her respective counterparts in component agencies of 
the Department to ensure that such component agen-
cies adhere to the laws, rules, regulations, and depart-
mental policies that the Assistant Secretary for Legis-
lative Affairs is responsible for implementing. 
‘‘(2) INCLUDED AUTHORITIES.—The authorities 
of the Assistant Secretary for Legislative Affairs shall 
include, with respect to the counterparts in compo-
nent agencies of the Department, the following: 
‘‘(A) The authority to direct the activities of 
personnel responsible for any of the following: 
‘‘(i) Making recommendations regard-
ing the hiring, termination, and reassign-
ment of individuals. 
‘‘(ii) Developing performance meas-
ures. 
‘‘(iii) Submitting written performance 
evaluations during the performance evalua-
tion process that shall be considered in per-
formance reviews, including recommenda-
tions for bonuses, pay raises, and pro-
motions. 
‘‘(iv) Withholding funds from the rel-
evant component agency that would other-
wise be available for a particular purpose 
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until the relevant component agency com-
plies with the directions of the Assistant 
Secretary for Legislative Affairs or makes 
substantial progress towards meeting the 
specified goal. 
‘‘(B) The authority to direct planning, op-
erations, and training. 
‘‘(C) The authority to direct the budget and 
other financial resources.’’. 
TITLE III—OVERSIGHT 
IMPROVEMENTS 
SEC. 301. SECURE BORDER INITIATIVE FINANCIAL AC-
COUNTABILITY. 
(a) IN GENERAL.—The Inspector General of the De-
partment of Homeland Security shall review each contract 
action related to the Department’s Secure Border Initiative 
having a value greater than $20,000,000, to determine 
whether each such action fully complies with applicable cost 
requirements, performance objectives, program milestones, 
inclusion of small, minority, and women-owned business, 
and timelines. The Inspector General shall complete a re-
view under this subsection with respect to a contract ac-
tion— 
(1) not later than 60 days after the date of the 
initiation of the action; and 
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(2) upon the conclusion of the performance of the 
contract. 
(b) REPORT BY INSPECTOR GENERAL.—Upon comple-
tion of each review required under subsection (a), the In-
spector General shall submit to the Secretary of Homeland 
Security a report containing the findings of the review, in-
cluding findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental 
contract management, insufficient departmental financial 
oversight, bundling that limits the ability of small business 
to compete, or other high risk business practices. 
(c) REPORT BY SECRETARY.—Not later than 30 days 
after the receipt of each report required under subsection 
(b), the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the findings 
of the report by the Inspector General and the steps the Sec-
retary has taken, or plans to take, to address the findings 
in such report. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for the Office of the Inspector 
General of the Department of Homeland Security to carry 
out enhanced oversight of the Secure Border Initiative— 
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(1) for fiscal year 2008, of the amount author-
ized by section 101 and in addition to the amount 
authorized by section 303, $5,500,000; 
(2) for fiscal year 2009, at least 6 percent of the 
overall budget of the Office for that fiscal year; and 
(3) for fiscal year 2010, at least 7 percent of the 
overall budget of the Office for that fiscal year. 
(e) ACTION BY INSPECTOR GENERAL.—In the event the 
Inspector General becomes aware of any improper conduct 
or wrongdoing in accordance with the contract review re-
quired under subsection (a), the Inspector General shall, as 
expeditiously as practicable, refer to the Secretary of Home-
land Security or other appropriate official in the Depart-
ment of Homeland Security information related to such im-
proper conduct or wrongdoing for purposes of evaluating 
whether to suspend or debar the contractor. 
SEC. 302. AUTHORIZATION LIAISON OFFICER. 
