(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 con-
duct or wrongdoing in accordance with the contract review 
required under subsection (a), the Inspector General shall, 
as expeditiously as practicable, refer to the Secretary of 
Homeland Security or other appropriate official in the De-
partment of Homeland Security information related to 
such improper conduct or wrongdoing for purposes of eval-
uating 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 fol-
lowing: 
‘‘(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, the Committee on 
Homeland Security and Governmental Affairs of the
Senate, and other appropriate congressional commit-
tees. 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 pre-
pared for the Committees on Appropriations of the 
House of Representatives and the Senate are sub-
mitted concurrently to the Committee on Homeland 
Security of the House of Representatives, the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate, and other appropriate congres-
sional committees.’’. 
SEC. 303. OFFICE OF THE INSPECTOR GENERAL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amount authorized by section 101, there is authorized 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. 
(b) ASSISTING THE NATIONAL CENTER FOR MISSING 
AND EXPLOITED CHILDREN.—
(1) IN GENERAL.—An Inspector General of the 
Department of Homeland Security appointed under 
section 3 or 8G of the Inspector General Act of 
1978 (5 U.S.C. App.) may authorize staff to use 
funds authorized under subsection (a) to assist the 
National Center for Missing and Exploited Children, 
upon request by the Center—
(A) by conducting reviews of inactive case 
files that the Inspector General has reason to 
believe involve a child or possible offender lo-
cated outside the United States, and to develop 
recommendations for further investigations; and 
(B) by engaging in similar activities. 
(2) LIMITATIONS.—
(A) PRIORITY.—An Inspector General may 
not permit staff to engage in activities de-
scribed in paragraph (1) if such activities will 
interfere with the duties of the Inspector Gen-
eral under the Inspector General Act of 1978 (5 
U.S.C. App.). 
(B) FUNDING.—No additional funds are 
authorized to be appropriated to carry out this 
paragraph.
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: 
‘‘SEC. 104. CONGRESSIONAL NOTIFICATION. 
‘‘(a) IN GENERAL.—The Secretary shall actively con-
sult with the congressional homeland security committees 
and other appropriate congressional committees, and shall 
keep such committees fully and currently informed with 
respect to all activities and responsibilities within the ju-
risdictions of these committees. 
‘‘(b) RELATIONSHIP TO OTHER LAW.—Nothing in 
this section affects the requirements of section 872. The 
requirements of this section supplement, and do not re-
place, the requirements of that section. 
‘‘(c) CLASSIFIED
NOTIFICATION.—The Secretary 
may submit any information required by this section in 
classified form if the information is classified pursuant to 
applicable national security standards. 
‘‘(d) SAVINGS CLAUSE.—This section shall not be 
construed to limit or otherwise affect the congressional no-
tification 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 Sen-
ate.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents 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) re-
spectively; 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;’’.
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. 
‘‘(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 
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: 
‘‘(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. 
‘‘(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.’’.
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—
(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
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
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
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
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-
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
‘‘(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
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).
(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.).
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-
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.
‘‘(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-
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;
(2) identification of any barriers that restrict 
contractors from participating in the program; 
(3) a comparison of the program with the De-
partment of Defense Mentor-Prote´ge´ Program; and 
(4) 
development 
of 
recommendations 
to 
strengthen the program to include the maximum 
number of contractors as possible. 
SEC. 409. REPORT ON SOURCE OF SHORTFALLS AT FED-
ERAL PROTECTIVE SERVICE. 
Consistent with any applicable law, the Secretary of 
Homeland Security may not conduct a reduction in force 
or furlough of the workforce of the Federal Protective 
Service until—
(1) the Comptroller General of the United 
States submits to the Committees on Homeland Se-
curity and Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate the report on the source of shortfalls at the 
Federal Protective Service that was requested by the 
Committee on Homeland Security and Governmental 
Affairs of the Senate; and 
(2) the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Com-
mittees on Homeland Security and Transportation
and Infrastructure of the House of Representatives 
have conducted hearings on such report. 
TITLE V—WORKFORCE AND 
TRAINING IMPROVEMENTS 
SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER 
PAY EQUITY. 
(a) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Government retirement system’’ 
means a retirement system established by law for 
employees of the Government of the United States. 
