I 

110TH CONGRESS 

1ST SESSION H. R. 1684 

To authorize appropriations for the Department of Homeland Security for 

fiscal year 2008, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2007 

Mr. THOMPSON of Mississippi (for himself, Mr. KING of New York, Mr. CARNEY, Mr. ROGERS of Alabama, Mr. ETHERIDGE, Mr. LANGEVIN, Mr. 

CUELLAR, Ms. CLARKE, and Ms. LORETTA SANCHEZ of California) introduced the following bill; which was referred to the Committee on Homeland Security 

A BILL 

To authorize appropriations for the Department of Homeland 

Security for fiscal year 2008, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Authorization Act for Fiscal Year 2008’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 


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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. 

TITLE III—OVERSIGHT IMPROVEMENTS 

Sec. 301. Secure border initiative financial accountability. 

Sec. 302. Authorization Liaison Officer. 

Sec. 303. Office of the Inspector General. 

Sec. 304. Congressional notification requirement. 

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

TITLE IV—PROCUREMENT POLICY AND RESOURCES 

IMPROVEMENTS 

Sec. 401. Homeland security procurement training. 

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

procurement offices. 

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

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

and subcontractors. 

Sec. 405. Integrity in contracting. 

Sec. 406. Small business utilization report. 

Sec. 407. Requirement that uniforms, protective gear, badges, and idenification 

cards of Homeland Security personnel be manufactured in the 

United States. 

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

TITLE V—WORKFORCE AND TRAINING IMPROVEMENTS 

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

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

employment. 

Sec. 503. Continuation of authority for Federal law enforcement training center 

to appoint and maintain a cadre of Federal annuitants. 

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

Customs and Border Protection. 

Sec. 505. Strengthening Border Patrol recruitment and retention. 

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

Sec. 507. Integrity in post-employment. 

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

Sec. 509. Authorities of Chief Security Officer. 

Sec. 510. Departmental culture improvement. 

Sec. 511. Homeland security education program enhancements. 

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. 


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TITLE VII—HOMELAND SECURITY CYBERSECURITY 

IMPROVEMENTS 

Sec. 701. Cybersecurity and Telecommunications. 

Sec. 702. Cybersecurity research and development. 

TITLE VIII—SCIENCE AND TECHNOLOGY IMPROVEMENTS 

Sec. 801. Report to Congress on strategic plan. 

Sec. 802. Centers of Excellence Program. 

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

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

Sec. 805. Promoting antiterrorism through International Cooperation Act. 

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. Comprehensive strategy for full implementation of US-VISIT. 

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

ports of entry. 

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 fusion center program. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 1101. Eligible uses for interoperability grants. 

Sec. 1102. Rural homeland security training initiative. 

Sec. 1103. Critical infrastructure study. 

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

Sec. 1105. Authorized use of surplus military vehicles. 

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

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

Sec. 1108. Encouraging use of computerized training aids. 

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

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

State, and local partners. 

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

Center. 

Sec. 1112. Metropolitan Medical Response System Program. 

Sec. 1113. Technical corrections. 


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1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

4 There is authorized to be appropriated to the Sec5 retary of Homeland Security for the necessary expenses 

6 of the Department of Homeland Security for fiscal year 

7 2008, $39,863,000,000. 

8 TITLE II—POLICY AND 

9 MANAGEMENT IMPROVEMENTS 

10 SEC. 201. ESTABLISHMENT OF DIRECTORATE FOR POLICY. 

11 (a) IN GENERAL.—The Homeland Security Act of 

12 2002 (6 U.S.C. 101 et seq.) is amended by striking sec13 tions 401 through 403 and inserting the following: 

14 ‘‘SEC. 401. DIRECTORATE FOR POLICY. 

15 ‘‘(a) ESTABLISHMENT.—There is in the Department 

16 a Directorate for Policy. The Directorate for Policy shall 

17 contain each of the following: 

18 ‘‘(1) The Office of the Private Sector, which 

19 shall be administered by an Assistant Secretary for 

20 the Private Sector. 

21 ‘‘(2) The Victim Assistance Officer. 

22 ‘‘(3) The Tribal Security Officer. 

23 ‘‘(4) The Border Community Liaison Officer. 

24 ‘‘(5) Such other offices as considered necessary 

25 by the Under Secretary for Policy. 


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1 ‘‘(b) UNDER SECRETARY FOR POLICY.— 

2 ‘‘(1) IN GENERAL.—The head of the Direc3 torate is the Under Secretary for Policy, who shall 

4 be appointed by the President, with the advice and 

5 consent of the Senate. 

6 ‘‘(2) QUALIFICATIONS.—No individual shall be 

7 appointed to the position of Under Secretary for 

8 Policy under paragraph (1) unless the individual 

9 has, by education and experience, demonstrated 

10 knowledge, ability, and skill in the fields of policy 

11 and strategic planning. 

12 ‘‘(3) RESPONSIBILITIES.—Subject to the direc13 tion and control of the Secretary, the responsibilities 

14 of the Under Secretary for Policy shall be as follows: 

15 ‘‘(A) To serve as the principal policy advi16 sor to the Secretary. 

17 ‘‘(B) To provide overall direction and su18 pervision of policy development for the pro19 grams, offices, and activities of the Depart20 ment. 

21 ‘‘(C) To ensure that the budget of the De22 partment (including the development of future 

23 year budgets and interaction with the Office of 

24 Management and Budget and with Congress) is 

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1 sponsibilities of the Department and with the 

2 Secretary’s priorities, strategic plans, and poli3 cies. 

4 ‘‘(D) To conduct long-range, strategic 

5 planning for the Department, including over6 seeing the Comprehensive Homeland Security 

7 Review established in section 203. 

8 ‘‘(E) To carry out such other responsibil9 ities as the Secretary may determine are appro10 priate.’’ 

11 (b) CONFORMING AMENDMENTS.—Such Act is fur12 ther amended— 

13 (1) by striking the heading for title IV and in14 serting the following: 

15 ‘‘TITLE IV—DIRECTORATE FOR 

16 POLICY’’; 

17 (2) by striking the heading for subtitle A of 

18 title IV and inserting the following: 

19 ‘‘Subtitle A—Under Secretary for 

20 Policy’’; 

21 (3) in section 103(a)(3), by striking ‘‘for Bor22 der and Transportation Security’’ and inserting ‘‘for 

23 Policy’’; 

24 (4) in section 102(f)(9), by striking ‘‘the Direc25 torate of Border and Transportation Security’’ and 


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1 inserting ‘‘United States Customs and Border Pro2 tection’’; 

3 (5) in section 411(a), by striking ‘‘under the 

4 authority of the Under Secretary for Border and 

5 Transportation Security,’’; 

6 (6) in section 430— 

7 (A) in subsection (a)— 

8 (i) by striking ‘‘The’’ and inserting 

9 ‘‘There is in the Department an’’; and 

10 (ii) by striking ‘‘shall be’’ and all that 

11 follows through ‘‘Security’’; 

12 (B) in subsection (b), by striking the sec13 ond sentence; and 

14 (C) by striking subsection (d). 

15 (7) in section 441, by striking ‘‘Under Sec16 retary for Border Transportation Security’’ and in17 serting ‘‘Secretary’’; 

18 (8) in section 442(a)— 

19 (A) in paragraph (2), by striking 

20 ‘‘who—’’ and all that follows through ‘‘(B) 

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

22 (B) in paragraph (3)— 

23 (i) in subparagraph (A), by striking 

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1 portation Security’’ each place it appears 

2 and inserting ‘‘Secretary’’; and 

3 (ii) in subparagraph (C), by striking 

4 ‘‘Border and Transportation Security’’ and 

5 inserting ‘‘Policy’’; 

6 (9) in section 443, by striking ‘‘The Under Sec7 retary for Border and Transportation Security’’ and 

8 inserting ‘‘Subject to the direction and control of the 

9 Secretary, the Deputy Secretary’’; 

10 (10) in section 444, by striking ‘‘The Under 

11 Secretary for Border and Transportation Security’’ 

12 and inserting ‘‘Subject to the direction and control 

13 of the Secretary, the Deputy Secretary’’; 

14 (11) in section 472(e), by striking ‘‘or the 

15 Under Secretary for Border and Transportation Se16 curity’’; and 

17 (12) in section 878(f), by striking ‘‘the Direc18 torate of Border and Transportation Security’’ and 

19 inserting ‘‘United States Customs and Border Pro20 tection, Immigration and Customs Enforcement’’. 

21 (c) CLERICAL AMENDMENTS.—The table of contents 

22 in section 1(b) of such Act is amended— 

23 (1) by striking the item relating to title IV and 

24 inserting the following: 

‘‘TITLE IV—DIRECTORATE FOR POLICY’’; 

25 and 


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1 (2) by striking the items relating to subtitle A 

2 of title IV and inserting the following: 

‘‘Subtitle A—Under Secretary for Policy 

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

3 SEC. 202. DIRECT LINE AUTHORITY FOR CHIEF OPERATING 

4 OFFICERS. 

5 (a) IN GENERAL.—Title VII of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

7 adding at the end the following new section: 

8 ‘‘SEC. 707. CHIEF OPERATING OFFICERS. 

9 ‘‘(a) IN GENERAL.—The Chief Operating Officers of 

10 the Department include the following officials of the De11 partment: 

12 ‘‘(1) The Chief Financial Officer. 

13 ‘‘(2) The Chief Procurement Officer. 

14 ‘‘(3) The Chief Information Officer. 

15 ‘‘(4) The Chief Human Capital Officer. 

16 ‘‘(5) The Chief Administrative Officer. 

17 ‘‘(6) The Chief Security Officer. 

18 ‘‘(b) DELEGATION.—The Secretary shall delegate to 

19 each Chief Operating Officer direct authority over that Of20 ficer’s counterparts in component agencies to ensure that 

21 the component agencies adhere to the laws, rules, regula22 tions, and departmental policies for which such Officer is 

23 responsible for implementing. In coordination with the 

24 head of the relevant component agency, such authorities 


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1 shall include, with respect to the Officer’s counterparts 

2 within component agencies of the Department, the fol3 lowing: 

4 ‘‘(1) The authority to direct the activities of 

5 personnel. 

6 ‘‘(2) The authority to direct planning, oper7 ations, and training. 

8 ‘‘(3) The authority to direct the budget and 

9 other financial resources. 

10 ‘‘(c) COORDINATION WITH HEADS OF COMPONENT

11 AGENCIES.—In reporting to a Chief Operating Officer of 

12 the Department as required under subsection (b), a Chief 

13 Operating Officer of a component agency shall coordinate 

14 with the head of that component agency.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by inserting after 

17 the item relating to section 706 the following: 

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

18 SEC. 203. COMPREHENSIVE HOMELAND SECURITY REVIEW. 

19 (a) COMPREHENSIVE HOMELAND SECURITY RE20 VIEW.—Subtitle A of title IV of the Homeland Security 

21 Act of 2002 is further amended by adding at the end the 

22 following: 


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1 ‘‘SEC. 402. COMPREHENSIVE HOMELAND SECURITY RE2 VIEW. 

3 ‘‘(a) REQUIREMENT TO CONDUCT REVIEWS.—The 

4 Secretary shall conduct a comprehensive examination of 

5 the Department, to be known as the Comprehensive 

6 Homeland Security Review. The Secretary shall conduct 

7 the first such review in fiscal year 2009, and shall conduct 

8 a subsequent review in the first fiscal year in which there 

9 begins the first presidential term of a new presidential ad10 ministration. 

11 ‘‘(b) PURPOSE OF REVIEW.—In each Comprehensive 

12 Homeland Security Review the Secretary shall— 

13 ‘‘(1) include a Department of Homeland Secu14 rity Strategy that is consistent with the most recent 

15 National Strategy for Homeland Security prescribed 

16 by the President; 

17 ‘‘(2) define sufficient personnel and necessary 

18 organizational structure and other requirements nec19 essary for the successful execution of the full range 

20 of missions called for in the Department of Home21 land Security Strategy; and 

22 ‘‘(3) identify a budget plan, acquisition strat23 egy, procurement process, and any other resources, 

24 that are necessary to provide sufficient resources for 

25 the successful execution of the full range of missions 


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1 called for in the Department of Homeland Security 

2 Strategy. 

3 ‘‘(c) CONDUCT OF REVIEW.— 

4 ‘‘(1) CONSULTATION REQUIRED.—The Sec5 retary shall conduct each review required under sub6 section (a) in consultation with key officials of the 

7 Department, including the Assistant Secretary of the 

8 Transportation Security Administration, the Com9 missioner of United States Customs and Border 

10 Protection, the Director of United States Citizenship 

11 and Immigration Services, the Assistant Secretary 

12 for Immigration and Customs Enforcement, the Di13 rector of the United States Secret Service, the Ad14 ministrator of the Federal Emergency Management 

15 Agency, the Director of the Federal Law Enforce16 ment Training Center, and the Commandant of the 

17 Coast Guard. 

18 ‘‘(2) RELATIONSHIP WITH FUTURE YEARS

19 HOMELAND SECURITY PROGRAM.—The Secretary 

20 shall ensure that each review conducted under this 

21 section is consistent with the Future Years Home22 land Security Program required under section 874. 

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

24 ‘‘(1) REPORT.—The Secretary shall submit to 

25 the Committee on Homeland Security of the House 


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1 of Representatives, to the Committee on Homeland 

2 Security and Governmental Affairs of the Senate, 

3 and to the President a report on each Comprehen4 sive Homeland Security Review. Each such report 

5 shall be submitted during the fiscal year following 

6 the fiscal year in which the review is conducted, but 

7 not later than the date on which the President sub8 mits to Congress the budget under section 1105(a) 

9 of title 31, United States Code, for the fiscal year 

10 following the fiscal year in which the report is to be 

11 submitted. 

12 ‘‘(2) CONTENTS.—Each such report shall in13 clude the following, with a focus on reducing and 

14 managing risk and in preparing for, mitigating 

15 against, responding to, and recovering from acts of 

16 terrorism, natural disasters, and other emergencies: 

17 ‘‘(A) A comprehensive assessment of the 

18 level of alignment between the Department of 

19 Homeland Security Strategy and the human re20 sources, infrastructure, assets, and organiza21 tional structure of the Department. 

22 ‘‘(B) An explanation of any and all under23 lying assumptions used in conducting the Re24 view. 


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1 ‘‘(C) The human resources requirements 

2 and response capabilities of the Department as 

3 they relate to conventional, nuclear, biological, 

4 chemical, radiological, and agricultural risks. 

5 ‘‘(D) The strategic and tactical air, border 

6 sea, and land capabilities and requirements to 

7 support the Department of Homeland Security 

8 Strategy. 

9 ‘‘(E) The nature and appropriateness of 

10 homeland security operational capabilities, in11 cluding operational scientific and technical re12 sources and capabilities and the anticipated ef13 fects on the human resources capabilities, costs, 

14 efficiencies, resources, and planning of the De15 partment of any technology or operational capa16 bilities anticipated to be available during the 

17 years subsequent to the Review. 

18 ‘‘(F) Any other matter the Secretary con19 siders appropriate to include in the Review. 

20 ‘‘(3) DEADLINE FOR INITIAL REPORT.—Not21 withstanding paragraph (1), the Secretary shall sub22 mit the first Report required under subsection (a) 

23 not later than September 30, 2010. 

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1 icy shall make all preparations for the conduct of the first 

2 Comprehensive Homeland Security Review in fiscal year 

3 2009, including— 

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

5 ‘‘(2) estimating the human, financial, and other 

6 resources required to perform each task; 

7 ‘‘(3) establishing the schedule for the execution 

8 of all project tasks; 

9 ‘‘(4) ensuring that these resources will be avail10 able as needed; and 

11 ‘‘(5) all other preparations considered necessary 

12 by the Under Secretary.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of such Act is amended by inserting after 

15 the item relating to section 401 the following: 

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

16 SEC. 204. QUALIFICATIONS FOR THE UNDER SECRETARY 

17 FOR MANAGEMENT. 

18 (a) QUALIFICATIONS.—Section 701 of the Homeland 

19 Security Act of 2002 (6 U.S.C. 341) is amended by adding 

20 at the end the following: 

21 ‘‘(c) QUALIFICATIONS.—The Under Secretary for 

22 Management shall have the following qualifications: 

23 ‘‘(1) Extensive executive level leadership and 

24 management experience in the public or private sec25 tor. 


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1 ‘‘(2) Strong leadership skills. 

2 ‘‘(3) A demonstrated ability to manage large 

3 and complex organizations. 

4 ‘‘(4) A proven record of achieving positive oper5 ational results.’’. 

6 (b) DEADLINE FOR APPOINTMENT; INCUMBENT.— 

7 Not later than 90 days after the date of the enactment 

8 of this Act, the Secretary of Homeland Security shall 

9 name an individual who meets the qualifications of section 

10 341 of the Homeland Security Act (6 U.S.C. 341), as 

11 amended by subsection (a), to serve as the Under Sec12 retary for Management. The Secretary may submit the 

13 name of the individual who serves in the position of Under 

14 Secretary for Management of the Department of Home15 land Security on the date of enactment of this Act to16 gether with a statement the informs the Congress that the 

17 individual meets the qualifications of such section as so 

18 amended. 

19 TITLE III—OVERSIGHT 

20 IMPROVEMENTS 

21 SEC. 301. SECURE BORDER INITIATIVE FINANCIAL AC22 COUNTABILITY. 

23 (a) IN GENERAL.—The Inspector General of the De24 partment of Homeland Security shall review each contract 

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1 tive having a value greater than $20,000,000, to deter2 mine whether each such action fully complies with applica3 ble cost requirements, performance objectives, program 

4 milestones, inclusion of small, minority, and women-owned 

5 business, and timelines. The Inspector General shall com6 plete a review under this subsection with respect to a con7 tract action— 

8 (1) not later than 60 days after the date of the 

9 initiation of the action; and 

10 (2) upon the conclusion of the performance of 

11 the contract. 

