488 
ants, 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 ac-
tivities as requested by the President; 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 agen-
cies for the costs associated with the care, maintenance, and 
repatriation of smuggled illegal aliens: Provided, That of 
the amount provided under this heading, $516,400,000 is 
designated as described in section 5 (in the matter pre-
ceding division A of this consolidated Act): Provided fur-
ther, 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 
emergencies: Provided further, That of the total amount 
provided, $15,770,000 shall be for activities to enforce laws 
against forced child labor in fiscal year 2008, of which not 
to exceed $6,000,000 shall remain available until expended: 
Provided further, That of the total amount provided, not
489 
less than $2,381,401,000 is for detention and removal oper-
ations: Provided further, That of the total amount provided, 
$200,000,000 shall remain available until September 30, 
2009, to improve and modernize efforts to identify aliens 
convicted of a crime, sentenced to imprisonment, and who 
may be deportable, and remove them from the United States 
once they are judged deportable: Provided further, That 
none of the funds made available to improve and modernize 
efforts to identify and remove aliens convicted of a crime, 
sentenced to imprisonment, and who may be deportable (in 
this proviso referred to as criminal aliens), and remove 
them from the United States once they are judged deport-
able, shall be obligated until the Committees on Appropria-
tions of the Senate and the House of Representatives receive 
a plan for expenditure, prepared by the Secretary of Home-
land Security and submitted within 90 days after the date 
of enactment of this Act, to modernize the policies and tech-
nologies used to identify and remove criminal aliens, that— 
(1) presents a strategy for U.S. Immigration and 
Customs Enforcement to identify every criminal 
alien, at the prison, jail, or correctional institution in 
which they are held; 
(2) establishes the process U.S. Immigration and 
Customs Enforcement, in conjunction with the U.S. 
Department of Justice, will use to make every reason-
490 
able effort to remove, upon their release from custody, 
all criminal aliens judged deportable; 
(3) presents a methodology U.S. Immigration 
and Customs Enforcement will use to identify and 
prioritize for removal criminal aliens convicted of 
violent crimes; 
(4) defines the activities, milestones, and re-
sources for implementing the strategy and process de-
scribed in sections (1) and (2); and 
(5) includes program measurements for progress 
in implementing the strategy and process described in 
sections (1) and (2): 
Provided further, That the Secretary of Homeland Security 
or a designee of the Secretary shall report to the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives, at least quarterly, on progress implementing 
the expenditure plan required in the preceding proviso, and 
the funds obligated during that quarter to make that 
progress: Provided further, That the funding and staffing 
resources necessary to carry out the strategy and process 
described in sections (1) and (2) under this heading shall 
be identified in the President’s fiscal year 2009 budget sub-
mission to Congress. 
FEDERAL PROTECTIVE SERVICE 
The revenues and collections of security fees credited 
to this account shall be available until expended for nec-
491 
essary expenses related to the protection of federally-owned 
and leased buildings and for the operations of the Federal 
Protective Service: Provided, That the Secretary of Home-
land Security and the Director of the Office of Management 
and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representa-
tives no later than December 31, 2007, that the operations 
of the Federal Protective Service will be fully funded in fis-
cal year 2008 through revenues and collection of security 
fees, and shall adjust the fees to ensure fee collections are 
sufficient to ensure the Federal Protective Service main-
tains, by July 31, 2008, not fewer than 1,200 full-time 
equivalent staff and 900 full-time equivalent Police Officers, 
Inspectors, Area Commanders, and Special Agents who, 
while working, are directly engaged on a daily basis pro-
tecting and enforcing laws at Federal buildings (referred 
to as ‘‘in-service field staff’’). 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforcement 
automated systems, $30,700,000, to remain available until 
expended: Provided, That of the funds made available under 
this heading, $5,000,000 shall not be obligated until the 
Committees on Appropriations of the Senate and the House 
of Representatives receive a plan for expenditure prepared 
by the Secretary of Homeland Security.
