the Federal Government and throughout the 
Nation. 
‘‘(B) Consult and coordinate with the 
Under Secretary for Science and Technology on 
cybersecurity research and development to 
strengthen critical information infrastructure 
against acts of terrorism and other large-scale 
disruptions. 
‘‘(d) DEFINITION.—In this section the term ‘critical 
information infrastructure’ means systems and assets, 
whether physical or virtual, used in processing, transfer-
ring, and storing information so vital to the United States 
that the incapacity or destruction of such systems and as-
sets would have a debilitating impact on security, national 
economic security, national public health or safety, or any 
combination of those matters.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting at the 
end of the items relating to subtitle C of title II the fol-
lowing: 
‘‘Sec. 226. Office of Cybersecurity and Telecommunications.’’. 
SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Under Secretary for Science 
and Technology shall support research, development, test-
ing, evaluation, and transition of cybersecurity technology 
including 
fundamental, 
long-term 
research 
in 
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cybersecurity, to improve the ability of the United States 
to prevent, protect against, detect, respond to, and recover 
from cyber attacks, with emphasis on research and devel-
opment relevant to large-scale, high-impact attacks. 
(b) ACTIVITIES.—The research and development sup-
ported under subsection (a) shall include work to— 
(1) advance the development and accelerate the 
deployment of more secure versions of fundamental 
Internet protocols and architectures, including for 
the domain name system and routing protocols; 
(2) improve and create technologies for detect-
ing attacks or intrusions, including monitoring tech-
nologies; 
(3) improve and create mitigation and recovery 
methodologies, including techniques for containment 
of attacks and development of resilient networks and 
systems that degrade gracefully; 
(4) develop and support infrastructure and tools 
to support cybersecurity research and development 
efforts, including modeling, testbeds, and data sets 
for assessment of new cybersecurity technologies; 
(5) assist the development and support of tech-
nologies to reduce vulnerabilities in process control 
systems (PCS); and 
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(6) test, evaluate, and facilitate the transfer of 
technologies associated with the engineering of less 
vulnerable software and securing the IT software de-
velopment lifecycle. 
(c) COORDINATION.—In carrying out this section, the 
Under Secretary for Science and Technology shall coordi-
nate activities with— 
(1) the Assistant Secretary for Cybersecurity 
and Telecommunications; and 
(2) other Federal agencies, including the Na-
tional Science Foundation, the Defense Advanced 
Research Projects Agency, the Information Assur-
ance Directorate of the National Security Agency, 
the National Institute of Standards and Technology, 
and other appropriate working groups established by 
the President to identify unmet needs and coopera-
tively support activities, as appropriate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized by section 101, there are authorized 
to be appropriated for the Department of Homeland Secu-
rity for fiscal year 2008, $50,000,000, for the 
cybersecurity research and development activities of the 
Directorate for Science and Technology to prevent, detect, 
and respond to acts of terrorism and other large-scale dis-
ruptions to information infrastructure. 
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TITLE VIII—SCIENCE AND 
TECHNOLOGY IMPROVEMENTS 
SEC. 801. REPORT TO CONGRESS ON STRATEGIC PLAN. 
