II 

Calendar No. 503 

109TH CONGRESS 

2D SESSION H.R. 5441 

[Report No. 109–273] 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2006 

Received; read twice and referred to the Committee on Appropriations 

JUNE 29, 2006 

Reported by Mr. GREGG, with an amendment 

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

AN ACT 

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2007, for the Depart6 ment of Homeland Security and for other purposes, name7 ly: 
2 

HR 5441 RS 

1 TITLE I—DEPARTMENTAL MANAGEMENT AND 

2 OPERATIONS 

3 OFFICE OF THE SECRETARY AND EXECUTIVE

4 MANAGEMENT

5 For necessary expenses of the Office of the Secretary 

6 of Homeland Security, as authorized by section 102 of the 

7 Homeland Security Act of 2002 (6 U.S.C. 112), and exec8 utive management of the Department of Homeland Secu9 rity, as authorized by law, $95,884,000 (reduced by 

10 $3,000,000) (reduced by $5,000,000): Provided, That not 

11 to exceed $40,000 shall be for official reception and rep12 resentation expenses: Provided further, That of the funds 

13 provided under this heading, $10,000,000 shall not be 

14 available for obligation until the Secretary of Homeland 

15 Security submits a comprehensive port, container, and 

16 cargo security strategic plan to the Committee on Appro17 priations and Committee on Homeland Security of the 

18 House of Representatives that requires screening all in19 bound cargo, doubles the percentage of inbound cargo cur20 rently inspected, sets minimum standards for securing in21 bound cargo, and includes the fiscal year 2007 perform22 ance requirements for port, container, and cargo security 

23 as specified in the report accompanying this Act: Provided 

24 further, That the Secretary is directed to submit the Se25 cure Border Initiative multi-year strategic plan to the 
3 

HR 5441 RS 

1 Committee on Appropriations and the Committee on 

2 Homeland Security of the House of Representatives no 

3 later than November 1, 2006 that includes: a comprehen4 sive mission statement; an identification of long-term 

5 goals; an explanation of how long-term goals will be 

6 achieved; schedule and resource requirements for goal 

7 achievement; an identification of annual performance 

8 goals and how they link to long-term goals; an identifica9 tion of annual performance measures used to gauge effec10 tiveness towards goal achievement by goal; and an identi11 fication of major capital assets critical to program success. 

12 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

13 For necessary expenses of the Office of the Under 

14 Secretary for Management, as authorized by sections 701 

15 through 705 of the Homeland Security Act of 2002 (6 

16 U.S.C. 341–345), $159,489,000 (reduced by 

17 $15,000,000) (reduced by $50,000,000) (reduced by 

18 $24,000,000): Provided, That not to exceed $3,000 shall 

19 be for official reception and representation expenses: Pro20 vided further, That of the total amount provided, 

21 $8,206,000 shall remain available until expended solely for 

22 the alteration and improvement of facilities, tenant im23 provements, and relocation costs to consolidate Depart24 ment headquarters operations. 
4 

HR 5441 RS 

1 OFFICE OF THE CHIEF FINANCIAL OFFICER

2 For necessary expenses of the Office of the Chief Fi3 nancial Officer, as authorized by section 103 of the Home4 land Security Act of 2002 (6 U.S.C. 113), $43,480,000, 

of which $18,000,000 is for the eMerge 5 2 Program: Pro6 vided, That $10,000,000 shall be withheld from obligation 

7 until the Office of the Chief Financial Officer submits 

8 monthly budget execution reports to the Committees on 

9 Appropriations of the Senate and the House of Represent10 atives as required by section 529 of this Act. 

11 OFFICE OF THE CHIEF INFORMATION OFFICER

12 For necessary expenses of the Office of the Chief In13 formation Officer, as authorized by section 103 of the 

14 Homeland Security Act of 2002 (6 U.S.C. 113), and De15 partment-wide technology investments, $364,765,000; of 

16 which $79,521,000 shall be available for salaries and ex17 penses; and of which $285,244,000 shall be available for 

18 development and acquisition of information technology 

19 equipment, software, services, and related activities for the 

20 Department of Homeland Security, and for the costs of 

21 conversion to narrowband communications, including the 

22 cost for operation of the land mobile radio legacy systems, 

23 to remain available until expended: Provided, That none 

24 of the funds appropriated shall be used to support or sup25 plement the appropriations provided for the United States 
5 

HR 5441 RS 

1 Visitor and Immigrant Status Indicator Technology 

2 project or the Automated Commercial Environment. 

3 ANALYSIS AND OPERATIONS

4 For necessary expenses for information analysis and 

5 operations coordination activities, as authorized by title II 

6 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

7 seq.), $298,663,000, to remain available until September 

8 30, 2008, of which not to exceed $5,000 shall be for offi9 cial reception and representation expenses. 

10 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

11 COAST REBUILDING

12 For necessary expenses of the Office of the Federal 

13 Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro14 vided, That $1,000,000 shall not be available for obliga15 tion until the Federal Coordinator submits to the Com16 mittee on Appropriations of the House of Representatives 

17 a report related to Federal rebuilding efforts. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978 (5 U.S.C. App.), $96,185,000, of 

22 which not to exceed $100,000 may be used for certain con23 fidential operational expenses, including the payment of 

24 informants, to be expended at the direction of the Inspec25 tor General. 
6 

HR 5441 RS 

1 TITLE II—SECURITY, ENFORCEMENT, AND 

2 INVESTIGATIONS 

3 UNITED STATES VISITOR AND IMMIGRANT STATUS

4 INDICATOR TECHNOLOGY

5 For necessary expenses for the development of the 

6 United States Visitor and Immigrant Status Indicator 

7 Technology project, as authorized by section 110 of the 

8 Illegal Immigration Reform and Immigrant Responsibility 

9 Act of 1996 (8 U.S.C. 1365a), $362,494,000, to remain 

10 available until expended: Provided, That of the total 

11 amount made available under this heading, $312,494,000 

12 may not be obligated for the United States Visitor and 

13 Immigrant Status Indicator Technology project until the 

14 Committees on Appropriations of the Senate and the 

15 House of Representatives receive and approve a plan for 

16 expenditure prepared by the Secretary of Homeland Secu17 rity that— 

18 (1) meets the capital planning and investment 

19 control review requirements established by the Office 

20 of Management and Budget, including Circular A– 

21 11, part 7; 

22 (2) complies with the Department of Homeland 

23 Security information systems enterprise architecture; 
7 

HR 5441 RS 

1 (3) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition manage3 ment practices of the Federal Government; 

4 (4) includes a certification by the Chief Infor5 mation Officer of the Department of Homeland Se6 curity that an independent verification and valida7 tion agent is currently under contract for the 

8 project; 

9 (5) is reviewed and approved by the Depart10 ment of Homeland Security Investment Review 

11 Board, the Secretary of Homeland Security, and the 

12 Office of Management and Budget; and 

13 (6) is reviewed by the Government Account14 ability Office. 

15 CUSTOMS AND BORDER PROTECTION

16 SALARIES AND EXPENSES

17 For necessary expenses for enforcement of laws relat18 ing to border security, immigration, customs, and agricul19 tural inspections and regulatory activities related to plant 

20 and animal imports; purchase and lease of up to 4,500 

21 (3,500 for replacement only) police-type vehicles; and con22 tracting with individuals for personal services abroad; 

23 $5,435,310,000 (reduced by $2,000,000); of which 

24 $3,026,000 shall be derived from the Harbor Maintenance 

25 Trust Fund for administrative expenses related to the col-
8 

HR 5441 RS 

1 lection of the Harbor Maintenance Fee pursuant to section 

2 9505(c)(3) of the Internal Revenue Code of 1986 (26 

3 U.S.C. 9505(c)(3)) and notwithstanding section 

4 1511(e)(1) of the Homeland Security Act of 2002 (6 

5 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall 

6 be for official reception and representation expenses; of 

7 which not less than $162,976,000 shall be for Air and Ma8 rine Operations; of which such sums as become available 

9 in the Customs User Fee Account, except sums subject 

10 to section 13031(f)(3) of the Consolidated Omnibus Budg11 et Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall 

12 be derived from that account; of which not to exceed 

13 $150,000 shall be available for payment for rental space 

14 in connection with preclearance operations; and of which 

15 not to exceed $1,000,000 shall be for awards of compensa16 tion to informants, to be accounted for solely under the 

17 certificate of the Secretary of Homeland Security: Pro18 vided, That for fiscal year 2007, the overtime limitation 

19 prescribed in section 5(c)(1) of the Act of February 13, 

20 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not21 withstanding any other provision of law, none of the funds 

22 appropriated by this Act may be available to compensate 

23 any employee of the Bureau of Customs and Border Pro24 tection for overtime, from whatever source, in an amount 

25 that exceeds such limitation, except in individual cases de-
9 

HR 5441 RS 

1 termined by the Secretary of Homeland Security, or the 

2 designee of the Secretary, to be necessary for national se3 curity purposes, to prevent excessive costs, or in cases of 

4 immigration emergencies: Provided further, That no funds 

5 shall be available for the site acquisition, design, or con6 struction of any Border Patrol checkpoint in the Tucson 

7 sector: Provided further, That the Border Patrol shall relo8 cate its checkpoints in the Tucson sector at least once 

9 every seven days in a manner designed to prevent persons 

10 subject to inspection from predicting the location of any 

11 such checkpoint: Provided further, That of the total 

12 amount made available under this heading, $115,000,000 

13 shall be for the Secure Border Initiative Technology and 

14 Tactical Infrastructure (SBInet) program, project, and 

15 activity, to remain available until expended, of which 

16 $25,000,000 shall not be available for obligation until the 

17 Committees on Appropriations of the Senate and the 

18 House of Representatives receive and approve a plan for 

19 expenditure prepared by the Secretary of Homeland Secu20 rity that— 

21 (1) defines activities, milestones, and costs for 

22 implementing the program; 

23 (2) demonstrates how activities will further the 

24 goals and objectives of the SBI, as defined in the 

25 SBI multi-year strategic plan; 
10 

HR 5441 RS 

1 (3) identifies funding and the organizational 

2 staffing (including full-time employee equivalents, 

3 contractors, and detailees) requirements by activity; 

4 (4) reports on costs incurred, the activities com5 pleted, and the progress made by the program; 

6 (5) includes a certification by the Chief Pro7 curement Officer of the Department of Homeland 

8 Security that procedures to prevent conflicts of in9 terest between the prime integrator and major sub10 contractors are established and that an independent 

11 verification and validation agent is currently under 

12 contract for the project; 

13 (6) is reviewed and approved by the Depart14 ment of Homeland Security Investment Review 

15 Board, the Secretary of Homeland Security, and the 

16 Office of Management and Budget; 

17 (7) complies with the capital planning and in18 vestment control review requirements established by 

19 the Office of Management and Budget, including 

20 Circular A–11, part 7; 

21 (8) complies with all applicable acquisition 

22 rules, requirements, guidelines, and best systems ac23 quisition management practices of the Federal Gov24 ernment; and 
11 

HR 5441 RS 

1 (9) is reviewed by the Government Account2 ability Office. 

3 AUTOMATION MODERNIZATION

4 For expenses for customs and border protection auto5 mated systems, $451,440,000, to remain available until 

6 expended, of which not less than $316,800,000 shall be 

7 for the development of the Automated Commercial Envi8 ronment: Provided, That of the total amount made avail9 able under this heading, $216,800,000 may not be obli10 gated for the Automated Commercial Environment until 

11 the Committees on Appropriations of the Senate and the 

12 House of Representatives receive and approve a plan for 

13 expenditure prepared by the Secretary of Homeland Secu14 rity that— 

15 (1) meets the capital planning and investment 

16 control review requirements established by the Office 

17 of Management and Budget, including Circular A– 

18 11, part 7; 

19 (2) complies with the Department of Homeland 

20 Security information systems enterprise architecture; 

21 (3) complies with the acquisition rules, require22 ments, guidelines, and systems acquisition manage23 ment practices of the Federal Government; 

24 (4) includes a certification by the Chief Infor25 mation Officer of the Department of Homeland Se-
12 

HR 5441 RS 

1 curity that an independent verification and valida2 tion agent is currently under contract for the 

3 project; 

4 (5) is reviewed and approved by the Depart5 ment of Homeland Security Investment Review 

6 Board, the Secretary of Homeland Security, and the 

7 Office of Management and Budget; and 

8 (6) is reviewed by the Government Account9 ability Office. 

10 CBP AIR AND MARINE INTERDICTION, OPERATIONS, 

11 MAINTENANCE, AND PROCUREMENT

12 For necessary expenses for the operations, mainte13 nance, and procurement of marine vessels, aircraft, un14 manned aerial vehicles, and other related equipment of the 

15 air and marine program, including operational training 

16 and mission-related travel, and rental payments for facili17 ties occupied by the air or marine interdiction and demand 

18 reduction programs, the operations of which include the 

19 following: the interdiction of narcotics and other goods; 

20 the provision of support to Federal, State, and local agen21 cies in the enforcement or administration of laws enforced 

22 by the Department of Homeland Security; and at the dis23 cretion of the Secretary of Homeland Security, the provi24 sion of assistance to Federal, State, and local agencies in 

25 other law enforcement and emergency humanitarian ef-
13 

HR 5441 RS 

1 forts, $373,199,000, to remain available until expended: 

2 Provided, That no aircraft or other related equipment, 

3 with the exception of aircraft that are one of a kind and 

4 have been identified as excess to the Bureau of Customs 

5 and Border Protection requirements and aircraft that 

6 have been damaged beyond repair, shall be transferred to 

7 any other Federal agency, department, or office outside 

8 of the Department of Homeland Security during fiscal 

9 year 2007 without the prior approval of the Committees 

10 on Appropriations of the Senate and the House of Rep11 resentatives: Provided further, That of the total amount 

12 made available under this heading, $6,800,000 shall not 

13 be available for obligation until the Committee on Appro14 priations, the Committee on Transportation and Infra15 structure, and the Committee on Homeland Security of 

16 the House of Representatives receive a report on the April 

17 25, 2006, unmanned aerial vehicle mishap. 

18 CONSTRUCTION

19 For necessary expenses to plan, construct, renovate, 

20 equip, and maintain buildings and facilities necessary for 

21 the administration and enforcement of the laws relating 

22 to customs and immigration, $175,154,000, to remain 

23 available until expended. 
14 

HR 5441 RS 

1 IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigra4 tion and customs laws, detention and removals, and inves5 tigations; and purchase and lease of up to 2,740 (2,000 

6 for replacement only) police-type vehicles, $3,843,257,000 

7 (increased by $5,000,000) (increased by $2,000,000), of 

8 which not to exceed $7,500,000 shall be available until ex9 pended for conducting special operations pursuant to sec10 tion 3131 of the Customs Enforcement Act of 1986 (19 

11 U.S.C. 2081); of which not to exceed $15,000 shall be for 

12 official reception and representation expenses; of which 

13 not to exceed $1,000,000 shall be for awards of compensa14 tion to informants, to be accounted for solely under the 

15 certificate of the Secretary of Homeland Security; of which 

16 not less than $102,000 shall be for promotion of public 

17 awareness of the child pornography tipline; of which not 

18 less than $203,000 shall be for Project Alert; of which 

19 not less than $5,400,000 may be used to facilitate agree20 ments consistent with section 287(g) of the Immigration 

21 and Nationality Act (8 U.S.C. 1357(g)); and of which not 

22 to exceed $11,216,000 shall be available to fund or reim23 burse other Federal agencies for the costs associated with 

24 the care, maintenance, and repatriation of smuggled illegal 

25 aliens: Provided, That none of the funds made available 
15 

HR 5441 RS 

1 under this heading shall be available to compensate any 

2 employee for overtime in an annual amount in excess of 

3 $35,000, except that the Secretary of Homeland Security, 

4 or the designee of the Secretary, may waive that amount 

5 as necessary for national security purposes and in cases 

6 of immigration emergencies: Provided further, That of the 

7 total amount provided, $15,770,000 shall be for activities 

8 to enforce laws against forced child labor in fiscal year 

9 2007, of which not to exceed $6,000,000 shall remain 

10 available until expended. 

11 FEDERAL PROTECTIVE SERVICE

12 The revenues and collections of security fees credited 

13 to this account, not to exceed $516,011,000, shall be avail14 able until expended for necessary expenses related to the 

15 protection of federally-owned and leased buildings and for 

16 the operations of the Federal Protective Service. 

17 CONSTRUCTION

18 For necessary expenses to plan, construct, renovate, 

19 equip, and maintain buildings and facilities necessary for 

20 the administration and enforcement of the laws relating 

21 to customs and immigration, $26,281,000, to remain 

22 available until expended. 
16 

HR 5441 RS 

1 TRANSPORTATION SECURITY ADMINISTRATION

2 AVIATION SECURITY

3 For necessary expenses of the Transportation Secu4 rity Administration related to providing civil aviation secu5 rity services pursuant to the Aviation and Transportation 

6 Security Act (Public Law 107–71; 115 Stat. 597; 49 

7 U.S.C. 40101 note), $4,704,414,000, to remain available 

8 until September 30, 2008, of which not to exceed $3,000 

9 shall be for official reception and representation expenses: 

10 Provided, That of the total amount made available under 

11 this heading, not to exceed $3,740,866,000 shall be for 

12 screening operations, of which $136,000,000 shall be 

13 available only for procurement of checked baggage explo14 sive detection systems and $94,000,000 shall be available 

15 only for installation of checked baggage explosive detection 

16 systems; and not to exceed $963,548,000 shall be for avia17 tion security direction and enforcement: Provided further, 

18 That security service fees authorized under section 44940 

19 of title 49, United States Code, shall be credited to this 

20 appropriation as offsetting collections and shall be avail21 able only for aviation security: Provided further, That the 

22 sum herein appropriated from the General Fund shall be 

23 reduced on a dollar-for-dollar basis as such offsetting col24 lections are received during fiscal year 2007, so as to re25 sult in a final fiscal year appropriation from the General 
17 

HR 5441 RS 

1 Fund estimated at not more than $2,284,414,000: Pro2 vided further, That any security service fees collected in 

3 excess of the amount made available under this heading 

4 shall become available during fiscal year 2008: Provided 

5 further, That notwithstanding section 44923 of title 49, 

6 United States Code, the share of the cost of the Federal 

7 Government for a project under any letter of intent shall 

8 be 75 percent for any medium or large hub airport and 

9 not more than 90 percent for any other airport, and all 

10 funding provided by section 44923(h) of title 49, United 

11 States Code, or from appropriations authorized under sec12 tion 44923(i)(1) of title 49, United States Code, may be 

13 distributed in any manner deemed necessary to ensure 

14 aviation security and to fulfill the Government’s planned 

15 cost share under existing letters of intent: Provided fur16 ther, That no funding may be obligated for air cargo secu17 rity, other than that for air cargo inspectors, canines, and 

18 screeners, until a detailed air cargo security action plan 

19 addressing each of the recommendations contained in the 

20 2005 Government Accountability Office Report (GAO–06– 

21 76) on domestic air cargo security is provided to the Com22 mittee on Appropriations and Committee on Homeland 

23 Security of the House of Representatives: Provided fur24 ther, That beginning in fiscal year 2007 and thereafter, 

25 reimbursement for security services and related equipment 
18 

HR 5441 RS 

1 and supplies provided in support of general aviation access 

2 to the Ronald Reagan Washington National Airport shall 

3 be credited to this appropriation and shall be available 

4 until expended solely for those purposes: Provided further, 

5 That none of the funds in this Act shall be used to recruit 

6 or hire personnel into the Transportation Security Admin7 istration which would cause the agency to exceed a staff8 ing level of 45,000 full-time equivalent screeners. 

