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mittees on Appropriations of the Senate and the House of
Representatives receive and approve a plan for expenditure
prepared 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 enterprise information systems 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 Informa-
tion 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 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.
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HR 2360 EAS
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
(INCLUDING RESCISSION OF FUNDS)
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 oper-
ation 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;
$4,922,600,000; of which $3,000,000 shall be derived from
the Harbor Maintenance Trust Fund for administrative ex-
penses 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 $35,000 shall
be for official reception and representation expenses; of
which not less than $146,560,000 shall be for Air and Ma-
rine Operations; of which not to exceed $49,980,000 shall
remain available until September 30, 2007, for inspection
and surveillance technology, unmanned aerial vehicles,
which may be deployed between ports of entry along the
southwestern border of the United States, taking into con-
sideration the particular security risks in the area and the
need for constant surveillance of such border, and replace-
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HR 2360 EAS
ment aircraft; of which such sums as become available in
the Customs User Fee Account, except sums subject to sec-
tion 13031(f)(3) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be de-
rived from that account; of which not to exceed $150,000
shall be available for payment for rental space in connec-
tion with preclearance operations; of which not to exceed
$1,000,000 shall be for awards of compensation to inform-
ants, to be accounted for solely under the certificate of the
Secretary of Homeland 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 engaged in
cooperative activities related to immigration: 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
in 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
limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the Sec-
retary, to be necessary for national security purposes, to
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HR 2360 EAS
prevent excessive costs, or in cases of immigration emer-
gencies.
In addition, of the funds appropriated under the head-
ing ‘‘Customs and Border Protection’’ in chapter 6 of title
I of Public Law 108–11 (117 Stat. 581), $14,400,000 are
rescinded.
AUTOMATION MODERNIZATION
For expenses for customs and border protection auto-
mated systems, $458,009,000, to remain available until ex-
pended, of which not less than $321,690,000 shall be for
the development of the Automated Commercial Environ-
ment: Provided, That none of the funds made available
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
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’s enterprise information systems architec-
ture;
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HR 2360 EAS
(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 Informa-
tion 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 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.
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 ad-
ministration of laws enforced by the Department of Home-
land Security; and at the discretion of the Secretary of