59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–122 

DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION 

ACT FOR FISCAL YEAR 2008 

MAY 4, 2007.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. THOMPSON of Mississippi, from the Committee on Homeland 

Security, submitted the following 

R E P O R T 

together with 

MINORITY AND DISSENTING VIEWS 

[To accompany H.R. 1684] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 1684) to authorize appropriations for the Department of 

Homeland Security for fiscal year 2008, and for other purposes, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 46 

Background and Need for Legislation .................................................................... 46 

Hearings ................................................................................................................... 47 

Committee Consideration ........................................................................................ 48 

Committee Votes ...................................................................................................... 48 

Committee Oversight Findings ............................................................................... 62 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 62 

Congressional Budget Office Estimate ................................................................... 63 

Statement of General Performance Goals and Objectives .................................... 68 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 68 

Federal Mandates Statement ................................................................................. 68 

Advisory Committee Statement .............................................................................. 69 

Constitutional Authority Statement ...................................................................... 69 

Applicability to Legislative Branch ........................................................................ 69 

Section-by-Section Analysis of the Legislation ...................................................... 69 

Changes in Existing Law Made by the Bill, as Reported ..................................... 109 

Committee Correspondence .................................................................................... 158 

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Minority and Dissenting Views .............................................................................. 172 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Department of Homeland Security Authorization 

Act for Fiscal Year 2008’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Department of Homeland Security. 

TITLE II—POLICY AND MANAGEMENT IMPROVEMENTS 

Sec. 201. Establishment of Directorate for Policy. 

Sec. 202. Direct line authority for Chief Operating Officers. 

Sec. 203. Comprehensive Homeland Security Review. 

Sec. 204. Qualifications for the Under Secretary for Management. 

Sec. 205. Sense of Congress regarding consolidation of Department headquarters. 

Sec. 206. Required budget line item for office of counternarcotics enforcement. 

Sec. 207. Designation of Office of Counternarcotics Enforcement as primary Department counternarcotics enforcement representative. 

Sec. 208. Granting line authority to the Assistant Secretary for Legislative Affairs. 

TITLE III—OVERSIGHT IMPROVEMENTS 

Sec. 301. Secure border initiative financial accountability. 

Sec. 302. Authorization Liaison Officer. 

Sec. 303. Office of the Inspector General. 

Sec. 304. Congressional notification requirement. 

Sec. 305. Sense of Congress regarding oversight of homeland security. 

TITLE IV—PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS 

Sec. 401. Homeland security procurement training. 

Sec. 402. Authority to appoint and maintain a cadre of Federal annuitants for procurement offices. 

Sec. 403. Additional requirement to review past performance of contractors. 

Sec. 404. Requirement to disclose foreign ownership or control of contractors and subcontractors. 

Sec. 405. Integrity in contracting. 

Sec. 406. Small business utilization report. 

Sec. 407. Requirement that uniforms, protective gear, badges, and identification cards of Homeland Security 

personnel be manufactured in the United States. 

Sec. 408. Department of Homeland Security Mentor-Prote ́ge ́ Program. 

Sec. 409. Prohibition on award of contracts and grants to educational institutions not supporting Coast Guard 

efforts. 

Sec. 410. Report on source of shortfalls at Federal Protective Service. 

TITLE V—WORKFORCE AND TRAINING IMPROVEMENTS 

Sec. 501. Customs and Border Protection Officer pay equity. 

Sec. 502. Plan to improve representation of minorities in various categories of employment. 

Sec. 503. Continuation of authority for Federal law enforcement training center to appoint and maintain a 

cadre of Federal annuitants. 

Sec. 504. Authority to appoint and maintain a cadre of Federal annuitants for Customs and Border Protection. 

Sec. 505. Strengthening Border Patrol recruitment and retention. 

Sec. 506. Limitation on reimbursements relating to certain detailees. 

Sec. 507. Integrity in post-employment. 

Sec. 508. Increased security screening of Homeland Security Officials. 

Sec. 509. Authorities of Chief Security Officer. 

Sec. 510. Departmental culture improvement. 

Sec. 511. Homeland security education program enhancements. 

Sec. 512. Repeal of chapter 97 of title 5, United States Code. 

Sec. 513. Utilization of non-law enforcement Federal employees as instructors for non-law enforcement classes 

at the Border Patrol Training Academy. 

TITLE VI—BIOPREPAREDNESS IMPROVEMENTS 

Sec. 601. Chief Medical Officer and Office of Health Affairs. 

Sec. 602. Improving the material threats process. 

Sec. 603. Study on national biodefense training. 

Sec. 604. National Biosurveillance Integration Center. 

Sec. 605. Risk analysis process and integrated CBRN risk assessment. 

Sec. 606. National Bio and Agro-defense Facility. 

TITLE VII—HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS 

Sec. 701. Cybersecurity and Communications. 

Sec. 702. Cybersecurity research and development. 

TITLE VIII—SCIENCE AND TECHNOLOGY IMPROVEMENTS 

Sec. 801. Report to Congress on strategic plan. 

Sec. 802. Centers of Excellence Program. 

Sec. 803. National research council study of university programs. 

Sec. 804. Streamlining of SAFETY Act and antiterrorism technology procurement processes. 

Sec. 805. Promoting antiterrorism through International Cooperation Act. 

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TITLE IX—BORDER SECURITY IMPROVEMENTS 

Sec. 901. US–VISIT. 

Sec. 902. Shadow Wolves program. 

Sec. 903. Cost-effective training for border patrol agents. 

Sec. 904. Student and Exchange Visitor Program. 

Sec. 905. Assessment of resources necessary to reduce crossing times at land ports of entry. 

Sec. 906. Biometric identification of unauthorized aliens. 

Sec. 907. Report by Government Accountability Office regarding policies and procedures of the Border Patrol. 

TITLE X—INFORMATION SHARING IMPROVEMENTS 

Sec. 1001. State and local fusion center program. 

Sec. 1002. Fusion Center Privacy and Civil Liberties Training Program. 

Sec. 1003. Authority to appoint and maintain a cadre of Federal annuitants for the Office of Information Analysis. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 1101. Eligible uses for interoperability grants. 

Sec. 1102. Rural homeland security training initiative. 

Sec. 1103. Critical infrastructure study. 

Sec. 1104. Terrorist watch list and immigration status review at high-risk critical infrastructure. 

Sec. 1105. Authorized use of surplus military vehicles. 

Sec. 1106. Computer capabilities to support real-time incident management. 

Sec. 1107. Expenditure reports as a condition of homeland security grants. 

Sec. 1108. Encouraging use of computerized training aids. 

Sec. 1109. Protection of name, initials, insignia, and departmental seal. 

Sec. 1110. Report on United States Secret Service approach to sharing unclassified, law enforcement sensitive 

information with Federal, State, and local partners. 

Sec. 1111. Report on United States Secret Service James J. Rowley Training Center. 

Sec. 1112. Metropolitan Medical Response System Program. 

Sec. 1113. Identity fraud prevention grant program. 

Sec. 1114. Technical corrections. 

Sec. 1115. Citizen Corps. 

Sec. 1116. Report regarding Department of Homeland Security implementation of Comptroller General and Inspector General recommendations regarding protection of agriculture. 

Sec. 1117. Report regarding levee system. 

Sec. 1118. Report on Force Multiplier Program. 

Sec. 1119. Eligibility of State judicial facilities for State homeland security grants. 

Sec. 1120. Authorization of Homeland Security Functions of the United States Secret Service. 

Sec. 1121. Data sharing. 

TITLE XII—MARITIME ALIEN SMUGGLING 

Sec. 1201. Short title. 

Sec. 1202. Congressional declaration of findings. 

Sec. 1203. Definitions. 

Sec. 1204. Maritime alien smuggling. 

Sec. 1205. Seizure or forfeiture of property. 

TITLE I—AUTHORIZATION OF 

APPROPRIATIONS 

SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

There is authorized to be appropriated to the Secretary of Homeland Security for 

the necessary expenses of the Department of Homeland Security for fiscal year 

2008, $39,863,000,000. 

TITLE II—POLICY AND MANAGEMENT 

IMPROVEMENTS 

SEC. 201. ESTABLISHMENT OF DIRECTORATE FOR POLICY. 

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 

amended by striking sections 401 through 403 and inserting the following: 

‘‘SEC. 401. DIRECTORATE FOR POLICY. 

‘‘(a) ESTABLISHMENT.—There is in the Department a Directorate for Policy. The 

Directorate for Policy shall contain each of the following: 

‘‘(1) The Office of the Private Sector, which shall be administered by an Assistant Secretary for the Private Sector. 

‘‘(2) The Victim Assistance Officer. 

‘‘(3) The Tribal Security Officer. 

‘‘(4) The Border Community Liaison Officer. 

‘‘(5) Such other offices as considered necessary by the Under Secretary for Policy. 

‘‘(b) UNDER SECRETARY FOR POLICY.—

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‘‘(1) IN GENERAL.—The head of the Directorate is the Under Secretary for Policy, who shall be appointed by the President, with the advice and consent of the 

Senate. ‘‘(2) QUALIFICATIONS.—No individual shall be appointed to the position of 

Under Secretary for Policy under paragraph (1) unless the individual has, by 

education and experience, demonstrated knowledge, ability, and skill in the 

fields of policy and strategic planning. ‘‘(3) RESPONSIBILITIES.—Subject to the direction and control of the Secretary, 

the responsibilities of the Under Secretary for Policy shall be as follows: ‘‘(A) To serve as the principal policy advisor to the Secretary. 

‘‘(B) To provide overall direction and supervision of policy development for 

the programs, offices, and activities of the Department. ‘‘(C) To ensure that the budget of the Department (including the development of future year budgets and interaction with the Office of Management 

and Budget and with Congress) is compatible with the statutory and regulatory responsibilities of the Department and with the Secretary’s priorities, 

strategic plans, and policies. ‘‘(D) To conduct long-range, strategic planning for the Department, including overseeing the Comprehensive Homeland Security Review established in section 203. ‘‘(E) To carry out such other responsibilities as the Secretary may determine are appropriate.’’. (b) ENSURING CONSIDERATION OF THE NEEDS OF CHILDREN.— (1) IN GENERAL.—The Under Secretary for Policy of the Department of Homeland Security, acting through the Assistant Secretary for the Office of Policy 

and Development, shall ensure that all departmental policies, programs, and activities appropriately consider the needs of and impact upon children. 

(2) SPECIFIC FUNCTIONS.—The Under Secretary for Policy shall— (A) coordinate with other Federal Departments and agencies to ensure 

that the needs of children, schools, and other child-centered facilities are 

sufficiently understood and incorporated into Federal, State, local, and tribal preparedness, response, and recovery plans and activities for terrorist attacks, major disasters, and other emergencies (including those involving 

chemical, biological, radiological, nuclear, or other explosive weapons), or 

other manmade disasters; 

(B) coordinate with the Office of Grants within the Federal Emergency 

Management Agency to monitor the use of homeland securtity grants by 

State, local, or tribal agencies to support emergency preparedness activities 

for children, schools, and other child-centered facilities, and make recommendations to improve the effectiveness of such funding; 

(C) review public awareness programs and screening policies by departmental entities, including security screening at airports, and ensure that 

such policies consider the needs and well-being of children; and 

(D) ensure that all other departmental activities that affect children include consideration of the needs of children and that relevant agencies of 

the Department coordinate on this matter where appropriate. 

(3) REPORT TO CONGRESS.—One year after the date of the enactment of this 

subsection and on an annual basis thereafter, the Under Secretary for Policy 

shall report to the Committee on Homeland Security of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs 

of the Senate on activities undertaken pursuant to this subsection and the resulting improvement in security for children, schools, and other child-centered 

facilities. 

(c) CONFORMING AMENDMENTS.—Such Act is further amended— (1) by striking the heading for title IV and inserting the following: 

‘‘TITLE IV—DIRECTORATE FOR POLICY’’; 

(2) by striking the heading for subtitle A of title IV and inserting the following: 

‘‘Subtitle A—Under Secretary for Policy’’; 

(3) in section 103(a)(3), by striking ‘‘for Border and Transportation Security’’ and inserting ‘‘for Policy’’; 

(4) in section 102(f)(9), by striking ‘‘the Directorate of Border and Transportation Security’’ and inserting ‘‘United States Customs and Border Protection’’; 

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(5) in section 411(a), by striking ‘‘under the authority of the Under Secretary 

for Border and Transportation Security,’’; 

(6) in section 430—

(A) in subsection (a)—

(i) by striking ‘‘The’’ and inserting ‘‘There is in the Department an’’; 

and 

(ii) by striking ‘‘shall be’’ and all that follows through ‘‘Security’’; 

(B) in subsection (b), by striking the second sentence; and 

(C) by striking subsection (d). 

(7) in section 441, by striking ‘‘Under Secretary for Border and Transportation 

Security’’ and inserting ‘‘Secretary’’; 

(8) in section 442(a)—

(A) in paragraph (2), by striking ‘‘who—’’ and all that follows through ‘‘(B) 

shall’’ and inserting ‘‘who shall’’; and 

(B) in paragraph (3)—

(i) in subparagraph (A), by striking ‘‘Under Secretary for Border and 

Transportation Security’’ each place it appears and inserting ‘‘Secretary’’; and 

(ii) in subparagraph (C), by striking ‘‘Border and Transportation Security’’ and inserting ‘‘Policy’’; 

(9) in section 443, by striking ‘‘The Under Secretary for Border and Transportation Security’’ and inserting ‘‘Subject to the direction and control of the Secretary, the Deputy Secretary’’; 

(10) in section 444, by striking ‘‘The Under Secretary for Border and Transportation Security’’ and inserting ‘‘Subject to the direction and control of the 

Secretary, the Deputy Secretary’’; 

(11) in section 472(e), by striking ‘‘or the Under Secretary for Border and 

Transportation Security’’; and 

(12) in section 878(e), by striking ‘‘the Directorate of Border and Transportation Security’’ and inserting ‘‘United States Customs and Border Protection, 

Immigration and Customs Enforcement’’. 

(d) CLERICAL AMENDMENTS.—The table of contents in section 1(b) of such Act is 

amended—

(1) by striking the item relating to title IV and inserting the following: 

‘‘TITLE IV—DIRECTORATE FOR POLICY’’; 

and 

(2) by striking the items relating to subtitle A of title IV and inserting the 

following: 

‘‘Subtitle A—Under Secretary for Policy 

‘‘Sec. 401. Directorate for Policy.’’. 

SEC. 202. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS. 

(a) IN GENERAL.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 

et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 707. CHIEF OPERATING OFFICERS. 

‘‘(a) IN GENERAL.—The Chief Operating Officers of the Department include the 

following officials of the Department: 

‘‘(1) The Chief Financial Officer. 

‘‘(2) The Chief Procurement Officer. 

‘‘(3) The Chief Information Officer. 

‘‘(4) The Chief Human Capital Officer. 

‘‘(5) The Chief Administrative Officer. 

‘‘(6) The Chief Security Officer. 

‘‘(b) DELEGATION.—The Secretary shall delegate to each Chief Operating Officer 

direct authority over that Officer’s counterparts in component agencies to ensure 

that the component agencies adhere to the laws, rules, regulations, and departmental policies for which such Officer is responsible for implementing. In coordination with the head of the relevant component agency, such authorities shall include, 

with respect to the Officer’s counterparts within component agencies of the Department, the following: 

‘‘(1) The authority to direct the activities of personnel. 

‘‘(2) The authority to direct planning, operations, and training. 

‘‘(3) The authority to direct the budget and other financial resources. 

‘‘(c) COORDINATION WITH HEADS OF COMPONENT AGENCIES.—In reporting to a 

Chief Operating Officer of the Department as required under subsection (b), a Chief 

Operating Officer of a component agency shall coordinate with the head of that component agency.’’. 

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(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the item relating to section 706 the following: 

‘‘Sec. 707. Chief Operating Officers.’’. 

SEC. 203. COMPREHENSIVE HOMELAND SECURITY REVIEW. 

(a) COMPREHENSIVE HOMELAND SECURITY REVIEW.—Subtitle A of title IV of the 

Homeland Security Act of 2002 is further amended by adding at the end the following: 

‘‘SEC. 402. COMPREHENSIVE HOMELAND SECURITY REVIEW. 

‘‘(a) REQUIREMENT TO CONDUCT REVIEWS.—The Secretary, acting through the 

Under Secretary for Policy, shall conduct a comprehensive examination of the Department, to be known as the Comprehensive Homeland Security Review. The Secretary shall conduct the first such review in fiscal year 2009, and shall conduct a 

subsequent review in the first fiscal year in which there begins the first presidential 

term of a new presidential administration. 

‘‘(b) PURPOSE OF REVIEW.—In each Comprehensive Homeland Security Review, 

the Secretary shall—

‘‘(1) include a Department of Homeland Security Strategy that is consistent 

with the most recent National Strategy for Homeland Security prescribed by the 

President; 

‘‘(2) define sufficient personnel and appropriate organizational structure and 

other requirements necessary for the successful execution of the full range of 

missions called for in the Department of Homeland Security Strategy; and ‘‘(3) identify a budget plan, acquisition strategy, procurement process, and any 

other resources, that are necessary to provide sufficient resources for the successful execution of the full range of missions called for in the Department of 

Homeland Security Strategy. 

‘‘(c) CONDUCT OF REVIEW.—

‘‘(1) CONSULTATION REQUIRED.—The Secretary shall conduct each review required under subsection (a) in consultation with key officials of the Department, 

including the Assistant Secretary of the Transportation Security Administration, the Commissioner of United States Customs and Border Protection, the Director of United States Citizenship and Immigration Services, the Assistant Secretary for Immigration and Customs Enforcement, the Director of the United 

States Secret Service, the Administrator of the Federal Emergency Management 

Agency, the Director of the Federal Law Enforcement Training Center, and the 

Commandant of the Coast Guard. 

‘‘(2) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECURITY PROGRAM.—The 

Secretary shall ensure that each review conducted under this section is consistent with the Future Years Homeland Security Program required under section 874. 

‘‘(d) REPORT TO CONGRESS AND THE PRESIDENT.—

‘‘(1) REPORT.—The Secretary shall submit to the Committee on Homeland Security of the House of Representatives, to the Committee on Homeland Security 

and Governmental Affairs of the Senate, and to the President a report on each 

Comprehensive Homeland Security Review. Each such report shall be submitted 

during the fiscal year following the fiscal year in which the review is conducted, 

but not later than the date on which the President submits to Congress the 

budget under section 1105(a) of title 31, United States Code, for the fiscal year 

following the fiscal year in which the report is to be submitted. 

‘‘(2) CONTENTS.—Each such report shall include the following, with a focus on 

reducing and managing risk and in preparing for, mitigating against, responding to, and recovering from terrorist attacks, major disasters, and other emergencies: 

‘‘(A) A comprehensive assessment of the level of alignment between the 

Department of Homeland Security Strategy and the human resources, infrastructure, assets, and organizational structure of the Department. 

‘‘(B) An explanation of any and all underlying assumptions used in conducting the Review. 

‘‘(C) The human resources requirements and response capabilities of the 

Department as they relate to the risks of terrorist attacks, major disasters, 

and other emergencies. 

‘‘(D) The strategic and tactical air, border sea, and land capabilities and 

requirements to support the Department of Homeland Security Strategy. 

‘‘(E) The nature and appropriateness of homeland security operational capabilities, including operational scientific and technical resources and capabilities and the anticipated effects on the human resources capabilities, 

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nology or operational capabilities anticipated to be available during the 

years subsequent to the Review. 

‘‘(F) Any other matter the Secretary considers appropriate to include in 

the Review. 

‘‘(3) DEADLINE FOR INITIAL REPORT.—Notwithstanding paragraph (1), the Secretary shall submit the first Report required under subsection (a) not later than 

September 30, 2010. 

‘‘(e) PREPARATIONS FOR FISCAL YEAR 2008 REVIEW.—In fiscal year 2008, the 

Under Secretary for Policy shall make all preparations for the conduct of the first 

Comprehensive Homeland Security Review in fiscal year 2009, including—

‘‘(1) determining the tasks to be performed; 

‘‘(2) estimating the human, financial, and other resources required to perform 

each task; 

‘‘(3) establishing the schedule for the execution of all project tasks; 

‘‘(4) ensuring that these resources will be available as needed; and 

‘‘(5) all other preparations considered necessary by the Under Secretary.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the item relating to section 401 the following: 

‘‘Sec. 402. Comprehensive Homeland Security Review.’’. 

SEC. 204. QUALIFICATIONS FOR THE UNDER SECRETARY FOR MANAGEMENT. 

(a) QUALIFICATIONS.—Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 

341) is amended by adding at the end the following: 

‘‘(c) QUALIFICATIONS.—The Under Secretary for Management shall have all of the 

following qualifications: 

‘‘(1) Extensive executive level leadership and management experience in the 

public or private sector. 

‘‘(2) Strong leadership skills. 

‘‘(3) A demonstrated ability to manage large and complex organizations. 

‘‘(4) A proven record of achieving positive operational results.’’. 

(b) DEADLINE FOR APPOINTMENT; INCUMBENT.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Homeland Security shall name 

an individual who meets the qualifications of section 701 of the Homeland Security 

Act (6 U.S.C. 341), as amended by subsection (a), to serve as the Under Secretary 

for Management. The Secretary may submit the name of the individual who serves 

in the position of Under Secretary for Management of the Department of Homeland 

Security on the date of enactment of this Act together with a statement the informs 

the Congress that the individual meets the qualifications of such section as so 

amended. 

SEC. 205. SENSE OF CONGRESS REGARDING CONSOLIDATION OF DEPARTMENT HEADQUARTERS. 

(a) FINDINGS.—Congress finds that—

(1) the Department of Homeland Security and its component headquarters facilities are currently scattered widely throughout the National Capital Region 

(NCR); 

(2) this geographic dispersal disrupts the Department’s ability to operate in 

an efficient manner, and could impair its ability to prevent, deter, prepare for, 

and respond to a terrorist attack, major disaster, or other emergencies; 

(3) the Government Accountability Office continues to list ‘‘Implementing and 

Transforming the Department of Homeland Security’’ on its ‘‘High Risk list’’; 

(4) consolidating the Department’s headquarters and component facilities, to 

the greatest extent practicable, would be an important step in facilitating the 

transformation and integration of the Department; and 

(5) the President has provided funding for Department consolidation in the 

fiscal year 2008 budget, and has determined that the only site under the control 

of the Federal Government and in the NCR with the size, capacity, and security 

features to meet the Department of Homeland Security’s minimum consolidation needs as identified in the Department of Homeland Security NCR Housing 

Master Plan submitted to Congress on October 24, 2006, is the West Campus 

of St. Elizabeths Hospital in the District of Columbia. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the consolidation of the 

Department and its key component headquarters on the West Campus of St. Elizabeths Hospital, to the maximum extent practicable consistent with the Department’s 

Housing Plan as submitted to Congress in October 2006, should move forward as 

expeditiously as possible with all the agencies involved in this effort bearing those 

costs for which they are responsible. 

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SEC. 206. REQUIRED BUDGET LINE ITEM FOR OFFICE OF COUNTERNARCOTICS ENFORCEMENT. 

In each fiscal year budget request for the Department of Homeland Security, the 

Secretary of Homeland Security shall include a separate line item for the fiscal year 

for expenditures by the Office of Counternarcotics Enforcement of the Department 

of Homeland Security. 

SEC. 207. DESIGNATION OF OFFICE OF COUNTERNARCOTICS ENFORCEMENT AS PRIMARY DEPARTMENT COUNTERNARCOTICS ENFORCEMENT REPRESENTATIVE. 

Section 878(d)(5) of the Homeland Security Act of 2002 (6 U.S.C. 458(d)(5)) is 

amended by striking ‘‘to be a representative’’ and inserting ‘‘to be the primary representative’’. 

SEC. 208. GRANTING LINE AUTHORITY TO THE ASSISTANT SECRETARY FOR LEGISLATIVE AFFAIRS. 

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is further amended by adding at the end the following: 

‘‘(d) AUTHORITY OF THE ASSISTANT SECRETARY FOR LEGISLATIVE AFFAIRS OVER DEPARTMENTAL COUNTERPARTS.—

‘‘(1) IN GENERAL.—The Secretary for the Department shall ensure that the Assistant Secretary for Legislative Affairs has adequate authority over his or her 

respective counterparts in component agencies of the Department to ensure that 

such component agencies adhere to the laws, rules, regulations, and departmental policies that the Assistant Secretary for Legislative Affairs is responsible for implementing. 

‘‘(2) INCLUDED AUTHORITIES.—The authorities of the Assistant Secretary for 

Legislative Affairs shall include, with respect to the counterparts in component 

agencies of the Department, the following: 

‘‘(A) The authority to direct the activities of personnel responsible for any 

of the following: 

‘‘(i) Making recommendations regarding the hiring, termination, and 

reassignment of individuals. 

‘‘(ii) Developing performance measures. 

‘‘(iii) Submitting written performance evaluations during the performance evaluation process that shall be considered in performance reviews, including recommendations for bonuses, pay raises, and promotions. 

‘‘(iv) Withholding funds from the relevant component agency that 

would otherwise be available for a particular purpose until the relevant 

component agency complies with the directions of the Assistant Secretary for Legislative Affairs or makes substantial progress towards 

meeting the specified goal. 

‘‘(B) The authority to direct planning, operations, and training. 

‘‘(C) The authority to direct the budget and other financial resources.’’. 

TITLE III—OVERSIGHT IMPROVEMENTS 

SEC. 301. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY. 

(a) IN GENERAL.—The Inspector General of the Department of Homeland Security 

shall review each contract action related to the Department’s Secure Border Initiative having a value greater than $20,000,000, to determine whether each such action fully complies with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned business, and 

timelines. The Inspector General shall complete a review under this subsection with 

respect to a contract action—

(1) not later than 60 days after the date of the initiation of the action; and 

(2) upon the conclusion of the performance of the contract. 

(b) REPORT BY INSPECTOR GENERAL.—Upon completion of each review required 

under subsection (a), the Inspector General shall submit to the Secretary of Homeland Security a report containing the findings of the review, including findings regarding any cost overruns, significant delays in contract execution, lack of rigorous 

departmental contract management, insufficient departmental financial oversight, 

bundling that limits the ability of small business to compete, or other high risk business practices. 

(c) REPORT BY SECRETARY.—Not later than 30 days after the receipt of each report 

required under subsection (b), the Secretary of Homeland Security shall submit to 

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on 

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the findings of the report by the Inspector General and the steps the Secretary has 

taken, or plans to take, to address the findings in such report. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

for the Office of the Inspector General of the Department of Homeland Security to 

carry out enhanced oversight of the Secure Border Initiative—

(1) for fiscal year 2008, of the amount authorized by section 101 and in addition to the amount authorized by section 303, $5,500,000; 

(2) for fiscal year 2009, at least 6 percent of the overall budget of the Office 

for that fiscal year; and 

(3) for fiscal year 2010, at least 7 percent of the overall budget of the Office 

for that fiscal year. 

(e) ACTION BY INSPECTOR GENERAL.—In the event the Inspector General becomes 

aware of any improper conduct or wrongdoing in accordance with the contract review required under subsection (a), the Inspector General shall, as expeditiously as 

practicable, refer to the Secretary of Homeland Security or other appropriate official 

in the Department of Homeland Security information related to such improper conduct or wrongdoing for purposes of evaluating whether to suspend or debar the contractor. 

SEC. 302. AUTHORIZATION LIAISON OFFICER. 

Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended by 

adding at the end the following: 

‘‘(d) AUTHORIZATION LIAISON OFFICER.—

‘‘(1) IN GENERAL.—The Chief Financial Officer shall establish the position of 

Authorization Liaison Officer to provide timely budget and other financial information to the Committee on Homeland Security of the House of Representatives 

and the Committee on Homeland Security and Governmental Affairs of the Senate. The Authorization Liaison Officer shall report directly to the Chief Financial Officer. 

‘‘(2) SUBMISSION OF REPORTS TO CONGRESS.—The Authorization Liaison Officer shall coordinate with the Appropriations Liaison Officer within the Office 

of the Chief Financial Officer to ensure, to the greatest extent possible, that all 

reports prepared for the Committees on Appropriations of the House of Representatives and the Senate are submitted concurrently to the Committee on 

Homeland Security of the House of Representatives and the Committee on 

Homeland Security and Governmental Affairs of the Senate.’’. 

SEC. 303. OFFICE OF THE INSPECTOR GENERAL. 

Of the amount authorized by section 101, there is authorized to be appropriated 

to the Secretary of Homeland Security $108,500,000 for fiscal year 2008 for operations of the Office of the Inspector General of the Department of Homeland Security. 

SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT. 

(a) IN GENERAL.—Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 104. CONGRESSIONAL NOTIFICATION. 

‘‘(a) IN GENERAL.—The Secretary shall actively consult with the congressional 

homeland security committees, and shall keep such committees fully and currently 

informed with respect to all activities and responsibilities within the jurisdictions 

of these committees. 

‘‘(b) RELATIONSHIP TO OTHER LAW.—Nothing in this section affects the requirements of section 872. The requirements of this section supplement, and do not replace, the requirements of that section. 

‘‘(c) CLASSIFIED NOTIFICATION.—The Secretary may submit any information required by this section in classified form if the information is classified pursuant to 

applicable national security standards. 

‘‘(d) SAVINGS CLAUSE.—This section shall not be construed to limit or otherwise 

affect the congressional notification requirements of title V of the National Security 

Act of 1947 (50 U.S.C. 413 et seq.), insofar as they apply to the Department. 

‘‘(e) DEFINITION.—As used in this section, the term ‘congressional homeland security committees’ means the Committee on Homeland Security and the Committee 

on Appropriations of the House of Representatives and the Committee on Homeland 

Security and Governmental Affairs and the Committee on Appropriations of the 

Senate.’’. 

(b) CONFORMING AMENDMENT.—The table of contents in section 1(b) of such Act 

is amended by adding at the end of the items relating to such title the following: 

‘‘Sec. 104. Congressional notification.’’. 

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(c) COAST GUARD MISSION REVIEW REPORT.—Section 888(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(f)(2)) is amended— (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) 

through (F) respectively; and 

(2) by striking subparagraph (A) and inserting the following: ‘‘(A) the Committee on Homeland Security and Governmental Affairs of 

the Senate; ‘‘(B) the Committee on Homeland Security of the House of Representatives;’’. 

SEC. 305. SENSE OF CONGRESS REGARDING OVERSIGHT OF HOMELAND SECURITY. 

It is the sense of the Congress that the House of Representatives and the Senate 

should implement the recommendation of the National Commission on Terrorist Attacks Upon the United States to designate a committee in each body to serve as 

the single, principal point of oversight and review for homeland security and to authorize the activities of the Department of Homeland Security. 

TITLE IV—PROCUREMENT POLICY AND 

RESOURCES IMPROVEMENTS 

SEC. 401. HOMELAND SECURITY PROCUREMENT TRAINING. 

(a) IN GENERAL.—Subtitle D of title VIII of the Homeland Security Act of 2002 

is amended by adding at the end the following new section: 

‘‘SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING. 

‘‘(a) PROVISION OF TRAINING.—The Chief Procurement Officer shall provide homeland security procurement training to acquisition employees. ‘‘(b) RESPONSIBILITIES OF CHIEF PROCUREMENT OFFICER.—The Chief Procurement 

Officer shall carry out the following responsibilities: ‘‘(1) Establish objectives to achieve the efficient and effective use of available 

acquisition resources by coordinating the acquisition education and training programs of the Department and tailoring them to support the careers of acquisition employees. ‘‘(2) Develop, in consultation with the Council on Procurement Training established under subsection (d), the curriculum of the homeland security procurement training to be provided. ‘‘(3) Establish, in consultation with the Council on Procurement Training, 

training standards, requirements, and courses to be required for acquisition employees. ‘‘(4) Establish an appropriate centralized mechanism to control the allocation 

of resources for conducting such required courses and other training and education. ‘‘(5) Select course providers and certify courses to ensure that the procurement training curriculum supports a coherent framework for the educational development of acquisition employees, including the provision of basic, intermediate, and advanced courses. 

‘‘(6) Publish an annual catalog that includes a list of the acquisition education 

and training courses. 

‘‘(7) Develop a system of maintaining records of student enrollment, and other 

data related to students and courses conducted pursuant to this section. 

‘‘(c) ELIGIBILITY FOR TRAINING.—An acquisition employee of any entity under subsection (d)(3) may receive training provided under this section. The appropriate 

member of the Council on Procurement Training may direct such an employee to 

receive procurement training. 

‘‘(d) COUNCIL ON PROCUREMENT TRAINING.—

‘‘(1) ESTABLISHMENT.—The Secretary shall establish a Council on Procurement Training to advise and make policy and curriculum recommendations to 

the Chief Procurement Officer. 

‘‘(2) CHAIR OF COUNCIL.—The chair of the Council on Procurement Training 

shall be the Deputy Chief Procurement Officer. 

‘‘(3) MEMBERS.—The members of the Council on Procurement Training are 

the chief procurement officers of each of the following: 

‘‘(A) United States Customs and Border Protection. 

‘‘(B) The Transportation Security Administration. 

‘‘(C) The Office of Procurement Operations. 

‘‘(D) The Bureau of Immigration and Customs Enforcement. 

‘‘(E) The Federal Emergency Management Agency. 

‘‘(F) The Coast Guard. 

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‘‘(G) The Federal Law Enforcement Training Center. 

‘‘(H) The United States Secret Service. 

‘‘(I) Such other entity as the Secretary determines appropriate. ‘‘(e) ACQUISITION EMPLOYEE DEFINED.—For purposes of this section, the term ‘ac- quisition employee’ means an employee serving under a career or career-conditional 

appointment in the competitive service or appointment of equivalent tenure in the 

excepted service of the Federal Government, at least 50 percent of whose assigned 

duties include acquisitions, procurement-related program management, or procurement-related oversight functions. ‘‘(f) REPORT REQUIRED.—Not later than March 1 of each year, the Chief Procurement Officer shall submit to the Secretary a report on the procurement training provided under this section, which shall include information about student enrollment, 

students who enroll but do not attend courses, graduates, certifications, and other 

relevant information.’’. (b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by adding at the end of the items relating to such subtitle the following: 

‘‘Sec. 836. Homeland security procurement training.’’. 

SEC. 402. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR 

PROCUREMENT OFFICES. 

(a) DEFINITIONS.—For purposes of this section— (1) the term ‘‘procurement office’’ means the Office of Procurement Operations 

and any other procurement office within any agency or other component of the 

Department; 

(2) the term ‘‘annuitant’’ means an annuitant under a Government retirement 

system; 

(3) the term ‘‘Government retirement system’’ has the meaning given such 

term by section 501(a); and 

(4) the term ‘‘employee’’ has the meaning given such term by section 2105 of 

title 5, United States Code. 

(b) APPOINTMENT AUTHORITY.—The Secretary (acting through the Chief Procurement Officer) may, for the purpose of supporting the Department’s acquisition capabilities and enhancing contract management throughout the Department, appoint 

annuitants to positions in procurement offices in accordance with succeeding provisions of this section. 

(c) NONCOMPETITIVE PROCEDURES; EXEMPTION FROM OFFSET.—An appointment 

made under subsection (b) shall not be subject to the provisions of title 5, United 

States Code, governing appointments in the competitive service, and any annuitant 

serving pursuant to such an appointment shall be exempt from sections 8344 and 

8468 of such title 5 (relating to annuities and pay on reemployment) and any other 

similar provision of law under a Government retirement system. 

(d) LIMITATIONS.—No appointment under subsection (b) may be made if such appointment would result in the displacement of any employee or would cause the 

total number of positions filled by annuitants appointed under such subsection to 

exceed 250 as of any time (determined on a full-time equivalent basis). 

(e) RULE OF CONSTRUCTION.—An annuitant as to whom an exemption under subsection (c) is in effect shall not be considered an employee for purposes of any Government retirement system. 

(f) TERMINATION.—Upon the expiration of the 5-year period beginning on the date 

of the enactment of this Act—

(1) any authority to make appointments under subsection (b) shall cease to 

be available; and 

(2) all exemptions under subsection (c) shall cease to be effective. 

SEC. 403. ADDITIONAL REQUIREMENT TO REVIEW PAST PERFORMANCE OF CONTRACTORS. 

(a) IN GENERAL.—Such subtitle is further amended by adding at the end the following new section: 

‘‘SEC. 837. REVIEW OF CONTRACTOR PAST PERFORMANCE. 

‘‘(a) CONSIDERATION OF CONTRACTOR PAST PERFORMANCE.—In awarding a contract 

to a contractor, the Secretary shall consider the past performance of that contractor 

based on the review conducted under subsection (b). 

‘‘(b) REVIEW REQUIRED.—Before awarding to a contractor (including a contractor 

that has previously provided goods or services to the Department) a contract to provide goods or services to the Department, the Secretary, acting through the appropriate contracting officer of the Department, shall require the contractor to submit 

information regarding the contractor’s performance of Federal, State, and local government and private sector contracts. 

‘‘(c) CONTACT OF RELEVANT OFFICIALS.—As part of any review of a contractor conducted under subsection (b), the Secretary, acting through an appropriate conmstockstill on PROD1PC66 with HEARING

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tracting officer of the Department, shall contact the relevant official who administered or oversaw each contract performed by that contractor during the five-year period preceding the date on which the review begins.’’. (b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by adding at the end of the items relating to such subtitle the following: 

‘‘Sec. 837. Review of contractor past performance.’’. 

SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN OWNERSHIP OR CONTROL OF CONTRACTORS AND SUBCONTRACTORS. 

(a) COMPLIANCE WITH BUY AMERICAN ACT.—With respect to any procurement of 

goods or services by the Department of Homeland Security, the Chief Procurement 

Officer of the Department shall conduct an independent review of the procurement 

to ensure that it complies with all relevant provisions of the Buy American Act (41 

U.S.C. 10a et seq.). 

(b) FOREIGN OWNERSHIP OR CONTROL OF CONTRACTORS AND SUBCONTRACTORS.— (1) DISCLOSURE OF INFORMATION.—With respect to any procurement of goods 

or services by the Department of Homeland Security, the Secretary of Homeland Security shall require an offeror or prospective offeror to disclose whether 

the offeror or any prospective subcontractor (at any tier) is owned or controlled 

by a foreign person. The Secretary shall require all offerors, prospective 

offerors, and contractors to update the disclosure at any time before award of 

the contract or during performance of the contract, if the information provided 

becomes incorrect because of a change of ownership, a change in subcontractors, 

or for any other reason. 

(2) FOREIGN OWNERSHIP OR CONTROL.—In this subsection: 

(A) The term ‘‘owned or controlled by a foreign person’’, with respect to 

an offeror, contractor, or subcontractor, means that a foreign person owns 

or controls, directly or indirectly, 50 percent or more of the voting stock or 

other ownership interest in the offeror, contractor, or subcontractor. 

(B) The term ‘‘foreign person’’ means any of the following: 

(i) A foreign government. 

(ii) A corporation organized under the laws of a foreign country. 

(iii) An individual who is not a citizen of the United States. 

(3) REGULATIONS.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary of Homeland Security shall promulgate regulations to 

carry out this subsection. 

SEC. 405. INTEGRITY IN CONTRACTING. 

(a) IN GENERAL.—Subtitle D of title VIII of the Homeland Security Act of 2002 

(6 U.S.C. 391 et seq.) is further amended by adding at the end the following: 

‘‘SEC. 838. INTEGRITY IN CONTRACTING. 

‘‘(a) ATTESTATION REQUIRED.—The Secretary shall require any offeror for any contract to provide goods or services to the Department to submit as part of the 

offeror’s bid for such contract an attestation that affirmatively discloses any substantial role the offeror, the employees of the offeror, or any corporate parent or subsidiary of the offeror may have played in creating a solicitation, request for proposal, 

statement of work, or statement of objectives (as those terms are defined in the Federal Acquisition Regulation) for the Department. 

‘‘(b) ADDITIONAL REQUIREMENTS FOR CERTAIN OFFERORS.—If an offeror submits an 

attestation under subsection (a) that discloses that the offeror, an employee of the 

offeror, or any corporate parent or subsidiary of the offeror played a substantial role 

in creating a solicitation, request for proposal, statement of work, or statement of 

objectives for the Department, the Secretary shall require the offeror to submit to 

the Secretary a description of the safeguards used to ensure that precautions were 

in place to prevent the offeror from receiving information through such role that 

could be used to provide the offeror an undue advantage in submitting an offer for 

a contract. 

‘‘(c) CERTIFICATION REQUIREMENTS.—

‘‘(1) IN GENERAL.—The Secretary shall require any offeror for any contract to 

provide goods or services to the Department to submit to the Secretary as part 

of the offeror’s bid for such contract a certification in writing whether, as of the 

date on which the certification is submitted, the offeror—

‘‘(A) is in default on any payment of any tax to the Federal Government; 

or 

‘‘(B) owes the Federal Government for any payment of any delinquent 

tax. 

‘‘(2) FAILURE OF CERTIFICATION.—Nothing in this section shall prevent the Department from awarding a contract to an offeror based solely on the offeror’s 

certification.’’. 

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(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

further amended by adding at the end of the items relating to such subtitle the following: 

‘‘Sec. 838. Integrity in contracting.’’. 

SEC. 406. SMALL BUSINESS UTILIZATION REPORT. 

(a) REPORT.—Not later than 360 days after the date of the enactment of this Act, 

the Chief Procurement Officer of the Department of Homeland Security shall submit 

to the Secretary of Homeland Security, the Committee on Homeland Security of the 

House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that—

(1) identifies each component of the Department for which the aggregate 

value of contracts awarded in fiscal year 2006 by the component to qualified 

HUBZone small business concerns and small business concerns owned and controlled by service-disabled veterans was less than 3 percent of the total value 

of all contracts awarded under the component for that fiscal year; and 

(2) identifies each component of the Department for which the aggregate 

value of contracts awarded in fiscal year 2006 by the component to socially or 

economically disadvantaged small business concerns, including 8(a) small business concerns, and small business concerns owned and controlled by women was 

less than 5 percent of the total value of all contracts awarded by the component 

for that fiscal year. 

(b) ACTION PLAN.—

(1) ACTION PLAN REQUIRED.—Not later than 90 days after the date of the submission of the report required under subsection (a), the Chief Procurement Officer, in consultation with Office of Small and Disadvantaged Businesses Utilization of the Department, shall for each component identified under subsection 

(a)(1) and (a)(2), develop, submit to the Committees referred to in subsection (a), 

and begin implementing an action plan for achieving the objective described in 

subsection (b)(2). An action plan is not required if the component meets or exceeds the objective described in subsection (b)(2). 

(2) IDENTIFICATION OF BARRIERS.—Each action plan shall identify and describe any barriers to achieving the objectives of awarding by the component, 

for a fiscal year, contracts having an aggregate value of at least 3 percent of 

the total value of all contracts awarded by the component for the fiscal year to 

small business concerns identified under subsection (a)(1) and 5 percent of the 

total value of all contracts awarded by the component for the fiscal year to 

small business concerns identified under subsection (a)(2). 

(3) PERFORMANCE MEASURES AND TIMETABLE.—Each action plan submitted 

under paragraph (1) shall include performance measures and a timetable for 

compliance and achievement of the objectives described in paragraph (2). 

(c) PRIORITY CONSIDERATION.—

(1) IN GENERAL.—The Chief Procurement Officer may give priority consideration to small business concerns for all open market procurements exceeding 

the simplified acquisition threshold prior to initiating full and open, or unrestricted, competition. 

(2) ORDER OF PRIORITY.—In proceeding with priority consideration under 

paragraph (1), the Chief Procurement Officer shall consider contracting proposals in the following order: 

(A) Proposals submitted by 8(a) small business concerns or HUBZone 

small business concerns; service-disabled veteran owned small business concerns; or women owned small business concerns. 

(B) Proposals submitted by other small business concerns. 

(C) Proposals submitted under full and open competition. 

(3) For purposes of carrying out paragraph (2) with respect to proposals submitted by small business concerns described in the same subparagraph of paragraph (2), the Chief Procurement Officer shall select the appropriate category 

of concern based on market research, historical data, and progress toward 

achieving the objective described in subsection (b)(2). 

(d) DEFINITIONS.—For purposes of this section, the terms ‘‘small business concern’’, ‘‘socially or economically disadvantaged small business concern’’, ‘‘women 

owned small business concern’’, ‘‘small business concern owned and controlled by 

service-disabled veterans’’, ‘‘8(a) small business concerns’’, and ‘‘qualified HUBZone 

small business concern’’ have the meanings given such terms under the Small Business Act (15 U.S.C. 631 et seq.). 

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SEC. 407. REQUIREMENT THAT UNIFORMS, PROTECTIVE GEAR, BADGES, AND IDENTIFICATION CARDS OF HOMELAND SECURITY PERSONNEL BE MANUFACTURED IN THE 

UNITED STATES. 

(a) IN GENERAL.—Subtitle D of title VIII of the Homeland Security Act of 2002 

(6 U.S.C. 391 et seq.) is further amended by adding at the end the following new 

section: 

‘‘SEC. 839. REQUIREMENT THAT CERTAIN ARTICLES PROCURED FOR DEPARTMENT PERSONNEL BE MANUFACTURED IN THE UNITED STATES. 

‘‘(a) REQUIREMENT.—Except as provided in section (c), funds appropriated or otherwise available to the Department may not be used for the procurement of an article described in section (b) if the item is not manufactured in the United States. ‘‘(b) COVERED ARTICLES.—An article referred to in subsection (a) is any of the following articles procured for personnel of the Department: ‘‘(1) Uniforms. 

‘‘(2) Protective gear. 

‘‘(3) Badges or other insignia indicating the rank, office, or position of personnel. ‘‘(4) Identification cards. ‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) does not apply to the extent that 

the Secretary determines that satisfactory quality and sufficient quantity of the article cannot be procured as and when needed at United States market prices. If such 

a determination is made with respect to an article, the Secretary shall— ‘‘(1) notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of 

the Senate within 7 days after making the determination; and ‘‘(2) include in that notification a certification that manufacturing the article 

outside the United States does not pose a risk to the national security of the 

United States, as well as a detailed explanation of the steps any facility outside 

the United States that is manufacturing the article will be required to take to 

ensure that the materials, patterns, logos, designs, or any other element used 

in or for the article are not misappropriated. ‘‘(d) OTHER EXCEPTIONS.—Subsection (a) does not apply— ‘‘(1) to acquisitions at or below the micro-purchase threshold (as defined in 

section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)); and ‘‘(2) to acquisitions outside the United States for use outside of the United 

States. ‘‘(e) USE OF DOMESTIC TEXTILES.—For fiscal year 2008 and each subsequent fiscal 

year, the Secretary shall take all available steps to ensure that, to the maximum 

extent practicable, the items described in subsection (b) procured by the Department 

are manufactured using domestic textiles. ‘‘(f) RELATIONSHIP TO WAIVER UNDER TRADE AGREEMENTS ACT OF 1979.—Subsection (a) shall apply notwithstanding any waiver under section 301 of the Trade 

Agreements Act of 1979 (19 U.S.C. 2511).’’. (b) CONFORMING AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding at the end of the items relating 

to such subtitle the following new item: 

‘‘Sec. 839. Requirement that certain articles procured for Department personnel be manufactured in the United 

States.’’. 

(c) APPLICABILITY.—The amendments made by this section take effect 120 days 

after the date of the enactment of this Act and apply to any contract entered into 

on or after that date for the procurement of items to which such amendments apply. 

SEC. 408. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTE ́ GE ́ PROGRAM. 

(a) ESTABLISHMENT.—The Secretary of Homeland Security shall establish within 

the Department of Homeland Security’s Office of Small and Disadvantaged Business 

Utilization a Mentor-Prote ́ge ́ Program, which shall motivate and encourage prime 

contractors that are large businesses to provide developmental assistance to small 

business concerns, small business concerns owned and controlled by veterans, small 

business concerns owned and controlled by service-disabled veterans, HUBZone 

small business concerns, small business concerns owned by socially and economically disadvantaged individuals, and small business concerns owned and controlled 

by women. 

(b) PARTICIPATION BY CONTRACTORS AND OFFERORS.—The Secretary shall take affirmative steps to publicize and to ensure that Department contractors and offerors 

are fully aware of and are participating in the Mentor-Prote ́ge ́ Program, including 

that their efforts to seek and develop a formal Mentor-Prote ́ge ́ relationship will be 

a factor in the evaluation of bids or offers for Department contracts. 

(c) FACTOR IN EVALUATION OF OFFERS.—When evaluating the offer of a contractor, 

the Department of Homeland Security shall consider that offeror’s efforts to seek 

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and develop a formal Mentor-Prote ́ge ́ relationship under the Mentor-Prote ́ge ́ Program. 

(d) REVIEW BY INSPECTOR GENERAL.—The Inspector General of the Department of 

Homeland Security shall conduct a review of the Mentor-Prote ́ge ́ Program. Such review shall include— (1) an assessment of the program’s effectiveness; 

(2) identification of any barriers that restrict contractors from participating 

in the program; 

(3) a comparison of the program with the Department of Defense MentorProte ́ge ́ Program; and 

(4) development of recommendations to strengthen the program to include the 

maximum number of contractors as possible. 

SEC. 409. PROHIBITION ON AWARD OF CONTRACTS AND GRANTS TO EDUCATIONAL INSTITUTIONS NOT SUPPORTING COAST GUARD EFFORTS. 

(a) PROHIBITION.—The Secretary of Homeland Security may not award a contract 

or grant to an institution of higher education (including any subelement of that institution) if that institution (or any subelement of that institution) has a policy or 

practice (regardless of when implemented) that prohibits, or in effect prevents, the 

Commandant of the Coast Guard from gaining access to campuses of the institution, 

or access to students (who are 17 years of age or older) on such campuses, for purposes of recruiting, in a manner that is at least equal in quality and scope to the 

access to campuses and to students that is provided to any other employer. 

(b) INSTITUTION OF HIGHER EDUCATION DEFINED.—For purposes of this section, 

the term ‘‘institution of higher education’’ has the meaning provided in section 101 

of the Higher Education Act of 1965 (20 U.S.C. 1001). 

(c) LIMITATION ON APPLICATION.—The prohibition in this section shall not apply 

to an institution of higher education (or any subelement of that institution) if the 

Secretary of Homeland Security determines that the institution of higher education 

has a longstanding policy of pacifism based on historical religious affiliation. 

SEC. 410. REPORT ON SOURCE OF SHORTFALLS AT FEDERAL PROTECTIVE SERVICE. 

The Secretary of Homeland Security may not conduct a reduction in force or furlough of the workforce of the Federal Protective Service until—

(1) the Comptroller General of the United States submits to the Committees 

on Homeland Security and Transportation and Infrastructure of the House of 

Representatives and the Committee on Homeland Security and Governmental 

Affairs of the Senate the report on the source of shortfalls at the Federal Protective Service that was requested by the Committee on Homeland Security and 

Governmental Affairs of the Senate; and 

(2) the Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives have conducted hearings on such 

report. 

TITLE V—WORKFORCE AND TRAINING 

IMPROVEMENTS 

SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER PAY EQUITY. 

(a) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘Government retirement system’’ means a retirement system established by law for employees of the Government of the United States. 

(2) The term ‘‘Customs and Border Protection Officer position’’ refers to any 

Customs and Border Protection Officer position—

(A) which is within the Department of Homeland Security, and 

(B) the primary duties of which consist of enforcing the border, customs, 

or agriculture laws of the United States; 

such term includes a supervisory or administrative position within the Department of Homeland Security to which an individual transfers directly from a position described in the preceding provisions of this paragraph in which such individual served for at least three years. 

(3) The term ‘‘law enforcement officer’’ has the meaning given such term 

under the Government retirement system involved. 

(4) The term ‘‘Executive agency’’ or ‘‘agency’’ has the meaning given under 

section 105 of title 5, United States Code. 

(5) The term ‘‘prior qualified service’’ means service as a Customs and Border 

Protection Officer within the Department of Homeland Security, since its establishment in March 2003. 

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(b) TREATMENT AS A LAW ENFORCEMENT OFFICER.—In the administration of any 

Government retirement system, service in a Customs and Border Protection Officer 

position shall be treated in the same way as service performed in a law enforcement 

officer position, subject to succeeding provisions of this section. 

(c) APPLICABILITY.—Subsection (b) shall apply in the case of—

(1) any individual first appointed to a Customs and Border Protection Officer 

position on or after the date of the enactment of this Act; and 

(2) any individual who—

(A) holds a Customs and Border Protection Officer position on the date 

of the enactment of this Act pursuant to an appointment made before such 

date; and 

(B) who submits to the agency administering the retirement system involved an appropriate election under this section, not later than five years 

after the date of the enactment of this Act or before separation from Government service, whichever is earlier. 

(d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR QUALIFIED SERVICE.—

(1) IN GENERAL.—An individual described in subsection (c)(2)(B) may, with respect to prior qualified service performed by such individual, contribute to the 

Government retirement system by which such individual is covered (for deposit 

in the appropriate fund within the Treasury) the difference between the individual contributions that were actually made for such service and the individual 

contributions that should have been made for such service if subsection (b) had 

then been in effect (with interest). 

(2) EFFECT OF NOT CONTRIBUTING.—If less than the full contribution under 

paragraph (1) is made, all prior qualified service of the individual shall remain 

fully creditable as law enforcement officer service, but the resulting annuity (before cost-of-living adjustments) shall be reduced in a manner such that, when 

combined with the unpaid amount, would result in the present value of the total 

being actuarially equivalent to the present value of the annuity that would otherwise have been payable if the full contribution had been made. 

(e) GOVERNMENT CONTRIBUTIONS FOR PRIOR QUALIFIED SERVICE.—

(1) IN GENERAL.—If an individual makes an election under subsection 

(c)(2)(B), the Department of Homeland Security shall remit, with respect to any 

prior qualified service, the total amount of additional Government contributions 

that would have been required for such service under the retirement system involved if subsection (b) had then been in effect (with interest). 

