IB 

Union Calendar No. 72 

110TH CONGRESS 

1ST SESSION H. R. 1684 

[Report No. 110–122] 

To authorize appropriations for the Department of Homeland Security for 

fiscal year 2008, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2007 

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

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

MAY 4, 2007 

Additional sponsors: Ms. JACKSON-LEE of Texas and Mr. PERLMUTTER

MAY 4, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 26, 2007] 

A BILL 

To authorize appropriations for the Department of Homeland 

Security for fiscal year 2008, and for other purposes. 

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


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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. 

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

TITLE IV—PROCUREMENT POLICY AND RESOURCES 

IMPROVEMENTS 

Sec. 401. Homeland security procurement training. 

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

procurement offices. 

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

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

subcontractors. 

Sec. 405. Integrity in contracting. 

Sec. 406. Small business utilization report. 

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

cards of Homeland Security personnel be manufactured in the 

United States. 

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

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

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


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TITLE V—WORKFORCE AND TRAINING IMPROVEMENTS 

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

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

employment. 

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

to appoint and maintain a cadre of Federal annuitants. 

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

Customs and Border Protection. 

Sec. 505. Strengthening Border Patrol recruitment and retention. 

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

Sec. 507. Integrity in post-employment. 

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

Sec. 509. Authorities of Chief Security Officer. 

Sec. 510. Departmental culture improvement. 

Sec. 511. Homeland security education program enhancements. 

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

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

non-law enforcement classes at the Border Patrol Training 

Academy. 

TITLE VI—BIOPREPAREDNESS IMPROVEMENTS 

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

Sec. 602. Improving the material threats process. 

Sec. 603. Study on national biodefense training. 

Sec. 604. National Biosurveillance Integration Center. 

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

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

TITLE VII—HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS 

Sec. 701. Cybersecurity and Communications. 

Sec. 702. Cybersecurity research and development. 

TITLE VIII—SCIENCE AND TECHNOLOGY IMPROVEMENTS 

Sec. 801. Report to Congress on strategic plan. 

Sec. 802. Centers of Excellence Program. 

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

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

Sec. 805. Promoting antiterrorism through International Cooperation Act. 

TITLE IX—BORDER SECURITY IMPROVEMENTS 

Sec. 901. US–VISIT. 

Sec. 902. Shadow Wolves program. 

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

Sec. 904. Student and Exchange Visitor Program. 

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

of entry. 

Sec. 906. Biometric identification of unauthorized aliens. 

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


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TITLE X—INFORMATION SHARING IMPROVEMENTS 

Sec. 1001. State and local fusion center program. 

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

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

the Office of Information Analysis. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 1101. Eligible uses for interoperability grants. 

Sec. 1102. Rural homeland security training initiative. 

Sec. 1103. Critical infrastructure study. 

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

Sec. 1105. Authorized use of surplus military vehicles. 

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

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

Sec. 1108. Encouraging use of computerized training aids. 

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

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

and local partners. 

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

Center. 

Sec. 1112. Metropolitan Medical Response System Program. 

Sec. 1113. Identity fraud prevention grant program. 

Sec. 1114. Technical corrections. 

Sec. 1115. Citizen Corps. 

Sec. 1116. Report regarding Department of Homeland Security implementation 

of Comptroller General and Inspector General recommendations 

regarding protection of agriculture. 

Sec. 1117. Report regarding levee system. 

Sec. 1118. Report on Force Multiplier Program. 

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

grants. 

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

Secret Service. 

Sec. 1121. Data sharing. 

TITLE XII—MARITIME ALIEN SMUGGLING 

Sec. 1201. Short title. 

Sec. 1202. Congressional declaration of findings. 

Sec. 1203. Definitions. 

Sec. 1204. Maritime alien smuggling. 

Sec. 1205. Seizure or forfeiture of property. 


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1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

4 There is authorized to be appropriated to the Secretary 

5 of Homeland Security for the necessary expenses of the De6 partment of Homeland Security for fiscal year 2008, 

7 $39,863,000,000. 

8 TITLE II—POLICY AND 

9 MANAGEMENT IMPROVEMENTS 

10 SEC. 201. ESTABLISHMENT OF DIRECTORATE FOR POLICY. 

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

12 2002 (6 U.S.C. 101 et seq.) is amended by striking sections 

13 401 through 403 and inserting the following: 

14 ‘‘SEC. 401. DIRECTORATE FOR POLICY. 

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

16 Directorate for Policy. The Directorate for Policy shall con17 tain each of the following: 

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

19 be administered by an Assistant Secretary for the 

20 Private Sector. 

21 ‘‘(2) The Victim Assistance Officer. 

22 ‘‘(3) The Tribal Security Officer. 

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

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

25 the Under Secretary for Policy. 


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1 ‘‘(b) UNDER SECRETARY FOR POLICY.— 

2 ‘‘(1) IN GENERAL.—The head of the Directorate 

3 is the Under Secretary for Policy, who shall be ap4 pointed by the President, with the advice and consent 

5 of the Senate. 

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

7 appointed to the position of Under Secretary for Pol8 icy under paragraph (1) unless the individual has, by 

9 education and experience, demonstrated knowledge, 

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

11 planning. 

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

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

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

17 ‘‘(B) To provide overall direction and su18 pervision of policy development for the programs, 

19 offices, and activities of the Department. 

20 ‘‘(C) To ensure that the budget of the De21 partment (including the development of future 

22 year budgets and interaction with the Office of 

23 Management and Budget and with Congress) is 

24 compatible with the statutory and regulatory re25 sponsibilities of the Department and with the 


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1 Secretary’s priorities, strategic plans, and poli2 cies. 

3 ‘‘(D) To conduct long-range, strategic plan4 ning for the Department, including overseeing 

5 the Comprehensive Homeland Security Review 

6 established in section 203. 

7 ‘‘(E) To carry out such other responsibil8 ities as the Secretary may determine are appro9 priate.’’. 

10 (b) ENSURING CONSIDERATION OF THE NEEDS OF

11 CHILDREN.— 

12 (1) IN GENERAL.—The Under Secretary for Pol13 icy of the Department of Homeland Security, acting 

14 through the Assistant Secretary for the Office of Pol15 icy and Development, shall ensure that all depart16 mental policies, programs, and activities appro17 priately consider the needs of and impact upon chil18 dren. 

19 (2) SPECIFIC FUNCTIONS.—The Under Secretary 

20 for Policy shall— 

21 (A) coordinate with other Federal Depart22 ments and agencies to ensure that the needs of 

23 children, schools, and other child-centered facili24 ties are sufficiently understood and incorporated 

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1 ness, response, and recovery plans and activities 

2 for terrorist attacks, major disasters, and other 

3 emergencies (including those involving chemical, 

4 biological, radiological, nuclear, or other explo5 sive weapons), or other manmade disasters; 

6 (B) coordinate with the Office of Grants 

7 within the Federal Emergency Management 

8 Agency to monitor the use of homeland securtity 

9 grants by State, local, or tribal agencies to sup10 port emergency preparedness activities for chil11 dren, schools, and other child-centered facilities, 

12 and make recommendations to improve the effec13 tiveness of such funding; 

14 (C) review public awareness programs and 

15 screening policies by departmental entities, in16 cluding security screening at airports, and en17 sure that such policies consider the needs and 

18 well-being of children; and 

19 (D) ensure that all other departmental ac20 tivities that affect children include consideration 

21 of the needs of children and that relevant agen22 cies of the Department coordinate on this matter 

23 where appropriate. 

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

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1 nual basis thereafter, the Under Secretary for Policy 

2 shall report to the Committee on Homeland Security 

3 of the House of Representatives and to the Committee 

4 on Homeland Security and Governmental Affairs of 

5 the Senate on activities undertaken pursuant to this 

6 subsection and the resulting improvement in security 

7 for children, schools, and other child-centered facili8 ties. 

9 (c) CONFORMING AMENDMENTS.—Such Act is further 

10 amended— 

11 (1) by striking the heading for title IV and in12 serting the following: 

13 ‘‘TITLE IV—DIRECTORATE FOR 

14 POLICY’’; 

15 (2) by striking the heading for subtitle A of title 

16 IV and inserting the following: 

17 ‘‘Subtitle A—Under Secretary for 

18 Policy’’; 

19 (3) in section 103(a)(3), by striking ‘‘for Border 

20 and Transportation Security’’ and inserting ‘‘for Pol21 icy’’; 

22 (4) in section 102(f)(9), by striking ‘‘the Direc23 torate of Border and Transportation Security’’ and 

24 inserting ‘‘United States Customs and Border Protec25 tion’’; 


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1 (5) in section 411(a), by striking ‘‘under the au2 thority of the Under Secretary for Border and Trans3 portation 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 second 

11 sentence; and 

12 (C) by striking subsection (d). 

13 (7) in section 441, by striking ‘‘Under Secretary 

14 for Border and Transportation Security’’ and insert15 ing ‘‘Secretary’’; 

16 (8) in section 442(a)— 

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

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

19 and inserting ‘‘who shall’’; and 

20 (B) in paragraph (3)— 

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

22 ‘‘Under Secretary for Border and Transpor23 tation Security’’ each place it appears and 

24 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 Sec9 retary for Border and Transportation Security’’ and 

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

11 Secretary, the Deputy Secretary’’; 

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

13 Secretary for Border and Transportation Security’’; 

14 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 Protec18 tion, Immigration and Customs Enforcement’’. 

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

20 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 of 

25 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 Security 

4 Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding 

5 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 Depart9 ment: 

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) DELEGATION.—The Secretary shall delegate to 

17 each Chief Operating Officer direct authority over that Offi18 cer’s counterparts in component agencies to ensure that the 

19 component agencies adhere to the laws, rules, regulations, 

20 and departmental policies for which such Officer is respon21 sible for implementing. In coordination with the head of 

22 the relevant component agency, such authorities shall in23 clude, with respect to the Officer’s counterparts within com24 ponent agencies of the Department, the following: 


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1 ‘‘(1) The authority to direct the activities of per2 sonnel. 

3 ‘‘(2) The authority to direct planning, oper4 ations, and training. 

5 ‘‘(3) The authority to direct the budget and other 

6 financial resources. 

7 ‘‘(c) COORDINATION WITH HEADS OF COMPONENT

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

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

10 Operating Officer of a component agency shall coordinate 

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

12 (b) CLERICAL AMENDMENT.—The table of contents in 

13 section 1(b) of such Act is amended by inserting after the 

14 item relating to section 706 the following: 

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

15 SEC. 203. COMPREHENSIVE HOMELAND SECURITY REVIEW. 

16 (a) COMPREHENSIVE HOMELAND SECURITY RE17 VIEW.—Subtitle A of title IV of the Homeland Security Act 

18 of 2002 is further amended by adding at the end the fol19 lowing: 

20 ‘‘SEC. 402. COMPREHENSIVE HOMELAND SECURITY REVIEW. 

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

22 Secretary, acting through the Under Secretary for Policy, 

23 shall conduct a comprehensive examination of the Depart24 ment, to be known as the Comprehensive Homeland Secu25 rity Review. The Secretary shall conduct the first such reVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 view in fiscal year 2009, and shall conduct a subsequent 

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

3 presidential term of a new presidential administration. 

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

5 Homeland Security Review, the Secretary shall— 

6 ‘‘(1) include a Department of Homeland Secu7 rity Strategy that is consistent with the most recent 

8 National Strategy for Homeland Security prescribed 

9 by the President; 

10 ‘‘(2) define sufficient personnel and appropriate 

11 organizational structure and other requirements nec12 essary for the successful execution of the full range of 

13 missions called for in the Department of Homeland 

14 Security Strategy; and 

15 ‘‘(3) identify a budget plan, acquisition strategy, 

16 procurement process, and any other resources, that 

17 are necessary to provide sufficient resources for the 

18 successful execution of the full range of missions called 

19 for in the Department of Homeland Security Strat20 egy. 

21 ‘‘(c) CONDUCT OF REVIEW.— 

22 ‘‘(1) CONSULTATION REQUIRED.—The Secretary 

23 shall conduct each review required under subsection 

24 (a) in consultation with key officials of the Depart25 ment, including the Assistant Secretary of the TransVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 portation Security Administration, the Commissioner 

2 of United States Customs and Border Protection, the 

3 Director of United States Citizenship and Immigra4 tion Services, the Assistant Secretary for Immigration 

5 and Customs Enforcement, the Director of the United 

6 States Secret Service, the Administrator of the Fed7 eral Emergency Management Agency, the Director of 

8 the Federal Law Enforcement Training Center, and 

9 the Commandant of the Coast Guard. 

10 ‘‘(2) RELATIONSHIP WITH FUTURE YEARS HOME11 LAND SECURITY PROGRAM.—The Secretary shall en12 sure that each review conducted under this section is 

13 consistent with the Future Years Homeland Security 

14 Program required under section 874. 

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

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

17 Committee on Homeland Security of the House of 

18 Representatives, to the Committee on Homeland Secu19 rity and Governmental Affairs of the Senate, and to 

20 the President a report on each Comprehensive Home21 land Security Review. Each such report shall be sub22 mitted during the fiscal year following the fiscal year 

23 in which the review is conducted, but not later than 

24 the date on which the President submits to Congress 

25 the budget under section 1105(a) of title 31, United 


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1 States Code, for the fiscal year following the fiscal 

2 year in which the report is to be submitted. 

3 ‘‘(2) CONTENTS.—Each such report shall include 

4 the following, with a focus on reducing and managing 

5 risk and in preparing for, mitigating against, re6 sponding to, and recovering from terrorist attacks, 

7 major disasters, and other emergencies: 

8 ‘‘(A) A comprehensive assessment of the level 

9 of alignment between the Department of Home10 land Security Strategy and the human resources, 

11 infrastructure, assets, and organizational struc12 ture 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 and 

17 response capabilities of the Department as they 

18 relate to the risks of terrorist attacks, major dis19 asters, 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.—Notwith11 standing paragraph (1), the Secretary shall submit 

12 the first Report required under subsection (a) not 

13 later than September 30, 2010. 

14 ‘‘(e) PREPARATIONS FOR FISCAL YEAR 2008 RE15 VIEW.—In fiscal year 2008, the Under Secretary for Policy 

16 shall make all preparations for the conduct of the first Com17 prehensive Homeland Security Review in fiscal year 2009, 

18 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 of 

23 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 in 

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

5 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 Man12 agement 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 and 

18 complex organizations. 

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

21 (b) DEADLINE FOR APPOINTMENT; INCUMBENT.—Not 

22 later than 90 days after the date of the enactment of this 

23 Act, the Secretary of Homeland Security shall name an in24 dividual who meets the qualifications of section 701 of the 

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1 section (a), to serve as the Under Secretary for Manage2 ment. The Secretary may submit the name of the individual 

3 who serves in the position of Under Secretary for Manage4 ment of the Department of Homeland Security on the date 

5 of enactment of this Act together with a statement the in6 forms the Congress that the individual meets the qualifica7 tions of such section as so amended. 

8 SEC. 205. SENSE OF CONGRESS REGARDING CONSOLIDA9 TION OF DEPARTMENT HEADQUARTERS. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) the Department of Homeland Security and 

12 its component headquarters facilities are currently 

13 scattered widely throughout the National Capital Re14 gion (NCR); 

15 (2) this geographic dispersal disrupts the De16 partment’s ability to operate in an efficient manner, 

17 and could impair its ability to prevent, deter, prepare 

18 for, and respond to a terrorist attack, major disaster, 

19 or other emergencies; 

20 (3) the Government Accountability Office con21 tinues to list ‘‘Implementing and Transforming the 

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

23 Risk list’’; 

24 (4) consolidating the Department’s headquarters 

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1 ticable, would be an important step in facilitating the 

2 transformation and integration of the Department; 

3 and 

4 (5) the President has provided funding for De5 partment consolidation in the fiscal year 2008 budget, 

6 and has determined that the only site under the con7 trol of the Federal Government and in the NCR with 

8 the size, capacity, and security features to meet the 

9 Department of Homeland Security’s minimum con10 solidation needs as identified in the Department of 

11 Homeland Security NCR Housing Master Plan sub12 mitted to Congress on October 24, 2006, is the West 

13 Campus of St. Elizabeths Hospital in the District of 

14 Columbia. 

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

16 that the consolidation of the Department and its key compo17 nent headquarters on the West Campus of St. Elizabeths 

18 Hospital, to the maximum extent practicable consistent 

19 with the Department’s Housing Plan as submitted to Con20 gress in October 2006, should move forward as expeditiously 

21 as possible with all the agencies involved in this effort bear22 ing 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 Security 

5 shall include a separate line item for the fiscal year for 

6 expenditures by the Office of Counternarcotics Enforcement 

7 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 (6 

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

20 following: 

21 ‘‘(d) AUTHORITY OF THE ASSISTANT SECRETARY FOR

22 LEGISLATIVE AFFAIRS OVER DEPARTMENTAL COUNTER23 PARTS.— 

24 ‘‘(1) IN GENERAL.—The Secretary for the De25 partment shall ensure that the Assistant Secretary for 

26 Legislative Affairs has adequate authority over his or 


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1 her respective counterparts in component agencies of 

2 the Department to ensure that such component agen3 cies adhere to the laws, rules, regulations, and depart4 mental policies that the Assistant Secretary for Legis5 lative Affairs is responsible for implementing. 

6 ‘‘(2) INCLUDED AUTHORITIES.—The authorities 

7 of the Assistant Secretary for Legislative Affairs shall 

8 include, with respect to the counterparts in compo9 nent agencies of the Department, the following: 

10 ‘‘(A) The authority to direct the activities of 

11 personnel responsible for any of the following: 

12 ‘‘(i) Making recommendations regard13 ing the hiring, termination, and reassign14 ment of individuals. 

15 ‘‘(ii) Developing performance meas16 ures. 

17 ‘‘(iii) Submitting written performance 

18 evaluations during the performance evalua19 tion process that shall be considered in per20 formance reviews, including recommenda21 tions for bonuses, pay raises, and pro22 motions. 

23 ‘‘(iv) Withholding funds from the rel24 evant component agency that would other25 wise be available for a particular purpose 


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1 until the relevant component agency com2 plies with the directions of the Assistant 

3 Secretary for Legislative Affairs or makes 

4 substantial progress towards meeting the 

5 specified goal. 

6 ‘‘(B) The authority to direct planning, op7 erations, and training. 

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

9 other financial resources.’’. 

10 TITLE III—OVERSIGHT 

11 IMPROVEMENTS 

12 SEC. 301. SECURE BORDER INITIATIVE FINANCIAL AC13 COUNTABILITY. 

14 (a) IN GENERAL.—The Inspector General of the De15 partment of Homeland Security shall review each contract 

16 action related to the Department’s Secure Border Initiative 

17 having a value greater than $20,000,000, to determine 

18 whether each such action fully complies with applicable cost 

19 requirements, performance objectives, program milestones, 

20 inclusion of small, minority, and women-owned business, 

21 and timelines. The Inspector General shall complete a re22 view under this subsection with respect to a contract ac23 tion— 

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

25 initiation of the action; and 


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1 (2) upon the conclusion of the performance of the 

2 contract. 

3 (b) REPORT BY INSPECTOR GENERAL.—Upon comple4 tion of each review required under subsection (a), the In5 spector General shall submit to the Secretary of Homeland 

6 Security a report containing the findings of the review, in7 cluding findings regarding any cost overruns, significant 

8 delays in contract execution, lack of rigorous departmental 

9 contract management, insufficient departmental financial 

10 oversight, bundling that limits the ability of small business 

11 to compete, or other high risk business practices. 

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

13 after the receipt of each report required under subsection 

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

15 Committee on Homeland Security of the House of Rep16 resentatives and the Committee on Homeland Security and 

17 Governmental Affairs of the Senate a report on the findings 

18 of the report by the Inspector General and the steps the Sec19 retary has taken, or plans to take, to address the findings 

20 in such report. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

22 authorized to be appropriated for the Office of the Inspector 

23 General of the Department of Homeland Security to carry 

24 out enhanced oversight of the Secure Border Initiative— 


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1 (1) for fiscal year 2008, of the amount author2 ized by section 101 and in addition to the amount 

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

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

5 overall budget of the Office for that fiscal year; and 

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

7 overall budget of the Office for that fiscal year. 

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

9 Inspector General becomes aware of any improper conduct 

10 or wrongdoing in accordance with the contract review re11 quired under subsection (a), the Inspector General shall, as 

12 expeditiously as practicable, refer to the Secretary of Home13 land Security or other appropriate official in the Depart14 ment of Homeland Security information related to such im15 proper conduct or wrongdoing for purposes of evaluating 

16 whether to suspend or debar the contractor. 