9 SURFACE TRANSPORTATION SECURITY

10 For necessary expenses of the Transportation Secu11 rity Administration related to providing surface transpor12 tation security activities, $37,200,000, to remain available 

13 until September 30, 2008. 

14 TRANSPORTATION THREAT ASSESSMENT AND

15 CREDENTIALING

16 For necessary expenses for the development and im17 plementation of screening programs of the Office of 

18 Transportation Threat Assessment and Credentialing, 

19 $74,700,000, to remain available until September 30, 

20 2008. 

21 TRANSPORTATION SECURITY SUPPORT

22 For necessary expenses of the Transportation Secu23 rity Administration related to providing transportation se24 curity support and intelligence pursuant to the Aviation 

25 and Transportation Security Act (Public Law 107–71; 

26 115 Stat. 597; 49 U.S.C. 40101 note), $523,283,000 (re-
19 

HR 5441 RS 

1 duced by $20,000,000), to remain available until Sep2 tember 30, 2008: Provided, That of the funds appro3 priated under this heading, $5,000,000 may not be obli4 gated until the Secretary of Homeland Security submits 

5 to the Committees on Appropriations of the Senate and 

6 the House of Representatives a detailed expenditure plan 

7 for explosive detection systems refurbishment, procure8 ment, and installations on an airport-by-airport basis for 

9 fiscal year 2007: Provided further, That this plan shall be 

10 submitted no later than 60 days from the date of enact11 ment of this Act. 

12 FEDERAL AIR MARSHALS

13 For necessary expenses of the Federal Air Marshals, 

14 $699,294,000. 

15 UNITED STATES COAST GUARD

16 OPERATING EXPENSES

17 For necessary expenses for the operation and mainte18 nance of the United States Coast Guard not otherwise 

19 provided for; purchase or lease of not to exceed 25 pas20 senger motor vehicles, which shall be for replacement only; 

21 payments pursuant to section 156 of Public Law 97–377 

22 (42 U.S.C. 402 note); and recreation and welfare; 

23 $5,481,643,000, of which $340,000,000 shall be for de24 fense-related activities; of which $24,255,000 shall be de25 rived from the Oil Spill Liability Trust Fund to carry out 
20 

HR 5441 RS 

1 the purposes of section 1012(a)(5) of the Oil Pollution Act 

2 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex3 ceed $3,000 shall be for official reception and representa4 tion expenses: Provided, That none of the funds made 

5 available by this or any other Act shall be available for 

6 administrative expenses in connection with shipping com7 missioners in the United States: Provided further, That 

8 none of the funds made available by this Act shall be for 

9 expenses incurred for yacht documentation under section 

10 12109 of title 46, United States Code, except to the extent 

11 fees are collected from yacht owners and credited to this 

12 appropriation. 

13 ENVIRONMENTAL COMPLIANCE AND RESTORATION

14 For necessary expenses to carry out the environ15 mental compliance and restoration functions of the United 

16 States Coast Guard under chapter 19 of title 14, United 

17 States Code, $11,880,000, to remain available until ex18 pended. 

19 RESERVE TRAINING

20 For necessary expenses of the Coast Guard Reserve, 

21 as authorized by law; operations and maintenance of the 

22 reserve program; personnel and training costs; and equip23 ment and services; $122,348,000. 

24 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

25 For necessary expenses of acquisition, construction, 

26 renovation, and improvement of aids to navigation, shore 
21 

HR 5441 RS 

1 facilities, vessels, and aircraft, including equipment related 

2 thereto; and maintenance, rehabilitation, lease and oper3 ation of facilities and equipment, as authorized by law; 

4 $1,139,663,000, of which $19,800,000 shall be derived 

5 from the Oil Spill Liability Trust Fund to carry out the 

6 purposes of section 1012(a)(5) of the Oil Pollution Act 

7 of 1990 (33 U.S.C. 2712(a)(5)); of which $24,750,000 

8 shall be available until September 30, 2011, to acquire, 

9 repair, renovate, or improve vessels, small boats, and re10 lated equipment; of which $15,000,000 shall be available 

11 until September 30, 2011, to increase aviation capability; 

12 of which $101,823,000 shall be available until September 

13 30, 2009, for other equipment; of which $24,450,000 shall 

14 be available until September 30, 2009, for shore facilities 

15 and aids to navigation facilities; of which $81,000,000 

16 shall be available for personnel compensation and benefits 

17 and related costs; and of which $892,640,000 shall be 

18 available until September 30, 2011, for the Integrated 

19 Deepwater Systems program: Provided, That the Com20 mandant of the Coast Guard is authorized to dispose of 

21 surplus real property, by sale or lease, and the proceeds 

22 shall be credited to this appropriation as offsetting collec23 tions and shall be available until September 30, 2009: Pro24 vided further, That the Secretary of Homeland Security 

25 shall submit to the Committees on Appropriations of the 
22 

HR 5441 RS 

1 Senate and the House of Representatives, in conjunction 

2 with the President’s fiscal year 2008 budget, a review of 

3 the Revised Deepwater Implementation Plan that identi4 fies any changes to the plan for the fiscal year; an annual 

5 performance comparison of Deepwater assets to pre-Deep6 water legacy assets; a status report of legacy assets; a de7 scription of the competitive process conducted in all con8 tracts and subcontracts exceeding $5,000,000 within the 

9 Deepwater program; and the earned value management 

10 system gold card data for each Deepwater asset: Provided 

11 further, That the Secretary shall submit to the Committees 

12 on Appropriations of the Senate and the House of Rep13 resentatives a comprehensive review of the Revised Deep14 water Implementation Plan every five years, beginning in 

15 fiscal year 2011, that includes a complete projection of 

16 the acquisition costs and schedule for the duration of the 

17 plan through fiscal year 2027: Provided further, That the 

18 Secretary shall annually submit to the Committees on Ap19 propriations of the Senate and the House of Representa20 tives, at the time that the President’s budget is submitted 

21 under section 1105(a) of title 31, United States Code, a 

22 future-years capital investment plan for the Coast Guard 

23 that identifies for each capital budget line item— 

24 (1) the proposed appropriation included in that 

25 budget; 
23 

HR 5441 RS 

1 (2) the total estimated cost of completion; 

2 (3) projected funding levels for each fiscal year 

3 for the next five fiscal years or until project comple4 tion, whichever is earlier; 

5 (4) an estimated completion date at the pro6 jected funding levels; and 

7 (5) changes, if any, in the total estimated cost 

8 of completion or estimated completion date from 

9 previous future-years capital investment plans sub10 mitted to the Committees on Appropriations of the 

11 Senate and the House of Representatives: 

12 Provided further, That the Secretary shall ensure that 

13 amounts specified in the future-years capital investment 

14 plan are consistent to the maximum extent practicable 

15 with proposed appropriations necessary to support the 

16 programs, projects, and activities of the Coast Guard in 

17 the President’s budget as submitted under section 1105(a) 

18 of title 31, United States Code, for that fiscal year: Pro19 vided further, That any inconsistencies between the capital 

20 investment plan and proposed appropriations shall be 

21 identified and justified: Provided further, That no funding 

22 may be obligated for the Rescue 21 vessel subsystem until 

23 a vessel solution has been provided to the Committee on 

24 Appropriations of the House of Representatives. 
24 

HR 5441 RS 

1 ALTERATION OF BRIDGES

2 For necessary expenses for alteration or removal of 

3 obstructive bridges, as authorized by section 6 of the Tru4 man-Hobbs Act (33 U.S.C. 516), $17,000,000, to remain 

5 available until expended. 

6 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

7 For necessary expenses for applied scientific re8 search, development, test, and evaluation; and for mainte9 nance, rehabilitation, lease, and operation of facilities and 

10 equipment; as authorized by law; $13,860,000, to remain 

11 available until expended, of which $495,000 shall be de12 rived from the Oil Spill Liability Trust Fund to carry out 

13 the purposes of section 1012(a)(5) of the Oil Pollution Act 

14 of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

15 be credited to and used for the purposes of this appropria16 tion funds received from State and local governments, 

17 other public authorities, private sources, and foreign coun18 tries for expenses incurred for research, development, test19 ing, and evaluation. 

20 RETIRED PAY

21 For retired pay, including the payment of obligations 

22 otherwise chargeable to lapsed appropriations for this pur23 pose, payments under the Retired Serviceman’s Family 

24 Protection and Survivor Benefits Plans, payment for ca25 reer status bonuses, concurrent receipts and combat-re26 lated special compensation under the National Defense 
25 

HR 5441 RS 

1 Authorization Act, and payments for medical care of re2 tired personnel and their dependents under chapter 55 of 

3 title 10, United States Code, $1,063,323,000. 

4 UNITED STATES SECRET SERVICE

5 PROTECTION, ADMINISTRATION, AND TRAINING

6 For necessary expenses of the United States Secret 

7 Service, including purchase of not to exceed 755 vehicles 

8 for police-type use, of which 624 shall be for replacement 

9 only, and hire of passenger motor vehicles; purchase of 

10 American-made motorcycles; hire of aircraft; services of 

11 expert witnesses at such rates as may be determined by 

12 the Director of the Secret Service; rental of buildings in 

13 the District of Columbia, and fencing, lighting, guard 

14 booths, and other facilities on private or other property 

15 not in Government ownership or control, as may be nec16 essary to perform protective functions; payment of per 

17 diem or subsistence allowances to employees where a pro18 tective assignment during the actual day or days of the 

19 visit of a protectee requires an employee to work 16 hours 

20 per day or to remain overnight at a post of duty; conduct 

21 of and participation in firearms matches; presentation of 

22 awards; travel of United States Secret Service employees 

23 on protective missions without regard to the limitations 

24 on such expenditures in this or any other Act if approval 

25 is obtained in advance from the Committees on Appropria-
26 

HR 5441 RS 

1 tions of the Senate and the House of Representatives; re2 search and development; grants to conduct behavioral re3 search in support of protective research and operations; 

4 and payment in advance for commercial accommodations 

5 as may be necessary to perform protective functions; 

6 $954,399,000, of which not to exceed $25,000 shall be for 

7 official reception and representation expenses: Provided, 

8 That up to $18,000,000 provided for protective travel 

9 shall remain available until September 30, 2008: Provided 

10 further, That of the total amount provided under this 

11 heading, $2,000,000 shall not be available for obligation 

12 until the Director of the Secret Service submits a com13 prehensive workload re-balancing report to the Commit14 tees on Appropriations of the Senate and the House of 

15 Representatives that includes funding and position re16 quirements for current investigative and protective oper17 ations: Provided further, That the United States Secret 

18 Service is authorized to obligate funds in anticipation of 

19 reimbursements from Executive agencies and entities, as 

20 defined in section 105 of title 5, United States Code, re21 ceiving training sponsored by the James J. Rowley Train22 ing Center, except that total obligations at the end of the 

23 fiscal year shall not exceed total budgetary resources avail24 able under this heading at the end of the fiscal year. 
27 

HR 5441 RS 

1 INVESTIGATIONS AND FIELD OPERATIONS

2 For necessary expenses for investigations and field 

3 operations of the United States Secret Service, not other4 wise provided for, including costs related to office space 

5 and services of expert witnesses at such rates as may be 

6 determined by the Director of the Secret Service, 

7 $312,499,000, of which not to exceed $100,000 shall be 

8 to provide technical assistance and equipment to foreign 

9 law enforcement organizations in counterfeit investiga10 tions; of which $2,366,000 shall be for forensic and related 

11 support of investigations of missing and exploited children; 

12 and of which $5,445,000 shall be a grant for activities 

13 related to the investigations of missing and exploited chil14 dren and shall remain available until expended. 

15 SPECIAL EVENT FUND

16 For necessary expenses of the United States Secret 

17 Service to perform protective functions related to special 

18 events, $20,900,000, to remain available until expended, 

19 of which $18,400,000 shall be for protection activities re20 lated to presidential campaigns in the United States, and 

21 of which $2,500,000 shall be for extraordinary costs of 

22 National Special Security Events. 

23 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

24 RELATED EXPENSES

25 For necessary expenses for acquisition, construction, 

26 repair, alteration, and improvement of facilities, 
28 

HR 5441 RS 

1 $3,725,000, to remain available until expended: Provided 

2 further, That of the total amount provided under this 

3 heading, $1,000,000 shall not be available for obligation 

4 until the Director of the Secret Service submits a revised 

5 master plan to the Committees on Appropriations of the 

6 Senate and the House of Representatives for the James 

7 J. Rowley Training Center. 

8 TITLE III—PREPAREDNESS AND RECOVERY 

9 PREPAREDNESS

10 UNDER SECRETARY FOR PREPAREDNESS

11 For salaries and expenses of the Office of the Under 

12 Secretary for Preparedness, the Office of the Chief Med13 ical Officer, and the Office of National Capital Region Co14 ordination, $39,468,000 (increased by $9,000,000) (re15 duced by $9,000,000), of which $15,000,000 shall be for 

16 the National Preparedness Integration Program: Pro17 vided, That not to exceed $7,000 shall be for official recep18 tion and representation expenses: Provided further, That 

19 of the amounts appropriated under this heading, 

20 $4,400,000 shall not be available for obligation until the 

21 Secretary of Homeland Security submits to the Commit22 tees on Appropriations of the Senate and the House of 

23 Representatives the final National Preparedness Goal. 
29 

HR 5441 RS 

1 OFFICE OF GRANTS AND TRAINING

2 STATE AND LOCAL PROGRAMS

3 For grants, contracts, cooperative agreements, and 

4 other activities, including grants to State and local govern5 ments for terrorism prevention activities, notwithstanding 

6 any other provision of law, $2,524,000,000 (increased by 

7 $50,000,000) (increased by $20,000,000), which shall be 

8 allocated as follows: 

9 (1) $545,000,000 for formula-based grants and 

10 $400,000,000 for law enforcement terrorism preven11 tion grants pursuant to section 1014 of the USA 

12 PATRIOT ACT (42 U.S.C. 3714): Provided, That 

13 the application for grants shall be made available to 

14 States within 45 days from the date of enactment of 

15 this Act; States shall submit applications within 90 

16 days after the grant announcement; and the Office 

17 of Grants and Training shall act within 90 days 

18 after receipt of an application: Provided further, 

19 That no less than 80 percent of any grant under 

20 this paragraph to a State shall be made available by 

21 the State to local governments within 60 days after 

22 the receipt of the funds. 

23 (2) $1,165,000,000 (increased by $50,000,000) 

24 (increased by $20,000,000) for discretionary grants, 
30 

HR 5441 RS 

1 as determined by the Secretary of Homeland Secu2 rity, of which— 

3 (A) $750,000,000 (increased by 

4 $20,000,000) shall be for use in high-threat, 

5 high-density urban areas; 

6 (B) $200,000,000 shall be for port security 

7 grants pursuant to the purposes of section 

8 70107(a) through (h) of title 46, United States 

9 Code, which shall be awarded based on risk and 

10 threat notwithstanding subsection (a), for eligi11 ble costs as described in subsections (b)(2) 

12 through (4); 

13 (C) $5,000,000 shall be for trucking indus14 try security grants; 

15 (D) $10,000,000 shall be for intercity bus 

16 security grants; 

17 (E) $150,000,000 (increased by 

18 $50,000,000) shall be for intercity rail pas19 senger transportation (as defined in section 

20 24102 of title 49, United States Code), freight 

21 rail, and transit security grants; and 

22 (F) $50,000,000 shall be for buffer zone 

23 protection grants: 

24 Provided, That for grants under subparagraph (A), 

25 the application for grants shall be made available to 
31 

HR 5441 RS 

1 States within 45 days after the date of enactment of 

2 this Act; States shall submit applications within 90 

3 days after the grant announcement; and the Office 

4 of Grants and Training shall act within 90 days 

5 after receipt of an application: Provided further, 

6 That no less than 80 percent of any grant under 

7 this paragraph to a State shall be made available by 

8 the State to local governments within 60 days after 

9 the receipt of the funds. 

10 (3) $75,000,000 shall be available for the Com11 mercial Equipment Direct Assistance Program. 

12 (4) $339,000,000 for training, exercises, tech13 nical assistance, and other programs: 

14 Provided, That none of the grants provided under this 

15 heading shall be used for the construction or renovation 

16 of facilities, except for a minor perimeter security project, 

17 not to exceed $1,000,000, as determined necessary by the 

18 Secretary of Homeland Security: Provided further, That 

19 the preceding proviso shall not apply to grants under sub20 paragraphs (B), (E), and (F) of paragraph (2) of this 

21 heading: Provided further, That grantees shall provide ad22 ditional reports on their use of funds, as determined nec23 essary by the Secretary of Homeland Security: Provided 

24 further, That funds appropriated for law enforcement ter25 rorism prevention grants under paragraph (1) of this 
32 

HR 5441 RS 

1 heading and discretionary grants under paragraph (2)(A) 

2 of this heading shall be available for operational costs, to 

3 include personnel overtime and overtime associated with 

4 the Office of Grants and Training certified training, as 

5 needed. 

6 FIREFIGHTER ASSISTANCE GRANTS

7 For necessary expenses for programs authorized by 

8 the Federal Fire Prevention and Control Act of 1974 (15 

9 U.S.C. 2201 et seq.), $540,000,000 (increased by 

10 $111,000,000), of which $500,000,000 (increased by 

11 $41,000,000) shall be available to carry out section 33 of 

12 such Act (15 U.S.C. 2229) and $40,000,000 (increased 

13 by $70,000,000) shall be available to carry out section 34 

14 of such Act (15 U.S.C. 2229a), to remain available until 

15 September 30, 2008: Provided, That not to exceed 5 per16 cent of this amount shall be available for program admin17 istration. 

18 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

19 For necessary expenses for emergency management 

20 performance grants, as authorized by the National Flood 

21 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob22 ert T. Stafford Disaster Relief and Emergency Assistance 

23 Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 

24 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re25 organization Plan No. 3 of 1978 (5 U.S.C. App.), 
33 

HR 5441 RS 

1 $186,000,000: Provided, That total administrative costs 

2 shall not exceed 3 percent of the total appropriation. 