12 (b) REPORT BY INSPECTOR GENERAL.—Upon com13 pletion of each review required under subsection (a), the 

14 Inspector General shall submit to the Secretary of Home15 land Security a report containing the findings of the re16 view, including findings regarding any cost overruns, sig17 nificant delays in contract execution, lack of rigorous de18 partmental contract management, insufficient depart19 mental financial oversight, bundling that limits the ability 

20 of small business to compete, or other high risk business 

21 practices. 

22 (c) REPORT BY SECRETARY.—Not later than 30 days 

23 after the receipt of each report required under subsection 

24 (b), the Secretary of Homeland Security shall submit to 

25 the Committee on Homeland Security of the House of 


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1 Representatives and the Committee on Homeland Security 

2 and Governmental Affairs of the Senate a report on the 

3 findings of the report by the Inspector General and the 

4 steps the Secretary has taken, or plans to take, to address 

5 the findings in such report. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi7 tion to amounts that are otherwise authorized to be appro8 priated for the Office of the Inspector General of the De9 partment of Homeland Security, there are authorized to 

10 be appropriated for such Office to carry out enhanced 

11 oversight of the Secure Border Initiative— 

12 (1) for fiscal year 2008, $5,500,000; 

13 (2) for fiscal year 2009, at least six percent of 

14 the overall budget of the Office for that fiscal year; 

15 and 

16 (3) for fiscal year 2010, at least seven percent 

17 of the overall budget of the Office for that fiscal 

18 year. 

19 (e) ACTION BY INSPECTOR GENERAL.—In the event 

20 the Inspector General becomes aware of any improper con21 duct or wrongdoing in accordance with the contract review 

22 required under subsection (a), the Inspector General shall, 

23 as expeditiously as practicable, refer to the Secretary of 

24 Homeland Security or other appropriate official in the De25 partment of Homeland Security information related to 


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1 such improper conduct or wrongdoing for purposes of eval2 uating whether to suspend or debar the contractor. 

3 SEC. 302. AUTHORIZATION LIAISON OFFICER. 

4 Section 702 of the Homeland Security Act of 2002 

5 (6 U.S.C. 342) is amended by adding at the end the fol6 lowing: 

7 ‘‘(d) AUTHORIZATION LIAISON OFFICER.— 

8 ‘‘(1) IN GENERAL.—The Chief Financial Officer 

9 shall establish the position of Authorization Liaison 

10 Officer to provide timely budget and other financial 

11 information to the Committee on Homeland Security 

12 of the House of Representatives and the Committee 

13 on Homeland Security and Governmental Affairs of 

14 the Senate. The Authorization Liaison Officer shall 

15 report directly to the Chief Financial Officer. 

16 ‘‘(2) SUBMISSION OF REPORTS TO CONGRESS.— 

17 The Authorization Liaison Officer shall coordinate 

18 with the Appropriations Liaison Officer within the 

19 Office of the Chief Financial Officer to ensure, to 

20 the greatest extent possible, that all reports pre21 pared for the Committees on Appropriations of the 

22 House of Representatives and the Senate are sub23 mitted concurrently to the Committee on Homeland 

24 Security of the House of Representatives and the 


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1 Committee on Homeland Security and Governmental 

2 Affairs of the Senate.’’. 

3 SEC. 303. OFFICE OF THE INSPECTOR GENERAL. 

4 Of the amount authorized by section 101, there is 

5 authorized to be appropriated to the Secretary of Home6 land Security $108,500,000 for fiscal year 2008 for oper7 ations of the Office of the Inspector General of the De8 partment of Homeland Security. 

9 SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT. 

10 (a) IN GENERAL.—Title I of the Homeland Security 

11 Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 

12 at the end the following: 

13 ‘‘SEC. 105. CONGRESSIONAL NOTIFICATION. 

14 ‘‘(a) IN GENERAL.—The Secretary shall actively con15 sult with the congressional homeland security committees, 

16 and shall keep such committees fully and currently in17 formed with respect to all activities and responsibilities 

18 within the jurisdictions of these committees. 

19 ‘‘(b) RELATIONSHIP TO OTHER LAW.—Nothing in 

20 this section affects the requirements of section 872. The 

21 requirements of this section supplement, and do not re22 place, the requirements of that section. 

23 ‘‘(c) CLASSIFIED NOTIFICATION.—The Secretary 

24 may submit any information required by this section in 


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1 classified form if the information is classified pursuant to 

2 applicable national security standards. 

3 ‘‘(d) SAVINGS CLAUSE.—This section shall not be 

4 construed to limit or otherwise affect the congressional no5 tification requirements of title V of the National Security 

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

7 to the Department. 

8 ‘‘(e) DEFINITION.—As used in this section, the term 

9 ‘congressional homeland security committees’ means the 

10 Committee on Homeland Security and the Committee on 

11 Appropriations of the House of Representatives and the 

12 Committee on Homeland Security and Governmental Af13 fairs and the Committee on Appropriations of the Sen14 ate.’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents in Section 1(a) of such Act is amended by inserting 

17 after the item relating to section 103 the following: 

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

18 (c) COAST GUARD MISSION REVIEW REPORT.—Sec19 tion 888(f)(2) of the Homeland Security Act of 2002 (6 

20 U.S.C. 468(f)(2)) is amended— 

21 (1) by redesignating subparagraphs (B) 

22 through (E) as subparagraphs (C) through (F) re23 spectively; and 

24 (2) by striking subparagraph (A) and inserting 

25 the following: 


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1 ‘‘(A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 ‘‘(B) the Committee on Homeland Security 

4 of the House of Representatives;’’. 

5 SEC. 305. SENSE OF CONGRESS REGARDING OVERSIGHT OF 

6 HOMELAND SECURITY. 

7 It is the sense of the Congress that the House of Rep8 resentatives and the Senate should implement the rec9 ommendation of the National Commission on Terrorist At10 tacks Upon the United States to designate a committee 

11 in each body to serve as the single, principal point of over12 sight and review for homeland security and to authorize 

13 the activities of the Department of Homeland Security. 

14 TITLE IV—PROCUREMENT POL15 ICY AND RESOURCES IM16 PROVEMENTS 

17 SEC. 401. HOMELAND SECURITY PROCUREMENT TRAINING. 

18 (a) IN GENERAL.—Subtitle D of title VIII of the 

19 Homeland Security Act of 2002 is amended by adding at 

20 the end the following new section: 

21 ‘‘SEC. 836. HOMELAND SECURITY PROCUREMENT TRAIN22 ING. 

23 ‘‘(a) PROVISION OF TRAINING.—The Chief Procure24 ment Officer shall provide homeland security procurement 

25 training to acquisition employees. 


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1 ‘‘(b) RESPONSIBILITIES OF CHIEF PROCUREMENT

2 OFFICER.—The Chief Procurement Officer shall carry out 

3 the following responsibilities: 

4 ‘‘(1) Establish objectives to achieve the efficient 

5 and effective use of available acquisition resources 

6 by coordinating the acquisition education and train7 ing programs of the Department and tailoring them 

8 to support the careers of acquisition employees. 

9 ‘‘(2) Develop, in consultation with the Council 

10 on Procurement Training established under sub11 section (d), the curriculum of the homeland security 

12 procurement training to be provided. 

13 ‘‘(3) Establish, in consultation with the Council 

14 on Procurement Training, training standards, re15 quirements, and courses to be required for acquisi16 tion employees. 

17 ‘‘(4) Establish an appropriate centralized mech18 anism to control the allocation of resources for con19 ducting such required courses and other training 

20 and education. 

21 ‘‘(5) Select course providers and certify courses 

22 to ensure that the procurement training curriculum 

23 supports a coherent framework for the educational 

24 development of acquisition employees, including the 


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1 provision of basic, intermediate, and advanced 

2 courses. 

3 ‘‘(6) Publish an annual catalog that includes a 

4 list of the acquisition education and training 

5 courses. 

6 ‘‘(7) Develop a system of maintaining records 

7 of student enrollment, and other data related to stu8 dents and courses conducted pursuant to this sec9 tion. 

10 ‘‘(c) ELIGIBILITY FOR TRAINING.—An acquisition 

11 employee of any entity under subsection (d)(3) may re12 ceive training provided under this section. The appropriate 

13 member of the Council on Procurement Training may di14 rect such an employee to receive procurement training. 

15 ‘‘(d) COUNCIL ON PROCUREMENT TRAINING.— 

16 ‘‘(1) ESTABLISHMENT.—The Secretary shall es17 tablish a Council on Procurement Training to advise 

18 and make policy and curriculum recommendations to 

19 the Chief Procurement Officer. 

20 ‘‘(2) CHAIR OF COUNCIL.—The chair of the 

21 Council on Procurement Training shall be the Dep22 uty Chief Procurement Officer. 

23 ‘‘(3) MEMBERS.—The members of the Council 

24 on Procurement Training are the chief procurement 

25 officers of each of the following: 


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1 ‘‘(A) United States Customs and Border 

2 Protection. 

3 ‘‘(B) The Transportation Security Admin4 istration. 

5 ‘‘(C) The Office of Procurement Oper6 ations. 

7 ‘‘(D) The Bureau of Immigration and Cus8 toms Enforcement. 

9 ‘‘(E) The Federal Emergency Management 

10 Agency. 

11 ‘‘(F) The Coast Guard. 

12 ‘‘(G) The Federal Law Enforcement 

13 Training Center. 

14 ‘‘(H) The United States Secret Service. 

15 ‘‘(I) Such other entity as the Secretary de16 termines appropriate. 

17 ‘‘(e) ACQUISITION EMPLOYEE DEFINED.—For pur18 poses of this section, the term ‘acquisition employee’ 

19 means an employee serving under a career or career-condi20 tional appointment in the competitive service or appoint21 ment of equivalent tenure in the excepted service of the 

22 Federal Government, at least 50 percent of whose as23 signed duties include acquisitions, procurement-related 

24 program management, or procurement-related oversight 

25 functions. 


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1 ‘‘(f) REPORT REQUIRED.—Not later than March 1 

2 of each year, the Chief Procurement Officer shall submit 

3 to the Secretary a report on the procurement training pro4 vided under this section, which shall include information 

5 about student enrollment, students who enroll but do not 

6 attend courses, graduates, certifications, and other rel7 evant information.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of such Act is amended by adding at the 

10 end of the items relating to such subtitle the following: 

‘‘Sec. 890A. Homeland security procurement training.’’. 

11 SEC. 402. AUTHORITY TO APPOINT AND MAINTAIN A CADRE 

12 OF FEDERAL ANNUITANTS FOR PROCURE13 MENT OFFICES. 

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

15 (1) the term ‘‘procurement office’’ means the 

16 Office of Procurement Operations and any other 

17 procurement office within any agency or other com18 ponent of the Department; 

19 (2) the term ‘‘annuitant’’ means an annuitant 

20 under a Government retirement system; 

21 (3) the term ‘‘Government retirement system’’ 

22 has the meaning given such term by section 501(a); 

23 and 


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1 (4) the term ‘‘employee’’ has the meaning given 

2 such term by section 2105 of title 5, United States 

3 Code. 

4 (b) APPOINTMENT AUTHORITY.—The Secretary (act5 ing through the Chief Procurement Officer) may, for the 

6 purpose of supporting the Department’s acquisition capa7 bilities and enhancing contract management throughout 

8 the Department, appoint annuitants to positions in pro9 curement offices in accordance with succeeding provisions 

10 of this section. 

11 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

12 FROM OFFSET.—An appointment made under subsection 

13 (b) shall not be subject to the provisions of title 5, United 

14 States Code, governing appointments in the competitive 

15 service, and any annuitant serving pursuant to such an 

16 appointment shall be exempt from sections 8344 and 8468 

17 of such title 5 (relating to annuities and pay on reemploy18 ment) and any other similar provision of law under a Gov19 ernment retirement system. 

20 (d) LIMITATIONS.—No appointment under subsection 

21 (b) may be made if such appointment would result in the 

22 displacement of any employee or would cause the total 

23 number of positions filled by annuitants appointed under 

24 such subsection to exceed 250 as of any time (determined 

25 on a full-time equivalent basis). 


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1 (e) RULE OF CONSTRUCTION.—An annuitant as to 

2 whom an exemption under subsection (c) is in effect shall 

3 not be considered an employee for purposes of any Govern4 ment retirement system. 

5 (f) TERMINATION.—Upon the expiration of the 5- 

6 year period beginning on the date of the enactment of this 

7 Act— 

8 (1) any authority to make appointments under 

9 subsection (b) shall cease to be available; and 

10 (2) all exemptions under subsection (c) shall 

11 cease to be effective. 

12 SEC. 403. ADDITIONAL REQUIREMENT TO REVIEW PAST 

13 PERFORMANCE OF CONTRACTORS. 

14 (a) IN GENERAL.—Such subtitle is further amended 

15 by adding at the end the following new section: 

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

17 ‘‘(a) CONSIDERATION OF CONTRACTOR PAST PER18 FORMANCE.—In awarding a contract to a contractor, the 

19 Secretary shall consider the past performance of that con20 tractor based on the review conducted under subsection 

21 (b). 

22 ‘‘(b) REVIEW REQUIRED.—Before awarding to a con23 tractor (including a contractor that has previously pro24 vided goods or services to the Department) a contract to 

25 provide goods or services to the Department, the SecVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 retary, acting through the appropriate contracting officer 

2 of the Department, shall require the contractor to submit 

3 information regarding the contractor’s performance of 

4 Federal, State, and local government and private sector 

5 contracts. 

6 ‘‘(c) CONTACT OF RELEVANT OFFICIALS.—As part 

7 of any review of a contractor conducted under subsection 

8 (b), the Secretary, acting through an appropriate con9 tracting officer of the Department, shall contact the rel10 evant official who administered or oversaw each contract 

11 performed by that contractor during the five-year period 

12 preceding the date on which the review begins.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of such Act is amended by adding at the 

15 end of the items relating to such subtitle the following: 

‘‘Sec. 838. Review of contractor past performance.’’. 

16 SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN OWNER17 SHIP OR CONTROL OF CONTRACTORS AND 

18 SUBCONTRACTORS. 

19 (a) COMPLIANCE WITH BUY AMERICAN ACT.—With 

20 respect to any procurement of goods or services by the 

21 Department of Homeland Security, the Chief Procurement 

22 Officer of the Department shall conduct an independent 

23 review of the procurement to ensure that it complies with 

24 all relevant provisions of the Buy American Act (41 

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


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1 (b) FOREIGN OWNERSHIP OR CONTROL OF CON2 TRACTORS AND SUBCONTRACTORS.— 

3 (1) DISCLOSURE OF INFORMATION.—With re4 spect to any procurement of goods or services by the 

5 Department of Homeland Security, the Secretary of 

6 Homeland Security shall require an offeror or pro7 spective offeror to disclose whether the offeror or 

8 any prospective subcontractor (at any tier) is owned 

9 or controlled by a foreign person. The Secretary 

10 shall require all offerors, prospective offerors, and 

11 contractors to update the disclosure at any time be12 fore award of the contract or during performance of 

13 the contract, if the information provided becomes in14 correct because of a change of ownership, a change 

15 in subcontractors, or for any other reason. 

16 (2) FOREIGN OWNERSHIP OR CONTROL.—In 

17 this subsection: 

18 (A) The term ‘‘owned or controlled by a 

19 foreign person’’, with respect to an offeror, con20 tractor, or subcontractor, means that a foreign 

21 person owns or controls, directly or indirectly, 

22 50 percent or more of the voting stock or other 

23 ownership interest in the offeror, contractor, or 

24 subcontractor. 


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1 (B) The term ‘‘foreign person’’ means any 

2 of the following: 

3 (i) A foreign government. 

4 (ii) A corporation organized under the 

5 laws of a foreign country. 

6 (iii) An individual who is not a citizen 

7 of the United States. 

8 (3) REGULATIONS.—Not later than 180 days 

9 after the date of the enactment of this Act, the Sec10 retary of Homeland Security shall promulgate regu11 lations to carry out this subsection. 

12 SEC. 405. INTEGRITY IN CONTRACTING. 

13 (a) IN GENERAL.—Subtitle D of title VIII of the 

14 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 836. INTEGRITY IN CONTRACTING. 

17 ‘‘(a) ATTESTATION REQUIRED.—The Secretary shall 

18 require any offeror for any contract to provide goods or 

19 services to the Department to submit as part of the 

20 offeror’s bid for such contract an attestation that affirma21 tively discloses any substantial role the offeror, the em22 ployees of the offeror, or any corporate parent or sub23 sidiary of the offeror may have played in creating a solici24 tation, request for proposal, statement of work, or stateVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 ment of objectives (as those terms are defined in the Fed2 eral Acquisition Regulation) for the Department. 

3 ‘‘(b) ADDITIONAL REQUIREMENTS FOR CERTAIN

4 OFFERORS.—If an offeror submits an attestation under 

5 subsection (a) that discloses that the offeror, an employee 

6 of the offeror, or any corporate parent or subsidiary of 

7 the offeror played a substantial role in creating a solicita8 tion, request for proposal, statement of work, or statement 

9 of objectives for the Department, the Secretary shall re10 quire the offeror to submit to the Secretary a description 

11 of the safeguards used to ensure that precautions were 

12 in place to prevent the offeror from receiving information 

13 through such role that could be used to provide the offeror 

14 an undue advantage in submitting an offer for a contract. 

15 ‘‘(c) CERTIFICATION REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall require 

17 any offeror for any contract to provide goods or 

18 services to the Department to submit to the Sec19 retary as part of the offeror’s bid for such contract 

20 a certification in writing whether, as of the date on 

21 which the certification is submitted, the offeror— 

22 ‘‘(A) is in default on any payment of any 

23 tax to the Federal Government; or 

24 ‘‘(B) owes the Federal Government for any 

25 payment of any delinquent tax. 


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1 ‘‘(2) FAILURE OF CERTIFICATION.—Nothing in 

2 this section shall prevent the Department from 

3 awarding a contract to an offeror based solely on the 

4 offeror’s certification.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of such Act is further amended by adding 

7 at the end of the items relating to such subtitle the fol8 lowing: 

‘‘Sec. 836. Integrity in contracting.’’. 

