H. R. 2360
One Hundred Ninth Congress
of the
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 
An Act 
Making appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the Department of Homeland Secu-
rity for the fiscal year ending September 30, 2006, and for other 
purposes, namely: 
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT 
For necessary expenses of the Office of the Secretary of Home-
land Security, as authorized by section 102 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 112), and executive management of 
the Department of Homeland Security, as authorized by law, 
$79,409,000: Provided, That not to exceed $40,000 shall be for 
official reception and representation expenses: Provided further, 
That, not more than 180 days from the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit to 
the Committees on Appropriations of the Senate and the House 
of Representatives an integrated immigration enforcement strategy 
to reduce the number of undocumented aliens by ten percent per 
year based on the most recent United States Census Bureau data. 
OFFICE OF SCREENING COORDINATION AND OPERATIONS 
For necessary expenses of the Office of Screening Coordination 
and Operations, $4,000,000. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under Secretary 
for Management, as authorized by sections 701–705 of the Home-
land Security Act of 2002 (6 U.S.C. 341–345), $168,835,000: Pro-
vided, That not to exceed $3,000 shall be for official reception 
and representation expenses: Provided further, That of the total 
amount provided, $26,070,000 shall remain available until expended 
solely for the alteration and improvement of facilities, tenant 
improvements, and relocation costs to consolidate Department head-
quarters operations.
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OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), $19,405,000. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), and Department-wide technology invest-
ments, $297,229,000; of which $75,756,000 shall be available for 
salaries and expenses; and of which $221,473,000 shall be available 
for development and acquisition of information technology equip-
ment, software, services, and related activities for the Department 
of Homeland Security, and for the costs of conversion to narrowband 
communications, including the cost for operation of the land mobile 
radio legacy systems, to remain available until expended: Provided, 
That none of the funds appropriated shall be used to support 
or supplement the appropriations provided for the United States 
Visitor and Immigrant Status Indicator Technology project or the 
Automated Commercial Environment: Provided further, That the 
Chief Information Officer shall submit to the Committees on Appro-
priations of the Senate and the House of Representatives, not 
more than 60 days from the date of enactment of this Act, an 
expenditure plan for all information technology projects that: (1) 
are funded by the ‘‘Office of the Chief Information Officer’’; or 
(2) are funded by multiple components of the Department of Home-
land Security through reimbursable agreements: Provided further, 
That such expenditure plan shall include each specific project 
funded, key milestones, all funding sources for each project, details 
of annual and lifecycle costs, and projected cost savings or cost 
avoidance to be achieved by the project: Provided further, That 
the Chief Information Officer shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
not more than 180 days from the date of enactment of this Act, 
a report that has been approved by the Office of Management 
and Budget and reviewed by the Government Accountability Office 
that includes: (1) an enterprise architecture; (2) an Information 
Technology Human Capital Plan; (3) a capital investment plan 
for implementing the enterprise architecture; and (4) a description 
of the information technology capital planning and investment con-
trol process. 
ANALYSIS AND OPERATIONS 
For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. et seq.), $255,495,000, to remain 
available until September 30, 2007. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 
(5 U.S.C. App.), $83,017,000, of which not to exceed $100,000 may 
be used for certain confidential operational expenses, including
H. R. 2360—3
the payment of informants, to be expended at the direction of 
the Inspector General.
TITLE II—SECURITY, ENFORCEMENT, AND 
INVESTIGATIONS 
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR 
TECHNOLOGY 
For necessary expenses for the development of the United 
States Visitor and Immigrant Status Indicator Technology project, 
as authorized by section 110 of the Illegal Immigration Reform 
and Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note), 
$340,000,000, to remain available until expended: Provided, That 
of the total amount made available under this heading, 
$159,658,000 may not be obligated for the United States Visitor 
and Immigrant Status Indicator Technology project until the 
Committees on Appropriations of the Senate and the House of 
Representatives receive and approve a plan for expenditure pre-
pared by the Secretary of Homeland Security that—
(1) meets the capital planning and investment control 
review requirements established by the Office of Management 
and Budget, including Circular A–11, part 7; 
(2) complies with the Department of Homeland Security 
information systems enterprise architecture; 
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the 
Federal Government; 
(4) includes a certification by the Chief Information Officer 
of the Department of Homeland Security that an independent 
verification and validation agent is currently under contract 
for the project; 
(5) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and 
(6) is reviewed by the Government Accountability Office. 
CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, and agricultural inspections 
and regulatory activities related to plant and animal imports; 
acquisition, lease, maintenance and operation of aircraft; purchase 
and lease of up to 4,500 (3,935 for replacement only) police-type 
vehicles; and contracting with individuals for personal services 
abroad; $4,826,323,000; of which $3,000,000 shall be derived from 
the Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant 
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 
to exceed $45,000 shall be for official reception and representation 
expenses; of which not less than $163,560,000 shall be for Air 
and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act
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of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment 
for rental space in connection with preclearance operations; of which 
not to exceed $1,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security: Provided, That for fiscal year 
2006, the overtime limitation prescribed in section 5(c)(1) of the 
Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; 
and notwithstanding any other provision of law, none of the funds 
appropriated by this Act may be available to compensate any 
employee of United States Customs and Border Protection for over-
time, from whatever source, in an amount that exceeds such limita-
tion, except in individual cases determined by the Secretary of 
Homeland Security, or the designee of the Secretary, to be necessary 
for national security purposes, to prevent excessive costs, or in 
cases of immigration emergencies: Provided further, That of the 
total amount provided, $10,000,000 may not be obligated until 
the Secretary submits to the Committees on Appropriations of the 
Senate and the House of Representatives all required reports 
related to air and marine operations: Provided further, That no 
funds shall be available for the site acquisition, design, or construc-
tion of any Border Patrol checkpoint in the Tucson sector: Provided 
further, That the Border Patrol shall relocate its checkpoints in 
the Tucson sector at least once every seven days in a manner 
designed to prevent persons subject to inspection from predicting 
the location of any such checkpoint. 
AUTOMATION MODERNIZATION 
For expenses for customs and border protection automated 
systems, $456,000,000, to remain available until expended, of which 
not less than $320,000,000 shall be for the development of the 
Automated Commercial Environment: Provided, That none of the 
funds made available under this heading may be obligated for 
the Automated Commercial Environment until the Committees on 
Appropriations of the Senate and the House of Representatives 
receive and approve a plan for expenditure prepared by the Sec-
retary of Homeland Security that—
(1) meets the capital planning and investment control 
review requirements established by the Office of Management 
and Budget, including Circular A–11, part 7; 
(2) complies with the Department of Homeland Security 
information systems enterprise architecture; 
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the 
Federal Government; 
(4) includes a certification by the Chief Information Officer 
of the Department of Homeland Security that an independent 
verification and validation agent is currently under contract 
for the project; 
(5) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and 
(6) is reviewed by the Government Accountability Office.
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AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND 
PROCUREMENT 
For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aerial vehicles, 
and other related equipment of the air and marine program, 
including operational training and mission-related travel, and rental 
payments for facilities occupied by the air or marine interdiction 
and demand reduction programs, the operations of which include 
the following: the interdiction of narcotics and other goods; the 
provision of support to Federal, State, and local agencies in the 
enforcement or administration of laws enforced by the Department 
of Homeland Security; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State, 
and local agencies in other law enforcement and emergency humani-
tarian efforts, $400,231,000, to remain available until expended: 
Provided, That no aircraft or other related equipment, with the 
exception of aircraft that are one of a kind and have been identified 
as excess to United States Customs and Border Protection require-
ments and aircraft that have been damaged beyond repair, shall 
be transferred to any other Federal agency, department, or office 
outside of the Department of Homeland Security during fiscal year 
2006 without the prior approval of the Committees on Appropria-
tions of the Senate and the House of Representatives. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $270,000,000, to remain available until expended: Provided, 
That of the total amount provided under this heading, $35,000,000 
shall be available for the San Diego sector fence; $35,000,000 shall 
be available for Tucson sector tactical infrastructure; and 
$26,000,000 shall be available for the Advanced Training Center. 
IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations; and pur-
chase and lease of up to 2,740 (2,000 for replacement only) police-
type vehicles; $3,108,499,000, of which not to exceed $7,500,000 
shall be available until expended for conducting special operations 
pursuant to section 3131 of the Customs Enforcement Act of 1986 
(19 U.S.C. 2081); of which not to exceed $15,000 shall be for official 
reception and representation expenses; of which not to exceed 
$1,000,000 shall be for awards of compensation to informants, to 
be accounted for solely under the certificate of the Secretary of 
Homeland Security; of which not less than $102,000 shall be for 
promotion of public awareness of the child pornography tipline; 
of which not less than $203,000 shall be for Project Alert; of which 
not less than $5,000,000 may be used to facilitate agreements 
consistent with section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)); and of which not to exceed $11,216,000 
shall be available to fund or reimburse other Federal agencies 
for the costs associated with the care, maintenance, and repatriation
H. R. 2360—6
of smuggled illegal aliens: Provided, That none of the funds made 
available under this heading shall be available to compensate any 
employee for overtime in an annual amount in excess of $35,000, 
except that the Secretary of Homeland Security, or the designee 
of the Secretary, may waive that amount as necessary for national 
security purposes and in cases of immigration emergencies: Pro-
vided further, That of the total amount provided, $15,770,000 shall 
be for activities to enforce laws against forced child labor in fiscal 
year 2006, of which not to exceed $6,000,000 shall remain available 
until expended: Provided further, That of the amounts appropriated, 
$5,000,000 shall not be available for obligation until the Secretary 
of Homeland Security submits to the Committees on Appropriations 
of the Senate and the House of Representatives a national detention 
management plan, including the use of regional detention contracts 
and alternatives to detention. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited to this 
account, not to exceed $487,000,000, shall be available until 
expended for necessary expenses related to the protection of feder-
ally-owned and leased buildings and for the operations of the Fed-
eral Protective Service. 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforcement auto-
mated systems, $40,150,000, to remain available until expended: 
Provided, That none of the funds made available under this heading 
may be obligated until the Committees on Appropriations of the 
Senate and the House of Representatives receive and approve a 
plan for expenditure prepared by the Secretary of Homeland Secu-
rity that—
(1) meets the capital planning and investment control 
review requirements established by the Office of Management 
and Budget, including Circular A–11, part 7; 
(2) complies with the Department of Homeland Security 
information systems enterprise architecture; 
(3) complies with the acquisition rules, requirements, guide-
lines, and systems acquisition management practices of the 
Federal Government; 
(4) includes a certification by the Chief Information Officer 
of the Department of Homeland Security that an independent 
verification and validation agent is currently under contract 
for the project; 
(5) is reviewed and approved by the Department of Home-
land Security Investment Review Board, the Secretary of Home-
land Security, and the Office of Management and Budget; and 
(6) is reviewed by the Government Accountability Office. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $26,546,000, to remain available until expended.
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TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing civil aviation security services pursuant 
to the Aviation and Transportation Security Act (Public Law 107–
71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,607,386,000, to remain 
available until September 30, 2007, of which not to exceed $3,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not 
to exceed $3,605,438,000 shall be for screening operations, of which 
$175,000,000 shall be available only for procurement of checked 
baggage explosive detection systems and $45,000,000 shall be avail-
able only for installation of checked baggage explosive detection 
systems; and not to exceed $1,001,948,000 shall be for aviation 
security direction and enforcement presence: Provided further, That 
security service fees authorized under section 44940 of title 49, 
United States Code, shall be credited to this appropriation as offset-
ting collections and shall be available only for aviation security: 
Provided further, That the sum herein appropriated from the Gen-
eral Fund shall be reduced on a dollar-for-dollar basis as such 
offsetting collections are received during fiscal year 2006, so as 
to result in a final fiscal year appropriation from the General 
Fund estimated at not more than $2,617,386,000: Provided further, 
That any security service fees collected in excess of the amount 
made available under this heading shall become available during 
fiscal year 2007: Provided further, That notwithstanding section 
44923 of title 49, United States Code, the share of the cost of 
the Federal Government for a project under any letter of intent 
shall be 75 percent for any medium or large hub airport and 
90 percent for any other airport, and all funding provided by section 
44923(h) of title 49 United States Code, or from appropriations 
authorized under section 44923(i)(1) of title 49 United States Code, 
may be distributed in any manner deemed necessary to ensure 
aviation security and to fulfill the Government’s planned cost share 
under existing letters of intent: Provided further, That heads of 
Federal agencies and commissions shall not be exempt from Federal 
passenger and baggage screening: Provided further, That reimburse-
ment for security services and related equipment and supplies 
provided in support of general aviation access to the Ronald Reagan 
Washington National Airport shall be credited to this appropriation 
and shall be available until expended solely for these purposes: 
Provided further, That none of the funds in this Act shall be 
used to recruit or hire personnel into the Transportation Security 
Administration which would cause the agency to exceed a staffing 
level of 45,000 full-time equivalent screeners. 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing surface transportation security activi-
ties, $36,000,000, to remain available until September 30, 2007. 
