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 
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 
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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, 
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 ex-
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ceed $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 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 
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 
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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 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 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 Gen-
eral 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 head-
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ing may be used to continue any contract for the provision 
of detention services if the two most recent overall per-
formance evaluations received by the contracted facility 
are less than ‘‘adequate’’ or the equivalent median score 
in any subsequent performance evaluation system: Pro-
vided further, That nothing under this heading shall pre-
vent U.S. Immigation and Customs Enforcement from ex-
ercising 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 convicted of a crime: Pro-
vided further, That none of the funds provided under this 
heading may be obligated to co-locate field offices of U.S. 
Immigration and Customs Enforcement until the Sec-
retary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives a plan for the nationwide implementation of 
the Alternatives to Detention Program that identifies: (1) 
the funds required for nationwide program implementa-
tion, (2) the timeframe for achieving nationwide program 
implementation; and (3) an estimate of the number of in-
dividuals who could be enrolled in a nationwide program. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account shall be available until expended for nec-
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