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title 31, United States Code, a multi-year investment and 
management plan for the funds made available under this 
heading that includes— 
(1) the proposed appropriations included for 
each project and activity tied to mission require-
ments, program management capabilities, perform-
ance levels, and specific capabilities and services to 
be delivered; 
(2) the total estimated cost and projected 
timeline of completion for all multi-year enhance-
ments, modernizations, and new capabilities pro-
posed in such budget or underway; 
(3) a detailed accounting of operations and 
maintenance and contractor services costs; and 
(4) current acquisition program baselines for 
the Automated Commercial Environment and TECS 
Modernization respectively, that— 
(A) note and explain any deviations in 
cost, performance parameters, schedule, or esti-
mated date of completion from the original ac-
quisition program baseline; 
(B) align these acquisition programs to 
mission requirements by defining existing capa-
bilities, identifying known capability gaps be-
tween such existing capabilities and stated mis-
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sion requirements, and explaining how each in-
crement will address such known capability 
gaps; and 
(C) define life-cycle costs for these pro-
grams. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND 
TECHNOLOGY 
For expenses for border security fencing, infrastruc-
ture, and technology, $500,000,000 (increased by 
$10,000,000), to remain available until September 30, 
2014: Provided, That of the total amount made available 
under this heading, $150,000,000 shall not be obligated 
until the Committees on Appropriations of the Senate and 
the House of Representatives receive a detailed expendi-
ture plan prepared by the Secretary of Homeland Secu-
rity, and submitted not later than 90 days after the date 
of enactment of this Act, for a program to establish and 
maintain a security barrier along the borders of the 
United States, of fencing and vehicle barriers where prac-
ticable, and of other forms of fencing, tactical infrastruc-
ture, and technology: Provided further, That the Secretary 
of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Represent-
atives, at the time that the President’s budget is submitted 
each year under section 1105(a) of title 31, United States 
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Code, a multi-year investment and management plan for 
the Border Security Fencing, Infrastructure, and Tech-
nology account, that includes for each tactical infrastruc-
ture and technology deployment— 
(1) the funding level in that budget and pro-
jected funding levels for each of the next three fiscal 
years, including a description of the purpose of such 
funding levels; 
(2) the deployment plan, by border segment, 
that aligns each deployment to mission requirements 
by defining existing capabilities, identifying known 
capability gaps between such existing capabilities 
and stated mission requirements related to achieving 
operational control, and explaining how each tactical 
infrastructure or technology deployment will address 
such known capability gaps; and 
(3) a current acquisition program baseline 
that— 
(A) notes and explains any deviations in 
cost, performance parameters, schedule, or esti-
mated date of completion from the most recent 
acquisition program baseline approved by the 
Department of Homeland Security Acquisition 
Review Board; 
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(B) includes a phase-out and life-cycle re-
capitalization schedule delineated by fiscal year 
for existing and new tactical infrastructure and 
technology deployments that each deployment is 
intended to replace or recapitalize; and 
(C) 
includes 
qualitative 
performance 
metrics that assess the effectiveness of new and 
existing tactical infrastructure and technology 
deployments and inform the next multi-year in-
vestment and management plan related to 
achieving operational control of the Northern 
and Southwest borders of the United States. 
AIR AND MARINE INTERDICTION, OPERATIONS, 
MAINTENANCE, AND PROCUREMENT 
For necessary expenses for the operations, mainte-
nance, and procurement of marine vessels, aircraft, un-
manned aircraft systems, and other related equipment of 
the air and marine program, including operational train-
ing and mission-related travel, the operations of which in-
clude 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 en-
forced 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 agen-
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cies in other law enforcement and emergency humani-
tarian efforts, $499,966,000, to remain available until 
September 30, 2014: Provided, 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 U.S. 
Customs and Border Protection requirements and aircraft 
that have been damaged beyond repair, shall be trans-
ferred to any other Federal agency, department, or office 
outside of the Department of Homeland Security during 
fiscal year 2012 without the prior approval of the Commit-
tees on Appropriations of the Senate and the House of 
Representatives: Provided further, That the Secretary of 
Homeland Security shall report to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives, not later than 90 days after the date of enactment 
of this Act, on the update to the five-year strategic plan 
for the air and marine program directed in conference re-
port 109–241 accompanying Public Law 109–90 that ad-
dresses missions, structure, operations, equipment, facili-
ties, and resources including deployment and command 
and control requirements, and includes a recapitalization 
plan with milestones and funding, and a detailed staffing 
plan with associated costs to achieve full staffing to meet 
all mission requirements. 
