I 
109TH CONGRESS 
2D SESSION 
H. R. 5813 
To amend the Homeland Security Act of 2002 to provide for improvements 
in the management and operations of the Department of Homeland 
Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2006 
Mr. ROGERS of Alabama (for himself and Mr. MEEK of Florida) introduced 
the following bill; which was referred to the Committee on Homeland Se-
curity, and in addition to the Committee on the Budget, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Homeland Security Act of 2002 to provide 
for improvements in the management and operations of 
the Department of Homeland Security, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This title may be cited as the ‘‘Department of Home-
land Security Management and Operations Improvement 
Act of 2006’’. 
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SEC. 2. COST-EFFECTIVE ENHANCEMENTS TO BORDER SE-
CURITY. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall take such steps as may be necessary to control 
the costs of hiring, training, and deploying new Border 
Patrol agents, including— 
(1) permitting individuals who are in training 
to become Border Patrol agents to waive certain 
course requirements of such training if such individ-
uals have earlier satisfied such requirements in a 
similar or comparable manner as determined by the 
Secretary; and 
(2) conducting a competitive sourcing study to 
compare the costs of training new Border Patrol 
agents at a non-profit or private training facility, in-
cluding the use of private training facilities to con-
duct portions of such training. 
(b) LIMITATION ON PER-AGENT COST OF TRAIN-
ING.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall take such steps as 
may be necessary to ensure that the fiscal year 2007 
per-agent cost of hiring, training, and deploying 
each new Border Patrol agent does not exceed 
$150,000. 
(2) EXCEPTION AND CERTIFICATION.— 
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(A) IN GENERAL.—If the Secretary deter-
mines that the per-agent cost referred to in 
paragraph (1) exceeds $150,000, the Secretary 
shall promptly submit to the Committee on 
Homeland Security of the House of Representa-
tives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a cer-
tification explaining why such per-agent cost ex-
ceeds such amount. 
(B) TEMPORARY SUSPENSION OF TRAIN-
ING.—Until the Secretary receives from the 
committees specified in subparagraph (A) an 
approval with respect to such increased per- 
agent cost, the Secretary shall suspend any new 
hiring, training, and deploying of Border Patrol 
agents. 
SEC. 3. CONGRESSIONAL NOTIFICATION REQUIREMENTS. 
(a) IN GENERAL.—Title I of the Homeland Security 
Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 104. CONGRESSIONAL NOTIFICATION. 
‘‘(a) IN GENERAL.—The Secretary shall actively con-
sult with the congressional homeland security committees, 
and shall keep such committees fully and currently in-
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formed with respect to all activities and responsibilities 
within the jurisdictions of these committees. 
‘‘(b) RELATIONSHIP TO OTHER LAW.—Nothing in 
this section affects the requirements of section 872. The 
requirements of this section supplement, and do not re-
place, the requirements of that section. 
‘‘(c) INSPECTOR GENERAL.—The Inspector General 
of the Department shall be responsible, independently of 
the responsibility of the Secretary under subsection (a), 
for keeping the congressional homeland security commit-
tees fully and currently informed of the Department’s ac-
tivities, including informing the congressional homeland 
security committees of major audits, investigations, or 
other activities of the Inspector General by no later than 
72 hours prior to the release of, or at any time upon the 
request by such a committee for, the findings of major 
audits, investigations, or other activities. Additionally, the 
Inspector General shall provide to such a committee a 
written notification and summary of the contents of its 
semiannual and annual reports by no later than 72 hours 
prior to the release of such reports. 
‘‘(d) CLASSIFIED
NOTIFICATION.—The Secretary 
may submit any information required by this section in 
classified form if the information is classified pursuant to 
applicable national security standards. 
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‘‘(e) SAVINGS CLAUSE.—This section shall not be 
construed to limit or otherwise affect the congressional no-
tification requirements of title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.), insofar as they apply 
to the Department. 
‘‘(f) DEFINITION.—As used in this section, the term 
‘congressional homeland security committees’ means the 
Committee on Homeland Security and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs and the Committee on Appropriations of the Sen-
ate.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in Section 1(a) of such Act is amended by inserting 
after the item relating to section 103 the following: 
‘‘Sec. 104. Congressional notification.’’. 
(c) COAST GUARD MISSION REVIEW REPORT.—Sec-
tion 888(f)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 468(f)(2)) is amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (E) in order as subparagraphs (C) through 
(F); and 
(2) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
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‘‘(B) the Committee on Homeland Security 
of the House of Representatives;’’. 
