II 
Calendar No. 206 
110TH CONGRESS 
1ST SESSION H. R. 2638 
IN THE SENATE OF THE UNITED STATES 
JUNE 18, 2007 
Received; read twice and placed on the calendar 
AN ACT 
Making appropriations for the Department of Homeland Se-
curity for the fiscal year ending September 30, 2008, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Department of Homeland Security for the fiscal year end-
ing September 30, 2008, and for other purposes, namely: 
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TITLE I—DEPARTMENTAL MANAGEMENT AND 
OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE 
MANAGEMENT 
For necessary expenses of the Office of the Secretary 
of Homeland Security, as authorized by section 102 of the 
Homeland Security Act of 2002 (6 U.S.C. 112), and exec-
utive management of the Department of Homeland Secu-
rity, as authorized by law, $102,930,000 (reduced by 
$15,000,000) (reduced by $1,000,000) (reduced by 
$79,000) (reduced by $300,000) (reduced by $1,241,000) 
(reduced by $138,000): Provided, That not to exceed 
$40,000 shall be for official reception and representation 
expenses. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under 
Secretary for Management, as authorized by sections 701 
through 705 of the Homeland Security Act of 2002 (6 
U.S.C. 341 through 345), $237,765,000 (reduced by 
$35,000,000) (reduced by $11,000,000) (reduced by 
$10,400,000) (reduced by $35,000,000) (reduced by 
$89,125,000) (reduced by $15,000,000) (reduced by 
$50,000,000), of which not to exceed $3,000 shall be for 
official reception and representation expenses: Provided, 
That of the total amount provided, $6,000,000 shall re-
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main available until expended solely for the alteration and 
improvement of facilities, tenant improvements, and relo-
cation costs to consolidate Department headquarters oper-
ations and $300,000 shall remain available until expended 
by the Federal Law Enforcement Training Accreditation 
Board for the needs of Federal law enforcement agencies 
participating in training accreditation: Provided further, 
That no funding provided under this heading may be used 
to design, build, or relocate any Departmental activity to 
the Saint Elizabeths campus until the Department sub-
mits to the Committees on Appropriations of the Senate 
and the House of Representatives: (1) the published U- 
Visa rule; and (2) a detailed expenditure plan for check-
point support and explosive detection systems refurbish-
ment, procurement, and installations on an airport-by-air-
port basis for fiscal year 2008. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Fi-
nancial Officer, as authorized by section 103 of the Home-
land Security Act of 2002 (6 U.S.C. 113), $32,000,000 
(reduced by $1,000,000) (reduced by $500,000). 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief In-
formation Officer, as authorized by section 103 of the 
Homeland Security Act of 2002 (6 U.S.C. 113), and De-
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partment-wide technology investments, $258,621,000; of 
which $79,921,000 shall be available for salaries and ex-
penses; and of which $178,700,000 shall be available for 
development and acquisition of information technology 
equipment, software, services, and related activities for the 
Department of Homeland Security, to remain available 
until expended: Provided, That none of the funds appro-
priated shall be used to support or supplement the appro-
priations provided for the United States Visitor and Immi-
grant Status Indicator Technology project or the Auto-
mated Commercial Environment: Provided further, That 
the Chief Information Officer shall submit to the Commit-
tees on Appropriations of the Senate and the House of 
Representatives, not more than 60 days after the date of 
enactment of this Act, an expenditure plan for all informa-
tion technology acquisition projects with an estimated cost 
of $2,500,000 or more: Provided further, That such ex-
penditure plan shall include each specific project funded, 
key milestones, all funding sources for each project, details 
of annual and lifecycle costs, and projected cost savings 
or cost avoidance to be achieved by the project: Provided 
further, That notwithstanding any other provision of law, 
none of the funds made available in this or any other Act 
may be obligated to provide for the oversight or manage-
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ment of the Integrated Wireless Network program by any 
employee of the Office of the Chief Information Officer. 
ANALYSIS AND OPERATIONS 
For necessary expenses for information analysis and 
operations coordination activities, as authorized by title II 
of the Homeland Security Act of 2002 (6 U.S.C. 121 et 
seq.), $291,619,000 (increased by $10,000,000), to re-
main available until September 30, 2009, of which not to 
exceed $5,000 shall be for official reception and represen-
tation expenses. 
