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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1684 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 1684

_______________________________________________________________________

                                 AN ACT

 
To authorize appropriations for the Department of Homeland Security for 
               fiscal year 2008, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.
        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-Protege Program.
Sec. 409. 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. Increased security screening of Homeland Security Officials.
Sec. 508. Authorities of Chief Security Officer.
Sec. 509. Departmental culture improvement.
Sec. 510. Homeland security education program enhancements.
Sec. 511. Repeal of chapter 97 of title 5, United States Code.
Sec. 512. Utilization of non-law enforcement Federal employees as 
                            instructors for non-law enforcement classes 
                            at the Border Patrol Training Academy.
Sec. 513.  Termination of Employment of Volunteer Firefighters and 
                            Emergency Medical Personnel Prohibited.
                 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.
        TITLE VII--HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS

Sec. 701. Cybersecurity and Communications.
Sec. 702. Cybersecurity research and development.
Sec. 703. Collaboration.
            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.
Sec. 806. Availability of testing facilities and equipment.
                 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. Report on implementation of the student and exchange visitor 
                            program.
Sec. 905. Assessment of resources necessary to reduce crossing times at 
                            land ports of entry.
Sec. 906. Report by Government Accountability Office regarding policies 
                            and procedures of the Border Patrol.
Sec. 907. Report on Integrated Border Enforcement Team initiative.
Sec. 908. Stolen and Lost Travel Document database.
               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. Rural homeland security training initiative.
Sec. 1102. Critical infrastructure study.
Sec. 1103. Terrorist watch list at high-risk critical infrastructure.
Sec. 1104. Authorized use of surplus military vehicles.
Sec. 1105. Computer capabilities to support real-time incident 
                            management.
Sec. 1106. Expenditure reports as a condition of homeland security 
                            grants.
Sec. 1107. Encouraging use of computerized training aids.
Sec. 1108. Metropolitan Medical Response System Program.
Sec. 1109. Identity fraud prevention grant program.
Sec. 1110. Technical corrections.
Sec. 1111. Citizen Corps.
Sec. 1112. Report regarding Department of Homeland Security 
                            implementation of Comptroller General and 
                            Inspector General recommendations regarding 
                            protection of agriculture.
Sec. 1113. Report regarding levee system.
Sec. 1114. Report on Force Multiplier Program.
Sec. 1115. Eligibility of State judicial facilities for State homeland 
                            security grants.
Sec. 1116. Data sharing.
Sec. 1117.  Cooperative agreement with National Organization on 
                            Disability to carry out Emergency 
                            Preparedness Initiative.
Sec. 1118. Consideration of tourism in awarding Urban Area Security 
                            Initiative grants.
Sec. 1119. Study of foreign rail security practices.
Sec. 1120. FEMA recovery office in Florida.
Sec. 1121. Requirement to consult States regarding grant awards.
Sec. 1122. Comptroller General report on critical infrastructure.
Sec. 1123. Improving the nexus and fast registered traveler programs.
Sec. 1124. Travel documents.
Sec. 1125. Sense of the Congress on Interoperability.
Sec. 1126. Travelers Redress Inquiry Program.
Sec. 1127. Transportation Worker Identification Credential program.
Sec. 1128. Automated targeting system for persons entering or departing 
                            the United States.

                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.--
            ``(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, excluding each agency 
                that is a distinct entity within 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, consistent 
                with this section.''.
    (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 security 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'';
            (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) ``who--''in paragraph (2), by striking 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) Coordination.--The Secretary shall direct the Chief Operating 
Officer of each component agency to coordinate with that Officer's 
respective Chief Operating Officer of the Department to ensure that the 
component agency adheres to Government-wide laws, rules, regulations, 
and policies to which the Department is subject and which the Chief 
Operating Officer is responsible for implementing.
    ``(c) Coordination With Heads of Component Agencies.--In 
coordinating with 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.''.
    (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 and the Committee on Transportation and 
        Infrastructure 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, 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.''.
    (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.

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 Assistant Secretary for Legislative Affairs Over 
Departmental Counterparts.--The Secretary for the Department shall 
ensure that the Assistant Secretary for Legislative Affairs has 
adequate authority or the Assistant Secretary's respective counterparts 
in component agencies of the Department to ensure that such component 
agencies adhere to the laws, rules, and regulations to which the 
Department is subject and the departmental policies that the Assistant 
Secretary for Legislative Affairs is responsible for implementing.''.

                   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 and the 
Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on 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, 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate, and other appropriate congressional committees. 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, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and other appropriate 
        congressional committees.''.

SEC. 303. OFFICE OF THE INSPECTOR GENERAL.