9 SEC. 406. SMALL BUSINESS UTILIZATION REPORT. 

10 (a) REPORT.—Not later than 360 days after the date 

11 of the enactment of this Act, the Chief Procurement Offi12 cer of the Department of Homeland Security shall submit 

13 to the Secretary of Homeland Security, the Committee on 

14 Homeland Security of the House of Representatives, and 

15 the Committee on Homeland Security and Governmental 

16 Affairs of the Senate a report that— 

17 (1) identifies each component of the Depart18 ment for which the aggregate value of contracts 

19 awarded in fiscal year 2006 by the component to 

20 qualified HUBZone small business concerns and 

21 small business concerns owned and controlled by 

22 service-disabled veterans was less than 3 percent of 

23 the total value of all contracts awarded under the 

24 component for that fiscal year; and 


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1 (2) identifies each component of the Depart2 ment for which the aggregate value of contracts 

3 awarded in fiscal year 2006 by the component to so4 cially or economically disadvantaged small business 

5 concerns, including 8(a) small business concerns, 

6 and small business concerns owned and controlled by 

7 women was less than 5 percent of the total value of 

8 all contracts awarded by the component for that fis9 cal year. 

10 (b) ACTION PLAN.— 

11 (1) ACTION PLAN REQUIRED.—Not later than 

12 90 days after the date of the submission of the re13 port required under subsection (a), the Chief Pro14 curement Officer, in consultation with Office of 

15 Small and Disadvantaged Businesses Utilization of 

16 the Department, shall for each component identified 

17 under subsection (a)(1) and (a)(2), develop, submit 

18 to the Committees referred to in subsection (a), and 

19 begin implementing an action plan for achieving the 

20 objective described in subsection (b)(2). An action 

21 plan is not required if the component meets or ex22 ceeds is meeting or exceeding the objective described 

23 in subsection (b)(2). 

24 (2) IDENTIFICATION OF BARRIERS.—Each ac25 tion plan shall identify and describe any barriers to 


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1 achieving the objective of awarding by the compo2 nent for a fiscal year contracts having an aggregate 

3 value of at least 3 percent of the total value of all 

4 contracts awarded by the component for the fiscal 

5 year to small business concerns identified under sub6 section (a)(1) and 5 percent of the total value of all 

7 contracts awarded by the component for the fiscal 

8 year to small business concerns identified under sub9 section (a)(2). 

10 (3) PERFORMANCE MEASURES AND TIME11 TABLE.—Each action plan submitted under para12 graph (1) shall include performance measures and a 

13 timetable for compliance and achievement of the ob14 jective described in paragraph (2). 

15 (c) PRIORITY CONSIDERATION.— 

16 (1) IN GENERAL.—The Chief Procurement Offi17 cer may give priority to small business concerns for 

18 all open market procurements exceeding the sim19 plified acquisition threshold prior to initiating full 

20 and open, or unrestricted, competition. 

21 (2) ORDER OF PRIORITY.—In proceeding with 

22 priority consideration under paragraph (1), the 

23 Chief Procurement Officer shall consider contracting 

24 proposals in the following order: 


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1 (A) Proposals submitted by 8(a) small 

2 business concerns or HUBZone small business 

3 concerns; service-disabled veteran owned small 

4 business concerns; or women owned small busi5 ness concerns. 

6 (B) Proposals submitted by other shall 

7 business concerns. 

8 (C) Proposals submitted under full and 

9 open competition. 

10 (3) For purposes of carrying out paragraph (2) 

11 with respect to proposals submitted by small busi12 ness concerns described in the same subparagraph of 

13 paragraph (2), the Chief Procurement Officer shall 

14 select the appropriate category of concern based on 

15 market research, historical data, and progress to16 ward achieving the objective described in subsection 

17 (b)(2). 

18 (d) DEFINITIONS.—For purposes of this section, the 

19 terms ‘‘small business concern’’, ‘‘socially or economically 

20 disadvantaged small business concern’’, ‘‘women owned 

21 small business concern’’, ‘‘small business concern owned 

22 and controlled by service-disabled veterans’’, ‘‘8(a) small 

23 business concerns’’, and ‘‘qualified HUBZone small busi24 ness concern’’ have the meanings given such terms under 

25 the Small Business Act (15 U.S.C. 631 et seq.). 


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1 SEC. 407. REQUIREMENT THAT UNIFORMS, PROTECTIVE 

2 GEAR, BADGES, AND IDENIFICATION CARDS 

3 OF HOMELAND SECURITY PERSONNEL BE 

4 MANUFACTURED IN THE UNITED STATES. 

5 (a) IN GENERAL.—Subtitle D of title VIII of the 

6 Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) 

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

8 ‘‘SEC. 836. REQUIREMENT THAT CERTAIN ARTICLES PRO9 CURED FOR DEPARTMENT PERSONNEL BE 

10 MANUFACTURED IN THE UNITED STATES. 

11 ‘‘(a) REQUIREMENT.—Except as provided in section 

12 (c), funds appropriated or otherwise available to the De13 partment may not be used for the procurement of an arti14 cle described in section (b) if the item is not manufactured 

15 in the United States. 

16 ‘‘(b) COVERED ARTICLES.—An article referred to in 

17 subsection (a) is any of the following articles procured for 

18 personnel of the Department: 

19 ‘‘(1) Uniforms. 

20 ‘‘(2) Protective gear. 

21 ‘‘(3) Badges or other insignia indicating the 

22 rank, office, or position of personnel. 

23 ‘‘(4) Identification cards. 

24 ‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) 

25 does not apply to the extent that the Secretary determines 

26 that satisfactory quality and sufficient quantity of the arVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 ticle cannot be procured as and when needed at United 

2 States market prices. If such a determination is made with 

3 respect to an article, the Secretary shall— 

4 ‘‘(1) notify the Committee on Homeland Secu5 rity of the House of Representatives and the Com6 mittee on Homeland Security and Governmental Af7 fairs of the Senate within 7 days after making the 

8 determination; and 

9 ‘‘(2) include in that notification a certification 

10 that manufacturing the article outside the United 

11 States does not pose a risk to the national security 

12 of the United States, as well as a detailed expla13 nation of the steps any facility outside the United 

14 States that is manufacturing the article will be re15 quired to take to ensure that the materials, patterns, 

16 logos, designs, or any other element used in or for 

17 the article are not misappropriated. 

18 ‘‘(d) OTHER EXCEPTIONS.—Subsection (a) does not 

19 apply— 

20 ‘‘(1) to acquisitions at or below the micro-pur21 chase threshold (as defined in section 32 of the Of22 fice of Federal Procurement Policy Act (41 U.S.C. 

23 428)); and 

24 ‘‘(2) to acquisitions outside the United States 

25 for use outside of the United States. 


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1 ‘‘(e) RELATIONSHIP TO WAIVER UNDER TRADE

2 AGREEMENTS ACT OF 1979.—Subsection (a) shall apply 

3 notwithstanding any waiver under section 301 of the 

4 Trade Agreements Act of 1979 (19 U.S.C. 2511).’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents of the Homeland Security Act of 2002 is amended 

7 by adding after the item relating to section 835 the fol8 lowing new item: 

‘‘Sec. 836. Requirement that certain articles procured for Department personnel be manufactured in the United States.’’. 

9 (c) APPLICABILITY.—The amendments made by this 

10 section take effect 120 days after the date of the enact11 ment of this Act and apply to any contract entered into 

12 on or after that date for the procurement of items to which 

13 such amendments apply. 

14 SEC. 408. DEPARTMENT OF HOMELAND SECURITY MENTOR15 PROTE ́ GE ́ PROGRAM. 

16 (a) ESTABLISHMENT.—The Secretary of Homeland 

17 Security shall establish within the Department of Home18 land Security’s Office of Small Business and Disadvan19 taged Business Utilization a Mentor-Prote ́ge ́ Program. 

20 (b) PARTICIPATION BY CONTRACTORS AND

21 OFFERORS.—The Secretary shall take affirmative steps to 

22 publicize and to ensure that Department contractors and 

23 offerors are fully aware of and are participating in the 

24 Mentor-Prote ́ge ́ Program, including the fact that their efVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 forts to seek and develop a formal Mentor-Prote ́ge ́ rela2 tionship will be a factor in the evaluation of bids or offers 

3 for Department contracts. 

4 (c) FACTOR IN EVALUATION OF OFFERS.—When 

5 evaluating the offer of a contractor, the Department of 

6 Homeland Security shall consider that offeror’s efforts to 

7 seek and develop a formal Mentor-Prote ́ge ́ relationship 

8 under the Mentor-Prote ́ge ́ Program. 

9 (d) REVIEW BY INSPECTOR GENERAL.—The Inspec10 tor General of the Department of Homeland Security shall 

11 conduct a review of the Mentor-Prote ́ge ́ Program. Such 

12 review shall include— 

13 (1) an assessment of the program’s effective14 ness; 

15 (2) identification of any barriers that restrict 

16 contractors from participating in the program; 

17 (3) a comparison of the program with the De18 partment of Defense Mentor-Prote ́ge ́ Program; and 

19 (4) development of recommendations to 

20 strengthen the program to include the maximum 

21 number of contractors as possible. 


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1 TITLE V—WORKFORCE AND 

2 TRAINING IMPROVEMENTS 

3 SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER 

4 PAY EQUITY. 

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

6 (1) The term ‘‘Government retirement system’’ 

7 means a retirement system established by law for 

8 employees of the Government of the United States. 

9 (2) The term ‘‘Customs and Border Protection 

10 Officer position’’ refers to any Customs and Border 

11 Protection Officer position— 

12 (A) which is within the Department of 

13 Homeland Security, and 

14 (B) the primary duties of which consist of 

15 enforcing the border, customs, or agriculture 

16 laws of the United States; 

17 such term includes a supervisory or administrative 

18 position within the Department of Homeland Secu19 rity to which an individual transfers directly from a 

20 position described in the preceding provisions of this 

21 paragraph in which such individual served for at 

22 least three years. 

23 (3) The term ‘‘law enforcement officer’’ has the 

24 meaning given such term under the Government re25 tirement system involved. 


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1 (4) The term ‘‘Executive agency’’ or ‘‘agency’’ 

2 has the meaning given under section 105 of title 5, 

3 United States Code. 

4 (5) The term ‘‘prior qualified service’’ means 

5 service as a Customs and Border Protection Officer 

6 within the Department of Homeland Security, since 

7 its creation in March 2003. 

8 (b) TREATMENT AS A LAW ENFORCEMENT OFFI9 CER.—In the administration of any Government retire10 ment system, service in a Customs and Border Protection 

11 Officer position shall be treated in the same way as service 

12 performed in a law enforcement officer position, subject 

13 to succeeding provisions of this section. 

14 (c) APPLICABILITY.—Subsection (b) shall apply in 

15 the case of— 

16 (1) any individual first appointed to a Customs 

17 and Border Protection Officer position on or after 

18 the date of the enactment of this Act; and 

19 (2) any individual who— 

20 (A) holds a Customs and Border Protec21 tion Officer position on the date of the enact22 ment of this Act pursuant to an appointment 

23 made before such date; and 

24 (B) who submits to the agency admin25 istering the retirement system involved an apVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 propriate election under this section, not later 

2 than five years after the date of the enactment 

3 of this Act or before separation from Govern4 ment service, whichever is earlier. 

5 (d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR QUALI6 FIED SERVICE.— 

7 (1) IN GENERAL.—An individual described in 

8 subsection (c)(2)(B) may, with respect to prior 

9 qualified service performed by such individual, con10 tribute to the Government retirement system by 

11 which such individual is covered (for deposit in the 

12 appropriate fund within the Treasury) the difference 

13 between the individual contributions that were actu14 ally made for such service and the individual con15 tributions that should have been made for such serv16 ice if subsection (b) had then been in effect (with in17 terest). 

18 (2) EFFECT OF NOT CONTRIBUTING.—If less 

19 than the full contribution under paragraph (1) is 

20 made, all prior qualified service of the individual 

21 shall remain fully creditable as law enforcement offi22 cer service, but the resulting annuity (before cost-of23 living adjustments) shall be reduced in a manner 

24 such that, when combined with the unpaid amount, 

25 would result in the present value of the total being 


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1 actuarially equivalent to the present value of the an2 nuity that would otherwise have been payable if the 

3 full contribution had been made. 

4 (e) GOVERNMENT CONTRIBUTIONS FOR PRIOR

5 QUALIFIED SERVICE.— 

6 (1) IN GENERAL.—If an individual makes an 

7 election under subsection (c)(2)(B), the Department 

8 of Homeland Security shall remit, with respect to 

9 any prior qualified service, the total amount of addi10 tional Government contributions that would have 

11 been required for such service under the retirement 

12 system involved if subsection (b) had then been in 

13 effect (with interest). 

14 (2) CONTRIBUTIONS TO BE MADE RATABLY.— 

15 Government contributions under this subsection on 

16 behalf of an individual shall be made ratably (on at 

17 least an annual basis) over the ten-year period be18 ginning on the date an individual’s retirement de19 ductions begin to be made. 

20 (f) EXEMPTION FROM MANDATORY SEPARATION.— 

21 Effective during the three-year period beginning on the 

22 date of the enactment of this Act, nothing in this section 

23 shall result in any individual being involuntarily separated 

24 on account of the provisions of any retirement system reVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 lating to the mandatory separation of a law enforcement 

2 officer on account of age or age and service combined. 

3 (g) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be considered to apply in the case of a reem5 ployed annuitant. 

6 (h) REGULATIONS.—Any regulations necessary to 

7 carry out this section shall be prescribed in consultation 

8 with the Secretary of Homeland Security. 

9 SEC. 502. PLAN TO IMPROVE REPRESENTATION OF MINORI10 TIES IN VARIOUS CATEGORIES OF EMPLOY11 MENT. 

12 (a) PLAN FOR IMPROVING REPRESENTATION OF MI13 NORITIES.—Not later than 90 days after the date of the 

14 enactment of this Act, the Chief Human Capital Officer 

15 of the Department of Homeland Security shall prepare 

16 and transmit to the Committee on Homeland Security and 

17 Governmental Affairs of the Senate, the Committee on 

18 Homeland Security of the House of Representatives, and 

19 the Government Comptroller General of the United States 

20 a plan to achieve the objective of addressing any under 

21 representation of minorities in the various categories of 

22 civil service employment within such Department. Such 

23 plan shall identify and describe any barriers to achieving 

24 the objective described in the preceding sentence and the 


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1 strategies and measures included in the plan to overcome 

2 them. 

3 (b) ASSESSMENTS.—Not later than 1 year after re4 ceiving the plan, the Comptroller General of the United 

5 States shall assess— 

6 (1) any programs and other measures currently 

7 being implemented to achieve the objective described 

8 in the first sentence of subsection (a); and 

9 (2) the likelihood that the plan will allow the 

10 Department to achieve such objective. 

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

12 (1) the term ‘‘under representation’’ means a 

13 situation in which the members of a minority group 

14 within a category of Federal civil service employment 

15 constitutes a lower percentage of the total number of 

16 employees within the employment category than the 

17 percentage that the minority constituted within the 

18 labor force of the Federal Government, according to 

19 statistics issued by the Office of Personnel Manage20 ment; 

21 (2) the term ‘‘minority groups’’ or ‘‘minorities’’ 

22 means— 

23 (A) racial and ethnic minorities; 

24 (B) women; and 

25 (C) individuals with disabilities; and 


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1 (3) the term ‘‘category of civil service employ2 ment’’ means— 

3 (A) each pay grade, pay band, or other 

4 classification of every pay schedule and all other 

5 levels of pay applicable to the Department of 

6 Homeland Security; and 

7 (B) such occupational, professional, or 

8 other groupings (including occupational series) 

9 as the Chief Human Capital Officer of the De10 partment of Homeland Security may specify, in 

11 the plan described in subsection (a), in order to 

12 carry out the purposes of this section. 

13 SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL 

14 LAW ENFORCEMENT TRAINING CENTER TO 

15 APPOINT AND MAINTAIN A CADRE OF FED16 ERAL ANNUITANTS. 

17 Section 1202(a) of the 2002 Supplemental Appro18 priations Act for Further Recovery From and Response 

19 To Terrorist Attacks on the United States (42 U.S.C. 

20 3771 note) is amended in the first sentence by striking 

21 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

22 2008’’. 


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1 SEC. 504. AUTHORITY TO APPOINT AND MAINTAIN A CADRE 

2 OF FEDERAL ANNUITANTS FOR CUSTOMS 

3 AND BORDER PROTECTION. 

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

5 (1) the term ‘‘CBP’’ means the United States 

6 Customs and Border Protection; 

7 (2) the term ‘‘annuitant’’ means an annuitant 

8 under a Government retirement system; 

9 (3) the term ‘‘Government retirement system’’ 

10 has the meaning given such term by section 501(a); 

11 and 

12 (4) the term ‘‘employee’’ has the meaning given 

13 such term by section 2105 of title 5, United States 

14 Code. 

15 (b) APPOINTMENT AUTHORITY.—The Secretary (act16 ing through the Commissioner of the United States Cus17 toms and Border Protection) may, for the purpose of ac18 celerating the ability of the CBP to secure the borders 

19 of the United States, appoint annuitants to positions in 

20 the CBP in accordance with succeeding provisions of this 

21 section. 

22 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

23 FROM OFFSET.—An appointment made under subsection 

24 (b) shall not be subject to the provisions of title 5, United 

25 States Code, governing appointments in the competitive 

26 service, and any annuitant serving pursuant to such an 


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1 appointment shall be exempt from sections 8344 and 8468 

2 of such title 5 (relating to annuities and pay on reemploy3 ment) and any other similar provision of law under a Gov4 ernment retirement system. 

5 (d) LIMITATIONS.—No appointment under subsection 

6 (b) may be made if such appointment would result in the 

7 displacement of any employee or would cause the total 

8 number of positions filled by annuitants appointed under 

9 such subsection to exceed 500 as of any time (determined 

10 on a full-time equivalent basis). 