TRANSPORTATION VETTING AND CREDENTIALING 
For necessary expenses for the development and implementa-
tion of screening programs of the Office of Transportation Vetting
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and Credentialing, $74,996,000, to remain available until September 
30, 2007. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Security Adminis-
tration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security 
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$510,483,000, to remain available until September 30, 2007: Pro-
vided, That of the funds appropriated under this heading, 
$5,000,000 may not be obligated until the Secretary submits to 
the Committees on Appropriations of the Senate and the House 
of Representatives: (1) a plan for optimally deploying explosive 
detection equipment, either in-line or to replace explosive trace 
detection machines, at the Nation’s airports on a priority basis 
to enhance security, reduce Transportation Security Administration 
staffing requirements, and reduce long-term costs; and (2) a detailed 
expenditure plan for explosive detection systems procurement and 
installations on an airport-by-airport basis for fiscal year 2006: 
Provided further, That these plans shall be submitted no later 
than 60 days from the date of enactment of this Act. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal Air Marshals, 
$686,200,000. 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses for the operation and maintenance of 
the United States Coast Guard not otherwise provided for; purchase 
or lease of not to exceed 25 passenger motor vehicles, which shall 
be for replacement only; payments pursuant to section 156 of Public 
Law 97–377 (42 U.S.C. 402 note); and recreation and welfare; 
$5,492,331,000, of which $1,200,000,000 shall be for defense-related 
activities; of which $24,500,000 shall be derived from the Oil Spill 
Liability Trust Fund to carry out the purposes of section 1012(a)(5) 
of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of 
which not to exceed $3,000 shall be for official reception and rep-
resentation expenses: Provided, That none of the funds made avail-
able by this or any other Act shall be available for administrative 
expenses in connection with shipping commissioners in the United 
States: Provided further, That none of the funds made available 
by this Act shall be for expenses incurred for yacht documentation 
under section 12109 of title 46, United States Code, except to 
the extent fees are collected from yacht owners and credited to 
this appropriation. 
In addition, of the funds appropriated under this heading in 
Public Law 108–11 (117 Stat. 583), $15,103,569 are rescinded. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the environmental compli-
ance and restoration functions of the United States Coast Guard
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under chapter 19 of title 14, United States Code, $12,000,000, 
to remain available until expended. 
RESERVE TRAINING 
For necessary expenses of the Coast Guard Reserve, as author-
ized by law; operations and maintenance of the reserve program; 
personnel and training costs; and equipment and services; 
$119,000,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
For necessary expenses of acquisition, construction, renovation, 
and improvement of aids to navigation, shore facilities, vessels, 
and aircraft, including equipment related thereto; and maintenance, 
rehabilitation, lease and operation of facilities and equipment, as 
authorized by law; $1,141,800,000, of which $20,000,000 shall be 
derived from the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 
(33 U.S.C. 2712(a)(5)); of which $18,500,000 shall be available until 
September 30, 2010, to acquire, repair, renovate, or improve vessels, 
small boats, and related equipment; of which $20,000,000 shall 
be available until September 30, 2010, to increase aviation capa-
bility; of which $65,000,000 shall be available until September 
30, 2008, for other equipment; of which $31,700,000 shall be avail-
able until September 30, 2008, for shore facilities and aids to 
navigation facilities; of which $73,500,000 shall be available for 
personnel compensation and benefits and related costs; and of which 
$933,100,000 shall be available until September 30, 2010, for the 
Integrated Deepwater Systems program: Provided, That the Com-
mandant of the Coast Guard is authorized to dispose of surplus 
real property, by sale or lease, and the proceeds shall be credited 
to this appropriation as offsetting collections and shall be available 
until September 30, 2008: Provided further, That the Secretary 
of Homeland Security shall submit to the Committees on Appropria-
tions of the Senate and the House of Representatives, in conjunction 
with the President’s fiscal year 2007 budget, a review of the Revised 
Deepwater Implementation Plan that identifies any changes to 
the plan for the fiscal year; an annual performance comparison 
of Deepwater assets to pre-Deepwater legacy assets; a status report 
of legacy assets; a detailed explanation of how the costs of legacy 
assets are being accounted for within the Deepwater program; an 
explanation of why many assets that are elements of the Integrated 
Deepwater System are not accounted for within the Deepwater 
appropriation under this heading; a description of the competitive 
process conducted in all contracts and subcontracts exceeding 
$5,000,000 within the Deepwater program; a description of how 
the Coast Guard is planning for the human resource needs of 
Deepwater assets; and the earned value management system gold 
card data for each Deepwater asset: Provided further, That the 
Secretary shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives a comprehensive 
review of the Revised Deepwater Implementation Plan every five 
years, beginning in fiscal year 2011, that includes a complete projec-
tion of the acquisition costs and schedule for the duration of the 
plan through fiscal year 2027: Provided further, That the Secretary 
shall annually submit to the Committees on Appropriations of the 
Senate and the House of Representatives, at the time that the