SEC. 4. ESTABLISHMENT OF DIRECTORATE FOR POLICY, 
PLANNING, AND INTERNATIONAL AFFAIRS. 
(a) ESTABLISHMENT OF DIRECTORATE.—The Home-
land Security Act of 2002 (6 U.S.C. 101 et seq.) is amend-
ed— 
(1) by redesignating title VI as title XVIII, and 
moving such title so as to appear after title XVII; 
(2) by striking the heading for such title and 
inserting the following: 
‘‘TITLE XVIII—MISCELLANEOUS 
PROVISIONS’’; 
(3) by redesignating section 601 as section 
1801; and 
(4) by inserting after title V the following new 
title: 
‘‘TITLE VI—POLICY, PLANNING, 
AND INTERNATIONAL AFFAIRS 
‘‘SEC. 601. DIRECTORATE FOR POLICY, PLANNING, AND 
INTERNATIONAL AFFAIRS. 
‘‘(a) ESTABLISHMENT.—There shall be in the De-
partment a Directorate for Policy, Planning, and Inter-
national Affairs. 
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‘‘(b) UNDER SECRETARY FOR POLICY.—The head of 
the Directorate shall be the Under Secretary for Policy, 
who shall be appointed by the President, by and with the 
consent of the Senate. 
‘‘(c) RESPONSIBILITIES OF UNDER SECRETARY.— 
‘‘(1) POLICY
RESPONSIBILITIES.—Subject to 
the direction and control of the Secretary, the policy 
responsibilities of the Under Secretary for Policy 
shall be as follows: 
‘‘(A) To serve as the principal policy advi-
sor to the Secretary. 
‘‘(B) To provide overall direction and su-
pervision of policy development for the pro-
grams, offices, and activities of the Depart-
ment. 
‘‘(C) To establish and implement a formal 
policymaking process for the Department. 
‘‘(D) To analyze, evaluate, and review the 
completed, ongoing, and proposed programs of 
the Department to ensure they are compatible 
with the statutory and regulatory responsibil-
ities of the Department and with the Sec-
retary’s priorities, strategic plans, and policies. 
‘‘(E) To ensure that the budget of the De-
partment (including the development of future 
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year budgets and interaction with the Office of 
Management and Budget and with Congress) is 
compatible with the statutory and regulatory re-
sponsibilities of the Department and with the 
Secretary’s priorities, strategic plans, and poli-
cies. 
‘‘(F) To represent the Department in any 
development of policy that requires the Depart-
ment to consult with another Federal agency, 
the Office of the President, a foreign govern-
ment, or any other governmental or private sec-
tor entity. 
‘‘(G) To supervise and oversee policy devel-
opment undertaken by the component agencies 
and offices of the Department. 
‘‘(2) 
STRATEGIC
PLANNING
RESPONSIBIL-
ITIES.—Subject to the direction and control of the 
Secretary, the strategic planning responsibilities of 
the Under Secretary for Policy shall be as follows: 
‘‘(A) To conduct long-range, strategic 
planning for the Department. 
‘‘(B) To prepare national and Department 
strategies, as appropriate. 
‘‘(C) To conduct net assessments of issues 
facing the Department. 
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‘‘(3) INTERNATIONAL RESPONSIBILITIES.—Sub-
ject to the direction and control of the Secretary, the 
international responsibilities of the Under Secretary 
for Policy shall be as follows: 
‘‘(A) To promote the exchange of informa-
tion and the sharing of best practices and tech-
nology relating to homeland security with na-
tions friendly to the United States, including— 
‘‘(i) the exchange of information on 
research and development on homeland se-
curity technologies; 
‘‘(ii) joint training exercises of first 
responders in coordination with the Assist-
ant Secretary for Grants and Training; 
and 
‘‘(iii) exchanging expertise and infor-
mation on terrorism prevention, response, 
and crisis management. 
‘‘(B) To identify any homeland security-re-
lated area in which the United States and other 
nations and appropriate international organiza-
tions could collaborate to improve capabilities 
and to encourage the exchange of information 
or sharing of best practices and technology re-
lating to that area. 
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‘‘(C) To plan and participate in inter-
national conferences, exchange programs (in-
cluding the exchange of scientists, engineers, 
and other experts), and other training activities 
with friendly nations 
‘‘(D) To manage international activities 
within the Department in coordination with 
other Federal officials with responsibility for 
counterterrorism matters. 