(2) CONTRIBUTIONS TO BE MADE RATABLY.—Government contributions under 

this subsection on behalf of an individual shall be made ratably (on at least an 

annual basis) over the ten-year period beginning on the date an individual’s retirement deductions begin to be made. 

(f) EXEMPTION FROM MANDATORY SEPARATION.—Effective during the three-year 

period beginning on the date of the enactment of this Act, nothing in this section 

shall result in any individual being involuntarily separated on account of the provisions of any retirement system relating to the mandatory separation of a law enforcement officer on account of age or age and service combined. 

(g) RULE OF CONSTRUCTION.—Nothing in this section shall be considered to apply 

in the case of a reemployed annuitant. 

(h) REGULATIONS.—Any regulations necessary to carry out this section shall be 

prescribed in consultation with the Secretary of Homeland Security. 

SEC. 502. PLAN TO IMPROVE REPRESENTATION OF MINORITIES IN VARIOUS CATEGORIES OF 

EMPLOYMENT. 

(a) PLAN FOR IMPROVING REPRESENTATION OF MINORITIES.—Not later than 90 

days after the date of the enactment of this Act, the Chief Human Capital Officer 

of the Department of Homeland Security shall prepare and transmit to the Committee on Homeland Security of the House of Representatives, the Committee on 

Homeland Security and Governmental Affairs of the Senate, and the Comptroller 

General of the United States a plan to achieve the objective of addressing any under 

representation of minorities in the various categories of civil service employment 

within such Department. Such plan shall identify and describe any barriers to 

achieving the objective described in the preceding sentence and the strategies and 

measures included in the plan to overcome them. 

(b) ASSESSMENTS.—Not later than 1 year after receiving the plan, the Comptroller 

General of the United States shall assess—

(1) any programs and other measures currently being implemented to achieve 

the objective described in the first sentence of subsection (a); and 

(2) the likelihood that the plan will allow the Department to achieve such objective. 

(c) DEFINITIONS.—For purposes of this section—

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(1) the term ‘‘under representation’’ means when the members of a minority 

group within a category of Federal civil service employment constitute a lower 

percentage of the total number of employees within the employment category 

than the percentage that the minority constitutes within the labor force of the 

Federal Government, according to statistics issued by the Office of Personnel 

Management; 

(2) the term ‘‘minority groups’’ or ‘‘minorities’’ means—

(A) racial and ethnic minorities; 

(B) women; and 

(C) individuals with disabilities; and 

(3) the term ‘‘category of civil service employment’’ means—

(A) each pay grade, pay band, or other classification of every pay schedule 

and all other levels of pay applicable to the Department of Homeland Security; and 

(B) such occupational, professional, or other groupings (including occupational series) as the Chief Human Capital Officer of the Department of 

Homeland Security may specify, in the plan described in subsection (a), in 

order to carry out the purposes of this section. 

SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL LAW ENFORCEMENT TRAINING CENTER TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS. 

Section 1202(a) of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (42 U.S.C. 3771 

note) is amended in the first sentence by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2008’’. 

SEC. 504. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR 

CUSTOMS AND BORDER PROTECTION. 

(a) DEFINITIONS.—For purposes of this section—

(1) the term ‘‘CBP’’ means the United States Customs and Border Protection; 

(2) the term ‘‘annuitant’’ means an annuitant under a Government retirement 

system; 

(3) the term ‘‘Government retirement system’’ has the meaning given such 

term by section 501(a); and 

(4) the term ‘‘employee’’ has the meaning given such term by section 2105 of 

title 5, United States Code. 

(b) APPOINTMENT AUTHORITY.—The Secretary (acting through the Commissioner 

of the United States Customs and Border Protection) may, for the purpose of accelerating the ability of the CBP to secure the borders of the United States, appoint 

annuitants to positions in the CBP in accordance with succeeding provisions of this 

section. 

(c) NONCOMPETITIVE PROCEDURES; EXEMPTION FROM OFFSET.—An appointment 

made under subsection (b) shall not be subject to the provisions of title 5, United 

States Code, governing appointments in the competitive service, and any annuitant 

serving pursuant to such an appointment shall be exempt from sections 8344 and 

8468 of such title 5 (relating to annuities and pay on reemployment) and any other 

similar provision of law under a Government retirement system. 

(d) LIMITATIONS.—No appointment under subsection (b) may be made if such appointment would result in the displacement of any employee or would cause the 

total number of positions filled by annuitants appointed under such subsection to 

exceed 500 as of any time (determined on a full-time equivalent basis). 

(e) RULE OF CONSTRUCTION.—An annuitant as to whom an exemption under subsection (c) is in effect shall not be considered an employee for purposes of any Government retirement system. 

(f) TERMINATION.—Upon the expiration of the 5-year period beginning on the date 

of the enactment of this Act—

(1) any authority to make appointments under subsection (b) shall cease to 

be available; and 

(2) all exemptions under subsection (c) shall cease to be effective. 

SEC. 505. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION. 

(a) IN GENERAL.—In order to address the recruitment and retention challenges 

faced by United States Customs and Border Protection, the Secretary of Homeland 

Security shall establish a plan, consistent with existing Federal statutes applicable 

to pay, recruitment, relocation, and retention of Federal law enforcement officers. 

Such plan shall include the following components: 

(1) The establishment of a recruitment incentive for Border Patrol agents, including the establishment of a foreign language incentive award. 

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(2) The establishment of a retention plan, including the payment of bonuses 

to Border Patrol agents for every year of service after the first two years of service. 

(3) An increase in the pay percentage differentials to Border Patrol agents in 

certain high-cost areas, as determined by the Secretary, consistent with entrylevel pay to other Federal, State, and local law enforcement agencies. 

(4) The establishment of a mechanism whereby Border Patrol agents can 

transfer from one location to another after the first two years of service in their 

initial duty location. 

(5) The establishment of quarterly goals for the recruitment of new Border 

Patrol agents, including goals for the number of recruits entering Border Patrol 

training, and the number of recruits who successfully complete such training 

and become Border Patrol agents. 

(b) REPORT.—

(1) IN GENERAL.—Not later than the first calendar quarter after the date of 

the enactment of this Act and every calendar quarter thereafter, the Secretary 

of Homeland Security shall submit to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland Security and 

Governmental Affairs of the Senate a report identifying whether the quarterly 

goals for the recruitment of new Border Patrol agents established under subsection (a)(5) were met, and an update on the status of recruitment efforts and 

attrition rates among Border Patrol agents. 

(2) CONTENTS OF REPORT.—The report required under paragraph (1) shall contain, at a minimum, the following with respect to each calendar quarter: 

(A) The number of recruits who enter Border Patrol training. 

(B) The number of recruits who successfully complete such training and 

become Border Patrol agents. 

(C) The number of Border Patrol agents who are lost to attrition. 

SEC. 506. LIMITATION ON REIMBURSEMENTS RELATING TO CERTAIN DETAILEES. 

In the case of an individual assigned to the Department of Homeland Security as 

a detailee under an arrangement described in subchapter VI of chapter 33 of title 

5, United States Code, the maximum reimbursement by the Department of Homeland Security which may be made under section 3374(c) of such title with respect 

to such individual for the period of the assignment (including for any employee benefits) may not exceed the total amount of basic pay that would have been payable 

for such period if such individual had been paid, at the highest rate allowable under 

section 5382 of such title, as a member of the Senior Executive Service. 

SEC. 507. INTEGRITY IN POST-EMPLOYMENT. 

(a) DESIGNATIONS AS SEPARATE AGENCIES AND BUREAUS BARRED.—No agency, bureau, or other entity of the Department of Homeland Security may be designated 

under section 207(h)(1) of title 18, United States Code, as a separate agency or bureau. 

(b) EFFECTIVE DATE.—

(1) IN GENERAL.—This section takes effect on the later of—

(A) June 6, 2007; or 

(B) the date of the enactment of this Act. 

(2) APPLICABILITY TO DESIGNATIONS.—The following shall cease to be effective 

on the date this section takes effect under paragraph (1): 

(A) Any waiver of restrictions made under section 207(c)(2)(C) of title 18, 

United States Code, before the enactment of this Act, with respect to any 

position, or category of positions, in the Department of Homeland Security. 

(B) Any designation of an agency, bureau, or other entity in the Department of Homeland Security, before the enactment of this Act, under section 

207(h)(1) of title 18, United States Code, as a separate agency or bureau. 

SEC. 508. INCREASED SECURITY SCREENING OF HOMELAND SECURITY OFFICIALS. 

(a) REVIEW REQUIRED.—Not later than 90 days after the date of enactment of this 

Act, the Secretary of Homeland Security shall conduct a Department-wide review 

of the Department of Homeland Security security clearance and suitability review 

procedures for Department employees and contractors, as well as individuals in 

State and local government agencies and private sector entities with a need to receive classified information. 

(b) STRENGTHENING OF SECURITY SCREENING POLICIES.—

(1) IN GENERAL.—Based on the findings of the review conducted under subsection (a), the Secretary shall, as appropriate, take all necessary steps to 

strengthen the Department’s security screening policies, including consolidating 

the security clearance investigative authority at the headquarters of the Department. 

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(2) ELEMENTS.—In strengthening security screening policies under paragraph 

(1), the Secretary shall consider whether and where appropriate ensure that—

(A) all components of the Department of Homeland Security meet or exceed Federal and Departmental standards for security clearance investigations, adjudications, and suitability reviews; 

(B) the Department has a cadre of well-trained adjudicators and the Department has in place a program to train and oversee adjudicators; and 

(C) suitability reviews are conducted for all Department of Homeland Security employees who transfer from a component of the Department to the 

headquarters of the Departmental. 

SEC. 509. AUTHORITIES OF CHIEF SECURITY OFFICER. 

(a) ESTABLISHMENT.—Title VII of the Homeland Security Act of 2002 (6 U.S.C. 

341 et seq.) is further amended by adding at the end the following: 

‘‘SEC. 708. CHIEF SECURITY OFFICER. 

‘‘(a) ESTABLISHMENT.—There is in the Department a Chief Security Officer. 

‘‘(b) RESPONSIBILITIES.—The Chief Security Officer shall—

‘‘(1) have responsibility for personnel security, facility access, security awareness, and related training; 

‘‘(2) ensure that each component of the Department complies with Federal 

standards for security clearances and background investigations; 

‘‘(3) ensure, to the greatest extent practicable, that individuals in State and 

local government agencies and private sector entities with a need to receive 

classified information, receive the appropriate clearances in a timely fashion; 

and 

‘‘(4) perform all other functions as determined by the Secretary.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the items relating to such title the following new item: 

‘‘Sec. 708. Chief Security Officer.’’. 

SEC. 510. DEPARTMENTAL CULTURE IMPROVEMENT. 

(a) CONSIDERATION REQUIRED.—The Secretary of Homeland Security, acting 

through the Chief Human Capital Officer, shall consider implementing recommendations set forth in the Homeland Security Advisory Council Culture Task 

Force Report of January 2007. 

(b) IDENTIFICATION OF TERMS.—As part of this consideration, the Secretary, acting 

through the Chief Human Capital Officer, shall identify an appropriate term, as 

among ‘‘workforce’’, ‘‘personnel’’, and ‘‘employee’’, to replace ‘‘human capital’’ and integrate its use throughout the operations, policies, and programs of the Department 

of Homeland Security. 

SEC. 511. HOMELAND SECURITY EDUCATION PROGRAM ENHANCEMENTS. 

Section 845(b) of the Homeland Security Act of 2002 (6 U.S.C. 415(b)) is amended 

to read as follows: 

‘‘(b) LEVERAGING OF EXISTING RESOURCES.—To maximize efficiency and effectiveness in carrying out the Program, the Administrator shall use curricula modeled on 

existing Department-reviewed Master’s Degree curricula in homeland security, including curricula pending accreditation, together with associated learning materials, 

quality assessment tools, digital libraries, asynchronous distance learning, video 

conferencing, exercise systems, and other educational facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the 

Emergency Management Institute. The Administrator may develop additional educational programs, as appropriate.’’. 

SEC. 512. REPEAL OF CHAPTER 97 OF TITLE 5, UNITED STATES CODE. 

(a) REPEAL.—

(1) IN GENERAL.—Effective as of the date specified in section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, United 

States Code (as added by section 841(a)(2) of such Act), section 841(b)(3) of such 

Act, and subsections (c) and (e) of section 842 of such Act are repealed. 

(2) REGULATIONS.—Any regulations prescribed under authority of chapter 97 

of title 5, United States Code, are void ab initio. 

(b) CLERICAL AMENDMENT.—The table of chapters for part III of title 5, United 

States Code, is amended by striking the item relating to chapter 97. 

SEC. 513. UTILIZATION OF NON-LAW ENFORCEMENT FEDERAL EMPLOYEES AS INSTRUCTORS 

FOR NON-LAW ENFORCEMENT CLASSES AT THE BORDER PATROL TRAINING ACADEMY. 

The Director of the Federal Law Enforcement Training Center (FLETC) of the Department of Homeland Security, in consultation with the Chief of the Border Patrol, 

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is authorized to select appropriate employees of the Federal Government other than 

law enforcement officers (as defined in section 8401(17) of title 5, United States 

Code) to serve as instructors of non-law enforcement classes. 

TITLE VI—BIOPREPAREDNESS 

IMPROVEMENTS 

SEC. 601. CHIEF MEDICAL OFFICER AND OFFICE OF HEALTH AFFAIRS. 

Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is amended to 

read as follows: 

‘‘SEC. 516. CHIEF MEDICAL OFFICER. 

‘‘(a) IN GENERAL.—There is in the Department a Chief Medical Officer, who shall 

be appointed by the President, by and with the advice and consent of the Senate, 

and shall have the rank and title of Assistant Secretary for Health Affairs and Chief 

Medical Officer (in this section referred to as the ‘Chief Medical Officer’). 

‘‘(b) OFFICE OF HEALTH AFFAIRS.—There is in the Department an Office of Health 

Affairs, which shall be headed by the Chief Medical Officer. 

‘‘(c) QUALIFICATIONS.—The individual appointed as the Chief Medical Officer shall 

possess a demonstrated ability in and knowledge of medicine, public health, and the 

treatment of illnesses caused by chemical, biological, nuclear, and radiological 

agents. 

‘‘(d) RESPONSIBILITIES.—The Chief Medical Officer shall have the primary responsibility within the Department for medical and health issues related to the general 

roles, responsibilities, and operations of the Department, and terrorist attacks, 

major disasters, and other emergencies, including—

‘‘(1) serving as the principal advisor to the Secretary and leading the Department’s medical care, public health, food, water, veterinary care, and agro- security and defense responsibilities; 

‘‘(2) providing oversight for all medically-related actions and protocols of the 

Department’s medical personnel; 

‘‘(3) administering the Department’s responsibilities for medical readiness, including—

‘‘(A) planning and guidance to support improvements in local training, 

equipment, and exercises funded by the Department; and 

‘‘(B) consistent with the National Response Plan established pursuant to 

Homeland Security Presidential Directive 8, assisting in fulfilling the Department’s roles in related emergency support functions; 

‘‘(4) serving as the Department’s primary point of contact with the Department of Agriculture, the Department of Defense, the Department of Health and 

Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments and agencies, on all matters of 

medical and public health to ensure coordination consistent with the National 

Response Plan; 

‘‘(5) serving as the Department’s primary point of contact for State, local, tribal, and territorial governments, the medical community, and the private sector, 

to ensure that medical readiness and response activities are coordinated and 

consistent with the National Response Plan and the Secretary’s incident management requirements; 

‘‘(6) managing the Department’s biodefense and biosurveillance activities including the National Biosurveillance Integration System, and the Departments 

responsibilities under Project BioShield in coordination with the Under Secretary of Science and Technology as appropriate; 

‘‘(7) assuring that the Department’s workforce has science-based policy, standards, requirements, and metrics for occupational safety and health; 

‘‘(8) supporting the operational requirements of the Department’s components 

with respect to protective medicine and tactical medical support; 

‘‘(9) developing, in coordination with appropriate Department entities and 

other appropriate Federal agencies, end-to-end plans for prevention, readiness, 

protection, response, and recovery from catastrophic events with human, animal, agricultural, or environmental health consequences; 

‘‘(10) integrating into the end-to-end plans developed under paragraph (9), Department of Health and Human Services’ efforts to identify and deploy medical 

assets (including human, fixed, and material assets) used in preparation for or 

response to national disasters and catastrophes, and to enable access to patient 

electronic medical records by medical personnel to aid treatment of displaced 

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ments are combined for maximum effectiveness during an emergency consistent 

with the National Response Plan and applicable emergency support functions; 

‘‘(11) performing other duties relating to such responsibilities as the Secretary 

may require; and 

‘‘(12) directing and maintaining a coordinated system for medical support of 

the Department’s operational activities.’’. 

SEC. 602. IMPROVING THE MATERIAL THREATS PROCESS. 

(a) IN GENERAL.—Section 319F–2(c)(2)(A) of the Public Health Service Act (42 

U.S.C. 247d–6b(c)(2)(A)) is amended—

(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; 

(2) by moving each of such subclauses two ems to the right; 

(3) by striking ‘‘(A) MATERIAL THREAT.—The Homeland Security Secretary’’

and inserting the following: 

‘‘(A) MATERIAL THREAT.—

‘‘(i) IN GENERAL.—The Secretary of Homeland Security’’; and 

(4) by adding at the end the following clauses: 

‘‘(ii) USE OF EXISTING RISK ASSESSMENTS.—For the purpose of satisfying the requirements of clause (i) as expeditiously as possible, the 

Secretary of Homeland Security shall, as practicable, utilize existing 

risk assessments that the Secretary of Homeland Security, in consultation with the Secretaries of Health and Human Services, Defense, and 

Agriculture, and the heads of other appropriate Federal agencies, considers credible. 

‘‘(iii) ORDER OF ASSESSMENTS.—

‘‘(I) GROUPINGS TO FACILITATE ASSESSMENT OF COUNTERMEASURES.—In conducting threat assessments and determinations 

under clause (i) of chemical, biological, radiological, and nuclear 

agents, the Secretary of Homeland Security shall, to the extent 

practicable and appropriate, consider the completion of such assessments and determinations for groups of agents toward the goal 

of facilitating the assessment of countermeasures under paragraph 

(3) by the Secretary of Health and Human Services. 

‘‘(II) CATEGORIES OF COUNTERMEASURES.—The grouping of agents 

under subclause (I) by the Secretary of Homeland Security shall be 

designed to facilitate assessments under paragraph (3) by the Secretary of Health and Human Services regarding the following two 

categories of countermeasures: 

‘‘(aa) Countermeasures that may address more than one 

agent identified under clause (i)(II). 

‘‘(bb) Countermeasures that may address adverse health consequences that are common to exposure to different agents. 

‘‘(III) RULE OF CONSTRUCTION.—A particular grouping of agents 

pursuant to subclause (II) is not required under such subclause to 

facilitate assessments of both categories of countermeasures described in such subclause. A grouping may concern one category 

and not the other. 

‘‘(iv) DEADLINE FOR COMPLETION OF CERTAIN MATERIAL THREAT DETERMINATIONS.—With respect to chemical, biological, radiological, and 

nuclear agents known to the Secretary of Homeland Security as of the 

day before the date of the enactment of this clause, and which such 

Secretary considers to be capable of significantly affecting national security, such Secretary shall complete the determinations under clause 

(i)(II) not later than December 31, 2007. 

‘‘(v) REPORT TO CONGRESS.—Not later than 30 days after the date on 

which the Secretary of Homeland Security completes a material threat 

assessment under clause (i), the Secretary shall submit to Congress a 

report containing the results of such assessment. 

‘‘(vi) DEFINITION.—For purposes of this subparagraph, the term ‘risk 

assessment’ means a scientific, technically-based analysis of agents 

that incorporates threat, vulnerability, and consequence information.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 521(d) of the Homeland Security 

Act of 2002 (6 U.S.C. 321j(d)) is amended—

(1) in paragraph (1), by striking ‘‘2006,’’ and inserting ‘‘2009,’’; and 

(2) by adding at the end the following: 

‘‘(3) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS REGARDING CERTAIN

THREAT ASSESSMENTS.—For the purpose of providing an additional amount to 

the Secretary to assist the Secretary in meeting the requirements of clause (iv) 

of section 319F–2(c)(2)(A) of the Public Health Service Act (relating to time 

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frames), there are authorized to be appropriated such sums as may be necessary 

for fiscal year 2008, in addition to the authorization of appropriations established in paragraph (1). The purposes for which such additional amount may 

be expended include conducting risk assessments regarding clause (i)(II) of such 

section when there are no existing risk assessments that the Secretary considers credible.’’. 

SEC. 603. STUDY ON NATIONAL BIODEFENSE TRAINING. 

(a) STUDY REQUIRED.—The Secretary of Homeland Security shall, in consultation 

with the Secretary of Defense and the Secretary for Health and Human Services, 

conduct a joint study to determine the staffing and training requirements for pending capital programs to construct biodefense laboratories (including agriculture and 

animal laboratories) at Biosafety Level 3 and Biosafety Level 4 or to expand current 

biodefense laboratories to such biosafety levels. 

(b) ELEMENTS.—In conducting the study, the Secretaries shall address the following: 

(1) The number of trained personnel, by discipline and qualification level, required for existing biodefense laboratories at Biosafety Level 3 and Biosafety 

Level 4, including the number trained in Good Laboratory Practices (GLP). 

(2) The number of research and support staff, including researchers, laboratory technicians, animal handlers, facility managers, facility or equipment 

maintainers, safety and security personnel (including biosafety, physical security, and cybersecurity personnel), and other safety personnel required to manage biodefense research efforts to combat bioterrorism at the planned biodefense 

laboratories described in subsection (a). 

(3) The training required to provide the personnel described by paragraphs 

(1) and (2), including the type of training (whether classroom, laboratory, or 

field training) required, the length of training required by discipline, and the 

curriculum required to be developed for such training. 

(4) Training schedules necessary to meet the scheduled openings of the biodefense laboratories described in subsection (a), including schedules for refresher training and continuing education that may be necessary for that purpose. 

(c) REPORT.—Not later than December 31, 2007, the Secretaries shall submit to 

Congress a report setting forth the results of the study conducted under this section. 

SEC. 604. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 

et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a National Biosurveillance 

Integration Center (referred to in this section as the ‘NBIC’) to enhance the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data related to human health, animals, 

plants, food, and the environment. The NBIC shall be headed by a Director. 

‘‘(b) INTEGRATED BIOSURVEILLANCE NETWORK.—As part of the NBIC, the Director 

shall develop, operate, and maintain an integrated network to detect, as early as 

possible, a biological event that presents a risk to the United States or the infrastructure or key assets of the United States. The network shall—

‘‘(1) consolidate data from all relevant surveillance systems maintained by the 

Department and other governmental and private sources, both foreign and domestic, to the extent practicable; and 

‘‘(2) use an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events in 

as close to real-time as possible. 

‘‘(c) RESPONSIBILITIES.—

‘‘(1) IN GENERAL.—The Director shall—

‘‘(A) monitor on an ongoing basis the availability and appropriateness of 

candidate data feeds and solicit new surveillance systems with data that 

would enhance biological situational awareness or overall performance of 

the NBIC; 

‘‘(B) review and seek to improve on an ongoing basis the statistical and 

other analytical methods used by the NBIC; 

‘‘(C) establish a procedure to enable Federal, State and local government, 

and private sector entities to report suspicious events that could warrant 

further assessments by the NBIC; 

‘‘(D) receive and consider all relevant homeland security information; and 

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‘‘(E) provide technical assistance, as appropriate, to all Federal, State, 

and local government entities and private sector entities that contribute 

data relevant to the operation of the NBIC. ‘‘(2) ASSESSMENTS.—The Director shall— ‘‘(A) continuously evaluate available data for evidence of a biological 

event; and ‘‘(B) integrate homeland security information with NBIC data to provide 

overall biological situational awareness and determine whether a biological 

event has occurred. ‘‘(3) INFORMATION SHARING.—The Director shall— ‘‘(A) establish a mechanism for real-time communication with the National Operations Center; ‘‘(B) provide integrated information to the heads of the departments and 

agencies with which the Director has entered into an agreement under subsection (d); ‘‘(C) notify the Secretary, the head of the National Operations Center, 

and the heads of appropriate Federal, State, tribal, and local entities of any 

significant biological event identified by the NBIC; ‘‘(D) provide reports on NBIC assessments to Federal, State, and local 

government entities, including departments and agencies with which the 

Director has entered into an agreement under subsection (d), and any private sector entities, as considered appropriate by the Director; and 

‘‘(E) use information sharing networks available to the Department for 

distributing NBIC incident or situational awareness reports. 

‘‘(d) INTERAGENCY AGREEMENTS.—

‘‘(1) IN GENERAL.—The Secretary shall, where feasible, enter into agreements 

with the heads of appropriate Federal departments and agencies, including the 

Department of Health and Human Services, Department of Defense, the Department of Agriculture, the Department of State, the Department of Interior, 

and the Intelligence Community. 

‘‘(2) CONTENT OF AGREEMENTS.—Under an agreement entered into under 

paragraph (1), the head of a Federal department or agency shall agree to—

‘‘(A) use the best efforts of the department or agency to integrate biosurveillance information capabilities through NBIC; 

‘‘(B) provide timely, evaluated information to assist the NBIC in maintaining biological situational awareness for timely and accurate detection 

and response purposes; 

‘‘(C) provide connectivity for the biosurveillance data systems of the department or agency to the NBIC network under mutually agreed protocols; 

‘‘(D) detail, if practicable, to the NBIC department or agency personnel 

with relevant expertise in human, animal, plant, food, or environmental 

disease analysis and interpretation; 

‘‘(E) retain responsibility for the surveillance and intelligence systems of 

that department or agency, if applicable; and 

‘‘(F) participate in forming the strategy and policy for the operation and 

information sharing practices of the NBIC. 

‘‘(e) NOTIFICATION OF DIRECTOR.—The Secretary shall ensure that the Director is 

notified of homeland security information relating to any significant biological 

threat and receives all classified and unclassified reports related to such a threat 

in a timely manner. 

‘‘(f) ADMINISTRATIVE AUTHORITIES.—

‘‘(1) PRIVACY.—The Secretary shall—

‘‘(A) designate the NBIC as a public health authority; 

‘‘(B) ensure that the NBIC complies with any applicable requirements of 

the Health Insurance Portability and Accountability Act of 1996; and 

‘‘(C) ensure that all applicable privacy regulations are strictly adhered to 

in the operation of the NBIC and the sharing of any information related 

to the NBIC. 

‘‘(2) COLLECTION OF INFORMATION.—The NBIC, as a public health authority 

with a public health mission, is authorized to collect or receive health information, including such information protected under the Health Insurance Portability and Accountability Act of 1996, for the purpose of preventing or controlling disease, injury, or disability. 

‘‘(g) NBIC INTERAGENCY WORKING GROUP.—The Director shall—

‘‘(1) establish an interagency working group to facilitate interagency cooperation to advise the Director on recommendations to enhance the biosurveillance 

capabilities of the Department; and 

‘‘(2) invite officials of Federal agencies that conduct biosurveillance programs, 

including officials of the departments and agencies with which the Secretary 

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has entered into an agreement under subsection (d), to participate in the working group. ‘‘(h) ANNUAL REPORT REQUIRED.—Not later than December 31 of each year, the 

Secretary shall submit to Congress a report that contains each of the following: ‘‘(1) A list of departments, agencies, and private or nonprofit entities participating in the NBIC and a description of the data that each entity has contributed to the NBIC during the preceding fiscal year. ‘‘(2) The schedule for obtaining access to any relevant biosurveillance information not received by the NBIC as of the date on which the report is submitted. ‘‘(3) A list of Federal, State, and local government entities and private sector 

entities that have direct or indirect access to the information that is integrated 

by the NBIC. ‘‘(4) For any year before the NBIC is fully implemented or any year in which 

any major structural or institutional change is made to the NBIC, an implementation plan for the NBIC that includes cost, schedule, key milestones, and the 

status of such milestones. ‘‘(i) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.—The authority of the 

Secretary under this section shall not affect an authority or responsibility of any 

other Federal department or agency with respect to biosurveillance activities under 

any program administered by that department or agency. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for each fiscal year. 

‘‘(k) BIOLOGICAL EVENT.—For purposes of this section, the term ‘biological event’

means—

‘‘(1) an act of terrorism involving biological agents or toxins of known or unknown origin; or 

‘‘(2) a naturally occurring outbreak of an infectious disease that may be of potential national significance.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the items relating to such title the following: 

‘‘Sec. 316. National Biosurveillance Integration Center.’’. 

(c) DEADLINE FOR IMPLEMENTATION.—The National Biosurveillance Integration 

Center required under section 316 of the Homeland Security Act of 2002, as added 

by subsection (a), shall be fully operational by not later than September 30, 2008. 

SEC. 605. RISK ANALYSIS PROCESS AND INTEGRATED CBRN RISK ASSESSMENT. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 

et seq.) is further amended by adding at the end the following: 

‘‘SEC. 317. RISK ANALYSIS PROCESS AND INTEGRATED CBRN RISK ASSESSMENT. 

‘‘(a) RISK ANALYSIS PROCESS.—The Secretary shall develop a risk analysis process 

that utilizes a scientific, quantitative methodology to assess and manage risks posed 

by chemical, biological, radiological, and nuclear (CBRN) agents. 

‘‘(b) INTEGRATED CBRN RISK ASSESSMENT.—The Secretary shall use the process 

developed under subsection (a) to conduct a risk assessment that shall support the 

integration of chemical, biological, radiological, and nuclear agents. 

‘‘(c) PURPOSE.—The purpose of the risk analysis process developed under subsection (a) and the integrated risk assessment conducted under subsection (b) shall 

be to identify high risk agents, determine how best to mitigate those risks, and 

guide resource allocation. Such risk analysis shall—

‘‘(1) facilitate satisfaction of the requirements of section 602; 

‘‘(2) guide research, development, acquisition, and deployment of applicable 

countermeasures, including detection systems; 

‘‘(3) identify key knowledge gaps or vulnerabilities in the CBRN defense posture of the Department; 

‘‘(4) enable rebalancing and refining of investments within individual classes 

of threat agents as well as across such classes; and 

‘‘(5) support end-to-end assessments of the overall CBRN defense policy of the 

Department, taking into account the full spectrum of countermeasures available, including prevention, preparedness, planning, response and recovery activities, to better steer investments to strategies with the greatest potential for 

mitigating identified risks. 

‘‘(d) RISK INFORMATION.—

‘‘(1) CLASSES OF THREAT AGENTS.—In developing the risk analysis process 

under subsection (a) and conducting the risk assessment under subsection (b), 

the Secretary shall consider risks posed by the following classes of threats: 

‘‘(A) Chemical threats, including—

‘‘(i) toxic industrial materials and chemicals; 

‘‘(ii) traditional chemical warfare agents; and 

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‘‘(iii) non-traditional agents, which are defined as novel chemical 

threat agents or toxicants requiring adapted countermeasures. 

‘‘(B) Biological threats, including—

‘‘(i) traditional agents listed by the Centers of Disease Control and 

Prevention as Category A, B, and C pathogens and toxins; 

‘‘(ii) enhanced agents, which are defined as traditional agents that 

have been modified or selected to enhance their ability to harm human 

populations or circumvent current countermeasures; 

‘‘(iii) emerging agents, which are defined as previously unrecognized 

pathogens that may be naturally occurring and present a serious risk 

to human populations; and 

‘‘(iv) advanced or engineered agents, which are defined as novel 

pathogens or other materials of biological nature that have been artificially engineered in the laboratory to bypass traditional countermeasures or produce a more severe or otherwise enhanced spectrum of 

disease. 

‘‘(C) Nuclear and radiological threats, including fissile and other radiological material that could be incorporated into an improvised nuclear device or a radiological dispersal device or released into a wide geographic 

area by damage to a nuclear reactor. 

‘‘(D) Threats to the agriculture sector and food and water supplies. 

‘‘(E) Other threat agents the Secretary determines appropriate. 

‘‘(2) SOURCES.—The risk analysis process developed under subsection (a) shall 

be informed by findings of the intelligence and law enforcement communities 

and integrated with expert input from the scientific, medical, and public health 

communities, including from relevant components of the Department and other 

Federal agencies. 

‘‘(3) DATA QUALITY, SPECIFICITY, AND CONFIDENCE.—In developing the risk 

analysis process under subsection (a), the Secretary shall consider the degree 

of uncertainty and variability in the available scientific information and other 

information about the classes of threat agents under paragraph (1). An external 

review shall be conducted to assess the ability of the risk analysis process developed by the Secretary to address areas of large degrees of uncertainty. 

‘‘(4) NEW INFORMATION.—The Secretary shall frequently and systematically 

update the risk assessment conducted under subsection (b), as needed, to incorporate emerging intelligence information or technological changes in order to 

keep pace with evolving threats and rapid scientific advances. 

‘‘(e) METHODOLOGY.—The risk analysis process developed by the Secretary under 

subsection (a) shall—

‘‘(1) consider, as variables—

‘‘(A) threat, or the likelihood that a type of attack that might be attempted; 

‘‘(B) vulnerability, or the likelihood that an attacker would succeed; and 

‘‘(C) consequence, or the likely impact of an attack; 

‘‘(2) evaluate the consequence component of risk as it relates to mortality, 

morbidity, and economic effects; 

‘‘(3) allow for changes in assumptions to evaluate a full range of factors, including technological, economic, and social trends, which may alter the future 

security environment; 

‘‘(4) contain a well-designed sensitivity analysis to address high degrees of uncertainty associated with the risk analyses of certain CBRN agents; 

‘‘(5) utilize red teaming analysis to identify vulnerabilities an adversary may 

discover and exploit in technology, training, and operational procedures and to 

identify open-source information that could be used by those attempting to defeat the countermeasures; and 

‘‘(6) incorporate an interactive interface that makes results and limitations 

transparent and useful to decision makers for identifying appropriate risk management activities. 

‘‘(f) COORDINATION.—The Secretary shall ensure that all risk analysis activities 

with respect to radiological or nuclear materials shall be conducted in coordination 

with the Domestic Nuclear Detection Office. 

‘‘(g) TIMEFRAME; REPORTS TO CONGRESS.—

‘‘(1) INITIAL REPORT.—By not later than June 2008, the Secretary shall complete the first formal, integrated, CBRN risk assessment required under subsection (b) and shall submit to Congress a report summarizing the findings of 

such assessment and identifying improvements that could be made to enhance 

the transparency and usability of the risk analysis process developed under subsection (a). 

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‘‘(2) UPDATES TO REPORT.—The Secretary shall submit to Congress updates to 

the findings and report in paragraph (1), when appropriate, but by not later 

than two years after the date on which the initial report is submitted. Such updates shall reflect improvements in the risk analysis process developed under 

subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the items relating to such title the following: 

‘‘Sec. 317. Risk analysis process and integrated CBRN risk assessment.’’. 

SEC. 606. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6. U.S.C. 181 

et seq.) is further amended by adding at the end the following new section: 

‘‘SEC. 318. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 

‘‘(a) ESTABLISHMENT.—There is in the Department a National Bio and Agro-defense Facility (referred to in this section as the ‘NBAF’), which shall be headed by 

a Director who shall be appointed by the Secretary. 

‘‘(b) PURPOSES.—

‘‘(1) IN GENERAL.—The NBAF shall be an integrated human, foreign-animal, 

and zoonotic disease research, development, testing, and evaluation facility with 

the purpose of supporting the complementary missions of the Department, the 

Department of Agriculture, and the Department of Health and Human Services 

in defending against the threat of potential acts of agroterrorism and naturaloccurring incidents related to agriculture with the potential to adversely impact 

public health, animal health, and the economy, or may otherwise impact homeland security. 

‘‘(2) KNOWLEDGE PRODUCTION AND SHARING.—The NBAF shall produce and 

share knowledge and technology for the purpose of reducing economic losses 

caused by foreign-animal, zoonotic, and, as appropriate, other endemic animal 

diseases of livestock and poultry, and preventing human suffering and death 

caused by diseases existing or emerging in the agricultural sector. 

‘‘(c) RESPONSIBILITIES OF DIRECTOR.—The Secretary shall vest in the Director primary responsibility for each of the following: 

‘‘(1) Directing basic, applied, and advanced research, development, testing, 

and evaluation relating to foreign-animal, zoonotic, and, as appropriate, other 

endemic animal diseases, including foot and mouth disease, and performing related activities, including—

‘‘(A) developing countermeasures for foreign-animal, zoonotic, and, as appropriate, other endemic animal diseases, including diagnostics, vaccines 

and therapeutics; 

‘‘(B) providing advanced test and evaluation capability for threat detection, vulnerability, and countermeasure assessment for foreign-animal, 

zoonotic, and, as appropriate, other endemic animal diseases; 

‘‘(C) conducting nonclinical, animal model testing and evaluation under 

the Food and Drug Administration’s Animal Rule as defined in parts 314 

and 601 of title 22, Code of Federal Regulations, to support the development of human medical countermeasures by the Department of Human 

Services under the Public Health Service Act (42 U.S.C. 201 et seq); 

‘‘(D) establishing NBAF information-sharing mechanisms to share information with relevant stakeholders, including the National Animal Health 

Laboratory Network; and 

‘‘(E) identifying and promoting uniform national standards for animal disease diagnostics. 

‘‘(2) Facilitating the coordination of Federal, State, and local governmental research and development efforts and resources relating to protecting public 

health and animal health from foreign-animal, zoonotic, and, as appropriate, 

other endemic animal diseases. 

‘‘(3) Ensuring public safety during an emergency by developing an emergency 

response plan under which emergency response providers in the community are 

sufficiently prepared or trained to respond effectively and given sufficient notice 

to allow for an effective response. 

‘‘(4) Ensuring NBAF site and facility security. 

‘‘(5) Providing training to develop skilled research and technical staff with the 

needed expertise in operations conducted at biological and agricultural research 

facilities. 

‘‘(6) Leveraging the expertise of academic institutions, industry, the Department of Energy National Laboratories, State and local governmental resources, 

and professional organizations involved in veterinary, medical and public 

health, and agriculture issues to carry out functions describes in (1) and (2). 

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‘‘(d) REQUIREMENTS.—The Secretary, in designing and constructing the NBAF, 

shall ensure that the facility meets the following requirements: 

‘‘(1) The NBAF shall consist of state-of-the-art biocontainment laboratories capable of performing research and activities at Biosafety Level 3 and 4, as designated by the Centers for Disease Control and Prevention and the National Institutes of Health. 

‘‘(2) The NBAF facility shall be located on a site of at least 30 acres that can 

be readily secured by physical measure. 

‘‘(3) The NBAF facility shall be at least 500,000 square feet with a capacity 

of housing a minimum of 80 large animals for research, testing and evaluation; 

‘‘(4) The NBAF shall be located at a site with a preexisting utility infrastructure, or a utility infrastructure that can be easily built. 

‘‘(5) The NBAF shall be located at a site that has been subject to an Environmental Impact Statement under the National Environmental Policy Act of 1969. 

‘‘(6) The NBAF shall be located within a reasonable proximity to a national 

or regional airport and to major roadways. 

‘‘(e) AUTHORIZATION TO PROCURE REAL PROPERTY AND ACCEPT IN KIND DONATIONS

FOR THE NBAF SITE.—The Secretary may accept and use donations of real property 

for the NBAF site and may accept and use in-kind donations of real property, personal property, laboratory and office space, utility services, and infrastructure upgrades for the purpose of assisting the Director in carrying out the responsibilities 

of the Director under this section. 

‘‘(f) APPLICABILITY OF OTHER LAWS.—

‘‘(1) PUBLIC BUILDINGS ACT.—The NBAF shall not be considered a ‘‘public 

building’’ for purposes of the Public Buildings Act of 1959 (40 U.S.C. 3301 et 

seq.). 

‘‘(2) LIVE VIRUS OF FOOT AND MOUTH DISEASE RESEARCH.—The Secretary shall 

enable the study of live virus of foot and mouth disease at the NBAF, wherever 

it is sited, notwithstanding section 113a of title 21, United States Code. 

‘‘(g) COORDINATION.—

‘‘(1) INTERAGENCY AGREEMENTS.—

‘‘(A) IN GENERAL.—The Secretary shall enter into understandings or 

agreements with the heads of appropriate Federal departments and agencies, including the Secretary of Agriculture and the Secretary of Health and 

Human Services, to define the respective roles and responsibilities of each 

Department in carrying out foreign-animal, zoonotic, and other endemic 

animal disease research and development at the NBAF to protect public 

health and animal health. 

‘‘(B) DEPARTMENT OF AGRICULTURE.—The understanding or agreement entered into with the Secretary of Agriculture shall include a provision describing research programs and functions of the Department of Agriculture 

and the Department of Homeland Security, including those research programs and functions carried out at the Plum Island Animal Disease Center 

and those research programs and functions that will be transferred to the 

NBAF. 

‘‘(C) DEPARTMENT OF HEALTH AND HUMAN SERVICES.—The understanding 

or agreement entered into with the Department of Health and Human 

Services shall describe research programs of the Department of Health and 

Human Services that may relate to work conducted at NBAF. 

‘‘(2) COOPERATIVE RELATIONSHIPS.—The Director shall form cooperative relationships with the National Animal Health Laboratory Network and American 

Association of Veterinary Laboratory Diagnosticians to connect with the network of Federal and State resources intended to enable an integrated, rapid, 

and sufficient response to animal health emergencies.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

further amended by adding at the end of the items relating to such title the following: 

‘‘Sec. 318. National Bio and Agro-defense Facility.’’. 

TITLE VII—HOMELAND SECURITY 

CYBERSECURITY IMPROVEMENTS 

SEC. 701. CYBERSECURITY AND COMMUNICATIONS. 

(a) IN GENERAL.—Subtitle C of title II of the Homeland Security Act of 2002 (6 

U.S.C. 141 et seq.) is amended by adding at the end the following new section: 

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‘‘SEC. 226. OFFICE OF CYBERSECURITY AND COMMUNICATIONS. 

‘‘(a) IN GENERAL.—There shall be within the Department of Homeland Security 

an Office of Cybersecurity and Communications, which shall be headed by the Assistant Secretary for Cybersecurity and Communications. 

‘‘(b) DUTY OF THE ASSISTANT SECRETARY.—The Assistant Secretary shall assist the 

Secretary in carrying out the responsibilities of the Department regarding 

cybersecurity and communications. 

‘‘(c) RESPONSIBILITIES.—The Assistant Secretary shall be responsible for overseeing preparation, situational awareness, response, reconstitution, and mitigation 

necessary for cybersecurity and to protect communications from terrorist attacks, 

major disasters, and other emergencies, including large-scale disruptions, and shall 

conduct the following activities to execute those responsibilities: 

‘‘(1) PREPARATION AND SITUATIONAL AWARENESS.—

‘‘(A) Establish and maintain a capability within the Department to monitor critical information infrastructure to aid in detection of vulnerabilities 

and warning of potential acts of terrorism and other attacks. 

‘‘(B) Conduct risk assessments on critical information infrastructure with 

respect to acts of terrorism and other large-scale disruptions, identify and 

prioritize vulnerabilities in critical information infrastructure, and coordinate the mitigation of such vulnerabilities. 

‘‘(C) Develop a plan for the continuation of critical information operations 

in the event of a cyber attack or other large-scale disruption of the information infrastructure of the United States. 

‘‘(D) Oversee an emergency communications system in the event of an act 

of terrorism or other large-scale disruption of the information infrastructure 

of the United States. 

‘‘(2) RESPONSE AND RECONSTITUTION.—

‘‘(A) Define what qualifies as a cyber incident of national significance for 

purposes of the National Response Plan. 

‘‘(B) Ensure that the Department’s priorities, procedures, and resources 

are in place to reconstitute critical information infrastructures in the event 

of an act of terrorism or other large-scale disruption. 

‘‘(3) MITIGATION.—

‘‘(A) Develop a national cybersecurity awareness, training, and education 

program that promotes cybersecurity awareness within the Federal Government and throughout the Nation. 

‘‘(B) Consult and coordinate with the Under Secretary for Science and 

Technology on cybersecurity research and development to strengthen critical information infrastructure against acts of terrorism and other largescale disruptions. 

‘‘(d) DEFINITION.—In this section the term ‘critical information infrastructure’

means systems and assets, whether physical or virtual, used in processing, transferring, and storing information so vital to the United States that the incapacity or 

destruction of such systems and assets would have a debilitating impact on security, 

national economic security, national public health or safety, or any combination of 

those matters.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting at the end of the items relating to subtitle C of title II the 

following: 

‘‘Sec. 226. Office of Cybersecurity and Communications.’’. 

SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

(a) IN GENERAL.—The Under Secretary for Science and Technology shall support 

research, development, testing, evaluation, and transition of cybersecurity technology, including fundamental, long-term research to improve the ability of the 

United States to prevent, protect against, detect, respond to, and recover from acts 

of terrorism and cyber attacks, with emphasis on research and development relevant 

to large-scale, high-impact attacks. 

(b) ACTIVITIES.—The research and development supported under subsection (a) 

shall include work to—

(1) advance the development and accelerate the deployment of more secure 

versions of fundamental Internet protocols and architectures, including for the 

domain name system and routing protocols; 

(2) improve and create technologies for detecting attacks or intrusions, including monitoring technologies; 

(3) improve and create mitigation and recovery methodologies, including techniques for containment of attacks and development of resilient networks and 

systems that degrade gracefully; 

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(4) develop and support infrastructure and tools to support cybersecurity research and development efforts, including modeling, testbeds, and data sets for 

assessment of new cybersecurity technologies; 

(5) assist the development and support of technologies to reduce 

vulnerabilities in process control systems (PCS); and 

(6) test, evaluate, and facilitate the transfer of technologies associated with 

the engineering of less vulnerable software and securing the IT software development lifecycle. 

(c) COORDINATION.—In carrying out this section, the Under Secretary for Science 

and Technology shall coordinate activities with—

(1) the Assistant Secretary for Cybersecurity and Communications; and 

(2) other Federal agencies, including the National Science Foundation, the 

Defense Advanced Research Projects Agency, the Information Assurance Directorate of the National Security Agency, the National Institute of Standards and 

Technology, and other appropriate working groups established by the President 

to identify unmet needs and cooperatively support activities, as appropriate. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Of the amount authorized by section 

101, there is authorized to be appropriated for the Department of Homeland Security for fiscal year 2008, $50,000,000, for the cybersecurity research and development activities of the Directorate for Science and Technology to prevent, detect, and 

respond to acts of terrorism and other large-scale disruptions to information infrastructure. 

TITLE VIII—SCIENCE AND TECHNOLOGY 

IMPROVEMENTS 

SEC. 801. REPORT TO CONGRESS ON STRATEGIC PLAN. 

Not later than 120 days after the date of enactment of this Act, the Under Secretary for Science and Technology shall transmit to Congress the strategic plan described in section 302(2) of the Homeland Security Act of 2002 (6 U.S.C. 182(2)). In 

addition to the requirements described in that section 302(2), the strategic plan 

transmitted under this section shall include—

(1) a strategy to enhance the Directorate for Science and Technology workforce, including education and training programs, improving morale, minimizing 

turnover, strengthening workforce recruitment, and securing institutional 

knowledge; 

(2) the Department policy describing the procedures by which the Directorate 

for Science and Technology hires and administers assignments to individuals 

assigned to the Department as detailees under an arrangement described in 

subchapter VI of chapter 33 of title 5, United States Code; 

(3) the Department policy governing the responsibilities of the Under Secretary for Science and Technology, the Under Secretary for Policy, and the 

Under Secretary for Management, and the operational components of the Department regarding research, development, testing, evaluation, and procurement of homeland security technologies; 

(4) a description of the methodology by which research, development, testing, 

and evaluation is prioritized and funded by the Directorate for Science and 

Technology; 

(5) a description of the performance measurements to be used or a plan to 

develop performance measurements that can be used to annually evaluate the 

Directorate for Science and Technology’s activities, mission performance, and 

stewardship of resources; 

(6) a plan for domestic and international coordination of all related programs 

and activities within the Department and throughout Federal agencies, State, 

local, and tribal governments, the emergency responder community, industry, 

and academia; 

(7) a plan for leveraging the expertise of the National Laboratories and the 

process for allocating funding to the National Laboratories; and 

(8) a strategy for the Homeland Security Advanced Research Projects Agency 

that includes—

(A) a mission statement; 

(B) a description of the Department’s high risk and high payoff research, 

development, test, and evaluation strategy; and 

(C) internal policies designed to encourage innovative solutions. 

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SEC. 802. CENTERS OF EXCELLENCE PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Of the amount authorized by section 

101, there is authorized to be appropriated to the Secretary of Homeland Security 

for carrying out the Centers of Excellence Program $31,000,000 for fiscal year 2008 

such that each center that received funding in fiscal year 2007 shall receive, at a 

minimum, the same amount it received in fiscal year 2007. 

(b) MINORITY SERVING INSTITUTIONS PROGRAM.—Of the amount authorized by section 101, there is authorized to be appropriated to the Secretary of Homeland Security for carrying out the Minority Serving Institutions Program $8,000,000 for fiscal 

year 2008. 

(c) CENTERS OF EXCELLENCE PROGRAM PARTICIPATION.—

(1) REQUIREMENT.—If, by the date of the enactment of this Act, the Secretary 

of Homeland Security has not selected a Minority Serving Institution to participate as a Center of Excellence under the Department of Homeland Security 

Centers of Excellence Program, at least one of the next four Centers of Excellence selected after the date of enactment of this Act shall be an otherwise eligible applicant that is a Minority Serving Institution. 

(2) MINORITY SERVING INSTITUTION DEFINED.—In this subsection the term 

‘‘Minority Serving Institution’’ means—

(A) an historically black college or university that receives assistance 

under part B of title III of the Higher Education Act of 1965 (20 U.S.C. 106 

et seq); 

(B) an Hispanic-serving institution (as that term is defined in section 502 

of the Higher Education Act of 1965 (20 U.S.C. 1101a); or 

(C) a tribally controlled college or university (as that term is defined in 

section 2 of the Tribally Controlled College or University Assistance Act of 

1978 (25 U.S.C. 1801)). 

SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNIVERSITY PROGRAMS. 

(a) STUDY.—Not later than 3 months after the date of enactment of this Act, the 

Under Secretary for Science and Technology of the Department of Homeland Security shall seek to enter into an agreement with the National Research Council of 

the National Academy of Sciences to conduct a study to assess the University Programs of the Department, with an emphasis on the Centers of Excellence Program 

and the future plans for these programs, and make recommendations for appropriate improvements. 

(b) SUBJECTS.—The study shall include—

(1) a review of key areas of study needed to support the homeland security 

mission, and criteria that should be utilized to determine those key areas for 

which the Department should maintain or establish Centers of Excellence; 

(2) a review of selection criteria and weighting of such criteria for Centers of 

Excellence; 

(3) an examination of the optimal role of Centers of Excellence in supporting 

the mission of the Directorate of Science and Technology and the most advantageous relationship between the Centers of Excellence and the Directorate and 

the Department components the Directorate serves; 

(4) an examination of the length of time the Centers of Excellence should be 

awarded funding and the frequency of the review cycle in order to maintain 

such funding, particularly given their focus on basic, long term research; 

(5) identification of the most appropriate review criteria and metrics to measure demonstrable progress, and mechanisms for delivering and disseminating 

the research results of established Centers of Excellence within the Department, and to other Federal, State, and local agencies; 

(6) an examination of the means by which academic institutions that are not 

designated or associated with Centers of Excellence can optimally contribute to 

the research mission of the Directorate; 

(7) an assessment of the interrelationship between the different University 

Programs; and 

(8) a review of any other essential elements of the University Programs to be 

determined in the conduct of the study. 

(c) REPORT.—The Under Secretary for Science and Technology shall transmit a report containing the results of the study and recommendations required by subsection (a) and the Under Secretary’s response to the recommendations, to the appropriate Congressional committees not later than 24 months after the date of enactment of this Act. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Of the amount authorized in section 

101, there is authorized to be appropriated to carry out this section $500,000. 

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SEC. 804. STREAMLINING OF SAFETY ACT AND ANTITERRORISM TECHNOLOGY PROCUREMENT PROCESSES. 

(a) PERSONNEL.—The Secretary of Homeland Security shall ensure that, in addition to any personnel engaged in technical evaluations that may be appropriate, a 

sufficient number of full-time equivalent personnel, who are properly trained and 

qualified to apply legal, economic, and risk analyses, are involved in the review and 

prioritization of antiterrorism technologies for the purpose of determining whether 

such technologies may be designated by the Secretary as qualified antiterrorism 

technologies under section 862(b) of the SAFETY Act (6 U.S.C. 441(b)) or certified 

by the Secretary under section 863(d) of such Act (6 U.S.C. 442(d)). 

(b) COORDINATION WITHIN DEPARTMENT OF HOMELAND SECURITY.—The Secretary 

of Homeland Security shall— (1) establish a formal coordination process that includes the official of the Department of Homeland Security with primary responsibility for the implementation of the SAFETY Act, the Chief Procurement Officer of the Department, the 

Under Secretary for Science and Technology, the Under Secretary for Policy, 

and the Department of Homeland Security General Counsel to ensure the maximum application of the litigation and risk management provisions of the 

SAFETY Act to antiterrorism technologies procured by the Department; and 

(2) promote awareness and utilization of the litigation and risk management 

provisions of the SAFETY Act in the procurement of antiterrorism technologies. 

(c) ISSUANCE OF DEPARTMENTAL DIRECTIVE.—The Secretary of Homeland Security 

shall, in accordance with the final rule implementing the SAFETY Act, issue a Departmental management directive providing for coordination between Department 

procurement officials and any other Department official responsible for implementing the SAFETY Act in advance of any Department procurement of an 

antiterrorism technology, as required under subsection (b). 

