U.S. Congress - Text of H.R.1684 as Referred in Senate Maritime Alien Smuggling Law Enforcement Act
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To authorize appropriations for the Department of Homeland Security for fiscal year 2008, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 23,600 | n/a | n/a |
| Reported in House | 31,777 | 187 | 35% |
| Engrossed in House | 30,849 | 257 | 38% |
| Referred in Senate | 30,704 | 5 Show Changes Hide Changes | 0% |
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HR 1684 EHRFSCommentsClose CommentsPermalink
May 11, 2007
Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink
To authorize appropriations for the Department of Homeland Security for fiscal year 2008, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Department of Homeland Security Authorization Act for Fiscal Year 2008'.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Department of Homeland Security.CommentsClose CommentsPermalink
TITLE II--POLICY AND MANAGEMENT IMPROVEMENTS
Sec. 201. Establishment of Directorate for Policy.CommentsClose CommentsPermalink
Sec. 202. Direct line authority for Chief Operating Officers.CommentsClose CommentsPermalink
Sec. 203. Comprehensive Homeland Security Review.CommentsClose CommentsPermalink
Sec. 204. Qualifications for the Under Secretary for Management.CommentsClose CommentsPermalink
Sec. 205. Sense of Congress regarding consolidation of Department headquarters.CommentsClose CommentsPermalink
Sec. 206. Required budget line item for office of counternarcotics enforcement.CommentsClose CommentsPermalink
Sec. 207. Designation of Office of Counternarcotics Enforcement as primary Department counternarcotics enforcement representative.CommentsClose CommentsPermalink
Sec. 208. Granting line authority to the Assistant Secretary for Legislative Affairs.CommentsClose CommentsPermalink
TITLE III--OVERSIGHT IMPROVEMENTS
Sec. 301. Secure border initiative financial accountability.CommentsClose CommentsPermalink
Sec. 302. Authorization Liaison Officer.CommentsClose CommentsPermalink
Sec. 303. Office of the Inspector General.CommentsClose CommentsPermalink
Sec. 304. Congressional notification requirement.CommentsClose CommentsPermalink
TITLE IV--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS
Sec. 401. Homeland security procurement training.CommentsClose CommentsPermalink
Sec. 402. Authority to appoint and maintain a cadre of Federal annuitants for procurement offices.CommentsClose CommentsPermalink
Sec. 403. Additional requirement to review past performance of contractors.CommentsClose CommentsPermalink
Sec. 404. Requirement to disclose foreign ownership or control of contractors and subcontractors.CommentsClose CommentsPermalink
Sec. 405. Integrity in contracting.CommentsClose CommentsPermalink
Sec. 406. Small business utilization report.CommentsClose CommentsPermalink
Sec. 407. Requirement that uniforms, protective gear, badges, and identification cards of Homeland Security personnel be manufactured in the United States.CommentsClose CommentsPermalink
Sec. 408. Department of Homeland Security Mentor-Protege Program.CommentsClose CommentsPermalink
Sec. 409. Report on source of shortfalls at Federal Protective Service.CommentsClose CommentsPermalink
TITLE V--WORKFORCE AND TRAINING IMPROVEMENTS
Sec. 501. Customs and Border Protection Officer pay equity.CommentsClose CommentsPermalink
Sec. 502. Plan to improve representation of minorities in various categories of employment.CommentsClose CommentsPermalink
Sec. 503. Continuation of authority for Federal law enforcement training center to appoint and maintain a cadre of Federal annuitants.CommentsClose CommentsPermalink
Sec. 504. Authority to appoint and maintain a cadre of Federal annuitants for Customs and Border Protection.CommentsClose CommentsPermalink
Sec. 505. Strengthening Border Patrol recruitment and retention.CommentsClose CommentsPermalink
Sec. 506. Limitation on reimbursements relating to certain detailees.CommentsClose CommentsPermalink
Sec. 507. Increased security screening of Homeland Security Officials.CommentsClose CommentsPermalink
Sec. 508. Authorities of Chief Security Officer.CommentsClose CommentsPermalink
Sec. 509. Departmental culture improvement.CommentsClose CommentsPermalink
Sec. 510. Homeland security education program enhancements.CommentsClose CommentsPermalink
Sec. 511. Repeal of chapter 97 of title 5, United States Code.CommentsClose CommentsPermalink
Sec. 512. Utilization of non-law enforcement Federal employees as instructors for non-law enforcement classes at the Border Patrol Training Academy.CommentsClose CommentsPermalink
