H. R. 2764—204 
decision makers, as well as a listing of the program’s high 
risks and the status of efforts to address them; 
(8) a certification by the Chief Procurement Officer of the 
Department that the plans for the program comply with the 
Federal acquisition rules, requirements, guidelines, and prac-
tices, and a description of the actions being taken to address 
areas of non-compliance, the risks associated with them along 
with any plans for addressing these risks and the status of 
their implementation; and 
(9) a certification by the Chief Human Capital Officer of 
the Department that the human capital needs of the program 
are being strategically and proactively managed, and that cur-
rent human capital capabilities are sufficient to execute the 
plans discussed in the report. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 
For expenses for customs and border protection fencing, infra-
structure, and technology, $1,225,000,000, to remain available until 
expended: Provided, That of the amount provided under this 
heading, $1,053,000,000 is designated as described in section 5 
(in the matter preceding division A of this consolidated Act): Pro-
vided further, That of the amount provided under this heading, 
$650,000,000 shall 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 and submitted within 90 days after the 
date of enactment of this Act, for a program to establish a security 
barrier along the borders of the United States of fencing and vehicle 
barriers, where practicable, and other forms of tactical infrastruc-
ture and technology, that includes: 
(1) a detailed accounting of the program’s progress to date 
relative to system capabilities or services, system performance 
levels, mission benefits and outcomes, milestones, cost targets, 
program management capabilities, identification of the max-
imum investment (including lifecycle costs) required by the 
Secure Border Initiative network or any successor contract, 
and description of the methodology used to obtain these cost 
figures; 
(2) a description of how activities will further the objectives 
of the Secure Border Initiative, as defined in the Secure Border 
Initiative multi-year strategic plan, and how the plan allocates 
funding to the highest priority border security needs; 
(3) an explicit plan of action defining how all funds are 
to be obligated to meet future program commitments, with 
the planned expenditure of funds linked to the milestone-based 
delivery of specific capabilities, services, performance levels, 
mission benefits and outcomes, and program management 
capabilities; 
(4) an identification of staffing (including full-time equiva-
lents, contractors, and detailees) requirements by activity; 
(5) a description of how the plan addresses security needs 
at the Northern Border and the ports of entry, including infra-
structure, technology, design and operations requirements; 
(6) a report on costs incurred, the activities completed, 
and the progress made by the program in terms of obtaining 
operational control of the entire border of the United States;
H. R. 2764—205 
(7) a listing of all open Government Accountability Office 
and Office of Inspector General recommendations related to 
the program and the status of Department of Homeland Secu-
rity actions to address the recommendations, including mile-
stones to fully address them; 
(8) a certification by the Chief Procurement Officer of the 
Department that the program has been reviewed and approved 
in accordance with the investment management process of the 
Department, and that the process fulfills all capital planning 
and investment control requirements and reviews established 
by the Office of Management and Budget, including Circular 
A–11, part 7; 
(9) a certification by the Chief Information Officer of the 
Department that the system architecture of the program is 
sufficiently aligned with the information systems enterprise 
architecture of the Department to minimize future rework, 
including a description of all aspects of the architectures that 
were and were not assessed in making the alignment deter-
mination, the date of the alignment determination, and any 
known areas of misalignment along with the associated risks 
and corrective actions to address any such areas; 
(10) a certification by the Chief Procurement Officer of 
the Department that the plans for the program comply with 
the Federal acquisition rules, requirements, guidelines, and 
practices, and a description of the actions being taken to 
address areas of non-compliance, the risks associated with them 
along with any plans for addressing these risks, and the status 
of their implementation; 
(11) a certification by the Chief Information Officer of the 
Department that the program has a risk management process 
that regularly and proactively identifies, evaluates, mitigates, 
and monitors risks throughout the system life cycle and commu-
nicates high-risk conditions to U.S. Customs and Border Protec-
tion and Department of Homeland Security investment decision 
makers, as well as a listing of all the program’s high risks 
and the status of efforts to address them; 
(12) a certification by the Chief Human Capital Officer 
of the Department that the human capital needs of the program 
