screening a similar percentage of cargo at an all cargo airport, specifically to detect explosives and hidden passengers. Based on results of each pilot, cost estimates (both non-recurring and recurring) shall be developed for these different operational concepts if deployed to the top five air cargo only airports and top 10 passenger airports. The Committee expects each of these pilots to be no shorter than nine months in duration and all pilots to be completed by January 31, 2007. The Committee directs S&T to provide a comprehensive report on each pilot, two months after each is completed, and interim reports of progress and results no later than August 31, 2006.

The remaining $10,000,000 shall be used to continue research and development efforts for new technologies that can be utilized to screen larger pieces of air cargo, including those that are odd sized, in pallets, banded, or shielded, for explosives, weapons or other security concerns. The Committee is deeply disappointed that, although Congress directed TSA to aggressively research and develop technologies that could screen air cargo carried on passenger aircraft at the earliest date possible, TSA was slow to begin these efforts. While the Administration awarded grants in 2004 to screen consolidated air cargo, the results were not anticipated for two years, or until 2006. In early 2005, TSA began researching and evaluating commercial off-the-shelf security systems in the three primary air cargo areas: break bulk (initiated January 2005), palletized and/or containerized (to be initiated in May 2005) and mail (to be initiated in August 2005). Results from this work are not anticipated until late 2006 or 2007. Realizing that no single technology will provide the ultimate solution for inspection of air cargo, the Committee directs S&T to aggressively pursue processes and continue research to identify technologies, such as dual energy transmission x-ray, passive millimeter wave, computed tomography, quadrupole resonance, and amplifying fluorescent polymer that may provide tailored security `solutions' at aviation facilities (depending on, for instance, site requirements, cargo commodity `mix', cargo volume). The Committee directs S&T to move more expeditiously than TSA has done in the past.

NUCLEAR AND RADIOLOGICAL COUNTERMEASURES

The Nuclear and Radiological Countermeasures program has focused on providing appropriate and effective detection and interdiction technologies to prohibit the importation or transportation and subsequent detonation of nuclear or radiological device in the United States; however, its function is now less clear as the same role has been taken by the Administration's creation of the Domestic Nuclear Detection Office that will report directly to the Secretary. The Committee recommends $19,086,000 for Nuclear and Radiological Countermeasures, the same as the budget request and $103,528,000 below the amounts provided in fiscal year 2005.

DOMESTIC NUCLEAR DETECTION OFFICE

While requested under this heading, the Domestic Nuclear Detection Office has been made a freestanding office reporting directly to the Secretary. The Committee recognizes the gravity of terrorists acquiring and using a nuclear device and commends the Department on its efforts to work with other Departments to prevent such an event. The Committee believes that DHS still needs to clarify its role in regard to other federal agencies, such as the Department of Defense and the Department of Energy, that have similar and more mature programs. The Committee looks forward to working with DHS as it moves forward to establishing this new office. The Committee recommends $127,314,000 for this new office, $100,000,000 less than the budget request and $127,314,000 above the amounts provided in fiscal year 2005. In addition, because of the delay in obligating $4,000,000 provided in fiscal year 2004 for nuclear detection and monitoring capabilities through TSA, the Committee has directed TSA to transfer these funds to the newly established Domestic Nuclear Detection Office within DHS. These funds shall be used to initiate pilot programs for detecting nuclear materials at truck weigh stations in the United States.

CONVENTIONAL MISSIONS IN SUPPORT OF THE DEPARTMENT

The Committee recommends $80,000,000 for Conventional Missions in support of the Department, $13,650,000 below the budget request and $25,350,000 above the amounts provided in fiscal year 2005. Of this reduction, $5,000,000 reflects the movement of some of the program's rapid prototyping funds back to the core rapid prototyping program.

CONTAINER SECURITY

The Committee is aware that Science and Technology, in cooperation with Transportation Security Administration and Bureau of Customs and Border Protection, has a number of initiatives underway concerning the security of containers, including the detection of materials within the container and the security of the container itself. S&T is looking to assure the integrity of conveyance loading and documentation; significantly reduce the risk of undetected tampering in transit; and provide accurate, complete, timely and protected shipment information while enhancing supply chain efficiency. These initiatives are underway through the solicitation of technologies through a small business innovative research effort and a broad agency announcement. The Committee continues to support this important effort and urges S&T to accelerate its efforts where possible and to report to the Committee by January 16, 2006 on its progress to date.