Sec. 513. Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.CommentsClose CommentsPermalink
TITLE VI--BIOPREPAREDNESS IMPROVEMENTS
Sec. 601. Chief Medical Officer and Office of Health Affairs.CommentsClose CommentsPermalink
Sec. 602. Improving the material threats process.CommentsClose CommentsPermalink
Sec. 603. Study on national biodefense training.CommentsClose CommentsPermalink
Sec. 604. National Biosurveillance Integration Center.CommentsClose CommentsPermalink
Sec. 605. Risk analysis process and integrated CBRN risk assessment.CommentsClose CommentsPermalink
TITLE VII--HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS
Sec. 701. Cybersecurity and Communications.CommentsClose CommentsPermalink
Sec. 702. Cybersecurity research and development.CommentsClose CommentsPermalink
Sec. 703. Collaboration.CommentsClose CommentsPermalink
TITLE VIII--SCIENCE AND TECHNOLOGY IMPROVEMENTS
Sec. 801. Report to Congress on strategic plan.CommentsClose CommentsPermalink
Sec. 802. Centers of Excellence Program.CommentsClose CommentsPermalink
Sec. 803. National research council study of university programs.CommentsClose CommentsPermalink
Sec. 804. Streamlining of SAFETY Act and antiterrorism technology procurement processes.CommentsClose CommentsPermalink
Sec. 805. Promoting antiterrorism through International Cooperation Act.CommentsClose CommentsPermalink
Sec. 806. Availability of testing facilities and equipment.CommentsClose CommentsPermalink
TITLE IX--BORDER SECURITY IMPROVEMENTS
Sec. 901. US-VISIT.CommentsClose CommentsPermalink
Sec. 902. Shadow Wolves program.CommentsClose CommentsPermalink
Sec. 903. Cost-effective training for border patrol agents.CommentsClose CommentsPermalink
Sec. 904. Report on implementation of the student and exchange visitor program.CommentsClose CommentsPermalink
Sec. 905. Assessment of resources necessary to reduce crossing times at land ports of entry.CommentsClose CommentsPermalink
Sec. 906. Report by Government Accountability Office regarding policies and procedures of the Border Patrol.CommentsClose CommentsPermalink
Sec. 907. Report on Integrated Border Enforcement Team initiative.CommentsClose CommentsPermalink
Sec. 908. Stolen and Lost Travel Document database.CommentsClose CommentsPermalink
TITLE X--INFORMATION SHARING IMPROVEMENTS
Sec. 1001. State and local fusion center program.CommentsClose CommentsPermalink
Sec. 1002. Fusion Center Privacy and Civil Liberties Training Program.CommentsClose CommentsPermalink
Sec. 1003. Authority to appoint and maintain a cadre of Federal annuitants for the Office of Information Analysis.CommentsClose CommentsPermalink
TITLE XI--MISCELLANEOUS PROVISIONS
Sec. 1101. Rural homeland security training initiative.CommentsClose CommentsPermalink
Sec. 1102. Critical infrastructure study.CommentsClose CommentsPermalink
Sec. 1103. Terrorist watch list at high-risk critical infrastructure.CommentsClose CommentsPermalink
Sec. 1104. Authorized use of surplus military vehicles.CommentsClose CommentsPermalink
Sec. 1105. Computer capabilities to support real-time incident management.CommentsClose CommentsPermalink
Sec. 1106. Expenditure reports as a condition of homeland security grants.CommentsClose CommentsPermalink
Sec. 1107. Encouraging use of computerized training aids.CommentsClose CommentsPermalink
Sec. 1108. Metropolitan Medical Response System Program.CommentsClose CommentsPermalink
Sec. 1109. Identity fraud prevention grant program.CommentsClose CommentsPermalink
Sec. 1110. Technical corrections.CommentsClose CommentsPermalink
Sec. 1111. Citizen Corps.CommentsClose CommentsPermalink
Sec. 1112. Report regarding Department of Homeland Security implementation of Comptroller General and Inspector General recommendations regarding protection of agriculture.CommentsClose CommentsPermalink
Sec. 1113. Report regarding levee system.CommentsClose CommentsPermalink
Sec. 1114. Report on Force Multiplier Program.CommentsClose CommentsPermalink
Sec. 1115. Eligibility of State judicial facilities for State homeland security grants.CommentsClose CommentsPermalink
Sec. 1116. Data sharing.CommentsClose CommentsPermalink
Sec. 1117. Cooperative agreement with National Organization on Disability to carry out Emergency Preparedness Initiative.CommentsClose CommentsPermalink
Sec. 1118. Consideration of tourism in awarding Urban Area Security Initiative grants.CommentsClose CommentsPermalink
Sec. 1119. Study of foreign rail security practices.CommentsClose CommentsPermalink
Sec. 1120. FEMA recovery office in Florida.CommentsClose CommentsPermalink
Sec. 1121. Requirement to consult States regarding grant awards.CommentsClose CommentsPermalink