Not later than 120 days after the date of enactment 
of this Act, the Under Secretary for Science and Tech-
nology shall transmit to Congress the strategic plan de-
scribed in section 302(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 182(2)). In addition to the require-
ments described in that section 302(2), the strategic plan 
transmitted under this section shall include— 
(1) a strategy to enhance the Directorate for 
Science and Technology workforce, including edu-
cation and training programs, improving morale, 
minimizing turnover, strengthening workforce re-
cruitment, and securing institutional memory; 
(2) the Department policy describing the proce-
dures by which the Directorate for Science and 
Technology hires and administers assignments to in-
dividuals assigned to the Department as detailees 
under an arrangement described in subchapter VI of 
chapter 33 of title 5, United States Code; 
(3) the Department policy governing the re-
sponsibilities of the Under Secretary for Science and 
Technology, the Assistant Secretary for Policy, and 
the Under Secretary for Management, and the oper-
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ational components of the Department regarding re-
search, development, testing, evaluation, and pro-
curement of homeland security technologies; 
(4) a description of the methodology by which 
research, development, testing, and evaluation is 
prioritized and funded by the Directorate for Science 
and Technology; 
(5) a description of the performance measure-
ments to be used or a plan to develop performance 
measurements that can be used to annually evaluate 
the Directorate for Science and Technology’s activi-
ties, mission performance, and stewardship of re-
sources; 
(6) a plan for domestic and international co-
ordination of all related programs and activities 
within the Department and throughout Federal 
agencies, State, local, and tribal governments, the 
emergency responder community, industry, and aca-
demia; 
(7) a plan for leveraging the expertise of the 
National Laboratories and the process for allocating 
funding to the National Laboratories; and 
(8) a strategy for the Homeland Security Ad-
vanced Research Projects Agency that includes— 
(A) a mission statement; 
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(B) a description of the Department’s high 
risk and high payoff research, development, 
test, and evaluation strategy; and 
(C) internal policies designed to encourage 
innovative solutions. 
SEC. 802. CENTERS OF EXCELLENCE PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized by section 101, there is authorized to 
be appropriated to the Secretary of Homeland Security for 
carrying out the Centers of Excellence Program 
$31,000,000 for fiscal year 2008 such that each center 
that received funding in fiscal year 2007 shall receive, at 
a minimum, the same amount it received in fiscal year 
2007. 
(b) MINORITY SERVING INSTITUTIONS PROGRAM.— 
Of the amount authorized by section 101, there is author-
ized to be appropriated to the Secretary of Homeland Se-
curity for carrying out the Minority Serving Institutions 
Program $8,000,000 for fiscal year 2008. 
(c) CENTERS OF EXCELLENCE PROGRAM PARTICIPA-
TION.— 
(1) REQUIREMENT.—If, by the date of the en-
actment of this Act, the Secretary of Homeland Se-
curity has not selected a Minority Serving Institu-
tion to participate as a Center of Excellence under 
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the Department of Homeland Security Centers of 
Excellence Program, at least one of the next four 
Centers of Excellence selected after the date of en-
actment of this Act shall be an otherwise eligible ap-
plicant that is a Minority Serving Institution. 
(2) MINORITY
SERVING
INSTITUTION
DE-
FINED.—In this subsection the term ‘‘Minority Serv-
ing Institution’’ means— 
(A) an historically black college or univer-
sity that receives assistance under part B of 
title III of the Higher Education Act of 1965 
(20 U.S.C. 106 et seq); 
(B) an hispanic-serving institution (as that 
term is defined in section 502 of the Higher 
Education Act of 1965 (20 U.S.C. 1101a); or 
(C) a tribally controlled college or univer-
sity (as that term is defined in section 2 of the 
Tribally Controlled College or University Assist-
ance Act of 1978 (25 U.S.C. 1801). 
SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNI-
VERSITY PROGRAMS. 
(a) STUDY.—Not later than 3 months after the date 
of enactment of this Act, the Under Secretary for Science 
and Technology of the Department of Homeland Security 
shall seek to enter into an arrangement with the National 
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Research Council of the National Academy of Sciences to 
conduct a study to assess the University Programs of the 
Department, with an emphasis on the Centers of Excel-
lence Program and the future plans for these programs, 
and make recommendations for appropriate improve-
ments. 