3 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

4 The aggregate charges assessed during fiscal year 

5 2007, as authorized in title III of the Departments of Vet6 erans Affairs and Housing and Urban Development, and 

7 Independent Agencies Appropriations Act, 1999 (42 

8 U.S.C. 5196e), shall not be less than 100 percent of the 

9 amounts anticipated by the Department of Homeland Se10 curity to be necessary for its radiological emergency pre11 paredness program for such fiscal year: Provided, That the 

12 methodology for assessment and collection of fees shall be 

13 fair and equitable and shall reflect costs of providing such 

14 services, including administrative costs of collecting such 

15 fees: Provided further, That fees received under this head16 ing shall be deposited in this account as offsetting collec17 tions and will become available for authorized purposes on 

18 October 1, 2007, and remain available until expended. 

19 UNITED STATES FIRE ADMINISTRATION AND TRAINING

20 For necessary expenses of the United States Fire Ad21 ministration and for other purposes, as authorized by the 

22 Federal Fire Prevention and Control Act of 1974 (15 

23 U.S.C. 2201 et seq.) and the Homeland security Act of 

24 2002 (6 U.S.C. 101 et seq.), $46,849,000. 
34 

HR 5441 RS 

1 INFRASTRUCTURE PROTECTION AND INFORMATION

2 SECURITY

3 For necessary expenses for infrastructure protection 

4 and information security programs and activities, as au5 thorized by title II of the Homeland Security Act of 2002 

6 (6 U.S.C. 121 et seq.), $549,140,000, of which 

7 $464,490,000 shall remain available until September 30, 

8 2008: Provided, That of the amount made available under 

9 this heading, $10,000,000 shall not be available for obliga10 tion for management and administration until the Depart11 ment of Homeland Security has released the National In12 frastructure Protection Plan: Provided further, That of the 

13 amount made available under this heading, $10,000,000 

14 shall not be available for obligation for management and 

15 administration until the Department has submitted its na16 tional security strategy for the chemical sector report. 

17 FEDERAL EMERGENCY MANAGEMENT AGENCY

18 ADMINISTRATIVE AND REGIONAL OPERATIONS

19 For necessary expenses for administrative and re20 gional operations, $254,499,000, including activities au21 thorized by the National Flood Insurance Act of 1968 (42 

22 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

24 seq.), the Earthquake Hazards Reduction Act of 1977 (42 

25 U.S.C. 7701 et seq.), the Defense Production Act of 1950 
35 

HR 5441 RS 

1 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of 

2 the National Security Act of 1947 (50 U.S.C. 404, 405), 

3 Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), and 

4 the Homeland Security Act of 2002 (6 U.S.C. 101 et 

5 seq.): Provided, That not to exceed $3,000 shall be for 

6 official reception and representation expenses. 

7 READINESS, MITIGATION, RESPONSE, AND RECOVERY

8 For necessary expenses for readiness, mitigation, re9 sponse, and recovery activities, $238,199,000 (increased 

10 by $1,000,000) (reduced by $1,000,000), including activi11 ties authorized by the National Flood Insurance Act of 

12 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

14 5121 et seq.), the Earthquake Hazards Reduction Act of 

15 1977 (42 U.S.C. 7701 et seq.), the Defense Production 

16 Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 

17 and 303 of the National Security Act of 1947 (50 U.S.C. 

18 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

19 App.), and the Homeland Security Act of 2002 (6 U.S.C. 

20 101 et seq.): Provided, That of the total amount made 

21 available under this heading, $20,000,000 shall be for 

22 Urban Search and Rescue Teams, of which not to exceed 

23 $1,600,000 may be made available for administrative 

24 costs: Provided further, That of the amounts appropriated 

25 under this heading, $20,000,000 shall not be available for 

26 obligation until the Secretary of Homeland Security sub-
36 

HR 5441 RS 

1 mits to the Committees on Appropriations of the Senate 

2 and the House of Representatives a catastrophic planning 

3 expenditure plan. 

4 PUBLIC HEALTH PROGRAMS

5 For necessary expenses for countering potential bio6 logical, disease, and chemical threats to civilian popu7 lations, $33,885,000. 

8 DISASTER RELIEF

9 For necessary expenses in carrying out the Robert 

10 T. Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5121 et seq.), $1,662,891,000 (increased by 

12 $14,000,000), to remain available until expended. 

13 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

14 For administrative expenses to carry out the direct 

15 loan program, as authorized by section 319 of the Robert 

16 T. Stafford Disaster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5162), $569,000: Provided, That gross obliga18 tions for the principal amount of direct loans shall not 

19 exceed $25,000,000: Provided further, That the cost of 

20 modifying such loans shall be as defined in section 502 

21 of the Congressional Budget Act of 1974 (2 U.S.C. 661a). 

22 FLOOD MAP MODERNIZATION FUND

23 For necessary expenses pursuant to section 1360 of 

24 the National Flood Insurance Act of 1968 (42 U.S.C. 

25 4101), $198,980,000, and such additional sums as may 

26 be provided by State and local governments or other polit-
37 

HR 5441 RS 

1 ical subdivisions for cost-shared mapping activities under 

2 section 1360(f)(2) of such Act, to remain available until 

3 expended: Provided, That total administrative costs shall 

4 not exceed 3 percent of the total appropriation. 

5 NATIONAL FLOOD INSURANCE FUND

6 (INCLUDING TRANSFER OF FUNDS) 

7 For activities under the National Flood Insurance 

8 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis9 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

10 $128,588,000, which shall be available as follows: (1) not 

11 to exceed $38,230,000 for salaries and expenses associ12 ated with flood mitigation and flood insurance operations; 

13 and (2) not to exceed $90,358,000 for flood hazard miti14 gation, which shall be derived from offsetting collections 

15 assessed and collected pursuant to section 1307 of the Na16 tional Flood Insurance Act of 1968 (42 U.S.C. 4014), to 

17 remain available until September 30, 2008, including up 

18 to $31,000,000 for flood mitigation expenses under section 

19 1366 of such Act (42 U.S.C. 4104c), which amount shall 

20 be available for transfer to the National Flood Mitigation 

21 Fund until September 30, 2008: Provided, That in fiscal 

22 year 2007, no funds shall be available from the National 

23 Flood Insurance Fund in excess of: (1) $70,000,000 for 

24 operating expenses; (2) $692,999,000 for commissions 

25 and taxes of agents; (3) such sums as are necessary for 
38 

HR 5441 RS 

1 interest on Treasury borrowings; and (4) $50,000,000 for 

2 flood mitigation actions with respect to severe repetitive 

3 loss properties under section 1361A of such Act (42 

4 U.S.C. 4102a) and repetitive insurance claims properties 

5 under section 1323 of such Act (42 U.S.C. 4030), which 

6 shall remain available until expended: Provided further, 

7 That total administrative costs shall not exceed 3 percent 

8 of the total appropriation. 

9 NATIONAL FLOOD MITIGATION FUND

10 (INCLUDING TRANSFER OF FUNDS) 

11 Notwithstanding subparagraphs (B) and (C) of sub12 section (b)(3), and subsection (f), of section 1366 of the 

13 National Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

14 $31,000,000, to remain available until September 30, 

15 2008, for activities designed to reduce the risk of flood 

16 damage to structures pursuant to such Act, of which 

17 $31,000,000 shall be derived from the National Flood In18 surance Fund. 

19 NATIONAL PRE-DISASTER MITIGATION FUND

20 For a predisaster mitigation grant program under 

21 title II of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 5131 et seq.), 

23 $100,000,000, to remain available until expended: Pro24 vided, That grants made for predisaster mitigation shall 

25 be awarded on a competitive basis subject to the criteria 
39 

HR 5441 RS 

1 in section 203(g) of such Act (42 U.S.C. 5133(g)): Pro2 vided further, That total administrative costs shall not ex3 ceed 3 percent of the total appropriation. 

4 EMERGENCY FOOD AND SHELTER

5 To carry out an emergency food and shelter program 

6 pursuant to title III of the McKinney-Vento Homeless As7 sistance Act (42 U.S.C. 11331 et seq.), $151,470,000, to 

8 remain available until expended: Provided, That total ad9 ministrative costs shall not exceed 3.5 percent of the total 

10 appropriation. 

11 TITLE IV—RESEARCH AND DEVELOPMENT, 

12 TRAINING, AND SERVICES 

13 UNITED STATES CITIZENSHIP AND IMMIGRATION

14 SERVICES

15 For necessary expenses for citizenship and immigra16 tion services, $161,990,000 (increased by $20,000,000): 

17 Provided, That $47,000,000 may not be obligated until 

18 the Committees on Appropriations of the Senate and the 

19 House of Representatives receive and approve a strategic 

20 transformation plan for United States Citizenship and Im21 migration Services that has been reviewed and approved 

22 by the Secretary of Homeland Security and reviewed by 

23 the Government Accountability Office. 
40 

HR 5441 RS 

1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, including materials and support 

5 costs of Federal law enforcement basic training; purchase 

6 of not to exceed 117 vehicles for police-type use and hire 

7 of passenger motor vehicles; expenses for student athletic 

8 and related activities; the conduct of and participation in 

9 firearms matches and presentation of awards; public 

10 awareness and enhancement of community support of law 

11 enforcement training; room and board for student interns; 

12 a flat monthly reimbursement to employees authorized to 

13 use personal mobile phones for official duties; and services 

14 as authorized by section 3109 of title 5, United States 

15 Code; $210,507,000, of which up to $43,910,000 for ma16 terials and support costs of Federal law enforcement basic 

17 training shall remain available until September 30, 2008; 

18 of which $300,000 shall remain available until expended 

19 for Federal law enforcement agencies participating in 

20 training accreditation, to be distributed as determined by 

21 the Federal Law Enforcement Training Center for the 

22 needs of participating agencies; and of which not to exceed 

23 $12,000 shall be for official reception and representation 

24 expenses: Provided, That the Center is authorized to obli25 gate funds in anticipation of reimbursements from agen-
41 

HR 5441 RS 

1 cies receiving training sponsored by the Center, except 

2 that total obligations at the end of the fiscal year shall 

3 not exceed total budgetary resources available at the end 

4 of the fiscal year: Provided further, That section 1202(a) 

5 of Public Law 107–206 (42 U.S.C. 3771 note) is amended 

6 by striking ‘‘5 years after the date of the enactment of 

7 this Act’’ and inserting ‘‘December 31, 2009’’, and by 

8 striking ‘‘250’’ and inserting ‘‘350’’. 

9 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

10 RELATED EXPENSES

11 For acquisition of necessary additional real property 

12 and facilities, construction, and ongoing maintenance, fa13 cility improvements, and related expenses of the Federal 

14 Law Enforcement Training Center, $42,246,000, to re15 main available until expended: Provided, That the Center 

16 is authorized to accept reimbursement to this appropria17 tion from government agencies requesting the construction 

18 of special use facilities. 

19 SCIENCE AND TECHNOLOGY

20 MANAGEMENT AND ADMINISTRATION

21 For salaries and expenses of the Office of the Under 

22 Secretary for Science and Technology and for manage23 ment and administration of programs and activities, as 

24 authorized by title III of the Homeland Security Act of 

25 2002 (6 U.S.C. 181 et seq.), $180,901,000: Provided, 
42 

HR 5441 RS 

1 That not to exceed $3,000 shall be for official reception 

2 and representation expenses: Provided further, That of the 

3 amounts made available under this heading, $98,000,000 

4 may not be obligated until the Under Secretary submits 

5 a detailed expenditure plan for fiscal year 2007 programs 

6 and operations to the Committees on Appropriations of 

7 the Senate and the House of Representatives. 

8 RESEARCH, DEVELOPMENT, ACQUISITION, AND

9 OPERATIONS

10 For necessary expenses for science and technology re11 search, including advanced research projects; development; 

12 test and evaluation; acquisition; and operations; as author13 ized by title III of the Homeland Security Act of 2002 

14 (6 U.S.C. 181 et seq.); and the purchase or lease of not 

15 to exceed 5 vehicles, $775,370,000 (reduced by 

16 $107,000,000), to remain available until expended: Pro17 vided, That of the amounts made available under this 

18 heading, $400,000,000 may not be obligated until the 

19 Committees on Appropriations of the Senate and the 

20 House of Representatives receive and approve a report 

21 prepared by the Under Secretary that describes Science 

22 and Technology’s progress to address financial manage23 ment deficiencies; improve its management controls; and 

24 implement performance measures and evaluations. 
43 

HR 5441 RS 

1 DOMESTIC NUCLEAR DETECTION OFFICE

2 For necessary expenses of the Domestic Nuclear De3 tection Office, including nuclear detection research, devel4 opment, testing and evaluation, acquisition, operations, 

5 management and administration, $500,000,000, to remain 

6 available until expended, of which not to exceed 

7 $178,000,000 shall be for the purchase and deployment 

8 of radiation detection equipment in accordance with the 

9 global nuclear detection architecture; and of which not to 

10 exceed $85,200,000 shall be for radiological and nuclear 

11 transformational research and development; and of which 

12 not to exceed $30,468,000 shall be for the management 

13 and administration of these programs and activities: Pro14 vided, That no funds provided in this Act shall be used 

15 to create a Sodium-Iodide Manufacturing Program until 

16 the Office demonstrates that Advanced Spectroscopic Por17 tal monitors will significantly speed commerce, reduce the 

18 costs of secondary inspection, or significantly increase sen19 sitivity over current generation Radiation Portal Monitors. 

20 TITLE V—GENERAL PROVISIONS 

21 SEC. 501. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 

24 SEC. 502. Subject to the requirements of section 503 

25 of this Act, the unexpended balances of prior appropria-
44 

HR 5441 RS 

1 tions provided for activities in this Act may be transferred 

2 to appropriation accounts for such activities established 

3 pursuant to this Act: Provided, That balances so trans4 ferred may be merged with funds in the applicable estab5 lished accounts and thereafter may be accounted for as 

6 one fund for the same time period as originally enacted. 

7 SEC. 503. (a) None of the funds provided by this Act, 

8 provided by previous appropriations Acts to the agencies 

9 in or transferred to the Department of Homeland Security 

10 that remain available for obligation or expenditure in fiscal 

11 year 2007, or provided from any accounts in the Treasury 

12 of the United States derived by the collection of fees avail13 able to the agencies funded by this Act, shall be available 

14 for obligation or expenditure through a reprogramming of 

15 funds that: (1) creates a new program; (2) eliminates a 

16 program, project, or activity; (3) increases funds for any 

17 program, project, or activity for which funds have been 

18 denied or restricted by the Congress; (4) proposes to use 

19 funds directed for a specific activity by either of the Com20 mittees on Appropriations of the Senate or House of Rep21 resentatives for a different purpose; or (5) contracts out 

22 any functions or activities for which funds have been ap23 propriated for Federal full-time equivalent positions; un24 less the Committees on Appropriations of the Senate and 
45 

HR 5441 RS 

1 the House of Representatives are notified 15 days in ad2 vance of such reprogramming of funds. 

3 (b) None of the funds provided by this Act, provided 

4 by previous appropriations Acts to the agencies in or 

5 transferred to the Department of Homeland Security that 

6 remain available for obligation or expenditure in fiscal 

7 year 2007, or provided from any accounts in the Treasury 

8 of the United States derived by the collection of fees avail9 able to the agencies funded by this Act, shall be available 

10 for obligation or expenditure for programs, projects, or ac11 tivities through a reprogramming of funds in excess of 

12 $5,000,000 or 10 percent, whichever is less, that: (1) aug13 ments existing programs, projects, or activities; (2) re14 duces by 10 percent funding for any existing program, 

15 project, or activity, or numbers of personnel by 10 percent 

16 as approved by the Congress; or (3) results from any gen17 eral savings from a reduction in personnel that would re18 sult in a change in existing programs, projects, or activi19 ties as approved by the Congress; unless the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives are notified 15 days in advance of such re22 programming of funds. 

23 (c) Not to exceed 5 percent of any appropriation 

24 made available for the current fiscal year for the Depart25 ment of Homeland Security by this Act or provided by 
46 

HR 5441 RS 

1 previous appropriations Acts may be transferred between 

2 such appropriations, but no such appropriations, except 

3 as otherwise specifically provided, shall be increased by 

4 more than 10 percent by such transfers: Provided, That 

5 any transfer under this section shall be treated as a re6 programming of funds under subsection (b) of this section 

7 and shall not be available for obligation unless the Com8 mittees on Appropriations of the Senate and the House 

9 of Representatives are notified 15 days in advance of such 

10 transfer. 

11 (d) Notwithstanding subsections (a), (b), and (c) of 

12 this section, no funds shall be reprogrammed within or 

13 transferred between appropriations after June 30, except 

14 in extraordinary circumstances which imminently threaten 

15 the safety of human life or the protection of property. 

16 SEC. 504. Except as otherwise specifically provided 

17 by law, not to exceed 50 percent of unobligated balances 

18 remaining available at the end of fiscal year 2007 from 

19 appropriations for salaries and expenses for fiscal year 

20 2007 in this Act shall remain available through September 

21 30, 2008, in the account and for the purposes for which 

22 the appropriations were provided: Provided, That prior to 

23 the obligation of such funds, a request shall be submitted 

24 to the Committees on Appropriations of the Senate and 
47 

HR 5441 RS 

1 the House of Representatives for approval in accordance 

2 with section 503 of this Act. 

3 SEC. 505. Funds made available by this Act for intel4 ligence activities are deemed to be specifically authorized 

5 by the Congress for purposes of section 504 of the Na6 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2007 until the enactment of an Act authorizing intel8 ligence activities for fiscal year 2007. 

9 SEC. 506. The Federal Law Enforcement Training 

10 Center shall lead the Federal law enforcement training ac11 creditation process, including representatives from the 

12 Federal law enforcement community and non-Federal ac13 creditation experts involved in law enforcement training, 

14 to continue the implementation of measuring and assess15 ing the quality and effectiveness of Federal law enforce16 ment training programs, facilities, and instructors. 

17 SEC. 507. None of the funds in this Act may be used 

18 to make a grant allocation, discretionary grant award, dis19 cretionary contract award, or to issue a letter of intent 

20 totaling in excess of $1,000,000, or to announce publicly 

21 the intention to make such an award, unless the Secretary 

22 of Homeland Security notifies the Committees on Appro23 priations of the Senate and the House of Representatives 

24 at least 3 full business days in advance: Provided, That 
48 

HR 5441 RS 

1 no notification shall involve funds that are not available 

2 for obligation. 

3 SEC. 508. Notwithstanding any other provision of 

4 law, no agency shall purchase, construct, or lease any ad5 ditional facilities, except within or contiguous to existing 

6 locations, to be used for the purpose of conducting Federal 

7 law enforcement training without the advance approval of 

8 the Committees on Appropriations of the Senate and the 

9 House of Representatives, except that the Federal Law 

10 Enforcement Training Center is authorized to obtain the 

11 temporary use of additional facilities by lease, contract, 

12 or other agreement for training which cannot be accommo13 dated in existing Center facilities. 

14 SEC. 509. The Director of the Federal Law Enforce15 ment Training Center shall schedule basic and/or ad16 vanced law enforcement training at all four training facili17 ties under the control of the Federal Law Enforcement 

18 Training Center to ensure that these training centers are 

19 operated at the highest capacity throughout the fiscal 

20 year. 

21 SEC. 510. None of the funds appropriated or other22 wise made available by this Act may be used for expenses 

23 of any construction, repair, alteration, or acquisition 

24 project for which a prospectus, if required by chapter 33 

25 of title 40, United States Code, has not been approved, 
49 

HR 5441 RS 

1 except that necessary funds may be expended for each 

2 project for required expenses for the development of a pro3 posed prospectus. 