TUNNELS

The Committee notes with concern the recent discoveries of large tunnels under the U.S. border and encourages S&T to work with BTS to assess, and if needed, develop new technologies to locate tunnels.

THREAT AND VULNERABILITY, TESTING AND ASSESSMENT

The Threat and Vulnerability, Testing and Assessment program creates advanced modeling, information and analysis capabilities that are used to enhance the Science and Technology's ability to evaluate extensive amounts of data and information from diverse sources. The Committee recommends $47,000,000 for Threat and Vulnerability, Testing and Assessment, the same as the budget request and $25,350,000 below the amounts provided in fiscal year 2005.

EMERGING THREATS

The Emerging Threats portfolio aims to anticipate, detect and deter new threats that terrorists may pose using novel tactics. The Committee recommends $10,500,000, for Emerging Threats, the same as the budget estimate and $250,000 below the amounts provided in fiscal year 2005.

STANDARDS PROGRAM

The Standards Program develops standards for homeland security related equipment and systems in collaboration with operational end-users. The Committee recommends $35,500,000 for the Standards program, the same as the budget request and $4,200,000 below the amounts provided in fiscal year 2005.

BLAST-RESISTANT RECEPTACLES

The Committee notes with concern that no standards for blast-resistant receptacles have been established and strongly believes standards, which reflect the best available technology for explosion containment, should be established expeditiously to protect the traveling public. The Committee directs Science and Technology to develop standards and testing protocols for measuring performance of blast-resistant products, and initiate testing of both installed and new products. The Committee further directs Science and Technology to report back on the status of this effort no later than January 16, 2006.

UNIVERSITY PROGRAMS/FELLOWSHIP PROGRAMS

The Committee notes that the University and Fellowship Programs will have at least $45,000,000 in unobligated resources at the end of fiscal year 2005. The Committee recommends $63,600,000 in new budgetary authority, the same as the budget request, for a total of $108,600,000 available for these programs in fiscal year 2006. The Committee urges S&T to continue to expand its Centers of Excellence. Through the Homeland Security Centers of Excellence (HS-Centers) Science and Technology is encouraging universities to become centers of multi-disciplinary research. The future of homeland security science is being advanced through both its Centers of Excellence and by the development of the next generation of scientists through its Scholars and Fellows Program. There continues to be intense interest from universities with proposals to perform homeland security activities. This additional funding will allow Science and Technology to evaluate and support additional university proposals in fiscal year 2006.

CYBER SECURITY

The Cyber Security program focuses on several areas: improving the security of process control systems, next generation cyber security technology; and economic assessment and modeling to recommend cyber security investments. The Committee recommends $16,700,000 for the Cyber Security program, the same as the budget request and $1,300,000 below the amounts provided in fiscal year 2005.

CRITICAL INFRASTRUCTURE PROTECTION

The Critical Infrastructure Protection program conducts vulnerability, consequence and risk analysis to identify the best approaches to protecting the nation's infrastructure, allowing priorities to be established based on a rational process and resources to be invested with the highest payoff of risk reduction and damage mitigation. The Committee recommends $35,800,000 for Critical Infrastructure Protection, $15,000,000 above the budget request, and $8,800,000 above the amounts provided in fiscal year 2005.

The Committee recommends $15,000,000 to support existing work in research and development and application of technology for community based critical infrastructure protection efforts.

The Committee is concerned that the Department lacks appropriate assessment tools to help prioritize security risks for critical infrastructure and urges S&T to examine well-established scientific analysis tools commonly used in engineering and design, including six sigma analysis.

RAPID PROTOTYPING PROGRAM

The Committee recommends $30,000,000 for Rapid Prototyping, $9,100,000 above the budget request and $46,000,000 below the amounts provided in fiscal year 2005. The Rapid Prototyping Program accesses the capabilities of private sector industry for rapid development and prototyping of technologies in support of the Department of Homeland Security's missions. The Committee has partially restored the Rapid Prototyping program and expects that prototyping activities will continue in other segments of the Directorate. The Committee believes that poor utilization of Rapid Prototyping is a factor in the growing frustration at the slow deployment of new technologies to the field. The Committee supports the President's budget request, at a minimum, for the newly formed Public Safety and Security Institute for Technology (PSITEC) that acts as a centralized technology clearinghouse for federal, state and local governments, and perhaps a critical component of implementing Section 313 of the Homeland Security Act.