Sec. 1122. Comptroller General report on critical infrastructure.CommentsClose CommentsPermalink
Sec. 1123. Improving the nexus and fast registered traveler programs.CommentsClose CommentsPermalink
Sec. 1124. Travel documents.CommentsClose CommentsPermalink
Sec. 1125. Sense of the Congress on Interoperability.CommentsClose CommentsPermalink
Sec. 1126. Travelers Redress Inquiry Program.CommentsClose CommentsPermalink
Sec. 1127. Transportation Worker Identification Credential program.CommentsClose CommentsPermalink
Sec. 1128. Automated targeting system for persons entering or departing the United States.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. DEPARTMENT OF HOMELAND SECURITY.
There is authorized to be appropriated to the Secretary of Homeland Security for the necessary expenses of the Department of Homeland Security for fiscal year 2008, $39,863,000,000.CommentsClose CommentsPermalink
TITLE II--POLICY AND MANAGEMENT IMPROVEMENTS
SEC. 201. ESTABLISHMENT OF DIRECTORATE FOR POLICY.
(a) In General- The Homeland Security Act of 2002 (
`SEC. 401. DIRECTORATE FOR POLICY.
`(a) Establishment- There is in the Department a Directorate for Policy. The Directorate for Policy shall contain each of the following:CommentsClose CommentsPermalink
`(1) The Office of the Private Sector, which shall be administered by an Assistant Secretary for the Private Sector.CommentsClose CommentsPermalink
`(2) The Victim Assistance Officer.CommentsClose CommentsPermalink
`(3) The Tribal Security Officer.CommentsClose CommentsPermalink
`(4) The Border Community Liaison Officer.CommentsClose CommentsPermalink
`(5) Such other offices as considered necessary by the Under Secretary for Policy.CommentsClose CommentsPermalink
`(b) Under Secretary for Policy-CommentsClose CommentsPermalink
`(1) IN GENERAL- The head of the Directorate is the Under Secretary for Policy, who shall be appointed by the President, with the advice and consent of the Senate.CommentsClose CommentsPermalink
`(2) QUALIFICATIONS- No individual shall be appointed to the position of Under Secretary for Policy under paragraph (1) unless the individual has, by education and experience, demonstrated knowledge, ability, and skill in the fields of policy and strategic planning.CommentsClose CommentsPermalink
`(3) RESPONSIBILITIES- Subject to the direction and control of the Secretary, the responsibilities of the Under Secretary for Policy shall be as follows:CommentsClose CommentsPermalink
`(A) To serve as the principal policy advisor to the Secretary.CommentsClose CommentsPermalink
`(B) To provide overall direction and supervision of policy development for the programs, offices, and activities of the Department, excluding each agency that is a distinct entity within the Department.CommentsClose CommentsPermalink
`(C) To ensure that the budget of the Department (including the development of future year budgets and interaction with the Office of Management and Budget and with Congress) is compatible with the statutory and regulatory responsibilities of the Department and with the Secretary's priorities, strategic plans, and policies.CommentsClose CommentsPermalink
`(D) To conduct long-range, strategic planning for the Department, including overseeing the Comprehensive Homeland Security Review established in section 203.CommentsClose CommentsPermalink
`(E) To carry out such other responsibilities as the Secretary may determine are appropriate, consistent with this section.'.CommentsClose CommentsPermalink
(b) Ensuring Consideration of the Needs of Children-CommentsClose CommentsPermalink
(1) IN GENERAL- The Under Secretary for Policy of the Department of Homeland Security, acting through the Assistant Secretary for the Office of Policy and Development, shall ensure that all departmental policies, programs, and activities appropriately consider the needs of and impact upon children.CommentsClose CommentsPermalink
(2) SPECIFIC FUNCTIONS- The Under Secretary for Policy shall--CommentsClose CommentsPermalink
(A) coordinate with other Federal Departments and agencies to ensure that the needs of children, schools, and other child-centered facilities are sufficiently understood and incorporated into Federal, State, local, and tribal preparedness, response, and recovery plans and activities for terrorist attacks, major disasters, and other emergencies (including those involving chemical, biological, radiological, nuclear, or other explosive weapons), or other manmade disasters;CommentsClose CommentsPermalink