492 
CONSTRUCTION 
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, $16,500,000, to remain available 
until expended: Provided, That of the amount provided 
under this heading, $10,500,000 is designated as described 
in section 5 (in the matter preceding division A of this con-
solidated Act): Provided further, That none of the funds 
made available in this Act may be used to solicit or consider 
any request to privatize facilities currently owned by the 
United States Government and used to detain illegal aliens 
until the Committees on Appropriations of the Senate and 
the House of Representatives receive a plan for carrying 
out that privatization. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Transportation Security 
Administration related to providing civil aviation security 
services pursuant to the Aviation and Transportation Secu-
rity Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 
40101 note), $4,808,691,000, to remain available until Sep-
tember 30, 2009, of which not to exceed $10,000 shall be 
for official reception and representation expenses: Provided, 
That of the total amount made available under this head-
493 
ing, not to exceed $3,768,489,000 shall be for screening oper-
ations, of which $294,000,000 shall be available only for 
procurement and installation of checked baggage explosive 
detection systems; and not to exceed $1,009,977,000 shall 
be for aviation security direction and enforcement: Provided 
further, That security service fees authorized under section 
44940 of title 49, United States Code, shall be credited to 
this appropriation as offsetting collections and shall be 
available only for aviation security: Provided further, That 
any funds collected and made available from aviation secu-
rity fees pursuant to section 44940(i) of title 49, United 
States Code, may, notwithstanding paragraph (4) of such 
section 44940(i), be expended for the purpose of improving 
screening at airport screening checkpoints, which may in-
clude the purchase and utilization of emerging technology 
equipment; the refurbishment and replacement of current 
equipment; the installation of surveillance systems to mon-
itor checkpoint activities; the modification of checkpoint in-
frastructure to support checkpoint reconfigurations; and the 
creation of additional checkpoints to screen aviation pas-
sengers and airport personnel: Provided further, That of the 
amounts provided under this heading, $30,000,000 may be 
transferred to the ‘‘Surface Transportation Security’’; 
‘‘Transportation Threat Assessment And Credentialing’’; 
and ‘‘Transportation Security Support’’ appropriations in
494 
this Act for the purpose of implementing regulations and 
activities authorized in Implementing Recommendations of 
the 9/11 Commission Act of 2007 (Public Law 110–53): 
Provided further, That the sum appropriated under this 
heading from the general fund shall be reduced on a dollar- 
for-dollar basis as such offsetting collections are received 
during fiscal year 2008, so as to result in a final fiscal 
year appropriation from the general fund estimated at not 
more than $2,598,466,000: Provided further, That any secu-
rity service fees collected in excess of the amount made 
available under this heading shall become available during 
fiscal year 2009: Provided further, That Members of the 
United States House of Representatives and United States 
Senate, including the leadership; and the heads of Federal 
agencies and commissions, including the Secretary, Under 
Secretaries, and Assistant Secretaries of the Department of 
Homeland Security; the United States Attorney General 
and Assistant Attorneys General and the United States at-
torneys; and senior members of the Executive Office of the 
President, including the Director of the Office of Manage-
ment and Budget; shall not be exempt from Federal pas-
senger and baggage screening. 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security 
Administration related to providing surface transportation
495 
security activities, $46,613,000, to remain available until 
September 30, 2009. 
