H. R. 2638—87 
Office of Management and Budget shall certify in writing to the 
Committees on Appropriations of the Senate and the House of 
Representatives no later than December 31, 2008, that the oper-
ations of the Federal Protective Service will be fully funded in 
fiscal year 2009 through revenues and collection of security fees, 
and shall adjust the fees to ensure fee collections are sufficient 
to ensure that the Federal Protective Service maintains 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 protecting 
and enforcing laws at Federal buildings (referred to as ‘‘in-service 
field staff’’). 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforcement auto-
mated systems, $57,000,000, 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 Appro-
priations of the Senate and the House of Representatives receive 
an expenditure plan prepared by the Secretary of Homeland Secu-
rity. 
CONSTRUCTION 
For necessary expenses to plan, construct, renovate, equip, 
and maintain buildings and facilities necessary for the administra-
tion and enforcement of the laws relating to customs and immigra-
tion, $5,000,000, to remain available until expended: Provided, That 
none of the funds made available under this heading may be used 
to solicit or consider any request to privatize facilities currently 
owned by the United States Government and used to detain aliens 
unlawfully present in the United States 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 Adminis-
tration related to providing civil aviation security services pursuant 
to the Aviation and Transportation Security Act (Public Law 107– 
71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,754,518,000, to remain 
available until September 30, 2010, 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 heading, not 
to exceed $3,935,710,000 shall be for screening operations, of which 
$621,106,000 shall be available for explosives detection systems; 
and not to exceed $798,808,000 shall be for aviation security direc-
tion and enforcement: Provided further, That of the amount made 
available in the preceding proviso for explosives detection systems, 
$294,000,000 shall be available for the purchase and installation 
of these systems, of which not less than $84,500,000 shall be avail-
able for the purchase and installation of certified explosives detec-
tion systems at medium- and small-sized airports: Provided further, 
That the purchase of screening equipment for medium- and small-
H. R. 2638—88 
sized airports must be competitively awarded: Provided further, 
That any award to deploy explosives detection systems shall be 
based on risk, the airports current reliance on other screening 
solutions, lobby congestion resulting in increased security concerns, 
high injury rates, airport readiness, and increased cost effectiveness: 
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 security fees pursuant to section 
44940(i) of title 49, United States Code, may, notwithstanding para-
graph (4) of such section 44940(i), be expended for the purpose 
of improving screening at airport screening checkpoints, which may 
include the purchase and utilization of emerging technology equip-
ment; the refurbishment and replacement of current equipment; 
the installation of surveillance systems to monitor checkpoint activi-
ties; the modification of checkpoint infrastructure to support check-
point reconfigurations; and the creation of additional checkpoints 
to screen aviation passengers and airport personnel: Provided fur-
ther, That of the amounts provided under this heading, $20,000,000 
may be transferred to the ‘‘Surface Transportation Security’’, 
‘‘Transportation Threat Assessment and Credentialing’’, and 
‘‘Transportation Security Support’’ appropriations in this Act for 
the purpose of implementing regulations and activities authorized 
in the 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 2009, so as to result in a final 
fiscal year appropriation from the general fund estimated at not 
more than $2,434,518,000: Provided further, That any security 
service fees collected in excess of the amount made available under 
this heading shall become available during fiscal year 2010: Pro-
vided further, That Members of the United States House of Rep-
resentatives and United States Senate, including the leadership; 
the heads of Federal agencies and commissions, including the Sec-
retary, Under Secretaries, and Assistant Secretaries of the Depart-
ment of Homeland Security; the United States Attorney General 
and Assistant Attorneys General and the United States attorneys; 
and senior members of the Executive Office of the President, 
including the Director of the Office of Management and Budget; 
shall not be exempt from Federal passenger and baggage screening. 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to providing surface transportation security activi-
ties, $49,606,000, to remain available until September 30, 2010. 