4 SEC. 511. None of the funds in this Act may be used 

5 in contravention of the applicable provisions of the Buy 

6 American Act (41 U.S.C. 10a et seq.). 

7 SEC. 512. Notwithstanding any other provision of 

8 law, the authority of the Office of Personnel Management 

9 to conduct personnel security and suitability background 

10 investigations, update investigations, and periodic reinves11 tigations of applicants for, or appointees in, positions in 

12 the Office of the Secretary and Executive Management, 

13 the Office of the Under Secretary for Management, Anal14 ysis and Operations, Immigration and Customs Enforce15 ment, the Directorate for Preparedness, and the Direc16 torate of Science and Technology of the Department of 

17 Homeland Security is transferred to the Department of 

18 Homeland Security: Provided, That on request of the De19 partment of Homeland Security, the Office of Personnel 

20 Management shall cooperate with and assist the Depart21 ment in any investigation or reinvestigation under this sec22 tion: Provided further, That this section shall cease to be 

23 effective at such time as the President has selected a sin24 gle agency to conduct security clearance investigations 

25 pursuant to section 3001(c) of the Intelligence Reform 
50 

HR 5441 RS 

1 and Terrorism Prevention Act of 2004 (Public Law 108– 

2 458; 50 U.S.C. 435b(c)) and the entity selected under sec3 tion 3001(b) of such Act has reported to the Congress that 

4 the agency selected pursuant to such section 3001(c) is 

5 capable of conducting all necessary investigations in a 

6 timely manner or has authorized the entities within the 

7 Department of Homeland Security covered by this section 

8 to conduct their own investigations pursuant to section 

9 3001 of such Act. 

10 SEC. 513. (a) None of the funds provided by this or 

11 previous appropriations Acts may be obligated for deploy12 ment or implementation, on other than a test basis, of the 

13 Secure Flight program or any other follow on or successor 

14 passenger prescreening program, until the Secretary of 

15 Homeland Security certifies, and the Government Ac16 countability Office reports, to the Committees on Appro17 priations of the Senate and the House of Representatives, 

18 that all ten of the elements contained in paragraphs (1) 

19 through (10) of section 522(a) of Public Law 108–334 

20 (118 Stat. 1319) have been successfully met. 

21 (b) The report required by subsection (a) shall be 

22 submitted within 90 days after the Secretary provides the 

23 requisite certification, and periodically thereafter, if nec24 essary, until the Government Accountability Office con25 firms that all ten elements have been successfully met. 
51 

HR 5441 RS 

1 (c) Within 90 days of enactment of this Act, the Sec2 retary shall submit to the Committees on Appropriations 

3 of the Senate and House of Representatives a detailed 

4 plan that describes (1) the dates for achieving key mile5 stones, including the date or timeframes that the Sec6 retary will certify the program under subsection (a); and 

7 (2) the methodology to be followed to support the Sec8 retary’s certification, as required under subsection (a). 

9 (d) During the testing phase permitted by subsection 

10 (a), no information gathered from passengers, foreign or 

11 domestic air carriers, or reservation systems may be used 

12 to screen aviation passengers, or delay or deny boarding 

13 to such passengers, except in instances where passenger 

14 names are matched to a Government watch list. 

15 (e) None of the funds provided in this or previous 

16 appropriations Acts may be utilized to develop or test algo17 rithms assigning risk to passengers whose names are not 

18 on Government watch lists. 

19 (f) None of the funds provided in this or previous 

20 appropriations Acts may be utilized for data or a database 

21 that is obtained from or remains under the control of a 

22 non-Federal entity: Provided, That this restriction shall 

23 not apply to Passenger Name Record data obtained from 

24 air carriers. 
52 

HR 5441 RS 

1 SEC. 514. None of the funds made available in this 

2 Act may be used to amend the oath of allegiance required 

3 by section 337 of the Immigration and Nationality Act 

4 (8 U.S.C. 1448). 

5 SEC. 515. None of the funds appropriated by this Act 

6 may be used to process or approve a competition under 

7 Office of Management and Budget Circular A–76 for serv8 ices provided as of June 1, 2004, by employees (including 

9 employees serving on a temporary or term basis) of United 

10 States Citizenship and Immigration Services of the De11 partment of Homeland Security who are known as of that 

12 date as Immigration Information Officers, Contact Rep13 resentatives, or Investigative Assistants. 

14 SEC. 516. None of the funds appropriated by this Act 

15 shall be available to maintain the United States Secret 

16 Service as anything but a distinct entity within the De17 partment of Homeland Security and shall not be used to 

18 merge the United States Secret Service with any other de19 partment function, cause any personnel and operational 

20 elements of the United States Secret Service to report to 

21 an individual other than the Director of the United States 

22 Secret Service, or cause the Director to report directly to 

23 any individual other than the Secretary of Homeland Se24 curity. 
53 

HR 5441 RS 

1 SEC. 517. None of the funds appropriated to the 

2 United States Secret Service by this Act or by previous 

3 appropriations Acts may be made available for the protec4 tion of the head of a Federal agency other than the Sec5 retary of Homeland Security: Provided, That the Director 

6 of the United States Secret Service may enter into an 

7 agreement to perform such service on a fully reimbursable 

8 basis. 

9 SEC. 518. The Secretary of Homeland Security, in 

10 consultation with industry stakeholders, shall develop 

11 standards and protocols for increasing the use of explosive 

12 detection equipment to screen air cargo when appropriate. 

13 SEC. 519. The Transportation Security Administra14 tion (TSA) shall utilize existing checked baggage explosive 

15 detection equipment and screeners to screen cargo carried 

16 on passenger aircraft to the greatest extent practicable at 

17 each airport: Provided, That TSA shall report air cargo 

18 inspection statistics quarterly to the Committee on Appro19 priations of the House of Representatives, by airport and 

20 air carrier, within 45 days after the end of the quarter: 

21 Provided further, That the appropriation for ‘‘Aviation Se22 curity’’ in this Act is reduced by $100,000 for each day 

23 beyond such deadline that such quarterly report is not pro24 vided. 
54 

HR 5441 RS 

1 SEC. 520. None of the funds available for obligation 

2 for the transportation worker identification credential pro3 gram shall be used to develop a personalization system 

4 that is decentralized or a card production capability that 

5 does not utilize an existing government card production 

6 facility. 

7 SEC. 521. (a) RESCISSION.—From the unexpended 

8 balances of the United States Coast Guard ‘‘Acquisition, 

9 Construction, and Improvements’’ account specifically 

10 identified in the Joint Explanatory Statement (House Re11 port 109–241) accompanying Public Law 109–90 for the 

12 Fast Response Cutter, the service life extension program 

13 of the current 110-foot Island Class patrol boat fleet, and 

14 accelerated design and production of the Fast Response 

15 Cutter, $79,347,002 are rescinded. 

16 (b) ADDITIONAL APPROPRIATION.—For necessary 

17 expenses of the United States Coast Guard for ‘‘Acquisi18 tion, Construction, and Improvements’’, there is appro19 priated an additional $79,347,002, to remain available 

20 until September 30, 2009, for the service life extension 

21 program of the current 110-foot Island Class patrol boat 

22 fleet and the acquisition of traditional patrol boats (‘‘par23 ent craft’’). 

24 SEC. 522. None of the funds made available in this 

25 Act may be used by any person other than the privacy 
55 

HR 5441 RS 

1 officer appointed pursuant to section 222 of the Homeland 

2 Security Act of 2002 (6 U.S.C. 142) to alter, direct that 

3 changes be made to, delay, or prohibit the transmission 

4 to the Congress of any report prepared pursuant to para5 graph (6) of such section. 

6 SEC. 523. No funding provided by this or previous 

7 appropriation Acts shall be available to pay the salary of 

8 any employee serving as a contracting officer’s technical 

9 representative (COTR), or anyone acting in a similar or 

10 like capacity, who has not received COTR training. 

11 SEC. 524. Except as provided in section 44945 of title 

12 49, United States Code, funds appropriated or transferred 

13 to Transportation Security Administration ‘‘Aviation Se14 curity’’ and ‘‘Administration’’ for fiscal years 2004, 2005, 

15 and 2006 that are recovered or deobligated shall be avail16 able only for procurement and installation of explosive de17 tection systems for air cargo, baggage, and checkpoint 

18 screening systems: Provided, That these funds shall be 

19 subject to section 503 of this Act. 

20 SEC. 525. Using funds made available in this Act, 

21 and within 60 days of enactment of this Act, the Secretary 

22 of the Department of Homeland Security shall revise DHS 

23 MD 11056 to include the following: (1) that information 

24 that is three years old and not incorporated in a current, 

25 active transportation security directive or security plan 
56 

HR 5441 RS 

1 shall be determined automatically to be releaseable unless, 

2 for each specific document, the Secretary makes a written 

3 determination that identifies a compelling reason why the 

4 information must remain SSI; (2) incorporation of com5 mon and extensive examples of the individual categories 

6 of SSI information cited under 49 CFR 1520(b)(1) 

7 through (16) in order to minimize and standardize judg8 ment by covered persons in the application of SSI mark9 ing; and (3) that in all judicial proceedings where the 

10 judge overseeing the proceeding has adjudicated that a 

11 party needs to have access to SSI information, the party 

12 shall be deemed a DHS Covered Person for purposes of 

13 access to the SSI information at issue in the case unless 

14 TSA or DHS demonstrates a compelling reason why the 

15 specific individual presents a risk of harm to the nation. 

16 SEC. 526. The Department of Homeland Security 

17 Working Capital Fund, established, pursuant to section 

18 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

19 continue operations during fiscal year 2007. 

20 SEC. 527. RESCISSION.—Of the unobligated balances 

21 from prior year appropriations made available for the 

22 ‘‘Counterterrorism Fund’’, $16,000,000 are rescinded. 

23 SEC. 528. The weekly report required by Public Law 

24 109–62 detailing the allocation and obligation of funds for 

25 ‘‘Disaster Relief’’ shall include: (1) detailed information 
57 

HR 5441 RS 

1 on each allocation, obligation, or expenditure that totals 

2 more than $50,000,000, categorized by increments of not 

3 larger than $50,000,000; (2) the amount of credit card 

4 purchases by agency and mission assignment; (3) obliga5 tions, allocations, and expenditures, categorized by agency, 

6 by State, for New Orleans, and by purpose and mission 

7 assignment; (4) status of the Disaster Relief Fund; and 

8 (5) specific reasons for all waivers granted and a descrip9 tion of each waiver: Provided, That the detailed informa10 tion required by paragraph (1) shall include the purpose 

11 of each allocation, obligation, or expenditure; whether the 

12 work will be performed by a governmental agency or a con13 tractor; and, if the work is to be performed by a con14 tractor, the name of the contractor, the type of contract, 

15 and whether the contract is sole-source, full and open com16 petition, or limited competition. 

17 SEC. 529. Within 45 days after the close of each 

18 month, the Chief Financial Officer of the Department of 

19 Homeland Security shall submit to the Committees on Ap20 propriations of the Senate and the House of Representa21 tives a monthly budget execution report that sets forth 

22 the total obligational authority appropriated (new budget 

23 authority plus unobligated carryover), undistributed 

24 obligational authority, amount allotted, current year obli25 gations, unobligated authority (the difference between 
58 

HR 5441 RS 

1 total obligational authority and current year obligations), 

2 beginning unexpended obligations, year-to-date costs, and 

3 year end unexpended obligations, of the Department of 

4 Homeland Security: Provided, That such information shall 

5 be provided for each Departmental component and the 

6 Working Capital Fund at the level of detail shown in the 

7 table of detailed funding recommendations displayed at 

8 the end of the report accompanying this Act. 

9 SEC. 530. (a) UNITED STATES SECRET SERVICE USE

10 OF PROCEEDS DERIVED FROM CRIMINAL INVESTIGA11 TIONS.—During fiscal years 2007 through 2009, with re12 spect to any undercover investigative operation of the 

13 United States Secret Service (hereafter referred to in this 

14 section as the ‘‘Secret Service’’) that is necessary for the 

15 detection and prosecution of crimes against the United 

16 States— 

17 (1) sums appropriated for the Secret Service, 

18 including unobligated balances available from prior 

19 fiscal years, may be used for purchasing property, 

20 buildings, and other facilities, and for leasing space, 

21 within the United States, the District of Columbia, 

22 and the territories and possessions of the United 

23 States, without regard to sections 1341 and 3324 of 

24 title 31, United States Code, section 8141 of title 

25 40, United States Code, sections 3732(a) and 3741 
59 

HR 5441 RS 

1 of the Revised Statutes of the United States (41 

2 U.S.C. 11(a) and 22), and sections 304(a) and 305 

3 of the Federal Property and Administrative Services 

4 Act of 1949 (41 U.S.C 254(a) and 255); 

5 (2) sums appropriated for the Secret Service, 

6 including unobligated balances available from prior 

7 fiscal years, may be used to establish or to acquire 

8 proprietary corporations or business entities as part 

9 of such undercover operation, and to operate such 

10 corporations or business entities on a commercial 

11 basis, without regard to sections 9102 and 9103 of 

12 title 31, United States Code; 

13 (3) sums appropriated for the Secret Service, 

14 including unobligated balances available from prior 

15 fiscal years and the proceeds from such undercover 

16 operation, may be deposited in banks or other finan17 cial institutions, without regard to section 648 of 

18 title 18, and section 3302 of title 31, United States 

19 Code; and 

20 (4) proceeds from such undercover operation 

21 may be used to offset necessary and reasonable ex22 penses incurred in such operation, without regard to 

23 section 3302 of title 31, United States Code. 

24 (b) WRITTEN CERTIFICATION.—The authority set 

25 forth in subsection (a) may be exercised only upon the 
60 

HR 5441 RS 

1 written certification of the Director of the Secret Service 

2 or designee that any action authorized by any paragraph 

3 of such subsection is necessary for the conduct of an un4 dercover investigative operation. Such certification shall 

5 continue in effect for the duration of such operation, with6 out regard to fiscal years. 

7 (c) DEPOSIT OF PROCEEDS IN TREASURY.—As soon 

8 as practicable after the proceeds from an undercover in9 vestigative operation with respect to which an action is 

10 authorized and carried out under paragraphs (3) and (4) 

11 of subsection (a) are no longer necessary for the conduct 

12 of such operation, such proceeds or the balance of such 

13 proceeds remaining at the time shall be deposited in the 

14 Treasury of the United States as miscellaneous receipts. 

15 (d) REPORTING AND DEPOSIT OF PROCEEDS UPON

16 DISPOSITION OF CERTAIN BUSINESS ENTITIES.—If a cor17 poration or business entity established or acquired as part 

18 of an undercover investigative operation under paragraph 

19 (2) of subsection (a) with a net value of over $50,000 is 

20 to be liquidated, sold, or otherwise disposed of, the Secret 

21 Service, as much in advance as the Director or designee 

22 determines is practicable, shall report the circumstance to 

23 the Secretary of Homeland Security. The proceeds of the 

24 liquidation, sale, or other disposition, after obligations are 
61 

HR 5441 RS 

1 met, shall be deposited in the Treasury of the United 

2 States as miscellaneous receipts. 

3 (e) FINANCIAL AUDITS AND REPORTS.— 

4 (1) The Secret Service shall conduct detailed fi5 nancial audits of closed undercover investigative op6 erations for which a written certification was made 

7 pursuant to subsection (b) on a quarterly basis and 

8 shall report the results of the audits in writing to 

9 the Secretary of Homeland Security. 

10 (2) The Secretary of Homeland Security shall 

11 annually submit to the Committees on Appropria12 tions of the Senate and House of Representatives, at 

13 the time that the President’s budget is submitted 

14 under section 1105(a) of title 31, a summary of 

15 such audits. 

16 SEC. 531. The Director of the Domestic Nuclear De17 tection Office shall operate extramural and intramural re18 search, development, demonstrations, testing and evalua19 tion programs so as to distribute funding through grants, 

20 cooperative agreements, other transactions and contracts. 

21 SEC. 532. None of the funds made available in this 

22 Act for United States Customs and Border Protection 

23 may be used to prevent an individual not in the business 

24 of importing a prescription drug (within the meaning of 

25 section 801(g) of the Federal Food, Drug, and Cosmetic 
62 

HR 5441 RS 

1 Act) from importing a prescription drug that complies 

2 with sections 501, 502, and 505 of such Act. 

3 SEC. 533. From the unobligated balances of Trans4 portation Security Administration ‘‘Aviation Security’’ 

5 and ‘‘Headquarters Administration’’, $4,776,000 are re6 scinded. 

7 SEC. 534. Notwithstanding the requirements of sec8 tion 404(b)(2)(B) of the Robert T. Stafford Disaster Re9 lief and Emergency Assistance Act, the Army Corps of 

10 Engineers may use Lot 19, Block 1 of the Meadowview 

11 Acres Addition and Lot 8, Block 5 of the Meadowview 

12 Acres Addition in Augusta, Kansas, for building portions 

13 of the flood-control levee. 

14 SEC. 535. Notwithstanding any time limitation estab15 lished for a grant awarded under title I, chapter 6, Public 

16 Law 106–31, in the item relating to Federal Emergency 

17 Management Agency—Disaster Assistance for Unmet 

18 Needs, the City of Cuero, Texas, may use funds received 

19 under such grant program until June 30, 2007. 

20 SEC. 536. None of the funds in this Act shall be used 

21 to recruit, hire, or employ nonscreener personnel into the 

22 Transportation Security Administration’s Federal Secu23 rity Director office at each airport participating in the se24 curity partnership program under section 44920 of title 

25 49, United States Code, whose job title and job description 
63 

HR 5441 RS 

1 would duplicate those of nonscreener personnel employed 

2 by the screening company that is under contract with the 

3 Transportation Security Administration to provide secu4 rity screening services at the airport. 

5 SEC. 537. None of the funds made available by this 

6 Act shall be used in contravention of the Federal buildings 

7 performance and reporting requirements of Executive 

8 Order No. 13123, part 3 of title V of the National Energy 

9 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub10 title A of title I of the Energy Policy Act of 2005 (includ11 ing the amendments made thereby). 

12 SEC. 538. None of the funds made available in this 

13 Act may be used in contravention of section 303 of the 

14 Energy Policy Act of 1992 (42 U.S.C. 13212). 

15 SEC. 539. None of the funds made available in this 

16 Act may be used to award any contract for major disaster 

17 or emergency assistance activities under the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act 

19 except in accordance with section 307 of such Act (42 

20 U.S.C. 5150). 

21 SEC. 540. None of the funds made available in the 

22 Act may be used to reimburse L.B.& B. Associates, Inc. 

23 or Olgoonik Logistics, LLC (or both) for attorneys fees 

24 related to pending litigation against Local 30 of the Inter25 national Union of Operating Engineers. 
64 

HR 5441 RS 

1 SEC. 541. The amounts otherwise provided by this 

2 Act are revised by reducing the amount made available 

3 for ‘‘DEPARTMENTAL MANAGEMENT AND OPER4 ATIONS—OFFICE OF THE SECRETARY AND EXECUTIVE

5 MANAGEMENT’’, and increasing the amount made avail6 able for ‘‘OFFICE OF GRANTS AND TRAINING—FIRE7 FIGHTER ASSISTANCE GRANTS’’ (for increasing the 

8 amount under such heading to carry out section 33 of the 

9 Federal Fire Prevention Control Act of 1974 by 

10 $2,100,000, and increasing the amount under such head11 ing to carry out section 34 of such Act by $2,100,000), 

12 by $4,200,000. 