‘‘(E) To oversee the activities of Depart-
ment personnel operating in other countries or 
traveling to other countries, 
‘‘(F) To represent the Department in 
international negotiations, working groups, and 
standards-setting bodies. 
‘‘(4) PRIVATE SECTOR.— 
‘‘(A) To create and foster strategic com-
munications with the private sector to enhance 
the primary mission of the Department to pro-
tect the United States. 
‘‘(B) To advise the Secretary on the im-
pact on the private sector of the policies, regu-
lations, processes, and actions of the Depart-
ment. 
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‘‘(C) To coordinate with other relevant 
Federal agencies with missions related to home-
land security to assess the impact of the actions 
of such agencies on the private sector. 
‘‘(D) To create and manage private sector 
advisory councils composed of representatives of 
industries and associations designated by the 
Secretary— 
‘‘(i) to advise the Secretary on private 
sector products, applications, and solutions 
as they relate to homeland security chal-
lenges; and 
‘‘(ii) to advise the Secretary on home-
land security policies, regulations, proc-
esses, and actions that affect the partici-
pating industries and associations. 
‘‘(E) To promote existing public-private 
partnerships and develop new public-private 
partnerships to provide for collaboration and 
mutual support to address homeland security 
challenges. 
‘‘(F) To coordinate industry efforts, with 
respect to functions of the Department, to iden-
tify private sector resources and capabilities 
that could be effective in supplementing Fed-
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eral, State, and local government agency efforts 
to prevent or respond to acts of terrorism. 
‘‘(G) To coordinate among the Depart-
ment’s operating entities and with the Assistant 
Secretary for Trade Development of the De-
partment of Commerce on issues related to the 
travel and tourism industries. 
‘‘SEC. 602. OFFICE OF INTERNATIONAL AFFAIRS. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Directorate of Policy, Planning, and International Af-
fairs an Office of International Affairs. The Office shall 
be headed by an Assistant Secretary, who shall be ap-
pointed by the Secretary. 
‘‘(b) DUTIES OF THE ASSISTANT SECRETARY.—The 
Assistant Secretary shall have the following duties: 
‘‘(1) To promote information and education ex-
change with nations friendly to the United States in 
order to promote sharing of best practices and tech-
nologies relating to homeland security. Such ex-
change shall include the following: 
‘‘(A) Exchange of information on research 
and development on homeland security tech-
nologies. 
‘‘(B) Joint training exercises of first re-
sponders. 
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‘‘(C) Exchange of expertise on terrorism 
prevention, response, and crisis management. 
‘‘(2) To identify areas for homeland security in-
formation and training exchange where the United 
States has a demonstrated weakness and another 
friendly nation or nations have a demonstrated ex-
pertise. 
‘‘(3) To plan and undertake international con-
ferences, exchange programs, and training activities. 
‘‘(4) To manage international activities within 
the Department in coordination with other Federal 
officials with responsibility for counter-terrorism 
matters. 
‘‘SEC. 603. OTHER OFFICES AND OFFICIALS. 
‘‘The Under Secretary for Policy shall establish the 
following offices in the Directorate for Policy, Planning, 
and International Affairs: 
‘‘(1) The Office of Policy, which shall— 
‘‘(A) be administered by an Assistant Sec-
retary for Policy; and 
‘‘(B) shall consist of— 
‘‘(i) an Office of Strategic Plans; 
‘‘(ii) a Secure Border Initiative Pro-
gram Office; 
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‘‘(iii) a Screening Coordination and 
Operations Office; and 
‘‘(iv) such other offices as are consid-
ered appropriate by the Secretary. 
‘‘(2) The Office of the Private Sector. 
‘‘(3) The Victim Assistance Officer. 
‘‘(4) The Tribal Security Officer. 
‘‘(5) Such other offices as considered necessary 
by the Under Secretary for Policy.’’. 
(b) CONFORMING AMENDMENTS.—Section 879 of the 
Homeland Security Act of 2002 (6 U.S.C. 459) is re-
pealed. 
(c) CLERICAL AMENDMENTS.—The table of contents 
in section 1(a) of such Act is amended— 
(1) by striking the item relating to section 879; 
(2) by striking the items relating to title VI and 
inserting the following: 
‘‘TITLE VI—POLICY, PLANNING, AND INTERNATIONAL AFFAIRS 
‘‘Sec. 601. Directorate for Policy, Planning, and International Affairs. 
‘‘Sec. 602. Office of International Affairs. 
