H. R. 2892—3 
complies with all existing laws, including all applicable privacy 
and civil liberties standards, the Comptroller General of the United 
States notifies the Committees on Appropriations of the Senate 
and the House of Representatives and the Secretary that the Comp-
troller has reviewed such certification, and the Secretary notifies 
the Committees on Appropriations of the Senate and the House 
of Representatives of all funds to be expended on operations of 
the National Immigration Information Sharing Operation or any 
follow-on entity pursuant to section 503 of this Act. 
OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST 
REBUILDING 
For necessary expenses of the Office of the Federal Coordinator 
for Gulf Coast Rebuilding, $2,000,000. 
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.), $113,874,000, 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 4,500 (4,000 for replacement only) police-type vehicles; 
and contracting with individuals for personal services abroad; 
$8,064,713,000, of which $3,226,000 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 $309,629,000 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; and of which not more than 
$800,000 shall be for procurement of portable solar charging 
rechargeable battery systems: Provided, That for fiscal year 2010,
H. R. 2892—4 
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 of the total amount pro-
vided, $1,700,000 shall remain available until September 30, 2011, 
for the Global Advanced Passenger Information/Passenger Name 
Record Program. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection auto-
mated systems, $422,445,000, to remain available until expended, 
of which not less than $227,960,000 shall be for the development 
of the Automated Commercial Environment: Provided, That of the 
total amount made available under this heading, $50,000,000 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 border security fencing, infrastructure, and 
technology, $800,000,000, to remain available until expended: Pro-
vided, That of the total amount made available under this heading, 
$75,000,000 shall not be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives receive 
and approve a plan for expenditure, prepared by the Secretary 
of Homeland Security, reviewed by the Government Accountability 
Office, 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 of other forms of tactical 
infrastructure and technology, that includes— 
(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
H. R. 2892—5 
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 Office of Inspector General recommendations related to 
the program and the status of Department of Homeland Secu-
rity actions to address the recommendations, including mile-
stones to fully address such recommendations; 
(8) a certification by the Chief Procurement Officer of the 
Department including all supporting documents or memoranda, 
and documentation and a description of the investment review 
processes used to obtain such certifications, that— 
(A) the program 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) 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; and 
(C) 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 and all contracts 
under such program, including the exercise of technical 
oversight; 
(9) a certification by the Chief Information Officer of the 
Department including all supporting documents or memoranda, 
and documentation and a description of the investment review 
processes used to obtain such certifications that— 
(A) the system architecture of the program has been 
determined to be sufficiently aligned with the information 
systems enterprise architecture of the Department to mini-
mize future rework, including a description of all aspects 
of the architectures that were or were not assessed in 
making the alignment determination, the date of the align-
ment 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,
H. R. 2892—6 
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; and 
(C) an independent verification and validation agent 
is currently under contract for the projects funded under 
this heading; 
(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; and 
(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, including cost, level of oper-
ational control, possible unintended effects on communities, 
and other factors critical to the decisionmaking process: 
Provided further, That the Secretary shall report to the Committees 
on Appropriations of the Senate and the House of Representatives 
on the progress of the program, and obligations and expenditures 
for all outstanding 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 further, That none of the funds made available 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 made available 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. 
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 
of Homeland Security; and at the discretion of the Secretary of 
Homeland Security, the provision of assistance to Federal, State,