(B) coordinate with the Office of Grants within the Federal Emergency Management Agency to monitor the use of homeland security grants by State, local, or tribal agencies to support emergency preparedness activities for children, schools, and other child-centered facilities, and make recommendations to improve the effectiveness of such funding;CommentsClose CommentsPermalink
(C) review public awareness programs and screening policies by departmental entities, including security screening at airports, and ensure that such policies consider the needs and well-being of children; andCommentsClose CommentsPermalink
(D) ensure that all other departmental activities that affect children include consideration of the needs of children and that relevant agencies of the Department coordinate on this matter where appropriate.CommentsClose CommentsPermalink
(3) REPORT TO CONGRESS- One year after the date of the enactment of this subsection and on an annual basis thereafter, the Under Secretary for Policy shall report to the Committee on Homeland Security of the House of Representatives and to the Committee on Homeland Security and Governmental Affairs of the Senate on activities undertaken pursuant to this subsection and the resulting improvement in security for children, schools, and other child-centered facilities.CommentsClose CommentsPermalink
(c) Conforming Amendments- Such Act is further amended--CommentsClose CommentsPermalink
(1) by striking the heading for title IV and inserting the following:CommentsClose CommentsPermalink
`TITLE IV--DIRECTORATE FOR POLICY';
(2) by striking the heading for subtitle A of title IV and inserting the following:CommentsClose CommentsPermalink
`Subtitle A--Under Secretary for Policy';
(3) in section 103(a)(3), by striking `for Border and Transportation Security' and inserting `for Policy';CommentsClose CommentsPermalink
(4) in section 102(f)(9), by striking `the Directorate of Border and Transportation Security' and inserting `United States Customs and Border Protection';CommentsClose CommentsPermalink
(5) in section 411(a), by striking `under the authority of the Under Secretary for Border and Transportation Security,';CommentsClose CommentsPermalink
(6) in section 430--CommentsClose CommentsPermalink
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) by striking `The' and inserting `There is in the Department an'; andCommentsClose CommentsPermalink
(ii) by striking `shall be' and all that follows through `Security';CommentsClose CommentsPermalink
(B) in subsection (b), by striking the second sentence; andCommentsClose CommentsPermalink
(C) by striking subsection (d).CommentsClose CommentsPermalink
(7) in section 441, by striking `Under Secretary for Border and Transportation Security' and inserting `Secretary';CommentsClose CommentsPermalink
(8) in section 442(a)--CommentsClose CommentsPermalink
(A) `who--'in paragraph (2), by striking and all that follows through `(B) shall' and inserting `who shall'; andCommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking `Under Secretary for Border and Transportation Security' each place it appears and inserting `Secretary'; andCommentsClose CommentsPermalink
(ii) in subparagraph (C), by striking `Border and Transportation Security' and inserting `Policy';CommentsClose CommentsPermalink
(9) in section 443, by striking `The Under Secretary for Border and Transportation Security' and inserting `Subject to the direction and control of the Secretary, the Deputy Secretary';CommentsClose CommentsPermalink
(10) in section 444, by striking `The Under Secretary for Border and Transportation Security' and inserting `Subject to the direction and control of the Secretary, the Deputy Secretary';CommentsClose CommentsPermalink
(11) in section 472(e), by striking `or the Under Secretary for Border and Transportation Security'; andCommentsClose CommentsPermalink
(12) in section 878(e), by striking `the Directorate of Border and Transportation Security' and inserting `United States Customs and Border Protection, Immigration and Customs Enforcement'.CommentsClose CommentsPermalink
(d) Clerical Amendments- The table of contents in section 1(b) of such Act is amended--CommentsClose CommentsPermalink
(1) by striking the item relating to title IV and inserting the following:CommentsClose CommentsPermalink
`TITLE IV--DIRECTORATE FOR POLICY';
andCommentsClose CommentsPermalink
(2) by striking the items relating to subtitle A of title IV and inserting the following:CommentsClose CommentsPermalink
`Subtitle A--Under Secretary for Policy
`Sec. 401. Directorate for Policy.'.CommentsClose CommentsPermalink
SEC. 202. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.