COUNTER-MANPADS

The Counter-MANPADS program is focused on identifying, developing, and testing a cost-effective capability to protect the nation's commercial aircraft against the threat of man-portable air defense systems (MANPADS), commonly called anti-aircraft missiles. The Committee recommends $110,000,000 for the Counter-MANPADS program the same as the budget request, and $49,000,000 above the amounts provided in fiscal year 2005.

In prior fiscal years, Science and Technology has, appropriately, worked toward transitioning relatively mature, military counter-MANPADS technologies to civilian use. It has been the expectation that fielding an existing technology would require less time, would be more reliable, and would cost less than a wholly new system. While the Directorate's evaluation of the current systems is not complete, preliminary results are not entirely encouraging. The Committee is concerned that the resulting technologies will not be sufficiently able to meet the challenges of commercial application at a cost that is economically feasible. The Committee is also aware of emerging technologies that may be simpler and more cost effective, but are far from fully developed.

The Counter-MANDPADS program is fully funded at the President's request and the Directorate should continue its efforts to mature existing technologies to reduce their cost and maintenance needs. However, given the seriousness of the threat and the distinct possibility that the current technologies will not be made reliable enough for use, the Committee directs that not less than $10,000,000 be used to evaluate emerging technologies that could work better, could be more cost effective, and easier to deploy and maintain.

To Section Head

TITLE V--GENERAL PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

Sec. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act: Provided, That balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.

Sec. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2006, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either 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.

(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.

(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.

(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.

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. 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.

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.

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.

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.

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.

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.).

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.

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.

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.

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.

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.

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.

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.

(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 any previous appropriations Act 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 appropriations Act may be utilized for a database that is obtained from or remains under the control of a non-Federal entity.

SEC. 519. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448).

SEC. 520. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A-76 for services provided as of June 1, 2004, by employees (including employees serving on a temporary or term basis) of Citizenship and Immigration Services of the Department of Homeland Security who are known as of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants.

SEC. 521. None of the funds 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.

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.

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.

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.

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.

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.

(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.

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.

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.

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.

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.

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.

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.

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.

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.

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'.

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.

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.

This Act may be cited as the `Department of Homeland Security Appropriations Act, 2006'.

Passed the House of Representatives May 17, 2005.

To Top

OPPOSITION VIEWS

ADDITIONAL VIEWS OF DAVID OBEY AND MARTIN OLAV SABO

Four and a half years after September 11th, Americans should have tangible proof that our nation is safer; that for the billions of dollars spent, we are well prepared against terrorist attack. We must honestly ask ourselves: What progress have we made? What critical gaps still exist? What actions should we be taking to close those gaps?

Public concern over a lack of progress on these critical questions led to the creation of the Department of Homeland Security more than two years ago. Yet, since then, the Department has been fractured and bureaucratic--far more focused on internal organization than in achieving results in some of our greatest security vulnerabilities. We can afford that no longer.

The difficult task of our nation's homeland defense requires vision and leadership and planning and pragmatism. We believe these qualities are more lacking today than money, but responsibility does not rest at the feet of the Administration alone. Time and again, the Congress has enacted new requirements without providing the appropriate funding or oversight to ensure that their implementation is a success.

In these views we will lay out some of the homeland security gaps that continue to exist and some of the actions that our nation has taken since September 11th. The 2006 appropriations bill incrementally addresses some of these gaps. It does not, however, provide for the full-scale solution that is needed. Nor does it provide the resources required for the Department of Homeland Security to meet specific goals contained in numerous pieces of legislation passed by the Congress and signed into law by the President.

BORDER SECURITY

It should be obvious to every American that to improve border security, we need more border agents and surveillance equipment. In legislation enacted by wide voting margins, Congress has repeatedly called for border security to be improved. The Patriot Act of 2001, called for the tripling of border agents and customs and immigration inspectors on our northern border. The Intelligence Reform Act, enacted in December 2004, called for 2,000 additional border agents, 800 additional immigration investigators, and 8,000 additional detention beds per year 2006 through 2010.

The fact is that since September 11th, only 965 new border patrol agents have been hired. In four years, this is less than a 10% increase. Nine out of ten border patrol agents are assigned to guard the southern border.