SEC. 805. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT. 

(a) IN GENERAL.—Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 

et seq.) is further amended by adding at the end the following: 

‘‘SEC. 319. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) DIRECTOR.—The term ‘Director’ means the Director selected under subsection (b)(2). 

‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.—The term ‘international cooperative activity’ includes—

‘‘(A) coordinated research projects, joint research projects, or joint ventures; 

‘‘(B) joint studies or technical demonstrations; 

‘‘(C) coordinated field exercises, scientific seminars, conferences, 

symposia, and workshops; 

‘‘(D) training of scientists and engineers; 

‘‘(E) visits and exchanges of scientists, engineers, or other appropriate 

personnel; 

‘‘(F) exchanges or sharing of scientific and technological information; and 

‘‘(G) joint use of laboratory facilities and equipment. 

‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECURITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.—

‘‘(1) ESTABLISHMENT.—The Under Secretary shall establish the Science and 

Technology Homeland Security International Cooperative Programs Office. 

‘‘(2) DIRECTOR.—The Office shall be headed by a Director, who—

‘‘(A) shall be selected by and shall report to the Under Secretary; and 

‘‘(B) may be an officer of the Department serving in another position. 

‘‘(3) RESPONSIBILITIES.—

‘‘(A) DEVELOPMENT OF MECHANISMS.—The Director shall be responsible 

for developing, in consultation with the Department of State, understandings or agreements that allow and support international cooperative 

activity in support of homeland security research, development, and comparative testing. 

‘‘(B) PRIORITIES.—The Director shall be responsible for developing, in coordination with the Directorate of Science and Technology, the other components of the Department of Homeland Security, and other Federal agencies, 

strategic priorities for international cooperative activity in support of homeland security research, development, and comparative testing. 

‘‘(C) ACTIVITIES.—The Director shall facilitate the planning, development, 

and implementation of international cooperative activity to address the 

strategic priorities developed under subparagraph (B) through mechanisms 

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the Under Secretary considers appropriate, including grants, cooperative 

agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses, federally funded research and development centers, and universities. 

‘‘(D) IDENTIFICATION OF PARTNERS.—The Director shall facilitate the 

matching of United States entities engaged in homeland security research 

with non-United States entities engaged in homeland security research so 

that they may partner in homeland security research activities. 

‘‘(4) COORDINATION.—The Director shall ensure that the activities under this 

subsection are coordinated with those of other relevant research agencies, and 

may run projects jointly with other agencies. 

‘‘(5) CONFERENCES AND WORKSHOPS.—The Director may hold international 

homeland security technology workshops and conferences to improve contact 

among the international community of technology developers and to help establish direction for future technology goals. 

‘‘(c) INTERNATIONAL COOPERATIVE ACTIVITIES.—

‘‘(1) AUTHORIZATION.—The Under Secretary is authorized to carry out international cooperative activities to support the responsibilities specified under 

section 302. 

‘‘(2) MECHANISMS AND EQUITABILITY.—In carrying out this section, the Under 

Secretary may award grants to and enter into cooperative agreements or contracts with United States governmental organizations, businesses (including 

small businesses and small and disadvantaged businesses), federally funded research and development centers, institutions of higher education, and foreign 

public or private entities. The Under Secretary shall ensure that funding and 

resources expended in international cooperative activities will be equitably 

matched by the foreign partner organization through direct funding or funding 

of complementary activities, or through provision of staff, facilities, materials, 

or equipment. 

‘‘(3) LOANS OF EQUIPMENT.—The Under Secretary may make or accept loans 

of equipment for research and development and comparative testing purposes. 

‘‘(4) COOPERATION.—The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies. 

‘‘(5) FOREIGN PARTNERS.—Partners may include Israel, the United Kingdom, 

Canada, Australia, Singapore, and other allies in the global war on terrorism, 

as appropriate. 

‘‘(6) EXOTIC DISEASES.—As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Chief 

Medical Officer, may facilitate the development of information sharing and 

other types of cooperative mechanisms with foreign countries, including nations 

in Africa, to strengthen American preparedness against threats to the Nation’s 

agricultural and public health sectors from exotic diseases. 

‘‘(d) BUDGET ALLOCATION.—There is authorized to be appropriated to the Secretary, to be derived from amounts otherwise authorized for the Directorate of 

Science and Technology, $25,000,000 for each of the fiscal years 2008 through 2011 

for activities under this section. 

‘‘(e) FOREIGN REIMBURSEMENTS.—Whenever the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share 

of the project may be credited to appropriate current appropriations accounts of the 

Directorate of Science and Technology. 

‘‘(f) REPORT TO CONGRESS ON INTERNATIONAL COOPERATIVE ACTIVITIES.—

‘‘(1) INITIAL REPORT.—Not later than 180 days after the date of enactment of 

this section, the Under Secretary, acting through the Director, shall transmit 

to the Congress a report containing—

‘‘(A) a brief description of each partnership formed under subsection 

(b)(4), including the participants, goals, and amount and sources of funding; 

and 

‘‘(B) a list of international cooperative activities underway, including the 

participants, goals, expected duration, and amount and sources of funding, 

including resources provided to support the activities in lieu of direct funding. 

‘‘(2) UPDATES.—At the end of the fiscal year that occurs 5 years after the 

transmittal of the report under subsection (a), and every 5 years thereafter, the 

Under Secretary, acting through the Director, shall transmit to the Congress an 

update of the report required under subsection (a).’’. 

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(b) CLERICAL AMENDMENT.—The table of contents for the Homeland Security Act 

of 2002 is further amended by adding at the end of the items relating to such title 

the following new item: 

‘‘Sec. 319. Promoting antiterrorism through international cooperation program.’’. 

TITLE IX—BORDER SECURITY IMPROVEMENTS 

SEC. 901. US–VISIT. 

(a) IN GENERAL.—Not later than 7 days after the date of the enactment of this 

Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, the comprehensive strategy required 

by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 for 

the biometric entry and exit data system (commonly referred to as the United States 

Visitor and Immigrant Status Indicator Technology program or US–VISIT) established under the section and other laws described in subsection (b) of such section. 

The comprehensive strategy shall include an action plan for full implementation of 

the biometric exit component of US–VISIT, as required under subsection (d) of section 7208 of such Act. 

(b) CONTENTS.—The comprehensive strategy and action plan referred to in subsection (a) shall, at a minimum, include the following: 

(1) An explanation of how US–VISIT will allow law enforcement officials to 

identify individuals who overstay their visas. 

(2) A description of biometric pilot projects, including the schedule for testing, 

locations, cost estimates, resources needed, and performance measures. 

(3) An implementation schedule for deploying future biometric exit capabilities at all air, land, and sea ports of entry. 

(4) The actions the Secretary plans to take to accelerate the full implementation of the biometric exit component of US–VISIT at all air, land, and sea ports 

of entry. 

(c) AIRPORT AND SEAPORT EXIT IMPLEMENTATION.—Not later than December 31, 

2008, the Secretary of Homeland Security shall complete the exit portion of the biometric entry and exit data system referred to in subsection (a) for aliens arriving 

in or departing from the United States at an airport or seaport. 

(d) PROHIBITION ON TRANSFER.—The Secretary of Homeland Security shall not 

transfer to the National Protection and Programs Directorate of the Department of 

Homeland Security the office of the Department that carries out the biometric entry 

and exit data system referred to in subsection (a) until the Secretary submits to the 

committees specified in such subsection the action plan referred to in such subsection for full implementation of the biometric exit component of US-VISIT at all 

ports of entry. 

SEC. 902. SHADOW WOLVES PROGRAM. 

Of the amount authorized by section 101, there is authorized to be appropriated 

$4,100,000 for fiscal year 2008 for the Shadow Wolves program. 

SEC. 903. COST-EFFECTIVE TRAINING FOR BORDER PATROL AGENTS. 

(a) IN GENERAL.—The Secretary of Homeland Security shall take such steps as 

may be necessary to control the costs of hiring, training, and deploying new Border 

Patrol agents, including—

(1) permitting individuals who are in training to become Border Patrol agents 

to waive certain course requirements of such training if such individuals have 

earlier satisfied such requirements in a similar or comparable manner as determined by the Secretary; and 

(2) directing the Office of Inspector General to conduct a review of the costs 

and feasibility of training new Border Patrol agents at Federal training centers, 

including the Federal Law Enforcement Training Center facility in Charleston, 

South Carolina, and the HAMMER facility in Hanford, Washington, and at 

training facilities operated by State and local law enforcement academies, nonprofit entities, and private entities, including institutions in the southwest border region, as well as the use of all of the above to conduct portions of such 

training. 

(b) LIMITATION ON PER-AGENT COST OF TRAINING.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall 

take such steps as may be necessary to ensure that the fiscal year 2008 peragent cost of hiring, training, and deploying each new Border Patrol agent does 

not exceed $150,000. 

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(2) EXCEPTION AND CERTIFICATION.—If the Secretary determines that the peragent cost referred to in paragraph (1) exceeds $150,000, the Secretary shall 

promptly submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a certification explaining why such per-agent cost exceeds 

such amount. 

SEC. 904. STUDENT AND EXCHANGE VISITOR PROGRAM. 

(a) IN GENERAL.—Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) 

is amended—

(1) in subsection (a)—

(A) by redesignating paragraph (5) as paragraph (10); and 

(B) by inserting after paragraph (4) the following: 

‘‘(5) STUDENT AND EXCHANGE VISITOR PROGRAM.—In administering the program under paragraph (4), the Secretary shall—

‘‘(A) prescribe regulations to require an institution or exchange visitor 

program sponsor participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor enrolled at 

the institution or attending the exchange visitor program—

‘‘(i) is an active participant in the program for which the covered student or exchange visitor was issued a visa to enter the United States; 

‘‘(ii) is not unobserved for any period—

‘‘(I) exceeding 30 days during any academic term or program in 

which the covered student or exchange visitor is enrolled; or 

‘‘(II) exceeding 60 days during any period not described in subclause (I); and 

‘‘(iii) is reported to the Department if within 21 days of—

‘‘(I) transferring to another institution or program; or 

‘‘(II) being hospitalized or otherwise incapacitated necessitating a 

prolonged absence from the academic institution or exchange visitor program; and 

‘‘(B) notwithstanding subparagraph (A), require each covered student or 

exchange visitor to be observed at least once every 60 days. 

‘‘(6) ENHANCED ACCESS.—The Secretary shall provide access to the Student 

and Exchange Visitor Information System (hereinafter in this subsection referred to as the ‘SEVIS’), or other equivalent program or system, to appropriate 

employees of an institution or exchange visitor program sponsor participating 

in the Student and Exchange Visitor Program if—

‘‘(A) at least two authorized users are identified at each participating institution or exchange visitor sponsor; 

‘‘(B) at least one additional authorized user is identified at each such institution or sponsor for every 200 covered students or exchange visitors enrolled at the institution or sponsor; and 

‘‘(C) each authorized user is certified by the Secretary as having completed an appropriate training course provided by the Department for the 

program or system. 

‘‘(7) PROGRAM SUPPORT.—The Secretary shall provide appropriate technical 

support options to facilitate use of the program or system described in paragraph (4) by authorized users. 

‘‘(8) UPGRADES TO SEVIS OR EQUIVALENT DATA.—The Secretary shall update 

the program or system described in paragraph (4) to incorporate new data fields 

that include—

‘‘(A) verification that a covered student’s performance meets the minimum academic standards of the institution in which such student is enrolled; and 

‘‘(B) timely entry of academic majors, including changes to majors, of covered students and exchange visitors enrolled at institutions or exchange 

program sponsors participating in the Student and Exchange Visitor Program. 

‘‘(9) SAVINGS CLAUSE.— Nothing in this section shall prohibit the Secretary 

or any institution or exchange program sponsor participating in the Student Exchange Visitor Program from requiring more frequent observations of covered 

students or exchange visitors.’’; and 

(2) by adding at the end the following: 

‘‘(d) DEFINITIONS.—For purposes of this section: 

‘‘(1) The term ‘covered student’ means a student who is a nonimmigrant pursuant to section 101(1)(15)(F), 101(1)(15)(J), or 101(1)(15)(M) of the Immigration 

and Nationality Act of 1952. 

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‘‘(2) The term ‘observed’ means positively identified by physical or electronic 

means. 

‘‘(3) The term ‘authorized user’ means an individual nominated by an institution participating in the Student Exchange Visitor Program and confirmed by 

the Secretary as not appearing on any terrorist watch list. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the amount authorized by section 

101 of the Department of Homeland Security Authorization Act for Fiscal Year 

2008, there are authorized to be appropriated to the Secretary such sums as may 

be necessary to carry out this section.’’. 

(b) COMPTROLLER GENERAL REVIEW.—The Comptroller General shall conduct a review of the fees for the Student and Exchange Visitor Program of the Department 

of Homeland Security. The Comptroller General shall include in such review data 

from fiscal years 2004 through 2007 and shall consider fees collected by the Department and all expenses associated with the review, issuance, maintenance, data collection, and enforcement functions of the Student and Exchange Visitor Program. 

SEC. 905. ASSESSMENT OF RESOURCES NECESSARY TO REDUCE CROSSING TIMES AT LAND 

PORTS OF ENTRY. 

The Secretary of Homeland Security shall, not later than 180 days after the date 

of the enactment of this Act, conduct an assessment, and submit a report to the 

Congress, on the personnel, infrastructure, and technology required to reduce border 

crossing wait times for pedestrian, commercial, and non-commercial vehicular traffic 

at land ports of entry into the United States to wait times less than prior to September 11, 2001, while ensuring appropriate security checks continue to be conducted. 

SEC. 906. BIOMETRIC IDENTIFICATION OF UNAUTHORIZED ALIENS. 

(a) IN GENERAL.—The Secretary of Homeland Security shall conduct a pilot program for the mobile biometric identification in the maritime environment of aliens 

unlawfully present in the United States. 

(b) REQUIREMENTS.—The Secretary shall ensure that the pilot program is coordinated with other biometric identification programs within the Department of Homeland Security and shall evaluate the costs and feasibility of expanding the capability 

to all appropriate Department of Homeland Security maritime vessels. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized in section 

101, there is authorized to be appropriated $10,000,000 to carry out this section. 

SEC. 907. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE REGARDING POLICIES AND 

PROCEDURES OF THE BORDER PATROL. 

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this 

Act, the Comptroller General of the United States shall submit to the Committee 

on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the policies and procedures of the Border Patrol pertaining to the use of lethal and nonlethal force and the pursuit of fleeing vehicles, including data on the number of incidents in which lethal or non-lethal force was used and any penalties that were imposed on Border Patrol agents as a result of such use. 

(b) CONSULTATION.—

(1) REQUIREMENT.—In complying with this section, the Comptroller General 

shall consult with Customs and Border Protection and with representatives of 

the following: 

(A) State and local law enforcement agencies located along the northern 

and southern international borders of the United States. 

(B) The National Border Patrol Council. 

(C) The National Association of Former Border Patrol Officers. 

(D) Human rights groups with experience regarding aliens who cross the 

international land borders of the United States. 

(E) Any other group that the Comptroller General determines would be 

appropriate. 

(2) INCLUSION OF OPINIONS.—The Comptroller General shall attach written 

opinions provided by groups referenced to in paragraph (1) as appendices to the 

report. 

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TITLE X—INFORMATION SHARING 

IMPROVEMENTS 

SEC. 1001. STATE AND LOCAL FUSION CENTER PROGRAM. 

(a) IN GENERAL.—Subtitle I of title VIII of the Homeland Security Act of 2002 (6 

U.S.C. 481 et seq.) is amended by striking sections 895 through 899 and inserting 

the following: 

‘‘SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish within the Department a 

State and Local Fusion Center Program. The program shall be overseen by the component charged with overseeing information sharing of homeland security information with State, local and tribal law enforcement. The purpose of the State and 

Local Fusion Center Program is to facilitate information sharing between the Department and State, local, and tribal law enforcement for homeland security and 

other purposes. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Secretary such sums as are necessary for the Secretary to carry out the purpose of the State and Local Fusion Center Program, including for— ‘‘(1) deploying Department personnel with intelligence and operational skills 

to State and local fusion centers participating in the Program; ‘‘(2) hiring and maintaining individuals with substantial law enforcement experience who have retired from public service and deploying such individuals 

to State and local fusion centers participating in the Program (with the consent 

of such centers); and ‘‘(3) maintaining an adequate number of staff at the headquarters of the Department to sustain and manage the portion of the Program carried out at the 

headquarters and to otherwise fill positions vacated by Department staff deployed to State and local fusion centers participating in the Program.’’. (b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by striking the items relating to sections 895 through 899 and inserting 

the following: 

‘‘Sec. 895. State and Local Fusion Center Program.’’. 

(c) PRIOR AMENDMENTS NOT AFFECTED.—This section shall not be construed to affect the application of sections 895 through 899 of the Homeland Security Act of 

2002 (including provisions enacted by the amendments made by those sections), as 

in effect before the effective date of this section. 

SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES TRAINING PROGRAM. 

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security Act of 2002 (6 

U.S.C. 121 et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES TRAINING PROGRAM. 

‘‘(a) ESTABLISHMENT.—The Secretary, through the Assistant Secretary for Information Analysis, the Privacy Officer, and the Officer for Civil Rights and Civil Liberties, shall establish a program within the Office of Civil Rights and Civil Liberties 

to provide privacy, civil liberties, and civil rights protection training for appropriate 

Department employees and State, local, tribal employees serving in State and local 

fusion centers participating in the State and Local Fusion Center Program. ‘‘(b) MANDATORY TRAINING.— ‘‘(1) DEPARTMENT EMPLOYEES.—The Secretary shall require each employee of 

the Department who is embedded at a State or local fusion center and has access to United States citizens and legal permanent residents personally identifiable information to successfully complete training under the program established under subsection (a). 

‘‘(2) FUSION CENTER REPRESENTATIVES.—As a condition of receiving a grant 

from the Department, a fusion center shall require each State, local, tribal, or 

private sector representative of the fusion center to successfully complete training under the program established under subsection (a) not later than six 

months after the date on which the State or local fusion center at which the 

employee is embedded receives a grant from the Department. 

‘‘(c) CONTENTS OF TRAINING.—Training provided under the program established 

under subsection (a) shall include training in Federal law in each of the following: 

‘‘(1) Privacy, civil liberties, and civil rights policies, procedures, and protocols 

that can provide or control access to information at a State or local fusion center. 

‘‘(2) Privacy awareness training based on section 552a of title 5, United States 

Code, popularly known as the Privacy Act of 1974. 

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‘‘(3) The handling of personally identifiable information in a responsible and 

appropriate manner. ‘‘(4) Appropriate procedures for the destruction of information that is no 

longer needed. ‘‘(5) The consequences of failing to provide adequate privacy and civil liberties 

protections. ‘‘(6) Compliance with Federal regulations setting standards for multijurisdictional criminal intelligence systems, including 28 CFR 23 (as in effect on the 

date of the enactment of this section). ‘‘(7) The use of immutable auditing mechanisms designed to track access to 

information at a State or local fusion center. ‘‘(d) CERTIFICATION OF TRAINING.—The Secretary, acting through the head of the 

Office of Civil Rights and Civil Liberties, shall issue a certificate to each person who 

completes the training under this section and performs successfully in a written examination administered by the Office of Civil Rights and Civil Liberties. A copy of 

each such certificate issued to an individual working at a participating fusion center 

shall be kept on file at that fusion center. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized by section 

101, there are authorized to be appropriate to carry out this section— ‘‘(1) $3,000,000 for each of fiscal years 2008 through 2013; and 

‘‘(2) such sums as may be necessary for each subsequent fiscal year.’’. (b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by adding at the end of the items relating to such subtitle the following: 

‘‘Sec. 203. Fusion center privacy and civil liberties training program.’’. 

SEC. 1003. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR 

THE OFFICE OF INFORMATION ANALYSIS. 

(a) DEFINITIONS.—For purposes of this section— (1) the term ‘‘IA’’ means the Office of Information Analysis; 

(2) the term ‘‘annuitant’’ means an annuitant under a Government retirement 

system; 

(3) the term ‘‘Government retirement system’’ has the meaning given such 

term by section 501(a); and 

(4) the term ‘‘employee’’ has the meaning given such term by section 2105 of 

title 5, United States Code. 

(b) APPOINTMENT AUTHORITY.—The Secretary (acting through the Assistant Secretary for Information Analysis) may, for the purpose of accelerating the ability of 

IA to perform its statutory duties under the Homeland Security Act of 2002, appoint 

annuitants to positions in IA in accordance with succeeding provisions of this section. 

(c) NONCOMPETITIVE PROCEDURES; EXEMPTION FROM OFFSET.—An appointment 

made under subsection (b) shall not be subject to the provisions of title 5, United 

States Code, governing appointments in the competitive service, and any annuitant 

serving pursuant to such an appointment shall be exempt from sections 8344 and 

8468 of such title 5 (relating to annuities and pay on reemployment) and any other 

similar provision of law under a Government retirement system. 

(d) LIMITATIONS.—No appointment under subsection (b) may be made if such appointment would result in the displacement of any employee or would cause the 

total number of positions filled by annuitants appointed under such subsection to 

exceed 100 as of any time (determined on a full-time equivalent basis). 

(e) RULE OF CONSTRUCTION.—An annuitant as to whom an exemption under subsection (c) is in effect shall not be considered an employee for purposes of any Government retirement system. 

(f) TERMINATION.—Upon the expiration of the 5-year period beginning on the date 

of the enactment of this Act—

(1) any authority to make appointments under subsection (b) shall cease to 

be available; and 

(2) all exemptions under subsection (c) shall cease to be effective. 

TITLE XI—MISCELLANEOUS PROVISIONS 

SEC. 1101. ELIGIBLE USES FOR INTEROPERABILITY GRANTS. 

The Secretary of Homeland Security shall ensure that all funds administered by 

the Department of Homeland Security to support the interoperable communications 

needs of State, local, and tribal agencies, including funds administered pursuant to 

a Memorandum of Understanding or other agreement, may be used to support the 

standards outlined in the SAFECOM interoperability continuum, including governance, standard operating procedures, technology, training and exercises, and usage. 

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SEC. 1102. RURAL HOMELAND SECURITY TRAINING INITIATIVE. 

(a) ESTABLISHMENT.—The Secretary of Homeland Security shall establish a program to be administered by the Director of the Federal Law Enforcement Training 

Center of the Department of Homeland Security to expand homeland security training to units of local and tribal governments located in rural areas. The Secretary 

shall take the following actions: 

(1) EVALUATION OF NEEDS OF RURAL AREAS.—The Secretary shall evaluate the 

needs of such areas. 

(2) DEVELOPMENT OF TRAINING PROGRAMS.—The Secretary shall develop expert training programs designed to respond to the needs of such areas, including, but not limited to, those pertaining to rural homeland security responses 

including protections for privacy, and civil rights and civil liberties. 

(3) PROVISION OF TRAINING PROGRAMS.—The Secretary shall provide to such 

areas the training programs developed under paragraph (2). 

(4) OUTREACH EFFORTS.—The Secretary shall conduct outreach efforts to ensure that such areas are aware of the training programs developed under paragraph (2) so that such programs are made available to units of local government 

and tribal governments located in rural areas. 

(b) NO DUPLICATION OR DISPLACEMENT OF CURRENT PROGRAMS.—Any training 

program developed under paragraph (2) of subsection (a) and any training provided 

by the program pursuant to such subsection shall be developed or provided, respectively, in a manner so as to not duplicate or displace any program in existence on 

the date of the enactment of this section. 

(c) PRIORITIZED LOCATIONS FOR RURAL HOMELAND SECURITY TRAINING.—In designating sites for the provision of training under this section, the Secretary shall, to 

the maximum extent possible and as appropriate, give priority to facilities of the 

Department of Homeland Security in existence as of the date of the enactment of 

this Act and to closed military installations, and to the extent possible, shall conduct 

training onsite, at facilities operated by participants. 

(d) RURAL DEFINED.—In this section, the term ‘‘rural’’ means an area that is not 

located in a metropolitan statistical area, as defined by the Office of Management 

and Budget. 

SEC. 1103. CRITICAL INFRASTRUCTURE STUDY. 

(a) IN GENERAL.—The Secretary of Homeland Security shall work with the Center 

for Risk and Economic Analysis of Terrorism Events (CREATE), led by the University of Southern California, to evaluate the feasibility and practicality of creating 

further incentives for private sector stakeholders to share protected critical infrastructure information with the Department for homeland security and other purposes. 

(b) INCLUDED INCENTIVES.—Incentives evaluated under this section shall include, 

but not be limited to, tax incentives, grant eligibility incentives, and certificates of 

compliance and other non-monetary incentives. 

(c) RECOMMENDATIONS.—The evaluation shall also include recommendations on 

the structure and thresholds of any incentive program. 

SEC. 1104. TERRORIST WATCH LIST AND IMMIGRATION STATUS REVIEW AT HIGH-RISK CRITICAL INFRASTRUCTURE. 

From amounts authorized under section 101, there may be appropriated such 

sums as are necessary for the Secretary of Homeland Security to require each owner 

or operator of a Tier I or Tier II critical infrastructure site as selected for the Buffer 

Zone Protection Program, to conduct checks of their employees against available terrorist watch lists and immigration status databases. 

SEC. 1105. AUTHORIZED USE OF SURPLUS MILITARY VEHICLES. 

The Secretary of Homeland Security shall include United States military surplus 

vehicles having demonstrated utility for responding to terrorist attacks, major disasters, and other emergencies on the Authorized Equipment List in order to allow 

State, local, and tribal agencies to purchase, modify, upgrade, and maintain such 

vehicles using homeland security assistance administered by the Department of 

Homeland Security. 

SEC. 1106. COMPUTER CAPABILITIES TO SUPPORT REAL-TIME INCIDENT MANAGEMENT. 

From amounts authorized under section 101, there are authorized such sums as 

may be necessary for the Secretary of Homeland Security to encourage the development and use of software- or Internet-based computer capabilities to support realtime incident management by Federal, State, local, and tribal agencies. Such software-based capabilities shall be scalable and not be based on proprietary systems 

to ensure the compatibility of Federal, State, local, and tribal first responder agency 

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puter capabilities, the Secretary shall consider the feasibility and desirability of including the following capabilities: 

(1) Geographic information system data. 

(2) Personnel, vehicle, and equipment tracking and monitoring. 

(3) Commodity tracking and other logistics management. 

(4) Evacuation center and shelter status tracking. 

(5) Such other capabilities as determined appropriate by the Secretary. 

SEC. 1107. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND SECURITY GRANTS. 

(a) IN GENERAL.—Subtitle H of title VIII of the Homeland Security Act of 2002 

(6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: 

‘‘SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND SECURITY GRANTS. 

‘‘(a) QUARTERLY REPORTS REQUIRED AS A CONDITION OF HOMELAND SECURITY

GRANTS.—

‘‘(1) EXPENDITURE REPORTS REQUIRED.—As a condition of receiving a grant administered by the Secretary, the Secretary shall require the grant recipient to 

submit quarterly reports to the Secretary describing the nature and amount of 

each expenditure made by the recipient using grant funds. 

‘‘(2) DEADLINE FOR REPORTS.—Each report required under paragraph (1) shall 

be submitted not later than 30 days after the last day of a fiscal quarter and 

shall cover expenditures made during that fiscal quarter. 

‘‘(b) PUBLICATION OF EXPENDITURES.—Not later than 30 days after receiving a report under subsection (a), the Secretary shall publish and make publicly available 

on the Internet website of the Department a description of the nature and amount 

of each expenditure covered by the report. 

‘‘(c) PROTECTION OF SENSITIVE INFORMATION.—In meeting the requirements of this 

section, the Secretary shall take appropriate action to ensure that sensitive information is not disclosed.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by adding at the end of the items relating to such subtitle the following: 

‘‘Sec. 890A. Expenditure reports as a condition of homeland security grants.’’. 

SEC. 1108. ENCOURAGING USE OF COMPUTERIZED TRAINING AIDS. 

The Under Secretary for Science and Technology of the Department of Homeland 

Security shall use and make available to State and local agencies computer simulations to help strengthen the ability of municipalities to prepare for and respond to 

a chemical, biological, or other terrorist attack, and to standardize response training. 

SEC. 1109. PROTECTION OF NAME, INITIALS, INSIGNIA, AND DEPARTMENTAL SEAL. 

Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is amended by 

adding at the end the following new subsection: 

‘‘(d) PROTECTION OF NAME, INITIALS, INSIGNIA, AND SEAL.—

‘‘(1) IN GENERAL.—Except with the written permission of the Secretary, no 

person may knowingly use, in connection with any advertisement, commercial 

activity, audiovisual production (including film or television production), impersonation, Internet domain name, Internet e-mail address, or Internet Web site, 

merchandise, retail product, or solicitation in a manner reasonably calculated 

to convey the impression that the Department or any organizational element of 

the Department has approved, endorsed, or authorized such use, any of the following (or any colorable imitation thereof): 

‘‘(A) The words ‘Department of Homeland Security’, the initials ‘DHS’, the 

insignia or seal of the Department, or the title ‘Secretary of Homeland Security’. 

‘‘(B) The name, initials, insignia, or seal of any organizational element 

(including any former such element) of the Department, or the title of any 

other officer or employee of the Department, notice of which has been published by the Secretary in accordance with paragraph (3). 

‘‘(2) CIVIL ACTION.—Whenever it appears to the Attorney General that any 

person is engaged or is about to engage in an act or practice that constitutes 

or will constitute conduct prohibited by paragraph (1) the Attorney General may 

initiate a civil proceeding in a district court of the United States to enjoin such 

act or practice. Such court shall proceed as soon as practicable to the hearing 

and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions 

as is warranted, to prevent injury to the United States or to any person or class 

of persons for whose protection the action is brought. 

‘‘(3) NOTICE AND PUBLICATION.—The notice and publication to which paragraph (1)(B) refers is a notice published in the Federal Register including the 

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name, initials, seal, or class of titles protected under paragraph (1)(B) and a 

statement that they are protected under that provision. The Secretary may 

amend such notice from time to time as the Secretary determines appropriate 

in the public interest and shall publish such amendments in the Federal Register. ‘‘(4) AUDIOVISUAL PRODUCTION.—For the purpose of this subsection, the term ‘audiovisual production’ means the production of a work that consists of a series 

of related images that are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together 

with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the work is embodied.’’. 

SEC. 1110. REPORT ON UNITED STATES SECRET SERVICE APPROACH TO SHARING UNCLASSIFIED, LAW ENFORCEMENT SENSITIVE INFORMATION WITH FEDERAL, STATE, AND 

LOCAL PARTNERS. 

(a) REPORT BY DIRECTOR OF UNITED STATES SECRET SERVICE.—Not later than 240 

days after the date of the enactment of this Act, the Director of the United States 

Secret Service shall submit to the Committee on Homeland Security of the House 

of Representatives, the Committee on Homeland Security and Governmental Affairs 

of the Senate, and the Inspector General of the Department of Homeland Security 

a report describing the approach of the Secret Service to sharing unclassified, law 

enforcement sensitive information with Federal, State, and local law enforcement 

agencies for homeland security and other purposes. 

(b) REPORT BY INSPECTOR GENERAL.—The Inspector General of the Department of 

Homeland Security shall conduct a review of the report submitted by the Director 

of the United States Secret Service under subsection (a), and submit a report with 

recommendations on whether and how such approach could be incorporated 

throughout the Department to Congress within 240 days after receiving the report 

of the Director of the United States Secret Service under subsection (a). 

SEC. 1111. REPORT ON UNITED STATES SECRET SERVICE JAMES J. ROWLEY TRAINING CENTER. 

Within 240 days after the date of the enactment of this Act, the Inspector General 

of the Department of Homeland Security shall provide to the appropriate congressional committees, including the Committees on Homeland Security and Appropriations of the House of Representatives and the Committees on Homeland Security 

and Governmental Affairs and Appropriations of the Senate, a report describing the 

following: 

(1) The mission and training capabilities of the United States Secret Service 

James J. Rowley Training Center. 

(2) Current Secret Service personnel throughput capacity of the James J. 

Rowley Training Center. 

(3) Maximum Secret Service personnel throughput capacity of the James J. 

Rowley Training Center. 

(4) An assessment of what departmental components engage in similar training activities as those conducted at the James J. Rowley Training Center. 

(5) An assessment of the infrastructure enhancements needed to support the 

mission and training capabilities of the James J. Rowley Training Center. 

(6) An assessment of the actual and expected total throughput capacity at the 

James J. Rowley Training Center, including outside entity participants. 

SEC. 1112. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. 

(a) IN GENERAL.—Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 522. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. 

‘‘(a) IN GENERAL.—There is a Metropolitan Medical Response System Program (in 

this section referred to as the ‘program’). 

‘‘(b) PURPOSE.—The purpose of the program shall be to support local jurisdictions 

in enhancing and maintaining all-hazards response capabilities to manage mass casualty incidents (including terrorist acts using chemical, biological, radiological, nuclear agents, or explosives, large-scale hazardous materials incidents, epidemic disease outbreaks, and natural disasters) by systematically enhancing and integrating 

first responders, public health personnel, emergency management personnel, business representatives, and volunteers. 

‘‘(c) PROGRAM ADMINISTRATION.—The Assistant Secretary for Health Affairs shall 

develop the programmatic and policy guidance for the program in coordination with 

the Administrator of the Federal Emergency Management Agency. 

‘‘(d) PERSONNEL COSTS.—The program shall not be subject to an administrative 

cap on the hiring of personnel to conduct program activities. 

‘‘(e) FINANCIAL ASSISTANCE.—

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‘‘(1) ADMINISTRATION.—The Administrator of the Federal Emergency Management Agency shall administer financial assistance provided to State and local 

jurisdictions under the program. ‘‘(2) ASSISTANCE TO LOCAL JURISDICTIONS.—In providing financial assistance 

to a State under the program, the Administrator shall ensure that 100 percent 

of the amount of such assistance is allocated by the State to local jurisdictions, 

except that a State may retain up to 20 percent of the amount of such assistance to facilitate integration between the State and the local jurisdiction pursuant to a written agreement between the State and the chair of the Metropolitan 

Medical Response System steering committee. ‘‘(3) MUTUAL AID.—

‘‘(A) AGREEMENTS.—Local jurisdictions receiving assistance under the 

program are encouraged to develop and maintain memoranda of understanding and agreement with neighboring jurisdictions to support a system 

of mutual aid among the jurisdictions. 

‘‘(B) CONTENTS.—A memorandum referred to in subparagraph (A) shall 

include, at a minimum, policies and procedures to—

‘‘(i) enable the timely deployment of program personnel and equipment across jurisdictions and, if relevant, across State boundaries; 

‘‘(ii) share information in a consistent and timely manner; and 

‘‘(iii) notify State authorities of the deployment of program resources 

in a manner that ensures coordination with State agencies without impeding the ability of program personnel and equipment to respond rapidly to emergencies in other jurisdictions. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized by section 

101 there is authorized to be appropriated to carry out the program $63,000,000 for 

each of the fiscal years 2008 through 2011.’’. 

(b) PROGRAM REVIEW.—

(1) IN GENERAL.—The Assistant Secretary for Health Affairs shall conduct a 

review of the Metropolitan Medical Response System Program. 

(2) CONTENT OF REVIEW.—In conducting the review of the program, the Assistant Secretary shall examine—

(A) strategic goals; 

(B) objectives; 

(C) operational capabilities; 

(D) resource requirements; 

(E) performance metrics; 

(F) administration; 

(G) whether the program would be more effective if it were managed as 

a contractual agreement; 

(H) the degree to which the program’s strategic goals, objectives, and capabilities are incorporated in State and local homeland security plans; and 

(I) challenges in the coordination among public health, public safety, and 

other stakeholder groups to prepare for and respond to mass casualty incidents. 

(3) REPORT.—Not later than 9 months after the date of enactment of this subsection, the Assistant Secretary shall submit to the Committee on Homeland 

Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the 

review. 

(c) CONFORMING AMENDMENTS.—

(1) REPEAL.—Section 635 of the Post-Katrina Management Reform Act of 

2006 (6 U.S.C. 723) is repealed. 

(2) TABLE OF CONTENTS.—The table of contents contained in section 1(b) of 

the Homeland Security Act of 2002 is amended by inserting after the item relating to section 521 the following: 

‘‘Sec. 522. Metropolitan Medical Response System Program.’’. 

SEC. 1113. IDENTITY FRAUD PREVENTION GRANT PROGRAM. 

(a) FINDINGS.—Congress finds the following: 

(1) The National Commission on Terrorist Attacks Upon the United States 

found that the 19 hijackers had been issued 16 State driver’s licenses (from Arizona, California, Florida, and Virginia) and 14 State identification cards (from 

Florida, Maryland and Virginia). 

(2) The Commission concluded that ‘‘[s]ecure identification should begin in the 

United States. The Federal Government should set standards for the issuance 

of birth certificates and sources of identification, such as driver’s licenses. Fraud 

in identification is no longer just a problem of theft. At many entry points to 

vulnerable facilities, including gates for boarding aircraft, sources of identificamstockstill on PROD1PC66 with HEARING

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tion are the last opportunity to ensure that people are who they say they are 

and to check whether they are terrorists.’’ (b) GRANT PROGRAM.—Subtitle D of title IV of the Homeland Security Act of 2002 

(6 U.S.C. 251 et seq.) is amended by adding at the end the following: 

‘‘SEC. 447. DOCUMENT FRAUD PREVENTION GRANT PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary shall establish a program to make grants available to States to be used to prevent terrorists and other individuals from fraudulently obtaining and using State-issued identification cards and to develop more secure State-issued documents to be used for official Federal purposes. ‘‘(b) USE OF FUNDS.—A recipient of a grant under this section may use the grant 

for any of the following purposes: ‘‘(1) To develop machine readable technology, encryption methods, or other 

means of protecting against unauthorized access of information appearing on licenses or identification. ‘‘(2) To establish a system for a State-to-State data exchange that allows electronic access to States to information contained in a State department of motor 

vehicles database. ‘‘(3) To develop or implement a security plan designed to safeguard the privacy of personal information collected, maintained, and used by State motor vehicles offices from unauthorized access, misuse, fraud, and identity theft. ‘‘(4) To develop a querying service that allows access to Federal databases in 

a timely, secure, and cost-effective manner, in order to verify the issuance, validity, content, and completeness of source documents provided by applicants for 

identity documents issued by State agencies, including departments of motor vehicles. ‘‘(5) To develop a system for States to capture and store digital images of 

identity source documents and photographs of applicants in electronic format. ‘‘(6) To design systems or establish procedures that would reduce the number 

of in-person visits required to State departments of motor vehicles to obtain 

State-issued identity documents used for Federal official purposes. ‘‘(c) PRIORITY IN AWARDING GRANTS.—In awarding grants under this section the 

Secretary shall give priority to a State that demonstrates that— ‘‘(1) the grant will assist the State in complying with any regulation issued 

by the Department to prevent the fraudulent issuance of identification documents to be used for official Federal purposes; and ‘‘(2) such compliance will facilitate the ability of other States to comply with 

such regulations. ‘‘(d) LIMITATION ON SOURCE OF FUNDING.—The Secretary may not use amounts 

made available under this section for any other grant program of the Department 

to provide funding for expenses related to the REAL ID Act of 2005 (Public Law 

109–13). ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized by section 

101 there are authorized to be appropriated to the Secretary for making grants 

under this section— ‘‘(1) 120,000,000 for fiscal year 2008; 

‘‘(2) $100,000,000 for fiscal year 2009; and 

‘‘(3) $80,000,000 for fiscal year 2010.’’. (c) CLERICAL AMENDMENT.—The table of contents in section 1(b) of such Act is 

amended by inserting after the items relating to such subtitle the following: 

‘‘Sec. 447. Document fraud prevention grant program.’’. 

SEC. 1114. TECHNICAL CORRECTIONS. 

The Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) 

is amended—

(1) in section 1(b) in the table of contents by striking the items relating to 

the second title XVIII, as added by section 501(b)(3) of Public Law 109–347, and 

inserting the following: 

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Mission of Office. 

‘‘Sec. 1903. Hiring authority. 

‘‘Sec. 1904. Testing authority. 

‘‘Sec. 1905. Relationship to other Department entities and Federal agencies. 

‘‘Sec. 1906. Contracting and grant making authorities.’’. 

(2) by redesignating the second title XVIII, as added by section 501(a) of Public Law 109–347, as title XIX; 

(3) in title XIX (as so redesignated)—

(A) by redesignating sections 1801 through 1806 as sections 1901 through 

1906, respectively; 

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(B) in section 1904(a) (6 U.S.C. 594(a)), as so redesignated, by striking ‘‘section 1802’’ and inserting ‘‘section 1902’’; and 

(C) in section 1906 (6 U.S.C. 596), as so redesignated, by striking ‘‘section 

1802(a)’’ each place it appears and inserting ‘‘section 1902(a)’’. 

SEC. 1115. CITIZEN CORPS. 

Of the amount authorized to be appropriated under section 101, such sums as 

may be necessary shall be available to the Secretary of Homeland Security to encourage the use of Citizen Corps funding and local Citizen Corps Councils to provide 

education and training for populations located around critical infrastructure on preparing for and responding to terrorist attacks, major disasters, and other emergencies. 

SEC. 1116. REPORT REGARDING DEPARTMENT OF HOMELAND SECURITY IMPLEMENTATION 

OF COMPTROLLER GENERAL AND INSPECTOR GENERAL RECOMMENDATIONS REGARDING PROTECTION OF AGRICULTURE. 

(a) REPORT REQUIRED.—The Secretary of Homeland Security shall prepare a report describing how the Department of Homeland Security will implement the applicable recommendations of the following reports: 

(1) Comptroller General report entitled ‘‘Homeland Security: How Much is 

Being Done to Protect Agriculture from a Terrorist Attack, but Important Challenges Remain’’ (GAO–05–214). 

(2) Department of Homeland Security Office of Inspector General report entitled ‘‘The Department of Homeland Security’s Role in Food Defense and Critical 

Infrastructure Protection’’ (OIG–07–33). 

(b) SUBMISSION OF REPORT.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit the report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. If the Secretary determines that a 

specific recommendation will not be implemented or will not be fully implemented, 

the Secretary shall include in the report a description of the reasoning or justification for the determination. 

SEC. 1117. REPORT REGARDING LEVEE SYSTEM. 

(a) IN GENERAL.—Not later than 6 months after the date of the enactment of this 

Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report analyzing the threat, vulnerability, and consequence of 

a terrorist attack on the levee system of the United States. 

(b) EXISTING REPORTS.—In implementing this section, the Secretary may build 

upon existing reports as necessary. 

SEC. 1118. REPORT ON FORCE MULTIPLIER PROGRAM. 

Not later than 60 days after the date of the enactment of this Act, the Secretary 

of Homeland Security shall submit to the appropriate congressional committees a 

report on the progress of the Secretary—

(1) in establishing procedures to ensure compliance with section 44917(a)(7) 

of title 49, United States Code; and 

(2) in accomplishing the operational aspects of the Force Multiplier Program, 

as required pursuant to the Department of Homeland Security Appropriations 

Act, 2007 (Public Law 109–295). 

SEC. 1119. ELIGIBILITY OF STATE JUDICIAL FACILITIES FOR STATE HOMELAND SECURITY 

GRANTS. 

(a) IN GENERAL.—States may utilize covered grants for the purpose of providing 

funds to State and local judicial facilities for security at those facilities. 

(b) COVERED GRANTS.—For the purposes of this section, the term ‘‘covered grant’’

means a grant under any of the following programs of the Department of Homeland 

Security: 

(1) The State Homeland Security Grant Program. 

(2) The Urban Area Security Initiative. 

SEC. 1120. AUTHORIZATION OF HOMELAND SECURITY FUNCTIONS OF THE UNITED STATES 

SECRET SERVICE. 

(a) AUTHORIZED FUNDING.—Of the amounts authorized by section 101, there is authorized to be appropriated for fiscal year 2008 for necessary expenses of the United 

States Secret Service, $1,641,432,000. 

(b) AUTHORIZED PERSONNEL STRENGTH.—The United States Secret Service is authorized to provide 6,822 full-time equivalent positions. 

SEC. 1121. DATA SHARING. 

The Secretary of Homeland Security shall provide information relating to assistance requested or provided in response to a terrorist attack, major disaster, or other 

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emergency, to Federal, State, or local law enforcement entities to assist in the location of a missing child or registered sex offender. In providing such information, the 

Secretary shall take reasonable steps to protect the privacy of individuals. 

TITLE XII—MARITIME ALIEN SMUGGLING 

SEC. 1201. SHORT TITLE. 

This title may be cited as the ‘‘Maritime Alien Smuggling Law Enforcement Act’’. 

SEC. 1202. CONGRESSIONAL DECLARATION OF FINDINGS. 

The Congress finds and declares that maritime alien smuggling violates the national sovereignty of the United States, places the country at risk of terrorist activity, compromises the country’s border security, contravenes the rule of law, and compels an unnecessary risk to life among those who enforce the Nation’s laws. Moreover, such maritime alien smuggling creates a condition of human suffering among 

those who seek to enter the United States without official permission or lawful authority that is to be universally condemned and vigorously opposed. 

SEC. 1203. DEFINITIONS. 

In this title: 

(1) The term ‘‘alien’’ has the same meaning given that term in section 101 

of the Immigration and Nationality Act (8 U.S.C. 1101). 

(2) The term ‘‘lawful authority’’ means permission, authorization, or waiver 

that is expressly provided for in the immigration laws of the United States or 

the regulations prescribed thereunder and does not include any such authority 

secured by fraud or otherwise obtained in violation of law or authority that has 

been sought but not approved. 

(3) The term ‘‘serious bodily injury’’ has the same meaning given that term 

in section 1365 of title 18, United States Code, including any conduct that 

would violate sections 2241 or 2242 of such title, if the conduct occurred in the 

special maritime and territorial jurisdiction of the United States. 

(4) The term ‘‘State’’ has the same meaning given that term in section 101 

of the Immigration and Nationality Act (8 U.S.C. 1101). 

(5) The term ‘‘terrorist activity’’ has the same meaning given that term in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(3)(B)). 

(6) The term ‘‘United States’’ includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United 

States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and 

any other territory or possession of the United States. 

(7) The term ‘‘vessel of the United States’’ and ‘‘vessel subject to the jurisdiction of the United States’’ have the same meanings given those terms in section 

2 of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903). 

SEC. 1204. MARITIME ALIEN SMUGGLING. 

(a) OFFENSE.—For purposes of enforcing Federal laws, including those that pertain to port, maritime, or land border security, no person on board a vessel of the 

United States or a vessel subject to the jurisdiction of the United States, or who 

is a citizen or national of the United States or an alien who is paroled into or is 

a resident of the United States on board any vessel, shall assist, encourage, direct, 

induce, transport, move, harbor, conceal, or shield from detection an individual in 

transit from one country to another on the high seas, knowing or in reckless disregard of the fact that such individual is an alien, known, or suspected terrorist, 

or an individual seeking to commit terrorist activity, seeking to enter the United 

States without official permission or lawful authority. 

(b) ATTEMPT OR CONSPIRACY.—Any person who attempts or conspires to commit 

a violation of this title shall be subject to the same penalties as those prescribed 

for the violation, the commission of which was the object of the attempt or conspiracy. 

(c) JURISDICTION AND SCOPE.—

(1) IN GENERAL.—Jurisdiction of the United States with respect to vessels and 

persons subject to this section is not an element of any offense. All jurisdictional 

issues arising under this section are preliminary questions of law to be determined solely by the trial judge. 

(2) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over the offenses described in this section. 

(3) NONAPPLICABILITY TO LAWFUL ACTIVITIES.—Nothing in this title shall 

apply to otherwise lawful activities carried out by or at the direction of the 

United States Government. 

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(d) CLAIM OF FAILURE TO COMPLY WITH INTERNATIONAL LAW; JURISDICTION OF

COURT.—Any person charged with a violation of this title shall not have standing 

to raise the claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this 

title may be invoked solely by a foreign nation, and a failure to comply with international law shall not divest a court of jurisdiction or otherwise constitute a defense 

to any proceeding under this title. 

(e) AFFIRMATIVE DEFENSE.—It shall be an affirmative defense to a violation of this 

section, as to which the defendant has the burden of proof by a preponderance of 

the evidence, that prior to the alleged violation the defendant rescued the alien at 

sea, if the defendant—

(1) immediately reported to the Coast Guard the circumstances of the rescue, 

and the name, description, registry number, and location of the rescuing vessel; 

and 

(2) did not bring or attempt to bring the alien into the land territory of the 

United States without official permission or lawful authority, unless exigent circumstances existed that placed the life of the alien in danger, in which case the 

defendant must have reported to the Coast Guard the information required by 

paragraph (1) of this subsection immediately upon delivering that alien to emergency medical personnel ashore. 

(f) ADMISSIBILITY OF EVIDENCE.—Notwithstanding any provision of the Federal 

Rules of Evidence, the testimony of Coast Guard personnel and official records of 

the Coast Guard, offered to show either that the defendant did not report immediately the information required by subsection (e) or the absence of any such report 

by the defendant, shall be admissible, and the jury shall be instructed, upon request 

of the United States, that it may draw an inference from such records or testimony 

in deciding whether the defendant reported as required by subsection (e). 

(g) ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.—Notwithstanding any 

provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually or electronically preserved) deposition of a witness to any alleged violation 

of subsection (a) of this section who has been repatriated, removed, extradited, or 

otherwise expelled from or denied admission to the United States or who is otherwise unable to testify may be admitted into evidence in an action brought for that 

violation if the witness was available for cross examination at the deposition and 

the deposition otherwise complies with the Federal Rules of Evidence. 

(h) PENALTIES.—A person who commits any violation under this section shall—

(1) be imprisoned for not less than 3 years and not more than 20 years, fined 

not more than $100,000, or both; 

(2) in a case in which the violation furthers or aids the commission of any 

other criminal offense against the United States or any State for which the offense is punishable by imprisonment for more than 1 year, be imprisoned for 

not less than 5 years and not more than 20 years, fined not more than 

$100,000, or both; 

(3) in a case in which any participant in the violation created a substantial 

risk of death or serious bodily injury to another person (including, but not limited to, transporting a person in a shipping container, storage compartment, or 

other confined space or at a speed in excess of the rated capacity of the vessel), 

be imprisoned for not less than 5 years and not more than 20 years, fined not 

more than $100,000, or both; 

(4) in a case in which the violation caused serious bodily injury to any person, 

regardless of where the injury occurred, be imprisoned for not less than 7 years 

and not more than 30 years, fined not more than $500,000, or both; 

(5) in a case in which the violation involved an alien who the offender knew 

or had reason to believe was an alien engaged in terrorist activity or intending 

to engage in terrorist activity, be imprisoned for not less than 10 years and not 

more than 30 years, fined not more than $500,000, or both; and 

(6) in the case where the violation caused or resulted in the death of any person regardless of where the death occurred, be punished by death or imprisoned 

for not less than 10 years and up to a life sentence, fined not more than 

$1,000,000, or both. 

SEC. 1205. SEIZURE OR FORFEITURE OF PROPERTY. 

(a) IN GENERAL.—Any conveyance (including any vessel, vehicle, or aircraft) that 

has been or is being used in the commission of any violation of this title), the gross 

proceeds of such violation, and any property traceable to such conveyance or proceeds shall be seized and subject to forfeiture in the same manner as property 

seized or forfeited under section 274 of the Immigration and Nationality Act (8 

U.S.C. 1324). 

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(b) PRIMA FACIE EVIDENCE OF VIOLATIONS OF THE TITLE.—Practices commonly 

recognized as alien smuggling tactics may provide prima facie evidence of intent to 

use a vessel to commit, or to facilitate the commission of, a violation of this title 

and may support seizure and forfeiture of the vessel, even in the absence aboard 

the vessel of an alien in unlawful transit. The following indicia may be considered, 

in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commission of, a violation of this 

title: 

(1) The construction or adaptation of the vessel in a manner that facilitates 

smuggling, including—

(A) the configuration of the vessel to avoid being detected visually or by 

radar; 

(B) the presence of any compartment or equipment that is built or fitted 

out for smuggling (excluding items reasonably used for the storage of personal valuables); 

(C) the presence of an auxiliary fuel, oil, or water tank not installed in 

accordance with applicable law or installed in such a manner as to enhance 

the vessel’s smuggling capability; 

(D) the presence of engines, the power of which exceeds the design specifications or size of the vessel; 

(E) the presence of materials used to reduce or alter the heat or radar 

signature of the vessel or avoid detection; 

(F) the presence of a camouflaging paint scheme or materials used to 

camouflage the vessel; and 

(G) the display of false vessel registration numbers, false indicia of vessel 

nationality, false vessel name, or false vessel homeport. 

(2) The presence or absence of equipment, personnel, or cargo inconsistent 

with the type or declared purpose of the vessel. 

(3) The presence of fuel, lube oil, food, water, or spare parts inconsistent with 

legitimate operation of the vessel, the construction or equipment of the vessel, 

or the character of the vessel. 

(4) The operation of the vessel without lights during times lights are required 

to be displayed under applicable law or regulation or in a manner of navigation. 

(5) The failure of the vessel to stop, respond, or heave to when hailed by an 

official of the Federal Government, including conducting evasive maneuvers. 

(6) The declaration to the Federal Government of apparently false information 

about the vessel, crew, or voyage or the failure to identify the vessel by name 

or country of registration when requested to do so by a Government official. 

(c) PRIMA FACIE EVIDENCE OF THE ABSENCE OF LAWFUL AUTHORITY TO ENTER.—

Notwithstanding any provision of the Federal Rules of Evidence, in determining 

whether a violation of this title has occurred, any of the following shall be prima 

facie evidence in an action for seizure or forfeiture pursuant to this section that an 

alien involved in the alleged offense had not received prior official permission or 

legal authorization to come to, enter, or reside in the United States or that such 

alien had come to, entered, or remained in the United States in violation of law: 

(1) Any order, finding, or determination concerning the alien’s status or lack 

thereof made by a Federal judge or administrative adjudicator (including an immigration judge or an immigration officer) during any judicial or administrative 

proceeding authorized under the immigration laws or regulations prescribed 

thereunder. 