17 SEC. 302. AUTHORIZATION LIAISON OFFICER. 

18 Section 702 of the Homeland Security Act of 2002 (6 

19 U.S.C. 342) is amended by adding at the end the following: 

20 ‘‘(d) AUTHORIZATION LIAISON OFFICER.— 

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

22 shall establish the position of Authorization Liaison 

23 Officer to provide timely budget and other financial 

24 information to the Committee on Homeland Security 

25 of the House of Representatives and the Committee on 


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1 Homeland Security and Governmental Affairs of the 

2 Senate. 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 the 

8 greatest extent possible, that all reports prepared for 

9 the Committees on Appropriations of the House of 

10 Representatives and the Senate are submitted concur11 rently to the Committee on Homeland Security of the 

12 House of Representatives and the Committee on 

13 Homeland Security and Governmental Affairs of the 

14 Senate.’’. 

15 SEC. 303. OFFICE OF THE INSPECTOR GENERAL. 

16 Of the amount authorized by section 101, there is au17 thorized to be appropriated to the Secretary of Homeland 

18 Security $108,500,000 for fiscal year 2008 for operations 

19 of the Office of the Inspector General of the Department of 

20 Homeland Security. 

21 SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT. 

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

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

24 at the end the following: 


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1 ‘‘SEC. 104. CONGRESSIONAL NOTIFICATION. 

2 ‘‘(a) IN GENERAL.—The Secretary shall actively con3 sult with the congressional homeland security committees, 

4 and shall keep such committees fully and currently in5 formed with respect to all activities and responsibilities 

6 within the jurisdictions of these committees. 

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

8 section affects the requirements of section 872. The require9 ments of this section supplement, and do not replace, the 

10 requirements of that section. 

11 ‘‘(c) CLASSIFIED NOTIFICATION.—The Secretary may 

12 submit any information required by this section in classi13 fied form if the information is classified pursuant to appli14 cable national security standards. 

15 ‘‘(d) SAVINGS CLAUSE.—This section shall not be con16 strued to limit or otherwise affect the congressional notifica17 tion requirements of title V of the National Security Act 

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

19 the Department. 

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

21 ‘congressional homeland security committees’ means the 

22 Committee on Homeland Security and the Committee on 

23 Appropriations of the House of Representatives and the 

24 Committee on Homeland Security and Governmental Af25 fairs and the Committee on Appropriations of the Senate.’’. 


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1 (b) CONFORMING 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 title the following: 

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

4 (c) COAST GUARD MISSION REVIEW REPORT.—Sec5 tion 888(f)(2) of the Homeland Security Act of 2002 (6 

6 U.S.C. 468(f)(2)) is amended— 

7 (1) by redesignating subparagraphs (B) through 

8 (E) as subparagraphs (C) through (F) respectively; 

9 and 

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

11 the following: 

12 ‘‘(A) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 ‘‘(B) the Committee on Homeland Security 

15 of the House of Representatives;’’. 

16 SEC. 305. SENSE OF CONGRESS REGARDING OVERSIGHT OF 

17 HOMELAND SECURITY. 

18 It is the sense of the Congress that the House of Rep19 resentatives and the Senate should implement the rec20 ommendation of the National Commission on Terrorist At21 tacks Upon the United States to designate a committee in 

22 each body to serve as the single, principal point of oversight 

23 and review for homeland security and to authorize the ac24 tivities of the Department of Homeland Security. 


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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 TRAINING. 

9 ‘‘(a) PROVISION OF TRAINING.—The Chief Procure10 ment Officer shall provide homeland security procurement 

11 training to acquisition employees. 

12 ‘‘(b) RESPONSIBILITIES OF CHIEF PROCUREMENT OF13 FICER.—The Chief Procurement Officer shall carry out the 

14 following responsibilities: 

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

16 and effective use of available acquisition resources by 

17 coordinating the acquisition education and training 

18 programs of the Department and tailoring them to 

19 support the careers of acquisition employees. 

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

21 on Procurement Training established under subsection 

22 (d), the curriculum of the homeland security procure23 ment training to be provided. 

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

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1 quirements, and courses to be required for acquisition 

2 employees. 

3 ‘‘(4) Establish an appropriate centralized mecha4 nism to control the allocation of resources for con5 ducting such required courses and other training and 

6 education. 

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

8 to ensure that the procurement training curriculum 

9 supports a coherent framework for the educational de10 velopment of acquisition employees, including the pro11 vision of basic, intermediate, and advanced courses. 

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

13 list of the acquisition education and training courses. 

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

15 student enrollment, and other data related to students 

16 and courses conducted pursuant to this section. 

17 ‘‘(c) ELIGIBILITY FOR TRAINING.—An acquisition em18 ployee of any entity under subsection (d)(3) may receive 

19 training provided under this section. The appropriate mem20 ber of the Council on Procurement Training may direct 

21 such an employee to receive procurement training. 

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

23 ‘‘(1) ESTABLISHMENT.—The Secretary shall es24 tablish a Council on Procurement Training to advise 


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1 and make policy and curriculum recommendations to 

2 the Chief Procurement Officer. 

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

4 Council on Procurement Training shall be the Deputy 

5 Chief Procurement Officer. 

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

7 Procurement Training are the chief procurement offi8 cers of each of the following: 

9 ‘‘(A) United States Customs and Border 

10 Protection. 

11 ‘‘(B) The Transportation Security Adminis12 tration. 

13 ‘‘(C) The Office of Procurement Operations. 

14 ‘‘(D) The Bureau of Immigration and Cus15 toms Enforcement. 

16 ‘‘(E) The Federal Emergency Management 

17 Agency. 

18 ‘‘(F) The Coast Guard. 

19 ‘‘(G) The Federal Law Enforcement Train20 ing Center. 

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

22 ‘‘(I) Such other entity as the Secretary de23 termines appropriate. 

24 ‘‘(e) ACQUISITION EMPLOYEE DEFINED.—For pur25 poses of this section, the term ‘acquisition employee’ means 


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1 an employee serving under a career or career-conditional 

2 appointment in the competitive service or appointment of 

3 equivalent tenure in the excepted service of the Federal Gov4 ernment, at least 50 percent of whose assigned duties in5 clude acquisitions, procurement-related program manage6 ment, or procurement-related oversight functions. 

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

8 each year, the Chief Procurement Officer shall submit to 

9 the Secretary a report on the procurement training pro10 vided under this section, which shall include information 

11 about student enrollment, students who enroll but do not 

12 attend courses, graduates, certifications, and other relevant 

13 information.’’. 

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

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

16 of the items relating to such subtitle the following: 

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

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

18 OF FEDERAL ANNUITANTS FOR PROCURE19 MENT OFFICES. 

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

21 (1) the term ‘‘procurement office’’ means the Of22 fice of Procurement Operations and any other pro23 curement office within any agency or other compo24 nent of the Department; 


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

2 under a Government retirement system; 

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

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

5 and 

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

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

8 Code. 

9 (b) APPOINTMENT AUTHORITY.—The Secretary (act10 ing through the Chief Procurement Officer) may, for the 

11 purpose of supporting the Department’s acquisition capa12 bilities and enhancing contract management throughout the 

13 Department, appoint annuitants to positions in procure14 ment offices in accordance with succeeding provisions of 

15 this section. 

16 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

17 FROM OFFSET.—An appointment made under subsection 

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

19 States Code, governing appointments in the competitive 

20 service, and any annuitant serving pursuant to such an 

21 appointment shall be exempt from sections 8344 and 8468 

22 of such title 5 (relating to annuities and pay on reemploy23 ment) and any other similar provision of law under a Gov24 ernment retirement system. 


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1 (d) LIMITATIONS.—No appointment under subsection 

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

3 displacement of any employee or would cause the total num4 ber of positions filled by annuitants appointed under such 

5 subsection to exceed 250 as of any time (determined on a 

6 full-time equivalent basis). 

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

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

9 not be considered an employee for purposes of any Govern10 ment retirement system. 

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

12 period beginning on the date of the enactment of this Act— 

13 (1) any authority to make appointments under 

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

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

16 cease to be effective. 

17 SEC. 403. ADDITIONAL REQUIREMENT TO REVIEW PAST 

18 PERFORMANCE OF CONTRACTORS. 

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

20 by adding at the end the following new section: 

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

22 ‘‘(a) CONSIDERATION OF CONTRACTOR PAST PER23 FORMANCE.—In awarding a contract to a contractor, the 

24 Secretary shall consider the past performance of that con25 tractor based on the review conducted under subsection (b). 


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1 ‘‘(b) REVIEW REQUIRED.—Before awarding to a con2 tractor (including a contractor that has previously provided 

3 goods or services to the Department) a contract to provide 

4 goods or services to the Department, the Secretary, acting 

5 through the appropriate contracting officer of the Depart6 ment, shall require the contractor to submit information re7 garding the contractor’s performance of Federal, State, and 

8 local government and private sector contracts. 

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

10 any review of a contractor conducted under subsection (b), 

11 the Secretary, acting through an appropriate contracting 

12 officer of the Department, shall contact the relevant official 

13 who administered or oversaw each contract performed by 

14 that contractor during the five-year period preceding the 

15 date on which the review begins.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents in 

17 section 1(b) of such Act is amended by adding at the end 

18 of the items relating to such subtitle the following: 

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

19 SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN OWNER20 SHIP OR CONTROL OF CONTRACTORS AND 

21 SUBCONTRACTORS. 

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

23 respect to any procurement of goods or services by the De24 partment of Homeland Security, the Chief Procurement Of25 ficer of the Department shall conduct an independent reVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 view of the procurement to ensure that it complies with all 

2 relevant provisions of the Buy American Act (41 U.S.C. 10a 

3 et seq.). 

4 (b) FOREIGN OWNERSHIP OR CONTROL OF CONTRAC5 TORS AND SUBCONTRACTORS.— 

6 (1) DISCLOSURE OF INFORMATION.—With re7 spect to any procurement of goods or services by the 

8 Department of Homeland Security, the Secretary of 

9 Homeland Security shall require an offeror or pro10 spective offeror to disclose whether the offeror or any 

11 prospective subcontractor (at any tier) is owned or 

12 controlled by a foreign person. The Secretary shall re13 quire all offerors, prospective offerors, and contractors 

14 to update the disclosure at any time before award of 

15 the contract or during performance of the contract, if 

16 the information provided becomes incorrect because of 

17 a change of ownership, a change in subcontractors, or 

18 for any other reason. 

19 (2) FOREIGN OWNERSHIP OR CONTROL.—In this 

20 subsection: 

21 (A) The term ‘‘owned or controlled by a for22 eign person’’, with respect to an offeror, con23 tractor, or subcontractor, means that a foreign 

24 person owns or controls, directly or indirectly, 

25 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 cit9 izen 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 regula13 tions 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.) is 

17 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 offeror’s 

22 bid for such contract an attestation that affirmatively dis23 closes any substantial role the offeror, the employees of the 

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

25 may have played in creating a solicitation, request for proVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 posal, statement of work, or statement of objectives (as those 

2 terms are defined in the Federal Acquisition Regulation) 

3 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 the 

8 offeror played a substantial role in creating a solicitation, 

9 request for proposal, statement of work, or statement of ob10 jectives for the Department, the Secretary shall require the 

11 offeror to submit to the Secretary a description of the safe12 guards used to ensure that precautions were in place to pre13 vent the offeror from receiving information through such 

14 role that could be used to provide the offeror an undue ad15 vantage 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 serv19 ices to the Department to submit to the Secretary as 

20 part of the offeror’s bid for such contract a certifi21 cation in writing whether, as of the date on which the 

22 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 in 

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

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

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

10 SEC. 406. SMALL BUSINESS UTILIZATION REPORT. 

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

12 of the enactment of this Act, the Chief Procurement Officer 

13 of the Department of Homeland Security shall submit to 

14 the Secretary of Homeland Security, the Committee on 

15 Homeland Security of the House of Representatives, and 

16 the Committee on Homeland Security and Governmental 

17 Affairs of the Senate a report that— 

18 (1) identifies each component of the Department 

19 for which the aggregate value of contracts awarded in 

20 fiscal year 2006 by the component to qualified 

21 HUBZone small business concerns and small business 

22 concerns owned and controlled by service-disabled vet23 erans was less than 3 percent of the total value of all 

24 contracts awarded under the component for that fiscal 

25 year; and 


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1 (2) identifies each component of the Department 

2 for which the aggregate value of contracts awarded in 

3 fiscal year 2006 by the component to socially or eco4 nomically disadvantaged small business concerns, in5 cluding 8(a) small business concerns, and small busi6 ness concerns owned and controlled by women was 

7 less than 5 percent of the total value of all contracts 

8 awarded by the component for that fiscal year. 

9 (b) ACTION PLAN.— 

10 (1) ACTION PLAN REQUIRED.—Not later than 90 

11 days after the date of the submission of the report re12 quired under subsection (a), the Chief Procurement 

13 Officer, in consultation with Office of Small and Dis14 advantaged Businesses Utilization of the Department, 

15 shall for each component identified under subsection 

16 (a)(1) and (a)(2), develop, submit to the Committees 

17 referred to in subsection (a), and begin implementing 

18 an action plan for achieving the objective described in 

19 subsection (b)(2). An action plan is not required if 

20 the component meets or exceeds the objective described 

21 in subsection (b)(2). 

22 (2) IDENTIFICATION OF BARRIERS.—Each action 

23 plan shall identify and describe any barriers to 

24 achieving the objectives of awarding by the compo25 nent, for a fiscal year, contracts having an aggregate 


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1 value of at least 3 percent of the total value of all con2 tracts awarded by the component for the fiscal year 

3 to small business concerns identified under subsection 

4 (a)(1) and 5 percent of the total value of all contracts 

5 awarded by the component for the fiscal year to small 

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

7 (3) PERFORMANCE MEASURES AND TIME8 TABLE.—Each action plan submitted under para9 graph (1) shall include performance measures and a 

10 timetable for compliance and achievement of the objec11 tives described in paragraph (2). 

12 (c) PRIORITY CONSIDERATION.— 

13 (1) IN GENERAL.—The Chief Procurement Offi14 cer may give priority consideration to small business 

15 concerns for all open market procurements exceeding 

16 the simplified acquisition threshold prior to initiating 

17 full and open, or unrestricted, competition. 

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

19 priority consideration under paragraph (1), the Chief 

20 Procurement Officer shall consider contracting pro21 posals in the following order: 

22 (A) Proposals submitted by 8(a) small busi23 ness concerns or HUBZone small business con24 cerns; service-disabled veteran owned small busiVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 ness concerns; or women owned small business 

2 concerns. 

3 (B) Proposals submitted by other small 

4 business concerns. 

5 (C) Proposals submitted under full and 

6 open competition. 

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

8 with respect to proposals submitted by small business 

9 concerns described in the same subparagraph of para10 graph (2), the Chief Procurement Officer shall select 

11 the appropriate category of concern based on market 

12 research, historical data, and progress toward achiev13 ing the objective described in subsection (b)(2). 

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

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

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

17 small business concern’’, ‘‘small business concern owned and 

18 controlled by service-disabled veterans’’, ‘‘8(a) small busi19 ness concerns’’, and ‘‘qualified HUBZone small business 

20 concern’’ have the meanings given such terms under the 

21 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.) is 

7 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 article 

15 described in section (b) if the item is not manufactured in 

16 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 ‘‘(4) Identification cards. 

25 ‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) does 

26 not apply to the extent that the Secretary determines that 


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1 satisfactory quality and sufficient quantity of the article 

2 cannot be procured as and when needed at United States 

3 market prices. If such a determination is made with respect 

4 to an article, the Secretary shall— 

5 ‘‘(1) notify the Committee on Homeland Security 

6 of the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the 

8 Senate within 7 days after making the determination; 

9 and 

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

11 that manufacturing the article outside the United 

12 States does not pose a risk to the national security of 

13 the United States, as well as a detailed explanation 

14 of the steps any facility outside the United States that 

15 is manufacturing the article will be required to take 

16 to ensure that the materials, patterns, logos, designs, 

17 or any other element used in or for the article are not 

18 misappropriated. 

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

20 apply— 

21 ‘‘(1) to acquisitions at or below the micro-pur22 chase threshold (as defined in section 32 of the Office 

23 of Federal Procurement Policy Act (41 U.S.C. 428)); 

24 and 


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1 ‘‘(2) to acquisitions outside the United States for 

2 use outside of the United States. 

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

4 2008 and each subsequent fiscal year, the Secretary shall 

5 take all available steps to ensure that, to the maximum ex6 tent practicable, the items described in subsection (b) pro7 cured by the Department are manufactured using domestic 

8 textiles. 

9 ‘‘(f) RELATIONSHIP TO WAIVER UNDER TRADE

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

11 notwithstanding any waiver under section 301 of the Trade 

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

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

14 in section 1(b) of the Homeland Security Act of 2002 is 

15 amended by adding at the end of the items relating to such 

16 subtitle the following new item: 

‘‘Sec. 839. Requirement that certain articles procured for Department personnel 

be manufactured in the United States.’’. 

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

18 section take effect 120 days after the date of the enactment 

19 of this Act and apply to any contract entered into on or 

20 after that date for the procurement of items to which such 

21 amendments apply. 


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1 SEC. 408. DEPARTMENT OF HOMELAND SECURITY MENTOR2 PROTE ́ GE ́ PROGRAM. 

3 (a) ESTABLISHMENT.—The Secretary of Homeland 

4 Security shall establish within the Department of Home5 land Security’s Office of Small and Disadvantaged Busi6 ness Utilization a Mentor-Prote ́ge ́ Program, which shall 

7 motivate and encourage prime contractors that are large 

8 businesses to provide developmental assistance to small 

9 business concerns, small business concerns owned and con10 trolled by veterans, small business concerns owned and con11 trolled by service-disabled veterans, HUBZone small busi12 ness concerns, small business concerns owned by socially 

13 and economically disadvantaged individuals, and small 

14 business concerns owned and controlled by women. 

15 (b) PARTICIPATION BY CONTRACTORS AND

16 OFFERORS.—The Secretary shall take affirmative steps to 

17 publicize and to ensure that Department contractors and 

18 offerors are fully aware of and are participating in the 

19 Mentor-Prote ́ge ́ Program, including that their efforts to seek 

20 and develop a formal Mentor-Prote ́ge ́ relationship will be 

21 a factor in the evaluation of bids or offers for Department 

22 contracts. 

23 (c) FACTOR IN EVALUATION OF OFFERS.—When evalu24 ating the offer of a contractor, the Department of Homeland 

25 Security shall consider that offeror’s efforts to seek and deVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 velop a formal Mentor-Prote ́ge ́ relationship under the Men2 tor-Prote ́ge ́ Program. 

3 (d) REVIEW BY INSPECTOR GENERAL.—The Inspector 

4 General of the Department of Homeland Security shall con5 duct a review of the Mentor-Prote ́ge ́ Program. Such review 

6 shall include— 

7 (1) an assessment of the program’s effectiveness; 

8 (2) identification of any barriers that restrict 

9 contractors from participating in the program; 

10 (3) a comparison of the program with the De11 partment of Defense Mentor-Prote ́ge ́ Program; and 

12 (4) development of recommendations to strength13 en the program to include the maximum number of 

14 contractors as possible. 

15 SEC. 409. PROHIBITION ON AWARD OF CONTRACTS AND 

16 GRANTS TO EDUCATIONAL INSTITUTIONS 

17 NOT SUPPORTING COAST GUARD EFFORTS. 

18 (a) PROHIBITION.—The Secretary of Homeland Secu19 rity may not award a contract or grant to an institution 

20 of higher education (including any subelement of that insti21 tution) if that institution (or any subelement of that insti22 tution) has a policy or practice (regardless of when imple23 mented) that prohibits, or in effect prevents, the Com24 mandant of the Coast Guard from gaining access to cam25 puses of the institution, or access to students (who are 17 


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1 years of age or older) on such campuses, for purposes of 

2 recruiting, in a manner that is at least equal in quality 

3 and scope to the access to campuses and to students that 

4 is provided to any other employer. 

5 (b) INSTITUTION OF HIGHER EDUCATION DEFINED.— 

6 For purposes of this section, the term ‘‘institution of higher 

7 education’’ has the meaning provided in section 101 of the 

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

9 (c) LIMITATION ON APPLICATION.—The prohibition in 

10 this section shall not apply to an institution of higher edu11 cation (or any subelement of that institution) if the Sec12 retary of Homeland Security determines that the institu13 tion of higher education has a longstanding policy of paci14 fism based on historical religious affiliation. 

