II 
Calendar No. 503 
109TH CONGRESS 
2D SESSION H.R. 5441 
[Report No. 109–273] 
IN THE SENATE OF THE UNITED STATES 
JUNE 7, 2006 
Received; read twice and referred to the Committee on Appropriations 
JUNE 29, 2006 
Reported by Mr. GREGG, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2007, 
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 
fiscal year ending September 30, 2007, for the Depart-
ment of Homeland Security and for other purposes, name-
ly:
HR 5441 RS 
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, $95,884,000 (reduced by 
$3,000,000) (reduced by $5,000,000): Provided, That not 
to exceed $40,000 shall be for official reception and rep-
resentation expenses: Provided further, That of the funds 
provided under this heading, $10,000,000 shall not be 
available for obligation until the Secretary of Homeland 
Security submits a comprehensive port, container, and 
cargo security strategic plan to the Committee on Appro-
priations and Committee on Homeland Security of the 
House of Representatives that requires screening all in-
bound cargo, doubles the percentage of inbound cargo cur-
rently inspected, sets minimum standards for securing in-
bound cargo, and includes the fiscal year 2007 perform-
ance requirements for port, container, and cargo security 
as specified in the report accompanying this Act: Provided 
further, That the Secretary is directed to submit the Se-
cure Border Initiative multi-year strategic plan to the
HR 5441 RS 
Committee on Appropriations and the Committee on 
Homeland Security of the House of Representatives no 
later than November 1, 2006 that includes: a comprehen-
sive mission statement; an identification of long-term 
goals; an explanation of how long-term goals will be 
achieved; schedule and resource requirements for goal 
achievement; an identification of annual performance 
goals and how they link to long-term goals; an identifica-
tion of annual performance measures used to gauge effec-
tiveness towards goal achievement by goal; and an identi-
fication of major capital assets critical to program success. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under 
Secretary for Management, as authorized by sections 701 
through 705 of the Homeland Security Act of 2002 (6 
U.S.C.
341–345),
$159,489,000
(reduced
by 
$15,000,000) (reduced by $50,000,000) (reduced by 
$24,000,000): Provided, That not to exceed $3,000 shall 
be for official reception and representation expenses: Pro-
vided
further,
That
of
the
total
amount
provided, 
$8,206,000 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.
HR 5441 RS 
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), $43,480,000, 
of which $18,000,000 is for the eMerge2 Program: Pro-
vided, That $10,000,000 shall be withheld from obligation 
until the Office of the Chief Financial Officer submits 
monthly budget execution reports to the Committees on 
Appropriations of the Senate and the House of Represent-
atives as required by section 529 of this Act. 
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, $364,765,000; of 
which $79,521,000 shall be available for salaries and ex-
penses; and of which $285,244,000 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
HR 5441 RS 
Visitor
and
Immigrant
Status
Indicator
Technology 
project or the Automated Commercial Environment. 
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. 121 et 
seq.), $298,663,000, to remain available until September 
30, 2008, of which not to exceed $5,000 shall be for offi-
cial reception and representation expenses. 
OFFICE OF THE FEDERAL COORDINATOR FOR GULF 
COAST REBUILDING 
For necessary expenses of the Office of the Federal 
Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro-
vided, That $1,000,000 shall not be available for obliga-
tion until the Federal Coordinator submits to the Com-
mittee on Appropriations of the House of Representatives 
a report related to Federal rebuilding efforts. 
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.), $96,185,000, 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.
HR 5441 RS 
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 Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1365a), $362,494,000, to remain 
available until expended: Provided, That of the total 
amount made available under this heading, $312,494,000 
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 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;
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(3) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition manage-
ment practices of the Federal Government; 
(4) includes a certification by the Chief Infor-
mation Officer of the Department of Homeland Se-
curity that an independent verification and valida-
tion agent is currently under contract for the 
project; 
(5) 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 
(6) is reviewed by the Government Account-
ability 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; purchase and lease of up to 4,500 
(3,500 for replacement only) police-type vehicles; and con-
tracting with individuals for personal services abroad; 
$5,435,310,000
(reduced
by
$2,000,000);
of
which 
$3,026,000 shall be derived from the Harbor Maintenance 
Trust Fund for administrative expenses related to the col-
HR 5441 RS 
lection 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 $162,976,000 shall be for Air and Ma-
rine 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 Budg-
et 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; and of which 
not to exceed $1,000,000 shall be for awards of compensa-
tion to informants, to be accounted for solely under the 
certificate of the Secretary of Homeland Security: Pro-
vided, That for fiscal year 2007, 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 by this Act may be available to compensate 
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-
HR 5441 RS 
termined by the Secretary of Homeland Security, or the 
designee of the Secretary, to be necessary for national se-
curity purposes, to prevent excessive costs, or in cases of 
immigration emergencies: Provided further, That no funds 
shall be available for the site acquisition, design, or con-
struction of any Border Patrol checkpoint in the Tucson 
sector: Provided further, That the Border Patrol shall relo-
cate 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: Provided further, That of the total 
amount made available under this heading, $115,000,000 
shall be for the Secure Border Initiative Technology and 
Tactical Infrastructure (SBInet) program, project, and 
activity, to remain available until expended, of which 
$25,000,000 shall not be available for obligation 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) defines activities, milestones, and costs for 
implementing the program; 
(2) demonstrates how activities will further the 
goals and objectives of the SBI, as defined in the 
SBI multi-year strategic plan;
HR 5441 RS 
(3) identifies funding and the organizational 
staffing (including full-time employee equivalents, 
contractors, and detailees) requirements by activity; 
(4) reports on costs incurred, the activities com-
pleted, and the progress made by the program; 
(5) includes a certification by the Chief Pro-
curement Officer of the Department of Homeland 
Security that procedures to prevent conflicts of in-
terest between the prime integrator and major sub-
contractors are established and that an independent 
verification and validation agent is currently under 
contract for the project; 
(6) 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; 
(7) complies with the capital planning and in-
vestment control review requirements established by 
the Office of Management and Budget, including 
Circular A–11, part 7; 
(8)
complies
with
all
applicable
acquisition 
rules, requirements, guidelines, and best systems ac-
quisition management practices of the Federal Gov-
ernment; and
HR 5441 RS 
(9) is reviewed by the Government Account-
ability Office. 
