II 
Calendar No. 129
109TH CONGRESS 
1ST SESSION H.R. 2360
[Report No. 109–83] 
IN THE SENATE OF THE UNITED STATES 
MAY 18, 2005
Received; read twice and referred to the Committee on Appropriations 
JUNE 16, 2005
Reported by Mr. GREGG, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2006, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 Security for the fiscal year end-
ing September 30, 2006, and for other purposes, namely:
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TITLE I—DEPARTMENTAL MANAGEMENT AND 
OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE 
MANAGEMENT 
For necessary expenses of the Office of the Secretary 
of Homeland Security, as authorized by section 102 of the 
Homeland Security Act of 2002 (6 U.S.C. 112), and exec-
utive management of the Department of Homeland Secu-
rity, as authorized by law, $133,239,000 (reduced by 
$100,000): Provided, That not to exceed $40,000 shall be 
for official reception and representation expenses: Pro-
vided further, That of the amounts appropriated under 
this heading, $20,000,000 shall not be available for obliga-
tion until the Secretary of Homeland Security submits to 
the Committee on Appropriations of the House of Rep-
resentatives an immigration enforcement strategy to re-
duce the number of undocumented aliens, based upon the 
latest United States Census Bureau data, by 10 percent 
per year: Provided further, That of the amounts appro-
priated under this heading, $10,000,000 shall not be avail-
able for obligation until section 525 of this Act is imple-
mented: Provided further, That the Secretary shall submit 
all reports requested by the Committee on Appropriations 
of the House of Representatives for all agencies and com-
ponents of the Department of Homeland Security, as iden-
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tified in this Act and the House report accompanying this 
Act, by the dates specified: Provided further, That the con-
tent of all reports shall be in compliance with the direction 
and instructions included in this Act and the House report 
accompanying this Act by the dates specified: Provided 
further, That, of the amounts appropriated under this 
heading, $20,000,000 may not be obligated until the Com-
mittee on Appropriations of the House of Representatives 
has received all final reports in compliance with such di-
rection and instructions. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under 
Secretary for Management, as authorized by sections 701–
705 of the Homeland Security Act of 2002 (6 U.S.C. 341–
345), $146,084,000 (reduced by $26,100,000) (reduced 
by $50,000,000): Provided, That not to exceed $3,000 
shall be for official reception and representation expenses: 
Provided further, That of the total amount provided, 
$26,070,000 shall remain available until expended solely 
for the alteration and improvement of facilities, tenant im-
provements, and relocation costs to consolidate Depart-
ment headquarters operations.
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OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Fi-
nancial Officer, as authorized by section 103 of the Home-
land Security Act of 2002 (6 U.S.C. 113), $18,505,000. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief In-
formation Officer, as authorized by section 103 of the 
Homeland Security Act of 2002 (6 U.S.C. 113), and De-
partment-wide technology investments, $303,700,000; of 
which $75,756,000 shall be available for salaries and ex-
penses; and of which $227,944,000 shall be available for 
development and acquisition of information technology 
equipment, software, services, and related activities for the 
Department of Homeland Security, and for the costs of 
conversion to narrowband communications, including the 
cost for operation of the land mobile radio legacy systems, 
to remain available until expended: Provided, That none 
of the funds appropriated shall be used to support or sup-
plement the appropriations provided for the United States 
Visitor
and
Immigrant
Status
Indicator
Technology 
project or the Automated Commercial Environment: Pro-
vided further, That the Department shall report within 
180 days of enactment of this Act on its enterprise archi-
tecture and other strategic planning activities in accord-
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ance with the terms and conditions specified in the House 
report accompanying this Act. 
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 con-
fidential operational expenses, including the payment of 
informants, to be expended at the direction of the Inspec-
tor General. 
TITLE II—SECURITY, ENFORCEMENT, AND 
INVESTIGATIONS 
BORDER AND TRANSPORTATION SECURITY 
OFFICE OF THE UNDER SECRETARY FOR BORDER AND 
TRANSPORTATION SECURITY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Under 
Secretary for Border and Transportation Security, as au-
thorized by subtitle A of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 201 et seq.), $10,617,000: Pro-
vided, That not to exceed $3,000 shall be for official recep-
tion and representation expenses. 