‘‘Sec. 603. Other offices and officials.’’; 
and 
(3) by inserting after the items relating to title 
XVII the following: 
‘‘TITLE XVIII—MISCELLANEOUS PROVISIONS 
‘‘Sec. 1801. Treatment of charitable trusts for members of the armed forces of 
the United States and other governmental organizations.’’. 
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SEC. 5. STRENGTHENING LINES OF AUTHORITY FOR MAN-
AGEMENT DIRECTORATE OPERATING OFFI-
CERS. 
Section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341) is amended— 
(1) in subsection (a) by redesignating para-
graph (11) as paragraph (12), and by inserting after 
paragraph (10) the following: 
‘‘(11) The integration and consolidation of the 
Department’s business and other management sys-
tems, including— 
‘‘(A) financial management and accounting 
systems; 
‘‘(B) procurement systems; 
‘‘(C) information technology; and 
‘‘(D) human resources programs and train-
ing systems.’’; and 
(2) by adding at the end the following: 
‘‘(c) AUTHORITY OF CHIEF OPERATING OFFICERS 
OVER DEPARTMENTAL COUNTERPARTS.— 
‘‘(1) IN GENERAL.—The Under Secretary for 
Management shall ensure that chief operating offi-
cers of the Department, including the Chief Finan-
cial Officer, the Chief Procurement Officer, the 
Chief Information Officer, and the Chief Human 
Capital Officer, have adequate authority over their 
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respective counterparts in component agencies of the 
Department to ensure that such component agencies 
adhere to the laws, rules, regulations, and depart-
mental policies which the chief operating officers are 
responsible for implementing. 
‘‘(2) INCLUDED AUTHORITIES.—The authorities 
of a chief operating officer pursuant to paragraph 
(1) shall include, with respect to the officer’s coun-
terparts in component agencies of the Department, 
the following: 
‘‘(A) Making recommendations regarding 
the hiring and termination of individuals. 
‘‘(B) Developing performance measures. 
‘‘(C) Submitting written performance eval-
uations during the performance evaluation proc-
ess that shall be considered in performance re-
views, including recommendations for bonuses, 
pay raises, and promotions. 
‘‘(D) Withholding funds from the relevant 
component agency that would otherwise be 
available for a particular purpose until the rel-
evant component agency complies with the di-
rections of the chief operating officer or makes 
substantial progress towards meeting the speci-
fied goal.’’. 
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SEC. 6. HOMELAND SECURITY SMALL BUSINESS DATABASE. 
(a) ESTABLISHMENT AND CONSULTATION.—Title V 
of the Homeland Security Act of 2002 (6 U.S.C. 311 et 
seq.) is amended— 
(1) by redesignating the second section 510 as 
section 511; and 
(2) by adding at the end the following: 
‘‘SEC. 512. SMALL BUSINESS DATABASE FOR FEDERAL CON-
TRACTING RELATED TO MAJOR DISASTERS 
AND EMERGENCY ASSISTANCE ACTIVITIES: 
ESTABLISHMENT AND CONSULTATION. 
‘‘(a) ESTABLISHMENT
OF DATABASE.—The Sec-
retary shall establish and maintain a database of small 
business concerns. 
‘‘(b) INCLUDED INFORMATION.—The database under 
subsection (a) shall include the following information 
about each small business concern: 
‘‘(1) The name of the small business concern. 
‘‘(2) The location of the small business concern. 
‘‘(3) The area served by the small business con-
cern. 
‘‘(4) The type of good or service provided by 
the small business concern. 
‘‘(5) Whether the small business concern is— 
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‘‘(A) a small business concern owned and 
controlled by socially and economically dis-
advantaged individuals; 
‘‘(B) a small business concern owned and 
controlled by women; or 
‘‘(C) a small business concern owned and 
controlled by service-disabled veterans. 
‘‘(c) SOURCE OF INFORMATION.— 
‘‘(1) SUBMISSION.—Information maintained in 
the database shall be submitted on a voluntary basis 
by small business concerns. 
‘‘(2) ATTESTATION.—Each small business con-
cern submitting information to the database shall 
submit— 
‘‘(A) an attestation that the information 
submitted is true; and 
‘‘(B) documentation supporting such attes-
tation. 
‘‘(3) VERIFICATION.—The Secretary shall verify 
only that the documentation submitted by each small 
business concern supports the information submitted 
by that small business concern. 
‘‘(4) ENFORCEMENT
PENALTIES
FOR
MIS-
REPRESENTATION.—Any concern that is determined 
by the Secretary to have misrepresented the status 
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