IIB 

110TH CONGRESS 

1ST SESSION H. R. 1684 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2007 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Home3 land Security Authorization Act for Fiscal Year 2008’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Department of Homeland Security. 

TITLE II—POLICY AND MANAGEMENT IMPROVEMENTS 

Sec. 201. Establishment of Directorate for Policy. 

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

Sec. 203. Comprehensive Homeland Security Review. 

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

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

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

Sec. 207. Designation of Office of Counternarcotics Enforcement as primary 

Department counternarcotics enforcement representative. 

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

TITLE III—OVERSIGHT IMPROVEMENTS 

Sec. 301. Secure border initiative financial accountability. 

Sec. 302. Authorization Liaison Officer. 

Sec. 303. Office of the Inspector General. 

Sec. 304. Congressional notification requirement. 

TITLE IV—PROCUREMENT POLICY AND RESOURCES 

IMPROVEMENTS 

Sec. 401. Homeland security procurement training. 

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

procurement offices. 

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

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

and subcontractors. 

Sec. 405. Integrity in contracting. 

Sec. 406. Small business utilization report. 

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

the United States. 

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

Sec. 409. Report on source of shortfalls at Federal Protective Service. 

TITLE V—WORKFORCE AND TRAINING IMPROVEMENTS 


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

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

employment. 

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

to appoint and maintain a cadre of Federal annuitants. 

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

Customs and Border Protection. 

Sec. 505. Strengthening Border Patrol recruitment and retention. 

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

Sec. 507. Increased security screening of Homeland Security Officials. 

Sec. 508. Authorities of Chief Security Officer. 

Sec. 509. Departmental culture improvement. 

Sec. 510. Homeland security education program enhancements. 

Sec. 511. Repeal of chapter 97 of title 5, United States Code. 

Sec. 512. Utilization of non-law enforcement Federal employees as instructors 

for non-law enforcement classes at the Border Patrol Training 

Academy. 

Sec. 513. Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited. 

TITLE VI—BIOPREPAREDNESS IMPROVEMENTS 

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

Sec. 602. Improving the material threats process. 

Sec. 603. Study on national biodefense training. 

Sec. 604. National Biosurveillance Integration Center. 

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

TITLE VII—HOMELAND SECURITY CYBERSECURITY 

IMPROVEMENTS 

Sec. 701. Cybersecurity and Communications. 

Sec. 702. Cybersecurity research and development. 

Sec. 703. Collaboration. 

TITLE VIII—SCIENCE AND TECHNOLOGY IMPROVEMENTS 

Sec. 801. Report to Congress on strategic plan. 

Sec. 802. Centers of Excellence Program. 

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

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

Sec. 805. Promoting antiterrorism through International Cooperation Act. 

Sec. 806. Availability of testing facilities and equipment. 

TITLE IX—BORDER SECURITY IMPROVEMENTS 

Sec. 901. US–VISIT. 

Sec. 902. Shadow Wolves program. 

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

Sec. 904. Report on implementation of the student and exchange visitor program. 

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

ports of entry. 

Sec. 906. Report by Government Accountability Office regarding policies and 

procedures of the Border Patrol. 

Sec. 907. Report on Integrated Border Enforcement Team initiative. 


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Sec. 908. Stolen and Lost Travel Document database. 

TITLE X—INFORMATION SHARING IMPROVEMENTS 

Sec. 1001. State and local fusion center program. 

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

Sec. 1003. Authority to appoint and maintain a cadre of Federal annuitants for 

the Office of Information Analysis. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 1101. Rural homeland security training initiative. 

Sec. 1102. Critical infrastructure study. 

Sec. 1103. Terrorist watch list at high-risk critical infrastructure. 

Sec. 1104. Authorized use of surplus military vehicles. 

Sec. 1105. Computer capabilities to support real-time incident management. 

Sec. 1106. Expenditure reports as a condition of homeland security grants. 

Sec. 1107. Encouraging use of computerized training aids. 

Sec. 1108. Metropolitan Medical Response System Program. 

Sec. 1109. Identity fraud prevention grant program. 

Sec. 1110. Technical corrections. 

Sec. 1111. Citizen Corps. 

Sec. 1112. Report regarding Department of Homeland Security implementation 

of Comptroller General and Inspector General recommendations regarding protection of agriculture. 

Sec. 1113. Report regarding levee system. 

Sec. 1114. Report on Force Multiplier Program. 

Sec. 1115. Eligibility of State judicial facilities for State homeland security 

grants. 

Sec. 1116. Data sharing. 

Sec. 1117. Cooperative agreement with National Organization on Disability to 

carry out Emergency Preparedness Initiative. 

Sec. 1118. Consideration of tourism in awarding Urban Area Security Initiative 

grants. 

Sec. 1119. Study of foreign rail security practices. 

Sec. 1120. FEMA recovery office in Florida. 

Sec. 1121. Requirement to consult States regarding grant awards. 

Sec. 1122. Comptroller General report on critical infrastructure. 

Sec. 1123. Improving the nexus and fast registered traveler programs. 

Sec. 1124. Travel documents. 

Sec. 1125. Sense of the Congress on Interoperability. 

Sec. 1126. Travelers Redress Inquiry Program. 

Sec. 1127. Transportation Worker Identification Credential program. 

Sec. 1128. Automated targeting system for persons entering or departing the 

United States. 

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 


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1 of the Department of Homeland Security for fiscal year 

2 2008, $39,863,000,000. 

3 TITLE II—POLICY AND 

4 MANAGEMENT IMPROVEMENTS 

5 SEC. 201. ESTABLISHMENT OF DIRECTORATE FOR POLICY. 

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

7 2002 (6 U.S.C. 101 et seq.) is amended by striking sec8 tions 401 through 403 and inserting the following: 

9 ‘‘SEC. 401. DIRECTORATE FOR POLICY. 

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

11 a Directorate for Policy. The Directorate for Policy shall 

12 contain each of the following: 

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

14 shall be administered by an Assistant Secretary for 

15 the Private Sector. 

16 ‘‘(2) The Victim Assistance Officer. 

17 ‘‘(3) The Tribal Security Officer. 

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

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

20 by the Under Secretary for Policy. 

21 ‘‘(b) UNDER SECRETARY FOR POLICY.— 

22 ‘‘(1) IN GENERAL.—The head of the Direc23 torate is the Under Secretary for Policy, who shall 

24 be appointed by the President, with the advice and 

25 consent of the Senate. 


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

2 appointed to the position of Under Secretary for 

3 Policy under paragraph (1) unless the individual 

4 has, by education and experience, demonstrated 

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

6 and strategic planning. 

7 ‘‘(3) RESPONSIBILITIES.—Subject to the direc8 tion and control of the Secretary, the responsibilities 

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

10 ‘‘(A) To serve as the principal policy advi11 sor to the Secretary. 

12 ‘‘(B) To provide overall direction and su13 pervision of policy development for the pro14 grams, offices, and activities of the Depart15 ment, excluding each agency that is a distinct 

16 entity within the Department. 

17 ‘‘(C) To ensure that the budget of the De18 partment (including the development of future 

19 year budgets and interaction with the Office of 

20 Management and Budget and with Congress) is 

21 compatible with the statutory and regulatory re22 sponsibilities of the Department and with the 

23 Secretary’s priorities, strategic plans, and poli24 cies. 


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

2 planning for the Department, including over3 seeing the Comprehensive Homeland Security 

4 Review established in section 203. 

5 ‘‘(E) To carry out such other responsibil6 ities as the Secretary may determine are appro7 priate, consistent with this section.’’. 

8 (b) ENSURING CONSIDERATION OF THE NEEDS OF

9 CHILDREN.— 

10 (1) IN GENERAL.—The Under Secretary for 

11 Policy of the Department of Homeland Security, act12 ing through the Assistant Secretary for the Office of 

13 Policy and Development, shall ensure that all de14 partmental policies, programs, and activities appro15 priately consider the needs of and impact upon chil16 dren. 

17 (2) SPECIFIC FUNCTIONS.—The Under Sec18 retary for Policy shall— 

19 (A) coordinate with other Federal Depart20 ments and agencies to ensure that the needs of 

21 children, schools, and other child-centered facili22 ties are sufficiently understood and incor23 porated into Federal, State, local, and tribal 

24 preparedness, response, and recovery plans and 

25 activities for terrorist attacks, major disasters, 


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1 and other emergencies (including those involv2 ing chemical, biological, radiological, nuclear, or 

3 other explosive weapons), or other manmade 

4 disasters; 

5 (B) coordinate with the Office of Grants 

6 within the Federal Emergency Management 

7 Agency to monitor the use of homeland security 

8 grants by State, local, or tribal agencies to sup9 port emergency preparedness activities for chil10 dren, schools, and other child-centered facilities, 

11 and make recommendations to improve the ef12 fectiveness of such funding; 

13 (C) review public awareness programs and 

14 screening policies by departmental entities, in15 cluding security screening at airports, and en16 sure that such policies consider the needs and 

17 well-being of children; and 

18 (D) ensure that all other departmental ac19 tivities that affect children include consideration 

20 of the needs of children and that relevant agen21 cies of the Department coordinate on this mat22 ter where appropriate. 

23 (3) REPORT TO CONGRESS.—One year after the 

24 date of the enactment of this subsection and on an 

25 annual basis thereafter, the Under Secretary for 


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1 Policy shall report to the Committee on Homeland 

2 Security of the House of Representatives and to the 

3 Committee on Homeland Security and Governmental 

4 Affairs of the Senate on activities undertaken pursu5 ant to this subsection and the resulting improvement 

6 in security for children, schools, and other child-cen7 tered facilities. 

8 (c) CONFORMING AMENDMENTS.—Such Act is fur9 ther amended— 

10 (1) by striking the heading for title IV and in11 serting the following: 

12 ‘‘TITLE IV—DIRECTORATE FOR 

13 POLICY’’; 

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

15 title IV and inserting the following: 

16 ‘‘Subtitle A—Under Secretary for 

17 Policy’’; 

18 (3) in section 103(a)(3), by striking ‘‘for Bor19 der and Transportation Security’’ and inserting ‘‘for 

20 Policy’’; 

21 (4) in section 102(f)(9), by striking ‘‘the Direc22 torate of Border and Transportation Security’’ and 

23 inserting ‘‘United States Customs and Border Pro24 tection’’; 


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

2 authority of the Under Secretary for Border and 

3 Transportation Security,’’; 

4 (6) in section 430— 

5 (A) in subsection (a)— 

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

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

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

9 follows through ‘‘Security’’; 

10 (B) in subsection (b), by striking the sec11 ond sentence; and 

12 (C) by striking subsection (d). 

13 (7) in section 441, by striking ‘‘Under Sec14 retary for Border and Transportation Security’’ and 

15 inserting ‘‘Secretary’’; 

16 (8) in section 442(a)— 

17 (A) ‘‘who—’’in paragraph (2), by striking 

18 and all that follows through ‘‘(B) shall’’ and in19 serting ‘‘who shall’’; and 

20 (B) in paragraph (3)— 

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

22 ‘‘Under Secretary for Border and Trans23 portation Security’’ each place it appears 

24 and inserting ‘‘Secretary’’; and 


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

2 ‘‘Border and Transportation Security’’ and 

3 inserting ‘‘Policy’’; 

4 (9) in section 443, by striking ‘‘The Under Sec5 retary for Border and Transportation Security’’ and 

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

7 Secretary, the Deputy Secretary’’; 

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

9 Secretary for Border and Transportation Security’’ 

10 and inserting ‘‘Subject to the direction and control 

11 of the Secretary, the Deputy Secretary’’; 

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

13 Under Secretary for Border and Transportation Se14 curity’’; and 

15 (12) in section 878(e), by striking ‘‘the Direc16 torate of Border and Transportation Security’’ and 

17 inserting ‘‘United States Customs and Border Pro18 tection, Immigration and Customs Enforcement’’. 

19 (d) CLERICAL AMENDMENTS.—The table of contents 

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

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

22 inserting the following: 

‘‘TITLE IV—DIRECTORATE FOR POLICY’’; 

23 and 

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

25 of title IV and inserting the following: 


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‘‘Subtitle A—Under Secretary for Policy 

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

1 SEC. 202. DIRECT LINE AUTHORITY FOR CHIEF OPERATING 

2 OFFICERS. 

3 (a) IN GENERAL.—Title VII of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 341 et seq.) is amended by 

5 adding at the end the following new section: 

6 ‘‘SEC. 707. CHIEF OPERATING OFFICERS. 

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

8 the Department include the following officials of the De9 partment: 

10 ‘‘(1) The Chief Financial Officer. 

11 ‘‘(2) The Chief Procurement Officer. 

12 ‘‘(3) The Chief Information Officer. 

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

14 ‘‘(5) The Chief Administrative Officer. 

15 ‘‘(6) The Chief Security Officer. 

16 ‘‘(b) COORDINATION.—The Secretary shall direct the 

17 Chief Operating Officer of each component agency to co18 ordinate with that Officer’s respective Chief Operating Of19 ficer of the Department to ensure that the component 

20 agency adheres to Government-wide laws, rules, regula21 tions, and policies to which the Department is subject and 

22 which the Chief Operating Officer is responsible for imple23 menting. 


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1 ‘‘(c) COORDINATION WITH HEADS OF COMPONENT

2 AGENCIES.—In coordinating with a Chief Operating Offi3 cer of the Department as required under subsection (b), 

4 a Chief Operating Officer of a component agency shall co5 ordinate with the head of that component agency.’’. 

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

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

8 the item relating to section 706 the following: 

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

9 SEC. 203. COMPREHENSIVE HOMELAND SECURITY REVIEW. 

10 (a) COMPREHENSIVE HOMELAND SECURITY RE11 VIEW.—Subtitle A of title IV of the Homeland Security 

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

13 following: 

14 ‘‘SEC. 402. COMPREHENSIVE HOMELAND SECURITY RE15 VIEW. 

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

17 Secretary, acting through the Under Secretary for Policy, 

18 shall conduct a comprehensive examination of the Depart19 ment, to be known as the Comprehensive Homeland Secu20 rity Review. The Secretary shall conduct the first such re21 view in fiscal year 2009, and shall conduct a subsequent 

22 review in the first fiscal year in which there begins the 

23 first presidential term of a new presidential administra24 tion. 


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

2 Homeland Security Review, the Secretary shall— 

3 ‘‘(1) include a Department of Homeland Secu4 rity Strategy that is consistent with the most recent 

5 National Strategy for Homeland Security prescribed 

6 by the President; 

7 ‘‘(2) define sufficient personnel and appropriate 

8 organizational structure and other requirements nec9 essary for the successful execution of the full range 

10 of missions called for in the Department of Home11 land Security Strategy; and 

12 ‘‘(3) identify a budget plan, acquisition strat13 egy, procurement process, and any other resources, 

14 that are necessary to provide sufficient resources for 

15 the successful execution of the full range of missions 

16 called for in the Department of Homeland Security 

17 Strategy. 

18 ‘‘(c) CONDUCT OF REVIEW.— 

19 ‘‘(1) CONSULTATION REQUIRED.—The Sec20 retary shall conduct each review required under sub21 section (a) in consultation with key officials of the 

22 Department, including the Assistant Secretary of the 

23 Transportation Security Administration, the Com24 missioner of United States Customs and Border 

25 Protection, the Director of United States Citizenship 


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1 and Immigration Services, the Assistant Secretary 

2 for Immigration and Customs Enforcement, the Di3 rector of the United States Secret Service, the Ad4 ministrator of the Federal Emergency Management 

5 Agency, the Director of the Federal Law Enforce6 ment Training Center, and the Commandant of the 

7 Coast Guard. 

8 ‘‘(2) RELATIONSHIP WITH FUTURE YEARS

9 HOMELAND SECURITY PROGRAM.—The Secretary 

10 shall ensure that each review conducted under this 

11 section is consistent with the Future Years Home12 land Security Program required under section 874. 

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

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

15 the Committee on Homeland Security and the Com16 mittee on Transportation and Infrastructure of the 

17 House of Representatives, to the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate, and to the President a report on each Com20 prehensive Homeland Security Review. Each such 

21 report shall be submitted during the fiscal year fol22 lowing the fiscal year in which the review is con23 ducted, but not later than the date on which the 

24 President submits to Congress the budget under sec25 tion 1105(a) of title 31, United States Code, for the 


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1 fiscal year following the fiscal year in which the re2 port is to be submitted. 

3 ‘‘(2) CONTENTS.—Each such report shall in4 clude the following, with a focus on reducing and 

5 managing risk and in preparing for, mitigating 

6 against, responding to, and recovering from terrorist 

7 attacks, major disasters, and other emergencies: 

8 ‘‘(A) A comprehensive assessment of the 

9 level of alignment between the Department of 

10 Homeland Security Strategy and the human re11 sources, infrastructure, assets, and organiza12 tional structure of the Department. 

13 ‘‘(B) An explanation of any and all under14 lying assumptions used in conducting the Re15 view. 

16 ‘‘(C) The human resources requirements 

17 and response capabilities of the Department as 

18 they relate to the risks of terrorist attacks, 

19 major disasters, and other emergencies. 

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

21 sea, and land capabilities and requirements to 

22 support the Department of Homeland Security 

23 Strategy. 

24 ‘‘(E) The nature and appropriateness of 

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1 cluding operational scientific and technical re2 sources and capabilities and the anticipated ef3 fects on the human resources capabilities, costs, 

4 efficiencies, resources, and planning of the De5 partment of any technology or operational capa6 bilities anticipated to be available during the 

7 years subsequent to the Review. 

8 ‘‘(F) Any other matter the Secretary con9 siders appropriate to include in the Review. 

10 ‘‘(3) DEADLINE FOR INITIAL REPORT.—Not11 withstanding paragraph (1), the Secretary shall sub12 mit the first Report required under subsection (a) 

13 not later than September 30, 2010. 

14 ‘‘(e) PREPARATIONS FOR FISCAL YEAR 2008 RE15 VIEW.—In fiscal year 2008, the Under Secretary for Pol16 icy shall make all preparations for the conduct of the first 

17 Comprehensive Homeland Security Review in fiscal year 

18 2009, including— 

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

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

21 resources required to perform each task; 

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

23 of all project tasks; 

24 ‘‘(4) ensuring that these resources will be avail25 able as needed; and 


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1 ‘‘(5) all other preparations considered necessary 

2 by the Under Secretary.’’. 

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

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

5 the item relating to section 401 the following: 

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

6 SEC. 204. QUALIFICATIONS FOR THE UNDER SECRETARY 

7 FOR MANAGEMENT. 

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

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

10 at the end the following: 

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

12 Management shall have all of the following qualifications: 

13 ‘‘(1) Extensive executive level leadership and 

14 management experience in the public or private sec15 tor. 

16 ‘‘(2) Strong leadership skills. 

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

18 and complex organizations. 

19 ‘‘(4) A proven record of achieving positive oper20 ational results.’’. 

21 (b) DEADLINE FOR APPOINTMENT; INCUMBENT.— 

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

23 of this Act, the Secretary of Homeland Security shall 

24 name an individual who meets the qualifications of section 

25 701 of the Homeland Security Act (6 U.S.C. 341), as 


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1 amended by subsection (a), to serve as the Under Sec2 retary for Management. The Secretary may submit the 

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

4 Secretary for Management of the Department of Home5 land Security on the date of enactment of this Act to6 gether with a statement the informs the Congress that the 

7 individual meets the qualifications of such section as so 

8 amended. 

9 SEC. 205. SENSE OF CONGRESS REGARDING CONSOLIDA10 TION OF DEPARTMENT HEADQUARTERS. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) the Department of Homeland Security and 

13 its component headquarters facilities are currently 

14 scattered widely throughout the National Capital 

15 Region (NCR); 

16 (2) this geographic dispersal disrupts the De17 partment’s ability to operate in an efficient manner, 

18 and could impair its ability to prevent, deter, pre19 pare for, and respond to a terrorist attack, major 

20 disaster, or other emergencies; 

21 (3) the Government Accountability Office con22 tinues to list ‘‘Implementing and Transforming the 

23 Department of Homeland Security’’ on its ‘‘High 

24 Risk list’’; 


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1 (4) consolidating the Department’s head2 quarters and component facilities, to the greatest ex3 tent practicable, would be an important step in fa4 cilitating the transformation and integration of the 

5 Department; and 

6 (5) the President has provided funding for De7 partment consolidation in the fiscal year 2008 budg8 et, and has determined that the only site under the 

9 control of the Federal Government and in the NCR 

10 with the size, capacity, and security features to meet 

11 the Department of Homeland Security’s minimum 

12 consolidation needs as identified in the Department 

13 of Homeland Security NCR Housing Master Plan 

14 submitted to Congress on October 24, 2006, is the 

15 West Campus of St. Elizabeths Hospital in the Dis16 trict of Columbia. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the consolidation of the Department and its key 

19 component headquarters on the West Campus of St. Eliza20 beths Hospital, to the maximum extent practicable con21 sistent with the Department’s Housing Plan as submitted 

22 to Congress in October 2006, should move forward as ex23 peditiously as possible with all the agencies involved in this 

24 effort bearing those costs for which they are responsible. 