(2) Official records of the Department of Homeland Security, the Department 

of Justice, or the Department of State concerning the alien’s status or lack 

thereof. 

(3) Testimony by an immigration officer having personal knowledge of the 

facts concerning the alien’s status or lack thereof. 

PURPOSE AND SUMMARY

The purpose of H.R. 1684 is to authorize appropriations for the 

Department of Homeland Security for fiscal year 2008, and for 

other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Department of Homeland Security has been in operation for 

more than three years. During this time, the Department has experienced a variety of growing pains as it continues to develop, admstockstill on PROD1PC66 with HEARING

47 

just, and integrate various components to achieve its primary missions of preventing, reducing our vulnerability to, responding to, 

and recovering from terrorist attacks, major natural disasters, and 

other such emergencies. 

The complexity of the Department’s mission, coupled with the 

enormity of its management and operational challenges, requires 

the close and intensive oversight that annual Congressional reauthorization provides. The Department should be subject to an annual authorization process through which the evolving needs of the 

Department can be met, and through which Congressional direction, oversight, and prioritization can occur. Adherence to the process will help the Department improve the overall management and 

integration of its various legacy agencies, guide resource allocation 

and prioritization, set clear and achievable benchmarks for 

progress and success, and enhance the Department’s implementation of its critical mission. H.R. 1684 is the third Department of 

Homeland Security authorization bill to be reported by this Committee to the House of Representatives since the creation of the Department. It builds upon the groundwork laid by H.R. 1817, the 

Department of Homeland Security Authorization Act for 2006, and 

H.R. 5814, the Department of Homeland Security Authorization 

Act for Fiscal Year 2007. H.R. 1684 is not intended to be a comprehensive re-authorization of the Department; several issue areas, 

including border security, port security, rail and mass transit security, the recommendations of the National Commission on Terrorist 

Attacks Upon the United States (9/11 Commission), and emergency 

management reforms have been recently or will be promptly addressed in separate legislation. The intent of this measure is to 

build core capacity at the Department and bring about targeted improvements to Department operations, particularly with respect to 

management, organization, personnel, contracting, and policy. H.R. 

1684 accomplishes these goals within a realistic budgetary framework. 

HEARINGS

On February 7, 2007, the Full Committee held a hearing entitled 

‘‘An Overview of Issues and Challenges Facing the Department of 

Homeland Security.’’ The Committee received testimony from Hon. 

David M. Walker, Comptroller General of the United States, Government Accountability Office, accompanied by Mr. Norman 

Rabkin, Managing Director, Homeland Security and Justice Government Accountability Office; and Hon. Richard L. Skinner, Inspector General, Department of Homeland Security. 

On February 9, 2007, the Full Committee held a Hearing entitled 

‘‘An Examination of the President’s FY 2008 Budget Request for 

the Department of Homeland Security.’’ The Committee received 

testimony from Hon. Michael Chertoff, Secretary, Department of 

Homeland Security. 

On February 14, 2007, the Subcommittee on Emerging Threats, 

Cybersecurity, and Science and Technology held a hearing entitled 

‘‘Understanding the Budget and Strategic Agenda of the Science 

and Technology Directorate.’’ The Subcommittee received testimony 

from Admiral Jay Cohen, Under Secretary for Science and Technology, Department of Homeland Security; and Mr. Richard Wilmstockstill on PROD1PC66 with HEARING

48 

liams, Chief Financial Officer for Science and Technology, Department of Homeland Security 

On February 14, 2007, the Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment held a hearing entitled ‘‘The President’s Proposed FY2008 Budget for the Department of Homeland Security: The Office of Intelligence and Analysis.’’ The Subcommittee received testimony from Mr. Charles E. 

Allen, Chief Intelligence Officer, Office of Intelligence and Analysis, 

Department of Homeland Security. 

On February 15, 2007, the Full Committee held a hearing entitled ‘‘Lessons Learned and Grading Goals: The Department of 

Homeland Security in 2007.’’ The Committee received testimony 

from Hon. Michael P. Jackson, Deputy Secretary, Department of 

Homeland Security. 

On March 1, 2007, the Subcommittee on Management, Investigations, and Oversight held a hearing entitled ‘‘The Department of 

Homeland Security’s Management Directorate: Goals and Objectives of the New Under Secretary.’’ The Subcommittee received testimony from Hon. Paul A. Schneider, Under Secretary for Management, Department of Homeland Security. 

On March 20, 2007, the Full Committee held a hearing entitled 

‘‘Organizational and Policy Proposals for the FY 2008 Department 

of Homeland Security Authorization: Positioning US-VISIT for Success and Establishing a Quadrennial Homeland Security Review 

Process.’’ The Committee received testimony from Mr. Robert A. 

Mocny, Acting Director, US-VISIT, Department of Homeland Security, accompanied by Mr. Richard Robert Zitz, Deputy Undersecretary for Preparedness, Department of Homeland Security; Mr. 

Richard Stana, Director, Homeland Security and Justice Issues, 

Government Accountability Office; James Jay Carafano, Ph.D., 

Senior Fellow, The Heritage Foundation; Ms. Miche`le A. Flournoy, 

President and Co-Founder, Center for a New American Security; 

and Hon. Asa Hutchinson, Founding Partner, Hutchinson Group. 

COMMITTEE CONSIDERATION

H.R. 1684 was introduced in the House by Mr. Thompson of Mississippi, Mr. King of New York, Mr. Carney, Mr. Rogers of Alabama, Mr. Etheridge, Mr. Langevin, Mr. Cuellar, Ms. Clarke, and 

Ms. Loretta Sanchez of California on March 26, 2007, and referred 

solely to the Committee on Homeland Security. Within the Committee on Homeland Security, H.R. 1684 was retained at the Full 

Committee. 

On March 27, 2007, the Full Committee met in open markup session and ordered H.R. 1684 favorably reported to the House of Representatives, as amended, by a record vote of 26 yeas and 0 nays 

(Roll Call Vote No. 11). 

COMMITTEE VOTES

Clause 3(b) of Rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. 

H.R. 1684, to authorize appropriations for the Department of 

Homeland Security for fiscal year 2008, and for other purposes; 

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was ordered favorably reported to the House, amended, by a recorded vote of 26 yeas and 0 nays (Roll Call Vote No. 11) as follows: 

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51 

The Committee adopted the bill, as amended, by voice vote. 

The following amendments were offered: 

An en bloc amendment offered by Mr. Thompson (#1) consisting 

of: an amendment by Mr. Thompson making technical corrections, 

establishing a Student Exchange Visitor Program, and establishing 

the REAL ID Grant Program; an amendment by Mr. Etheridge, on 

page 6, line 11 insert a new subsection ‘‘(b) Ensuring consideration 

of the needs of children’’; and ‘‘(c) report to Congress’’; an amendment by Mr. Carney, at the end of title II add a new section entitled ‘‘Sec. ll. Sense of Congress Regarding Consolidation of Department Headquarters.’’; an amendment by Mr. Etheridge, on 

page 38, after line 25, insert a new subsection entitled ‘‘(e) Use of 

Domestic Textiles.’’ and Page 39, line 1, strike ‘‘(e)’’ and insert ‘‘(f)’’.; 

an amendment by Mr. McCarthy, at the end of title IV add a new 

section entitled ‘‘Sec. ll. Prohibition on Award of Contracts and 

Grants to Educational Institutions not Supporting Coast Guard Efforts.’’; an amendment by Ms. Sanchez, in section 505, in the matter preceding paragraph (1), strike ‘‘in order to address’’ and insert ‘‘(a) In General.—In order to address’’. ; in section 505(a), add a 

new paragraph (5).; and in section 505, add at the end a new subsection entitled ‘‘(b) Report.’’; an amendment by Ms. Jackson-Lee, 

on page 56, after line 2, insert a new section entitled ‘‘Sec. ll. Citizen Corps.’’; an amendment by Mr. McCaul, at the end of title 

VI (page 80, before line 14) add a new section entitled ‘‘Sec. ll. National Bio and Agro-Defense Facility.’’; an amendment by Mr. 

Bilirakis, at the end of title IX, insert a new section entitled ‘‘Sec. ll. Biometric Identification of Unauthorized Aliens.’’; an amendment by Mr. Etheridge, at the end of title XI, add a new section 

entitled ‘‘Sec. ll. Report Regarding Department of Homeland Security Implementation of Comptroller General and Inspector General Recommendations Regarding Protection of Agriculture.’’; an 

amendment by Mr. Rogers, at the end of title XI add a new section 

entitled ‘‘Sec. ll. Strengthening Line of Authority for Legislative, 

Congressional, and Intergovernmental Affairs.’’; an amendment by 

Mr. Jindal, at the end of title XI add a new section entitled ‘‘Sec. 

ll. Report Regarding Levee System.’’; an amendment by Mr. 

Lungren, to insert a new section entitled ‘‘Sec. 1114. Report on 

Force Multiplier Program.’’; an amendment by Mr. Perlmutter, to 

insert a new section entitled. ‘‘Sec. ll. Eligibility of State Judicial 

Facilities for State Homeland Security Grants.’’; an amendment by 

Mr. Dent, add a new section entitled ‘‘Sec. 1114. Authorization of 

Homeland Security Functions of the United States Secret Service.’’; 

and an amendment by Mr. Cuellar, on page 106, line 3–4, strike 

‘‘comparable to’’ and insert ‘‘less than’’.; was AGREED TO by voice 

vote. 

An amendment offered by Mr. Perlmutter (#2), to insert at the 

end of title IV a new section ‘‘Sec. 406. Prohibition on Use of Contracts That Move Off-Shore.’’; was WITHDRAWN by unanimous 

consent. A unanimous consent request by Mr. Perlmutter to withdraw his amendment, was not objected to. 

An amendment offered by Ms. Clarke (#3), in section 901, add a 

new subsection entitled ‘‘(d) Prohibition on Transfer.’’; was 

AGREED TO by voice vote. 

An amendment offered by Ms. Sanchez (#4) to strike section 

903(b)(2)(B).; was AGREED TO by voice vote. 

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An amendment offered by Mr. Reichert (#5) to insert a new section entitled ‘‘Sec. ll. Requirement on Visa Waiver Program 

Countries to Enter Into Homeland Security Information Sharing 

Agreement.’’; was WITHDRAWN by unanimous consent. A unanimous consent request by Mr. Reichert to withdraw his amendment, 

was not objected to. 

An amendment offered by Mr. McCaul (#6) to insert at the end 

of title IX a new section ‘‘Sec. ll. Task Force to Reform Border 

Patrol Policies.’’; was NOT AGREED TO by a record vote of 11 yeas 

and 15 nays (Roll Call Vote No. 6). 

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54 

An amendment offered by Mr. Dent (#7) to insert at the end of 

title IX a new section entitled ‘‘Sec. ll. Passenger and Crew 

Manifests for Vessels, Vehicles, and Aircraft Arriving in or Departing From the United States.’’; was WITHDRAWN by unanimous 

consent. A unanimous consent request by Mr. Dent to withdraw his 

amendment, was not objected to. 

An amendment offered by Mr. Dent (#8) to insert at the end of 

title IX a new section entitled ‘‘Sec. ll. Automated Targeting Systems for Persons Entering or Departing the United States.’’; was 

NOT AGREED TO by a record vote of 14 yeas and 16 nays (Roll 

Call Vote No. 7). 

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56 

An amendment offered by Mr. Davis of Tennessee (#9) to insert 

at the end of title IX a new section entitled ‘‘Sec. ll. Border Security and Immigration Enforcement of State and Local Law Enforcement Personnel.’’; was NOT AGREED TO by a record vote of 15 

yeas and 15 nays (Roll Call Vote No. 8). 

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An amendment offered by Mr. Reichert (#10) to add a new section entitled ‘‘Sec. ll. Use of Grants for Analysts.’’; was WITHDRAWN by unanimous consent. A unanimous consent request by 

Mr. Reichert to withdraw his amendment, was not objected to. 

An amendment offered by Ms. Brown-Waite (#11) to add a new 

section entitled ‘‘Sec. ll. Data Sharing.’’; was AGREED To by 

voice vote. 

An amendment offered by Ms. Norton (#12) to insert a new section entitled ‘‘Sec. ll. Report on Source of Shortfalls at Federal 

Protective Services.’’; was AGREED TO by a record vote of 17 yeas 

and 13 nays (Roll Call Vote No. 9). 

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60 

An amendment offered by Mr. Dent (#13) to insert a new section 

entitled ‘‘Sec. ll. Civil Air Patrol Support of Homeland Security 

Missions.’’; was WITHDRAWN by unanimous consent. A unanimous consent request by Mr. Dent to withdraw his amendment, 

was not objected to. 

An amendment offered by Mr. Dent (#14) to insert a new section 

entitled ‘‘Sec. ll. Prevention of Flooding of Streams and Rivers.’’; 

was WITHDRAWN by unanimous consent. A unanimous consent 

request by Mr. Dent to withdraw his amendment, was not objected 

to. 

An amendment offered by Ms. Brown-Waite (#15) to insert a new 

section entitled ‘‘Sec. ll. Enhanced Perimeter Security and Access Control Through Comprehensive Screening of Airport Workers.’’; was WITHDRAWN by unanimous consent. A unanimous consent request by Ms. Brown-Waite to withdraw her amendment, was 

not objected to. 

An amendment offered by Mr. Lungren (#16) to insert a new section entitled ‘‘Sec. 1114. Federal Flight Deck Officers.’’; was WITHDRAWN by unanimous consent. A unanimous consent request by 

Mr. Lungren to withdraw his amendment, was not objected to. 

An amendment offered by Mr. Lungren (#17) to insert a new section entitled ‘‘Sec. 512. Strengthening Airport Security Through 

Biometrics and Strategic Deployment of Canines.’’; was WITHDRAWN by unanimous consent. A unanimous consent request by 

Mr. Lungren to withdraw his amendment, was not objected to. 

An amendment offered by Ms. Jackson-Lee (#18) on page 56, 

after line 2, insert a new section entitled ‘‘Sec. 512. Repeal of Chapter 97 of Title 5 United States Code.’’; was AGREED TO by a 

record vote of 17 yeas and 13 nays (Roll Call Vote No. 10). 

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62 

An amendment offered by Ms. Jackson-Lee (#19) to insert a new 

section entitled ‘‘Sec. ll. Report by Government Accountability 

Office Regarding Policies and Procedures of the Border Patrol.’’; 

was AGREED TO by voice vote, as amended. A unanimous consent 

request by Ms. Jackson-Lee to amend her amendment to include 

new subsections 1 and 2 detailing consultation groups, was not objected to. 

An amendment offered by Mr. McCaul (#20) to insert a new section entitled ‘‘Sec. ll. Department of Homeland Security Identity 

Verification and Access to Information.’’ was WITHDRAWN by 

unanimous consent. A unanimous consent request by Mr. McCaul 

to withdraw his amendment, was not objected to. 

An amendment offered by Mr. Rogers (#21) to insert a new section entitled ‘‘Sec. ll. Utilization of Non-Law Enforcement Officers as Instructors for Non-Law Enforcement Classes at the Border 

Patrol Training Academy.’’ was AGREED TO by voice vote. 

An en bloc amendment offered by Mr. Souder (#22) to insert a 

new title entitled ‘‘Title ll —Maritime Alien Smuggling’’; to insert at the end of title II a new section entitled ‘‘Sec. ll. Required 

Budget Line Item for Office of Counternarcotics Enforcement.’’; and 

to insert at the end of title II a new section entitled ‘‘Sec. ll. Designation of Office of Counternarcotics Enforcement as Sole Department Counternarcotics Enforcement Representative.’’; was 

AGREED TO by voice vote. A unanimous consent request by Mr. 

Souder to consider his amendments en bloc, was not objected to. 

An en bloc amendment offered by Ms. Jackson-Lee (#23) to insert 

a new section entitled ‘‘Sec. ll. Report by Government Accountability Office.’’; to insert a new section entitled ‘‘Sec. ll. TOPOFF 

Exercises.’’; and to insert a new section entitled ‘‘Sec. ll. Report 

by Government Accountability Office.’’; was WITHDRAWN by 

unanimous consent. A unanimous consent request by Ms. JacksonLee to withdraw her amendment, was not objected to. 

A motion by Ms. Sanchez that Staff is authorized to make any 

technical and conforming changes, was not objected to. 

A motion by Ms. Sanchez to authorize the Chairman to offer such 

motions as may be necessary in the House to go to Conference with 

the Senate on the bill just ordered reported by this Committee, or 

on a similar Senate bill; was not objected to. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of Rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 1684, the 

Department of Homeland Security Authorization Act for Fiscal 

Year 2008, would result in no new or increased budget authority, 

entitlement authority, or tax expenditures or revenues. 

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CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

MAY 2, 2007. 

Hon. BENNIE G. THOMPSON, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has completed the enclosed cost estimate for H.R. 1684, the Department of 

Homeland Security Authorization Act for Fiscal Year 2008. 

The CBO staff contacts for this estimate are Mark Grabowicz (for 

federal costs), Melissa Merrell (for the impact on state and local 

governments), and Paige Piper/Bach (for the impact on the private 

sector). 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 1684—Department of Homeland Security Authorization Act for 

Fiscal Year 2008 

Summary: H.R. 1684 would authorize the appropriation of $39.9 

billion for fiscal year 2008 to fund operations of the Department of 

Homeland Security (DHS). The bill also would authorize the appropriation of $456 million over the 2009–2012 period for certain DHS 

programs. In addition, CBO estimates that the bill would authorize 

the appropriation of $40 million over the 2009–2012 period for several other programs within DHS. CBO estimates that implementing H.R. 1684 would cost $39.5 billion over the 2008–2012 period, assuming appropriation of the necessary amounts. 

We estimate that enacting the legislation would increase revenues by $19 million over the 2008–2012 period and $46 million 

over the 2008–2017 period by allowing Customs and Border Protection officers to increase contributions to their retirement funds. Enacting the bill could affect direct spending, but we estimate that 

any such effects would not be significant. 

H.R. 1684 contains both intergovernmental and private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA). CBO estimates that the cost of those mandates would be 

well below the annual thresholds established by UMRA ($66 million for intergovernmental mandates and $131 million for privatesector mandates in 2007, adjusted annually for inflation). The bill 

also would create new grant programs that would benefit state, 

local, and tribal governments and would alter some existing programs. 

Estimated Cost to the Federal Government: The estimated budgetary impact of H.R. 1684 is shown in the following table. The costs 

of this legislation fall within budget functions 050 (national defense), 300 (natural resources and environment), 400 (transportation), 450 (community and regional development), 550 (health), 

600 (income security), 750 (administration of justice), and 800 (general government). 

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By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

DHS Spending Under Current Law 

Estimated Budget Authority a .................................. 33,962 0 2,175 0 0 0 

Estimated Outlays .................................................. 41,192 17,111 10,072 5,192 3,235 885 

Proposed Changes: 

DHS Operations b

Authorization Level ......................................... 0 39,625 0 0 0 0 

Estimated Outlays .......................................... 0 22,982 8,321 5,547 1,981 15 

Programs with Specified Funding: 

Grants to Prevent Document Fraud 

Authorization Level ................................ 0 120 100 80 0 0 

Estimated Outlays ................................. 0 26 68 98 71 33 

Metropolitan Medical Response System 

Authorization Level ................................ 0 63 63 63 63 0 

Estimated Outlays ................................. 0 4 20 43 59 59 

Other Programs with Specified Funding 

Authorization Level ................................ 0 28 28 28 28 3 

Estimated Outlays ................................. 0 22 28 28 28 8 

Other DHS Programs 

Estimated Authorization Level ........................ 0 28 27 8 2 2 

Estimated Outlays .......................................... 0 25 27 10 3 2 

Total Changes 

Estimated Authorization Levelb ............. 0 39,863 218 179 93 5 

Estimated Outlays ................................. 0 23,060 8,464 5,726 2,142 117 

Spending Under H.R. 1684 

Estimated Authorization Level ................................. 33,962 39,863 2,393 179 93 5 

Estimated Outlays ................................................... 41,192 40,171 18,536 10,918 5,377 1,002 

CHANGES IN REVENUES 

Estimated Revenues c ....................................................... 0 5 3 3 4 4 

a The estimated 2007 level is the amount of appropriations less offsetting collections for that year for operations of DHS. The 2009 level 

reflects an advance appropriation for a biodefense countermeasures program. b Section 101 of H.R. 1684 would authorize the appropriation of $39,863 million for fiscal year 2008 for DHS. Of that amount, the bill 

would authorize funding for certain programs in 2008; the remainder is shown as ‘‘DHS operations.’’ c CBO estimates that enacting H.R. 1684 would increase revenues by an additional $27 million over the 2013–2017 period. 

Basis of estimate: CBO estimates that implementing H.R. 1684 would cost $39.5 billion over the 2008–2012 period, assuming appropriation of the amounts authorized and estimated to be necessary. For this estimate, we assume that such amounts will be appropriated for each year. Estimated outlays are based on historical 

spending patterns for existing or similar programs. 

We estimate that enacting H.R. 1684 would increase revenues by 

$46 million over the 2008–2017 period. In addition, CBO estimates 

that the bill would have an insignificant effect on direct spending. 

Spending subject to appropriation 

H.R. 1684 would authorize appropriations for DHS operations in 

2008, including funding for document fraud grants, medical-response programs, and other activities. It also would authorize appropriations in 2009 and later years for these programs. 

DHS Operations for Fiscal Year 2008. Section 101 would authorize the appropriation of $39.9 billion for fiscal year 2008 to fund 

the operations of DHS. Of that amount, the bill would authorize 

specific funding levels for certain programs, covering a little more 

than $200 million of the $39.9 billion total. Those specified 

amounts are detailed below, along with authorizations for the 

2009–2012 period. 

DHS Programs with Specified Funding Levels. The bill also 

would authorize the appropriation of $456 million over the 2009–

2012 period to fund certain DHS programs. 

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Grants to Prevent Document Fraud. H.R. 1684 would authorize 

the appropriation of $100 million for 2009 and $80 million for 2010 

for grants to states to prevent fraudulent use of identification cards 

and other documents. CBO estimates that this program would cost 

$176 million over the 2009–2012 period. (Of the 2008 authorization total, the bill would authorize the appropriation of $120 million for 

such grants in that year.) 

Metropolitan Medical Response System. H.R. 1684 would author- ize the appropriation of $63 million annually over the 2009–2011 

period for DHS to assist local jurisdictions in responding to incidents involving mass casualties. CBO estimates that this program 

would cost about $120 million over the 2009–2012 period. (Of the 2008 authorization, the bill would authorize funding of $63 million 

for that year.) 

Other Programs. H.R. 1684 would authorize the appropriation of $25 million annually over the 2009–2011 period for DHS to establish a program to foster international cooperation on scientific research. The bill also would authorize the appropriation of $3 million annually over the 2009–2012 period to provide training on civil 

liberties issues to employees of fusion centers (state, local, and regional organizations that aim to prevent terrorist activity). CBO estimates that implementing these programs would cost about $85 

million over the 2009–2012 period. (The bill also specifies $28 million in authorized funding for those activities from the 2008 total.) 

Other DHS Programs. In addition, CBO estimates that the bill would authorize the appropriation of $40 million over the 2009– 2012 period for several other programs within DHS. 

H.R. 1684 would authorize the appropriation of sums necessary 

for fiscal years 2008 and 2009 for DHS to prepare assessments of 

terrorist threats using chemical, biological, nuclear, and other 

weapons or agents. Based on information from DHS about the 

funding provided for threat assessments for fiscal year 2007, CBO 

estimates that implementing this provision would cost $20 million 

in 2009. (Of the 2008 authorization total, CBO estimates that the 

bill would authorize $20 million for this activity.) 

H.R. 1684 would authorize appropriations for fiscal years 2009 

and 2010 for the DHS Office of the Inspector General (IG) to increase oversight of the Secure Border Initiative program. The bill 

would authorize the appropriation of at least 6 percent of the total 

IG budget for 2009 and at least 7 percent of the IG budget for 2010 

for increased oversight activities. The fiscal year 2007 appropriation for the IG was $85.2 million. Adjusting the 2007 level for anticipated inflation, CBO estimates that this provision would require 

additional funding of $5 million in 2009 and $6 million in 2010. (Of 

the 2008 authorization total, the bill would authorize the appropriation of $6 million for increased oversight activities.) 

Finally, H.R. 1684 would establish a program to improve systems 

to detect and combat biohazards. Based on information from DHS, 

CBO estimates that this program would require additional funding 

of about $2 million annually. (Of the 2008 total, CBO estimates 

that the bill would authorize $2 million for this activity.) 

Revenues and direct spending 

H.R. 1684 would allow certain Customs and Border Protection officers to elect law enforcement officer coverage under Title V of the 

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United States Code within five years of the bill’s enactment. CBO 

estimates that employee contributions would increase by $19 million over the 2008–2012 period and by $46 million over the 2008– 2017 period. 

Based on data provided by the Office of Customs and Border Protection and the Office of Personnel Management, CBO estimates 

that, in 2008, roughly 9,000 border patrol agents would be subject 

to treatment as federal law enforcement officers (LEOs) under the 

Federal Employees Retirement System (FERS). (This number 

would grow over time because newly hired border patrol agents 

would all come under the LEO classification.) As such, they would 

be required to pay an additional 0.5 percent of salary as retirement 

contributions, and earn higher accrual rates for their retirement 

benefits. Because of the more attractive retirement benefits offered 

LEOs, CBO assumes that 90 percent of officers under age 40 would 

opt for LEO status. (Because one needs 20 years of LEO status to 

receive the benefits accorded LEOs and there is a mandatory retirement age of 57, few agents over age 40 would switch status.) 

CBO estimates that the additional FERS contributions would 

total about $3 million in 2008 (based on an average salary of 

$60,000) and grow to $6 million annually by 2016. In addition, current agents who opt for LEO status could elect to have the status 

retroactively applied to service beginning in January 2003. Those 

agents could either make a lump-sum payment of 0.5 percent of 

salary for those years of service or accept an actuarial reduction in 

benefits equal to those contributions. In either case, service beginning in 2003 would be treated as LEO service for calculating retirement benefits. CBO assumes that 20 percent of agents would make 

lump-sum payments, and those payment would total $2 million in 

2008. The 20 percent assumption is consistent with the experience 

in the late 1980s when federal retirees were allowed to withdraw 

their own retirement contributions in exchange for an actuarially 

reduced benefit. In total, H.R. 1684 would increase revenues by $5 

million in 2008, $19 million over the 2008–2012 period, and $46 

million over the 2008–2017 period. 

H.R. 1684 would establish a new federal crime relating to alien 

smuggling. Because those prosecuted and convicted under the bill 

could be subject to criminal fines, the federal government might 

collect additional fines if the legislation is enacted. Criminal fines 

are recorded as revenues, then deposited in the Crime Victims 

Fund, and later spent. CBO expects that any additional revenues 

and direct spending would not be significant because of the small 

number of cases likely to be affected. 

Persons prosecuted and convicted under the bill also could be 

subject to the seizure of certain assets by the federal government. 

Proceeds from the sale of such assets would be deposited into the 

Assets Forfeiture Fund and spent from that fund, mostly in the 

same year. Thus, enacting H.R. 1684 could increase both revenues 

deposited into the fund and direct spending from the fund. However, CBO estimates that any increased revenues or spending 

would be negligible. 

Intergovernmental and private-sector impact: H.R. 1684 contains 

both intergovernmental and private-sector mandates, as defined in 

UMRA. CBO estimates that the cost of those mandates would be 

well below the annual thresholds established by UMRA ($66 milmstockstill on PROD1PC66 with HEARING

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lion for intergovernmental mandates and $131 million for privatesector mandates in 2007, adjusted annually for inflation). The bill 

also would create new grant programs that would benefit state, 

local, and tribal governments and would alter some existing programs. 

Mandates on public and private entities 

The bill would increase the cost of an existing mandate on sponsors of exchange visitors and on colleges and universities that accept international students. Under current law, those sponsors and 

schools collect and submit information about courses of study, addresses, and work activities for visitors and students who have F, 

J, or M visas. They currently track about 1 million visitors and students and send information to the Department of Homeland Security using a Web-based interface, known as the Student and Exchange Visitor Information System (SEVIS). This bill would require 

those sponsors and schools to ensure that the visitors and students 

are active participants in their program and are observed at least 

once every 60 days. That observation could be done in person or 

electronically. The total direct cost of the mandate would depend 

on regulations yet to be issued by DHS and would include the costs 

for observation, training, and upgrades for software. Based on information from industry sources, CBO expects that the incremental 

costs of complying with those new requirements would be small relative to the annual UMRA thresholds. 

Additional private-sector mandate 

H.R. 1684 would impose another private-sector mandate, as defined in UMRA, by prohibiting individuals and entities from using 

specific words, initials, titles, or the insignia of DHS in connection 

with certain activities without written permission. The bill would 

expand restrictions beyond those in current law. The cost of the 

mandate would be the cost of acquiring written permission to use 

such words or symbols or the forgone net value attributable to such 

uses in the event that permission is not granted. Based on information from DHS, CBO expects that the direct cost to comply with the 

mandate would be minimal. 

Other impacts on state, local, and tribal governments 

The bill would create two new grant programs that would benefit 

state, local, and tribal governments. Section 1112 would create the 

Metropolitan Medical Response System to help local governments 

prepare for incidents that result in mass casualties. Section 1113 

would create a grant program to increase the security of identity 

documents issued by state governments and to decrease the potential for those documents to be used fraudulently. Assuming the appropriation of authorized amounts, CBO estimates that those governments would receive about $480 million over the 2008–2012 period. In addition to creating new grant programs, the bill also 

would add new requirements to several existing grant programs. 

Any costs to state, local, and tribal governments for participating 

in the new or existing grants would be incurred voluntarily as a 

condition of receiving federal assistance. 

Estimate prepared by: Federal Spending: Mark Grabowicz. Federal Revenues: Craig Meklir. Impact on State, Local, and Tribal 

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Governments: Melissa Merrell. Impact on the Private Sector: Paige 

Piper/Bach. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the House 

of Representatives, H.R. 1684, contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. 

The Committee has included within H.R. 1684 provisions to authorize appropriations for the Department of Homeland Security 

for Fiscal Year 2008; establish a Directorate for Policy within the 

Department; provide for a Comprehensive Homeland Security Review to be periodically conducted within the Department; address 

financial accountability with regard to Secure Border Initiative 

contracts; authorize Federal annuitants to strengthen personnel at 

several Department agencies; require additional checks on potential contractors to enhance Department operations and increase 

transparency; encourage opportunities for small and minorityowned businesses to partner with the Department; authorize the 

Chief Medical Officer and the Office of Health Affairs within the 

Department; improve risk assessment and the material threats 

process; establish the National Biosurveillance Integration Center; 

strengthen cybersecurity and communications for both the Department and the Nation; enhance research and development for 

cybersecurity; demand delivery of the overdue strategic plan from 

the Department’s Science and Technology Directorate; streamline 

SAFETY Act (6 U.S.C. 441) and antiterrorism technology procurement processes; strengthen and improve border security operations, 

including US–VISIT, the Student and Exchange Visitor Program, 

and training for Border Patrol Agents; strengthen information 

sharing efforts through fusion centers; and authorize the Metropolitan Medical Response System, among others. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with clause 9(a) of Rule XXI of the Rules of the 

House of Representatives, the following Members submitted congressional earmarks, limited tax benefits, or limited tariff benefits 

as included in H.R. 1684. 

Section Member Amount Earmark 

Sec. 303 ............................ Mr. Reichert .................... $500,000 Dedicated for a new Office of the Inspector General field office in Bellingham, Washington. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

1, which grants Congress the power to provide for the common Defense of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section establishes the short title of H.R. 1684 as the ‘‘Department of Homeland Security Authorization Act for Fiscal Year 

2008.’’

Section 2. Table of contents 

This section lists the contents of H.R. 1684. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS

Section 101. Department of Homeland Security 

This section authorizes $39,863,000,000 in appropriations for the 

Department of Homeland Security for Fiscal Year 2008. 

TITLE II—POLICY AND MANAGEMENT IMPROVEMENTS

Section 201. Establishment of Directorate for Policy 

This section establishes a Directorate for Policy within the Department of Homeland Security, which shall be headed by the 

Under Secretary for Policy. Within the Directorate for Policy, this 

provision creates the Office of the Private Sector, which shall be 

administered by an Assistant Secretary for the Private Sector; it 

also creates the Victim Assistance Officer, the Tribal Security Officer, the Border Community Liaison Officer, and allows for such 

other offices as considered necessary by the Under Secretary for 

Policy. This section requires the Under Secretary for Policy to be 

Senate-confirmed, and to have the education, experience, demonstrated knowledge, ability, and skill in the fields of policy and 

strategic planning necessary to direct and supervise policy development for the programs, offices, and activities of the Department. 

This section also directs the Under Secretary for Policy, acting 

through the Assistant Secretary for Policy and Development, to ensure that all Departmental policies, programs, and activities appropriately consider the needs of and impact upon children. Additionally, one year following the enactment of this legislation, and on an 

annual basis thereafter, the Under Secretary for Policy shall report 

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to the Committee on Homeland Security of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs of the Senate on activities undertaken pursuant to 

this section and the resulting improvement in security for children, 

schools and other child-centered facilities. 

The Committee intends the Border Community Liaison Officer to 

serve as a liaison between elected officials, business leaders, residents, and other stakeholders in the northern and southern border 

regions and the Department on matters affecting border communities. The Committee expects that the Border Community Liaison 

Officer will convey input received from border stakeholders to the 

Department for use in the development and implementation of policies and programs affecting border communities. 

The Committee intends the Victim Assistance Officer to coordinate and serve as the point of contact for individuals affected by 

a terrorist attack or natural disaster, and their families. Moreover, 

the Victim Assistance Officer will coordinate with relevant officials 

throughout the Department to facilitate the dissemination of information regarding assistance programs and other forms of aid that 

may be available in the wake of a terrorist attack or disaster, as 

well as to coordinate other concerns raised by affected individuals. 

The Victim Assistance Officer also will coordinate Departmental responses to victims with similarly situated officials at the Federal 

Bureau of Investigation, the National Transportation Safety Board, 

and other Federal agencies which respond to an act of terrorism or 

natural disaster. 

The Committee is concerned that the Department of Homeland 

Security has thus far made too little effort to address the needs of 

children, and done too little to meet the emergency planning needs 

of schools, Head Start centers, after school programs, and other facilities for children. This deficiency extends to all areas of planning—prevention and mitigation, preparedness, response, and recovery—as well as to accommodations for the physical and mental 

health of children as unique from that of adults. This new responsibility for the Department’s Policy Directorate will raise the profile 

of children’s needs across the Department and help to ensure that 

their needs are met. 

The Committee expects that the Under Secretary for Policy will 

work to assess the Department’s programs to see how they are addressing the particular vulnerabilities of children to attack and 

providing the resources necessary for planning, preparedness, and 

response in schools, Head Start centers, after school programs, and 

other facilities for children. The Committee does not mean to create 

a new layer of bureaucracy, but instead to facilitate the development of materials and standards that are appropriate for children 

across the Department and to leverage knowledge to the benefit of 

the Department’s various programs. 

The Committee is particularly concerned about the needs of 

schools, including whether they have the resources necessary to develop and implement emergency response plans and appropriate 

training programs. The Committee recommends that the Department work to identify ways to provide assistance to schools in planning, training, and equipment. The Committee further recommends 

that national planning efforts include school preparedness as a 

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high priority and that schools are considered in risk assessment 

and communication programs going forward. 

The Committee intends the report requested under section 201 

to consider the following issues as well as other issues identified 

by the Policy Directorate: measurable improvements in security for 

children, schools and other child-centered facilities; steps taken to 

develop response plans that are focused on the needs of children; 

training efforts for first responders, medical personnel, and other 

front-line actors on issues that affect children differently than 

adults; and preparedness plans that provide equipment and resources that are appropriate for the disaster needs of children. 

The Committee recommends that the annual report, in addition 

to being a tool for assessing the Department’s progress in addressing the needs of children and their schools, also provide recommendations to Congress and the Department for ways to improve planning and preparedness for children. 

Section 202. Direct line authority for chief operating officers 

This section confers authority to the Chief Financial Officer, the 

Chief Procurement Officer, the Chief Information Officer, the Chief 

Human Capital Officer, the Chief Administrative Officer, and the 

Chief Security Officer (Chief Operating Officers) of the Department 

of Homeland Security over their counterparts in the Department’s 

components to direct planning, operations, and training, as well as 

personnel activities, the budget, and other financial resources of 

the Department to ensure compliance with Department-wide policies and plans. This section also requires Chief Operating Officers 

to coordinate with heads of the component agencies when executing 

the authority conferred by this provision. 

Section 203. Comprehensive Homeland Security review 

This section directs the Secretary of Homeland Security to undertake a Comprehensive Homeland Security Review (CHSR) for the 

Department of Homeland Security (the Department) at the beginning of every new presidential administration, similar to the Quadrennial Defense Review done at the Department of Defense. The 

purpose of the review is to ensure that personnel, assets, organizational structure, budget plans, and procurement process are 

aligned with the Department’s mission and the National Strategy 

for Homeland Security. The CHSR is to be submitted with the 

President’s budget in the years that the review is due. 

This section requires the Secretary to consult with key officials 

of the Department in conducting the CHSR, including the Assistant 

Secretary of the Transportation Security Administration, the Commissioner of U.S. Customs and Border Protection, the Director of 

U.S. Citizenship and Immigration Services, the Assistant Secretary 

for Immigration and Customs Enforcement, the Director of the U.S. 

Secret Service, the Administrator of the Federal Emergency Management Agency, the Director of the Federal Law Enforcement 

Training Center, and the Commandant of the Coast Guard. 

Moreover, this section requires the CHSR to include a Department Strategy that is consistent with the most recent National 

Strategy for Homeland Security; it must define sufficient personnel, appropriate organizational structure, and other requirements necessary to execute the Department Strategy; and it must 

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identify a budget plan, acquisition strategy, procurement process, 

and other resources necessary to provide for successful execution of 

the Department Strategy. 

This section requires the Secretary to submit a report on the 

CHSR, to be submitted during the fiscal year following the fiscal 

year in which the CHSR is conducted. Under this section, the report must include a comprehensive assessment of the alignment between the Department Strategy and the human resources, infrastructure, assets, and organization of the Department; an explanation of any underlying assumptions used in conducting the 

CHSR; the human resources requirements and response capabilities of the Department relating to terrorist attacks, major disasters, and other emergencies; the strategic and tactical air, border, 

sea, and land capabilities and requirements for supporting the Department Strategy; the nature and appropriateness of homeland security operational capabilities, including scientific and technological 

resources and their anticipated effects on human resources; and 

any other matters the Secretary considers appropriate. 

This section also requires each report to discuss the aforementioned issues with a focus on reducing and managing risk, as well 

as preparing for, mitigating against, responding to, and recovering 

from terrorist attacks, major disasters, and other emergencies. 

While the Committee understands that the Department of Homeland Security was hastily created in the wake of the terrorist attacks of September 11, 2001, the Committee is concerned that 

there is no clear and coherent homeland security policy planning 

to ensure that the Department’s assets are properly aligned to fulfill its homeland security mission. The Committee believes that the 

CHSR will be an important tool for the Department to utilize in 

meeting the continuing challenge of systematic policy development. 

The Committee would like to emphasize that the initial review will 

be conducted during Fiscal Year 2009, and that each subsequent 

Comprehensive Homeland Security Review will be conducted at the 

beginning of the first term of each new presidential administration, 

rather than at the start of every new presidential term. 

Section 204. Qualifications for the Under Secretary for Management 

This section sets out the following qualifications for the Department of Homeland Security’s Under Secretary for Management: extensive executive level leadership and management experience in 

the public or private sector, strong leadership skills, a demonstrated ability to manage large and complex organizations, and 

a proven record of achieving positive operational results. This section allows the Secretary of Homeland Security to retain the incumbent Under Secretary for Management without resubmitting 

his name to the Senate for confirmation, so long as he issues a 

statement that informs Congress that the incumbent Under Secretary meets the prescribed qualifications. 

Section 205. Sense of Congress regarding consolidation of department headquarters 

This provision expresses the sense of Congress that the planned 

consolidation of the Department of Homeland Security and its key 

component headquarters on the West Campus of St. Elizabeth’s 

Hospital and should move forward as expeditiously as possible, 

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with all the agencies involved in this effort bearing those costs for 

which they are responsible. 

Section 206. Required budget line item for Office of Counternarcotics Enforcement 

This section requires a line item in the budget for the Office of 

Counternarcotics Enforcement to strengthen the Office’s authority 

over its general budget. The Committee believes that designating 

a line item in the Federal budget for the Office of Counternarcotics 

Enforcement will strengthen the Congressional oversight role of 

this important component of the Department of Homeland Security 

and strengthen the Office’s ability to perform its mission to help 

stop the entry of illegal drugs into the United States. 

Section 207. Designation of Office of Counternarcotics Enforcement 

as primary department counternarcotics representative 

This section requires the Department of Homeland Security to 

recognize the Office of Counternarcotics Enforcement as the primary representative on all counternarcotics related committees and 

taskforces. The Committee believes this designation will strengthen 

the role of this office and solidify the Office’s role as the chief counternarcotics policymaker for the Department of Homeland Security. 

Section 208. Granting line authority to the Assistant Secretary for 

Legislative Affairs 

This section provides the Assistant Secretary for Legislative Affairs at the Department of Homeland Security with the requisite 

authority to ensure that component agencies adhere to the laws, 

rules, regulations, and departmental policies set by the Assistant 

Secretary. This provision also authorizes the Assistant Secretary 

for Legislative Affairs to make recommendations concerning hiring, 

reassignment, and termination of individual employees; develop 

performance measures; submit performance evaluations; and withhold funds from component agencies. 

The Committee recognizes the need for strengthening line authority of key officers at the Department’s headquarters level to 

continue to advance the integration of the Department’s components. The Committee provided direct line authority to the Department’s chief operating officers, as reflected in Section 202, and 

specified key authorities of the Chief Security Officer, as reflected 

in Section 509. Similarly, it is the Committee’s view that the Assistant Secretary for Legislative Affairs requires additional authority to further integrate the activities of the legislative affairs offices 

in the Department’s component agencies. 

The Committee believes these enhanced authorities for the Assistant Secretary for Legislative Affairs will help advance integration of the Department, while improving the quality and timing of 

the Department’s responses to congressional inquiries and requests. 

TITLE III—OVERSIGHT IMPROVEMENTS

Section 301. Secure Border Initiative Financial Accountability. 

This section requires the Office of the Inspector General (OIG) of 

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der Initiative (SBI) contract valued at greater than $20 million to 

ensure compliance with cost requirements, performance objectives, 

small business participation goals, and other objectives. This section also requires the OIG to complete a review on the progress of 

contracts and compliance issues not later than 60 days after the 

contract action and at the conclusion of the performance of the contract. Under this provision, the review will determine whether each 

action fully complies with applicable cost requirements; performance objectives; program milestones; requirements for the inclusion 

of small, minority, and women-owned businesses; and applicable 

timelines. 

This section requires OIG to submit a report to the Secretary on 

Homeland Security on its findings, upon completion of each review. 

In addition, within 30 days of receipt of each OIG report, this section requires the Secretary to submit a report to the Committee on 

Homeland Security in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate that outlines steps that Secretary has taken or plans to take 

to address OIG’s findings, including those regarding any cost overruns, significant delays in contract execution, lack of rigorous departmental contract management, insufficient departmental financial oversight, bundling that limits the ability of small businesses 

to compete, or other high risk business practices. 

The provision authorizes additional appropriations for OIG to 

conduct this additional oversight, and if, in the course of this oversight, OIG becomes aware of improper conduct or wrongdoing, this 

section requires OIG to report the matter to the Secretary as expeditiously as possible. 

The Committee believes it is important to closely monitor the development and implementation of SBI and the SBInet border surveillance program. The Committee is concerned about the mismanagement of SBI’s predecessor border surveillance programs, 

the Integrated Surveillance and Intelligence System and America’s 

Shield Initiative. This section is intended to ensure the mistakes 

of the past are not repeated in the implementation of the more expensive and more complex SBI. 

Section 302. Authorization Liaison Officer 

This section creates the position of Authorization Liaison Officer 

within the office of the Chief Financial Officer to ensure responsiveness to the authorizing Congressional committees and to work 

with the Appropriations Liaison Officer to coordinate the sharing 

of all reports prepared for the Congressional appropriations committees. 

Section 303. Office of the Inspector General 

This section authorizes $108.5 million in appropriations to the 

Office of the Inspector General (OIG) of the Department of Homeland Security to provide additional resources to restore capacity for 

oversight of the Department in light of the diversion of resources 

to create the OIG standing disaster preparedness, response and recovery oversight shop. Of this authorization, $500,000 is dedicated 

for a new field office in Bellingham, Washington. The Committee 

notes that the total amount authorized by this provision is more 

than $9 million above the President’s funding request. 

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Section 304. Congressional notification requirement 

This section requires the Secretary of Homeland Security to actively consult with the Committee on Homeland Security in the 

House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate, and to keep the committees fully informed of the Department’s activities. Under this 

provision, the Secretary may submit any required information in 

classified form if the information is classified pursuant to applicable national security standards. 

The Committee wishes to emphasize the importance of Congressional notification and consultation by the Department of Homeland Security as the Department implements reforms, streamlines 

organization and procedure, and endeavors to fulfill its homeland 

security missions. 

Section 305. Sense of Congress regarding oversight of Homeland Security 

This section expresses the sense of Congress that the House of 

Representatives and the Senate should implement the recommendation of the National Commission on Terrorist Attacks 

Upon the United States (9/11 Commission) to designate a committee in each chamber to serve as the single, principal point of 

oversight and review for homeland security and to authorize the 

activities of the Department. 

TITLE IV—PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS

Section 401. Homeland Security procurement training 

This section requires the Chief Procurement Officer (CPO) of the 

Department of Homeland Security to (1) create courses, including 

any required curriculum, to train acquisitions employees about 

homeland security procurement; (2) develop a system of maintaining records on student enrollment; and (3) submit a report on procurement training records including enrollment, graduates, and 

certification. This provision also creates a new Council on Procurement Training within the Department, to be composed of the chief 

procurement officers of the United States Coast Guard, the Transportation Security Administration, the Office of Procurement, Immigration and Customs Enforcement, Customs and Border Protection, the Federal Emergency Management Agency, the Federal Law 

Enforcement Training Center, and the United States Secret Service. This provision directs the Council to consult with the CPO in 

developing the program and identify acquisitions employees who 

should receive such training. Eligible employees are individuals 

who, for at least 50 percent of their time, are involved in acquisitions, procurement-related program management, or oversight. 

The Committee wishes to note that the language in this section 

is very similar to certain provisions of H.R. 803, which was introduced by Rep. Carney on February 5, 2007. That bill, the Department of Homeland Security Procurement Improvement Act of 2007, 

was cosponsored by other Committee Members, including Chairman Thompson of Mississippi, Ranking Member King of New York, 

and Rep. Rogers of Alabama. 

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Section 402. Authority to appoint and maintain a cadre of Federal 

annuitants for procurement offices 

This section authorizes the Secretary of Homeland Security to 

hire up to 250 annuitants with experience in procurement and contract management to support the Department of Homeland Security’s acquisitions capabilities and enhance contract management 

throughout the Department. This provision bars the hiring of an 

annuitant if it means that an employee would be displaced. 

The Committee observes that, since its creation, the Department 

has had significant and continuing problems in effectively managing all aspects of the procurement cycle. One of the primary reasons for this difficulty is a shortage of trained and experienced contracting personnel. The Committee acknowledges that the Department has recently announced initiatives that could, in the long 

term, develop a cadre of skilled in-house contracting professionals. 

The Committee believes this provision will help address the short 

term staffing needs of the Department’s procurement offices, as 

well as provide a group of experienced contracting professionals to 

assist in training newly hired staff. 

Section 403. Additional requirement to review past performance of 

contractors 

This section requires the Secretary of Homeland Security to consider past performance of a contractor before deciding whether to 

award such contractor with a contract. This provision also requires 

the contractor, as a part of the contract bid, to submit information 

regarding the contractor’s past performance of Federal, State, local, 

and private sector contracts. 

The Committee wishes to note that the language in this section 

is very similar to certain provisions of H.R. 803, which was introduced by Rep. Carney on February 5, 2007. That bill, the Department of Homeland Security Procurement Improvement Act of 2007, 

was cosponsored by other Committee Members, including Chairman Thompson of Mississippi, Ranking Member King of New York, 

and Rep. Rogers of Alabama. 

Section 404. Requirement to disclose foreign ownership or control of 

contractors and subcontractors. 

This section requires the Chief Procurement Officer of the Department of Homeland Security to conduct an independent review 

of each procurement for compliance with the Buy American Act (41 

U.S.C. 41 10a–10d). It also requires companies that apply for a contract to disclose whether they or any of their subcontractors are 

owned or controlled by a foreign person or entity. This provision requires such disclosures to be continuously, including instances 

where there is a change in ownership or subcontractors during performance of the contract. Under this section, foreign ownership occurs when 50 percent or more of the voting stock or other ownership interest is controlled by a foreign national, corporation, or government. 

In the Department of Homeland Security Inspector General’s 

Semiannual Report to Congress for the period April 1, 2006 to September 30, 2006, the Office of the Inspector General stated that it 

is unable to ‘‘determine whether DHS complied with the Buy American Act (BAA) requirements on a comprehensive, agency-wide 

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level because of system limitations and manual reporting errors.’’ The Committee believes that this is unacceptable, and included 

this provision to emphasize the importance the Committee places 

on BAA compliance. 

Section 405. Integrity in contracting 

This section amends the Homeland Security Act of 2002 (6 

U.S.C. 361 et seq.) by adding certain requirements to the contracting process, including requiring attestation by contractors bidding for government contracts that affirmatively discloses any substantial role the bidder, employees of the bidder, or any corporate 

parent or subsidiary of the bidder may have played in certain activities bringing about the bid; additional requirements for bidders 

who disclose such roles; and certification of whether the bidder is 

in default on any payment to the Federal government or owes any 

delinquent taxes. 

Section 406. Small business utilization report 

This section requires the Chief Procurement Officer of the Department of Homeland Security, within 360 days of enactment, to 

submit a report to the Secretary of Homeland Security, the Committee on Homeland Security in the House of Representatives, and 

the Homeland Security and Governmental Affairs Committee in 

the Senate, that identifies each program in the Department where 

government-wide goals for small business participation are not 

met. 

In addition, this section requires the Chief Procurement Officer, 

within 90 days of submission of such report, to submit to Congress 

an action plan, including performance measures and timetables for 

each program to meet the Government-wide goals of ensuring that 

at least 3 percent of Department procurement contracts is awarded 

to HUBZone and veteran-owned businesses and that at lease 5 percent is awarded to women-owned and economically-disadvantaged 

businesses. 

This section also directs the Chief Procurement Officer to give 

priority to small business concerns for all open market procurements exceeding the simplified acquisition threshold prior to initiating full and open, or unrestricted, competition; and it sets the 

order of priority. 

Section 407. Requirement that uniforms, protective gear, badges, 

and identification cards of homeland security personnel be 

manufactured in the United States 

This section provides that funds appropriated to the Department 

of Homeland Security may not be used for procurement of uniforms, protective gear, badges, or identification cards for Department personnel if those items are not manufactured in the United 

States. However, under this provision, the requirement does not 

apply if the Secretary of Homeland Security determines that such 

items cannot be procured at a satisfactory level of quality or sufficient quantity. In those instances, the Secretary must notify the 

Committee on Homeland Security in the House of Representatives 

and the Committee on Homeland Security and Governmental Affairs in the Senate within 7 days of making the determination; certify that the items which are not made in the United States do not 

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pose a risk to national security; and explain how the foreign provider of the items is ensuring that materials, patterns, logos, and 

designs used in or for those items will not be misappropriated. This 

section does not affect any waiver under §301 of the Trade Agreements Act of 1979 (19 U.S.C. 13). Finally, to ensure that this provision does not adversely impact domestic textile manufacturers, the 

Secretary is directed to take all available steps to ensure that producers of the listed items use domestic textiles. 

The Committee notes that, in the past, Department uniforms— including those for the United States Border Patrol—have not been 

manufactured domestically, raising serious security concerns that 

this provision is intended to address. The Committee would also 

like to acknowledge that this provision is identical to a bill previously introduced by Rep. Etheridge and co sponsored by Rep. 

Rogers of Alabama and Rep. Thompson of Mississippi. 

Section 408. Department of Homeland Security mentor prote ́ge ́ program 

This section authorizes the Department of Homeland Security’s 

Mentor Prote ́ge ́ program within the Office of Small and Disadvantaged Business Utilization. The program, which is already established, motivates and encourages large business prime contractor 

firms to provide developmental assistance to small and disadvantaged businesses. This section also directs the Secretary to publicize and ensure that Department contractors and offerors are 

made aware of the benefits of participating in the program. Under 

this provision, one benefit is that a firm’s efforts to seek and develop a formal mentor prote ́ge ́ relationship will be a positive factor 

in the Department’s evaluation of any bid or offer for a Department 

contract. Finally, this section directs the Inspector General of the 

Department to conduct a review of the program, including an assessment of the program’s effectiveness and identification of any 

barriers that restrict contractors from participating in the program. 

Section 409. Prohibition on award of contracts and grants to educational institutions not supporting coast guard efforts 

This section prohibits the Secretary of Homeland Security from 

awarding a contract or grant to an institution of higher education 

that refuses to allow the United States Coast Guard access to its 

campuses and students for the purposes of recruiting. This section 

also provides a safeguard exemption for universities with a history 

of pacifism based on religious beliefs. 