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 
For necessary expenses for the development and implementa-
tion of screening programs of the Office of Transportation Threat 
Assessment and Credentialing, $116,018,000, to remain available 
until September 30, 2010: 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, the
H. R. 2638—89 
Assistant Secretary shall certify to the Committees on Appropria-
tions of the Senate and the House of Representatives that no 
significant security risks are raised by screening airline passenger 
names only against a subset of the full terrorist watch list. 
TRANSPORTATION SECURITY SUPPORT 
For necessary expenses of the Transportation Security Adminis-
tration related to providing transportation security support and 
intelligence pursuant to the Aviation and Transportation Security 
Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), 
$947,735,000, to remain available until September 30, 2010: Pro-
vided, That of the funds appropriated under this heading, 
$20,000,000 may not be obligated for headquarters administration 
until the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
detailed expenditure plans for checkpoint support and explosives 
detection systems refurbishment, procurement, and installations 
on an airport-by-airport basis for fiscal year 2009: 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, 
$819,481,000. 
COAST GUARD 
OPERATING EXPENSES 
For necessary expenses for the operation and maintenance of 
the Coast Guard, not otherwise provided for; purchase or lease 
of not to exceed 25 passenger motor vehicles, which shall be for 
replacement only; for purchase or lease of small boats for contingent 
and emergent requirements (at a unit cost of no more than 
$700,000) and for repairs and service-life replacements, not to 
exceed a total of $26,000,000; minor shore construction 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; $6,194,925,000, 
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 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 available until expended 
for the cost of repairing, rehabilitating, altering, modifying, and 
making improvements, including customized tenant improvements, 
to any replacement or expanded Operations Systems Center facility: 
Provided, That none of the funds made available by this or any 
other Act shall be available for administrative expenses in connec-
tion with shipping commissioners in the United States: Provided 
further, 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
H. R. 2638—90 
further, That the Commandant shall submit a financial manage-
ment improvement plan that has been reviewed by the Inspector 
General of the Department of Homeland Security containing yearly, 
measurable milestones, to the Committees on Appropriations of 
the Senate and the House of Representatives by December 1, 2008: 
Provided further, That the Coast Guard shall comply with the 
requirements of section 527 of Public Law 108-136 with respect 
to the Coast Guard Academy: Provided further, That notwith-
standing section 503 of this Act, amounts not to exceed 5 percent 
of the total amount appropriated under this heading may be trans-
ferred to the ‘‘Acquisition, Construction, and Improvements’’ appro-
priation, to be available under the terms and conditions applicable 
to that appropriation, and to be available for personnel compensa-
tion and benefits and related costs to adjust personnel assignment 
to accelerate management and oversight of new or existing projects 
without detrimentally affecting the management and oversight of 
other projects: Provided further, That the amount made available 
for ‘‘Personnel, Compensation, and Benefits’’ in the ‘‘Acquisition, 
Construction, and Improvements’’ appropriation shall not be 
increased by more than 10 percent by such transfers: Provided 
further, That the Committees on Appropriations of the Senate and 
the House of Representatives shall be notified of each transfer 
within 10 days after it is executed. 
ENVIRONMENTAL COMPLIANCE AND RESTORATION 
For necessary expenses to carry out the environmental compli-
ance 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 author-
ized by law; operations and maintenance of the reserve program; 
personnel and training costs; and equipment and services; 
$130,501,000. 
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 
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 operation of facilities and equipment, as 
authorized by law; $1,494,576,000, 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 $113,000,000 shall be available 
until September 30, 2013, to acquire, repair, renovate, or improve 
vessels, small boats, and related equipment; of which $89,174,000 
shall be available until September 30, 2011, for other equipment; 
of which $68,000,000 shall be available until September 30, 2011, 
for shore facilities and aids to navigation facilities, including 
$3,000,000 for Sector Buffalo and $15,000,000 for the Rescue 
Swimmer Training Facility; of which $92,830,000 shall be available 
for personnel compensation and benefits and related costs; of which 
$97,578,000 shall be available until expended for a new Coast 
Guard and Department of Homeland Security headquarters; and