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1 SEC. 206. REQUIRED BUDGET LINE ITEM FOR OFFICE OF 

2 COUNTERNARCOTICS ENFORCEMENT. 

3 In each fiscal year budget request for the Department 

4 of Homeland Security, the Secretary of Homeland Secu5 rity shall include a separate line item for the fiscal year 

6 for expenditures by the Office of Counternarcotics En7 forcement of the Department of Homeland Security. 

8 SEC. 207. DESIGNATION OF OFFICE OF COUNTER9 NARCOTICS ENFORCEMENT AS PRIMARY DE10 PARTMENT COUNTERNARCOTICS ENFORCE11 MENT REPRESENTATIVE. 

12 Section 878(d)(5) of the Homeland Security Act of 

13 2002 (6 U.S.C. 458(d)(5)) is amended by striking ‘‘to be 

14 a representative’’ and inserting ‘‘to be the primary rep15 resentative’’. 

16 SEC. 208. GRANTING LINE AUTHORITY TO THE ASSISTANT 

17 SECRETARY FOR LEGISLATIVE AFFAIRS. 

18 Section 701 of the Homeland Security Act of 2002 

19 (6 U.S.C. 341) is further amended by adding at the end 

20 the following: 

21 ‘‘(d) AUTHORITY OF ASSISTANT SECRETARY FOR

22 LEGISLATIVE AFFAIRS OVER DEPARTMENTAL COUNTER23 PARTS.—The Secretary for the Department shall ensure 

24 that the Assistant Secretary for Legislative Affairs has 

25 adequate authority or the Assistant Secretary’s respective 

26 counterparts in component agencies of the Department to 


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1 ensure that such component agencies adhere to the laws, 

2 rules, and regulations to which the Department is subject 

3 and the departmental policies that the Assistant Secretary 

4 for Legislative Affairs is responsible for implementing.’’. 

5 TITLE III—OVERSIGHT 

6 IMPROVEMENTS 

7 SEC. 301. SECURE BORDER INITIATIVE FINANCIAL AC8 COUNTABILITY. 

9 (a) IN GENERAL.—The Inspector General of the De10 partment of Homeland Security shall review each contract 

11 action related to the Department’s Secure Border Initia12 tive having a value greater than $20,000,000, to deter13 mine whether each such action fully complies with applica14 ble cost requirements, performance objectives, program 

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

16 business, and timelines. The Inspector General shall com17 plete a review under this subsection with respect to a con18 tract action— 

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

20 initiation of the action; and 

21 (2) upon the conclusion of the performance of 

22 the contract. 

23 (b) REPORT BY INSPECTOR GENERAL.—Upon com24 pletion of each review required under subsection (a), the 

25 Inspector General shall submit to the Secretary of HomeVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 land Security a report containing the findings of the re2 view, including findings regarding any cost overruns, sig3 nificant delays in contract execution, lack of rigorous de4 partmental contract management, insufficient depart5 mental financial oversight, bundling that limits the ability 

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

7 practices. 

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

9 after the receipt of each report required under subsection 

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

11 the Committee on Homeland Security and the Committee 

12 on Oversight and Government Reform of the House of 

13 Representatives and the Committee on Homeland Security 

14 and Governmental Affairs of the Senate a report on the 

15 findings of the report by the Inspector General and the 

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

17 the findings in such report. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated for the Office of the In20 spector General of the Department of Homeland Security 

21 to carry out enhanced oversight of the Secure Border Ini22 tiative— 

23 (1) for fiscal year 2008, of the amount author24 ized by section 101 and in addition to the amount 

25 authorized by section 303, $5,500,000; 


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1 (2) for fiscal year 2009, at least 6 percent of 

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

3 and 

4 (3) for fiscal year 2010, at least 7 percent of 

5 the overall budget of the Office for that fiscal year. 

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

7 the Inspector General becomes aware of any improper con8 duct or wrongdoing in accordance with the contract review 

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

10 as expeditiously as practicable, refer to the Secretary of 

11 Homeland Security or other appropriate official in the De12 partment of Homeland Security information related to 

13 such improper conduct or wrongdoing for purposes of eval14 uating whether to suspend or debar the contractor. 

15 SEC. 302. AUTHORIZATION LIAISON OFFICER. 

16 Section 702 of the Homeland Security Act of 2002 

17 (6 U.S.C. 342) is amended by adding at the end the fol18 lowing: 

19 ‘‘(d) AUTHORIZATION LIAISON OFFICER.— 

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

21 shall establish the position of Authorization Liaison 

22 Officer to provide timely budget and other financial 

23 information to the Committee on Homeland Security 

24 of the House of Representatives, the Committee on 

25 Homeland Security and Governmental Affairs of the 


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1 Senate, and other appropriate congressional commit2 tees. The Authorization Liaison Officer shall report 

3 directly to the Chief Financial Officer. 

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

5 The Authorization Liaison Officer shall coordinate 

6 with the Appropriations Liaison Officer within the 

7 Office of the Chief Financial Officer to ensure, to 

8 the greatest extent possible, that all reports pre9 pared for the Committees on Appropriations of the 

10 House of Representatives and the Senate are sub11 mitted concurrently to the Committee on Homeland 

12 Security of the House of Representatives, the Com13 mittee on Homeland Security and Governmental Af14 fairs of the Senate, and other appropriate congres15 sional committees.’’. 

16 SEC. 303. OFFICE OF THE INSPECTOR GENERAL. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

18 amount authorized by section 101, there is authorized to 

19 be appropriated to the Secretary of Homeland Security 

20 $108,500,000 for fiscal year 2008 for operations of the 

21 Office of the Inspector General of the Department of 

22 Homeland Security. 

23 (b) ASSISTING THE NATIONAL CENTER FOR MISSING

24 AND EXPLOITED CHILDREN.— 


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1 (1) IN GENERAL.—An Inspector General of the 

2 Department of Homeland Security appointed under 

3 section 3 or 8G of the Inspector General Act of 

4 1978 (5 U.S.C. App.) may authorize staff to use 

5 funds authorized under subsection (a) to assist the 

6 National Center for Missing and Exploited Children, 

7 upon request by the Center— 

8 (A) by conducting reviews of inactive case 

9 files that the Inspector General has reason to 

10 believe involve a child or possible offender lo11 cated outside the United States, and to develop 

12 recommendations for further investigations; and 

13 (B) by engaging in similar activities. 

14 (2) LIMITATIONS.— 

15 (A) PRIORITY.—An Inspector General may 

16 not permit staff to engage in activities de17 scribed in paragraph (1) if such activities will 

18 interfere with the duties of the Inspector Gen19 eral under the Inspector General Act of 1978 (5 

20 U.S.C. App.). 

21 (B) FUNDING.—No additional funds are 

22 authorized to be appropriated to carry out this 

23 paragraph. 


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1 SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT. 

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

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

4 at the end the following: 

5 ‘‘SEC. 104. CONGRESSIONAL NOTIFICATION. 

6 ‘‘(a) IN GENERAL.—The Secretary shall actively con7 sult with the congressional homeland security committees 

8 and other appropriate congressional committees, and shall 

9 keep such committees fully and currently informed with 

10 respect to all activities and responsibilities within the ju11 risdictions of these committees. 

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

13 this section affects the requirements of section 872. The 

14 requirements of this section supplement, and do not re15 place, the requirements of that section. 

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

17 may submit any information required by this section in 

18 classified form if the information is classified pursuant to 

19 applicable national security standards. 

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

21 construed to limit or otherwise affect the congressional no22 tification requirements of title V of the National Security 

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

24 to the Department. 

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

26 ‘congressional homeland security committees’ means the 


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1 Committee on Homeland Security and the Committee on 

2 Appropriations of the House of Representatives and the 

3 Committee on Homeland Security and Governmental Af4 fairs and the Committee on Appropriations of the Sen5 ate.’’. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents in section 1(b) of such Act is amended by adding 

8 at the end of the items relating to such title the following: 

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

9 (c) COAST GUARD MISSION REVIEW REPORT.—Sec10 tion 888(f)(2) of the Homeland Security Act of 2002 (6 

11 U.S.C. 468(f)(2)) is amended— 

12 (1) by redesignating subparagraphs (B) 

13 through (E) as subparagraphs (C) through (F) re14 spectively; and 

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

16 the following: 

17 ‘‘(A) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; 

19 ‘‘(B) the Committee on Homeland Security 

20 of the House of Representatives;’’. 


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1 TITLE IV—PROCUREMENT POL2 ICY AND RESOURCES IM3 PROVEMENTS 

4 SEC. 401. HOMELAND SECURITY PROCUREMENT TRAINING. 

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

6 Homeland Security Act of 2002 is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 836. HOMELAND SECURITY PROCUREMENT TRAIN9 ING. 

10 ‘‘(a) PROVISION OF TRAINING.—The Chief Procure11 ment Officer shall provide homeland security procurement 

12 training to acquisition employees. 

13 ‘‘(b) RESPONSIBILITIES OF CHIEF PROCUREMENT

14 OFFICER.—The Chief Procurement Officer shall carry out 

15 the following responsibilities: 

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

17 and effective use of available acquisition resources 

18 by coordinating the acquisition education and train19 ing programs of the Department and tailoring them 

20 to support the careers of acquisition employees. 

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

22 on Procurement Training established under sub23 section (d), the curriculum of the homeland security 

24 procurement training to be provided. 


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

2 on Procurement Training, training standards, re3 quirements, and courses to be required for acquisi4 tion employees. 

5 ‘‘(4) Establish an appropriate centralized mech6 anism to control the allocation of resources for con7 ducting such required courses and other training 

8 and education. 

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

10 to ensure that the procurement training curriculum 

11 supports a coherent framework for the educational 

12 development of acquisition employees, including the 

13 provision of basic, intermediate, and advanced 

14 courses. 

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

16 list of the acquisition education and training 

17 courses. 

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

19 of student enrollment, and other data related to stu20 dents and courses conducted pursuant to this sec21 tion. 

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

23 employee of any entity under subsection (d)(3) may re24 ceive training provided under this section. The appropriate 


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1 member of the Council on Procurement Training may di2 rect such an employee to receive procurement training. 

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

4 ‘‘(1) ESTABLISHMENT.—The Secretary shall es5 tablish a Council on Procurement Training to advise 

6 and make policy and curriculum recommendations to 

7 the Chief Procurement Officer. 

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

9 Council on Procurement Training shall be the Dep10 uty Chief Procurement Officer. 

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

12 on Procurement Training are the chief procurement 

13 officers of each of the following: 

14 ‘‘(A) United States Customs and Border 

15 Protection. 

16 ‘‘(B) The Transportation Security Admin17 istration. 

18 ‘‘(C) The Office of Procurement Oper19 ations. 

20 ‘‘(D) The Bureau of Immigration and Cus21 toms Enforcement. 

22 ‘‘(E) The Federal Emergency Management 

23 Agency. 

24 ‘‘(F) The Coast Guard. 


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1 ‘‘(G) The Federal Law Enforcement 

2 Training Center. 

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

4 ‘‘(I) Such other entity as the Secretary de5 termines appropriate. 

6 ‘‘(e) ACQUISITION EMPLOYEE DEFINED.—For pur7 poses of this section, the term ‘acquisition employee’ 

8 means an employee serving under a career or career-condi9 tional appointment in the competitive service or appoint10 ment of equivalent tenure in the excepted service of the 

11 Federal Government, at least 50 percent of whose as12 signed duties include acquisitions, procurement-related 

13 program management, or procurement-related oversight 

14 functions. 

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

16 of each year, the Chief Procurement Officer shall submit 

17 to the Secretary a report on the procurement training pro18 vided under this section, which shall include information 

19 about student enrollment, students who enroll but do not 

20 attend courses, graduates, certifications, and other rel21 evant information.’’. 

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

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

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

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


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

2 OF FEDERAL ANNUITANTS FOR PROCURE3 MENT OFFICES. 

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

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

6 Office of Procurement Operations and any other 

7 procurement office within any agency or other com8 ponent of the Department; 

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

10 under a Government retirement system; 

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

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

13 and 

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

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

16 Code. 

17 (b) APPOINTMENT AUTHORITY.—The Secretary (act18 ing through the Chief Procurement Officer) may, for the 

19 purpose of supporting the Department’s acquisition capa20 bilities and enhancing contract management throughout 

21 the Department, appoint annuitants to positions in pro22 curement offices in accordance with succeeding provisions 

23 of this section, except that no authority under this sub24 section shall be available unless the Secretary provides to 

25 Congress a certification that— 


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1 (1) the Secretary has submitted a request 

2 under section 8344(i) or 8468(f) of title 5, United 

3 States Code, on or after the date of the enactment 

4 of this Act, with respect to positions in procurement 

5 offices; 

6 (2) the request described in paragraph (1) was 

7 properly filed; and 

8 (3) the Office of Personnel Management has 

9 not responded to the request described in paragraph 

10 (1), by either approving, denying, or seeking more 

11 information regarding such request, within 90 days 

12 after the date on which such request was filed. 

13 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

14 FROM OFFSET.—An appointment made under subsection 

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

16 States Code, governing appointments in the competitive 

17 service, and any annuitant serving pursuant to such an 

18 appointment shall be exempt from sections 8344 and 8468 

19 of such title 5 (relating to annuities and pay on reemploy20 ment) and any other similar provision of law under a Gov21 ernment retirement system. 

22 (d) LIMITATIONS.—No appointment under subsection 

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

24 displacement of any employee or would cause the total 

25 number of positions filled by annuitants appointed under 


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

2 on a full-time equivalent basis). 

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

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

5 not be considered an employee for purposes of any Govern6 ment retirement system. 

7 (f) TERMINATION OF AUTHORITY.—Effective 2 years 

8 after the date of the enactment of this Act— 

9 (1) all authority to make appointments under 

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

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

12 cease to be effective. 

13 SEC. 403. ADDITIONAL REQUIREMENT TO REVIEW PAST 

14 PERFORMANCE OF CONTRACTORS. 

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

16 by adding at the end the following new section: 

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

18 ‘‘(a) CONSIDERATION OF CONTRACTOR PAST PER19 FORMANCE.—In awarding a contract to a contractor, the 

20 Secretary shall consider the past performance of that con21 tractor based on the review conducted under subsection 

22 (b). 

23 ‘‘(b) REVIEW REQUIRED.—Before awarding to a con24 tractor (including a contractor that has previously pro25 vided goods or services to the Department) a contract to 


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1 provide goods or services to the Department, the Sec2 retary, acting through the appropriate contracting officer 

3 of the Department, shall require the contractor to submit 

4 past performance information regarding the contractor’s 

5 performance of Federal, State, and local government and 

6 private sector contracts. 

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

8 of any review of a contractor conducted under subsection 

9 (b), the Secretary, acting through an appropriate con10 tracting officer of the Department, shall contact the rel11 evant official who administered or oversaw each contract 

12 performed by that contractor during the five-year period 

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

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

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

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

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

17 SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN OWNER18 SHIP OR CONTROL OF CONTRACTORS AND 

19 SUBCONTRACTORS. 

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

21 respect to any procurement of goods or services by the 

22 Department of Homeland Security, the Chief Procurement 

23 Officer of the Department shall conduct an independent 

24 review of the procurement to ensure that it complies with 


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1 all relevant provisions of the Buy American Act (41 

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

3 (b) FOREIGN OWNERSHIP OR CONTROL OF CON4 TRACTORS AND SUBCONTRACTORS.— 

5 (1) DISCLOSURE OF INFORMATION.—With re6 spect to any procurement of goods or services by the 

7 Department of Homeland Security, the Secretary of 

8 Homeland Security shall require an offeror or pro9 spective offeror to disclose whether the offeror or 

10 any prospective subcontractor (at any tier) is owned 

11 or controlled by a foreign person. The Secretary 

12 shall require all offerors, prospective offerors, and 

13 contractors to update the disclosure at any time be14 fore award of the contract or during performance of 

15 the contract, if the information provided becomes in16 correct because of a change of ownership, a change 

17 in subcontractors, or for any other reason. 

18 (2) FOREIGN OWNERSHIP OR CONTROL.—In 

19 this subsection: 

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

21 foreign person’’, with respect to an offeror, con22 tractor, or subcontractor, means that a foreign 

23 person owns or controls, directly or indirectly, 

24 50 percent or more of the voting stock or other 


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1 ownership interest in the offeror, contractor, or 

2 subcontractor. 

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

4 of the following: 

5 (i) A foreign government. 

6 (ii) A corporation organized under the 

7 laws of a foreign country. 

8 (iii) An individual who is not a citizen 

9 of the United States. 

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

11 after the date of the enactment of this Act, the Sec12 retary of Homeland Security shall promulgate regu13 lations to carry out this subsection. 

14 SEC. 405. INTEGRITY IN CONTRACTING. 

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

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

17 is further amended by adding at the end the following: 

18 ‘‘SEC. 838. INTEGRITY IN CONTRACTING. 

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

20 require any offeror for any contract to provide goods or 

21 services to the Department to submit as part of the 

22 offeror’s bid for such contract an attestation that affirma23 tively discloses any substantial role the offeror, the em24 ployees of the offeror, or any corporate parent or sub25 sidiary of the offeror may have played in creating a soliciVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 tation, request for proposal, statement of work, or state2 ment of objectives (as those terms are defined in the Fed3 eral Acquisition Regulation) for the Department. 

4 ‘‘(b) ADDITIONAL REQUIREMENTS FOR CERTAIN

5 OFFERORS.—If an offeror submits an attestation under 

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

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

8 the offeror played a substantial role in creating a solicita9 tion, request for proposal, statement of work, or statement 

10 of objectives for the Department, the Secretary shall re11 quire the offeror to submit to the Secretary a description 

12 of the safeguards used to ensure that precautions were 

13 in place to prevent the offeror from receiving information 

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

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

16 ‘‘(c) CERTIFICATION REQUIREMENTS.— 

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

18 any offeror for any contract to provide goods or 

19 services to the Department to submit to the Sec20 retary as part of the offeror’s bid for such contract 

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

22 which the certification is submitted, the offeror— 

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

24 tax to the Federal Government; or 


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

2 payment of any delinquent tax. 

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

4 this section shall prevent the Department from 

5 awarding a contract to an offeror based solely on the 

6 offeror’s certification.’’. 

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

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

9 at the end of the items relating to such subtitle the fol10 lowing: 

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

11 SEC. 406. SMALL BUSINESS UTILIZATION REPORT. 

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

13 of the enactment of this Act, the Chief Procurement Offi14 cer of the Department of Homeland Security shall submit 

15 to the Secretary of Homeland Security, the Committee on 

16 Homeland Security of the House of Representatives, and 

17 the Committee on Homeland Security and Governmental 

18 Affairs of the Senate a report that— 

19 (1) identifies each component of the Depart20 ment for which the aggregate value of contracts 

21 awarded in fiscal year 2006 by the component to 

22 qualified HUBZone small business concerns and 

23 small business concerns owned and controlled by 

24 service-disabled veterans was less than 3 percent of 


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1 the total value of all contracts awarded under the 

2 component for that fiscal year; and 

3 (2) identifies each component of the Depart4 ment for which the aggregate value of contracts 

5 awarded in fiscal year 2006 by the component to so6 cially or economically disadvantaged small business 

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

8 and small business concerns owned and controlled by 

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

10 all contracts awarded by the component for that fis11 cal year. 

12 (b) ACTION PLAN.— 

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

14 90 days after the date of the submission of the re15 port required under subsection (a), the Chief Pro16 curement Officer, in consultation with Office of 

17 Small and Disadvantaged Businesses Utilization of 

18 the Department, shall for each component identified 

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

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

21 begin implementing an action plan for achieving the 

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

23 plan is not required if the component meets or ex24 ceeds the objective described in subsection (b)(2). 


