HR 1684 RFS
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: 
‘‘(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. 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
‘‘(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. 
‘‘(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. 836. Homeland security procurement training.’’. 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6211
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
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 
(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, except that no authority under this sub-
section shall be available unless the Secretary provides to 
Congress a certification that— 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
(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 procurement 
offices; 
(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 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
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 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. 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 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
provide goods or services to the Department, the Sec-
retary, acting through the appropriate contracting officer 
of the Department, shall require the contractor to submit 
past performance 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. 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 
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 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
all relevant provisions of the Buy American Act (41 
U.S.C. 10a et seq.). 
(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 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
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 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 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 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-
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
tation, request for proposal, statement of work, or state-
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 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
‘‘(B) owes the Federal Government for any 
payment of any delinquent tax. 
‘‘(2) FAILURE OF CERTIFICATION.—Nothing in 
this section shall prevent the Department from 
awarding a contract to an offeror based solely on the 
offeror’s certification.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing: 
‘‘Sec. 838. Integrity in contracting.’’. 
SEC. 406. SMALL BUSINESS UTILIZATION REPORT. 
(a) REPORT.—Not later than 360 days after the date 
of the enactment of this Act, the Chief Procurement Offi-
cer of the Department of Homeland Security shall submit 
to the Secretary of Homeland Security, the Committee on 
Homeland Security of the House of Representatives, and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that— 
(1) identifies each component of the Depart-
ment for which the aggregate value of contracts 
awarded in fiscal year 2006 by the component to 
qualified HUBZone small business concerns and 
small business concerns owned and controlled by 
service-disabled veterans was less than 3 percent of 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
the total value of all contracts awarded under the 
component for that fiscal year; and 
(2) identifies each component of the Depart-
ment for which the aggregate value of contracts 
awarded in fiscal year 2006 by the component to so-
cially or economically disadvantaged small business 
concerns, including 8(a) small business concerns, 
and small business concerns owned and controlled by 
women was less than 5 percent of the total value of 
all contracts awarded by the component for that fis-
cal year. 
(b) ACTION PLAN.— 
(1) ACTION PLAN REQUIRED.—Not later than 
90 days after the date of the submission of the re-
port required under subsection (a), the Chief Pro-
curement Officer, in consultation with Office of 
Small and Disadvantaged Businesses Utilization of 
the Department, shall for each component identified 
under subsection (a)(1) and (a)(2), develop, submit 
to the Committees referred to in subsection (a), and 
begin implementing an action plan for achieving the 
objective described in subsection (b)(2). An action 
plan is not required if the component meets or ex-
ceeds the objective described in subsection (b)(2). 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
(2) IDENTIFICATION OF BARRIERS.—Each ac-
tion plan shall identify and describe any barriers to 
achieving the objectives of awarding by the compo-
nent, for a fiscal year, contracts having an aggregate 
value of at least 3 percent of the total value of all 
contracts awarded by the component for the fiscal 
year to small business concerns identified under sub-
section (a)(1) and 5 percent of the total value of all 
contracts awarded by the component for the fiscal 
year to small business concerns identified under sub-
section (a)(2). 
(3) PERFORMANCE
MEASURES
AND
TIME-
TABLE.—Each action plan submitted under para-
graph (1) shall include performance measures and a 
timetable for compliance and achievement of the ob-
jectives described in paragraph (2). 
(c) DEFINITIONS.—For purposes of this section, the 
terms ‘‘small business concern’’, ‘‘socially or economically 
disadvantaged small business concern’’, ‘‘women owned 
small business concern’’, ‘‘small business concern owned 
and controlled by service-disabled veterans’’, ‘‘8(a) small 
business concerns’’, and ‘‘qualified HUBZone small busi-
ness concern’’ have the meanings given such terms under 
the Small Business Act (15 U.S.C. 631 et seq.). 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
SEC. 407. REQUIREMENT THAT UNIFORMS, PROTECTIVE 
GEAR, BADGES, AND IDENTIFICATION CARDS 
OF HOMELAND SECURITY PERSONNEL BE 
MANUFACTURED IN THE UNITED STATES. 
(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 new 
section: 
‘‘SEC. 839. REQUIREMENT THAT CERTAIN ARTICLES PRO-
CURED FOR DEPARTMENT PERSONNEL BE 
MANUFACTURED IN THE UNITED STATES. 
