(1) the term ‘‘CBP’’ means the United States 
Customs and Border Protection; 
(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 Commissioner of the United States Cus-
toms and Border Protection) may, for the purpose of ac-
celerating the ability of the CBP to secure the borders 
of the United States, appoint annuitants to positions in 
the CBP in accordance with succeeding provisions of this 
section, except that no authority under this subsection 
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 CBP; 
(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 
number of positions filled by annuitants appointed under 
such subsection to exceed 500 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. 
SEC. 505. STRENGTHENING BORDER PATROL RECRUIT-
MENT AND RETENTION. 
(a) IN GENERAL.—In order to address the recruit-
ment and retention challenges faced by United States Cus-
toms and Border Protection, the Secretary of Homeland 
Security shall establish a plan, consistent with existing 
Federal statutes and Office of Personnel Management 
Regulations and Guidelines applicable to pay, recruitment, 
relocation, and retention of Federal law enforcement offi-
cers. Such plan shall include the following components: 
(1) The establishment of a recruitment incen-
tive for Border Patrol agents, including the estab-
lishment of a foreign language incentive award. 
(2) The establishment of a retention plan, in-
cluding the payment of bonuses to Border Patrol 
agents for every year of service after the first two 
years of service. 
(3) An increase in the pay percentage differen-
tials to Border Patrol agents in certain high-cost
areas, as determined by the Secretary, consistent 
with entry-level pay to other Federal, State, and 
local law enforcement agencies. 
(4) The establishment of a mechanism whereby 
Border Patrol agents can transfer from one location 
to another after the first two years of service in 
their initial duty location. 
(5) The establishment of quarterly goals for the 
recruitment of new Border Patrol agents, including 
goals for the number of recruits entering Border Pa-
trol training, and the number of recruits who suc-
cessfully complete such training and become Border 
Patrol agents. 
(b) REPORT.—
(1) IN GENERAL.—Not later than the first cal-
endar quarter after the date of the enactment of this 
Act and every calendar quarter thereafter, the Sec-
retary of Homeland Security 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 identifying whether the quarterly goals for 
the recruitment of new Border Patrol agents estab-
lished under subsection (a)(5) were met, and an up-
date on the status of recruitment efforts and attri-
tion rates among Border Patrol agents. 
(2) CONTENTS
OF
REPORT.—The report re-
quired under paragraph (1) shall contain, at a min-
imum, the following with respect to each calendar 
quarter: 
(A) The number of recruits who enter Bor-
der Patrol training. 
(B) The number of recruits who success-
fully complete such training and become Border 
Patrol agents. 
(C) The number of Border Patrol agents 
who are lost to attrition. 
SEC. 506. LIMITATION ON REIMBURSEMENTS RELATING TO 
CERTAIN DETAILEES. 
In the case of an individual assigned to the Depart-
ment of Homeland Security as a detailee under an ar-
rangement described in subchapter VI of chapter 33 of 
title 5, United States Code, the maximum reimbursement 
by the Department of Homeland Security which may be 
made under section 3374(c) of such title with respect to 
such individual for the period of the assignment (including 
for any employee benefits) may not exceed the total 
amount of basic pay that would have been payable for such 
period if such individual had been paid, at the highest rate
allowable under section 5382 of such title, as a member 
of the Senior Executive Service. 
SEC. 507. INCREASED SECURITY SCREENING OF HOME-
LAND SECURITY OFFICIALS. 
(a) REVIEW REQUIRED.—Not later than 90 days 
after the date of enactment of this Act, the Secretary of 
Homeland Security shall conduct a Department-wide re-
view of the Department of Homeland Security security 
clearance and suitability review procedures for Depart-
ment employees and contractors, as well as individuals in 
State and local government agencies and private sector en-
tities with a need to receive classified information. 
(b) STRENGTHENING
OF
SECURITY
SCREENING 
POLICIES.—
(1) IN GENERAL.—Based on the findings of the 
review conducted under subsection (a), the Secretary 
shall, as appropriate, take all necessary steps to 
strengthen the Department’s security screening poli-
cies, including consolidating the security clearance 
investigative authority at the headquarters of the 
Department. 