    (a) Authorization of Appropriations.--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.
    (b) Assisting the National Center for Missing and Exploited 
Children.--
            (1) In general.--An Inspector General of the Department of 
        Homeland Security appointed under section 3 or 8G of the 
        Inspector General Act of 1978 (5 U.S.C. App.) may authorize 
        staff to use funds authorized under subsection (a) to assist 
        the National Center for Missing and Exploited Children, upon 
        request by the Center--
                    (A) by conducting reviews of inactive case files 
                that the Inspector General has reason to believe 
                involve a child or possible offender located outside 
                the United States, and to develop recommendations for 
                further investigations; and
                    (B) by engaging in similar activities.
            (2) Limitations.--
                    (A) Priority.--An Inspector General may not permit 
                staff to engage in activities described in paragraph 
                (1) if such activities will interfere with the duties 
                of the Inspector General under the Inspector General 
                Act of 1978 (5 U.S.C. App.).
                    (B) Funding.--No additional funds are authorized to 
                be appropriated to carry out this paragraph.

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 other appropriate 
congressional 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.''.
    (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;''.

        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.
                    ``(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.''.
    (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, except that no authority under this subsection shall be 
available unless the Secretary provides to Congress a certification 
that--
            (1) the Secretary has submitted a request under section 
        8344(i) or 8468(f) of title 5, United States Code, on or after 
        the date of the enactment of this Act, with respect to 
        positions in procurement offices;
            (2) the request described in paragraph (1) was properly 
        filed; and
            (3) the Office of Personnel Management has not responded to 
        the request described in paragraph (1), by either approving, 
        denying, or seeking more information regarding such request, 
        within 90 days after the date on which such request was filed.
    (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 of Authority.--Effective 2 years after the date of 
the enactment of this Act--
            (1) all 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 past performance 
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.''.
    (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.''.
    (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) 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.).

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.
    ``(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 simplified 
        acquisition threshold (as defined in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403)); 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.''.
    (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-PROTEGE 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-Protege 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-Protege Program, including that their efforts to seek and 
develop a formal Mentor-Protege 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 Secretary of Homeland Security shall consider, among 
the other factors the Secretary deems relevant, that offeror's efforts 
to seek and develop a formal Mentor-Protege relationship under the 
Mentor-Protege Program.
    (d) Review by Inspector General.--The Inspector General of the 
Department of Homeland Security shall conduct a review of the Mentor-
Protege 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 Mentor-Protege Program; and
            (4) development of recommendations to strengthen the 
        program to include the maximum number of contractors as 
        possible.

SEC. 409. REPORT ON SOURCE OF SHORTFALLS AT FEDERAL PROTECTIVE SERVICE.

    Consistent with any applicable law, 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.
    (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) Comptroller General Report.--The Comptroller General shall 
conduct a comprehensive review of the retirement system for law 
enforcement officers employed by the Federal Government. The review 
shall include all employees categorized as law enforcement officers for 
purposes of retirement and any other Federal employee performing law 
enforcement officer duties not so categorized. In carrying out the 
review, the Comptroller General shall review legislative proposals 
introduced over the 10 years preceding the date of the enactment of 
this Act that are relevant to the issue law enforcement retirement and 
consult with law enforcement agencies and law enforcement employee 
representatives. Not later than August 1, 2007, the Comptroller General 
shall submit to Congress a report on the findings of such review. The 
report shall include each of the following:
            (1) An assessment of the reasons and goals for the 
        establishment of the separate retirement system for law 
        enforcement officers, as defined in section 8331 of title 5, 
        United States Code, including the need for young and vigorous 
        law enforcement officers, and whether such reasons and goals 
        are currently appropriate.
            (2) An assessment of the more recent reasons given for 
        including additional groups of employees in such system, 
        including recruitment and retention, and whether such reasons 
        and goals are currently appropriate.
            (3) A determination as to whether the system is achieving 
        the goals in (1) and (2).
            (4) A summary of potential alternatives to the system, 
        including increased use of bonuses, increased pay, and raising 
        the mandatory retirement age, and a recommendation as to which 
        alternatives would best meet each goal defined in (1) and (2), 
        including legislative recommendations if necessary.
            (5) A recommendation for the definition of law enforcement 
        officer.
            (6) An detailed review of the current system including its 
        mandatory retirement age and benefit accrual.
            (7) A recommendation as to whether the law enforcement 
        officer category should be made at the employee, function and 
        duty, job classification, agency or other level, and by whom.
            (8) Any other relevant information.
    (h) Rule of Construction.--Nothing in this section shall be 
considered to apply in the case of a reemployed annuitant.
    (i) 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 and the 
Committee on Oversight and Government Reform 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--
            (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, except 
that no authority under this subsection shall be available unless the 
Secretary provides to Congress a certification that--
            (1) the Secretary has submitted a request under section 
        8344(i) or 8468(f) of title 5, United States Code, on or after 
        the date of the enactment of this Act, with respect to 
        positions in the CBP;
            (2) the request described in paragraph (1) was properly 
        filed; and
            (3) the Office of Personnel Management has not responded to 
        the request described in paragraph (1), by either approving, 
        denying, or seeking more information regarding such request, 
        within 90 days after the date on which such request was filed.
    (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 of Authority.--Effective 2 years after the date of 
the enactment of this Act--
            (1) all 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 and Office of Personnel Management 
Regulations and Guidelines 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.
            (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 entry-level 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. 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.
            (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. 508. 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 overall Department-wide 
        security activities, including issuing and confiscating 
        credentials, controlling access to and disposing of classified 
        and sensitive but unclassified materials, controlling access to 
        sensitive areas and Secured Compartmentalized Intelligence 
        Facilities, and communicating with other government agencies on 
        the status of security clearances and security clearance 
        applications;
            ``(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. 509. 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. 510. 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. 511. 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. 512. 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, 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.