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1 (2) IDENTIFICATION OF BARRIERS.—Each ac2 tion plan shall identify and describe any barriers to 

3 achieving the objectives of awarding by the compo4 nent, for a fiscal year, contracts having an aggregate 

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

6 contracts awarded by the component for the fiscal 

7 year to small business concerns identified under sub8 section (a)(1) and 5 percent of the total value of all 

9 contracts awarded by the component for the fiscal 

10 year to small business concerns identified under sub11 section (a)(2). 

12 (3) PERFORMANCE MEASURES AND TIME13 TABLE.—Each action plan submitted under para14 graph (1) shall include performance measures and a 

15 timetable for compliance and achievement of the ob16 jectives described in paragraph (2). 

17 (c) DEFINITIONS.—For purposes of this section, the 

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

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

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

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

22 business concerns’’, and ‘‘qualified HUBZone small busi23 ness concern’’ have the meanings given such terms under 

24 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 IDENTIFICATION 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 further amended by adding at the end the following new 

8 section: 

9 ‘‘SEC. 839. REQUIREMENT THAT CERTAIN ARTICLES PRO10 CURED FOR DEPARTMENT PERSONNEL BE 

11 MANUFACTURED IN THE UNITED STATES. 

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

13 (c), funds appropriated or otherwise available to the De14 partment may not be used for the procurement of an arti15 cle described in section (b) if the item is not manufactured 

16 in the United States. 

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

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

19 personnel of the Department: 

20 ‘‘(1) Uniforms. 

21 ‘‘(2) Protective gear. 

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

23 rank, office, or position of personnel. 

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 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS 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 simplified 

21 acquisition threshold (as defined in section 4 of the 

22 Office of Federal Procurement Policy Act (41 U.S.C. 

23 403)); and 

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

25 for use outside of the United States. 


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1 ‘‘(e) USE OF DOMESTIC TEXTILES.—For fiscal year 

2 2008 and each subsequent fiscal year, the Secretary shall 

3 take all available steps to ensure that, to the maximum 

4 extent practicable, the items described in subsection (b) 

5 procured by the Department are manufactured using do6 mestic textiles.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents in section 1(b) of the Homeland Security Act of 

9 2002 is amended by adding at the end of the items relat10 ing to such subtitle the following new item: 

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

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

12 section take effect 120 days after the date of the enact13 ment of this Act and apply to any contract entered into 

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

15 such amendments apply. 

16 SEC. 408. DEPARTMENT OF HOMELAND SECURITY MENTOR17 PROTE ́ GE ́ PROGRAM. 

18 (a) ESTABLISHMENT.—The Secretary of Homeland 

19 Security shall establish within the Department of Home20 land Security’s Office of Small and Disadvantaged Busi21 ness Utilization a Mentor-Prote ́ge ́ Program, which shall 

22 motivate and encourage prime contractors that are large 

23 businesses to provide developmental assistance to small 

24 business concerns, small business concerns owned and conVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 trolled by veterans, small business concerns owned and 

2 controlled by service-disabled veterans, HUBZone small 

3 business concerns, small business concerns owned by so4 cially and economically disadvantaged individuals, and 

5 small business concerns owned and controlled by women. 

6 (b) PARTICIPATION BY CONTRACTORS AND

7 OFFERORS.—The Secretary shall take affirmative steps to 

8 publicize and to ensure that Department contractors and 

9 offerors are fully aware of and are participating in the 

10 Mentor-Prote ́ge ́ Program, including that their efforts to 

11 seek and develop a formal Mentor-Prote ́ge ́ relationship will 

12 be a factor in the evaluation of bids or offers for Depart13 ment contracts. 

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

15 evaluating the offer of a contractor, the Secretary of 

16 Homeland Security shall consider, among the other factors 

17 the Secretary deems relevant, that offeror’s efforts to seek 

18 and develop a formal Mentor-Prote ́ge ́ relationship under 

19 the Mentor-Prote ́ge ́ Program. 

20 (d) REVIEW BY INSPECTOR GENERAL.—The Inspec21 tor General of the Department of Homeland Security shall 

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

23 review shall include— 

24 (1) an assessment of the program’s effective25 ness; 


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1 (2) identification of any barriers that restrict 

2 contractors from participating in the program; 

3 (3) a comparison of the program with the De4 partment of Defense Mentor-Prote ́ge ́ Program; and 

5 (4) development of recommendations to 

6 strengthen the program to include the maximum 

7 number of contractors as possible. 

8 SEC. 409. REPORT ON SOURCE OF SHORTFALLS AT FED9 ERAL PROTECTIVE SERVICE. 

10 Consistent with any applicable law, the Secretary of 

11 Homeland Security may not conduct a reduction in force 

12 or furlough of the workforce of the Federal Protective 

13 Service until— 

14 (1) the Comptroller General of the United 

15 States submits to the Committees on Homeland Se16 curity and Transportation and Infrastructure of the 

17 House of Representatives and the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate the report on the source of shortfalls at the 

20 Federal Protective Service that was requested by the 

21 Committee on Homeland Security and Governmental 

22 Affairs of the Senate; and 

23 (2) the Committee on Homeland Security and 

24 Governmental Affairs of the Senate and the Com25 mittees on Homeland Security and Transportation 


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1 and Infrastructure of the House of Representatives 

2 have conducted hearings on such report. 

3 TITLE V—WORKFORCE AND 

4 TRAINING IMPROVEMENTS 

5 SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER 

6 PAY EQUITY. 

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

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

9 means a retirement system established by law for 

10 employees of the Government of the United States. 

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

12 Officer position’’ refers to any Customs and Border 

13 Protection Officer position— 

14 (A) which is within the Department of 

15 Homeland Security, and 

16 (B) the primary duties of which consist of 

17 enforcing the border, customs, or agriculture 

18 laws of the United States; 

19 such term includes a supervisory or administrative 

20 position within the Department of Homeland Secu21 rity to which an individual transfers directly from a 

22 position described in the preceding provisions of this 

23 paragraph in which such individual served for at 

24 least three years. 


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

2 meaning given such term under the Government re3 tirement system involved. 

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

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

6 United States Code. 

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

8 service as a Customs and Border Protection Officer 

9 within the Department of Homeland Security, since 

10 its establishment in March 2003. 

11 (b) TREATMENT AS A LAW ENFORCEMENT OFFI12 CER.—In the administration of any Government retire13 ment system, service in a Customs and Border Protection 

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

15 performed in a law enforcement officer position, subject 

16 to succeeding provisions of this section. 

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

18 the case of— 

19 (1) any individual first appointed to a Customs 

20 and Border Protection Officer position on or after 

21 the date of the enactment of this Act; and 

22 (2) any individual who— 

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1 ment of this Act pursuant to an appointment 

2 made before such date; and 

3 (B) who submits to the agency admin4 istering the retirement system involved an ap5 propriate election under this section, not later 

6 than five years after the date of the enactment 

7 of this Act or before separation from Govern8 ment service, whichever is earlier. 

9 (d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR QUALI10 FIED SERVICE.— 

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

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

13 qualified service performed by such individual, con14 tribute to the Government retirement system by 

15 which such individual is covered (for deposit in the 

16 appropriate fund within the Treasury) the difference 

17 between the individual contributions that were actu18 ally made for such service and the individual con19 tributions that should have been made for such serv20 ice if subsection (b) had then been in effect (with in21 terest). 

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

23 than the full contribution under paragraph (1) is 

24 made, all prior qualified service of the individual 

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1 cer service, but the resulting annuity (before cost-of2 living adjustments) shall be reduced in a manner 

3 such that, when combined with the unpaid amount, 

4 would result in the present value of the total being 

5 actuarially equivalent to the present value of the an6 nuity that would otherwise have been payable if the 

7 full contribution had been made. 

8 (e) GOVERNMENT CONTRIBUTIONS FOR PRIOR

9 QUALIFIED SERVICE.— 

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

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

12 of Homeland Security shall remit, with respect to 

13 any prior qualified service, the total amount of addi14 tional Government contributions that would have 

15 been required for such service under the retirement 

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

17 effect (with interest). 

18 (2) CONTRIBUTIONS TO BE MADE RATABLY.— 

19 Government contributions under this subsection on 

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

21 least an annual basis) over the ten-year period be22 ginning on the date an individual’s retirement de23 ductions begin to be made. 

24 (f) EXEMPTION FROM MANDATORY SEPARATION.— 

25 Effective during the three-year period beginning on the 


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

2 shall result in any individual being involuntarily separated 

3 on account of the provisions of any retirement system re4 lating to the mandatory separation of a law enforcement 

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

6 (g) COMPTROLLER GENERAL REPORT.—The Comp7 troller General shall conduct a comprehensive review of the 

8 retirement system for law enforcement officers employed 

9 by the Federal Government. The review shall include all 

10 employees categorized as law enforcement officers for pur11 poses of retirement and any other Federal employee per12 forming law enforcement officer duties not so categorized. 

13 In carrying out the review, the Comptroller General shall 

14 review legislative proposals introduced over the 10 years 

15 preceding the date of the enactment of this Act that are 

16 relevant to the issue law enforcement retirement and con17 sult with law enforcement agencies and law enforcement 

18 employee representatives. Not later than August 1, 2007, 

19 the Comptroller General shall submit to Congress a report 

20 on the findings of such review. The report shall include 

21 each of the following: 

22 (1) An assessment of the reasons and goals for 

23 the establishment of the separate retirement system 

24 for law enforcement officers, as defined in section 

25 8331 of title 5, United States Code, including the 


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1 need for young and vigorous law enforcement offi2 cers, and whether such reasons and goals are cur3 rently appropriate. 

4 (2) An assessment of the more recent reasons 

5 given for including additional groups of employees in 

6 such system, including recruitment and retention, 

7 and whether such reasons and goals are currently 

8 appropriate. 

9 (3) A determination as to whether the system 

10 is achieving the goals in (1) and (2). 

11 (4) A summary of potential alternatives to the 

12 system, including increased use of bonuses, in13 creased pay, and raising the mandatory retirement 

14 age, and a recommendation as to which alternatives 

15 would best meet each goal defined in (1) and (2), in16 cluding legislative recommendations if necessary. 

17 (5) A recommendation for the definition of law 

18 enforcement officer. 

19 (6) An detailed review of the current system in20 cluding its mandatory retirement age and benefit ac21 crual. 

22 (7) A recommendation as to whether the law 

23 enforcement officer category should be made at the 

24 employee, function and duty, job classification, agen25 cy or other level, and by whom. 


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1 (8) Any other relevant information. 

2 (h) RULE OF CONSTRUCTION.—Nothing in this sec3 tion shall be considered to apply in the case of a reem4 ployed annuitant. 

5 (i) REGULATIONS.—Any regulations necessary to 

6 carry out this section shall be prescribed in consultation 

7 with the Secretary of Homeland Security. 

8 SEC. 502. PLAN TO IMPROVE REPRESENTATION OF MINORI9 TIES IN VARIOUS CATEGORIES OF EMPLOY10 MENT. 

11 (a) PLAN FOR IMPROVING REPRESENTATION OF MI12 NORITIES.—Not later than 90 days after the date of the 

13 enactment of this Act, the Chief Human Capital Officer 

14 of the Department of Homeland Security shall prepare 

15 and transmit to the Committee on Homeland Security and 

16 the Committee on Oversight and Government Reform of 

17 the House of Representatives, the Committee on Home18 land Security and Governmental Affairs of the Senate, 

19 and the Comptroller General of the United States a plan 

20 to achieve the objective of addressing any under represen21 tation of minorities in the various categories of civil service 

22 employment within such Department. Such plan shall 

23 identify and describe any barriers to achieving the objec24 tive described in the preceding sentence and the strategies 

25 and measures included in the plan to overcome them. 


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1 (b) ASSESSMENTS.—Not later than 1 year after re2 ceiving the plan, the Comptroller General of the United 

3 States shall assess— 

4 (1) any programs and other measures currently 

5 being implemented to achieve the objective described 

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

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

8 Department to achieve such objective. 

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

10 (1) the term ‘‘under representation’’ means 

11 when the members of a minority group within a cat12 egory of Federal civil service employment constitute 

13 a lower percentage of the total number of employees 

14 within the employment category than the percentage 

15 that the minority constitutes within the labor force 

16 of the Federal Government, according to statistics 

17 issued by the Office of Personnel Management; 

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

19 means— 

20 (A) racial and ethnic minorities; 

21 (B) women; and 

22 (C) individuals with disabilities; and 

23 (3) the term ‘‘category of civil service employ24 ment’’ means— 


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

2 classification of every pay schedule and all other 

3 levels of pay applicable to the Department of 

4 Homeland Security; and 

5 (B) such occupational, professional, or 

6 other groupings (including occupational series) 

7 as the Chief Human Capital Officer of the De8 partment of Homeland Security may specify, in 

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

10 carry out the purposes of this section. 

11 SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL 

12 LAW ENFORCEMENT TRAINING CENTER TO 

13 APPOINT AND MAINTAIN A CADRE OF FED14 ERAL ANNUITANTS. 

15 Section 1202(a) of the 2002 Supplemental Appro16 priations Act for Further Recovery From and Response 

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

18 3771 note) is amended in the first sentence by striking 

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

20 2008’’. 

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

22 OF FEDERAL ANNUITANTS FOR CUSTOMS 

23 AND BORDER PROTECTION. 

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


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

2 Customs and Border Protection; 

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

4 under a Government retirement system; 

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

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

7 and 

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

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

10 Code. 

11 (b) APPOINTMENT AUTHORITY.—The Secretary (act12 ing through the Commissioner of the United States Cus13 toms and Border Protection) may, for the purpose of ac14 celerating the ability of the CBP to secure the borders 

15 of the United States, appoint annuitants to positions in 

16 the CBP in accordance with succeeding provisions of this 

17 section, except that no authority under this subsection 

18 shall be available unless the Secretary provides to Con19 gress a certification that— 

20 (1) the Secretary has submitted a request 

21 under section 8344(i) or 8468(f) of title 5, United 

22 States Code, on or after the date of the enactment 

23 of this Act, with respect to positions in the CBP; 

24 (2) the request described in paragraph (1) was 

25 properly filed; and 


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1 (3) the Office of Personnel Management has 

2 not responded to the request described in paragraph 

3 (1), by either approving, denying, or seeking more 

4 information regarding such request, within 90 days 

5 after the date on which such request was filed. 

6 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

7 FROM OFFSET.—An appointment made under subsection 

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

9 States Code, governing appointments in the competitive 

10 service, and any annuitant serving pursuant to such an 

11 appointment shall be exempt from sections 8344 and 8468 

12 of such title 5 (relating to annuities and pay on reemploy13 ment) and any other similar provision of law under a Gov14 ernment retirement system. 

15 (d) LIMITATIONS.—No appointment under subsection 

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

17 displacement of any employee or would cause the total 

18 number of positions filled by annuitants appointed under 

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

20 on a full-time equivalent basis). 

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

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

23 not be considered an employee for purposes of any Govern24 ment retirement system. 


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1 (f) TERMINATION OF AUTHORITY.—Effective 2 years 

2 after the date of the enactment of this Act— 

3 (1) all authority to make appointments under 

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

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

6 cease to be effective. 

7 SEC. 505. STRENGTHENING BORDER PATROL RECRUIT8 MENT AND RETENTION. 

9 (a) IN GENERAL.—In order to address the recruit10 ment and retention challenges faced by United States Cus11 toms and Border Protection, the Secretary of Homeland 

12 Security shall establish a plan, consistent with existing 

13 Federal statutes and Office of Personnel Management 

14 Regulations and Guidelines applicable to pay, recruitment, 

15 relocation, and retention of Federal law enforcement offi16 cers. Such plan shall include the following components: 

17 (1) The establishment of a recruitment incen18 tive for Border Patrol agents, including the estab19 lishment of a foreign language incentive award. 

20 (2) The establishment of a retention plan, in21 cluding the payment of bonuses to Border Patrol 

22 agents for every year of service after the first two 

23 years of service. 

24 (3) An increase in the pay percentage differen25 tials to Border Patrol agents in certain high-cost 


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1 areas, as determined by the Secretary, consistent 

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

3 local law enforcement agencies. 

4 (4) The establishment of a mechanism whereby 

5 Border Patrol agents can transfer from one location 

6 to another after the first two years of service in 

7 their initial duty location. 

8 (5) The establishment of quarterly goals for the 

9 recruitment of new Border Patrol agents, including 

10 goals for the number of recruits entering Border Pa11 trol training, and the number of recruits who suc12 cessfully complete such training and become Border 

13 Patrol agents. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than the first cal16 endar quarter after the date of the enactment of this 

17 Act and every calendar quarter thereafter, the Sec18 retary of Homeland Security shall submit to the 

19 Committee on Homeland Security of the House of 

20 Representatives and the Committee on Homeland 

21 Security and Governmental Affairs of the Senate a 

22 report identifying whether the quarterly goals for 

23 the recruitment of new Border Patrol agents estab24 lished under subsection (a)(5) were met, and an upVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 date on the status of recruitment efforts and attri2 tion rates among Border Patrol agents. 

3 (2) CONTENTS OF REPORT.—The report re4 quired under paragraph (1) shall contain, at a min5 imum, the following with respect to each calendar 

6 quarter: 

7 (A) The number of recruits who enter Bor8 der Patrol training. 

9 (B) The number of recruits who success10 fully complete such training and become Border 

11 Patrol agents. 

12 (C) The number of Border Patrol agents 

13 who are lost to attrition. 

14 SEC. 506. LIMITATION ON REIMBURSEMENTS RELATING TO 

15 CERTAIN DETAILEES. 

16 In the case of an individual assigned to the Depart17 ment of Homeland Security as a detailee under an ar18 rangement described in subchapter VI of chapter 33 of 

19 title 5, United States Code, the maximum reimbursement 

20 by the Department of Homeland Security which may be 

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

22 such individual for the period of the assignment (including 

23 for any employee benefits) may not exceed the total 

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

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


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

2 of the Senior Executive Service. 

3 SEC. 507. INCREASED SECURITY SCREENING OF HOME4 LAND SECURITY OFFICIALS. 

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

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

7 Homeland Security shall conduct a Department-wide re8 view of the Department of Homeland Security security 

9 clearance and suitability review procedures for Depart10 ment employees and contractors, as well as individuals in 

11 State and local government agencies and private sector en12 tities with a need to receive classified information. 

13 (b) STRENGTHENING OF SECURITY SCREENING

14 POLICIES.— 

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

16 review conducted under subsection (a), the Secretary 

17 shall, as appropriate, take all necessary steps to 

18 strengthen the Department’s security screening poli19 cies, including consolidating the security clearance 

20 investigative authority at the headquarters of the 

21 Department. 

22 (2) ELEMENTS.—In strengthening security 

23 screening policies under paragraph (1), the Sec24 retary shall consider whether and where appropriate 

25 ensure that— 


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1 (A) all components of the Department of 

2 Homeland Security meet or exceed Federal and 

3 Departmental standards for security clearance 

4 investigations, adjudications, and suitability re5 views; 

6 (B) the Department has a cadre of well7 trained adjudicators and the Department has in 

8 place a program to train and oversee adjudica9 tors; and 

10 (C) suitability reviews are conducted for all 

11 Department of Homeland Security employees 

12 who transfer from a component of the Depart13 ment to the headquarters of the Departmental. 

14 SEC. 508. AUTHORITIES OF CHIEF SECURITY OFFICER. 

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

16 Security Act of 2002 (6 U.S.C. 341 et seq.) is further 

17 amended by adding at the end the following: 

18 ‘‘SEC. 708. CHIEF SECURITY OFFICER. 

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

20 a Chief Security Officer. 

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

22 shall— 

23 ‘‘(1) have responsibility for overall Department24 wide security activities, including issuing and confis25 cating credentials, controlling access to and disVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 posing of classified and sensitive but unclassified 

2 materials, controlling access to sensitive areas and 

3 Secured Compartmentalized Intelligence Facilities, 

4 and communicating with other government agencies 

5 on the status of security clearances and security 

6 clearance applications; 

7 ‘‘(2) ensure that each component of the Depart8 ment complies with Federal standards for security 

9 clearances and background investigations; 

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

11 that individuals in State and local government agen12 cies and private sector entities with a need to receive 

13 classified information, receive the appropriate clear14 ances in a timely fashion; and 

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

16 by the Secretary.’’. 