TRANSPORTATION THREAT ASSESSMENT AND 
CREDENTIALING 
For necessary expenses for the development and imple-
mentation of screening programs of the Office of Transpor-
tation Threat Assessment and Credentialing, $82,590,000, 
to remain available until September 30, 2009: Provided, 
That if the Assistant Secretary of Homeland Security 
(Transportation Security Administration) determines that 
the Secure Flight program does not need to check airline 
passenger names against the full terrorist watch list, then 
the Assistant Secretary shall certify to the Committees on 
Appropriations of the Senate and the House of Representa-
tives that no significant security risks are raised by screen-
ing airline passenger names only against a subset of the 
full terrorist watch list. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Security 
Administration related to providing transportation secu-
rity support and intelligence pursuant to the Aviation and 
Transportation Security Act (Public Law 107–71; 115 
Stat. 597; 49 U.S.C. 40101 note), $523,515,000, to remain 
available until September 30, 2009: Provided, That of the 
funds appropriated under this heading, $10,000,000 may 
not be obligated until the Secretary of Homeland Security
496 
submits to the Committees on Appropriations of the Senate 
and the House of Representatives detailed expenditure plans 
for checkpoint support and explosive detection systems re-
furbishment, procurement, and installations on an airport- 
by-airport basis for fiscal year 2008; and a strategic plan 
required for checkpoint technologies as described in the joint 
explanatory statement of managers accompanying the fiscal 
year 2007 conference report (H. Rept. 109–699): Provided 
further, That these plans shall be submitted no later than 
60 days after the date of enactment of this Act. 
FEDERAL AIR MARSHALS 
For necessary expenses of the Federal Air Marshals, 
$769,500,000. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and mainte-
nance of the Coast Guard not otherwise provided for; pur-
chase or lease of not to exceed 25 passenger motor vehicles, 
which shall be for replacement only; minor shore construc-
tion projects not exceeding $1,000,000 in total cost at any 
location; payments pursuant to section 156 of Public Law 
97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation 
and welfare; $5,891,347,000, of which $340,000,000 shall 
be for defense-related activities; of which $24,500,000 shall 
be derived from the Oil Spill Liability Trust Fund to carry 
out the purposes of section 1012(a)(5) of the Oil Pollution
497 
Act of 1990 (33 U.S.C. 2712(a)(5)); of which not to exceed 
$20,000 shall be for official reception and representation 
expenses; and of which $3,600,000 shall be for costs to plan 
and design an expansion to the Operations Systems Center 
subject to the approval of a prospectus: Provided, That none 
of the funds made available by this or any other Act shall 
be available for administrative expenses in connection with 
shipping commissioners in the United States: Provided fur-
ther, That none of the funds made available by this Act 
shall be for expenses incurred for recreational vessels under 
section 12114 of title 46, United States Code, except to the 
extent fees are collected from yacht owners and credited to 
this appropriation: Provided further, That not to exceed 5 
percent of this appropriation may be transferred to the ‘‘Ac-
quisition, Construction, and Improvements’’ appropriation 
for personnel compensation and benefits and related costs 
to adjust personnel assignment to accelerate management 
and oversight of new or existing projects without detrimen-
tally affecting the management and oversight of other 
projects: Provided further, That the amount made available 
for ‘‘Personnel, Compensation, and Benefits’’ in the ‘‘Acqui-
sition, Construction, and Improvements’’ appropriation 
shall not be increased by more than 10 percent by such 
transfers: Provided further, That the Committees on Appro-
priations of the Senate and the House of Representatives
498 
shall be notified of each transfer within 30 days after it 
is executed by the Treasury: Provided further, That of the 
amount provided under this heading, $70,300,000 is des-
ignated as described in section 5 (in the matter preceding 
division A of this consolidated Act). 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the environmental 
compliance and restoration functions of the Coast Guard 
under chapter 19 of title 14, United States Code, 
$13,000,000, to remain available until expended. 