13 SEC. 542. The amounts otherwise provided by this 

14 Act are revised by increasing the amount made available 

15 for ‘‘United States Secret Service—Protection, Adminis16 tration, and Training’’ and the amount made available for 

17 ‘‘Federal Emergency Management Agency—Readiness, 

18 Mitigation, Response, and Recovery’’ by $2,000,000 re19 spectively. 

20 SEC. 543. None of the the funds appropriated or oth21 erwise made available in this Act may be used in con22 travention of section 642(a) of the Illegal Immigration Re23 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

24 1373(a)). 
65 

HR 5441 RS 

1 SEC. 544. None of the funds made available by this 

2 Act may be used to provide a foreign government informa3 tion relating to the activities of an organized volunteer ci4 vilian action group, as defined by DHS OIG–06–4, oper5 ating in the State of California, Texas, New Mexico, or 

6 Arizona, unless required by international treaty. 

7 This Act may be cited as the ‘‘Department of Home8 land Security Appropriations Act, 2007’’. 

9 That the following sums are appropriated, out of any 

10 money in the Treasury not otherwise appropriated, for the 

11 Department of Homeland Security for the fiscal year end12 ing September 30, 2007, and for other purposes, namely: 

13 TITLE I 

14 DEPARTMENTAL MANAGEMENT AND 

15 OPERATIONS 

16 OFFICE OF THE SECRETARY AND EXECUTIVE

17 MANAGEMENT

18 For necessary expenses of the Office of the Secretary 

19 of Homeland Security, as authorized by section 102 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 112), and execu21 tive management of the Department of Homeland Security, 

22 as authorized by law, $90,122,000: Provided, That not to 

23 exceed $40,000 shall be for official reception and representa24 tion expenses. 
66 

HR 5441 RS 

1 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

2 For necessary expenses of the Office of the Under Sec3 retary for Management, as authorized by sections 701 

4 through 705 of the Homeland Security Act of 2002 (6 

5 U.S.C. 341 through 345), $166,456,000: Provided, That not 

6 to exceed $3,000 shall be for official reception and represen7 tation expenses: Provided further, That of the total amount 

8 provided, $8,206,000 shall remain available until expended 

9 solely for the alteration and improvement of facilities, ten10 ant improvements, and relocation costs to consolidate De11 partment headquarters operations. 

12 OFFICE OF THE CHIEF FINANCIAL OFFICER

13 For necessary expenses of the Office of the Chief Finan14 cial Officer, as authorized by section 103 of the Homeland 

15 Security Act of 2002 (6 U.S.C. 113), $26,018,000. 

16 OFFICE OF THE CHIEF INFORMATION OFFICER

17 For necessary expenses of the Office of the Chief Infor18 mation Officer, as authorized by section 103 of the Home19 land Security Act of 2002 (6 U.S.C. 113), and Department20 wide technology investments, $306,765,000; of which 

21 $79,521,000 shall be available for salaries and expenses; 

22 and of which $227,244,000 shall be available for develop23 ment and acquisition of information technology equipment, 

24 software, services, and related activities for the Department 

25 of Homeland Security, and for the costs of conversion to 
67 

HR 5441 RS 

1 narrowband communications, including the cost for oper2 ation of the land mobile radio legacy systems, to remain 

3 available until expended: Provided, That none of the funds 

4 appropriated shall be used to support or supplement the 

5 appropriations provided for the United States Visitor and 

6 Immigrant Status Indicator Technology project or the 

7 Automated Commercial Environment: Provided further, 

8 That the Chief Information Officer shall submit to the Com9 mittees on Appropriations of the Senate and the House of 

10 Representatives, not more than 60 days after the date of 

11 enactment of this Act, an expenditure plan for all informa12 tion technology projects that: (1) are funded under this 

13 heading; or (2) are funded by multiple components of the 

14 Department of Homeland Security through reimbursable 

15 agreements: Provided further, That such expenditure plan 

16 shall include each specific project funded, key milestones, 

17 all funding sources for each project, details of annual and 

18 lifecycle costs, and projected cost savings or cost avoidance 

19 to be achieved by the project. 

20 ANALYSIS AND OPERATIONS

21 For necessary expenses for information analysis and 

22 operations coordination activities, as authorized by title II 

23 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

24 $298,663,000, to remain available until September 30, 
68 

HR 5441 RS 

1 2008, of which not to exceed $5,000 shall be for official re2 ception and representation expenses. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General 

6 Act of 1978 (5 U.S.C. App.), $87,185,000, of which not to 

7 exceed $100,000 may be used for certain confidential oper8 ational expenses, including the payment of informants, to 

9 be expended at the direction of the Inspector General. 

10 TITLE II 

11 SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

12 UNITED STATES VISITOR AND IMMIGRANT STATUS

13 INDICATOR TECHNOLOGY

14 For necessary expenses for the development of the 

15 United States Visitor and Immigrant Status Indicator 

16 Technology project, as authorized by section 110 of the Ille17 gal Immigration Reform and Immigration Responsibility 

18 Act of 1996 (8 U.S.C. 1221 note), $399,494,000, to remain 

19 available until expended: Provided, That of the total 

20 amount made available under this heading, $200,000,000 

21 may not be obligated for the United States Visitor and Im22 migrant Status Indicator Technology project until the Com23 mittees on Appropriations of the Senate and the House of 

24 Representatives receive and approve a plan for expenditure 

25 prepared by the Secretary of Homeland Security that— 
69 

HR 5441 RS 

1 (1) meets the capital planning and investment 

2 control review requirements established by the Office 

3 of Management and Budget, including Circular A–11, 

4 part 7; 

5 (2) complies with the Department of Homeland 

6 Security information systems enterprise architecture; 

7 (3) complies with the acquisition rules, require8 ments, guidelines, and systems acquisition manage9 ment practices of the Federal Government; 

10 (4) includes a certification by the Chief Informa11 tion Officer of the Department of Homeland Security 

12 that an independent verification and validation agent 

13 is currently under contract for the project; 

14 (5) is reviewed and approved by the Department 

15 of Homeland Security Investment Review Board, the 

16 Secretary of Homeland Security, and the Office of 

17 Management and Budget; and 

18 (6) is reviewed by the Government Account19 ability Office. 

20 CUSTOMS AND BORDER PROTECTION

21 SALARIES AND EXPENSES

22 For necessary expenses for enforcement of laws relating 

23 to border security, immigration, customs, and agricultural 

24 inspections and regulatory activities related to plant and 

25 animal imports; purchase and lease of up to 4,500 (3,500 
70 

HR 5441 RS 

1 for replacement only) police-type vehicles; and contracting 

2 with individuals for personal services abroad; 

3 $5,285,874,000; of which $3,026,000 shall be derived from 

4 the Harbor Maintenance Trust Fund for administrative ex5 penses related to the collection of the Harbor Maintenance 

6 Fee under section 9505(c)(3) of the Internal Revenue Code 

7 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 

8 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 

9 551(e)(1)); of which not to exceed $45,000 shall be for offi10 cial reception and representation expenses; of which not less 

11 than $172,676,000 shall be for Air and Marine Operations; 

12 of which such sums as become available in the Customs User 

13 Fee Account, except sums subject to section 13031(f)(3) of 

14 the Consolidated Omnibus Budget Reconciliation Act of 

15 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that ac16 count; of which not to exceed $150,000 shall be available 

17 for payment for rental space in connection with 

18 preclearance operations; of which not to exceed $1,000,000 

19 shall be for awards of compensation to informants, to be 

20 accounted for solely under the certificate of the Secretary 

21 of Homeland Security: Provided, That for fiscal year 2007, 

22 the overtime limitation prescribed in section 5(c)(1) of the 

23 Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be 

24 $35,000; and notwithstanding any other provision of law, 

25 none of the funds appropriated by this Act may be available 
71 

HR 5441 RS 

1 to compensate any employee of United States Customs and 

2 Border Protection for overtime, from whatever source, in 

3 an amount that exceeds such limitation, except in indi4 vidual cases determined by the Secretary of Homeland Se5 curity, or the designee of the Secretary, to be necessary for 

6 national security purposes, to prevent excessive costs, or in 

7 cases of immigration emergencies. 

8 AUTOMATION MODERNIZATION

9 For expenses for customs and border protection auto10 mated systems, $461,207,000, to remain available until ex11 pended, of which not less than $318,490,000 shall be for 

12 the development of the Automated Commercial Environ13 ment: Provided, That none of the funds made available 

14 under this heading may be obligated for the Automated 

15 Commercial Environment until the Committees on Appro16 priations of the Senate and the House of Representatives 

17 receive and approve a plan for expenditure prepared by the 

18 Secretary of Homeland Security that— 

19 (1) meets the capital planning and investment 

20 control review requirements established by the Office 

21 of Management and Budget, including Circular A–11, 

22 part 7; 

23 (2) complies with the Department of Homeland 

24 Security information systems enterprise architecture; 
72 

HR 5441 RS 

1 (3) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition manage3 ment practices of the Federal Government; 

4 (4) includes a certification by the Chief Informa5 tion Officer of the Department of Homeland Security 

6 that an independent verification and validation agent 

7 is currently under contract for the project; 

8 (5) is reviewed and approved by the Department 

9 of Homeland Security Investment Review Board, the 

10 Secretary of Homeland Security, and the Office of 

11 Management and Budget; and 

12 (6) is reviewed by the Government Account13 ability Office. 

14 TECHNOLOGY MODERNIZATION

15 For expenses for customs and border protection tech16 nology systems, $131,559,000, to remain available until ex17 pended: Provided, That of the funds made available under 

18 this heading, $100,000,000 may not be obligated until the 

19 Committees on Appropriations of the Senate and the House 

20 of Representatives receive and approve a plan for expendi21 ture prepared by the Secretary of Homeland Security 

22 that— 

23 (1) meets the capital planning and investment 

24 control review requirements established by the Office 

25 of Management and Budget, including Circular A–11, 

26 part 7; 
73 

HR 5441 RS 

1 (2) complies with the Department of Homeland 

2 Security information systems enterprise architecture; 

3 (3) complies with the acquisition rules, require4 ments, guidelines, and systems acquisition manage5 ment practices of the Federal Government; 

6 (4) includes a certification by the Chief Informa7 tion Officer of the Department of Homeland Security 

8 that an independent verification and validation agent 

9 is currently under contract for the project; 

10 (5) is reviewed and approved by the Department 

11 of Homeland Security Investment Review Board, the 

12 Secretary of Homeland Security, and the Office of 

13 Management and Budget; and 

14 (6) is reviewed by the Government Account15 ability Office. 

16 AIR AND MARINE INTERDICTION, OPERATIONS, 

17 MAINTENANCE, AND PROCUREMENT

18 (INCLUDING RESCISSION OF FUNDS)

19 For necessary expenses for the operations, mainte20 nance, and procurement of marine vessels, aircraft, un21 manned aerial vehicles, and other related equipment of the 

22 air and marine program, including operational training 

23 and mission-related travel, and rental payments for facili24 ties occupied by the air or marine interdiction and demand 

25 reduction programs, the operations of which include the fol26 lowing: the interdiction of narcotics and other goods; the 
74 

HR 5441 RS 

1 provision of support to Federal, State, and local agencies 

2 in the enforcement or administration of laws enforced by 

3 the Department of Homeland Security; and at the discre4 tion of the Secretary of Homeland Security, the provision 

5 of assistance to Federal, State, and local agencies in other 

6 law enforcement and emergency humanitarian efforts, 

7 $472,499,000, to remain available until expended: Pro8 vided, That no aircraft or other related equipment, with 

9 the exception of aircraft that are one of a kind and have 

10 been identified as excess to United States Customs and Bor11 der Protection requirements and aircraft that have been 

12 damaged beyond repair, shall be transferred to any other 

13 Federal agency, department, or office outside of the Depart14 ment of Homeland Security during fiscal year 2007 without 

15 the prior approval of the Committees on Appropriations of 

16 the Senate and the House of Representatives. 

17 In addition, of the funds appropriated under this 

18 heading in title II of the Department of Homeland Security 

19 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

20 2068) for a covert manned surveillance aircraft, 

21 $14,000,000 are rescinded. 

22 CONSTRUCTION

23 For necessary expenses to plan, construct, renovate, 

24 equip, and maintain buildings and facilities necessary for 

25 the administration and enforcement of the laws relating to 
75 

HR 5441 RS 

1 customs and immigration, $288,084,000, to remain avail2 able until expended. 

3 IMMIGRATION AND CUSTOMS ENFORCEMENT

4 SALARIES AND EXPENSES

5 For necessary expenses for enforcement of immigration 

6 and customs laws, detention and removals, and investiga7 tions; and purchase and lease of up to 2,740 (2,000 for re8 placement only) police-type vehicles; $3,740,357,000, of 

9 which not to exceed $7,500,000 shall be available until ex10 pended for conducting special operations under section 3131 

11 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); 

12 of which not to exceed $15,000 shall be for official reception 

13 and representation expenses; of which not to exceed 

14 $1,000,000 shall be for awards of compensation to inform15 ants, to be accounted for solely under the certificate of the 

16 Secretary of Homeland Security; of which not less than 

17 $102,000 shall be for promotion of public awareness of the 

18 child pornography tipline; of which not less than $203,000 

19 shall be for Project Alert; of which not less than $5,400,000 

20 may be used to facilitate agreements consistent with section 

21 287(g) of the Immigration and Nationality Act (8 U.S.C. 

22 1357(g)); and of which not to exceed $11,216,000 shall be 

23 available to fund or reimburse other Federal agencies for 

24 the costs associated with the care, maintenance, and repa25 triation of smuggled illegal aliens: Provided, That none of 
76 

HR 5441 RS 

1 the funds made available under this heading shall be avail2 able to compensate any employee for overtime in an annual 

3 amount in excess of $35,000, except that the Secretary of 

4 Homeland Security, or the designee of the Secretary, may 

5 waive that amount as necessary for national security pur6 poses and in cases of immigration emergencies: Provided 

7 further, That none of the funds in this Act or any other 

8 appropriations Act may be used to fund any activity other 

9 than those activities funded in fiscal year 2005 to facilitate 

10 agreements consistent with section 287(g) of the Immigra11 tion and Nationality Act (8 U.S.C. 1357(g)): Provided fur12 ther, That of the total amount provided, $15,770,000 shall 

13 be for activities to enforce laws against forced child labor 

14 in fiscal year 2007, of which not to exceed $6,000,000 shall 

15 remain available until expended. 

16 FEDERAL PROTECTIVE SERVICE

17 The revenues and collections of security fees credited 

18 to this account, not to exceed $516,011,000, shall be avail19 able until expended for necessary expenses related to the 

20 protection of federally-owned and leased buildings and for 

21 the operations of the Federal Protective Service. 

22 AUTOMATION MODERNIZATION

23 For expenses of immigration and customs enforcement 

24 automated systems, $20,000,000, to remain available until 

25 expended: Provided, That of the funds made available under 

26 this heading, $16,000,000 may not be obligated until the 
77 

HR 5441 RS 

1 Committees on Appropriations of the Senate and the House 

2 of Representatives receive and approve a plan for expendi3 ture prepared by the Secretary of Homeland Security 

4 that— 

5 (1) meets the capital planning and investment 

6 control review requirements established by the Office 

7 of Management and Budget, including Circular A–11, 

8 part 7; 

9 (2) complies with the Department of Homeland 

10 Security information systems enterprise architecture; 

11 (3) complies with the acquisition rules, require12 ments, guidelines, and systems acquisition manage13 ment practices of the Federal Government; 

14 (4) includes a certification by the Chief Informa15 tion Officer of the Department of Homeland Security 

16 that an independent verification and validation agent 

17 is currently under contract for the project; 

18 (5) is reviewed and approved by the Department 

19 of Homeland Security Investment Review Board, the 

20 Secretary of Homeland Security, and the Office of 

21 Management and Budget; and 

22 (6) is reviewed by the Government Account23 ability Office. 

24 CONSTRUCTION

25 For necessary expenses to plan, construct, renovate, 

26 equip, and maintain buildings and facilities necessary for 
78 

HR 5441 RS 

1 the administration and enforcement of the laws relating to 

2 customs and immigration, $101,281,000, to remain avail3 able until expended. 

4 TRANSPORTATION SECURITY ADMINISTRATION

5 AVIATION SECURITY

6 For necessary expenses of the Transportation Security 

7 Administration related to providing civil aviation security 

8 services under the Aviation and Transportation Security 

9 Act (49 U.S.C. 40101 note; Public Law 107–71; 115 Stat. 

10 597), $4,751,580,000, to remain available until September 

11 30, 2008, of which not to exceed $10,000 shall be for official 

12 reception and representation expenses: Provided, That of the 

13 total amount made available under this heading, not to ex14 ceed $3,790,132,000 shall be for screening operations, of 

15 which $141,400,000 shall be available only for procurement 

16 of checked baggage explosive detection systems and 

17 $171,500,000 shall be available only for installation of 

18 checked baggage explosive detection systems; and not to ex19 ceed $961,448,000 shall be for aviation security direction 

20 and enforcement presence: Provided further, That of the 

21 funds appropriated under this heading, $25,000,000 shall 

22 not be obligated until after the Secretary of Homeland Secu23 rity submits to the Committees on Appropriations of the 

24 Senate and the House of Representatives a detailed report 

25 in response to findings in the Department of Homeland Se-
79 

HR 5441 RS 

1 curity Office of Inspector General report (OIG–04–44) con2 cerning contractor fees: Provided further, That security 

3 service fees authorized under section 44940 of title 49, 

4 United States Code, shall be credited to this appropriation 

5 as offsetting collections and shall be available only for avia6 tion security: Provided further, That the sum herein appro7 priated from the General Fund shall be reduced on a dollar8 for-dollar basis as such offsetting collections are received 

9 during fiscal year 2007, so as to result in a final fiscal 

10 year appropriation from the General Fund estimated at not 

11 more than $2,331,580,000 Provided further, That any secu12 rity service fees collected in excess of the amount made 

13 available under this heading shall become available during 

14 fiscal year 2008: Provided further, That notwithstanding 

15 section 44923 of title 49, United States Code, the share of 

16 the cost of the Federal Government for a project under any 

17 letter of intent shall be 75 percent for any medium or large 

18 hub airport and not more than 90 percent for any other 

19 airport, and all funding provided by section 44923(h) of 

20 title 49 United States Code, or from appropriations author21 ized under section 44923(i)(1) of title 49, United States 

22 Code, may be distributed in any manner determined nec23 essary to ensure aviation security and to fulfill the Govern24 ment’s planned cost share under existing letters of intent: 

25 Provided further, That Members of the United States House 
80 

HR 5441 RS 

1 of Representatives and United States Senate, including the 

2 leadership; and the heads of Federal agencies and commis3 sions, including the Secretary, Under Secretaries, and As4 sistant Secretaries of the Department of Homeland Secu5 rity; the United States Attorney General and Assistant At6 torneys General and the United States attorneys; and senior 

7 members of the Executive Office of the President, including 

8 the Director of the Office of Management and Budget; shall 

9 not be exempt from Federal passenger and baggage screen10 ing: Provided further, That beginning in fiscal year 2007 

11 and thereafter, reimbursement for security services and re12 lated equipment and supplies provided in support of gen13 eral aviation access to the Ronald Reagan Washington Na14 tional Airport shall be credited to this appropriation and 

15 shall be available until expended solely for these purposes. 