11 (e) RULE OF CONSTRUCTION.—An annuitant as to 

12 whom an exemption under subsection (c) is in effect shall 

13 not be considered an employee for purposes of any Govern14 ment retirement system. 

15 (f) TERMINATION.—Upon the expiration of the 5- 

16 year period beginning on the date of the enactment of this 

17 Act— 

18 (1) any authority to make appointments under 

19 subsection (b) shall cease to be available; and 

20 (2) all exemptions under subsection (c) shall 

21 cease to be effective. 

22 SEC. 505. STRENGTHENING BORDER PATROL RECRUIT23 MENT AND RETENTION. 

24 In order to address the recruitment and retention 

25 challenges faced by United States Customs and Border 


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1 Protection, the Secretary of Homeland Security shall es2 tablish a plan, consistent with existing Federal statutes 

3 applicable to pay, recruitment, relocation, and retention 

4 of Federal law enforcement officers. Such plan shall in5 clude the following components: 

6 (1) The establishment of a recruitment incen7 tive for Border Patrol agents, including the estab8 lishment of a foreign language incentive award. 

9 (2) The establishment of a retention plan, in10 cluding the payment of bonuses to Border Patrol 

11 agents for every year of service after the first two 

12 years of service. 

13 (3) An increase in the pay percentage differen14 tials to Border Patrol agents in certain high-cost 

15 areas, as determined by the Secretary, consistent 

16 with entry-level pay to other Federal, State, and 

17 local law enforcement agencies. 

18 (4) The establishment of a mechanism whereby 

19 Border Patrol agents can transfer from one location 

20 to another after the first two years of service in 

21 their initial duty location. 

22 SEC. 506. LIMITATION ON REIMBURSEMENTS RELATING TO 

23 CERTAIN DETAILEES. 

24 In the case of an individual assigned to the Depart25 ment of Homeland Security as a detailee under an arVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 rangement described in subchapter VI of chapter 33 of 

2 title 5, United States Code, the maximum reimbursement 

3 by the Department of Homeland Security which may be 

4 made under section 3374(c) of such title with respect to 

5 such individual for the period of the assignment (including 

6 for any employee benefits) may not exceed the total 

7 amount of basic pay that would have been payable for such 

8 period if such individual had been paid, at the highest rate 

9 allowable under section 5382 of such title, as a member 

10 of the Senior Executive Service. 

11 SEC. 507. INTEGRITY IN POST-EMPLOYMENT. 

12 (a) DESIGNATIONS AS SEPARATE AGENCIES AND BU13 REAUS BARRED.—No agency, bureau, or other entity of 

14 the Department of Homeland Security may be designated 

15 under section 207(h)(1) of title 18, United States Code, 

16 as a separate agency or bureau. 

17 (b) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—This section takes effect on 

19 the later of June 6, 2007, or the date of the enact20 ment of this Act. 

21 (2) APPLICABILITY TO DESIGNATIONS.—The 

22 following shall cease to be effective on the later of 

23 June 6, 2007, or the date of the enactment of this 

24 Act: 


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1 (A) Any waiver of restrictions made under 

2 section 207(c)(2)(C) of title 18, United States 

3 Code, before the enactment of this Act, with re4 spect to any position, or category of positions, 

5 in the Department of Homeland Security. 

6 (B) Any designation of an agency, bureau, 

7 or other entity in the Department of Homeland 

8 Security, before the enactment of this Act, 

9 under section 207(h)(1) of title 18, United 

10 States Code, as a separate agency or bureau. 

11 SEC. 508. INCREASED SECURITY SCREENING OF HOME12 LAND SECURITY OFFICIALS. 

13 (a) REVIEW REQUIRED.—Not later than 90 days 

14 after the date of enactment of this Act, the Secretary of 

15 Homeland Security shall conduct a Department-wide re16 view of Department of Homeland Security security clear17 ance and suitability review procedures for Department em18 ployees and contractors, as well as individuals in state and 

19 local government agencies and private sector entities with 

20 a need to receive classified information. 

21 (b) STRENGTHENING OF SECURITY SCREENING

22 POLICIES.— 

23 (1) IN GENERAL.—Based on the findings of the 

24 review conducted under subsection (a), the Secretary 

25 shall, as appropriate, take all necessary steps to 


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1 strengthen the Department’s security screening poli2 cies, including consolidating the security clearance 

3 investigative authority at the headquarters of the 

4 Department. 

5 (2) ELEMENTS.—In strengthening security 

6 screening policies under paragraph (1), the Sec7 retary shall consider whether and where appropriate 

8 ensure that— 

9 (A) all components of the Department of 

10 Homeland Security meet or exceed Federal and 

11 Departmental standards for security clearance 

12 investigations, adjudications, and suitability re13 views; 

14 (B) the Department has a cadre of well15 trained adjudicators; and that the Department 

16 has in place a program to train and oversee ad17 judicators; and 

18 (C) suitability reviews are conducted for all 

19 Department of Homeland Security employees 

20 who transfer from a component of the Depart21 ment to the headquarters of the Departmental. 

22 SEC. 509. AUTHORITIES OF CHIEF SECURITY OFFICER. 

23 (a) ESTABLISHMENT.—Title VII of the Homeland 

24 Security Act of 2002 (6 U.S.C. 341 et seq.) is amended 

25 by adding at the end the following: 


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1 ‘‘SEC. 707. CHIEF SECURITY OFFICER. 

2 ‘‘(a) ESTABLISHMENT.—There is in the Department 

3 a Chief Security Officer. 

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

5 shall— 

6 ‘‘(1) have responsibility for personnel security, 

7 facility access, security awareness, and related train8 ing; 

9 ‘‘(2) ensure that each component of the Depart10 ment complies with Federal standards for security 

11 clearances and background investigations; 

12 ‘‘(3) ensure, to the greatest extent practicable, 

13 that individuals in state and local government agen14 cies and private sector entities with a need to receive 

15 classified information, receive the appropriate clear16 ances in a timely fashion; and 

17 ‘‘(4) perform all other functions as determined 

18 by the Secretary.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of such Act is amended by inserting after 

21 the items relating to title VII the following new item: 

‘‘Sec. 707. Chief Security Officer.’’. 

22 SEC. 510. DEPARTMENTAL CULTURE IMPROVEMENT. 

23 (a) CONSIDERATION REQUIRED.—The Secretary of 

24 Homeland Security, acting through the Chief Human Cap25 ital Officer, shall consider implementing recommendations 


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1 set forth in the Homeland Security Advisory Council Cul2 ture Task Force Report of January 2007. 

3 (b) IDENTIFICATION OF TERMS.—As part of this 

4 consideration, the Secretary, acting through the Chief 

5 Human Capital Officer, shall identify an appropriate term, 

6 as among ‘‘workforce’’, ‘‘personnel’’, and ‘‘employee’’, to 

7 replace ‘‘human capital’’ and integrate its use throughout 

8 the operations, policies, and programs of the Department 

9 of Homeland Security. 

10 SEC. 511. HOMELAND SECURITY EDUCATION PROGRAM EN11 HANCEMENTS. 

12 Section 845(b) of the Homeland Security Act of 2002 

13 (6 U.S.C. 415(b)) is amended to read as follows: 

14 ‘‘(b) LEVERAGING OF EXISTING RESOURCES.—To 

15 maximize efficiency and effectiveness in carrying out the 

16 Program, the Administrator shall use curricula modeled 

17 on existing Department-reviewed Master’s Degree cur18 ricula in homeland security, including curricula pending 

19 accreditation, together with associated learning materials, 

20 quality assessment tools, digital libraries, asynchronous 

21 distance learning, video conferencing, exercise systems, 

22 and other educational facilities, including the National Do23 mestic Preparedness Consortium, the National Fire Acad24 emy, and the Emergency Management Institute. The AdVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 ministrator may develop additional educational programs, 

2 as appropriate.’’. 

3 TITLE VI—BIOPREPAREDNESS 

4 IMPROVEMENTS 

5 SEC. 601. CHIEF MEDICAL OFFICER AND OFFICE OF 

6 HEALTH AFFAIRS. 

7 Section 516 of the Homeland Security Act of 2002 

8 (6 U.S.C. 321e) is amended to read as follows: 

9 ‘‘SEC. 516. CHIEF MEDICAL OFFICER. 

10 ‘‘(a) IN GENERAL.—There is in the Department a 

11 Chief Medical Officer, who shall be appointed by the Presi12 dent, by and with the advice and consent of the Senate, 

13 and shall have the rank and title of Assistant Secretary 

14 for Health Affairs and Chief Medical Officer (in this sec15 tion referred to as the ‘Chief Medical Officer’). 

16 ‘‘(b) OFFICE OF HEALTH AFFAIRS.—There is in the 

17 Department an Office of Health Affairs, which shall be 

18 headed by the Chief Medical Officer. 

19 ‘‘(c) QUALIFICATIONS.—The individual appointed as 

20 the Chief Medical Officer shall possess a demonstrated 

21 ability in and knowledge of medicine and public health. 

22 ‘‘(d) RESPONSIBILITIES.—The Chief Medical Officer 

23 shall have the primary responsibility within the Depart24 ment for medical and health issues related to the general 

25 roles, responsibilities, and operations of the Department, 


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1 and natural disasters, acts of terrorism, and other man2 made disasters, including— 

3 ‘‘(1) serving as the principal advisor to the Sec4 retary and leading the Department’s medical care, 

5 public health, food, water, veterinary care, and agro6 security and defense responsibilities; 

7 ‘‘(2) providing oversight for all medically-re8 lated actions and protocols of the Department’s 

9 medical personnel; 

10 ‘‘(3) administering the Department’s respon11 sibilities for medical readiness, including— 

12 ‘‘(A) planning and guidance to support im13 provements in local training, equipment, and 

14 exercises funded by the Department; and 

15 ‘‘(B) consistent with the National Re16 sponse Plan established pursuant to Homeland 

17 Security Presidential Directive 8, assisting in 

18 fulfilling the Department’s roles in related 

19 emergency support functions; 

20 ‘‘(4) serving as the Department’s primary point 

21 of contact with the Department of Agriculture, the 

22 Department of Defense, the Department of Health 

23 and Human Services, the Department of Transpor24 tation, the Department of Veterans Affairs, and 

25 other Federal departments and agencies, on all matVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 ters of medical and public health to ensure coordina2 tion consistent with the National Response Plan; 

3 ‘‘(5) serving as the Department’s primary point 

4 of contact for State, local, tribal, and territorial gov5 ernments, the medical community, and the private 

6 sector, to ensure that medical readiness and re7 sponse activities are coordinated and consistent with 

8 the National Response Plan and the Secretary’s inci9 dent management requirements; 

10 ‘‘(6) managing the Department’s biodefense 

11 and biosurveillance activities including the National 

12 Biosurveillance Integration System, and the Depart13 ments responsibilities under Project BioShield in co14 ordination with the Under Secretary of Science and 

15 Technology as appropriate; 

16 ‘‘(7) assuring that the Department’s workforce 

17 has science-based policy, standards, requirements, 

18 and metrics for occupational safety and health; 

19 ‘‘(8) supporting the operational requirements of 

20 the Department’s components with respect to protec21 tive medicine and tactical medical support; 

22 ‘‘(9) developing, in coordination with appro23 priate Department entities, end-to-end plans for pre24 vention, readiness, protection, response, and recovery 


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1 from catastrophic events with human, animal, agri2 cultural, or environmental health consequences; 

3 ‘‘(10) integrating into the end-to-end plans de4 veloped under paragraph (9), Department of Health 

5 and Human Services’ efforts to identify and deploy 

6 medical assets (including human, fixed, and material 

7 assets) used in preparation for or response to na8 tional disasters and catastrophes, and to enable ac9 cess by medical personnel patient electronic medical 

10 records to aid treatment of displaced persons in such 

11 circumstance, in order to assure that actions of both 

12 Departments are combined for maximum effective13 ness during an emergency consistent with the Na14 tional Response Plan and applicable emergency sup15 port functions; 

16 ‘‘(11) performing other duties relating to such 

17 responsibilities as the Secretary may require; and 

18 ‘‘(12) directing and maintaining a coordinated 

19 system for medical support of the Department’s 

20 operational activities.’’. 

21 SEC. 602. IMPROVING THE MATERIAL THREATS PROCESS. 

22 (a) IN GENERAL.—Section 319F–2(c)(2)(A) of the 

23 Public Health Service Act (42 U.S.C. 247d–6b(c)(2)(A)) 

24 is amended— 


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1 (1) by redesignating clauses (i) and (ii) as sub2 clauses (I) and (II), respectively; 

3 (2) by moving each of such subclauses two ems 

4 to the right; 

5 (3) by striking ‘‘(A) MATERIAL THREAT.—The 

6 Homeland Security Secretary’’ and inserting the fol7 lowing: 

8 ‘‘(A) MATERIAL THREAT.— 

9 ‘‘(i) IN GENERAL.—The Secretary of 

10 Homeland Security’’; and 

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

12 ‘‘(ii) USE OF EXISTING RISK ASSESS13 MENTS.—For the purpose of satisfying the 

14 requirements of clause (i) as expeditiously 

15 as possible, the Secretary of Homeland Se16 curity shall, as practicable, utilize existing 

17 risk assessments that such Secretary con18 siders credible. 

19 ‘‘(iii) ORDER OF ASSESSMENTS.— 

20 ‘‘(I) GROUPINGS TO FACILITATE

21 ASSESSMENT OF COUNTER22 MEASURES.—In conducting threat as23 sessments and determinations under 

24 clause (i) of chemical, biological, radi25 ological, and nuclear agents, the SecVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 retary of Homeland Security shall, to 

2 the extent practicable and appro3 priate, consider the completion of such 

4 assessments and determinations for 

5 groups of agents toward the goal of 

6 facilitating the assessment of counter7 measures under paragraph (3) by the 

8 Secretary of Health and Human Serv9 ices. 

10 ‘‘(II) CATEGORIES OF COUNTER11 MEASURES.—The grouping of agents 

12 under subclause (I) by the Secretary 

13 of Homeland Security shall be de14 signed to facilitate assessments under 

15 paragraph (3) by the Secretary of 

16 Health and Human Services regarding 

17 the following two categories of coun18 termeasures: 

19 ‘‘(aa) Countermeasures that 

20 may address more than one 

21 agent identified under clause 

22 (i)(II). 

23 ‘‘(bb) Countermeasures that 

24 may address adverse health conVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 sequences that are common to 

2 exposure to different agents. 

3 ‘‘(III) RULE OF CONSTRUC4 TION.—A particular grouping of 

5 agents pursuant to subclause (II) is 

6 not required under such subclause to 

7 facilitate assessments of both cat8 egories of countermeasures described 

9 in such subclause. A grouping may 

10 concern one category and not the 

11 other. 

12 ‘‘(iv) DEADLINE FOR COMPLETION OF

13 CERTAIN MATERIAL THREAT DETERMINA14 TIONS.—With respect to chemical, biologi15 cal, radiological, and nuclear agents known 

16 to the Secretary of Homeland Security as 

17 of the day before the date of the enactment 

18 of this clause, and which such Secretary 

19 considers to be capable of significantly af20 fecting national security, such Secretary 

21 shall complete the determinations under 

22 clause (i)(II) not later than December 31, 

23 2007. 

24 ‘‘(v) REPORT TO CONGRESS.—Not 

25 later than 30 days after the date on which 


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1 the Secretary of Homeland Security com2 pletes a material threat assessment under 

3 clause (i), the Secretary shall submit to 

4 Congress a report containing the results of 

5 such assessment. 

6 ‘‘(vi) DEFINITION.—For purposes of 

7 this subparagraph, the term ‘risk assess8 ment’ means a scientific, technically-based 

9 analysis of agents that incorporates threat, 

10 vulnerability, and consequence informa11 tion.’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 521(d) of the Homeland Security Act of 2002 (6 U.S.C. 

14 321–j(d)) is amended— 

15 (1) in paragraph (1), by striking ‘‘2006,’’ and 

16 inserting ‘‘2009,’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO19 PRIATIONS REGARDING CERTAIN THREAT ASSESS20 MENTS.—For the purpose of providing an additional 

21 amount to the Secretary to assist the Secretary in 

22 meeting the requirements of clause (iv) of section 

23 319F–2(c)(2)(A)) of the Public Health Service Act 

24 (relating to time frames), there are authorized to be 

25 appropriated such sums as may be necessary for fisVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 cal year 2008, in addition to the authorization of ap2 propriations established in paragraph (1). The pur3 poses for which such additional amount may be ex4 pended include conducting risk assessments regard5 ing clause (i)(II) of such section when there are no 

6 existing risk assessments that the Secretary con7 siders credible.’’. 

8 SEC. 603. STUDY ON NATIONAL BIODEFENSE TRAINING. 

9 (a) STUDY REQUIRED.—The Secretary of Homeland 

10 Security shall, in consultation with the Secretary of De11 fense and the Secretary for Health and Human Services, 

12 conduct a study to determine the staffing and training re13 quirements for pending capital programs to construct bio14 defense laboratories (including agriculture and animal lab15 oratories) at Biosafety Level 3 and Biosafety Level 4 or 

16 to expand current biodefense laboratories to such biosafety 

17 levels. 

18 (b) ELEMENTS.—In conducting the study, the Sec19 retary of Homeland Security shall address the following: 

20 (1) The number of trained personnel, by dis21 cipline and qualification level, required for existing 

22 biodefense laboratories at Biosafety Level 3 and Bio23 safety Level 4, including the number trained in 

24 Good Laboratory Practices (GLP). 


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1 (2) The number of research and support staff, 

2 including researchers, laboratory technicians, animal 

3 handlers, facility managers, facility or equipment 

4 maintainers, safety and security personnel (including 

5 biosafety, physical security, and cybersecurity per6 sonnel), and other safety personnel required to man7 age biodefense research efforts to combat bioter8 rorism at the planned biodefense laboratories de9 scribed in subsection (a). 