Section 702 of the Homeland Security Act of 2002 (6 
U.S.C. 342) is amended by adding at the end the following: 
‘‘(d) AUTHORIZATION LIAISON OFFICER.— 
‘‘(1) IN GENERAL.—The Chief Financial Officer 
shall establish the position of Authorization Liaison 
Officer to provide timely budget and other financial 
information to the Committee on Homeland Security 
of the House of Representatives and the Committee on 
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Homeland Security and Governmental Affairs of the 
Senate. The Authorization Liaison Officer shall report 
directly to the Chief Financial Officer. 
‘‘(2) SUBMISSION OF REPORTS TO CONGRESS.— 
The Authorization Liaison Officer shall coordinate 
with the Appropriations Liaison Officer within the 
Office of the Chief Financial Officer to ensure, to the 
greatest extent possible, that all reports prepared for 
the Committees on Appropriations of the House of 
Representatives and the Senate are submitted concur-
rently to the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate.’’. 
SEC. 303. OFFICE OF THE INSPECTOR GENERAL. 
Of the amount authorized by section 101, there is au-
thorized to be appropriated to the Secretary of Homeland 
Security $108,500,000 for fiscal year 2008 for operations 
of the Office of the Inspector General of the Department of 
Homeland Security. 
SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT. 
(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: 
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‘‘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-
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 require-
ments of this section supplement, and do not replace, the 
requirements of that section. 
‘‘(c) CLASSIFIED NOTIFICATION.—The Secretary may 
submit any information required by this section in classi-
fied form if the information is classified pursuant to appli-
cable national security standards. 
‘‘(d) SAVINGS CLAUSE.—This section shall not be con-
strued to limit or otherwise affect the congressional notifica-
tion 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. 
‘‘(e) 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 Senate.’’. 
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(b) CONFORMING 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 title 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) as subparagraphs (C) through (F) respectively; 
and 
(2) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
‘‘(B) the Committee on Homeland Security 
of the House of Representatives;’’. 
SEC. 305. SENSE OF CONGRESS REGARDING OVERSIGHT OF 
HOMELAND SECURITY. 
It is the sense of the Congress that the House of Rep-
resentatives and the Senate should implement the rec-
ommendation of the National Commission on Terrorist At-
tacks Upon the United States to designate a committee in 
each body to serve as the single, principal point of oversight 
and review for homeland security and to authorize the ac-
tivities of the Department of Homeland Security. 
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TITLE IV—PROCUREMENT POL-
ICY 
AND 
RESOURCES 
IM-
PROVEMENTS 
SEC. 401. HOMELAND SECURITY PROCUREMENT TRAINING. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 is amended by adding at 
the end the following new section: 
‘‘SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING. 
‘‘(a) PROVISION OF TRAINING.—The Chief Procure-
ment Officer shall provide homeland security procurement 
training to acquisition employees. 
‘‘(b) RESPONSIBILITIES OF CHIEF PROCUREMENT OF-
FICER.—The Chief Procurement Officer shall carry out the 
following responsibilities: 
‘‘(1) Establish objectives to achieve the efficient 
and effective use of available acquisition resources by 
coordinating the acquisition education and training 
programs of the Department and tailoring them to 
support the careers of acquisition employees. 
‘‘(2) Develop, in consultation with the Council 
on Procurement Training established under subsection 
(d), the curriculum of the homeland security procure-
ment training to be provided. 
‘‘(3) Establish, in consultation with the Council 
on Procurement Training, training standards, re-
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quirements, and courses to be required for acquisition 
employees. 
‘‘(4) Establish an appropriate centralized mecha-
nism to control the allocation of resources for con-
ducting such required courses and other training and 
education. 
‘‘(5) Select course providers and certify courses 
to ensure that the procurement training curriculum 
supports a coherent framework for the educational de-
velopment of acquisition employees, including the pro-
vision of basic, intermediate, and advanced courses. 
‘‘(6) Publish an annual catalog that includes a 
list of the acquisition education and training courses. 
‘‘(7) Develop a system of maintaining records of 
student enrollment, and other data related to students 
and courses conducted pursuant to this section. 