(b) SUBJECTS.—The study shall include— 
(1) a review of key areas of study needed to 
support the homeland security mission, and criteria 
that should be utilized to determine those key areas 
for which the Department should maintain or estab-
lish Centers of Excellence; 
(2) a review of selection criteria and weighting 
of such criteria for Centers of Excellence; 
(3) an examination of the optimal role of Cen-
ters of Excellence in supporting the mission of the 
Directorate of Science and Technology and the most 
advantageous relationship between the Centers of 
Excellence and the Directorate and the Department 
components the Directorate serves; 
(4) an examination of the length of time the 
Centers of Excellence should be awarded funding 
and the frequency of the review cycle in order to 
maintain such funding, particularly given their focus 
on basic, long term research; 
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(5) identification of the most appropriate review 
criteria and metrics to measure demonstrable 
progress, and mechanisms for delivering and dis-
seminating the research results of established Cen-
ters of Excellence within the Department, and to 
other Federal, State, and local agencies; 
(6) an examination of the means by which aca-
demic institutions that are not designated or associ-
ated with Centers of Excellence can optimally con-
tribute to the research mission of the Directorate; 
(7) an assessment of the interrelationship be-
tween the different University Programs; and 
(8) a review of any other essential elements of 
the University Programs to be determined in the 
conduct of the study. 
(c) REPORT.—The Under Secretary for Science and 
Technology shall transmit a report containing the results 
of the study and recommendations required by subsection 
(a) and the Under Secretary’s response to the rec-
ommendations, to the appropriate Congressional commit-
tees not later than 24 months after the date of enactment 
of this Act 
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized in section 101, there is authorized to 
be appropriated to carry out this section $500,000. 
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SEC. 
804. 
STREAMLINING 
OF 
SAFETY 
ACT 
AND 
ANTITERRORISM 
TECHNOLOGY 
PROCURE-
MENT PROCESSES. 
(a) PERSONNEL.—The Secretary of Homeland Secu-
rity shall ensure that, in addition to any personnel en-
gaged in technical evaluations that may be appropriate, 
a sufficient number of full-time equivalent personnel, who 
are properly trained and qualified to apply legal, economic, 
and risk analyses, are involved in the review and 
prioritization of antiterrorism technologies for the purpose 
of determining whether such technologies may be des-
ignated by the Secretary as qualified antiterrorism tech-
nologies under section 862(b) of the SAFETY Act (6 
U.S.C. 441(b)) or certified by the Secretary under section 
863(d) of such Act (6 U.S.C. 442(d)). 
(b) COORDINATION WITHIN DEPARTMENT OF HOME-
LAND SECURITY.—The Secretary of Homeland Security 
shall— 
(1) establish a formal coordination process that 
includes the official of the Department of Homeland 
Security with primary responsibility for the imple-
mentation of the SAFETY Act, the Chief Procure-
ment Officer of the Department, the Under Sec-
retary for Science and Technology, the Under Sec-
retary for Policy, and the Department of Homeland 
Security General Counsel to ensure the maximum 
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application of the litigation and risk management 
provisions of the SAFETY Act to antiterrorism 
technologies procured by the Department; and 
(2) promote awareness and utilization of the 
litigation and risk management provisions of the 
SAFETY Act in the procurement of antiterrorism 
technologies. 
(c) ISSUANCE OF DEPARTMENTAL DIRECTIVE.—The 
Secretary of Homeland Security shall, in accordance with 
the final rule implementing the SAFETY Act, issue a De-
partmental management directive providing for coordina-
tion between Department procurement officials and any 
other Department official responsible for implementing 
the SAFETY Act in advance of any Department procure-
ment of an antiterrorism technology, as required under 
subsection (b). 
SEC. 805. PROMOTING ANTITERRORISM THROUGH INTER-
NATIONAL COOPERATION ACT. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 is amended by inserting after section 313 (6 U.S.C. 
193) the following: 
‘‘SEC. 314. PROMOTING ANTITERRORISM THROUGH INTER-
NATIONAL COOPERATION PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
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‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director selected under subsection (b)(2). 
‘‘(2) INTERNATIONAL
COOPERATIVE
ACTIV-
ITY.—The term ‘international cooperative activity’ 
includes— 
‘‘(A) coordinated research projects, joint 
research projects, or joint ventures; 
‘‘(B) joint studies or technical demonstra-
tions; 
‘‘(C) coordinated field exercises, scientific 
seminars, conferences, symposia, and work-
shops; 
‘‘(D) training of scientists and engineers; 
‘‘(E) visits and exchanges of scientists, en-
gineers, or other appropriate personnel; 
‘‘(F) exchanges or sharing of scientific and 
technological information; and 
‘‘(G) joint use of laboratory facilities and 
equipment. 
‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU-
RITY
INTERNATIONAL
COOPERATIVE
PROGRAMS
OF-
FICE.— 
‘‘(1) ESTABLISHMENT.—The Under Secretary 
shall establish the Science and Technology Home-
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land Security International Cooperative Programs 
Office. 
‘‘(2) DIRECTOR.—The Office shall be headed by 
a Director, who— 
‘‘(A) shall be selected by and shall report 
to the Under Secretary; and 
‘‘(B) may be an officer of the Department 
serving in another position. 
‘‘(3) RESPONSIBILITIES.— 
‘‘(A) DEVELOPMENT
OF
MECHANISMS.— 
The Director shall be responsible for devel-
oping, in consultation with the Department of 
State, understandings or agreements that allow 
and support international cooperative activity in 
support of homeland security research, develop-
ment, and comparative testing. 
‘‘(B) PRIORITIES.—The Director shall be 
responsible for developing, in coordination with 
the Directorate of Science and Technology, the 
other components of the Department of Home-
land Security, and other Federal agencies, stra-
tegic priorities for international cooperative ac-
tivity in support of homeland security research, 
development, and comparative testing. 
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‘‘(C) ACTIVITIES.—The Director shall fa-
cilitate the planning, development, and imple-
mentation of international cooperative activity 
to address the strategic priorities developed 
under subparagraph (B) through mechanisms 
the Under Secretary considers appropriate, in-
cluding grants, cooperative agreements, or con-
tracts to or with foreign public or private enti-
ties, governmental organizations, businesses, 
federally funded research and development cen-
ters, and universities. 
‘‘(D) IDENTIFICATION
OF
PARTNERS.— 
The Director shall facilitate the matching of 
United States entities engaged in homeland se-
curity research with non-United States entities 
engaged in homeland security research so that 
they may partner in homeland security research 
activities. 
‘‘(4) COORDINATION.—The Director shall en-
sure that the activities under this subsection are co-
ordinated with those of other relevant research agen-
cies, and may run projects jointly with other agen-
cies. 
‘‘(5) CONFERENCES
AND
WORKSHOPS.—The 
Director may hold international homeland security 
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technology workshops and conferences to improve 
contact among the international community of tech-
nology developers and to help establish direction for 
future technology goals. 
‘‘(c) INTERNATIONAL COOPERATIVE ACTIVITIES.— 
‘‘(1) AUTHORIZATION.—The Under Secretary is 
authorized to carry out international cooperative ac-
tivities to support the responsibilities specified under 
section 302. 
‘‘(2) MECHANISMS AND EQUITABILITY.—In car-
rying out this section, the Under Secretary may 
award grants to and enter into cooperative agree-
ments or contracts with United States governmental 
organizations, businesses (including small businesses 
and small and disadvantaged businesses), federally 
funded research and development centers, institu-
tions of higher education, and foreign public or pri-
vate entities. The Under Secretary shall ensure that 
funding and resources expended in international co-
operative activities will be equitably matched by the 
foreign partner organization through direct funding 
or funding of complementary activities, or through 
provision of staff, facilities, materials, or equipment. 
‘‘(3) LOANS OF EQUIPMENT.—The Under Sec-
retary may make or accept loans of equipment for 
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research and development and comparative testing 
purposes. 
‘‘(4) COOPERATION.—The Under Secretary is 
authorized to conduct international cooperative ac-
tivities jointly with other agencies. 
‘‘(5) FOREIGN
PARTNERS.—Partners may in-
clude Israel, the United Kingdom, Canada, Aus-
tralia, Singapore, and other allies in the global war 
on terrorism, as appropriate. 
