IB 

Union Calendar No. 264 

109TH CONGRESS 

2D SESSION H. R. 5441 

[Report No. 109–476] 

Making appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2006 

Mr. ROGERS of Kentucky, from the Committee on Appropriations, reported 

the following bill; which was committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

A BILL 

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: 


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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: Provided, That 

10 not to exceed $40,000 shall be for official reception and 

11 representation expenses: Provided further, That of the 

12 funds provided under this heading, $10,000,000 shall not 

13 be available for obligation until the Secretary of Homeland 

14 Security submits a comprehensive port, container, and 

15 cargo security strategic plan to the Committee on Appro16 priations and Committee on Homeland Security of the 

17 House of Representatives that requires screening all in18 bound cargo, doubles the percentage of inbound cargo cur19 rently inspected, sets minimum standards for securing in20 bound cargo, and includes the fiscal year 2007 perform21 ance requirements for port, container, and cargo security 

22 as specified in the report accompanying this Act: Provided 

23 further, That the Secretary is directed to submit the Se24 cure Border Initiative multi-year strategic plan to the 

25 Committee on Appropriations and the Committee on 


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1 Homeland Security of the House of Representatives no 

2 later than November 1, 2006 that includes: a comprehen3 sive mission statement; an identification of long-term 

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

5 achieved; schedule and resource requirements for goal 

6 achievement; an identification of annual performance 

7 goals and how they link to long-term goals; an identifica8 tion of annual performance measures used to gauge effec9 tiveness towards goal achievement by goal; and an identi10 fication of major capital assets critical to program success. 

11 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

12 For necessary expenses of the Office of the Under 

13 Secretary for Management, as authorized by sections 701 

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

15 U.S.C. 341–345), $159,489,000: Provided, That not to ex16 ceed $3,000 shall be for official reception and representa17 tion expenses: Provided further, That of the total amount 

18 provided, $8,206,000 shall remain available until ex19 pended solely for the alteration and improvement of facili20 ties, tenant improvements, and relocation costs to consoli21 date Department headquarters operations. 

22 OFFICE OF THE CHIEF FINANCIAL OFFICER

23 For necessary expenses of the Office of the Chief Fi24 nancial Officer, as authorized by section 103 of the Home25 land Security Act of 2002 (6 U.S.C. 113), $43,480,000, 


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of which $18,000,000 is for the eMerge 1 2 Program: Pro2 vided, That $10,000,000 shall be withheld from obligation 

3 until the Office of the Chief Financial Officer submits 

4 monthly budget execution reports to the Committees on 

5 Appropriations of the Senate and the House of Represent6 atives as required by section 529 of this Act. 

7 OFFICE OF THE CHIEF INFORMATION OFFICER

8 For necessary expenses of the Office of the Chief In9 formation Officer, as authorized by section 103 of the 

10 Homeland Security Act of 2002 (6 U.S.C. 113), and De11 partment-wide technology investments, $364,765,000; of 

12 which $79,521,000 shall be available for salaries and ex13 penses; and of which $285,244,000 shall be available for 

14 development and acquisition of information technology 

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

16 Department of Homeland Security, and for the costs of 

17 conversion to narrowband communications, including the 

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

19 to remain available until expended: Provided, That none 

20 of the funds appropriated shall be used to support or sup21 plement the appropriations provided for the United States 

22 Visitor and Immigrant Status Indicator Technology 

23 project or the Automated Commercial Environment. 


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1 ANALYSIS AND OPERATIONS

2 For necessary expenses for information analysis and 

3 operations coordination activities, as authorized by title II 

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

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

6 30, 2008, of which not to exceed $5,000 shall be for offi7 cial reception and representation expenses. 

8 OFFICE OF THE FEDERAL COORDINATOR FOR GULF

9 COAST REBUILDING

10 For necessary expenses of the Office of the Federal 

11 Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro12 vided, That $1,000,000 shall not be available for obliga13 tion until the Federal Coordinator submits to the Com14 mittee on Appropriations of the House of Representatives 

15 a report related to Federal rebuilding efforts. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

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

20 which not to exceed $100,000 may be used for certain con21 fidential operational expenses, including the payment of 

22 informants, to be expended at the direction of the Inspec23 tor General. 


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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; 


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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; of which $3,026,000 shall be derived 

24 from the Harbor Maintenance Trust Fund for administra25 tive expenses related to the collection of the Harbor MainVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 tenance Fee pursuant to section 9505(c)(3) of the Internal 

2 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not3 withstanding section 1511(e)(1) of the Homeland Security 

4 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

5 $45,000 shall be for official reception and representation 

6 expenses; of which not less than $162,976,000 shall be 

7 for Air and Marine Operations; of which such sums as 

8 become available in the Customs User Fee Account, except 

9 sums subject to section 13031(f)(3) of the Consolidated 

10 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

11 58c(f)(3)), shall be derived from that account; of which 

12 not to exceed $150,000 shall be available for payment for 

13 rental space in connection with preclearance operations; 

14 and of which not to exceed $1,000,000 shall be for awards 

15 of compensation to informants, to be accounted for solely 

16 under the certificate of the Secretary of Homeland Secu17 rity: Provided, That for fiscal year 2007, the overtime lim18 itation prescribed in section 5(c)(1) of the Act of February 

19 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and not20 withstanding any other provision of law, none of the funds 

21 appropriated by this Act may be available to compensate 

22 any employee of the Bureau of Customs and Border Pro23 tection for overtime, from whatever source, in an amount 

24 that exceeds such limitation, except in individual cases de25 termined by the Secretary of Homeland Security, or the 


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1 designee of the Secretary, to be necessary for national se2 curity purposes, to prevent excessive costs, or in cases of 

3 immigration emergencies: Provided further, That no funds 

4 shall be available for the site acquisition, design, or con5 struction of any Border Patrol checkpoint in the Tucson 

6 sector: Provided further, That the Border Patrol shall relo7 cate its checkpoints in the Tucson sector at least once 

8 every seven days in a manner designed to prevent persons 

9 subject to inspection from predicting the location of any 

10 such checkpoint: Provided further, That of the total 

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

12 shall be for the Secure Border Initiative Technology and 

13 Tactical Infrastructure (SBInet) program, project, and 

14 activity, to remain available until expended, of which 

15 $25,000,000 shall not be available for obligation until the 

16 Committees on Appropriations of the Senate and the 

17 House of Representatives receive and approve a plan for 

18 expenditure prepared by the Secretary of Homeland Secu19 rity that— 

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

21 implementing the program; 

22 (2) demonstrates how activities will further the 

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

24 SBI multi-year strategic plan; 


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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 


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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 SeVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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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 efVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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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 and the Committee on Homeland Security of the 

15 House of Representatives receive a report on the April 25, 

16 2006, unmanned aerial vehicle mishap. 

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, $175,154,000, to remain 

22 available until expended. 