(2) ELEMENTS.—In strengthening security 
screening policies under paragraph (1), the Sec-
retary shall consider whether and where appropriate 
ensure that—
(A) all components of the Department of 
Homeland Security meet or exceed Federal and 
Departmental standards for security clearance 
investigations, adjudications, and suitability re-
views; 
(B) the Department has a cadre of well-
trained adjudicators and the Department has in 
place a program to train and oversee adjudica-
tors; and 
(C) suitability reviews are conducted for all 
Department of Homeland Security employees 
who transfer from a component of the Depart-
ment to the headquarters of the Departmental. 
SEC. 508. AUTHORITIES OF CHIEF SECURITY OFFICER. 
(a) ESTABLISHMENT.—Title VII of the Homeland 
Security Act of 2002 (6 U.S.C. 341 et seq.) is further 
amended by adding at the end the following: 
‘‘SEC. 708. CHIEF SECURITY OFFICER. 
‘‘(a) ESTABLISHMENT.—There is in the Department 
a Chief Security Officer. 
‘‘(b) RESPONSIBILITIES.—The Chief Security Officer 
shall—
‘‘(1) have responsibility for overall Department-
wide security activities, including issuing and confis-
cating credentials, controlling access to and dis-
posing of classified and sensitive but unclassified 
materials, controlling access to sensitive areas and 
Secured Compartmentalized Intelligence Facilities, 
and communicating with other government agencies 
on the status of security clearances and security 
clearance applications; 
‘‘(2) ensure that each component of the Depart-
ment complies with Federal standards for security 
clearances and background investigations; 
‘‘(3) ensure, to the greatest extent practicable, 
that individuals in State and local government agen-
cies and private sector entities with a need to receive 
classified information, receive the appropriate clear-
ances in a timely fashion; and 
‘‘(4) perform all other functions as determined 
by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the items relating to such title the following new item:
‘‘Sec. 708. Chief Security Officer.’’.
SEC. 509. DEPARTMENTAL CULTURE IMPROVEMENT. 
(a) CONSIDERATION REQUIRED.—The Secretary of 
Homeland Security, acting through the Chief Human Cap-
ital Officer, shall consider implementing recommendations 
set forth in the Homeland Security Advisory Council Cul-
ture Task Force Report of January 2007.
(b) IDENTIFICATION OF TERMS.—As part of this 
consideration, the Secretary, acting through the Chief 
Human Capital Officer, shall identify an appropriate term, 
as among ‘‘workforce’’, ‘‘personnel’’, and ‘‘employee’’, to 
replace ‘‘human capital’’ and integrate its use throughout 
the operations, policies, and programs of the Department 
of Homeland Security. 
SEC. 510. HOMELAND SECURITY EDUCATION PROGRAM EN-
HANCEMENTS. 
Section 845(b) of the Homeland Security Act of 2002 
(6 U.S.C. 415(b)) is amended to read as follows: 
‘‘(b) LEVERAGING OF EXISTING RESOURCES.—To 
maximize efficiency and effectiveness in carrying out the 
Program, the Administrator shall use curricula modeled 
on existing Department-reviewed Master’s Degree cur-
ricula in homeland security, including curricula pending 
accreditation, together with associated learning materials, 
quality assessment tools, digital libraries, asynchronous 
distance learning, video conferencing, exercise systems, 
and other educational facilities, including the National Do-
mestic Preparedness Consortium, the National Fire Acad-
emy, and the Emergency Management Institute. The Ad-
ministrator may develop additional educational programs, 
as appropriate.’’.
SEC. 511. REPEAL OF CHAPTER 97 OF TITLE 5, UNITED 
STATES CODE. 
(a) REPEAL.—
(1) IN
GENERAL.—Effective as of the date 
specified in section 4 of the Homeland Security Act 
of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, 
United States Code (as added by section 841(a)(2) 
of such Act), section 841(b)(3) of such Act, and sub-
sections (c) and (e) of section 842 of such Act are 
repealed. 
(2) REGULATIONS.—Any regulations prescribed 
under authority of chapter 97 of title 5, United 
States Code, are void ab initio. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for part III of title 5, United States Code, is amended 
by striking the item relating to chapter 97. 
SEC. 512. UTILIZATION OF NON-LAW ENFORCEMENT FED-
ERAL EMPLOYEES AS INSTRUCTORS FOR 
NON-LAW ENFORCEMENT CLASSES AT THE 
BORDER PATROL TRAINING ACADEMY. 