OFFICE OF THE FEDERAL COORDINATOR FOR GULF 
COAST REBUILDING 
For necessary expenses of the Office of the Federal 
Coordinator for Gulf Coast Rebuilding, $3,000,000: Pro-
vided, That $1,000,000 shall not be available for obliga-
tion until the Committees on Appropriations of the Senate 
and the House of Representatives receive an expenditure 
plan for fiscal year 2008. 
INSPECTOR GENERAL 
OPERATING EXPENSES 
For necessary expenses of the Inspector General in 
carrying out the provisions of the Inspector General Act 
of 1978 (5 U.S.C. App.), $99,111,000 (increased by 
$500,000), of which not to exceed $150,000 may be used 
for certain confidential operational expenses, including the 
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payment of informants, to be expended at the direction 
of the Inspector General. 
TITLE II—SECURITY, ENFORCEMENT, AND 
INVESTIGATIONS 
UNITED STATES 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; purchase and lease of up to 4,500 
(2,300 for replacement only) police-type vehicles; and con-
tracting with individuals for personal services abroad; 
$6,629,733,000 (reduced by $1,000,000) (increased by 
$1,000,000), of which $3,093,000 shall be derived from 
the Harbor Maintenance Trust Fund for administrative 
expenses related to the collection of the Harbor Mainte-
nance Fee pursuant to section 9505(c)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) notwith-
standing section 1511(e)(1) of the Homeland Security Act 
of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 
$45,000 shall be for official reception and representation 
expenses; of which not less than $207,740,000 shall be 
for Air and Marine Operations; of which such sums as 
become available in the Customs User Fee Account, except 
sums subject to section 13031(f)(3) of the Consolidated 
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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; 
and 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 Secu-
rity: Provided, That for fiscal year 2008, the overtime lim-
itation 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-
withstanding any other provision of law, none of the funds 
appropriated by this Act may be available to compensate 
any employee of United States 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 Secretary of Homeland Security, or the 
designee of the Secretary, to be necessary for national se-
curity purposes, to prevent excessive costs, or in cases of 
immigration emergencies: Provided further, That of the 
amount made available under this heading, $202,816,000 
shall remain available until September 30, 2009, to sup-
port software development, equipment, contract services, 
and the implementation of inbound lanes and modification 
to vehicle primary processing lanes at ports of entry, of 
which $100,000 is to promote information and education 
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exchange with nations friendly to the United States in 
order to promote sharing of best practices and tech-
nologies relating to homeland security, as authorized by 
section 879 of Public Law 107–296 and $100,000,000 
may not be obligated until the Committees on Appropria-
tions of the Senate and the House of Representatives re-
ceive a report on the results of pilot programs used to de-
velop and implement the plan required by section 
7209(b)(1) of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 
note), which includes the following information: (1) infra-
structure and staffing required, with associated costs, by 
port of entry; (2) updated milestones for plan implementa-
tion; (3) a detailed explanation of how requirements of 
such section have been satisfied; (4) confirmation that a 
vicinity-read radio frequency identification card has been 
adequately tested to ensure operational success; and (5) 
a description of steps taken to ensure the integrity of pri-
vacy safeguards. 
AUTOMATION MODERNIZATION 
For expenses for customs and border protection auto-
mated systems, $476,609,000, to remain available until 
expended, of which not less than $316,969,000 shall be 
for the development of the Automated Commercial Envi-
ronment: Provided, That of the total amount made avail-
able under this heading, $216,969,000 may not be obli-
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gated for the Automated Commercial Environment pro-
gram until 30 days after the Committees on Appropria-
tions of the Senate and the House of Representatives re-
ceive a report on the results to date and plans for the 
program from the Department of Homeland Security that 
includes: 
(1) a detailed accounting of the program’s 
progress up to the date of the report in meeting 
prior commitments made to the Committees relative 
to system capabilities or services, system perform-
ance levels, mission benefits and outcomes, mile-
stones, cost targets, and program management capa-
bilities; 
(2) an explicit plan of action defining how all 
unobligated funds for the program from prior appro-
priations and all fiscal year 2008 funds are to be 
spent to meet future program commitments, with 
sufficient detail to link the planned expenditure of 
funds to the milestone-based delivery of specific ca-
pabilities, services, performance levels, mission bene-
fits and outcomes, and program management capa-
bilities; 
(3) a listing of all open Government Account-
ability Office and Office of Inspector General rec-
ommendations related to the program, with the sta-
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tus of the Department’s efforts to address the rec-
ommendations, including milestones for fully ad-
dressing them; 
(4) a written certification by the Chief Finan-
cial Officer of the Department of Homeland Security 
that the program has been reviewed and approved in 
accordance with the Department’s investment man-
agement process, and that this process fulfills all 
capital planning and investment control require-
ments and reviews established by the Office of Man-
agement and Budget, including Circular A–11, part 
7, as well as copies of all investment decision memo-
randa and supporting analyses generated by and 
used in the Department’s process; 
(5) a written certification by the Chief Informa-
tion Officer of the Department of Homeland Secu-
rity that an independent validation and verification 
agent has and will continue to actively review the 
program, as well as summaries of reviews conducted 
by the agent during the preceding 12 months; 