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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 of which not to exceed $7,500,000 shall be available until 

8 expended for conducting special operations pursuant to 

9 section 3131 of the Customs Enforcement Act of 1986 (19 

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

11 official reception and representation expenses; of which 

12 not to exceed $1,000,000 shall be for awards of compensa13 tion to informants, to be accounted for solely under the 

14 certificate of the Secretary of Homeland Security; of which 

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

16 awareness of the child pornography tipline; of which not 

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

18 not less than $5,400,000 may be used to facilitate agree19 ments consistent with section 287(g) of the Immigration 

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

21 to exceed $11,216,000 shall be available to fund or reim22 burse other Federal agencies for the costs associated with 

23 the care, maintenance, and repatriation of smuggled illegal 

24 aliens: Provided, That none of the funds made available 

25 under this heading shall be available to compensate any 


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1 employee for overtime in an annual amount in excess of 

2 $35,000, except that the Secretary of Homeland Security, 

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

4 as necessary for national security purposes and in cases 

5 of immigration emergencies: Provided further, That of the 

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

7 to enforce laws against forced child labor in fiscal year 

8 2007, of which not to exceed $6,000,000 shall remain 

9 available until expended. 

10 FEDERAL PROTECTIVE SERVICE

11 The revenues and collections of security fees credited 

12 to this account, not to exceed $516,011,000, shall be avail13 able until expended for necessary expenses related to the 

14 protection of federally-owned and leased buildings and for 

15 the operations of the Federal Protective Service. 

16 CONSTRUCTION

17 For necessary expenses to plan, construct, renovate, 

18 equip, and maintain buildings and facilities necessary for 

19 the administration and enforcement of the laws relating 

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

21 available until expended. 

22 TRANSPORTATION SECURITY ADMINISTRATION

23 AVIATION SECURITY

24 For necessary expenses of the Transportation Secu25 rity Administration related to providing civil aviation secuVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 rity services pursuant to the Aviation and Transportation 

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

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

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

5 shall be for official reception and representation expenses: 

6 Provided, That of the total amount made available under 

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

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

9 available only for procurement of checked baggage explo10 sive detection systems and $94,000,000 shall be available 

11 only for installation of checked baggage explosive detection 

12 systems; and not to exceed $963,548,000 shall be for avia13 tion security direction and enforcement: Provided further, 

14 That security service fees authorized under section 44940 

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

16 appropriation as offsetting collections and shall be avail17 able only for aviation security: Provided further, That the 

18 sum herein appropriated from the General Fund shall be 

19 reduced on a dollar-for-dollar basis as such offsetting col20 lections are received during fiscal year 2007, so as to re21 sult in a final fiscal year appropriation from the General 

22 Fund estimated at not more than $2,284,414,000: Pro23 vided further, That any security service fees collected in 

24 excess of the amount made available under this heading 

25 shall become available during fiscal year 2008: Provided 


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1 further, That notwithstanding section 44923 of title 49, 

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

3 Government for a project under any letter of intent shall 

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

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

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

7 States Code, or from appropriations authorized under sec8 tion 44923(i)(1) of title 49, United States Code, may be 

9 distributed in any manner deemed necessary to ensure 

10 aviation security and to fulfill the Government’s planned 

11 cost share under existing letters of intent: Provided fur12 ther, That no funding may be obligated for air cargo secu13 rity, other than that for air cargo inspectors, canines, and 

14 screeners, until a detailed air cargo security action plan 

15 addressing each of the recommendations contained in the 

16 2005 Government Accountability Office Report (GAO–06– 

17 76) on domestic air cargo security is provided to the Com18 mittee on Appropriations and Committee on Homeland 

19 Security of the House of Representatives: Provided fur20 ther, That beginning in fiscal year 2007 and thereafter, 

21 reimbursement for security services and related equipment 

22 and supplies provided in support of general aviation access 

23 to the Ronald Reagan Washington National Airport shall 

24 be credited to this appropriation and shall be available 

25 until expended solely for those purposes: Provided further, 


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

2 or hire personnel into the Transportation Security Admin3 istration which would cause the agency to exceed a staff4 ing level of 45,000 full-time equivalent screeners. 

5 SURFACE TRANSPORTATION SECURITY

6 For necessary expenses of the Transportation Secu7 rity Administration related to providing surface transpor8 tation security activities, $37,200,000, to remain available 

9 until September 30, 2008. 

10 TRANSPORTATION THREAT ASSESSMENT AND

11 CREDENTIALING

12 For necessary expenses for the development and im13 plementation of screening programs of the Office of 

14 Transportation Threat Assessment and Credentialing, 

15 $74,700,000, to remain available until September 30, 

16 2008. 

17 TRANSPORTATION SECURITY SUPPORT

18 For necessary expenses of the Transportation Secu19 rity Administration related to providing transportation se20 curity support and intelligence pursuant to the Aviation 

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

22 115 Stat. 597; 49 U.S.C. 40101 note), $523,283,000, to 

23 remain available until September 30, 2008: Provided, 

24 That of the funds appropriated under this heading, 

25 $5,000,000 may not be obligated until the Secretary of 

26 Homeland Security submits to the Committees on ApproVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 priations of the Senate and the House of Representatives 

2 a detailed expenditure plan for explosive detection systems 

3 refurbishment, procurement, and installations on an air4 port-by-airport basis for fiscal year 2007: Provided further, 

5 That this plan shall be submitted no later than 60 days 

6 from the date of enactment of this Act. 

7 FEDERAL AIR MARSHALS

8 For necessary expenses of the Federal Air Marshals, 

9 $699,294,000. 

10 UNITED STATES COAST GUARD

11 OPERATING EXPENSES

12 For necessary expenses for the operation and mainte13 nance of the United States Coast Guard not otherwise 

14 provided for; purchase or lease of not to exceed 25 pas15 senger motor vehicles, which shall be for replacement only; 

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

17 (42 U.S.C. 402 note); and recreation and welfare; 

18 $5,481,643,000, of which $340,000,000 shall be for de19 fense-related activities; of which $24,255,000 shall be de20 rived from the Oil Spill Liability Trust Fund to carry out 

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

22 of 1990 (33 U.S.C. 2712(a)(5)); and of which not to ex23 ceed $3,000 shall be for official reception and representa24 tion expenses: Provided, That none of the funds made 

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


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1 administrative expenses in connection with shipping com2 missioners in the United States: Provided further, That 

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

4 expenses incurred for yacht documentation under section 

5 12109 of title 46, United States Code, except to the extent 

6 fees are collected from yacht owners and credited to this 

7 appropriation. 

8 ENVIRONMENTAL COMPLIANCE AND RESTORATION

9 For necessary expenses to carry out the environ10 mental compliance and restoration functions of the United 

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

12 States Code, $11,880,000, to remain available until ex13 pended. 

14 RESERVE TRAINING

15 For necessary expenses of the Coast Guard Reserve, 

16 as authorized by law; operations and maintenance of the 

17 reserve program; personnel and training costs; and equip18 ment and services; $122,348,000. 

