276 
‘‘(A) issues policy guidance detailing the 
appropriate use of that authority; and 
‘‘(B) provides training to each employee 
that is authorized to exercise that authority. 
‘‘(2) REPORT.—The Secretary shall provide an 
annual report to the Committees on Appropriations of 
the Senate and the House of Representatives, the 
Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Home-
land Security of the House of Representatives detail-
ing the projects for which the authority granted by 
subsection (a) was used, the rationale for its use, the 
funds spent using that authority, the outcome of each 
project for which that authority was used, and the re-
sults of any audits of such projects.’’. 
SEC. 538. None of the funds made available in this 
Act may be used for planning, testing, piloting, or devel-
oping a national identification card. 
SEC. 539. (a) Notwithstanding any other provision of 
this Act, except as provided in subsection (b), and 30 days 
after the date that the President determines whether to de-
clare a major disaster because of an event and any appeal 
is completed, the Administrator shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of 
the Senate, the Committee on Homeland Security of the
277 
House of Representatives, the Committee on Transportation 
and Infrastructure of the House of Representatives, the 
Committees on Appropriations of the Senate and the House 
of Representatives, and publish on the website of the Federal 
Emergency Management Agency, a report regarding that 
decision, which shall summarize damage assessment infor-
mation used to determine whether to declare a major dis-
aster. 
(b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines 
would compromise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Admin-
istrator of the Federal Emergency Management Agen-
cy; and 
(2) the term ‘‘major disaster’’ has the meaning 
given that term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122). 
SEC. 540. Notwithstanding any other provision of law, 
should the Secretary of Homeland Security determine that 
the National Bio and Agro-defense Facility be located at 
a site other than Plum Island, New York, the Secretary 
shall liquidate the Plum Island asset by directing the Ad-
ministrator of General Services to sell through public sale
278 
all real and related personal property and transportation 
assets which support Plum Island operations, subject to 
such terms and conditions as necessary to protect govern-
ment interests and meet program requirements: Provided, 
That the gross proceeds of such sale shall be deposited as 
offsetting collections into the Department of Homeland Se-
curity Science and Technology ‘‘Research, Development, Ac-
quisition, and Operations’’ account and, subject to appro-
priation, shall be available until expended, for site acquisi-
tion, construction, and costs related to the construction of 
the National Bio and Agro-defense Facility, including the 
costs associated with the sale, including due diligence re-
quirements, necessary environmental remediation at Plum 
Island, and reimbursement of expenses incurred by the Gen-
eral Services Administration which shall not exceed 1 per-
cent of the sale price: Provided further, That after the com-
pletion of construction and environmental remediation, the 
unexpended balances of funds appropriated for costs in the 
preceding proviso shall be available for transfer to the ap-
propriate account for design and construction of a consoli-
dated Department of Homeland Security Headquarters 
project, excluding daily operations and maintenance costs, 
notwithstanding section 503 of this Act, and the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives shall be notified 15 days prior to such transfer.
279 
SEC. 541. Any official that is required by this Act to 
report or certify to the Committees on Appropriations of 
the Senate and the House of Representatives may not dele-
gate such authority to perform that act unless specifically 
authorized herein. 
SEC. 542. The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall notify 
the Committees on Appropriations of the Senate and the 
House of Representatives of any proposed transfers of funds 
available under 31 U.S.C. 9703.2(g)(4)(B) from the Depart-
ment 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 Appropriations of the Senate and 
the House of Representatives approve the proposed trans-
fers. 
SEC. 543. Section 520 of Public Law 108–90 (6 U.S.C. 
469) is amended— 
(1) by inserting ‘‘(a) FEES.—’’ before ‘‘For fiscal 
year 2004 and thereafter’’; and 
(2) by adding at the end the following: 
‘‘(b) RECURRENT TRAINING OF ALIENS IN OPERATION 
OF AIRCRAFT.— 
‘‘(1) PROCESS FOR REVIEWING THREAT ASSESS-
MENTS.—Notwithstanding section 44939(e) of title 49,
280 
United States Code, the Secretary shall establish a 
process to ensure that an alien (as defined in section 
101(a)(3) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(3)) applying for recurrent training in 
the operation of any aircraft is properly identified 
and has not, since the time of any prior threat assess-
ment conducted pursuant to section 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 Secretary 
shall immediately notify the person providing the 
training of the determination and that person shall 
not provide the training or if such training has com-
menced 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.’’.
281 
SEC. 544. (a) Not later than six months from the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall consult with the Secretaries of Defense and Trans-
portation and develop a concept of operations for un-
manned aerial systems in the United States national air-
space system for the purposes of border and maritime secu-
rity operations. 
(b) The Secretary of Homeland Security shall report 
to the Committees on Appropriations of the Senate and the 
House of Representatives not later than 30 days after the 
date of enactment of this Act on any foreseeable challenges 
to complying with subsection (a). 
SEC. 545. 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 on Appropriations of the Senate and the 
House of Representatives that no security risks will result 
by such non-participation. 
SEC. 546. Notwithstanding any other provision of law, 
and not later than 30 days after the date of submission 
of a request for a single payment, the President shall pro-
vide a single payment for any eligible costs under section 
406 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5172) for any police sta-