H. R. 2638—83 
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, by program office; 
(5) a description of how the plan addresses security needs 
at the Northern border and ports of entry, including infrastruc-
ture, 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 expenditures, the 
activities completed, and the progress made by the program 
in terms of obtaining operational control of the entire border 
of the United States; 
(7) a listing of all open Government Accountability Office 
and the Office of Inspector General recommendations related 
to the program and the status of Department of Homeland 
Security actions to address the recommendations, including 
milestones to fully address such recommendations; 
(8) a certification by the Chief Procurement Officer of the 
Department that the program: (a) 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 as provided in Circular A–11, part 7; (b) 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 such actions, together with any plans 
for addressing these risks, and the status of the implementation 
of such actions; (c) that procedures to prevent 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, all contracts, including 
the exercise of technical oversight; and (d) the certifications 
required under this paragraph should be accompanied by all 
documents or memoranda, as well as documentation and a 
description of the investment review processes used to obtain 
such certifications; 
(9) a certification by the Chief Information Officer of the 
Department that: (a) 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 or were not assessed in making the alignment determina-
tion, the date of the alignment determination, and any known 
areas of misalignment together with the associated risks and 
corrective actions to address 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 communicates 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; (c) an independent verification and
H. R. 2638—84 
validation agent is currently under contract for the projects 
funded under this heading; and (d) the certification required 
under this paragraph should be accompanied by all documents 
or memoranda, as well as documentation and a description 
of the investment review processes used to obtain such certifi-
cation; 
(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, together with a description of SBI staffing 
priorities; 
(11) an analysis by the Secretary for each segment, defined 
as not more than 15 miles, of fencing or tactical infrastructure, 
of the selected approach compared to other, alternative means 
of achieving operational control, and such analysis should 
include cost, level of operational control, possible unintended 
effects on communities, and other factors critical to the decision 
making process; and 
(12) 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, and obligations and expenditures for all out-
standing task orders as well as specific objectives to be achieved 
through the award of current and remaining task orders planned 
for the balance of available appropriations at least 15 days before 
the award of any task order requiring an obligation of funds in 
an amount greater than $25,000,000 and before the award of a 
task order that would cause cumulative obligations of funds to 
exceed 50 percent of the total amount appropriated: Provided fur-
ther, That none of the funds provided under this heading may 
be obligated unless the Department has complied with section 
102(b)(1)(C)(i) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note), and the Secretary 
certifies such to the Committees on Appropriations of the Senate 
and the House of Representatives: 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 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: Provided further, That notwithstanding 
the previous provisos, $100,000,000 of the amount provided under 
this heading shall be made available for obligation upon enactment 
of this Act without restriction. 
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
H. R. 2638—85 
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, $528,000,000, to remain available until expended, 
of which $5,000,000 shall be to address private aircraft enforcement 
system noncompliance as specified in House Report 110–862: Pro-
vided, That no aircraft or other related equipment, with the excep-
tion 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 2009 
without the prior approval of the Committees on Appropriations 
of the Senate and the House of Representatives: Provided further, 
That of the total amount made available under this heading, 
$18,000,000 shall not be obligated until the Secretary notifies the 
Committees on Appropriations of the Senate and House of Rep-
resentatives that the Department of Homeland Security has imple-
mented the concept of operations described in section 544 of this 
Act. 
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, $403,201,000, to remain available until expended, of which 
$39,700,000 shall be for the Advanced Training Center: Provided, 
That for fiscal year 2010 and thereafter, the annual budget submis-
sion of U.S. Customs and Border Protection for ‘‘Construction’’ 
shall, in consultation with the General Services Administration, 
include a detailed 5-year plan for all Federal land border port 
of entry projects with a yearly update of total projected future 
funding needs. 
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; $4,927,210,000, 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; 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
H. R. 2638—86 
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 2009 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 $1,000,000,000, of which $150,000,000 shall remain 
available until September 30, 2010, shall be available to identify 
aliens convicted of a crime, and who may be deportable, and to 
remove them from the United States once they are judged deport-
able: Provided further, That the Secretary, or the designee of the 
Secretary, shall report to the Committees on Appropriations of 
the Senate and the House of Representatives, at least quarterly, 
on progress implementing 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 $2,481,213,000 is for detention and removal operations, 
including transportation of unaccompanied minor aliens: Provided 
further, That of the total amount provided, $6,800,000 shall remain 
available until September 30, 2010, 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 
authority authorized under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland 
Security Inspector General determines that the terms of the agree-
ment governing the delegation of authority have been violated: 
Provided further, That effective April 15, 2009, 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 
performance evaluations received by the contracted facility are less 
than ‘‘adequate’’ or the equivalent median score in any subsequent 
performance evaluation system: Provided further, That the Sec-
retary shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives, not later than January 
5, 2009, a plan for nationwide implementation of the Alternatives 
to Detention program that identifies: (1) the funds required for 
nationwide program implementation; (2) the timeframe for 
achieving nationwide program implementation; and (3) an estimate 
of the number of individuals who could be enrolled in a nationwide 
program: Provided further, That nothing under this heading shall 
prevent U.S. Immigation 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 priority operations pertaining to aliens con-
victed of a crime. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited to this 
account shall be available until expended for necessary expenses 
related to the protection of federally-owned and leased buildings 
and for the operations of the Federal Protective Service: Provided, 
That the Secretary of Homeland Security and the Director of the