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 new item: 

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

20 SEC. 509. DEPARTMENTAL CULTURE IMPROVEMENT. 

21 (a) CONSIDERATION REQUIRED.—The Secretary of 

22 Homeland Security, acting through the Chief Human Cap23 ital Officer, shall consider implementing recommendations 

24 set forth in the Homeland Security Advisory Council Cul25 ture Task Force Report of January 2007. 


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

2 consideration, the Secretary, acting through the Chief 

3 Human Capital Officer, shall identify an appropriate term, 

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

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

6 the operations, policies, and programs of the Department 

7 of Homeland Security. 

8 SEC. 510. HOMELAND SECURITY EDUCATION PROGRAM EN9 HANCEMENTS. 

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

11 (6 U.S.C. 415(b)) is amended to read as follows: 

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

13 maximize efficiency and effectiveness in carrying out the 

14 Program, the Administrator shall use curricula modeled 

15 on existing Department-reviewed Master’s Degree cur16 ricula in homeland security, including curricula pending 

17 accreditation, together with associated learning materials, 

18 quality assessment tools, digital libraries, asynchronous 

19 distance learning, video conferencing, exercise systems, 

20 and other educational facilities, including the National Do21 mestic Preparedness Consortium, the National Fire Acad22 emy, and the Emergency Management Institute. The Ad23 ministrator may develop additional educational programs, 

24 as appropriate.’’. 


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1 SEC. 511. REPEAL OF CHAPTER 97 OF TITLE 5, UNITED 

2 STATES CODE. 

3 (a) REPEAL.— 

4 (1) IN GENERAL.—Effective as of the date 

5 specified in section 4 of the Homeland Security Act 

6 of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, 

7 United States Code (as added by section 841(a)(2) 

8 of such Act), section 841(b)(3) of such Act, and sub9 sections (c) and (e) of section 842 of such Act are 

10 repealed. 

11 (2) REGULATIONS.—Any regulations prescribed 

12 under authority of chapter 97 of title 5, United 

13 States Code, are void ab initio. 

14 (b) CLERICAL AMENDMENT.—The table of chapters 

15 for part III of title 5, United States Code, is amended 

16 by striking the item relating to chapter 97. 

17 SEC. 512. UTILIZATION OF NON-LAW ENFORCEMENT FED18 ERAL EMPLOYEES AS INSTRUCTORS FOR 

19 NON-LAW ENFORCEMENT CLASSES AT THE 

20 BORDER PATROL TRAINING ACADEMY. 

21 The Director of the Federal Law Enforcement Train22 ing Center (FLETC) of the Department of Homeland Se23 curity, in consultation with the Chief of the Border Patrol, 

24 is authorized to select appropriate employees of the Fed25 eral Government other than law enforcement officers (as 


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1 defined in section 8401(17) of title 5, United States Code) 

2 to serve as instructors of non-law enforcement classes. 

3 SEC. 513. TERMINATION OF EMPLOYMENT OF VOLUNTEER 

4 FIREFIGHTERS AND EMERGENCY MEDICAL 

5 PERSONNEL PROHIBITED. 

6 (a) TERMINATION PROHIBITED.— 

7 (1) IN GENERAL.—No employee may be termi8 nated, demoted, or in any other manner discrimi9 nated against in the terms and conditions of employ10 ment because such employee is absent from or late 

11 to the employee’s employment for the purpose of 

12 serving as a volunteer firefighter or providing volun13 teer emergency medical services as part of a re14 sponse to an emergency or major disaster. 

15 (2) DEPLOYMENT.—The prohibition in para16 graph (1) shall apply to an employee serving as a 

17 volunteer firefighter or providing volunteer emer18 gency medical services if such employee— 

19 (A) is specifically deployed to respond to 

20 the emergency or major disaster in accordance 

21 with a coordinated national deployment system 

22 such as the Emergency Management Assistance 

23 Compact or a pre-existing mutual aid agree24 ment; or 

25 (B) is a volunteer firefighter who— 


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1 (i) is a member of a qualified volun2 teer fire department that is located in the 

3 State in which the emergency or major dis4 aster occurred; 

5 (ii) is not a member of a qualified fire 

6 department that has a mutual aid agree7 ment with a community affected by such 

8 emergency or major disaster; and 

9 (iii) has been deployed by the emer10 gency management agency of such State to 

11 respond to such emergency or major dis12 aster. 

13 (3) LIMITATIONS.—The prohibition in para14 graph (1) shall not apply to an employee who— 

15 (A) is absent from the employee’s employ16 ment for the purpose described in paragraph 

17 (1) for more than 14 days per calendar year; 

18 (B) responds to the emergency or major 

19 disaster without being officially deployed as de20 scribed in paragraph (2); or 

21 (C) fails to provide the written verification 

22 described in paragraph (5) within a reasonable 

23 period of time. 

24 (4) WITHHOLDING OF PAY.—An employer may 

25 reduce an employee’s regular pay for any time that 


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1 the employee is absent from the employee’s employ2 ment for the purpose described in paragraph (1). 

3 (5) VERIFICATION.—An employer may require 

4 an employee to provide a written verification from 

5 the official of the Federal Emergency Management 

6 Agency supervising the Federal response to the 

7 emergency or major disaster or a local or State offi8 cial managing the local or State response to the 

9 emergency or major disaster that states— 

10 (A) the employee responded to the emer11 gency or major disaster in an official capacity; 

12 and 

13 (B) the schedule and dates of the employ14 ee’s participation in such response. 

15 (6) REASONABLE NOTICE REQUIRED.—An em16 ployee who may be absent from or late to the em17 ployee’s employment for the purpose described in 

18 paragraph (1) shall— 

19 (A) make a reasonable effort to notify the 

20 employee’s employer of such absence; and 

21 (B) continue to provide reasonable notifi22 cations over the course of such absence. 

23 (b) RIGHT OF ACTION.— 

24 (1) RIGHT OF ACTION.—An individual who has 

25 been terminated, demoted, or in any other manner 


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1 discriminated against in the terms and conditions of 

2 employment in violation of the prohibition described 

3 in subsection (a) may bring, in a district court of 

4 the United States of appropriate jurisdiction, a civil 

5 action against individual’s employer seeking— 

6 (A) reinstatement of the individual’s 

7 former employment; 

8 (B) payment of back wages; 

9 (C) reinstatement of benefits; and 

10 (D) if the employment granted seniority 

11 rights, reinstatement of seniority rights. 

12 (2) LIMITATION.—The individual shall com13 mence a civil action under this section not later than 

14 1 year after the date of the violation of the prohibi15 tion described in subsection (a). 

16 (c) STUDY AND REPORT.— 

17 (1) STUDY.—The Secretary of Labor shall con18 duct a study on the impact that the requirements of 

19 this section could have on the employers of volunteer 

20 firefighters or individuals who provide volunteer 

21 emergency medical services and who may be called 

22 on to respond to an emergency or major disaster. 

23 (2) REPORT.—Not later than 12 months after 

24 the date of the enactment of this Act, the Secretary 

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1 ducted under paragraph (1) to the Committee on 

2 Health, Education, Labor, and Pensions and the 

3 Committee on Small Business and Entrepreneurship 

4 of the Senate and the Committee on Education and 

5 the Workforce and the Committee on Small Business 

6 of the House of Representatives. 

7 (d) DEFINITIONS.—In this section— 

8 (1) the term ‘‘emergency’’ has the meaning 

9 given such term in section 102 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance 

11 Act (42 U.S.C. 5122); 

12 (2) the term ‘‘major disaster’’ has the meanings 

13 given such term in section 102 of the Robert T. 

14 Stafford Disaster Relief and Emergency Assistance 

15 Act (42 U.S.C. 5122); 

16 (3) the term ‘‘qualified volunteer fire depart17 ment’’ has the meaning given such term in section 

18 150(e) of the Internal Revenue Code of 1986; 

19 (4) the term ‘‘volunteer emergency medical 

20 services’’ means emergency medical services per21 formed on a voluntary basis for a fire department or 

22 other emergency organization; and 

23 (5) the term ‘‘volunteer firefighter’’ means an 

24 individual who is a member in good standing of a 

25 qualified volunteer fire department. 


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1 TITLE VI—BIOPREPAREDNESS 

2 IMPROVEMENTS 

3 SEC. 601. CHIEF MEDICAL OFFICER AND OFFICE OF 

4 HEALTH AFFAIRS. 

5 Section 516 of the Homeland Security Act of 2002 

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

7 ‘‘SEC. 516. CHIEF MEDICAL OFFICER. 

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

9 Chief Medical Officer, who shall be appointed by the Presi10 dent, by and with the advice and consent of the Senate, 

11 and shall have the rank and title of Assistant Secretary 

12 for Health Affairs and Chief Medical Officer (in this sec13 tion referred to as the ‘Chief Medical Officer’). 

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

15 Department an Office of Health Affairs, which shall be 

16 headed by the Chief Medical Officer. 

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

18 the Chief Medical Officer shall possess a demonstrated 

19 ability in and knowledge of medicine, public health, and 

20 the treatment of illnesses caused by chemical, biological, 

21 nuclear, and radiological agents. 

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 terrorist attacks, major disasters, and other emer2 gencies, 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 

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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 and other appropriate 

24 Federal agencies, end-to-end plans for prevention, 

25 readiness, protection, response, and recovery from 


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1 catastrophic events with human, animal, agricul2 tural, 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 to patient electronic medical records by medical 

10 personnel to aid treatment of displaced persons in 

11 such circumstance, in order to assure that actions of 

12 both Departments are combined for maximum effec13 tiveness during an emergency consistent with the 

14 National Response Plan and applicable emergency 

15 support 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 the Secretary of 

18 Homeland Security, in consultation with 

19 the Secretaries of Health and Human 

20 Services, Defense, and Agriculture, and the 

21 heads of other appropriate Federal agen22 cies, considers credible. 

23 ‘‘(iii) ORDER OF ASSESSMENTS.— 

24 ‘‘(I) GROUPINGS TO FACILITATE

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1 MEASURES.—In conducting threat as2 sessments and determinations under 

3 clause (i) of chemical, biological, radi4 ological, and nuclear agents, the Sec5 retary of Homeland Security shall, to 

6 the extent practicable and appro7 priate, consider the completion of such 

8 assessments and determinations for 

9 groups of agents toward the goal of 

10 facilitating the assessment of counter11 measures under paragraph (3) by the 

12 Secretary of Health and Human Serv13 ices. 

14 ‘‘(II) CATEGORIES OF COUNTER15 MEASURES.—The grouping of agents 

16 under subclause (I) by the Secretary 

17 of Homeland Security shall be de18 signed to facilitate assessments under 

19 paragraph (3) by the Secretary of 

20 Health and Human Services regarding 

21 the following two categories of coun22 termeasures: 

23 ‘‘(aa) Countermeasures that 

24 may address more than one 


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1 agent identified under clause 

2 (i)(II). 

3 ‘‘(bb) Countermeasures that 

4 may address adverse health con5 sequences that are common to 

6 exposure to different agents. 

7 ‘‘(III) RULE OF CONSTRUC8 TION.—A particular grouping of 

9 agents pursuant to subclause (II) is 

10 not required under such subclause to 

11 facilitate assessments of both cat12 egories of countermeasures described 

13 in such subclause. A grouping may 

14 concern one category and not the 

15 other. 

16 ‘‘(iv) DEADLINE FOR COMPLETION OF

17 CERTAIN MATERIAL THREAT DETERMINA18 TIONS.—With respect to chemical, biologi19 cal, radiological, and nuclear agents known 

20 to the Secretary of Homeland Security as 

21 of the day before the date of the enactment 

22 of this clause, and which such Secretary 

23 considers to be capable of significantly af24 fecting national security, such Secretary 

25 shall complete the determinations under 


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

2 2007. 

3 ‘‘(v) REPORT TO CONGRESS.—Not 

4 later than 30 days after the date on which 

5 the Secretary of Homeland Security com6 pletes a material threat assessment under 

7 clause (i), the Secretary shall submit to 

8 Congress a report containing the results of 

9 such assessment. 

10 ‘‘(vi) DEFINITION.—For purposes of 

11 this subparagraph, the term ‘risk assess12 ment’ means a scientific, technically-based 

13 analysis of agents that incorporates threat, 

14 vulnerability, and consequence informa15 tion.’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 521(d) of the Homeland Security Act of 2002 (6 U.S.C. 

18 321j(d)) is amended— 

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

20 inserting ‘‘2009,’’; and 

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

22 ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO23 PRIATIONS REGARDING CERTAIN THREAT ASSESS24 MENTS.—For the purpose of providing an additional 

25 amount to the Secretary to assist the Secretary in 


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1 meeting the requirements of clause (iv) of section 

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

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

4 appropriated such sums as may be necessary for fis5 cal year 2008, in addition to the authorization of ap6 propriations established in paragraph (1). The pur7 poses for which such additional amount may be ex8 pended include conducting risk assessments regard9 ing clause (i)(II) of such section when there are no 

10 existing risk assessments that the Secretary con11 siders credible.’’. 

12 SEC. 603. STUDY ON NATIONAL BIODEFENSE TRAINING. 

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

14 Security shall, in consultation with the Secretary of De15 fense and the Secretary for Health and Human Services, 

16 conduct a joint study to determine the staffing and train17 ing requirements for pending capital programs to con18 struct biodefense laboratories (including agriculture and 

19 animal laboratories) at Biosafety Level 3 and Biosafety 

20 Level 4 or to expand current biodefense laboratories to 

21 such biosafety levels. 

22 (b) ELEMENTS.—In conducting the study, the Secre23 taries shall address the following: 

24 (1) The number of trained personnel, by dis25 cipline and qualification level, required for existing 


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1 biodefense laboratories at Biosafety Level 3 and Bio2 safety Level 4, including the number trained in 

3 Good Laboratory Practices (GLP). 

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

5 including researchers, laboratory technicians, animal 

6 handlers, facility managers, facility or equipment 

7 maintainers, safety and security personnel (including 

8 biosafety, physical security, and cybersecurity per9 sonnel), and other safety personnel required to man10 age biodefense research efforts to combat bioter11 rorism at the planned biodefense laboratories de12 scribed in subsection (a). 

13 (3) The training required to provide the per14 sonnel described by paragraphs (1) and (2), includ15 ing the type of training (whether classroom, labora16 tory, or field training) required, the length of train17 ing required by discipline, and the curriculum re18 quired to be developed for such training. 

19 (4) Training schedules necessary to meet the 

20 scheduled openings of the biodefense laboratories de21 scribed in subsection (a), including schedules for re22 fresher training and continuing education that may 

23 be necessary for that purpose. 


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

2 Secretaries shall submit to Congress a report setting forth 

3 the results of the study conducted under this section. 

4 SEC. 604. NATIONAL BIOSURVEILLANCE INTEGRATION 

5 CENTER. 

6 (a) IN GENERAL.—Title III of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

8 adding at the end the following new section: 

9 ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION 

10 CENTER. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish a National Biosurveillance Integration Center (re13 ferred to in this section as the ‘NBIC’) to enhance the 

14 capability of the Federal Government to rapidly identify, 

15 characterize, and localize a biological event by integrating 

16 and analyzing data related to human health, animals, 

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

18 headed by a Director. 

19 ‘‘(b) INTEGRATED BIOSURVEILLANCE NETWORK.— 

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

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

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

23 United States or the infrastructure or key assets of the 

24 United States. The network shall— 


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1 ‘‘(1) consolidate data from all relevant surveil2 lance systems maintained by the Department and 

3 other governmental and private sources, both foreign 

4 and domestic, to the extent practicable; and 

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

6 uses the best available statistical and other analyt7 ical tools to identify and characterize biological 

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

9 ‘‘(c) RESPONSIBILITIES.— 

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

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

12 availability and appropriateness of candidate 

13 data feeds and solicit new surveillance systems 

14 with data that would enhance biological situa15 tional awareness or overall performance of the 

16 NBIC; 

17 ‘‘(B) review and seek to improve on an on18 going basis the statistical and other analytical 

19 methods used by the NBIC; 

20 ‘‘(C) establish a procedure to enable Fed21 eral, State and local government, and private 

22 sector entities to report suspicious events that 

23 could warrant further assessments by the 

24 NBIC; 


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1 ‘‘(D) receive and consider all relevant 

2 homeland security information; and 

3 ‘‘(E) provide technical assistance, as ap4 propriate, to all Federal, State, and local gov5 ernment entities and private sector entities that 

6 contribute data relevant to the operation of the 

7 NBIC. 

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

9 ‘‘(A) continuously evaluate available data 

10 for evidence of a biological event; and 

11 ‘‘(B) integrate homeland security informa12 tion with NBIC data to provide overall biologi13 cal situational awareness and determine wheth14 er a biological event has occurred. 

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

16 shall— 

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

18 communication with the National Operations 

19 Center; 

20 ‘‘(B) provide integrated information to the 

21 heads of the departments and agencies with 

22 which the Director has entered into an agree23 ment under subsection (d); 

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

25 National Operations Center, and the heads of 


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1 appropriate Federal, State, tribal, and local en2 tities of any significant biological event identi3 fied by the NBIC; 

4 ‘‘(D) provide reports on NBIC assessments 

5 to Federal, State, and local government entities, 

6 including departments and agencies with which 

7 the Director has entered into an agreement 

8 under subsection (d), and any private sector en9 tities, as considered appropriate by the Direc10 tor; and 

11 ‘‘(E) use information sharing networks 

12 available to the Department for distributing 

13 NBIC incident or situational awareness reports. 

14 ‘‘(d) INTERAGENCY AGREEMENTS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall, where 

16 feasible, enter into agreements with the heads of ap17 propriate Federal departments and agencies, includ18 ing the Department of Health and Human Services, 

19 Department of Defense, the Department of Agri20 culture, the Department of State, the Department of 

21 Interior, and the Intelligence Community. 

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

23 agreement entered into under paragraph (1), the 

24 head of a Federal department or agency shall agree 

25 to— 


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

2 or agency to integrate biosurveillance informa3 tion capabilities through NBIC; 

4 ‘‘(B) provide timely, evaluated information 

5 to assist the NBIC in maintaining biological sit6 uational awareness for timely and accurate de7 tection and response purposes; 

8 ‘‘(C) provide connectivity for the bio9 surveillance data systems of the department or 

10 agency to the NBIC network under mutually 

11 agreed protocols; 

12 ‘‘(D) detail, if practicable, to the NBIC de13 partment or agency personnel with relevant ex14 pertise in human, animal, plant, food, or envi15 ronmental disease analysis and interpretation; 

16 ‘‘(E) retain responsibility for the surveil17 lance and intelligence systems of that depart18 ment or agency, if applicable; and 

19 ‘‘(F) participate in forming the strategy 

20 and policy for the operation and information 

21 sharing practices of the NBIC. 

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

23 shall ensure that the Director is notified of homeland secu24 rity information relating to any significant biological 


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1 threat and receives all classified and unclassified reports 

2 related to such a threat in a timely manner. 

3 ‘‘(f) ADMINISTRATIVE AUTHORITIES.— 

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

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

6 health authority; 

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

8 any applicable requirements of the Health In9 surance Portability and Accountability Act of 

10 1996; and 

11 ‘‘(C) ensure that all applicable privacy reg12 ulations are strictly adhered to in the operation 

13 of the NBIC and the sharing of any informa14 tion related to the NBIC. 

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

16 NBIC, as a public health authority with a public 

17 health mission, is authorized to collect or receive 

18 health information, including such information pro19 tected under the Health Insurance Portability and 

20 Accountability Act of 1996, for the purpose of pre21 venting or controlling disease, injury, or disability. 

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

23 Director shall— 

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

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1 rector on recommendations to enhance the bio2 surveillance capabilities of the Department; and 

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

4 conduct biosurveillance programs, including officials 

5 of the departments and agencies with which the Sec6 retary has entered into an agreement under sub7 section (d), to participate in the working group. 

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

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

10 Congress a report that contains each of the following: 

11 ‘‘(1) A list of departments, agencies, and pri12 vate or nonprofit entities participating in the NBIC 

13 and a description of the data that each entity has 

14 contributed to the NBIC during the preceding fiscal 

15 year. 

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

17 relevant biosurveillance information not received by 

18 the NBIC as of the date on which the report is sub19 mitted. 