AUTOMATION MODERNIZATION 
For necessary expenses of the United State Visitor 
and Immigrant Status Indicator Technology project, as 
authorized by section 110 of the Illegal Immigration Re-
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form and Immigration Responsibility Act of 1996 (8 
U.S.C. 1221 note) and for the development, deployment, 
and use of Free and Secure Trade (FAST), NEXUS, and 
Secure Electronic Network for Traveler’s Rapid Inspec-
tion (SENTRI), $411,232,000, to remain available until 
expended, which shall be allocated as follows: 
(1) $7,000,000 for FAST. 
(2) $14,000,000 for NEXUS/SENTRI. 
(3) $390,232,000 for the United States Visitor 
and Immigrant Status Indicator Technology project: 
Provided,
That
of
the
funds
provided
for
this 
project, $254,000,000 may not be obligated until the 
Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan 
for expenditure prepared by the Secretary of Home-
land Security that—
(A) meets the capital planning and invest-
ment control review requirements established by 
the Office of Management and Budget, includ-
ing Circular A–11, part 7; 
(B)
complies
with
the
Department
of 
Homeland Security enterprise information sys-
tems architecture; 
(C) complies with the acquisition rules, re-
quirements, guidelines, and systems acquisition
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management practices of the Federal Govern-
ment; 
(D) is reviewed and approved by the De-
partment of Homeland Security Investment Re-
view Board, the Secretary of Homeland Secu-
rity, and the Office of Management and Budg-
et; and 
(E) is reviewed by the Government Ac-
countability Office. 
CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relat-
ing to border security, immigration, customs, and agricul-
tural 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 con-
tracting with individuals for personal services abroad; 
$4,885,544,000; of which $3,000,000 shall be derived 
from the Harbor Maintenance Trust Fund for administra-
tive expenses related to the collection of the Harbor Main-
tenance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 and notwithstanding section 
1511(e)(1) of the Homeland Security Act of 2002 (6 
U.S.C. 551(e)(1)); of which not to exceed $35,000 shall
HR 2360 RS 
be for official reception and representation expenses; of 
which not less than $141,060,000 shall be for Air and Ma-
rine Operations; of which not to exceed $174,800,000 
shall remain available until September 30, 2007, for in-
spection and surveillance technology, unmanned aerial ve-
hicles, and replacement aircraft; of which such sums as 
become available in the Customs User Fee Account, except 
sums subject to section 13031(f)(3) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)), shall be derived from that account; of which 
not to exceed $150,000 shall be available for payment for 
rental space in connection with preclearance operations; 
of which not to exceed $1,000,000 shall be for awards of 
compensation to informants, to be accounted for solely 
under the certificate of the Under Secretary for Border 
and Transportation Security; and of which not to exceed 
$5,000,000 shall be available for payments or advances 
arising out of contractual or reimbursable agreements 
with State and local law enforcement agencies while en-
gaged in cooperative activities related to immigration: Pro-
vided, 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 not-
withstanding any other provision of law, none of the funds 
appropriated in this Act may be available to compensate
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any employee of the Bureau of Customs and Border Pro-
tection for overtime, from whatever source, in an amount 
that exceeds such limitation, except in individual cases de-
termined by the Under Secretary for Border and Trans-
portation Security, or a designee, to be necessary for na-
tional 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 ob-
ligated until the Secretary submits to the Committee on 
Appropriations of the House of Representatives all re-
quired reports related to air and marine operations: Pro-
vided
further,
That
of
the
total
amount
provided, 
$2,000,000 may not be obligated until the Secretary sub-
mits to the Committee on Appropriations of the House 
of Representatives a report on the performance of the Im-
migration Advisory Program as directed in House Report 
No. 108–541: Provided further, That of the total amount 
provided, $70,000,000 may not be obligated until the Sec-
retary submits to the Committee on Appropriations of the 
House of Representatives part two of the report on the 
performance of the Container Security Initiative progam, 
as directed in House Report 180–541: Provided further, 
That no funds shall be available for the site acquisition, 
design, or construction of any Border Patrol checkpoint 
in the Tucson sector: Provided further, That the Border
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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 auto-
mated systems, $458,009,000, to remain available until 
expended, of which not less than $321,690,000 shall be 
for the development of the Automated Commercial Envi-
ronment: Provided, That none of the funds appropriated 
under this heading may be obligated for the Automated 
Commercial Environment until the Committees on Appro-
priations of the Senate and the House of Representatives 
receive and approve a plan for expenditure prepared by 
the Under Secretary for Border and Transportation 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’s enterprise information systems architec-
ture; 
(3) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition manage-
ment practices of the Federal Government;
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(4) is reviewed and approved by the Depart-
ment
of
Homeland
Security
Investment
Review 
Board, the Secretary of Homeland Security, and the 
Office of Management and Budget; and 
(5) is reviewed by the Government Account-
ability Office. 
AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, and 
other related equipment of the air and marine program, 
including operational training and mission-related travel, 
and rental payments for facilities occupied by the air or 
marine interdiction and demand reduction programs, the 
operations of which include the following: the interdiction 
of narcotics and other goods; the provision of support to 
Federal, State, and local agencies in the enforcement or 
administration of laws enforced by the Department of 
Homeland Security; and at the discretion of the Under 
Secretary for Border and Transportation Security, the 
provision of assistance to Federal, State, and local agen-
cies in other law enforcement and emergency humani-
tarian efforts, $347,780,000, to remain available until ex-
pended: Provided, That no aircraft or other related equip-
ment, with the exception of aircraft that are one of a kind 
and have been identified as excess to Bureau of Customs
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and Border Protection requirements and aircraft that 
have been damaged beyond repair, shall be transferred to 
any other Federal agency, department, or office outside 
of the Department of Homeland Security during fiscal 
year 2006 without the prior approval of the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of the laws relating 
to customs and immigration, $93,418,000, to remain 
available until expended. 
IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigra-
tion and customs laws, detention and removals, and inves-
tigations; and purchase and lease of up to 2,300 (2,000 
for replacement only) police-type vehicles, $3,064,081,000 
(reduced by $5,000,000) (increased by $5,000,000), of 
which not to exceed $10,000,000 shall be available until 
expended for conducting special operations pursuant to 
section 3131 of the Customs Enforcement Act of 1986 (19 
U.S.C. 2081); of which not to exceed $15,000 shall be for 
official reception and representation expenses; of which 
not to exceed $1,000,000 shall be for awards of compensa-
HR 2360 RS 
tion to informants, to be accounted for solely under the 
certificate of the Under Secretary for Border and Trans-
portation Security; of which not less than $102,000 shall 
be for promotion of public awareness of the child pornog-
raphy tipline; of which not less than $203,000 shall be 
for Project Alert; of which not less than $5,000,000 shall 
be for costs to implement section 287(g) of the Immigra-
tion and Nationality Act, as amended; and of which not 
to exceed $11,216,000 shall be available to fund or reim-
burse other Federal agencies for the costs associated with 
the care, maintenance, and repatriation of smuggled illegal 
aliens: Provided, That none of the funds appropriated 
shall be available to compensate any employee for overtime 
in an annual amount in excess of $35,000, except that 
the Under Secretary for Border and Transportation Secu-
rity may waive that amount as necessary for national secu-
rity purposes and in cases of immigration emergencies: 
Provided further, That of the total amount provided, 
$3,045,000 shall be for activities to enforce laws against 
forced child labor in fiscal year 2006, of which not to ex-
ceed $2,000,000 shall remain available until expended: 
Provided further, That of the amounts appropriated, 
$50,000,000 shall not be available for obligation until the 
Assistant Secretary of Immigration and Customs Enforce-
ment submits to the Committee on Appropriations of the
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House of Representatives a national detention manage-
ment plan including the use of regional detention con-
tracts and alternatives to detention: Provided further, That 
the Assistant Secretary of Immigration and Customs En-
forcement, with concurrence of the Secretary of Homeland 
Security, shall submit, by December 1, 2005, to the Com-
mittee on Appropriations of the House of Representatives 
a plan for the expanded use of Immigration Enforcement 
Agents to enforce administrative violations of United 
States immigration laws. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal Air Marshals, 
$698,860,000, of which not to exceed $5,000,000 shall re-
main available until expended.