RESERVE TRAINING 
For necessary expenses of the Coast Guard Reserve, as 
authorized by law; operations and maintenance of the re-
serve program; personnel and training costs; and equipment 
and services; $126,883,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
(INCLUDING RESCISSIONS OF FUNDS) 
For necessary expenses of acquisition, construction, 
renovation, and improvement of aids to navigation, shore 
facilities, vessels, and aircraft, including equipment related 
thereto; and maintenance, rehabilitation, lease and oper-
ation of facilities and equipment, as authorized by law; 
$1,125,083,000, of which $20,000,000 shall be derived from 
the Oil Spill Liability Trust Fund to carry out the purposes 
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)); of which $45,000,000 shall be available
499 
until September 30, 2012, to acquire, repair, renovate, or 
improve vessels, small boats, and related equipment; of 
which $173,100,000 shall be available until September 30, 
2010, for other equipment; of which $40,997,000 shall be 
available until September 30, 2010, for shore facilities and 
aids to navigation facilities; of which $82,720,000 shall be 
available for personnel compensation and benefits and re-
lated costs; and of which $783,266,000 shall be available 
until September 30, 2012, for the Integrated Deepwater 
Systems program: Provided, That of the funds made avail-
able for the Integrated Deepwater Systems program, 
$327,416,000 is for aircraft and $243,400,000 is for surface 
ships: Provided further, That of the amount provided in the 
preceding proviso for aircraft, $70,000,000 may not be obli-
gated for the Maritime Patrol Aircraft until the Com-
mandant of the Coast Guard certifies that the mission sys-
tem pallet Developmental Test and Evaluation of the HC– 
144A CASA Maritime Patrol Aircraft is complete: Provided 
further, That no funds shall be available for procurements 
related to the acquisition of additional major assets as part 
of the Integrated Deepwater Systems program not already 
under contract until an alternatives analysis has been com-
pleted by an independent qualified third party: Provided 
further, That $300,000,000 of the funds provided for the In-
tegrated Deepwater Systems program may not be obligated
500 
until the Committees on Appropriations of the Senate and 
the House of Representatives receive and approve a plan 
for expenditure directly from the Coast Guard that— 
(1) defines activities, milestones, yearly costs, 
and lifecycle costs for each procurement of a major 
asset, including an independent cost estimate for 
each; 
(2) identifies lifecycle staffing and training 
needs of Coast Guard project managers and of pro-
curement and contract staff; 
(3) identifies competition to be conducted in each 
procurement; 
(4) describes procurement plans that do not rely 
on a single industry entity or contract; 
(5) includes a certification by the Chief Human 
Capital Officer of the Department that current 
human capital capabilities are sufficient to execute 
the plans discussed in the report; 
(6) contains very limited indefinite delivery/in-
definite quantity contracts and explains the need for 
any indefinite delivery/indefinite quantity contracts; 
(7) identifies individual project balances by fis-
cal year, including planned carryover into fiscal year 
2009 by project;
501 
(8) identifies operational gaps by asset and ex-
plains how funds provided in this Act address the 
shortfalls between current operational capabilities and 
requirements; 
(9) includes a listing of all open Government Ac-
countability Office and Office of Inspector General 
recommendations related to the program and the sta-
tus of Coast Guard actions to address the rec-
ommendations, including milestones for fully address-
ing them; 
(10) includes a certification by the Chief Pro-
curement Officer of the Department that the program 
has been reviewed and approved in accordance with 
the investment management process of the Depart-
ment, and that the process fulfills all capital plan-
ning and investment control requirements and re-
views established by the Office of Management and 
Budget, including Circular A–11, part 7; 
(11) identifies use of the Defense Contract Audit-
ing Agency; 
(12) includes a certification by the head of con-
tracting activity for the Coast Guard and the Chief 
Procurement Officer of the Department that the plans 
for the program comply with the Federal acquisition 
rules, requirements, guidelines, and practices, and a
502 
description of the actions being taken to address areas 
of non-compliance, the risks associated with them 
along with plans for addressing these risks, and the 
status of their implementation; 
(13) identifies the use of independent validation 
and verification; and 
