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(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 
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.
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(2) EXCEPTION
AND
CERTIFICATION.—If the 
Secretary determines that the per-agent cost re-
ferred 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 certification 
explaining why such per-agent cost exceeds such 
amount. 
SEC. 904. REPORT ON IMPLEMENTATION OF THE STUDENT 
AND EXCHANGE VISITOR PROGRAM. 
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General shall submit 
to the appropriate congressional committees a report to 
update the Government Accountability Office report of 
June 18, 2004, GAO–04–690, on the Student and Ex-
change Visitor Program (referred to in this section as 
‘‘SEVP’’) and specifically the Student and Exchange Vis-
itor Information System (referred to in this section as 
‘‘SEVIS’’). The report shall include the following informa-
tion: 
(1) The rate of compliance with the current 
SEVIS requirements by program sponsors and edu-
cational institutions, including non-academic institu-
tions authorized to admit students under SEVIS.
125
(2) Whether there are differences in compliance 
rates among different types and sizes of institutions 
participating in SEVIS. 
(3) Whether SEVIS adequately ensures that 
each covered foreign student or exchange visitor in 
nonimmigrant status is, in fact, actively partici-
pating in the program for which admission to the 
United States was granted. 
(4) Whether SEVIS includes data fields to en-
sure that each covered foreign student or exchange 
visitor in nonimmigrant status is meeting minimum 
academic or program standards and that major 
courses of study are recorded, especially those that 
may be of national security concern. 
(5) Whether the Secretary of Homeland Secu-
rity provides adequate access, training, and technical 
support to authorized users from the sponsoring pro-
grams and educational institutions in which covered 
foreign students and exchange visitors in a non-
immigrant status are enrolled. 
(6) Whether each sponsoring program or edu-
cational institution participating in SEVP has des-
ignated enough authorized users to comply with 
SEVIS requirements.
126
(7) Whether authorized users at program spon-
sors or educational institutions are adequately vetted 
and trained. 
(8) Whether the fees collected are adequate to 
support SEVIS. 
(9) Whether there any new authorities, capabili-
ties, or resources needed for SEVP and SEVIS to 
fully perform. 
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-
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 less 
than prior to September 11, 2001, while ensuring appro-
priate security checks continue to be conducted. 
SEC. 906. REPORT BY GOVERNMENT ACCOUNTABILITY OF-
FICE REGARDING POLICIES AND PROCE-
DURES OF THE BORDER PATROL. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General
127
of the United States shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report regarding the policies and 
procedures of the Border Patrol pertaining to the use of 
lethal and non-lethal force and the pursuit of fleeing vehi-
cles, including data on the number of incidents in which 
lethal or non-lethal force was used and any penalties that 
were imposed on Border Patrol agents as a result of such 
use. 
(b) CONSULTATION.—
(1) REQUIREMENT.—In complying with this 
section, the Comptroller General shall consult with 
Customs and Border Protection and with represent-
atives of the following: 
(A) State and local law enforcement agen-
cies located along the northern and southern 
international borders of the United States. 
(B) The National Border Patrol Council. 
(C) The National Association of Former 
Border Patrol Officers. 
(D) Human rights groups with experience 
regarding aliens who cross the international 
land borders of the United States.
128
(E) Any other group that the Comptroller 
General determines would be appropriate. 
(2) INCLUSION OF OPINIONS.—The Comptroller 
General shall attach written opinions provided by 
groups referenced to in paragraph (1) as appendices 
to the report. 
SEC. 907. REPORT ON INTEGRATED BORDER ENFORCE-
MENT TEAM INITIATIVE. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit a report to the Congress on the status of the Inte-
grated Border Enforcement Team (IBET) initiative. The 
report should include an analysis of current resources allo-
cated to IBETs, an evaluation of progress made since the 
inception of the program, and recommendations as to the 
level of resources that would be required to improve the 
program’s effectiveness in the future. 
SEC. 908. STOLEN AND LOST TRAVEL DOCUMENT DATA-
BASE. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Commissioner of United States 
Customs and Border Protection, shall, as expeditiously as 
possible, implement at primary inspection points at United 
States ports of entry the Stolen and Lost Travel Docu-
ment database managed by Interpol.
129
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees (as defined 
in section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101)) a report on the implementation required 
under subsection (a). 
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 State, local, and tribal law 
enforcement for homeland security and other purposes. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary such
130
sums as are necessary for the Secretary to carry out the 
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
131
2002 (including provisions enacted by the amendments 
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 State 
and Local Fusion Center Program. 
‘‘(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-
132
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) not later 
than six months after the date on which the State 
or local fusion center at which the employee is em-
bedded receives a grant from the Department. 
‘‘(c) CONTENTS OF TRAINING.—Training provided 
under the program established under subsection (a) shall 
include training in Federal law 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.
133
‘‘(5) The consequences of failing to provide ade-
quate privacy and civil liberties protections. 
‘‘(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.—Of 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.’’.
134
(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 
OFFICE OF INFORMATION ANALYSIS. 
(a) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘IA’’ means the Office of Informa-
tion Analysis; 
(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 Assistant Secretary for Information Anal-
ysis) may, for the purpose of accelerating the ability of 
the IA to perform its statutory duties under the Homeland 
Security Act of 2002, appoint annuitants to positions in 
the IA in accordance with succeeding provisions of this 
section, except that no authority under this subsection
135
shall be available unless the Secretary provides to Con-
gress a certification that—
(1) the Secretary has submitted a request 
under section 8344(i) or 8468(f) of title 5, United 
States Code, on or after the date of the enactment 
of this Act, with respect to positions in the IA; 
(2) the request described in paragraph (1) was 
properly filed; and 
(3) the Office of Personnel Management has 
not responded to the request described in paragraph 
(1), by either approving, denying, or seeking more 
information regarding such request, within 90 days 
after the date on which such request was filed. 