16 SURFACE TRANSPORTATION SECURITY

17 For necessary expenses of the Transportation Security 

18 Administration related to providing surface transportation 

19 security activities, $37,200,000, to remain available until 

20 September 30, 2008. 

21 TRANSPORTATION THREAT ASSESSMENT AND

22 CREDENTIALING

23 For necessary expenses for the development and imple24 mentation of screening programs of the Office of Transpor25 tation Threat Assessment and Credentialing, $29,700,000, 

26 to remain available until September 30, 2008. 
81 

HR 5441 RS 

1 TRANSPORTATION SECURITY SUPPORT

2 For necessary expenses of the Transportation Security 

3 Administration related to providing transportation secu4 rity support and intelligence under the Aviation and 

5 Transportation Security Act (Public Law 107–71; 115 

6 Stat. 597; 49 U.S.C. 40101 note), $618,865,000, to remain 

7 available until September 30, 2008. 

8 FEDERAL AIR MARSHALS

9 For necessary expenses of the Federal Air Marshals, 

10 $699,294,000. 

11 UNITED STATES COAST GUARD

12 OPERATING EXPENSES

13 For necessary expenses for the operation and mainte14 nance of the United States Coast Guard not otherwise pro15 vided for; purchase or lease of not to exceed 25 passenger 

16 motor vehicles, which shall be for replacement only; pay17 ments under section 156 of Public Law 97–377 (42 U.S.C. 

18 402 note; 96 Stat. 1920); and recreation and welfare; 

19 $5,534,349,000, of which $340,000,000 shall be for defense20 related activities; of which $24,255,000 shall be derived 

21 from the Oil Spill Liability Trust Fund to carry out the 

22 purposes of section 1012(a)(5) of the Oil Pollution Act of 

23 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed 

24 $10,000 shall be for official reception and representation 

25 expenses: Provided, That none of the funds made available 

26 by this or any other Act shall be available for administra-
82 

HR 5441 RS 

1 tive expenses in connection with shipping commissioners in 

2 the United States: Provided further, That none of the funds 

3 made available by this Act shall be for expenses incurred 

4 for yacht documentation under section 12109 of title 46, 

5 United States Code, except to the extent fees are collected 

6 from yacht owners and credited to this appropriation. 

7 ENVIRONMENTAL COMPLIANCE AND RESTORATION

8 For necessary expenses to carry out the environmental 

9 compliance and restoration functions of the United States 

10 Coast Guard under chapter 19 of title 14, United States 

11 Code, $10,880,000, to remain available until expended. 

12 RESERVE TRAINING

13 For necessary expenses of the Coast Guard Reserve, as 

14 authorized by law; operations and maintenance of the re15 serve program; personnel and training costs; and equipment 

16 and services; $123,948,000. 

17 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

18 (INCLUDING RESCISSIONS OF FUNDS)

19 For necessary expenses of acquisition, construction, 

20 renovation, and improvement of aids to navigation, shore 

21 facilities, vessels, and aircraft, including equipment related 

22 thereto; and maintenance, rehabilitation, lease and oper23 ation of facilities and equipment, as authorized by law; 

24 $1,145,329,000, of which $19,800,000 shall be derived from 

25 the Oil Spill Liability Trust Fund to carry out the purposes 

26 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
83 

HR 5441 RS 

1 U.S.C. 2712(a)(5)); of which $24,750,000 shall be available 

2 until September 30, 2011, to acquire, repair, renovate, or 

3 improve vessels, small boats, and related equipment; of 

4 which $14,000,000 shall be available until September 30, 

5 2011, to increase aviation capability; of which $92,268,000 

6 shall be available until September 30, 2009, for other equip7 ment; of which $20,680,000 shall be available until Sep8 tember 30, 2009, for shore facilities and aids to navigation 

9 facilities; and of which $993,631,000 shall be available until 

10 September 30, 2011, for the Integrated Deepwater Systems 

11 program: Provided, That the Commandant of the Coast 

12 Guard is authorized to dispose of surplus real property, by 

13 sale or lease, and the proceeds shall be credited to this ap14 propriation as offsetting collections and shall be available 

15 until September 30, 2009: Provided further, That the Sec16 retary of Homeland Security shall submit to the Commit17 tees on Appropriations of the Senate and the House of Rep18 resentatives, in conjunction with the President’s fiscal year 

19 2008 budget, a review of the Revised Deepwater Implemen20 tation Plan that identifies any changes to the plan for the 

21 fiscal year; an annual performance comparison of Deep22 water assets to pre-Deepwater legacy assets; a status report 

23 of legacy assets; a detailed explanation of how the costs of 

24 legacy assets are being accounted for within the Deepwater 

25 program; an explanation of why many assets that are ele-
84 

HR 5441 RS 

1 ments of the Integrated Deepwater System are not ac2 counted for within the Deepwater appropriation under this 

3 heading; a description of the competitive process conducted 

4 in all contracts and subcontracts exceeding $5,000,000 

5 within the Deepwater program; a description of how the 

6 Coast Guard is planning for the human resource needs of 

7 Deepwater assets; and the earned value management system 

8 gold card data for each Deepwater asset: Provided further, 

9 That the Secretary shall submit to the Committees on Ap10 propriations of the Senate and the House of Representatives 

11 a comprehensive review of the Revised Deepwater Imple12 mentation Plan every 5 years, beginning in fiscal year 

13 2011, that includes a complete projection of the acquisition 

14 costs and schedule for the duration of the plan through fiscal 

15 year 2027: Provided further, That the Secretary shall annu16 ally submit to the Committees on Appropriations of the 

17 Senate and the House of Representatives, at the time that 

18 the President’s budget is submitted under section 1105(a) 

19 of title 31, United States Code, a future-years capital in20 vestment plan for the Coast Guard that identifies for each 

21 capital budget line item— 

22 (1) the proposed appropriation included in that 

23 budget; 

24 (2) the total estimated cost of completion; 
85 

HR 5441 RS 

1 (3) projected funding levels for each fiscal year 

2 for the next five fiscal years or until project comple3 tion, whichever is earlier; 

4 (4) an estimated completion date at the projected 

5 funding levels; and 

6 (5) changes, if any, in the total estimated cost of 

7 completion or estimated completion date from pre8 vious future-years capital investment plans submitted 

9 to the Committees on Appropriations of the Senate 

10 and the House of Representatives: 

11 Provided further, That the Secretary shall ensure that 

12 amounts specified in the future-years capital investment 

13 plan are consistent to the maximum extent practicable with 

14 proposed appropriations necessary to support the programs, 

15 projects, and activities of the Coast Guard in the President’s 

16 budget as submitted under section 1105(a) of title 31, 

17 United States Code, for that fiscal year: Provided further, 

18 That any inconsistencies between the capital investment 

19 plan and proposed appropriations shall be identified and 

20 justified. 

21 In addition, of the funds appropriated under this 

22 heading in title II of the Department of Homeland Security 

23 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

24 2087), $79,200,000 are rescinded from the unexpended bal25 ances specifically identified in the Joint Explanatory 
86 

HR 5441 RS 

1 Statement (House Report 109–241) accompanying that Act 

2 for the Fast Response Cutter, the service life extension pro3 gram of the current 110-foot Island Class patrol boat fleet, 

4 and accelerated design and production of the Fast Response 

5 Cutter. 

6 In addition, of the funds appropriated under this 

7 heading in title II of the Department of Homeland Security 

8 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

9 2087), $1,933,000 are rescinded from the unexpended bal10 ances specifically identified in the Joint Explanatory 

11 Statement (House Report 109–241) accompanying that Act 

12 for the covert surveillance aircraft. 

13 In addition, of the funds appropriated under this 

14 heading in title II of the Department of Homeland Security 

15 Appropriations Act, 2006 (Public Law 109–90; 119 Stat. 

16 2087), $1,835,000 are rescinded from the unexpended bal17 ances specifically identified in the Joint Explanatory 

18 Statement (House Report 109–241) accompanying that Act 

19 for the automatic identification system. 

20 ALTERATION OF BRIDGES

21 For necessary expenses for alteration or removal of ob22 structive bridges, as authorized by section 6 of the Truman23 Hobbs Act (33 U.S.C. 516), $15,000,000, to remain avail24 able until expended. 
87 

HR 5441 RS 

1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific research, 

3 development, test, and evaluation; and for maintenance, re4 habilitation, lease, and operation of facilities and equip5 ment; as authorized by law; $17,573,000, to remain avail6 able until expended, of which $495,000 shall be derived from 

7 the Oil Spill Liability Trust Fund to carry out the purposes 

8 of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2712(a)(5)): Provided, That there may be credited 

10 to and used for the purposes of this appropriation funds 

11 received from State and local governments, other public au12 thorities, private sources, and foreign countries for expenses 

13 incurred for research, development, testing, and evaluation. 

14 RETIRED PAY

15 For retired pay, including the payment of obligations 

16 otherwise chargeable to lapsed appropriations for this pur17 pose, payments under the Retired Serviceman’s Family 

18 Protection and Survivor Benefits Plans, payment for career 

19 status bonuses, concurrent receipts and combat-related spe20 cial compensation under the National Defense Authoriza21 tion Act, and payments for medical care of retired per22 sonnel and their dependents under chapter 55 of title 10, 

23 United States Code, $1,063,323,000. 
88 

HR 5441 RS 

1 UNITED STATES SECRET SERVICE

2 PROTECTION, ADMINISTRATION, AND TRAINING

3 For necessary expenses of the United States Secret 

4 Service, including purchase of not to exceed 755 vehicles 

5 for police-type use, of which 624 shall be for replacement 

6 only, and hire of passenger motor vehicles; purchase of mo7 torcycles made in the United States; hire of aircraft; serv8 ices of expert witnesses at such rates as may be determined 

9 by the Director of the Secret Service; rental of buildings 

10 in the District of Columbia, and fencing, lighting, guard 

11 booths, and other facilities on private or other property not 

12 in Government ownership or control, as may be necessary 

13 to perform protective functions; payment of per diem or 

14 subsistence allowances to employees where a protective as15 signment during the actual day or days of the visit of a 

16 protectee requires an employee to work 16 hours per day 

17 or to remain overnight at a post of duty; conduct of and 

18 participation in firearms matches; presentation of awards; 

19 travel of Secret Service employees on protective missions 

20 without regard to the limitations on such expenditures in 

21 this or any other Act if approval is obtained in advance 

22 from the Committees on Appropriations of the Senate and 

23 the House of Representatives; research and development; 

24 grants to conduct behavioral research in support of protec25 tive research and operations; and payment in advance for 
89 

HR 5441 RS 

1 commercial accommodations as may be necessary to per2 form protective functions; $918,028,000, of which not to ex3 ceed $25,000 shall be for official reception and representa4 tion expenses: Provided, That up to $18,000,000 provided 

5 for protective travel shall remain available until September 

6 30, 2008: Provided further, That the United States Secret 

7 Service is authorized to obligate funds in anticipation of 

8 reimbursements from Federal agencies and entities, as de9 fined in section 105 of title 5, United States Code, receiving 

10 training sponsored by the James J. Rowley Training Cen11 ter, except that total obligations at the end of the fiscal year 

12 shall not exceed total budgetary resources available under 

13 this heading at the end of the fiscal year. 

14 INVESTIGATIONS AND FIELD OPERATIONS

15 For necessary expenses for investigations and field op16 erations of the United States Secret Service, not otherwise 

17 provided for, including costs related to office space and serv18 ices of expert witnesses at such rate as may be determined 

19 by the Director of the Secret Service, $304,205,000; of which 

20 not to exceed $100,000 shall be to provide technical assist21 ance and equipment to foreign law enforcement organiza22 tions in counterfeit investigations; of which $2,366,000 shall 

23 be for forensic and related support of investigations of miss24 ing and exploited children; and of which $6,000,000 shall 

25 be a grant for activities related to the investigations of miss-
90 

HR 5441 RS 

1 ing and exploited children and shall remain available until 

2 expended. 

3 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

4 RELATED EXPENSES

5 For necessary expenses for acquisition, construction, 

6 repair, alteration, and improvement of facilities, 

7 $3,725,000, to remain available until expended. 

8 TITLE III 

9 PREPAREDNESS AND RECOVERY 

10 PREPAREDNESS 

11 MANAGEMENT AND ADMINISTRATION

12 For salaries and expenses of the Office of the Under 

13 Secretary for Preparedness, the Office of the Chief Medical 

14 Officer, and the Office of National Capital Region Coordi15 nation, $30,572,000, of which $8,000,000 shall be for the 

16 National Preparedness Integration Program: Provided, 

17 That none of the funds made available under this heading 

18 may be obligated for the National Preparedness Integration 

19 Program until the Committees on Appropriations of the 

20 Senate and the House of Representatives receive and ap21 prove a plan for expenditure prepared by the Secretary of 

22 Homeland Security: Provided further, That not to exceed 

23 $7,000 shall be for official reception and representation ex24 penses. 
91 

HR 5441 RS 

1 OFFICE FOR DOMESTIC PREPAREDNESS

2 STATE AND LOCAL PROGRAMS

3 For grants, contracts, cooperative agreements, and 

4 other activities, including grants to State and local govern5 ments for terrorism prevention activities, notwithstanding 

6 any other provision of law, $2,393,500,000, which shall be 

7 allocated as follows: 

8 (1) $500,000,000 for formula-based grants and 

9 $350,000,000 for law enforcement terrorism preven10 tion grants under section 1014 of the USA PATRIOT 

11 ACT (42 U.S.C. 3714): Provided, That the applica12 tion for grants shall be made available to States with13 in 45 days after the date of enactment of this Act; 

14 that States shall submit applications within 90 days 

15 after the grant announcement; and that the Office for 

16 Domestic Preparedness shall act within 90 days after 

17 the grant announcement: Provided further, That not 

18 less than 80 percent of any grant under this para19 graph to a State (other than Puerto Rico) shall be 

20 made available by the State to local governments 

21 within 60 days after the receipt of the funds. 

22 (2) $1,172,000,000 for discretionary grants, as 

23 determined by the Secretary of Homeland Security, of 

24 which— 
92 

HR 5441 RS 

1 (A) $745,000,000 shall be for use in high2 threat, high-density urban areas; 

3 (B) $210,000,000 shall be for port security 

4 grants for the purposes of section 70107(a) 

5 through (h) of title 46, United States Code, 

6 which shall be awarded based on risk notwith7 standing subsection (a), for eligible costs as de8 fined in subsections (b)(2), (3), and (4); 

9 (C) $5,000,000 shall be for trucking indus10 try security grants; 

11 (D) $12,000,000 shall be for intercity bus 

12 security grants; 

13 (E) $150,000,000 shall be for intercity pas14 senger rail transportation (as defined in section 

15 24102 of title 49, United States Code), freight 

16 rail, and transit security grants; and 

17 (F) $50,000,000 shall be for buffer zone pro18 tection grants: 

19 Provided, That for grants under subparagraph (A), 

20 the application for grants shall be made available to 

21 States within 45 days after the date of enactment of 

22 this Act; that States shall submit applications within 

23 90 days after the grant announcement; and that the 

24 Office for Domestic Preparedness shall act within 90 

25 days after receipt of an application: Provided further, 
93 

HR 5441 RS 

1 That not less than 80 percent of any grant under this 

2 paragraph to a State shall be made available by the 

3 State to local governments within 60 days after the 

4 receipt of the funds. 

5 (3) $40,000,000 shall be available for the Com6 mercial Equipment Direct Assistance Program. 

7 (4) $331,500,000 for training, exercises, technical 

8 assistance, and other programs: 

9 Provided, That none of the grants provided under this head10 ing shall be used for the construction or renovation of facili11 ties, except for a minor perimeter security project, not to 

12 exceed $1,000,000, as determined necessary by the Secretary 

13 of Homeland Security: Provided further, That the pro14 ceeding proviso shall not apply to grants under subpara15 graphs (B), (E), and (F) of paragraph (2) of this heading: 

16 Provided further, That grantees shall provide additional re17 ports on their use of funds, as determined necessary by the 

18 Secretary of Homeland Security: Provided further, That 

19 funds appropriated for law enforcement terrorism preven20 tion grants under paragraph (1) and discretionary grants 

21 under paragraph (2)(A) of this heading shall be available 

22 for operational costs, to include personnel overtime and 

23 overtime associated with Office for Domestic Preparedness 

24 certified training, as needed: Provided further, That the 

25 Government Accountability Office shall report on the valid-
94 

HR 5441 RS 

1 ity, relevance, reliability, timeliness, and availability of the 

2 risk factors (including threat, vulnerability, and con3 sequence) used by the Secretary for the purpose of allocating 

4 discretionary grants funded under this heading, and the ap5 plication of those factors in the allocation of funds to the 

6 Committees on Appropriations of the Senate and the House 

7 of Representatives on its findings not later than 45 days 

8 after the date of enactment of this Act: Provided further, 

9 That within 7 days after the date of enactment of this Act, 

10 the Secretary shall provide the Government Accountability 

11 Office with the threat and risk methodology and factors that 

12 will be used to allocate discretionary grants funded under 

13 this heading. 

14 FIREFIGHTER ASSISTANCE GRANTS

15 For necessary expenses for programs authorized by the 

16 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

17 2201 et seq.), $655,000,000, of which $540,000,000 shall be 

18 available to carry out section 33 of that Act (15 U.S.C. 

19 2229) and $115,000,000 shall be available to carry out sec20 tion 34 (15 U.S.C. 2229a) of that Act, to remain available 

21 until September 30, 2008: Provided, That not to exceed 5 

22 percent of this amount shall be available for program ad23 ministration. 

24 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

25 For necessary expenses for emergency management 

26 performance grants, as authorized by the National Flood 
95 

HR 5441 RS 

1 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert 

2 T. Stafford Disaster Relief and Emergency Assistance Act 

3 (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc4 tion Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganiza5 tion Plan No. 3 of 1978 (5 U.S.C. App.), $205,000,000: Pro6 vided, That total administrative costs shall not exceed 3 

7 percent of the total appropriation. 

8 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

9 The aggregate charges assessed during fiscal year 2007, 

10 as authorized in title III of the Departments of Veterans 

11 Affairs and Housing and Urban Development, and Inde12 pendent Agencies Appropriations Act, 1999 (42 U.S.C. 

13 5196e), shall not be less than 100 percent of the amounts 

14 anticipated by the Department of Homeland Security nec15 essary for its radiological emergency preparedness program 

16 for the next fiscal year: Provided, That the methodology for 

17 assessment and collection of fees shall be fair and equitable 

18 and shall reflect costs of providing such services, including 

19 administrative costs of collecting such fees: Provided fur20 ther, That fees received under this heading shall be deposited 

21 in this account as offsetting collections and will become 

22 available for authorized purposes on October 1, 2007, and 

23 remain available until expended. 
96 

HR 5441 RS 

1 UNITED STATES FIRE ADMINISTRATION AND TRAINING

2 For necessary expenses of the United States Fire Ad3 ministration and for other purposes, as authorized by the 

4 Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 

5 2201 et seq.) and the Homeland Security Act of 2002 (6 

6 U.S.C. 101 et seq.), $45,887,000. 

7 INFRASTRUCTURE PROTECTION AND INFORMATION

8 SECURITY

9 For necessary expenses for infrastructure protection 

10 and information security programs and activities, as au11 thorized by title II of the Homeland Security Act of 2002 

12 (6 U.S.C. 121 et seq.), $525,056,000, of which $442,547,000 

13 shall remain available until September 30, 2008: Provided, 

14 That of the amount made available under this heading, 

15 $20,000,000 may not be obligated until the Secretary sub16 mits to the Committees on Appropriations of the Senate and 

17 House of Representatives the report required in House Re18 port 109–241 accompanying the Department of Homeland 

19 Security Appropriations Act, 2006 (Public Law 109–90) 

20 on resources necessary to implement mandatory security re21 quirements for the Nation’s chemical sector and to create 

22 a system for auditing and ensuring compliance with the 

23 security standards. 
97 

HR 5441 RS 

1 FEDERAL EMERGENCY MANAGEMENT AGENCY 

2 ADMINISTRATIVE AND REGIONAL OPERATIONS

3 For necessary expenses for administrative and regional 

4 operations, $249,499,000, including activities authorized by 

5 the National Flood Insurance Act of 1968 (42 U.S.C. 4001 

6 et seq.), the Robert T. Stafford Disaster Relief and Emer7 gency Assistance Act (42 U.S.C. 5121 et seq.), the Earth8 quake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 

9 seq.), the Defense Production Act of 1950 (50 U.S.C. App. 