10 (3) The training required to provide the per11 sonnel described by paragraphs (1) and (2), includ12 ing the type of training (whether classroom, labora13 tory, or field training) required, the length of train14 ing required by discipline, and the curriculum re15 quired to be developed for such training. 

16 (4) Training schedules necessary to meet the 

17 scheduled openings of the biodefense laboratories de18 scribed in subsection (a), including schedules for re19 fresher training and continuing education that may 

20 be necessary for that purpose. 

21 (c) REPORT.—Not later than December 31, 2007, the 

22 Secretary of Homeland Security shall submit to Congress 

23 a report setting forth the results of the study conducted 

24 under this section. 


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1 SEC. 604. NATIONAL BIOSURVEILLANCE INTEGRATION 

2 CENTER. 

3 (a) IN GENERAL.—Title III of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

5 adding at the end the following new section: 

6 ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION 

7 CENTER. 

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab9 lish a National Biosurveillance Integration Center (re10 ferred to in this section as the ‘NBIC’) to enhance the 

11 capability of the Federal Government to rapidly identify, 

12 characterize, and localize a biological event by integrating 

13 and analyzing data related to human health, animals, 

14 plants, food, and the environment. The NBIC shall be 

15 headed by a Director. 

16 ‘‘(b) INTEGRATED BIOSURVEILLANCE NETWORK.— 

17 As part of the NBIC, the Director shall develop, operate, 

18 and maintain an integrated network to detect, as early as 

19 possible, a biological event that presents a risk to the 

20 United States or the infrastructure or key assets of the 

21 United States. The network shall— 

22 ‘‘(1) consolidate data from all relevant surveil23 lance systems maintained by the Department and 

24 other governmental and private sources, both foreign 

25 and domestic, to the extent practicable; and 


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1 ‘‘(2) use an information technology system that 

2 uses the best available statistical and other analyt3 ical tools to identify and characterize biological 

4 events in as close to real-time as possible. 

5 ‘‘(c) RESPONSIBILITIES.— 

6 ‘‘(1) IN GENERAL.—The Director shall— 

7 ‘‘(A) monitor on an ongoing basis the 

8 availability and appropriateness of candidate 

9 data feeds and solicit new surveillance systems 

10 with data that would enhance biological situa11 tional awareness or overall performance of the 

12 NBIC; 

13 ‘‘(B) review and seek to improve on an on14 going basis the statistical and other analytical 

15 methods used by the NBIC; 

16 ‘‘(C) establish a procedure to enable Fed17 eral, State and local government, and private 

18 sector entities to report suspicious events that 

19 could warrant further assessments by the 

20 NBIC; 

21 ‘‘(D) receive and consider all relevant 

22 homeland security information; and 

23 ‘‘(E) provide technical assistance, as ap24 propriate, to all Federal, State, and local gov25 ernment entities and private sector entities that 


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1 contribute data relevant to the operation of the 

2 NBIC. 

3 ‘‘(2) ASSESSMENTS.—The Director shall— 

4 ‘‘(A) continuously evaluate available data 

5 for evidence of a biological event; and 

6 ‘‘(B) integrate homeland security informa7 tion with NBIC data to provide overall biologi8 cal situational awareness and determine wheth9 er a biological event has occurred. 

10 ‘‘(3) INFORMATION SHARING.—The Director 

11 shall— 

12 ‘‘(A) establish a mechanism for real-time 

13 communication with the National Operations 

14 Center; 

15 ‘‘(B) provide integrated information to the 

16 heads of the departments and agencies with 

17 which the Director has entered into an agree18 ment under subsection (d); 

19 ‘‘(C) notify the Secretary, the head of the 

20 National Operations Center, and the heads of 

21 appropriate Federal, State, tribal, and local en22 tities of any significant biological event identi23 fied by the NBIC; 

24 ‘‘(D) provide reports on NBIC assessments 

25 to Federal, State, and local government entities, 


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1 including departments and agencies with which 

2 the Director has entered into an agreement 

3 under subsection (d), and any private sector en4 tities, as considered appropriate by the Direc5 tor; and 

6 ‘‘(E) use information sharing networks 

7 available to the Department for distributing 

8 NBIC incident or situational awareness reports. 

9 ‘‘(d) INTERAGENCY AGREEMENTS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall seek to 

11 enter into agreements with the heads of appropriate 

12 Federal departments and agencies, including the De13 partment of Health and Human Services, Depart14 ment of Defense, the Department of Agriculture, the 

15 Department of State, the Department of Interior, 

16 and the Intelligence Community. 

17 ‘‘(2) CONTENT OF AGREEMENTS.—Under an 

18 agreement entered into under paragraph (1), the 

19 head of a Federal department or agency shall agree 

20 to— 

21 ‘‘(A) use the best efforts of the department 

22 or agency to integrate biosurveillance informa23 tion capabilities through NBIC; 

24 ‘‘(B) provide timely, evaluated information 

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1 uational awareness for timely and accurate de2 tection and response purposes; 

3 ‘‘(C) provide connectivity for the bio4 surveillance data systems of the department or 

5 agency to the NBIC network under mutually 

6 agreed protocols; 

7 ‘‘(D) detail, if practicable, to the NBIC de8 partment or agency personnel with relevant ex9 pertise in human, animal, plant, food, or envi10 ronmental disease analysis and interpretation; 

11 ‘‘(E) retain responsibility for the surveil12 lance and intelligence systems of that depart13 ment or agency, if applicable; and 

14 ‘‘(F) participate in forming the strategy 

15 and policy for the operation and information 

16 sharing practices of the NBIC. 

17 ‘‘(e) NOTIFICATION OF DIRECTOR.—The Secretary 

18 shall ensure that the Director is notified of homeland secu19 rity information relating to any significant biological 

20 threat and receives all classified and unclassified reports 

21 related to such a threat in a timely manner. 

22 ‘‘(f) ADMINISTRATIVE AUTHORITIES.— 

23 ‘‘(1) PRIVACY.—The Secretary shall— 

24 ‘‘(A) designate the NBIC as a public 

25 health authority; 


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1 ‘‘(B) ensure that the NBIC complies with 

2 any applicable requirements of the Health In3 surance Portability and Accountability Act of 

4 1996; and 

5 ‘‘(C) ensure that all applicable privacy reg6 ulations are strictly adhered to in the operation 

7 of the NBIC and the sharing of any informa8 tion related to the NBIC. 

9 ‘‘(2) COLLECTION OF INFORMATION.—The 

10 NBIC, as a public health authority with a public 

11 health mission, is authorized to collect or receive 

12 health information, including such information pro13 tected under the Health Insurance Portability and 

14 Accountability Act of 1996, for the purpose of pre15 venting or controlling disease, injury, or disability. 

16 ‘‘(g) NBIC INTERAGENCY WORKING GROUP.—The 

17 Director shall— 

18 ‘‘(1) establish an interagency working group to 

19 facilitate interagency cooperation to advise the Di20 rector on recommendations to enhance the bio21 surveillance capabilities of the Department; and 

22 ‘‘(2) invite officials of Federal agencies that 

23 conduct biosurveillance programs, including officials 

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1 retary has entered into an agreement under sub2 section (d), to participate in the working group. 

3 ‘‘(h) ANNUAL REPORT REQUIRED.—Not later than 

4 December 31 of each year, the Secretary shall submit to 

5 Congress a report that contains each of the following: 

6 ‘‘(1) A list of departments, agencies, and pri7 vate or nonprofit entities participating in the NBIC 

8 and a description of the data that each entity has 

9 contributed to the NBIC during the preceding fiscal 

10 year. 

11 ‘‘(2) The schedule for obtaining access to any 

12 relevant biosurveillance information not received by 

13 the NBIC as of the date on which the report is sub14 mitted. 

15 ‘‘(3) A list of Federal, State, and local govern16 ment entities and private sector entities that have 

17 direct or indirect access to the information that is 

18 integrated by the NBIC. 

19 ‘‘(4) For any year before the NBIC is fully im20 plemented or any year in which any major structural 

21 or institutional change is made to the NBIC, an im22 plementation plan for the NBIC that includes cost, 

23 schedule, key milestones, and the status of such 

24 milestones. 


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1 ‘‘(i) RELATIONSHIP TO OTHER DEPARTMENTS AND

2 AGENCIES.—The authority of the Secretary under this 

3 section shall not affect an authority or responsibility of 

4 any other Federal department or agency with respect to 

5 biosurveillance activities under any program administered 

6 by that department or agency. 

7 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 such sums as may be necessary for each fiscal year. 

10 ‘‘(k) BIOLOGICAL EVENT.—For purposes of this sec11 tion, the term ‘biological event’ means— 

12 ‘‘(1) an act of terrorism involving biological 

13 agents or toxins of known or unknown origin; or 

14 ‘‘(2) a naturally occurring outbreak of an infec15 tious disease that may be of potential national sig16 nificance.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is amended by inserting after 

19 the items relating to such title the following: 

‘‘Sec. 316. National Biosurveillance Integration Center.’’. 

20 (c) DEADLINE FOR IMPLEMENTATION.—The Na21 tional Biosurveillance Integration Center required under 

22 section 316 of the Homeland Security Act of 2002, as 

23 added by subsection (a), shall be fully operational by not 

24 later than September 30, 2008. 


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1 SEC. 605. RISK ANALYSIS PROCESS AND INTEGRATED CBRN 

2 RISK ASSESSMENT. 

3 (a) IN GENERAL.—Title III of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

5 adding at the end the following: 

6 ‘‘SEC. 316. RISK ANALYSIS PROCESS AND INTEGRATED 

7 CBRN RISK ASSESSMENT. 

8 ‘‘(a) RISK ANALYSIS PROCESS.—The Secretary shall 

9 develop a risk analysis process that utilizes a scientific, 

10 quantitative methodology to assess and manage risks 

11 posed by chemical, biological, radiological, and nuclear 

12 (CBRN) agents. 

13 ‘‘(b) INTEGRATED CBRN RISK ASSESSMENT.—The 

14 Secretary shall use the process developed under subsection 

15 (a) to conduct a risk assessment that shall support the 

16 integration of chemical, biological, radiological, and nu17 clear agents. 

18 ‘‘(c) PURPOSE.—The purpose of the risk analysis 

19 process developed under subsection (a) and the integrated 

20 risk assessment conducted under subsection (b) shall be 

21 to identify high risk agents, determine how best to miti22 gate those risks, and guide resource allocation. Such risk 

23 analysis shall— 

24 ‘‘(1) facilitate satisfaction of the requirements 

25 of section 602; 


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1 ‘‘(2) guide research, development, acquisition, 

2 and deployment of applicable countermeasures, in3 cluding detection systems; 

4 ‘‘(3) identify key knowledge gaps or 

5 vulnerabilities in the CBRN defense posture of the 

6 Department; 

7 ‘‘(4) enable rebalancing and refining of invest8 ments within individual classes of threat agents as 

9 well as across such classes; and 

10 ‘‘(5) support end-to-end assessments of the 

11 overall CBRN defense policy of the Department, 

12 taking into account the full spectrum of counter13 measures available, including prevention, prepared14 ness, planning, response and recovery activities, to 

15 better steer investments to strategies with the great16 est potential for mitigating identified risks. 

17 ‘‘(d) RISK INFORMATION.— 

18 ‘‘(1) CLASSES OF THREAT AGENTS.—In devel19 oping the risk analysis process under subsection (a) 

20 and conducting the risk assessment under subsection 

21 (b), the Secretary shall consider risks posed by the 

22 following classes of threats: 

23 ‘‘(A) Chemical threats, including— 

24 ‘‘(i) toxic industrial materials and 

25 chemicals; 


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1 ‘‘(ii) traditional chemical warfare 

2 agents; and 

3 ‘‘(iii) non-traditional agents, which 

4 are defined as novel chemical threat agents 

5 or toxicants requiring adapted counter6 measures. 

7 ‘‘(B) Biological threats, including— 

8 ‘‘(i) traditional agents listed by the 

9 Centers of Disease Control and Prevention 

10 as Category A, B, and C pathogens and 

11 toxins; 

12 ‘‘(ii) enhanced agents, which are de13 fined as traditional agents that have been 

14 modified or selected to enhance their abil15 ity to harm human populations or cir16 cumvent current countermeasures; 

17 ‘‘(iii) emerging agents, which are de18 fined as previously unrecognized pathogens 

19 that may be naturally occurring and 

20 present a serious risk to human popu21 lations; and 

22 ‘‘(iv) advanced or engineered agents, 

23 which are defined as novel pathogens or 

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1 oratory to bypass traditional counter2 measures or produce a more severe or oth3 erwise enhanced spectrum of disease. 

4 ‘‘(C) Nuclear and radiological threats, in5 cluding fissile and other radiological material 

6 that could be incorporated into an improvised 

7 nuclear device or a radiological dispersal device 

8 or released into a wide geographic area by dam9 age to a nuclear reactor. 

10 ‘‘(D) Threats to the agriculture sector and 

11 food and water supplies. 

12 ‘‘(E) Other threat agents the Secretary de13 termines appropriate. 

14 ‘‘(2) SOURCES.—The risk analysis process de15 veloped under subsection (a) shall be informed by 

16 findings of the intelligence and law enforcement 

17 communities and integrated with expert input from 

18 the scientific, medical, and public health commu19 nities, including from relevant components of the 

20 Department and other Federal agencies. 

21 ‘‘(3) DATA QUALITY, SPECIFICITY, AND CON22 FIDENCE.—In developing the risk analysis process 

23 under subsection (a), the Secretary shall consider 

24 the degree of uncertainty and variability in the avail25 able scientific information and other information 


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1 about the classes of threat agents under paragraph 

2 (1). An external review shall be conducted to assess 

3 the ability of the risk analysis process developed by 

4 the Secretary to address areas of large degrees of 

5 uncertainty. 

6 ‘‘(4) NEW INFORMATION.—The Secretary shall 

7 frequently and systematically update the risk assess8 ment conducted under subsection (b), as needed, to 

9 incorporate emerging intelligence information or 

10 technological changes in order to keep pace with 

11 evolving threats and rapid scientific advances. 

12 ‘‘(e) METHODOLOGY.—The risk analysis process de13 veloped by the Secretary under subsection (a) shall— 

14 ‘‘(1) consider, as variables— 

15 ‘‘(A) threat, or the likelihood that a type 

16 of attack that might be attempted; 

17 ‘‘(B) vulnerability, or the likelihood that an 

18 attacker would succeed; and 

19 ‘‘(C) consequence, or the likely impact of 

20 an attack; 

21 ‘‘(2) evaluate the consequence component of 

22 risk as it relates to mortality, morbidity, and eco23 nomic effects; 

24 ‘‘(3) allow for changes in assumptions to evalu25 ate a full range of factors, including technological, 


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1 economic, and social trends, which may alter the fu2 ture security environment; 

3 ‘‘(4) contain a well-designed sensitivity analysis 

4 to address high degrees of uncertainty associated 

5 with the risk analyses of certain CBRN agents; 

6 ‘‘(5) utilize red teaming analysis to identify 

7 vulnerabilities an adversary may discover and exploit 

8 in technology, training, and operational procedures 

9 and to identify open-source information that could 

10 be used by those attempting to defeat the counter11 measures; and 

12 ‘‘(6) incorporate an interactive interface that 

13 makes results and limitations transparent and useful 

14 to decision makers for identifying appropriate risk 

15 management activities. 

16 ‘‘(f) COORDINATION.—The Secretary shall ensure 

17 that all risk analysis activities with respect to radiological 

18 or nuclear materials shall be conducted in coordination 

19 with the Domestic Nuclear Detection Office. 

20 ‘‘(g) TIMEFRAME; REPORTS TO CONGRESS.— 

21 ‘‘(1) INITIAL REPORT.—By not later than June 

22 2008, the Secretary shall complete the first formal, 

23 integrated, CBRN risk assessment required under 

24 subsection (b) and shall submit to Congress a report 

25 summarizing the findings of such assessment and 


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1 identifying improvements that could be made to en2 hance the transparency and usability of the risk 

3 analysis process developed under subsection (a). 

4 ‘‘(2) UPDATES TO REPORT.—The Secretary 

5 shall submit to Congress updates to the findings and 

6 report in paragraph (1), when appropriate, but by 

7 not later than two years after the date on which the 

8 initial report is submitted. Such updates shall reflect 

9 improvements in the risk analysis process developed 

10 under subsection (a).’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) of such Act is amended by inserting after 

13 the items relating to title III the following: 

‘‘Sec. 316. Risk analysis process and integrated CBRN risk assessment.’’. 

14 TITLE VII—HOMELAND SECU15 RITY CYBERSECURITY IM16 PROVEMENTS 

17 SEC. 701. CYBERSECURITY AND TELECOMMUNICATIONS. 

18 (a) IN GENERAL.—Subtitle C of title II of the Home19 land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend20 ed by adding at the end the following new section: 

21 ‘‘SEC. 226. OFFICE OF CYBERSECURITY AND TELE22 COMMUNICATIONS. 

23 ‘‘(a) IN GENERAL.—There shall be within the De24 partment of Homeland Security an Office of Cybersecurity 

25 and Telecommunications, which shall be headed by the AsVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 sistant Secretary for Cybersecurity and Telecommuni2 cations. 

3 ‘‘(b) DUTY OF THE ASSISTANT SECRETARY.—The 

4 Assistant Secretary shall assist the Secretary in carrying 

5 out the responsibilities of the Department regarding 

6 cybersecurity and telecommunications. 

7 ‘‘(c) RESPONSIBILITIES.—The Assistant Secretary 

8 shall be responsible for overseeing preparation, situational 

9 awareness, response, reconstitution, and mitigation nec10 essary for cyber security and to protect telecommuni11 cations from acts of terrorism and other large scale dis12 ruptions, and shall conduct the following activities to exe13 cute those responsibilities: 

14 ‘‘(1) PREPARATION AND SITUATIONAL AWARE15 NESS.— 

16 ‘‘(A) Establish and maintain a capability 

17 within the Department to monitor critical infor18 mation infrastructure to aid in detection of 

19 vulnerabilities and warning of potential acts of 

20 terrorism and other attacks. 