19 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

20 For necessary expenses of acquisition, construction, 

21 renovation, and improvement of aids to navigation, shore 

22 facilities, vessels, and aircraft, including equipment related 

23 thereto; and maintenance, rehabilitation, lease and oper24 ation of facilities and equipment, as authorized by law; 

25 $1,139,663,000, of which $19,800,000 shall be derived 

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


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

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

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

4 repair, renovate, or improve vessels, small boats, and re5 lated equipment; of which $15,000,000 shall be available 

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

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

8 30, 2009, for other equipment; of which $24,450,000 shall 

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

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

11 shall be available for personnel compensation and benefits 

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

13 available until September 30, 2011, for the Integrated 

14 Deepwater Systems program: Provided, That the Com15 mandant of the Coast Guard is authorized to dispose of 

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

17 shall be credited to this appropriation as offsetting collec18 tions and shall be available until September 30, 2009: Pro19 vided further, That the Secretary of Homeland Security 

20 shall submit to the Committees on Appropriations of the 

21 Senate and the House of Representatives, in conjunction 

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

23 the Revised Deepwater Implementation Plan that identi24 fies any changes to the plan for the fiscal year; an annual 

25 performance comparison of Deepwater assets to pre-DeepVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 water legacy assets; a status report of legacy assets; a de2 scription of the competitive process conducted in all con3 tracts and subcontracts exceeding $5,000,000 within the 

4 Deepwater program; and the earned value management 

5 system gold card data for each Deepwater asset: Provided 

6 further, That the Secretary shall submit to the Committees 

7 on Appropriations of the Senate and the House of Rep8 resentatives a comprehensive review of the Revised Deep9 water Implementation Plan every five years, beginning in 

10 fiscal year 2011, that includes a complete projection of 

11 the acquisition costs and schedule for the duration of the 

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

13 Secretary shall annually submit to the Committees on Ap14 propriations of the Senate and the House of Representa15 tives, at the time that the President’s budget is submitted 

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

17 future-years capital investment plan for the Coast Guard 

18 that identifies for each capital budget line item— 

19 (1) the proposed appropriation included in that 

20 budget; 

21 (2) the total estimated cost of completion; 

22 (3) projected funding levels for each fiscal year 

23 for the next five fiscal years or until project comple24 tion, whichever is earlier; 


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1 (4) an estimated completion date at the pro2 jected funding levels; and 

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

4 of completion or estimated completion date from 

5 previous future-years capital investment plans sub6 mitted to the Committees on Appropriations of the 

7 Senate and the House of Representatives: 

8 Provided further, That the Secretary shall ensure that 

9 amounts specified in the future-years capital investment 

10 plan are consistent to the maximum extent practicable 

11 with proposed appropriations necessary to support the 

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

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

14 of title 31, United States Code, for that fiscal year: Pro15 vided further, That any inconsistencies between the capital 

16 investment plan and proposed appropriations shall be 

17 identified and justified: Provided further, That no funding 

18 may be obligated for the Rescue 21 vessel subsystem until 

19 a vessel solution has been provided to the Committee on 

20 Appropriations of the House of Representatives. 

21 ALTERATION OF BRIDGES

22 For necessary expenses for alteration or removal of 

23 obstructive bridges, as authorized by section 6 of the Tru24 man-Hobbs Act (33 U.S.C. 516), $17,000,000, to remain 

25 available until expended. 


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1 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

2 For necessary expenses for applied scientific re3 search, development, test, and evaluation; and for mainte4 nance, rehabilitation, lease, and operation of facilities and 

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

6 available until expended, of which $495,000 shall be de7 rived from the Oil Spill Liability Trust Fund to carry out 

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

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

10 be credited to and used for the purposes of this appropria11 tion funds received from State and local governments, 

12 other public authorities, private sources, and foreign coun13 tries for expenses incurred for research, development, test14 ing, and evaluation. 

15 RETIRED PAY

16 For retired pay, including the payment of obligations 

17 otherwise chargeable to lapsed appropriations for this pur18 pose, payments under the Retired Serviceman’s Family 

19 Protection and Survivor Benefits Plans, payment for ca20 reer status bonuses, concurrent receipts and combat-re21 lated special compensation under the National Defense 

22 Authorization Act, and payments for medical care of re23 tired personnel and their dependents under chapter 55 of 

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


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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 

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

8 expert witnesses at such rates as may be determined by 

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

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

11 booths, and other facilities on private or other property 

12 not in Government ownership or control, as may be nec13 essary to perform protective functions; payment of per 

14 diem or subsistence allowances to employees where a pro15 tective assignment during the actual day or days of the 

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

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

18 of and participation in firearms matches; presentation of 

19 awards; travel of United States Secret Service employees 

20 on protective missions without regard to the limitations 

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

22 is obtained in advance from the Committees on Appropria23 tions of the Senate and the House of Representatives; re24 search and development; grants to conduct behavioral re25 search in support of protective research and operations; 


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1 and payment in advance for commercial accommodations 

2 as may be necessary to perform protective functions; 

3 $954,399,000, of which not to exceed $25,000 shall be for 

4 official reception and representation expenses: Provided, 

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

6 shall remain available until September 30, 2008: Provided 

7 further, That of the total amount provided under this 

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

9 until the Director of the Secret Service submits a com10 prehensive workload re-balancing report to the Commit11 tees on Appropriations of the Senate and the House of 

12 Representatives that includes funding and position re13 quirements for current investigative and protective oper14 ations: Provided further, That the United States Secret 

15 Service is authorized to obligate funds in anticipation of 

16 reimbursements from Executive agencies and entities, as 

17 defined in section 105 of title 5, United States Code, re18 ceiving training sponsored by the James J. Rowley Train19 ing Center, except that total obligations at the end of the 

20 fiscal year shall not exceed total budgetary resources avail21 able under this heading at the end of the fiscal year. 

22 INVESTIGATIONS AND FIELD OPERATIONS

23 For necessary expenses for investigations and field 

24 operations of the United States Secret Service, not other25 wise provided for, including costs related to office space 

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


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1 determined by the Director of the Secret Service, 

2 $312,499,000, of which not to exceed $100,000 shall be 

3 to provide technical assistance and equipment to foreign 

4 law enforcement organizations in counterfeit investiga5 tions; of which $2,366,000 shall be for forensic and related 

6 support of investigations of missing and exploited children; 

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

8 related to the investigations of missing and exploited chil9 dren and shall remain available until expended. 