10 2061 et seq.), sections 107 and 303 of the National Security 

11 Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 

12 3 of 1978 (5 U.S.C. App.), and the Homeland Security Act 

13 of 2002 (6 U.S.C. 101 et seq.): Provided, That not to exceed 

14 $3,000 shall be for official reception and representation ex15 penses. 

16 READINESS, MITIGATION, RESPONSE, AND RECOVERY

17 For necessary expenses for readiness, mitigation, re18 sponse, and recovery activities, $240,000,000, including ac19 tivities authorized by the National Flood Insurance Act of 

20 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Dis21 aster Relief and Emergency Assistance Act (42 U.S.C. 5121 

22 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 

23 U.S.C. 7701 et seq.), the Defense Production Act of 1950 

24 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 

25 National Security Act of 1947 (50 U.S.C. 404, 405), Reor-
98 

HR 5441 RS 

1 ganization Plan No. 3 of 1978 (5 U.S.C. App.), and the 

2 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.): Pro3 vided, That of the total amount made available under this 

4 heading, $30,000,000 shall be for Urban Search and Rescue 

5 Teams, of which not to exceed $1,600,000 may be made 

6 available for administrative costs. 

7 PUBLIC HEALTH PROGRAMS

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for countering potential bio10 logical, disease, and chemical threats to civilian popu11 lations, $33,885,000: Provided, That the total amount ap12 propriated and, notwithstanding any other provision of 

13 law, the functions, personnel, assets, and liabilities of the 

14 National Disaster Medical System established under section 

15 2811(b) of the Public Health Service Act (42 U.S.C. 300hh– 

16 11(b)), including any functions of the Secretary of Home17 land Security relating to such System, shall be permanently 

18 transferred to the Secretary of the Department of Health 

19 and Human Services effective January 1, 2007. 

20 DISASTER RELIEF

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses in carrying out the Robert T. 

23 Stafford Disaster Relief and Emergency Assistance Act (42 

24 U.S.C. 5121 et seq.), $1,640,000,000, to remain available 

25 until expended: Provided, That of the total amount pro-
99 

HR 5441 RS 

1 vided, not to exceed $15,000,000 shall be transferred to the 

2 Department of Homeland Security Office of Inspector Gen3 eral for audits and investigations related to natural disas4 ters subject to section 503 of this Act. 

5 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

6 For administrative expenses to carry out the direct 

7 loan program, as authorized by section 319 of the Robert 

8 T. Stafford Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5162), $569,000: Provided, That gross obliga10 tions for the principal amount of direct loans shall not ex11 ceed $25,000,000: Provided further, That the cost of modi12 fying such loans shall be as defined in section 502 of the 

13 Congressional Budget Act of 1974 (2 U.S.C. 661a). 

14 FLOOD MAP MODERNIZATION FUND

15 For necessary expenses under section 1360 of the Na16 tional Flood Insurance Act of 1968 (42 U.S.C. 4101), 

17 $198,980,000, and such additional sums as may be pro18 vided by State and local governments or other political sub19 divisions for cost-shared mapping activities under section 

20 1360(f)(2) of such Act, to remain available until expended: 

21 Provided, That total administrative costs shall not exceed 

22 3 percent of the total appropriation. 
100 

HR 5441 RS 

1 NATIONAL FLOOD INSURANCE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities under the National Flood Insurance Act 

4 of 1968 (42 U.S.C. 4001 et seq.), and the Flood Disaster 

5 Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

6 $128,588,000, which is available as follows: (1) not to ex7 ceed $38,230,000 for salaries and expenses associated with 

8 flood mitigation and flood insurance operations; and (2) 

9 not to exceed $90,358,000 for flood hazard mitigation which 

10 shall be derived from offsetting collections assessed and col11 lected under section 1307 of the National Flood Insurance 

12 Act of 1968 (42 U.S.C. 4001 et seq.), to remain available 

13 until September 30, 2008, including up to $31,000,000 for 

14 flood mitigation expenses under section 1366 of that Act, 

15 which amount shall be available for transfer to the National 

16 Flood Mitigation Fund until September 30, 2008: Provided, 

17 That in fiscal year 2007, no funds in excess of: (1) 

18 $70,000,000 for operating expenses; (2) $692,999,000 for 

19 commissions and taxes of agents; (3) such sums as necessary 

20 for interest on Treasury borrowings shall be available from 

21 the National Flood Insurance Fund; and (4) not to exceed 

22 $50,000,000 for flood mitigation actions with respect to se23 vere repetitive loss properties under section 1361A of that 

24 Act and repetitive insurance claims properties under sec25 tion 1323 of that Act, which shall remain available until 
101 

HR 5441 RS 

1 expended: Provided further, That total administrative costs 

2 shall not exceed 3 percent of the total appropriation. 

3 NATIONAL FLOOD MITIGATION FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 Notwithstanding subparagraphs (B) and (C) of sub6 section (b)(3), and subsection (f), of section 1366 of the Na7 tional Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

8 $31,000,000, to remain available until September 30, 2008, 

9 for activities designed to reduce the risk of flood damage 

10 to structures pursuant to such Act, of which $31,000,000 

11 shall be derived from the National Flood Insurance Fund. 

12 NATIONAL PRE-DISASTER MITIGATION FUND

13 For a pre-disaster mitigation grant program under 

14 title II of the Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5131 et seq.), $149,978,000, 

16 to remain available until expended: Provided, That grants 

17 made for pre-disaster mitigation shall be awarded on a 

18 competitive basis subject to the criteria in section 203(g) 

19 of such Act (42 U.S.C. 5133(g)), and notwithstanding sec20 tion 203(f) of such Act, shall be made without reference to 

21 State allocations, quotas, or other formula-based allocation 

22 of funds: Provided further, That total administrative costs 

23 shall not exceed 3 percent of the total appropriation. 
102 

HR 5441 RS 

1 EMERGENCY FOOD AND SHELTER

2 To carry out an emergency food and shelter program 

3 under title III of the Stewart B. McKinney Homeless Assist4 ance Act (42 U.S.C. 11331 et seq.), $151,470,000, to remain 

5 available until expended: Provided, That total administra6 tive costs shall not exceed 3.5 percent of the total appropria7 tion. 

8 TITLE IV 

9 RESEARCH AND DEVELOPMENT, TRAINING, AND 

10 SERVICES 

11 UNITED STATES CITIZENSHIP AND IMMIGRATION

12 SERVICES

13 For necessary expenses for citizenship and immigra14 tion services, $134,990,000. 

15 FEDERAL LAW ENFORCEMENT TRAINING CENTER

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Law Enforce18 ment Training Center, including materials and support 

19 costs of Federal law enforcement basic training; purchase 

20 of not to exceed 117 vehicles for police-type use and hire 

21 of passenger motor vehicles; expenses for student athletic 

22 and related activities; the conduct of and participation in 

23 firearms matches and presentation of awards; public aware24 ness and enhancement of community support of law enforce25 ment training; room and board for student interns; a flat 
103 

HR 5441 RS 

1 monthly reimbursement to employees authorized to use per2 sonal mobile phones for official duties; and services as au3 thorized by section 3109 of title 5, United States Code; 

4 $207,634,000, of which up to $43,910,000 for materials and 

5 support costs of Federal law enforcement basic training 

6 shall remain available until September 30, 2008; of which 

7 $300,000 shall remain available until expended for Federal 

8 law enforcement agencies participating in training accredi9 tation, to be distributed as determined by the Federal Law 

10 Enforcement Training Center for the needs of participating 

11 agencies; and of which not to exceed $12,000 shall be for 

12 official reception and representation expenses: Provided, 

13 That the Center is authorized to obligate funds in anticipa14 tion of reimbursements from agencies receiving training 

15 sponsored by the Center, except that total obligations at the 

16 end of the fiscal year shall not exceed total budgetary re17 sources available at the end of the fiscal year. 

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For acquisition of necessary additional real property 

21 and facilities, construction, and ongoing maintenance, fa22 cility improvements, and related expenses of the Federal 

23 Law Enforcement Training Center, $63,246,000, to remain 

24 available until expended: Provided, That the Center is au25 thorized to accept reimbursement to this appropriation 
104 

HR 5441 RS 

1 from government agencies requesting the construction of 

2 special use facilities. 

3 SCIENCE AND TECHNOLOGY

4 MANAGEMENT AND ADMINISTRATION

5 For salaries and expenses of the Office of the Under 

6 Secretary for Science and Technology and for management 

7 and administration of programs and activities, as author8 ized by title III of the Homeland Security Act of 2002 (6 

9 U.S.C. 181 et seq.), $106,414,000: Provided, That of the 

10 amount provided under this heading, $60,000,000 shall not 

11 be obligated until the Committees on Appropriations of the 

12 Senate and the House of Representatives receive and ap13 prove an expenditure plan by program, project, and activ14 ity; with a detailed breakdown and justification of the man15 agement and administrative costs for each; prepared by the 

16 Secretary of Homeland Security that has been reviewed by 

17 the Government Accountability Office: Provided further, 

18 That the expenditure plan shall include the method utilized 

19 to derive administration costs in fiscal year 2006 and fiscal 

20 year 2007: Provided further, That not to exceed $3,000 shall 

21 be for official reception and representation expenses. 

22 RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

23 For necessary expenses for science and technology re24 search, including advanced research projects; development; 

25 test and evaluation; acquisition; and operations; as author26 ized by title III of the Homeland Security Act of 2002 (6 
105 

HR 5441 RS 

1 U.S.C. 181 et seq.); $712,041,000, to remain available until 

2 expended: Provided, That no university participating in the 

3 University-based Centers of Excellence Program shall re4 ceive a grant for a period in excess of 3 years: Provided 

5 further, That none of the funds provided under this heading 

6 shall be made available for management and administrative 

7 costs. 

8 DOMESTIC NUCLEAR DETECTION OFFICE

9 MANAGEMENT AND ADMINISTRATION

10 For salaries and expenses of the Domestic Nuclear De11 tection Office and for management and administration of 

12 programs and activities, $30,468,000: Provided, That no 

13 funds will be made available for the reimbursement of indi14 viduals from other Federal agencies or organizations in fis15 cal year 2008: Provided further, That not to exceed $3,000 

16 shall be for official reception and representation expenses. 

17 RESEARCH, DEVELOPMENT, AND OPERATIONS

18 For necessary expenses for radiological and nuclear re19 search, development, testing, evaluation and operations, 

20 $234,024,000, to remain available until expended; and of 

21 which not to exceed $65,000,000 shall be made available for 

22 transformation research and development; and of which no 

23 less than $40,000,000 shall be made available for radiation 

24 portal monitor research and development: Provided, That 

25 of the amount provided, $80,000,000 shall not be obligated 

26 until the Secretary of Homeland Security provides notifica-
106 

HR 5441 RS 

1 tion to the Committees on Appropriations of the Senate and 

2 the House of Representatives that the Domestic Nuclear De3 tection Office has entered into a Memorandum of Under4 standing with each Federal entity and organization: Pro5 vided further, That each Memorandum of Understanding 

6 shall include a description of the role, responsibilities, and 

7 resource commitment of each Federal entity or organization 

8 for the domestic nuclear global architecture. 

9 SYSTEMS ACQUISITION

10 For expenses for the Domestic Nuclear Detection Office 

11 acquisition and deployment of radiological detection sys12 tems in accordance with the global nuclear detection archi13 tecture, $178,000,000, to remain available until September 

14 30, 2009; and of which no less than $143,000,000 shall be 

15 for radiation portal monitors; and of which not to exceed 

16 $5,000,000 shall be for the Surge program: Provided, That 

17 none of the funds provided for the Sodium Iodine Manufac18 turing program shall be made available until a cost-benefit 

19 analysis on the Advance Spectroscopic Portal monitors is 

20 submitted to the Committees on Appropriations of the Sen21 ate and the House of Representatives by the Secretary of 

22 Homeland Security and reviewed by the Government Ac23 countability Office. 
107 

HR 5441 RS 

1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. Subject to the requirements of section 503 

7 of this Act, the unexpended balances of prior appropriations 

8 provided for activities in this Act may be transferred to 

9 appropriation accounts for such activities established under 

10 this Act: Provided, That balances so transferred may be 

11 merged with funds in the applicable established accounts 

12 and thereafter may be accounted for as one fund for the 

13 same time period as originally enacted. 

14 SEC. 503. (a) None of the funds provided by this Act, 

15 provided by previous appropriations Acts to the agencies 

16 in or transferred to the Department of Homeland Security 

17 that remain available for obligation or expenditure in fiscal 

18 year 2007, or provided from any accounts in the Treasury 

19 of the United States derived by the collection of fees avail20 able to the agencies funded by this Act, shall be available 

21 for obligation or expenditure through a reprogramming of 

22 funds that: (1) creates a new program; (2) eliminates a pro23 gram, project, or activity; (3) increases funds for any pro24 gram, project, or activity for which funds have been denied 

25 or restricted by the Congress; (4) proposes to use funds di-
108 

HR 5441 RS 

1 rected for a specific activity by either of the Committees 

2 on Appropriations of the Senate or House of Representa3 tives for a different purpose; or (5) contracts out any func4 tion or activity for which funds have been appropriated for 

5 Federal full-time equivalent positions; unless the Commit6 tees on Appropriations of the Senate and the House of Rep7 resentatives are notified 15 days in advance of such re8 programming of funds. 

9 (b) None of the funds provided by this Act, provided 

10 by previous appropriations Acts to the agencies in or trans11 ferred to the Department of Homeland Security that remain 

12 available for obligation or expenditure in fiscal year 2007, 

13 or provided from any accounts in the Treasury of the 

14 United States derived by the collection of fees available to 

15 the agencies funded by this Act, shall be available for obliga16 tion or expenditure for programs, projects, or activities 

17 through a reprogramming of funds in excess of $5,000,000 

18 or 10 percent, whichever is less, that: (1) augments existing 

19 programs, projects, or activities; (2) reduces by 10 percent 

20 funding for any existing program, project, or activity, or 

21 numbers of personnel by 10 percent as approved by the Con22 gress; or (3) results from any general savings from a reduc23 tion in personnel that would result in a change in existing 

24 programs, projects, or activities as approved by the Con25 gress; unless the Committees on Appropriations of the Sen-
109 

HR 5441 RS 

1 ate and the House of Representatives are notified 15 days 

2 in advance of such reprogramming of funds. 

3 (c) Not to exceed 5 percent of any appropriation made 

4 available for the current fiscal year for the Department of 

5 Homeland Security by this Act or provided by previous ap6 propriations Acts may be transferred between such appro7 priations, but no such appropriations, except as otherwise 

8 specifically provided, shall be increased by more than 10 

9 percent by such transfers: Provided, That any transfer 

10 under this section shall be treated as a reprogramming of 

11 funds under subsection (b) of this section and shall not be 

12 available for obligation unless the Committees on Appro13 priations of the Senate and the House of Representatives 

14 are notified 15 days in advance of such transfer. 

15 (d) Notwithstanding subsections (a), (b), and (c) of 

16 this section, no funds shall be reprogrammed within or 

17 transferred between appropriations after June 30, except in 

18 extraordinary circumstances which imminently threaten 

19 the safety of human life or the protection of property. 

20 SEC. 504. None of the funds appropriated or otherwise 

21 made available to the Department of Homeland Security 

22 may be used to make payments to the ‘‘Department of 

23 Homeland Security Working Capital Fund’’, except for the 

24 activities and amounts allowed in the President’s fiscal 

25 year 2007 budget, excluding sedan service, shuttle service, 
110 

HR 5441 RS 

1 transit subsidy, mail operations, parking, and competitive 

2 sourcing: Provided, That any additional activities and 

3 amounts shall be approved by the Committees on Appro4 priations of the Senate and the House of Representatives 

5 30 days in advance of obligation. 

6 SEC. 505. Except as otherwise specifically provided by 

7 law, not to exceed 50 percent of unobligated balances re8 maining available at the end of fiscal year 2007 from ap9 propriations for salaries and expenses for fiscal year 2007 

10 in this Act shall remain available through September 30, 

11 2008, in the account and for the purposes for which the 

12 appropriations were provided: Provided, That prior to the 

13 obligation of such funds, a request shall be submitted to the 

14 Committees on Appropriations of the Senate and the House 

15 of Representatives for approval in accordance with section 

16 503 of this Act. 

17 SEC. 506. Funds made available by this Act for intel18 ligence activities are deemed to be specifically authorized 

19 by the Congress for purposes of section 504 of the National 

20 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

21 2007 until the enactment of an Act authorizing intelligence 

22 activities for fiscal year 2007. 

23 SEC. 507. The Federal Law Enforcement Training 

24 Center shall lead the Federal law enforcement training ac25 creditation process, to include representatives from the Fed-
111 

HR 5441 RS 

1 eral law enforcement community and non-Federal accredi2 tation experts involved in law enforcement training, to con3 tinue the implementation of measuring and assessing the 

4 quality and effectiveness of Federal law enforcement train5 ing programs, facilities, and instructors. 

6 SEC. 508. None of the funds in this Act may be used 

7 to make a grant allocation, discretionary grant award, dis8 cretionary contract award, or to issue a letter of intent to9 taling in excess of $1,000,000, or to announce publicly the 

10 intention to make such an award, unless the Secretary of 

11 Homeland Security notifies the Committees on Appropria12 tions of the Senate and the House of Representatives at least 

13 3 full business days in advance: Provided, That no notifica14 tion shall involve funds that are not available for obliga15 tion. 

16 SEC. 509. Notwithstanding any other provision of law, 

17 no agency shall purchase, construct, or lease any additional 

18 facilities, except within or contiguous to existing locations, 

19 to be used for the purpose of conducting Federal law enforce20 ment training without the advance approval of the Commit21 tees on Appropriations of the Senate and the House of Rep22 resentatives, except that the Federal Law Enforcement 

23 Training Center is authorized to obtain the temporary use 

24 of additional facilities by lease, contract, or other agreement 
112 

HR 5441 RS 

1 for training which cannot be accommodated in existing 

2 Center facilities. 

3 SEC. 510. The Director of the Federal Law Enforce4 ment Training Center shall schedule basic or advanced law 

5 enforcement training (including both types of training) at 

6 all four training facilities under the control of the Federal 

7 Law Enforcement Training Center to ensure that these 

8 training centers are operated at the highest capacity 

9 throughout the fiscal year. 