SEC. 513. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS AND 
              EMERGENCY MEDICAL PERSONNEL PROHIBITED.

    (a) Termination Prohibited.--
            (1) In general.--No employee may be terminated, demoted, or 
        in any other manner discriminated against in the terms and 
        conditions of employment because such employee is absent from 
        or late to the employee's employment for the purpose of serving 
        as a volunteer firefighter or providing volunteer emergency 
        medical services as part of a response to an emergency or major 
        disaster.
            (2) Deployment.--The prohibition in paragraph (1) shall 
        apply to an employee serving as a volunteer firefighter or 
        providing volunteer emergency medical services if such 
        employee--
                    (A) is specifically deployed to respond to the 
                emergency or major disaster in accordance with a 
                coordinated national deployment system such as the 
                Emergency Management Assistance Compact or a pre-
                existing mutual aid agreement; or
                    (B) is a volunteer firefighter who--
                            (i) is a member of a qualified volunteer 
                        fire department that is located in the State in 
                        which the emergency or major disaster occurred;
                            (ii) is not a member of a qualified fire 
                        department that has a mutual aid agreement with 
                        a community affected by such emergency or major 
                        disaster; and
                            (iii) has been deployed by the emergency 
                        management agency of such State to respond to 
                        such emergency or major disaster.
            (3) Limitations.--The prohibition in paragraph (1) shall 
        not apply to an employee who--
                    (A) is absent from the employee's employment for 
                the purpose described in paragraph (1) for more than 14 
                days per calendar year;
                    (B) responds to the emergency or major disaster 
                without being officially deployed as described in 
                paragraph (2); or
                    (C) fails to provide the written verification 
                described in paragraph (5) within a reasonable period 
                of time.
            (4) Withholding of pay.--An employer may reduce an 
        employee's regular pay for any time that the employee is absent 
        from the employee's employment for the purpose described in 
        paragraph (1).
            (5) Verification.--An employer may require an employee to 
        provide a written verification from the official of the Federal 
        Emergency Management Agency supervising the Federal response to 
        the emergency or major disaster or a local or State official 
        managing the local or State response to the emergency or major 
        disaster that states--
                    (A) the employee responded to the emergency or 
                major disaster in an official capacity; and
                    (B) the schedule and dates of the employee's 
                participation in such response.
            (6) Reasonable notice required.--An employee who may be 
        absent from or late to the employee's employment for the 
        purpose described in paragraph (1) shall--
                    (A) make a reasonable effort to notify the 
                employee's employer of such absence; and
                    (B) continue to provide reasonable notifications 
                over the course of such absence.
    (b) Right of Action.--
            (1) Right of action.--An individual who has been 
        terminated, demoted, or in any other manner discriminated 
        against in the terms and conditions of employment in violation 
        of the prohibition described in subsection (a) may bring, in a 
        district court of the United States of appropriate 
        jurisdiction, a civil action against individual's employer 
        seeking--
                    (A) reinstatement of the individual's former 
                employment;
                    (B) payment of back wages;
                    (C) reinstatement of benefits; and
                    (D) if the employment granted seniority rights, 
                reinstatement of seniority rights.
            (2) Limitation.--The individual shall commence a civil 
        action under this section not later than 1 year after the date 
        of the violation of the prohibition described in subsection 
        (a).
    (c) Study and Report.--
            (1) Study.--The Secretary of Labor shall conduct a study on 
        the impact that the requirements of this section could have on 
        the employers of volunteer firefighters or individuals who 
        provide volunteer emergency medical services and who may be 
        called on to respond to an emergency or major disaster.
            (2) Report.--Not later than 12 months after the date of the 
        enactment of this Act, the Secretary of Labor shall submit a 
        report of the study conducted under paragraph (1) to the 
        Committee on Health, Education, Labor, and Pensions and the 
        Committee on Small Business and Entrepreneurship of the Senate 
        and the Committee on Education and the Workforce and the 
        Committee on Small Business of the House of Representatives.
    (d) Definitions.--In this section--
            (1) the term ``emergency'' has the meaning given such term 
        in section 102 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5122);
            (2) the term ``major disaster'' has the meanings given such 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122);
            (3) the term ``qualified volunteer fire department'' has 
        the meaning given such term in section 150(e) of the Internal 
        Revenue Code of 1986;
            (4) the term ``volunteer emergency medical services'' means 
        emergency medical services performed on a voluntary basis for a 
        fire department or other emergency organization; and
            (5) the term ``volunteer firefighter'' means an individual 
        who is a member in good standing of a qualified volunteer fire 
        department.