10 SPECIAL EVENT FUND

11 For necessary expenses of the United States Secret 

12 Service to perform protective functions related to special 

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

14 of which $18,400,000 shall be for protection activities re15 lated to presidential campaigns in the United States, and 

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

17 National Special Security Events. 

18 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

19 RELATED EXPENSES

20 For necessary expenses for acquisition, construction, 

21 repair, alteration, and improvement of facilities, 

22 $3,725,000, to remain available until expended: Provided 

23 further, That of the total amount provided under this 

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

25 until the Director of the Secret Service submits a revised 

26 master plan to the Committees on Appropriations of the 


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1 Senate and the House of Representatives for the James 

2 J. Rowley Training Center. 

3 TITLE III—PREPAREDNESS AND RECOVERY 

4 PREPAREDNESS

5 UNDER SECRETARY FOR PREPAREDNESS

6 For salaries and expenses of the Office of the Under 

7 Secretary for Preparedness, the Office of the Chief Med8 ical Officer, and the Office of National Capital Region Co9 ordination, $39,468,000, of which $15,000,000 shall be 

10 for the National Preparedness Integration Program: Pro11 vided, That not to exceed $7,000 shall be for official recep12 tion and representation expenses: Provided further, That 

13 of the amounts appropriated under this heading, 

14 $4,400,000 shall not be available for obligation until the 

15 Secretary of Homeland Security submits to the Commit16 tees on Appropriations of the Senate and the House of 

17 Representatives the final National Preparedness Goal. 

18 OFFICE OF GRANTS AND TRAINING

19 STATE AND LOCAL PROGRAMS

20 For grants, contracts, cooperative agreements, and 

21 other activities, including grants to State and local govern22 ments for terrorism prevention activities, notwithstanding 

23 any other provision of law, $2,524,000,000, which shall 

24 be allocated as follows: 


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

2 $400,000,000 for law enforcement terrorism preven3 tion grants pursuant to section 1014 of the USA 

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

5 the application for grants shall be made available to 

6 States within 45 days from the date of enactment of 

7 this Act; States shall submit applications within 90 

8 days after the grant announcement; and the Office 

9 of Grants and Training shall act within 90 days 

10 after receipt of an application: Provided further, 

11 That no less than 80 percent of any grant under 

12 this paragraph to a State shall be made available by 

13 the State to local governments within 60 days after 

14 the receipt of the funds. 

15 (2) $1,165,000,000 for discretionary grants, as 

16 determined by the Secretary of Homeland Security, 

17 of which— 

18 (A) $750,000,000 shall be for use in high19 threat, high-density urban areas; 

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

21 grants pursuant to the purposes of section 

22 70107(a) through (h) of title 46, United States 

23 Code, which shall be awarded based on risk and 

24 threat notwithstanding subsection (a), for eligiVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 ble costs as described in subsections (b)(2) 

2 through (4); 

3 (C) $5,000,000 shall be for trucking indus4 try security grants; 

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

6 security grants; 

7 (E) $150,000,000 shall be for intercity rail 

8 passenger transportation (as defined in section 

9 24102 of title 49, United States Code), freight 

10 rail, and transit security grants; and 

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

12 protection grants: 

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

14 the application for grants shall be made available to 

15 States within 45 days after the date of enactment of 

16 this Act; States shall submit applications within 90 

17 days after the grant announcement; and the Office 

18 of Grants and Training shall act within 90 days 

19 after receipt of an application: Provided further, 

20 That no less than 80 percent of any grant under 

21 this paragraph to a State shall be made available by 

22 the State to local governments within 60 days after 

23 the receipt of the funds. 

24 (3) $75,000,000 shall be available for the Com25 mercial Equipment Direct Assistance Program. 


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1 (4) $339,000,000 for training, exercises, tech2 nical assistance, and other programs: 

3 Provided, That none of the grants provided under this 

4 heading shall be used for the construction or renovation 

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

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

7 Secretary of Homeland Security: Provided further, That 

8 the preceding proviso shall not apply to grants under sub9 paragraphs (B), (E), and (F) of paragraph (2) of this 

10 heading: Provided further, That grantees shall provide ad11 ditional reports on their use of funds, as determined nec12 essary by the Secretary of Homeland Security: Provided 

13 further, That funds appropriated for law enforcement ter14 rorism prevention grants under paragraph (1) of this 

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

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

17 include personnel overtime and overtime associated with 

18 the Office of Grants and Training certified training, as 

19 needed. 

20 FIREFIGHTER ASSISTANCE GRANTS

21 For necessary expenses for programs authorized by 

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

23 U.S.C. 2201 et seq.), $540,000,000, of which 

24 $500,000,000 shall be available to carry out section 33 

25 of such Act (15 U.S.C. 2229) and $40,000,000 shall be 

26 available to carry out section 34 of such Act (15 U.S.C. 


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1 2229a), to remain available until September 30, 2008: 

2 Provided, That not to exceed 5 percent of this amount 

3 shall be available for program administration. 

4 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

5 For necessary expenses for emergency management 

6 performance grants, as authorized by the National Flood 

7 Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob8 ert T. Stafford Disaster Relief and Emergency Assistance 

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

10 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Re11 organization Plan No. 3 of 1978 (5 U.S.C. App.), 

12 $186,000,000: Provided, That total administrative costs 

13 shall not exceed 3 percent of the total appropriation. 

14 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

15 The aggregate charges assessed during fiscal year 

16 2007, as authorized in title III of the Departments of Vet17 erans Affairs and Housing and Urban Development, and 

18 Independent Agencies Appropriations Act, 1999 (42 

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

20 amounts anticipated by the Department of Homeland Se21 curity to be necessary for its radiological emergency pre22 paredness program for such fiscal year: Provided, That the 

23 methodology for assessment and collection of fees shall be 

24 fair and equitable and shall reflect costs of providing such 

25 services, including administrative costs of collecting such 


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1 fees: Provided further, That fees received under this head2 ing shall be deposited in this account as offsetting collec3 tions and will become available for authorized purposes on 

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

5 UNITED STATES FIRE ADMINISTRATION AND TRAINING

6 For necessary expenses of the United States Fire Ad7 ministration and for other purposes, as authorized by the 

8 Federal Fire Prevention and Control Act of 1974 (15 

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

10 2002 (6 U.S.C. 101 et seq.), $46,849,000. 

11 INFRASTRUCTURE PROTECTION AND INFORMATION

12 SECURITY

13 For necessary expenses for infrastructure protection 

14 and information security programs and activities, as au15 thorized by title II of the Homeland Security Act of 2002 

16 (6 U.S.C. 121 et seq.), $549,140,000, of which 

17 $464,490,000 shall remain available until September 30, 

18 2008: Provided, That of the amount made available under 

19 this heading, $10,000,000 shall not be available for obliga20 tion for management and administration until the Depart21 ment of Homeland Security has released the National In22 frastructure Protection Plan: Provided further, That of the 

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

24 shall not be available for obligation for management and 


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1 administration until the Department has submitted its na2 tional security strategy for the chemical sector report. 

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 ADMINISTRATIVE AND REGIONAL OPERATIONS

5 For necessary expenses for administrative and re6 gional operations, $254,499,000, including activities au7 thorized by the National Flood Insurance Act of 1968 (42 

8 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Re9 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

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

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

12 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of 

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

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

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

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

17 official reception and representation expenses. 