10 SEC. 511. None of the funds appropriated or otherwise 

11 made available by this Act may be used for expenses of any 

12 construction, repair, alteration, or acquisition project for 

13 which a prospectus, if required by the Public Buildings Act 

14 of 1959 (40 U.S.C. 3301), has not been approved, except 

15 that necessary funds may be expended for each project for 

16 required expenses for the development of a proposed pro17 spectus. 

18 SEC. 512. None of the funds in this Act may be used 

19 in contravention of the applicable provisions of the Buy 

20 American Act (41 U.S.C. 10a et seq.). 

21 SEC. 513. Notwithstanding any other provision of law, 

22 the authority of the Office of Personnel Management to con23 duct personnel security and suitability background inves24 tigations, update investigations, and periodic reinvestiga25 tions of applicants for, or appointees in, positions in the 
113 

HR 5441 RS 

1 Office of the Secretary and Executive Management, the Of2 fice of the Under Secretary for Management, Analysis and 

3 Operations, Immigration and Customs Enforcement, Direc4 torate for Preparedness, and the Directorate of Science and 

5 Technology of the Department of Homeland Security is 

6 transferred to the Department of Homeland Security: Pro7 vided, That on request of the Department of Homeland Se8 curity, the Office of Personnel Management shall cooperate 

9 with and assist the Department in any investigation or re10 investigation under this section: Provided further, That this 

11 section shall cease to be effective at such time as the Presi12 dent has selected a single agency to conduct security clear13 ance investigations under section 3001(c) of the Intelligence 

14 Reform and Terrorism Prevention Act of 2004 (Public Law 

15 108–458; 50 U.S.C. 435b) and the entity selected under sec16 tion 3001(b) of such Act has reported to Congress that the 

17 agency selected under such section 3001(c) is capable of con18 ducting all necessary investigations in a timely manner or 

19 has authorized the entities within the Department of Home20 land Security covered by this section to conduct their own 

21 investigations under section 3001 of such Act. 

22 SEC. 514. (a) None of the funds provided by this or 

23 previous appropriations Acts may be obligated for deploy24 ment or implementation, on other than a test basis, of the 

25 Secure Flight program or any other follow on or successor 
114 

HR 5441 RS 

1 passenger prescreening programs, until the Secretary of 

2 Homeland Security certifies, and the Government Account3 ability Office reports, to the Committees on Appropriations 

4 of the Senate and the House of Representatives, that all 10 

5 of the conditions contained in paragraphs (1) through (10) 

6 of section 522(a) of the Department of Homeland Security 

7 Appropriations Act, 2005 (Public Law 108–334; 118 Stat. 

8 1319) have been successfully met. 

9 (b) The report required by subsection (a) shall be sub10 mitted within 90 days after the certification required by 

11 such subsection is provided, and periodically thereafter, if 

12 necessary, until the Government Accountability Office con13 firms that all 10 conditions have been successfully met. 

14 (c) During the testing phase permitted by subsection 

15 (a), no information gathered from passengers, foreign or do16 mestic air carriers, or reservation systems may be used to 

17 screen aviation passengers, or delay or deny boarding to 

18 such passengers, except in instances where passenger names 

19 are matched to a Government watch list. 

20 (d) None of the funds provided in this or previous ap21 propriations Acts may be utilized to develop or test algo22 rithms assigning risk to passengers whose names are not 

23 on Government watch lists. 

24 (e) None of the funds provided in this or previous ap25 propriations Acts may be utilized for data or a database 
115 

HR 5441 RS 

1 that is obtained from or remains under the control of a non2 Federal entity: Provided, That this restriction shall not 

3 apply to Passenger Name Record data obtained from air 

4 carriers. 

5 SEC. 515. None of the funds made available in this 

6 Act may be used to amend the oath of allegiance required 

7 by section 337 of the Immigration and Nationality Act (8 

8 U.S.C. 1448). 

9 SEC. 516. None of the funds appropriated by this Act 

10 may be used to process or approve a competition under Of11 fice of Management and Budget Circular A–76 for services 

12 provided as of June 1, 2004, by employees (including em13 ployees serving on a temporary or term basis) of United 

14 States Citizenship and Immigration Services of the Depart15 ment of Homeland Security who are known as of that date 

16 as Immigration Information Officers, Contact Representa17 tives, or Investigative Assistants. 

18 SEC. 517. (a) None of the funds appropriated to the 

19 United States Secret Service by this Act or by previous ap20 propriations Acts may be made available for the protection 

21 of a person, other than persons granted protection under 

22 3056(a) of title 18, United States Code, and the Secretary 

23 of the Department of Homeland Security. 

24 (b) Notwithstanding (a) of this section, the Director 

25 of the United States Secret Service may enter into a fully 
116 

HR 5441 RS 

1 reimbursable agreement to perform such service for 

2 protectees not designated under 3056(a) of title 18, United 

3 States Code. 

4 SEC. 518. The Secretary of Homeland Security, in 

5 consultation with industry stakeholders, shall develop 

6 standards and protocols for increasing the use of explosive 

7 detection equipment to screen air cargo when appropriate. 

8 SEC. 519. (a) The Secretary of Homeland Security is 

9 directed to research, develop, and procure new technologies 

10 to inspect and screen air cargo carried on passenger air11 craft at the earliest date possible. 

12 (b) Existing checked baggage explosive detection equip13 ment and screeners shall be utilized to screen air cargo car14 ried on passenger aircraft to the greatest extent practicable 

15 at each airport until technologies developed under sub16 section (a) are available. 

17 (c) The Transportation Security Administration shall 

18 report air cargo inspection statistics within 15 days of the 

19 close of each quarter of the fiscal year to the Committees 

20 on Appropriations of the Senate and the House of Rep21 resentatives, by airport and air carrier, including any rea22 sons for non-compliance with the second proviso of section 

23 513 of the Department of Homeland Security Appropria24 tions Act, 2005 (Public Law 108–334; 118 Stat. 1317), 

25 within 45 days after the end of the quarter. 
117 

HR 5441 RS 

1 SEC. 520. (a) None of the funds available for obligation 

2 for the transportation worker identification credential pro3 gram shall be used to develop a personalization system that 

4 is executed without fair and open competition for both the 

5 implementation and production of the program and identi6 fication cards. 

7 (b) The Transportation Security Administration shall 

8 certify to the Committees on Appropriations of the Senate 

9 and the House of Representatives not later than December 

10 1, 2006, that the competition required under subsection (a) 

11 has been achieved. 

12 SEC. 521. None of the funds made available in this 

13 Act may be used by any person other than the privacy offi14 cer appointed under section 222 of the Homeland Security 

15 Act of 2002 (6 U.S.C. 142) to alter, direct that changes be 

16 made to, delay, or prohibit the transmission to Congress 

17 of any report prepared under paragraph (5) of such section. 

18 SEC. 522. No funding provided by this or previous ap19 propriation Acts shall be available to pay the salary of any 

20 employee serving as a contracting officer’s technical rep21 resentative (COTR) or anyone acting in a similar or like 

22 capacity who has not received COTR training. 

23 SEC. 523. Except as provided in section 44945 of title 

24 49, United States Code, funds appropriated or transferred 

25 to Transportation Security Administration ‘‘Aviation Se-
118 

HR 5441 RS 

1 curity’’, ‘‘Administration’’ and ‘‘Transportation Security 

2 Support’’ in fiscal years 2004, 2005, and 2006 that are re3 covered or deobligated shall be available only for procure4 ment and installation of explosive detection systems for air 

5 cargo, baggage, and checkpoint screening systems, subject 

6 to section 503 of this Act. 

7 SEC. 524. Not later than 120 days after the date of 

8 enactment of this Act, the Secretary of Homeland Security 

9 shall report to the Committees on Appropriations of the 

10 Senate and the House of Representatives on the progress 

11 that the Department has made in implementing the require12 ments of section 537 of the Department of Homeland Secu13 rity Appropriations Act, 2006 (Public Law 109–90; 119 

14 Stat. 2088), including information on the current proce15 dures regarding access to sensitive security information 

16 (SSI) by civil litigants and the security risks and benefits 

17 of any proposed changes to these procedures: Provided, That 

18 the Secretary shall revise DHS MD 11056 to provide that 

19 when a lawful request is made to publicly release a docu20 ment containing information designated as SSI, the docu21 ment shall be reviewed in a timely manner to determine 

22 whether any information contained in the document meets 

23 the criteria for continued SSI protection under applicable 

24 law and regulation and shall further provide that all por25 tions that no longer require SSI designation be released, 
119 

HR 5441 RS 

1 subject to applicable law, including sections 552 and 552a 

2 of title 5, United States Code. 

3 SEC. 525. RESCISSION. From the unobligated balances 

4 from prior year appropriations made available for Trans5 portation Security Administration ‘‘Aviation Security’’ 

6 and ‘‘Headquarters Administration’’, $4,776,000 are re7 scinded. 

8 SEC. 526. The Department of Homeland Security 

9 Working Capital Fund, established under section 403 of the 

10 Government Management Reform Act of 1994 (31 U.S.C. 

11 501 note; Public Law 103–356), shall continue operations 

12 during fiscal year 2007. 

13 SEC. 527. RESCISSION. Of the unobligated balances 

14 from prior year appropriations made available for the 

15 ‘‘Counterterrorism Fund’’, $16,000,000 are rescinded. 

16 SEC. 528. RESCISSION. From the unobligated balances 

17 from prior year appropriations made available for Trans18 portation Security Administration ‘‘Aviation Security’’, 

19 $61,936,000 are rescinded. 

20 SEC. 529. None of the funds made available in this 

21 Act may be used to enforce section 4025(1) of Public Law 

22 108–458 if the Assistant Secretary (Transportation Secu23 rity Administration) determines that butane lighters are 

24 not a significant threat to civil aviation security: Provided, 

25 That the Assistant Secretary (Transportation Security Ad-
120 

HR 5441 RS 

1 ministration) shall notify the Committees on Appropria2 tions of the Senate and the House of Representatives 15 

3 days in advance of such determination including a report 

4 on whether the effectiveness of screening operations is en5 hanced by suspending enforcement of the prohibition. 

6 SEC. 530. RESCISSIONS. Of the unobligated balances 

7 from prior year appropriations made available for Science 

8 and Technology, $55,000,000 for ‘‘Management and Admin9 istration’’ and $145,000,000 from ‘‘Research, Development, 

10 Acquisition, and Operations’’ are rescinded: Provided, That 

11 of the total amount rescinded from ‘‘Management and Ad12 ministration’’, $30,000,000 shall be from the contingency 

13 fund and $25,000,000 shall be from the Homeland Security 

14 Institute. 

15 SEC. 531. Notwithstanding any other provision of law, 

16 the Secretary of Homeland Security shall consider the Han17 cock County Port and Harbor Commission in Mississippi 

18 eligible under the Federal Emergency Management Agency 

19 Public Assistance Program for all costs incurred for dredg20 ing from navigation channel in Little Lake, Louisiana, 

21 sediment deposited as a result of Hurricane George in 1998: 

22 Provided, That the appropriate Federal share shall apply 

23 to approval of this project. 

24 SEC. 532. The Department of Homeland Security 

25 shall, in approving standards for State and local emergency 
121 

HR 5441 RS 

1 preparedness operational plans under section 613(b)(3) of 

2 the Robert T. Stafford Disaster and Emergency Assistance 

3 Act (42 U.S.C. 5196b(b)(3)), account for the needs of indi4 viduals with household pets and service animals before, dur5 ing, and following a major disaster or emergency: Provided, 

6 That Federal agencies may provide assistance as described 

7 in section 403(a) of the Robert T. Stafford Disaster and 

8 Emergency Assistance Act (42 U.S.C. 5170b(a)) to carry 

9 out the plans described in the previous proviso. 

10 SEC. 533. RESCISSION. From the unexpended balances 

11 of the United States Coast Guard ‘‘Acquisition, Construc12 tion, and Improvements’’ account specifically identified in 

13 the Joint Explanatory Statement (House Report 109–241) 

14 accompanying the Department of Homeland Security Act, 

15 2006 (Public Law 109–90) for the development of the Off16 shore Patrol Cutter, $20,000,000 are rescinded. 

17 SEC. 534. TRANSFER. All obligated and unobligated 

18 balances of funds, totaling not less than $98,552,000, for 

19 the Transportation Security Laboratory shall be transferred 

20 from the Science and Technology ‘‘Research, Development, 

21 Acquisition, and Operations’’ account to the Transpor22 tation Security Administration ‘‘Transportation Security 

23 Support’’ account effective October 1, 2006. 

24 SEC. 535. (a)(1) Within 45 days after the close of each 

25 month, the Chief Financial Officer of the Department of 
122 

HR 5441 RS 

1 Homeland Security shall submit to the Committees on Ap2 propriations of the Senate and the House of Representatives 

3 a monthly budget execution report that sets forth the total 

4 obligational authority appropriated (new budget authority 

5 plus unobligated carryover), undistributed obligational au6 thority, amount allotted, current year obligations, unobli7 gated authority (the difference between total obligational 

8 authority and current year obligations), beginning unex9 pended obligations, year-to-date costs, and year-end unex10 pended obligations, of the Department of Homeland Secu11 rity. 

12 (2) The information required under paragraph (1) 

13 shall be provided for each Departmental component and the 

14 Working Capital Fund at the level of detail shown in the 

15 table of detailed funding recommendations displayed at the 

16 end of the Statement of Managers accompanying the con17 ference report on this Act. 

18 (3) Each report submitted under paragraph (1) shall 

19 include for each Department of Homeland Security compo20 nent the total full-time equivalent for the prior fiscal year, 

21 the on-board total full-time equivalent on September 30 of 

22 the prior fiscal year, the estimated total full-time equivalent 

23 for the current fiscal year, and the on-board total full-time 

24 equivalent on the last day of the month for the applicable 

25 report. 
123 

HR 5441 RS 

1 (b) Obligation authority and transfer authority pro2 vided under section 503 and 504 of this Act shall not be 

3 available unless on the date of a notification under section 

4 503 and 504, the Committees on Appropriations of the Sen5 ate and House of Representatives have received the most re6 cent report required by subsection (a) of this section. 

7 SEC. 536. None of the funds provided by this or pre8 vious appropriations Acts or transferred to the Department 

9 of Homeland Security that remain available for obligation 

10 or expenditure in fiscal year 2007, or provided from any 

11 accounts in the Treasury of the United States derived by 

12 the collection of fees available to the agencies funded by this 

13 Act, shall be available for obligation or expenditure for the 

14 Office of the Federal Coordinator for Gulf Coast Rebuilding 

15 effective October 1, 2006, unless the Committees on Appro16 priations of the Senate and the House of Representatives 

17 receive a reprogramming notification for fiscal year 2006 

18 pursuant to section 503 of Public Law 109–90 and a budget 

19 request and expenditure plan for fiscal year 2007 for this 

20 office. 

21 SEC. 537. The Federal Law Enforcement Training 

22 Center instructor staff shall be classified as inherently gov23 ernmental for the purpose of the Federal Activities Inven24 tory Reform Act of 1998 (31 U.S.C. 501 note). 
124 

HR 5441 RS 

1 SEC. 538. Section 7209(b)(1) of the Intelligence Reform 

2 and Terrorism Prevention Act of 2004 (Public Law 108– 

3 458; 8 U.S.C. 1185 note) is amended by striking from ‘‘(1) 

4 DEVELOPMENT OF PLAN.—The Secretary’’ through 

5 ‘‘7208(k)).’’ and inserting the following: 

6 ‘‘(1) DEVELOPMENT OF PLAN AND IMPLEMENTA7 TION.— 

8 ‘‘(A) The Secretary of Homeland Security, 

9 in consultation with the Secretary of State, shall 

10 develop and implement a plan as expeditiously 

11 as possible to require a passport or other docu12 ment, or combination of documents, deemed by 

13 the Secretary of Homeland Security to be suffi14 cient to denote identity and citizenship, for all 

15 travel into the United States by United States 

16 citizens and by categories of individuals for 

17 whom documentation requirements have pre18 viously been waived under section 212(d)(4)(B) 

19 of the Immigration and Nationality Act (8 

20 U.S.C. 1182(d)(4)(B)). This plan shall be imple21 mented not later than 3 months after the Sec22 retary of State and the Secretary of Homeland 

23 Security make the certifications required in sub24 section (B), or June 1, 2009, whichever is ear25 lier. The plan shall seek to expedite the travel of 
125 

HR 5441 RS 

1 frequent travelers, including those who reside in 

2 border communities, and in doing so, shall make 

3 readily available a registered traveler program 

4 (as described in section 7208(k)). 

5 ‘‘(B) The Secretary of Homeland Security 

6 and the Secretary of State shall jointly certify to 

7 the Committees on Appropriations of the Senate 

8 and the House of Representatives that the fol9 lowing criteria have been met prior to implemen10 tation of Section 7209(b)(1)(A)— 

11 ‘‘(i) the National Institutes of Stand12 ards and Technology has certified that the 

13 card architecture meets the International 

14 Organization for Standardization ISO 

15 14443 security standards, or justifies a de16 viation from such standard; 

17 ‘‘(ii) the technology to be used by the 

18 United States for the passport card, and 

19 any subsequent change to that technology, 

20 has been shared with the governments of 

21 Canada and Mexico; 

22 ‘‘(iii) an agreement has been reached 

23 with the United States Postal Service on the 

24 fee to be charged individuals for the pass25 port card, and a detailed justification has 
126 

HR 5441 RS 

1 been submitted to the Committees on Appro2 priations of the Senate and the House of 

3 Representatives; 

4 ‘‘(iv) an alternative procedure has been 

5 developed for groups of children traveling 

6 across an international border under adult 

7 supervision with parental consent; 

8 ‘‘(v) the necessary technological infra9 structure to process the passport cards has 

10 been installed, and all employees at ports of 

11 entry have been properly trained in the use 

12 of the new technology; 

13 ‘‘(vi) the passport card has been made 

14 available for the purpose of international 

15 travel by United States citizens through 

16 land and sea ports of entry between the 

17 United States and Canada, Mexico, the 

18 Caribbean and Bermuda; and 

19 ‘‘(vii) a single implementation date for 

20 sea and land borders has been established.’’. 

21 SEC. 539. Notwithstanding any time limitation estab22 lished for a grant awarded under title I, chapter 6, Public 

23 Law 106–31, in the item relating to Federal Emergency 

24 Management Agency—Disaster Assistance for Unmet 
127 

HR 5441 RS 

1 Needs, the City of Cuero, Texas, may use funds received 

2 under such grant program until September 30, 2007. 

3 This Act may be cited as the ‘‘Department of Home4 land Security Appropriations Act, 2007’’. 
Calendar No. 503 

109TH CONGRESS 

2D SESSION H.R. 5441 

[Report No. 109–273] 

AN ACT 

Making appropriations for the Department of 

September 30, 2007, and for other purposes. Homeland Security for the fiscal year ending 

JUNE 7, 2006 

Received; read twice and referred to the Committee on 

J

Appropriations 

UNE 29, 2006 

Reported with an amendment