The Committee wishes to emphasize that the Coast Guard plays 

a strong role in protecting our Nation. The Coast Guard has both 

humanitarian and homeland security missions, including port security, migrant interdiction, maritime border security, search and 

rescue, and the protection of living marine resources. Coast Guard 

recruits are afforded the opportunity to participate in any of these 

missions. 

Section 410. Report on source of shortfalls at Federal Protective 

Service 

This section enjoins the Secretary of Homeland Security from 

conducting a reduction in force or furlough of the workforce of the 

Federal Protective Service (FPS) until the Comptroller General of 

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the United States submits to the Committees on Homeland Security and Transportation and Infrastructure in the House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate a report on the source of shortfalls 

at FPS. Moreover, this section prohibits the Secretary from conducting such a reduction in force or furlough until the three aforementioned Congressional Committees have held hearings on the report. 

The Committee would oppose significant reductions to the Department’s workforce absent an independent investigation to ensure that such reductions are necessary. To address the issue, the 

Committee recently issued a request to the Government Accountability Office (GAO) to investigate the reason for reducing the Federal Protective Service workforce. As of the date of this report, 

GAO has confirmed that it will investigate the source of shortfalls 

and report back to the requesting Committees. 

TITLE V—WORKFORCE AND TRAINING IMPROVEMENTS

Section 501. Customs and Border Protection officer pay equity 

This section grants law enforcement status for retirement purposes to Customs and Border Protection (CBP) Officers, specifically 

to individuals that work in this capacity on the date of enactment 

and retire or leave within 5 years of enactment. If a CBP Officer 

chooses to make contributions to their retirement accounts to make 

up the difference of what should have been contributed in the past, 

had they been conferred law enforcement status previously, this 

section requires the Department of Homeland Security to add the 

amount it would have contributed, had such status been conferred 

previously. 

The Committee appreciates the dedicated law enforcement work 

of legacy employees from the Departments of Justice and Treasury 

who currently serve as Customs and Border Protection (CBP) Officers under the Department’s One Face at the Border Initiative to 

streamline the inspection process at ports of entry. The Committee 

notes that, while CBP was created in March 2003, the title ‘‘Customs and Border Protection Officer’’ was not adopted until July 

2004. Thus, for the purposes of this section, the definition of ‘‘prior 

qualified service’’ applies to predecessor positions held by CBP enforcement personnel, including Customs Inspectors, Canine Enforcement Officers, and Immigration Inspectors as of March 2003. 

Based on its oversight, the Committee recognizes that many duties of these officers formerly included law enforcement activities 

such as the investigation or apprehension of individuals suspected 

or convicted of criminal offenses, and many of these officers were 

authorized and trained to carry firearms. The Committee continues 

to investigate options for providing equitable recognition of law enforcement service by individuals who served in legacy agencies 

prior to the Department’s creation. 

Section 502. Plan to improve representation of minorities in various 

categories of employment 

This section requires the Chief Human Capital Officer of the Department of Homeland Security to submit a plan to address the 

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ment within 90 days of enactment. This section also requires that, 

within one year of the issuance of such a plan, the Government Accountability Office issue an assessment of the plan, including the 

likelihood that the Department will achieve the goal of sufficiently 

addressing underrepresentation. This section defines ‘‘underrepresentation,’’ ‘‘minority groups,’’ ‘‘minorities,’’ and ‘‘category of civil 

service employment.’’

Section 503. Continuation of authority for federal law enforcement 

training center to appoint and maintain a cadre of federal annuitants 

This section extends authority of the Federal Law Enforcement 

Training Center to hire and maintain Federal annuitants as trainers until December 31, 2008. 

Section 504. Authority to appoint and maintain a cadre of Federal 

annuitants for Customs and Border Protection 

This section authorizes the Secretary of Homeland Security to 

hire up to 500 annuitants with experience in border security to accelerate the ability of Customs and Border Protection (CBP) to secure the borders. This provision also bars the hiring of an annuitant where an employee would be displaced. 

This section provides CBP with temporary authority to rehire up 

to 500 annuitants to provide necessary capacity to deploy a sufficient number of Border Patrol agents between the ports of entry 

and CBP inspectors at the ports of entry. The Committee intends 

this authority to allow CBP to utilize the wealth of experience and 

expertise held by annuitants to train and supervise new personnel 

as they are hired, as well as to meet the demand for highly trained 

agents and inspectors in the interim. The Committee would like to 

note that nothing in this provision is intended to limit rights to 

which employees are otherwise entitled under the law. 

Section 505. Strengthening border patrol recruitment and retention 

This section requires the Secretary of Homeland Security to develop a plan to address the recruitment and retention challenges 

of hiring border patrol agents by, among other things, utilizing pay, 

recruitment, relocation, and retention bonuses to attract and maintain the border security workforce. This section also requires the 

Secretary to submit a report to Congress. 

The Committee intends that the plans outlined in this section 

will focus on providing incentives to Border Patrol agents, including the payment of bonuses, increases in the pay percentage differentials for agents living in high cost areas, and mechanisms to 

allow agents to transfer locations after the first two years of service. The Committee also intends this section to assist Customs and 

Border Protection (CBP) in recruiting and retaining a top quality 

Border Patrol workforce, particularly as the Department attempts 

to increase the size of the Border Patrol to 18,000 agents by the 

end of calendar year 2008. 

Section 506. Limitation on reimbursement relating to certain 

detailees 

This section restricts payment by the Department of Homeland 

Security to specialized detailees hired under the Intergovernmental 

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Personnel Act (IPA) (5 U.S.C. 3371 3375) to no more than the highest salary available under the Senior Executive Service. 

The Committee learned during an investigation in the 109th 

Congress that a high ranking official was being paid in excess of 

$230,000 per year under his arrangement with the Department of 

Homeland Security. The Committee views this provision as a step 

toward ensuring that the Department will not enter into such an 

arrangement again. The Committee would also like to acknowledge 

that this provision was previously offered as an amendment by 

Rep. Loretta Sanchez and accepted during the markup of H.R. 5814 

in the 109th Congress. 

Section 507. Integrity in post employment 

This section closes a loophole in the law so that no agency or bureau within the Department of Homeland Security is deemed to be 

a separate entity with respect to lobbying regulations. This section 

requires that the Department be excluded from the post employment restrictions under Title 18, section 207(h)(1) of the United 

States Code, which allows for an agency designation of separate entities for purposes of administering the post employment restrictions. 

The Committee recognizes that excluding the Department from 

Title 18, section 207(h)(1) of the U.S. Code will help ensure accountability and integrity, both of which are paramount for the Department to maintain the highest professional and ethical standards and to effectively protect the nation. The Committee has determined that while more could be done to improve post employment accountability and integrity, this is a significant step in the 

improving post employment restrictions. 

Section 508. Increased security screening of Homeland Security officials 

This section requires the Secretary of Homeland Security to conduct a Department wide review of the security clearance and suitability review process for employees, contractors, State, local and 

private sector officials, within 90 days of enactment. Based on the 

review’s findings, this section directs the Secretary to take all necessary steps to strengthen the Department’s security policies. In 

developing steps, the Secretary shall assess whether all components meet or exceed Federal or Department security clearance 

standards; whether the Department has a cadre of well trained security clearance adjudicators; and whether suitability reviews are 

undertaken when individuals are transferred from components to 

the Department’s headquarters. 

In the 109th Congress, the Subcommittee on Management, Integration, and Oversight held a hearing on the security practices at 

the Department. The Subcommittee reviewed serious examples of 

criminal conduct by departmental officials and a transportation 

contract awarded to a company whose owner had multiple felony 

convictions and a poor business record. 

The Committee has determined that additional steps should be 

taken to increase security screening of departmental officials. Thus, 

this section requires a department wide review to ensure the Department’s security screening practices are improved. 

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The Committee believes the Secretary of Homeland Security 

must ensure that (1) all Departmental components meet or exceed 

Federal and departmental standards for security clearance investigations, adjudications, and suitability reviews; (2) the Department has a sufficient number of well trained adjudicators; and (3) 

suitability reviews are conducted for Department employees who 

transfer into headquarters from a departmental component. 

Section 509. Authorities of Chief Security Officer 

This section establishes the Chief Security Officer in the Department of Homeland Security and sets forth four areas of responsibility: (1) personal security, facility access, security awareness and 

related training; (2) ensuring that components comply with Federal 

security clearance standards; (3) ensuring, to the greatest extent 

practicable, that State, local, and private individuals who need to 

access classified material from the Department are able to receive 

clearances in a timely fashion; and (4) performing all other functions as determined by the Secretary. 

The Committee remains concerned about the backlog in security 

clearances. In view of this, the Committee decided to require the 

Chief Security Officer to take steps to ensure, to the greatest extent practicable, that State and local officials, as well as private 

sector entities, who have a need to receive classified information 

from the Department receive the appropriate clearances as expeditiously as possible. 

Section 510. Departmental culture improvement 

This section requires the Secretary of Homeland Security to consider implementing the recommendations of the Homeland Security 

Advisory Council Culture Task Force Report of January 2007, and 

to choose an appropriate term to replace ‘‘human capital’’ in the 

Department’s operations, policies, and programs. 

The Committee included this section to address a number of personnel issues that continue to plague the Department. The 2006 

Federal Human Capital Survey measuring satisfaction among Federal employees issued by the Office of Personnel Management indicated the Department scored last or nearly last in every category. 

Specifically, the Survey notes that the Department had the lowest 

score of any Federal agency or department on the job satisfaction 

index and the results oriented performance culture index. The Department also received low scores on the leadership and knowledge 

management index and the talent management index. 

In June 2006, the Secretary of Homeland Security requested that 

the Homeland Security Advisory Council (HSAC) review the culture of the Department and issue recommendations on ways to improve it. The HSAC’s Homeland Security Culture Taskforce drew 

on the experience of leaders in the private sector, and recommended that the Department further define its role; implement 

homeland security management and leadership models; establish 

an operational leadership position; create leadership empowered 

teamwork and a ‘‘blended culture’’; engage the State, local, Tribal, 

and private sectors in an ‘‘outside the Beltway focused’’ collaborative process; and institutionalize the opportunity for innovation. 

The Committee seeks to ensure that continued progress is made. 

Thus, this section requires the Secretary of Homeland Security, 

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acting through the Chief Human Capital Officer, to consider implementing recommendations set forth in the Homeland Security Advisory Council Culture Task Force Report of January 2007. 

The Committee further notes that one of the Culture Task Force 

recommendations reflected empowering employees by ‘‘dropping the 

buzzword ‘Human Capital’ and replacing it with ‘employees’ or ‘members’ of DHS.’’ The Committee recognizes the importance of 

this key recommendation. The Committee also notes testimony by 

the Under Secretary for Management on March 1, 2007, which supported replacing the phrase ‘‘human capital’’ with a term more appropriately reflective of the DHS workforce. 

Section 511. Homeland Security Education Program Enhancements 

This section amends §845(b) of the Homeland Security Act of 

2002 (6 U.S.C. 361 et seq.) to require the Administrator of the 

Homeland Security Education Program at the Department of 

Homeland Security to use curricula modeled on existing Department reviewed Master’s Degree curricula in homeland security, in 

conjunction with numerous other media and facilities (including 

the National Domestic Preparedness Consortium, the National Fire 

Academy, and the Emergency Management Institute) and to allow 

the Administrator to develop additional educational programs as 

appropriate. 

The Committee believes that the Department should use all appropriate existing educational resources to fully leverage and maximize these assets as a cost effective and efficient way to implement 

and operate the Homeland Security Education Program. Therefore, 

this section expands the pool of statutorily authorized education 

components the Department should utilize to include asynchronous 

distance learning, video conferencing, and curricula modeled on existing Department reviewed Master’s Degree curricula in homeland 

security. 

Section 512. Repeal of Chapter 97 of Title 5, United States Code 

This section repeals Chapter 97 of Title V in the United States 

Code, and voids any regulations promulgated thereunder. 

The Committee wishes to emphasize that Department of Homeland Security employees must be afforded the same protections as 

other civil service employees. In the Committee’s view, the first 

step in ensuring these rights is to repeal the authority of the Department to establish a separate personnel system. The Committee 

recognizes that, given the President’s prerogative to suspend any 

protections offered to civil service employees during a state of 

emergency, any additional personnel systems are unnecessary. 

Section 513. Utilization of non law enforcement officers as instructors for non law enforcement classes at the Border Patrol Training Academy 

This section expands the ability of the Federal Law Enforcement 

Training Center (FLETC) to increase its pool of trainers to meet 

growing homeland security needs and respond in national emergencies. Specifically, this section would allow qualified Federal employees to teach non law enforcement courses at FLETC where appropriate, to ensure the most efficient and cost effective training 

for Border Patrol agents and other law enforcement personnel. 

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The Committee recognizes that since the terrorist attacks of September 11, 2001, the need for FLETC training has increased dramatically, and the Center is under significant strain to provide 

training to Federal law enforcement officers. The Border Patrol, for 

example, currently is working to increase its force by approximately 6,000 agents over the next two years and, given attrition 

rates, the Border Patrol will need to hire and train approximately 

8,800 agents using FLETC programs. 

The Committee is aware that FLETC currently uses only personnel with extensive law enforcement experience to teach in 

FLETC basic training programs, and the Border Patrol specific portion of this training is taught by current and former Border Patrol 

agents. The Committee believes it is critical to have as many of 

these agents as is feasible guarding the Nation’s borders, rather 

than teaching non law enforcement classes that could be taught by 

other qualified Federal employees. The Committee recognizes, however, that even non law enforcement classes need to be tailored for 

the specific needs of law enforcement trainees and expects FLETC 

to take steps to ensure that the substance and quality of the training are not impacted by the use of other Federal employees. 

TITLE VI—BIOPREPAREDNESS IMPROVEMENTS

Section 601. Chief Medical Officer and Office of Health Affairs 

This section authorizes the Chief Medical Officer (CMO) within 

the Department of Homeland Security, to be appointed by the 

President and subject to Senate confirmation. This section also provides that the CMO will have the rank and title of Assistant Secretary for Health Affairs, which will assist the CMO when coordinating with counterparts in other Federal agencies. 

Moreover, this provision authorizes creation of the Office of 

Health Affairs, to be headed by the Chief Medical Officer. This section also requires that the CMO possess a demonstrated ability in 

and knowledge of medicine and public health. 

This section defines the responsibilities of the Chief Medical Officer in discharging the duties of the Office of Health Affairs, including serving as the advisor to the Secretary and the Department’s 

lead authority on matters relating to medical care, public health, 

food, water, veterinary, and agro defense; overseeing the Department’s medical personnel; administering the Department’s responsibilities for medical preparedness; acting as the primary point of 

contact with other Federal agencies on matters relating to medical 

care, public health, food, water, veterinary, and agro defense; serving as the Department’s primary point of contact with State and 

local governments, the medical community, and the private sector, 

on medical readiness and response; managing the National Biosurveillance Integration System, BioWatch, and the Department’s 

responsibilities for BioShield; ensuring science based policy, standards, requirements, and metrics for occupational health and safety 

of the Department’s workforce; supporting the Department’s components with respect to protective medicine and tactical medical 

support; developing, in coordination with appropriate Department 

entities, end to end plans for medical prevention, preparedness, 

protection, response, and recovery from catastrophic events; integrating into such end to end plans Department of Health and 

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Human Services’ efforts to identify and deploy medical assets used 

in preparation for or response to national disasters and catastrophes, and to enable access by medical personnel patient electronic medical records to aid treatment of displaced persons to ensure that actions of both Departments are combined for maximum 

effectiveness during an emergency consistent with the National Response Plan and other emergency support functions; performing 

such other duties as the Secretary may require; and directing and 

maintaining a coordinated system for medical support of the Department’s operations. 

The Secretary of Homeland Security established the Chief Medical Officer (CMO) in July 2005, following the Second Stage Review 

of the Department’s structure and operations. The CMO was approved by statute via the Department of Homeland Security Appropriations Act, 2007 (P.L. 109–295). The Committee believes this 

statutory language needs to be updated and expanded upon, given 

the growing recognition of the vital role of medical preparedness in 

homeland security missions. The Office of Health Affairs (OHA) 

was proposed by the Secretary in the President’s Fiscal Year 2008 

budget request and further centralizes responsibility for the medical component of disaster preparedness and response. 

Prior to the establishment of the CMO, the Department had no 

centralized structure for coordinating medical preparedness activities within the Department or with other agencies across the Federal government. The Committee believes that formally establishing OHA will ensure that the Department is able to effectively 

oversee medical preparedness and response activities and coordinate with other Federal agencies on these matters. 

The Committee intends that OHA will play a critical role in preparing for a possible influenza pandemic or for other emerging diseases, including foreign animal and zoonotic diseases, that could 

threaten National Security, and that it will provide guidelines for 

medical response plans to State and local first responders. The 

Committee believes that the Department needs dedicated staff to 

coordinate and integrate medical preparedness and response activities into overarching emergency response plans. The Committee 

feels that OHA will provide the critical on site expertise necessary 

to ensure effective Department leadership on emergency preparedness and response issues relating to medical care, public health, 

food, water, veterinary care, and agriculture. 

Section 602. Improving the material threats process 

This section modifies the Project BioShield Act of 2004 (P.L. 108–

276), to accelerate and prioritize the Department of Homeland Security’s performance of Material Threat Assessments (MTAs) and 

Material Threat Determinations (MTDs). This section requires the 

Secretary of Homeland Security to utilize existing risk assessments 

if deemed credible by the Secretary to accelerate completion of 

MTAs and MTDs for agents capable of significantly affecting national security. This section also directs the grouping of agents in 

completing MTAs and MTDs to the extent practicable and appropriate. This provision requires that MTDs for chemical, biological, 

radiological, and nuclear (CBRN) agents known to the Secretary 

prior to the date of enactment and which the Secretary considers 

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pleted by December 31, 2007. Moreover, it requires the Secretary 

to submit the results of all material CBRN threat or risk assessments to Congress within 30 days of the completion of each assessment. 

This section reauthorizes funds for the Department to conduct 

MTAs through 2009. It also authorizes the use of additional funds 

specifically for the purpose of accelerating the MTA and MTD processes to enable the Department to meet the December 31, 2007 

deadline. Under this provision, this funding may be used for conducting risk assessments where no credible ones exist. 

The Department of Health and Human Services procures countermeasures under Project BioShield, but before this procurement 

can take place, the Department of Homeland Security must issue 

MTDs identifying those agents which may pose a credible and immediate threat to national security, and conduct MTAs to provide 

information about such a threat, including an estimated number of 

exposed individuals, the geographical extent of the exposure, and 

other collateral effects. The Committee acknowledges that the pace 

with which the Department of Homeland Security is issuing and 

conducting MTDs and MTAs has improved in recent months, and 

the Committee directs the Secretary to maintain an aggressive 

schedule by utilizing known risk assessments where feasible. The 

Committee also directs the Secretary to complete all MTDs for 

those agents determined to be capable of significantly affecting national security by December 31, 2007. 

Section 603. Study on national biodefense training 

This section requires the Secretary of Homeland Security to conduct a study to determine the staffing and training requirements 

for construction or expansion/upgrading of biodefense laboratories 

at Biosafety Levels (BSL) 3 and 4. This section also directs the 

study to be conducted in consultation with the Secretary of Defense 

and the Secretary for Health and Human Services. 

This section provides that the study shall address the number of 

trained personnel, by discipline and qualification level, required for 

existing biodefense laboratories at BSL 3 and BSL 4; the number 

of research and support staff, including researchers, laboratory 

technicians, animal handlers, facility managers, facility or equipment maintainers, and safety and security personnel; the necessary 

training for the personnel to staff BSL 3 and BSL 4 labs; and training schedules necessary to meet the scheduled openings of these 

biodefense laboratories. This section also requires a report to be 

submitted to Congress by December 31, 2007. 

The Committee acknowledges that over the next five years, the 

Federal government will invest in over 2.6 million gross square feet 

of new construction involving Bio Safety Level (BSL) 3 and BSL 4 

laboratory space to support the development of countermeasures 

against the threat of bioterrorism. Early estimates show that full 

deployment of these facilities could require over 3,000 trained personnel. This section requires the Secretary of Homeland Security to 

work with the Secretary of Defense and the Secretary of Health 

and Human Services to examine the current status of staffing at 

BSL 4 facilities and to determine the number of newly trained staff 

that will be needed as these new Federally supported facilities are 

completed and become operational. 

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The Committee intends that the study outlined in this provision 

should determine specific training requirements, including the 

needs for curriculum development, to fully staff existing and 

planned BSL 4 facilities so as to ensure their safe and efficient operation. The Committee encourages the Department of Homeland 

Security to partner with a university that is experienced in operating a BSL 4 facility in order to determine the staffing needs, 

training requirements, and opportunities for a coordinated national 

biocontainment training program. The Committee also believes 

that attention must be given to the ability of future facilities to 

support Good Laboratory Practice (GLP) techniques. For universities, where many of the new facilities will be located, GLP guidelines have traditionally not been adhered to, but the Committee 

views GLP compliance as essential for advancing products through 

the regulatory pipeline. 

Section 604. National Biosurveillance Integration Center 

This section establishes the National Biosurveillance Integration 

Center (NBIC) to enhance the Federal government’s ability to rapidly identify and track a biological event and creates a Director to 

head the NBIC. This section requires the Director to, as part of 

NBIC, develop, maintain, and operate an information technology 

system that integrates data from relevant surveillance systems and 

identifies and characterizes biological events in as near real time 

as possible. 

This section provides that the Director’s responsibilities shall include enhancing NBIC performance by adding new data feeds, improving statistical and analytical tools, establishing a procedure for 

reporting suspicious events, considering all relevant homeland security information, and providing technical assistance to State and 

local governments and private entities. This section requires the 

Director to assess data from biosurveillance systems and integrate 

it with intelligence information in order to provide overall biological situational awareness and enable identification of a biological 

event. It also requires the Director to establish information sharing 

mechanisms for real time communication with the National Operations Center, to provide integrated information to the heads of 

other agencies, notify the Secretary and relevant officials of any 

significant biological event, report on NBIC assessments to partner 

entities, and distribute NBIC incident or situational awareness reports via information sharing networks. 

This section requires the Secretary of Homeland Security to actively seek out interagency agreements that are necessary for the 

success of this program and delineates the responsibilities of the 

Department of Homeland Security’s interagency partners when 

they enter into such agreements. Under this provision, partnering 

agencies shall use best efforts to integrate biosurveillance information through NBIC, provide timely information to NBIC, provide 

connectivity of data systems to NBIC, detail personnel to NBIC, retain responsibility for their own surveillance systems, and participate in shaping operating practices of NBIC. 

This section requires the Director to be informed of any homeland security information relating to biological threats that comes 

through other channels to the Secretary’s attention. It also designates NBIC as a Public Health Authority and ensures that NBIC 

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is compliant with applicable Health Insurance Portability and Accountability Act (HIPAA) requirements and other applicable privacy regulations. This section also authorizes NBIC to collect or receive health information in order to complete its mission of preventing or controlling disease, injury, or disability. Moreover, this 

provision requires the Director to establish an interagency working 

group to advise the biosurveillance capabilities of NBIC, including 

officials of other government agencies and interagency partners. 

This section requires a report be submitted to Congress by December 31 of each year which provides a list of the participants in 

NBIC; a timeframe for when they expect to have access to new, desirable data; a list of those accessing NBIC information; and a plan 

for implementing development efforts or major changes to NBIC. 

This section authorizes for appropriation such funds as may be necessary to carry out NBIC’s mission, declares that the NBIC should 

be fully operational by September 30, 2008, and defines the term 

‘‘biological event.’’ This section formally authorizes NBIC to ensure the continued 

development of a surveillance component as part of an integrated 

strategy for biodefense. The NBIC is a data fusion center designed 

to integrate relevant surveillance data from public and private 

sources to rapidly recognize and characterize the dispersal of biological agents in human and animal populations, food, water, agriculture, and the environment. 

The Committee believes that NBIC will enhance the Nation’s capability to provide early warning of a biological event, whether terrorist related or naturally occurring, and provide continuous biosituational awareness. This system is being built upon and reinforces existing Federal, State, local, international, and private sector surveillance systems, and incorporates relevant threat information from the Intelligence Community. The Committee encourages 

the Department to incorporate the analysis of social disruption indicators into NBIC’s data fusion activities. 

The Committee intends that the Department, in cooperation with 

other appropriate Federal departments and agencies, will integrate 

and disseminate assessments to appropriate Federal, regional, 

State, and local response entities to support decision making. 

Because NBIC requires near real time surveillance data from 

multiple agencies to be an effective detection and early warning 

program, the Committee directs the Secretary to enter formal 

interagency agreements. Activities of the NBIC are to be reported 

to Congress annually. The Committee believes that this Center will 

provide the earliest warnings of a biological attack and thus enable 

Federal, State, and local entities to appropriately respond as soon 

as possible. 

Section 605. Risk analysis process and integrated CBRN risk assessment 

This section tasks the Secretary of Homeland Security with developing a scientific, quantifiable risk analysis process for chemical, 

biological, radiological, and nuclear (CBRN) agents, and to conduct 

such risk assessments. It also directs the Department of Homeland 

Security to conduct cross cutting risk assessments which will allow 

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ments will facilitate Material Threat Assessments required under 

project BioShield; guide countermeasure research, acquisition and 

deployment; identify vulnerability gaps; guide resource investment; 

and support development of the Department’s end to end CBRN defense policy. The Secretary is required to complete the first integrated CBRN risk assessment by June 2008 and report the results 

to Congress. 

The methodology developed under this section will support the 

integration of all classes of agents—chemical, biological, radiological, and nuclear—into a single framework to provide a strategic, 

integrated CBRN risk assessment. 

The Committee feels that an integrated assessment of all CBRN 

threats is necessary to compare risk across threat classes to better 

guide resource allocation. This section is intended to establish a 

risk analysis process that will support both conducting this integrated risk assessment and evaluating optimal risk management 

strategies. A robust risk analysis process is needed to identify key 

knowledge gaps or vulnerabilities in our CBRN defense posture; 

enable rebalancing and refining of investments within, as well as 

across, the various classes of threats; and support end to end assessments of our overall CBRN defense policy, taking into account 

the full spectrum of countermeasures available including prevention, preparedness, planning, response and recovery activities. The 

Committee believes that this risk analysis tool will better steer investments to strategies with the greatest potential for mitigating 

identified risks. 

Section 606. National Bio and Agro defense Facility 

This section establishes in statute the proposed National Bio and 

Agro defense Facility (NBAF) as part of the Science and Technology Directorate in the Department of Homeland Security and 

provides that it will be headed by a Director. Under this provision, 

the NBAF will conduct research on animal and zoonotic diseases 

that pose human health or economic threats to the United States, 

and will share the results of its research to prevent or reduce the 

damage done by such diseases. 

This section sets out the responsibilities of the NBAF Director as 

directing research, development, testing and evaluation (RDT&E) 

on countermeasures, detection technologies, animal models, information sharing mechanisms, and standards; coordinating Federal, 

State, and local government research efforts; develop an emergency 

response plan for such diseases; ensuring that NBAF itself is secure; training research and technical staff; and leveraging expertise 

of academia, private industry, national labs, and Federal, State, 

and local governments. 

Moreover, this section directs that NBAF shall have Bio Safety 

Level (BSL) 3 and 4 facilities; be situated on at least 30 acres of 

securable land; be at least 500,000 square feet and be capable of 

housing at least 80 large animals; have preexisting or easily installed utility infrastructure; have a completed environmental impact statement; and be located reasonably near an airport and 

major roadways. This provision also specifies that the Department 

may accept and use in kind donations of real property, personal 

property, laboratory and office space, utility services, and infrastructure upgrades for the NBAF, and provides that the NBAF is 

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exempt from the Public Buildings Act of 1959 (40 U.S.C. 3301 et 

seq.), as well as the requirement under 21 U.S.C. 113a that research on live foot and mouth disease be conducted only on coastal 

islands. 

The Committee believes the Nation currently lacks sufficient 

BSL 3 and BSL 4 large animal laboratory space to research many 

high consequence foreign animal and zoonotic diseases. NBAF will 

fill this gap, provide a unique capability, and fulfill the guidance 

in Homeland Security Presidential Directive (HSPD) 9 to develop 

a plan ‘‘to provide safe, secure, and state of the art agriculture biocontainment laboratories that research and develop diagnostic capabilities for foreign animal and zoonotic diseases,’’ as well as meet 

the objectives of HSPD 10, ‘‘Biodefense for the 21st Century.’’

The Committee also views the exemption from a statute which 

prohibits the study of live virus of foot and mouth disease on the 

U.S. mainland as an important element of this legislation. Modern 

biocontainment technology has matured to the point that BSL 4 facilities do not need to be located on an island, and indeed, BSL 4 

facilities already do exist on the mainland, although the focus of 

these facilities is on diseases affecting human health. Furthermore, 

placing such a facility on an island presents challenges in terms of 

operating the facility for example, maintenance and operation of 

utilities and getting personnel, samples, and equipment on and off 

the island, especially during inclement weather. 

The Committee emphasizes that the NBAF will not alter any 

other agency’s mission. This facility’s focus will be on addressing 

those foreign animal and zoonotic diseases of such high consequence that they may pose a threat to national security. The 

Committee recognizes that with this focus in mind, in some circumstances, it may be necessary to conduct research on certain endemic diseases that share similar characteristics to foreign animal 

and zoonotic diseases of concern. The Committee expects that the 

relationships among the Departments of Homeland Security, Agriculture, and Health and Human Services in conducting research 

and managing personnel within this new facility will be mutually 

agreed upon and formalized by interagency agreements and understandings. The Committee believes that strong coordination among 

these Departments is vital to the functioning of the facility and the 

success of its research. 

TITLE VII—HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS

Section 701. Cybersecurity and communications 

This section establishes an Office of Cybersecurity and Communications within the Department of Homeland Security, to be headed by the Assistant Secretary for Cybersecurity and Communications. This section requires the Assistant Secretary to assist the 

Secretary of Homeland Security in carrying out the Department’s 

cybersecurity and communications responsibilities. 

This provision requires the Assistant Secretary to establish and 

maintain a capability in the Department to detect vulnerabilities to 

cyber attacks or large scale disruptions; conduct risk assessments; 

develop a plan for continuation of critical information operations in 

the event of the attack or a large scale disruption; and oversee an 

emergency communications system in the event of an attack or a 

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large scale disruption. It also requires the Assistant Secretary to 

define what constitutes a ‘‘cyber incident of national significance’’

and ensure that the Department’s priorities, procedures, and resources are in place to reconstitute critical information in the event 

of a cyber attack or large scale disruption. Moreover, this section 

requires the Assistant Secretary to develop a cybersecurity awareness training and education program for awareness throughout the 

Federal government and consult and coordinate with the Under 

Secretary for Science and Technology. 

This section defines the term ‘‘critical information infrastructure’’

and directs that, if the Secretary reprograms or transfers any funds 

under this section, the Secretary must comply with any applicable 

provisions of the annual appropriations act. 

The Committee views establishment of the Office of 

Cybersecurity and Communications as an effort to ensure that the 

Department fulfills its responsibility as the lead Federal agency for 

cybersecurity systematically and with the requisite sense of urgency. Moreover, the Committee expects the Department to establish a capability to allow it to monitor critical information infrastructure. 

The Committee encourages the Assistant Secretary for 

Cybersecurity and Communications to request that State Homeland Security Directors develop a State cybersecurity strategy with 

a focus on continuity of operations and disaster recovery strategies 

for the critical information and communications technology systems 

and technology assets that support emergency services at the State 

and local levels. The Assistant Secretary should encourage States 

to conduct risk and needs assessments that take into account the 

multitude of threats to relevant cyber systems. The Assistant Secretary should also encourage coordination with State Homeland Security Directors and State Chief Information Officers, to jointly develop a State cybersecurity strategy for critical information and 

communications technology systems. 

Another area of importance to the Committee is the promotion 

and distribution of cybersecurity best practices. The responsibilities 

of the Assistant Secretary include promoting voluntary 

cybersecurity best practices and benchmarks that are responsive to 

rapid technology changes and to the security needs of critical infrastructure. As such, the Committee encourages the Department to 

consider the roles of Federal, State, local and foreign governments, 

appropriate standards bodies and the private sector, including the 

insurance industry and auditors to develop methods to promote the 

wider use of cybersecurity across the economy. The Committee recognizes that due to the interconnectedness of information networks 

a weakness in one sector may have a cascading effect across other 

sectors. In view of this, the Department is expected to work with 

the private sector and academia to determine the best mechanisms 

for developing a distribution system for cybersecurity best practices 

and benchmarks to all end user groups across economic sectors, as 

well as students and government entities. 

Section 702. Cybersecurity research and development 

This section authorizes $50 million for cybersecurity research 

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torate in the Department of Homeland Security for Fiscal Year 

2008. 

This section requires the Under Secretary for Science and Technology of the Department of Homeland Security to support research, development, testing, evaluation, and transition of 

cybersecurity technology including fundamental, long term research in cybersecurity, to improve the ability of the United States 

to prevent, protect against, detect, respond to, and recover from 

cyber attacks, with emphasis on research and development relevant to large scale, high impact attacks. Of particular interest to 

the Committee is research to develop more secure versions of fundamental Internet protocols, technologies for detecting attacks or 

intrusions, techniques for containment of attacks, and development 

of resilient networks, technologies to reduce vulnerabilities in process control systems, and less vulnerable software. 

The Committee acknowledges that the cybersecurity program at 

the Department’s Science and Technology Directorate has funded 

research which has resulted in almost a dozen open source and 

commercial products that provide capabilities such as secure thumb 

drives, root kit detection, worm and distributed denial of service 

detection, defenses against phishing, network vulnerability assessment, software analysis, and security for process control systems. 

Unfortunately, the budget for this program continues to be cut. In 

the last seven years, more than 20 reports from such entities as the 

INFOSEC Research Council, the National Science Foundation, the 

National Institute of Justice, the National Security Telecommunications Advisory Committee, the National Research Council, and 

the President’s Commission on Critical Infrastructure Protection 

have all urged the government to do more to drive, discover, and 

deliver new solutions to address cyber vulnerabilities. Yet, the 

cybersecurity program at the Department of Homeland Security 

has seen its budget reduced from $22.7 million in Fiscal Year 2007 

to $14.8 million in Fiscal Year 2008. By comparison, the Federal 

Bureau of Investigation estimated in 2004 that cybercrime cost 

companies worldwide around $400 billion. In 2005, U.S. businesses 

lost an estimated $67 billion. 

The Committee wishes to emphasize that this section will increase the funding level for the cybersecurity portfolio to $50 million. This funding level is similar to what was provided for in an 

amendment offered by Rep. Loretta Sanchez to H.R. 4941, the 

Homeland Security Science and Technology Enhancement Act of 

2006, during the 109th Congress. The Committee received several 

letters of support for this provision from private sector groups concerned about cybersecurity. 

TITLE VIII—SCIENCE AND TECHNOLOGY IMPROVEMENTS

Section 801. Report to Congress on strategic plan 

This section requires the Under Secretary for Science and Technology at the Department of Homeland Security to submit to Congress a strategic plan for the Science and Technology Directorate, 

not later than 120 days after enactment. This section directs the 

plan to cover a number of areas, including a strategy to enhance 

the directorate’s workforce, a policy for hiring and administering 

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detailees, a Departmental policy to take technologies from research 

and development through the procurement process. 

The Committee is concerned that, five years after the passage of 

the Homeland Security Act in 2002 (6 U.S.C. 361 et seq.), the 

Science and Technology Directorate still has not submitted the 

strategic plan required under the Act. As time has passed, problems with morale and leadership within the workforce and the Department’s use of important tools like the National Laboratories 

have come into question. The Committee notes that these issues 

were discussed during a February 14, 2007 hearing held before the 

Subcommittee on Emerging Threats, Cybersecurity, Science and 

Technology entitled, ‘‘Understanding the Budget and Strategic 

Agenda of the Science and Technology Directorate.’’

Section 802. Centers of Excellence program 

This section authorizes $31 million for the Centers of Excellence 

Program and $8 million for the Minority Serving Institutions program for Fiscal Year 2008. This provision also requires that at 

least one of the next four Centers of Excellence established by the 

Department of Homeland Security be located at a Minority Serving 

Institution. 

Section 803. National Research Council Study of University Programs 

This section requires the Under Secretary for Science and Technology at the Department of Homeland Security to engage the National Academy of Sciences to conduct a study to assess the Department’s University Programs, with an emphasis on the Centers of 

Excellence program. 

Specifically, this section directs the Under Secretary for Science 

and Technology to commission a study by the National Research 

Council on the University Programs of the Science and Technology 

(S&T) Directorate. The Committee intends this study to focus primarily on the Centers of Excellence Program and make recommendations for appropriate improvements. This section directs 

the National Research Council to review many aspects of the S&T 

Directorate’s University Programs including: the key areas of study 

relevant to the homeland security mission, the selection criteria 

and weighting of such criteria used for ranking competing institution proposals, the frequency of the review cycle, and the most appropriate criteria and metrics to measure demonstrable progress of 

Centers of Excellence. 

The Committee recognizes that broad criteria are listed in the 

Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) governing the 

selection of Centers of Excellence; however, the Committee believes 

the selection criteria should be established to ensure Centers of Excellence are selected that are best aligned with identified homeland 

security mission areas and demonstrate ability to provide leadership in a particular area of expertise. 

This section also instructs the National Research Council to examine and provide recommendations on the most advantageous relationship between the Centers of Excellence and the S&T Directorate with the Department components the Directorate serves. 

The Committee is concerned with the recent decision of the S&T 

Directorate to realign the Centers of Excellence in such a way that 

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limits one Center of Excellence per division of the S&T Directorate. 

Given the large breadth and scope of research within individual divisions, the Committee questions the rationale for limiting each division to one Center of Excellence. For example, the Chemical/Biological Division conducts research on threats diverse as chemical, 

food, zoonotic and other biological threats, and each may require 

unique defense strategies. One Center of Excellence to examine all 

of these research areas may not provide the most qualified expertise to conduct work across the full breadth of activities and develop the various, unique defenses that may be required by a single 

division. 

Section 804. Streamlining of SAFETY act and antiterrorism technology procurement processes 

This section requires the Secretary of Homeland Security to ensure that a sufficient number of personnel trained to apply economic, legal and risk analyses are involved in the review and 

prioritization of anti terrorism technologies for the purpose of determining whether those technologies may be designated or certified by the Secretary under the Support Anti Terrorism by Fostering Effective Technologies (SAFETY) Act of 2002 (6 U.S.C. 441). 

This section also requires the Secretary to ensure coordination for 

implementing the SAFETY Act among the Chief Procurement Officer, the Under Secretary for Science and Technology, the Under 

Secretary for Policy, and the General Counsel, and to ensure coordination of the Department’s efforts to promote awareness and 

utilization of the SAFETY Act at the Federal, State, and local level. 

The Committee acknowledges that legislation identical to this 

provision was introduced in H.R. 599 on January 22, 2007 by Rep. 

Langevin. The bill was cosponsored by a number of Committee 

Members, including Rep. Bilirakis of Florida and Rep. Rogers of 

Alabama. On January 23, 2007, the House passed H.R. 599, to direct the Secretary of Homeland Security to streamline the SAFETY 

Act and anti terrorism technology procurement processes. H.R. 599 

was referred to the Senate Committee on Homeland Security and 

Governmental Affairs. 

Section 805. Promoting antiterrorism through International Cooperation Act 

This section requires the Under Secretary for Science and Technology at the Department of Homeland Security to establish the 

Science and Technology Homeland Security International Cooperative Programs Office. This section provides that the Office shall be 

responsible for developing, in consultation with the Department of 

State, understandings and agreements to allow international cooperative activities to support homeland security research, development, and comparative testing. 

This section authorizes $25 million for fiscal years 2008 through 

2011 to administer the program and award grants to entities that 

enter into cooperative agreements under this program. 

The Committee notes that language similar to this provision was 

included in H.R. 4942, which then-Chairman King introduced during the 109th Congress. H.R. 4942 was passed in the House by 

voice vote on September 26, 2006 and referred to the Senate Committee on Homeland Security and Governmental Affairs. In the 

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110th Congress, Ranking Member King introduced a provision 

identical to this section known as the ‘‘PACTS Act,’’ or H.R. 884. 

The House passed H.R. 884 on February 27, 2007, and the bill was 

referred to the Senate Committee on Homeland Security and Governmental Affairs. 

The Committee recognizes that the development and implementation of technology is critical to combating terrorism and is the 

cornerstone of a comprehensive homeland security strategy. Considering certain U.S. allies in the global war on terror, such as the 

United Kingdom and the State of Israel, have extensive experience, 

technological expertise, and common interests in homeland security 

science and technology, we can mutually benefit from the sharing 

of technologies to combat domestic and international terrorism. 

TITLE IX—BORDER SECURITY IMPROVEMENTS

Section 901. US–VISIT 

This section requires the Secretary of Homeland Security to submit the comprehensive strategy required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108–

458) for the biometric entry and exit data system (US–VISIT) no 

later than 7 days after the date of enactment, and sets out new 

minimum exit contents for the strategy, along with a deadline (December 31, 2008) for airport and seaport exit implementation. 

Moreover, this section prohibits the Department of Homeland Security from transferring the office that carries out US–VISIT to the 

National Protection and Programs Directorate (NPPD) until the 

Secretary submits the comprehensive strategy to the appropriate 

Congressional committees. 

The Committee notes that the comprehensive strategy is more 

than 2 years overdue, and expects the Department to work expeditiously to complete it by the prescribed deadline. The Department’s 

decision to move US–VISIT to NPPD and to describe the program 

as an ‘‘identity management’’ system has left the Committee uncertain about the Department’s position on the exit functions of US–

VISIT. The Committee expects the Department to complete both 

the biometric entry and exit functions of US–VISIT, as mandated 

in law. This section ensures that the Department will continue to 

take tangible steps towards deploying exit capabilities at all ports 

of entry before altering the course of the system. Completing the 

exit portion of US–VISIT would allow the Department to address 

the issue of visa overstays and meet an important recommendation 

of the 9/11 Commission. The Committee believes it is important to 

national security that the Department remains committed to fulfilling the intended vision for US–VISIT. 

Section 902. Shadow Wolves Program 

This section authorizes $4.1 million for the Shadow Wolves Program for Fiscal Year 2008. The Shadow Wolves were founded in 

1972 under a program created by Congress to track drug smugglers 

transporting contraband mostly marijuana on Indian reservation 

lands. The team is responsible for patrolling the Tohono O’odham 

lands in southern Arizona, and is Immigration and Customs Enforcement’s only American Indian tracking unit. 

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Section 903. Cost effective training for Border Patrol agents 

This section requires the Secretary of Homeland Security to take 

steps necessary to control the costs of hiring, training, and deploying new Border Patrol agents, including allowing the waiver of certain course requirements when the individual has already satisfied 

such requirements. This section also directs the Office of the Inspector General (OIG) at the Department of Homeland Security to 

conduct a review of the costs and feasibility of training new Border 

Patrol agents at Federal training centers and training facilities operated by State, local, and private entities. 

This section requires the Secretary to take steps to ensure that the Fiscal Year 2008 per agent cost does not exceed $150,000. If 

the Secretary determines that the per agent cost must exceed 

$150,000, this provision requires the Secretary to provide an explanation to the House Committee on Homeland Security in the House 

of Representative and the Committee on Homeland Security and 

Government Affairs in the Senate. 

The Committee intends the provisions in this section to reduce 

the overall costs of hiring, training, and deploying new Border Patrol agents. This section permits the Department to waive certain 

course requirements for trainees and requires OIG to conduct a 

study to compare the costs and feasibility of training new Border 

Patrol agents at non profit or private training facilities, including 

those in the southwest border region. 

The Committee notes that a provision that would have prohibited 

the Department from recruiting, hiring, or training new Border Patrol agents until such costs are certified was struck during the 

markup process. The Committee believes that given the Department’s efforts to increase the number of Border Patrol agents to 

improve border security, other effective methods of controlling costs 

should be utilized as appropriate. The Committee, however, will explore other viable mechanisms to enforce this section. 

Section 904. Student and Exchange Visitor Program 

This section requires the Department of Homeland Security to 

promulgate regulations to require academic institutions and programs that sponsor international students and exchange visitors to 

ensure that those individuals are in fact actively participating in 

the programs for which they were admitted to the United States 

at the border. This provision ensures that academic institutions 

and exchange visitor programs devote adequate personnel resources to meet the reporting requirements of the Student and Exchange Visitor Program (SEVP) and that the Department provides 

adequate training and technical support to the authorized users of 

SEVP. This section also provides that all authorized users of SEVP 

shall be confirmed by the Department as not being on a terrorist 

watch list, and requires a Government Accountability Office review 

of the SEVP’s fee structure. 

The Committee intends this section to ensure that international 

students and exchange visitors are actually complying with the 

terms of their admission and are not using their student or exchange visitor status as a pretext to enter our borders and pursue 

unauthorized or illegal activity once they gain admission to the 

United States. It is not intended to create a burdensome or intrusive requirement for sponsoring institutions, requiring only that 

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the institution report to the Department if the student or exchange 

visitor has not been positively identified by physical or electronic 

means for the periods of time designated in the section or when the 

student or exchange visitor is not maintaining the institution’s 

minimum standards of success. 

By updating the Student and Exchange Visitor Information System (SEVIS) to incorporate timely entries of a student or exchange 

visitor’s declared academic major, the Committee intends to ensure 

that all information in SEVIS is current and complete, including 

when a student changes majors before completing their previously 

declared course of study. This will permit the Department to initiate appropriate security screening for foreign students who pursue programs of national security concern. 

The Committee further intends that this section will ensure that 

academic institutions and exchange visitor programs devote adequate personnel resources to comply with the reporting requirements of this border security program. To assist those institutions, 

the section requires the Department to provide adequate training 

and technical support to the authorized users of SEVP. The requirement that all authorized users of SEVP must be confirmed by 

the Department as not appearing on a terrorist watch list is intended to protect the integrity of SEVP. 

The Committee intends that the requirement of the Comptroller 

General to conduct a review of the SEVP’s fee structure will ensure 

that the program is financially sound and that the fees charged are 

adequate but not excessive and are necessary to cover the cost of 

the services provided. 

Section 905. Assessment of resources necessary to reduce crossing 

times at land ports of entry 

This section orders the Secretary of Homeland Security to conduct an assessment and submit a report to Congress on the personnel, infrastructure, and technology required to reduce border 

crossing wait times for pedestrian, commercial, and non commercial vehicular traffic at land ports of entry in the United States to 

wait times comparable to those existing prior to September 11, 

2001, while ensuring that appropriate security checks are maintained, within 180 days of enactment. 

The purpose of the study is to quantify the detrimental effects 

that post September 11, 2001 security measures have had on legitimate trade and travel at U.S. land ports of entry and to assess the 

resources necessary to compensate for those effects without compromising border security. 

Section 906. Biometric identification of unauthorized aliens 

This section requires the Secretary of Homeland Security to conduct a pilot program for mobile biometric identification of individuals apprehended by United States Coast Guard personnel on vessels at or near U.S. shores and to consider expanding the capability 

to all appropriate Department of Homeland Security maritime vessels. This section authorizes $10 million for the program. 

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Section 907. Report by Government Accountability Office regarding 

policies and procedures of the Border Patrol 

This section requires the Government Accountability Office to 

submit a report to the Committee on Homeland Security in the 

House of Representatives and the Committee on Homeland Security and Governmental Affairs in the Senate on the policies and 

procedures of the Border Patrol with respect to the use of lethal 

and non lethal force and the pursuit of fleeing vehicles, including 

data on the number of incidents in which lethal or non lethal force 

was used and any penalties that were imposed on Border Patrol 

agents as a result of such use. This section also directs the Comptroller General to consult with Customs and Border Protection and 

other specified representatives in developing the report and to attach any written opinions those consulted parties may wish to provide as appendices to the report. 

TITLE X—INFORMATION SHARING IMPROVEMENTS

Section 1001. State and Local Fusion Center Program 

This section establishes the State and Local Fusion Center Program and authorizes such sums as may be necessary to carry out 

the program’s goals, including deploying Department of Homeland 

Security personnel and retired local law enforcement to participating centers and the maintenance of headquarters staff. 

In the wake of the terrorist attacks of September 11, 2001, numerous State and local authorities responsible for the protection of 

citizenry and critical infrastructure established intelligence or information ‘‘fusion’’ centers. Generally, fusion centers have been created by State authorities to prevent terrorist attacks, while concurrently preparing to respond to and recover from a terrorist attack 

should one occur. Some centers have a broader counter crime mission. Other centers serve an analytical function only that is, they 

integrate and analyze raw information provided to them by member agencies and entities and disseminate finished products to a 

broad array of consumers that range from State governors to street 

level law enforcement officers. Other centers are engaged in every 

stage of what is known as the intelligence cycle; based on assessed 

threats, they develop intelligence collection requirements, recruit 

human sources to fill these requirements, analyze raw information 

collected, and produce finished intelligence products. Generally, 

these fusion centers report to State Governor’s offices through 

State homeland security directors. Most fusion centers are contained within State or locally owned facilities. The Committee 

notes that this measure does not authorize the construction of Federal facilities to house a State, local, or regional fusion center. 

Section 1002. Fusion Center Privacy and Civil Liberties Training 

Program 

This section establishes a program for privacy, civil liberties, and 

civil rights protection training to be administered by the Office of 

Civil Liberties and Civil Rights in the Department of Homeland Security. This section requires all Department employees embedded 

at fusion centers under the State and Local Fusion Center Program 

to successfully complete the training program and conditions the 

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gram on the successful completion of the training by a representative from each Center. This provision also authorizes $3 million for 

each of Fiscal Years 2008 through 2013 and such sums as may be 

necessary for each subsequent year. 

This section specifies that the program shall include training on 

privacy and civil liberties policies, procedures, and protocols to control access to information; the Privacy Act of 1974 (5 U.S.C. §552a); 

handling of personally identifiable information in a responsible and 

appropriate manner; appropriate procedures for the destruction of 

information that is no longer needed; the consequences of failing to 

provide adequate privacy and civil liberties protections; compliance 

with Federal regulations setting standards for multijurisdictional 

criminal intelligence systems, including 28 C.F.R. 23; and the use 

of immutable auditing mechanisms designed to track access to information at a State or local fusion center. 

The Committee recognizes that, in the wake of the attacks on 

September 11, 2001, there is a need to develop and share information and intelligence across all levels and sectors of government 

and private industry. In response, many states have created fusion 

centers with various Federal, State, and local funding sources. The 

Committee acknowledges that fusion centers have proven to be an 

effective and efficient mechanism for exchanging information and 

intelligence, maximizing resources, streamlining operations, and 

improving capabilities for fighting crime and terrorism by analyzing data from a variety of sources. 

The Committee is committed to strengthening privacy, civil liberties, and civil rights policies at all levels of fusion center activities. Thus, this section requires that fusion center personnel with 

access to personally identifiable information undergo mandatory 

privacy, civil rights, and civil liberties training. The Department’s 

Office of Civil Rights and Civil Liberties has conducted similar 

training in the past and, according to its officials and in conjunction with the Chief Privacy Officer, it is prepared to design and implement the required training. 

The Committee agrees that fusion centers are an important and 

vital tool in addressing the terrorism threat against the United 

States; however, their importance does not outweigh the importance of the privacy, civil liberties, and civil rights of American citizens and lawful permanent residents. The Committee believes that 

those rights must be thoughtfully considered in order to legislate 

responsibly and build public confidence in fusion center measures. 

Section 1003. Authority to appoint and maintain a cadre of Federal 

annuitants for the Office of Information Analysis 

This section allows the Secretary of Homeland Security to appoint up to 100 annuitants to positions in the fusion center program to facilitate information sharing between the Department of 

Homeland Security and State, local, and Tribal law enforcement, 

and to respond to terrorism, within 5 years of enactment. This section specifies that an appointment made under this provision shall 

not be subject to the provisions governing appointments in the competitive service or under sections 8344 and 8468 of Title 5 of the 

U.S. Code, nor any other similar provision of law under a Government retirement system. This section also sets other limitations to 

appointment of annuitants. This section strengthens the ability of 

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the Department to attract and hire experienced intelligence analysts by allowing intelligence analysts who have retired from the 

Federal government to serve at the Department in this critical capacity. The Committee recognizes that the Department has had 

some difficulty competing for analysts against established intelligence and law enforcement agencies. The Committee further recognizes that while the Department has engaged with State and 

local fusion centers and is deploying intelligence analysts to support fusion center activities, it is important to ensure that the Department continues to have robust intelligence support at headquarters. The Department has hard working and quality intelligence analysts, but the addition of the most experienced, highly 

trained retirees will benefit information sharing at a time when the 

Federal Government is actively engaged in expanding the intelligence workforce. 

TITLE XI—MISCELLANEOUS PROVISIONS

Section 1101. Eligible uses for interoperability grants 

This section directs the Secretary of Homeland Security to ensure that all funds administered by the Department of Homeland 

Security to support interoperable communications for State, local, 

and Tribal agencies may be used to support the standards outlined 

in the SAFECOM continuum, including governance, standard operating procedures, technology, training and exercises, and usage. 

The Committee intends this section to ensure that all funds administered by the Department of Homeland Security to support the 

interoperable emergency communications needs of State, local, and 

Tribal first responder agencies including funds administered pursuant to a Memorandum of Understanding or other agreement may 

be used to support all areas of the SAFECOM interoperability continuum. The SAFECOM interoperability continuum, which serves 

as the Federal standard for interoperable communications spending 

by States and localities, consists of five areas: governance, standard 

operating procedures, technology, training and exercises, and 

usage. The Committee wishes to emphasize that all five areas of 

the continuum are integral to the achievement of interoperable 

communications. 