are being strategically and proactively managed, and that cur-
rent human capital capabilities are sufficient to execute the 
plans discussed in the report; 
(13) an analysis by the Secretary for each segment, defined 
as no more than 15 miles, of fencing or tactical infrastructure, 
of the selected approach compared to other, alternative means 
of achieving operational control; such analysis should include 
cost, level of operational control, possible unintended effects 
on communities, and other factors critical to the decision 
making process; 
(14) a certification by the Chief Procurement Officer of 
the Department of Homeland Security that procedures to pre-
vent conflicts of interest between the prime integrator and 
major subcontractors are established and that the Secure 
Border Initiative Program Office has adequate staff and 
resources to effectively manage the Secure Border Initiative 
program, Secure Border Initiative network contract, and any 
related contracts, including the exercise of technical oversight, 
and a certification by the Chief Information Officer of the
H. R. 2764—206 
Department of Homeland Security that an independent 
verification and validation agent is currently under contract 
for the projects funded under this heading; and 
(15) is reviewed by the Government Accountability Office: 
Provided further, That the Secretary shall report to the Committees 
on Appropriations of the Senate and the House of Representatives 
on program progress to date and specific objectives to be achieved 
through the award of current and remaining task orders planned 
for the balance of available appropriations: (1) at least 30 days 
prior to the award of any task order requiring an obligation of 
funds in excess of $100,000,000; and (2) prior to the award of 
a task order that would cause cumulative obligations of funds 
to exceed 50 percent of the total amount appropriated: Provided 
further, That of the funds provided under this heading, not more 
than $2,000,000 shall be used to reimburse the Defense Acquisition 
University for the costs of conducting a review of the Secure Border 
Initiative network contract and determining how and whether the 
Department is employing the best procurement practices: Provided 
further, That none of the funds under this heading may be obligated 
for any project or activity for which the Secretary has exercised 
waiver authority pursuant to section 102(c) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note) until 15 days have elapsed from the date of the publica-
tion of the decision in the Federal Register. 
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND 
PROCUREMENT 
For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft systems, 
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, $570,047,000, to remain available until expended: 
Provided, That of the amount provided under this heading, 
$94,000,000 is designated as described in section 5 (in the matter 
preceding division A of this consolidated 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 U.S. 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 2008 without 
the prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives.
H. R. 2764—207 
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, $348,363,000, to remain available until expended; of which 
$39,700,000 shall be for the Advanced Training Center: Provided, 
That of the amount provided under this heading, $61,000,000 is 
designated as described in section 5 (in the matter preceding divi-
sion A of this consolidated Act). 
U.S. 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; $4,687,517,000, 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 $305,000 shall be for 
promotion of public awareness of the child pornography tipline 
and anti-child exploitation activities as requested by the President; 
of which not less than $5,400,000 shall be used to facilitate agree-
ments consistent with section 287(g) of the Immigration and Nation-
ality 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 of the amount provided 
under this heading, $516,400,000 is designated as described in 
section 5 (in the matter preceding division A of this consolidated 
Act): Provided further, 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: Provided further, 
That of the total amount provided, $15,770,000 shall be for activities 
to enforce laws against forced child labor in fiscal year 2008, of 
which not to exceed $6,000,000 shall remain available until 
expended: Provided further, That of the total amount provided, 
not less than $2,381,401,000 is for detention and removal oper-
ations: Provided further, That of the total amount provided, 
$200,000,000 shall remain available until September 30, 2009, to 
improve and modernize efforts to identify aliens convicted of a 
crime, sentenced to imprisonment, and who may be deportable, 
and remove them from the United States once they are judged 
deportable: Provided further, That none of the funds made available 
to improve and modernize efforts to identify and remove aliens 
convicted of a crime, sentenced to imprisonment, and who may 
be deportable (in this proviso referred to as criminal aliens), and 
remove them from the United States once they are judged deport-
able, shall be obligated until the Committees on Appropriations