                 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 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. 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 
        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
                    ``(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 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
                            ``(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).
            ``(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.''.

        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:

``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 for ongoing activities to identify 
                threats to 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.''.
    (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;
            (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, the 
        Department of Commerce, 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.

SEC. 703. COLLABORATION.

    In carrying out this title, the Assistant Secretary of Homeland 
Security for Cybersecurity and Communications shall collaborate with 
any Federal entity that, under law, has authority over the activities 
set forth in this title.

            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, the process for allocating funding to the 
        National Laboratories, and a plan for fulfilling existing 
        National Laboratory infrastructure commitments to maintain 
        current capabilities and meet mission needs; 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.

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.

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 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 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, subject to the availability of appropriations for such purpose, 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).''.
    (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.''.

SEC. 806. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

    (a) Authority.--The Under Secretary for Science and Technology or 
his designee may make available to any person or entity, for an 
appropriate fee, the services of any Department of Homeland Security 
owned and operated center, or other testing facility for the testing of 
materials, equipment, models, computer software, and other items 
designed to advance the homeland security mission.
    (b) Interference With Federal Programs.--The Under Secretary for 
Science and Technology shall ensure that the testing of materiel and 
other items not owned by the Government shall not cause government 
personnel or other government resources to be diverted from scheduled 
tests of Government materiel or otherwise interfere with Government 
mission requirements.
    (c) Confidentiality of Test Results.--The results of tests 
performed with services made available under subsection (a) and any 
associated data provided by the person or entity for the conduct of 
such tests are trade secrets or commercial or financial information 
that is privileged or confidential within the meaning of section 
552b(4) of title 5, United States Code, and may not be disclosed 
outside the Federal Government without the consent of the person or 
entity for whom the tests are performed.
    (d) Fees.--The fees for exercising the authorities under subsection 
(a) may not exceed the amount necessary to recoup the direct and 
indirect costs involved, such as direct costs of utilities, contractor 
support, and salaries of personnel that are incurred by the United 
States to provide for the testing.
    (e) Use of Fees.--The fees for exercising the authorities under 
subsection (a) shall be credited to the appropriations or other funds 
of the Directorate of Science and Technology.
    (f) Operational Plan.--Not later than 90 days after the date of the 
enactment of this Act, the Under Secretary for Science and Technology 
shall submit to Congress a report detailing a plan for operating a 
program that would allow any person or entity, for an appropriate feel, 
to use any center or testing facility owned and operated by the 
Department of Homeland Security for testing of materials, equipment, 
models, computer software, and other items designed to advance the 
homeland security mission. The plan shall include--
            (1) a list of the facilities and equipment that could be 
        made available to such persons or entities;
            (2) a five-year budget plan, including the costs for 
        facility construction, staff training, contract and legal fees, 
        equipment maintenance and operation, and any incidental costs 
        associated with the program;
            (3) A five-year estimate of the number of users and fees to 
        be collected;
            (4) a list of criteria for selecting private-sector users 
        from a pool of applicants, including any special requirements 
        for foreign applicants; and
            (5) an assessment of the effect the program would have on 
        the ability of a center or testing facility to meet its 
        obligations under other Federal programs.
    (g) Report to Congress.--The Under Secretary for Science and 
Technology shall submit to Congress an annual report containing a list 
of the centers and testing facilities that have collected fees under 
this section, the amount of fees collected, a brief description of each 
partnership formed under this section, and the purpose for which the 
testing was conducted.
    (h) GAO.--Not later than two years after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress an 
assessment of the implementation of this section.

                 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, non-profit 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 per-agent cost of hiring, training, 
        and deploying each new Border Patrol agent does not exceed 
        $150,000.
            (2) Exception and certification.--If the Secretary 
        determines that the per-agent 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. REPORT ON IMPLEMENTATION OF THE STUDENT AND EXCHANGE VISITOR 
              PROGRAM.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General shall submit to the appropriate 
congressional committees a report to update the Government 
Accountability Office report of June 18, 2004, GAO-04-690, on the 
Student and Exchange Visitor Program (referred to in this section as 
``SEVP'') and specifically the Student and Exchange Visitor Information 
System (referred to in this section as ``SEVIS''). The report shall 
include the following information:
            (1) The rate of compliance with the current SEVIS 
        requirements by program sponsors and educational institutions, 
        including non-academic institutions authorized to admit 
        students under SEVIS.
            (2) Whether there are differences in compliance rates among 
        different types and sizes of institutions participating in 
        SEVIS.
            (3) Whether SEVIS adequately ensures that each covered 
        foreign student or exchange visitor in nonimmigrant status is, 
        in fact, actively participating in the program for which 
        admission to the United States was granted.
            (4) Whether SEVIS includes data fields to ensure that each 
        covered foreign student or exchange visitor in nonimmigrant 
        status is meeting minimum academic or program standards and 
        that major courses of study are recorded, especially those that 
        may be of national security concern.
            (5) Whether the Secretary of Homeland Security provides 
        adequate access, training, and technical support to authorized 
        users from the sponsoring programs and educational institutions 
        in which covered foreign students and exchange visitors in a 
        nonimmigrant status are enrolled.
            (6) Whether each sponsoring program or educational 
        institution participating in SEVP has designated enough 
        authorized users to comply with SEVIS requirements.
            (7) Whether authorized users at program sponsors or 
        educational institutions are adequately vetted and trained.
            (8) Whether the fees collected are adequate to support 
        SEVIS.
            (9) Whether there any new authorities, capabilities, or 
        resources needed for SEVP and SEVIS to fully perform.