In February 2007, the Office of Grants and Training within the 

Department of Homeland Security and the National Telecommunications and Information Administration (NTIA) within the Department of Commerce signed a Memorandum of Understanding regarding the administration of the new Public Safety Interoperable 

Communications (PSIC) grant program. The PSIC grant program 

will disburse $1 billion in grants to support the achievement of 

interoperable communications for first responders. The two agencies are currently developing grant guidance that will determine 

how grant recipients may use the funds. 

The Committee is concerned that NTIA and the Department of 

Homeland Security may restrict the use of funds to support only 

equipment purchases and limited planning activities. This approach is shortsighted and may lead to a waste of funds. Equipment is important to achieving interoperable communications; however, it is not the only challenge. The Department of Homeland Security’s National Interoperability Baseline Survey, released in Demstockstill on PROD1PC66 with HEARING

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cember 2006, and the Tactical Interoperable Communications Program scorecards, released in January 2007, confirmed that governance and standard operating procedures are the greatest challenges 

regarding achievement of multi jurisdictional interoperability. 

Therefore, this section will ensure that State, local, and Tribal 

agencies receiving PSIC grants will have the flexibility to use the 

funds to support activities in all five areas of the SAFECOM interoperability continuum. 

Section 1102. Rural Homeland Security training initiative 

This section establishes a program within the Federal Law Enforcement Training Center (FLETC) to expand homeland security 

training to units of local and Tribal governments located in rural 

areas. This section requires the Secretary of Homeland Security to 

conduct an evaluation of the specific needs of rural areas; to develop and provide training programs to respond to those needs; and 

to conduct outreach efforts to ensure rural areas are aware of the 

training programs. This section further ensures that the new rural 

training programs do not duplicate or displace existing programs in 

this area, and that the Department of Homeland Security will 

maximize use of its existing facilities and closed military installations, and conduct on site training at facilities operated by participants. 

FLETC established the National Center for State and Local Law 

Enforcement Training in 1982. The National Center is responsible 

for training State and local law enforcement personnel in advanced 

topics designed to develop specialized law enforcement skills. To 

meet the needs of approximately 90 percent of police agencies in 

the United States those located outside of large metropolitan areas 

FLETC developed a training series specifically designed for law enforcement agencies in small towns and rural areas. In recent years, 

demands on rural law enforcement agencies have increased as they 

work to prevent and prepare for terrorist acts, major disasters, and 

other emergencies. The Committee is responding to this dynamic 

by authorizing and augmenting the existing FLETC program to expand homeland security training to local and Tribal law enforcement personnel in rural areas. 

Section 1103. Critical infrastructure study 

This section directs the Secretary of Homeland Security, working 

with the Center for Risk and Economic Analysis of Terrorism 

Events, to evaluate the feasibility and practicality of creating further incentives for private sector stakeholders to share Protected 

Critical Infrastructure Information with the Department. 

This section authorizes a study on the creation of new incentives 

for the private sector to share critical information. It is well known 

that the private sector owns approximately 85 percent of the Nation’s critical infrastructure. Because these assets are privately 

held, many industries fear public disclosure of their commercial secrets or vulnerabilities. The Committee notes that because of the 

need for private sector cooperation in the war on terror, Congress 

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ing critical information makes them more vulnerable and will negatively affect their business. 

The study authorized by this section would review the incentives 

that could lead the private sector to see information sharing as a 

win win situation. The study will specifically consider the use of 

tax policy to help accomplish this goal through tax incentives, but 

would also look at other means. The Committee seeks to understand the best ways to ensure that the private sector remains a 

strong partner in homeland security information sharing efforts. 

Section 1104. Terrorist watch list and immigration status review at 

high risk critical infrastructure 

This section authorizes for appropriation such sums as may be 

necessary to require owners of Tier I or Tier II critical infrastructure sites, as selected for the Buffer Zone Protection Program, to 

conduct checks of their employees against available terrorist watch 

lists and immigration status databases. 

Section 1105. Authorized use of surplus military vehicles 

This section directs the Secretary of Homeland Security to include U.S. military surplus vehicles that have demonstrated utility 

for responding to acts of terrorism, emergencies, and other disasters on the Authorized Equipment List to allow States and localities to purchase, modify, upgrade, and maintain such vehicles with 

homeland security assistance administered by the Department of 

Homeland Security. 

The Committee acknowledges that State and local law enforcement agencies currently are using, or plan to use, modified surplus 

military vehicles for homeland security purposes. Therefore, to support law enforcement agencies in this effort, this section requires 

the Secretary of Homeland Security to include United States military surplus vehicles that have demonstrated utility for responding 

to terrorist acts, major disasters, and other emergencies on the 

Standardized Equipment List in order to allow States and localities 

to purchase, modify, upgrade, and maintain such vehicles using 

homeland security assistance administered by the Department. 

Section 1106. Computer capabilities to support real time incident 

management 

This section authorizes such sums as may be necessary to encourage development and use of software or Internet based computer capabilities to support real time incident management by 

Federal, State, local, and Tribal agencies. 

This section directs the Secretary of Homeland Security to encourage the development and use of software or Internet based 

computer capabilities to enable Federal, State, local, and Tribal 

agencies to manage the response to terrorist attacks or natural disasters in real time. As witnessed after Hurricane Katrina, situational awareness, including geographic information system data 

and the location and tracking of people, vehicles, commodities, 

evacuation centers, and shelters, is critical to an effective response. 

Real time computer based incident management will help ensure 

that victims of future disasters receive the food and medical attention they require and that public infrastructure is restored or repaired as quickly as possible. 

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Section 1107. Expenditure reports as a condition of Homeland Security grants. 

This section requires recipients of grants administered by the 

Secretary of Homeland Security to submit expenditure reports to 

the Secretary no later than 30 days after the last day of each fiscal 

quarter. Within 30 days of receiving these reports, the Secretary is 

required to post this information on the internet, but must also 

take appropriate steps to avoid disclosure of sensitive information. 

The Committee continues to be concerned about reports of questionable or improper spending of homeland security grants. 

Through this section, the Committee seeks to add greater transparency to the grants process and allow taxpayers to see where 

their tax dollars are spent. 

Section 1108. Encouraging use of computerized training aids 

This section directs the Under Secretary for Science and Technology at the Department of Homeland Security to use and make 

available to State and local agencies computer simulations to help 

strengthen the ability of municipalities to prepare for and respond 

to a chemical, biological, or other terrorist attack, and to standardize response training. 

The Committee recognizes the potential benefits of computer simulations to help Federal, State, Tribal, and local agencies prepare 

for and respond to terrorist acts, major disasters, and other emergencies. Therefore, this section authorizes the Under Secretary for 

Science and Technology to use and make available to State and 

local agencies computerized training aids, including Government 

owned computer modeling programs, as appropriate, in order to improve the abilities of municipalities to prepare for and respond to 

a chemical, biological, or other terrorist attack, and to standardize 

response training. 

Section 1109. Protection of name, initials, insignia, and departmental seal 

This section prohibits the knowing use of the name, initials, insignia, and seal of the Department of Homeland Security for commercial purposes, in a manner that is reasonably calculated to convey the impression that the Department or any component thereof 

endorsed such use, without written permission by the Secretary of 

Homeland Security. This section also authorizes the United States 

Attorney General to initiate civil proceedings in a Federal district 

court to enjoin such act or practice. 

Section 1110. Report on United States Secret Service approach to 

sharing unclassified, law enforcement sensitive information 

with Federal, State, and local partners 

This section requires the Director of the United States Secret 

Service to submit a report to the Committee on Homeland Security 

in the House of Representatives, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Inspector 

General of the Department of Homeland Security, describing the 

approach used by the Secret Service to share unclassified, law enforcement sensitive information with Federal, State and local law 

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fice of the Inspector General that includes an assessment, with recommendations as to whether the approach can be incorporated 

throughout the Department of Homeland Security. 

Section 1111. Report on United States Secret Service James J. 

Rowley Training Center 

This section requires the Office of the Inspector General of the 

Department of Homeland Security to report, within 240 days of enactment, to the appropriate Congressional committees on the mission and training capabilities and assessments of the United States 

Secret Service’s James J. Rowley Training Center. 

The purpose of this section is to provide the Committee detailed 

information on the activities and capabilities of the James J. 

Rowley Training Center, operated by the United States Secret 

Service. The Committee is interested in assessing current training 

activities provided to Secret Service personnel, as well as to other 

Federal, State, and local entities. In view of this, the Committee 

believes it is important to require an assessment of the material 

condition of the facilities to maintain current and future throughput of Secret Service participants. 

Section 1112. Metropolitan Medical Response System Program 

This section authorizes the Metropolitan Medical Response System (MMRS) Program to support local jurisdictions in enhancing 

and maintaining all hazards response capabilities to manage mass 

casualty incidents by systematically enhancing and integrating 

first responders, public health personnel, emergency management 

personnel, business representatives, and volunteers. Under this 

section, financial assistance for the program shall be administered 

by the Federal Emergency Management Agency (FEMA), and programmatic and policy guidance for the program shall be developed 

by the Assistant Secretary for Health Affairs in coordination with 

the FEMA Administrator. The program encourages mutual aid 

agreements and memoranda of understanding between local jurisdictions. This section also authorizes $63 million for each of the fiscal years 2008 through 2011 and requires the Assistant Secretary 

to conduct a review of the MMRS Program, including a report to 

be submitted to Congress within 9 months of enactment. 

The Committee believes that MMRS is critical to developing and 

enhancing comprehensive regional health and medical response 

plans. MMRS also maintains an operational capability to implement the plans and to ensure the maximum usage of regional resources in response to a public health crisis, including an event involving weapons of mass destruction. The Committee wishes to emphasize that when an incident overwhelms local resources and Federal resources are requested, MMRS provides a platform that ensures the rapid and efficient integration of Federal resources into 

the local incident management system. 

Section 1113. Identity Fraud Prevention Grant Program 

This section creates a new grant program to help States with the 

costs of issuing secure driver’s licenses and identification cards in 

accordance with the REAL ID Act of 2005 (P.L. 109–13 Division B). 

Under this provision, the grants may be used to develop machine 

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change; safeguard of personal information; facilitate queries of Federal databases by States; capture digital images of identity source 

documents; and reduce the number of in person visits necessary to 

obtain state issued identity documents. This section directs that 

priority is to be given to States that will use the grant funds to prevent fraudulent issuance of identification cards. This section authorizes for appropriation $120 million for Fiscal Year 2008, $100 

million for Fiscal Year 2009, and $80 million for Fiscal Year 2010. 

This section creates a grant program that would assist States in 

preventing individuals from fraudulently obtaining State issued 

drivers’ licenses and identification cards and make those forms of 

identification more secure, in accord with the principles established 

by the REAL ID Act of 2005. 

The Committee notes that this grant program would give priority 

to those States that demonstrate the grant will assist the State in 

complying with regulations issued by the Department for the prevention of fraudulently issued identification in a way that would facilitate other States to achieve the same goal. In addition, this section precludes the Department from using funds from any other 

Homeland Security Grant Program for expenses related to the 

REAL ID Act. The Committee is concerned that the Department’s 

recent decision to allow the use of Homeland Security grants by 

States for REAL ID compliance dilutes the intended focus of the 

Homeland Security Grant Program on terrorism related programs. 

Section 1114. Technical corrections 

This section makes technical corrections to the Homeland Security Act of 2002 (P.L. 107 296; 6 U.S.C. 361 et seq.). 

Section 1115. Citizen Corps 

This section authorizes such sums as may be necessary for the 

Secretary of Homeland Security to encourage the utilization of Citizen Corps funding and local Citizen Corps Councils to assist in the 

education and training of populations located around critical infrastructure for preparedness and response. 

Section 1116. Report regarding Department of Homeland Security 

implementation of comptroller general and inspector general 

recommendations regarding protection of agriculture 

This section requires the Secretary of Homeland Security to submit a report to Congress, within 120 days of enactment of this Act, 

on the status of Department of Homeland Security activities with 

respect to agriculture security, with an emphasis on the recommendations of the referenced reports on the issue from the Government Accountability Office (GAO) and the Department’s Office 

of the Inspector General (OIG). This section directs the report to 

include, for each recommendation in the two reports, a description 

of steps taken thus far in response to the recommendation and either the Department’s plans to implement the recommendation or 

a justification for the nonimplementation of the recommendation. 

The Committee is concerned that the Department has not done 

enough to ensure the security of agriculture in the United States, 

and that it is not acting fast enough to get its new Agriculture Security programs online. The Committee notes that there have been 

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fense, but the Committee is aware of the Department’s efforts to 

develop a strategic plan and execute the National Policy on Defense 

of U.S. Agriculture and Food (Homeland Security Presidential Directive HSPD 9; January 20, 2004) tasks. The Committee expects 

that the report outlined in this section will detail progress and 

planning on this front. 

The Committee is concerned that various agencies, stakeholders, 

and working groups have not been tasked or engaged in securing 

agriculture, consistent with the national plans and guidelines. In 

particular, the Committee expects the report to reflect efforts to coordinate national intelligence and data gathering among Federal 

departments and agencies, State and local governments, the private sector, and non governmental organizations. This is consistent 

with both the GAO and OIG reports, and with the need for an 

early warning and response system. 

The Committee recommends that the Department expand its use 

of the Risk Analysis and Management for Critical Asset Protection 

(RAMCAP) methodology or a RAMCAP consistent methodology, as 

recommended in the National Infrastructure Protection Plan, and 

coordinate with the Department of Agriculture to provide guidance 

in the use of a standardized methodology consistent with other Department risk assessment efforts. Both the GAO and OIG reports 

emphasized the need for comparative analysis and consistency to 

help secure the Nation’s food supply from malevolent threats and 

natural disasters. The Committee remains committed to working 

with the Department to ensure that food is safe ‘‘from farm to 

fork.’’

Section 1117. Report regarding levee system 

This section requires the Secretary to develop a comprehensive 

risk analysis of the Nation’s levee systems, including analysis of 

threats to, vulnerabilities of, and consequences for such systems. 

This section permits the Secretary to build upon plans already developed or being developed. It is the sense of the Committee that 

the Dams/Levees Sector Specific Plan being developed pursuant to 

Homeland Security Presidential Directive 7 (HSPD–7, Directive on 

Critical Infrastructure Identification, Prioritization, and Protection; 

December 17, 2003) and the National Infrastructure Protection 

Plan may meet this requirement. The Committee urges the Department to release this Sector Specific Plan and the 16 other plans as 

soon as possible. 

Section 1118. Report on force multiplier program 

This section requires the Secretary of Homeland Security to submit a report on the Department’s progress in establishing procedures and operational aspects to ensure that Federal Air Marshals 

are made aware of any armed or unarmed law enforcement personnel on board an aircraft. 

Section 1119. Eligibility of State judicial facilities for State Homeland Security grants 

This section provides that States may use grant funds received 

under the State Homeland Security Grant Program or the Urban 

Area Security Initiative for the purpose of providing funds to State 

and local judicial facilities for security at those facilities. 

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Section 1120. Authorization of Homeland Security functions of the 

United States Secret Service 

This section authorizes $1,641,432,000 and 6,822 full time equivalent positions for the United States Secret Service’s missions. 

The Committee was concerned that the President’s budget recommended reallocating $20,945,000 of the base funds to support 

personnel and fuel costs associated with the Service’s protection 

mission. The Committee’s authorization seeks to restore 

$10,600,000 of these funds. Above the President’s request, the 

Committee recommends $2,000,000 be provided for maintenance of 

perimeter security systems at the White House, and $8,600,000 for 

protective countermeasure systems used to protect Secret Service 

protectees. 

The Committee further recommends $322,029,000 be provided for 

field and investigations operations, which includes $21,836,000 for 

the hiring of 122 full time equivalent (FTE) positions above the 

President’s request for homeland. 

Congress intended the United States Secret Service to be a dual 

mission agency a century ago when it passed the Sundry Civil Expenses Act for 1907. It is incumbent upon the Congress to resource 

it as such. 

The Committee recommends the Secret Service be appropriated 

a minimum of $3,725,000 for maintenance and upkeep of the 

James J. Rowley Training Center. It has also requested a report on 

the Center’s current capabilities, requirements, and infrastructure 

improvements necessary to meet those requirements, which is further explained under Section 1111 of this Report. 

Section 1121. Data sharing 

This section requires the Secretary of Homeland Security to 

share information on disaster assistance requested or provided in 

response to an act of terrorism, natural disaster, or other emergency to Federal, State, and local law enforcement entities to assist 

in the location of a missing child or a sex offender. It also requires 

the Secretary to consider the privacy implications of sharing this 

information. 

After Hurricane Katrina, law enforcement entities had difficulty 

locating some of the approximately 2000 registered sex offenders 

that were evacuated as a result of the storm. At the time, the Department of Health and Human Services’ Administration for Children and Families estimated that registered sex offenders evacuated to about 30 States. Some of these offenders failed to register 

with the jurisdiction to which they moved. In many cases, law enforcement agencies were unable to locate these offenders and the 

Federal Emergency Management Agency (FEMA was unable to 

provide information about assistance that had been provided. The 

Committee believes that this section will ensure that the Secretary 

of Homeland Security has the authority to share this information 

with law enforcement entities. 

TITLE XII—MARITIME ALIEN SMUGGLING

This title, modeled after the Maritime Drug Law Enforcement 

Act (46 U.S.C. App. 1901 1904), enables the Department of Homeland Security to improve the security of the U.S. land ports of 

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entry and coastlines against unlawful entry by those who seek to 

enter the United States without official permission or lawful authority, and to deny smugglers the use of maritime routes. Like the 

Maritime Drug Law Enforcement Act, this section addresses the 

shortcomings of existing law that impede the prosecution of maritime smugglers. 

The Committee is concerned that each year, maritime smugglers 

transport thousands of aliens to the United States with virtual impunity because the existing law does not sufficiently punish or 

deter such conduct. During Fiscal Years 2004 and 2005, over 840 

alien smugglers facilitated or attempted to facilitate the illegal 

entry of over 5,200 aliens into the United States at an estimated 

profit of $13.9 million. During this period, fewer than three percent 

of interdicted maritime alien smugglers were referred for prosecution because they successfully circumvented the elements necessary 

for the government to prevail on existing felony offenses. 

The Committee notes that previously, 8 U.S.C. 1324 was the 

principal Federal criminal statute under which alien smugglers, including maritime smugglers, are prosecuted. That law was not designed for prosecuting maritime smuggling cases with their unique 

evidentiary and jurisdictional issues. The Committee further notes 

that many of the difficulties encountered by the Coast Guard and 

other law enforcement agencies in maritime smuggling enforcement stem from a statutory framework that did not take into consideration the unique aspects of extraterritorial maritime law enforcement operations. Moreover, alien smuggling under 8 U.S.C. 

1324 was only a felony if the government could prove beyond a reasonable doubt that an alien smuggler sought commercial advantage 

or private financial gain, caused serious bodily injury, or placed in 

jeopardy the life of any person. Maritime smuggling is inherently 

dangerous, and felony prosecution should not be predicated on additional proof of that fact. Likewise, maritime smugglers have exploited the ‘‘profit’’ requirement for felony prosecution by offering 

incentives to the aliens to lie and coaching the aliens to tell criminal investigators that the smuggler was a ‘‘good Samaritan’’ who 

‘‘rescued’’ them. 

The Committee notes that in 1980, Congress recognized and addressed similar shortcomings in the Comprehensive Drug Abuse 

Prevention and Control Act of 1970 by enacting the Maritime Drug 

Law Enforcement Act. With this Title, the Committee addresses 

shortcomings in existing law and provides the law enforcement 

community with the legal tools and authority it needs to prevent 

human maritime smuggling. 

Section 1201. Short Title 

This section provides that this Title may be cited as the ‘‘Maritime Alien Smuggling Law Enforcement Act.’’

Section 1202. Congressional Declaration of Findings 

This section declares Congressional findings that maritime alien 

smuggling violates the national sovereignty of the United States, 

places the country at risk of terrorist activity, compromises the 

country’s border security, contravenes the rule of law, and compels 

an unnecessary risk to life among those who enforce the Nation’s 

laws. It also declares that such maritime alien smuggling creates 

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a condition of human suffering among those who seek to enter the 

United States without official permission or lawful authority that 

is to be universally condemned and vigorously opposed. 

Section 1203. Definitions 

This section defines the terms ‘‘alien,’’ ‘‘lawful authority,’’ ‘‘serious bodily injury,’’ ‘‘State,’’ ‘‘terrorist activity,’’ and ‘‘vessel of the 

United States’’ as those terms are to be construed in this Title. 

Section 1204. Maritime alien smuggling 

This section creates and defines the substantive offense of Maritime Alien Smuggling, as well as offenses for attempt and conspiracy to commit the substantive crime. This section clarifies certain jurisdictional issues and also enumerates an affirmative defense and rules for the admissibility of evidence. This provision also 

prescribes penalties for committing the enumerated offenses, including imprisonment for not less than 3 years and not more than 

20 years, a fine of not more than $100,000, or both. This provision 

also provides for more severe penalties in certain circumstances. 

Section 1205. Seizure or forfeiture of property 

This section provides for seizure or forfeiture of property in the 

manner prescribed by section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) of any conveyance, including any vessel, 

vehicle, or aircraft, that has been or is being used in the commission of any violation of this Title, the gross proceeds of such violation, and any property traceable to such conveyance or proceeds. 

This section also provides that practices commonly recognized as 

alien smuggling tactics may provide prima facie evidence of the intent needed to support an order to seize or forfeit property. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.— This Act may be cited as the ‘‘Homeland Security Act of 2002’’. 

(b) TABLE OF CONTENTS.— The table of contents for this Act is 

as follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND SECURITY 

* * * * * * * 

Sec. 104. Congressional notification. 

* * * * * * * 

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TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information Analysis and Infrastructure Protection; 

Access to Information 

Sec. 201. Directorate for Information Analysis and Infrastructure Protection. 

Sec. 202. Access to information. 

Sec. 203. Fusion center privacy and civil liberties training program. 

* * * * * * * 

Subtitle C—Information Security 

* * * * * * * 

Sec. 226. Office of Cybersecurity and Communications. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND 

SECURITY 

* * * * * * * 

Sec. 316. National Biosurveillance Integration Center. 

Sec. 317. Risk analysis process and integrated CBRN risk assessment. 

Sec. 318. National Bio and Agro-defense Facility. 

Sec. 319. Promoting antiterrorism through international cooperation program. 

øTITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY 

øSubtitle A—Under Secretary for Border and Transportation Security 

øSec. 401. Under Secretary for Border and Transportation Security. 

øSec. 402. Responsibilities. 

øSec. 403. Functions transferred.¿ 

TITLE IV—DIRECTORATE FOR POLICY 

Subtitle A—Under Secretary for Policy 

Sec. 401. Directorate for Policy. 

Sec. 402. Comprehensive Homeland Security Review. 

* * * * * * * 

Subtitle D—Immigration Enforcement Functions 

* * * * * * * 

Sec. 447. Document fraud prevention grant program. 

* * * * * * * 

TITLE V—NATIONAL EMERGENCY MANAGEMENT 

* * * * * * * 

Sec. 522. Metropolitan Medical Response System Program. 

* * * * * * * 

TITLE VII—MANAGEMENT 

* * * * * * * 

Sec. 707. Chief Operating Officers. 

Sec. 708. Chief Security Officer. 

TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR 

GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL 

PROVISIONS 

* * * * * * * 

Subtitle D—Acquisitions 

* * * * * * * 

Sec. 836. Homeland security procurement training. 

Sec. 837. Review of contractor past performance. 

Sec. 838. Integrity in contracting. 

Sec. 839. Requirement that certain articles procured for Department personnel be 

manufactured in the United States. 

* * * * * * * 

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Subtitle H—Miscellaneous Provisions 

* * * * * * * 

Sec. 890A. Expenditure reports as a condition of homeland security grants. 

Subtitle I—Information Sharing 

* * * * * * * 

øSec. 895. Authority to share grand jury information. 

øSec. 896. Authority to share electronic, wire, and oral interception information. 

øSec. 897. Foreign intelligence information. 

øSec. 898. Information acquired from an electronic surveillance. 

øSec. 899. Information acquired from a physical search.¿ 

Sec. 895. State and Local Fusion Center Program. 

* * * * * * * 

øTITLE XVIII—DOMESTIC NUCLEAR DETECTION OFFICE 

øSec. 1801. Domestic Nuclear Detection Office. 

øSec. 1802. Mission of Office. 

øSec. 1803. Hiring authority. 

øSec. 1804. Testing authority. 

øSec. 1805. Relationship to other Department entities and Federal agencies. 

øSec. 1806. Contracting and grant making authorities.¿ 

TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

Sec. 1901. Domestic Nuclear Detection Office. 

Sec. 1902. Mission of Office. 

Sec. 1903. Hiring authority. 

Sec. 1904. Testing authority. 

Sec. 1905. Relationship to other Department entities and Federal agencies. 

Sec. 1906. Contracting and grant making authorities. 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

* * * * * * * 

SEC. 102. SECRETARY; FUNCTIONS. 

(a) * * * 

* * * * * * * 

(f) SPECIAL ASSISTANT TO THE SECRETARY.—The Secretary shall 

appoint a Special Assistant to the Secretary who shall be responsible for—

(1) * * * 

* * * * * * * 

(9) coordinating with øthe Directorate of Border and Transportation Security¿ United States Customs and Border Protection and the Assistant Secretary for Trade Development of the 

Department of Commerce on issues related to the travel and 

tourism industries; and 

* * * * * * * 

SEC. 103. OTHER OFFICERS. 

(a) DEPUTY SECRETARY; UNDER SECRETARIES.—There are the following officers, appointed by the President, by and with the advice 

and consent of the Senate: 

(1) * * * 

* * * * * * * 

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(3) An Under Secretary øfor Border and Transportation Security¿ for Policy. 

* * * * * * * 

SEC. 104. CONGRESSIONAL NOTIFICATION. 

(a) IN GENERAL.—The Secretary shall actively consult with the 

congressional homeland security committees, and shall keep such 

committees fully and currently informed with respect to all activities 

and responsibilities within the jurisdictions of these committees. 

(b) RELATIONSHIP TO OTHER LAW.—Nothing in this section affects 

the requirements of section 872. The requirements of this section 

supplement, and do not replace, the requirements of that section. 

(c) CLASSIFIED NOTIFICATION.—The Secretary may submit any information required by this section in classified form if the information is classified pursuant to applicable national security standards. 

(d) SAVINGS CLAUSE.—This section shall not be construed to limit 

or otherwise affect the congressional notification requirements of 

title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), 

insofar as they apply to the Department. 

(e) DEFINITION.—As used in this section, the term ‘‘congressional 

homeland security committees’’ means the Committee on Homeland 

Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate.–

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

Subtitle A—Directorate for Information 

Analysis and Infrastructure Protection; 

Access to Information 

* * * * * * * 

SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES TRAINING 

PROGRAM. 

(a) ESTABLISHMENT.—The Secretary, through the Assistant Secretary for Information Analysis, the Privacy Officer, and the Officer 

for Civil Rights and Civil Liberties, shall establish a program within the Office of Civil Rights and Civil Liberties to provide privacy, 

civil liberties, and civil rights protection training for appropriate 

Department employees and State, local, tribal employees serving in 

State and local fusion centers participating in the State and Local 

Fusion Center Program. 

(b) MANDATORY TRAINING.—

(1) DEPARTMENT EMPLOYEES.—The Secretary shall require 

each employee of the Department who is embedded at a State 

or local fusion center and has access to United States citizens 

and legal permanent residents personally identifiable information to successfully complete training under the program established under subsection (a). 

(2) FUSION CENTER REPRESENTATIVES.—As a condition of receiving a grant from the Department, a fusion center shall require each State, local, tribal, or private sector representative of 

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the fusion center to successfully complete training under the 

program established under subsection (a) not later than six 

months after the date on which the State or local fusion center 

at which the employee is embedded receives a grant from the 

Department. 

(c) CONTENTS OF TRAINING.—Training provided under the program established under subsection (a) shall include training in Federal law in each of the following: 

(1) Privacy, civil liberties, and civil rights policies, procedures, and protocols that can provide or control access to information at a State or local fusion center. 

(2) Privacy awareness training based on section 552a of title 

5, United States Code, popularly known as the Privacy Act of 

1974. 

(3) The handling of personally identifiable information in a 

responsible and appropriate manner. 

(4) Appropriate procedures for the destruction of information 

that is no longer needed. 

(5) The consequences of failing to provide adequate privacy 

and civil liberties protections. 

(6) Compliance with Federal regulations setting standards for 

multijurisdictional criminal intelligence systems, including 28 

CFR 23 (as in effect on the date of the enactment of this section). 

(7) The use of immutable auditing mechanisms designed to 

track access to information at a State or local fusion center. 

(d) CERTIFICATION OF TRAINING.—The Secretary, acting through 

the head of the Office of Civil Rights and Civil Liberties, shall issue 

a certificate to each person who completes the training under this 

section and performs successfully in a written examination administered by the Office of Civil Rights and Civil Liberties. A copy of each 

such certificate issued to an individual working at a participating 

fusion center shall be kept on file at that fusion center. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized by section 101, there are authorized to be appropriate to carry 

out this section— (1) $3,000,000 for each of fiscal years 2008 through 2013; and 

(2) such sums as may be necessary for each subsequent fiscal 

year. 

* * * * * * * 

Subtitle C—Information Security 

* * * * * * * 

SEC. 226. OFFICE OF CYBERSECURITY AND COMMUNICATIONS. 

(a) IN GENERAL.—There shall be within the Department of Homeland Security an Office of Cybersecurity and Communications, 

which shall be headed by the Assistant Secretary for Cybersecurity 

and Communications. 

(b) DUTY OF THE ASSISTANT SECRETARY.—The Assistant Secretary 

shall assist the Secretary in carrying out the responsibilities of the 

Department regarding cybersecurity and communications. 

(c) RESPONSIBILITIES.—The Assistant Secretary shall be responsible for overseeing preparation, situational awareness, response, remstockstill on PROD1PC66 with HEARING

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constitution, and mitigation necessary for cybersecurity and to protect communications from terrorist attacks, major disasters, and 

other emergencies, including large-scale disruptions, and shall conduct the following activities to execute those responsibilities: 

(1) PREPARATION AND SITUATIONAL AWARENESS.— (A) Establish and maintain a capability within the Department to monitor critical information infrastructure to 

aid in detection of vulnerabilities and warning of potential 

acts of terrorism and other attacks. 

(B) Conduct risk assessments on critical information infrastructure with respect to acts of terrorism and other 

large-scale disruptions, identify and prioritize 

vulnerabilities in critical information infrastructure, and 

coordinate the mitigation of such vulnerabilities. 

(C) Develop a plan for the continuation of critical information operations in the event of a cyber attack or other 

large-scale disruption of the information infrastructure of 

the United States. 

(D) Oversee an emergency communications system in the 

event of an act of terrorism or other large-scale disruption 

of the information infrastructure of the United States. 

(2) RESPONSE AND RECONSTITUTION.— (A) Define what qualifies as a cyber incident of national 

significance for purposes of the National Response Plan. 

(B) Ensure that the Department’s priorities, procedures, 

and resources are in place to reconstitute critical information infrastructures in the event of an act of terrorism or 

other large-scale disruption. 

(3) MITIGATION.—

(A) Develop a national cybersecurity awareness, training, 

and education program that promotes cybersecurity awareness within the Federal Government and throughout the 

Nation. 

(B) Consult and coordinate with the Under Secretary for 

Science and Technology on cybersecurity research and development to strengthen critical information infrastructure 

against acts of terrorism and other large-scale disruptions. 

(d) DEFINITION.—In this section the term ‘‘critical information infrastructure’’ means systems and assets, whether physical or virtual, 

used in processing, transferring, and storing information so vital to 

the United States that the incapacity or destruction of such systems 

and assets would have a debilitating impact on security, national 

economic security, national public health or safety, or any combination of those matters. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY 

IN SUPPORT OF HOMELAND SECURITY 

* * * * * * * 

SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. 

(a) ESTABLISHMENT.—The Secretary shall establish a National 

Biosurveillance Integration Center (referred to in this section as the 

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‘‘NBIC’’) to enhance the capability of the Federal Government to 

rapidly identify, characterize, and localize a biological event by integrating and analyzing data related to human health, animals, 

plants, food, and the environment. The NBIC shall be headed by a 

Director. 

(b) INTEGRATED BIOSURVEILLANCE NETWORK.—As part of the 

NBIC, the Director shall develop, operate, and maintain an integrated network to detect, as early as possible, a biological event that 

presents a risk to the United States or the infrastructure or key assets of the United States. The network shall— (1) consolidate data from all relevant surveillance systems 

maintained by the Department and other governmental and private sources, both foreign and domestic, to the extent practicable; and 

(2) use an information technology system that uses the best 

available statistical and other analytical tools to identify and 

characterize biological events in as close to real-time as possible. 

(c) RESPONSIBILITIES.—

(1) IN GENERAL.—The Director shall—

(A) monitor on an ongoing basis the availability and appropriateness of candidate data feeds and solicit new surveillance systems with data that would enhance biological 

situational awareness or overall performance of the NBIC; 

(B) review and seek to improve on an ongoing basis the 

statistical and other analytical methods used by the NBIC; 

(C) establish a procedure to enable Federal, State and 

local government, and private sector entities to report suspicious events that could warrant further assessments by 

the NBIC; 

(D) receive and consider all relevant homeland security 

information; and 

(E) provide technical assistance, as appropriate, to all 

Federal, State, and local government entities and private 

sector entities that contribute data relevant to the operation 

of the NBIC. 

(2) ASSESSMENTS.—The Director shall— (A) continuously evaluate available data for evidence of 

a biological event; and 

(B) integrate homeland security information with NBIC 

data to provide overall biological situational awareness 

and determine whether a biological event has occurred. 

(3) INFORMATION SHARING.—The Director shall—

(A) establish a mechanism for real-time communication 

with the National Operations Center; 

(B) provide integrated information to the heads of the departments and agencies with which the Director has entered into an agreement under subsection (d); 

(C) notify the Secretary, the head of the National Operations Center, and the heads of appropriate Federal, State, 

tribal, and local entities of any significant biological event 

identified by the NBIC; 

(D) provide reports on NBIC assessments to Federal, 

State, and local government entities, including departments 

and agencies with which the Director has entered into an 

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agreement under subsection (d), and any private sector entities, as considered appropriate by the Director; and 

(E) use information sharing networks available to the Department for distributing NBIC incident or situational 

awareness reports. 

(d) INTERAGENCY AGREEMENTS.— (1) IN GENERAL.—The Secretary shall, where feasible, enter 

into agreements with the heads of appropriate Federal departments and agencies, including the Department of Health and 

Human Services, Department of Defense, the Department of Agriculture, the Department of State, the Department of Interior, 

and the Intelligence Community. 

(2) CONTENT OF AGREEMENTS.—Under an agreement entered 

into under paragraph (1), the head of a Federal department or 

agency shall agree to—

(A) use the best efforts of the department or agency to integrate biosurveillance information capabilities through 

NBIC; 

(B) provide timely, evaluated information to assist the 

NBIC in maintaining biological situational awareness for 

timely and accurate detection and response purposes; 

(C) provide connectivity for the biosurveillance data systems of the department or agency to the NBIC network 

under mutually agreed protocols; 

(D) detail, if practicable, to the NBIC department or 

agency personnel with relevant expertise in human, animal, 

plant, food, or environmental disease analysis and interpretation; 

(E) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable; 

and 

(F) participate in forming the strategy and policy for the 

operation and information sharing practices of the NBIC. 

(e) NOTIFICATION OF DIRECTOR.—The Secretary shall ensure that 

the Director is notified of homeland security information relating to 

any significant biological threat and receives all classified and unclassified reports related to such a threat in a timely manner. 

(f) ADMINISTRATIVE AUTHORITIES.— (1) PRIVACY.—The Secretary shall— (A) designate the NBIC as a public health authority; 

(B) ensure that the NBIC complies with any applicable 

requirements of the Health Insurance Portability and Accountability Act of 1996; and 

(C) ensure that all applicable privacy regulations are 

strictly adhered to in the operation of the NBIC and the 

sharing of any information related to the NBIC. 

(2) COLLECTION OF INFORMATION.—The NBIC, as a public 

health authority with a public health mission, is authorized to 

collect or receive health information, including such information protected under the Health Insurance Portability and Accountability Act of 1996, for the purpose of preventing or controlling disease, injury, or disability. 

(g) NBIC INTERAGENCY WORKING GROUP.—The Director shall—

(1) establish an interagency working group to facilitate interagency cooperation to advise the Director on recommendations 

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to enhance the biosurveillance capabilities of the Department; 

and 

(2) invite officials of Federal agencies that conduct biosurveillance programs, including officials of the departments and 

agencies with which the Secretary has entered into an agreement under subsection (d), to participate in the working group. 

(h) ANNUAL REPORT REQUIRED.—Not later than December 31 of 

each year, the Secretary shall submit to Congress a report that contains each of the following: 

(1) A list of departments, agencies, and private or nonprofit 

entities participating in the NBIC and a description of the data 

that each entity has contributed to the NBIC during the preceding fiscal year. 

(2) The schedule for obtaining access to any relevant biosurveillance information not received by the NBIC as of the 

date on which the report is submitted. 

(3) A list of Federal, State, and local government entities and 

private sector entities that have direct or indirect access to the 

information that is integrated by the NBIC. 

(4) For any year before the NBIC is fully implemented or any 

year in which any major structural or institutional change is 

made to the NBIC, an implementation plan for the NBIC that 

includes cost, schedule, key milestones, and the status of such 

milestones. 

(i) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.—The 

authority of the Secretary under this section shall not affect an authority or responsibility of any other Federal department or agency 

with respect to biosurveillance activities under any program administered by that department or agency. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section such sums as may be necessary for each fiscal year. 

(k) BIOLOGICAL EVENT.—For purposes of this section, the term ‘‘biological event’’ means—

(1) an act of terrorism involving biological agents or toxins of 

known or unknown origin; or 

(2) a naturally occurring outbreak of an infectious disease 

that may be of potential national significance. 

SEC. 317. RISK ANALYSIS PROCESS AND INTEGRATED CBRN RISK ASSESSMENT. 

(a) RISK ANALYSIS PROCESS.—The Secretary shall develop a risk 

analysis process that utilizes a scientific, quantitative methodology 

to assess and manage risks posed by chemical, biological, radiological, and nuclear (CBRN) agents. 

(b) INTEGRATED CBRN RISK ASSESSMENT.—The Secretary shall 

use the process developed under subsection (a) to conduct a risk assessment that shall support the integration of chemical, biological, 

radiological, and nuclear agents. 

(c) PURPOSE.—The purpose of the risk analysis process developed 

under subsection (a) and the integrated risk assessment conducted 

under subsection (b) shall be to identify high risk agents, determine 

how best to mitigate those risks, and guide resource allocation. Such 

risk analysis shall—

(1) facilitate satisfaction of the requirements of section 602; 

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(2) guide research, development, acquisition, and deployment 

of applicable countermeasures, including detection systems; 

(3) identify key knowledge gaps or vulnerabilities in the 

CBRN defense posture of the Department; 

(4) enable rebalancing and refining of investments within individual classes of threat agents as well as across such classes; 

and 

(5) support end-to-end assessments of the overall CBRN defense policy of the Department, taking into account the full spectrum of countermeasures available, including prevention, preparedness, planning, response and recovery activities, to better 

steer investments to strategies with the greatest potential for 

mitigating identified risks. 

(d) RISK INFORMATION.—

(1) CLASSES OF THREAT AGENTS.—In developing the risk 

analysis process under subsection (a) and conducting the risk 

assessment under subsection (b), the Secretary shall consider 

risks posed by the following classes of threats: 

(A) Chemical threats, including—

(i) toxic industrial materials and chemicals; 

(ii) traditional chemical warfare agents; and 

(iii) non-traditional agents, which are defined as 

novel chemical threat agents or toxicants requiring 

adapted countermeasures. 

(B) Biological threats, including—

(i) traditional agents listed by the Centers of Disease 

Control and Prevention as Category A, B, and C pathogens and toxins; 

(ii) enhanced agents, which are defined as traditional agents that have been modified or selected to enhance their ability to harm human populations or circumvent current countermeasures; 

(iii) emerging agents, which are defined as previously 

unrecognized pathogens that may be naturally occurring and present a serious risk to human populations; 

and 

(iv) advanced or engineered agents, which are defined as novel pathogens or other materials of biological nature that have been artificially engineered in the 

laboratory to bypass traditional countermeasures or 

produce a more severe or otherwise enhanced spectrum 

of disease. 

(C) Nuclear and radiological threats, including fissile 

and other radiological material that could be incorporated 

into an improvised nuclear device or a radiological dispersal device or released into a wide geographic area by 

damage to a nuclear reactor. 

(D) Threats to the agriculture sector and food and water 

supplies. 

(E) Other threat agents the Secretary determines appropriate. 

(2) SOURCES.—The risk analysis process developed under subsection (a) shall be informed by findings of the intelligence and 

law enforcement communities and integrated with expert input 

from the scientific, medical, and public health communities, inmstockstill on PROD1PC66 with HEARING

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cluding from relevant components of the Department and other 

Federal agencies. 

(3) DATA QUALITY, SPECIFICITY, AND CONFIDENCE.—In developing the risk analysis process under subsection (a), the Secretary shall consider the degree of uncertainty and variability 

in the available scientific information and other information 

about the classes of threat agents under paragraph (1). An external review shall be conducted to assess the ability of the risk 

analysis process developed by the Secretary to address areas of 

large degrees of uncertainty. 

(4) NEW INFORMATION.—The Secretary shall frequently and 

systematically update the risk assessment conducted under subsection (b), as needed, to incorporate emerging intelligence information or technological changes in order to keep pace with 

evolving threats and rapid scientific advances. 

(e) METHODOLOGY.—The risk analysis process developed by the 

Secretary under subsection (a) shall—

(1) consider, as variables—

(A) threat, or the likelihood that a type of attack that 

might be attempted; 

(B) vulnerability, or the likelihood that an attacker would 

succeed; and 

(C) consequence, or the likely impact of an attack; 

(2) evaluate the consequence component of risk as it relates to 

mortality, morbidity, and economic effects; 

(3) allow for changes in assumptions to evaluate a full range 

of factors, including technological, economic, and social trends, 

which may alter the future security environment; 

(4) contain a well-designed sensitivity analysis to address 

high degrees of uncertainty associated with the risk analyses of 

certain CBRN agents; 

(5) utilize red teaming analysis to identify vulnerabilities an 

adversary may discover and exploit in technology, training, and 

operational procedures and to identify open-source information 

that could be used by those attempting to defeat the countermeasures; and 

(6) incorporate an interactive interface that makes results and 

limitations transparent and useful to decision makers for identifying appropriate risk management activities. 

(f) COORDINATION.—The Secretary shall ensure that all risk analysis activities with respect to radiological or nuclear materials shall 

be conducted in coordination with the Domestic Nuclear Detection 

Office. 

(g) TIMEFRAME; REPORTS TO CONGRESS.—

(1) INITIAL REPORT.—By not later than June 2008, the Secretary shall complete the first formal, integrated, CBRN risk assessment required under subsection (b) and shall submit to 

Congress a report summarizing the findings of such assessment 

and identifying improvements that could be made to enhance 

the transparency and usability of the risk analysis process developed under subsection (a). 

(2) UPDATES TO REPORT.—The Secretary shall submit to Congress updates to the findings and report in paragraph (1), when 

appropriate, but by not later than two years after the date on 

which the initial report is submitted. Such updates shall reflect 

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improvements in the risk analysis process developed under subsection (a). 

SEC. 318. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 

(a) ESTABLISHMENT.—There is in the Department a National Bio 

and Agro-defense Facility (referred to in this section as the 

‘‘NBAF’’), which shall be headed by a Director who shall be appointed by the Secretary. 

(b) PURPOSES.— (1) IN GENERAL.—The NBAF shall be an integrated human, 

foreign-animal, and zoonotic disease research, development, 

testing, and evaluation facility with the purpose of supporting 

the complementary missions of the Department, the Department 

of Agriculture, and the Department of Health and Human Services in defending against the threat of potential acts of 

agroterrorism and natural-occurring incidents related to agriculture with the potential to adversely impact public health, 

animal health, and the economy, or may otherwise impact 

homeland security. 

(2) KNOWLEDGE PRODUCTION AND SHARING.—The NBAF shall 

produce and share knowledge and technology for the purpose of 

reducing economic losses caused by foreign-animal, zoonotic, 

and, as appropriate, other endemic animal diseases of livestock 

and poultry, and preventing human suffering and death caused 

by diseases existing or emerging in the agricultural sector. 

(c) RESPONSIBILITIES OF DIRECTOR.—The Secretary shall vest in 

the Director primary responsibility for each of the following: 

(1) Directing basic, applied, and advanced research, development, testing, and evaluation relating to foreign-animal, 

zoonotic, and, as appropriate, other endemic animal diseases, 

including foot and mouth disease, and performing related activities, including— (A) developing countermeasures for foreign-animal, 

zoonotic, and, as appropriate, other endemic animal diseases, including diagnostics, vaccines and therapeutics; 

(B) providing advanced test and evaluation capability for 

threat detection, vulnerability, and countermeasure assessment for foreign-animal, zoonotic, and, as appropriate, 

other endemic animal diseases; 

(C) conducting nonclinical, animal model testing and 

evaluation under the Food and Drug Administration’s Animal Rule as defined in parts 314 and 601 of title 22, Code 

of Federal Regulations, to support the development of 

human medical countermeasures by the Department of 

Human Services under the Public Health Service Act (42 

U.S.C. 201 et seq); 

(D) establishing NBAF information-sharing mechanisms 

to share information with relevant stakeholders, including 

the National Animal Health Laboratory Network; and 

(E) identifying and promoting uniform national standards for animal disease diagnostics. 

(2) Facilitating the coordination of Federal, State, and local 

governmental research and development efforts and resources 

relating to protecting public health and animal health from foreign-animal, zoonotic, and, as appropriate, other endemic animal diseases. 

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(3) Ensuring public safety during an emergency by developing 

an emergency response plan under which emergency response 

providers in the community are sufficiently prepared or trained 

to respond effectively and given sufficient notice to allow for an 

effective response. 

(4) Ensuring NBAF site and facility security. 

(5) Providing training to develop skilled research and technical staff with the needed expertise in operations conducted at 

biological and agricultural research facilities. 

(6) Leveraging the expertise of academic institutions, industry, the Department of Energy National Laboratories, State and 

local governmental resources, and professional organizations involved in veterinary, medical and public health, and agriculture issues to carry out functions describes in (1) and (2). 

(d) REQUIREMENTS.—The Secretary, in designing and constructing the NBAF, shall ensure that the facility meets the following requirements: 

(1) The NBAF shall consist of state-of-the-art biocontainment 

laboratories capable of performing research and activities at 

Biosafety Level 3 and 4, as designated by the Centers for Disease Control and Prevention and the National Institutes of 

Health. 

(2) The NBAF facility shall be located on a site of at least 30 

acres that can be readily secured by physical measure. 

(3) The NBAF facility shall be at least 500,000 square feet 

with a capacity of housing a minimum of 80 large animals for 

research, testing and evaluation; 

(4) The NBAF shall be located at a site with a preexisting 

utility infrastructure, or a utility infrastructure that can be easily built. 

(5) The NBAF shall be located at a site that has been subject 

to an Environmental Impact Statement under the National Environmental Policy Act of 1969. 

(6) The NBAF shall be located within a reasonable proximity 

to a national or regional airport and to major roadways. 

(e) AUTHORIZATION TO PROCURE REAL PROPERTY AND ACCEPT IN

KIND DONATIONS FOR THE NBAF SITE.—The Secretary may accept 

and use donations of real property for the NBAF site and may accept and use in-kind donations of real property, personal property, 

laboratory and office space, utility services, and infrastructure upgrades for the purpose of assisting the Director in carrying out the 

responsibilities of the Director under this section. 

(f) APPLICABILITY OF OTHER LAWS.—

(1) PUBLIC BUILDINGS ACT.—The NBAF shall not be considered a ‘‘public building′′ for purposes of the Public Buildings 

Act of 1959 (40 U.S.C. 3301 et seq.). 

(2) LIVE VIRUS OF FOOT AND MOUTH DISEASE RESEARCH.—The 

Secretary shall enable the study of live virus of foot and mouth 

disease at the NBAF, wherever it is sited, notwithstanding section 113a of title 21, United States Code. 

(g) COORDINATION.— (1) INTERAGENCY AGREEMENTS.— (A) IN GENERAL.—The Secretary shall enter into understandings or agreements with the heads of appropriate Federal departments and agencies, including the Secretary of 

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Agriculture and the Secretary of Health and Human Services, to define the respective roles and responsibilities of 

each Department in carrying out foreign-animal, zoonotic, 

and other endemic animal disease research and development at the NBAF to protect public health and animal 

health. 

(B) DEPARTMENT OF AGRICULTURE.—The understanding 

or agreement entered into with the Secretary of Agriculture 

shall include a provision describing research programs and 

functions of the Department of Agriculture and the Department of Homeland Security, including those research programs and functions carried out at the Plum Island Animal Disease Center and those research programs and functions that will be transferred to the NBAF. 

(C) DEPARTMENT OF HEALTH AND HUMAN SERVICES.—The 

understanding or agreement entered into with the Department of Health and Human Services shall describe research programs of the Department of Health and Human 

Services that may relate to work conducted at NBAF. 

(2) COOPERATIVE RELATIONSHIPS.—The Director shall form 

cooperative relationships with the National Animal Health Laboratory Network and American Association of Veterinary Laboratory Diagnosticians to connect with the network of Federal 

and State resources intended to enable an integrated, rapid, 

and sufficient response to animal health emergencies. 

SEC. 319. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL 

COOPERATION PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) DIRECTOR.—The term ‘‘Director’’ means the Director selected under subsection (b)(2). 

(2) INTERNATIONAL COOPERATIVE ACTIVITY.—The term ‘‘international cooperative activity’’ includes— (A) coordinated research projects, joint research projects, 

or joint ventures; 

(B) joint studies or technical demonstrations; 

(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; 

(D) training of scientists and engineers; 

(E) visits and exchanges of scientists, engineers, or other 

appropriate personnel; 

(F) exchanges or sharing of scientific and technological 

information; and 

(G) joint use of laboratory facilities and equipment. 

(b) SCIENCE AND TECHNOLOGY HOMELAND SECURITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.—

(1) ESTABLISHMENT.—The Under Secretary shall establish the 

Science and Technology Homeland Security International Cooperative Programs Office. 

(2) DIRECTOR.—The Office shall be headed by a Director, 

who—

(A) shall be selected by and shall report to the Under Secretary; and 

(B) may be an officer of the Department serving in another position. 

(3) RESPONSIBILITIES.—

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(A) DEVELOPMENT OF MECHANISMS.—The Director shall 

be responsible for developing, in consultation with the Department of State, understandings or agreements that 

allow and support international cooperative activity in support of homeland security research, development, and comparative testing. 

(B) PRIORITIES.—The Director shall be responsible for developing, in coordination with the Directorate of Science 

and Technology, the other components of the Department of 

Homeland Security, and other Federal agencies, strategic 

priorities for international cooperative activity in support of 

homeland security research, development, and comparative 

testing. 

(C) ACTIVITIES.—The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the 

Under Secretary considers appropriate, including grants, 

cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses, federally funded research and development centers, 

and universities. 

(D) IDENTIFICATION OF PARTNERS.—The Director shall facilitate the matching of United States entities engaged in 

homeland security research with non-United States entities 

engaged in homeland security research so that they may 

partner in homeland security research activities. 

(4) COORDINATION.—The Director shall ensure that the activities under this subsection are coordinated with those of other 

relevant research agencies, and may run projects jointly with 

other agencies. 

(5) CONFERENCES AND WORKSHOPS.—The Director may hold 

international homeland security technology workshops and conferences to improve contact among the international community 

of technology developers and to help establish direction for future technology goals. 

(c) INTERNATIONAL COOPERATIVE ACTIVITIES.— (1) AUTHORIZATION.—The Under Secretary is authorized to 

carry out international cooperative activities to support the responsibilities specified under section 302. 

(2) MECHANISMS AND EQUITABILITY.—In carrying out this section, the Under Secretary may award grants to and enter into 

cooperative agreements or contracts with United States governmental organizations, businesses (including small businesses 

and small and disadvantaged businesses), federally funded research and development centers, institutions of higher education, and foreign public or private entities. The Under Secretary shall ensure that funding and resources expended in 

international cooperative activities will be equitably matched by 

the foreign partner organization through direct funding or 

funding of complementary activities, or through provision of 

staff, facilities, materials, or equipment. 

(3) LOANS OF EQUIPMENT.—The Under Secretary may make 

or accept loans of equipment for research and development and 

comparative testing purposes. 

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(4) COOPERATION.—The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies. 

(5) FOREIGN PARTNERS.—Partners may include Israel, the 

United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism, as appropriate. 

(6) EXOTIC DISEASES.—As part of the international cooperative activities authorized in this section, the Under Secretary, in 

coordination with the Chief Medical Officer, may facilitate the 

development of information sharing and other types of cooperative mechanisms with foreign countries, including nations in 

Africa, to strengthen American preparedness against threats to 

the Nation’s agricultural and public health sectors from exotic 

diseases. 

(d) BUDGET ALLOCATION.—There is authorized to be appropriated 

to the Secretary, to be derived from amounts otherwise authorized 

for the Directorate of Science and Technology, $25,000,000 for each 

of the fiscal years 2008 through 2011 for activities under this section. 

(e) FOREIGN REIMBURSEMENTS.—Whenever the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share of the 

project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology. 