AUTOMATION MODERNIZATION 
For expenses for customs and border protection auto-
mated systems, $451,440,000, to remain available until 
expended, of which not less than $316,800,000 shall be 
for the development of the Automated Commercial Envi-
ronment: Provided, That of the total amount made avail-
able under this heading, $216,800,000 may not be obli-
gated 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 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, require-
ments, guidelines, and systems acquisition manage-
ment practices of the Federal Government; 
(4) includes a certification by the Chief Infor-
mation Officer of the Department of Homeland Se-
HR 5441 RS 
curity that an independent verification and valida-
tion agent is currently under contract for the 
project; 
(5) 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 
(6) is reviewed by the Government Account-
ability Office. 
CBP AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, un-
manned aerial vehicles, and other related equipment of the 
air and marine program, including operational training 
and mission-related travel, and rental payments for facili-
ties 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 agen-
cies in the enforcement or administration of laws enforced 
by the Department of Homeland Security; and at the dis-
cretion of the Secretary of Homeland Security, the provi-
sion of assistance to Federal, State, and local agencies in 
other law enforcement and emergency humanitarian ef-
HR 5441 RS 
forts, $373,199,000, 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 the Bureau of Customs 
and Border Protection requirements and aircraft that 
have been damaged beyond repair, shall be transferred to 
any other Federal agency, department, or office outside 
of the Department of Homeland Security during fiscal 
year 2007 without the prior approval of the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives: Provided further, That of the total amount 
made available under this heading, $6,800,000 shall not 
be available for obligation until the Committee on Appro-
priations, the Committee on Transportation and Infra-
structure, and the Committee on Homeland Security of 
the House of Representatives receive a report on the April 
25, 2006, unmanned aerial vehicle mishap. 
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, $175,154,000, to remain 
available until expended.
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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 2,740 (2,000 
for replacement only) police-type vehicles, $3,843,257,000 
(increased by $5,000,000) (increased by $2,000,000), of 
which not to exceed $7,500,000 shall be available until ex-
pended for conducting special operations pursuant to sec-
tion 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-
tion 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 $5,400,000 may be used to facilitate agree-
ments 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 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 made available
HR 5441 RS 
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: Provided further, That of the 
total amount provided, $15,770,000 shall be for activities 
to enforce laws against forced child labor in fiscal year 
2007, of which not to exceed $6,000,000 shall remain 
available until expended. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account, not to exceed $516,011,000, 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. 
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, $26,281,000, to remain 
available until expended.
HR 5441 RS 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Secu-
rity Administration related to providing civil aviation secu-
rity services pursuant to the Aviation and Transportation 
Security Act (Public Law 107–71; 115 Stat. 597; 49 
U.S.C. 40101 note), $4,704,414,000, to remain available 
until September 30, 2008, 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 $3,740,866,000 shall be for 
screening operations, of which $136,000,000 shall be 
available only for procurement of checked baggage explo-
sive detection systems and $94,000,000 shall be available 
only for installation of checked baggage explosive detection 
systems; and not to exceed $963,548,000 shall be for avia-
tion security direction and enforcement: 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 and shall be avail-
able only for aviation security: Provided further, That the 
sum herein appropriated from the General Fund shall be 
reduced on a dollar-for-dollar basis as such offsetting col-
lections are received during fiscal year 2007, so as to re-
sult in a final fiscal year appropriation from the General
HR 5441 RS 
Fund estimated at not more than $2,284,414,000: Pro-
vided further, That any security service fees collected in 
excess of the amount made available under this heading 
shall become available during fiscal year 2008: 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 
not more than 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 sec-
tion 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 fur-
ther, That no funding may be obligated for air cargo secu-
rity, other than that for air cargo inspectors, canines, and 
screeners, until a detailed air cargo security action plan 
addressing each of the recommendations contained in the 
2005 Government Accountability Office Report (GAO–06– 
76) on domestic air cargo security is provided to the Com-
mittee on Appropriations and Committee on Homeland 
Security of the House of Representatives: Provided fur-
ther, That beginning in fiscal year 2007 and thereafter, 
reimbursement for security services and related equipment
HR 5441 RS 
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 those purposes: Provided further, 
That none of the funds in this Act shall be used to recruit 
or hire personnel into the Transportation Security Admin-
istration which would cause the agency to exceed a staff-
ing 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, $37,200,000, to remain available 
until September 30, 2008. 
TRANSPORTATION THREAT ASSESSMENT AND 
CREDENTIALING 
For necessary expenses for the development and im-
plementation of screening programs of the Office of 
Transportation Threat Assessment and Credentialing, 
$74,700,000, to remain available until September 30, 
2008. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Secu-
rity Administration related to providing transportation se-
curity support and intelligence pursuant to the Aviation 
and Transportation Security Act (Public Law 107–71; 
115 Stat. 597; 49 U.S.C. 40101 note), $523,283,000 (re-