H. R. 5441—22
not to exceed $3,000 shall be for official reception and representation 
expenses. 
RESEARCH, DEVELOPMENT, AND OPERATIONS 
For necessary expenses for radiological and nuclear research, 
development, testing, evaluation and operations, $272,500,000, to 
remain available until expended: Provided, That of the amount 
provided under this heading, $15,000,000 shall not be obligated 
until the Secretary of Homeland Security provides notification to 
the Committees on Appropriations of the Senate and the House 
of Representatives that the Domestic Nuclear Detection Office has 
entered into a Memorandum of Understanding with each Federal 
entity and organization: Provided further, That each Memorandum 
of Understanding shall include a description of the role, responsibil-
ities, and resource commitment of each Federal entity or organiza-
tion for the global architecture. 
SYSTEMS ACQUISITION 
For expenses for the Domestic Nuclear Detection Office acquisi-
tion and deployment of radiological detection systems in accordance 
with the global nuclear detection architecture, $178,000,000, to 
remain available until September 30, 2009; and of which no less 
than $143,000,000 shall be for radiation portal monitors; and of 
which not to exceed $5,000,000 shall be for the Surge program: 
Provided, That none of the funds appropriated under this heading 
shall be obligated for full scale procurement of Advanced 
Spectroscopic Portal Monitors until the Secretary of Homeland Secu-
rity has certified through a report to the Committees on Appropria-
tions of the Senate and the House of Representatives that a signifi-
cant increase in operational effectiveness will be achieved. 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 502. Subject to the requirements of section 503 of this 
Act, the unexpended balances of prior appropriations provided for 
activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this Act: Provided, That 
balances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one 
fund for the same time period as originally enacted. 
SEC. 503. (a) None of the funds provided by this Act, provided 
by previous appropriations Acts to the agencies in or transferred 
to the Department of Homeland Security that remain available 
for obligation or expenditure in fiscal year 2007, or provided from 
any accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a re-
programming of funds that: (1) creates a new program; (2) elimi-
nates a program, project, or activity; (3) increases funds for any 
program, project, or activity for which funds have been denied 
or restricted by the Congress; (4) proposes to use funds directed
H. R. 5441—23
for a specific activity by either of the Committees on Appropriations 
of the Senate or House of Representatives for a different purpose; 
or (5) contracts out any function or activity for which funds have 
been appropriated for Federal full-time equivalent positions; unless 
the Committees on Appropriations of the Senate and the House 
of Representatives are notified 15 days in advance of such re-
programming of funds. 
(b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Depart-
ment of Homeland Security that remain available for obligation 
or expenditure in fiscal year 2007, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be avail-
able for obligation or expenditure for programs, projects, or activities 
through a reprogramming of funds in excess of $5,000,000 or 10 
percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 
10 percent as approved by the Congress; or (3) results from any 
general savings from a reduction in personnel that would result 
in a change in existing programs, projects, or activities as approved 
by the Congress; unless the Committees on Appropriations of the 
Senate and the House of Representatives are notified 15 days 
in advance of such reprogramming of funds. 
(c) Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of Homeland Security 
by this Act or provided by previous appropriations Acts may be 
transferred between such appropriations, but no such appropria-
tions, except as otherwise specifically provided, shall be increased 
by more than 10 percent by such transfers: Provided, That any 
transfer under this section shall be treated as a reprogramming 
of funds under subsection (b) of this section and shall not be 
available for obligation unless the Committees on Appropriations 
of the Senate and the House of Representatives are notified 15 
days in advance of such transfer. 
(d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances 
which imminently threaten the safety of human life or the protec-
tion of property. 
SEC. 504. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used 
to make payments to the ‘‘Department of Homeland Security 
Working Capital Fund’’, except for the activities and amounts 
allowed in the President’s fiscal year 2007 budget, excluding sedan 
service, shuttle service, transit subsidy, mail operations, parking, 
and competitive sourcing: Provided, That any additional activities 
and amounts shall be approved by the Committees on Appropria-
tions of the Senate and the House of Representatives 30 days 
in advance of obligation. 
SEC. 505. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2007 from appropriations for salaries 
and expenses for fiscal year 2007 in this Act shall remain available 
through September 30, 2008, in the account and for the purposes 
for which the appropriations were provided: Provided, That prior 
to the obligation of such funds, a request shall be submitted to
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the Committees on Appropriations of the Senate and the House 
of Representatives for approval in accordance with section 503 
of this Act. 
SEC. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 2007 until the enactment of 
an Act authorizing intelligence activities for fiscal year 2007. 
SEC. 507. The Federal Law Enforcement Training Center shall 
lead the Federal law enforcement training accreditation process, 
to include representatives from the Federal law enforcement 
community and non-Federal accreditation experts involved in law 
enforcement training, to continue the implementation of measuring 
and assessing the quality and effectiveness of Federal law enforce-
ment training programs, facilities, and instructors. 