18 READINESS, MITIGATION, RESPONSE, AND RECOVERY

19 For necessary expenses for readiness, mitigation, re20 sponse, and recovery activities, $238,199,000, including 

21 activities authorized by the National Flood Insurance Act 

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

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

24 5121 et seq.), the Earthquake Hazards Reduction Act of 

25 1977 (42 U.S.C. 7701 et seq.), the Defense Production 

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


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

2 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. 

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

4 101 et seq.): Provided, That of the total amount made 

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

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

7 $1,600,000 may be made available for administrative 

8 costs: Provided further, That of the amounts appropriated 

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

10 obligation until the Secretary of Homeland Security sub11 mits to the Committees on Appropriations of the Senate 

12 and the House of Representatives a catastrophic planning 

13 expenditure plan. 

14 PUBLIC HEALTH PROGRAMS

15 For necessary expenses for countering potential bio16 logical, disease, and chemical threats to civilian popu17 lations, $33,885,000. 

18 DISASTER RELIEF

19 For necessary expenses in carrying out the Robert 

20 T. Stafford Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5121 et seq.), $1,662,891,000, to remain avail22 able until expended. 

23 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

24 For administrative expenses to carry out the direct 

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

26 T. Stafford Disaster Relief and Emergency Assistance Act 


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1 (42 U.S.C. 5162), $569,000: Provided, That gross obliga2 tions for the principal amount of direct loans shall not 

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

4 modifying such loans shall be as defined in section 502 

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

6 FLOOD MAP MODERNIZATION FUND

7 For necessary expenses pursuant to section 1360 of 

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

9 4101), $198,980,000, and such additional sums as may 

10 be provided by State and local governments or other polit11 ical subdivisions for cost-shared mapping activities under 

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

13 expended: Provided, That total administrative costs shall 

14 not exceed 3 percent of the total appropriation. 

15 NATIONAL FLOOD INSURANCE FUND

16 (INCLUDING TRANSFER OF FUNDS) 

17 For activities under the National Flood Insurance 

18 Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Dis19 aster Protection Act of 1973 (42 U.S.C. 4001 et seq.), 

20 $128,588,000, which shall be available as follows: (1) not 

21 to exceed $38,230,000 for salaries and expenses associ22 ated with flood mitigation and flood insurance operations; 

23 and (2) not to exceed $90,358,000 for flood hazard miti24 gation, which shall be derived from offsetting collections 

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1 tional Flood Insurance Act of 1968 (42 U.S.C. 4014), to 

2 remain available until September 30, 2008, including up 

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

4 1366 of such Act (42 U.S.C. 4104c), which amount shall 

5 be available for transfer to the National Flood Mitigation 

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

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

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

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

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

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

12 flood mitigation actions with respect to severe repetitive 

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

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

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

16 shall remain available until expended: Provided further, 

17 That total administrative costs shall not exceed 3 percent 

18 of the total appropriation. 

19 NATIONAL FLOOD MITIGATION FUND

20 (INCLUDING TRANSFER OF FUNDS) 

21 Notwithstanding subparagraphs (B) and (C) of sub22 section (b)(3), and subsection (f), of section 1366 of the 

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

24 $31,000,000, to remain available until September 30, 

25 2008, for activities designed to reduce the risk of flood 


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1 damage to structures pursuant to such Act, of which 

2 $31,000,000 shall be derived from the National Flood In3 surance Fund. 

4 NATIONAL PRE-DISASTER MITIGATION FUND

5 For a predisaster mitigation grant program under 

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

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

8 $100,000,000, to remain available until expended: Pro9 vided, That grants made for predisaster mitigation shall 

10 be awarded on a competitive basis subject to the criteria 

11 in section 203(g) of such Act (42 U.S.C. 5133(g)), and 

12 notwithstanding section 203(f) of such Act, shall be made 

13 without reference to State allocations, quotas, or other for14 mula-based allocation of funds: Provided further, That 

15 total administrative costs shall not exceed 3 percent of the 

16 total appropriation. 

17 EMERGENCY FOOD AND SHELTER

18 To carry out an emergency food and shelter program 

19 pursuant to title III of the McKinney-Vento Homeless As20 sistance Act (42 U.S.C. 11331 et seq.), $151,470,000, to 

21 remain available until expended: Provided, That total ad22 ministrative costs shall not exceed 3.5 percent of the total 

23 appropriation. 


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1 TITLE IV—RESEARCH AND DEVELOPMENT, 

2 TRAINING, AND SERVICES 

3 UNITED STATES CITIZENSHIP AND IMMIGRATION

4 SERVICES

5 For necessary expenses for citizenship and immigra6 tion services, $161,990,000: Provided, That $47,000,000 

7 may not be obligated until the Committees on Appropria8 tions of the Senate and the House of Representatives re9 ceive and approve a strategic transformation plan for 

10 United States Citizenship and Immigration Services that 

11 has been reviewed and approved by the Secretary of 

12 Homeland Security and reviewed by the Government Ac13 countability Office. 

14 FEDERAL LAW ENFORCEMENT TRAINING CENTER

15 SALARIES AND EXPENSES

16 For necessary expenses of the Federal Law Enforce17 ment Training Center, including materials and support 

18 costs of Federal law enforcement basic training; purchase 

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

20 of passenger motor vehicles; expenses for student athletic 

21 and related activities; the conduct of and participation in 

22 firearms matches and presentation of awards; public 

23 awareness and enhancement of community support of law 

24 enforcement training; room and board for student interns; 

25 a flat monthly reimbursement to employees authorized to 


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1 use personal mobile phones for official duties; and services 

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

3 Code; $210,507,000, of which up to $43,910,000 for ma4 terials and support costs of Federal law enforcement basic 

5 training shall remain available until September 30, 2008; 

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

7 for Federal law enforcement agencies participating in 

8 training accreditation, to be distributed as determined by 

9 the Federal Law Enforcement Training Center for the 

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

11 $12,000 shall be for official reception and representation 

12 expenses: Provided, That the Center is authorized to obli13 gate funds in anticipation of reimbursements from agen14 cies receiving training sponsored by the Center, except 

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

16 not exceed total budgetary resources available at the end 

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

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

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

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

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

22 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

23 RELATED EXPENSES

24 For acquisition of necessary additional real property 

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1 cility improvements, and related expenses of the Federal 

2 Law Enforcement Training Center, $42,246,000, to re3 main available until expended: Provided, That the Center 

4 is authorized to accept reimbursement to this appropria5 tion from government agencies requesting the construction 

6 of special use facilities. 

7 SCIENCE AND TECHNOLOGY

8 MANAGEMENT AND ADMINISTRATION

9 For salaries and expenses of the Office of the Under 

10 Secretary for Science and Technology and for manage11 ment and administration of programs and activities, as 

12 authorized by title III of the Homeland Security Act of 

13 2002 (6 U.S.C. 181 et seq.), $180,901,000: Provided, 

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

15 and representation expenses: Provided further, That of the 

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

17 may not be obligated until the Under Secretary submits 

18 a detailed expenditure plan for fiscal year 2007 programs 

19 and operations to the Committees on Appropriations of 

20 the Senate and the House of Representatives. 