(a) In General- Title VII of the Homeland Security Act of 2002 (
`SEC. 707. CHIEF OPERATING OFFICERS.
`(a) In General- The Chief Operating Officers of the Department include the following officials of the Department:CommentsClose CommentsPermalink
`(1) The Chief Financial Officer.CommentsClose CommentsPermalink
`(2) The Chief Procurement Officer.CommentsClose CommentsPermalink
`(3) The Chief Information Officer.CommentsClose CommentsPermalink
`(4) The Chief Human Capital Officer.CommentsClose CommentsPermalink
`(5) The Chief Administrative Officer.CommentsClose CommentsPermalink
`(6) The Chief Security Officer.CommentsClose CommentsPermalink
`(b) Coordination- The Secretary shall direct the Chief Operating Officer of each component agency to coordinate with that Officer's respective Chief Operating Officer of the Department to ensure that the component agency adheres to Government-wide laws, rules, regulations, and policies to which the Department is subject and which the Chief Operating Officer is responsible for implementing.CommentsClose CommentsPermalink
`(c) Coordination With Heads of Component Agencies- In coordinating with a Chief Operating Officer of the Department as required under subsection (b), a Chief Operating Officer of a component agency shall coordinate with the head of that component agency.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 706 the following:CommentsClose CommentsPermalink
`Sec. 707. Chief Operating Officers.'.CommentsClose CommentsPermalink
SEC. 203. COMPREHENSIVE HOMELAND SECURITY REVIEW.
(a) Comprehensive Homeland Security Review- Subtitle A of title IV of the Homeland Security Act of 2002 is further amended by adding at the end the following:CommentsClose CommentsPermalink
`SEC. 402. COMPREHENSIVE HOMELAND SECURITY REVIEW.
`(a) Requirement To Conduct Reviews- The Secretary, acting through the Under Secretary for Policy, shall conduct a comprehensive examination of the Department, to be known as the Comprehensive Homeland Security Review. The Secretary shall conduct the first such review in fiscal year 2009, and shall conduct a subsequent review in the first fiscal year in which there begins the first presidential term of a new presidential administration.CommentsClose CommentsPermalink
`(b) Purpose of Review- In each Comprehensive Homeland Security Review, the Secretary shall--CommentsClose CommentsPermalink
`(1) include a Department of Homeland Security Strategy that is consistent with the most recent National Strategy for Homeland Security prescribed by the President;CommentsClose CommentsPermalink
`(2) define sufficient personnel and appropriate organizational structure and other requirements necessary for the successful execution of the full range of missions called for in the Department of Homeland Security Strategy; andCommentsClose CommentsPermalink
`(3) identify a budget plan, acquisition strategy, procurement process, and any other resources, that are necessary to provide sufficient resources for the successful execution of the full range of missions called for in the Department of Homeland Security Strategy.CommentsClose CommentsPermalink
`(c) Conduct of Review-CommentsClose CommentsPermalink
`(1) CONSULTATION REQUIRED- The Secretary shall conduct each review required under subsection (a) in consultation with key officials of the Department, including the Assistant Secretary of the Transportation Security Administration, the Commissioner of United States Customs and Border Protection, the Director of United States Citizenship and Immigration Services, the Assistant Secretary for Immigration and Customs Enforcement, the Director of the United States Secret Service, the Administrator of the Federal Emergency Management Agency, the Director of the Federal Law Enforcement Training Center, and the Commandant of the Coast Guard.CommentsClose CommentsPermalink
`(2) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECURITY PROGRAM- The Secretary shall ensure that each review conducted under this section is consistent with the Future Years Homeland Security Program required under section 874.CommentsClose CommentsPermalink
`(d) Report to Congress and the President-CommentsClose CommentsPermalink
`(1) REPORT- The Secretary shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives, to the Committee on Homeland Security and Governmental Affairs of the Senate, and to the President a report on each Comprehensive Homeland Security Review. Each such report shall be submitted during the fiscal year following the fiscal year in which the review is conducted, but not later than the date on which the President submits to Congress the budget under
`(2) CONTENTS- Each such report shall include the following, with a focus on reducing and managing risk and in preparing for, mitigating against, responding to, and recovering from terrorist attacks, major disasters, and other emergencies:CommentsClose CommentsPermalink