(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
136
number of positions filled by annuitants appointed under 
such subsection to exceed 100 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 OF AUTHORITY.—Effective 2 years 
after the date of the enactment of this Act—
(1) all authority to make appointments under 
subsection (b) shall cease to be available; and 
(2) all exemptions under subsection (c) shall 
cease to be effective. 
TITLE XI—MISCELLANEOUS 
PROVISIONS 
SEC. 1101. 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:
137
(1) 
EVALUATION
OF
NEEDS
OF
RURAL 
AREAS.—The Secretary shall evaluate the needs of 
such areas. 
(2) DEVELOPMENT OF TRAINING PROGRAMS.—
The Secretary shall develop expert training pro-
grams designed to respond to the needs of such 
areas, including, but not limited to, those pertaining 
to rural homeland security responses including pro-
tections for privacy, and civil rights and civil lib-
erties. 
(3) PROVISION OF TRAINING PROGRAMS.—The 
Secretary shall provide to such areas the training 
programs developed under paragraph (2). 
(4) OUTREACH EFFORTS.—The Secretary shall 
conduct 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
138
to not duplicate or displace any program in existence on 
the date of the enactment of this section. 
(c) PRIORITIZED LOCATIONS FOR RURAL HOMELAND 
SECURITY TRAINING.—In designating sites for the provi-
sion of training under this section, the Secretary shall, to 
the maximum extent possible and as appropriate, give pri-
ority to facilities of the Department of Homeland Security 
in existence as of the date of the enactment of this Act 
and to closed military installations, and to the extent pos-
sible, shall conduct training onsite, at facilities operated 
by participants. 
(d) RURAL DEFINED.—In this section, the term 
‘‘rural’’ means an area that is not located in a metropoli-
tan statistical area, as defined by the Office of Manage-
ment and Budget. 
SEC. 1102. CRITICAL INFRASTRUCTURE STUDY. 
The Secretary of Homeland Security shall work with 
the Center for Risk and Economic Analysis of Terrorism 
Events (CREATE), led by the University of Southern 
California, to evaluate the feasibility and practicality of 
creating further incentives for private sector stakeholders 
to share protected critical infrastructure information with 
the Department for homeland security and other purposes.
139
SEC. 1103. TERRORIST WATCH LIST AT HIGH-RISK CRIT-
ICAL INFRASTRUCTURE. 
From amounts authorized under section 101, there 
may be appropriated such sums as are necessary for the 
Secretary of Homeland Security to require each owner or 
operator of a Tier I or Tier II critical infrastructure site 
as selected for the Buffer Zone Protection Program, to 
conduct checks of their employees against available ter-
rorist watch lists. 
SEC. 1104. AUTHORIZED USE OF SURPLUS MILITARY VEHI-
CLES. 
The Secretary of Homeland Security shall include 
United States military surplus vehicles having dem-
onstrated utility for responding to terrorist attacks, major 
disasters, and other emergencies on the Authorized Equip-
ment List in order to allow State, local, and tribal agencies 
to purchase, modify, upgrade, and maintain such vehicles 
using homeland security assistance administered by the 
Department of Homeland Security. 
SEC. 1105. COMPUTER CAPABILITIES TO SUPPORT REAL-
TIME INCIDENT MANAGEMENT. 
From amounts authorized under section 101, there 
are authorized such sums as may be necessary for the Sec-
retary of Homeland Security to encourage the develop-
ment and use of software- or Internet-based computer ca-
pabilities to support real-time incident management by
140
Federal, State, local, and tribal agencies. Such software-
based capabilities shall be scalable and not be based on 
proprietary systems to ensure the compatibility of Federal, 
State, local, and tribal first responder agency incident 
management systems. In the development and implemen-
tation of such computer capabilities, the Secretary shall 
consider the feasibility and desirability of including the fol-
lowing capabilities: 
(1) Geographic information system data. 
(2) Personnel, vehicle, and equipment tracking 
and monitoring. 
(3) Commodity tracking and other logistics 
management. 
(4) Evacuation center and shelter status track-
ing. 
(5) Such other capabilities as determined ap-
propriate by the Secretary. 
SEC. 1106. EXPENDITURE REPORTS AS A CONDITION OF 
HOMELAND SECURITY GRANTS. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) 
is amended by adding at the end the following new section:
141
‘‘SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF 
HOMELAND SECURITY GRANTS. 
‘‘(a) QUARTERLY REPORTS REQUIRED AS A CONDI-
TION OF HOMELAND SECURITY GRANTS.—
‘‘(1) EXPENDITURE REPORTS REQUIRED.—As a 
condition of receiving a grant administered by the 
Secretary, the Secretary shall require the grant re-
cipient to submit quarterly reports to the Secretary 
describing the nature and amount of each expendi-
ture made by the recipient using grant funds. 
‘‘(2) DEADLINE
FOR
REPORTS.—Each report 
required under paragraph (1) shall be submitted not 
later than 30 days after the last day of a fiscal quar-
ter and shall cover expenditures made during that 
fiscal quarter. 
‘‘(3) EXCLUDED PROGRAMS.—This section shall 
not apply to or otherwise affect any grant issued 
under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
or the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2201 et seq.). 
‘‘(b) PUBLICATION OF EXPENDITURES.—Not later 
than 30 days after receiving a report under subsection (a), 
the Secretary shall publish and make publicly available on 
the Internet website of the Department a description of