(6) a written certification by the Chief Informa-
tion Officer of the Department of Homeland Secu-
rity that: the system architecture is sufficiently 
aligned with the department’s information systems 
enterprise architecture to minimize future rework, 
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including: a description of all aspects of the architec-
tures that were and were not assessed in making the 
alignment determination; the date of the alignment 
determination; any known areas of misalignment; 
any associated risks; and corrective actions to ad-
dress any such areas; 
(7) a written certification by the Chief Informa-
tion Officer of the Department of Homeland Secu-
rity that the program has a risk management proc-
ess that regularly and proactively identifies, evalu-
ates, mitigates, and monitors risks throughout the 
system life cycle, and communicates high-risk condi-
tions to United States Customs and Border Protec-
tion and Department of Homeland Security invest-
ment decision makers, as well as a listing of the pro-
gram’s high risks and the status of efforts to ad-
dress them; 
(8) a written certification by the Chief Procure-
ment Officer of the Department of Homeland Secu-
rity 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 ad-
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dressing these risks and the status of their imple-
mentation; and 
(9) a written certification by the Chief Human 
Capital Officer of the Department of Homeland Se-
curity that human capital needs of the program are 
being strategically and proactively managed, and 
that current 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 fenc-
ing, infrastructure, and technology, $1,000,000,000 (re-
duced by $5,000,000) (increased by $5,000,000) (in-
creased by $89,125,000), to remain available until ex-
pended: Provided, That of the amount provided under this 
heading, $700,000,000 shall not be obligated until the 
Committees on Appropriations of the Senate and the 
House of Representatives receive and approve a plan for 
expenditure, prepared by the Secretary of Homeland Secu-
rity and submitted within 60 days after the date of enact-
ment 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 infrastructure and technology, that— 
(1) defines activities, milestones, and costs for 
implementing the program, including identification 
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of the maximum investment related to the Secure 
Border Initiative network (SBInet) or successor con-
tract, estimation of lifecycle costs, and description of 
the methodology used to obtain these cost figures; 
(2) demonstrates how activities will further the 
objectives of the Secure Border Initiative (SBI), as 
defined in the SBI multi-year strategic plan, and 
how the plan allocates funding to the highest pri-
ority border security needs; 
(3) identifies funding and staffing (including 
full-time equivalents, contractors, and detailees) re-
quirements by activity; 
(4) describes how the plan addresses security 
needs at the Northern Border and the ports of 
entry, including infrastructure, technology, design 
and operations requirements; 
(5) reports on costs incurred, the activities com-
pleted, and the progress made by the program in 
terms of obtaining operational control of the entire 
border of the United States; 
(6) includes an analysis by the Secretary, for 
each segment 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, pos-
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sible unintended effects on communities, and other 
factors critical to the decision-making process; 
(7) includes a certification by the Chief Pro-
curement Officer of the Department of Homeland 
Security that procedures to prevent conflicts of in-
terest between the prime integrator and major sub-
contractors are established and that the SBI Pro-
gram Office has adequate staff and resources to ef-
fectively manage the SBI program, SBInet contract, 
and any related contracts, including the exercise of 
technical oversight, and a certification by the Chief 
Information Officer of the Department of Homeland 
Security that an independent verification and valida-
tion agent is currently under contract for the 
projects funded under this heading; 
(8) complies with all applicable acquisition 
rules, requirements, guidelines, and best systems ac-
quisition management practices of the Federal Gov-
ernment; 
(9) complies with the capital planning and in-
vestment control review requirements established by 
the Office of Management and Budget, including 
Circular A–11, part 7; 
(10) is reviewed and approved by the Depart-
ment of Homeland Security Investment Review 
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Board, the Secretary of Homeland Security, and the 
Office of Management and Budget; and 
(11) is reviewed by the Government Account-
ability 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 bal-
ance of available appropriations: (1) at least 30 days prior 
to the award of any task order requiring the obligation 
in excess of $100,000,000; and (2) prior to the award of 
a task order that would cause cumulative obligations to 
exceed 50 percent of the total amount appropriated: Pro-
vided further, That of the funds provided under this head-
ing, not more than $2,000,000 shall be used to reimburse 
the Defense Acquisition University for the costs of con-
ducting a review of the SBInet 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 fencing or 
tactical infrastructure on lands administered by the Na-
tional Park Service, the United States Fish and Wildlife 
Service, the Forest Service, the Bureau of Indian Affairs, 
or the Bureau of Land Management unless the Secretary 
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of Homeland Security coordinates such decision with that 
agency, and makes every effort to minimize impacts on 
wildlife and natural resources: Provided further, That none 
of the funds under this heading may be obligated for a 
fencing or tactical infrastructure project or activity unless 
the Secretary formally consults with affected State and 
local communities to solicit their advice and support of 
such project or activity: Provided further, That no funds 
under this heading may be obligated for any project or 
activity for which the Secretary has exercised waiver au-
thority 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 publication of the decision in the Federal Reg-
ister. 