`(A) A comprehensive assessment of the level of alignment between the Department of Homeland Security Strategy and the human resources, infrastructure, assets, and organizational structure of the Department.CommentsClose CommentsPermalink
`(B) An explanation of any and all underlying assumptions used in conducting the Review.CommentsClose CommentsPermalink
`(C) The human resources requirements and response capabilities of the Department as they relate to the risks of terrorist attacks, major disasters, and other emergencies.CommentsClose CommentsPermalink
`(D) The strategic and tactical air, border sea, and land capabilities and requirements to support the Department of Homeland Security Strategy.CommentsClose CommentsPermalink
`(E) The nature and appropriateness of homeland security operational capabilities, including operational scientific and technical resources and capabilities and the anticipated effects on the human resources capabilities, costs, efficiencies, resources, and planning of the Department of any technology or operational capabilities anticipated to be available during the years subsequent to the Review.CommentsClose CommentsPermalink
`(F) Any other matter the Secretary considers appropriate to include in the Review.CommentsClose CommentsPermalink
`(3) DEADLINE FOR INITIAL REPORT- Notwithstanding paragraph (1), the Secretary shall submit the first Report required under subsection (a) not later than September 30, 2010.CommentsClose CommentsPermalink
`(e) Preparations for Fiscal Year 2008 Review- In fiscal year 2008, the Under Secretary for Policy shall make all preparations for the conduct of the first Comprehensive Homeland Security Review in fiscal year 2009, including--CommentsClose CommentsPermalink
`(1) determining the tasks to be performed;CommentsClose CommentsPermalink
`(2) estimating the human, financial, and other resources required to perform each task;CommentsClose CommentsPermalink
`(3) establishing the schedule for the execution of all project tasks;CommentsClose CommentsPermalink
`(4) ensuring that these resources will be available as needed; andCommentsClose CommentsPermalink
`(5) all other preparations considered necessary by the Under Secretary.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 401 the following:CommentsClose CommentsPermalink
`Sec. 402. Comprehensive Homeland Security Review.'.CommentsClose CommentsPermalink
SEC. 204. QUALIFICATIONS FOR THE UNDER SECRETARY FOR MANAGEMENT.
(a) Qualifications- Section 701 of the Homeland Security Act of 2002 (
`(c) Qualifications- The Under Secretary for Management shall have all of the following qualifications:CommentsClose CommentsPermalink
`(1) Extensive executive level leadership and management experience in the public or private sector.CommentsClose CommentsPermalink
`(2) Strong leadership skills.CommentsClose CommentsPermalink
`(3) A demonstrated ability to manage large and complex organizations.CommentsClose CommentsPermalink
`(4) A proven record of achieving positive operational results.'.CommentsClose CommentsPermalink
(b) Deadline for Appointment; Incumbent- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall name an individual who meets the qualifications of section 701 of the Homeland Security Act (
SEC. 205. SENSE OF CONGRESS REGARDING CONSOLIDATION OF DEPARTMENT HEADQUARTERS.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the Department of Homeland Security and its component headquarters facilities are currently scattered widely throughout the National Capital Region (NCR);CommentsClose CommentsPermalink
(2) this geographic dispersal disrupts the Department's ability to operate in an efficient manner, and could impair its ability to prevent, deter, prepare for, and respond to a terrorist attack, major disaster, or other emergencies;CommentsClose CommentsPermalink
(3) the Government Accountability Office continues to list `Implementing and Transforming the Department of Homeland Security' on its `High Risk list';CommentsClose CommentsPermalink
(4) consolidating the Department's headquarters and component facilities, to the greatest extent practicable, would be an important step in facilitating the transformation and integration of the Department; andCommentsClose CommentsPermalink
(5) the President has provided funding for Department consolidation in the fiscal year 2008 budget, and has determined that the only site under the control of the Federal Government and in the NCR with the size, capacity, and security features to meet the Department of Homeland Security's minimum consolidation needs as identified in the Department of Homeland Security NCR Housing Master Plan submitted to Congress on October 24, 2006, is the West Campus of St. Elizabeths Hospital in the District of Columbia.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the consolidation of the Department and its key component headquarters on the West Campus of St. Elizabeths Hospital, to the maximum extent practicable consistent with the Department's Housing Plan as submitted to Congress in October 2006, should move forward as expeditiously as possible with all the agencies involved in this effort bearing those costs for which they are responsible.CommentsClose CommentsPermalink