(14) is reviewed by the Government Account-
ability Office: 
Provided further, That the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives, in conjunction 
with the President’s fiscal year 2009 budget, a review of 
the Revised Deepwater Implementation Plan that identifies 
any changes to the plan for the fiscal year; an annual per-
formance comparison of Deepwater assets to pre-Deepwater 
legacy assets; a status report of legacy assets; a detailed ex-
planation of how the costs of legacy assets are being ac-
counted for within the Deepwater program; and the earned 
value management system gold card data for each Deep-
water asset: Provided further, That the Secretary shall sub-
mit to the Committees on Appropriations of the Senate and 
the House of Representatives a comprehensive review of the 
Revised Deepwater Implementation Plan every five years, 
beginning in fiscal year 2011, that includes a complete pro-
jection of the acquisition costs and schedule for the duration
503 
of the plan through fiscal year 2027: Provided further, That 
the Secretary shall annually submit to the Committees on 
Appropriations of the Senate and the House of Representa-
tives, at the time that the President’s budget is submitted 
under section 1105(a) of title 31, United States Code, a fu-
ture-years capital investment plan for the Coast Guard that 
identifies for each capital budget line item— 
(1) the proposed appropriation included in that 
budget; 
(2) the total estimated cost of completion; 
(3) projected funding levels for each fiscal year 
for the next five fiscal years or until project comple-
tion, whichever is earlier; 
(4) an estimated completion date at the projected 
funding levels; and 
(5) changes, if any, in the total estimated cost of 
completion or estimated completion date from pre-
vious future-years capital investment plans submitted 
to the Committees on Appropriations of the Senate 
and the House of Representatives: 
Provided further, That the Secretary shall ensure that 
amounts specified in the future-years capital investment 
plan are consistent to the maximum extent practicable with 
proposed appropriations necessary to support the programs, 
projects, and activities of the Coast Guard in the President’s
504 
budget as submitted under section 1105(a) of title 31, 
United States Code, for that fiscal year: Provided further, 
That any inconsistencies between the capital investment 
plan and proposed appropriations shall be identified and 
justified: Provided further, That of amounts made available 
under this heading in Public Laws 108–334 and 109–90 
for the Offshore Patrol Cutter, $98,627,476 are rescinded: 
Provided further, That of amounts made available under 
this heading in Public Law 108–334 for VTOL unmanned 
aerial vehicles (VUAV), $162,850 are rescinded: Provided 
further, That of amounts made available under this heading 
in Public Law 109–90 for unmanned air vehicles (UAVs), 
$32,942,138 are rescinded: Provided further, That of 
amounts made available under this heading in Public Law 
109–295 for VTOL unmanned aerial vehicles (UAVs), 
$716,536 are rescinded: Provided further, That of the 
amount provided under this heading, $95,800,000 is des-
ignated as described in section 5 (in the matter preceding 
division A of this consolidated Act). 
ALTERATION OF BRIDGES 
For necessary expenses for alteration or removal of ob-
structive bridges, as authorized by section 6 of the Truman- 
Hobbs Act (33 U.S.C. 516), $16,000,000, to remain avail-
able until expended.
505 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
For necessary expenses for applied scientific research, 
development, test, and evaluation; and for maintenance, re-
habilitation, lease, and operation of facilities and equip-
ment; as authorized by law; $25,000,000, to remain avail-
able until expended, of which $500,000 shall be derived from 
the Oil Spill Liability Trust Fund to carry out the purposes 
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
U.S.C. 2712(a)(5)): Provided, That there may be credited 
to and used for the purposes of this appropriation funds 
received from State and local governments, other public au-
thorities, private sources, and foreign countries for expenses 
incurred for research, development, testing, and evaluation. 
RETIRED PAY 
For retired pay, including the payment of obligations 
otherwise chargeable to lapsed appropriations for this pur-
pose, payments under the Retired Serviceman’s Family 
Protection and Survivor Benefits Plans, payment for career 
status bonuses, concurrent receipts and combat-related spe-
cial compensation under the National Defense Authoriza-
tion Act, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title 10, 
United States Code, $1,184,720,000, to remain available 
until expended.