‘‘(6) EXOTIC DISEASES.—As part of the inter-
national cooperative activities authorized in this sec-
tion, the Under Secretary, in coordination with the 
Chief Medical Officer, may facilitate the develop-
ment of information sharing and other types of co-
operative mechanisms with foreign countries, includ-
ing nations in Africa, to strengthen American pre-
paredness against threats to the Nation’s agricul-
tural and public health sectors from exotic diseases. 
‘‘(d) BUDGET ALLOCATION.—There are authorized 
to be appropriated to the Secretary, to be derived from 
amounts otherwise authorized for the Directorate of 
Science and Technology, $25,000,000 for each of the fis-
cal years 2008 through 2011 for activities under this sec-
tion. 
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‘‘(e) FOREIGN REIMBURSEMENTS.—Whenever the 
Science and Technology Homeland Security International 
Cooperative Programs Office participates in an inter-
national cooperative activity with a foreign country on a 
cost-sharing basis, any reimbursements or contributions 
received from that foreign country to meet its share of 
the project may be credited to appropriate current appro-
priations accounts of the Directorate of Science and Tech-
nology. 
‘‘(f) REPORT TO CONGRESS ON INTERNATIONAL CO-
OPERATIVE ACTIVITIES.— 
‘‘(1) INITIAL
REPORT.—Not later than 180 
days after the date of enactment of this section, the 
Under Secretary, acting through the Director, shall 
transmit to the Congress a report containing— 
‘‘(A) a brief description of each partner-
ship formed under subsection (b)(4), including 
the participants, goals, and amount and sources 
of funding; and 
‘‘(B) a list of international cooperative ac-
tivities underway, including the participants, 
goals, expected duration, and amount and 
sources of funding, including resources provided 
to support the activities in lieu of direct fund-
ing. 
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100 
‘‘(2) UPDATES.—At the end of the fiscal year 
that occurs 5 years after the transmittal of the re-
port under subsection (a), and every 5 years there-
after, the Under Secretary, acting through the Di-
rector, shall transmit to the Congress an update of 
the report required under subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Homeland Security Act of 2002 is amended by 
adding after the item relating to section 313 the following 
new item: 
‘‘Sec. 314. Promoting antiterrorism through international cooperation pro-
gram.’’. 
TITLE IX—BORDER SECURITY 
IMPROVEMENTS 
SEC. 901. US–VISIT. 
(a) IN GENERAL.—Not later than 7 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall submit to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate, the comprehensive strategy required by sec-
tion 7208 of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 for the biometric entry and exit data 
system (commonly referred to as the United States Visitor 
and Immigrant Status Indicator Technology program or 
US–VISIT) established under the section and other laws 
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101 
described in subsection (b) of such section. The com-
prehensive strategy shall include an action plan for full 
implementation of the biometric exit component of US– 
VISIT, as required under subsection (c) of section 7208 
of such Act. 
(b) CONTENTS.—The comprehensive strategy and ac-
tion plan referred to in subsection (a) shall, at a minimum, 
include the following: 
(1) An explanation of how US–VISIT will allow 
law enforcement officials to identify individuals who 
overstay their visas. 
(2) A description of biometric pilot projects, in-
cluding the schedule for testing, locations, cost esti-
mates, resources needed, and performance measures. 
(3) An implementation schedule for deploying 
future biometric exit capabilities at all air, land, and 
sea ports of entry. 
(4) The actions the Secretary plans to take to 
accelerate the full implementation of the biometric 
exit component of US–VISIT at all air, land, and 
sea ports of entry. 
(c) AIRPORT
AND SEAPORT EXIT IMPLEMENTA-
TION.—Not later than December 31, 2008, the Secretary 
of Homeland Security shall complete the exit portion of 
the biometric entry and exit data system referred to in 
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102 
subsection (a) for aliens arriving in or departing from the 
United States at an airport or seaport. 
SEC. 902. SHADOW WOLVES PROGRAM. 
Of the about authorized by section 101, there is au-
thorized to be appropriated $4,100,000 for fiscal year 
2008 for the Shadow Wolves program. 
SEC. 903. COST-EFFECTIVE TRAINING FOR BORDER PA-
TROL AGENTS. 