15 SEC. 410. REPORT ON SOURCE OF SHORTFALLS AT FED16 ERAL PROTECTIVE SERVICE. 

17 The Secretary of Homeland Security may not conduct 

18 a reduction in force or furlough of the workforce of the Fed19 eral Protective Service until— 

20 (1) the Comptroller General of the United States 

21 submits to the Committees on Homeland Security and 

22 Transportation and Infrastructure of the House of 

23 Representatives and the Committee on Homeland Se24 curity and Governmental Affairs of the Senate the re25 port on the source of shortfalls at the Federal ProtecVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 tive Service that was requested by the Committee on 

2 Homeland Security and Governmental Affairs of the 

3 Senate; and 

4 (2) the Committee on Homeland Security and 

5 Governmental Affairs of the Senate and the Commit6 tees on Homeland Security and Transportation and 

7 Infrastructure of the House of Representatives have 

8 conducted hearings on such report. 

9 TITLE V—WORKFORCE AND 

10 TRAINING IMPROVEMENTS 

11 SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER 

12 PAY EQUITY. 

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

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

15 means a retirement system established by law for em16 ployees of the Government of the United States. 

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

18 Officer position’’ refers to any Customs and Border 

19 Protection Officer position— 

20 (A) which is within the Department of 

21 Homeland Security, and 

22 (B) the primary duties of which consist of 

23 enforcing the border, customs, or agriculture laws 

24 of the United States; 


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1 such term includes a supervisory or administrative 

2 position within the Department of Homeland Secu3 rity to which an individual transfers directly from a 

4 position described in the preceding provisions of this 

5 paragraph in which such individual served for at 

6 least three years. 

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

8 meaning given such term under the Government re9 tirement system involved. 

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

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

12 United States Code. 

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

14 service as a Customs and Border Protection Officer 

15 within the Department of Homeland Security, since 

16 its establishment in March 2003. 

17 (b) TREATMENT AS A LAW ENFORCEMENT OFFICER.— 

18 In the administration of any Government retirement sys19 tem, service in a Customs and Border Protection Officer 

20 position shall be treated in the same way as service per21 formed in a law enforcement officer position, subject to suc22 ceeding provisions of this section. 

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

24 case of— 


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1 (1) any individual first appointed to a Customs 

2 and Border Protection Officer position on or after the 

3 date of the enactment of this Act; and 

4 (2) any individual who— 

5 (A) holds a Customs and Border Protection 

6 Officer position on the date of the enactment of 

7 this Act pursuant to an appointment made be8 fore such date; and 

9 (B) who submits to the agency admin10 istering the retirement system involved an ap11 propriate election under this section, not later 

12 than five years after the date of the enactment of 

13 this Act or before separation from Government 

14 service, whichever is earlier. 

15 (d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR QUALI16 FIED SERVICE.— 

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

18 subsection (c)(2)(B) may, with respect to prior quali19 fied service performed by such individual, contribute 

20 to the Government retirement system by which such 

21 individual is covered (for deposit in the appropriate 

22 fund within the Treasury) the difference between the 

23 individual contributions that were actually made for 

24 such service and the individual contributions that 


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1 should have been made for such service if subsection 

2 (b) had then been in effect (with interest). 

3 (2) EFFECT OF NOT CONTRIBUTING.—If less than 

4 the full contribution under paragraph (1) is made, all 

5 prior qualified service of the individual shall remain 

6 fully creditable as law enforcement officer service, but 

7 the resulting annuity (before cost-of-living adjust8 ments) shall be reduced in a manner such that, when 

9 combined with the unpaid amount, would result in 

10 the present value of the total being actuarially equiva11 lent to the present value of the annuity that would 

12 otherwise have been payable if the full contribution 

13 had been made. 

14 (e) GOVERNMENT CONTRIBUTIONS FOR PRIOR QUALI15 FIED SERVICE.— 

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

17 election under subsection (c)(2)(B), the Department of 

18 Homeland Security shall remit, with respect to any 

19 prior qualified service, the total amount of additional 

20 Government contributions that would have been re21 quired for such service under the retirement system 

22 involved if subsection (b) had then been in effect (with 

23 interest). 

24 (2) CONTRIBUTIONS TO BE MADE RATABLY.— 

25 Government contributions under this subsection on 


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

2 least an annual basis) over the ten-year period begin3 ning on the date an individual’s retirement deduc4 tions begin to be made. 

5 (f) EXEMPTION FROM MANDATORY SEPARATION.—Ef6 fective during the three-year period beginning on the date 

7 of the enactment of this Act, nothing in this section shall 

8 result in any individual being involuntarily separated on 

9 account of the provisions of any retirement system relating 

10 to the mandatory separation of a law enforcement officer 

11 on account of age or age and service combined. 

12 (g) RULE OF CONSTRUCTION.—Nothing in this section 

13 shall be considered to apply in the case of a reemployed 

14 annuitant. 

15 (h) REGULATIONS.—Any regulations necessary to 

16 carry out this section shall be prescribed in consultation 

17 with the Secretary of Homeland Security. 

18 SEC. 502. PLAN TO IMPROVE REPRESENTATION OF MINORI19 TIES IN VARIOUS CATEGORIES OF EMPLOY20 MENT. 

21 (a) PLAN FOR IMPROVING REPRESENTATION OF MI22 NORITIES.—Not later than 90 days after the date of the en23 actment of this Act, the Chief Human Capital Officer of 

24 the Department of Homeland Security shall prepare and 

25 transmit to the Committee on Homeland Security of the 


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1 House of Representatives, the Committee on Homeland Se2 curity and Governmental Affairs of the Senate, and the 

3 Comptroller General of the United States a plan to achieve 

4 the objective of addressing any under representation of mi5 norities in the various categories of civil service employ6 ment within such Department. Such plan shall identify and 

7 describe any barriers to achieving the objective described in 

8 the preceding sentence and the strategies and measures in9 cluded in the plan to overcome them. 

10 (b) ASSESSMENTS.—Not later than 1 year after receiv11 ing the plan, the Comptroller General of the United States 

12 shall assess— 

13 (1) any programs and other measures currently 

14 being implemented to achieve the objective described 

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

16 (2) the likelihood that the plan will allow the De17 partment to achieve such objective. 

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

19 (1) the term ‘‘under representation’’ means when 

20 the members of a minority group within a category 

21 of Federal civil service employment constitute a lower 

22 percentage of the total number of employees within 

23 the employment category than the percentage that the 

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1 eral Government, according to statistics issued by the 

2 Office of Personnel Management; 

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

4 means— 

5 (A) racial and ethnic minorities; 

6 (B) women; and 

7 (C) individuals with disabilities; and 

8 (3) the term ‘‘category of civil service employ9 ment’’ means— 

10 (A) each pay grade, pay band, or other clas11 sification of every pay schedule and all other lev12 els of pay applicable to the Department of 

13 Homeland Security; and 

14 (B) such occupational, professional, or other 

15 groupings (including occupational series) as the 

16 Chief Human Capital Officer of the Department 

17 of Homeland Security may specify, in the plan 

18 described in subsection (a), in order to carry out 

19 the purposes of this section. 

20 SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL 

21 LAW ENFORCEMENT TRAINING CENTER TO 

22 APPOINT AND MAINTAIN A CADRE OF FED23 ERAL ANNUITANTS. 

24 Section 1202(a) of the 2002 Supplemental Appropria25 tions Act for Further Recovery From and Response To TerVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 rorist Attacks on the United States (42 U.S.C. 3771 note) 

2 is amended in the first sentence by striking ‘‘December 31, 

3 2007’’ and inserting ‘‘December 31, 2008’’. 

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

5 OF FEDERAL ANNUITANTS FOR CUSTOMS 

6 AND BORDER PROTECTION. 

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

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

9 Customs and Border Protection; 

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 Commissioner of the United States Customs 

20 and Border Protection) may, for the purpose of accelerating 

21 the ability of the CBP to secure the borders of the United 

22 States, appoint annuitants to positions in the CBP in ac23 cordance with succeeding provisions of this section. 

24 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

25 FROM OFFSET.—An appointment made under subsection 


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

2 States Code, governing appointments in the competitive 

3 service, and any annuitant serving pursuant to such an 

4 appointment shall be exempt from sections 8344 and 8468 

5 of such title 5 (relating to annuities and pay on reemploy6 ment) and any other similar provision of law under a Gov7 ernment retirement system. 

8 (d) LIMITATIONS.—No appointment under subsection 

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

10 displacement of any employee or would cause the total num11 ber of positions filled by annuitants appointed under such 

12 subsection to exceed 500 as of any time (determined on a 

13 full-time equivalent basis). 

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

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

16 not be considered an employee for purposes of any Govern17 ment retirement system. 

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

19 period beginning on the date of the enactment of this Act— 

20 (1) any authority to make appointments under 

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

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

23 cease to be effective. 


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1 SEC. 505. STRENGTHENING BORDER PATROL RECRUIT2 MENT AND RETENTION. 

3 (a) IN GENERAL.—In order to address the recruitment 

4 and retention challenges faced by United States Customs 

5 and Border Protection, the Secretary of Homeland Security 

6 shall establish a plan, consistent with existing Federal stat7 utes applicable to pay, recruitment, relocation, and reten8 tion of Federal law enforcement officers. Such plan shall 

9 include the following components: 

10 (1) The establishment of a recruitment incentive 

11 for Border Patrol agents, including the establishment 

12 of a foreign language incentive award. 

13 (2) The establishment of a retention plan, in14 cluding the payment of bonuses to Border Patrol 

15 agents for every year of service after the first two 

16 years of service. 

17 (3) An increase in the pay percentage differen18 tials to Border Patrol agents in certain high-cost 

19 areas, as determined by the Secretary, consistent with 

20 entry-level pay to other Federal, State, and local law 

21 enforcement agencies. 

22 (4) The establishment of a mechanism whereby 

23 Border Patrol agents can transfer from one location 

24 to another after the first two years of service in their 

25 initial duty location. 


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1 (5) The establishment of quarterly goals for the 

2 recruitment of new Border Patrol agents, including 

3 goals for the number of recruits entering Border Pa4 trol training, and the number of recruits who success5 fully complete such training and become Border Pa6 trol agents. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—Not later than the first cal9 endar quarter after the date of the enactment of this 

10 Act and every calendar quarter thereafter, the Sec11 retary of Homeland Security shall submit to the Com12 mittee on Homeland Security of the House of Rep13 resentatives and the Committee on Homeland Secu14 rity and Governmental Affairs of the Senate a report 

15 identifying whether the quarterly goals for the recruit16 ment of new Border Patrol agents established under 

17 subsection (a)(5) were met, and an update on the sta18 tus of recruitment efforts and attrition rates among 

19 Border Patrol agents. 

20 (2) CONTENTS OF REPORT.—The report required 

21 under paragraph (1) shall contain, at a minimum, 

22 the following with respect to each calendar quarter: 

23 (A) The number of recruits who enter Bor24 der Patrol training. 


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1 (B) The number of recruits who successfully 

2 complete such training and become Border Pa3 trol agents. 

4 (C) The number of Border Patrol agents 

5 who are lost to attrition. 

6 SEC. 506. LIMITATION ON REIMBURSEMENTS RELATING TO 

7 CERTAIN DETAILEES. 

8 In the case of an individual assigned to the Depart9 ment of Homeland Security as a detailee under an arrange10 ment described in subchapter VI of chapter 33 of title 5, 

11 United States Code, the maximum reimbursement by the 

12 Department of Homeland Security which may be made 

13 under section 3374(c) of such title with respect to such indi14 vidual for the period of the assignment (including for any 

15 employee benefits) may not exceed the total amount of basic 

16 pay that would have been payable for such period if such 

17 individual had been paid, at the highest rate allowable 

18 under section 5382 of such title, as a member of the Senior 

19 Executive Service. 

20 SEC. 507. INTEGRITY IN POST-EMPLOYMENT. 

21 (a) DESIGNATIONS AS SEPARATE AGENCIES AND BU22 REAUS BARRED.—No agency, bureau, or other entity of the 

23 Department of Homeland Security may be designated 

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

25 a separate agency or bureau. 


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1 (b) EFFECTIVE DATE.— 

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

3 later of— 

4 (A) June 6, 2007; or 

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

6 (2) APPLICABILITY TO DESIGNATIONS.—The fol7 lowing shall cease to be effective on the date this sec8 tion takes effect under paragraph (1): 

9 (A) Any waiver of restrictions made under 

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

11 Code, before the enactment of this Act, with re12 spect to any position, or category of positions, in 

13 the Department of Homeland Security. 

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

15 or other entity in the Department of Homeland 

16 Security, before the enactment of this Act, under 

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

18 as a separate agency or bureau. 

19 SEC. 508. INCREASED SECURITY SCREENING OF HOMELAND 

20 SECURITY OFFICIALS. 

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

22 the date of enactment of this Act, the Secretary of Homeland 

23 Security shall conduct a Department-wide review of the De24 partment of Homeland Security security clearance and 

25 suitability review procedures for Department employees 


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1 and contractors, as well as individuals in State and local 

2 government agencies and private sector entities with a need 

3 to receive classified information. 

4 (b) STRENGTHENING OF SECURITY SCREENING POLI5 CIES.— 

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

7 review conducted under subsection (a), the Secretary 

8 shall, as appropriate, take all necessary steps to 

9 strengthen the Department’s security screening poli10 cies, including consolidating the security clearance in11 vestigative authority at the headquarters of the De12 partment. 

13 (2) ELEMENTS.—In strengthening security 

14 screening policies under paragraph (1), the Secretary 

15 shall consider whether and where appropriate ensure 

16 that— 

17 (A) all components of the Department of 

18 Homeland Security meet or exceed Federal and 

19 Departmental standards for security clearance 

20 investigations, adjudications, and suitability re21 views; 

22 (B) the Department has a cadre of well23 trained adjudicators and the Department has in 

24 place a program to train and oversee adjudica25 tors; and 


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1 (C) suitability reviews are conducted for all 

2 Department of Homeland Security employees 

3 who transfer from a component of the Depart4 ment to the headquarters of the Departmental. 

5 SEC. 509. AUTHORITIES OF CHIEF SECURITY OFFICER. 

6 (a) ESTABLISHMENT.—Title VII of the Homeland Se7 curity Act of 2002 (6 U.S.C. 341 et seq.) is further amended 

8 by adding at the end the following: 

9 ‘‘SEC. 708. CHIEF SECURITY OFFICER. 

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

11 Chief Security Officer. 

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

13 shall— 

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

15 facility access, security awareness, and related train16 ing; 

17 ‘‘(2) ensure that each component of the Depart18 ment complies with Federal standards for security 

19 clearances and background investigations; 

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

21 that individuals in State and local government agen22 cies and private sector entities with a need to receive 

23 classified information, receive the appropriate clear24 ances in a timely fashion; and 


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

2 by the Secretary.’’. 

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

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

5 items relating to such title the following new item: 

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

6 SEC. 510. DEPARTMENTAL CULTURE IMPROVEMENT. 

7 (a) CONSIDERATION REQUIRED.—The Secretary of 

8 Homeland Security, acting through the Chief Human Cap9 ital Officer, shall consider implementing recommendations 

10 set forth in the Homeland Security Advisory Council Cul11 ture Task Force Report of January 2007. 

12 (b) IDENTIFICATION OF TERMS.—As part of this con13 sideration, the Secretary, acting through the Chief Human 

14 Capital Officer, shall identify an appropriate term, as 

15 among ‘‘workforce’’, ‘‘personnel’’, and ‘‘employee’’, to re16 place ‘‘human capital’’ and integrate its use throughout the 

17 operations, policies, and programs of the Department of 

18 Homeland Security. 

19 SEC. 511. HOMELAND SECURITY EDUCATION PROGRAM EN20 HANCEMENTS. 

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

22 (6 U.S.C. 415(b)) is amended to read as follows: 

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

24 maximize efficiency and effectiveness in carrying out the 

25 Program, the Administrator shall use curricula modeled on 


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1 existing Department-reviewed Master’s Degree curricula in 

2 homeland security, including curricula pending accredita3 tion, together with associated learning materials, quality 

4 assessment tools, digital libraries, asynchronous distance 

5 learning, video conferencing, exercise systems, and other 

6 educational facilities, including the National Domestic Pre7 paredness Consortium, the National Fire Academy, and the 

8 Emergency Management Institute. The Administrator may 

9 develop additional educational programs, as appropriate.’’. 

10 SEC. 512. REPEAL OF CHAPTER 97 OF TITLE 5, UNITED 

11 STATES CODE. 

12 (a) REPEAL.— 

13 (1) IN GENERAL.—Effective as of the date speci14 fied in section 4 of the Homeland Security Act of 

15 2002 (6 U.S.C. 101 note), chapter 97 of title 5, 

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

17 such Act), section 841(b)(3) of such Act, and sub18 sections (c) and (e) of section 842 of such Act are re19 pealed. 

20 (2) REGULATIONS.—Any regulations prescribed 

21 under authority of chapter 97 of title 5, United States 

22 Code, are void ab initio. 

23 (b) CLERICAL AMENDMENT.—The table of chapters for 

24 part III of title 5, United States Code, is amended by strik25 ing the item relating to chapter 97. 


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1 SEC. 513. UTILIZATION OF NON-LAW ENFORCEMENT FED2 ERAL EMPLOYEES AS INSTRUCTORS FOR 

3 NON-LAW ENFORCEMENT CLASSES AT THE 

4 BORDER PATROL TRAINING ACADEMY. 

5 The Director of the Federal Law Enforcement Train6 ing Center (FLETC) of the Department of Homeland Secu7 rity, in consultation with the Chief of the Border Patrol, 

8 is authorized to select appropriate employees of the Federal 

9 Government other than law enforcement officers (as defined 

10 in section 8401(17) of title 5, United States Code) to serve 

11 as instructors of non-law enforcement classes. 

12 TITLE VI—BIOPREPAREDNESS 

13 IMPROVEMENTS 

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

15 AFFAIRS. 

16 Section 516 of the Homeland Security Act of 2002 (6 

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

18 ‘‘SEC. 516. CHIEF MEDICAL OFFICER. 

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

20 Chief Medical Officer, who shall be appointed by the Presi21 dent, by and with the advice and consent of the Senate, 

22 and shall have the rank and title of Assistant Secretary for 

23 Health Affairs and Chief Medical Officer (in this section 

24 referred to as the ‘Chief Medical Officer’). 


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

2 Department an Office of Health Affairs, which shall be 

3 headed by the Chief Medical Officer. 

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

5 the Chief Medical Officer shall possess a demonstrated abil6 ity in and knowledge of medicine, public health, and the 

7 treatment of illnesses caused by chemical, biological, nu8 clear, and radiological agents. 

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

10 shall have the primary responsibility within the Depart11 ment for medical and health issues related to the general 

12 roles, responsibilities, and operations of the Department, 

13 and terrorist attacks, major disasters, and other emer14 gencies, including— 

15 ‘‘(1) serving as the principal advisor to the Sec16 retary and leading the Department’s medical care, 

17 public health, food, water, veterinary care, and agro18 security and defense responsibilities; 

19 ‘‘(2) providing oversight for all medically-related 

20 actions and protocols of the Department’s medical 

21 personnel; 

22 ‘‘(3) administering the Department’s responsibil23 ities for medical readiness, including— 


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1 ‘‘(A) planning and guidance to support im2 provements in local training, equipment, and ex3 ercises funded by the Department; and 

4 ‘‘(B) consistent with the National Response 

5 Plan established pursuant to Homeland Security 

6 Presidential Directive 8, assisting in fulfilling 

7 the Department’s roles in related emergency sup8 port functions; 

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

10 of contact with the Department of Agriculture, the 

11 Department of Defense, the Department of Health and 

12 Human Services, the Department of Transportation, 

13 the Department of Veterans Affairs, and other Federal 

14 departments and agencies, on all matters of medical 

15 and public health to ensure coordination consistent 

16 with the National Response Plan; 

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

18 of contact for State, local, tribal, and territorial gov19 ernments, the medical community, and the private 

20 sector, to ensure that medical readiness and response 

21 activities are coordinated and consistent with the Na22 tional Response Plan and the Secretary’s incident 

23 management requirements; 

24 ‘‘(6) managing the Department’s biodefense and 

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1 surveillance Integration System, and the Departments 

2 responsibilities under Project BioShield in coordina3 tion with the Under Secretary of Science and Tech4 nology as appropriate; 

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

6 has science-based policy, standards, requirements, and 

7 metrics for occupational safety and health; 

8 ‘‘(8) supporting the operational requirements of 

9 the Department’s components with respect to protec10 tive medicine and tactical medical support; 

11 ‘‘(9) developing, in coordination with appro12 priate Department entities and other appropriate 

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

14 readiness, protection, response, and recovery from cat15 astrophic events with human, animal, agricultural, or 

16 environmental health consequences; 

17 ‘‘(10) integrating into the end-to-end plans devel18 oped under paragraph (9), Department of Health and 

19 Human Services’ efforts to identify and deploy med20 ical assets (including human, fixed, and material as21 sets) used in preparation for or response to national 

22 disasters and catastrophes, and to enable access to pa23 tient electronic medical records by medical personnel 

24 to aid treatment of displaced persons in such cir25 cumstance, in order to assure that actions of both DeVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 partments are combined for maximum effectiveness 

2 during an emergency consistent with the National Re3 sponse Plan and applicable emergency support func4 tions; 

5 ‘‘(11) performing other duties relating to such re6 sponsibilities as the Secretary may require; and 

7 ‘‘(12) directing and maintaining a coordinated 

8 system for medical support of the Department’s oper9 ational activities.’’. 