‘‘(c) ELIGIBILITY FOR TRAINING.—An acquisition em-
ployee of any entity under subsection (d)(3) may receive 
training provided under this section. The appropriate mem-
ber of the Council on Procurement Training may direct 
such an employee to receive procurement training. 
‘‘(d) COUNCIL ON PROCUREMENT TRAINING.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a Council on Procurement Training to advise 
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and make policy and curriculum recommendations to 
the Chief Procurement Officer. 
‘‘(2) CHAIR
OF
COUNCIL.—The chair of the 
Council on Procurement Training shall be the Deputy 
Chief Procurement Officer. 
‘‘(3) MEMBERS.—The members of the Council on 
Procurement Training are the chief procurement offi-
cers of each of the following: 
‘‘(A) United States Customs and Border 
Protection. 
‘‘(B) The Transportation Security Adminis-
tration. 
‘‘(C) The Office of Procurement Operations. 
‘‘(D) The Bureau of Immigration and Cus-
toms Enforcement. 
‘‘(E) The Federal Emergency Management 
Agency. 
‘‘(F) The Coast Guard. 
‘‘(G) The Federal Law Enforcement Train-
ing Center. 
‘‘(H) The United States Secret Service. 
‘‘(I) Such other entity as the Secretary de-
termines appropriate. 
‘‘(e) ACQUISITION EMPLOYEE DEFINED.—For pur-
poses of this section, the term ‘acquisition employee’ means 
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an employee serving under a career or career-conditional 
appointment in the competitive service or appointment of 
equivalent tenure in the excepted service of the Federal Gov-
ernment, at least 50 percent of whose assigned duties in-
clude acquisitions, procurement-related program manage-
ment, or procurement-related oversight functions. 
‘‘(f) REPORT REQUIRED.—Not later than March 1 of 
each year, the Chief Procurement Officer shall submit to 
the Secretary a report on the procurement training pro-
vided under this section, which shall include information 
about student enrollment, students who enroll but do not 
attend courses, graduates, certifications, and other relevant 
information.’’. 
(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. 836. Homeland security procurement training.’’. 
SEC. 402. AUTHORITY TO APPOINT AND MAINTAIN A CADRE 
OF FEDERAL ANNUITANTS FOR PROCURE-
MENT OFFICES. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘procurement office’’ means the Of-
fice of Procurement Operations and any other pro-
curement office within any agency or other compo-
nent of the Department; 
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(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 Procurement Officer) may, for the 
purpose of supporting the Department’s acquisition capa-
bilities and enhancing contract management throughout the 
Department, appoint annuitants to positions in procure-
ment offices in accordance with succeeding provisions of 
this section. 
(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. 
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(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 num-
ber of positions filled by annuitants appointed under such 
subsection to exceed 250 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 
(2) all exemptions under subsection (c) shall 
cease to be effective. 
SEC. 403. ADDITIONAL REQUIREMENT TO REVIEW PAST 
PERFORMANCE OF CONTRACTORS. 
(a) IN GENERAL.—Such subtitle is further amended 
by adding at the end the following new section: 
‘‘SEC. 837. REVIEW OF CONTRACTOR PAST PERFORMANCE. 
‘‘(a) CONSIDERATION
OF CONTRACTOR PAST PER-
FORMANCE.—In awarding a contract to a contractor, the 
Secretary shall consider the past performance of that con-
tractor based on the review conducted under subsection (b). 
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‘‘(b) REVIEW REQUIRED.—Before awarding to a con-
tractor (including a contractor that has previously provided 
goods or services to the Department) a contract to provide 
goods or services to the Department, the Secretary, acting 
through the appropriate contracting officer of the Depart-
ment, shall require the contractor to submit information re-
garding the contractor’s performance of Federal, State, and 
local government and private sector contracts. 