‘‘(a) REQUIREMENT.—Except as provided in section 
(c), funds appropriated or otherwise available to the De-
partment may not be used for the procurement of an arti-
cle described in section (b) if the item is not manufactured 
in the United States. 
‘‘(b) COVERED ARTICLES.—An article referred to in 
subsection (a) is any of the following articles procured for 
personnel of the Department: 
‘‘(1) Uniforms. 
‘‘(2) Protective gear. 
‘‘(3) Badges or other insignia indicating the 
rank, office, or position of personnel. 
‘‘(c) AVAILABILITY
EXCEPTION.—Subsection (a) 
does not apply to the extent that the Secretary determines 
that satisfactory quality and sufficient quantity of the ar-
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
ticle cannot be procured as and when needed at United 
States market prices. If such a determination is made with 
respect to an article, the Secretary shall— 
‘‘(1) notify the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate within 7 days after making the 
determination; and 
‘‘(2) include in that notification a certification 
that manufacturing the article outside the United 
States does not pose a risk to the national security 
of the United States, as well as a detailed expla-
nation of the steps any facility outside the United 
States that is manufacturing the article will be re-
quired to take to ensure that the materials, patterns, 
logos, designs, or any other element used in or for 
the article are not misappropriated. 
‘‘(d) OTHER EXCEPTIONS.—Subsection (a) does not 
apply— 
‘‘(1) to acquisitions at or below the simplified 
acquisition threshold (as defined in section 4 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 
403)); and 
‘‘(2) to acquisitions outside the United States 
for use outside of the United States. 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
‘‘(e) USE OF DOMESTIC TEXTILES.—For fiscal year 
2008 and each subsequent fiscal year, the Secretary shall 
take all available steps to ensure that, to the maximum 
extent practicable, the items described in subsection (b) 
procured by the Department are manufactured using do-
mestic textiles.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Homeland Security Act of 
2002 is amended by adding at the end of the items relat-
ing to such subtitle the following new item: 
‘‘Sec. 839. Requirement that certain articles procured for Department per-
sonnel be manufactured in the United States.’’. 
(c) APPLICABILITY.—The amendments made by this 
section take effect 120 days after the date of the enact-
ment of this Act and apply to any contract entered into 
on or after that date for the procurement of items to which 
such amendments apply. 
SEC. 408. DEPARTMENT OF HOMELAND SECURITY MENTOR- 
PROTE´ GE´ PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish within the Department of Home-
land Security’s Office of Small and Disadvantaged Busi-
ness Utilization a Mentor-Prote´ge´ Program, which shall 
motivate and encourage prime contractors that are large 
businesses to provide developmental assistance to small 
business concerns, small business concerns owned and con-
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS
HR 1684 RFS
trolled by veterans, small business concerns owned and 
controlled by service-disabled veterans, HUBZone small 
business concerns, small business concerns owned by so-
cially and economically disadvantaged individuals, and 
small business concerns owned and controlled by women. 
(b) 
PARTICIPATION
BY
CONTRACTORS
AND 
OFFERORS.—The Secretary shall take affirmative steps to 
publicize and to ensure that Department contractors and 
offerors are fully aware of and are participating in the 
Mentor-Prote´ge´ Program, including that their efforts to 
seek and develop a formal Mentor-Prote´ge´ relationship will 
be a factor in the evaluation of bids or offers for Depart-
ment contracts. 
(c) FACTOR
IN EVALUATION
OF OFFERS.—When 
evaluating the offer of a contractor, the Secretary of 
Homeland Security shall consider, among the other factors 
the Secretary deems relevant, that offeror’s efforts to seek 
and develop a formal Mentor-Prote´ge´ relationship under 
the Mentor-Prote´ge´ Program. 
(d) REVIEW BY INSPECTOR GENERAL.—The Inspec-
tor General of the Department of Homeland Security shall 
conduct a review of the Mentor-Prote´ge´ Program. Such 
review shall include— 
(1) an assessment of the program’s effective-
ness; 
VerDate Aug 31 2005 
21:56 May 11, 2007
Jkt 059200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1684.RFS
H1684
pwalker on PROD1PC71 with BILLS