21 ‘‘(B) Conduct risk assessments on critical 

22 information infrastructure with respect to acts 

23 of terrorism and other large-scale disruptions, 

24 identify and prioritize vulnerabilities in critical 


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1 information infrastructure, and coordinate the 

2 mitigation of such vulnerabilities. 

3 ‘‘(C) Develop a plan for the continuation 

4 of critical information operations in the event of 

5 a cyber attack or other large-scale disruption of 

6 the information infrastructure of the United 

7 States. 

8 ‘‘(D) Oversee an emergency communica9 tions system in the event of an act of terrorism 

10 or other large-scale disruption of the informa11 tion infrastructure of the United States. 

12 ‘‘(2) RESPONSE AND RECONSTITUTION.— 

13 ‘‘(A) Define what qualifies as a cyber inci14 dent of national significance for purposes of the 

15 National Response Plan. 

16 ‘‘(B) Ensure that the Department’s prior17 ities, procedures, and resources are in place to 

18 reconstitute critical information infrastructures 

19 in the event of an act of terrorism or other 

20 large-scale disruption. 

21 ‘‘(3) MITIGATION.— 

22 ‘‘(A) Develop a national cybersecurity 

23 awareness, training, and education program 

24 that promotes cybersecurity awareness within 


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1 the Federal Government and throughout the 

2 Nation. 

3 ‘‘(B) Consult and coordinate with the 

4 Under Secretary for Science and Technology on 

5 cybersecurity research and development to 

6 strengthen critical information infrastructure 

7 against acts of terrorism and other large-scale 

8 disruptions. 

9 ‘‘(d) DEFINITION.—In this section the term ‘critical 

10 information infrastructure’ means systems and assets, 

11 whether physical or virtual, used in processing, transfer12 ring, and storing information so vital to the United States 

13 that the incapacity or destruction of such systems and as14 sets would have a debilitating impact on security, national 

15 economic security, national public health or safety, or any 

16 combination of those matters.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is amended by inserting at the 

19 end of the items relating to subtitle C of title II the fol20 lowing: 

‘‘Sec. 226. Office of Cybersecurity and Telecommunications.’’. 

21 SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

22 (a) IN GENERAL.—The Under Secretary for Science 

23 and Technology shall support research, development, test24 ing, evaluation, and transition of cybersecurity technology 

25 including fundamental, long-term research in 


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1 cybersecurity, to improve the ability of the United States 

2 to prevent, protect against, detect, respond to, and recover 

3 from cyber attacks, with emphasis on research and devel4 opment relevant to large-scale, high-impact attacks. 

5 (b) ACTIVITIES.—The research and development sup6 ported under subsection (a) shall include work to— 

7 (1) advance the development and accelerate the 

8 deployment of more secure versions of fundamental 

9 Internet protocols and architectures, including for 

10 the domain name system and routing protocols; 

11 (2) improve and create technologies for detect12 ing attacks or intrusions, including monitoring tech13 nologies; 

14 (3) improve and create mitigation and recovery 

15 methodologies, including techniques for containment 

16 of attacks and development of resilient networks and 

17 systems that degrade gracefully; 

18 (4) develop and support infrastructure and tools 

19 to support cybersecurity research and development 

20 efforts, including modeling, testbeds, and data sets 

21 for assessment of new cybersecurity technologies; 

22 (5) assist the development and support of tech23 nologies to reduce vulnerabilities in process control 

24 systems (PCS); and 


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1 (6) test, evaluate, and facilitate the transfer of 

2 technologies associated with the engineering of less 

3 vulnerable software and securing the IT software de4 velopment lifecycle. 

5 (c) COORDINATION.—In carrying out this section, the 

6 Under Secretary for Science and Technology shall coordi7 nate activities with— 

8 (1) the Assistant Secretary for Cybersecurity 

9 and Telecommunications; and 

10 (2) other Federal agencies, including the Na11 tional Science Foundation, the Defense Advanced 

12 Research Projects Agency, the Information Assur13 ance Directorate of the National Security Agency, 

14 the National Institute of Standards and Technology, 

15 and other appropriate working groups established by 

16 the President to identify unmet needs and coopera17 tively support activities, as appropriate. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

19 amount authorized by section 101, there are authorized 

20 to be appropriated for the Department of Homeland Secu21 rity for fiscal year 2008, $50,000,000, for the 

22 cybersecurity research and development activities of the 

23 Directorate for Science and Technology to prevent, detect, 

24 and respond to acts of terrorism and other large-scale dis25 ruptions to information infrastructure. 


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1 TITLE VIII—SCIENCE AND 

2 TECHNOLOGY IMPROVEMENTS 

3 SEC. 801. REPORT TO CONGRESS ON STRATEGIC PLAN. 

4 Not later than 120 days after the date of enactment 

5 of this Act, the Under Secretary for Science and Tech6 nology shall transmit to Congress the strategic plan de7 scribed in section 302(2) of the Homeland Security Act 

8 of 2002 (6 U.S.C. 182(2)). In addition to the require9 ments described in that section 302(2), the strategic plan 

10 transmitted under this section shall include— 

11 (1) a strategy to enhance the Directorate for 

12 Science and Technology workforce, including edu13 cation and training programs, improving morale, 

14 minimizing turnover, strengthening workforce re15 cruitment, and securing institutional memory; 

16 (2) the Department policy describing the proce17 dures by which the Directorate for Science and 

18 Technology hires and administers assignments to in19 dividuals assigned to the Department as detailees 

20 under an arrangement described in subchapter VI of 

21 chapter 33 of title 5, United States Code; 

22 (3) the Department policy governing the re23 sponsibilities of the Under Secretary for Science and 

24 Technology, the Assistant Secretary for Policy, and 

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1 ational components of the Department regarding re2 search, development, testing, evaluation, and pro3 curement of homeland security technologies; 

4 (4) a description of the methodology by which 

5 research, development, testing, and evaluation is 

6 prioritized and funded by the Directorate for Science 

7 and Technology; 

8 (5) a description of the performance measure9 ments to be used or a plan to develop performance 

10 measurements that can be used to annually evaluate 

11 the Directorate for Science and Technology’s activi12 ties, mission performance, and stewardship of re13 sources; 

14 (6) a plan for domestic and international co15 ordination of all related programs and activities 

16 within the Department and throughout Federal 

17 agencies, State, local, and tribal governments, the 

18 emergency responder community, industry, and aca19 demia; 

20 (7) a plan for leveraging the expertise of the 

21 National Laboratories and the process for allocating 

22 funding to the National Laboratories; and 

23 (8) a strategy for the Homeland Security Ad24 vanced Research Projects Agency that includes— 

25 (A) a mission statement; 


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1 (B) a description of the Department’s high 

2 risk and high payoff research, development, 

3 test, and evaluation strategy; and 

4 (C) internal policies designed to encourage 

5 innovative solutions. 

6 SEC. 802. CENTERS OF EXCELLENCE PROGRAM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

8 amount authorized by section 101, there is authorized to 

9 be appropriated to the Secretary of Homeland Security for 

10 carrying out the Centers of Excellence Program 

11 $31,000,000 for fiscal year 2008 such that each center 

12 that received funding in fiscal year 2007 shall receive, at 

13 a minimum, the same amount it received in fiscal year 

14 2007. 

15 (b) MINORITY SERVING INSTITUTIONS PROGRAM.— 

16 Of the amount authorized by section 101, there is author17 ized to be appropriated to the Secretary of Homeland Se18 curity for carrying out the Minority Serving Institutions 

19 Program $8,000,000 for fiscal year 2008. 

20 (c) CENTERS OF EXCELLENCE PROGRAM PARTICIPA21 TION.— 

22 (1) REQUIREMENT.—If, by the date of the en23 actment of this Act, the Secretary of Homeland Se24 curity has not selected a Minority Serving Institu25 tion to participate as a Center of Excellence under 


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1 the Department of Homeland Security Centers of 

2 Excellence Program, at least one of the next four 

3 Centers of Excellence selected after the date of en4 actment of this Act shall be an otherwise eligible ap5 plicant that is a Minority Serving Institution. 

6 (2) MINORITY SERVING INSTITUTION DE7 FINED.—In this subsection the term ‘‘Minority Serv8 ing Institution’’ means— 

9 (A) an historically black college or univer10 sity that receives assistance under part B of 

11 title III of the Higher Education Act of 1965 

12 (20 U.S.C. 106 et seq); 

13 (B) an hispanic-serving institution (as that 

14 term is defined in section 502 of the Higher 

15 Education Act of 1965 (20 U.S.C. 1101a); or 

16 (C) a tribally controlled college or univer17 sity (as that term is defined in section 2 of the 

18 Tribally Controlled College or University Assist19 ance Act of 1978 (25 U.S.C. 1801). 

20 SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNI21 VERSITY PROGRAMS. 

22 (a) STUDY.—Not later than 3 months after the date 

23 of enactment of this Act, the Under Secretary for Science 

24 and Technology of the Department of Homeland Security 

25 shall seek to enter into an arrangement with the National 


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1 Research Council of the National Academy of Sciences to 

2 conduct a study to assess the University Programs of the 

3 Department, with an emphasis on the Centers of Excel4 lence Program and the future plans for these programs, 

5 and make recommendations for appropriate improve6 ments. 

7 (b) SUBJECTS.—The study shall include— 

8 (1) a review of key areas of study needed to 

9 support the homeland security mission, and criteria 

10 that should be utilized to determine those key areas 

11 for which the Department should maintain or estab12 lish Centers of Excellence; 

13 (2) a review of selection criteria and weighting 

14 of such criteria for Centers of Excellence; 

15 (3) an examination of the optimal role of Cen16 ters of Excellence in supporting the mission of the 

17 Directorate of Science and Technology and the most 

18 advantageous relationship between the Centers of 

19 Excellence and the Directorate and the Department 

20 components the Directorate serves; 

21 (4) an examination of the length of time the 

22 Centers of Excellence should be awarded funding 

23 and the frequency of the review cycle in order to 

24 maintain such funding, particularly given their focus 

25 on basic, long term research; 


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1 (5) identification of the most appropriate review 

2 criteria and metrics to measure demonstrable 

3 progress, and mechanisms for delivering and dis4 seminating the research results of established Cen5 ters of Excellence within the Department, and to 

6 other Federal, State, and local agencies; 

7 (6) an examination of the means by which aca8 demic institutions that are not designated or associ9 ated with Centers of Excellence can optimally con10 tribute to the research mission of the Directorate; 

11 (7) an assessment of the interrelationship be12 tween the different University Programs; and 

13 (8) a review of any other essential elements of 

14 the University Programs to be determined in the 

15 conduct of the study. 

16 (c) REPORT.—The Under Secretary for Science and 

17 Technology shall transmit a report containing the results 

18 of the study and recommendations required by subsection 

19 (a) and the Under Secretary’s response to the rec20 ommendations, to the appropriate Congressional commit21 tees not later than 24 months after the date of enactment 

22 of this Act 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

24 amount authorized in section 101, there is authorized to 

25 be appropriated to carry out this section $500,000. 


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1 SEC. 804. STREAMLINING OF SAFETY ACT AND 

2 ANTITERRORISM TECHNOLOGY PROCURE3 MENT PROCESSES. 

4 (a) PERSONNEL.—The Secretary of Homeland Secu5 rity shall ensure that, in addition to any personnel en6 gaged in technical evaluations that may be appropriate, 

7 a sufficient number of full-time equivalent personnel, who 

8 are properly trained and qualified to apply legal, economic, 

9 and risk analyses, are involved in the review and 

10 prioritization of antiterrorism technologies for the purpose 

11 of determining whether such technologies may be des12 ignated by the Secretary as qualified antiterrorism tech13 nologies under section 862(b) of the SAFETY Act (6 

14 U.S.C. 441(b)) or certified by the Secretary under section 

15 863(d) of such Act (6 U.S.C. 442(d)). 

16 (b) COORDINATION WITHIN DEPARTMENT OF HOME17 LAND SECURITY.—The Secretary of Homeland Security 

18 shall— 

19 (1) establish a formal coordination process that 

20 includes the official of the Department of Homeland 

21 Security with primary responsibility for the imple22 mentation of the SAFETY Act, the Chief Procure23 ment Officer of the Department, the Under Sec24 retary for Science and Technology, the Under Sec25 retary for Policy, and the Department of Homeland 

26 Security General Counsel to ensure the maximum 


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1 application of the litigation and risk management 

2 provisions of the SAFETY Act to antiterrorism 

3 technologies procured by the Department; and 

4 (2) promote awareness and utilization of the 

5 litigation and risk management provisions of the 

6 SAFETY Act in the procurement of antiterrorism 

7 technologies. 

8 (c) ISSUANCE OF DEPARTMENTAL DIRECTIVE.—The 

9 Secretary of Homeland Security shall, in accordance with 

10 the final rule implementing the SAFETY Act, issue a De11 partmental management directive providing for coordina12 tion between Department procurement officials and any 

13 other Department official responsible for implementing 

14 the SAFETY Act in advance of any Department procure15 ment of an antiterrorism technology, as required under 

16 subsection (b). 

17 SEC. 805. PROMOTING ANTITERRORISM THROUGH INTER18 NATIONAL COOPERATION ACT. 

19 (a) IN GENERAL.—The Homeland Security Act of 

20 2002 is amended by inserting after section 313 (6 U.S.C. 

21 193) the following: 

22 ‘‘SEC. 314. PROMOTING ANTITERRORISM THROUGH INTER23 NATIONAL COOPERATION PROGRAM. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

2 the Director selected under subsection (b)(2). 

3 ‘‘(2) INTERNATIONAL COOPERATIVE ACTIV4 ITY.—The term ‘international cooperative activity’ 

5 includes— 

6 ‘‘(A) coordinated research projects, joint 

7 research projects, or joint ventures; 

8 ‘‘(B) joint studies or technical demonstra9 tions; 

10 ‘‘(C) coordinated field exercises, scientific 

11 seminars, conferences, symposia, and work12 shops; 

13 ‘‘(D) training of scientists and engineers; 

14 ‘‘(E) visits and exchanges of scientists, en15 gineers, or other appropriate personnel; 

16 ‘‘(F) exchanges or sharing of scientific and 

17 technological information; and 

18 ‘‘(G) joint use of laboratory facilities and 

19 equipment. 

20 ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU21 RITY INTERNATIONAL COOPERATIVE PROGRAMS OF22 FICE.— 

23 ‘‘(1) ESTABLISHMENT.—The Under Secretary 

24 shall establish the Science and Technology HomeVerDate Aug 31 2005 02:51 Mar 27, 2007 Jkt 059200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.IH H1684

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1 land Security International Cooperative Programs 

2 Office. 

3 ‘‘(2) DIRECTOR.—The Office shall be headed by 

4 a Director, who— 

5 ‘‘(A) shall be selected by and shall report 

6 to the Under Secretary; and 

7 ‘‘(B) may be an officer of the Department 

8 serving in another position. 

9 ‘‘(3) RESPONSIBILITIES.— 

10 ‘‘(A) DEVELOPMENT OF MECHANISMS.— 

11 The Director shall be responsible for devel12 oping, in consultation with the Department of 

13 State, understandings or agreements that allow 

14 and support international cooperative activity in 

15 support of homeland security research, develop16 ment, and comparative testing. 

17 ‘‘(B) PRIORITIES.—The Director shall be 

18 responsible for developing, in coordination with 

19 the Directorate of Science and Technology, the 

20 other components of the Department of Home21 land Security, and other Federal agencies, stra22 tegic priorities for international cooperative ac23 tivity in support of homeland security research, 

24 development, and comparative testing. 


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1 ‘‘(C) ACTIVITIES.—The Director shall fa2 cilitate the planning, development, and imple3 mentation of international cooperative activity 

4 to address the strategic priorities developed 

5 under subparagraph (B) through mechanisms 

6 the Under Secretary considers appropriate, in7 cluding grants, cooperative agreements, or con8 tracts to or with foreign public or private enti9 ties, governmental organizations, businesses, 

10 federally funded research and development cen11 ters, and universities. 

12 ‘‘(D) IDENTIFICATION OF PARTNERS.— 

13 The Director shall facilitate the matching of 

14 United States entities engaged in homeland se15 curity research with non-United States entities 

16 engaged in homeland security research so that 

17 they may partner in homeland security research 

18 activities. 

19 ‘‘(4) COORDINATION.—The Director shall en20 sure that the activities under this subsection are co21 ordinated with those of other relevant research agen22 cies, and may run projects jointly with other agen23 cies. 

24 ‘‘(5) CONFERENCES AND WORKSHOPS.—The 

25 Director may hold international homeland security 


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1 technology workshops and conferences to improve 

2 contact among the international community of tech3 nology developers and to help establish direction for 

4 future technology goals. 

5 ‘‘(c) INTERNATIONAL COOPERATIVE ACTIVITIES.— 

6 ‘‘(1) AUTHORIZATION.—The Under Secretary is 

7 authorized to carry out international cooperative ac8 tivities to support the responsibilities specified under 

9 section 302. 

10 ‘‘(2) MECHANISMS AND EQUITABILITY.—In car11 rying out this section, the Under Secretary may 

12 award grants to and enter into cooperative agree13 ments or contracts with United States governmental 

14 organizations, businesses (including small businesses 

15 and small and disadvantaged businesses), federally 

16 funded research and development centers, institu17 tions of higher education, and foreign public or pri18 vate entities. The Under Secretary shall ensure that 

19 funding and resources expended in international co20 operative activities will be equitably matched by the 

21 foreign partner organization through direct funding 

22 or funding of complementary activities, or through 

23 provision of staff, facilities, materials, or equipment. 

24 ‘‘(3) LOANS OF EQUIPMENT.—The Under Sec25 retary may make or accept loans of equipment for 


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1 research and development and comparative testing 

2 purposes. 

3 ‘‘(4) COOPERATION.—The Under Secretary is 

4 authorized to conduct international cooperative ac5 tivities jointly with other agencies. 