SEC. 206. REQUIRED BUDGET LINE ITEM FOR OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
In each fiscal year budget request for the Department of Homeland Security, the Secretary of Homeland Security shall include a separate line item for the fiscal year for expenditures by the Office of Counternarcotics Enforcement of the Department of Homeland Security.CommentsClose CommentsPermalink
SEC. 207. DESIGNATION OF OFFICE OF COUNTERNARCOTICS ENFORCEMENT AS PRIMARY DEPARTMENT COUNTERNARCOTICS ENFORCEMENT REPRESENTATIVE.
Section 878(d)(5) of the Homeland Security Act of 2002 (
SEC. 208. GRANTING LINE AUTHORITY TO THE ASSISTANT SECRETARY FOR LEGISLATIVE AFFAIRS.
Section 701 of the Homeland Security Act of 2002 (
`(d) Authority of Assistant Secretary for Legislative Affairs Over Departmental Counterparts- The Secretary for the Department shall ensure that the Assistant Secretary for Legislative Affairs has adequate authority or the Assistant Secretary's respective counterparts in component agencies of the Department to ensure that such component agencies adhere to the laws, rules, and regulations to which the Department is subject and the departmental policies that the Assistant Secretary for Legislative Affairs is responsible for implementing.'.CommentsClose CommentsPermalink
TITLE III--OVERSIGHT IMPROVEMENTS
SEC. 301. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department 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 review under this subsection with respect to a contract action--CommentsClose CommentsPermalink
(1) not later than 60 days after the date of the initiation of the action; andCommentsClose CommentsPermalink
(2) upon the conclusion of the performance of the contract.CommentsClose CommentsPermalink
(b) Report by Inspector General- Upon completion of each review required under subsection (a), the Inspector General shall submit to the Secretary of Homeland Security a report containing the findings of the review, including 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.CommentsClose CommentsPermalink
(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 and the Committee on Oversight and Government Reform of the House of Representatives 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 Secretary has taken, or plans to take, to address the findings in such report.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) for fiscal year 2008, of the amount authorized by section 101 and in addition to the amount authorized by section 303, $5,500,000;CommentsClose CommentsPermalink
(2) for fiscal year 2009, at least 6 percent of the overall budget of the Office for that fiscal year; andCommentsClose CommentsPermalink
(3) for fiscal year 2010, at least 7 percent of the overall budget of the Office for that fiscal year.CommentsClose CommentsPermalink
(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 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 Department of Homeland Security information related to such improper conduct or wrongdoing for purposes of evaluating whether to suspend or debar the contractor.CommentsClose CommentsPermalink
SEC. 302. AUTHORIZATION LIAISON OFFICER.
Section 702 of the Homeland Security Act of 2002 (
`(d) Authorization Liaison Officer-CommentsClose CommentsPermalink
`(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 committees. The Authorization Liaison Officer shall report directly to the Chief Financial Officer.CommentsClose CommentsPermalink
`(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 concurrently 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 committees.'.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Assisting the National Center for Missing and Exploited Children-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) by conducting reviews of inactive case files that the Inspector General has reason to believe involve a child or possible offender located outside the United States, and to develop recommendations for further investigations; andCommentsClose CommentsPermalink
(B) by engaging in similar activities.CommentsClose CommentsPermalink
(2) LIMITATIONS-CommentsClose CommentsPermalink
(A) PRIORITY- An Inspector General may not permit staff to engage in activities described in paragraph (1) if such activities will interfere with the duties of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink
(B) FUNDING- No additional funds are authorized to be appropriated to carry out this paragraph.CommentsClose CommentsPermalink
SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT.