10 SEC. 602. IMPROVING THE MATERIAL THREATS PROCESS. 

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

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

13 amended— 

14 (1) by redesignating clauses (i) and (ii) as sub15 clauses (I) and (II), respectively; 

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

17 to the right; 

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

19 Homeland Security Secretary’’ and inserting the fol20 lowing: 

21 ‘‘(A) MATERIAL THREAT.— 

22 ‘‘(i) IN GENERAL.—The Secretary of 

23 Homeland Security’’; and 

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


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1 ‘‘(ii) USE OF EXISTING RISK ASSESS2 MENTS.—For the purpose of satisfying the 

3 requirements of clause (i) as expeditiously 

4 as possible, the Secretary of Homeland Se5 curity shall, as practicable, utilize existing 

6 risk assessments that the Secretary of 

7 Homeland Security, in consultation with 

8 the Secretaries of Health and Human Serv9 ices, Defense, and Agriculture, and the 

10 heads of other appropriate Federal agencies, 

11 considers credible. 

12 ‘‘(iii) ORDER OF ASSESSMENTS.— 

13 ‘‘(I) GROUPINGS TO FACILITATE

14 ASSESSMENT OF COUNTER15 MEASURES.—In conducting threat as16 sessments and determinations under 

17 clause (i) of chemical, biological, radio18 logical, and nuclear agents, the Sec19 retary of Homeland Security shall, to 

20 the extent practicable and appropriate, 

21 consider the completion of such assess22 ments and determinations for groups of 

23 agents toward the goal of facilitating 

24 the assessment of countermeasures 


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1 under paragraph (3) by the Secretary 

2 of Health and Human Services. 

3 ‘‘(II) CATEGORIES OF COUNTER4 MEASURES.—The grouping of agents 

5 under subclause (I) by the Secretary of 

6 Homeland Security shall be designed to 

7 facilitate assessments under paragraph 

8 (3) by the Secretary of Health and 

9 Human Services regarding the fol10 lowing two categories of counter11 measures: 

12 ‘‘(aa) Countermeasures that 

13 may address more than one agent 

14 identified under clause (i)(II). 

15 ‘‘(bb) Countermeasures that 

16 may address adverse health con17 sequences that are common to ex18 posure to different agents. 

19 ‘‘(III) RULE OF CONSTRUCTION.— 

20 A particular grouping of agents pursu21 ant to subclause (II) is not required 

22 under such subclause to facilitate as23 sessments of both categories of counter24 measures described in such subclause. 


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1 A grouping may concern one category 

2 and not the other. 

3 ‘‘(iv) DEADLINE FOR COMPLETION OF

4 CERTAIN MATERIAL THREAT DETERMINA5 TIONS.—With respect to chemical, biologi6 cal, radiological, and nuclear agents known 

7 to the Secretary of Homeland Security as of 

8 the day before the date of the enactment of 

9 this clause, and which such Secretary con10 siders to be capable of significantly affecting 

11 national security, such Secretary shall com12 plete the determinations under clause (i)(II) 

13 not later than December 31, 2007. 

14 ‘‘(v) REPORT TO CONGRESS.—Not later 

15 than 30 days after the date on which the 

16 Secretary of Homeland Security completes a 

17 material threat assessment under clause (i), 

18 the Secretary shall submit to Congress a re19 port containing the results of such assess20 ment. 

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

22 this subparagraph, the term ‘risk assess23 ment’ means a scientific, technically-based 

24 analysis of agents that incorporates threat, 


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1 vulnerability, and consequence informa2 tion.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 521(d) of the Homeland Security Act of 2002 (6 U.S.C. 

5 321j(d)) is amended— 

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

7 inserting ‘‘2009,’’; and 

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

9 ‘‘(3) ADDITIONAL AUTHORIZATION OF APPRO10 PRIATIONS REGARDING CERTAIN THREAT ASSESS11 MENTS.—For the purpose of providing an additional 

12 amount to the Secretary to assist the Secretary in 

13 meeting the requirements of clause (iv) of section 

14 319F–2(c)(2)(A) of the Public Health Service Act (re15 lating to time frames), there are authorized to be ap16 propriated such sums as may be necessary for fiscal 

17 year 2008, in addition to the authorization of appro18 priations established in paragraph (1). The purposes 

19 for which such additional amount may be expended 

20 include conducting risk assessments regarding clause 

21 (i)(II) of such section when there are no existing risk 

22 assessments that the Secretary considers credible.’’. 

23 SEC. 603. STUDY ON NATIONAL BIODEFENSE TRAINING. 

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

25 Security shall, in consultation with the Secretary of Defense 


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1 and the Secretary for Health and Human Services, conduct 

2 a joint study to determine the staffing and training require3 ments for pending capital programs to construct biodefense 

4 laboratories (including agriculture and animal labora5 tories) at Biosafety Level 3 and Biosafety Level 4 or to ex6 pand current biodefense laboratories to such biosafety levels. 

7 (b) ELEMENTS.—In conducting the study, the Secre8 taries shall address the following: 

9 (1) The number of trained personnel, by dis10 cipline and qualification level, required for existing 

11 biodefense laboratories at Biosafety Level 3 and Bio12 safety Level 4, including the number trained in Good 

13 Laboratory Practices (GLP). 

14 (2) The number of research and support staff, in15 cluding researchers, laboratory technicians, animal 

16 handlers, facility managers, facility or equipment 

17 maintainers, safety and security personnel (including 

18 biosafety, physical security, and cybersecurity per19 sonnel), and other safety personnel required to man20 age biodefense research efforts to combat bioterrorism 

21 at the planned biodefense laboratories described in 

22 subsection (a). 

23 (3) The training required to provide the per24 sonnel described by paragraphs (1) and (2), including 

25 the type of training (whether classroom, laboratory, 


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1 or field training) required, the length of training re2 quired by discipline, and the curriculum required to 

3 be developed for such training. 

4 (4) Training schedules necessary to meet the 

5 scheduled openings of the biodefense laboratories de6 scribed in subsection (a), including schedules for re7 fresher training and continuing education that may 

8 be necessary for that purpose. 

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

10 Secretaries shall submit to Congress a report setting forth 

11 the results of the study conducted under this section. 

12 SEC. 604. NATIONAL BIOSURVEILLANCE INTEGRATION CEN13 TER. 

14 (a) IN GENERAL.—Title III of the Homeland Security 

15 Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding 

16 at the end the following new section: 

17 ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION 

18 CENTER. 

19 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

20 a National Biosurveillance Integration Center (referred to 

21 in this section as the ‘NBIC’) to enhance the capability of 

22 the Federal Government to rapidly identify, characterize, 

23 and localize a biological event by integrating and analyzing 

24 data related to human health, animals, plants, food, and 

25 the environment. The NBIC shall be headed by a Director. 


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1 ‘‘(b) INTEGRATED BIOSURVEILLANCE NETWORK.—As 

2 part of the NBIC, the Director shall develop, operate, and 

3 maintain an integrated network to detect, as early as pos4 sible, a biological event that presents a risk to the United 

5 States or the infrastructure or key assets of the United 

6 States. The network shall— 

7 ‘‘(1) consolidate data from all relevant surveil8 lance systems maintained by the Department and 

9 other governmental and private sources, both foreign 

10 and domestic, to the extent practicable; and 

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

12 uses the best available statistical and other analytical 

13 tools to identify and characterize biological events in 

14 as close to real-time as possible. 

15 ‘‘(c) RESPONSIBILITIES.— 

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

17 ‘‘(A) monitor on an ongoing basis the avail18 ability and appropriateness of candidate data 

19 feeds and solicit new surveillance systems with 

20 data that would enhance biological situational 

21 awareness or overall performance of the NBIC; 

22 ‘‘(B) review and seek to improve on an on23 going basis the statistical and other analytical 

24 methods used by the NBIC; 


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1 ‘‘(C) establish a procedure to enable Fed2 eral, State and local government, and private 

3 sector entities to report suspicious events that 

4 could warrant further assessments by the NBIC; 

5 ‘‘(D) receive and consider all relevant home6 land security information; and 

7 ‘‘(E) provide technical assistance, as appro8 priate, to all Federal, State, and local govern9 ment entities and private sector entities that 

10 contribute data relevant to the operation of the 

11 NBIC. 

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

13 ‘‘(A) continuously evaluate available data 

14 for evidence of a biological event; and 

15 ‘‘(B) integrate homeland security informa16 tion with NBIC data to provide overall biologi17 cal situational awareness and determine whether 

18 a biological event has occurred. 

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

20 shall— 

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

22 communication with the National Operations 

23 Center; 

24 ‘‘(B) provide integrated information to the 

25 heads of the departments and agencies with 


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1 which the Director has entered into an agree2 ment under subsection (d); 

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

4 National Operations Center, and the heads of 

5 appropriate Federal, State, tribal, and local en6 tities of any significant biological event identi7 fied by the NBIC; 

8 ‘‘(D) provide reports on NBIC assessments 

9 to Federal, State, and local government entities, 

10 including departments and agencies with which 

11 the Director has entered into an agreement under 

12 subsection (d), and any private sector entities, as 

13 considered appropriate by the Director; and 

14 ‘‘(E) use information sharing networks 

15 available to the Department for distributing 

16 NBIC incident or situational awareness reports. 

17 ‘‘(d) INTERAGENCY AGREEMENTS.— 

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

19 feasible, enter into agreements with the heads of ap20 propriate Federal departments and agencies, includ21 ing the Department of Health and Human Services, 

22 Department of Defense, the Department of Agri23 culture, the Department of State, the Department of 

24 Interior, and the Intelligence Community. 


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

2 agreement entered into under paragraph (1), the head 

3 of a Federal department or agency shall agree to— 

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

5 or agency to integrate biosurveillance informa6 tion capabilities through NBIC; 

7 ‘‘(B) provide timely, evaluated information 

8 to assist the NBIC in maintaining biological sit9 uational awareness for timely and accurate de10 tection and response purposes; 

11 ‘‘(C) provide connectivity for the biosurveil12 lance data systems of the department or agency 

13 to the NBIC network under mutually agreed pro14 tocols; 

15 ‘‘(D) detail, if practicable, to the NBIC de16 partment or agency personnel with relevant ex17 pertise in human, animal, plant, food, or envi18 ronmental disease analysis and interpretation; 

19 ‘‘(E) retain responsibility for the surveil20 lance and intelligence systems of that department 

21 or agency, if applicable; and 

22 ‘‘(F) participate in forming the strategy 

23 and policy for the operation and information 

24 sharing practices of the NBIC. 


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

2 shall ensure that the Director is notified of homeland secu3 rity information relating to any significant biological 

4 threat and receives all classified and unclassified reports 

5 related to such a threat in a timely manner. 

6 ‘‘(f) ADMINISTRATIVE AUTHORITIES.— 

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

8 ‘‘(A) designate the NBIC as a public health 

9 authority; 

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

11 any applicable requirements of the Health Insur12 ance Portability and Accountability Act of 1996; 

13 and 

14 ‘‘(C) ensure that all applicable privacy reg15 ulations are strictly adhered to in the operation 

16 of the NBIC and the sharing of any information 

17 related to the NBIC. 

18 ‘‘(2) COLLECTION OF INFORMATION.—The NBIC, 

19 as a public health authority with a public health mis20 sion, is authorized to collect or receive health informa21 tion, including such information protected under the 

22 Health Insurance Portability and Accountability Act 

23 of 1996, for the purpose of preventing or controlling 

24 disease, injury, or disability. 


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1 ‘‘(g) NBIC INTERAGENCY WORKING GROUP.—The Di2 rector shall— 

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

4 facilitate interagency cooperation to advise the Direc5 tor on recommendations to enhance the biosurveil6 lance capabilities of the Department; and 

7 ‘‘(2) invite officials of Federal agencies that con8 duct biosurveillance programs, including officials of 

9 the departments and agencies with which the Sec10 retary has entered into an agreement under subsection 

11 (d), to participate in the working group. 

12 ‘‘(h) ANNUAL REPORT REQUIRED.—Not later than De13 cember 31 of each year, the Secretary shall submit to Con14 gress a report that contains each of the following: 

15 ‘‘(1) A list of departments, agencies, and private 

16 or nonprofit entities participating in the NBIC and 

17 a description of the data that each entity has contrib18 uted to the NBIC during the preceding fiscal year. 

19 ‘‘(2) The schedule for obtaining access to any rel20 evant biosurveillance information not received by the 

21 NBIC as of the date on which the report is submitted. 

22 ‘‘(3) A list of Federal, State, and local govern23 ment entities and private sector entities that have di24 rect or indirect access to the information that is inte25 grated by the NBIC. 


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1 ‘‘(4) For any year before the NBIC is fully im2 plemented or any year in which any major structural 

3 or institutional change is made to the NBIC, an im4 plementation plan for the NBIC that includes cost, 

5 schedule, key milestones, and the status of such mile6 stones. 

7 ‘‘(i) RELATIONSHIP TO OTHER DEPARTMENTS AND

8 AGENCIES.—The authority of the Secretary under this sec9 tion shall not affect an authority or responsibility of any 

10 other Federal department or agency with respect to bio11 surveillance activities under any program administered by 

12 that department or agency. 

13 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated to carry out this section such 

15 sums as may be necessary for each fiscal year. 

16 ‘‘(k) BIOLOGICAL EVENT.—For purposes of this sec17 tion, the term ‘biological event’ means— 

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

19 agents or toxins of known or unknown origin; or 

20 ‘‘(2) a naturally occurring outbreak of an infec21 tious disease that may be of potential national sig22 nificance.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents in 

24 section 1(b) of such Act is amended by inserting after the 

25 items relating to such title the following: 

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


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1 (c) DEADLINE FOR IMPLEMENTATION.—The National 

2 Biosurveillance Integration Center required under section 

3 316 of the Homeland Security Act of 2002, as added by 

4 subsection (a), shall be fully operational by not later than 

5 September 30, 2008. 

6 SEC. 605. RISK ANALYSIS PROCESS AND INTEGRATED CBRN 

7 RISK ASSESSMENT. 

8 (a) IN GENERAL.—Title III of the Homeland Security 

9 Act of 2002 (6 U.S.C. 181 et seq.) is further amended by 

10 adding at the end the following: 

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

12 CBRN RISK ASSESSMENT. 

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

14 develop a risk analysis process that utilizes a scientific, 

15 quantitative methodology to assess and manage risks posed 

16 by chemical, biological, radiological, and nuclear (CBRN) 

17 agents. 

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

19 Secretary shall use the process developed under subsection 

20 (a) to conduct a risk assessment that shall support the inte21 gration of chemical, biological, radiological, and nuclear 

22 agents. 

23 ‘‘(c) PURPOSE.—The purpose of the risk analysis proc24 ess developed under subsection (a) and the integrated risk 

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1 tify high risk agents, determine how best to mitigate those 

2 risks, and guide resource allocation. Such risk analysis 

3 shall— 

4 ‘‘(1) facilitate satisfaction of the requirements of 

5 section 602; 

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

7 and deployment of applicable countermeasures, in8 cluding detection systems; 

9 ‘‘(3) identify key knowledge gaps or 

10 vulnerabilities in the CBRN defense posture of the De11 partment; 

12 ‘‘(4) enable rebalancing and refining of invest13 ments within individual classes of threat agents as 

14 well as across such classes; and 

15 ‘‘(5) support end-to-end assessments of the over16 all CBRN defense policy of the Department, taking 

17 into account the full spectrum of countermeasures 

18 available, including prevention, preparedness, plan19 ning, response and recovery activities, to better steer 

20 investments to strategies with the greatest potential 

21 for mitigating identified risks. 

22 ‘‘(d) RISK INFORMATION.— 

23 ‘‘(1) CLASSES OF THREAT AGENTS.—In devel24 oping the risk analysis process under subsection (a) 

25 and conducting the risk assessment under subsection 


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1 (b), the Secretary shall consider risks posed by the fol2 lowing 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 tox16 ins; 

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

19 modified or selected to enhance their ability 

20 to harm human populations or circumvent 

21 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 other9 wise 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 devel21 oped under subsection (a) shall be informed by find22 ings of the intelligence and law enforcement commu23 nities and integrated with expert input from the sci24 entific, medical, and public health communities, inVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 cluding from relevant components of the Department 

2 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 the 

6 degree of uncertainty and variability in the available 

7 scientific information and other information about 

8 the classes of threat agents under paragraph (1). An 

9 external review shall be conducted to assess the ability 

10 of the risk analysis process developed by the Secretary 

11 to address areas of large degrees of uncertainty. 

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

13 frequently and systematically update the risk assess14 ment conducted under subsection (b), as needed, to in15 corporate emerging intelligence information or techno16 logical changes in order to keep pace with evolving 

17 threats and rapid scientific advances. 

18 ‘‘(e) METHODOLOGY.—The risk analysis process devel19 oped by the Secretary under subsection (a) shall— 

20 ‘‘(1) consider, as variables— 

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

22 attack that might be attempted; 

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

24 attacker would succeed; and 


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

2 attack; 

3 ‘‘(2) evaluate the consequence component of risk 

4 as it relates to mortality, morbidity, and economic ef5 fects; 

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 with 

12 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 be 

17 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 that 

24 all risk analysis activities with respect to radiological or 


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1 nuclear materials shall be conducted in coordination with 

2 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, in6 tegrated, CBRN risk assessment required under sub7 section (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 anal11 ysis process developed under subsection (a). 

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

13 submit to Congress updates to the findings and report 

14 in paragraph (1), when appropriate, but by not later 

15 than two years after the date on which the initial re16 port is submitted. Such updates shall reflect improve17 ments in the risk analysis process developed under 

18 subsection (a).’’. 

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

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

21 items relating to such title the following: 

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

22 SEC. 606. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 

23 (a) IN GENERAL.—Title III of the Homeland Security 

24 Act of 2002 (6. U.S.C. 181 et seq.) is further amended by 

25 adding at the end the following new section: 


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1 ‘‘SEC. 318. NATIONAL BIO AND AGRO-DEFENSE FACILITY. 

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

3 National Bio and Agro-defense Facility (referred to in this 

4 section as the ‘NBAF’), which shall be headed by a Director 

5 who shall be appointed by the Secretary. 

6 ‘‘(b) PURPOSES.— 

7 ‘‘(1) IN GENERAL.—The NBAF shall be an inte8 grated human, foreign-animal, and zoonotic disease 

9 research, development, testing, and evaluation facility 

10 with the purpose of supporting the complementary 

11 missions of the Department, the Department of Agri12 culture, and the Department of Health and Human 

13 Services in defending against the threat of potential 

14 acts of agroterrorism and natural-occurring incidents 

15 related to agriculture with the potential to adversely 

16 impact public health, animal health, and the econ17 omy, or may otherwise impact homeland security. 

18 ‘‘(2) KNOWLEDGE PRODUCTION AND SHARING.— 

19 The NBAF shall produce and share knowledge and 

20 technology for the purpose of reducing economic losses 

21 caused by foreign-animal, zoonotic, and, as appro22 priate, other endemic animal diseases of livestock and 

23 poultry, and preventing human suffering and death 

24 caused by diseases existing or emerging in the agri25 cultural sector. 


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1 ‘‘(c) RESPONSIBILITIES OF DIRECTOR.—The Secretary 

2 shall vest in the Director primary responsibility for each 

3 of the following: 

4 ‘‘(1) Directing basic, applied, and advanced re5 search, development, testing, and evaluation relating 

6 to foreign-animal, zoonotic, and, as appropriate, 

7 other endemic animal diseases, including foot and 

8 mouth disease, and performing related activities, in9 cluding— 

10 ‘‘(A) developing countermeasures for for11 eign-animal, zoonotic, and, as appropriate, other 

12 endemic animal diseases, including diagnostics, 

13 vaccines and therapeutics; 

14 ‘‘(B) providing advanced test and evalua15 tion capability for threat detection, vulner16 ability, and countermeasure assessment for for17 eign-animal, zoonotic, and, as appropriate, other 

18 endemic animal diseases; 

19 ‘‘(C) conducting nonclinical, animal model 

20 testing and evaluation under the Food and Drug 

21 Administration’s Animal Rule as defined in 

22 parts 314 and 601 of title 22, Code of Federal 

23 Regulations, to support the development of 

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1 ment of Human Services under the Public 

2 Health Service Act (42 U.S.C. 201 et seq); 

3 ‘‘(D) establishing NBAF information-shar4 ing mechanisms to share information with rel5 evant stakeholders, including the National Ani6 mal Health Laboratory Network; and 

7 ‘‘(E) identifying and promoting uniform 

8 national standards for animal disease 

9 diagnostics. 