6 ‘‘(5) FOREIGN PARTNERS.—Partners may in7 clude Israel, the United Kingdom, Canada, Aus8 tralia, Singapore, and other allies in the global war 

9 on terrorism, as appropriate. 

10 ‘‘(6) EXOTIC DISEASES.—As part of the inter11 national cooperative activities authorized in this sec12 tion, the Under Secretary, in coordination with the 

13 Chief Medical Officer, may facilitate the develop14 ment of information sharing and other types of co15 operative mechanisms with foreign countries, includ16 ing nations in Africa, to strengthen American pre17 paredness against threats to the Nation’s agricul18 tural and public health sectors from exotic diseases. 

19 ‘‘(d) BUDGET ALLOCATION.—There are authorized 

20 to be appropriated to the Secretary, to be derived from 

21 amounts otherwise authorized for the Directorate of 

22 Science and Technology, $25,000,000 for each of the fis23 cal years 2008 through 2011 for activities under this sec24 tion. 


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1 ‘‘(e) FOREIGN REIMBURSEMENTS.—Whenever the 

2 Science and Technology Homeland Security International 

3 Cooperative Programs Office participates in an inter4 national cooperative activity with a foreign country on a 

5 cost-sharing basis, any reimbursements or contributions 

6 received from that foreign country to meet its share of 

7 the project may be credited to appropriate current appro8 priations accounts of the Directorate of Science and Tech9 nology. 

10 ‘‘(f) REPORT TO CONGRESS ON INTERNATIONAL CO11 OPERATIVE ACTIVITIES.— 

12 ‘‘(1) INITIAL REPORT.—Not later than 180 

13 days after the date of enactment of this section, the 

14 Under Secretary, acting through the Director, shall 

15 transmit to the Congress a report containing— 

16 ‘‘(A) a brief description of each partner17 ship formed under subsection (b)(4), including 

18 the participants, goals, and amount and sources 

19 of funding; and 

20 ‘‘(B) a list of international cooperative ac21 tivities underway, including the participants, 

22 goals, expected duration, and amount and 

23 sources of funding, including resources provided 

24 to support the activities in lieu of direct fund25 ing. 


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1 ‘‘(2) UPDATES.—At the end of the fiscal year 

2 that occurs 5 years after the transmittal of the re3 port under subsection (a), and every 5 years there4 after, the Under Secretary, acting through the Di5 rector, shall transmit to the Congress an update of 

6 the report required under subsection (a).’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Homeland Security Act of 2002 is amended by 

9 adding after the item relating to section 313 the following 

10 new item: 

‘‘Sec. 314. Promoting antiterrorism through international cooperation program.’’. 

11 TITLE IX—BORDER SECURITY 

12 IMPROVEMENTS 

13 SEC. 901. US–VISIT. 

14 (a) IN GENERAL.—Not later than 7 days after the 

15 date of the enactment of this Act, the Secretary of Home16 land Security shall submit to the Committee on Homeland 

17 Security of the House of Representatives and the Com18 mittee on Homeland Security and Governmental Affairs 

19 of the Senate, the comprehensive strategy required by sec20 tion 7208 of the Intelligence Reform and Terrorism Pre21 vention Act of 2004 for the biometric entry and exit data 

22 system (commonly referred to as the United States Visitor 

23 and Immigrant Status Indicator Technology program or 

24 US–VISIT) established under the section and other laws 


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1 described in subsection (b) of such section. The com2 prehensive strategy shall include an action plan for full 

3 implementation of the biometric exit component of US– 

4 VISIT, as required under subsection (c) of section 7208 

5 of such Act. 

6 (b) CONTENTS.—The comprehensive strategy and ac7 tion plan referred to in subsection (a) shall, at a minimum, 

8 include the following: 

9 (1) An explanation of how US–VISIT will allow 

10 law enforcement officials to identify individuals who 

11 overstay their visas. 

12 (2) A description of biometric pilot projects, in13 cluding the schedule for testing, locations, cost esti14 mates, resources needed, and performance measures. 

15 (3) An implementation schedule for deploying 

16 future biometric exit capabilities at all air, land, and 

17 sea ports of entry. 

18 (4) The actions the Secretary plans to take to 

19 accelerate the full implementation of the biometric 

20 exit component of US–VISIT at all air, land, and 

21 sea ports of entry. 

22 (c) AIRPORT AND SEAPORT EXIT IMPLEMENTA23 TION.—Not later than December 31, 2008, the Secretary 

24 of Homeland Security shall complete the exit portion of 

25 the biometric entry and exit data system referred to in 


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1 subsection (a) for aliens arriving in or departing from the 

2 United States at an airport or seaport. 

3 SEC. 902. SHADOW WOLVES PROGRAM. 

4 Of the about authorized by section 101, there is au5 thorized to be appropriated $4,100,000 for fiscal year 

6 2008 for the Shadow Wolves program. 

7 SEC. 903. COST-EFFECTIVE TRAINING FOR BORDER PA8 TROL AGENTS. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity shall take such steps as may be necessary to control 

11 the costs of hiring, training, and deploying new Border 

12 Patrol agents, including— 

13 (1) permitting individuals who are in training 

14 to become Border Patrol agents to waive certain 

15 course requirements of such training if such individ16 uals have earlier satisfied such requirements in a 

17 similar or comparable manner as determined by the 

18 Secretary; and 

19 (2) directing the Office of Inspector General to 

20 conduct a review of the costs and feasibility of train21 ing new Border Patrol agents at Federal training 

22 centers, including the Federal Law Enforcement 

23 Training Center facility in Charleston, South Caro24 lina, and the HAMMER facility in Hanford, Wash25 ington, and at training facilities operated by State 


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1 and local law enforcement academies, non-profit en2 tities, and private entities, including institutions in 

3 the southwest border region, as well as the use of all 

4 of the above to conduct portions of such training. 

5 (b) LIMITATION ON PER-AGENT COST OF TRAIN6 ING.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the Secretary shall take such steps as 

9 may be necessary to ensure that the fiscal year 2008 

10 per-agent cost of hiring, training, and deploying 

11 each new Border Patrol agent does not exceed 

12 $150,000. 

13 (2) EXCEPTION AND CERTIFICATION.— 

14 (A) IN GENERAL.—If the Secretary deter15 mines that the per-agent cost referred to in 

16 paragraph (1) exceeds $150,000, the Secretary 

17 shall promptly submit to the Committee on 

18 Homeland Security of the House of Representa19 tives and the Committee on Homeland Security 

20 and Governmental Affairs of the Senate a cer21 tification explaining why such per-agent cost ex22 ceeds such amount. 

23 (B) TEMPORARY SUSPENSION OF TRAIN24 ING.—Until the Secretary receives from the 

25 committees specified in subparagraph (A) an 


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1 approval with respect to such increased per2 agent cost, the Secretary shall suspend any new 

3 hiring, training, and deploying of Border Patrol 

4 agents. 

5 SEC. 904. COMPREHENSIVE STRATEGY FOR FULL IMPLE6 MENTATION OF US-VISIT. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity shall submit to the Committee on Homeland Security 

9 of the House of Representatives and the Committee on 

10 Homeland Security and Governmental Affairs of the Sen11 ate the comprehensive strategy required by subsection (c) 

12 of section 7208 of the Intelligence Reform and Terrorism 

13 Prevention Act of 2004 (Public Law 108–458) for the bio14 metric entry and exit data system (commonly referred to 

15 as the United States Visitor and Immigrant Status Indi16 cator Technology program or US–VISIT) required under 

17 such section and applicable sections of the Acts specified 

18 in subsection (b) of such section. The comprehensive strat19 egy shall include an action plan for full implementation 

20 of the biometric exit component of US–VISIT, as required 

21 under subsection (d) of such section. 

22 (b) CONTENTS.—The comprehensive strategy and ac23 tion plan referred to in subsection (a) of this section shall, 

24 at a minimum, include the following: 


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1 (1) An explanation of how US–VISIT will allow 

2 law enforcement officials to identify individuals who 

3 overstay their visas. 

4 (2) A description of biometric pilot projects, in5 cluding testing schedules, locations, cost estimates, 

6 resources needed, and performance measures. 

7 (3) An implementation schedule for deploying 

8 future biometric exit capabilities at all air, land, and 

9 sea ports of entry. 

10 (4) The actions the Secretary plans to take to 

11 accelerate the full implementation of the biometric 

12 exit component of US–VISIT at all air, land, and 

13 sea ports of entry. 

14 (c) AIRPORT AND SEAPORT EXIT IMPLEMENTA15 TION.—Not later than December 31, 2008, the Secretary 

16 shall complete the implementation of US–VISIT for aliens 

17 arriving in or departing from the United States at an air18 port or seaport. 

19 SEC. 905. ASSESSMENT OF RESOURCES NECESSARY TO RE20 DUCE CROSSING TIMES AT LAND PORTS OF 

21 ENTRY. 

22 The Secretary of Homeland Security shall, not later 

23 than 180 days after the date of the enactment of this Act, 

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1 quired to reduce border crossing wait times for pedestrian, 

2 commercial, and non-commercial vehicular traffic at land 

3 ports of entry into the United States to wait times com4 parable to prior to September 11, 2001, while ensuring 

5 appropriate security checks continue to be conducted. 

6 TITLE X—INFORMATION 

7 SHARING IMPROVEMENTS 

8 SEC. 1001. STATE AND LOCAL FUSION CENTER PROGRAM. 

9 (a) IN GENERAL.—Subtitle I of title VIII of the 

10 Homeland Security Act of 2002 (6 U.S.C. 481 et seq.) 

11 is amended by striking sections 895 through 899 and in12 serting the following: 

13 ‘‘SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM. 

14 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab15 lish within the Department a State and Local Fusion Cen16 ter Program. The program shall be overseen by the compo17 nent charged with overseeing information sharing of 

18 homeland security information with State, local and tribal 

19 law enforcement. The purpose of the State and Local Fu20 sion Center Program is to facilitate information sharing 

21 between the Department and local law enforcement. 

22 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to the Secretary such 

24 sums as are necessary for the Secretary to carry out the 


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1 purpose of the State and Local Fusion Center Program, 

2 including for— 

3 ‘‘(1) deploying Department personnel with intel4 ligence and operational skills to State and local fu5 sion centers participating in the Program; 

6 ‘‘(2) hiring and maintaining individuals with 

7 substantial law enforcement experience who have re8 tired from public service and deploying such individ9 uals to State and local fusion centers participating 

10 in the Program (with the consent of such centers); 

11 and 

12 ‘‘(3) maintaining an adequate number of staff 

13 at the headquarters of the Department to sustain 

14 and manage the portion of the Program carried out 

15 at the headquarters and to otherwise fill positions 

16 vacated by Department staff deployed to State and 

17 local fusion centers participating in the Program.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 in section 1(b) of such Act is amended by striking the 

20 items relating to sections 895 through 899 and inserting 

21 the following: 

‘‘Sec. 895. State and Local Fusion Center Program.’’. 

22 (c) PRIOR AMENDMENTS NOT AFFECTED.—This sec23 tion shall not be construed to affect the application of sec24 tions 895 through 899 of the Homeland Security Act of 

25 2002 (including provisions enacted by the amendments 


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1 made by those sections), as in effect before the effective 

2 date of this section. 

3 SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 

4 TRAINING PROGRAM. 

5 (a) IN GENERAL.—Subtitle A of title II of the Home6 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend7 ed by adding at the end the following new section: 

8 ‘‘SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 

9 TRAINING PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary, through the 

11 Assistant Secretary for Information Analysis, the Privacy 

12 Officer, and the Officer for Civil Rights and Civil Lib13 erties, shall establish a program within the Office of Civil 

14 Rights and Civil Liberties to provide privacy, civil liberties, 

15 and civil rights protection training for appropriate Depart16 ment employees and State, local, tribal employees serving 

17 in State and local fusion centers participating in the Pro18 gram. 

19 ‘‘(b) MANDATORY TRAINING.— 

20 ‘‘(1) DEPARTMENT EMPLOYEES.—The Sec21 retary shall require each employee of the Depart22 ment who is embedded at a State or local fusion cen23 ter and has access to United States citizens and 

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1 formation to successfully complete training under 

2 the program established under subsection (a). 

3 ‘‘(2) FUSION CENTER REPRESENTATIVES.—As 

4 a condition of receiving a grant from the Depart5 ment, a fusion center shall require each State, local, 

6 tribal, or private sector representative of the fusion 

7 center to successfully complete training under the 

8 program established under subsection (a). 

9 ‘‘(c) CONTENTS OF TRAINING.—Training provided 

10 under the program established under subsection (a) shall 

11 include Federal training in each of the following: 

12 ‘‘(1) Privacy, civil liberties, and civil rights poli13 cies, procedures, and protocols that can provide or 

14 control access to information at a State or local fu15 sion center. 

16 ‘‘(2) Privacy awareness training based on sec17 tion 552a of title 5, United States Code, popularly 

18 known as the Privacy Act of 1974. 

19 ‘‘(3) The handling of personally identifiable in20 formation in a responsible and appropriate manner. 

21 ‘‘(4) Appropriate procedures for the destruction 

22 of information that is no longer needed. 

23 ‘‘(5) The consequences of failing to provide ade24 quate privacy and civil liberties protections. 


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1 ‘‘(6) Compliance with Federal regulations set2 ting standards for multijurisdictional criminal intel3 ligence systems, including 28 CFR 23 (as in effect 

4 on the date of the enactment of this section). 

5 ‘‘(7) The use of immutable auditing mecha6 nisms designed to track access to information at a 

7 State or local fusion center. 

8 ‘‘(d) CERTIFICATION OF TRAINING.—The Secretary, 

9 acting through the head of the Office of Civil Rights and 

10 Civil Liberties, shall issue a certificate to each person who 

11 completes the training under this section and performs 

12 successfully in a written examination administered by the 

13 Office of Civil Rights and Civil Liberties. A copy of each 

14 such certificate issued to an individual working at a par15 ticipating fusion center shall be kept on file at that fusion 

16 center. 

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad18 dition to the amounts authorized by section 101, there are 

19 authorized to be appropriate to carry out this section— 

20 ‘‘(1) $3,000,000 for each of fiscal years 2008 

21 through 2013; and 

22 ‘‘(2) such sums as may be necessary for each 

23 subsequent fiscal year.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of such Act is amended by adding at the 

3 end of the items relating to such subtitle the following: 

‘‘Sec. 203. Fusion center privacy and civil liberties training program.’’. 

4 SEC. 1003. AUTHORITY TO APPOINT AND MAINTAIN A 

5 CADRE OF FEDERAL ANNUITANTS FOR THE 

6 FUSION CENTER PROGRAM. 

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

8 (1) the term ‘‘fusion center program’’ means 

9 the State and local fusion center program; 

10 (2) the term ‘‘annuitant’’ means an annuitant 

11 under a Government retirement system; 

12 (3) the term ‘‘Government retirement system’’ 

13 has the meaning given such term by section 501(a); 

14 and 

15 (4) the term ‘‘employee’’ has the meaning given 

16 such term by section 2105 of title 5, United States 

17 Code. 

18 (b) APPOINTMENT AUTHORITY.—The Secretary (act19 ing through the Chief Intelligence Officer) may, for the 

20 purpose of facilitating information sharing between the 

21 Department and State, local, and tribal law enforcement 

22 agencies in order to prevent, detect, and respond to ter23 rorism, appoint annuitants to positions in the fusion cen24 ter program in accordance with succeeding provisions of 

25 this section. 


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1 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

2 FROM OFFSET.—An appointment made under subsection 

3 (b) shall not be subject to the provisions of title 5, United 

4 States Code, governing appointments in the competitive 

5 service, and any annuitant serving pursuant to such an 

6 appointment shall be exempt from sections 8344 and 8468 

7 of such title 5 (relating to annuities and pay on reemploy8 ment) and any other similar provision of law under a Gov9 ernment retirement system. 

10 (d) LIMITATIONS.—No appointment under subsection 

11 (b) may be made if such appointment would result in the 

12 displacement of any employee or would cause the total 

13 number of positions filled by annuitants appointed under 

14 such subsection to exceed 50 as of any time (determined 

15 on a full-time equivalent basis). 

16 (e) RULE OF CONSTRUCTION.—An annuitant as to 

17 whom an exemption under subsection (c) is in effect shall 

18 not be considered an employee for purposes of any Govern19 ment retirement system. 

20 (f) TERMINATION.—Upon the expiration of the 5- 

21 year period beginning on the date of the enactment of this 

22 Act— 

23 (1) any authority to make appointments under 

24 subsection (b) shall cease to be available; and 


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1 (2) all exemptions under subsection (c) shall 

2 cease to be effective. 

3 TITLE XI—MISCELLANEOUS 

4 PROVISIONS 

5 SEC. 1101. ELIGIBLE USES FOR INTEROPERABILITY 

6 GRANTS. 

7 The Secretary of Homeland Security shall ensure 

8 that all funds administered by the Department of Home9 land Security to support the interoperable communications 

10 needs of State, local, and tribal agencies, including funds 

11 administered pursuant to a Memorandum of Under12 standing or other agreement, may be used to support the 

13 standards outlined in the SAFECOM interoperability con14 tinuum, including governance, standard of operating pro15 cedures, technology, training and exercises, and usage. 

16 SEC. 1102. RURAL HOMELAND SECURITY TRAINING INITIA17 TIVE. 

18 (a) ESTABLISHMENT.—The Secretary of Homeland 

19 Security shall establish a program to be administered by 

20 the Director of the Federal Law Enforcement Training 

21 Center of the Department of Homeland Security to ex22 pand homeland security training to units of local and trib23 al governments located in rural areas. The Secretary shall 

24 take the following actions: 


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1 (1) EVALUATION OF NEEDS OF RURAL

2 AREAS.—Secretary shall evaluate the needs of such 

3 areas. 

4 (2) DEVELOPMENT OF TRAINING PROGRAMS.— 

5 Secretary shall develop expert training programs de6 signed to respond to the needs of such areas, includ7 ing, but not limited to, those pertaining to rural 

8 homeland security responses including protections 

9 for privacy, and civil rights and civil liberties. 

