available to the Secretary for design and construction of 
a new Department of Homeland Security headquarters fa-
cility, excluding daily operations and maintenance costs: 
Provided further, That the proceeds derived from the sale 
shall be available to the Secretary without further appro-
priation until expended and subject to approval pursuant 
to section 503 of this Act. 
SEC. 528. Any official that is required by this Act 
to perform any act may not delegate any authority to per-
form that act unless specifically authorized by this Act to 
delegate that authority. 
SEC. 529. Within 90 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committees on Appropriations of the Senate 
and the House of Representatives a listing of programs, 
projects, and activities by account, including all specific 
dollar amounts specified in the bill and report from which 
all reprogrammings will be based. 
SEC. 530. (a) None of the funds provided by this or 
any other Act may be obligated for the development, test-
ing, deployment, or operation of any portion of a human 
resources management system authorized by 5 U.S.C. 
9701(a), or by regulations prescribed pursuant to such 
section, for an employee as defined in 5 U.S.C. 
7103(a)(2). 
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(b) The Secretary of Homeland Security shall col-
laborate with employee representatives in the manner pre-
scribed in 5 U.S.C. 9701(e), in the planning, testing, and 
development of any portion of a human resources manage-
ment system that is developed, tested, or deployed for per-
sons excluded from the definition of employee as that term 
is defined in 5 U.S.C. 7103(a)(2). 
SEC. 531. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall no-
tify the Committees on Appropriations of the Senate and 
the House of Representatives of any proposed transfers 
from the Department of the Treasury Forfeiture Fund to 
any agency within the Department of Homeland Security: 
Provided, That none of the funds identified for such a 
transfer may be obligated until the Committees on Appro-
priations of the Senate and the House of Representatives 
approve the proposed transfers. 
SEC. 532. In the current fiscal year and any fiscal 
year thereafter, none of the funds made available to the 
Department of Homeland Security in this or any other 
Act may be used for a grant or contract for any project 
that does not comply with the requirements of subchapter 
IV of chapter 31 of title 40, United States Code. The 
President may suspend the application of the preceding 
sentence during a national emergency. 
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SEC. 533. Section 520 of Public Law 108–90 (6 
U.S.C. 469) is amended— 
(1) by inserting ‘‘(a) FEES.—’’ before ‘‘For fis-
cal year 2004 and thereafter’’; and 
(2) by adding at the end the following: 
‘‘(b) RECURRENT TRAINING OF ALIENS IN OPER-
ATION OF AIRCRAFT.— 
‘‘(1) PROCESS
FOR
REVIEWING
THREAT
AS-
SESSMENTS.—Notwithstanding section 44939(e) of 
title 49, United States Code, the Secretary shall es-
tablish a process to ensure that an alien (as defined 
in section 101(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(3)) applying for recur-
rent training in the operation of any aircraft is prop-
erly identified and has not, since the time of any 
prior threat assessment conducted pursuant to sec-
tion 44939(a) of such title, become a risk to aviation 
or national security. 
‘‘(2) INTERRUPTION OF TRAINING.—If the Sec-
retary determines, in carrying out the process estab-
lished under paragraph (1), that an alien is a 
present risk to aviation or national security, the Sec-
retary shall immediately notify the person providing 
the training of the determination and that person 
shall not provide the training or if such training has 
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commenced that person shall immediately terminate 
the training. 
‘‘(3) FEES.—The Secretary may charge reason-
able fees under subsection (a) for providing 
credentialing and background investigations for 
aliens in connection with the process for recurrent 
training established under paragraph (1). Such fees 
shall be promulgated by notice in the Federal Reg-
ister.’’. 
SEC. 534. (a) Not later than six months from the 
date of enactment of this Act, the Secretary of Homeland 
Security shall consult with the Secretaries of Defense and 
Transportation and develop a concept of operations for 
unmanned aerial systems in United States national air-
space system for the purposes of border and maritime se-
curity operations. 
(b) The Secretary of Homeland Security shall report 
to the Committees on Appropriations of the Senate and 
House of Representatives not later than 30 days after en-
actment of this Act on any foreseeable challenges to com-
plying with subsection (a). 
SEC. 535. None of the funds made available in this 
Act for United States Customs and Border Protection 
may be used to prevent an individual not in the business 
of importing a prescription drug (within the meaning of 
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section 801(g) of the Federal Food, Drug, and Cosmetic 
Act) from importing a prescription drug from Canada that 
complies with the Federal Food, Drug, and Cosmetic Act: 
Provided, That this section shall apply only to individuals 
transporting on their person a personal-use quantity of the 
prescription drug, not to exceed a 90-day supply: Provided 
further, That the prescription drug may not be— 
(1) a controlled substance, as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 
802); or 
(2) a biological product, as defined in section 
351 of the Public Health Service Act (42 U.S.C. 
262). 
SEC. 536. Except as provided in section 514 of this 
Act, the Secretary of Homeland Security may utilize cost 
savings from any recovered or deobligated funds for fiscal 
years 2004 through 2008 and funds appropriated for fis-
cal year 2009 that may not be necessary due to staffing 
shortfalls in the Department of Homeland Security, for 
fuel costs that exceed the amount requested in the fiscal 
year 2009 budget request: Provided, That quarterly re-
ports shall be submitted to the Committees on Appropria-
tions of the Senate and the House of Representatives on 
any funds that are utilized for fuel expenses: Provided fur-
ther, That these reports shall clearly delineate the funding 
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source and explain why the funds are available for obliga-
tion. 
SEC. 537. If the Assistant Secretary of Homeland Se-
curity (Transportation Security Administration) deter-
mines that an airport does not need to participate in the 
basic pilot program, the Assistant Secretary shall certify 
to the Committees of Appropriations of the Senate and 
the House of Representatives that no security risks will 
result by such non-participation. 
TITLE VI—ADDITIONAL DISASTER ASSISTANCE 
FOR FISCAL YEAR 2008 FOR MIDWESTERN 
UNITED STATES AND OTHER PURPOSES 
DEPARTMENT OF HOMELAND SECURITY 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT 
For an additional amount for ‘‘Disaster Assistance 
Direct Loan Program Account’’ for the cost of direct loans 
as authorized under section 417 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5184), $93,950,000, to become available upon the enact-
ment of this Act and to remain available until expended, 
and to be used to assist local governments affected by re-
cent floods and tornadoes in the Midwestern United States 
and for other purposes in providing essential services, of 
which $500,000 is for administrative expenses to carry out 
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the direct loan program: Provided, That such funds may 
be made to subsidize gross obligations for the principal 
amount of direct loans not to exceed $100,000,000: Pro-
vided further, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That 
the amounts provided under this heading are designated 
as an emergency requirement and necessary to meet emer-
gency needs pursuant to section 204(a) of S. Con. Res. 
21 (110th Congress) and section 301(b)(2) of S. Con. Res. 
70 (110th Congress), the concurrent resolutions on the 
budget for fiscal years 2008 and 2009. 
This Act may be cited as the ‘‘Department of Home-
land Security Appropriations Act, 2009’’. 
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Union Calendar No. 558 
110TH CONGRESS 
2D SESSION 
H. R. 6947 
[Report No. 110–862] 
A BILL 
Making appropriations for the Department of 
Homeland Security for the fiscal year ending 
September 30, 2009, and for other purposes. 
SEPTEMBER 18, 2008 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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