H. R. 5441
One Hundred Ninth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
An Act 
Making appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, 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 fiscal year ending September 
30, 2007, for the Department of Homeland Security 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, 
$94,470,000: Provided, That not to exceed $40,000 shall be for 
official reception and representation expenses: Provided further, 
That of the funds provided under this heading, $5,000,000 shall 
not be available for obligation until the Secretary of Homeland 
Security submits a comprehensive port, container, and cargo secu-
rity strategic plan to the Committees on Appropriations of the 
Senate and the House of Representatives; the Committee on Home-
land Security of the House of Representatives; the Committee on 
Homeland Security and Governmental Affairs of the Senate; and 
the Committee on Commerce, Science, and Transportation of the 
Senate that requires screening all inbound cargo, doubles the 
percentage of inbound cargo currently inspected, sets minimum 
standards for securing inbound cargo, and includes the fiscal year 
2007 performance requirements for port, container, and cargo secu-
rity as specified in the joint explanatory statement accompanying 
this Act: Provided further, That of the funds provided under this 
heading, $10,000,000 shall not be available for obligation until 
the Secretary submits the Secure Border Initiative multi-year stra-
tegic plan to the Committees on Appropriations of the Senate and 
the House of Representatives, the Committee on Homeland Security 
of the House of Representatives, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, and the Committees 
on the Judiciary of the Senate and the House of Representatives 
no later than December 1, 2006, that includes: a comprehensive
H. R. 5441—2
mission statement, an identification of long-term goals, an expla-
nation 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 identification of annual performance measures used to gauge 
effectiveness towards goal achievement by goal, and an identifica-
tion 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 through 345), 
$153,640,000: Provided, That not to exceed $3,000 shall be for 
official reception and representation expenses: Provided further, 
That of the total amount provided, $8,206,000 shall remain avail-
able until expended solely for the alteration and improvement of 
facilities, tenant improvements, and relocation costs to consolidate 
Department headquarters operations. 
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), $26,000,000. 
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, $349,013,000; of which $79,521,000 shall be available for 
salaries and expenses; and of which $269,492,000 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 after the date of enactment of this Act, an 
expenditure plan for all information technology projects that: (1) 
are funded under this heading; or (2) are funded by multiple compo-
nents of the Department of Homeland Security through reimburs-
able 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. 
ANALYSIS AND OPERATIONS 
For necessary expenses for information analysis and operations 
coordination activities, as authorized by title II of the Homeland
H. R. 5441—3
Security Act of 2002 (6 U.S.C. 121 et seq.), $299,663,000, to remain 
available until September 30, 2008, of which not to exceed $5,000 
shall be for official 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: Provided, That $1,000,000 
shall not be available for obligation until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
an expenditure plan for fiscal year 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.), $85,185,000, of which not to exceed $100,000 may 
be used for certain confidential operational expenses, including 
the payment of informants, to be expended at the direction of 
the Inspector General: Provided, That the Department of Homeland 
Security Inspector General shall investigate whether, and to what 
extent, in adjusting and settling claims resulting from Hurricane 
Katrina, insurers making flood insurance coverage available under 
the Write-Your-Own program pursuant to section 1345 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4081) and subpart 
C of part 62 of title 44, Code of Federal Regulations, improperly 
attributed damages from such hurricane to flooding covered under 
the insurance coverage provided under the national flood insurance 
program rather than to windstorms covered under coverage pro-
vided by such insurers or by windstorm insurance pools in which 
such insurers participated: Provided further, That the Department 
of Homeland Security Inspector General shall submit a report to 
Congress not later than April 1, 2007, setting forth the conclusions 
of such investigation. 
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, 
$200,000,000 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;
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(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; 
(6) is reviewed by the Government Accountability Office; 
(7) includes a comprehensive strategic plan for the United 
States Visitor and Immigrant Status Indicator Technology 
project; and 
(8) includes a complete schedule for the full implementation 
of a biometric exit program. 
UNITED STATES 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; pur-
chase and lease of up to 4,500 (3,500 for replacement only) police-
type vehicles; and contracting with individuals for personal services 
abroad; $5,562,186,000; of which $379,602,000 shall be used to 
hire additional border patrol agents, of which $93,000,000 shall 
be available until September 30, 2008; of which $3,026,000 shall 
be derived from the Harbor Maintenance Trust Fund for administra-
tive 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 $175,796,000 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 Reconcili-
ation 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 oper-
ations; and 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 of the amount provided under this heading, $100,000,000 
of inspection and detection technology investments funding is des-
ignated as described in section 520 of this Act: Provided further, 
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 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 overtime, from whatever source, in an amount that 
exceeds such limitation, except in individual cases determined by
H. R. 5441—5
the Secretary of Homeland Security, or the designee of the Sec-
retary, to be necessary for national security purposes, to prevent 
excessive costs, or in cases of immigration emergencies. 