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 
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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, $477,287,000, to remain available until ex-
pended: Provided, That no aircraft or other related equip-
ment, except aircraft that are one-of-a-kind and have been 
identified as excess to United States Customs and Border 
Protection requirements and aircraft that have been dam-
aged beyond repair, shall be transferred to any other Fed-
eral agency, department, or office outside of the Depart-
ment of Homeland Security during fiscal year 2008 with-
out the prior approval of the Committees on Appropria-
tions of the Senate and the House of Representatives: Pro-
vided further, That none of the funds under this heading 
may be obligated for procurement of additional unmanned 
aerial systems until the Commissioner of United States 
Customs and Border Protection certifies to the Commit-
tees on Appropriations of the Senate and House of Rep-
resentatives that they are of higher priority and more cost 
effective than other items included in the Air and Marine 
Strategic Recapitalization and Modernization plan. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, 
equip, and maintain buildings and facilities necessary for 
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the administration and enforcement of the laws relating 
to customs and immigration, $249,663,000, to remain 
available until expended. 
UNITED STATES 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; $4,146,300,000 
(increased by $9,100,000) (reduced by $5,000,000) (in-
creased by $5,000,000), of which not to exceed 
$10,000,000 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; 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 none of the funds made available 
under this heading shall be available to compensate any 
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employee for overtime in an annual amount in excess of 
$35,000, except that the Secretary of Homeland Security, 
or a 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 at least 
once per month the Secretary of Homeland Security or 
a designee of the Secretary shall obtain information from 
every prison, jail, and correctional facility in the United 
States to identify incarcerated aliens who may be deport-
able and make every reasonable effort to remove such 
aliens judged deportable upon their release from custody. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account shall be available until expended for nec-
essary expenses related to the protection of federally- 
owned and leased buildings and for the operations of the 
Federal Protective Service: Provided, That none of the 
funds provided in this or any other Act, and none of the 
revenues or collections of security fees credited to this ac-
count, may be obligated for any activity that reduces the 
number of in-service Federal Protective Service police offi-
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cers below the number of such officers as of October 1, 
2006, unless— 
(1) the Director of the Federal Protective Serv-
ice provides to the head of the relevant lead State 
and local law enforcement agencies for the jurisdic-
tion concerned a report on the number and type of 
cases handled by the Federal Protective Service po-
lice in that jurisdiction for the previous two fiscal 
years; 
(2) the Director of the Federal Protective Serv-
ice negotiates a Memorandum of Agreement with the 
head of each relevant State and local law enforce-
ment agency for the jurisdiction concerned that ex-
plains how the work identified in the report de-
scribed in section (1) will be addressed in the future; 
and 
(3) the Director of the Federal Protective Serv-
ice submits copies of each report under paragraph 
(1) and each memorandum under paragraph (2) to 
the Committees on Appropriations of the Senate and 
the House of Representatives by not later than 15 
days before the number of in-service Federal Protec-
tive Service police officers is reduced for the con-
cerned jurisdiction. 
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Sfmt 6201
E:\BILLS\H2638.PCS
H2638
bajohnson on PROD1PC77 with BILLS