10 ‘‘(2) Facilitating the coordination of Federal, 

11 State, and local governmental research and develop12 ment efforts and resources relating to protecting pub13 lic health and animal health from foreign-animal, 

14 zoonotic, and, as appropriate, other endemic animal 

15 diseases. 

16 ‘‘(3) Ensuring public safety during an emer17 gency by developing an emergency response plan 

18 under which emergency response providers in the 

19 community are sufficiently prepared or trained to re20 spond effectively and given sufficient notice to allow 

21 for an effective response. 

22 ‘‘(4) Ensuring NBAF site and facility security. 

23 ‘‘(5) Providing training to develop skilled re24 search and technical staff with the needed expertise in 


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1 operations conducted at biological and agricultural 

2 research facilities. 

3 ‘‘(6) Leveraging the expertise of academic insti4 tutions, industry, the Department of Energy National 

5 Laboratories, State and local governmental resources, 

6 and professional organizations involved in veterinary, 

7 medical and public health, and agriculture issues to 

8 carry out functions describes in (1) and (2). 

9 ‘‘(d) REQUIREMENTS.—The Secretary, in designing 

10 and constructing the NBAF, shall ensure that the facility 

11 meets the following requirements: 

12 ‘‘(1) The NBAF shall consist of state-of-the-art 

13 biocontainment laboratories capable of performing re14 search and activities at Biosafety Level 3 and 4, as 

15 designated by the Centers for Disease Control and 

16 Prevention and the National Institutes of Health. 

17 ‘‘(2) The NBAF facility shall be located on a site 

18 of at least 30 acres that can be readily secured by 

19 physical measure. 

20 ‘‘(3) The NBAF facility shall be at least 500,000 

21 square feet with a capacity of housing a minimum of 

22 80 large animals for research, testing and evaluation; 

23 ‘‘(4) The NBAF shall be located at a site with 

24 a preexisting utility infrastructure, or a utility infra25 structure that can be easily built. 


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1 ‘‘(5) The NBAF shall be located at a site that 

2 has been subject to an Environmental Impact State3 ment under the National Environmental Policy Act of 

4 1969. 

5 ‘‘(6) The NBAF shall be located within a reason6 able proximity to a national or regional airport and 

7 to major roadways. 

8 ‘‘(e) AUTHORIZATION TO PROCURE REAL PROPERTY

9 AND ACCEPT IN KIND DONATIONS FOR THE NBAF SITE.— 

10 The Secretary may accept and use donations of real prop11 erty for the NBAF site and may accept and use in-kind 

12 donations of real property, personal property, laboratory 

13 and office space, utility services, and infrastructure up14 grades for the purpose of assisting the Director in carrying 

15 out the responsibilities of the Director under this section. 

16 ‘‘(f) APPLICABILITY OF OTHER LAWS.— 

17 ‘‘(1) PUBLIC BUILDINGS ACT.—The NBAF shall 

18 not be considered a ‘‘public building’’ for purposes of 

19 the Public Buildings Act of 1959 (40 U.S.C. 3301 et 

20 seq.). 

21 ‘‘(2) LIVE VIRUS OF FOOT AND MOUTH DISEASE

22 RESEARCH.—The Secretary shall enable the study of 

23 live virus of foot and mouth disease at the NBAF, 

24 wherever it is sited, notwithstanding section 113a of 

25 title 21, United States Code. 


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1 ‘‘(g) COORDINATION.— 

2 ‘‘(1) INTERAGENCY AGREEMENTS.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 enter into understandings or agreements with the 

5 heads of appropriate Federal departments and 

6 agencies, including the Secretary of Agriculture 

7 and the Secretary of Health and Human Serv8 ices, to define the respective roles and respon9 sibilities of each Department in carrying out for10 eign-animal, zoonotic, and other endemic animal 

11 disease research and development at the NBAF 

12 to protect public health and animal health. 

13 ‘‘(B) DEPARTMENT OF AGRICULTURE.—The 

14 understanding or agreement entered into with 

15 the Secretary of Agriculture shall include a pro16 vision describing research programs and func17 tions of the Department of Agriculture and the 

18 Department of Homeland Security, including 

19 those research programs and functions carried 

20 out at the Plum Island Animal Disease Center 

21 and those research programs and functions that 

22 will be transferred to the NBAF. 

23 ‘‘(C) DEPARTMENT OF HEALTH AND HUMAN

24 SERVICES.—The understanding or agreement en25 tered into with the Department of Health and 


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1 Human Services shall describe research pro2 grams of the Department of Health and Human 

3 Services that may relate to work conducted at 

4 NBAF. 

5 ‘‘(2) COOPERATIVE RELATIONSHIPS.—The Direc6 tor shall form cooperative relationships with the Na7 tional Animal Health Laboratory Network and Amer8 ican Association of Veterinary Laboratory Diagnosti9 cians to connect with the network of Federal and 

10 State resources intended to enable an integrated, 

11 rapid, and sufficient response to animal health emer12 gencies.’’. 

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

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

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

‘‘Sec. 318. National Bio and Agro-defense Facility.’’. 

16 TITLE VII—HOMELAND SECU17 RITY CYBERSECURITY IM18 PROVEMENTS 

19 SEC. 701. CYBERSECURITY AND COMMUNICATIONS. 

20 (a) IN GENERAL.—Subtitle C of title II of the Home21 land Security Act of 2002 (6 U.S.C. 141 et seq.) is amended 

22 by adding at the end the following new section: 


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1 ‘‘SEC. 226. OFFICE OF CYBERSECURITY AND COMMUNICA2 TIONS. 

3 ‘‘(a) IN GENERAL.—There shall be within the Depart4 ment of Homeland Security an Office of Cybersecurity and 

5 Communications, which shall be headed by the Assistant 

6 Secretary for Cybersecurity and Communications. 

7 ‘‘(b) DUTY OF THE ASSISTANT SECRETARY.—The As8 sistant Secretary shall assist the Secretary in carrying out 

9 the responsibilities of the Department regarding 

10 cybersecurity and communications. 

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

12 shall be responsible for overseeing preparation, situational 

13 awareness, response, reconstitution, and mitigation nec14 essary for cybersecurity and to protect communications 

15 from terrorist attacks, major disasters, and other emer16 gencies, including large-scale disruptions, and shall conduct 

17 the following activities to execute those responsibilities: 

18 ‘‘(1) PREPARATION AND SITUATIONAL AWARE19 NESS.— 

20 ‘‘(A) Establish and maintain a capability 

21 within the Department to monitor critical infor22 mation infrastructure to aid in detection of 

23 vulnerabilities and warning of potential acts of 

24 terrorism and other attacks. 

25 ‘‘(B) Conduct risk assessments on critical 

26 information infrastructure with respect to acts of 


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1 terrorism and other large-scale disruptions, iden2 tify and prioritize vulnerabilities in critical in3 formation infrastructure, and coordinate the 

4 mitigation of such vulnerabilities. 

5 ‘‘(C) Develop a plan for the continuation of 

6 critical information operations in the event of a 

7 cyber attack or other large-scale disruption of the 

8 information infrastructure of the United States. 

9 ‘‘(D) Oversee an emergency communications 

10 system in the event of an act of terrorism or 

11 other large-scale disruption of the information 

12 infrastructure of the United States. 

13 ‘‘(2) RESPONSE AND RECONSTITUTION.— 

14 ‘‘(A) Define what qualifies as a cyber inci15 dent of national significance for purposes of the 

16 National Response Plan. 

17 ‘‘(B) Ensure that the Department’s prior18 ities, procedures, and resources are in place to 

19 reconstitute critical information infrastructures 

20 in the event of an act of terrorism or other large21 scale disruption. 

22 ‘‘(3) MITIGATION.— 

23 ‘‘(A) Develop a national cybersecurity 

24 awareness, training, and education program that 


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1 promotes cybersecurity awareness within the 

2 Federal Government and throughout the Nation. 

3 ‘‘(B) Consult and coordinate with the 

4 Under Secretary for Science and Technology on 

5 cybersecurity research and development to 

6 strengthen critical information infrastructure 

7 against acts of terrorism and other large-scale 

8 disruptions. 

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

10 information infrastructure’ means systems and assets, 

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

13 that the incapacity or destruction of such systems and assets 

14 would have a debilitating impact on security, national eco15 nomic security, national public health or safety, or any 

16 combination of those matters.’’. 

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

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

19 of the items relating to subtitle C of title II the following: 

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

20 SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

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

22 and Technology shall support research, development, test23 ing, evaluation, and transition of cybersecurity technology, 

24 including fundamental, long-term research to improve the 

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1 tect, respond to, and recover from acts of terrorism and 

2 cyber attacks, with emphasis on research and development 

3 relevant to large-scale, high-impact attacks. 

4 (b) ACTIVITIES.—The research and development sup5 ported under subsection (a) shall include work to— 

6 (1) advance the development and accelerate the 

7 deployment of more secure versions of fundamental 

8 Internet protocols and architectures, including for the 

9 domain name system and routing protocols; 

10 (2) improve and create technologies for detecting 

11 attacks or intrusions, including monitoring tech12 nologies; 

13 (3) improve and create mitigation and recovery 

14 methodologies, including techniques for containment 

15 of attacks and development of resilient networks and 

16 systems that degrade gracefully; 

17 (4) develop and support infrastructure and tools 

18 to support cybersecurity research and development ef19 forts, including modeling, testbeds, and data sets for 

20 assessment of new cybersecurity technologies; 

21 (5) assist the development and support of tech22 nologies to reduce vulnerabilities in process control 

23 systems (PCS); and 

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

25 technologies associated with the engineering of less 


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1 vulnerable software and securing the IT software de2 velopment lifecycle. 

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

4 Under Secretary for Science and Technology shall coordi5 nate activities with— 

6 (1) the Assistant Secretary for Cybersecurity and 

7 Communications; and 

8 (2) other Federal agencies, including the Na9 tional Science Foundation, the Defense Advanced Re10 search Projects Agency, the Information Assurance 

11 Directorate of the National Security Agency, the Na12 tional Institute of Standards and Technology, and 

13 other appropriate working groups established by the 

14 President to identify unmet needs and cooperatively 

15 support activities, as appropriate. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

17 amount authorized by section 101, there is authorized to 

18 be appropriated for the Department of Homeland Security 

19 for fiscal year 2008, $50,000,000, for the cybersecurity re20 search and development activities of the Directorate for 

21 Science and Technology to prevent, detect, and respond to 

22 acts of terrorism and other large-scale disruptions to infor23 mation infrastructure. 


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1 TITLE VIII—SCIENCE AND 

2 TECHNOLOGY IMPROVEMENTS 

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

4 Not later than 120 days after the date of enactment 

5 of this Act, the Under Secretary for Science and Technology 

6 shall transmit to Congress the strategic plan described in 

7 section 302(2) of the Homeland Security Act of 2002 (6 

8 U.S.C. 182(2)). In addition to the requirements described 

9 in that section 302(2), the strategic plan transmitted under 

10 this section shall include— 

11 (1) a strategy to enhance the Directorate for 

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

14 minimizing turnover, strengthening workforce recruit15 ment, and securing institutional knowledge; 

16 (2) the Department policy describing the proce17 dures by which the Directorate for Science and Tech18 nology hires and administers assignments to individ19 uals assigned to the Department as detailees under an 

20 arrangement described in subchapter VI of chapter 33 

21 of title 5, United States Code; 

22 (3) the Department policy governing the respon23 sibilities of the Under Secretary for Science and Tech24 nology, the Under Secretary for Policy, and the 

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1 ational components of the Department regarding re2 search, development, testing, evaluation, and procure3 ment of homeland security technologies; 

4 (4) a description of the methodology by which re5 search, development, testing, and evaluation is 

6 prioritized and funded by the Directorate for Science 

7 and Technology; 

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

10 measurements that can be used to annually evaluate 

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

14 (6) a plan for domestic and international coordi15 nation of all related programs and activities within 

16 the Department and throughout Federal agencies, 

17 State, local, and tribal governments, the emergency 

18 responder community, industry, and academia; 

19 (7) a plan for leveraging the expertise of the Na20 tional Laboratories and the process for allocating 

21 funding to the National Laboratories; and 

22 (8) a strategy for the Homeland Security Ad23 vanced Research Projects Agency that includes— 

24 (A) a mission statement; 


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

2 risk and high payoff research, development, test, 

3 and evaluation strategy; and 

4 (C) internal policies designed to encourage 

5 innovative solutions. 

6 SEC. 802. CENTERS OF EXCELLENCE PROGRAM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Of the 

8 amount authorized by section 101, there is authorized to 

9 be appropriated to the Secretary of Homeland Security for 

10 carrying out the Centers of Excellence Program $31,000,000 

11 for fiscal year 2008 such that each center that received fund12 ing in fiscal year 2007 shall receive, at a minimum, the 

13 same amount it received in fiscal year 2007. 

14 (b) MINORITY SERVING INSTITUTIONS PROGRAM.—Of 

15 the amount authorized by section 101, there is authorized 

16 to be appropriated to the Secretary of Homeland Security 

17 for carrying out the Minority Serving Institutions Program 

18 $8,000,000 for fiscal year 2008. 

19 (c) CENTERS OF EXCELLENCE PROGRAM PARTICIPA20 TION.— 

21 (1) REQUIREMENT.—If, by the date of the enact22 ment of this Act, the Secretary of Homeland Security 

23 has not selected a Minority Serving Institution to 

24 participate as a Center of Excellence under the De25 partment of Homeland Security Centers of Excellence 


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1 Program, at least one of the next four Centers of Ex2 cellence selected after the date of enactment of this Act 

3 shall be an otherwise eligible applicant that is a Mi4 nority Serving Institution. 

5 (2) MINORITY SERVING INSTITUTION DEFINED.— 

6 In this subsection the term ‘‘Minority Serving Insti7 tution’’ means— 

8 (A) an historically black college or univer9 sity that receives assistance under part B of title 

10 III of the Higher Education Act of 1965 (20 

11 U.S.C. 106 et seq); 

12 (B) an Hispanic-serving institution (as 

13 that term is defined in section 502 of the Higher 

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

15 (C) a tribally controlled college or univer16 sity (as that term is defined in section 2 of the 

17 Tribally Controlled College or University Assist18 ance Act of 1978 (25 U.S.C. 1801)). 

19 SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNI20 VERSITY PROGRAMS. 

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

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

23 and Technology of the Department of Homeland Security 

24 shall seek to enter into an agreement with the National Re25 search Council of the National Academy of Sciences to conVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 duct a study to assess the University Programs of the De2 partment, with an emphasis on the Centers of Excellence 

3 Program and the future plans for these programs, and make 

4 recommendations for appropriate improvements. 

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

6 (1) a review of key areas of study needed to sup7 port the homeland security mission, and criteria that 

8 should be utilized to determine those key areas for 

9 which the Department should maintain or establish 

10 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 Centers 

14 of Excellence in supporting the mission of the Direc15 torate of Science and Technology and the most advan16 tageous relationship between the Centers of Excellence 

17 and the Directorate and the Department components 

18 the Directorate serves; 

19 (4) an examination of the length of time the Cen20 ters of Excellence should be awarded funding and the 

21 frequency of the review cycle in order to maintain 

22 such funding, particularly given their focus on basic, 

23 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 dissemi2 nating the research results of established Centers of 

3 Excellence within the Department, and to other Fed4 eral, 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 con13 duct 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 recommenda18 tions, to the appropriate Congressional committees not later 

19 than 24 months after the date of enactment of this Act. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

21 amount authorized in section 101, there is authorized to 

22 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 engaged 

6 in technical evaluations that may be appropriate, a suffi7 cient number of full-time equivalent personnel, who are 

8 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 designated 

12 by the Secretary as qualified antiterrorism technologies 

13 under section 862(b) of the SAFETY Act (6 U.S.C. 441(b)) 

14 or certified by the Secretary under section 863(d) of such 

15 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 Procurement 

23 Officer of the Department, the Under Secretary for 

24 Science and Technology, the Under Secretary for Pol25 icy, and the Department of Homeland Security Gen26 eral Counsel to ensure the maximum application of 


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1 the litigation and risk management provisions of the 

2 SAFETY Act to antiterrorism technologies procured 

3 by the Department; and 

4 (2) promote awareness and utilization of the liti5 gation and risk management provisions of the SAFE6 TY Act in the procurement of antiterrorism tech7 nologies. 

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 the 

14 SAFETY Act in advance of any Department procurement 

15 of an antiterrorism technology, as required under subsection 

16 (b). 

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

19 (a) IN GENERAL.—Title III of the Homeland Security 

20 Act of 2002 (6 U.S.C. 181 et seq.) is further amended by 

21 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 the 

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

3 ‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.— 

4 The term ‘international cooperative activity’ in5 cludes— 

6 ‘‘(A) coordinated research projects, joint re7 search projects, or joint ventures; 

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

10 ‘‘(C) coordinated field exercises, scientific 

11 seminars, conferences, symposia, and workshops; 

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

13 ‘‘(E) visits and exchanges of scientists, engi14 neers, or other appropriate personnel; 

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

16 technological information; and 

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

18 equipment. 

19 ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU20 RITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.— 

21 ‘‘(1) ESTABLISHMENT.—The Under Secretary 

22 shall establish the Science and Technology Homeland 

23 Security International Cooperative Programs Office. 

24 ‘‘(2) DIRECTOR.—The Office shall be headed by 

25 a Director, who— 


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1 ‘‘(A) shall be selected by and shall report to 

2 the Under Secretary; and 

3 ‘‘(B) may be an officer of the Department 

4 serving in another position. 

5 ‘‘(3) RESPONSIBILITIES.— 

6 ‘‘(A) DEVELOPMENT OF MECHANISMS.—The 

7 Director shall be responsible for developing, in 

8 consultation with the Department of State, un9 derstandings or agreements that allow and sup10 port international cooperative activity in sup11 port of homeland security research, development, 

12 and comparative testing. 

13 ‘‘(B) PRIORITIES.—The Director shall be re14 sponsible for developing, in coordination with the 

15 Directorate of Science and Technology, the other 

16 components of the Department of Homeland Se17 curity, and other Federal agencies, strategic pri18 orities for international cooperative activity in 

19 support of homeland security research, develop20 ment, and comparative testing. 

21 ‘‘(C) ACTIVITIES.—The Director shall facili22 tate the planning, development, and implementa23 tion of international cooperative activity to ad24 dress the strategic priorities developed under sub25 paragraph (B) through mechanisms the Under 


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1 Secretary considers appropriate, including 

2 grants, cooperative agreements, or contracts to or 

3 with foreign public or private entities, govern4 mental organizations, businesses, federally fund5 ed research and development centers, and univer6 sities. 

7 ‘‘(D) IDENTIFICATION OF PARTNERS.—The 

8 Director shall facilitate the matching of United 

9 States entities engaged in homeland security re10 search with non-United States entities engaged 

11 in homeland security research so that they may 

12 partner in homeland security research activities. 

13 ‘‘(4) COORDINATION.—The Director shall ensure 

14 that the activities under this subsection are coordi15 nated with those of other relevant research agencies, 

16 and may run projects jointly with other agencies. 

17 ‘‘(5) CONFERENCES AND WORKSHOPS.—The Di18 rector may hold international homeland security tech19 nology workshops and conferences to improve contact 

20 among the international community of technology de21 velopers and to help establish direction for future 

22 technology goals. 

23 ‘‘(c) INTERNATIONAL COOPERATIVE ACTIVITIES.— 

24 ‘‘(1) AUTHORIZATION.—The Under Secretary is 

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1 tivities to support the responsibilities specified under 

2 section 302. 

3 ‘‘(2) MECHANISMS AND EQUITABILITY.—In car4 rying out this section, the Under Secretary may 

5 award grants to and enter into cooperative agree6 ments or contracts with United States governmental 

7 organizations, businesses (including small businesses 

8 and small and disadvantaged businesses), federally 

9 funded research and development centers, institutions 

10 of higher education, and foreign public or private en11 tities. The Under Secretary shall ensure that funding 

12 and resources expended in international cooperative 

13 activities will be equitably matched by the foreign 

14 partner organization through direct funding or fund15 ing of complementary activities, or through provision 

16 of staff, facilities, materials, or equipment. 