To help meet the northern border hiring and equipment goals in the Patriot Act, Congress provided $308 million to beef up security on our northern border with more agents, inspectors and equipment. The Bush Administration requested only one-third of this funding, and had to be reminded by the Appropriations Committee to use the remaining $36 million in northern border funds in the most recently enacted supplemental.

This legislation, when combined with the recent supplemental, is the first opportunity the Congress has had to address the mandates of the Intelligence Reform Act. Unfortunately, only five months since enactment of that legislation, this bill falls far short of its border enforcement directives--by 500 border patrol agents (25% short), by 600 immigration investigators (75% short), and by 4,000 detention beds (50% short).

We note that the border increases included in this bill are substantially more than those requested by the President. The President requested only 362 new personnel and few additional detention beds. The President's budget did not request the resources necessary to back up his statement that Congress `took an important step in strengthening our immigration laws, by, among other items, increasing the number of border patrol agents and detention beds' in the Intelligence Reform Act.

However, when Congress passes legislation dictating new homeland security mandates, and then does not follow up to provide the resources to fully meet them, we should expect questions about our credibility. Some might call this hypocrisy.

We would also like to point out that there are some important border and port programs that are not funded adequately in the President's budget or in this legislation. One is the radiation portal monitor program. The Department's plan would result in these monitors, which screen for nuclear material and weapons of mass destruction, to be installed in all ports by 2009. Their sole reason for taking so long to implement this critical equipment is a lack of resources. We believe it is a misguided decision.

LOCAL POLICE, FIRE AND EMERGENCY RESPONDER PREPAREDNESS

Increased funding to improve the ability of our local police, firefighters and emergency personnel to respond to terrorist acts or disasters has been called for numerous times. A 2003 Council of Foreign Relations report found that responders were `Drastically Underfunded, Dangerously Unprepared,' and that `America will fall approximately $98 billion short of meeting critical emergency responder needs over the next five years if current funding levels are maintained.'

In 2003, funding for state homeland security grants (not including fire grants or port grants which were funded elsewhere in 2003) and emergency management performance grants totaled $3.3 billion. This legislation includes only $2.4 billion for these same programs in 2006, a reduction of 27%.

A recent report by the `Task Force on A Unified Security Budget for the United States, 2006' found that funding reductions for preparedness and response programs `translate into dangerous vulnerabilities, given the scope and character of the terrorist threat.'

The Administration and those in charge of the Congress are willing to wait too long for these preparedness vulnerabilities to be addressed. They argue that less than 30 percent of the funding provided to date to states and localities to improve preparedness has been spent and that additional funding cannot be absorbed. It is true that due to Department of Homeland Security staff shortfalls and equipment backlogs, funding is not being spent quickly. However, we believe that the Department should address these issues, rather than use them as an excuse to cut funding. In addition, funding can only be spent when it is made available.

Fire grants are probably the most successful grant program in the Department of Homeland Security. Local fire departments submit grants requests, which are independently evaluated. The needs of our fire departments are great. The number of firefighters has dropped by 32,000 during the past two decades. Only 13% of fire departments are prepared to respond to a hazardous material incident. An estimated 57,000 firefighters lack personal protective clothing for a chemical or biological attack. One-third of all firefighters per shift are not equipped with self-contained breathing apparatus. The fire grant program helps local fire departments deal with these and other problems.

Yet, the Administration's response to these firefighting needs is to cut funding more deeply. The Bush budget would reduce funding for this program by $215 million, or 30%. This bill makes up roughly half of the President's proposed reductions. We believe that this program should be fully funded at last year's level of $715 million.

CRITICAL INFRASTRUCTURE PROTECTION

The Administration's approach to protecting critical infrastructure, such as ports, transit and railroad facilities, and chemical plants continues to frustrate us. Critical infrastructure is not evaluated objectively or with consistent expertise. A cynical person might wonder whether federal support for infrastructure protection is directly related to the amount of influence the particular industry or entity has with the White House.

With great fanfare, the President signed legislation requiring ports to assess their vulnerabilities and develop security plans. The requirements in this legislation were good first steps to minimize port vulnerabilities. The Coast Guard estimated in 2002 that $7 billion in infrastructure improvements and operating costs would be needed to improve port security. Congress has provided $737 million to improve port security since 2001. In that time, the Administration requested only $46 million, or six percent of this funding. No separate funding for port security was requested in the President's 2006 budget. We are pleased that $150 million for port security is contained in this legislation.