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account, not to exceed $487,000,000, shall be avail-
able until expended for necessary expenses related to the 
protection of federally-owned and leased buildings and for 
the operations of the Federal Protective Service. 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforce-
ment automated systems, $40,150,000, to remain avail-
able until expended: Provided, That none of the funds ap-
propriated under this heading may be obligated until the 
Committees on Appropriations of the Senate and the
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House of Representatives receive and approve a plan for 
expenditure prepared by the Under Secretary for Border 
and Transportation Security that— 
(1) meets the capital planning and investment 
control review requirements established by the Office 
of Management and Budget, including Circular A–
11, part 7; 
(2) complies with the Department of Homeland 
Security enterprise information systems architecture; 
(3) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition manage-
ment practices of the Federal Government; 
(4) is reviewed and approved by the Depart-
ment
of
Homeland
Security
Investment
Review 
Board, the Secretary of Homeland Security, and the 
Office of Management and Budget; and 
(5) is reviewed by the Government Account-
ability Office. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
the administration and enforcement of the laws relating 
to customs and immigration, $26,546,000, to remain 
available until expended.
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TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to providing aviation security, 
$4,591,612,000, to remain available until September 30, 
2007, of which not to exceed $3,000 shall be available for 
official reception and representation expenses: Provided, 
That of the total amount provided under this heading, not 
to exceed $3,608,599,000 shall be for screening oper-
ations, of which $170,000,000 shall be available only for 
procurement of checked baggage explosive detection sys-
tems and $75,000,000 shall be available only for installa-
tion of checked baggage explosive detection systems; and 
not to exceed $983,013,000 shall be for aviation security 
direction and enforcement presence: Provided further, 
That security service fees authorized under section 44940 
of title 49, United States Code, shall be credited to this 
appropriation as offsetting collections: Provided further, 
That the sum herein appropriated from the General Fund 
shall be reduced on a dollar-for-dollar basis as such offset-
ting collections are received during fiscal year 2006, so 
as to result in a final fiscal year appropriation from the 
General
Fund
estimated
at
not
more
than 
$2,601,612,000: Provided further, That any security serv-
ice fees collected in excess of the amount appropriated
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under this heading shall become available during fiscal 
year 2007: Provided further, That none of the funds in 
this Act shall be used to recruit or hire personnel into the 
Transportation
Security
Administration
which
would 
cause the agency to exceed a staffing level of 45,000 full-
time equivalent screeners. 
SURFACE TRANSPORTATION SECURITY
For necessary expenses of the Transportation Secu-
rity Administration related to providing surface transpor-
tation security activities, $36,000,000, to remain available 
until September 30, 2007. 
TRANSPORTATION VETTING AND CREDENTIALING 
For necessary expenses for the development and im-
plementation of screening programs by the Office of 
Transportation Vetting and Credentialing, $84,294,000. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Secu-
rity Administration related to providing transportation se-
curity support and intelligence activities, $541,008,000, to 
remain available until September 30, 2007: Provided, 
That of the funds appropriated under this heading, 
$50,000,000 may not be obligated until the Secretary sub-
mits to the Committee on Appropriations of the House 
of Representatives: (1) a plan for optimally deploying ex-
plosive detection equipment, either in-line or to replace ex-
plosive trace detection machines, at the Nation’s airports
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on a priority basis to enhance security, reduce Transpor-
tation Security Administration staffing requirements, and 
long-term costs; and (2) a detailed spend plan for explo-
sive detection systems procurement and installations on an 
airport-by-airport basis for fiscal year 2006: Provided fur-
ther, That these plans shall be submitted no later than 
60 days after enactment of this Act. 
UNITED STATES COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and mainte-
nance of the Coast Guard not otherwise provided for, pur-
chase or lease of not to exceed 25 passenger motor vehicles 
for replacement only, payments pursuant to section 156 
of Public Law 97–377 (42 U.S.C. 402 note), and recre-
ation
and
welfare,
$5,500,000,000,
of
which 
$1,200,000,000 shall be for defense-related activities; of 
which $24,500,000 shall be derived from the Oil Spill Li-
ability Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); and of which not to exceed $3,000 shall be 
for official reception and representation expenses: Pro-
vided, That none of the funds appropriated by this or any 
other Act shall be available for administrative expenses in 
connection with shipping commissioners in the United 
States: Provided further, That none of the funds provided