(2) The term ‘‘Customs and Border Protection 
Officer position’’ refers to any Customs and Border 
Protection Officer position—
(A) which is within the Department of 
Homeland Security, and 
(B) the primary duties of which consist of 
enforcing the border, customs, or agriculture 
laws of the United States; 
such term includes a supervisory or administrative 
position within the Department of Homeland Secu-
rity to which an individual transfers directly from a 
position described in the preceding provisions of this 
paragraph in which such individual served for at 
least three years.
(3) The term ‘‘law enforcement officer’’ has the 
meaning given such term under the Government re-
tirement system involved. 
(4) The term ‘‘Executive agency’’ or ‘‘agency’’ 
has the meaning given under section 105 of title 5, 
United States Code. 
(5) The term ‘‘prior qualified service’’ means 
service as a Customs and Border Protection Officer 
within the Department of Homeland Security, since 
its establishment in March 2003. 
(b) TREATMENT AS A LAW ENFORCEMENT OFFI-
CER.—In the administration of any Government retire-
ment system, service in a Customs and Border Protection 
Officer position shall be treated in the same way as service 
performed in a law enforcement officer position, subject 
to succeeding provisions of this section. 
(c) APPLICABILITY.—Subsection (b) shall apply in 
the case of—
(1) any individual first appointed to a Customs 
and Border Protection Officer position on or after 
the date of the enactment of this Act; and 
(2) any individual who—
(A) holds a Customs and Border Protec-
tion Officer position on the date of the enact-
ment of this Act pursuant to an appointment 
made before such date; and 
(B) who submits to the agency admin-
istering the retirement system involved an ap-
propriate election under this section, not later 
than five years after the date of the enactment 
of this Act or before separation from Govern-
ment service, whichever is earlier. 
(d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR QUALI-
FIED SERVICE.—
(1) IN GENERAL.—An individual described in 
subsection (c)(2)(B) may, with respect to prior 
qualified service performed by such individual, con-
tribute to the Government retirement system by 
which such individual is covered (for deposit in the 
appropriate fund within the Treasury) the difference 
between the individual contributions that were actu-
ally made for such service and the individual con-
tributions that should have been made for such serv-
ice if subsection (b) had then been in effect (with in-
terest). 
(2) EFFECT OF NOT CONTRIBUTING.—If less 
than the full contribution under paragraph (1) is 
made, all prior qualified service of the individual 
shall remain fully creditable as law enforcement offi-
cer service, but the resulting annuity (before cost-of-
living adjustments) shall be reduced in a manner 
such that, when combined with the unpaid amount, 
would result in the present value of the total being 
actuarially equivalent to the present value of the an-
nuity that would otherwise have been payable if the 
full contribution had been made. 
(e) GOVERNMENT
CONTRIBUTIONS
FOR
PRIOR 
QUALIFIED SERVICE.—
(1) IN GENERAL.—If an individual makes an 
election under subsection (c)(2)(B), the Department 
of Homeland Security shall remit, with respect to 
any prior qualified service, the total amount of addi-
tional Government contributions that would have 
been required for such service under the retirement 
system involved if subsection (b) had then been in 
effect (with interest). 
(2) CONTRIBUTIONS TO BE MADE RATABLY.—
Government contributions under this subsection on 
behalf of an individual shall be made ratably (on at 
least an annual basis) over the ten-year period be-
ginning on the date an individual’s retirement de-
ductions begin to be made. 
(f) EXEMPTION FROM MANDATORY SEPARATION.—
Effective during the three-year period beginning on the
date of the enactment of this Act, nothing in this section 
shall result in any individual being involuntarily separated 
on account of the provisions of any retirement system re-
lating to the mandatory separation of a law enforcement 
officer on account of age or age and service combined. 
(g) COMPTROLLER GENERAL REPORT.—The Comp-
troller General shall conduct a comprehensive review of the 
retirement system for law enforcement officers employed 
by the Federal Government. The review shall include all 
employees categorized as law enforcement officers for pur-
poses of retirement and any other Federal employee per-
forming law enforcement officer duties not so categorized. 