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. 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 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.
    (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.

SEC. 907. REPORT ON INTEGRATED BORDER ENFORCEMENT TEAM INITIATIVE.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit a report to the 
Congress on the status of the Integrated Border Enforcement Team (IBET) 
initiative. The report should include an analysis of current resources 
allocated to IBETs, an evaluation of progress made since the inception 
of the program, and recommendations as to the level of resources that 
would be required to improve the program's effectiveness in the future.

SEC. 908. STOLEN AND LOST TRAVEL DOCUMENT DATABASE.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Commissioner of United States Customs and Border Protection, shall, 
as expeditiously as possible, implement at primary inspection points at 
United States ports of entry the Stolen and Lost Travel Document 
database managed by Interpol.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees (as defined in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)) a report on the implementation 
required under subsection (a).

               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.
            ``(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 the IA to perform its statutory duties 
under the Homeland Security Act of 2002, appoint annuitants to 
positions in the IA in accordance with succeeding provisions of this 
section, except that no authority under this subsection shall be 
available unless the Secretary provides to Congress a certification 
that--
            (1) the Secretary has submitted a request under section 
        8344(i) or 8468(f) of title 5, United States Code, on or after 
        the date of the enactment of this Act, with respect to 
        positions in the IA;
            (2) the request described in paragraph (1) was properly 
        filed; and
            (3) the Office of Personnel Management has not responded to 
        the request described in paragraph (1), by either approving, 
        denying, or seeking more information regarding such request, 
        within 90 days after the date on which such request was filed.
    (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 of Authority.--Effective 2 years after the date of 
the enactment of this Act--
            (1) all 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. 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. 1102. CRITICAL INFRASTRUCTURE STUDY.

    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.

SEC. 1103. TERRORIST WATCH LIST 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.

SEC. 1104. 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. 1105. 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 real-time 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 incident management systems. In the development and 
implementation of such computer 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. 1106. 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.
            ``(3) Excluded programs.--This section shall not apply to 
        or otherwise affect any grant issued under the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.) or the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2201 et seq.).
    ``(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. 1107. 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. 1108. 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.--
            ``(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. 1109. 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 identification 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. 1110. 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;
                    (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. 1111. 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. 1112. 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. 1113. 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. 1114. 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. 1115. 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. 1116. 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 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.

SEC. 1117. COOPERATIVE AGREEMENT WITH NATIONAL ORGANIZATION ON 
              DISABILITY TO CARRY OUT EMERGENCY PREPAREDNESS 
              INITIATIVE.

    The Administrator of the Federal Emergency Management Agency, in 
coordination with the Disability Coordinator of the Department of 
Homeland Security and the Office for Civil Rights and Civil Liberties 
of the Department, shall use amounts authorized under section 101 to 
enter into a cooperative agreement with the National Organization on 
Disability to carry out the Emergency Preparedness Initiative of such 
organization.

SEC. 1118. CONSIDERATION OF TOURISM IN AWARDING URBAN AREA SECURITY 
              INITIATIVE GRANTS.

    In awarding grants under the Urban Area Security Initiative, the 
Secretary of Homeland Security shall take into consideration the number 
of tourists that have visited an urban area in the two years preceding 
the year during which the Secretary awards the grant.

SEC. 1119. STUDY OF FOREIGN RAIL SECURITY PRACTICES.

    The Secretary shall--
            (1) study select foreign rail security practices, and the 
        cost and feasibility of implementing selected best practices 
        that are not currently used in the United States, including--
                    (A) implementing covert testing processes to 
                evaluate the effectiveness of rail system security 
                personnel;
                    (B) implementing practices used by foreign rail 
                operators that integrate security into infrastructure 
                design;
                    (C) implementing random searches or screening of 
                passengers and their baggage; and
                    (D) establishing and maintaining an information 
                clearinghouse on existing and emergency security 
                technologies and security best practices used in the 
                passenger rail industry both in the United States and 
                abroad; and
            (2) report the results of the study, together with any 
        recommendations that the Secretary may have for implementing 
        covert testing, practices for integrating security in 
        infrastructure design, random searches or screenings, and an 
        information clearinghouse to the Committee on Homeland Security 
        and Governmental Affairs of the Senate, the Committee on 
        Homeland Security of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, and the Committee on Transportation and Infrastructure 
        of the House of Representatives not later than 1 year after the 
        date of enactment of this Act.

