‘‘(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 over-
sight and review for homeland security and to authorize 
the activities of the Department of Homeland Security. 
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 TRAIN-
ING. 
‘‘(a) PROVISION OF TRAINING.—The Chief Procure-
ment Officer shall provide homeland security procurement 
training to acquisition employees. 
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‘‘(b) RESPONSIBILITIES OF CHIEF PROCUREMENT 
OFFICER.—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 train-
ing 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 sub-
section (d), the curriculum of the homeland security 
procurement training to be provided. 
‘‘(3) Establish, in consultation with the Council 
on Procurement Training, training standards, re-
quirements, and courses to be required for acquisi-
tion employees. 
‘‘(4) Establish an appropriate centralized mech-
anism 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 
development of acquisition employees, including the 
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provision 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 stu-
dents and courses conducted pursuant to this sec-
tion. 
‘‘(c) ELIGIBILITY
FOR TRAINING.—An acquisition 
employee of any entity under subsection (d)(3) may re-
ceive training provided under this section. The appropriate 
member of the Council on Procurement Training may di-
rect 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 
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 Dep-
uty Chief Procurement Officer. 
‘‘(3) MEMBERS.—The members of the Council 
on Procurement Training are the chief procurement 
officers of each of the following: 
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‘‘(A) United States Customs and Border 
Protection. 
‘‘(B) The Transportation Security Admin-
istration. 
‘‘(C) The Office of Procurement Oper-
ations. 
‘‘(D) The Bureau of Immigration and Cus-
toms Enforcement. 
‘‘(E) The Federal Emergency Management 
Agency. 
‘‘(F) The Coast Guard. 
‘‘(G) 
The 
Federal 
Law 
Enforcement 
Training 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 an employee serving under a career or career-condi-
tional appointment in the competitive service or appoint-
ment of equivalent tenure in the excepted service of the 
Federal Government, at least 50 percent of whose as-
signed duties include acquisitions, procurement-related 
program management, or procurement-related oversight 
functions. 
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‘‘(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 rel-
evant 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. 890A. 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 
Office of Procurement Operations and any other 
procurement office within any agency or other com-
ponent of the Department; 
(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 
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(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 pro-
curement 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. 
(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 250 as of any time (determined 
on a full-time equivalent basis). 
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(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). 
‘‘(b) REVIEW REQUIRED.—Before awarding to a con-
tractor (including a contractor that has previously pro-
vided goods or services to the Department) a contract to 
provide goods or services to the Department, the Sec-
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retary, acting through the appropriate contracting officer 
of the Department, shall require the contractor to submit 
information regarding 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 con-
tracting officer of the Department, shall contact the rel-
evant 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. 838. 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 
Department of Homeland Security, the Chief Procurement 
Officer of the Department shall conduct an independent 
review of the procurement to ensure that it complies with 
all relevant provisions of the Buy American Act (41 
U.S.C. 10a et seq.). 
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(b) FOREIGN OWNERSHIP OR CONTROL OF CON-
TRACTORS 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 require all offerors, prospective offerors, and 
contractors to update the disclosure at any time be-
fore award of the contract or during performance of 
the contract, if the information provided becomes in-
correct 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 
foreign 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 
ownership interest in the offeror, contractor, or 
subcontractor. 
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(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 citizen 
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 regu-
lations 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 amended by adding at the end the following: 
‘‘SEC. 836. 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 affirma-
tively discloses any substantial role the offeror, the em-
ployees of the offeror, or any corporate parent or sub-
sidiary of the offeror may have played in creating a solici-
tation, request for proposal, statement of work, or state-
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ment of objectives (as those terms are defined in the Fed-
eral 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 solicita-
tion, request for proposal, statement of work, or statement 
of objectives for the Department, the Secretary shall re-
quire the offeror to submit to the Secretary a description 
of the safeguards used to ensure that precautions were 
in place to prevent the offeror from receiving information 
through such role that could be used to provide the offeror 
an undue advantage 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 
services to the Department to submit to the Sec-
retary as part of the offeror’s bid for such contract 
a certification 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 
‘‘(B) owes the Federal Government for any 
payment of any delinquent tax. 
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