The Director of the Federal Law Enforcement Train-
ing Center (FLETC) of the Department of Homeland Se-
curity, in consultation with the Chief of the Border Patrol, 
is authorized to select appropriate employees of the Fed-
eral Government other than law enforcement officers (as
defined in section 8401(17) of title 5, United States Code) 
to serve as instructors of non-law enforcement classes. 
SEC. 513. TERMINATION OF EMPLOYMENT OF VOLUNTEER 
FIREFIGHTERS AND EMERGENCY MEDICAL 
PERSONNEL PROHIBITED. 
(a) TERMINATION PROHIBITED.—
(1) IN GENERAL.—No employee may be termi-
nated, demoted, or in any other manner discrimi-
nated against in the terms and conditions of employ-
ment because such employee is absent from or late 
to the employee’s employment for the purpose of 
serving as a volunteer firefighter or providing volun-
teer emergency medical services as part of a re-
sponse to an emergency or major disaster. 
(2) DEPLOYMENT.—The prohibition in para-
graph (1) shall apply to an employee serving as a 
volunteer firefighter or providing volunteer emer-
gency medical services if such employee—
(A) is specifically deployed to respond to 
the emergency or major disaster in accordance 
with a coordinated national deployment system 
such as the Emergency Management Assistance 
Compact or a pre-existing mutual aid agree-
ment; or 
(B) is a volunteer firefighter who—
(i) is a member of a qualified volun-
teer fire department that is located in the 
State in which the emergency or major dis-
aster occurred; 
(ii) is not a member of a qualified fire 
department that has a mutual aid agree-
ment with a community affected by such 
emergency or major disaster; and 
(iii) has been deployed by the emer-
gency management agency of such State to 
respond to such emergency or major dis-
aster. 
(3) LIMITATIONS.—The prohibition in para-
graph (1) shall not apply to an employee who—
(A) is absent from the employee’s employ-
ment for the purpose described in paragraph 
(1) for more than 14 days per calendar year; 
(B) responds to the emergency or major 
disaster without being officially deployed as de-
scribed in paragraph (2); or 
(C) fails to provide the written verification 
described in paragraph (5) within a reasonable 
period of time. 
(4) WITHHOLDING OF PAY.—An employer may 
reduce an employee’s regular pay for any time that
the employee is absent from the employee’s employ-
ment for the purpose described in paragraph (1). 
(5) VERIFICATION.—An employer may require 
an employee to provide a written verification from 
the official of the Federal Emergency Management 
Agency supervising the Federal response to the 
emergency or major disaster or a local or State offi-
cial managing the local or State response to the 
emergency or major disaster that states—
(A) the employee responded to the emer-
gency or major disaster in an official capacity; 
and 
(B) the schedule and dates of the employ-
ee’s participation in such response. 
(6) REASONABLE NOTICE REQUIRED.—An em-
ployee who may be absent from or late to the em-
ployee’s employment for the purpose described in 
paragraph (1) shall—
(A) make a reasonable effort to notify the 
employee’s employer of such absence; and 
(B) continue to provide reasonable notifi-
cations over the course of such absence. 
(b) RIGHT OF ACTION.—
(1) RIGHT OF ACTION.—An individual who has 
been terminated, demoted, or in any other manner
discriminated against in the terms and conditions of 
employment in violation of the prohibition described 
in subsection (a) may bring, in a district court of 
the United States of appropriate jurisdiction, a civil 
action against individual’s employer seeking—
(A) 
reinstatement 
of 
the 
individual’s 
former employment; 
(B) payment of back wages; 
(C) reinstatement of benefits; and 
(D) if the employment granted seniority 
rights, reinstatement of seniority rights. 
(2) LIMITATION.—The individual shall com-
mence a civil action under this section not later than 
1 year after the date of the violation of the prohibi-
tion described in subsection (a). 
(c) STUDY AND REPORT.—
(1) STUDY.—The Secretary of Labor shall con-
duct a study on the impact that the requirements of 
this section could have on the employers of volunteer 
firefighters or individuals who provide volunteer 
emergency medical services and who may be called 
on to respond to an emergency or major disaster. 
