H. R. 2638—79 
(2) From ‘‘Operation and Maintenance, Air Force’’, 
$36,000,000. 
This division may be cited as the ‘‘Department of Defense 
Appropriations Act, 2009’’. 
DIVISION D—DEPARTMENT OF HOMELAND SECURITY 
APPROPRIATIONS ACT, 2009 
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 ending September 30, 2009, 
and for other purposes, namely: 
TITLE I 
DEPARTMENTAL MANAGEMENT AND OPERATIONS 
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT 
For necessary expenses of the Office of the Secretary of Home-
land Security, as authorized by section 102 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 112), and executive management of 
the Department of Homeland Security, as authorized by law, 
$123,456,000: Provided, That not to exceed $60,000 shall be for 
official reception and representation expenses, of which $20,000 
shall be made available to the Office of Policy solely to host Visa 
Waiver Program negotiations in Washington, DC: Provided further, 
That within 15 days after the end of each quarter of the fiscal 
year, the Secretary shall submit to the Committees on Appropria-
tions of the Senate and House of Representatives and to the Govern-
ment Accountability Office a report of each instance where a request 
by the Government Accountability Office for access to Department 
of Homeland Security records was not granted within 20 calendar 
days and Government Accountability Office requests for interviews 
with Department of Homeland Security employees were not granted 
within seven calendar days: Provided further, That $15,000,000 
shall not be available for obligation until the second quarterly 
report detailed in the previous proviso is submitted to the Commit-
tees on Appropriations of the Senate and House of Representatives: 
Provided further, That $10,000,000 shall not be available for obliga-
tion until the Secretary of Homeland Security, in coordination with 
the Administrator of the Federal Emergency Management Agency, 
certifies to the Committees on Appropriations of the Senate and 
the House of Representatives that processes to incorporate stake-
holder input for grant guidance development and award distribution 
have been: (1) developed to ensure transparency and increased 
consultation about security needs for all-hazards; (2) formalized 
and made clear to stakeholders; and (3) formalized to ensure future 
use for each fiscal year. 
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), 
$191,793,000, of which not to exceed $3,000 shall be for official 
reception and representation expenses: Provided, That of the total 
amount, $6,000,000 shall remain available until expended solely
H. R. 2638—80 
for the alteration and improvement of facilities, tenant improve-
ments, and relocation costs to consolidate Department headquarters 
operations at the Nebraska Avenue Complex; and $17,131,000 shall 
remain available until expended for the Human Resources Informa-
tion Technology program. 
OFFICE OF THE CHIEF FINANCIAL OFFICER 
For necessary expenses of the Office of the Chief Financial 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), $55,235,000, of which $11,000,000 shall 
remain available until expended for financial systems consolidation 
efforts. 
OFFICE OF THE CHIEF INFORMATION OFFICER 
For necessary expenses of the Office of the Chief Information 
Officer, as authorized by section 103 of the Homeland Security 
Act of 2002 (6 U.S.C. 113), and Department-wide technology invest-
ments, $272,169,000; of which $86,928,000 shall be available for 
salaries and expenses; and of which $185,241,000, to remain avail-
able until expended, shall be available for development and acquisi-
tion of information technology equipment, software, services, and 
related activities for the Department of Homeland Security, of which 
not less than $23,830,000 shall be available for data center develop-
ment and an additional $22,300,000 shall be available to support 
costs of transition to the National Center for Critical Information 
Processing and Storage: Provided, That $100,000,000 of the total 
amount appropriated under this heading shall not be available 
for obligation until the Committees on Appropriations of the Senate 
and the House of Representatives receive the report on data center 
transition: Provided further, That none of the funds appropriated 
shall be used to support or supplement the appropriations provided 
for the United States Visitor and Immigrant Status Indicator Tech-
nology project or the Automated Commercial Environment: Provided 
further, That the Chief Information Officer shall submit to the 
Committees 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 information technology 
acquisition projects that: (1) are funded under this heading; or 
(2) are funded by multiple components of the Department of Home-
land Security through reimbursable agreements: Provided further, 
That such expenditure 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. 
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.), $327,373,000, of which 
not to exceed $5,000 shall be for official reception and representation 
expenses; and of which $215,745,000 shall remain available until 
September 30, 2010.
H. R. 2638—81 
OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST 
REBUILDING 
For necessary expenses of the Office of the Federal Coordinator 
for Gulf Coast Rebuilding, $1,900,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 
(5 U.S.C. App.), $98,513,000, of which not to exceed $150,000 may 
be used for certain confidential operational expenses, including 
the payment of informants, to be expended at the direction of 
the Inspector General. 
TITLE II 
SECURITY, ENFORCEMENT, AND INVESTIGATIONS 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, agricultural inspections and 
regulatory activities related to plant and animal imports, and 
transportation of unaccompanied minor aliens; purchase and lease 
of up to 6,300 (3,300 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$7,603,206,000, of which $3,154,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant 
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 9505(c)(3)) and notwithstanding 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 $271,679,000 shall be for Air 
and Marine Operations; of which $4,500,000 shall be for the 2010 
Olympics Coordination Center, of which not to exceed $2,000,000 
shall be available until September 30, 2010; of which $2,000,000 
shall be for Project SeaHawk; of which such sums as become avail-
able in the Customs User Fee Account, except sums subject to 
section 13031(f)(3) of the Consolidated Omnibus Budget Reconcili-
ation 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 oper-
ations; 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 Security: Provided, 
That for fiscal year 2009, the overtime limitation 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 notwithstanding any other provision of law, 
none of the funds appropriated by this Act may be available to 
compensate any employee of U.S. Customs and Border Protection 
for overtime, from whatever source, in an amount that exceeds 
such limitation, except in individual cases determined by the Sec-
retary of Homeland Security, or the designee of the Secretary, 
to be necessary for national security purposes, to prevent excessive
H. R. 2638—82 
costs, or in cases of immigration emergencies: Provided further, 
That no funding available under this heading may be obligated 
for the operation of the Analytical Framework for Intelligence Offi-
cers until the Commissioner of U.S. Customs and Border Protection 
certifies that this Framework complies with all applicable laws, 
including section 552a of title 5, United States Code, and other 
laws protecting privacy, and such certification is reviewed by the 
Inspector General of the Department of Homeland Security: Pro-
vided further, That the Commissioner shall submit to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives the results of operational field testing of cargo container 
security devices in high risk trade lanes no later than 120 days 
after the date of enactment of this Act. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection auto-
mated systems, $511,334,000, to remain available until expended, 
of which not less than $316,851,000 shall be for the development 
of the Automated Commercial Environment: Provided, That of the 
total amount made available under this heading, $216,851,000 may 
not be obligated for the Automated Commercial Environment pro-
gram 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 Department 
of Homeland Security. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 
For expenses for customs and border protection fencing, infra-
structure, and technology, $775,000,000, to remain available until 
expended: Provided, That of the amount provided under this 
heading, $400,000,000 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 Sec-
retary of Homeland Security 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 borders of 
the United States of fencing and vehicle barriers, where practicable, 
and other forms of tactical infrastructure and technology, that 
includes the following— 
(1) a detailed accounting of the program’s implementation 
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 maximum invest-
ment, including life cycle costs, related to the Secure Border 
Initiative program or any successor 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 Initiative, as defined in the 
Department of Homeland Security Secure Border Plan, and 
how the expenditure plan allocates funding to the highest pri-
ority 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