SEC. 508. None of the funds in this Act may be used to make 
a grant allocation, discretionary grant award, discretionary contract 
award, or to issue a letter of intent totaling in excess of $1,000,000, 
or to announce publicly the intention to make such an award, 
unless the Secretary of Homeland Security notifies the Committees 
on Appropriations of the Senate and the House of Representatives 
at least three full business days in advance: Provided, That no 
notification shall involve funds that are not available for obligation: 
Provided further, That the Office of Grants and Training shall 
brief the Committees on Appropriations of the Senate and the 
House of Representatives five full business days in advance of 
announcing publicly the intention of making an award of formula-
based grants; law enforcement terrorism prevention grants; or high-
threat, high-density urban areas grants. 
SEC. 509. Notwithstanding any other provision of law, no agency 
shall purchase, construct, or lease any additional facilities, except 
within or contiguous to existing locations, to be used for the purpose 
of conducting Federal law enforcement training without the advance 
approval of the Committees on Appropriations of the Senate and 
the House of Representatives, except that the Federal Law Enforce-
ment Training Center is authorized to obtain the temporary use 
of additional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center facilities. 
SEC. 510. The Director of the Federal Law Enforcement 
Training Center shall schedule basic and/or advanced law enforce-
ment training at all four training facilities under the control of 
the Federal Law Enforcement Training Center to ensure that these 
training centers are operated at the highest capacity throughout 
the fiscal year. 
SEC. 511. None of the funds appropriated or otherwise made 
available by this Act may be used for expenses of any construction, 
repair, alteration, or acquisition project for which a prospectus, 
if required by the Public Buildings Act of 1959 (40 U.S.C. 3301), 
has not been approved, except that necessary funds may be 
expended for each project for required expenses for the development 
of a proposed prospectus. 
SEC. 512. None of the funds in this Act may be used in con-
travention of the applicable provisions of the Buy American Act 
(41 U.S.C. 10a et seq.). 
SEC. 513. Notwithstanding any other provision of law, the 
authority of the Office of Personnel Management to conduct per-
sonnel security and suitability background investigations, update
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investigations, and periodic reinvestigations of applicants for, or 
appointees in, positions in the Office of the Secretary and Executive 
Management, the Office of the Under Secretary for Management, 
Analysis and Operations, Immigration and Customs Enforcement, 
the Directorate for Preparedness, and the Directorate of Science 
and Technology of the Department of Homeland Security is trans-
ferred to the Department of Homeland Security: Provided, That 
on request of the Department of Homeland Security, the Office 
of Personnel Management shall cooperate with and assist the 
Department in any investigation or reinvestigation under this sec-
tion: Provided further, That this section shall cease to be effective 
at such time as the President has selected a single agency to 
conduct security clearance investigations pursuant to section 3001(c) 
of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108–458; 50 U.S.C. 435b) and the entity selected pursu-
ant to section 3001(b) of such Act has reported to Congress that 
the agency selected pursuant to such section 3001(c) is capable 
of conducting all necessary investigations in a timely manner or 
has authorized the entities within the Department of Homeland 
Security covered by this section to conduct their own investigations 
pursuant to section 3001 of such Act. 
SEC. 514. (a) None of the funds provided by this or previous 
appropriations Acts may be obligated for deployment or implementa-
tion, on other than a test basis, of the Secure Flight program 
or any other follow on or successor passenger prescreening program, 
until the Secretary of Homeland Security certifies, and the Govern-
ment Accountability Office reports, to the Committees on Appropria-
tions of the Senate and the House of Representatives, that all 
ten of the conditions contained in paragraphs (1) through (10) 
of section 522(a) of Public Law 108–334 (118 Stat. 1319) have 
been successfully met. 
(b) The report required by subsection (a) shall be submitted 
within 90 days after the Secretary provides the requisite certifi-
cation, and periodically thereafter, if necessary, until the Govern-
ment Accountability Office confirms that all ten conditions have 
been successfully met. 
(c) Within 90 days of enactment of this Act, the Secretary 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a detailed plan that describes: 
(1) the dates for achieving key milestones, including the date or 
timeframes that the Secretary will certify the program under sub-
section (a); and (2) the methodology to be followed to support 
the Secretary’s certification, as required under subsection (a). 
(d) During the testing phase permitted by subsection (a), no 
information gathered from passengers, foreign or domestic air car-
riers, or reservation systems may be used to screen aviation pas-
sengers, or delay or deny boarding to such passengers, except in 
instances where passenger names are matched to a Government 
watch list. 
(e) None of the funds provided in this or previous appropriations 
Acts may be utilized to develop or test algorithms assigning risk 
to passengers whose names are not on Government watch lists. 
(f) None of the funds provided in this or previous appropriations 
Acts may be utilized for data or a database that is obtained from 
or remains under the control of a non-Federal entity: Provided, 
That this restriction shall not apply to Passenger Name Record 
data obtained from air carriers.