AUTOMATION MODERNIZATION 
For expenses for customs and border protection automated 
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 Environment: Provided, That of the total 
amount made available under this heading, $216,800,000 may not 
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 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. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 
For expenses for customs and border protection fencing, infra-
structure, and technology, $1,187,565,000, to remain available until 
expended: Provided, That of the amount provided under this 
heading, $1,159,200,000 is designated as described in section 520 
of this Act: Provided further, That of the amount provided under 
this heading, $950,000,000 shall not be obligated until the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives receive and approve a plan for expenditure, prepared by the 
Secretary of Homeland Security and submitted within 60 days 
after the date of enactment of this Act, to establish a security 
barrier along the border of the United States of fencing and vehicle 
barriers, where practicable, and other forms of tactical infrastruc-
ture and technology, that—
(1) defines activities, milestones, and costs for imple-
menting the program; 
(2) demonstrates how activities will further the goals and 
objectives of the Secure Border Initiative (SBI), as defined 
in the SBI multi-year strategic plan; 
(3) identifies funding and the organization staffing 
(including full-time equivalents, contractors, and detailees) 
requirements by activity; 
(4) reports on costs incurred, the activities completed, and 
the progress made by the program in terms of obtaining oper-
ational control of the entire border of the United States;
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(5) includes a certification by the Chief Procurement Officer 
of the Department of Homeland Security that procedures to 
prevent conflicts of interest between the prime integrator and 
major subcontractors are established and 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; 
(6) complies with all applicable acquisition rules, require-
ments, guidelines, and best systems acquisition management 
practices of the Federal Government; 
(7) complies with the capital planning and investment con-
trol review requirements established by the Office of Manage-
ment and Budget, including Circular A–11, part 7; 
(8) 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 
(9) is reviewed by the Government Accountability Office. 
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, $602,187,000, to remain available until expended: 
Provided, That of the amount provided under this heading, 
$232,000,000 of procurement is designated as described in section 
520 of this Act: Provided further, 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 requirements and aircraft that have been dam-
aged beyond repair, shall be transferred to any other Federal 
agency, department, or office outside of the Department of Home-
land Security during fiscal year 2007 without the prior approval 
of the Committees on Appropriations 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, $232,978,000, to remain available until expended: Provided, 
That of the amount provided under this heading, $110,000,000 
is designated as described in section 520 of this Act.
H. R. 5441—7
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 3,790 (2,350 for replacement only) police-
type vehicles; $3,887,000,000, of which not to exceed $7,500,000 
shall be available until expended for conducting special operations 
under 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 $5,400,000 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 
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 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 shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings 
and for the operations of the Federal Protective Service: Provided, 
That the Secretary submit a report, approved by the Office of 
Management and Budget, to the Committees on Appropriations 
of the Senate and the House of Representatives no later than 
November 1, 2006, demonstrating how the operations of the Federal 
Protective Service will be fully funded in fiscal year 2007 through 
revenues and collection of security fees. 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforcement auto-
mated systems, $15,000,000, to remain available until expended: 
Provided, That of the funds made available under this heading, 
$13,000,000 may not be obligated 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;
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(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, $56,281,000, to remain available until expended: Provided, 
That of the amount provided under this heading, $30,000,000 is 
designated as described in section 520 of this Act. 
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), $4,731,814,000, to remain 
available until September 30, 2008, of which not to exceed $10,000 
shall be for official reception and representation expenses: Provided, 
That of the total amount made available under this heading, not 
to exceed $3,768,266,000 shall be for screening operations, of which 
$141,400,000 shall be available only for procurement of checked 
baggage explosive detection systems and $138,000,000 shall be 
available only for installation of checked baggage explosive detection 
systems; and not to exceed $963,548,000 shall be for aviation secu-
rity direction and enforcement: Provided further, That of the funds 
appropriated under this heading, $5,000,000 shall not be obligated 
until the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
a detailed report in response to findings in the Department of 
Homeland Security Office of Inspector General report (OIG–04–
44) concerning contractor fees: 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 available 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 collec-
tions are received during fiscal year 2007, so as to result in a 
final fiscal year appropriation from the General Fund estimated 
at not more than $2,311,814,000: Provided further, That any secu-
rity 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
H. R. 5441—9
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 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 by December 1, 
2006, the Transportation Security Administration shall submit a 
detailed air cargo security action plan addressing each of the rec-
ommendations contained in the 2005 Government Accountability 
Office Report (GAO–06–76) on domestic air cargo security to the 
Committees on Appropriations of the Senate and the House of 
Representatives; the Committee on Homeland Security of the House 
of Representatives; the Committee on Homeland Security and 
Governmental Affairs of the Senate; and the Committee on Com-
merce, Science, and Transportation of the Senate: Provided further, 
That Members of the United States House of Representatives and 
United States Senate, including the leadership; and the heads of 
Federal agencies and commissions, including the Secretary, Under 
Secretaries, and Assistant Secretaries of the Department of Home-
land Security; the United States Attorney General and Assistant 
Attorneys General and the United States attorneys; and senior 
members of the Executive Office of the President, including the 
Director of the Office of Management and Budget; shall not be 
exempt from Federal passenger and baggage screening: Provided 
further, That beginning in fiscal year 2007 and thereafter, 
reimbursement 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 appro-
priation 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 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, $37,200,000, to remain available until September 30, 2008. 
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 
For necessary expenses for the development and implementa-
tion of screening programs of the Office of Transportation Threat 
Assessment and Credentialing, $39,700,000, to remain available 
until September 30, 2008. 
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), 
$525,283,000, to remain available until September 30, 2008: Pro-
vided, That of the funds appropriated under this heading, 
$5,000,000 may not be obligated until the Secretary of Homeland