10 (3) PROVISION OF TRAINING PROGRAMS.—Sec11 retary shall provide to such areas the training pro12 grams developed under paragraph (2). 

13 (4) OUTREACH EFFORTS.—Secretary shall con14 duct outreach efforts to ensure that such areas are 

15 aware of the training programs developed under 

16 paragraph (2) so that such programs are made 

17 available to units of local government and tribal gov18 ernments located in rural areas. 

19 (b) NO DUPLICATION OR DISPLACEMENT OF CUR20 RENT PROGRAMS.—Any training program developed 

21 under paragraph (2) of subsection (a) and any training 

22 provided by the program pursuant to such subsection shall 

23 be developed or provided, respectively, in a manner so as 

24 to not duplicate or displace any program in existence on 

25 the date of the enactment of this section. 


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1 (c) PRIORITIZED LOCATIONS FOR RURAL HOMELAND

2 SECURITY TRAINING.—In designating sites for the provi3 sion of training under this section, the Secretary shall, to 

4 the maximum extent possible and as appropriate, give pri5 ority to facilities of the Department of Homeland Security 

6 in existence as of the date of the enactment of this Act 

7 and to closed military installations, and to the extent pos8 sible, shall conduct training onsite, at facilities operated 

9 by participants. 

10 (d) RURAL DEFINED.—In this section, the term 

11 ‘‘rural’’ means an area that is not located in a metropoli12 tan statistical area, as defined by the Office of Manage13 ment and Budget. 

14 SEC. 1103. CRITICAL INFRASTRUCTURE STUDY. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall work with the Center for Risk and Economic 

17 Analysis of Terrorism Events (CREATE), led by the Uni18 versity of Southern California, to evaluate the feasibility 

19 and practicality of creating further incentives for private 

20 sector stakeholders to share with the Department Pro21 tected Critical Infrastructure Information. 

22 (b) INCLUDED INCENTIVES.—Incentives evaluated 

23 under this section shall include, but not be limited to, tax 

24 incentives, grant eligibility incentives, and certificates of 

25 compliance and other non-monetary incentives. 


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1 (c) RECOMMENDATIONS.—The evaluation shall also 

2 include recommendations on the structure and thresholds 

3 of any incentive program. 

4 SEC. 1104. TERRORIST WATCH LIST AND IMMIGRATION 

5 STATUS REVIEW AT HIGH-RISK CRITICAL IN6 FRASTRUCTURE. 

7 From amounts authorized under section 101, there 

8 are authorized such sums as are necessary for the Sec9 retary of Homeland Security to require each owner or op10 erator of a Tier I or Tier II critical infrastructure site 

11 as selected for the Buffer Zone Protection Program, to 

12 conduct checks of their employees against available ter13 rorist watch lists and immigration status databases. 

14 SEC. 1105. AUTHORIZED USE OF SURPLUS MILITARY VEHI15 CLES. 

16 The Secretary of Homeland Security shall include 

17 United States military surplus vehicles having dem18 onstrated utility for responding to acts of terrorism, emer19 gencies, and other disasters on the Authorized Equipment 

20 List in order to allow States and localities to purchase, 

21 modify, upgrade, and maintain such vehicles using home22 land security assistance administered by the Department 

23 of Homeland Security. 


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1 SEC. 1106. COMPUTER CAPABILITIES TO SUPPORT REAL2 TIME INCIDENT MANAGEMENT. 

3 From amounts authorized under section 101, there 

4 are authorized such sums as may be necessary for the Sec5 retary of Homeland Security to encourage the develop6 ment and use of software- or Internet-based computer ca7 pabilities to support real-time incident management by 

8 Federal, State, local, and tribal agencies. Such software9 based capabilities shall be scalable and not be based on 

10 proprietary systems to ensure the compatibility of Federal, 

11 State, local, and tribal first responder agency incident 

12 management systems. In the development and implemen13 tation of such computer capabilities, the Secretary shall 

14 consider the feasibility and desirability of including the fol15 lowing capabilities: 

16 (1) Geographic information system data. 

17 (2) Personnel, vehicle, and equipment tracking 

18 and monitoring. 

19 (3) Commodity tracking and other logistics 

20 management. 

21 (4) Evacuation center and shelter status track22 ing. 

23 (5) Such other capabilities as determined ap24 propriate by the Secretary. 


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1 SEC. 1107. EXPENDITURE REPORTS AS A CONDITION OF 

2 HOMELAND SECURITY GRANTS. 

3 (a) IN GENERAL.—Subtitle H of title VIII of the 

4 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

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

6 ‘‘SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF 

7 HOMELAND SECURITY GRANTS. 

8 ‘‘(a) QUARTERLY REPORTS REQUIRED AS A CONDI9 TION OF HOMELAND SECURITY GRANTS.— 

10 ‘‘(1) EXPENDITURE REPORTS REQUIRED.—As a 

11 condition of receiving a grant administered by the 

12 Secretary, the Secretary shall require the grant re13 cipient to submit quarterly reports to the Secretary 

14 describing the nature and amount of each expendi15 ture made by the recipient using grant funds. 

16 ‘‘(2) DEADLINE FOR REPORTS.—Each report 

17 required under paragraph (1) shall be submitted not 

18 later than 30 days after the last day of a fiscal quar19 ter and shall cover expenditures made during that 

20 fiscal quarter. 

21 ‘‘(b) PUBLICATION OF EXPENDITURES.—Not later 

22 than 30 days after receiving a report under subsection (a), 

23 the Secretary shall publish and make publicly available on 

24 the Internet website of the Department a description of 

25 the nature and amount of each expenditure covered by the 

26 report. 


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1 ‘‘(c) PROTECTION OF SENSITIVE INFORMATION.—In 

2 meeting the requirements of this section, the Secretary 

3 shall take appropriate action to ensure that sensitive infor4 mation is not disclosed.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of such Act is amended by adding at the 

7 end of the items relating to such subtitle the following: 

‘‘Sec. 890A. Expenditure reports as a condition of homeland security grants.’’. 

8 SEC. 1108. ENCOURAGING USE OF COMPUTERIZED TRAIN9 ING AIDS. 

10 The Under Secretary for Science and Technology of 

11 the Department of Homeland Security shall use and make 

12 available to State and local agencies computer simulations 

13 to help strengthen the ability of municipalities to prepare 

14 for and respond to a chemical, biological, or other terrorist 

15 attack, and to standardize response training. 

16 SEC. 1109. PROTECTION OF NAME, INITIALS, INSIGNIA, AND 

17 DEPARTMENTAL SEAL. 

18 Section 875 of the Homeland Security Act of 2002 

19 (6 U.S.C. 455) is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(d) PROTECTION OF NAME, INITIALS, INSIGNIA, 

22 AND SEAL.— 

23 ‘‘(1) IN GENERAL.—Except with the written 

24 permission of the Secretary, no person may know25 ingly use, in connection with any advertisement, 


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1 commercial activity, audiovisual production (includ2 ing film or television production), impersonation, 

3 Internet domain name, Internet e-mail address, or 

4 Internet Web site, merchandise, retail product, or 

5 solicitation in a manner reasonably calculated to 

6 convey the impression that the Department or any 

7 organizational element of the Department has ap8 proved, endorsed, or authorized such use, any of the 

9 following (or any colorable imitation thereof): 

10 ‘‘(A) The words ‘Department of Homeland 

11 Security’, the initials ‘DHS’, the insignia or 

12 seal of the Department, or the title ‘Secretary 

13 of Homeland Security’. 

14 ‘‘(B) The name, initials, insignia, or seal of 

15 any organizational element (including any 

16 former such element) of the Department, or the 

17 title of any other officer or employee of the De18 partment, notice of which has been published by 

19 the Secretary in accordance with paragraph (3). 

20 ‘‘(2) CIVIL ACTION.—Whenever it appears to 

21 the Attorney General that any person is engaged or 

22 is about to engage in an act or practice that con23 stitutes or will constitute conduct prohibited by 

24 paragraph (1) the Attorney General may initiate a 

25 civil proceeding in a district court of the United 


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1 States to enjoin such act or practice. Such court 

2 shall proceed as soon as practicable to the hearing 

3 and determination of such action and may, at any 

4 time before final determination, enter such restrain5 ing orders or prohibitions, or take such other actions 

6 as is warranted, to prevent injury to the United 

7 States or to any person or class of persons for whose 

8 protection the action is brought. 

9 ‘‘(3) NOTICE AND PUBLICATION.—The notice 

10 and publication to which paragraph (1)(B) refers is 

11 a notice published in the Federal Register including 

12 the name, initials, seal, or class of titles protected 

13 under paragraph (1)(B) and a statement that they 

14 are protected under that provision. The Secretary 

15 may amend such notice from time to time as the 

16 Secretary determines appropriate in the public inter17 est and shall publish such amendments in the Fed18 eral Register. 

19 ‘‘(4) AUDIOVISUAL PRODUCTION.—For the pur20 pose of this subsection, the term ‘audiovisual pro21 duction’ means the production of a work that con22 sists of a series of related images that are intrinsi23 cally intended to be shown by the use of machines 

24 or devices such as projectors, viewers, or electronic 

25 equipment, together with accompanying sounds, if 


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1 any, regardless of the nature of the material objects, 

2 such as films or tapes, in which the work is em3 bodied.’’. 

4 SEC. 1110. REPORT ON UNITED STATES SECRET SERVICE 

5 APPROACH TO SHARING UNCLASSIFIED, LAW 

6 ENFORCEMENT SENSITIVE INFORMATION 

7 WITH FEDERAL, STATE, AND LOCAL PART8 NERS. 

9 (a) REPORT BY DIRECTOR OF UNITED STATES SE10 CRET SERVICE.—Not later than 240 days after the date 

11 of the enactment of this Act, the Director of the United 

12 States Secret Service shall submit to Committee on Home13 land Security of the House of Representatives, the Com14 mittee on Homeland Security and Governmental Affairs 

15 of the Senate, and the Inspector General of the Depart16 ment of Homeland Security a report describing the ap17 proach of the Secret Service to sharing unclassified, law 

18 enforcement sensitive information with Federal, State, 

19 and local law enforcement. 

20 (b) REPORT BY INSPECTOR GENERAL.—The Inspec21 tor General of the Department of Homeland Security shall 

22 conduct a review of the report submitted by the Director 

23 of the United States Secret Service under subsection (a), 

24 including recommendations on whether and how such ap25 proach could be incorporated throughout the Department, 


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1 and submit a report on such review to Congress within 

2 240 days after receiving the report of the Director of the 

3 United States Secret Service under subsection (a). 

4 SEC. 1111. REPORT ON UNITED STATES SECRET SERVICE 

5 JAMES J. ROWLEY TRAINING CENTER. 

6 Within 240 days after the date of the enactment of 

7 this Act, the Inspector General of the Department of 

8 Homeland Security shall provide to the appropriate con9 gressional committees, including the Committees on 

10 Homeland Security and Appropriations of the House of 

11 Representatives and the Committees on Homeland Secu12 rity and Governmental Affairs and Appropriations of the 

13 Senate, a report describing the following: 

14 (1) The mission and training capabilities of the 

15 United States Secret Service James J. Rowley 

16 Training Center. 

17 (2) Current Secret Service personnel through18 put capacity of the James J. Rowley Training Cen19 ter. 

20 (3) Maximum Secret Service personnel through21 put capacity of the James J. Rowley Training Cen22 ter. 

23 (4) An assessment of what departmental com24 ponents engage in similar training activities as those 

25 conducted at the James J. Rowley Training Center. 


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1 (5) An assessment of the infrastructure en2 hancements needed to support the mission and 

3 training capabilities of the James J. Rowley Train4 ing Center. 

5 (6) An assessment of the actual and expected 

6 total throughput capacity at the James J. Rowley 

7 Training Center, including outside entity partici8 pants. 

9 SEC. 1112. METROPOLITAN MEDICAL RESPONSE SYSTEM 

10 PROGRAM. 

11 (a) IN GENERAL.—Title V of the Homeland Security 

12 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

13 at the end the following: 

14 ‘‘SEC. 522. METROPOLITAN MEDICAL RESPONSE SYSTEM 

15 PROGRAM. 

16 ‘‘(a) IN GENERAL.—There is a Metropolitan Medical 

17 Response System Program (in this section referred to as 

18 the ‘program’). 

19 ‘‘(b) PURPOSE.—The purpose of the program shall 

20 be to support local jurisdictions in enhancing and main21 taining all-hazards response capabilities to manage mass 

22 casualty incidents (including terrorist acts using chemical, 

23 biological, radiological, nuclear agents, or explosives, large 

24 scale hazardous materials incidents, epidemic disease out25 breaks, and natural disasters) by systematically enhancing 


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1 and integrating first responders, public health personnel, 

2 emergency management personnel, business representa3 tives, and volunteers. 

4 ‘‘(c) PROGRAM ADMINISTRATION.—The Assistant 

5 Secretary for Health Affairs shall develop the pro6 grammatic and policy guidance for the program in coordi7 nation with the Administrator of the Federal Emergency 

8 Management Agency. 

9 ‘‘(d) PERSONNEL COSTS.—The program shall not be 

10 subject to an administrative cap on the hiring of personnel 

11 to conduct program activities. 

12 ‘‘(e) FINANCIAL ASSISTANCE.— 

13 ‘‘(1) ADMINISTRATION.—The Administrator of 

14 the Federal Emergency Management Agency shall 

15 administer financial assistance provided to State and 

16 local jurisdictions under the program. 

17 ‘‘(2) ASSISTANCE TO LOCAL JURISDICTIONS.— 

18 In providing financial assistance to a State under 

19 the program, the Administrator shall ensure that 

20 100 percent of the amount of such assistance is allo21 cated by the State to local jurisdictions, except that 

22 a State may retain up to 20 percent of the amount 

23 of such assistance to facilitate integration between 

24 the State and the local jurisdiction pursuant to a 


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1 written agreement between the State and the local 

2 jurisdiction. 

3 ‘‘(3) MUTUAL AID.— 

4 ‘‘(A) AGREEMENTS.—Local jurisdictions 

5 receiving assistance under the program are en6 couraged to develop and maintain memoranda 

7 of understanding and agreement with neigh8 boring jurisdictions to support a system of mu9 tual aid among the jurisdictions. 

10 ‘‘(B) CONTENTS.—A memorandum re11 ferred to in subparagraph (A) shall include, at 

12 a minimum, policies and procedures to— 

13 ‘‘(i) enable the timely deployment of 

14 program personnel and equipment across 

15 jurisdictions and, if relevant, across State 

16 boundaries; 

17 ‘‘(ii) share information in a consistent 

18 and timely manner; and 

19 ‘‘(iii) notify State authorities of the 

20 deployment of program resources in a 

21 manner that ensures coordination with 

22 State agencies without impeding the ability 

23 of program personnel and equipment to re24 spond rapidly to emergencies in other ju25 risdictions. 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out the program 

3 $63,000,000 for each of the fiscal years 2008 through 

4 2011.’’. 

5 (b) PROGRAM REVIEW.— 

6 (1) IN GENERAL.—The Assistant Secretary for 

7 Health Affairs shall conduct a review of the Metro8 politan Medical Response System Program. 

9 (2) CONTENT OF REVIEW.—In conducting the 

10 review of the program, the Assistant Secretary shall 

11 examine— 

12 (A) strategic goals; 

13 (B) objectives; 

14 (C) operational capabilities; 

15 (D) resource requirements; 

16 (E) performance metrics; 

17 (F) administration; 

18 (G) whether the program would be more 

19 effective if it were managed as a contractual 

20 agreement; 

21 (H) the degree to which the program’s 

22 strategic goals, objectives, and capabilities are 

23 incorporated in State and local homeland secu24 rity plans; and 


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1 (I) challenges in the coordination among 

2 public health, public safety, and other stake3 holder groups to prepare for and respond to 

4 mass casualty incidents. 

5 (3) REPORT.—Not later than 9 months after 

6 the date of enactment of this subsection, the Assist7 ant Secretary shall submit to the Committee on 

8 Homeland Security of the House of Representatives 

9 and the Committee on Homeland Security and Gov10 ernmental Affairs of the Senate a report on the re11 sults of the review. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) REPEAL.—Section 635 of the Post-Katrina 

14 Management Reform Act of 2006 (6 U.S.C. 723) is 

15 repealed. 

16 (2) TABLE OF CONTENTS.—The table of con17 tents contained in section 1(b) of the Homeland Se18 curity Act of 2002 is amended by inserting after the 

19 item relating to section 521 the following: 

‘‘Sec. 522. Metropolitan Medical Response System Program.’’. 

20 SEC. 1113. TECHNICAL CORRECTIONS. 

21 The Homeland Security Act of 2002 (Public Law 

22 107–296; 6 U.S.C. 361 et seq.) is amended— 

23 (1) in section 1(b) in the table of contents by 

24 striking the items relating to the second title XVIII, 


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1 as added by section 501(b)(3) of Public Law 109– 

2 347, and inserting the following: 

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Mission of Office. 

‘‘Sec. 1904. Testing authority. 

‘‘Sec. 1905. Relationship to other Department entities and Federal agencies. 

‘‘Sec. 1906. Contracting and grant making authorities.’’. 

3 (2) by redesignating the second title XVIII, as 

4 added by section 501(a) of Public Law 109–347, as 

5 title XIX; 

6 (3) in title XIX (as so redesignated)— 

7 (A) by redesignating sections 1801 

8 through 1806 as sections 1901 through 1906, 

9 respectively; 

10 (B) in section 1904(a) (6 U.S.C. 594(a)), 

11 as so redesignated, by striking ‘‘section 1802’’ 

12 and inserting ‘‘section 1902’’; and 

13 (C) in section 1906 (6 U.S.C. 596), as so 

14 redesignated, by striking ‘‘section 1802(a)’’ 

15 each place it appears and inserting ‘‘section 

16 1902(a)’’. 

Æ 


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