20 ‘‘(3) A list of Federal, State, and local govern21 ment entities and private sector entities that have 

22 direct or indirect access to the information that is 

23 integrated by the NBIC. 

24 ‘‘(4) For any year before the NBIC is fully im25 plemented or any year in which any major structural 


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1 or institutional change is made to the NBIC, an im2 plementation plan for the NBIC that includes cost, 

3 schedule, key milestones, and the status of such 

4 milestones. 

5 ‘‘(i) RELATIONSHIP TO OTHER DEPARTMENTS AND

6 AGENCIES.—The authority of the Secretary under this 

7 section shall not affect an authority or responsibility of 

8 any other Federal department or agency with respect to 

9 biosurveillance activities under any program administered 

10 by that department or agency. 

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

12 are authorized to be appropriated to carry out this section 

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

14 ‘‘(k) BIOLOGICAL EVENT.—For purposes of this sec15 tion, the term ‘biological event’ means— 

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

17 agents or toxins of known or unknown origin; or 

18 ‘‘(2) a naturally occurring outbreak of an infec19 tious disease that may be of potential national sig20 nificance.’’. 

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

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

23 the items relating to such title the following: 

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

24 (c) DEADLINE FOR IMPLEMENTATION.—The Na25 tional Biosurveillance Integration Center required under 


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

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

3 later than September 30, 2008. 

4 SEC. 605. RISK ANALYSIS PROCESS AND INTEGRATED CBRN 

5 RISK ASSESSMENT. 

6 (a) IN GENERAL.—Title III of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 

8 by adding at the end the following: 

9 ‘‘SEC. 317. RISK ANALYSIS PROCESS AND INTEGRATED 

10 CBRN RISK ASSESSMENT. 

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

12 develop a risk analysis process that utilizes a scientific, 

13 quantitative methodology to assess and manage risks 

14 posed by chemical, biological, radiological, and nuclear 

15 (CBRN) agents. 

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

17 Secretary shall use the process developed under subsection 

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

19 integration of chemical, biological, radiological, and nu20 clear agents. 

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

22 process developed under subsection (a) and the integrated 

23 risk assessment conducted under subsection (b) shall be 

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1 gate those risks, and guide resource allocation. Such risk 

2 analysis shall— 

3 ‘‘(1) facilitate satisfaction of the requirements 

4 of section 602; 

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

6 and deployment of applicable countermeasures, in7 cluding detection systems; 

8 ‘‘(3) identify key knowledge gaps or 

9 vulnerabilities in the CBRN defense posture of the 

10 Department; 

11 ‘‘(4) enable rebalancing and refining of invest12 ments within individual classes of threat agents as 

13 well as across such classes; and 

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

15 overall CBRN defense policy of the Department, 

16 taking into account the full spectrum of counter17 measures available, including prevention, prepared18 ness, planning, response and recovery activities, to 

19 better steer investments to strategies with the great20 est potential for mitigating identified risks. 

21 ‘‘(d) RISK INFORMATION.— 

22 ‘‘(1) CLASSES OF THREAT AGENTS.—In devel23 oping the risk analysis process under subsection (a) 

24 and conducting the risk assessment under subsection 


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

2 following classes of threats: 

3 ‘‘(A) Chemical threats, including— 

4 ‘‘(i) toxic industrial materials and 

5 chemicals; 

6 ‘‘(ii) traditional chemical warfare 

7 agents; and 

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

9 are defined as novel chemical threat agents 

10 or toxicants requiring adapted counter11 measures. 

12 ‘‘(B) Biological threats, including— 

13 ‘‘(i) traditional agents listed by the 

14 Centers of Disease Control and Prevention 

15 as Category A, B, and C pathogens and 

16 toxins; 

17 ‘‘(ii) enhanced agents, which are de18 fined as traditional agents that have been 

19 modified or selected to enhance their abil20 ity to harm human populations or cir21 cumvent current countermeasures; 

22 ‘‘(iii) emerging agents, which are de23 fined as previously unrecognized pathogens 

24 that may be naturally occurring and 


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1 present a serious risk to human popu2 lations; and 

3 ‘‘(iv) advanced or engineered agents, 

4 which are defined as novel pathogens or 

5 other materials of biological nature that 

6 have been artificially engineered in the lab7 oratory to bypass traditional counter8 measures or produce a more severe or oth9 erwise enhanced spectrum of disease. 

10 ‘‘(C) Nuclear and radiological threats, in11 cluding fissile and other radiological material 

12 that could be incorporated into an improvised 

13 nuclear device or a radiological dispersal device 

14 or released into a wide geographic area by dam15 age to a nuclear reactor. 

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

17 food and water supplies. 

18 ‘‘(E) Other threat agents the Secretary de19 termines appropriate. 

20 ‘‘(2) SOURCES.—The risk analysis process de21 veloped under subsection (a) shall be informed by 

22 findings of the intelligence and law enforcement 

23 communities and integrated with expert input from 

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1 nities, including from relevant components of the 

2 Department and other Federal agencies. 

3 ‘‘(3) DATA QUALITY, SPECIFICITY, AND CON4 FIDENCE.—In developing the risk analysis process 

5 under subsection (a), the Secretary shall consider 

6 the degree of uncertainty and variability in the avail7 able scientific information and other information 

8 about the classes of threat agents under paragraph 

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

10 the ability of the risk analysis process developed by 

11 the Secretary to address areas of large degrees of 

12 uncertainty. 

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

14 frequently and systematically update the risk assess15 ment conducted under subsection (b), as needed, to 

16 incorporate emerging intelligence information or 

17 technological changes in order to keep pace with 

18 evolving threats and rapid scientific advances. 

19 ‘‘(e) METHODOLOGY.—The risk analysis process de20 veloped by the Secretary under subsection (a) shall— 

21 ‘‘(1) consider, as variables— 

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

23 of attack that might be attempted; 

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

25 attacker would succeed; and 


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

2 an attack; 

3 ‘‘(2) evaluate the consequence component of 

4 risk as it relates to mortality, morbidity, and eco5 nomic effects; 

6 ‘‘(3) allow for changes in assumptions to evalu7 ate a full range of factors, including technological, 

8 economic, and social trends, which may alter the fu9 ture security environment; 

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

11 to address high degrees of uncertainty associated 

12 with the risk analyses of certain CBRN agents; 

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

14 vulnerabilities an adversary may discover and exploit 

15 in technology, training, and operational procedures 

16 and to identify open-source information that could 

17 be used by those attempting to defeat the counter18 measures; and 

19 ‘‘(6) incorporate an interactive interface that 

20 makes results and limitations transparent and useful 

21 to decision makers for identifying appropriate risk 

22 management activities. 

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

24 that all risk analysis activities with respect to radiological 


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1 or nuclear materials shall be conducted in coordination 

2 with the Domestic Nuclear Detection Office. 

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

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

5 2008, the Secretary shall complete the first formal, 

6 integrated, CBRN risk assessment required under 

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

8 summarizing the findings of such assessment and 

9 identifying improvements that could be made to en10 hance the transparency and usability of the risk 

11 analysis process developed under subsection (a). 

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

13 shall submit to Congress updates to the findings and 

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

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

16 initial report is submitted. Such updates shall reflect 

17 improvements in the risk analysis process developed 

18 under subsection (a).’’. 

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 such title the following: 

‘‘Sec. 317. Risk analysis process and integrated CBRN risk assessment.’’. 


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1 TITLE VII—HOMELAND SECU2 RITY CYBERSECURITY IM3 PROVEMENTS 

4 SEC. 701. CYBERSECURITY AND COMMUNICATIONS. 

5 (a) IN GENERAL.—Subtitle C of title II of the Home6 land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend7 ed by adding at the end the following new section: 

8 ‘‘SEC. 226. OFFICE OF CYBERSECURITY AND COMMUNICA9 TIONS. 

10 ‘‘(a) IN GENERAL.—There shall be within the De11 partment of Homeland Security an Office of Cybersecurity 

12 and Communications, which shall be headed by the Assist13 ant Secretary for Cybersecurity and Communications. 

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

15 Assistant Secretary shall assist the Secretary in carrying 

16 out the responsibilities of the Department regarding 

17 cybersecurity and communications. 

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

19 shall be responsible for overseeing preparation, situational 

20 awareness, response, reconstitution, and mitigation nec21 essary for cybersecurity and to protect communications 

22 from terrorist attacks, major disasters, and other emer23 gencies, including large-scale disruptions, and shall con24 duct the following activities to execute those responsibil25 ities: 


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1 ‘‘(1) PREPARATION AND SITUATIONAL AWARE2 NESS.— 

3 ‘‘(A) Establish and maintain a capability 

4 within the Department for ongoing activities to 

5 identify threats to critical information infra6 structure to aid in detection of vulnerabilities 

7 and warning of potential acts of terrorism and 

8 other attacks. 

9 ‘‘(B) Conduct risk assessments on critical 

10 information infrastructure with respect to acts 

11 of terrorism and other large-scale disruptions, 

12 identify and prioritize vulnerabilities in critical 

13 information infrastructure, and coordinate the 

14 mitigation of such vulnerabilities. 

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

16 of critical information operations in the event of 

17 a cyber attack or other large-scale disruption of 

18 the information infrastructure of the United 

19 States. 

20 ‘‘(D) Oversee an emergency communica21 tions system in the event of an act of terrorism 

22 or other large-scale disruption of the informa23 tion infrastructure of the United States. 

24 ‘‘(2) RESPONSE AND RECONSTITUTION.— 


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1 ‘‘(A) Define what qualifies as a cyber inci2 dent of national significance for purposes of the 

3 National Response Plan. 

4 ‘‘(B) Ensure that the Department’s prior5 ities, procedures, and resources are in place to 

6 reconstitute critical information infrastructures 

7 in the event of an act of terrorism or other 

8 large-scale disruption. 

9 ‘‘(3) MITIGATION.— 

10 ‘‘(A) Develop a national cybersecurity 

11 awareness, training, and education program 

12 that promotes cybersecurity awareness within 

13 the Federal Government and throughout the 

14 Nation. 

15 ‘‘(B) Consult and coordinate with the 

16 Under Secretary for Science and Technology on 

17 cybersecurity research and development to 

18 strengthen critical information infrastructure 

19 against acts of terrorism and other large-scale 

20 disruptions. 

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

22 information infrastructure’ means systems and assets, 

23 whether physical or virtual, used in processing, transfer24 ring, and storing information so vital to the United States 

25 that the incapacity or destruction of such systems and asVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 sets would have a debilitating impact on security, national 

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

3 combination of those matters.’’. 

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

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

6 end of the items relating to subtitle C of title II the fol7 lowing: 

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

8 SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

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

10 and Technology shall support research, development, test11 ing, evaluation, and transition of cybersecurity technology, 

12 including fundamental, long-term research to improve the 

13 ability of the United States to prevent, protect against, 

14 detect, respond to, and recover from acts of terrorism and 

15 cyber attacks, with emphasis on research and development 

16 relevant to large-scale, high-impact attacks. 

17 (b) ACTIVITIES.—The research and development sup18 ported under subsection (a) shall include work to— 

19 (1) advance the development and accelerate the 

20 deployment of more secure versions of fundamental 

21 Internet protocols and architectures, including for 

22 the domain name system and routing protocols; 

23 (2) improve and create technologies for detect24 ing attacks or intrusions, including monitoring tech25 nologies; 


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1 (3) improve and create mitigation and recovery 

2 methodologies, including techniques for containment 

3 of attacks and development of resilient networks and 

4 systems that degrade gracefully; 

5 (4) develop and support infrastructure and tools 

6 to support cybersecurity research and development 

7 efforts, including modeling, testbeds, and data sets 

8 for assessment of new cybersecurity technologies; 

9 (5) assist the development and support of tech10 nologies to reduce vulnerabilities in process control 

11 systems (PCS); and 

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

13 technologies associated with the engineering of less 

14 vulnerable software and securing the IT software de15 velopment lifecycle. 

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

17 Under Secretary for Science and Technology shall coordi18 nate activities with— 

19 (1) the Assistant Secretary for Cybersecurity 

20 and Communications; and 

21 (2) other Federal agencies, including the Na22 tional Science Foundation, the Defense Advanced 

23 Research Projects Agency, the Information Assur24 ance Directorate of the National Security Agency, 

25 the National Institute of Standards and Technology, 


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1 the Department of Commerce, and other appropriate 

2 working groups established by the President to iden3 tify unmet needs and cooperatively support activi4 ties, as appropriate. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

6 amount authorized by section 101, there is authorized to 

7 be appropriated for the Department of Homeland Security 

8 for fiscal year 2008, $50,000,000, for the cybersecurity 

9 research and development activities of the Directorate for 

10 Science and Technology to prevent, detect, and respond 

11 to acts of terrorism and other large-scale disruptions to 

12 information infrastructure. 

13 SEC. 703. COLLABORATION. 

14 In carrying out this title, the Assistant Secretary of 

15 Homeland Security for Cybersecurity and Communica16 tions shall collaborate with any Federal entity that, under 

17 law, has authority over the activities set forth in this title. 

18 TITLE VIII—SCIENCE AND 

19 TECHNOLOGY IMPROVEMENTS 

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

21 Not later than 120 days after the date of enactment 

22 of this Act, the Under Secretary for Science and Tech23 nology shall transmit to Congress the strategic plan de24 scribed in section 302(2) of the Homeland Security Act 

25 of 2002 (6 U.S.C. 182(2)). In addition to the requireVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 ments described in that section 302(2), the strategic plan 

2 transmitted under this section shall include— 

3 (1) a strategy to enhance the Directorate for 

4 Science and Technology workforce, including edu5 cation and training programs, improving morale, 

6 minimizing turnover, strengthening workforce re7 cruitment, and securing institutional knowledge; 

8 (2) the Department policy describing the proce9 dures by which the Directorate for Science and 

10 Technology hires and administers assignments to in11 dividuals assigned to the Department as detailees 

12 under an arrangement described in subchapter VI of 

13 chapter 33 of title 5, United States Code; 

14 (3) the Department policy governing the re15 sponsibilities of the Under Secretary for Science and 

16 Technology, the Under Secretary for Policy, and the 

17 Under Secretary for Management, and the oper18 ational components of the Department regarding re19 search, development, testing, evaluation, and pro20 curement of homeland security technologies; 

21 (4) a description of the methodology by which 

22 research, development, testing, and evaluation is 

23 prioritized and funded by the Directorate for Science 

24 and Technology; 


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1 (5) a description of the performance measure2 ments to be used or a plan to develop performance 

3 measurements that can be used to annually evaluate 

4 the Directorate for Science and Technology’s activi5 ties, mission performance, and stewardship of re6 sources; 

7 (6) a plan for domestic and international co8 ordination of all related programs and activities 

9 within the Department and throughout Federal 

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

11 emergency responder community, industry, and aca12 demia; 

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

14 National Laboratories, the process for allocating 

15 funding to the National Laboratories, and a plan for 

16 fulfilling existing National Laboratory infrastructure 

17 commitments to maintain current capabilities and 

18 meet mission needs; and 

19 (8) a strategy for the Homeland Security Ad20 vanced Research Projects Agency that includes— 

21 (A) a mission statement; 

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

23 risk and high payoff research, development, 

24 test, and evaluation strategy; and 


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1 (C) internal policies designed to encourage 

2 innovative solutions. 

3 SEC. 802. CENTERS OF EXCELLENCE PROGRAM. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

5 amount authorized by section 101, there is authorized to 

6 be appropriated to the Secretary of Homeland Security for 

7 carrying out the Centers of Excellence Program 

8 $31,000,000 for fiscal year 2008 such that each center 

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

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

11 2007. 

12 (b) MINORITY SERVING INSTITUTIONS PROGRAM.— 

13 Of the amount authorized by section 101, there is author14 ized to be appropriated to the Secretary of Homeland Se15 curity for carrying out the Minority Serving Institutions 

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

17 (c) CENTERS OF EXCELLENCE PROGRAM PARTICIPA18 TION.— 

19 (1) REQUIREMENT.—If, by the date of the en20 actment of this Act, the Secretary of Homeland Se21 curity has not selected a Minority Serving Institu22 tion to participate as a Center of Excellence under 

23 the Department of Homeland Security Centers of 

24 Excellence Program, at least one of the next four 

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1 actment of this Act shall be an otherwise eligible ap2 plicant that is a Minority Serving Institution. 

3 (2) MINORITY SERVING INSTITUTION DE4 FINED.—In this subsection the term ‘‘Minority Serv5 ing Institution’’ means— 

6 (A) an historically black college or univer7 sity that receives assistance under part B of 

8 title III of the Higher Education Act of 1965 

9 (20 U.S.C. 106 et seq.); 

10 (B) an Hispanic-serving institution (as 

11 that term is defined in section 502 of the High12 er Education Act of 1965 (20 U.S.C. 1101a); 

13 or 

14 (C) a tribally controlled college or univer15 sity (as that term is defined in section 2 of the 

16 Tribally Controlled College or University Assist17 ance Act of 1978 (25 U.S.C. 1801)). 

18 SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNI19 VERSITY PROGRAMS. 

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

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

22 and Technology of the Department of Homeland Security 

23 shall seek to enter into an agreement with the National 

24 Research Council of the National Academy of Sciences to 

25 conduct a study to assess the University Programs of the 


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1 Department, with an emphasis on the Centers of Excel2 lence Program and the future plans for these programs, 

3 and make recommendations for appropriate improve4 ments. 

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

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

7 support the homeland security mission, and criteria 

8 that should be utilized to determine those key areas 

9 for which the Department should maintain or estab10 lish Centers of Excellence; 

11 (2) a review of selection criteria and weighting 

12 of such criteria for Centers of Excellence; 

13 (3) an examination of the optimal role of Cen14 ters of Excellence in supporting the mission of the 

15 Directorate of Science and Technology and the most 

16 advantageous relationship between the Centers of 

17 Excellence and the Directorate and the Department 

18 components the Directorate serves; 

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

20 Centers of Excellence should be awarded funding 

21 and the frequency of the review cycle in order to 

22 maintain such funding, particularly given their focus 

23 on basic, long term research; 

24 (5) identification of the most appropriate review 

25 criteria and metrics to measure demonstrable 


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1 progress, and mechanisms for delivering and dis2 seminating the research results of established Cen3 ters of Excellence within the Department, and to 

4 other Federal, State, and local agencies; 

5 (6) an examination of the means by which aca6 demic institutions that are not designated or associ7 ated with Centers of Excellence can optimally con8 tribute to the research mission of the Directorate; 

9 (7) an assessment of the interrelationship be10 tween the different University Programs; and 

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

12 the University Programs to be determined in the 

13 conduct of the study. 

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

15 Technology shall transmit a report containing the results 

16 of the study and recommendations required by subsection 

17 (a) and the Under Secretary’s response to the rec18 ommendations, to the appropriate Congressional commit19 tees not later than 24 months after the date of enactment 

20 of this Act. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

22 amount authorized in section 101, there is authorized to 

23 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 application 


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1 of the litigation and risk management provisions of 

2 the SAFETY Act to antiterrorism technologies pro3 cured 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.—Title III of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 181 et seq.) is further amended 

21 by adding at the end the following: 

22 ‘‘SEC. 319. 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 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS 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 is authorized to 

20 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, subject to the availability of appropria8 tions for such purpose, be credited to appropriate current 

9 appropriations accounts of the Directorate of Science and 

10 Technology. 

11 ‘‘(f) REPORT TO CONGRESS ON INTERNATIONAL CO12 OPERATIVE ACTIVITIES.— 

13 ‘‘(1) INITIAL REPORT.—Not later than 180 

14 days after the date of enactment of this section, the 

15 Under Secretary, acting through the Director, shall 

16 transmit to the Congress a report containing— 

17 ‘‘(A) a brief description of each partner18 ship formed under subsection (b)(4), including 

19 the participants, goals, and amount and sources 

20 of funding; and 

21 ‘‘(B) a list of international cooperative ac22 tivities underway, including the participants, 

23 goals, expected duration, and amount and 

24 sources of funding, including resources provided 


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1 to support the activities in lieu of direct fund2 ing. 

3 ‘‘(2) UPDATES.—At the end of the fiscal year 

4 that occurs 5 years after the transmittal of the re5 port under subsection (a), and every 5 years there6 after, the Under Secretary, acting through the Di7 rector, shall transmit to the Congress an update of 

8 the report required under subsection (a).’’. 