17 ‘‘(3) LOANS OF EQUIPMENT.—The Under Sec18 retary may make or accept loans of equipment for re19 search and development and comparative testing pur20 poses. 

21 ‘‘(4) COOPERATION.—The Under Secretary is 

22 authorized to conduct international cooperative ac23 tivities jointly with other agencies. 

24 ‘‘(5) FOREIGN PARTNERS.—Partners may in25 clude Israel, the United Kingdom, Canada, Australia, 


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1 Singapore, and other allies in the global war on ter2 rorism, as appropriate. 

3 ‘‘(6) EXOTIC DISEASES.—As part of the inter4 national cooperative activities authorized in this sec5 tion, the Under Secretary, in coordination with the 

6 Chief Medical Officer, may facilitate the development 

7 of information sharing and other types of cooperative 

8 mechanisms with foreign countries, including nations 

9 in Africa, to strengthen American preparedness 

10 against threats to the Nation’s agricultural and pub11 lic health sectors from exotic diseases. 

12 ‘‘(d) BUDGET ALLOCATION.—There is authorized to be 

13 appropriated to the Secretary, to be derived from amounts 

14 otherwise authorized for the Directorate of Science and 

15 Technology, $25,000,000 for each of the fiscal years 2008 

16 through 2011 for activities under this section. 

17 ‘‘(e) FOREIGN REIMBURSEMENTS.—Whenever the 

18 Science and Technology Homeland Security International 

19 Cooperative Programs Office participates in an inter20 national cooperative activity with a foreign country on a 

21 cost-sharing basis, any reimbursements or contributions re22 ceived from that foreign country to meet its share of the 

23 project may be credited to appropriate current appropria24 tions accounts of the Directorate of Science and Technology. 


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1 ‘‘(f) REPORT TO CONGRESS ON INTERNATIONAL COOP2 ERATIVE ACTIVITIES.— 

3 ‘‘(1) INITIAL REPORT.—Not later than 180 days 

4 after the date of enactment of this section, the Under 

5 Secretary, acting through the Director, shall transmit 

6 to the Congress a report containing— 

7 ‘‘(A) a brief description of each partnership 

8 formed under subsection (b)(4), including the 

9 participants, goals, and amount and sources of 

10 funding; and 

11 ‘‘(B) a list of international cooperative ac12 tivities underway, including the participants, 

13 goals, expected duration, and amount and 

14 sources of funding, including resources provided 

15 to support the activities in lieu of direct funding. 

16 ‘‘(2) UPDATES.—At the end of the fiscal year 

17 that occurs 5 years after the transmittal of the report 

18 under subsection (a), and every 5 years thereafter, the 

19 Under Secretary, acting through the Director, shall 

20 transmit to the Congress an update of the report re21 quired under subsection (a).’’. 

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

23 the Homeland Security Act of 2002 is further amended by 

24 adding at the end of the items relating to such title the fol25 lowing new item: 

‘‘Sec. 319. Promoting antiterrorism through international cooperation program.’’. 


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1 TITLE IX—BORDER SECURITY 

2 IMPROVEMENTS 

3 SEC. 901. US–VISIT. 

4 (a) IN GENERAL.—Not later than 7 days after the date 

5 of the enactment of this Act, the Secretary of Homeland Se6 curity shall submit to the Committee on Homeland Security 

7 of the House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate, the comprehensive strategy required by section 7208 of 

10 the Intelligence Reform and Terrorism Prevention Act of 

11 2004 for the biometric entry and exit data system (com12 monly referred to as the United States Visitor and Immi13 grant Status Indicator Technology program or US–VISIT) 

14 established under the section and other laws described in 

15 subsection (b) of such section. The comprehensive strategy 

16 shall include an action plan for full implementation of the 

17 biometric exit component of US–VISIT, as required under 

18 subsection (d) of section 7208 of such Act. 

19 (b) CONTENTS.—The comprehensive strategy and ac20 tion plan referred to in subsection (a) shall, at a minimum, 

21 include the following: 

22 (1) An explanation of how US–VISIT will allow 

23 law enforcement officials to identify individuals who 

24 overstay their visas. 


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1 (2) A description of biometric pilot projects, in2 cluding the schedule for testing, locations, cost esti3 mates, resources needed, and performance measures. 

4 (3) An implementation schedule for deploying fu5 ture biometric exit capabilities at all air, land, and 

6 sea ports of entry. 

7 (4) The actions the Secretary plans to take to ac8 celerate the full implementation of the biometric exit 

9 component of US–VISIT at all air, land, and sea 

10 ports of entry. 

11 (c) AIRPORT AND SEAPORT EXIT IMPLEMENTATION.— 

12 Not later than December 31, 2008, the Secretary of Home13 land Security shall complete the exit portion of the biomet14 ric entry and exit data system referred to in subsection (a) 

15 for aliens arriving in or departing from the United States 

16 at an airport or seaport. 

17 (d) PROHIBITION ON TRANSFER.—The Secretary of 

18 Homeland Security shall not transfer to the National Pro19 tection and Programs Directorate of the Department of 

20 Homeland Security the office of the Department that carries 

21 out the biometric entry and exit data system referred to 

22 in subsection (a) until the Secretary submits to the commit23 tees specified in such subsection the action plan referred to 

24 in such subsection for full implementation of the biometric 

25 exit component of US-VISIT at all ports of entry. 


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1 SEC. 902. SHADOW WOLVES PROGRAM. 

2 Of the amount authorized by section 101, there is au3 thorized to be appropriated $4,100,000 for fiscal year 2008 

4 for the Shadow Wolves program. 

5 SEC. 903. COST-EFFECTIVE TRAINING FOR BORDER PATROL 

6 AGENTS. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity shall take such steps as may be necessary to control 

9 the costs of hiring, training, and deploying new Border Pa10 trol agents, including— 

11 (1) permitting individuals who are in training 

12 to become Border Patrol agents to waive certain 

13 course requirements of such training if such individ14 uals have earlier satisfied such requirements in a 

15 similar or comparable manner as determined by the 

16 Secretary; and 

17 (2) directing the Office of Inspector General to 

18 conduct a review of the costs and feasibility of train19 ing new Border Patrol agents at Federal training 

20 centers, including the Federal Law Enforcement 

21 Training Center facility in Charleston, South Caro22 lina, and the HAMMER facility in Hanford, Wash23 ington, and at training facilities operated by State 

24 and local law enforcement academies, non-profit enti25 ties, and private entities, including institutions in the 


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1 southwest border region, as well as the use of all of 

2 the above to conduct portions of such training. 

3 (b) LIMITATION ON PER-AGENT COST OF TRAINING.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the Secretary shall take such steps as may 

6 be necessary to ensure that the fiscal year 2008 per7 agent cost of hiring, training, and deploying each 

8 new Border Patrol agent does not exceed $150,000. 

9 (2) EXCEPTION AND CERTIFICATION.—If the Sec10 retary determines that the per-agent cost referred to 

11 in paragraph (1) exceeds $150,000, the Secretary 

12 shall promptly submit to the Committee on Homeland 

13 Security of the House of Representatives and the 

14 Committee on Homeland Security and Governmental 

15 Affairs of the Senate a certification explaining why 

16 such per-agent cost exceeds such amount. 

17 SEC. 904. STUDENT AND EXCHANGE VISITOR PROGRAM. 

18 (a) IN GENERAL.—Section 442 of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 252) is amended— 

20 (1) in subsection (a)— 

21 (A) by redesignating paragraph (5) as 

22 paragraph (10); and 

23 (B) by inserting after paragraph (4) the fol24 lowing: 


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1 ‘‘(5) STUDENT AND EXCHANGE VISITOR PRO2 GRAM.—In administering the program under para3 graph (4), the Secretary shall— 

4 ‘‘(A) prescribe regulations to require an in5 stitution or exchange visitor program sponsor 

6 participating in the Student and Exchange Vis7 itor Program to ensure that each covered student 

8 or exchange visitor enrolled at the institution or 

9 attending the exchange visitor program— 

10 ‘‘(i) is an active participant in the 

11 program for which the covered student or 

12 exchange visitor was issued a visa to enter 

13 the United States; 

14 ‘‘(ii) is not unobserved for any pe15 riod— 

16 ‘‘(I) exceeding 30 days during 

17 any academic term or program in 

18 which the covered student or exchange 

19 visitor is enrolled; or 

20 ‘‘(II) exceeding 60 days during 

21 any period not described in subclause 

22 (I); and 

23 ‘‘(iii) is reported to the Department if 

24 within 21 days of— 


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1 ‘‘(I) transferring to another insti2 tution or program; or 

3 ‘‘(II) being hospitalized or other4 wise incapacitated necessitating a pro5 longed absence from the academic in6 stitution or exchange visitor program; 

7 and 

8 ‘‘(B) notwithstanding subparagraph (A), re9 quire each covered student or exchange visitor to 

10 be observed at least once every 60 days. 

11 ‘‘(6) ENHANCED ACCESS.—The Secretary shall 

12 provide access to the Student and Exchange Visitor 

13 Information System (hereinafter in this subsection re14 ferred to as the ‘SEVIS’), or other equivalent program 

15 or system, to appropriate employees of an institution 

16 or exchange visitor program sponsor participating in 

17 the Student and Exchange Visitor Program if— 

18 ‘‘(A) at least two authorized users are iden19 tified at each participating institution or ex20 change visitor sponsor; 

21 ‘‘(B) at least one additional authorized user 

22 is identified at each such institution or sponsor 

23 for every 200 covered students or exchange visi24 tors enrolled at the institution or sponsor; and 


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1 ‘‘(C) each authorized user is certified by the 

2 Secretary as having completed an appropriate 

3 training course provided by the Department for 

4 the program or system. 

5 ‘‘(7) PROGRAM SUPPORT.—The Secretary shall 

6 provide appropriate technical support options to fa7 cilitate use of the program or system described in 

8 paragraph (4) by authorized users. 

9 ‘‘(8) UPGRADES TO SEVIS OR EQUIVALENT

10 DATA.—The Secretary shall update the program or 

11 system described in paragraph (4) to incorporate new 

12 data fields that include— 

13 ‘‘(A) verification that a covered student’s 

14 performance meets the minimum academic 

15 standards of the institution in which such stu16 dent is enrolled; and 

17 ‘‘(B) timely entry of academic majors, in18 cluding changes to majors, of covered students 

19 and exchange visitors enrolled at institutions or 

20 exchange program sponsors participating in the 

21 Student and Exchange Visitor Program. 

22 ‘‘(9) SAVINGS CLAUSE.— Nothing in this section 

23 shall prohibit the Secretary or any institution or ex24 change program sponsor participating in the Student 

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1 quent observations of covered students or exchange 

2 visitors.’’; and 

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

4 ‘‘(d) DEFINITIONS.—For purposes of this section: 

5 ‘‘(1) The term ‘covered student’ means a student 

6 who is a nonimmigrant pursuant to section 

7 101(1)(15)(F), 101(1)(15)(J), or 101(1)(15)(M) of the 

8 Immigration and Nationality Act of 1952. 

9 ‘‘(2) The term ‘observed’ means positively identi10 fied by physical or electronic means. 

11 ‘‘(3) The term ‘authorized user’ means an indi12 vidual nominated by an institution participating in 

13 the Student Exchange Visitor Program and confirmed 

14 by the Secretary as not appearing on any terrorist 

15 watch list. 

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

17 amount authorized by section 101 of the Department of 

18 Homeland Security Authorization Act for Fiscal Year 2008, 

19 there are authorized to be appropriated to the Secretary 

20 such sums as may be necessary to carry out this section.’’. 

21 (b) COMPTROLLER GENERAL REVIEW.—The Comp22 troller General shall conduct a review of the fees for the Stu23 dent and Exchange Visitor Program of the Department of 

24 Homeland Security. The Comptroller General shall include 

25 in such review data from fiscal years 2004 through 2007 


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1 and shall consider fees collected by the Department and all 

2 expenses associated with the review, issuance, maintenance, 

3 data collection, and enforcement functions of the Student 

4 and Exchange Visitor Program. 

5 SEC. 905. ASSESSMENT OF RESOURCES NECESSARY TO RE6 DUCE CROSSING TIMES AT LAND PORTS OF 

7 ENTRY. 

8 The Secretary of Homeland Security shall, not later 

9 than 180 days after the date of the enactment of this Act, 

10 conduct an assessment, and submit a report to the Congress, 

11 on the personnel, infrastructure, and technology required to 

12 reduce border crossing wait times for pedestrian, commer13 cial, and non-commercial vehicular traffic at land ports of 

14 entry into the United States to wait times less than prior 

15 to September 11, 2001, while ensuring appropriate security 

16 checks continue to be conducted. 

17 SEC. 906. BIOMETRIC IDENTIFICATION OF UNAUTHORIZED 

18 ALIENS. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity shall conduct a pilot program for the mobile biometric 

21 identification in the maritime environment of aliens un22 lawfully present in the United States. 

23 (b) REQUIREMENTS.—The Secretary shall ensure that 

24 the pilot program is coordinated with other biometric iden25 tification programs within the Department of Homeland 


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1 Security and shall evaluate the costs and feasibility of ex2 panding the capability to all appropriate Department of 

3 Homeland Security maritime vessels. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

5 amounts authorized in section 101, there is authorized to 

6 be appropriated $10,000,000 to carry out this section. 

7 SEC. 907. REPORT BY GOVERNMENT ACCOUNTABILITY OF8 FICE REGARDING POLICIES AND PROCE9 DURES OF THE BORDER PATROL. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act, the Comptroller General 

12 of the United States shall submit to the Committee on 

13 Homeland Security of the House of Representatives and the 

14 Committee on Homeland Security and Governmental Af15 fairs of the Senate a report regarding the policies and pro16 cedures of the Border Patrol pertaining to the use of lethal 

17 and non-lethal force and the pursuit of fleeing vehicles, in18 cluding data on the number of incidents in which lethal 

19 or non-lethal force was used and any penalties that were 

20 imposed on Border Patrol agents as a result of such use. 

21 (b) CONSULTATION.— 

22 (1) REQUIREMENT.—In complying with this sec23 tion, the Comptroller General shall consult with Cus24 toms and Border Protection and with representatives 

25 of the following: 


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1 (A) State and local law enforcement agen2 cies located along the northern and southern 

3 international borders of the United States. 

4 (B) The National Border Patrol Council. 

5 (C) The National Association of Former 

6 Border Patrol Officers. 

7 (D) Human rights groups with experience 

8 regarding aliens who cross the international 

9 land borders of the United States. 

10 (E) Any other group that the Comptroller 

11 General determines would be appropriate. 

12 (2) INCLUSION OF OPINIONS.—The Comptroller 

13 General shall attach written opinions provided by 

14 groups referenced to in paragraph (1) as appendices 

15 to the report. 

16 TITLE X—INFORMATION 

17 SHARING IMPROVEMENTS 

18 SEC. 1001. STATE AND LOCAL FUSION CENTER PROGRAM. 

19 (a) IN GENERAL.—Subtitle I of title VIII of the Home20 land Security Act of 2002 (6 U.S.C. 481 et seq.) is amended 

21 by striking sections 895 through 899 and inserting the fol22 lowing: 

23 ‘‘SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM. 

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

25 within the Department a State and Local Fusion Center 


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1 Program. The program shall be overseen by the component 

2 charged with overseeing information sharing of homeland 

3 security information with State, local and tribal law en4 forcement. The purpose of the State and Local Fusion Cen5 ter Program is to facilitate information sharing between the 

6 Department and State, local, and tribal law enforcement 

7 for homeland security and other purposes. 

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Secretary such sums 

10 as are necessary for the Secretary to carry out the purpose 

11 of the State and Local Fusion Center Program, including 

12 for— 

13 ‘‘(1) deploying Department personnel with intel14 ligence and operational skills to State and local fu15 sion centers participating in the Program; 

16 ‘‘(2) hiring and maintaining individuals with 

17 substantial law enforcement experience who have re18 tired from public service and deploying such individ19 uals to State and local fusion centers participating in 

20 the Program (with the consent of such centers); and 

21 ‘‘(3) maintaining an adequate number of staff at 

22 the headquarters of the Department to sustain and 

23 manage the portion of the Program carried out at the 

24 headquarters and to otherwise fill positions vacated 


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1 by Department staff deployed to State and local fu2 sion centers participating in the Program.’’. 

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

4 section 1(b) of such Act is amended by striking the items 

5 relating to sections 895 through 899 and inserting the fol6 lowing: 

‘‘Sec. 895. State and Local Fusion Center Program.’’. 

7 (c) PRIOR AMENDMENTS NOT AFFECTED.—This sec8 tion shall not be construed to affect the application of sec9 tions 895 through 899 of the Homeland Security Act of 

10 2002 (including provisions enacted by the amendments 

11 made by those sections), as in effect before the effective date 

12 of this section. 

13 SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 

14 TRAINING PROGRAM. 

15 (a) IN GENERAL.—Subtitle A of title II of the Home16 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 

17 by adding at the end the following new section: 

18 ‘‘SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 

19 TRAINING PROGRAM. 

20 ‘‘(a) ESTABLISHMENT.—The Secretary, through the 

21 Assistant Secretary for Information Analysis, the Privacy 

22 Officer, and the Officer for Civil Rights and Civil Liberties, 

23 shall establish a program within the Office of Civil Rights 

24 and Civil Liberties to provide privacy, civil liberties, and 

25 civil rights protection training for appropriate Department 


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1 employees and State, local, tribal employees serving in 

2 State and local fusion centers participating in the State 

3 and Local Fusion Center Program. 

4 ‘‘(b) MANDATORY TRAINING.— 

5 ‘‘(1) DEPARTMENT EMPLOYEES.—The Secretary 

6 shall require each employee of the Department who is 

7 embedded at a State or local fusion center and has ac8 cess to United States citizens and legal permanent 

9 residents personally identifiable information to suc10 cessfully complete training under the program estab11 lished under subsection (a). 

12 ‘‘(2) FUSION CENTER REPRESENTATIVES.—As a 

13 condition of receiving a grant from the Department, 

14 a fusion center shall require each State, local, tribal, 

15 or private sector representative of the fusion center to 

16 successfully complete training under the program es17 tablished under subsection (a) not later than six 

18 months after the date on which the State or local fu19 sion center at which the employee is embedded re20 ceives a grant from the Department. 

21 ‘‘(c) CONTENTS OF TRAINING.—Training provided 

22 under the program established under subsection (a) shall 

23 include training in Federal law in each of the following: 

24 ‘‘(1) Privacy, civil liberties, and civil rights poli25 cies, procedures, and protocols that can provide or 


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1 control access to information at a State or local fu2 sion center. 

3 ‘‘(2) Privacy awareness training based on sec4 tion 552a of title 5, United States Code, popularly 

5 known as the Privacy Act of 1974. 

6 ‘‘(3) The handling of personally identifiable in7 formation in a responsible and appropriate manner. 

8 ‘‘(4) Appropriate procedures for the destruction 

9 of information that is no longer needed. 

10 ‘‘(5) The consequences of failing to provide ade11 quate privacy and civil liberties protections. 

12 ‘‘(6) Compliance with Federal regulations setting 

13 standards for multijurisdictional criminal intelligence 

14 systems, including 28 CFR 23 (as in effect on the 

15 date of the enactment of this section). 

16 ‘‘(7) The use of immutable auditing mechanisms 

17 designed to track access to information at a State or 

18 local fusion center. 

19 ‘‘(d) CERTIFICATION OF TRAINING.—The Secretary, 

20 acting through the head of the Office of Civil Rights and 

21 Civil Liberties, shall issue a certificate to each person who 

22 completes the training under this section and performs suc23 cessfully in a written examination administered by the Of24 fice of Civil Rights and Civil Liberties. A copy of each such 

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1 pating fusion center shall be kept on file at that fusion cen2 ter. 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

4 amounts authorized by section 101, there are authorized to 

5 be appropriate to carry out this section— 

6 ‘‘(1) $3,000,000 for each of fiscal years 2008 

7 through 2013; and 

8 ‘‘(2) such sums as may be necessary for each sub9 sequent fiscal year.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents in 

11 section 1(b) of such Act is amended by adding at the end 

12 of the items relating to such subtitle the following: 

‘‘Sec. 203. Fusion center privacy and civil liberties training program.’’. 

13 SEC. 1003. AUTHORITY TO APPOINT AND MAINTAIN A 

14 CADRE OF FEDERAL ANNUITANTS FOR THE 

15 OFFICE OF INFORMATION ANALYSIS. 

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

17 (1) the term ‘‘IA’’ means the Office of Informa18 tion Analysis; 

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

20 under a Government retirement system; 

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

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

23 and 


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

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

3 Code. 

4 (b) APPOINTMENT AUTHORITY.—The Secretary (act5 ing through the Assistant Secretary for Information Anal6 ysis) may, for the purpose of accelerating the ability of IA 

7 to perform its statutory duties under the Homeland Secu8 rity Act of 2002, appoint annuitants to positions in IA in 

9 accordance with succeeding provisions of this section. 