(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) directing the Office of Inspector General to 
conduct a review of the costs and feasibility of train-
ing new Border Patrol agents at Federal training 
centers, including the Federal Law Enforcement 
Training Center facility in Charleston, South Caro-
lina, and the HAMMER facility in Hanford, Wash-
ington, and at training facilities operated by State 
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103 
and local law enforcement academies, non-profit en-
tities, and private entities, including institutions in 
the southwest border region, as well as the use of all 
of the above to conduct portions of such training. 
(b) LIMITATION ON PER-AGENT COST OF 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 2008 
per-agent cost of hiring, training, and deploying 
each new Border Patrol agent does not exceed 
$150,000. 
(2) EXCEPTION AND CERTIFICATION.— 
(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 
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104 
approval with respect to such increased per- 
agent cost, the Secretary shall suspend any new 
hiring, training, and deploying of Border Patrol 
agents. 
SEC. 904. COMPREHENSIVE STRATEGY FOR FULL IMPLE-
MENTATION OF US-VISIT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate the comprehensive strategy required by subsection (c) 
of section 7208 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108–458) for the bio-
metric entry and exit data system (commonly referred to 
as the United States Visitor and Immigrant Status Indi-
cator Technology program or US–VISIT) required under 
such section and applicable sections of the Acts specified 
in subsection (b) of such section. The comprehensive strat-
egy shall include an action plan for full implementation 
of the biometric exit component of US–VISIT, as required 
under subsection (d) of such section. 
(b) CONTENTS.—The comprehensive strategy and ac-
tion plan referred to in subsection (a) of this section shall, 
at a minimum, include the following: 
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105 
(1) An explanation of how US–VISIT will allow 
law enforcement officials to identify individuals who 
overstay their visas. 
(2) A description of biometric pilot projects, in-
cluding testing schedules, locations, cost estimates, 
resources needed, and performance measures. 
(3) An implementation schedule for deploying 
future biometric exit capabilities at all air, land, and 
sea ports of entry. 
(4) The actions the Secretary plans to take to 
accelerate the full implementation of the biometric 
exit component of US–VISIT at all air, land, and 
sea ports of entry. 
(c) AIRPORT
AND SEAPORT EXIT IMPLEMENTA-
TION.—Not later than December 31, 2008, the Secretary 
shall complete the implementation of US–VISIT for aliens 
arriving in or departing from the United States at an air-
port or seaport. 
SEC. 905. ASSESSMENT OF RESOURCES NECESSARY TO RE-
DUCE CROSSING TIMES AT LAND PORTS OF 
ENTRY. 
The Secretary of Homeland Security shall, not later 
than 180 days after the date of the enactment of this Act, 
conduct an assessment, and submit a report to the Con-
gress, on the personnel, infrastructure, and technology re-
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106 
quired to reduce border crossing wait times for pedestrian, 
commercial, and non-commercial vehicular traffic at land 
ports of entry into the United States to wait times com-
parable to prior to September 11, 2001, while ensuring 
appropriate security checks continue to be conducted. 
TITLE X—INFORMATION 
SHARING IMPROVEMENTS 
SEC. 1001. STATE AND LOCAL FUSION CENTER PROGRAM. 
(a) IN GENERAL.—Subtitle I of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 481 et seq.) 
is amended by striking sections 895 through 899 and in-
serting the following: 
‘‘SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish within the Department a State and Local Fusion Cen-
ter Program. The program shall be overseen by the compo-
nent charged with overseeing information sharing of 
homeland security information with State, local and tribal 
law enforcement. The purpose of the State and Local Fu-
sion Center Program is to facilitate information sharing 
between the Department and local law enforcement. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary such 
sums as are necessary for the Secretary to carry out the 
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107 
purpose of the State and Local Fusion Center Program, 
including for— 
‘‘(1) deploying Department personnel with intel-
ligence and operational skills to State and local fu-
sion centers participating in the Program; 
‘‘(2) hiring and maintaining individuals with 
substantial law enforcement experience who have re-
tired from public service and deploying such individ-
uals to State and local fusion centers participating 
in the Program (with the consent of such centers); 
and 
‘‘(3) maintaining an adequate number of staff 
at the headquarters of the Department to sustain 
and manage the portion of the Program carried out 
at the headquarters and to otherwise fill positions 
vacated by Department staff deployed to State and 
local fusion centers participating in the Program.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by striking the 
items relating to sections 895 through 899 and inserting 
the following: 
‘‘Sec. 895. State and Local Fusion Center Program.’’. 