SEC. 1120. FEMA RECOVERY OFFICE IN FLORIDA.

    (a) Establishment.--To provide eligible Federal assistance to 
individuals and State, local, and tribal governments affected by 
Hurricanes Charley, Frances, Ivan, Jeanne, Wilma, Tropical Storm 
Bonnie, and other future declared emergencies and major disasters, in a 
customer-focused, expeditious, effective, and consistent manner, the 
Administrator of the Federal Emergency Management Administration shall 
maintain a recovery office in the State of Florida for a period of not 
less than three years after the date of enactment of this Act.
    (b) Structure.--The recovery office shall have an executive 
director, appointed by the Administrator, who possesses a demonstrated 
ability and knowledge of emergency management and homeland security, 
and a senior management team.
    (c) Responsibilities.--The executive director, in coordination with 
State, local, and tribal governments, non-profit organizations, 
including disaster relief organizations, shall--
            (1) work cooperatively with local governments to mitigate 
        the impact of a declared emergency or major disaster; and
            (2) provide assistance in a timely and effective manner to 
        residents of Florida and other States as determined appropriate 
        by the Administrator for recovery from previous and future 
        declared emergencies and major disasters.
    (d) Staffing.--Staffing levels of the recovery office shall be 
commensurate with the current and projected workload as determined by 
the Administrator.
    (e) Performance Measures.--To ensure that the recovery office is 
meeting its objectives, the Administrator shall identify performance 
measures that are specific, measurable, achievable, relevant, and 
timed, including--
            (1) public assistance program project worksheet completion 
        rates; and
            (2) the length of time taken to reimburse recipients for 
        public assistance.
    (f) Evaluation.--The Administrator shall evaluate the effectiveness 
and efficiency of the recovery office in the State of Florida in 
meeting the requirements of this section. Not later than three years 
after the date of enactment of this Act, the Administrator shall report 
to the Committee on Transportation and Infrastructure of the House of 
Representatives on whether continuing to operate such office is 
necessary.

SEC. 1121. REQUIREMENT TO CONSULT STATES REGARDING GRANT AWARDS.

    Before the release by the Department of Homeland Security of any 
information regarding the award of any grant to a State with amounts 
authorized under section 101, including before submitting to Congress 
any list of such grant awards, the Secretary of Homeland Security shall 
consult with States.

SEC. 1122. COMPTROLLER GENERAL REPORT ON CRITICAL INFRASTRUCTURE.

    (a) Requirement.--The Comptroller General of the United States 
shall conduct a study to--
            (1) determine the extent to which architecture, 
        engineering, surveying, and mapping activities related to the 
        critical infrastructure of the United States are being sent to 
        offshore locations;
            (2) assess whether any vulnerabilities or threats exist 
        with respect to terrorism; and
            (3) recommend policies, regulations, or legislation, as 
        appropriate, that may be necessary to protect the national and 
        homeland security interests of the United States.
    (b) Consultation.--In carrying out the study authorized by this 
section, the Comptroller General shall consult with--
            (1) such other agencies of the Government of the United 
        States as are appropriate; and
            (2) national organizations representing the architecture, 
        engineering, surveying, and mapping professions.
    (c) Report.--The Comptroller General shall submit to the Committees 
on Transportation and Infrastructure, Energy and Commerce, and Homeland 
Security of the House of Representatives, and to the Senate, by not 
later than 6 months after the date of the enactment of this Act a 
report on the findings, conclusions, and recommendations of the study 
under this section.
    (d) Definitions.--As used in this section--
            (1) each of the terms ``architectural'', ``engineering'', 
        ``surveying'', and ``mapping''--
                    (A) subject to subparagraph (B), has the same 
                meaning such term has under section 1102 of title 40, 
                United States Code; and
                    (B) includes services performed by professionals 
                such as surveyors, photogrammetrists, hydrographers, 
                geodesists, or cartographers in the collection, 
                storage, retrieval, or dissemination of graphical or 
                digital data to depict natural or man-made physical 
                features, phenomena, or boundaries of the earth and any 
                information related to such data, including any such 
                data that comprises the processing of a survey, map, 
                chart, geographic information system, remotely sensed 
                image or data, or aerial photograph; and
            (2) the term ``critical infrastructure''--
                    (A) means systems and assets, whether physical or 
                virtual, 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; and
                    (B) includes the basic facilities, structures, and 
                installations needed for the functioning of a community 
                or society, including transportation and communications 
                systems, water and power lines, power plants, and the 
                built environment of private and public institutions of 
                the United States.

SEC. 1123. IMPROVING THE NEXUS AND FAST REGISTERED TRAVELER PROGRAMS.