‘‘(c) CONTACT OF RELEVANT OFFICIALS.—As part of 
any review of a contractor conducted under subsection (b), 
the Secretary, acting through an appropriate contracting 
officer of the Department, shall contact the relevant official 
who administered or oversaw each contract performed by 
that contractor during the five-year period preceding the 
date on which the review begins.’’. 
(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. 837. Review of contractor past performance.’’. 
SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN OWNER-
SHIP OR CONTROL OF CONTRACTORS AND 
SUBCONTRACTORS. 
(a) COMPLIANCE WITH BUY AMERICAN ACT.—With 
respect to any procurement of goods or services by the De-
partment of Homeland Security, the Chief Procurement Of-
ficer of the Department shall conduct an independent re-
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view of the procurement to ensure that it complies with all 
relevant provisions of the Buy American Act (41 U.S.C. 10a 
et seq.). 
(b) FOREIGN OWNERSHIP OR CONTROL OF CONTRAC-
TORS AND SUBCONTRACTORS.— 
(1) DISCLOSURE
OF
INFORMATION.—With re-
spect to any procurement of goods or services by the 
Department of Homeland Security, the Secretary of 
Homeland Security shall require an offeror or pro-
spective offeror to disclose whether the offeror or any 
prospective subcontractor (at any tier) is owned or 
controlled by a foreign person. The Secretary shall re-
quire all offerors, prospective offerors, and contractors 
to update the disclosure at any time before award of 
the contract or during performance of the contract, if 
the information provided becomes incorrect because of 
a change of ownership, a change in subcontractors, or 
for any other reason. 
(2) FOREIGN OWNERSHIP OR CONTROL.—In this 
subsection: 
(A) The term ‘‘owned or controlled by a for-
eign person’’, with respect to an offeror, con-
tractor, or subcontractor, means that a foreign 
person owns or controls, directly or indirectly, 
50 percent or more of the voting stock or other 
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ownership interest in the offeror, contractor, or 
subcontractor. 
(B) The term ‘‘foreign person’’ means any 
of the following: 
(i) A foreign government. 
(ii) A corporation organized under the 
laws of a foreign country. 
(iii) An individual who is not a cit-
izen of the United States. 
(3) REGULATIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security shall promulgate regula-
tions to carry out this subsection. 
SEC. 405. INTEGRITY IN CONTRACTING. 
(a) IN GENERAL.—Subtitle D of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is 
further amended by adding at the end the following: 
‘‘SEC. 838. INTEGRITY IN CONTRACTING. 
‘‘(a) ATTESTATION REQUIRED.—The Secretary shall 
require any offeror for any contract to provide goods or 
services to the Department to submit as part of the offeror’s 
bid for such contract an attestation that affirmatively dis-
closes any substantial role the offeror, the employees of the 
offeror, or any corporate parent or subsidiary of the offeror 
may have played in creating a solicitation, request for pro-
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posal, statement of work, or statement of objectives (as those 
terms are defined in the Federal Acquisition Regulation) 
for the Department. 
‘‘(b) ADDITIONAL
REQUIREMENTS
FOR
CERTAIN 
OFFERORS.—If an offeror submits an attestation under 
subsection (a) that discloses that the offeror, an employee 
of the offeror, or any corporate parent or subsidiary of the 
offeror played a substantial role in creating a solicitation, 
request for proposal, statement of work, or statement of ob-
jectives for the Department, the Secretary shall require the 
offeror to submit to the Secretary a description of the safe-
guards used to ensure that precautions were in place to pre-
vent the offeror from receiving information through such 
role that could be used to provide the offeror an undue ad-
vantage in submitting an offer for a contract. 
‘‘(c) CERTIFICATION REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
any offeror for any contract to provide goods or serv-
ices to the Department to submit to the Secretary as 
part of the offeror’s bid for such contract a certifi-
cation in writing whether, as of the date on which the 
certification is submitted, the offeror— 
‘‘(A) is in default on any payment of any 
tax to the Federal Government; or 
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