21 RESEARCH, DEVELOPMENT, ACQUISITION, AND

22 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 


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1 (6 U.S.C. 181 et seq.); and the purchase or lease of not 

2 to exceed 5 vehicles, $775,370,000, to remain available 

3 until expended: Provided, That of the amounts made avail4 able under this heading, $400,000,000 may not be obli5 gated until the Committees on Appropriations of the Sen6 ate and the House of Representatives receive and approve 

7 a report prepared by the Under Secretary that describes 

8 Science and Technology’s progress to address financial 

9 management deficiencies; improve its management con10 trols; and implement performance measures and evalua11 tions. 

12 DOMESTIC NUCLEAR DETECTION OFFICE

13 For necessary expenses of the Domestic Nuclear De14 tection Office, including nuclear detection research, devel15 opment, testing and evaluation, acquisition, operations, 

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

17 available until expended, of which not to exceed 

18 $178,000,000 shall be for the purchase and deployment 

19 of radiation detection equipment in accordance with the 

20 global nuclear detection architecture; and of which not to 

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

22 transformational research and development; and of which 

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

24 and administration of these programs and activities: Pro25 vided, That no funds provided in this Act shall be used 


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1 to create a Sodium-Iodide Manufacturing Program until 

2 the Office demonstrates that Advanced Spectroscopic Por3 tal monitors will significantly speed commerce, reduce the 

4 costs of secondary inspection, or significantly increase sen5 sitivity over current generation Radiation Portal Monitors. 

6 TITLE V—GENERAL PROVISIONS 

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

8 this Act shall remain available for obligation beyond the 

9 current fiscal year unless expressly so provided herein. 

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

11 of this Act, the unexpended balances of prior appropria12 tions provided for activities in this Act may be transferred 

13 to appropriation accounts for such activities established 

14 pursuant to this Act: Provided, That balances so trans15 ferred may be merged with funds in the applicable estab16 lished accounts and thereafter may be accounted for as 

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

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

19 provided by previous appropriations Acts to the agencies 

20 in or transferred to the Department of Homeland Security 

21 that remain available for obligation or expenditure in fiscal 

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

23 of the United States derived by the collection of fees avail24 able to the agencies funded by this Act, shall be available 

25 for obligation or expenditure through a reprogramming of 


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

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

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

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

5 funds directed for a specific activity by either of the Com6 mittees on Appropriations of the Senate or House of Rep7 resentatives for a different purpose; or (5) contracts out 

8 any functions or activities for which funds have been ap9 propriated for Federal full-time equivalent positions; un10 less the Committees on Appropriations of the Senate and 

11 the House of Representatives are notified 15 days in ad12 vance of such reprogramming of funds. 

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

14 by previous appropriations Acts to the agencies in or 

15 transferred to the Department of Homeland Security that 

16 remain available for obligation or expenditure in fiscal 

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

18 of the United States derived by the collection of fees avail19 able to the agencies funded by this Act, shall be available 

20 for obligation or expenditure for programs, projects, or ac21 tivities through a reprogramming of funds in excess of 

22 $5,000,000 or 10 percent, whichever is less, that: (1) aug23 ments existing programs, projects, or activities; (2) re24 duces by 10 percent funding for any existing program, 

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


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1 as approved by the Congress; or (3) results from any gen2 eral savings from a reduction in personnel that would re3 sult in a change in existing programs, projects, or activi4 ties as approved by the Congress; unless the Committees 

5 on Appropriations of the Senate and the House of Rep6 resentatives are notified 15 days in advance of such re7 programming of funds. 

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

9 made available for the current fiscal year for the Depart10 ment of Homeland Security by this Act or provided by 

11 previous appropriations Acts may be transferred between 

12 such appropriations, but no such appropriations, except 

13 as otherwise specifically provided, shall be increased by 

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

15 any transfer under this section shall be treated as a re16 programming of funds under subsection (b) of this section 

17 and shall not be available for obligation unless the Com18 mittees on Appropriations of the Senate and the House 

19 of Representatives are notified 15 days in advance of such 

20 transfer. 

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

22 this section, no funds shall be reprogrammed within or 

23 transferred between appropriations after June 30, except 

24 in extraordinary circumstances which imminently threaten 

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


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1 SEC. 504. Except as otherwise specifically provided 

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

3 remaining available at the end of fiscal year 2007 from 

4 appropriations for salaries and expenses for fiscal year 

5 2007 in this Act shall remain available through September 

6 30, 2008, in the account and for the purposes for which 

7 the appropriations were provided: Provided, That prior to 

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

9 to the Committees on Appropriations of the Senate and 

10 the House of Representatives for approval in accordance 

11 with section 503 of this Act. 

12 SEC. 505. Funds made available by this Act for intel13 ligence activities are deemed to be specifically authorized 

14 by the Congress for purposes of section 504 of the Na15 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

16 year 2007 until the enactment of an Act authorizing intel17 ligence activities for fiscal year 2007. 

18 SEC. 506. The Federal Law Enforcement Training 

19 Center shall lead the Federal law enforcement training ac20 creditation process, including representatives from the 

21 Federal law enforcement community and non-Federal ac22 creditation experts involved in law enforcement training, 

23 to continue the implementation of measuring and assess24 ing the quality and effectiveness of Federal law enforce25 ment training programs, facilities, and instructors. 


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

2 to make a grant allocation, discretionary grant award, dis3 cretionary contract award, or to issue a letter of intent 

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

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

6 of Homeland Security notifies the Committees on Appro7 priations of the Senate and the House of Representatives 

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

9 no notification shall involve funds that are not available 

10 for obligation. 

11 SEC. 508. Notwithstanding any other provision of 

12 law, no agency shall purchase, construct, or lease any ad13 ditional facilities, except within or contiguous to existing 

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

15 law enforcement training without the advance approval of 

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives, except that the Federal Law 

18 Enforcement Training Center is authorized to obtain the 

19 temporary use of additional facilities by lease, contract, 

20 or other agreement for training which cannot be accommo21 dated in existing Center facilities. 

22 SEC. 509. The Director of the Federal Law Enforce23 ment Training Center shall schedule basic and/or ad24 vanced law enforcement training at all four training facili25 ties under the control of the Federal Law Enforcement 


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1 Training Center to ensure that these training centers are 

2 operated at the highest capacity throughout the fiscal 

3 year. 

4 SEC. 510. None of the funds appropriated or other5 wise made available by this Act may be used for expenses 

6 of any construction, repair, alteration, or acquisition 

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

8 of title 40, United States Code, has not been approved, 

9 except that necessary funds may be expended for each 

10 project for required expenses for the development of a pro11 posed prospectus. 