(c) PRIOR AMENDMENTS NOT AFFECTED.—This sec-
tion shall not be construed to affect the application of sec-
tions 895 through 899 of the Homeland Security Act of 
2002 (including provisions enacted by the amendments 
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108 
made by those sections), as in effect before the effective 
date of this section. 
SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 
TRAINING PROGRAM. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend-
ed by adding at the end the following new section: 
‘‘SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES 
TRAINING PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary, through the 
Assistant Secretary for Information Analysis, the Privacy 
Officer, and the Officer for Civil Rights and Civil Lib-
erties, shall establish a program within the Office of Civil 
Rights and Civil Liberties to provide privacy, civil liberties, 
and civil rights protection training for appropriate Depart-
ment employees and State, local, tribal employees serving 
in State and local fusion centers participating in the Pro-
gram. 
‘‘(b) MANDATORY TRAINING.— 
‘‘(1) DEPARTMENT
EMPLOYEES.—The Sec-
retary shall require each employee of the Depart-
ment who is embedded at a State or local fusion cen-
ter and has access to United States citizens and 
legal permanent residents personally identifiable in-
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109 
formation to successfully complete training under 
the program established under subsection (a). 
‘‘(2) FUSION CENTER REPRESENTATIVES.—As 
a condition of receiving a grant from the Depart-
ment, a fusion center shall require each State, local, 
tribal, or private sector representative of the fusion 
center to successfully complete training under the 
program established under subsection (a). 
‘‘(c) CONTENTS OF TRAINING.—Training provided 
under the program established under subsection (a) shall 
include Federal training in each of the following: 
‘‘(1) Privacy, civil liberties, and civil rights poli-
cies, procedures, and protocols that can provide or 
control access to information at a State or local fu-
sion center. 
‘‘(2) Privacy awareness training based on sec-
tion 552a of title 5, United States Code, popularly 
known as the Privacy Act of 1974. 
‘‘(3) The handling of personally identifiable in-
formation in a responsible and appropriate manner. 
‘‘(4) Appropriate procedures for the destruction 
of information that is no longer needed. 
‘‘(5) The consequences of failing to provide ade-
quate privacy and civil liberties protections. 
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110 
‘‘(6) Compliance with Federal regulations set-
ting standards for multijurisdictional criminal intel-
ligence systems, including 28 CFR 23 (as in effect 
on the date of the enactment of this section). 
‘‘(7) The use of immutable auditing mecha-
nisms designed to track access to information at a 
State or local fusion center. 
‘‘(d) CERTIFICATION OF TRAINING.—The Secretary, 
acting through the head of the Office of Civil Rights and 
Civil Liberties, shall issue a certificate to each person who 
completes the training under this section and performs 
successfully in a written examination administered by the 
Office of Civil Rights and Civil Liberties. A copy of each 
such certificate issued to an individual working at a par-
ticipating fusion center shall be kept on file at that fusion 
center. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to the amounts authorized by section 101, there are 
authorized to be appropriate to carry out this section— 
‘‘(1) $3,000,000 for each of fiscal years 2008 
through 2013; and 
‘‘(2) such sums as may be necessary for each 
subsequent fiscal year.’’. 
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111 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to such subtitle the following: 
‘‘Sec. 203. Fusion center privacy and civil liberties training program.’’. 