10 (c) NONCOMPETITIVE PROCEDURES; EXEMPTION

11 FROM OFFSET.—An appointment made under subsection 

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

13 States Code, governing appointments in the competitive 

14 service, and any annuitant serving pursuant to such an 

15 appointment shall be exempt from sections 8344 and 8468 

16 of such title 5 (relating to annuities and pay on reemploy17 ment) and any other similar provision of law under a Gov18 ernment retirement system. 

19 (d) LIMITATIONS.—No appointment under subsection 

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

21 displacement of any employee or would cause the total num22 ber of positions filled by annuitants appointed under such 

23 subsection to exceed 100 as of any time (determined on a 

24 full-time equivalent basis). 


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

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

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

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

6 period beginning on the date of the enactment of this Act— 

7 (1) any authority to make appointments under 

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

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

10 cease to be effective. 

11 TITLE XI—MISCELLANEOUS 

12 PROVISIONS 

13 SEC. 1101. ELIGIBLE USES FOR INTEROPERABILITY 

14 GRANTS. 

15 The Secretary of Homeland Security shall ensure that 

16 all funds administered by the Department of Homeland Se17 curity to support the interoperable communications needs 

18 of State, local, and tribal agencies, including funds admin19 istered pursuant to a Memorandum of Understanding or 

20 other agreement, may be used to support the standards out21 lined in the SAFECOM interoperability continuum, in22 cluding governance, standard operating procedures, tech23 nology, training and exercises, and usage. 


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1 SEC. 1102. RURAL HOMELAND SECURITY TRAINING INITIA2 TIVE. 

3 (a) ESTABLISHMENT.—The Secretary of Homeland 

4 Security shall establish a program to be administered by 

5 the Director of the Federal Law Enforcement Training Cen6 ter of the Department of Homeland Security to expand 

7 homeland security training to units of local and tribal gov8 ernments located in rural areas. The Secretary shall take 

9 the following actions: 

10 (1) EVALUATION OF NEEDS OF RURAL AREAS.— 

11 The Secretary shall evaluate the needs of such areas. 

12 (2) DEVELOPMENT OF TRAINING PROGRAMS.— 

13 The Secretary shall develop expert training programs 

14 designed to respond to the needs of such areas, includ15 ing, but not limited to, those pertaining to rural 

16 homeland security responses including protections for 

17 privacy, and civil rights and civil liberties. 

18 (3) PROVISION OF TRAINING PROGRAMS.—The 

19 Secretary shall provide to such areas the training 

20 programs developed under paragraph (2). 

21 (4) OUTREACH EFFORTS.—The Secretary shall 

22 conduct outreach efforts to ensure that such areas are 

23 aware of the training programs developed under 

24 paragraph (2) so that such programs are made avail25 able to units of local government and tribal govern26 ments located in rural areas. 


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1 (b) NO DUPLICATION OR DISPLACEMENT OF CURRENT

2 PROGRAMS.—Any training program developed under para3 graph (2) of subsection (a) and any training provided by 

4 the program pursuant to such subsection shall be developed 

5 or provided, respectively, in a manner so as to not duplicate 

6 or displace any program in existence on the date of the en7 actment of this section. 

8 (c) PRIORITIZED LOCATIONS FOR RURAL HOMELAND

9 SECURITY TRAINING.—In designating sites for the provi10 sion of training under this section, the Secretary shall, to 

11 the maximum extent possible and as appropriate, give pri12 ority to facilities of the Department of Homeland Security 

13 in existence as of the date of the enactment of this Act and 

14 to closed military installations, and to the extent possible, 

15 shall conduct training onsite, at facilities operated by par16 ticipants. 

17 (d) RURAL DEFINED.—In this section, the term 

18 ‘‘rural’’ means an area that is not located in a metropolitan 

19 statistical area, as defined by the Office of Management and 

20 Budget. 

21 SEC. 1103. CRITICAL INFRASTRUCTURE STUDY. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity shall work with the Center for Risk and Economic 

24 Analysis of Terrorism Events (CREATE), led by the Uni25 versity of Southern California, to evaluate the feasibility 


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1 and practicality of creating further incentives for private 

2 sector stakeholders to share protected critical infrastructure 

3 information with the Department for homeland security 

4 and other purposes. 

5 (b) INCLUDED INCENTIVES.—Incentives evaluated 

6 under this section shall include, but not be limited to, tax 

7 incentives, grant eligibility incentives, and certificates of 

8 compliance and other non-monetary incentives. 

9 (c) RECOMMENDATIONS.—The evaluation shall also in10 clude recommendations on the structure and thresholds of 

11 any incentive program. 

12 SEC. 1104. TERRORIST WATCH LIST AND IMMIGRATION STA13 TUS REVIEW AT HIGH-RISK CRITICAL INFRA14 STRUCTURE. 

15 From amounts authorized under section 101, there 

16 may be appropriated such sums as are necessary for the 

17 Secretary of Homeland Security to require each owner or 

18 operator of a Tier I or Tier II critical infrastructure site 

19 as selected for the Buffer Zone Protection Program, to con20 duct checks of their employees against available terrorist 

21 watch lists and immigration status databases. 

22 SEC. 1105. AUTHORIZED USE OF SURPLUS MILITARY VEHI23 CLES. 

24 The Secretary of Homeland Security shall include 

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1 onstrated utility for responding to terrorist attacks, major 

2 disasters, and other emergencies on the Authorized Equip3 ment List in order to allow State, local, and tribal agencies 

4 to purchase, modify, upgrade, and maintain such vehicles 

5 using homeland security assistance administered by the De6 partment of Homeland Security. 

7 SEC. 1106. COMPUTER CAPABILITIES TO SUPPORT REAL8 TIME INCIDENT MANAGEMENT. 

9 From amounts authorized under section 101, there are 

10 authorized such sums as may be necessary for the Secretary 

11 of Homeland Security to encourage the development and use 

12 of software- or Internet-based computer capabilities to sup13 port real-time incident management by Federal, State, 

14 local, and tribal agencies. Such software-based capabilities 

15 shall be scalable and not be based on proprietary systems 

16 to ensure the compatibility of Federal, State, local, and 

17 tribal first responder agency incident management systems. 

18 In the development and implementation of such computer 

19 capabilities, the Secretary shall consider the feasibility and 

20 desirability of including the following capabilities: 

21 (1) Geographic information system data. 

22 (2) Personnel, vehicle, and equipment tracking 

23 and monitoring. 

24 (3) Commodity tracking and other logistics man25 agement. 


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1 (4) Evacuation center and shelter status track2 ing. 

3 (5) Such other capabilities as determined appro4 priate by the Secretary. 

5 SEC. 1107. EXPENDITURE REPORTS AS A CONDITION OF 

6 HOMELAND SECURITY GRANTS. 

7 (a) IN GENERAL.—Subtitle H of title VIII of the 

8 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is 

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

10 ‘‘SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF 

11 HOMELAND SECURITY GRANTS. 

12 ‘‘(a) QUARTERLY REPORTS REQUIRED AS A CONDI13 TION OF HOMELAND SECURITY GRANTS.— 

14 ‘‘(1) EXPENDITURE REPORTS REQUIRED.—As a 

15 condition of receiving a grant administered by the 

16 Secretary, the Secretary shall require the grant re17 cipient to submit quarterly reports to the Secretary 

18 describing the nature and amount of each expenditure 

19 made by the recipient using grant funds. 

20 ‘‘(2) DEADLINE FOR REPORTS.—Each report re21 quired under paragraph (1) shall be submitted not 

22 later than 30 days after the last day of a fiscal quar23 ter and shall cover expenditures made during that fis24 cal quarter. 


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1 ‘‘(b) PUBLICATION OF EXPENDITURES.—Not later 

2 than 30 days after receiving a report under subsection (a), 

3 the Secretary shall publish and make publicly available on 

4 the Internet website of the Department a description of the 

5 nature and amount of each expenditure covered by the re6 port. 

7 ‘‘(c) PROTECTION OF SENSITIVE INFORMATION.—In 

8 meeting the requirements of this section, the Secretary shall 

9 take appropriate action to ensure that sensitive information 

10 is not disclosed.’’. 

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

12 section 1(b) of such Act is amended by adding at the end 

13 of the items relating to such subtitle the following: 

‘‘Sec. 890A. Expenditure reports as a condition of homeland security grants.’’. 

14 SEC. 1108. ENCOURAGING USE OF COMPUTERIZED TRAIN15 ING AIDS. 

16 The Under Secretary for Science and Technology of the 

17 Department of Homeland Security shall use and make 

18 available to State and local agencies computer simulations 

19 to help strengthen the ability of municipalities to prepare 

20 for and respond to a chemical, biological, or other terrorist 

21 attack, and to standardize response training. 


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1 SEC. 1109. PROTECTION OF NAME, INITIALS, INSIGNIA, AND 

2 DEPARTMENTAL SEAL. 

3 Section 875 of the Homeland Security Act of 2002 (6 

4 U.S.C. 455) is amended by adding at the end the following 

5 new subsection: 

6 ‘‘(d) PROTECTION OF NAME, INITIALS, INSIGNIA, AND

7 SEAL.— 

8 ‘‘(1) IN GENERAL.—Except with the written per9 mission of the Secretary, no person may knowingly 

10 use, in connection with any advertisement, commer11 cial activity, audiovisual production (including film 

12 or television production), impersonation, Internet do13 main name, Internet e-mail address, or Internet Web 

14 site, merchandise, retail product, or solicitation in a 

15 manner reasonably calculated to convey the impres16 sion that the Department or any organizational ele17 ment of the Department has approved, endorsed, or 

18 authorized such use, any of the following (or any 

19 colorable imitation thereof): 

20 ‘‘(A) The words ‘Department of Homeland 

21 Security’, the initials ‘DHS’, the insignia or seal 

22 of the Department, or the title ‘Secretary of 

23 Homeland Security’. 

24 ‘‘(B) The name, initials, insignia, or seal of 

25 any organizational element (including any 

26 former such element) of the Department, or the 


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1 title of any other officer or employee of the De2 partment, notice of which has been published by 

3 the Secretary in accordance with paragraph (3). 

4 ‘‘(2) CIVIL ACTION.—Whenever it appears to the 

5 Attorney General that any person is engaged or is 

6 about to engage in an act or practice that constitutes 

7 or will constitute conduct prohibited by paragraph 

8 (1) the Attorney General may initiate a civil pro9 ceeding in a district court of the United States to en10 join such act or practice. Such court shall proceed as 

11 soon as practicable to the hearing and determination 

12 of such action and may, at any time before final de13 termination, enter such restraining orders or prohibi14 tions, or take such other actions as is warranted, to 

15 prevent injury to the United States or to any person 

16 or class of persons for whose protection the action is 

17 brought. 

18 ‘‘(3) NOTICE AND PUBLICATION.—The notice and 

19 publication to which paragraph (1)(B) refers is a no20 tice published in the Federal Register including the 

21 name, initials, seal, or class of titles protected under 

22 paragraph (1)(B) and a statement that they are pro23 tected under that provision. The Secretary may 

24 amend such notice from time to time as the Secretary 

25 determines appropriate in the public interest and 


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1 shall publish such amendments in the Federal Reg2 ister. 

3 ‘‘(4) AUDIOVISUAL PRODUCTION.—For the pur4 pose of this subsection, the term ‘audiovisual produc5 tion’ means the production of a work that consists of 

6 a series of related images that are intrinsically in7 tended to be shown by the use of machines or devices 

8 such as projectors, viewers, or electronic equipment, 

9 together with accompanying sounds, if any, regardless 

10 of the nature of the material objects, such as films or 

11 tapes, in which the work is embodied.’’. 

12 SEC. 1110. REPORT ON UNITED STATES SECRET SERVICE 

13 APPROACH TO SHARING UNCLASSIFIED, LAW 

14 ENFORCEMENT SENSITIVE INFORMATION 

15 WITH FEDERAL, STATE, AND LOCAL PART16 NERS. 

17 (a) REPORT BY DIRECTOR OF UNITED STATES SE18 CRET SERVICE.—Not later than 240 days after the date of 

19 the enactment of this Act, the Director of the United States 

20 Secret Service shall submit to the Committee on Homeland 

21 Security of the House of Representatives, the Committee on 

22 Homeland Security and Governmental Affairs of the Sen23 ate, and the Inspector General of the Department of Home24 land Security a report describing the approach of the Secret 

25 Service to sharing unclassified, law enforcement sensitive 


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1 information with Federal, State, and local law enforcement 

2 agencies for homeland security and other purposes. 

3 (b) REPORT BY INSPECTOR GENERAL.—The Inspector 

4 General of the Department of Homeland Security shall con5 duct a review of the report submitted by the Director of 

6 the United States Secret Service under subsection (a), and 

7 submit a report with recommendations on whether and how 

8 such approach could be incorporated throughout the Depart9 ment to Congress within 240 days after receiving the report 

10 of the Director of the United States Secret Service under 

11 subsection (a). 

12 SEC. 1111. REPORT ON UNITED STATES SECRET SERVICE 

13 JAMES J. ROWLEY TRAINING CENTER. 

14 Within 240 days after the date of the enactment of this 

15 Act, the Inspector General of the Department of Homeland 

16 Security shall provide to the appropriate congressional 

17 committees, including the Committees on Homeland Secu18 rity and Appropriations of the House of Representatives 

19 and the Committees on Homeland Security and Govern20 mental Affairs and Appropriations of the Senate, a report 

21 describing the following: 

22 (1) The mission and training capabilities of the 

23 United States Secret Service James J. Rowley Train24 ing Center. 


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1 (2) Current Secret Service personnel throughput 

2 capacity of the James J. Rowley Training Center. 

3 (3) Maximum Secret Service personnel through4 put capacity of the James J. Rowley Training Cen5 ter. 

6 (4) An assessment of what departmental compo7 nents engage in similar training activities as those 

8 conducted at the James J. Rowley Training Center. 

9 (5) An assessment of the infrastructure enhance10 ments needed to support the mission and training ca11 pabilities of the James J. Rowley Training Center. 

12 (6) An assessment of the actual and expected 

13 total throughput capacity at the James J. Rowley 

14 Training Center, including outside entity partici15 pants. 

16 SEC. 1112. METROPOLITAN MEDICAL RESPONSE SYSTEM 

17 PROGRAM. 

18 (a) IN GENERAL.—Title V of the Homeland Security 

19 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

20 at the end the following: 

21 ‘‘SEC. 522. METROPOLITAN MEDICAL RESPONSE SYSTEM 

22 PROGRAM. 

23 ‘‘(a) IN GENERAL.—There is a Metropolitan Medical 

24 Response System Program (in this section referred to as 

25 the ‘program’). 


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1 ‘‘(b) PURPOSE.—The purpose of the program shall be 

2 to support local jurisdictions in enhancing and maintain3 ing all-hazards response capabilities to manage mass cas4 ualty incidents (including terrorist acts using chemical, bi5 ological, radiological, nuclear agents, or explosives, large6 scale hazardous materials incidents, epidemic disease out7 breaks, and natural disasters) by systematically enhancing 

8 and integrating first responders, public health personnel, 

9 emergency management personnel, business representatives, 

10 and volunteers. 

11 ‘‘(c) PROGRAM ADMINISTRATION.—The Assistant Sec12 retary for Health Affairs shall develop the programmatic 

13 and policy guidance for the program in coordination with 

14 the Administrator of the Federal Emergency Management 

15 Agency. 

16 ‘‘(d) PERSONNEL COSTS.—The program shall not be 

17 subject to an administrative cap on the hiring of personnel 

18 to conduct program activities. 

19 ‘‘(e) FINANCIAL ASSISTANCE.— 

20 ‘‘(1) ADMINISTRATION.—The Administrator of 

21 the Federal Emergency Management Agency shall ad22 minister financial assistance provided to State and 

23 local jurisdictions under the program. 

24 ‘‘(2) ASSISTANCE TO LOCAL JURISDICTIONS.—In 

25 providing financial assistance to a State under the 


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1 program, the Administrator shall ensure that 100 

2 percent of the amount of such assistance is allocated 

3 by the State to local jurisdictions, except that a State 

4 may retain up to 20 percent of the amount of such 

5 assistance to facilitate integration between the State 

6 and the local jurisdiction pursuant to a written 

7 agreement between the State and the chair of the Met8 ropolitan Medical Response System steering com9 mittee. 

10 ‘‘(3) MUTUAL AID.— 

11 ‘‘(A) AGREEMENTS.—Local jurisdictions re12 ceiving assistance under the program are encour13 aged to develop and maintain memoranda of un14 derstanding and agreement with neighboring ju15 risdictions to support a system of mutual aid 

16 among the jurisdictions. 

17 ‘‘(B) CONTENTS.—A memorandum referred 

18 to in subparagraph (A) shall include, at a min19 imum, policies and procedures to— 

20 ‘‘(i) enable the timely deployment of 

21 program personnel and equipment across 

22 jurisdictions and, if relevant, across State 

23 boundaries; 

24 ‘‘(ii) share information in a consistent 

25 and timely manner; and 


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1 ‘‘(iii) notify State authorities of the de2 ployment of program resources in a manner 

3 that ensures coordination with State agen4 cies without impeding the ability of pro5 gram personnel and equipment to respond 

6 rapidly to emergencies in other jurisdic7 tions. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

9 amounts authorized by section 101 there is authorized to 

10 be appropriated to carry out the program $63,000,000 for 

11 each of the fiscal years 2008 through 2011.’’. 

12 (b) PROGRAM REVIEW.— 

13 (1) IN GENERAL.—The Assistant Secretary for 

14 Health Affairs shall conduct a review of the Metro15 politan Medical Response System Program. 

16 (2) CONTENT OF REVIEW.—In conducting the re17 view of the program, the Assistant Secretary shall ex18 amine— 

19 (A) strategic goals; 

20 (B) objectives; 

21 (C) operational capabilities; 

22 (D) resource requirements; 

23 (E) performance metrics; 

24 (F) administration; 


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1 (G) whether the program would be more ef2 fective if it were managed as a contractual 

3 agreement; 

4 (H) the degree to which the program’s stra5 tegic goals, objectives, and capabilities are incor6 porated in State and local homeland security 

7 plans; and 

8 (I) challenges in the coordination among 

9 public health, public safety, and other stake10 holder groups to prepare for and respond to mass 

11 casualty incidents. 

12 (3) REPORT.—Not later than 9 months after the 

13 date of enactment of this subsection, the Assistant 

14 Secretary shall submit to the Committee on Home15 land Security of the House of Representatives and the 

16 Committee on Homeland Security and Governmental 

17 Affairs of the Senate a report on the results of the re18 view. 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) REPEAL.—Section 635 of the Post-Katrina 

21 Management Reform Act of 2006 (6 U.S.C. 723) is re22 pealed. 

23 (2) TABLE OF CONTENTS.—The table of contents 

24 contained in section 1(b) of the Homeland Security 


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1 Act of 2002 is amended by inserting after the item re2 lating to section 521 the following: 

‘‘Sec. 522. Metropolitan Medical Response System Program.’’. 

3 SEC. 1113. IDENTITY FRAUD PREVENTION GRANT PRO4 GRAM. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) The National Commission on Terrorist At7 tacks Upon the United States found that the 19 hi8 jackers had been issued 16 State driver’s licenses 

9 (from Arizona, California, Florida, and Virginia) 

10 and 14 State identification cards (from Florida, 

11 Maryland and Virginia). 

12 (2) The Commission concluded that ‘‘[s]ecure 

13 identification should begin in the United States. The 

14 Federal Government should set standards for the 

15 issuance of birth certificates and sources of identifica16 tion, such as driver’s licenses. Fraud in identification 

17 is no longer just a problem of theft. At many entry 

18 points to vulnerable facilities, including gates for 

19 boarding aircraft, sources of identification are the last 

20 opportunity to ensure that people are who they say 

21 they are and to check whether they are terrorists.’’ 

22 (b) GRANT PROGRAM.—Subtitle D of title IV of the 

23 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) is 

24 amended by adding at the end the following: 


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1 ‘‘SEC. 447. DOCUMENT FRAUD PREVENTION GRANT PRO2 GRAM. 

3 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

4 program to make grants available to States to be used to 

5 prevent terrorists and other individuals from fraudulently 

6 obtaining and using State-issued identification cards and 

7 to develop more secure State-issued documents to be used 

8 for official Federal purposes. 

