H. R. 2055—161 
and contracting with individuals for personal services abroad; 
$8,680,118,000; of which $3,274,000 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 $38,250 shall be for official reception and representation 
expenses; of which not less than $287,901,000 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 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; 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 
2012, 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 Secretary of Homeland Secu-
rity, or the designee of the Secretary, to be necessary for national 
security purposes, to prevent excessive costs, or in cases of immigra-
tion emergencies: Provided further, That the Border Patrol shall 
maintain an active duty presence of not less than 21,370 full- 
time equivalent agents protecting the borders of the United States 
in the fiscal year: Provided further, That the Commissioner of 
U.S. Customs and Border Protection shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives, 
with the congressional budget justification, a multi-year investment 
and management plan, to include each fiscal year starting with 
the current fiscal year and the 3 subsequent fiscal years, for inspec-
tion and detection technology supporting operations under this 
heading, including all non-intrusive inspection and radiation detec-
tion technology, that provides— 
(1) the funding level for all inspection and detection tech-
nology equipment by source; 
(2) the inventory of inspection and detection technology 
equipment by type and age; 
(3) the proposed appropriations for procurement of inspec-
tion and detection technology equipment by type, including 
quantity, for deployment, and for operations and maintenance; 
(4) projected funding levels for procurement of inspection 
and detection technology equipment by type, including quantity, 
for deployment, and for operations and maintenance for each 
of the 3 subsequent fiscal years; and 
(5) a current acquisition program baseline that— 
(A) aligns the acquisition of each technology to mission 
requirements by defining existing capabilities of com-
parable legacy technology assets, identifying known capa-
bility gaps between such existing capabilities and stated 
mission requirements, and explaining how the acquisition 
of each technology will address such known capability gaps;
H. R. 2055—162 
(B) defines life-cycle costs for each technology, 
including all associated costs of major acquisitions systems 
infrastructure and transition to operations, delineated by 
purpose and fiscal year for the projected service life of 
the technology; and 
(C) includes a phase-out and decommissioning schedule 
delineated by fiscal year for existing legacy technology 
assets that each technology is intended to replace or recapi-
talize. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection auto-
mated systems, $334,275,000, to remain available until September 
30, 2014, of which not less than $140,000,000 shall be for the 
development of the Automated Commercial Environment: Provided, 
That of the total amount made available under this heading, 
$25,000,000 may not be obligated for the Automated Commercial 
Environment program until the Commissioner of U.S. Customs 
and Border Protection submits to the Committees on Appropriations 
of the Senate and the House of Representatives, not later than 
60 days after the date of enactment of this Act, an expenditure 
plan for the Automated Commercial Environment program 
including results to date, plans for the program, and a list of 
projects with associated funding from prior appropriations and pro-
vided by this Act. 
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY 
For expenses for border security fencing, infrastructure, and 
technology, $400,000,000, to remain available until September 30, 
2014: Provided, That of the total amount made available under 
this heading, $60,000,000 shall not be obligated until the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives receive a detailed plan for expenditure, prepared by the 
Commissioner of U.S. Customs and Border Protection, and sub-
mitted not later than 90 days after the date of 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 bar-
riers, where practicable, and of other forms of tactical infrastructure 
and technology: Provided further, That the Commissioner of U.S. 
Customs and Border Protection shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives, 
at the time that the President’s budget is submitted each year 
under section 1105(a) of title 31, United States Code, a multi- 
year investment and management plan for the Border Security 
Fencing, Infrastructure, and Technology account, that includes for 
each tactical infrastructure and technology deployment— 
(1) the funding level in that budget and projected funding 
levels for each of the next 3 fiscal years, including a description 
of the purpose of such funds; 
(2) the deployment plan, by border segment, that aligns 
each deployment to mission requirements by defining existing 
capabilities, identifying known capability gaps between such 
existing capabilities and stated mission requirements related 
to achieving operational control, and explaining how each tac-
tical infrastructure or technology deployment will address such 
known capability gaps; and
H. R. 2055—163 
(3) a current acquisition program baseline that— 
(A) notes and explains any deviations in cost, perform-
ance parameters, schedule, or estimated date of completion 
from the most recent acquisition program baseline 
approved by the Department of Homeland Security Acquisi-
tion Review Board; 
(B) includes a phase-out and life-cycle recapitalization 
schedule delineated by fiscal year for existing and new 
tactical infrastructure and technology deployments that 
each deployment is intended to replace or recapitalize; 
and 
(C) includes qualitative performance metrics that 
assess the effectiveness of new and existing tactical infra-
structure and technology deployments and inform the next 
multi-year investment and management plan related to 
achieving operational control of the Northern and South-
west borders of the United States. 
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, the oper-
ations 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 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 humanitarian efforts, $503,966,000, to remain avail-
able until September 30, 2014: Provided, 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 Federal 
agency, department, or office outside of the Department of Home-
land Security during fiscal year 2012 without the prior approval 
of the Committees on Appropriations of the Senate and the House 
of Representatives: Provided further, That the Secretary of Home-
land Security shall report to the Committees on Appropriations 
of the Senate and the House of Representatives, not later than 
90 days after the date of enactment of this Act, on the update 
to the 5-year strategic plan for the air and marine program directed 
in conference report 109–241 accompanying Public Law 109–90 
that addresses missions, structure, operations, equipment, facilities, 
and resources including deployment and command and control 
requirements, and includes a recapitalization plan with milestones 
and funding, and a detailed staffing plan with associated costs 
to achieve full staffing to meet all mission requirements. 
CONSTRUCTION AND FACILITIES MANAGEMENT 
For necessary expenses to plan, acquire, construct, renovate, 
equip, furnish, operate, manage, and maintain buildings, facilities, 
and related infrastructure necessary for the administration and 
enforcement of the laws relating to customs, immigration, and
H. R. 2055—164 
border security, $236,596,000, to remain available until September 
30, 2016: Provided, That for fiscal year 2012 and thereafter, the 
annual budget submission of U.S. Customs and Border Protection 
for ‘‘Construction and Facilities Management’’ 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 delineated 
by land port of entry: Provided further, That the Commissioner 
of U.S. Customs and Border Protection shall submit to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives, at the time that the President’s budget is submitted each 
year under section 1105(a) of title 31, United States Code, an 
inventory of the real property of U.S. Customs and Border Protec-
tion and a plan for each activity and project proposed for funding 
under this heading that includes the full cost by fiscal year of 
each activity and project proposed and underway in fiscal year 
2013. 
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of immigration and 
customs laws, detention and removals, and investigations, including 
overseas vetted units operations; and purchase and lease of up 
to 3,790 (2,350 for replacement only) police-type vehicles; 
$5,528,874,000; of which not to exceed $10,000,000 shall be avail-
able 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 $12,750 shall be for official reception and 
representation expenses; of which not to exceed $2,000,000 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 activities to counter 
child exploitation; 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 of Homeland Security, or the 
designee of the Secretary, may waive that amount as necessary 
for national security purposes and in cases of immigration emer-
gencies: Provided further, That of the total amount provided, 
$15,770,000 shall be for activities 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 $1,600,000,000 shall be available to identify aliens 
convicted of a crime who may be deportable, and to remove them 
from the United States once they are judged deportable, of which 
$189,064,000 shall remain available until September 30, 2013: Pro-
vided further, That the Assistant Secretary of Homeland Security 
for U.S. Immigration and Customs Enforcement shall report to