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

13 in contravention of the applicable provisions of the Buy 

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

15 SEC. 512. Notwithstanding any other provision of 

16 law, the authority of the Office of Personnel Management 

17 to conduct personnel security and suitability background 

18 investigations, update investigations, and periodic reinves19 tigations of applicants for, or appointees in, positions in 

20 the Office of the Secretary and Executive Management, 

21 the Office of the Under Secretary for Management, Anal22 ysis and Operations, Immigration and Customs Enforce23 ment, the Directorate for Preparedness, and the Direc24 torate of Science and Technology of the Department of 

25 Homeland Security is transferred to the Department of 


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1 Homeland Security: Provided, That on request of the De2 partment of Homeland Security, the Office of Personnel 

3 Management shall cooperate with and assist the Depart4 ment in any investigation or reinvestigation under this sec5 tion: Provided further, That this section shall cease to be 

6 effective at such time as the President has selected a sin7 gle agency to conduct security clearance investigations 

8 pursuant to section 3001(c) of the Intelligence Reform 

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

10 458; 50 U.S.C. 435b(c)) and the entity selected under sec11 tion 3001(b) of such Act has reported to the Congress that 

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

13 capable of conducting all necessary investigations in a 

14 timely manner or has authorized the entities within the 

15 Department of Homeland Security covered by this section 

16 to conduct their own investigations pursuant to section 

17 3001 of such Act. 

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

19 previous appropriations Acts may be obligated for deploy20 ment or implementation, on other than a test basis, of the 

21 Secure Flight program or any other follow on or successor 

22 passenger prescreening program, until the Secretary of 

23 Homeland Security certifies, and the Government Ac24 countability Office reports, to the Committees on Appro25 priations of the Senate and the House of Representatives, 


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

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

3 (118 Stat. 1319) have been successfully met. 

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

5 submitted within 90 days after the Secretary provides the 

6 requisite certification, and periodically thereafter, if nec7 essary, until the Government Accountability Office con8 firms that all ten elements have been successfully met. 

9 (c) Within 90 days of enactment of this Act, the Sec10 retary shall submit to the Committees on Appropriations 

11 of the Senate and House of Representatives a detailed 

12 plan that describes (1) the dates for achieving key mile13 stones, including the date or timeframes that the Sec14 retary will certify the program under subsection (a); and 

15 (2) the methodology to be followed to support the Sec16 retary’s certification, as required under subsection (a). 

17 (d) During the testing phase permitted by subsection 

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

19 domestic air carriers, or reservation systems may be used 

20 to screen aviation passengers, or delay or deny boarding 

21 to such passengers, except in instances where passenger 

22 names are matched to a Government watch list. 

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

24 appropriations Acts may be utilized to develop or test algoVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 rithms assigning risk to passengers whose names are not 

2 on Government watch lists. 

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

4 appropriations Acts may be utilized for data or a database 

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

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

7 not apply to Passenger Name Record data obtained from 

8 air carriers. 

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

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

11 by section 337 of the Immigration and Nationality Act 

12 (8 U.S.C. 1448). 

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

14 may be used to process or approve a competition under 

15 Office of Management and Budget Circular A–76 for serv16 ices provided as of June 1, 2004, by employees (including 

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

18 States Citizenship and Immigration Services of the De19 partment of Homeland Security who are known as of that 

20 date as Immigration Information Officers, Contact Rep21 resentatives, or Investigative Assistants. 

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

23 shall be available to maintain the United States Secret 

24 Service as anything but a distinct entity within the De25 partment of Homeland Security and shall not be used to 


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1 merge the United States Secret Service with any other de2 partment function, cause any personnel and operational 

3 elements of the United States Secret Service to report to 

4 an individual other than the Director of the United States 

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

6 any individual other than the Secretary of Homeland Se7 curity. 

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

9 United States Secret Service by this Act or by previous 

10 appropriations Acts may be made available for the protec11 tion of the head of a Federal agency other than the Sec12 retary of Homeland Security: Provided, That the Director 

13 of the United States Secret Service may enter into an 

14 agreement to perform such service on a fully reimbursable 

15 basis. 

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

17 consultation with industry stakeholders, shall develop 

18 standards and protocols for increasing the use of explosive 

19 detection equipment to screen air cargo when appropriate. 

20 SEC. 519. The Transportation Security Administra21 tion (TSA) shall utilize existing checked baggage explosive 

22 detection equipment and screeners to screen cargo carried 

23 on passenger aircraft to the greatest extent practicable at 

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

25 inspection statistics quarterly to the Committee on ApproVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 priations of the House of Representatives, by airport and 

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

3 Provided further, That the appropriation for ‘‘Aviation Se4 curity’’ in this Act is reduced by $100,000 for each day 

5 beyond such deadline that such quarterly report is not pro6 vided. 

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

8 for the transportation worker identification credential pro9 gram shall be used to develop a personalization system 

10 that is decentralized or a card production capability that 

11 does not utilize an existing government card production 

12 facility. 

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

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

15 Construction, and Improvements’’ account specifically 

16 identified in the Joint Explanatory Statement (House Re17 port 109–241) accompanying Public Law 109–90 for the 

18 Fast Response Cutter, the service life extension program 

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

20 accelerated design and production of the Fast Response 

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

22 (b) ADDITIONAL APPROPRIATION.—For necessary 

23 expenses of the United States Coast Guard for ‘‘Acquisi24 tion, Construction, and Improvements’’, there is appro25 priated an additional $79,347,002, to remain available 


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

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

3 fleet and the acquisition of traditional patrol boats (‘‘par4 ent craft’’). 

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

6 Act may be used by any person other than the privacy 

7 officer appointed pursuant to section 222 of the Homeland 

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

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

10 to the Congress of any report prepared pursuant to para11 graph (6) of such section. 

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

13 appropriation Acts shall be available to pay the salary of 

14 any employee serving as a contracting officer’s technical 

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

16 like capacity, who has not received COTR training. 

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

18 49, United States Code, funds appropriated or transferred 

19 to Transportation Security Administration ‘‘Aviation Se20 curity’’ and ‘‘Administration’’ for fiscal years 2004, 2005, 

21 and 2006 that are recovered or deobligated shall be avail22 able only for procurement and installation of explosive de23 tection systems for air cargo, baggage, and checkpoint 

24 screening systems: Provided, That these funds shall be 

25 subject to section 503 of this Act. 


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

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

3 of the Department of Homeland Security shall revise DHS 

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

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

6 active transportation security directive or security plan 

7 shall be determined automatically to be releaseable unless, 

8 for each specific document, the Secretary makes a written 

9 determination that identifies a compelling reason why the 

10 information must remain SSI; (2) incorporation of com11 mon and extensive examples of the individual categories 

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

13 through (16) in order to minimize and standardize judg14 ment by covered persons in the application of SSI mark15 ing; and (3) that in all judicial proceedings where the 

16 judge overseeing the proceeding has adjudicated that a 

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

18 shall be deemed a DHS Covered Person for purposes of 

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

20 TSA or DHS demonstrates a compelling reason why the 

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

22 SEC. 526. The Department of Homeland Security 

23 Working Capital Fund, established, pursuant to section 

24 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

25 continue operations during fiscal year 2007. 