9 ‘‘(b) USE OF FUNDS.—A recipient of a grant under 

10 this section may use the grant for any of the following pur11 poses: 

12 ‘‘(1) To develop machine readable technology, 

13 encryption methods, or other means of protecting 

14 against unauthorized access of information appearing 

15 on licenses or identification. 

16 ‘‘(2) To establish a system for a State-to-State 

17 data exchange that allows electronic access to States 

18 to information contained in a State department of 

19 motor vehicles database. 

20 ‘‘(3) To develop or implement a security plan de21 signed to safeguard the privacy of personal informa22 tion collected, maintained, and used by State motor 

23 vehicles offices from unauthorized access, misuse, 

24 fraud, and identity theft. 

25 ‘‘(4) To develop a querying service that allows 

26 access to Federal databases in a timely, secure, and 


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1 cost-effective manner, in order to verify the issuance, 

2 validity, content, and completeness of source docu3 ments provided by applicants for identity documents 

4 issued by State agencies, including departments of 

5 motor vehicles. 

6 ‘‘(5) To develop a system for States to capture 

7 and store digital images of identity source documents 

8 and photographs of applicants in electronic format. 

9 ‘‘(6) To design systems or establish procedures 

10 that would reduce the number of in-person visits re11 quired to State departments of motor vehicles to ob12 tain State-issued identity documents used for Federal 

13 official purposes. 

14 ‘‘(c) PRIORITY IN AWARDING GRANTS.—In awarding 

15 grants under this section the Secretary shall give priority 

16 to a State that demonstrates that— 

17 ‘‘(1) the grant will assist the State in complying 

18 with any regulation issued by the Department to pre19 vent the fraudulent issuance of identification docu20 ments to be used for official Federal purposes; and 

21 ‘‘(2) such compliance will facilitate the ability of 

22 other States to comply with such regulations. 

23 ‘‘(d) LIMITATION ON SOURCE OF FUNDING.—The Sec24 retary may not use amounts made available under this sec25 tion for any other grant program of the Department to proVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 vide funding for expenses related to the REAL ID Act of 

2 2005 (Public Law 109–13). 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

4 amounts authorized by section 101 there are authorized to 

5 be appropriated to the Secretary for making grants under 

6 this section— 

7 ‘‘(1) 120,000,000 for fiscal year 2008; 

8 ‘‘(2) $100,000,000 for fiscal year 2009; and 

9 ‘‘(3) $80,000,000 for fiscal year 2010.’’. 

10 (c) CLERICAL AMENDMENT.—The table of contents in 

11 section 1(b) of such Act is amended by inserting after the 

12 items relating to such subtitle the following: 

‘‘Sec. 447. Document fraud prevention grant program.’’. 

13 SEC. 1114. TECHNICAL CORRECTIONS. 

14 The Homeland Security Act of 2002 (Public Law 107– 

15 296; 6 U.S.C. 361 et seq.) is amended— 

16 (1) in section 1(b) in the table of contents by 

17 striking the items relating to the second title XVIII, 

18 as added by section 501(b)(3) of Public Law 109–347, 

19 and inserting the following: 

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Mission of Office. 

‘‘Sec. 1903. Hiring authority. 

‘‘Sec. 1904. Testing authority. 

‘‘Sec. 1905. Relationship to other Department entities and Federal agencies. 

‘‘Sec. 1906. Contracting and grant making authorities.’’. 


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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 through 

6 1806 as sections 1901 through 1906, respectively; 

7 (B) in section 1904(a) (6 U.S.C. 594(a)), as 

8 so redesignated, by striking ‘‘section 1802’’ and 

9 inserting ‘‘section 1902’’; and 

10 (C) in section 1906 (6 U.S.C. 596), as so re11 designated, by striking ‘‘section 1802(a)’’ each 

12 place it appears and inserting ‘‘section 1902(a)’’. 

13 SEC. 1115. CITIZEN CORPS. 

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 encourage 

17 the use of Citizen Corps funding and local Citizen Corps 

18 Councils to provide education and training for populations 

19 located around critical infrastructure on preparing for and 

20 responding to terrorist attacks, major disasters, and other 

21 emergencies. 


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1 SEC. 1116. REPORT REGARDING DEPARTMENT OF HOME2 LAND SECURITY IMPLEMENTATION OF COMP3 TROLLER GENERAL AND INSPECTOR GEN4 ERAL RECOMMENDATIONS REGARDING PRO5 TECTION OF AGRICULTURE. 

6 (a) REPORT REQUIRED.—The Secretary of Homeland 

7 Security shall prepare a report describing how the Depart8 ment of Homeland Security will implement the applicable 

9 recommendations of the following reports: 

10 (1) Comptroller General report entitled ‘‘Home11 land Security: How Much is Being Done to Protect 

12 Agriculture from a Terrorist Attack, but Important 

13 Challenges Remain’’ (GAO–05–214). 

14 (2) Department of Homeland Security Office of 

15 Inspector General report entitled ‘‘The Department of 

16 Homeland Security’s Role in Food Defense and Crit17 ical Infrastructure Protection’’ (OIG–07–33). 

18 (b) SUBMISSION OF REPORT.—Not later than 120 days 

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

20 shall submit the report to the Committee on Homeland Se21 curity of the House of Representatives and the Committee 

22 on Homeland Security and Governmental Affairs of the 

23 Senate. If the Secretary determines that a specific rec24 ommendation will not be implemented or will not be fully 

25 implemented, the Secretary shall include in the report a 


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1 description of the reasoning or justification for the deter2 mination. 

3 SEC. 1117. REPORT REGARDING LEVEE SYSTEM. 

4 (a) IN GENERAL.—Not later than 6 months after the 

5 date of the enactment of this Act, the Secretary of Homeland 

6 Security shall submit to the appropriate congressional com7 mittees a report analyzing the threat, vulnerability, and 

8 consequence of a terrorist attack on the levee system of the 

9 United States. 

10 (b) EXISTING REPORTS.—In implementing this sec11 tion, the Secretary may build upon existing reports as nec12 essary. 

13 SEC. 1118. REPORT ON FORCE MULTIPLIER PROGRAM. 

14 Not later than 60 days after the date of the enactment 

15 of this Act, the Secretary of Homeland Security shall sub16 mit to the appropriate congressional committees a report 

17 on the progress of the Secretary— 

18 (1) in establishing procedures to ensure compli19 ance with section 44917(a)(7) of title 49, United 

20 States Code; and 

21 (2) in accomplishing the operational aspects of 

22 the Force Multiplier Program, as required pursuant 

23 to the Department of Homeland Security Appropria24 tions Act, 2007 (Public Law 109–295). 


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1 SEC. 1119. ELIGIBILITY OF STATE JUDICIAL FACILITIES FOR 

2 STATE HOMELAND SECURITY GRANTS. 

3 (a) IN GENERAL.—States may utilize covered grants 

4 for the purpose of providing funds to State and local judi5 cial facilities for security at those facilities. 

6 (b) COVERED GRANTS.—For the purposes of this sec7 tion, the term ‘‘covered grant’’ means a grant under any 

8 of the following programs of the Department of Homeland 

9 Security: 

10 (1) The State Homeland Security Grant Pro11 gram. 

12 (2) The Urban Area Security Initiative. 

13 SEC. 1120. AUTHORIZATION OF HOMELAND SECURITY 

14 FUNCTIONS OF THE UNITED STATES SECRET 

15 SERVICE. 

16 (a) AUTHORIZED FUNDING.—Of the amounts author17 ized by section 101, there is authorized to be appropriated 

18 for fiscal year 2008 for necessary expenses of the United 

19 States Secret Service, $1,641,432,000. 

20 (b) AUTHORIZED PERSONNEL STRENGTH.—The 

21 United States Secret Service is authorized to provide 6,822 

22 full-time equivalent positions. 

23 SEC. 1121. DATA SHARING. 

24 The Secretary of Homeland Security shall provide in25 formation relating to assistance requested or provided in 

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1 gency, to Federal, State, or local law enforcement entities 

2 to assist in the location of a missing child or registered sex 

3 offender. In providing such information, the Secretary shall 

4 take reasonable steps to protect the privacy of individuals. 

5 TITLE XII—MARITIME ALIEN 

6 SMUGGLING 

7 SEC. 1201. SHORT TITLE. 

8 This title may be cited as the ‘‘Maritime Alien Smug9 gling Law Enforcement Act’’. 

10 SEC. 1202. CONGRESSIONAL DECLARATION OF FINDINGS. 

11 The Congress finds and declares that maritime alien 

12 smuggling violates the national sovereignty of the United 

13 States, places the country at risk of terrorist activity, com14 promises the country’s border security, contravenes the rule 

15 of law, and compels an unnecessary risk to life among those 

16 who enforce the Nation’s laws. Moreover, such maritime 

17 alien smuggling creates a condition of human suffering 

18 among those who seek to enter the United States without 

19 official permission or lawful authority that is to be univer20 sally condemned and vigorously opposed. 

21 SEC. 1203. DEFINITIONS. 

22 In this title: 

23 (1) The term ‘‘alien’’ has the same meaning 

24 given that term in section 101 of the Immigration 

25 and Nationality Act (8 U.S.C. 1101). 


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1 (2) The term ‘‘lawful authority’’ means permis2 sion, authorization, or waiver that is expressly pro3 vided for in the immigration laws of the United 

4 States or the regulations prescribed thereunder and 

5 does not include any such authority secured by fraud 

6 or otherwise obtained in violation of law or authority 

7 that has been sought but not approved. 

8 (3) The term ‘‘serious bodily injury’’ has the 

9 same meaning given that term in section 1365 of title 

10 18, United States Code, including any conduct that 

11 would violate sections 2241 or 2242 of such title, if 

12 the conduct occurred in the special maritime and ter13 ritorial jurisdiction of the United States. 

14 (4) The term ‘‘State’’ has the same meaning 

15 given that term in section 101 of the Immigration 

16 and Nationality Act (8 U.S.C. 1101). 

17 (5) The term ‘‘terrorist activity’’ has the same 

18 meaning given that term in section 212(a)(3)(B) of 

19 the Immigration and Nationality Act (8 U.S.C. 

20 1182(a)(3)(B)). 

21 (6) The term ‘‘United States’’ includes the sev22 eral States, the District of Columbia, the Common23 wealth of Puerto Rico, Guam, American Samoa, the 

24 United States Virgin Islands, the Commonwealth of 


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1 the Northern Mariana Islands, and any other terri2 tory or possession of the United States. 

3 (7) The term ‘‘vessel of the United States’’ and 

4 ‘‘vessel subject to the jurisdiction of the United 

5 States’’ have the same meanings given those terms in 

6 section 2 of the Maritime Drug Law Enforcement Act 

7 (46 U.S.C. App. 1903). 

8 SEC. 1204. MARITIME ALIEN SMUGGLING. 

9 (a) OFFENSE.—For purposes of enforcing Federal 

10 laws, including those that pertain to port, maritime, or 

11 land border security, no person on board a vessel of the 

12 United States or a vessel subject to the jurisdiction of the 

13 United States, or who is a citizen or national of the United 

14 States or an alien who is paroled into or is a resident of 

15 the United States on board any vessel, shall assist, encour16 age, direct, induce, transport, move, harbor, conceal, or 

17 shield from detection an individual in transit from one 

18 country to another on the high seas, knowing or in reckless 

19 disregard of the fact that such individual is an alien, 

20 known, or suspected terrorist, or an individual seeking to 

21 commit terrorist activity, seeking to enter the United States 

22 without official permission or lawful authority. 

23 (b) ATTEMPT OR CONSPIRACY.—Any person who at24 tempts or conspires to commit a violation of this title shall 

25 be subject to the same penalties as those prescribed for the 


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1 violation, the commission of which was the object of the at2 tempt or conspiracy. 

3 (c) JURISDICTION AND SCOPE.— 

4 (1) IN GENERAL.—Jurisdiction of the United 

5 States with respect to vessels and persons subject to 

6 this section is not an element of any offense. All juris7 dictional issues arising under this section are pre8 liminary questions of law to be determined solely by 

9 the trial judge. 

10 (2) EXTRATERRITORIAL JURISDICTION.—There is 

11 extraterritorial Federal jurisdiction over the offenses 

12 described in this section. 

13 (3) NONAPPLICABILITY TO LAWFUL ACTIVI14 TIES.—Nothing in this title shall apply to otherwise 

15 lawful activities carried out by or at the direction of 

16 the United States Government. 

17 (d) CLAIM OF FAILURE TO COMPLY WITH INTER18 NATIONAL LAW; JURISDICTION OF COURT.—Any person 

19 charged with a violation of this title shall not have standing 

20 to raise the claim of failure to comply with international 

21 law as a basis for a defense. A claim of failure to comply 

22 with international law in the enforcement of this title may 

23 be invoked solely by a foreign nation, and a failure to com24 ply with international law shall not divest a court of jurisVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 diction or otherwise constitute a defense to any proceeding 

2 under this title. 

3 (e) AFFIRMATIVE DEFENSE.—It shall be an affirma4 tive defense to a violation of this section, as to which the 

5 defendant has the burden of proof by a preponderance of 

6 the evidence, that prior to the alleged violation the defend7 ant rescued the alien at sea, if the defendant— 

8 (1) immediately reported to the Coast Guard the 

9 circumstances of the rescue, and the name, descrip10 tion, registry number, and location of the rescuing 

11 vessel; and 

12 (2) did not bring or attempt to bring the alien 

13 into the land territory of the United States without 

14 official permission or lawful authority, unless exigent 

15 circumstances existed that placed the life of the alien 

16 in danger, in which case the defendant must have re17 ported to the Coast Guard the information required 

18 by paragraph (1) of this subsection immediately upon 

19 delivering that alien to emergency medical personnel 

20 ashore. 

21 (f) ADMISSIBILITY OF EVIDENCE.—Notwithstanding 

22 any provision of the Federal Rules of Evidence, the testi23 mony of Coast Guard personnel and official records of the 

24 Coast Guard, offered to show either that the defendant did 

25 not report immediately the information required by subVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 section (e) or the absence of any such report by the defend2 ant, shall be admissible, and the jury shall be instructed, 

3 upon request of the United States, that it may draw an 

4 inference from such records or testimony in deciding wheth5 er the defendant reported as required by subsection (e). 

6 (g) ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI7 MONY.—Notwithstanding any provision of the Federal 

8 Rules of Evidence, the videotaped (or otherwise audio9 visually or electronically preserved) deposition of a witness 

10 to any alleged violation of subsection (a) of this section who 

11 has been repatriated, removed, extradited, or otherwise ex12 pelled from or denied admission to the United States or 

13 who is otherwise unable to testify may be admitted into evi14 dence in an action brought for that violation if the witness 

15 was available for cross examination at the deposition and 

16 the deposition otherwise complies with the Federal Rules of 

17 Evidence. 

18 (h) PENALTIES.—A person who commits any violation 

19 under this section shall— 

20 (1) be imprisoned for not less than 3 years and 

21 not more than 20 years, fined not more than 

22 $100,000, or both; 

23 (2) in a case in which the violation furthers or 

24 aids the commission of any other criminal offense 

25 against the United States or any State for which the 


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1 offense is punishable by imprisonment for more than 

2 1 year, be imprisoned for not less than 5 years and 

3 not more than 20 years, fined not more than 

4 $100,000, or both; 

5 (3) in a case in which any participant in the 

6 violation created a substantial risk of death or serious 

7 bodily injury to another person (including, but not 

8 limited to, transporting a person in a shipping con9 tainer, storage compartment, or other confined space 

10 or at a speed in excess of the rated capacity of the 

11 vessel), be imprisoned for not less than 5 years and 

12 not more than 20 years, fined not more than 

13 $100,000, or both; 

14 (4) in a case in which the violation caused seri15 ous bodily injury to any person, regardless of where 

16 the injury occurred, be imprisoned for not less than 

17 7 years and not more than 30 years, fined not more 

18 than $500,000, or both; 

19 (5) in a case in which the violation involved an 

20 alien who the offender knew or had reason to believe 

21 was an alien engaged in terrorist activity or intend22 ing to engage in terrorist activity, be imprisoned for 

23 not less than 10 years and not more than 30 years, 

24 fined not more than $500,000, or both; and 


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1 (6) in the case where the violation caused or re2 sulted in the death of any person regardless of where 

3 the death occurred, be punished by death or impris4 oned for not less than 10 years and up to a life sen5 tence, fined not more than $1,000,000, or both. 

6 SEC. 1205. SEIZURE OR FORFEITURE OF PROPERTY. 

7 (a) IN GENERAL.—Any conveyance (including any 

8 vessel, vehicle, or aircraft) that has been or is being used 

9 in the commission of any violation of this title), the gross 

10 proceeds of such violation, and any property traceable to 

11 such conveyance or proceeds shall be seized and subject to 

12 forfeiture in the same manner as property seized or forfeited 

13 under section 274 of the Immigration and Nationality Act 

14 (8 U.S.C. 1324). 

15 (b) PRIMA FACIE EVIDENCE OF VIOLATIONS OF THE

16 TITLE.—Practices commonly recognized as alien smuggling 

17 tactics may provide prima facie evidence of intent to use 

18 a vessel to commit, or to facilitate the commission of, a vio19 lation of this title and may support seizure and forfeiture 

20 of the vessel, even in the absence aboard the vessel of an 

21 alien in unlawful transit. The following indicia may be 

22 considered, in the totality of the circumstances, to be prima 

23 facie evidence that a vessel is intended to be used to commit, 

24 or to facilitate the commission of, a violation of this title: 


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1 (1) The construction or adaptation of the vessel 

2 in a manner that facilitates smuggling, including— 

3 (A) the configuration of the vessel to avoid 

4 being detected visually or by radar; 

5 (B) the presence of any compartment or 

6 equipment that is built or fitted out for smug7 gling (excluding items reasonably used for the 

8 storage of personal valuables); 

9 (C) the presence of an auxiliary fuel, oil, or 

10 water tank not installed in accordance with ap11 plicable law or installed in such a manner as to 

12 enhance the vessel’s smuggling capability; 

13 (D) the presence of engines, the power of 

14 which exceeds the design specifications or size of 

15 the vessel; 

16 (E) the presence of materials used to reduce 

17 or alter the heat or radar signature of the vessel 

18 or avoid detection; 

19 (F) the presence of a camouflaging paint 

20 scheme or materials used to camouflage the ves21 sel; and 

22 (G) the display of false vessel registration 

23 numbers, false indicia of vessel nationality, false 

24 vessel name, or false vessel homeport. 


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1 (2) The presence or absence of equipment, per2 sonnel, or cargo inconsistent with the type or declared 

3 purpose of the vessel. 

4 (3) The presence of fuel, lube oil, food, water, or 

5 spare parts inconsistent with legitimate operation of 

6 the vessel, the construction or equipment of the vessel, 

7 or the character of the vessel. 

8 (4) The operation of the vessel without lights 

9 during times lights are required to be displayed under 

10 applicable law or regulation or in a manner of navi11 gation. 

12 (5) The failure of the vessel to stop, respond, or 

13 heave to when hailed by an official of the Federal 

14 Government, including conducting evasive maneuvers. 

15 (6) The declaration to the Federal Government of 

16 apparently false information about the vessel, crew, or 

17 voyage or the failure to identify the vessel by name 

18 or country of registration when requested to do so by 

19 a Government official. 

20 (c) PRIMA FACIE EVIDENCE OF THE ABSENCE OF

21 LAWFUL AUTHORITY TO ENTER.—Notwithstanding any 

22 provision of the Federal Rules of Evidence, in determining 

23 whether a violation of this title has occurred, any of the 

24 following shall be prima facie evidence in an action for sei25 zure or forfeiture pursuant to this section that an alien inVerDate Aug 31 2005 23:47 May 04, 2007 Jkt 059200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 E:\BILLS\H1684.RH H1684

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1 volved in the alleged offense had not received prior official 

2 permission or legal authorization to come to, enter, or reside 

3 in the United States or that such alien had come to, entered, 

4 or remained in the United States in violation of law: 

5 (1) Any order, finding, or determination con6 cerning the alien’s status or lack thereof made by a 

7 Federal judge or administrative adjudicator (includ8 ing an immigration judge or an immigration officer) 

9 during any judicial or administrative proceeding au10 thorized under the immigration laws or regulations 

11 prescribed thereunder. 

12 (2) Official records of the Department of Home13 land Security, the Department of Justice, or the De14 partment of State concerning the alien’s status or 

15 lack thereof. 

16 (3) Testimony by an immigration officer having 

17 personal knowledge of the facts concerning the alien’s 

18 status or lack thereof. 


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Union Calendar No. 72 

110TH CONGRESS 

1ST SESSION H. R. 1684 

[Report No. 110

–122] 

A BILL 

To authorize appropriations for the Department of 

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

MAY 4, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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