‘‘(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. 836. 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 
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(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 is meeting or exceeding the objective described 
in subsection (b)(2). 
(2) IDENTIFICATION OF BARRIERS.—Each ac-
tion plan shall identify and describe any barriers to 
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achieving the objective 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-
jective described in paragraph (2). 
(c) PRIORITY CONSIDERATION.— 
(1) IN GENERAL.—The Chief Procurement Offi-
cer may give priority to small business concerns for 
all open market procurements exceeding the sim-
plified acquisition threshold prior to initiating full 
and open, or unrestricted, competition. 
(2) ORDER OF PRIORITY.—In proceeding with 
priority consideration under paragraph (1), the 
Chief Procurement Officer shall consider contracting 
proposals in the following order: 
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(A) Proposals submitted by 8(a) small 
business concerns or HUBZone small business 
concerns; service-disabled veteran owned small 
business concerns; or women owned small busi-
ness concerns. 
(B) Proposals submitted by other shall 
business concerns. 
(C) Proposals submitted under full and 
open competition. 
(3) For purposes of carrying out paragraph (2) 
with respect to proposals submitted by small busi-
ness concerns described in the same subparagraph of 
paragraph (2), the Chief Procurement Officer shall 
select the appropriate category of concern based on 
market research, historical data, and progress to-
ward achieving the objective described in subsection 
(b)(2). 
(d) 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.). 
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SEC. 407. REQUIREMENT THAT UNIFORMS, PROTECTIVE 
GEAR, BADGES, AND IDENIFICATION 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 amended by adding at the end the following new section: 
‘‘SEC. 836. 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. 
‘‘(4) Identification cards. 
‘‘(c) AVAILABILITY
EXCEPTION.—Subsection (a) 
does not apply to the extent that the Secretary determines 
that satisfactory quality and sufficient quantity of the ar-
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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 micro-pur-
chase threshold (as defined in section 32 of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 
428)); and 
‘‘(2) to acquisitions outside the United States 
for use outside of the United States. 
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‘‘(e) RELATIONSHIP
TO WAIVER UNDER TRADE 
AGREEMENTS ACT OF 1979.—Subsection (a) shall apply 
notwithstanding any waiver under section 301 of the 
Trade Agreements Act of 1979 (19 U.S.C. 2511).’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of the Homeland Security Act of 2002 is amended 
by adding after the item relating to section 835 the fol-
lowing new item: 
‘‘Sec. 836. 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 Business and Disadvan-
taged Business Utilization a Mentor-Prote´ge´ Program. 
(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 the fact that their ef-
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forts to seek and develop a formal Mentor-Prote´ge´ rela-
tionship will be a factor in the evaluation of bids or offers 
for Department contracts. 
(c) FACTOR
IN EVALUATION
OF OFFERS.—When 
evaluating the offer of a contractor, the Department of 
Homeland Security shall consider 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. 
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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. 
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(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 creation 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-
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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 
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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-
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lating to the mandatory separation of a law enforcement 
officer on account of age or age and service combined. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to apply in the case of a reem-
ployed annuitant. 
(h) 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 
Governmental Affairs of the Senate, the Committee on 
Homeland Security of the House of Representatives, and 
the Government Comptroller General of the United States 
a plan to achieve the objective of addressing any under 
representation of minorities in the various categories of 
civil service employment within such Department. Such 
plan shall identify and describe any barriers to achieving 
the objective described in the preceding sentence and the 
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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 a 
situation in which the members of a minority group 
within a category of Federal civil service employment 
constitutes a lower percentage of the total number of 
employees within the employment category than the 
percentage that the minority constituted within the 
labor force of the Federal Government, according to 
statistics issued by the Office of Personnel Manage-
ment; 
(2) the term ‘‘minority groups’’ or ‘‘minorities’’ 
means— 
(A) racial and ethnic minorities; 
(B) women; and 
(C) individuals with disabilities; and 
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(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’’. 
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SEC. 504. AUTHORITY TO APPOINT AND MAINTAIN A CADRE 
OF FEDERAL ANNUITANTS FOR CUSTOMS 
AND BORDER PROTECTION. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘CBP’’ means the United States 
Customs and Border Protection; 
(2) the term ‘‘annuitant’’ means an annuitant 
under a Government retirement system; 
(3) the term ‘‘Government retirement system’’ 
has the meaning given such term by section 501(a); 
and 
(4) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code. 
(b) APPOINTMENT AUTHORITY.—The Secretary (act-
ing through the Commissioner of the United States Cus-
toms and Border Protection) may, for the purpose of ac-
celerating the ability of the CBP to secure the borders 
of the United States, appoint annuitants to positions in 
the CBP in accordance with succeeding provisions of this 
section. 
(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 
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appointment shall be exempt from sections 8344 and 8468 
of such title 5 (relating to annuities and pay on reemploy-
ment) and any other similar provision of law under a Gov-
ernment retirement system. 
(d) LIMITATIONS.—No appointment under subsection 
(b) may be made if such appointment would result in the 
displacement of any employee or would cause the total 
number of positions filled by annuitants appointed under 
such subsection to exceed 500 as of any time (determined 
on a full-time equivalent basis). 
(e) RULE OF CONSTRUCTION.—An annuitant as to 
whom an exemption under subsection (c) is in effect shall 
not be considered an employee for purposes of any Govern-
ment retirement system. 
(f) TERMINATION.—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. 505. STRENGTHENING BORDER PATROL RECRUIT-
MENT AND RETENTION. 
In order to address the recruitment and retention 
challenges faced by United States Customs and Border 
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