Despite terrorist attacks on transit systems in Japan and Spain, less than $550 million has been provided to improve rail and transit security since September 11th. The transit industry estimates that $6 billion is needed for security training, radio communications systems, security cameras, and limiting access to sensitive facilities. Again, the President's 2006 budget requested no separate funding for transit security. We are pleased that $150 million is contained in this legislation to improve transit security.

Last year the Department said that more transit security funds were not needed until the problem is better defined. How long must the American public wait for the Department to define the problem? The Department's main accomplishment in rail and transit security is a directive to transit operators and railroads to continue their current security practices.

The Department of Homeland Security is the lead federal agency on chemical facility security. Yet, to our great frustration, the Department has set no deadlines to assess security vulnerabilities and implement security measures in these facilities.

The Government Accountability Office recommended in 2003 that the Administration develop a comprehensive national chemical security strategy. We still do not have one. The American taxpayer is paying for DHS staff and contractors to assess the vulnerabilities of the highest risk chemical facilities. We question why these private, profit-making companies cannot do their own assessments. In fact, many of them do have risk and vulnerability assessments because it makes good business sense, but they have not shared this information with the Department. While this legislation directs the Department to establish a national chemical security strategy, we remain concerned that the chemical sector is not getting the attention it deserves from this Administration and therefore, the American public remains subject to unnecessary risk.

AVIATION SECURITY

We are disappointed that the Administration continues to leave aviation security vulnerabilities unaddressed. The recent evacuation of the Capitol and the White House indicates that gaps remain in our aviation security system, despite having spent over $22 billion since September 11th on aviation security. The perimeters of passenger airports are not fully secured; it is not known how many of the general aviation security improvements suggested by TSA have been implemented; and most of air cargo is still not screened.

The cargo carried on passenger aircraft is not inspected like either the passengers or their baggage. Last October, Congress directed TSA to increase threefold the percentage of cargo carried on passenger aircraft that is screened. It is now seven months after this legislative requirement and TSA still has not acted to implement the law. We fully support provisions of this legislation that impose penalties to the TSA Administrator if this requirement is not implemented before the end of this fiscal year. We are also pleased that this legislation requires TSA to utilize downtime in their checked baggage screening operations to screen air cargo. Last, we are encouraged by the $30 million included for three air cargo-screening pilot projects, two at passenger airports and one at an all cargo airport.

The Administration is willing to give short shrift to the 9/11 Commission recommendations to screen all passengers and carry-on bags for explosives and to speed up the installation of in-line explosive detection systems. The Administration's 2006 budget does not fund any additional in-line screening systems beyond the current eight approved airports. This legislation includes $101 million more for explosive detection system purchase and installation. This legislation also includes a provision mandating that recovered or deobligated TSA funds be used solely for additional explosive detection improvements.

Finally, we continue to be concerned that the air marshal program is not given a high enough funding priority by this Administration. The number of air marshals has decreased, and they still cannot communicate independently while they are in the air.

REAL ID

In the most recent supplemental legislation to fund the war in Iraq, which was signed into law by the President on May 11th, the majority saw fit to include the REAL ID Act, which among other things requires states, if their driver's licenses are to be accepted as identification to board aircraft, to: retain paper or digital copies of source documents (such as birth certificates); verify source documents; capture digital images; subject their personnel to security clearances; and develop electronic access to all states motor vehicle databases. The Congressional Budget Office estimates the costs of these requirements to be $100 million.

A Democratic amendment was offered in Committee to provide $100 million to pay for the requirements of the newly created REAL ID grant program, which was defeated on a party line vote. We lament that this vote is further proof of the uncanny ability of the majority party to say one thing and do another.

CONCLUSION

Despite its rhetoric, the White House has not given homeland security the top priority it deserves. This failure is reflected in the Department of Homeland Security budget request. It is also reflected in the fact that in its two short years, the Department has had two Secretaries and three Deputy Secretaries. Today, six high level political positions, 42% of the total, are vacant or staffed by people who have already announced their departures. Homeland security leadership is woefully lacking today, and critical decisions have been pushed off until the new political appointees are in place.

This legislation is much improved over the budget request of the Bush Administration in many respects, including border enforcement, port security, transit security, and aviation security. But, due to the nation's fiscal mess exacerbated by the costs of war and tax cuts to millionaires, critical homeland security vulnerabilities will continue to go unaddressed. We sincerely hope that the people of our great country will not suffer for it.
David Obey.
Martin Olav Sabo.

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