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CONSTRUCTION AND FACILITIES MANAGEMENT 
For necessary expenses to plan, acquire, construct, 
renovate, equip, furnish, operate, manage, oversee, admin-
ister, and maintain buildings and facilities and to provide 
facilities solutions and related infrastructure along with 
program management support necessary for the adminis-
tration and enforcement of the laws relating to customs, 
immigration, and border security, $234,096,000, to re-
main available until September 30, 2016: Provided, That 
the Commissioner of U.S. Customs and Border Protection 
shall submit an expenditure plan to the Committees on 
Appropriations of the Senate and the House of Represent-
atives not later than 60 days after the date of enactment 
of this Act for the projects funded under this heading: 
Provided further, That the Secretary of Homeland Secu-
rity shall submit to the Committees on Appropriations of 
the Senate and the House of Representatives, at the time 
that the President’s budget is submitted each year under 
section 1105(a) of title 31, United States Code, an inven-
tory of the real property of the U.S. Customs and Border 
Protection and a plan for each activity and project pro-
posed for funding under this heading that includes the full 
cost by fiscal year of each activity and project proposed 
and underway in fiscal year 2013. 
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U.S. 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 3,790 (2,350 
for replacement only) police-type vehicles; $5,522,474,000 
(increased by $1,000,000) (reduced by $1,000,000) (in-
creased by $1,000,000) (reduced by $5,000,000) (in-
creased by $5,000,000), of which not to exceed 
$7,500,000 shall be available until expended for con-
ducting special operations under section 3131 of the Cus-
toms 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 
$2,000,000 shall be for awards of compensation to inform-
ants, to be accounted for solely under the certificate of 
the Secretary of Homeland Security; of which not less 
than $305,000 shall be for promotion of public awareness 
of the child pornography tipline and activities to counter 
child exploitation; of which not less than $5,400,000 (in-
creased by $1,000,000) shall be used to facilitate agree-
ments 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 reim-
burse other Federal agencies for the costs associated with 
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the care, maintenance, and repatriation of smuggled aliens 
unlawfully present in the United States: 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, or the designee of the Secretary, may waive 
that amount as necessary for national security purposes 
and in cases of immigration emergencies: Provided further, 
That of the total amount provided, $15,770,000 shall be 
for activities to enforce laws against forced child labor, 
of which not to exceed $6,000,000 shall remain available 
until expended: Provided further, That of the total amount 
available, not less than $1,600,000,000 shall be available 
to identify aliens convicted of a crime who may be deport-
able and aliens who may pose a serious risk to public safe-
ty or national security who may be deportable, and to re-
move them from the United States once they are judged 
deportable, of which $194,064,000 shall remain available 
until September 30, 2013: Provided further, That the As-
sistant Secretary of Homeland Security for U.S. Immigra-
tion and Customs Enforcement shall report to the Com-
mittees on Appropriations of the Senate and the House 
of Representatives, not later than 45 days after the end 
of each quarter of the fiscal year, on progress in imple-
menting the preceding proviso and the funds obligated 
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during that quarter to make such progress: Provided fur-
ther, That the Secretary shall prioritize the identification 
and removal of aliens convicted of a crime by the severity 
of that crime: Provided further, That the funding made 
available under this heading shall maintain a level of not 
less than 34,000 detention beds through September 30, 
2012: Provided further, That of the total amount provided, 
not less than $2,750,843,000 is for detention and removal 
operations, including transportation of unaccompanied 
minor aliens: Provided further, That of the total amount 
provided, $10,300,000 shall remain available until Sep-
tember 30, 2013, for the Visa Security Program: Provided 
further, That none of the funds provided under this head-
ing may be used to continue a delegation of law enforce-
ment authority authorized under section 287(g) of the Im-
migration and Nationality Act (8 U.S.C. 1357(g)) if the 
Department of Homeland Security Inspector General de-
termines that the terms of the agreement governing the 
delegation of authority have been violated: Provided fur-
ther, That none of the funds provided under this heading 
may be used to continue any contract for the provision 
of detention services if the two most recent overall per-
formance evaluations received by the contracted facility 
are less than ‘‘adequate’’ or the equivalent median score 
in any subsequent performance evaluation system: Pro-
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vided further, That nothing under this heading shall pre-
vent U.S. Immigration and Customs Enforcement from 
exercising those authorities provided under immigration 
laws (as defined in section 101(a)(17) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(17))) during pri-
ority operations pertaining to aliens convicted of a crime. 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforce-
ment automated systems, $23,860,000, to remain avail-
able until September 30, 2016: Provided, That the Sec-
retary of Homeland Security shall submit to the Commit-
tees on Appropriations of the Senate and the House of 
Representatives, at the time that the President’s budget 
is submitted each year under section 1105(a) of title 31, 
United States Code, a multi-year investment and manage-
ment plan for funds made available under this heading 
that includes— 
(1) the proposed appropriations included for 
each project and activity tied to mission require-
ments and outcomes, program management capabili-
ties, performance levels, and specific capabilities and 
services to be delivered; 
(2) the total estimated cost and projected 
timeline of completion for all multi-year enhance-
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