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

10 for the Homeland Security Act of 2002 is further amended 

11 by adding at the end of the items relating to such title 

12 the following new item: 

‘‘Sec. 319. Promoting antiterrorism through international cooperation program.’’. 

13 SEC. 806. AVAILABILITY OF TESTING FACILITIES AND 

14 EQUIPMENT. 

15 (a) AUTHORITY.—The Under Secretary for Science 

16 and Technology or his designee may make available to any 

17 person or entity, for an appropriate fee, the services of 

18 any Department of Homeland Security owned and oper19 ated center, or other testing facility for the testing of ma20 terials, equipment, models, computer software, and other 

21 items designed to advance the homeland security mission. 

22 (b) INTERFERENCE WITH FEDERAL PROGRAMS.— 

23 The Under Secretary for Science and Technology shall en24 sure that the testing of materiel and other items not 


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1 owned by the Government shall not cause government per2 sonnel or other government resources to be diverted from 

3 scheduled tests of Government materiel or otherwise inter4 fere with Government mission requirements. 

5 (c) CONFIDENTIALITY OF TEST RESULTS.—The re6 sults of tests performed with services made available under 

7 subsection (a) and any associated data provided by the 

8 person or entity for the conduct of such tests are trade 

9 secrets or commercial or financial information that is priv10 ileged or confidential within the meaning of section 

11 552b(4) of title 5, United States Code, and may not be 

12 disclosed outside the Federal Government without the con13 sent of the person or entity for whom the tests are per14 formed. 

15 (d) FEES.—The fees for exercising the authorities 

16 under subsection (a) may not exceed the amount necessary 

17 to recoup the direct and indirect costs involved, such as 

18 direct costs of utilities, contractor support, and salaries 

19 of personnel that are incurred by the United States to pro20 vide for the testing. 

21 (e) USE OF FEES.—The fees for exercising the au22 thorities under subsection (a) shall be credited to the ap23 propriations or other funds of the Directorate of Science 

24 and Technology. 


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1 (f) OPERATIONAL PLAN.—Not later than 90 days 

2 after the date of the enactment of this Act, the Under 

3 Secretary for Science and Technology shall submit to Con4 gress a report detailing a plan for operating a program 

5 that would allow any person or entity, for an appropriate 

6 feel, to use any center or testing facility owned and oper7 ated by the Department of Homeland Security for testing 

8 of materials, equipment, models, computer software, and 

9 other items designed to advance the homeland security 

10 mission. The plan shall include— 

11 (1) a list of the facilities and equipment that 

12 could be made available to such persons or entities; 

13 (2) a five-year budget plan, including the costs 

14 for facility construction, staff training, contract and 

15 legal fees, equipment maintenance and operation, 

16 and any incidental costs associated with the pro17 gram; 

18 (3) A five-year estimate of the number of users 

19 and fees to be collected; 

20 (4) a list of criteria for selecting private-sector 

21 users from a pool of applicants, including any spe22 cial requirements for foreign applicants; and 

23 (5) an assessment of the effect the program 

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1 ity to meet its obligations under other Federal pro2 grams. 

3 (g) REPORT TO CONGRESS.—The Under Secretary 

4 for Science and Technology shall submit to Congress an 

5 annual report containing a list of the centers and testing 

6 facilities that have collected fees under this section, the 

7 amount of fees collected, a brief description of each part8 nership formed under this section, and the purpose for 

9 which the testing was conducted. 

10 (h) GAO.—Not later than two years after the date 

11 of the enactment of this Act, the Comptroller General shall 

12 submit to Congress an assessment of the implementation 

13 of this section. 

14 TITLE IX—BORDER SECURITY 

15 IMPROVEMENTS 

16 SEC. 901. US–VISIT. 

17 (a) IN GENERAL.—Not later than 7 days after the 

18 date of the enactment of this Act, the Secretary of Home19 land Security shall submit to the Committee on Homeland 

20 Security of the House of Representatives and the Com21 mittee on Homeland Security and Governmental Affairs 

22 of the Senate, the comprehensive strategy required by sec23 tion 7208 of the Intelligence Reform and Terrorism Pre24 vention Act of 2004 for the biometric entry and exit data 

25 system (commonly referred to as the United States Visitor 


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1 and Immigrant Status Indicator Technology program or 

2 US–VISIT) established under the section and other laws 

3 described in subsection (b) of such section. The com4 prehensive strategy shall include an action plan for full 

5 implementation of the biometric exit component of US– 

6 VISIT, as required under subsection (d) of section 7208 

7 of such Act. 

8 (b) CONTENTS.—The comprehensive strategy and ac9 tion plan referred to in subsection (a) shall, at a minimum, 

10 include the following: 

11 (1) An explanation of how US–VISIT will allow 

12 law enforcement officials to identify individuals who 

13 overstay their visas. 

14 (2) A description of biometric pilot projects, in15 cluding the schedule for testing, locations, cost esti16 mates, resources needed, and performance measures. 

17 (3) An implementation schedule for deploying 

18 future biometric exit capabilities at all air, land, and 

19 sea ports of entry. 

20 (4) The actions the Secretary plans to take to 

21 accelerate the full implementation of the biometric 

22 exit component of US–VISIT at all air, land, and 

23 sea ports of entry. 

24 (c) AIRPORT AND SEAPORT EXIT IMPLEMENTA25 TION.—Not later than December 31, 2008, the Secretary 


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1 of Homeland Security shall complete the exit portion of 

2 the biometric entry and exit data system referred to in 

3 subsection (a) for aliens arriving in or departing from the 

4 United States at an airport or seaport. 

5 (d) PROHIBITION ON TRANSFER.—The Secretary of 

6 Homeland Security shall not transfer to the National Pro7 tection and Programs Directorate of the Department of 

8 Homeland Security the office of the Department that car9 ries out the biometric entry and exit data system referred 

10 to in subsection (a) until the Secretary submits to the 

11 committees specified in such subsection the action plan re12 ferred to in such subsection for full implementation of the 

13 biometric exit component of US-VISIT at all ports of 

14 entry. 

15 SEC. 902. SHADOW WOLVES PROGRAM. 

16 Of the amount authorized by section 101, there is 

17 authorized to be appropriated $4,100,000 for fiscal year 

18 2008 for the Shadow Wolves program. 

19 SEC. 903. COST-EFFECTIVE TRAINING FOR BORDER PA20 TROL AGENTS. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity shall take such steps as may be necessary to control 

23 the costs of hiring, training, and deploying new Border 

24 Patrol agents, including— 


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1 (1) permitting individuals who are in training 

2 to become Border Patrol agents to waive certain 

3 course requirements of such training if such individ4 uals have earlier satisfied such requirements in a 

5 similar or comparable manner as determined by the 

6 Secretary; and 

7 (2) directing the Office of Inspector General to 

8 conduct a review of the costs and feasibility of train9 ing new Border Patrol agents at Federal training 

10 centers, including the Federal Law Enforcement 

11 Training Center facility in Charleston, South Caro12 lina, and the HAMMER facility in Hanford, Wash13 ington, and at training facilities operated by State 

14 and local law enforcement academies, non-profit en15 tities, and private entities, including institutions in 

16 the southwest border region, as well as the use of all 

17 of the above to conduct portions of such training. 

18 (b) LIMITATION ON PER-AGENT COST OF TRAIN19 ING.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary shall take such steps as 

22 may be necessary to ensure that the fiscal year 2008 

23 per-agent cost of hiring, training, and deploying 

24 each new Border Patrol agent does not exceed 

25 $150,000. 


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1 (2) EXCEPTION AND CERTIFICATION.—If the 

2 Secretary determines that the per-agent cost re3 ferred to in paragraph (1) exceeds $150,000, the 

4 Secretary shall promptly submit to the Committee 

5 on Homeland Security of the House of Representa6 tives and the Committee on Homeland Security and 

7 Governmental Affairs of the Senate a certification 

8 explaining why such per-agent cost exceeds such 

9 amount. 

10 SEC. 904. REPORT ON IMPLEMENTATION OF THE STUDENT 

11 AND EXCHANGE VISITOR PROGRAM. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Comptroller General shall submit 

14 to the appropriate congressional committees a report to 

15 update the Government Accountability Office report of 

16 June 18, 2004, GAO–04–690, on the Student and Ex17 change Visitor Program (referred to in this section as 

18 ‘‘SEVP’’) and specifically the Student and Exchange Vis19 itor Information System (referred to in this section as 

20 ‘‘SEVIS’’). The report shall include the following informa21 tion: 

22 (1) The rate of compliance with the current 

23 SEVIS requirements by program sponsors and edu24 cational institutions, including non-academic institu25 tions authorized to admit students under SEVIS. 


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1 (2) Whether there are differences in compliance 

2 rates among different types and sizes of institutions 

3 participating in SEVIS. 

4 (3) Whether SEVIS adequately ensures that 

5 each covered foreign student or exchange visitor in 

6 nonimmigrant status is, in fact, actively partici7 pating in the program for which admission to the 

8 United States was granted. 

9 (4) Whether SEVIS includes data fields to en10 sure that each covered foreign student or exchange 

11 visitor in nonimmigrant status is meeting minimum 

12 academic or program standards and that major 

13 courses of study are recorded, especially those that 

14 may be of national security concern. 

15 (5) Whether the Secretary of Homeland Secu16 rity provides adequate access, training, and technical 

17 support to authorized users from the sponsoring pro18 grams and educational institutions in which covered 

19 foreign students and exchange visitors in a non20 immigrant status are enrolled. 

21 (6) Whether each sponsoring program or edu22 cational institution participating in SEVP has des23 ignated enough authorized users to comply with 

24 SEVIS requirements. 


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1 (7) Whether authorized users at program spon2 sors or educational institutions are adequately vetted 

3 and trained. 

4 (8) Whether the fees collected are adequate to 

5 support SEVIS. 

6 (9) Whether there any new authorities, capabili7 ties, or resources needed for SEVP and SEVIS to 

8 fully perform. 

9 SEC. 905. ASSESSMENT OF RESOURCES NECESSARY TO RE10 DUCE CROSSING TIMES AT LAND PORTS OF 

11 ENTRY. 

12 The Secretary of Homeland Security shall, not later 

13 than 180 days after the date of the enactment of this Act, 

14 conduct an assessment, and submit a report to the Con15 gress, on the personnel, infrastructure, and technology re16 quired to reduce border crossing wait times for pedestrian, 

17 commercial, and non-commercial vehicular traffic at land 

18 ports of entry into the United States to wait times less 

19 than prior to September 11, 2001, while ensuring appro20 priate security checks continue to be conducted. 

21 SEC. 906. REPORT BY GOVERNMENT ACCOUNTABILITY OF22 FICE REGARDING POLICIES AND PROCE23 DURES OF THE BORDER PATROL. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, the Comptroller General 


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1 of the United States shall submit to the Committee on 

2 Homeland Security of the House of Representatives and 

3 the Committee on Homeland Security and Governmental 

4 Affairs of the Senate a report regarding the policies and 

5 procedures of the Border Patrol pertaining to the use of 

6 lethal and non-lethal force and the pursuit of fleeing vehi7 cles, including data on the number of incidents in which 

8 lethal or non-lethal force was used and any penalties that 

9 were imposed on Border Patrol agents as a result of such 

10 use. 

11 (b) CONSULTATION.— 

12 (1) REQUIREMENT.—In complying with this 

13 section, the Comptroller General shall consult with 

14 Customs and Border Protection and with represent15 atives of the following: 

16 (A) State and local law enforcement agen17 cies located along the northern and southern 

18 international borders of the United States. 

19 (B) The National Border Patrol Council. 

20 (C) The National Association of Former 

21 Border Patrol Officers. 

22 (D) Human rights groups with experience 

23 regarding aliens who cross the international 

24 land borders of the United States. 


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1 (E) Any other group that the Comptroller 

2 General determines would be appropriate. 

3 (2) INCLUSION OF OPINIONS.—The Comptroller 

4 General shall attach written opinions provided by 

5 groups referenced to in paragraph (1) as appendices 

6 to the report. 

7 SEC. 907. REPORT ON INTEGRATED BORDER ENFORCE8 MENT TEAM INITIATIVE. 

9 Not later than 1 year after the date of the enactment 

10 of this Act, the Secretary of Homeland Security shall sub11 mit a report to the Congress on the status of the Inte12 grated Border Enforcement Team (IBET) initiative. The 

13 report should include an analysis of current resources allo14 cated to IBETs, an evaluation of progress made since the 

15 inception of the program, and recommendations as to the 

16 level of resources that would be required to improve the 

17 program’s effectiveness in the future. 

18 SEC. 908. STOLEN AND LOST TRAVEL DOCUMENT DATA19 BASE. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity, acting through the Commissioner of United States 

22 Customs and Border Protection, shall, as expeditiously as 

23 possible, implement at primary inspection points at United 

24 States ports of entry the Stolen and Lost Travel Docu25 ment database managed by Interpol. 


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1 (b) REPORT.—Not later than one year after the date 

2 of the enactment of this Act, the Secretary shall submit 

3 to the appropriate congressional committees (as defined 

4 in section 2 of the Homeland Security Act of 2002 (6 

5 U.S.C. 101)) a report on the implementation required 

6 under subsection (a). 

7 TITLE X—INFORMATION 

8 SHARING IMPROVEMENTS 

9 SEC. 1001. STATE AND LOCAL FUSION CENTER PROGRAM. 

10 (a) IN GENERAL.—Subtitle I of title VIII of the 

11 Homeland Security Act of 2002 (6 U.S.C. 481 et seq.) 

12 is amended by striking sections 895 through 899 and in13 serting the following: 

14 ‘‘SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM. 

15 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab16 lish within the Department a State and Local Fusion Cen17 ter Program. The program shall be overseen by the compo18 nent charged with overseeing information sharing of 

19 homeland security information with State, local and tribal 

20 law enforcement. The purpose of the State and Local Fu21 sion Center Program is to facilitate information sharing 

22 between the Department and State, local, and tribal law 

23 enforcement for homeland security and other purposes. 

24 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

25 is authorized to be appropriated to the Secretary such 


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1 sums as are necessary for the Secretary to carry out the 

2 purpose of the State and Local Fusion Center Program, 

3 including for— 

4 ‘‘(1) deploying Department personnel with intel5 ligence and operational skills to State and local fu6 sion centers participating in the Program; 

7 ‘‘(2) hiring and maintaining individuals with 

8 substantial law enforcement experience who have re9 tired from public service and deploying such individ10 uals to State and local fusion centers participating 

11 in the Program (with the consent of such centers); 

12 and 

13 ‘‘(3) maintaining an adequate number of staff 

14 at the headquarters of the Department to sustain 

15 and manage the portion of the Program carried out 

16 at the headquarters and to otherwise fill positions 

17 vacated by Department staff deployed to State and 

18 local fusion centers participating in the Program.’’. 

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

20 in section 1(b) of such Act is amended by striking the 

21 items relating to sections 895 through 899 and inserting 

22 the following: 

‘‘Sec. 895. State and Local Fusion Center Program.’’. 

23 (c) PRIOR AMENDMENTS NOT AFFECTED.—This sec24 tion shall not be construed to affect the application of sec25 tions 895 through 899 of the Homeland Security Act of 


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1 2002 (including provisions enacted by the amendments 

2 made by those sections), as in effect before the effective 

3 date of this section. 

4 SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 

5 TRAINING PROGRAM. 

6 (a) IN GENERAL.—Subtitle A of title II of the Home7 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend8 ed by adding at the end the following new section: 

9 ‘‘SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 

10 TRAINING PROGRAM. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary, through the 

12 Assistant Secretary for Information Analysis, the Privacy 

13 Officer, and the Officer for Civil Rights and Civil Lib14 erties, shall establish a program within the Office of Civil 

15 Rights and Civil Liberties to provide privacy, civil liberties, 

16 and civil rights protection training for appropriate Depart17 ment employees and State, local, tribal employees serving 

18 in State and local fusion centers participating in the State 

19 and Local Fusion Center Program. 

20 ‘‘(b) MANDATORY TRAINING.— 

21 ‘‘(1) DEPARTMENT EMPLOYEES.—The Sec22 retary shall require each employee of the Depart23 ment who is embedded at a State or local fusion cen24 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) not later 

9 than six months after the date on which the State 

10 or local fusion center at which the employee is em11 bedded receives a grant from the Department. 

12 ‘‘(c) CONTENTS OF TRAINING.—Training provided 

13 under the program established under subsection (a) shall 

14 include training in Federal law in each of the following: 

15 ‘‘(1) Privacy, civil liberties, and civil rights poli16 cies, procedures, and protocols that can provide or 

17 control access to information at a State or local fu18 sion center. 

19 ‘‘(2) Privacy awareness training based on sec20 tion 552a of title 5, United States Code, popularly 

21 known as the Privacy Act of 1974. 

22 ‘‘(3) The handling of personally identifiable in23 formation in a responsible and appropriate manner. 

24 ‘‘(4) Appropriate procedures for the destruction 

25 of information that is no longer needed. 


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1 ‘‘(5) The consequences of failing to provide ade2 quate privacy and civil liberties protections. 

3 ‘‘(6) Compliance with Federal regulations set4 ting standards for multijurisdictional criminal intel5 ligence systems, including 28 CFR 23 (as in effect 

6 on the date of the enactment of this section). 

7 ‘‘(7) The use of immutable auditing mecha8 nisms designed to track access to information at a 

9 State or local fusion center. 

10 ‘‘(d) CERTIFICATION OF TRAINING.—The Secretary, 

11 acting through the head of the Office of Civil Rights and 

12 Civil Liberties, shall issue a certificate to each person who 

13 completes the training under this section and performs 

14 successfully in a written examination administered by the 

15 Office of Civil Rights and Civil Liberties. A copy of each 

16 such certificate issued to an individual working at a par17 ticipating fusion center shall be kept on file at that fusion 

18 center. 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amounts authorized by section 101, there are authorized 

21 to be appropriate to carry out this section— 

22 ‘‘(1) $3,000,000 for each of fiscal years 2008 

23 through 2013; and 

24 ‘‘(2) such sums as may be necessary for each 

25 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 OFFICE OF INFORMATION ANALYSIS. 

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

8 (1) the term ‘‘IA’’ means the Office of Informa9 tion Analysis; 

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 Assistant Secretary for Information Anal20 ysis) may, for the purpose of accelerating the ability of 

21 the IA to perform its statutory duties under the Homeland 

22 Security Act of 2002, appoint annuitants to positions in 

23 the IA in accordance with succeeding provisions of this 

24 section, except that no authority under this subsection 


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1 shall be available unless the Secretary provides to Con2 gress a certification that— 

3 (1) the Secretary has submitted a request 

4 under section 8344(i) or 8468(f) of title 5, United 

5 States Code, on or after the date of the enactment 

6 of this Act, with respect to positions in the IA; 

7 (2) the request described in paragraph (1) was 

8 properly filed; and 

9 (3) the Office of Personnel Management has 

10 not responded to the request described in paragraph 

11 (1), by either approving, denying, or seeking more 

12 information regarding such request, within 90 days 

13 after the date on which such request was filed. 

14 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

15 FROM OFFSET.—An appointment made under subsection 

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

17 States Code, governing appointments in the competitive 

18 service, and any annuitant serving pursuant to such an 

19 appointment shall be exempt from sections 8344 and 8468 

20 of such title 5 (relating to annuities and pay on reemploy21 ment) and any other similar provision of law under a Gov22 ernment retirement system. 

23 (d) LIMITATIONS.—No appointment under subsection 

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

25 displacement of any employee or would cause the total 


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1 number of positions filled by annuitants appointed under 

2 such subsection to exceed 100 as of any time (determined 

3 on a full-time equivalent basis). 

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

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

6 not be considered an employee for purposes of any Govern7 ment retirement system. 

8 (f) TERMINATION OF AUTHORITY.—Effective 2 years 

9 after the date of the enactment of this Act— 

10 (1) all authority to make appointments under 

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

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

13 cease to be effective. 

14 TITLE XI—MISCELLANEOUS 

15 PROVISIONS 

16 SEC. 1101. 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.—The Secretary shall evaluate the needs of 

3 such areas. 

4 (2) DEVELOPMENT OF TRAINING PROGRAMS.— 

5 The Secretary shall develop expert training pro6 grams designed to respond to the needs of such 

7 areas, including, but not limited to, those pertaining 

8 to rural homeland security responses including pro9 tections for privacy, and civil rights and civil lib10 erties. 