(f) REPORT TO CONGRESS ON INTERNATIONAL COOPERATIVE ACTIVITIES.—

(1) INITIAL REPORT.—Not later than 180 days after the date 

of enactment of this section, the Under Secretary, acting 

through the Director, shall transmit to the Congress a report 

containing—

(A) a brief description of each partnership formed under 

subsection (b)(4), including the participants, goals, and 

amount and sources of funding; and 

(B) a list of international cooperative activities underway, 

including the participants, goals, expected duration, and 

amount and sources of funding, including resources provided to support the activities in lieu of direct funding. 

(2) UPDATES.—At the end of the fiscal year that occurs 5 

years after the transmittal of the report under subsection (a), 

and every 5 years thereafter, the Under Secretary, acting 

through the Director, shall transmit to the Congress an update 

of the report required under subsection (a). 

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øTITLE IV—DIRECTORATE OF BORDER 

AND TRANSPORTATION SECURITY 

øSubtitle A—Under Secretary for Border 

and Transportation Security 

øSEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION 

SECURITY. 

øThere shall be in the Department a Directorate of Border and 

Transportation Security headed by an Under Secretary for Border 

and Transportation Security. 

øSEC. 402. RESPONSIBILITIES. 

øThe Secretary, acting through the Under Secretary for Border 

and Transportation Security, shall be responsible for the following: 

ø(1) Preventing the entry of terrorists and the instruments 

of terrorism into the United States. 

ø(2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems 

of the United States, including managing and coordinating 

those functions transferred to the Department at ports of 

entry. 

ø(3) Carrying out the immigration enforcement functions 

vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the date on which the transfer of functions specified under section 441 takes effect. 

ø(4) Establishing and administering rules, in accordance 

with section 428, governing the granting of visas or other 

forms of permission, including parole, to enter the United 

States to individuals who are not a citizen or an alien lawfully 

admitted for permanent residence in the United States. 

ø(5) Establishing national immigration enforcement policies 

and priorities. 

ø(6) Except as provided in subtitle C, administering the customs laws of the United States. 

ø(7) Conducting the inspection and related administrative 

functions of the Department of Agriculture transferred to the 

Secretary of Homeland Security under section 421. 

ø(8) In carrying out the foregoing responsibilities, ensuring 

the speedy, orderly, and efficient flow of lawful traffic and commerce. 

øSEC. 403. FUNCTIONS TRANSFERRED. 

øIn accordance with title XV (relating to transition provisions), 

there shall be transferred to the Secretary the functions, personnel, 

assets, and liabilities of— ø(1) the United States Customs Service of the Department of 

the Treasury, including the functions of the Secretary of the 

Treasury relating thereto; 

ø(2) the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto; 

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ø(3) the Federal Protective Service of the General Services 

Administration, including the functions of the Administrator of 

General Services relating thereto; 

ø(4) the Federal Law Enforcement Training Center of the 

Department of the Treasury; and 

ø(5) the Office for Domestic Preparedness of the Office of 

Justice Programs, including the functions of the Attorney General relating thereto.¿ 

TITLE IV—DIRECTORATE FOR POLICY 

Subtitle A—Under Secretary for Policy 

SEC. 401. DIRECTORATE FOR POLICY. 

(a) ESTABLISHMENT.—There is in the Department a Directorate 

for Policy. The Directorate for Policy shall contain each of the following: 

(1) The Office of the Private Sector, which shall be administered by an Assistant Secretary for the Private Sector. 

(2) The Victim Assistance Officer. 

(3) The Tribal Security Officer. 

(4) The Border Community Liaison Officer. 

(5) Such other offices as considered necessary by the Under 

Secretary for Policy. 

(b) UNDER SECRETARY FOR POLICY.—

(1) IN GENERAL.—The head of the Directorate is the Under 

Secretary for Policy, who shall be appointed by the President, 

with the advice and consent of the Senate. 

(2) QUALIFICATIONS.—No individual shall be appointed to the 

position of Under Secretary for Policy under paragraph (1) unless the individual has, by education and experience, demonstrated knowledge, ability, and skill in the fields of policy 

and strategic planning. 

(3) RESPONSIBILITIES.—Subject to the direction and control of 

the Secretary, the responsibilities of the Under Secretary for 

Policy shall be as follows: 

(A) To serve as the principal policy advisor to the Secretary. 

(B) To provide overall direction and supervision of policy 

development for the programs, offices, and activities of the 

Department. 

(C) To ensure that the budget of the Department (including the development of future year budgets and interaction 

with the Office of Management and Budget and with Congress) is compatible with the statutory and regulatory responsibilities of the Department and with the Secretary’s 

priorities, strategic plans, and policies. 

(D) To conduct long-range, strategic planning for the Department, including overseeing the Comprehensive Homeland Security Review established in section 203. 

(E) To carry out such other responsibilities as the Secretary may determine are appropriate. 

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SEC. 402. COMPREHENSIVE HOMELAND SECURITY REVIEW. 

(a) REQUIREMENT TO CONDUCT REVIEWS.—The Secretary, acting 

through the Under Secretary for Policy, shall conduct a comprehensive examination of the Department, to be known as the Comprehensive Homeland Security Review. The Secretary shall conduct the 

first such review in fiscal year 2009, and shall conduct a subsequent 

review in the first fiscal year in which there begins the first presidential term of a new presidential administration. 

(b) PURPOSE OF REVIEW.—In each Comprehensive Homeland Security Review, the Secretary shall—

(1) include a Department of Homeland Security Strategy that 

is consistent with the most recent National Strategy for Homeland Security prescribed by the President; 

(2) define sufficient personnel and appropriate organizational 

structure and other requirements necessary for the successful 

execution of the full range of missions called for in the Department of Homeland Security Strategy; and 

(3) identify a budget plan, acquisition strategy, procurement 

process, and any other resources, that are necessary to provide 

sufficient resources for the successful execution of the full range 

of missions called for in the Department of Homeland Security 

Strategy. 

(c) CONDUCT OF REVIEW.—

(1) CONSULTATION REQUIRED.—The Secretary shall conduct 

each review required under subsection (a) in consultation with 

key officials of the Department, including the Assistant Secretary of the Transportation Security Administration, the Commissioner of United States Customs and Border Protection, the 

Director of United States Citizenship and Immigration Services, 

the Assistant Secretary for Immigration and Customs Enforcement, the Director of the United States Secret Service, the Administrator of the Federal Emergency Management Agency, the 

Director of the Federal Law Enforcement Training Center, and 

the Commandant of the Coast Guard. 

(2) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECURITY

PROGRAM.—The Secretary shall ensure that each review conducted under this section is consistent with the Future Years 

Homeland Security Program required under section 874. 

(d) REPORT TO CONGRESS AND THE PRESIDENT.—

(1) REPORT.—The Secretary shall submit to the Committee on 

Homeland Security of the House of Representatives, to the Committee on Homeland Security and Governmental Affairs of the 

Senate, and to the President a report on each Comprehensive 

Homeland Security Review. Each such report shall be submitted during the fiscal year following the fiscal year in which 

the review is conducted, but not later than the date on which 

the President submits to Congress the budget under section 

1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the report is to be submitted. 

(2) CONTENTS.—Each such report shall include the following, 

with a focus on reducing and managing risk and in preparing 

for, mitigating against, responding to, and recovering from terrorist attacks, major disasters, and other emergencies: 

(A) A comprehensive assessment of the level of alignment 

between the Department of Homeland Security Strategy 

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and the human resources, infrastructure, assets, and organizational structure of the Department. 

(B) An explanation of any and all underlying assumptions used in conducting the Review. 

(C) The human resources requirements and response capabilities of the Department as they relate to the risks of 

terrorist attacks, major disasters, and other emergencies. 

(D) The strategic and tactical air, border sea, and land 

capabilities and requirements to support the Department of 

Homeland Security Strategy. 

(E) The nature and appropriateness of homeland security 

operational capabilities, including operational scientific 

and technical resources and capabilities and the anticipated effects on the human resources capabilities, costs, efficiencies, resources, and planning of the Department of any 

technology or operational capabilities anticipated to be 

available during the years subsequent to the Review. 

(F) Any other matter the Secretary considers appropriate 

to include in the Review. 

(3) DEADLINE FOR INITIAL REPORT.—Notwithstanding paragraph (1), the Secretary shall submit the first Report required 

under subsection (a) not later than September 30, 2010. 

(e) PREPARATIONS FOR FISCAL YEAR 2008 REVIEW.—In fiscal year 

2008, the Under Secretary for Policy shall make all preparations for 

the conduct of the first Comprehensive Homeland Security Review 

in fiscal year 2009, including—

(1) determining the tasks to be performed; 

(2) estimating the human, financial, and other resources required to perform each task; 

(3) establishing the schedule for the execution of all project 

tasks; 

(4) ensuring that these resources will be available as needed; 

and 

(5) all other preparations considered necessary by the Under 

Secretary. 

Subtitle B—United States Customs Service 

SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS. 

(a) ESTABLISHMENT.—There is established in the Department the 

United States Customs Service, øunder the authority of the Under 

Secretary for Border and Transportation Security,¿ which shall be 

vested with those functions including, but not limited to those set 

forth in section 415(7), and the personnel, assets, and liabilities attributable to those functions. 

* * * * * * * 

Subtitle C—Miscellaneous Provisions 

* * * * * * * 

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SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS. 

(a) IN GENERAL.—øThe¿ There is in the Department an Office for 

Domestic Preparedness øshall be within the Directorate of Border 

and Transportation Security¿. 

(b) DIRECTOR.—There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President, by and 

with the advice and consent of the Senate. øThe Director of the Office for Domestic Preparedness shall report directly to the Under 

Secretary for Border and Transportation Security.¿ 

* * * * * * * 

ø(d) FISCAL YEARS 2003 and 2004.—During fiscal year 2003 and 

fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out 

those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and 

authorities, and with the required level of personnel, assets, and 

budget before September 11, 2001.¿ 

* * * * * * * 

Subtitle D—Immigration Enforcement 

Functions 

SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY. 

In accordance with title XV (relating to transition provisions), 

there shall be transferred from the Commissioner of Immigration 

and Naturalization to the øUnder Secretary for Border and Transportation Security¿ Secretary all functions performed under the following programs, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: 

(1) * * * 

* * * * * * * 

SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY. 

(a) ESTABLISHMENT OF BUREAU.— (1) * * * 

(2) ASSISTANT SECRETARY.—The head of the Bureau of Border Security shall be the Assistant Secretary of the Bureau of 

Border Security, øwho—

ø(A) shall report directly to the Under Secretary for Border and Transportation Security; and 

ø(B) shall¿ who shall have a minimum of 5 years professional experience in law enforcement, and a minimum of 

5 years of management experience. 

(3) FUNCTIONS.—The Assistant Secretary of the Bureau of 

Border Security— (A) shall establish the policies for performing such functions as are— (i) transferred to the øUnder Secretary for Border 

and Transportation Security¿ Secretary by section 441 

and delegated to the Assistant Secretary by the 

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øUnder Secretary for Border and Transportation Security¿ Secretary; or 

* * * * * * * 

(C) shall advise the Under Secretary for øBorder and 

Transportation Security¿ Policy with respect to any policy 

or operation of the Bureau of Border Security that may affect the Bureau of Citizenship and Immigration Services 

established under subtitle E, including potentially conflicting policies or operations. 

* * * * * * * 

(5) STUDENT AND EXCHANGE VISITOR PROGRAM.—In administering the program under paragraph (4), the Secretary shall— (A) prescribe regulations to require an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program to ensure that each 

covered student or exchange visitor enrolled at the institution or attending the exchange visitor program— (i) is an active participant in the program for which 

the covered student or exchange visitor was issued a 

visa to enter the United States; 

(ii) is not unobserved for any period— (I) exceeding 30 days during any academic term 

or program in which the covered student or exchange visitor is enrolled; or 

(II) exceeding 60 days during any period not described in subclause (I); and 

(iii) is reported to the Department if within 21 days 

of— (I) transferring to another institution or program; or 

(II) being hospitalized or otherwise incapacitated 

necessitating a prolonged absence from the academic institution or exchange visitor program; and 

(B) notwithstanding subparagraph (A), require each covered student or exchange visitor to be observed at least once 

every 60 days. 

(6) ENHANCED ACCESS.—The Secretary shall provide access to 

the Student and Exchange Visitor Information System (hereinafter in this subsection referred to as the ‘‘SEVIS’’), or other 

equivalent program or system, to appropriate employees of an 

institution or exchange visitor program sponsor participating in 

the Student and Exchange Visitor Program if—

(A) at least two authorized users are identified at each 

participating institution or exchange visitor sponsor; 

(B) at least one additional authorized user is identified 

at each such institution or sponsor for every 200 covered 

students or exchange visitors enrolled at the institution or 

sponsor; and 

(C) each authorized user is certified by the Secretary as 

having completed an appropriate training course provided 

by the Department for the program or system. 

(7) PROGRAM SUPPORT.—The Secretary shall provide appropriate technical support options to facilitate use of the program 

or system described in paragraph (4) by authorized users. 

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(8) UPGRADES TO SEVIS OR EQUIVALENT DATA.—The Secretary shall update the program or system described in paragraph (4) to incorporate new data fields that include—

(A) verification that a covered student’s performance 

meets the minimum academic standards of the institution 

in which such student is enrolled; and 

(B) timely entry of academic majors, including changes to 

majors, of covered students and exchange visitors enrolled 

at institutions or exchange program sponsors participating 

in the Student and Exchange Visitor Program. 

(9) SAVINGS CLAUSE.— Nothing in this section shall prohibit 

the Secretary or any institution or exchange program sponsor 

participating in the Student Exchange Visitor Program from requiring more frequent observations of covered students or exchange visitors.–

ø(5)¿ (10) MANAGERIAL ROTATION PROGRAM.—

(A) * * * 

* * * * * * * 

(d) DEFINITIONS.—For purposes of this section: 

(1) The term ‘‘covered student’’ means a student who is a nonimmigrant pursuant to section 101(1)(15)(F), 101(1)(15)(J), or 

101(1)(15)(M) of the Immigration and Nationality Act of 1952. 

(2) The term ‘‘observed’’ means positively identified by physical or electronic means. 

(3) The term ‘‘authorized user’’ means an individual nominated by an institution participating in the Student Exchange 

Visitor Program and confirmed by the Secretary as not appearing on any terrorist watch list. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Of the amount authorized by section 101 of the Department of Homeland Security Authorization Act for Fiscal Year 2008, there are authorized to be appropriated to the Secretary such sums as may be necessary to carry out 

this section.–

SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW. 

øThe Under Secretary for Border and Transportation Security¿ 

Subject to the direction and control of the Secretary, the Deputy Secretary shall be responsible for—

(1) * * * 

* * * * * * * 

SEC. 444. EMPLOYEE DISCIPLINE. 

øThe Under Secretary for Border and Transportation Security¿ 

Subject to the direction and control of the Secretary, the Deputy Secretary may, notwithstanding any other provision of law, impose disciplinary action, including termination of employment, pursuant to 

policies and procedures applicable to employees of the Federal Bureau of Investigation, on any employee of the Bureau of Border Security who willfully deceives the Congress or agency leadership on 

any matter. 

* * * * * * * 

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SEC. 447. DOCUMENT FRAUD PREVENTION GRANT PROGRAM. 

(a) IN GENERAL.—The Secretary shall establish a program to 

make grants available to States to be used to prevent terrorists and 

other individuals from fraudulently obtaining and using Stateissued identification cards and to develop more secure State-issued 

documents to be used for official Federal purposes. 

(b) USE OF FUNDS.—A recipient of a grant under this section may 

use the grant for any of the following purposes: 

(1) To develop machine readable technology, encryption methods, or other means of protecting against unauthorized access 

of information appearing on licenses or identification. 

(2) To establish a system for a State-to-State data exchange 

that allows electronic access to States to information contained 

in a State department of motor vehicles database. 

(3) To develop or implement a security plan designed to safeguard the privacy of personal information collected, maintained, and used by State motor vehicles offices from unauthorized access, misuse, fraud, and identity theft. 

(4) To develop a querying service that allows access to Federal databases in a timely, secure, and cost-effective manner, in 

order to verify the issuance, validity, content, and completeness 

of source documents provided by applicants for identity documents issued by State agencies, including departments of motor 

vehicles. 

(5) To develop a system for States to capture and store digital 

images of identity source documents and photographs of applicants in electronic format. 

(6) To design systems or establish procedures that would reduce the number of in-person visits required to State departments of motor vehicles to obtain State-issued identity documents used for Federal official purposes. 

(c) PRIORITY IN AWARDING GRANTS.—In awarding grants under 

this section the Secretary shall give priority to a State that demonstrates that—

(1) the grant will assist the State in complying with any regulation issued by the Department to prevent the fraudulent 

issuance of identification documents to be used for official Federal purposes; and 

(2) such compliance will facilitate the ability of other States 

to comply with such regulations. 

(d) LIMITATION ON SOURCE OF FUNDING.—The Secretary may not 

use amounts made available under this section for any other grant 

program of the Department to provide funding for expenses related 

to the REAL ID Act of 2005 (Public Law 109–13). 

(e) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized by section 101 there are authorized to be appropriated to the 

Secretary for making grants under this section—

(1) 120,000,000 for fiscal year 2008; 

(2) $100,000,000 for fiscal year 2009; and 

(3) $80,000,000 for fiscal year 2010. 

* * * * * * * 

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Subtitle F—General Immigration 

Provisions 

* * * * * * * 

SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. 

(a) * * * 

* * * * * * * 

(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN- MENT.—An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the 

date of the separation on which the payment is based, accepts any 

compensated employment with the Government or works for any 

agency of the Government through a personal services contract, 

shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered entity from which the individual 

separated or, if made on or after the transfer date, to the Deputy 

Secretary øor the Under Secretary for Border and Transportation 

Security¿ (for transfer to the appropriate component of the Department of Homeland Security, if necessary). 

* * * * * * * 

TITLE V—NATIONAL EMERGENCY 

MANAGEMENT 

* * * * * * * 

øSEC. 516. CHIEF MEDICAL OFFICER. 

ø(a) IN GENERAL.—There is in the Department a Chief Medical 

Officer, who shall be appointed by the President, by and with the 

advice and consent of the Senate. 

ø(b) QUALIFICATIONS.—The individual appointed as Chief Medical 

Officer shall possess a demonstrated ability in and knowledge of 

medicine and public health. 

ø(c) RESPONSIBILITIES.—The Chief Medical Officer shall have the 

primary responsibility within the Department for medical issues related to natural disasters, acts of terrorism, and other man-made 

disasters, including— ø(1) serving as the principal advisor to the Secretary and the 

Administrator on medical and public health issues; 

ø(2) coordinating the biodefense activities of the Department; 

ø(3) ensuring internal and external coordination of all medical preparedness and response activities of the Department, 

including training, exercises, and equipment support; 

ø(4) serving as the Department’s primary point of contact 

with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments or agencies, on medical 

and public health issues; 

ø(5) serving as the Department’s primary point of contact for 

State, local, and tribal governments, the medical community, 

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and others within and outside the Department, with respect to 

medical and public health matters; 

ø(6) discharging, in coordination with the Under Secretary 

for Science and Technology, the responsibilities of the Department related to Project Bioshield; and 

ø(7) performing such other duties relating to such responsibilities as the Secretary may require.¿ 

SEC. 516. CHIEF MEDICAL OFFICER. 

(a) IN GENERAL.—There is in the Department a Chief Medical Officer, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall have the rank and title 

of Assistant Secretary for Health Affairs and Chief Medical Officer 

(in this section referred to as the ‘‘Chief Medical Officer’’). 

(b) OFFICE OF HEALTH AFFAIRS.—There is in the Department an 

Office of Health Affairs, which shall be headed by the Chief Medical 

Officer. 

(c) QUALIFICATIONS.—The individual appointed as the Chief Medical Officer shall possess a demonstrated ability in and knowledge 

of medicine, public health, and the treatment of illnesses caused by 

chemical, biological, nuclear, and radiological agents. 

(d) RESPONSIBILITIES.—The Chief Medical Officer shall have the 

primary responsibility within the Department for medical and 

health issues related to the general roles, responsibilities, and operations of the Department, and terrorist attacks, major disasters, and 

other emergencies, including— (1) serving as the principal advisor to the Secretary and leading the Department’s medical care, public health, food, water, 

veterinary care, and agro- security and defense responsibilities; 

(2) providing oversight for all medically-related actions and 

protocols of the Department’s medical personnel; 

(3) administering the Department’s responsibilities for medical readiness, including— (A) planning and guidance to support improvements in 

local training, equipment, and exercises funded by the Department; and 

(B) consistent with the National Response Plan established pursuant to Homeland Security Presidential Directive 8, assisting in fulfilling the Department’s roles in related emergency support functions; 

(4) serving as the Department’s primary point of contact with 

the Department of Agriculture, the Department of Defense, the 

Department of Health and Human Services, the Department of 

Transportation, the Department of Veterans Affairs, and other 

Federal departments and agencies, on all matters of medical 

and public health to ensure coordination consistent with the 

National Response Plan; 

(5) serving as the Department’s primary point of contact for 

State, local, tribal, and territorial governments, the medical 

community, and the private sector, to ensure that medical readiness and response activities are coordinated and consistent 

with the National Response Plan and the Secretary’s incident 

management requirements; 

(6) managing the Department’s biodefense and biosurveillance activities including the National Biosurveillance Integration System, and the Departments responsibilities under Project 

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BioShield in coordination with the Under Secretary of Science 

and Technology as appropriate; 

(7) assuring that the Department’s workforce has sciencebased policy, standards, requirements, and metrics for occupational safety and health; 

(8) supporting the operational requirements of the Department’s components with respect to protective medicine and tactical medical support; 

(9) developing, in coordination with appropriate Department 

entities and other appropriate Federal agencies, end-to-end 

plans for prevention, readiness, protection, response, and recovery from catastrophic events with human, animal, agricultural, 

or environmental health consequences; 

(10) integrating into the end-to-end plans developed under 

paragraph (9), Department of Health and Human Services’ efforts to identify and deploy medical assets (including human, 

fixed, and material assets) used in preparation for or response 

to national disasters and catastrophes, and to enable access to 

patient electronic medical records by medical personnel to aid 

treatment of displaced persons in such circumstance, in order 

to assure that actions of both Departments are combined for 

maximum effectiveness during an emergency consistent with the 

National Response Plan and applicable emergency support 

functions; 

(11) performing other duties relating to such responsibilities 

as the Secretary may require; and 

(12) directing and maintaining a coordinated system for medical support of the Department’s operational activities. 

* * * * * * * 

SEC. 521. PROCUREMENT OF SECURITY COUNTERMEASURES FOR 

STRATEGIC NATIONAL STOCKPILE. 

(a) * * * 

* * * * * * * 

(d) RELATED AUTHORIZATIONS OF APPROPRIATIONS.—

(1) THREAT ASSESSMENT CAPABILITIES.—For the purpose of 

carrying out the responsibilities of the Secretary for terror 

threat assessment under the security countermeasures program, there are authorized to be appropriated such sums as 

may be necessary for each of the fiscal years 2004 through 

ø2006,¿ 2009, for the hiring of professional personnel within 

the Directorate for Information Analysis and Infrastructure 

Protection, who shall be analysts responsible for chemical, biological, radiological, and nuclear threat assessment (including 

but not limited to analysis of chemical, biological, radiological, 

and nuclear agents, the means by which such agents could be 

weaponized or used in a terrorist attack, and the capabilities, 

plans, and intentions of terrorists and other non-state actors 

who may have or acquire such agents). All such analysts shall 

meet the applicable standards and qualifications for the performance of intelligence activities promulgated by the Director 

of Central Intelligence pursuant to section 104 of the National 

Security Act of 1947. 

* * * * * * * 

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(3) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS REGARDING CERTAIN THREAT ASSESSMENTS.—For the purpose of providing an additional amount to the Secretary to assist the Secretary in meeting the requirements of clause (iv) of section 

319F–2(c)(2)(A) of the Public Health Service Act (relating to 

time frames), there are authorized to be appropriated such sums 

as may be necessary for fiscal year 2008, in addition to the authorization of appropriations established in paragraph (1). The 

purposes for which such additional amount may be expended 

include conducting risk assessments regarding clause (i)(II) of 

such section when there are no existing risk assessments that 

the Secretary considers credible. 

SEC. 522. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM. 

(a) IN GENERAL.—There is a Metropolitan Medical Response System Program (in this section referred to as the ‘‘program’’). 

(b) PURPOSE.—The purpose of the program shall be to support 

local jurisdictions in enhancing and maintaining all-hazards response capabilities to manage mass casualty incidents (including 

terrorist acts using chemical, biological, radiological, nuclear 

agents, or explosives, large-scale hazardous materials incidents, epidemic disease outbreaks, and natural disasters) by systematically 

enhancing and integrating first responders, public health personnel, 

emergency management personnel, business representatives, and 

volunteers. 

(c) PROGRAM ADMINISTRATION.—The Assistant Secretary for 

Health Affairs shall develop the programmatic and policy guidance 

for the program in coordination with the Administrator of the Federal Emergency Management Agency. 

(d) PERSONNEL COSTS.—The program shall not be subject to an 

administrative cap on the hiring of personnel to conduct program 

activities. 

(e) FINANCIAL ASSISTANCE.—

(1) ADMINISTRATION.—The Administrator of the Federal 

Emergency Management Agency shall administer financial assistance provided to State and local jurisdictions under the program. 

(2) ASSISTANCE TO LOCAL JURISDICTIONS.—In providing financial assistance to a State under the program, the Administrator shall ensure that 100 percent of the amount of such assistance is allocated by the State to local jurisdictions, except 

that a State may retain up to 20 percent of the amount of such 

assistance to facilitate integration between the State and the 

local jurisdiction pursuant to a written agreement between the 

State and the chair of the Metropolitan Medical Response System steering committee. 

(3) MUTUAL AID.—

(A) AGREEMENTS.—Local jurisdictions receiving assistance under the program are encouraged to develop and 

maintain memoranda of understanding and agreement 

with neighboring jurisdictions to support a system of mutual aid among the jurisdictions. 

(B) CONTENTS.—A memorandum referred to in subparagraph (A) shall include, at a minimum, policies and procedures to—

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(i) enable the timely deployment of program personnel and equipment across jurisdictions and, if relevant, across State boundaries; 

(ii) share information in a consistent and timely 

manner; and 

(iii) notify State authorities of the deployment of program resources in a manner that ensures coordination 

with State agencies without impeding the ability of 

program personnel and equipment to respond rapidly 

to emergencies in other jurisdictions. 

(f) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized by section 101 there is authorized to be appropriated to carry 

out the program $63,000,000 for each of the fiscal years 2008 

through 2011. 

* * * * * * * 

TITLE VII—MANAGEMENT 

SEC. 701. UNDER SECRETARY FOR MANAGEMENT. 

(a) * * * 

* * * * * * * 

(c) QUALIFICATIONS.—The Under Secretary for Management shall 

have all of the following qualifications: 

(1) Extensive executive level leadership and management experience in the public or private sector. 

(2) Strong leadership skills. 

(3) A demonstrated ability to manage large and complex organizations. 

(4) A proven record of achieving positive operational results. 

(d) AUTHORITY OF THE ASSISTANT SECRETARY FOR LEGISLATIVE

AFFAIRS OVER DEPARTMENTAL COUNTERPARTS.— (1) IN GENERAL.—The Secretary for the Department shall ensure that the Assistant Secretary for Legislative Affairs has adequate authority over his or her respective counterparts in component agencies of the Department to ensure that such component agencies adhere to the laws, rules, regulations, and departmental policies that the Assistant Secretary for Legislative Affairs is responsible for implementing. 

(2) INCLUDED AUTHORITIES.—The authorities of the Assistant 

Secretary for Legislative Affairs shall include, with respect to 

the counterparts in component agencies of the Department, the 

following: 

(A) The authority to direct the activities of personnel responsible for any of the following: 

(i) Making recommendations regarding the hiring, 

termination, and reassignment of individuals. 

(ii) Developing performance measures. 

(iii) Submitting written performance evaluations 

during the performance evaluation process that shall 

be considered in performance reviews, including recommendations for bonuses, pay raises, and promotions. 

(iv) Withholding funds from the relevant component 

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ticular purpose until the relevant component agency 

complies with the directions of the Assistant Secretary 

for Legislative Affairs or makes substantial progress towards meeting the specified goal. 

(B) The authority to direct planning, operations, and 

training. 

(C) The authority to direct the budget and other financial 

resources. 

SEC. 702. CHIEF FINANCIAL OFFICER. 

(a) * * * 

* * * * * * * 

(d) AUTHORIZATION LIAISON OFFICER.—

(1) IN GENERAL.—The Chief Financial Officer shall establish 

the position of Authorization Liaison Officer to provide timely 

budget and other financial information to the Committee on 

Homeland Security of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs of 

the Senate. The Authorization Liaison Officer shall report directly to the Chief Financial Officer. 

(2) SUBMISSION OF REPORTS TO CONGRESS.—The Authorization Liaison Officer shall coordinate with the Appropriations 

Liaison Officer within the Office of the Chief Financial Officer 

to ensure, to the greatest extent possible, that all reports prepared for the Committees on Appropriations of the House of 

Representatives and the Senate are submitted concurrently to 

the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. 

* * * * * * * 

SEC. 707. CHIEF OPERATING OFFICERS. 

(a) IN GENERAL.—The Chief Operating Officers of the Department 

include the following officials of the Department: 

(1) The Chief Financial Officer. 

(2) The Chief Procurement Officer. 

(3) The Chief Information Officer. 

(4) The Chief Human Capital Officer. 

(5) The Chief Administrative Officer. 

(6) The Chief Security Officer. 

(b) DELEGATION.—The Secretary shall delegate to each Chief Operating Officer direct authority over that Officer’s counterparts in 

component agencies to ensure that the component agencies adhere to 

the laws, rules, regulations, and departmental policies for which 

such Officer is responsible for implementing. In coordination with 

the head of the relevant component agency, such authorities shall 

include, with respect to the Officer’s counterparts within component 

agencies of the Department, the following: 

(1) The authority to direct the activities of personnel. 

(2) The authority to direct planning, operations, and training. 

(3) The authority to direct the budget and other financial resources. 

(c) COORDINATION WITH HEADS OF COMPONENT AGENCIES.—In 

reporting to a Chief Operating Officer of the Department as required 

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under subsection (b), a Chief Operating Officer of a component 

agency shall coordinate with the head of that component agency. 

SEC. 708. CHIEF SECURITY OFFICER. 

(a) ESTABLISHMENT.—There is in the Department a Chief Security 

Officer. 

(b) RESPONSIBILITIES.—The Chief Security Officer shall—

(1) have responsibility for personnel security, facility access, 

security awareness, and related training; 

(2) ensure that each component of the Department complies 

with Federal standards for security clearances and background 

investigations; 

(3) ensure, to the greatest extent practicable, that individuals 

in State and local government agencies and private sector entities with a need to receive classified information, receive the appropriate clearances in a timely fashion; and 

(4) perform all other functions as determined by the Secretary. 

* * * * * * * 

TITLE VIII—COORDINATION WITH NONFEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS 

* * * * * * * 

Subtitle D—Acquisitions 

* * * * * * * 

SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING. 

(a) PROVISION OF TRAINING.—The Chief Procurement Officer shall 

provide homeland security procurement training to acquisition employees. 

(b) RESPONSIBILITIES OF CHIEF PROCUREMENT OFFICER.—The 

Chief Procurement Officer shall carry out the following responsibilities: 

(1) Establish objectives to achieve the efficient and effective 

use of available acquisition resources by coordinating the acquisition education and training programs of the Department and 

tailoring them to support the careers of acquisition employees. 

(2) Develop, in consultation with the Council on Procurement 

Training established under subsection (d), the curriculum of the 

homeland security procurement training to be provided. 

(3) Establish, in consultation with the Council on Procurement Training, training standards, requirements, and courses 

to be required for acquisition employees. 

(4) Establish an appropriate centralized mechanism to control 

the allocation of resources for conducting such required courses 

and other training and education. 

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(5) Select course providers and certify courses to ensure that 

the procurement training curriculum supports a coherent 

framework for the educational development of acquisition employees, including the provision of basic, intermediate, and advanced courses. 

(6) Publish an annual catalog that includes a list of the acquisition education and training courses. 

(7) Develop a system of maintaining records of student enrollment, and other data related to students and courses conducted 

pursuant to this section. 

(c) ELIGIBILITY FOR TRAINING.—An acquisition employee of any 

entity under subsection (d)(3) may receive training provided under 

this section. The appropriate member of the Council on Procurement 

Training may direct such an employee to receive procurement training. 

(d) COUNCIL ON PROCUREMENT TRAINING.— (1) ESTABLISHMENT.—The Secretary shall establish a Council 

on Procurement Training to advise and make policy and curriculum recommendations to the Chief Procurement Officer. 

(2) CHAIR OF COUNCIL.—The chair of the Council on Procurement Training shall be the Deputy Chief Procurement Officer. 

(3) MEMBERS.—The members of the Council on Procurement 

Training are the chief procurement officers of each of the following: 

(A) United States Customs and Border Protection. 

(B) The Transportation Security Administration. 

(C) The Office of Procurement Operations. 

(D) The Bureau of Immigration and Customs Enforcement. 

(E) The Federal Emergency Management Agency. 

(F) The Coast Guard. 

(G) The Federal Law Enforcement Training Center. 

(H) The United States Secret Service. 

(I) Such other entity as the Secretary determines appropriate. 

(e) ACQUISITION EMPLOYEE DEFINED.—For purposes of this section, the term ‘‘acquisition employee’’ means an employee serving 

under a career or career-conditional appointment in the competitive 

service or appointment of equivalent tenure in the excepted service 

of the Federal Government, at least 50 percent of whose assigned 

duties include acquisitions, procurement-related program management, or procurement-related oversight functions. 

(f) REPORT REQUIRED.—Not later than March 1 of each year, the 

Chief Procurement Officer shall submit to the Secretary a report on 

the procurement training provided under this section, which shall 

include information about student enrollment, students who enroll 

but do not attend courses, graduates, certifications, and other relevant information. 

SEC. 837. REVIEW OF CONTRACTOR PAST PERFORMANCE. 

(a) CONSIDERATION OF CONTRACTOR PAST PERFORMANCE.—In 

awarding a contract to a contractor, the Secretary shall consider the 

past performance of that contractor based on the review conducted 

under subsection (b). 

(b) REVIEW REQUIRED.—Before awarding to a contractor (including a contractor that has previously provided goods or services to 

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the Department) a contract to provide goods or services to the Department, the Secretary, acting through the appropriate contracting 

officer of the Department, shall require the contractor to submit information regarding the contractor’s performance of Federal, State, 

and local government and private sector contracts. 

(c) CONTACT OF RELEVANT OFFICIALS.—As part of any review of 

a contractor conducted under subsection (b), the Secretary, acting 

through an appropriate contracting officer of the Department, shall 

contact the relevant official who administered or oversaw each contract performed by that contractor during the five-year period preceding the date on which the review begins. 

SEC. 838. INTEGRITY IN CONTRACTING. 

(a) ATTESTATION REQUIRED.—The Secretary shall require any offeror for any contract to provide goods or services to the Department 

to submit as part of the offeror’s bid for such contract an attestation 

that affirmatively discloses any substantial role the offeror, the employees of the offeror, or any corporate parent or subsidiary of the 

offeror may have played in creating a solicitation, request for proposal, statement of work, or statement of objectives (as those terms 

are defined in the Federal Acquisition Regulation) for the Department. 

(b) ADDITIONAL REQUIREMENTS FOR CERTAIN OFFERORS.—If an 

offeror submits an attestation under subsection (a) that discloses 

that the offeror, an employee of the offeror, or any corporate parent 

or subsidiary of the offeror played a substantial role in creating a 

solicitation, request for proposal, statement of work, or statement of 

objectives for the Department, the Secretary shall require the offeror 

to submit to the Secretary a description of the safeguards used to 

ensure that precautions were in place to prevent the offeror from receiving information through such role that could be used to provide 

the offeror an undue advantage in submitting an offer for a contract. 

(c) CERTIFICATION REQUIREMENTS.— (1) IN GENERAL.—The Secretary shall require any offeror for 

any contract to provide goods or services to the Department to 

submit to the Secretary as part of the offeror’s bid for such contract a certification in writing whether, as of the date on which 

the certification is submitted, the offeror— (A) is in default on any payment of any tax to the Federal 

Government; or 

(B) owes the Federal Government for any payment of any 

delinquent tax. 

(2) FAILURE OF CERTIFICATION.—Nothing in this section shall 

prevent the Department from awarding a contract to an offeror 

based solely on the offeror’s certification. 

SEC. 839. REQUIREMENT THAT CERTAIN ARTICLES PROCURED FOR 

DEPARTMENT PERSONNEL BE MANUFACTURED IN THE 

UNITED STATES. 

(a) REQUIREMENT.—Except as provided in section (c), funds appropriated or otherwise available to the Department may not be 

used for the procurement of an article described in section (b) if the 

item is not manufactured in the United States. 

(b) COVERED ARTICLES.—An article referred to in subsection (a) is 

any of the following articles procured for personnel of the Department: 

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(1) Uniforms. 

(2) Protective gear. 

(3) Badges or other insignia indicating the rank, office, or position of personnel. 

(4) Identification cards. 

(c) AVAILABILITY EXCEPTION.—Subsection (a) does not apply to the 

extent that the Secretary determines that satisfactory quality and 

sufficient quantity of the article cannot be procured as and when 

needed at United States market prices. If such a determination is 

made with respect to an article, the Secretary shall—

(1) notify the Committee on Homeland Security of the House 

of Representatives and the Committee on Homeland Security 

and Governmental Affairs of the Senate within 7 days after 

making the determination; and 

(2) include in that notification a certification that manufacturing the article outside the United States does not pose a risk 

to the national security of the United States, as well as a detailed explanation of the steps any facility outside the United 

States that is manufacturing the article will be required to take 

to ensure that the materials, patterns, logos, designs, or any 

other element used in or for the article are not misappropriated. 

(d) OTHER EXCEPTIONS.—Subsection (a) does not apply—

(1) to acquisitions at or below the micro-purchase threshold 

(as defined in section 32 of the Office of Federal Procurement 

Policy Act (41 U.S.C. 428)); and 

(2) to acquisitions outside the United States for use outside 

of the United States. 

(e) USE OF DOMESTIC TEXTILES.—For fiscal year 2008 and each 

subsequent fiscal year, the Secretary shall take all available steps 

to ensure that, to the maximum extent practicable, the items described in subsection (b) procured by the Department are manufactured using domestic textiles. 

(f) RELATIONSHIP TO WAIVER UNDER TRADE AGREEMENTS ACT OF

1979.—Subsection (a) shall apply notwithstanding any waiver 

under section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 

2511). 

Subtitle E—Human Resources 

Management 

SEC. 841. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT 

SYSTEM. 

(a) * * * 

(b) EFFECT ON PERSONNEL.—

(1) * * * 

* * * * * * * 

ø(3) COORDINATION RULE.—Any exercise of authority under 

chapter 97 of title 5, United States Code (as amended by subsection (a)), including under any system established under 

such chapter, shall be in conformance with the requirements of 

this subsection.¿ 

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SEC. 842. LABOR-MANAGEMENT RELATIONS. 

(a) * * * 

* * * * * * * 

ø(c) WAIVER.—If the President determines that the application of 

subsections (a), (b), and (d) would have a substantial adverse impact on the ability of the Department to protect homeland security, 

the President may waive the application of such subsections 10 

days after the President has submitted to Congress a written explanation of the reasons for such determination.¿ 

* * * * * * * 

ø(e) RULE OF CONSTRUCTION.—Nothing in section 9701(e) of title 

5, United States Code, shall be considered to apply with respect to 

any agency or subdivision of any agency, which is excluded from 

the coverage of chapter 71 of title 5, United States Code, by virtue 

of an order issued in accordance with section 7103(b) of such title 

and the preceding provisions of this section (as applicable), or to 

any employees of any such agency or subdivision or to any individual or entity representing any such employees or any representatives thereof.¿ 

* * * * * * * 

SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM. 

(a) * * * 

ø(b) LEVERAGING OF EXISTING RESOURCES.—To maximize efficiency and effectiveness in carrying out the Program, the Administrator shall use existing Department-reviewed Master’s Degree curricula in homeland security, including curricula pending accreditation, together with associated learning materials, quality assessment tools, digital libraries, exercise systems and other educational 

facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the Emergency Management 

Institute. The Administrator may develop additional educational 

programs, as appropriate.¿ 

(b) LEVERAGING OF EXISTING RESOURCES.—To maximize efficiency and effectiveness in carrying out the Program, the Administrator shall use curricula modeled on existing Department-reviewed 

Master’s Degree curricula in homeland security, including curricula 

pending accreditation, together with associated learning materials, 

quality assessment tools, digital libraries, asynchronous distance 

learning, video conferencing, exercise systems, and other educational 

facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the Emergency Management 

Institute. The Administrator may develop additional educational 

programs, as appropriate. 

* * * * * * * 

Subtitle H—Miscellaneous Provisions 

* * * * * * * 

SEC. 875. MISCELLANEOUS AUTHORITIES. 

(a) * * * 

* * * * * * * 

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(d) PROTECTION OF NAME, INITIALS, INSIGNIA, AND SEAL.—

(1) IN GENERAL.—Except with the written permission of the 

Secretary, no person may knowingly use, in connection with any 

advertisement, commercial activity, audiovisual production (including film or television production), impersonation, Internet 

domain name, Internet e-mail address, or Internet Web site, 

merchandise, retail product, or solicitation in a manner reasonably calculated to convey the impression that the Department or 

any organizational element of the Department has approved, 

endorsed, or authorized such use, any of the following (or any 

colorable imitation thereof): 

(A) The words ‘‘Department of Homeland Security’’, the 

initials ‘‘DHS’’, the insignia or seal of the Department, or 

the title ‘‘Secretary of Homeland Security’’. 

(B) The name, initials, insignia, or seal of any organizational element (including any former such element) of the 

Department, or the title of any other officer or employee of 

the Department, notice of which has been published by the 

Secretary in accordance with paragraph (3). 

(2) CIVIL ACTION.—Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act 

or practice that constitutes or will constitute conduct prohibited 

by paragraph (1) the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such 

act or practice. Such court shall proceed as soon as practicable 

to the hearing and determination of such action and may, at 

any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, 

to prevent injury to the United States or to any person or class 

of persons for whose protection the action is brought. 

(3) NOTICE AND PUBLICATION.—The notice and publication to 

which paragraph (1)(B) refers is a notice published in the Federal Register including the name, initials, seal, or class of titles 

protected under paragraph (1)(B) and a statement that they are 

protected under that provision. The Secretary may amend such 

notice from time to time as the Secretary determines appropriate in the public interest and shall publish such amendments in the Federal Register. 

(4) AUDIOVISUAL PRODUCTION.—For the purpose of this subsection, the term ‘‘audiovisual production’’ means the production of a work that consists of a series of related images that 

are intrinsically intended to be shown by the use of machines 

or devices such as projectors, viewers, or electronic equipment, 

together with accompanying sounds, if any, regardless of the 

nature of the material objects, such as films or tapes, in which 

the work is embodied. 

* * * * * * * 

SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT. 

(a) * * * 

* * * * * * * 

(d) RESPONSIBILITIES.—The Secretary shall direct the Director of 

the Office of Counternarcotics Enforcement—

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(1) * * * 

* * * * * * * 

(5) øto be a representative¿ to be the primary representative 

of the Department on all task forces, committees, or other entities whose purpose is to coordinate the counternarcotics enforcement activities of the Department and other Federal, 

State or local agencies. 

(e) SAVINGS CLAUSE.—Nothing in this section shall be construed 

to authorize direct control of the operations conducted by øthe Directorate of Border and Transportation Security¿ United States 

Customs and Border Protection, Immigration and Customs Enforcement, the Coast Guard, or joint terrorism task forces. 

* * * * * * * 

SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE. 

(a) * * * 

* * * * * * * 

(f) ANNUAL REVIEW.—

(1) * * * 

(2) REPORT.—The report under this paragraph shall be submitted to—

ø(A) the Committee on Governmental Affairs of the Senate;¿ 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(B) the Committee on Homeland Security of the House of 

Representatives; 

ø(B)¿ (C) the Committee on Government Reform of the 

House of Representatives; 

ø(C)¿ (D) the Committees on Appropriations of the Senate and the House of Representatives; 

ø(D)¿ (E) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

ø(E)¿ (F) the Committee on Transportation and Infrastructure of the House of Representatives. 

* * * * * * * 

SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND 

SECURITY GRANTS. 

(a) QUARTERLY REPORTS REQUIRED AS A CONDITION OF HOMELAND SECURITY GRANTS.—

(1) EXPENDITURE REPORTS REQUIRED.—As a condition of receiving a grant administered by the Secretary, the Secretary 

shall require the grant recipient to submit quarterly reports to 

the Secretary describing the nature and amount of each expenditure made by the recipient using grant funds. 

(2) DEADLINE FOR REPORTS.—Each report required under 

paragraph (1) shall be submitted not later than 30 days after 

the last day of a fiscal quarter and shall cover expenditures 

made during that fiscal quarter. 

(b) PUBLICATION OF EXPENDITURES.—Not later than 30 days after 

receiving a report under subsection (a), the Secretary shall publish 

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ment a description of the nature and amount of each expenditure 

covered by the report. 

(c) PROTECTION OF SENSITIVE INFORMATION.—In meeting the requirements of this section, the Secretary shall take appropriate action to ensure that sensitive information is not disclosed. 

Subtitle I—Information Sharing 

* * * * * * * 

øSEC. 895. AUTHORITY TO SHARE GRAND JURY INFORMATION. 

øRule 6(e) of the Federal Rules of Criminal Procedure is amended— ø(1) in paragraph (2), by inserting ‘‘, or of guidelines jointly 

issued by the Attorney General and Director of Central Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’; and 

ø(2) in paragraph (3)— ø(A) in subparagraph (A)(ii), by inserting ‘‘or of a foreign 

government’’ after ‘‘(including personnel of a state or subdivision of a state’’; 

ø(B) in subparagraph (C)(i)— ø(i) in subclause (I), by inserting before the semicolon the following: ‘‘or, upon a request by an attorney 

for the government, when sought by a foreign court or 

prosecutor for use in an official criminal investigation’’; 

ø(ii) in subclause (IV)— ø(I) by inserting ‘‘or foreign’’ after ‘‘may disclose 

a violation of State’’; 

ø(II) by inserting ‘‘or of a foreign government’’ after ‘‘to an appropriate official of a State or subdivision of a State’’; and 

ø(III) by striking ‘‘or’’ at the end; 

ø(iii) by striking the period at the end of subclause 

(V) and inserting ‘‘; or’’; and 

ø(iv) by adding at the end the following: 

ø‘‘(VI) when matters involve a threat of actual or potential attack or other grave hostile acts of a foreign 

power or an agent of a foreign power, domestic or 

international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities 

by an intelligence service or network of a foreign 

power or by an agent of a foreign power, within the 

United States or elsewhere, to any appropriate federal, 

state, local, or foreign government official for the purpose of preventing or responding to such a threat.’’; 

and 

ø(C) in subparagraph (C)(iii)—

ø(i) by striking ‘‘Federal’’; 

ø(ii) by inserting ‘‘or clause (i)(VI)’’ after ‘‘clause 

(i)(V)’’; and 

ø(iii) by adding at the end the following: ‘‘Any state, 

local, or foreign official who receives information pursuant to clause (i)(VI) shall use that information only 

consistent with such guidelines as the Attorney Genmstockstill on PROD1PC66 with HEARING

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eral and Director of Central Intelligence shall jointly 

issue.’’. 

øSEC. 896. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL 

INTERCEPTION INFORMATION. 

øSection 2517 of title 18, United States Code, is amended by adding at the end the following: 

ø‘‘(7) Any investigative or law enforcement officer, or other Federal official in carrying out official duties as such Federal official, 

who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, 

or evidence derived therefrom, may disclose such contents or derivative evidence to a foreign investigative or law enforcement officer 

to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the 

disclosure, and foreign investigative or law enforcement officers 

may use or disclose such contents or derivative evidence to the extent such use or disclosure is appropriate to the proper performance of their official duties. 

ø‘‘(8) Any investigative or law enforcement officer, or other Federal official in carrying out official duties as such Federal official, 

who by any means authorized by this chapter, has obtained knowledge of the contents of any wire, oral, or electronic communication, 

or evidence derived therefrom, may disclose such contents or derivative evidence to any appropriate Federal, State, local, or foreign 

government official to the extent that such contents or derivative 

evidence reveals a threat of actual or potential attack or other 

grave hostile acts of a foreign power or an agent of a foreign power, 

domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a 

foreign power, within the United States or elsewhere, for the purpose of preventing or responding to such a threat. Any official who 

receives information pursuant to this provision may use that information only as necessary in the conduct of that person’s official duties subject to any limitations on the unauthorized disclosure of 

such information, and any State, local, or foreign official who receives information pursuant to this provision may use that information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue.’’. 

øSEC. 897. FOREIGN INTELLIGENCE INFORMATION. 

ø(a) DISSEMINATION AUTHORIZED.—Section 203(d)(1) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) 

Act of 2001 (Public Law 107–56; 50 U.S.C. 403–5d) is amended by 

adding at the end the following: ‘‘Consistent with the responsibility 

of the Director of Central Intelligence to protect intelligence 

sources and methods, and the responsibility of the Attorney General to protect sensitive law enforcement information, it shall be 

lawful for information revealing a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of 

a foreign power, domestic or international sabotage, domestic or 

international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by 

an agent of a foreign power, within the United States or elsewhere, 

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obtained as part of a criminal investigation to be disclosed to any 

appropriate Federal, State, local, or foreign government official for 

the purpose of preventing or responding to such a threat. Any official who receives information pursuant to this provision may use 

that information only as necessary in the conduct of that person’s 

official duties subject to any limitations on the unauthorized disclosure of such information, and any State, local, or foreign official 

who receives information pursuant to this provision may use that 

information only consistent with such guidelines as the Attorney 

General and Director of Central Intelligence shall jointly issue.’’. 

ø(b) CONFORMING AMENDMENTS.—Section 203(c) of that Act is 

amended—

ø(1) by striking ‘‘section 2517(6)’’ and inserting ‘‘paragraphs 

(6) and (8) of section 2517 of title 18, United States Code,’’; and 

ø(2) by inserting ‘‘and (VI)’’ after ‘‘Rule 6(e)(3)(C)(i)(V)’’. 

øSEC. 898. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE. 

øSection 106(k)(1) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1806) is amended by inserting after ‘‘law enforcement officers’’ the following: ‘‘or law enforcement personnel of a 

State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that 

State or political subdivision)’’. 

øSEC. 899. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH. 

øSection 305(k)(1) of the Foreign Intelligence Surveillance Act of 

1978 (50 U.S.C. 1825) is amended by inserting after ‘‘law enforcement officers’’ the following: ‘‘or law enforcement personnel of a 

State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that 

State or political subdivision)’’.¿ 

SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM. 

(a) ESTABLISHMENT.—The Secretary shall establish within the Department a State and Local Fusion Center Program. The program 

shall be overseen by the component charged with overseeing information sharing of homeland security information with State, local 

and tribal law enforcement. The purpose of the State and Local Fusion Center Program is to facilitate information sharing between the 

Department and State, local, and tribal law enforcement for homeland security and other purposes. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary such sums as are necessary for the 

Secretary to carry out the purpose of the State and Local Fusion 

Center Program, including for—

(1) deploying Department personnel with intelligence and 

operational skills to State and local fusion centers participating 

in the Program; 

(2) hiring and maintaining individuals with substantial law 

enforcement experience who have retired from public service 

and deploying such individuals to State and local fusion centers participating in the Program (with the consent of such centers); and 

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(3) maintaining an adequate number of staff at the headquarters of the Department to sustain and manage the portion 

of the Program carried out at the headquarters and to otherwise 

fill positions vacated by Department staff deployed to State and 

local fusion centers participating in the Program. 

* * * * * * * 

TITLE øXVIII¿ XIX—DOMESTIC NUCLEAR 

DETECTION OFFICE 

SEC. ø1801¿ 1901. DOMESTIC NUCLEAR DETECTION OFFICE. 

(a) * * * 

* * * * * * * 

SEC. ø1802¿ 1902. MISSION OF OFFICE. 

(a) * * * 

* * * * * * * 

SEC. ø1803¿ 1903. HIRING AUTHORITY. 

In hiring personnel for the Office, the Secretary shall have the 

hiring and management authorities provided in section 1101 of the 

Strom Thurmond National Defense Authorization Act for Fiscal 

Year 1999 (5 U.S.C. 3104 note). The term of appointments for employees under subsection (c)(1) of such section may not exceed 5 

years before granting any extension under subsection (c)(2) of such 

section. 

SEC. ø1804¿ 1904. TESTING AUTHORITY. 

(a) IN GENERAL.—The Director shall coordinate with the responsible Federal agency or other entity to facilitate the use by the Office, by its contractors, or by other persons or entities, of existing 

Government laboratories, centers, ranges, or other testing facilities 

for the testing of materials, equipment, models, computer software, 

and other items as may be related to the missions identified in section ø1802¿ 1902. Any such use of Government facilities shall be 

carried out in accordance with all applicable laws, regulations, and 

contractual provisions, including those governing security, safety, 

and environmental protection, including, when applicable, the provisions of section 309. The Office may direct that private sector entities utilizing Government facilities in accordance with this section 

pay an appropriate fee to the agency that owns or operates those 

facilities to defray additional costs to the Government resulting 

from such use. 

* * * * * * * 

SEC. ø1805¿ 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES 

AND FEDERAL AGENCIES. 