SEC. 1003. AUTHORITY TO APPOINT AND MAINTAIN A 
CADRE OF FEDERAL ANNUITANTS FOR THE 
FUSION CENTER PROGRAM. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘fusion center program’’ means 
the State and local fusion center program; 
(2) the term ‘‘annuitant’’ means an annuitant 
under a Government retirement system; 
(3) the term ‘‘Government retirement system’’ 
has the meaning given such term by section 501(a); 
and 
(4) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code. 
(b) APPOINTMENT AUTHORITY.—The Secretary (act-
ing through the Chief Intelligence Officer) may, for the 
purpose of facilitating information sharing between the 
Department and State, local, and tribal law enforcement 
agencies in order to prevent, detect, and respond to ter-
rorism, appoint annuitants to positions in the fusion cen-
ter program in accordance with succeeding provisions of 
this section. 
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112 
(c) NONCOMPETITIVE
PROCEDURES; EXEMPTION 
FROM OFFSET.—An appointment made under subsection 
(b) shall not be subject to the provisions of title 5, United 
States Code, governing appointments in the competitive 
service, and any annuitant serving pursuant to such an 
appointment shall be exempt from sections 8344 and 8468 
of such title 5 (relating to annuities and pay on reemploy-
ment) and any other similar provision of law under a Gov-
ernment retirement system. 
(d) LIMITATIONS.—No appointment under subsection 
(b) may be made if such appointment would result in the 
displacement of any employee or would cause the total 
number of positions filled by annuitants appointed under 
such subsection to exceed 50 as of any time (determined 
on a full-time equivalent basis). 
(e) RULE OF CONSTRUCTION.—An annuitant as to 
whom an exemption under subsection (c) is in effect shall 
not be considered an employee for purposes of any Govern-
ment retirement system. 
(f) TERMINATION.—Upon the expiration of the 5- 
year period beginning on the date of the enactment of this 
Act— 
(1) any authority to make appointments under 
subsection (b) shall cease to be available; and 
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113 
(2) all exemptions under subsection (c) shall 
cease to be effective. 
TITLE XI—MISCELLANEOUS 
PROVISIONS 
SEC. 
1101. 
ELIGIBLE 
USES 
FOR 
INTEROPERABILITY 
GRANTS. 
The Secretary of Homeland Security shall ensure 
that all funds administered by the Department of Home-
land Security to support the interoperable communications 
needs of State, local, and tribal agencies, including funds 
administered pursuant to a Memorandum of Under-
standing or other agreement, may be used to support the 
standards outlined in the SAFECOM interoperability con-
tinuum, including governance, standard of operating pro-
cedures, technology, training and exercises, and usage. 
SEC. 1102. RURAL HOMELAND SECURITY TRAINING INITIA-
TIVE. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish a program to be administered by 
the Director of the Federal Law Enforcement Training 
Center of the Department of Homeland Security to ex-
pand homeland security training to units of local and trib-
al governments located in rural areas. The Secretary shall 
take the following actions: 
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114 
(1) 
EVALUATION
OF
NEEDS
OF
RURAL 
AREAS.—Secretary shall evaluate the needs of such 
areas. 
(2) DEVELOPMENT OF TRAINING PROGRAMS.— 
Secretary shall develop expert training programs de-
signed to respond to the needs of such areas, includ-
ing, but not limited to, those pertaining to rural 
homeland security responses including protections 
for privacy, and civil rights and civil liberties. 
(3) PROVISION OF TRAINING PROGRAMS.—Sec-
retary shall provide to such areas the training pro-
grams developed under paragraph (2). 
(4) OUTREACH EFFORTS.—Secretary shall con-
duct outreach efforts to ensure that such areas are 
aware of the training programs developed under 
paragraph (2) so that such programs are made 
available to units of local government and tribal gov-
ernments located in rural areas. 
(b) NO DUPLICATION OR DISPLACEMENT OF CUR-
RENT
PROGRAMS.—Any training program developed 
under paragraph (2) of subsection (a) and any training 
provided by the program pursuant to such subsection shall 
be developed or provided, respectively, in a manner so as 
to not duplicate or displace any program in existence on 
the date of the enactment of this section. 
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