11 (3) PROVISION OF TRAINING PROGRAMS.—The 

12 Secretary shall provide to such areas the training 

13 programs developed under paragraph (2). 

14 (4) OUTREACH EFFORTS.—The Secretary shall 

15 conduct outreach efforts to ensure that such areas 

16 are aware of the training programs developed under 

17 paragraph (2) so that such programs are made 

18 available to units of local government and tribal gov19 ernments located in rural areas. 

20 (b) NO DUPLICATION OR DISPLACEMENT OF CUR21 RENT PROGRAMS.—Any training program developed 

22 under paragraph (2) of subsection (a) and any training 

23 provided by the program pursuant to such subsection shall 

24 be developed or provided, respectively, in a manner so as 


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1 to not duplicate or displace any program in existence on 

2 the date of the enactment of this section. 

3 (c) PRIORITIZED LOCATIONS FOR RURAL HOMELAND

4 SECURITY TRAINING.—In designating sites for the provi5 sion of training under this section, the Secretary shall, to 

6 the maximum extent possible and as appropriate, give pri7 ority to facilities of the Department of Homeland Security 

8 in existence as of the date of the enactment of this Act 

9 and to closed military installations, and to the extent pos10 sible, shall conduct training onsite, at facilities operated 

11 by participants. 

12 (d) RURAL DEFINED.—In this section, the term 

13 ‘‘rural’’ means an area that is not located in a metropoli14 tan statistical area, as defined by the Office of Manage15 ment and Budget. 

16 SEC. 1102. CRITICAL INFRASTRUCTURE STUDY. 

17 The Secretary of Homeland Security shall work with 

18 the Center for Risk and Economic Analysis of Terrorism 

19 Events (CREATE), led by the University of Southern 

20 California, to evaluate the feasibility and practicality of 

21 creating further incentives for private sector stakeholders 

22 to share protected critical infrastructure information with 

23 the Department for homeland security and other purposes. 


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1 SEC. 1103. TERRORIST WATCH LIST AT HIGH-RISK CRIT2 ICAL INFRASTRUCTURE. 

3 From amounts authorized under section 101, there 

4 may be appropriated such sums as are necessary for the 

5 Secretary of Homeland Security to require each owner or 

6 operator of a Tier I or Tier II critical infrastructure site 

7 as selected for the Buffer Zone Protection Program, to 

8 conduct checks of their employees against available ter9 rorist watch lists. 

10 SEC. 1104. AUTHORIZED USE OF SURPLUS MILITARY VEHI11 CLES. 

12 The Secretary of Homeland Security shall include 

13 United States military surplus vehicles having dem14 onstrated utility for responding to terrorist attacks, major 

15 disasters, and other emergencies on the Authorized Equip16 ment List in order to allow State, local, and tribal agencies 

17 to purchase, modify, upgrade, and maintain such vehicles 

18 using homeland security assistance administered by the 

19 Department of Homeland Security. 

20 SEC. 1105. COMPUTER CAPABILITIES TO SUPPORT REAL21 TIME INCIDENT MANAGEMENT. 

22 From amounts authorized under section 101, there 

23 are authorized such sums as may be necessary for the Sec24 retary of Homeland Security to encourage the develop25 ment and use of software- or Internet-based computer ca26 pabilities to support real-time incident management by 


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1 Federal, State, local, and tribal agencies. Such software2 based capabilities shall be scalable and not be based on 

3 proprietary systems to ensure the compatibility of Federal, 

4 State, local, and tribal first responder agency incident 

5 management systems. In the development and implemen6 tation of such computer capabilities, the Secretary shall 

7 consider the feasibility and desirability of including the fol8 lowing capabilities: 

9 (1) Geographic information system data. 

10 (2) Personnel, vehicle, and equipment tracking 

11 and monitoring. 

12 (3) Commodity tracking and other logistics 

13 management. 

14 (4) Evacuation center and shelter status track15 ing. 

16 (5) Such other capabilities as determined ap17 propriate by the Secretary. 

18 SEC. 1106. EXPENDITURE REPORTS AS A CONDITION OF 

19 HOMELAND SECURITY GRANTS. 

20 (a) IN GENERAL.—Subtitle H of title VIII of the 

21 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 

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


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1 ‘‘SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF 

2 HOMELAND SECURITY GRANTS. 

3 ‘‘(a) QUARTERLY REPORTS REQUIRED AS A CONDI4 TION OF HOMELAND SECURITY GRANTS.— 

5 ‘‘(1) EXPENDITURE REPORTS REQUIRED.—As a 

6 condition of receiving a grant administered by the 

7 Secretary, the Secretary shall require the grant re8 cipient to submit quarterly reports to the Secretary 

9 describing the nature and amount of each expendi10 ture made by the recipient using grant funds. 

11 ‘‘(2) DEADLINE FOR REPORTS.—Each report 

12 required under paragraph (1) shall be submitted not 

13 later than 30 days after the last day of a fiscal quar14 ter and shall cover expenditures made during that 

15 fiscal quarter. 

16 ‘‘(3) EXCLUDED PROGRAMS.—This section shall 

17 not apply to or otherwise affect any grant issued 

18 under the Robert T. Stafford Disaster Relief and 

19 Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

20 or the Federal Fire Prevention and Control Act of 

21 1974 (15 U.S.C. 2201 et seq.). 

22 ‘‘(b) PUBLICATION OF EXPENDITURES.—Not later 

23 than 30 days after receiving a report under subsection (a), 

24 the Secretary shall publish and make publicly available on 

25 the Internet website of the Department a description of 


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1 the nature and amount of each expenditure covered by the 

2 report. 

3 ‘‘(c) PROTECTION OF SENSITIVE INFORMATION.—In 

4 meeting the requirements of this section, the Secretary 

5 shall take appropriate action to ensure that sensitive infor6 mation is not disclosed.’’. 

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

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

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

‘‘Sec. 890A. Expenditure reports as a condition of homeland security grants.’’. 

10 SEC. 1107. ENCOURAGING USE OF COMPUTERIZED TRAIN11 ING AIDS. 

12 The Under Secretary for Science and Technology of 

13 the Department of Homeland Security shall use and make 

14 available to State and local agencies computer simulations 

15 to help strengthen the ability of municipalities to prepare 

16 for and respond to a chemical, biological, or other terrorist 

17 attack, and to standardize response training. 

18 SEC. 1108. METROPOLITAN MEDICAL RESPONSE SYSTEM 

19 PROGRAM. 

20 (a) IN GENERAL.—Title V of the Homeland Security 

21 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

22 at the end the following: 


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1 ‘‘SEC. 522. METROPOLITAN MEDICAL RESPONSE SYSTEM 

2 PROGRAM. 

3 ‘‘(a) IN GENERAL.—There is a Metropolitan Medical 

4 Response System Program (in this section referred to as 

5 the ‘program’). 

6 ‘‘(b) PURPOSE.—The purpose of the program shall 

7 be to support local jurisdictions in enhancing and main8 taining all-hazards response capabilities to manage mass 

9 casualty incidents (including terrorist acts using chemical, 

10 biological, radiological, nuclear agents, or explosives, 

11 large-scale hazardous materials incidents, epidemic disease 

12 outbreaks, and natural disasters) by systematically en13 hancing and integrating first responders, public health 

14 personnel, emergency management personnel, business 

15 representatives, and volunteers. 

16 ‘‘(c) PROGRAM ADMINISTRATION.—The Assistant 

17 Secretary for Health Affairs shall develop the pro18 grammatic and policy guidance for the program in coordi19 nation with the Administrator of the Federal Emergency 

20 Management Agency. 

21 ‘‘(d) PERSONNEL COSTS.—The program shall not be 

22 subject to an administrative cap on the hiring of personnel 

23 to conduct program activities. 

24 ‘‘(e) FINANCIAL ASSISTANCE.— 

25 ‘‘(1) ADMINISTRATION.—The Administrator of 

26 the Federal Emergency Management Agency shall 


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1 administer financial assistance provided to State and 

2 local jurisdictions under the program. 

3 ‘‘(2) ASSISTANCE TO LOCAL JURISDICTIONS.— 

4 In providing financial assistance to a State under 

5 the program, the Administrator shall ensure that 

6 100 percent of the amount of such assistance is allo7 cated by the State to local jurisdictions, except that 

8 a State may retain up to 20 percent of the amount 

9 of such assistance to facilitate integration between 

10 the State and the local jurisdiction pursuant to a 

11 written agreement between the State and the chair 

12 of the Metropolitan Medical Response System steer13 ing committee. 

14 ‘‘(3) MUTUAL AID.— 

15 ‘‘(A) AGREEMENTS.—Local jurisdictions 

16 receiving assistance under the program are en17 couraged to develop and maintain memoranda 

18 of understanding and agreement with neigh19 boring jurisdictions to support a system of mu20 tual aid among the jurisdictions. 

21 ‘‘(B) CONTENTS.—A memorandum re22 ferred to in subparagraph (A) shall include, at 

23 a minimum, policies and procedures to— 

24 ‘‘(i) enable the timely deployment of 

25 program personnel and equipment across 


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1 jurisdictions and, if relevant, across State 

2 boundaries; 

3 ‘‘(ii) share information in a consistent 

4 and timely manner; and 

5 ‘‘(iii) notify State authorities of the 

6 deployment of program resources in a 

7 manner that ensures coordination with 

8 State agencies without impeding the ability 

9 of program personnel and equipment to re10 spond rapidly to emergencies in other ju11 risdictions. 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

13 amounts authorized by section 101 there is authorized to 

14 be appropriated to carry out the program $63,000,000 for 

15 each of the fiscal years 2008 through 2011.’’. 

16 (b) PROGRAM REVIEW.— 

17 (1) IN GENERAL.—The Assistant Secretary for 

18 Health Affairs shall conduct a review of the Metro19 politan Medical Response System Program. 

20 (2) CONTENT OF REVIEW.—In conducting the 

21 review of the program, the Assistant Secretary shall 

22 examine— 

23 (A) strategic goals; 

24 (B) objectives; 

25 (C) operational capabilities; 


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1 (D) resource requirements; 

2 (E) performance metrics; 

3 (F) administration; 

4 (G) whether the program would be more 

5 effective if it were managed as a contractual 

6 agreement; 

7 (H) the degree to which the program’s 

8 strategic goals, objectives, and capabilities are 

9 incorporated in State and local homeland secu10 rity plans; and 

11 (I) challenges in the coordination among 

12 public health, public safety, and other stake13 holder groups to prepare for and respond to 

14 mass casualty incidents. 

15 (3) REPORT.—Not later than 9 months after 

16 the date of enactment of this subsection, the Assist17 ant Secretary shall submit to the Committee on 

18 Homeland Security of the House of Representatives 

19 and the Committee on Homeland Security and Gov20 ernmental Affairs of the Senate a report on the re21 sults of the review. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) REPEAL.—Section 635 of the Post-Katrina 

24 Management Reform Act of 2006 (6 U.S.C. 723) is 

25 repealed. 


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1 (2) TABLE OF CONTENTS.—The table of con2 tents contained in section 1(b) of the Homeland Se3 curity Act of 2002 is amended by inserting after the 

4 item relating to section 521 the following: 

‘‘Sec. 522. Metropolitan Medical Response System Program.’’. 

5 SEC. 1109. IDENTITY FRAUD PREVENTION GRANT PRO6 GRAM. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The National Commission on Terrorist At9 tacks Upon the United States found that the 19 hi10 jackers had been issued 16 State driver’s licenses 

11 (from Arizona, California, Florida, and Virginia) 

12 and 14 State identification cards (from Florida, 

13 Maryland and Virginia). 

14 (2) The Commission concluded that ‘‘[s]ecure 

15 identification should begin in the United States. The 

16 Federal Government should set standards for the 

17 issuance of birth certificates and sources of identi18 fication, such as driver’s licenses. Fraud in identi19 fication is no longer just a problem of theft. At 

20 many entry points to vulnerable facilities, including 

21 gates for boarding aircraft, sources of identification 

22 are the last opportunity to ensure that people are 

23 who they say they are and to check whether they are 

24 terrorists.’’. 


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1 (b) GRANT PROGRAM.—Subtitle D of title IV of the 

2 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 

3 is amended by adding at the end the following: 

4 ‘‘SEC. 447. DOCUMENT FRAUD PREVENTION GRANT PRO5 GRAM. 

6 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

7 program to make grants available to States to be used 

8 to prevent terrorists and other individuals from fraudu9 lently obtaining and using State-issued identification cards 

10 and to develop more secure State-issued documents to be 

11 used for official Federal purposes. 

12 ‘‘(b) USE OF FUNDS.—A recipient of a grant under 

13 this section may use the grant for any of the following 

14 purposes: 

15 ‘‘(1) To develop machine readable technology, 

16 encryption methods, or other means of protecting 

17 against unauthorized access of information appear18 ing on licenses or identification. 

19 ‘‘(2) To establish a system for a State-to-State 

20 data exchange that allows electronic access to States 

21 to information contained in a State department of 

22 motor vehicles database. 

23 ‘‘(3) To develop or implement a security plan 

24 designed to safeguard the privacy of personal infor25 mation collected, maintained, and used by State 


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1 motor vehicles offices from unauthorized access, mis2 use, fraud, and identity theft. 

3 ‘‘(4) To develop a querying service that allows 

4 access to Federal databases in a timely, secure, and 

5 cost-effective manner, in order to verify the issuance, 

6 validity, content, and completeness of source docu7 ments provided by applicants for identity documents 

8 issued by State agencies, including departments of 

9 motor vehicles. 

10 ‘‘(5) To develop a system for States to capture 

11 and store digital images of identity source docu12 ments and photographs of applicants in electronic 

13 format. 

14 ‘‘(6) To design systems or establish procedures 

15 that would reduce the number of in-person visits re16 quired to State departments of motor vehicles to ob17 tain State-issued identity documents used for Fed18 eral official purposes. 

19 ‘‘(c) PRIORITY IN AWARDING GRANTS.—In awarding 

20 grants under this section the Secretary shall give priority 

21 to a State that demonstrates that— 

22 ‘‘(1) the grant will assist the State in complying 

23 with any regulation issued by the Department to 

24 prevent the fraudulent issuance of identification doc25 uments to be used for official Federal purposes; and 


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1 ‘‘(2) such compliance will facilitate the ability of 

2 other States to comply with such regulations. 

3 ‘‘(d) LIMITATION ON SOURCE OF FUNDING.—The 

4 Secretary may not use amounts made available under this 

5 section for any other grant program of the Department 

6 to provide funding for expenses related to the REAL ID 

7 Act of 2005 (Public Law 109–13). 

8 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

9 amounts authorized by section 101 there are authorized 

10 to be appropriated to the Secretary for making grants 

11 under this section— 

12 ‘‘(1) $120,000,000 for fiscal year 2008; 

13 ‘‘(2) $100,000,000 for fiscal year 2009; and 

14 ‘‘(3) $80,000,000 for fiscal year 2010.’’. 

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

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

17 the items relating to such subtitle the following: 

‘‘Sec. 447. Document fraud prevention grant program.’’. 

18 SEC. 1110. TECHNICAL CORRECTIONS. 

19 The Homeland Security Act of 2002 (Public Law 

20 107–296; 6 U.S.C. 361 et seq.) is amended— 

21 (1) in section 1(b) in the table of contents by 

22 striking the items relating to the second title XVIII, 

23 as added by section 501(b)(3) of Public Law 109– 

24 347, and inserting the following: 

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 


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‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Mission of Office. 

‘‘Sec. 1903. Hiring authority. 

‘‘Sec. 1904. Testing authority. 

‘‘Sec. 1905. Relationship to other Department entities and Federal agencies. 

‘‘Sec. 1906. Contracting and grant making authorities.’’. 

1 (2) by redesignating the second title XVIII, as 

2 added by section 501(a) of Public Law 109–347, as 

3 title XIX; 

4 (3) in title XIX (as so redesignated)— 

5 (A) by redesignating sections 1801 

6 through 1806 as sections 1901 through 1906, 

7 respectively; 

8 (B) in section 1904(a) (6 U.S.C. 594(a)), 

9 as so redesignated, by striking ‘‘section 1802’’ 

10 and inserting ‘‘section 1902’’; and 

11 (C) in section 1906 (6 U.S.C. 596), as so 

12 redesignated, by striking ‘‘section 1802(a)’’ 

13 each place it appears and inserting ‘‘section 

14 1902(a)’’. 

15 SEC. 1111. CITIZEN CORPS. 

16 Of the amount authorized to be appropriated under 

17 section 101, such sums as may be necessary shall be avail18 able to the Secretary of Homeland Security to encourage 

19 the use of Citizen Corps funding and local Citizen Corps 

20 Councils to provide education and training for populations 

21 located around critical infrastructure on preparing for and 


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1 responding to terrorist attacks, major disasters, and other 

2 emergencies. 

3 SEC. 1112. REPORT REGARDING DEPARTMENT OF HOME4 LAND SECURITY IMPLEMENTATION OF COMP5 TROLLER GENERAL AND INSPECTOR GEN6 ERAL RECOMMENDATIONS REGARDING PRO7 TECTION OF AGRICULTURE. 

8 (a) REPORT REQUIRED.—The Secretary of Home9 land Security shall prepare a report describing how the 

10 Department of Homeland Security will implement the ap11 plicable recommendations of the following reports: 

12 (1) Comptroller General report entitled ‘‘Home13 land Security: How Much is Being Done to Protect 

14 Agriculture from a Terrorist Attack, but Important 

15 Challenges Remain’’ (GAO–05–214). 

16 (2) Department of Homeland Security Office of 

17 Inspector General report entitled ‘‘The Department 

18 of Homeland Security’s Role in Food Defense and 

19 Critical Infrastructure Protection’’ (OIG–07–33). 

20 (b) SUBMISSION OF REPORT.—Not later than 120 

21 days after the date of the enactment of this Act, the Sec22 retary shall submit the report to the Committee on Home23 land Security of the House of Representatives and the 

24 Committee on Homeland Security and Governmental Af25 fairs of the Senate. If the Secretary determines that a speVerDate Aug 31 2005 21:56 May 11, 2007 Jkt 059200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H1684.RFS H1684

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1 cific recommendation will not be implemented or will not 

2 be fully implemented, the Secretary shall include in the 

3 report a description of the reasoning or justification for 

4 the determination. 

5 SEC. 1113. REPORT REGARDING LEVEE SYSTEM. 

6 (a) IN GENERAL.—Not later than 6 months after the 

7 date of the enactment of this Act, the Secretary of Home8 land Security shall submit to the appropriate congres9 sional committees a report analyzing the threat, vulner10 ability, and consequence of a terrorist attack on the levee 

11 system of the United States. 

12 (b) EXISTING REPORTS.—In implementing this sec13 tion, the Secretary may build upon existing reports as nec14 essary. 

15 SEC. 1114. REPORT ON FORCE MULTIPLIER PROGRAM. 

16 Not later than 60 days after the date of the enact17 ment of this Act, the Secretary of Homeland Security shall 

18 submit to the appropriate congressional committees a re19 port on the progress of the Secretary— 

20 (1) in establishing procedures to ensure compli21 ance with section 44917(a)(7) of title 49, United 

22 States Code; and 

23 (2) in accomplishing the operational aspects of 

24 the Force Multiplier Program, as required pursuant 


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1 to the Department of Homeland Security Appropria2 tions Act, 2007 (Public Law 109–295). 

3 SEC. 1115. ELIGIBILITY OF STATE JUDICIAL FACILITIES 

4 FOR STATE HOMELAND SECURITY GRANTS. 

5 (a) IN GENERAL.—States may utilize covered grants 

6 for the purpose of providing funds to State and local judi7 cial facilities for security at those facilities. 

8 (b) COVERED GRANTS.—For the purposes of this sec9 tion, the term ‘‘covered grant’’ means a grant under any 

10 of the following programs of the Department of Homeland 

11 Security: 

12 (1) The State Homeland Security Grant Pro13 gram. 

14 (2) The Urban Area Security Initiative. 

