H.R.2638
Department of Homeland Security Appropriations Act, 2008 (Placed on Calendar in Senate)
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For expenses for customs and border protection fencing, infrastructure, and technology, $1,000,000,000 (reduced by $5,000,000) (increased by $5,000,000) (increased by $89,125,000), to remain available until expended: Provided, That of the amount provided under this heading, $700,000,000 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 Secretary of Homeland Security and submitted within 60 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–
(1) defines activities, milestones, and costs for implementing the program, including identification of the maximum investment related to the Secure Border Initiative network (SBInet) or successor contract, estimation of lifecycle costs, and description of the methodology used to obtain these cost figures;
(2) demonstrates how activities will further the objectives of the Secure Border Initiative (SBI), as defined in the SBI multi-year strategic plan, and how the plan allocates funding to the highest priority border security needs;
(3) identifies funding and staffing (including full-time equivalents, contractors, and detailees) requirements by activity;
(4) describes how the plan addresses security needs at the Northern Border and the ports of entry, including infrastructure, technology, design and operations requirements;
(5) reports on costs incurred, the activities completed, and the progress made by the program in terms of obtaining operational control of the entire border of the United States;
(6) includes an analysis by the Secretary, for each segment of fencing or tactical infrastructure, of the selected approach compared to other, alternative means of achieving operational control; such analysis should include cost, level of operational control, possible unintended effects on communities, and other factors critical to the decision-making process;
(7) includes a certification by the Chief Procurement Officer of the Department of Homeland Security that procedures to prevent conflicts of interest between the prime integrator and major subcontractors are established and that the SBI Program Office has adequate staff and resources to effectively manage the SBI program, SBInet 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 currently under contract for the projects funded under this heading;
(8) complies with all applicable acquisition rules, requirements, guidelines, and best systems acquisition management practices of the Federal Government;
(9) complies with the capital planning and investment control review requirements established by the Office of Management and Budget, including Circular A-11, part 7;
(10) is reviewed and approved by the Department of Homeland Security Investment Review Board, the Secretary of Homeland Security, and the Office of Management and Budget; and
(11) is reviewed by the Government Accountability 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 the obligation in excess of $100,000,000; and (2) prior to the award of a task order that would cause cumulative obligations to exceed 50 percent of the total amount appropriated: Provided further, 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 SBInet contract and determining 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 fencing or tactical infrastructure on lands administered by the National Park Service, the United States Fish and Wildlife Service, the Forest Service, the Bureau of Indian Affairs, or the Bureau of Land Management unless the Secretary of Homeland Security coordinates such decision with that agency, and makes every effort to minimize impacts on wildlife and natural resources: Provided further, That none of the funds under this heading may be obligated for a fencing or tactical infrastructure project or activity unless the Secretary formally consults with affected State and local communities to solicit their advice and support of such project or activity: Provided further, That no 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.
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