The authority of the Director under this title shall not affect the 

authorities or responsibilities of any officer of the Department or 

of any officer of any other department or agency of the United 

States with respect to the command, control, or direction of the 

functions, personnel, funds, assets, and liabilities of any entity 

within the Department or any Federal department or agency. 

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SEC. ø1806¿ 1906. CONTRACTING AND GRANT MAKING AUTHORITIES. 

The Secretary, acting through the Director for Domestic Nuclear 

Detection, in carrying out the responsibilities under paragraphs (6) 

and (7) of section ø1802(a)¿ 1902(a), shall—

(1) operate extramural and intramural programs and distribute funds through grants, cooperative agreements, and 

other transactions and contracts; 

(2) ensure that activities under paragraphs (6) and (7) of section ø1802(a)¿ 1902(a) include investigations of radiation detection equipment in configurations suitable for deployment at 

seaports, which may include underwater or water surface detection equipment and detection equipment that can be mounted on cranes and straddle cars used to move shipping containers; and 

* * * * * * * 

2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That the following 

sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2002, 

and for other purposes, namely: 

TITLE I—SUPPLEMENTAL APPROPRIATIONS 

* * * * * * * 

CHAPTER 12 

DEPARTMENT OF THE TREASURY 

* * * * * * * 

GENERAL PROVISIONS—THIS CHAPTER 

* * * * * * * 

SEC. 1202. (a) The Federal Law Enforcement Training Center 

may, for a period ending not later than December 31, ø2007¿ 2008, 

appoint and maintain a cadre of up to 350 Federal annuitants: (1) 

without regard to any provision of title 5, United States Code, 

which might otherwise require the application of competitive hiring 

procedures; and (2) who shall not be subject to any reduction in pay 

(for annuity allocable to the period of actual employment) under 

the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed 

Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States 

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Code, or such other retirement system (referred to in paragraph 

(2)) as may apply. 

* * * * * * * 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

Chapter Sec. 

SUBPART A—GENERAL PROVISIONS 

21. Definitions ....................................................................... 2101 

* * * * * * * 

SUBPART I—MISCELLANEOUS 

* * * * * * * 

ø97. Department of Homeland Security ................................ 9701¿ 

* * * * * * * 

SUBPART I—Miscellaneous 

* * * * * * * 

øCHAPTER 97—DEPARTMENT OF HOMELAND SECURITY 

ø§ 9701. Establishment of human resources management system 

ø(a) IN GENERAL.—Notwithstanding any other provision of this 

part, the Secretary of Homeland Security may, in regulations prescribed jointly with the Director of the Office of Personnel Management, establish, and from time to time adjust, a human resources 

management system for some or all of the organizational units of 

the Department of Homeland Security. 

ø(b) SYSTEM REQUIREMENTS.—Any system established under subsection (a) shall—

ø(1) be flexible; 

ø(2) be contemporary; 

ø(3) not waive, modify, or otherwise affect—

ø(A) the public employment principles of merit and fitness set forth in section 2301, including the principles of 

hiring based on merit, fair treatment without regard to political affiliation or other nonmerit considerations, equal 

pay for equal work, and protection of employees against reprisal for whistleblowing; 

ø(B) any provision of section 2302, relating to prohibited 

personnel practices; 

ø(C)(i) any provision of law referred to in section 

2302(b)(1), (8), and (9); or 

ø(ii) any provision of law implementing any provision of 

law referred to in section 2302(b)(1), (8), and (9) by—

ø(I) providing for equal employment opportunity 

through affirmative action; or 

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ø(II) providing any right or remedy available to any 

employee or applicant for employment in the civil 

service; 

ø(D) any other provision of this part (as described in 

subsection (c)); or 

ø(E) any rule or regulation prescribed under any provision of law referred to in any of the preceding subparagraphs of this paragraph; 

ø(4) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own 

choosing in decisions which affect them, subject to any exclusion from coverage or limitation on negotiability established by 

law; and 

ø(5) permit the use of a category rating system for evaluating applicants for positions in the competitive service. 

ø(c) OTHER NONWAIVABLE PROVISIONS.—The other provisions of 

this part as referred to in subsection (b)(3)(D), are (to the extent 

not otherwise specified in subparagraph (A), (B), (C), or (D) of subsection (b)(3))—

ø(1) subparts A, B, E, G, and H of this part; and 

ø(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and this 

chapter. 

ø(d) LIMITATIONS RELATING TO PAY.—Nothing in this section 

shall constitute authority— ø(1) to modify the pay of any employee who serves in— ø(A) an Executive Schedule position under subchapter II 

of chapter 53 of title 5, United States Code; or 

ø(B) a position for which the rate of basic pay is fixed 

in statute by reference to a section or level under subchapter II of chapter 53 of such title 5; 

ø(2) to fix pay for any employee or position at an annual rate 

greater than the maximum amount of cash compensation allowable under section 5307 of such title 5 in a year; or 

ø(3) to exempt any employee from the application of such 

section 5307. 

ø(e) PROVISIONS TO ENSURE COLLABORATION WITH EMPLOYEE

REPRESENTATIVES.— ø(1) IN GENERAL.—In order to ensure that the authority of 

this section is exercised in collaboration with, and in a manner 

that ensures the participation of employee representatives in 

the planning, development, and implementation of any human 

resources management system or adjustments to such system 

under this section, the Secretary of Homeland Security and the 

Director of the Office of Personnel Management shall provide 

for the following: 

ø(A) NOTICE OF PROPOSAL.—The Secretary and the Director shall, with respect to any proposed system or adjustment—

ø(i) provide to each employee representative representing any employees who might be affected, a 

written description of the proposed system or adjustment (including the reasons why it is considered necessary); 

ø(ii) give each representative 30 calendar days (unless extraordinary circumstances require earlier acmstockstill on PROD1PC66 with HEARING

153 

tion) to review and make recommendations with respect to the proposal; and 

ø(iii) give any recommendations received from any 

such representatives under clause (ii) full and fair consideration in deciding whether or how to proceed with 

the proposal. 

ø(B) PRE-IMPLEMENTATION CONGRESSIONAL NOTIFICATION, CONSULTATION, AND MEDIATION.—Following receipt of 

recommendations, if any, from employee representatives 

with respect to a proposal described in subparagraph (A), 

the Secretary and the Director shall accept such modifications to the proposal in response to the recommendations 

as they determine advisable and shall, with respect to any 

parts of the proposal as to which they have not accepted 

the recommendations—

ø(i) notify Congress of those parts of the proposal, 

together with the recommendations of employee representatives; 

ø(ii) meet and confer for not less than 30 calendar 

days with any representatives who have made recommendations, in order to attempt to reach agreement 

on whether or how to proceed with those parts of the 

proposal; and 

ø(iii) at the Secretary’s option, or if requested by a 

majority of the employee representatives who have 

made recommendations, use the services of the Federal Mediation and Conciliation Service during such 

meet and confer period to facilitate the process of attempting to reach agreement. 

ø(C) IMPLEMENTATION.—

ø(i) Any part of the proposal as to which the representatives do not make a recommendation, or as to 

which their recommendations are accepted by the Secretary and the Director, may be implemented immediately. 

ø(ii) With respect to any parts of the proposal as to 

which recommendations have been made but not accepted by the Secretary and the Director, at any time 

after 30 calendar days have elapsed since the initiation of the congressional notification, consultation, 

and mediation procedures set forth in subparagraph 

(B), if the Secretary determines, in the Secretary’s sole 

and unreviewable discretion, that further consultation 

and mediation is unlikely to produce agreement, the 

Secretary may implement any or all of such parts, including any modifications made in response to the recommendations as the Secretary determines advisable. 

ø(iii) The Secretary shall promptly notify Congress 

of the implementation of any part of the proposal and 

shall furnish with such notice an explanation of the 

proposal, any changes made to the proposal as a result 

of recommendations from employee representatives, 

and of the reasons why implementation is appropriate 

under this subparagraph. 

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ø(D) CONTINUING COLLABORATION.—If a proposal described in subparagraph (A) is implemented, the Secretary 

and the Director shall—

ø(i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and 

ø(ii) give each employee representative adequate access to information to make that participation productive. 

ø(2) PROCEDURES.—Any procedures necessary to carry out 

this subsection shall be established by the Secretary and the 

Director jointly as internal rules of departmental procedure 

which shall not be subject to review. Such procedures shall include measures to ensure—

ø(A) in the case of employees within a unit with respect 

to which a labor organization is accorded exclusive recognition, representation by individuals designated or from 

among individuals nominated by such organization; 

ø(B) in the case of any employees who are not within 

such a unit, representation by any appropriate organization which represents a substantial percentage of those 

employees or, if none, in such other manner as may be appropriate, consistent with the purposes of the subsection; 

ø(C) the fair and expeditious handling of the consultation and mediation process described in subparagraph (B) 

of paragraph (1), including procedures by which, if the 

number of employee representatives providing recommendations exceeds 5, such representatives select a 

committee or other unified representative with which the 

Secretary and Director may meet and confer; and 

ø(D) the selection of representatives in a manner consistent with the relative number of employees represented 

by the organizations or other representatives involved. 

ø(f) PROVISIONS RELATING TO APPELLATE PROCEDURES.—

ø(1) SENSE OF CONGRESS.—It is the sense of Congress that—

ø(A) employees of the Department are entitled to fair 

treatment in any appeals that they bring in decisions relating to their employment; and 

ø(B) in prescribing regulations for any such appeals procedures, the Secretary and the Director of the Office of 

Personnel Management—

ø(i) should ensure that employees of the Department 

are afforded the protections of due process; and 

ø(ii) toward that end, should be required to consult 

with the Merit Systems Protection Board before 

issuing any such regulations. 

ø(2) REQUIREMENTS.—Any regulations under this section 

which relate to any matters within the purview of chapter 77—

ø(A) shall be issued only after consultation with the 

Merit Systems Protection Board; 

ø(B) shall ensure the availability of procedures which 

shall—

ø(i) be consistent with requirements of due process; 

and 

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ø(ii) provide, to the maximum extent practicable, for 

the expeditious handling of any matters involving the 

Department; and 

ø(C) shall modify procedures under chapter 77 only insofar as such modifications are designed to further the fair, 

efficient, and expeditious resolution of matters involving 

the employees of the Department. 

ø(g) PROVISIONS RELATING TO LABOR-MANAGEMENT RELATIONS.— Nothing in this section shall be construed as conferring authority 

on the Secretary of Homeland Security to modify any of the provisions of section 842 of the Homeland Security Act of 2002. 

ø(h) SUNSET PROVISION.—Effective 5 years after the conclusion of 

the transition period defined under section 1501 of the Homeland 

Security Act of 2002, all authority to issue regulations under this 

section (including regulations which would modify, supersede, or 

terminate any regulations previously issued under this section) 

shall cease to be available.¿ 

* * * * * * * 

SECTION 319F–2 OF THE PUBLIC HEALTH SERVICE ACT 

SEC. 319F–2. STRATEGIC NATIONAL STOCKPILE AND SECURITY COUNTERMEASURE PROCUREMENTS. 

(a) * * * 

* * * * * * * 

(c) ADDITIONAL AUTHORITY REGARDING PROCUREMENT OF CER- TAIN COUNTERMEASURES; AVAILABILITY OF SPECIAL RESERVE

FUND.—

(1) * * * 

(2) DETERMINATION OF MATERIAL THREATS.— ø(A) MATERIAL THREAT.—The Homeland Security Secretary¿ 

(A) MATERIAL THREAT.— (i) IN GENERAL.—The Secretary of Homeland Security, in consultation with the Secretary and the heads 

of other agencies as appropriate, shall on an ongoing 

basis—

ø(i)¿ (I) assess current and emerging threats of 

chemical, biological, radiological, and nuclear 

agents; and 

ø(ii)¿ (II) determine which of such agents 

present a material threat against the United 

States population sufficient to affect national security. 

(ii) USE OF EXISTING RISK ASSESSMENTS.—For the 

purpose of satisfying the requirements of clause (i) as 

expeditiously as possible, the Secretary of Homeland 

Security shall, as practicable, utilize existing risk assessments that the Secretary of Homeland Security, in 

consultation with the Secretaries of Health and Human 

Services, Defense, and Agriculture, and the heads of 

other appropriate Federal agencies, considers credible. 

(iii) ORDER OF ASSESSMENTS.—

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(I) GROUPINGS TO FACILITATE ASSESSMENT OF

COUNTERMEASURES.—In conducting threat assessments and determinations under clause (i) of 

chemical, biological, radiological, and nuclear 

agents, the Secretary of Homeland Security shall, 

to the extent practicable and appropriate, consider 

the completion of such assessments and determinations for groups of agents toward the goal of facilitating the assessment of countermeasures under 

paragraph (3) by the Secretary of Health and 

Human Services. 

(II) CATEGORIES OF COUNTERMEASURES.—The 

grouping of agents under subclause (I) by the Secretary of Homeland Security shall be designed to 

facilitate assessments under paragraph (3) by the 

Secretary of Health and Human Services regarding the following two categories of countermeasures: 

(aa) Countermeasures that may address 

more than one agent identified under clause 

(i)(II). 

(bb) Countermeasures that may address adverse health consequences that are common to 

exposure to different agents. 

(III) RULE OF CONSTRUCTION.—A particular 

grouping of agents pursuant to subclause (II) is 

not required under such subclause to facilitate assessments of both categories of countermeasures described in such subclause. A grouping may concern 

one category and not the other. 

(iv) DEADLINE FOR COMPLETION OF CERTAIN MATERIAL THREAT DETERMINATIONS.—With respect to chemical, biological, radiological, and nuclear agents known 

to the Secretary of Homeland Security as of the day before the date of the enactment of this clause, and which 

such Secretary considers to be capable of significantly 

affecting national security, such Secretary shall complete the determinations under clause (i)(II) not later 

than December 31, 2007. 

(v) REPORT TO CONGRESS.—Not later than 30 days 

after the date on which the Secretary of Homeland Security completes a material threat assessment under 

clause (i), the Secretary shall submit to Congress a report containing the results of such assessment. 

(vi) DEFINITION.—For purposes of this subparagraph, 

the term ‘‘risk assessment’’ means a scientific, technically-based analysis of agents that incorporates 

threat, vulnerability, and consequence information. 

* * * * * * * 

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SECTION 635 OF THE POST-KATRINA MANAGEMENT 

REFORM ACT OF 2006 

øSEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM. 

ø(a) IN GENERAL.—There is a Metropolitan Medical Response 

Program. 

ø(b) PURPOSES.—The program shall include each purpose of the 

program as it existed on June 1, 2006. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out the program for fiscal year 2008, an 

amount equal to the amount appropriated for the program for fiscal 

year 2007 and an additional $30,000,000.¿ 

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(172) 

MINORITY VIEWS 

The Republican Members of the Committee are pleased the Committee has once again passed an annual authorization bill for the 

Department of Homeland Security for Fiscal Year 2008. While 

more narrow in scope than prior bills, H.R. 1684 continues the 

Committee’s efforts to implement effective homeland security policy 

and provide needed direction and funding levels to the Department 

as it continues to develop nascent capabilities. 

INTRODUCTION

H.R. 1684, like previous DHS authorization bills, represents a 

largely bipartisan effort. The base bill considered by the Committee 

includes numerous sections identical or similar to provisions included in the Department of Homeland Security Authorization Act 

for Fiscal Year 2007, H.R. 5814, and other bills considered by the 

Committee last Congress. 

During consideration of H.R. 1684, a number of Republican 

amendments were added to the bill to strengthen and improve the 

legislation. Republican Member contributions include provisions 

aimed at improving employee morale, providing more efficient and 

effective training, increasing flexibility for the Department regarding hiring of employees, and providing more effective control over 

the Nation’s borders. Unfortunately, several other provisions were 

included in the bill over the objection of Republican Members that 

reflect unfortunate policy choices. These provisions include the Majority’s revocation of human capital management flexibilities essential to the security mission of the Department. In other instances, 

the Majority rejected common sense amendments offered by Republican Members that would have provided needed tools to the Department to improve homeland security. Most notably, the Majority 

rejected an amendment authorizing the use of the automated targeting system as a tool for effectively identifying terrorist threats. 

We believe these shortcomings must be addressed as the bill moves 

through the legislative process. 

REPUBLICAN IMPROVEMENTS

During consideration of H.R. 1684, Republican Members made 

substantial contributions to the bill. Notably, the Committee 

agreed to an amendment creating a program to make grants available to the States to be used to develop secure documents and prevent terrorists and other individuals from fraudulently obtaining 

State-issued identification cards, and an amendment offered by 

Representative Peter King strengthening the use of the Student 

and Exchange Visitor Information System. The bill also includes 

provisions suggested by Representative Ginny Brown-Waite which 

require high risk critical infrastructure owners to screen their employees against immigration and terrorist watch lists. The Commstockstill on PROD1PC66 with HEARING

173 

mittee believes these provisions will help encourage the presence of 

legal visitors and curb the ongoing abuse of our laws perpetrated 

by individuals using fraudulent documents. 

The Committee also adopted provisions seeking to improve hiring 

and training practices at the Department. Representative David 

Reichert led the effort to provide the Department with the authority to appoint and maintain a cadre of Federal annuitants for the 

office of Information Analysis to help the Department compete for 

intelligence analysts with other more established intelligence agencies. The bill also includes an amendment offered by Representative Mike Rogers of Alabama authorizing the Department to use 

non-law enforcement officers as instructors for non-law enforcement classes at the Border Patrol Training academy. This change 

will enable the Department to leverage available expertise to provide more efficient training of CBP agents, and allow sworn Border 

Patrol agents to focus on securing the border rather than being 

taken away from this priority mission to teach non-law enforcement classes. The Republican Members of the Committee believe 

that providing the Department these needed flexibilities in its hiring and training practices will increase the efficiency and effectiveness of the Department. 

Numerous other Republican amendments were also agreed to 

during consideration of the bill, including an amendment by Representative Kevin McCarthy to prohibit the award of contracts to 

educational institutions that refuse to support the Coast Guard’s 

efforts to carry out its homeland security mission; an amendment 

by Representative Michael McCaul to establish a National Bio and 

Agro-Defense Facility; an amendment by Representative Mike Rogers of Alabama to strengthen the line authority for legislative affairs within the Department of Homeland Security; an amendment 

by Representative Bobby Jindal to request a report on the vulnerability of the Nation’s levees to terrorist attack; an amendment by 

Representative Gus Bilirakis to increase the use of mobile biometric identification for unauthorized aliens; an amendment by Representative Dan Lungren to request a report on the implementation of a force multiplier program for Federal Air Marshals; an 

amendment by Representative Charles Dent to authorize the 

Homeland Security functions of the United States Secret Service; 

and amendments offered by Representative Mark Souder to require 

a specific budget line for the office of counternarcotics and to designate that office as the primary Departmental counternarcotics enforcement representative and a provision strengthening the federal 

criminal law regarding maritime human smuggling. Further explanation and discussion of other key provisions adopted by the Committee is included below. 

Sense of Congress 

At the request of Republican Members, the Committee agreed to 

include Section 305, a Sense of Congress expressing support for jurisdictional reorganization of the House and Senate to more effectively address the issue of homeland security. While this was a 

positive development, Republican Members remain disappointed 

that more has not been done by the Majority in the 110th Congress 

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risdiction over the Department remains fragmented, and the authority of the Committee on Homeland Security in the House of 

Representatives and the Homeland Security and Government Affairs Committee in the Senate are not comprehensive enough to 

achieve the policy goals of the 9/11 Commission’s recommendation. 

Further changes to House and Senate rules to streamline and create efficiency in the oversight and authorization of the Department 

are necessary. Far too many committees of Congress still exercise 

control and oversight authority over the Department and its various terrorism-related mission areas. This creates an undue burden 

on a Department, when what is needed is the sort of focused attention, consistent guidance, and swift legislative responses to emerging threats that a single authorizing committee would provide. 

Modest changes to House and Senate rules would resolve the lingering overlaps in jurisdiction. These simple changes could have 

been made in the House on the opening day of Congress during 

consideration of the rules package, but unfortunately the newlyelected Majority failed to act. Despite promises to implement all 

the 9/11 Commission recommendations, the Majority party has continued to let committee turf battles and power struggles among 

chairmen get in the way of securing our Nation. 

US–VISIT 

The Republican Members of the Committee also support the inclusion of Section 901 in the bill to require the Department of 

Homeland Security to implement a biometric exit system at United 

States international airports by December 31, 2008, and to provide 

the Committee with a strategic plan for US–VISIT. 

The Department’s decision to move US–VISIT to the National 

Protection and Programs Directorate (NPPD) and to describe the 

program as an ‘‘identity management’’ system has raised questions 

regarding the Department’s expectation for deploying the exit functions of US–VISIT. The Committee expects the Department to complete both the biometric entry and exit functions of US–VISIT, as 

mandated by law. This section directs the Department to continue 

working toward deploying exit capabilities at all ports of entry before altering the course of the system. Completing the exit portion 

of US–VISIT would allow the Department to address the issue of 

visa overstays and meet an important recommendation of the 9/11 

Commission. The Committee believes it is important to national security that the Department remains committed to fulfilling the intended vision for US–VISIT. 

The Republican Members of the Committee are concerned about 

the addition of an amendment to prohibit the transfer of the US–

VISIT program into the NPPD until a plan is produced to fully implement the exit system at all ports of entry. While we support the 

goals of this amendment and believe a fully functioning entry and 

exit system is essential for border security, events appear to have 

overtaken the issue. The US–VISIT program was transferred into 

the NPPD on March 31, 2007, and we are concerned that this 

amendment, should it remain in the bill and be signed into law, 

would force the Department to rearrange the office again, causing 

significant costs and delays in the program. 

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Shadow Wolves program 

We support the inclusion of Section 902 to authorize $4.1 million 

for the Shadow Wolves program for fiscal year 2008. This unique 

tracking unit conducts border security investigations and patrols 

along the sovereign Tohono O’odham Nation land. Republican 

Members support additional funding for this unit and efforts to expand the program to provide similar expertise and personnel on 

other tribal lands on or near the international land borders. 

Biometric identification of unauthorized aliens 

We are pleased that an amendment, offered by Representative 

Gus Bilirakis, requiring the Secretary of Homeland Security to conduct a pilot program for mobile biometric identification of apprehended aliens in the maritime environment and to consider expanding the capability to all appropriate DHS maritime vessels 

was accepted unanimously by the Committee and included as Section 906. The amendment includes a $10 million authorization for 

the program. The provision is intended to authorize a pilot, which 

began in November 2006 by the Coast Guard, and provide authorized funding to deal with technology hurdles encountered during 

the pilot, such as data synchronization and enhanced communications capabilities that can overcome radio frequency interference. 

The Department of Homeland Security estimates that 10,000 unknown migrants attempt to cross from the Dominican Republic to 

Puerto Rico via the Mona Pass in small boats every year. Almost 

50 percent of maritime migrant apprehensions occur in this area. 

The Mona Pass is also an attractive vector through which other migrant nationalities, such as Cubans and Haitians may attempt to 

enter the United States illegally. 

Current procedure calls for repatriating interdicted migrants. Because we lack the capability to verify the identity of apprehended 

migrants, previous immigration violators, criminals, and possible 

terrorists remain undetected and are simply repatriated without 

consequence. Since starting the pilot, the Coast Guard has interdicted more than 21 vessels containing almost 600 undocumented 

aliens. Approximately 22 percent of those interdicted were enrolled 

in US–VISIT as prior felons or immigration violators. 

Having a mobile biometric solution will enhance national maritime security by screening interdicted aliens and smugglers against 

US–VISIT biometric watch lists to identify violators, criminals, previous deportees, and possible terrorists, followed by appropriate 

law enforcement action. Additionally, interdicted migrants will be 

enrolled in the US–VISIT recidivist database to alert the Coast 

Guard’s subsequent mission or repeat offenders. 

Eligible uses for interoperability grants 

The Republican Members of the Committee are pleased the Committee included section 1101, an important provision intended to 

ensure the Public Safety Interoperable Communications grant program will permit the use of funds to support not only the purchase 

of new equipment, but also governance, standard operating procedures, training and exercises, and usage. This new grant program 

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formation Administration within the Department of Commerce. 

The program will disburse $1 billion in funds to help State and 

local first responders achieve interoperable communications. 

In response to testimony during a hearing held by the Subcommittee on Emergency Communications, Preparedness, and Response, as well as through meetings with Departmental officials, 

we became concerned that the guidance accompanying this grant 

program will be inflexible and only permit the use of grant funds 

to support equipment purchases and limited planning efforts. This 

would be contrary to the Federal standard for interoperability—the 

SAFECOM interoperability continuum—which applies to all other 

Federal grant programs. 

The SAFECOM continuum consists of five areas: governance, 

standard operating procedures, technology, training and exercises, 

and usage. All five areas of the continuum are integral to the 

achievement of interoperable communications, as supported by two 

recent reports issued by the Department of Homeland Security. 

Both the National Interoperability Baseline Survey, released in December 2006, and the Tactical Interoperable Communications Program scorecards, released in January 2007, indicated that governance and standard operating procedures are the greatest challenges 

regarding achievement of multi-jurisdictional interoperability. 

Therefore, this section will ensure continuity in the interoperable 

communications grant guidance provided to States and localities. 

More importantly, this provision will also help ensure that $1 billion in Public Safety Interoperable Communications funds are not 

wasted. 

Critical infrastructure study 

Section 1103, offered by Representative David Reichert, authorizes an important study on creating further incentives for the private sector to share critical infrastructure information. It is well 

known that the private sector owns approximately 85 percent of 

America’s critical infrastructure. But because these assets are privately held, many industries fear public disclosure of their commercial secrets or vulnerabilities. This study would look at incentives 

that would encourage the private sector to share its information. 

The study would specifically look at using tax policy to help accomplish this, but would also look at other means. 

Computer capabilities to support real-time incident management 

Section 1106, suggested to the Committee by Representative 

Bobby Jindal, directs the Secretary of Homeland Security to encourage the development and use of software or Internet-based 

computer capabilities to enable Federal, State, local, and tribal 

agencies to manage the response to terrorist attacks or natural disasters in real-time. The Republican Members of the Committee believe these computer-based capabilities should be based on technology designed to ensure that first responder incident management systems will be compatible with other incident management 

systems and able to share information easily. Real-time incident 

management will provide first responders with better and more accurate information to manage response and recovery efforts. As 

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ing geographic information system data and the location and tracking of people, vehicles, commodities, evacuation centers, and shelters, is critical to an effective response. Real-time computer-based 

incident management will help ensure that victims of future disasters receive the food and medical attention they require and that 

public infrastructure is restored or repaired as quickly as possible. 

Expenditure reports as a condition of homeland security grants 

The Republican Members of the Committee are pleased the Committee adopted section 1107, offered by Representative Christopher 

Shays, requiring a recipient of a grant administered by the Secretary of Homeland Security to submit expenditure reports to the 

Secretary no later than 30 days after the last day of the fiscal 

quarter. Within 30 days of receiving these reports, the Secretary is 

required to post this information on the internet, taking actions to 

avoid the disclosure of sensitive information. 

Republican Committee Members are concerned about reports of 

questionable or improper spending of homeland security grants. 

This section seeks to add greater transparency to the grants process and allow taxpayers to see what their tax dollars are being 

spent on. 

Metropolitan Medical Response System 

Section 1112 authorizes funding for the Metropolitan Medical Response System (MMRS), a program designed to strengthen and enhance the nation’s ability to respond to the medical consequences 

of a terrorist attack or other disaster with mass casualties. Specifically, this section would ensure that MMRS receives sufficient 

funding and proper program oversight. The Republican Members of 

the Committee are pleased that this section directs the Office of 

Health Affairs to conduct a program review to ensure that all 125 

MMRS jurisdictions meet the strategic goals, objectives, and operational capabilities which the program was designed to develop and 

support. Through such a review, the Office of Health Affairs will 

be able to discern and distribute best practices to strengthen the 

MMRS program. Additionally, the program review will help address challenges jurisdictions may face in coordinating with public 

health, public safety, and other stakeholder groups to achieve appropriate integration and improve the jurisdiction’s response capability. 

Data sharing 

The Republican Members of the Committee are pleased the Committee adopted section 1122, a provision offered as an amendment 

to the bill by Representative Ginny Brown-Waite that requires the 

Secretary of Homeland Security to share information on disaster 

assistance requested or provided in response to an act of terrorism, 

natural disaster, or other emergency to Federal, State, and local 

law enforcement entities to assist in the location of a missing child 

or a sex offender. The provision also requires the Secretary to consider the privacy implications of sharing this information. 

After Hurricane Katrina, law enforcement entities had difficulty 

locating some of the approximately 2000 registered sex offenders 

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partment of Health and Human Services’ Administration for Children and Families estimated that registered sex offenders evacuated to about 30 states. In many cases law enforcement agencies 

were unable to locate these offenders and FEMA was unable to provide information about assistance that had been provided. This section will ensure that the Secretary of Homeland Security has the 

authority to share this information with law enforcement entities. 

Task force to reform Border Patrol policies 

Representative Michael McCaul offered an amendment that 

would establish a task force to examine the Border Patrol’s policies 

regarding the use of deadly force and use of high speed pursuit. 

The participants in the task force would include the current and 

former Border Patrol agents, the Border Patrol union, local law enforcement, and human rights groups. The study would address the 

question of whether current United States Border Patrol policies 

adequately addresses the increase in violent encounters against 

Border Patrol agents, including shootings, rockings, and physical 

and vehicle assaults, that have accompanied a corresponding enhancement in border security. 

Although Representative McCaul’s amendment was rejected, the 

Majority agreed to include many of its provisions in an amendment 

offered by Representative Jackson-Lee of Texas. Ms. Jackson Lee’s 

amendment requires the General Accountability Office to conduct 

a study on the Border Patrol’s use of deadly force after consulting 

with the stakeholders proposed in Representative McCaul’s original 

amendment. 

Authorization of homeland security functions of the United States 

Secret Service 

The Republican Members of the Committee are pleased that section 1121 was included in the bill. This section, offered by Representative Charles Dent, represents the first comprehensive authorization of specific funding levels of the United States Secret 

Service in its existence of over 140 years, and ensures its continued 

capability to conduct both its homeland security and non-homeland 

security missions. 

While the provision is a positive first step, Republican Members 

of the Committee are disappointed the Majority failed to agree to 

language that specified a cap of not more than $1,105,648,000 for 

protection, administration, and training, despite negotiated assurances to include such provisions in report language. The Secret 

Service must have adequate resources to conduct more than just its 

protection missions. The Secret Service’s field and investigations 

operations protect the Nation’s monetary system, investigate certain cyber crimes and frauds, and help to prevent identity theft. 

Since Fiscal Year 2002, the number of counterfeit notes passed has 

increased by 44 percent. 

The Republican Members of the Committee are also concerned 

that the President’s budget included a 12 percent shift (226 FTE) 

in personnel resources from field investigations to protection operations. While we recognize this does not represent a physical shift 

in agent locations, such a reduction in field investigations would 

seem to imply a shift in agent focus. As a result, the Republican 

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Members of the Committee recommend the Service be provided an 

additional 122 agents to be used primarily in field and investigations operations, as they become available. The additional billets 

will also further decrease the average monthly overtime for a special agent, closing the gap between the current average of 58 hours 

per month to a target of 40 hours per month. 

MISSED OPPORTUNITIES

While the Republican members are pleased with the adoption of 

Republican-authored provisions and amendments, and the resulting bipartisan bill, we are disappointed by missed opportunities to 

make a good bill even better. A number of Republican amendments 

were rejected by the Majority during the drafting and markup of 

the bill that would have further improved and strengthened the 

legislation. Of particular note, the Committee missed an opportunity to implement a key recommendation of the 9/11 Commission 

by authorizing the Automated Targeting System for passengers entering the United States. An amendment offered by Representative 

Dent would have fulfilled this vital recommendation. Another 

amendment offered by Representative Dent would have further 

strengthened terrorist targeting systems by requiring a covered 

transportation carrier to forward advance passenger information to 

United States Customs and Border Protection prior to the passengers’ arrival in the United States. In other cases, the Majority 

missed opportunities to remove unsound policy provisions from the 

legislation, most notably the revocation of important human capital 

management flexibilities essential to the effective operation of DHS 

security missions. Further discussion of these provisions and other 

important security amendments rejected by the Majority is included below. 

Repeal of chapter 97 of title 5, United States Code 

Section 512 of the amended bill, which repeals chapter 97 or title 

5 United States Code, represents a dangerous infringement on the 

ability of the Secretary of Homeland Security to manage the workforce of the Cabinet Department responsible for preventing, preparing for, and responding to terrorist attacks, major disasters, and 

other emergencies faced by our Nation. This provision is premature 

and unnecessary at a time when the Department is in the process 

of implementing a new personnel system based on management 

principles in use by other Federal agencies, and with flexibilities 

authorized by the Homeland Security Act of 2002. 

Section 841 of the Homeland Security Act of 2002 authorized the 

Secretary of Homeland Security to establish a modern and efficient 

human resources management system for the Department of 

Homeland Security. Congress intended that the system include the 

flexibilities necessary for the Secretary to be able to take necessary 

actions and respond expeditiously to protect our Nation from terrorist attacks. We believe it remains critical that the Secretary 

have the tools he or she needs to manage the Department’s workforce to fulfill the overarching mission of protecting our homeland. 

The Department issued final regulations for its new, mission-centered, performance focused, flexible and contemporary human resources management system—known as MaxHR—on February 1, 

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2005. This system was designed to (1) implement a new performance management system to promote and sustain a high-performance culture and ensure good communication between supervisors 

and employees; (2) allow for flexibilities in pay to ensure the Department could continue to attract and retain a qualified workforce; 

(3) adjust the classification system to make it more contemporary; 

(4) create a more effective system for addressing discipline issues; 

(5) lay out new procedures governing labor-management relations 

and collective bargaining within the Department; and (6) establish 

a streamlined appeals process. 

After protracted litigation over the Department’s proposed new 

personnel system, the Federal courts enjoined the Labor Relations 

subpart. Shortly thereafter, the Department announced that in lieu 

of MaxHR, it was moving forward to implement the remaining personnel initiatives not enjoined by the courts, such as pay for performance, in a new program referred to as the Human Capital 

Operational Plan (HCOP). HCOP includes broad human resources 

initiatives consistent with Title 5 of the United States Code and 

found in existing Government-wide human resources management 

regulations. In addition, the Department intends to continue the 

roll-out of sound initiatives authorized by the Homeland Security 

Act of 2002. It is the intent of the Department to have in place a 

human resources management system that includes traditional 

programs such as training and education, hiring initiatives that 

reach out to a diverse candidate pool, timely processing of human 

resources actions, as well as some of the flexibilities envisioned in 

the Homeland Security Act of 2002. 

As reflected in the HCOP, it is imperative for the ultimate success of the Department that it have the authority to move forward 

with initiatives to improve hiring practices and provide learning 

and development programs to ensure the Department’s workforce 

has the skills necessary to meet the mission. In the 2006 Federal 

Human Capital Survey issued by the Office of Personnel Management earlier this year, Department employees declared that they 

do not feel that the Department’s performance management system 

is responsive and that managers are not adequately skilled to implement it. The Department began to implement the new performance management program in fiscal year 2006, and the program 

now covers all employees in the Department’s Headquarters as well 

as supervisors and managers across most components. This program will address many of the weaknesses employees raised in the 

Federal Human Capital Survey. Extensive performance leadership 

training has been, and continues to be offered to all covered managers and supervisors, and the training is receiving positive feedback. It would be a disservice to employees not to complete what 

the Department has begun in changing previous practices in this 

area, as would be required under this section. 

The Department reports that efforts to improve the organizational focus on performance management and accountability are already showing progress—including clearer goals and expectations, 

and improved organizational planning. The Department is moving 

forward at a pace that ensures managers are trained and labor 

unions are consulted. The Department also has implemented reforms in a measured way, resulting in criticism by some that the 

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Department has moved too slowly. The Department contends that 

is has not been slow, but has invested a great deal of time with 

employees, employees’ representatives, and managers throughout 

the organization in the design of these programs. The Department 

is now involved in the training and education of the new programs, 

and has reached out to employee representatives to include them 

in the implementation of the initiatives for represented employees. 

In providing flexibilities to change how employees are paid in the 

Department, the Congress envisioned giving the Department all 

the tools it needs to make sure that the Department can continue 

to attract and retain the very best workforce. Congress also intended for the Department to be cautious in its implementation to 

avoid unintended consequences. As appropriate, the Department 

has moved slowly in this area. The Department will be testing the 

implementation with a small number of employees in the Department to ensure that the implementation is successful and that it 

yields the expected outcome. 

We believe that HCOP initiatives place the appropriate emphasis 

in the training and development of the Department’s workforce; 

hiring initiatives to increase diversity and ensure the right talent 

is put in place; a performance management system that requires 

managers be trained and to communicate with employees; and a 

carefully measured approach to pay reforms to ascertain how they 

can enhance the Department’s ability to attract and retain employees. Significant time, resources, and careful analysis have been invested by the Department in creating a human resources system to 

meet its unique homeland security mission. Accordingly, we believe 

HCOP should be given a chance to work and the personnel flexibilities in the Homeland Security Act should be preserved. This section undermines the effort and represents a retreat from the development of needed flexibilities. 

In addition to repealing chapter 97 of Title 5 of the United States 

Code, this section also repeals section 842(c) of the Homeland Security Act of 2002. Sections 842(a) and (b) of the Homeland Security 

Act of 2002 limit the President’s ability to exclude employees of the 

Department of Homeland Security from joining bargaining units. 

Section 842(c) permits the President to waive the application of sections 842(a) and (b) upon a determination that their application 

‘‘would have a substantial adverse impact on the ability of the Department to protect homeland security.’’ In repealing section 842(c), 

this amendment would make it more difficult for the President to 

exclude Department entities (which by their nature have a national 

security mission), from coverage under chapter 71 of Title 5 of the 

United States Code, than it is for the President to exclude entities 

of other agencies. This misguided section would limit the authority 

of the President and the Secretary to make management decisions 

and may have dangerous implications on the Department’s ability 

to fulfill its homeland security mission. 

Centers of Excellence Program 

Section 802 imposes a requirement on the Under Secretary for 

Science and Technology in establishing Centers of Excellence for 

homeland security research, to ensure that at least one of the next 

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cated at a Minority Serving Institution. This requirement is mandated without respect to an institution’s academic qualifications or 

ability to successfully conduct the necessary work. The Republican 

Members of the Committee are concerned by the Majority imposing 

such a requirement on the Centers of Excellence Program. While 

competing institutions are held to several criteria, including quality, geographical diversity, and representation of minority students, 

quality and capability must always carry the greatest weight in the 

selection process. 

Republican Members fully support efforts to encourage Minority 

Serving Institutions to play a greater role in the Centers of Excellence Program, and note that the current competitive process in no 

way limits the ability of a Minority Serving Institution to be included as a principal institution or as a supporting partner in accordance with its capabilities and skill-sets. However, we strongly 

believe Centers of Excellence should be established at institutions 

which have the most excellent capabilities to perform the best possible research, and as a result, have the greatest ability to succeed 

in supporting the Nation’s homeland security mission. 

Federal Protective Service mission 

Section 410 represents another serious infringement on the ability of the Secretary of Homeland Security to manage the Department’s workforce and allocate its resources. Specifically, the section 

prohibits the Secretary of Homeland Security from reducing the 

workforce of the Federal Protective Service until the Government 

Accountability Office (GAO) completes a report, and both the Committee on Homeland Security in the House of Representatives and 

the Committee on Homeland Security and Governmental Affairs in 

the Senate hold hearings on the GAO report. 

The Federal Protective Service (FPS) is responsible for policing, 

securing, and ensuring a safe environment in which Federal agencies can conduct their business. The President’s fiscal year 2008 

budget request indicates that FPS will remain part of Immigration 

and Customs Enforcement (ICE), but the budget proposes a shift 

in focus for the agency. The Administration proposes that FPS 

focus on setting security standards and ensuring compliance with 

those standards, rather than maintaining a cadre of Federal officers providing security services. 

The FY 2008 budget request for FPS supports 950 full-time 

equivalent (FTE) positions, which is a reduction from the current 

staffing level of approximately 1,220. The Department has indicated that the reduction in staff is related to the fees expected to 

be collected during FY 2008. FPS has struggled for financial stability for several years because of limitations on the fee amounts. 

The use of more contract support will allow FPS to direct more 

Federal resources to standard setting and management, while remaining within its budget. 

Contrary to some claims, the Department advises that ICE has 

no intention to lay off current FPS employees. ICE has advised the 

Committee it will seek to provide these employees with opportunities to move into new positions, as well as other career developmental opportunities. The goal of ICE is to maintain the employee’s 

grade and salary level. Those opportunities can allow employees to 

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1The Final Report of the National Commission on Terrorist Attacks upon the United States 

(The 9/11 Commission Report) at pg. 387. 2 Ibid, at pg. 390. 

train for new roles within FPS, ICE and DHS, and foster career 

mobility within DHS. 

The Department advises further that the Voluntary Early Retirement Authority will continue through the remainder of Fiscal Year 

2007. In addition, ICE’s strategy to realign the FPS workforce with 

an authorized level of 950, includes assigning reimbursable ICE 

detailees to other DHS components and offers of permanent opportunities within ICE for FPS personnel. 

Given these facts, we believe this section is premature, and attempts to address an issue that does not exist. This section also unduly restricts the Secretary’s ability to manage part of the DHS 

workforce by barring implementation of a significant management 

decision until the completion of a GAO report and subsequent congressional hearings, the timing of which is uncertain. 

Federal support for State and local law enforcement 

We are similarly disappointed that the Majority refused to accept 

an amendment offered by Congressman David Davis of Tennessee, 

which would have allowed Immigration and Customs Enforcement 

(ICE) to reimburse State and local law enforcement agencies participating in the voluntary ‘‘287(g) program’’ for the costs of sending 

personnel to training, including backfill costs. This amendment was 

narrowly defeated on a tie vote of 15–15. 

Securing our borders and enforcing our immigration laws are essential for effective homeland security. While these responsibilities 

belong to the Federal government, State and local law enforcement 

across the United States could serve as important force multipliers 

by coordinating and sharing information with Federal partners. 

The 9/11 Commission recommended that ‘‘the U.S. border security system should be integrated into a larger network of screening 

points * * * ’’ 1 and recognized that ‘‘there is a growing role for 

State and local law enforcement agencies. They need more training 

and work with federal agencies so that they can cooperate more effectively with those federal authorities in identifying terrorist suspects.’’ 2

The congressionally created 287(g) program is an existing program that can help achieve the recommendations of the 9/11 Commission for a network of screening and better cooperation among 

Federal, State, and local law enforcement. This provision allows 

States or localities and the Secretary of Homeland Security to enter 

into an agreement, or Memorandum of Understanding (MOU), 

under which local or State officers may be trained in immigration 

law and be qualified to perform the functions of an immigration officer in relation to the investigation, apprehension, or detention of 

aliens in the United States. 

Since the beginning of FY2006, law enforcement officers around 

the country participating in 287(g) have placed more than 9,000 individuals into removal proceedings. All of those individuals were 

originally arrested on local or State charges. The proposed amendment would not have changed any parameters of the program. It 

would have remained voluntary and participants would still have 

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received intensive training. The purpose of the amendment was to 

expand ICE’s budget authority and allow for the reimbursement to 

States and localities for the added costs they incur when they send 

someone to this training. According to ICE, it costs approximately $10,000 per week to provide the training course in the 287(g) instruction. This includes 

costs for travel to the training location, per diem, and lodging for 

the instructors and Subject Matter Experts. Currently, the State or 

political subdivision is responsible for the costs associated with 

their personnel attending the training. This amendment was intended to help bring some Federal assistance to States for their 

costs and encourage more participation in the program. State and 

local law enforcement agencies that volunteer to assist the Federal 

government through this program should not have to redirect their 

own resources to cover the personnel costs associated with the 

287(g) training program. It is disheartening that this common 

sense amendment designed to bolster enforcement of our immigration laws was not accepted overwhelmingly. 

Grant funding 

As part of H.R. 1, Congress passed a provision that was intended 

to allow funding from the Homeland Security Grant Program to be 

used to pay State and local intelligence analysts or hire new intelligence analysts. However, because the language was vague on 

whether funds could be used to hire new analysts and was unclear 

on whether these could be law enforcement analysts, an amendment was offered during debate on H.R. 1684 to clarify this language. The amendment was debated but ultimately withdrawn 

with a pledge that Chairman Thompson would work to clarify the 

grant language in H.R. 1 during conference with the Senate. 

We believe it is essential that the federal government lives up to 

its responsibility to provide for the common defense when it comes 

to terrorism and the resources needed to combat terrorism. After 

September 11, State, local, and tribal governments redoubled their 

efforts to combat terrorism and expended tremendous energy and 

financial resources to help the Federal Government fight the terrorist threat, including providing funding for the participation of 

State and local analysts in fusion centers and in other Federal 

homeland security intelligence efforts. Clarification of the language 

in H.R. 1 will ensure that states and localities can use their grant 

resources in these efforts to help the Federal government prevent 

terrorist attacks from occurring. We were disappointed that the 

amendment could not have been included in the bill during the 

markup, but look forward to clarifying the text of H.R. 1 during 

conference as promised. 

Civil Air Patrol Support of Homeland Security Missions 

Representative Charles W. Dent offered an amendment to direct 

the Secretary of Homeland Security to enter into agreements with 

the Secretary of the Air Force to utilize Civil Air Patrol assets to 

support homeland security missions. The text of this amendment is 

nearly identical to H.R. 1333, the Civil Air Patrol Homeland Security Support Act of 2007, which was introduced by Representative 

Dent on March 6, 2007. Specifically, this amendment would allow 

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the Civil Air Patrol to assist in monitoring activity along the nation’s borders, and providing search and rescue, damage assessment, evacuation assistance, and other emergency response services. While this type of coordination is already underway in many 

states, this amendment would strengthen the Federal response capability by providing additional resources and well-trained personnel. Unfortunately, the Majority Members felt they were not 

prepared to consider the amendment. At the request of the Chairman, Representative Dent agreed to withdraw the amendment to 

allow the Committee to explore the issue through a hearing prior 

to considering legislation in this area. The Republican Members of 

the Committee are disappointed the amendment could not have 

been included in the bill, but look forward to working cooperatively 

with the Majority on a hearing and future consideration of this important initiative. 

Automated Targeting System for Passengers Entering the United 

States 

The Majority refused to include an amendment offered by Representative Dent that would have authorized the United States 

Custom and Border Protection (CBP) Automated Targeting System 

for persons (ATS–P). ATS–P is an invaluable tool for screening individuals entering and departing from the United States, and is 

currently used by CBP to systematically review known information 

about foreign travelers before they arrive in the United States. The 

program fulfills an integral recommendation of the 9/11 Commission, and has already proven instrumental in identifying individuals with ties to terrorism and allowing CBP officers to interdict 

those persons upon their attempted entry into the United States. 

The ATS–P program utilizes data that is already available to 

CBP in order to perform a real-time risk assessment of a traveler 

in context with his or her previous behavior. CBP officers then use 

that assessment in determining whether the traveler should undergo secondary screening. The program does not make a determination of whether or not the individual should be allowed entry into 

the United States. Rather ATS–P is a tool to help target CBP resources on those individuals who are most appropriate for additional screening. 

The amendment rejected by the Majority would have codified 

CBP’s existing authority for conducting such risk assessment 

screening, and would have authorized the Secretary to utilize 

ATS–P for all persons departing or entering the United States, in 

accord with the recommendations of the 9/11 Commission. Moreover, the amendment would not have affected the program’s existing privacy protections. The Republican Members of the Committee 

believe that this was a missed opportunity to support and further 

strengthen a program which has been successful in securing the 

country from individuals who seek to do us harm. 

Advance Passenger Information System 

Representative Dent offered another amendment that would 

have provided Customs and Border Protection (CBP) the authority 

to require providers of covered transportation to electronically 

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186 

sengers and crew members in advance of their arrival at United 

States ports of entry. The information transportation providers are 

required to collect and submit can be found on routine entry documents that passengers and crew members must currently provide 

when processed into or out of the United States, including the passenger’s name, date of birth, citizenship, gender, passport number 

and country of issuance, and alien registration number, if applicable. 

The Republican Members of the Committee believe this amendment is important because it offers an additional layer of security, 

as well as convenience, to travelers entering and departing the 

United States. The amendment would not have granted CBP the 

authority to demand any information that it does not already receive when a person arrives at a port of entry or border crossing— it merely would have authorized CBP to require that transportation providers deliver the information electronically prior to the 

person’s arrival at the port of entry or border crossing. This advance notification already occurs for travelers and crew members 

of commercial air and sea carriers, and has been utilized successfully in a number of pilot programs at land ports. 

With the benefit of this amendment, the majority of the travelers 

would be more efficiently processed, and admitted into the country, 

while individuals of interest would be more readily identified. In 

addition, advance submission of passenger and crew information 

would help CBP allocate resources in the face of its ever increasing 

workload. Representative Dent withdrew his amendment upon assurances from the Chairman that the Majority would work in good 

faith to negotiate the language of the amendment so that it could 

be included in border security legislation to be introduced by the 

Committee within a few months. Republican Members are disappointed the amendment was not included in the bill, but look forward to working with the Majority to include it in future legislation. 

PETER T. KING, 

Ranking Member. 

CHRISTOPHER SHAYS. MIKE ROGERS. CHARLES W. DENT. GUS M. BILIRAKIS. KEVIN MCCARTHY. 

MARK E. SOUDER. 

DANIEL E. LUNGREN. 

BOBBY JINDAL. 

MICHAEL T. MCCAUL. 

GINNY BROWN-WAITE. 

DAVID DAVIS. 

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1 Rules of the U.S. House of Representatives, 110th Congress, secs. 1(k)(9) and (i)(3)(A) of rule 

X. 2 Cong. Rec. H25 (January 4, 2005). 

DISSENTING VIEWS OF LAMAR SMITH 

Section 305 of the bill provides that ‘‘[it] is the sense of the Congress that the House of Representatives and the Senate should 

* * * designate a committee in each body to serve as the single, 

principal point of oversight and review for homeland security and 

to authorize the activities of the Department of Homeland Security.’’ To the extent that this section seeks to change the Rule X 

jurisdiction of the Judiciary Committee, I strongly object to its inclusion in the bill. 

Rule X of the House Rules provides that the Judiciary Committee 

has jurisdiction over ‘‘immigration policy and non-border enforcement’’ while the Homeland Security Committee has jurisdiction 

over ‘‘[b]order and port security (except immigration policy and 

non-border enforcement).’’ 1

This bifurcation of immigration jurisdiction was described in 

more detail in the Legislative History to Accompany Changes to 

Rule X that was printed in the Congressional Record on January 

4, 2005: 

The Committee on the Judiciary shall retain jurisdiction 

over immigration policy and non-border [enforcement] of 

the immigration laws. Its jurisdiction over immigration 

policy shall include matters such as the immigration and. 

naturalization process, numbers of aliens (including immigrants and non-immigrants) allowed, classifications and 

lengths of allowable stay, the adjudication of immigration 

petitions and the requirements for the same, the domestic 

adjudication of immigration petitions and applications submitted to the Department of Labor or the Department of 

Homeland Security and setting policy with regard to visa 

issuance and acceptance. Its jurisdiction over non-border 

enforcement shall be limited to those aspects of immigration enforcement not associated with the immediate entry 

of individuals into the country, including those aspects of 

the Bureau of Immigration and Customs Enforcement.2

This House considered this issue exhaustively at the time. There 

is no reason to upset this careful compromise just two years later. 

The Judiciary Committee has had jurisdiction over immigration 

since 1946. While jurisdictional adjustments were made upon creation of the Homeland Security Committee in recognition of the Department of Homeland Security’s crucial role in preventing terrorists from crossing our borders, most immigration jurisdiction was 

kept within the Judiciary Committee. The rationale for keeping jurisdiction over immigration policy and non-border enforcement 

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188 

within the Judiciary Committee was clear in 2005 and is clear now. 

While deterring terrorism is a key component of our immigration 

strategy, focusing solely on the terrorism aspects of immigration 

enforcement will make our nation’s immigration crisis even worse. 

Up until very recently, our immigration enforcement agencies have 

dedicated so many post 9/11 resources to their anti-terrorism efforts that they have ignored the huge influx of illegal immigrants, 

who have entered our country since that date, more than half a 

million a year by some counts. Immigration enforcement must 

focus on labor and law enforcement concerns to turn the tide of illegal immigration. While terrorism concerns are significant in consideration of immigration enforcement, the danger posed by criminal 

aliens is equally, if not more, important in the day-to-day lives of 

Americans. A quarter of federal prison inmates are criminal aliens, 

and some 80,000 alien absconders are serious criminals. In 2005, 

the United States deported over 89,000 criminal aliens. The Judiciary Committee brings its expertise to these tasks. There is a danger that the Homeland Security Committee would pay little heed 

to the large amount of immigration enforcement that is not terrorist-related. 

Because of the intertwined nature of immigration benefits and 

enforcement, neither does it make sense to bifurcate jurisdiction 

over these matters. Aliens subject to removal may seek immigration benefits, while aliens applying for benefits may be ineligible 

for those benefits on a ground that would render them removable. 

For these reasons, knowledge of both immigration enforcement and 

immigration benefits is crucial for any street agent or adjudicator. 

It is equally important for a Committee with immigration oversight 

responsibilities to have experience in both immigration enforcement and benefits. 

Finally, should we focus exclusively on anti-terrorism efforts this 

would send a message of distrust to those who would come and 

contribute to our nation. The Judiciary Committee has appropriately balanced the law enforcement, labor, and national security 

components of our nation’s immigration laws in the past, and it 

stands ready to do so in the future. The Committee understands 

that millions of U.S. jobs, the health of our institutions, and our 

image worldwide depend on our immigration policies, in a way that 

a committee solely focused on terrorism would not. 

LAMAR SMITH. 

Æ 

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