15 SEC. 1116. DATA SHARING. 

16 The Secretary of Homeland Security shall provide in17 formation relating to assistance requested or provided in 

18 response to a terrorist attack, major disaster, or other 

19 emergency, to Federal, State, or local law enforcement en20 tities to assist in the location of a missing child or reg21 istered sex offender. In providing such information, the 

22 Secretary shall take reasonable steps to protect the pri23 vacy of individuals. 


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1 SEC. 1117. COOPERATIVE AGREEMENT WITH NATIONAL OR2 GANIZATION ON DISABILITY TO CARRY OUT 

3 EMERGENCY PREPAREDNESS INITIATIVE. 

4 The Administrator of the Federal Emergency Man5 agement Agency, in coordination with the Disability Coor6 dinator of the Department of Homeland Security and the 

7 Office for Civil Rights and Civil Liberties of the Depart8 ment, shall use amounts authorized under section 101 to 

9 enter into a cooperative agreement with the National Or10 ganization on Disability to carry out the Emergency Pre11 paredness Initiative of such organization. 

12 SEC. 1118. CONSIDERATION OF TOURISM IN AWARDING 

13 URBAN AREA SECURITY INITIATIVE GRANTS. 

14 In awarding grants under the Urban Area Security 

15 Initiative, the Secretary of Homeland Security shall take 

16 into consideration the number of tourists that have visited 

17 an urban area in the two years preceding the year during 

18 which the Secretary awards the grant. 

19 SEC. 1119. STUDY OF FOREIGN RAIL SECURITY PRACTICES. 

20 The Secretary shall— 

21 (1) study select foreign rail security practices, 

22 and the cost and feasibility of implementing selected 

23 best practices that are not currently used in the 

24 United States, including— 


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1 (A) implementing covert testing processes 

2 to evaluate the effectiveness of rail system secu3 rity personnel; 

4 (B) implementing practices used by foreign 

5 rail operators that integrate security into infra6 structure design; 

7 (C) implementing random searches or 

8 screening of passengers and their baggage; and 

9 (D) establishing and maintaining an infor10 mation clearinghouse on existing and emergency 

11 security technologies and security best practices 

12 used in the passenger rail industry both in the 

13 United States and abroad; and 

14 (2) report the results of the study, together 

15 with any recommendations that the Secretary may 

16 have for implementing covert testing, practices for 

17 integrating security in infrastructure design, random 

18 searches or screenings, and an information clearing19 house to the Committee on Homeland Security and 

20 Governmental Affairs of the Senate, the Committee 

21 on Homeland Security of the House of Representa22 tives, the Committee on Commerce, Science, and 

23 Transportation of the Senate, and the Committee on 

24 Transportation and Infrastructure of the House of 


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1 Representatives not later than 1 year after the date 

2 of enactment of this Act. 

3 SEC. 1120. FEMA RECOVERY OFFICE IN FLORIDA. 

4 (a) ESTABLISHMENT.—To provide eligible Federal 

5 assistance to individuals and State, local, and tribal gov6 ernments affected by Hurricanes Charley, Frances, Ivan, 

7 Jeanne, Wilma, Tropical Storm Bonnie, and other future 

8 declared emergencies and major disasters, in a customer9 focused, expeditious, effective, and consistent manner, the 

10 Administrator of the Federal Emergency Management Ad11 ministration shall maintain a recovery office in the State 

12 of Florida for a period of not less than three years after 

13 the date of enactment of this Act. 

14 (b) STRUCTURE.—The recovery office shall have an 

15 executive director, appointed by the Administrator, who 

16 possesses a demonstrated ability and knowledge of emer17 gency management and homeland security, and a senior 

18 management team. 

19 (c) RESPONSIBILITIES.—The executive director, in 

20 coordination with State, local, and tribal governments, 

21 non-profit organizations, including disaster relief organi22 zations, shall— 

23 (1) work cooperatively with local governments 

24 to mitigate the impact of a declared emergency or 

25 major disaster; and 


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1 (2) provide assistance in a timely and effective 

2 manner to residents of Florida and other States as 

3 determined appropriate by the Administrator for re4 covery from previous and future declared emer5 gencies and major disasters. 

6 (d) STAFFING.—Staffing levels of the recovery office 

7 shall be commensurate with the current and projected 

8 workload as determined by the Administrator. 

9 (e) PERFORMANCE MEASURES.—To ensure that the 

10 recovery office is meeting its objectives, the Administrator 

11 shall identify performance measures that are specific, 

12 measurable, achievable, relevant, and timed, including— 

13 (1) public assistance program project worksheet 

14 completion rates; and 

15 (2) the length of time taken to reimburse recipi16 ents for public assistance. 

17 (f) EVALUATION.—The Administrator shall evaluate 

18 the effectiveness and efficiency of the recovery office in 

19 the State of Florida in meeting the requirements of this 

20 section. Not later than three years after the date of enact21 ment of this Act, the Administrator shall report to the 

22 Committee on Transportation and Infrastructure of the 

23 House of Representatives on whether continuing to oper24 ate such office is necessary. 


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1 SEC. 1121. REQUIREMENT TO CONSULT STATES REGARD2 ING GRANT AWARDS. 

3 Before the release by the Department of Homeland 

4 Security of any information regarding the award of any 

5 grant to a State with amounts authorized under section 

6 101, including before submitting to Congress any list of 

7 such grant awards, the Secretary of Homeland Security 

8 shall consult with States. 

9 SEC. 1122. COMPTROLLER GENERAL REPORT ON CRITICAL 

10 INFRASTRUCTURE. 

11 (a) REQUIREMENT.—The Comptroller General of the 

12 United States shall conduct a study to— 

13 (1) determine the extent to which architecture, 

14 engineering, surveying, and mapping activities re15 lated to the critical infrastructure of the United 

16 States are being sent to offshore locations; 

17 (2) assess whether any vulnerabilities or threats 

18 exist with respect to terrorism; and 

19 (3) recommend policies, regulations, or legisla20 tion, as appropriate, that may be necessary to pro21 tect the national and homeland security interests of 

22 the United States. 

23 (b) CONSULTATION.—In carrying out the study au24 thorized by this section, the Comptroller General shall con25 sult with— 


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1 (1) such other agencies of the Government of 

2 the United States as are appropriate; and 

3 (2) national organizations representing the ar4 chitecture, engineering, surveying, and mapping pro5 fessions. 

6 (c) REPORT.—The Comptroller General shall submit 

7 to the Committees on Transportation and Infrastructure, 

8 Energy and Commerce, and Homeland Security of the 

9 House of Representatives, and to the Senate, by not later 

10 than 6 months after the date of the enactment of this Act 

11 a report on the findings, conclusions, and recommenda12 tions of the study under this section. 

13 (d) DEFINITIONS.—As used in this section— 

14 (1) each of the terms ‘‘architectural’’, ‘‘engi15 neering’’, ‘‘surveying’’, and ‘‘mapping’’— 

16 (A) subject to subparagraph (B), has the 

17 same meaning such term has under section 

18 1102 of title 40, United States Code; and 

19 (B) includes services performed by profes20 sionals such as surveyors, photogrammetrists, 

21 hydrographers, geodesists, or cartographers in 

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1 formation related to such data, including any 

2 such data that comprises the processing of a 

3 survey, map, chart, geographic information sys4 tem, remotely sensed image or data, or aerial 

5 photograph; and 

6 (2) the term ‘‘critical infrastructure’’— 

7 (A) means systems and assets, whether 

8 physical or virtual, so vital to the United States 

9 that the incapacity or destruction of such sys10 tems and assets would have a debilitating im11 pact on security, national economic security, na12 tional public health or safety, or any combina13 tion of those matters; and 

14 (B) includes the basic facilities, structures, 

15 and installations needed for the functioning of 

16 a community or society, including transpor17 tation and communications systems, water and 

18 power lines, power plants, and the built envi19 ronment of private and public institutions of 

20 the United States. 

21 SEC. 1123. IMPROVING THE NEXUS AND FAST REGISTERED 

22 TRAVELER PROGRAMS. 

23 (a) MERGING REQUIREMENTS OF NEXUS AND

24 FAST.— 


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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall merge the procedures for the pro3 grams described in subsection (j) into a single proce4 dure, with common eligibility and security screening 

5 requirements, enrollment processes, and sanctions 

6 regimes. 

7 (2) SPECIFIC REQUIREMENTS.—In carrying out 

8 paragraph (1), the Secretary shall ensure that the 

9 procedures for the programs known as ‘‘NEXUS 

10 Highway’’, ‘‘NEXUS Marine’’, and ‘‘NEXUS Air’’ 

11 are integrated into such a single procedure. 

12 (b) INTEGRATING NEXUS AND FAST INFORMATION

13 SYSTEMS.—The Secretary of Homeland Security shall in14 tegrate all databases and information systems for the pro15 grams described in subsection (j) in a manner that will 

16 permit any identification card issued to a participant to 

17 operate in all locations where a program described in such 

18 subsection is operating. 

19 (c) CREATION OF NEXUS CONVERTIBLE LANES.—In 

20 order to expand the NEXUS program described in sub21 section (j)(2) to major northern border crossings, the Sec22 retary of Homeland Security, in consultation with appro23 priate representatives of the Government of Canada, shall 

24 equip not fewer than six new northern border crossings 

25 with NEXUS technology. 


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1 (d) CREATION OF REMOTE ENROLLMENT CEN2 TERS.—The Secretary of Homeland Security, in consulta3 tion with appropriate representatives of the Government 

4 of Canada, shall create a minimum of two remote enroll5 ment centers for the programs described in subsection (j). 

6 Such a remote enrollment center shall be established at 

7 each of the border crossings described in subsection (c). 

8 (e) CREATION OF MOBILE ENROLLMENT CEN9 TERS.—The Secretary of Homeland Security, in consulta10 tion with appropriate representatives of the Government 

11 of Canada, shall create a minimum of two mobile enroll12 ment centers for the programs described in subsection (j). 

13 Such mobile enrollment centers shall be used to accept and 

14 process applications in areas currently underserved by 

15 such programs. The Secretary shall work with State and 

16 local authorities in determining the locations of such mo17 bile enrollment centers. 

18 (f) ON-LINE APPLICATION PROCESS.—The Secretary 

19 of Homeland Security shall design an on-line application 

20 process for the programs described in subsection (j). Such 

21 process shall permit individuals to securely submit their 

22 applications on-line and schedule a security interview at 

23 the nearest enrollment center. 

24 (g) PROMOTING ENROLLMENT.— 


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1 (1) CREATING INCENTIVES FOR ENROLL2 MENT.—In order to encourage applications for the 

3 programs described in subsection (j), the Secretary 

4 of Homeland Security shall develop a plan to admit 

5 participants in an amount that is as inexpensive as 

6 possible per card issued for each of such programs. 

7 (2) CUSTOMER SERVICE PHONE NUMBER.—In 

8 order to provide potential applicants with timely in9 formation for the programs described in subsection 

10 (j), the Secretary of Homeland Security shall create 

11 a customer service telephone number for such pro12 grams. 

13 (3) PUBLICITY CAMPAIGN.—The Secretary shall 

14 carry out a program to educate the public regarding 

15 the benefits of the programs described in subsection 

16 (j). 

17 (h) TRAVEL DOCUMENT FOR TRAVEL INTO UNITED

18 STATES.—For purposes of the plan required under section 

19 7209(b) of the Intelligence Reform and Terrorism Preven20 tion Act of 2004, an identification card issued to a partici21 pant in a program described in subsection (j) shall be con22 sidered a document sufficient on its own when produced 

23 to denote identity and citizenship for travel into the 

24 United States by United States citizens and by categories 

25 of individuals for whom documentation requirements have 


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1 previously been waived under section 212(d)(4)(B) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1182(d)(4)(B)). 

4 (i) REPORT.—Not later than 120 days after the date 

5 of the enactment of this Act, the Secretary of Homeland 

6 Security shall submit to the appropriate congressional 

7 committees (as defined in section 2 of the Homeland Secu8 rity Act of 2002 (6 U.S.C. 101)) a report on the imple9 mentation of subsections (a) through (g). 

10 (j) PROGRAMS.—The programs described in this sub11 section are the following: 

12 (1) The FAST program authorized under sub13 part B of title IV of the Tariff Act of 1930 (19 

14 U.S.C. 1411 et seq.). 

15 (2) The NEXUS program authorized under sec16 tion 286(q) of the Immigration and Nationality Act 

17 (U.S.C. 1356(q)). 

18 SEC. 1124. TRAVEL DOCUMENTS. 

19 (a) TRAVEL TO CANADA AND MEXICO.—Section 

20 7209(b) of the Intelligence Reform and Terrorism Preven21 tion Act of 2004 is amended by adding at the end the 

22 following new paragraphs: 

23 ‘‘(3) PASS CARD INFRASTRUCTURE.—The Sec24 retary of Homeland Security shall conduct not less 

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1 tiveness of the technology that the Secretary deter2 mines appropriate to implement the documentary re3 quirements of this subsection. The Secretary may 

4 not issue a final rule implementing the requirements 

5 of this subsection until such time as the Secretary 

6 has submitted to the appropriate congressional com7 mittees (as defined in section 2 of the Homeland Se8 curity Act of 2002 (6 U.S.C. 101)) a report on the 

9 results and outcome of such trial or trials. The re10 port shall include data and evidence that dem11 onstrates that the technology utilized in such trial or 

12 trials is operationally superior to other alternative 

13 technology infrastructures. 

14 ‘‘(4) FLEXIBLE IMPLEMENTATION PERIOD.—In 

15 order to provide flexibility upon implementation of 

16 the plan developed under paragraph (1), the Sec17 retary of Homeland Security shall establish a special 

18 procedure to permit an individual who does not pos19 sess a passport or other document, or combination 

20 of documents, as required under paragraph (1), but 

21 who the Secretary determines to be a citizen of the 

22 United States, to re-enter the United States at an 

23 international land or maritime border of the United 

24 States. The special procedure referred to in this 

25 paragraph shall terminate on the date that is 180 


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1 days after the date of the implementation of the 

2 plan described in paragraph (1)(A). 

3 ‘‘(5) SPECIAL RULE FOR CERTAIN MINORS.— 

4 Except as provided in paragraph (6), citizens of the 

5 United States or Canada who are less than 16 years 

6 of age shall not be required to present to an immi7 gration officer a passport or other document, or 

8 combination of documents, as required under para9 graph (1), when returning or traveling to the United 

10 States from Canada, Mexico, Bermuda, or the 

11 Carribean at any port of entry along the inter12 national land or maritime border of the United 

13 States. 

14 ‘‘(6) SPECIAL RULE FOR CERTAIN STUDENT MI15 NORS TRAVELING AS PART OF AN AUTHORIZED AND

16 SUPERVISED SCHOOL TRIP.—Notwithstanding the 

17 special rule described in paragraph (5), the Sec18 retary of Homeland Security is authorized to con19 sider expanding the special rule for certain minors 

20 described in such paragraph to a citizen of the 

21 United States or Canada who is less than 19 years 

22 of age but is 16 years of age or older and who is 

23 traveling between the United States and Canada at 

24 any port of entry along the international or mari25 time border between the two countries if such citizen 


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1 is so traveling as a student as part of an authorized 

2 and supervised school trip. 

3 ‘‘(7) PUBLIC OUTREACH.—To promote travel 

4 and trade across the United States border, the Sec5 retary of Homeland Security shall develop a public 

6 communications plan to promote to United States 

7 citizens, representatives of the travel and trade in8 dustries, and local government officials information 

9 relating to the implementation of this subsection. 

10 The Secretary of Homeland Security shall coordinate 

11 with representatives of the travel and trade indus12 tries in the development of such public communica13 tions plan. 

14 ‘‘(8) COST-BENEFIT ANALYSIS.—The Secretary 

15 of Homeland Security shall prepare an extensive reg16 ulatory impact analysis that is fully compliant with 

17 Executive Order No. 12866 and Office of Manage18 ment and Budget Circular A-4 for an economically 

19 significant regulatory action before publishing a rule 

20 with respect to the implementation of the require21 ments of this subsection.’’. 

22 (b) REPORT.—Not later than 120 days after the date 

23 of the enactment of this Act and every 120 days there24 after, the Secretary of Homeland Security shall submit to 

25 the appropriate congressional committees (as defined in 


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1 section 2 of the Homeland Security Act of 2002 (6 U.S.C. 

2 101)) a report on the implementation of paragraphs (3) 

3 through (8) of section 7209(b) of the Intelligence Reform 

4 and Terrorism Prevention Act of 2004. 

5 SEC. 1125. SENSE OF THE CONGRESS ON INTEROPER6 ABILITY. 

7 It is the sense of the Congress that efforts to achieve 

8 local, regional, and national interoperable emergency com9 munications in the near term should be supported and are 

10 critical in assisting communities with their local and re11 gional efforts to properly coordinate and execute their 

12 interoperability plans. 

13 SEC. 1126. TRAVELERS REDRESS INQUIRY PROGRAM. 

14 Of the amount authorized to be appropriated under 

15 section 101, such sums as may be necessary shall be avail16 able to the Secretary of Homeland Security to take all nec17 essary actions to protect the security of personal informa18 tion submitted electronically to the Internet website of the 

19 Department of Homeland Security established for the 

20 Travelers Redress Inquiry Program and other websites of 

21 the Department related to that program. 

22 SEC. 1127. TRANSPORTATION WORKER IDENTIFICATION 

23 CREDENTIAL PROGRAM. 

24 The Secretary of Homeland Security shall work with 

25 the State of Florida and other States, as appropriate, to 


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1 resolve the differences between the Transportation Worker 

2 Identification Credential and existing access control cre3 dentials. 

4 SEC. 1128. AUTOMATED TARGETING SYSTEM FOR PERSONS 

5 ENTERING OR DEPARTING THE UNITED 

6 STATES. 

7 (a) FINDINGS OF THE 9/11 COMMISSION.—Congress 

8 finds that the National Commission on Terrorist Attacks 

9 Upon the United States (commonly referred to as the 9/ 

10 11 Commission) concluded that— 

11 (1) ‘‘The small terrorist travel intelligence col12 lection and analysis program currently in place has 

13 produced disproportionately useful results. It should 

14 be expanded. Since officials at the border encounter 

15 travelers and their documents first and investigate 

16 travel facilitators, they must work closely with intel17 ligence officials.’’; 

18 (2) ‘‘Information systems able to authenticate 

19 travel documents and detect potential terrorist indi20 cators should be used at consulates, at primary bor21 der inspection lines, in immigration service offices, 

22 and intelligence and enforcement units.’’; 

23 (3) ‘‘The President should direct the Depart24 ment of Homeland Security to lead the effort to de25 sign a comprehensive screening system, addressing 


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1 common problems and setting common standards 

2 with systemwide goals in mind.’’; 

3 (4) ‘‘A screening system looks for particular, 

4 identifiable suspects or indicators of risk. It does not 

5 involve guesswork about who might be dangerous. It 

6 requires frontline border officials who have the tools 

7 and resources to establish that people are who they 

8 say they are, intercept identifiable suspects, and dis9 rupt terrorist operations.’’; and 

10 (5) ‘‘Inspectors adjudicating entries of the 9/11 

11 hijackers lacked adequate information and knowl12 edge of the rules. A modern border and immigration 

13 system should combine a biometric entry-exit system 

14 with accessible files on visitors and immigrants, 

15 along with intelligence on indicators of terrorist 

16 travel.’’. 

17 (b) AUTOMATED TARGETING SYSTEM FOR PERSONS

18 ENTERING OR DEPARTING THE UNITED STATES.—The 

19 Secretary of Homeland Security, acting through the Com20 missioner of Customs and Border Protection, may estab21 lish an automated system for the purpose of the enforce22 ment of United States law, including laws relating to anti23 terrorism and border security, to assist in the screening 

24 of persons seeking to enter or depart the United States 

25 (in this section referred to as the ‘‘system’’). 


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1 (c) ADMINISTRATIVE PROCESS TO CORRECT INFOR2 MATION.—The Secretary, acting through the Commis3 sioner, shall ensure than an administrative process is es4 tablished, or application of an existing administrative 

5 process is extended, pursuant to which any individual may 

6 apply to correct any information retained by the system 

7 established under subsection (b). Nothing in this section 

8 shall be construed as creating a private right of action for 

9 any case or claim arising from the application of the sys10 tem or the corrective administrative process established or 

11 applied under this section. 

12 (d) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed as abrogating, diminishing, or 

14 weakening the provisions of any Federal or State law that 

15 prevents or protects against the unauthorized collection or 

16 release of personal records. 

Passed the House of Representatives May 9, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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