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

2 from prior year appropriations made available for the 

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

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

5 109–62 detailing the allocation and obligation of funds for 

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

7 on each allocation, obligation, or expenditure that totals 

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

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

10 purchases by agency and mission assignment; (3) obliga11 tions, allocations, and expenditures, categorized by agency, 

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

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

14 (5) specific reasons for all waivers granted and a descrip15 tion of each waiver: Provided, That the detailed informa16 tion required by paragraph (1) shall include the purpose 

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

18 work will be performed by a governmental agency or a con19 tractor; and, if the work is to be performed by a con20 tractor, the name of the contractor, the type of contract, 

21 and whether the contract is sole-source, full and open com22 petition, or limited competition. 

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

24 month, the Chief Financial Officer of the Department of 

25 Homeland Security shall submit to the Committees on ApVerDate Aug 31 2005 23:58 May 22, 2006 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H5441.RH H5441

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1 propriations of the Senate and the House of Representa2 tives a monthly budget execution report that sets forth 

3 the total obligational authority appropriated (new budget 

4 authority plus unobligated carryover), undistributed 

5 obligational authority, amount allotted, current year obli6 gations, unobligated authority (the difference between 

7 total obligational authority and current year obligations), 

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

9 year end unexpended obligations, of the Department of 

10 Homeland Security: Provided, That such information shall 

11 be provided for each Departmental component and the 

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

13 table of detailed funding recommendations displayed at 

14 the end of the report accompanying this Act. 

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

16 OF PROCEEDS DERIVED FROM CRIMINAL INVESTIGA17 TIONS.—During fiscal years 2007 through 2009, with re18 spect to any undercover investigative operation of the 

19 United States Secret Service (hereafter referred to in this 

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

21 detection and prosecution of crimes against the United 

22 States— 

23 (1) sums appropriated for the Secret Service, 

24 including unobligated balances available from prior 

25 fiscal years, may be used for purchasing property, 


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

2 within the United States, the District of Columbia, 

3 and the territories and possessions of the United 

4 States, without regard to sections 1341 and 3324 of 

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

6 40, United States Code, sections 3732(a) and 3741 

7 of the Revised Statutes of the United States (41 

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

9 of the Federal Property and Administrative Services 

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

11 (2) sums appropriated for the Secret Service, 

12 including unobligated balances available from prior 

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

14 proprietary corporations or business entities as part 

15 of such undercover operation, and to operate such 

16 corporations or business entities on a commercial 

17 basis, without regard to sections 9102 and 9103 of 

18 title 31, United States Code; 

19 (3) sums appropriated for the Secret Service, 

20 including unobligated balances available from prior 

21 fiscal years and the proceeds from such undercover 

22 operation, may be deposited in banks or other finan23 cial institutions, without regard to section 648 of 

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

25 Code; and 


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1 (4) proceeds from such undercover operation 

2 may be used to offset necessary and reasonable ex3 penses incurred in such operation, without regard to 

4 section 3302 of title 31, United States Code. 

5 (b) WRITTEN CERTIFICATION.—The authority set 

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

7 written certification of the Director of the Secret Service 

8 or designee that any action authorized by any paragraph 

9 of such subsection is necessary for the conduct of an un10 dercover investigative operation. Such certification shall 

11 continue in effect for the duration of such operation, with12 out regard to fiscal years. 

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

14 as practicable after the proceeds from an undercover in15 vestigative operation with respect to which an action is 

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

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

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

19 proceeds remaining at the time shall be deposited in the 

20 Treasury of the United States as miscellaneous receipts. 

21 (d) REPORTING AND DEPOSIT OF PROCEEDS UPON

22 DISPOSITION OF CERTAIN BUSINESS ENTITIES.—If a cor23 poration or business entity established or acquired as part 

24 of an undercover investigative operation under paragraph 

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


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

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

3 determines is practicable, shall report the circumstance to 

4 the Secretary of Homeland Security. The proceeds of the 

5 liquidation, sale, or other disposition, after obligations are 

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

7 States as miscellaneous receipts. 

8 (e) FINANCIAL AUDITS AND REPORTS.— 

9 (1) The Secret Service shall conduct detailed fi10 nancial audits of closed undercover investigative op11 erations for which a written certification was made 

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

13 shall report the results of the audits in writing to 

14 the Secretary of Homeland Security. 

15 (2) The Secretary of Homeland Security shall 

16 annually submit to the Committees on Appropria17 tions of the Senate and House of Representatives, at 

18 the time that the President’s budget is submitted 

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

20 such audits. 

21 SEC. 531. The Director of the Domestic Nuclear De22 tection Office shall operate extramural and intramural re23 search, development, demonstrations, testing and evalua24 tion programs so as to distribute funding through grants, 

25 cooperative agreements, other transactions and contracts. 


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

2 Act for United States Customs and Border Protection 

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

4 of importing a prescription drug (within the meaning of 

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

6 Act) from importing a prescription drug that complies 

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

8 SEC. 533. From the unobligated balances of Trans9 portation Security Administration ‘‘Aviation Security’’ 

10 and ‘‘Headquarters Administration’’, $4,776,000 are re11 scinded. 

12 SEC. 534. Notwithstanding the requirements of sec13 tion 404(b)(2)(B) of the Robert T. Stafford Disaster Re14 lief and Emergency Assistance Act, the Army Corps of 

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

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

17 Acres Addition in Augusta, Kansas, for building portions 

18 of the flood-control levee. 

19 SEC. 535. Notwithstanding any time limitation estab20 lished for a grant awarded under title I, chapter 6, Public 

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

22 Management Agency—Disaster Assistance for Unmet 

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

24 under such grant program until June 30, 2007. 


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1 SEC. 536. (a) Not later than six months after the 

2 date of enactment of this Act, the Secretary of Homeland 

3 Security shall hereafter issue interim final regulations that 

4 establish homeland security requirements, including min5 imum standards and required submission of facility secu6 rity plans to the Secretary, for chemical facilities that the 

7 Secretary determines present the greatest security risk 

8 and that are not currently regulated under Federal law 

9 for homeland security purposes. 

10 (b) Interim regulations under this section shall apply 

11 to a chemical facility until the effective date of final regu12 lations issued under other laws by the Secretary, that es13 tablish requirements and standards referred to in sub14 section (a) that apply with respect to that facility. 

15 (c) Any person that violates an interim regulation 

16 issued under this section shall be liable for a civil penalty 

17 under section 70117 of title 46, United States Code. 

18 This Act may be cited as the ‘‘Department of Home19 land Security Appropriations Act, 2007’’. 


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Union Calendar No. 264 

109TH CONGRESS 

2D SESSION H. R. 5441 

[Report No. 109

–476] 

A BILL 

Making appropriations for the Department of 

September 30, 2007, and for other purposes. Homeland Security for the fiscal year ending 

MAY 22, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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