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until September 30, 2009, for the service life extension 
program of the current 110-foot Island Class patrol boat 
fleet and the acquisition of traditional patrol boats (‘‘par-
ent craft’’). 
SEC. 522. None of the funds made available in this 
Act may be used by any person other than the privacy 
officer appointed pursuant to section 222 of the Homeland 
Security Act of 2002 (6 U.S.C. 142) to alter, direct that 
changes be made to, delay, or prohibit the transmission 
to the Congress of any report prepared pursuant to para-
graph (6) of such section. 
SEC. 523. No funding provided by this or previous 
appropriation Acts shall be available to pay the salary of 
any employee serving as a contracting officer’s technical 
representative (COTR), or anyone acting in a similar or 
like capacity, who has not received COTR training. 
SEC. 524. Except as provided in section 44945 of title 
49, United States Code, funds appropriated or transferred 
to Transportation Security Administration ‘‘Aviation Se-
curity’’ and ‘‘Administration’’ for fiscal years 2004, 2005, 
and 2006 that are recovered or deobligated shall be avail-
able only for procurement and installation of explosive de-
tection systems for air cargo, baggage, and checkpoint 
screening systems: Provided, That these funds shall be 
subject to section 503 of this Act. 
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SEC. 525. Using funds made available in this Act, 
and within 60 days of enactment of this Act, the Secretary 
of the Department of Homeland Security shall revise DHS 
MD 11056 to include the following: (1) that information 
that is three years old and not incorporated in a current, 
active transportation security directive or security plan 
shall be determined automatically to be releaseable unless, 
for each specific document, the Secretary makes a written 
determination that identifies a compelling reason why the 
information must remain SSI; (2) incorporation of com-
mon and extensive examples of the individual categories 
of SSI information cited under 49 CFR 1520(b)(1) 
through (16) in order to minimize and standardize judg-
ment by covered persons in the application of SSI mark-
ing; and (3) that in all judicial proceedings where the 
judge overseeing the proceeding has adjudicated that a 
party needs to have access to SSI information, the party 
shall be deemed a DHS Covered Person for purposes of 
access to the SSI information at issue in the case unless 
TSA or DHS demonstrates a compelling reason why the 
specific individual presents a risk of harm to the nation. 
SEC. 526. The Department of Homeland Security 
Working Capital Fund, established, pursuant to section 
403 of Public Law 103–356 (31 U.S.C. 501 note), shall 
continue operations during fiscal year 2007. 
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SEC. 527. RESCISSION.—Of the unobligated balances 
from prior year appropriations made available for the 
‘‘Counterterrorism Fund’’, $16,000,000 are rescinded. 
SEC. 528. The weekly report required by Public Law 
109–62 detailing the allocation and obligation of funds for 
‘‘Disaster Relief’’ shall include: (1) detailed information 
on each allocation, obligation, or expenditure that totals 
more than $50,000,000, categorized by increments of not 
larger than $50,000,000; (2) the amount of credit card 
purchases by agency and mission assignment; (3) obliga-
tions, allocations, and expenditures, categorized by agency, 
by State, for New Orleans, and by purpose and mission 
assignment; (4) status of the Disaster Relief Fund; and 
(5) specific reasons for all waivers granted and a descrip-
tion of each waiver: Provided, That the detailed informa-
tion required by paragraph (1) shall include the purpose 
of each allocation, obligation, or expenditure; whether the 
work will be performed by a governmental agency or a con-
tractor; and, if the work is to be performed by a con-
tractor, the name of the contractor, the type of contract, 
and whether the contract is sole-source, full and open com-
petition, or limited competition. 
SEC. 529. Within 45 days after the close of each 
month, the Chief Financial Officer of the Department of 
Homeland Security shall submit to the Committees on Ap-
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propriations of the Senate and the House of Representa-
tives a monthly budget execution report that sets forth 
the total obligational authority appropriated (new budget 
authority plus unobligated carryover), undistributed 
obligational authority, amount allotted, current year obli-
gations, unobligated authority (the difference between 
total obligational authority and current year obligations), 
beginning unexpended obligations, year-to-date costs, and 
year end unexpended obligations, of the Department of 
Homeland Security: Provided, That such information shall 
be provided for each Departmental component and the 
Working Capital Fund at the level of detail shown in the 
table of detailed funding recommendations displayed at 
the end of the report accompanying this Act. 
SEC. 530. (a) UNITED STATES SECRET SERVICE USE 
OF PROCEEDS DERIVED FROM CRIMINAL INVESTIGA-
TIONS.—During fiscal years 2007 through 2009, with re-
spect to any undercover investigative operation of the 
United States Secret Service (hereafter referred to in this 
section as the ‘‘Secret Service’’) that is necessary for the 
detection and prosecution of crimes against the United 
States— 
(1) sums appropriated for the Secret Service, 
including unobligated balances available from prior 
fiscal years, may be used for purchasing property, 
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buildings, and other facilities, and for leasing space, 
within the United States, the District of Columbia, 
and the territories and possessions of the United 
States, without regard to sections 1341 and 3324 of 
title 31, United States Code, section 8141 of title 
40, United States Code, sections 3732(a) and 3741 
of the Revised Statutes of the United States (41 
U.S.C. 11(a) and 22), and sections 304(a) and 305 
of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C 254(a) and 255); 
(2) sums appropriated for the Secret Service, 
including unobligated balances available from prior 
fiscal years, may be used to establish or to acquire 
proprietary corporations or business entities as part 
of such undercover operation, and to operate such 
corporations or business entities on a commercial 
basis, without regard to sections 9102 and 9103 of 
title 31, United States Code; 
(3) sums appropriated for the Secret Service, 
including unobligated balances available from prior 
fiscal years and the proceeds from such undercover 
operation, may be deposited in banks or other finan-
cial institutions, without regard to section 648 of 
title 18, and section 3302 of title 31, United States 
Code; and 
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(4) proceeds from such undercover operation 
may be used to offset necessary and reasonable ex-
penses incurred in such operation, without regard to 
section 3302 of title 31, United States Code. 