(2) REPORT.—Not later than 12 months after 
the date of the enactment of this Act, the Secretary 
of Labor shall submit a report of the study con-
ducted under paragraph (1) to the Committee on 
Health, Education, Labor, and Pensions and the 
Committee on Small Business and Entrepreneurship 
of the Senate and the Committee on Education and 
the Workforce and the Committee on Small Business 
of the House of Representatives. 
(d) DEFINITIONS.—In this section—
(1) the term ‘‘emergency’’ has the meaning 
given such term in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122); 
(2) the term ‘‘major disaster’’ has the meanings 
given such term in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122); 
(3) the term ‘‘qualified volunteer fire depart-
ment’’ has the meaning given such term in section 
150(e) of the Internal Revenue Code of 1986; 
(4) the term ‘‘volunteer emergency medical 
services’’ means emergency medical services per-
formed on a voluntary basis for a fire department or 
other emergency organization; and 
(5) the term ‘‘volunteer firefighter’’ means an 
individual who is a member in good standing of a 
qualified volunteer fire department.
TITLE VI—BIOPREPAREDNESS 
IMPROVEMENTS 
SEC. 601. CHIEF MEDICAL OFFICER AND OFFICE OF 
HEALTH AFFAIRS. 
Section 516 of the Homeland Security Act of 2002 
(6 U.S.C. 321e) is amended to read as follows: 
‘‘SEC. 516. CHIEF MEDICAL OFFICER. 
‘‘(a) IN GENERAL.—There is in the Department a 
Chief Medical Officer, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate, 
and shall have the rank and title of Assistant Secretary 
for Health Affairs and Chief Medical Officer (in this sec-
tion referred to as the ‘Chief Medical Officer’). 
‘‘(b) OFFICE OF HEALTH AFFAIRS.—There is in the 
Department an Office of Health Affairs, which shall be 
headed by the Chief Medical Officer. 
‘‘(c) QUALIFICATIONS.—The individual appointed as 
the Chief Medical Officer shall possess a demonstrated 
ability in and knowledge of medicine, public health, and 
the treatment of illnesses caused by chemical, biological, 
nuclear, and radiological agents. 
‘‘(d) RESPONSIBILITIES.—The Chief Medical Officer 
shall have the primary responsibility within the Depart-
ment for medical and health issues related to the general 
roles, responsibilities, and operations of the Department,
and terrorist attacks, major disasters, and other emer-
gencies, including—
‘‘(1) serving as the principal advisor to the Sec-
retary and leading the Department’s medical care, 
public health, food, water, veterinary care, and agro- 
security and defense responsibilities; 
‘‘(2) providing oversight for all medically-re-
lated actions and protocols of the Department’s 
medical personnel; 
‘‘(3) administering the Department’s respon-
sibilities for medical readiness, including—
‘‘(A) planning and guidance to support im-
provements in local training, equipment, and 
exercises funded by the Department; and 
‘‘(B) consistent with the National Re-
sponse Plan established pursuant to Homeland 
Security Presidential Directive 8, assisting in 
fulfilling the Department’s roles in related 
emergency support functions; 
‘‘(4) serving as the Department’s primary point 
of contact with the Department of Agriculture, the 
Department of Defense, the Department of Health 
and Human Services, the Department of Transpor-
tation, the Department of Veterans Affairs, and 
other Federal departments and agencies, on all mat-
ters of medical and public health to ensure coordina-
tion consistent with the National Response Plan; 
‘‘(5) serving as the Department’s primary point 
of contact for State, local, tribal, and territorial gov-
ernments, the medical community, and the private 
sector, to ensure that medical readiness and re-
sponse activities are coordinated and consistent with 
the National Response Plan and the Secretary’s inci-
dent management requirements; 
‘‘(6) managing the Department’s biodefense 
and biosurveillance activities including the National 
Biosurveillance Integration System, and the Depart-
ments responsibilities under Project BioShield in co-
ordination with the Under Secretary of Science and 
Technology as appropriate; 
‘‘(7) assuring that the Department’s workforce 
has science-based policy, standards, requirements, 
and metrics for occupational safety and health; 
‘‘(8) supporting the operational requirements of 
the Department’s components with respect to protec-
tive medicine and tactical medical support; 
‘‘(9) developing, in coordination with appro-
priate Department entities and other appropriate 
Federal agencies, end-to-end plans for prevention, 
readiness, protection, response, and recovery from