In carrying out the review, the Comptroller General shall 
review legislative proposals introduced over the 10 years 
preceding the date of the enactment of this Act that are 
relevant to the issue law enforcement retirement and con-
sult with law enforcement agencies and law enforcement 
employee representatives. Not later than August 1, 2007, 
the Comptroller General shall submit to Congress a report 
on the findings of such review. The report shall include 
each of the following: 
(1) An assessment of the reasons and goals for 
the establishment of the separate retirement system 
for law enforcement officers, as defined in section 
8331 of title 5, United States Code, including the
need for young and vigorous law enforcement offi-
cers, and whether such reasons and goals are cur-
rently appropriate. 
(2) An assessment of the more recent reasons 
given for including additional groups of employees in 
such system, including recruitment and retention, 
and whether such reasons and goals are currently 
appropriate. 
(3) A determination as to whether the system 
is achieving the goals in (1) and (2). 
(4) A summary of potential alternatives to the 
system, including increased use of bonuses, in-
creased pay, and raising the mandatory retirement 
age, and a recommendation as to which alternatives 
would best meet each goal defined in (1) and (2), in-
cluding legislative recommendations if necessary. 
(5) A recommendation for the definition of law 
enforcement officer. 
(6) An detailed review of the current system in-
cluding its mandatory retirement age and benefit ac-
crual. 
(7) A recommendation as to whether the law 
enforcement officer category should be made at the 
employee, function and duty, job classification, agen-
cy or other level, and by whom.
(8) Any other relevant information. 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to apply in the case of a reem-
ployed annuitant. 
(i) REGULATIONS.—Any regulations necessary to 
carry out this section shall be prescribed in consultation 
with the Secretary of Homeland Security. 
SEC. 502. PLAN TO IMPROVE REPRESENTATION OF MINORI-
TIES IN VARIOUS CATEGORIES OF EMPLOY-
MENT. 
(a) PLAN FOR IMPROVING REPRESENTATION OF MI-
NORITIES.—Not later than 90 days after the date of the 
enactment of this Act, the Chief Human Capital Officer 
of the Department of Homeland Security shall prepare 
and transmit to the Committee on Homeland Security and 
the Committee on Oversight and Government Reform of 
the House of Representatives, the Committee on Home-
land Security and Governmental Affairs of the Senate, 
and the Comptroller General of the United States a plan 
to achieve the objective of addressing any under represen-
tation of minorities in the various categories of civil service 
employment within such Department. Such plan shall 
identify and describe any barriers to achieving the objec-
tive described in the preceding sentence and the strategies 
and measures included in the plan to overcome them.
(b) ASSESSMENTS.—Not later than 1 year after re-
ceiving the plan, the Comptroller General of the United 
States shall assess—
(1) any programs and other measures currently 
being implemented to achieve the objective described 
in the first sentence of subsection (a); and 
(2) the likelihood that the plan will allow the 
Department to achieve such objective. 
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘under representation’’ means 
when the members of a minority group within a cat-
egory of Federal civil service employment constitute 
a lower percentage of the total number of employees 
within the employment category than the percentage 
that the minority constitutes within the labor force 
of the Federal Government, according to statistics 
issued by the Office of Personnel Management; 
(2) the term ‘‘minority groups’’ or ‘‘minorities’’ 
means—
(A) racial and ethnic minorities; 
(B) women; and 
(C) individuals with disabilities; and 
(3) the term ‘‘category of civil service employ-
ment’’ means—
(A) each pay grade, pay band, or other 
classification of every pay schedule and all other 
levels of pay applicable to the Department of 
Homeland Security; and 
(B) such occupational, professional, or 
other groupings (including occupational series) 
as the Chief Human Capital Officer of the De-
partment of Homeland Security may specify, in 
the plan described in subsection (a), in order to 
carry out the purposes of this section. 
SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL 
LAW ENFORCEMENT TRAINING CENTER TO 
APPOINT AND MAINTAIN A CADRE OF FED-
ERAL ANNUITANTS. 
Section 1202(a) of the 2002 Supplemental Appro-
priations Act for Further Recovery From and Response 
To Terrorist Attacks on the United States (42 U.S.C. 
3771 note) is amended in the first sentence by striking 
‘‘December 31, 2007’’ and inserting ‘‘December 31, 
2008’’. 
SEC. 504. AUTHORITY TO APPOINT AND MAINTAIN A CADRE 
OF FEDERAL ANNUITANTS FOR CUSTOMS 
AND BORDER PROTECTION. 
(a) DEFINITIONS.—For purposes of this section—