    (a) Merging Requirements of Nexus and Fast.--
            (1) In general.--The Secretary of Homeland Security shall 
        merge the procedures for the programs described in subsection 
        (j) into a single procedure, with common eligibility and 
        security screening requirements, enrollment processes, and 
        sanctions regimes.
            (2) Specific requirements.--In carrying out paragraph (1), 
        the Secretary shall ensure that the procedures for the programs 
        known as ``NEXUS Highway'', ``NEXUS Marine'', and ``NEXUS Air'' 
        are integrated into such a single procedure.
    (b) Integrating Nexus and Fast Information Systems.--The Secretary 
of Homeland Security shall integrate all databases and information 
systems for the programs described in subsection (j) in a manner that 
will permit any identification card issued to a participant to operate 
in all locations where a program described in such subsection is 
operating.
    (c) Creation of Nexus Convertible Lanes.--In order to expand the 
NEXUS program described in subsection (j)(2) to major northern border 
crossings, the Secretary of Homeland Security, in consultation with 
appropriate representatives of the Government of Canada, shall equip 
not fewer than six new northern border crossings with NEXUS technology.
    (d) Creation of Remote Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with appropriate representatives of 
the Government of Canada, shall create a minimum of two remote 
enrollment centers for the programs described in subsection (j). Such a 
remote enrollment center shall be established at each of the border 
crossings described in subsection (c).
    (e) Creation of Mobile Enrollment Centers.--The Secretary of 
Homeland Security, in consultation with appropriate representatives of 
the Government of Canada, shall create a minimum of two mobile 
enrollment centers for the programs described in subsection (j). Such 
mobile enrollment centers shall be used to accept and process 
applications in areas currently underserved by such programs. The 
Secretary shall work with State and local authorities in determining 
the locations of such mobile enrollment centers.
    (f) On-Line Application Process.--The Secretary of Homeland 
Security shall design an on-line application process for the programs 
described in subsection (j). Such process shall permit individuals to 
securely submit their applications on-line and schedule a security 
interview at the nearest enrollment center.
    (g) Promoting Enrollment.--
            (1) Creating incentives for enrollment.--In order to 
        encourage applications for the programs described in subsection 
        (j), the Secretary of Homeland Security shall develop a plan to 
        admit participants in an amount that is as inexpensive as 
        possible per card issued for each of such programs.
            (2) Customer service phone number.--In order to provide 
        potential applicants with timely information for the programs 
        described in subsection (j), the Secretary of Homeland Security 
        shall create a customer service telephone number for such 
        programs.
            (3) Publicity campaign.--The Secretary shall carry out a 
        program to educate the public regarding the benefits of the 
        programs described in subsection (j).
    (h) Travel Document for Travel Into United States.--For purposes of 
the plan required under section 7209(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004, an identification card issued to a 
participant in a program described in subsection (j) shall be 
considered a document sufficient on its own when produced to denote 
identity and citizenship for travel into the United States by United 
States citizens and by categories of individuals for whom documentation 
requirements have previously been waived under section 212(d)(4)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)).
    (i) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees (as defined in section 2 of 
the Homeland Security Act of 2002 (6 U.S.C. 101)) a report on the 
implementation of subsections (a) through (g).
    (j) Programs.--The programs described in this subsection are the 
following:
            (1) The FAST program authorized under subpart B of title IV 
        of the Tariff Act of 1930 (19 U.S.C. 1411 et seq.).
            (2) The NEXUS program authorized under section 286(q) of 
        the Immigration and Nationality Act (U.S.C. 1356(q)).

SEC. 1124. TRAVEL DOCUMENTS.

    (a) Travel to Canada and Mexico.--Section 7209(b) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 is amended by 
adding at the end the following new paragraphs:
            ``(3) Pass card infrastructure.--The Secretary of Homeland 
        Security shall conduct not less than one trial on the 
        usability, reliability, and effectiveness of the technology 
        that the Secretary determines appropriate to implement the 
        documentary requirements of this subsection. The Secretary may 
        not issue a final rule implementing the requirements of this 
        subsection until such time as the Secretary has submitted to 
        the appropriate congressional committees (as defined in section 
        2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report 
        on the results and outcome of such trial or trials. The report 
        shall include data and evidence that demonstrates that the 
        technology utilized in such trial or trials is operationally 
        superior to other alternative technology infrastructures.
            ``(4) Flexible implementation period.--In order to provide 
        flexibility upon implementation of the plan developed under 
        paragraph (1), the Secretary of Homeland Security shall 
        establish a special procedure to permit an individual who does 
        not possess a passport or other document, or combination of 
        documents, as required under paragraph (1), but who the 
        Secretary determines to be a citizen of the United States, to 
        re-enter the United States at an international land or maritime 
        border of the United States. The special procedure referred to 
        in this paragraph shall terminate on the date that is 180 days 
        after the date of the implementation of the plan described in 
        paragraph (1)(A).
            ``(5) Special rule for certain minors.--Except as provided 
        in paragraph (6), citizens of the United States or Canada who 
        are less than 16 years of age shall not be required to present 
        to an immigration officer a passport or other document, or 
        combination of documents, as required under paragraph (1), when 
        returning or traveling to the United States from Canada, 
        Mexico, Bermuda, or the Carribean at any port of entry along 
        the international land or maritime border of the United States.
            ``(6) Special rule for certain student minors traveling as 
        part of an authorized and supervised school trip.--
        Notwithstanding the special rule described in paragraph (5), 
        the Secretary of Homeland Security is authorized to consider 
        expanding the special rule for certain minors described in such 
        paragraph to a citizen of the United States or Canada who is 
        less than 19 years of age but is 16 years of age or older and 
        who is traveling between the United States and Canada at any 
        port of entry along the international or maritime border 
        between the two countries if such citizen is so traveling as a 
        student as part of an authorized and supervised school trip.
            ``(7) Public outreach.--To promote travel and trade across 
        the United States border, the Secretary of Homeland Security 
        shall develop a public communications plan to promote to United 
        States citizens, representatives of the travel and trade 
        industries, and local government officials information relating 
        to the implementation of this subsection. The Secretary of 
        Homeland Security shall coordinate with representatives of the 
        travel and trade industries in the development of such public 
        communications plan.
            ``(8) Cost-benefit analysis.--The Secretary of Homeland 
        Security shall prepare an extensive regulatory impact analysis 
        that is fully compliant with Executive Order No. 12866 and 
        Office of Management and Budget Circular A-4 for an 
        economically significant regulatory action before publishing a 
        rule with respect to the implementation of the requirements of 
        this subsection.''.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act and every 120 days thereafter, the Secretary of 
Homeland Security shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) a report on the implementation of paragraphs (3) 
through (8) of section 7209(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004.

