HR 2892 PCS 
until expended: 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 and ap-
prove a plan for expenditure, prepared by the Secretary 
of Homeland Security, reviewed by the Government Ac-
countability Office, and submitted not later than 90 days 
after the date of the enactment of this Act, for a program 
to establish and maintain a security barrier along the bor-
ders of the United States, of fencing and vehicle barriers 
where practicable, and of other forms of tactical infra-
structure and technology, that includes— 
(1) a detailed accounting of the program’s im-
plementation to date for all investments, including 
technology and tactical infrastructure, for funding 
already expended 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 life-cycle costs, related 
to the Secure Border Initiative program or any suc-
cessor program, and description of the methodology 
used to obtain these cost figures; 
(2) a description of how specific projects will 
further the objectives of the Secure Border Initia-
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tive, as defined in the Department of Homeland Se-
curity Secure Border Plan, and how the expenditure 
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 ca-
pabilities, services, performance levels, mission bene-
fits and outcomes, and program management capa-
bilities; 
(4) an identification of staffing, including full- 
time equivalents, contractors, and detailees, by pro-
gram office; 
(5) a description of how the plan addresses se-
curity needs at the Northern border and ports of 
entry, including infrastructure, technology, design 
and operations requirements, specific locations where 
funding would be used, and priorities for Northern 
border activities; 
(6) a report on budget, obligations and expendi-
tures, 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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(7) a listing of all open Government Account-
ability Office and Office of Inspector General rec-
ommendations related to the program and the status 
of Department of Homeland Security actions to ad-
dress the recommendations, including milestones to 
fully address such recommendations; 
(8) a certification by the Chief Procurement Of-
ficer of the Department including all supporting doc-
uments or memoranda, and documentation and a de-
scription of the investment review processes used to 
obtain such certifications, that— 
(A) the program has been reviewed and ap-
proved in accordance with the investment man-
agement process of the Department, and that 
the process fulfills all capital planning and in-
vestment control requirements and reviews es-
tablished by the Office of Management and 
Budget, including as provided in Circular A–11, 
part 7; 
(B) 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 such ac-
tions, together with any plans for addressing 
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these risks, and the status of the implementa-
tion of such actions; and 
(C) procedures to prevent conflicts of in-
terest between the prime integrator and major 
subcontractors are established and that the Se-
cure Border Initiative Program Office has ade-
quate staff and resources to effectively manage 
the Secure Border Initiative program and all 
contracts under such program, including the ex-
ercise of technical oversight; 
(9) a certification by the Chief Information Of-
ficer of the Department including all supporting doc-
uments or memoranda, and documentation and a de-
scription of the investment review processes used to 
obtain such certifications that— 
(A) the system architecture of the program 
has been determined to be sufficiently aligned 
with the information systems enterprise archi-
tecture of the Department to minimize future 
rework, including a description of all aspects of 
the architectures that were or were not assessed 
in making the alignment determination, the 
date of the alignment determination, and any 
known areas of misalignment together with the 
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associated risks and corrective actions to ad-
dress any such areas; 
(B) 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 Protection 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 such 
risks; and 
(C) an independent verification and valida-
tion agent is currently under contract for the 
projects funded under this heading; 
(10) a certification by the Chief Human Capital 
Officer of the Department that the human capital 
needs of the Secure Border Initiative program are 
being addressed so as to ensure adequate staff and 
resources to effectively manage the Secure Border 
Initiative; and 
(11) an analysis by the Secretary for each seg-
ment, defined as not more than 15 miles, of fencing 
or tactical infrastructure, of the selected approach 
compared to other, alternative means of achieving 
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cised waiver authority pursuant to section 102(c) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1103 note) until 15 days have 
elapsed from the date of the publication of the decision 
in the Federal Register. 
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, and rental payments for 
facilities occupied by the air or marine interdiction and 
demand reduction programs, 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-
cies in other law enforcement and emergency humani-
tarian efforts, $513,826,000, to remain available until ex-
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 U.S. Customs and 
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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 2010 
without the prior approval of the Committees on Appro-
priations of the Senate and the House of Representatives. 
FACILITIES MANAGEMENT 
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, $682,133,000, of which not 
to exceed $150,000 shall be available for payment for rent-
al space in connection with preclearance operations; and 
of which $279,870,000 shall remain available until ex-
pended; of which not more than $3,500,000 shall be for 
acquisition, design, and construction of U.S. Customs and 
Border Protection Air and Marine facilities at El Paso 
International Airport, Texas. 
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; $5,311,493,000 
(increased by $1,700,000), of which not to exceed 
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$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 
$1,000,000 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 anti-child exploitation 
activities; of which not less than $5,400,000 shall 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 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: Pro-
vided further, That of the total amount provided, 
$15,770,000 shall be for activities in fiscal year 2010 to 
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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 $1,500,000,000 shall be available to identify 
aliens convicted of a crime who may be deportable, and 
to remove them from the United States once they are 
judged deportable, of which $200,000,000 shall remain 
available until September 30, 2011: Provided further, That 
the Secretary, or the designee of the Secretary, shall re-
port to the Committees on Appropriations of the Senate 
and the House of Representatives, not later than 30 days 
after the end of each fiscal quarter, on progress imple-
menting the preceding proviso and the funds obligated 
during that quarter to make that 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 of the total amount 
provided, not less than $2,549,180,000 shall be for deten-
tion and removal operations, including transportation of 
unaccompanied minor aliens: Provided further, That of the 
total 
amount 
provided, 
$6,800,000 
(increased 
by 
$1,700,000) shall remain available until September 30, 
2011, for the Visa Security Program: Provided further, 
That none of the funds provided under this heading may 
be used to continue a delegation of law enforcement au-
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thority authorized under section 287(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1357(g)) if the Depart-
ment of Homeland Security Inspector General determines 
that the terms of the agreement governing the delegation 
of authority have been violated: Provided further, That 
none of the funds provided under this heading may be 
used to continue any contract for the provision of deten-
tion services if the two most recent overall performance 
evaluations received by the contracted facility are less than 
‘‘adequate’’ or the equivalent median score in any subse-
quent performance evaluation system: Provided further, 
That nothing under this heading shall prevent U.S. 
Immigation and Customs Enforcement from exercising 
those authorities provided under immigration laws (as de-
fined in section 101(a)(17) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(17))) during priority oper-
ations pertaining to aliens convicted of a crime: Provided 
further, That none of the funds provided under this head-
ing may be obligated to co-locate field offices of U.S. Im-
migration and Customs Enforcement until the Secretary 
of Homeland Security submits to the Committees on Ap-
propriations of the Senate and the House of Representa-
tives a plan for the nationwide implementation of the Al-
ternatives to Detention Program that identifies: (1) the 
funds required for nationwide program implementation; 
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