(b) WRITTEN CERTIFICATION.—The authority set 
forth in subsection (a) may be exercised only upon the 
written certification of the Director of the Secret Service 
or designee that any action authorized by any paragraph 
of such subsection is necessary for the conduct of an un-
dercover investigative operation. Such certification shall 
continue in effect for the duration of such operation, with-
out regard to fiscal years. 
(c) DEPOSIT OF PROCEEDS IN TREASURY.—As soon 
as practicable after the proceeds from an undercover in-
vestigative operation with respect to which an action is 
authorized and carried out under paragraphs (3) and (4) 
of subsection (a) are no longer necessary for the conduct 
of such operation, such proceeds or the balance of such 
proceeds remaining at the time shall be deposited in the 
Treasury of the United States as miscellaneous receipts. 
(d) REPORTING AND DEPOSIT OF PROCEEDS UPON 
DISPOSITION OF CERTAIN BUSINESS ENTITIES.—If a cor-
poration or business entity established or acquired as part 
of an undercover investigative operation under paragraph 
(2) of subsection (a) with a net value of over $50,000 is 
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to be liquidated, sold, or otherwise disposed of, the Secret 
Service, as much in advance as the Director or designee 
determines is practicable, shall report the circumstance to 
the Secretary of Homeland Security. The proceeds of the 
liquidation, sale, or other disposition, after obligations are 
met, shall be deposited in the Treasury of the United 
States as miscellaneous receipts. 
(e) FINANCIAL AUDITS AND REPORTS.— 
(1) The Secret Service shall conduct detailed fi-
nancial audits of closed undercover investigative op-
erations for which a written certification was made 
pursuant to subsection (b) on a quarterly basis and 
shall report the results of the audits in writing to 
the Secretary of Homeland Security. 
(2) The Secretary of Homeland Security shall 
annually submit to the Committees on Appropria-
tions of the Senate and House of Representatives, at 
the time that the President’s budget is submitted 
under section 1105(a) of title 31, a summary of 
such audits. 
SEC. 531. The Director of the Domestic Nuclear De-
tection Office shall operate extramural and intramural re-
search, development, demonstrations, testing and evalua-
tion programs so as to distribute funding through grants, 
cooperative agreements, other transactions and contracts. 
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SEC. 532. None of the funds made available in this 
Act for United States Customs and Border Protection 
may be used to prevent an individual not in the business 
of importing a prescription drug (within the meaning of 
section 801(g) of the Federal Food, Drug, and Cosmetic 
Act) from importing a prescription drug that complies 
with sections 501, 502, and 505 of such Act. 
SEC. 533. From the unobligated balances of Trans-
portation Security Administration ‘‘Aviation Security’’ 
and ‘‘Headquarters Administration’’, $4,776,000 are re-
scinded. 
SEC. 534. Notwithstanding the requirements of sec-
tion 404(b)(2)(B) of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act, the Army Corps of 
Engineers may use Lot 19, Block 1 of the Meadowview 
Acres Addition and Lot 8, Block 5 of the Meadowview 
Acres Addition in Augusta, Kansas, for building portions 
of the flood-control levee. 
SEC. 535. Notwithstanding any time limitation estab-
lished for a grant awarded under title I, chapter 6, Public 
Law 106–31, in the item relating to Federal Emergency 
Management Agency—Disaster Assistance for Unmet 
Needs, the City of Cuero, Texas, may use funds received 
under such grant program until June 30, 2007. 
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SEC. 536. (a) Not later than six months after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall hereafter issue interim final regulations that 
establish homeland security requirements, including min-
imum standards and required submission of facility secu-
rity plans to the Secretary, for chemical facilities that the 
Secretary determines present the greatest security risk 
and that are not currently regulated under Federal law 
for homeland security purposes. 
(b) Interim regulations under this section shall apply 
to a chemical facility until the effective date of final regu-
lations issued under other laws by the Secretary, that es-
tablish requirements and standards referred to in sub-
section (a) that apply with respect to that facility. 
(c) Any person that violates an interim regulation 
issued under this section shall be liable for a civil penalty 
under section 70117 of title 46, United States Code. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2007’’. 
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VerDate Aug 31 2005 
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Union Calendar No. 264 
109TH CONGRESS 
2D SESSION 
H. R. 5441 
[Report No. 109–476] 
A BILL 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2007, and for other purposes. 
MAY 22, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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