SEC. 1125. SENSE OF THE CONGRESS ON INTEROPERABILITY.

    It is the sense of the Congress that efforts to achieve local, 
regional, and national interoperable emergency communications in the 
near term should be supported and are critical in assisting communities 
with their local and regional efforts to properly coordinate and 
execute their interoperability plans.

SEC. 1126. TRAVELERS REDRESS INQUIRY PROGRAM.

    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 take all necessary actions to protect the security 
of personal information submitted electronically to the Internet 
website of the Department of Homeland Security established for the 
Travelers Redress Inquiry Program and other websites of the Department 
related to that program.

SEC. 1127. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL PROGRAM.

    The Secretary of Homeland Security shall work with the State of 
Florida and other States, as appropriate, to resolve the differences 
between the Transportation Worker Identification Credential and 
existing access control credentials.

SEC. 1128. AUTOMATED TARGETING SYSTEM FOR PERSONS ENTERING OR DEPARTING 
              THE UNITED STATES.

    (a) Findings of the 9/11 Commission.--Congress finds that the 
National Commission on Terrorist Attacks Upon the United States 
(commonly referred to as the 9/11 Commission) concluded that--
            (1) ``The small terrorist travel intelligence collection 
        and analysis program currently in place has produced 
        disproportionately useful results. It should be expanded. Since 
        officials at the border encounter travelers and their documents 
        first and investigate travel facilitators, they must work 
        closely with intelligence officials.'';
            (2) ``Information systems able to authenticate travel 
        documents and detect potential terrorist indicators should be 
        used at consulates, at primary border inspection lines, in 
        immigration service offices, and intelligence and enforcement 
        units.'';
            (3) ``The President should direct the Department of 
        Homeland Security to lead the effort to design a comprehensive 
        screening system, addressing common problems and setting common 
        standards with systemwide goals in mind.'';
            (4) ``A screening system looks for particular, identifiable 
        suspects or indicators of risk. It does not involve guesswork 
        about who might be dangerous. It requires frontline border 
        officials who have the tools and resources to establish that 
        people are who they say they are, intercept identifiable 
        suspects, and disrupt terrorist operations.''; and
            (5) ``Inspectors adjudicating entries of the 9/11 hijackers 
        lacked adequate information and knowledge of the rules. A 
        modern border and immigration system should combine a biometric 
        entry-exit system with accessible files on visitors and 
        immigrants, along with intelligence on indicators of terrorist 
        travel.''.
    (b) Automated Targeting System for Persons Entering or Departing 
the United States.--The Secretary of Homeland Security, acting through 
the Commissioner of Customs and Border Protection, may establish an 
automated system for the purpose of the enforcement of United States 
law, including laws relating to anti-terrorism and border security, to 
assist in the screening of persons seeking to enter or depart the 
United States (in this section referred to as the ``system'').
    (c) Administrative Process to Correct Information.--The Secretary, 
acting through the Commissioner, shall ensure than an administrative 
process is established, or application of an existing administrative 
process is extended, pursuant to which any individual may apply to 
correct any information retained by the system established under 
subsection (b). Nothing in this section shall be construed as creating 
a private right of action for any case or claim arising from the 
application of the system or the corrective administrative process 
established or applied under this section.
    (d) Rule of Construction.--Nothing in this section shall be 
construed as abrogating, diminishing, or weakening the provisions of 
any Federal or State law that prevents or protects against the 
unauthorized collection or release of personal records.

            Passed the House of Representatives May 9, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 1684

_______________________________________________________________________

                                 AN ACT

To authorize appropriations for the Department of Homeland Security for 
               fiscal year 2008, and for other purposes.
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