477 
operational success; and (5) a description of steps taken to 
ensure the integrity of privacy safeguards. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection 
automated 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 Environ-
ment: Provided, That of the total amount made available 
under this heading, $216,969,000 may not be obligated for 
the Automated Commercial Environment program until 30 
days after the Committees on Appropriations of the Senate 
and the House of Representatives receive a report on the 
results to date and plans for the program from the Depart-
ment 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 sys-
tem capabilities or services, system performance levels, 
mission benefits and outcomes, milestones, cost tar-
gets, and program management capabilities; 
(2) an explicit plan of action defining how all 
funds are to be obligated to meet future program com-
mitments, with the planned expenditure of funds 
linked to the milestone-based delivery of specific capa-
bilities, services, performance levels, mission benefits 
and outcomes, and program management capabilities;
478 
(3) a listing of all open Government Account-
ability Office and Office of Inspector General rec-
ommendations related to the program, with the status 
of the Department’s efforts to address the rec-
ommendations, including milestones for fully address-
ing them; 
(4) a certification by the Chief Procurement Offi-
cer of the Department that the program has been re-
viewed and approved in accordance with the invest-
ment management process of the Department, and 
that the process fulfills all capital planning and in-
vestment control requirements and reviews established 
by the Office of Management and Budget, including 
Circular A–11, part 7, as well as supporting analyses 
generated by and used in the Department’s process; 
(5) a certification by the Chief Information Offi-
cer of the Department that an independent validation 
and verification agent has and will continue to ac-
tively review the program; 
(6) a certification by the Chief Information Offi-
cer of the Department that the system architecture of 
the program is sufficiently aligned with the informa-
tion systems enterprise architecture of the Department 
to minimize future rework, including a description of 
all aspects of the architectures that were and were not
479 
assessed in making the alignment determination, the 
date of the alignment determination, any known 
areas of misalignment along with the associated risks 
and corrective actions to address any such areas; 
(7) a certification by the Chief Information Offi-
cer 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 communicates 
high-risk conditions to U.S. Customs and Border Pro-
tection 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 address 
them; 
(8) a certification by the Chief Procurement Offi-
cer of the Department that the plans for the program 
comply with the Federal acquisition rules, require-
ments, guidelines, and practices, and a description of 
the actions being taken to address areas of non-com-
pliance, 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
480 
proactively managed, and that current human capital 
capabilities are sufficient to execute the plans dis-
cussed in the report. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND 
TECHNOLOGY 
For expenses for customs and border protection fenc-
ing, infrastructure, and technology, $1,225,000,000, to re-
main available until expended: Provided, That of the 
amount provided under this heading, $1,053,000,000 is des-
ignated as described in section 5 (in the matter preceding 
division A of this consolidated Act): Provided further, That 
of the amount provided under this heading, $650,000,000 
shall not be obligated until the Committees on Appropria-
tions of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Sec-
retary 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 infrastructure and technology, 
that includes: 
(1) a detailed accounting of the program’s 
progress to date relative to system capabilities or serv-
ices, system performance levels, mission benefits and 
outcomes, milestones, cost targets, program manage-
ment capabilities, identification of the maximum in-
481 
vestment (including lifecycle costs) required by the Se-
cure Border Initiative network or any successor con-
tract, and description of the methodology used to ob-
tain these cost figures; 
(2) a description of how activities will further 
the objectives of the Secure Border Initiative, as de-
fined in the Secure Border Initiative multi-year stra-
tegic 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 com-
mitments, with the planned expenditure of funds 
linked to the milestone-based delivery of specific capa-
bilities, services, performance levels, mission benefits 
and outcomes, and program management capabilities; 
(4) an identification of staffing (including full- 
time equivalents, contractors, and detailees) require-
ments by activity; 
(5) a description of how the plan addresses secu-
rity needs at the Northern Border and the ports of 
entry, including infrastructure, technology, design 
and operations requirements; 
(6) a report on costs incurred, the activities com-
pleted, and the progress made by the program in
482 
terms of obtaining operational control of the entire 
border of the United States; 
(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 them; 
(8) a certification by the Chief Procurement Offi-
cer of the Department that the program has been re-
viewed and approved in accordance with the invest-
ment management process of the Department, and 
that the process fulfills all capital planning and in-
vestment 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 Offi-
cer of the Department that the system architecture of 
the program is sufficiently aligned with the informa-
tion 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 determination, the 
date of the alignment determination, and any known
483 
areas of misalignment along with the associated risks 
and corrective actions to address any such areas; 
(10) a certification by the Chief Procurement Of-
ficer of the Department that the plans for the pro-
gram comply with the Federal acquisition rules, re-
quirements, guidelines, and practices, and a descrip-
tion 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 sta-
tus of their implementation; 
(11) a certification by the Chief Information Of-
ficer 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 communicates 
high-risk conditions to U.S. Customs and Border Pro-
tection and Department of Homeland Security invest-
ment decisionmakers, as well as a listing of all the 
program’s high risks and the status of efforts to ad-
dress 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 current human capital
484 
capabilities are sufficient to execute the plans dis-
cussed in the report; 
(13) an analysis by the Secretary for each seg-
ment, defined as no more than 15 miles, of fencing or 
tactical infrastructure, of the selected approach com-
pared to other, alternative means of achieving oper-
ational control; such analysis should include cost, 
level of operational control, possible unintended effects 
on communities, and other factors critical to the deci-
sion-making process; 
(14) a certification by the Chief Procurement Of-
ficer of the Department of Homeland Security that 
procedures to prevent conflicts of interest between the 
prime integrator and major subcontractors are estab-
lished 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 Department of Homeland Security that an 
independent verification and validation agent is cur-
rently under contract for the projects funded under 
this heading; and
485 
(15) 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 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 fur-
ther, 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 deter-
mining 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 
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.
486 
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 fa-
cilities occupied by the air or marine interdiction and de-
mand 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 agen-
cies in the enforcement or administration of laws enforced 
by the Department of Homeland Security; and at the dis-
cretion of the Secretary of Homeland Security, the provi-
sion of assistance to Federal, State, and local agencies in 
other law enforcement and emergency humanitarian efforts, 
$570,047,000, to remain available until expended: Pro-
vided, 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): Pro-
vided 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 dam-
aged beyond repair, shall be transferred to any other Fed-
487 
eral 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. 
CONSTRUCTION 
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, $348,363,000, to remain avail-
able 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 division 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 investiga-
tions; and purchase and lease of up to 3,790 (2,350 for re-
placement only) police-type vehicles; $4,687,517,000, of 
which not to exceed $7,500,000 shall be available until ex-
pended 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 inform-