HR 2360 RFS 
(C) complies with the acquisition rules, re-
quirements, guidelines, and systems acquisition 
management practices of the Federal Govern-
ment; 
(D) is reviewed and approved by the De-
partment of Homeland Security Investment Re-
view Board, the Secretary of Homeland Secu-
rity, and the Office of Management and Budg-
et; and 
(E) is reviewed by the Government Ac-
countability 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; acquisition, lease, maintenance and 
operation of aircraft; purchase and lease of up to 4,500 
(3,935 for replacement only) police-type vehicles; and con-
tracting with individuals for personal services abroad; 
$4,885,544,000; of which $3,000,000 shall be derived 
from the Harbor Maintenance Trust Fund for administra-
tive expenses related to the collection of the Harbor Main-
tenance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 and notwithstanding section
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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 $141,060,000 shall be for Air and Ma-
rine Operations; of which not to exceed $174,800,000 
shall remain available until September 30, 2007, for in-
spection and surveillance technology, unmanned aerial ve-
hicles, and replacement aircraft; 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 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; 
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 Under Secretary for Border 
and Transportation 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 en-
gaged in cooperative activities related to immigration: Pro-
vided, 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 not-
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withstanding any other provision of law, none of the funds 
appropriated in 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-
termined by the Under Secretary for Border and Trans-
portation Security, or a designee, to be necessary for na-
tional security purposes, to prevent excessive costs, or in 
cases of immigration emergencies: Provided further, That 
of the total amount provided, $10,000,000 may not be ob-
ligated until the Secretary submits to the Committee on 
Appropriations of the House of Representatives all re-
quired reports related to air and marine operations: Pro-
vided further, That of the total amount provided, 
$2,000,000 may not be obligated until the Secretary sub-
mits to the Committee on Appropriations of the House 
of Representatives a report on the performance of the Im-
migration Advisory Program as directed in House Report 
No. 108–541: Provided further, That of the total amount 
provided, $70,000,000 may not be obligated until the Sec-
retary submits to the Committee on Appropriations of the 
House of Representatives part two of the report on the 
performance of the Container Security Initiative progam, 
as directed in House Report 180–541: Provided further, 
That no funds shall be available for the site acquisition,
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design, or construction of any Border Patrol checkpoint 
in the Tucson sector: Provided further, That the Border 
Patrol shall relocate 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. 
AUTOMATION MODERNIZATION 
For expenses for customs and border protection auto-
mated systems, $458,009,000, to remain available until 
expended, of which not less than $321,690,000 shall be 
for the development of the Automated Commercial Envi-
ronment: Provided, That none of the funds appropriated 
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 Under Secretary for Border and Transportation 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’s enterprise information systems architec-
ture;
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(3) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition manage-
ment practices of the Federal Government; 
(4) 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 
(5) 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 
administration of laws enforced by the Department of 
Homeland Security; and at the discretion of the Under 
Secretary for Border and Transportation Security, the 
provision of assistance to Federal, State, and local agen-
cies in other law enforcement and emergency humani-
tarian efforts, $347,780,000, to remain available until ex-
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pended: Provided, That no aircraft or other related equip-
ment, with the exception of aircraft that are one of a kind 
and have been identified as excess to 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 2006 without the prior approval of the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives. 
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, $93,418,000, to remain 
available until expended. 
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 2,300 (2,000 
for replacement only) police-type vehicles, $3,064,081,000 
(reduced by $5,000,000) (increased by $5,000,000), of 
which not to exceed $10,000,000 shall be available until 
expended for conducting special operations pursuant to 
section 3131 of the Customs Enforcement Act of 1986 (19