(a) In General- Title I of the Homeland Security Act of 2002 (
`SEC. 104. CONGRESSIONAL NOTIFICATION.
`(a) In General- The Secretary shall actively consult 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 jurisdictions of these committees.CommentsClose CommentsPermalink
`(b) Relationship to Other Law- Nothing in this section affects the requirements of section 872. The requirements of this section supplement, and do not replace, the requirements of that section.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(d) Savings Clause- This section shall not be construed to limit or otherwise affect the congressional notification requirements of title V of the National Security Act of 1947 (
`(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 Affairs and the Committee on Appropriations of the Senate.'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`Sec. 104. Congressional notification.'.CommentsClose CommentsPermalink
(c) Coast Guard Mission Review Report- Section 888(f)(2) of the Homeland Security Act of 2002 (
(1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F) respectively; andCommentsClose CommentsPermalink
(2) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
`(A) the Committee on Homeland Security and Governmental Affairs of the Senate;CommentsClose CommentsPermalink
`(B) the Committee on Homeland Security of the House of Representatives;'.CommentsClose CommentsPermalink
TITLE IV--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS
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:CommentsClose CommentsPermalink
`SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING.
`(a) Provision of Training- The Chief Procurement Officer shall provide homeland security procurement training to acquisition employees.CommentsClose CommentsPermalink
`(b) Responsibilities of Chief Procurement Officer- The Chief Procurement Officer shall carry out the following responsibilities:CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(2) Develop, in consultation with the Council on Procurement Training established under subsection (d), the curriculum of the homeland security procurement training to be provided.CommentsClose CommentsPermalink
`(3) Establish, in consultation with the Council on Procurement Training, training standards, requirements, and courses to be required for acquisition employees.CommentsClose CommentsPermalink
`(4) Establish an appropriate centralized mechanism to control the allocation of resources for conducting such required courses and other training and education.CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(6) Publish an annual catalog that includes a list of the acquisition education and training courses.CommentsClose CommentsPermalink
`(7) Develop a system of maintaining records of student enrollment, and other data related to students and courses conducted pursuant to this section.CommentsClose CommentsPermalink
`(c) Eligibility for Training- An acquisition employee of any entity under subsection (d)(3) may receive training provided under this section. The appropriate member of the Council on Procurement Training may direct such an employee to receive procurement training.CommentsClose CommentsPermalink
`(d) Council on Procurement Training-CommentsClose CommentsPermalink
`(1) ESTABLISHMENT- The Secretary shall establish a Council on Procurement Training to advise and make policy and curriculum recommendations to the Chief Procurement Officer.CommentsClose CommentsPermalink
`(2) CHAIR OF COUNCIL- The chair of the Council on Procurement Training shall be the Deputy Chief Procurement Officer.CommentsClose CommentsPermalink
`(3) MEMBERS- The members of the Council on Procurement Training are the chief procurement officers of each of the following:CommentsClose CommentsPermalink
`(A) United States Customs and Border Protection.CommentsClose CommentsPermalink
`(B) The Transportation Security Administration.CommentsClose CommentsPermalink
`(C) The Office of Procurement Operations.CommentsClose CommentsPermalink
`(D) The Bureau of Immigration and Customs Enforcement.CommentsClose CommentsPermalink
`(E) The Federal Emergency Management Agency.CommentsClose CommentsPermalink
`(F) The Coast Guard.CommentsClose CommentsPermalink
`(G) The Federal Law Enforcement Training Center.CommentsClose CommentsPermalink
`(H) The United States Secret Service.CommentsClose CommentsPermalink
`(I) Such other entity as the Secretary determines appropriate.CommentsClose CommentsPermalink
`(e) Acquisition Employee Defined- For purposes of this section, the term `acquisition employee' means 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 Government, at least 50 percent of whose assigned duties include acquisitions, procurement-related program management, or procurement-related oversight functions.CommentsClose CommentsPermalink
`(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 provided under this section, which shall include information about student enrollment, students who enroll but do not attend courses, graduates, certifications, and other relevant information.'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`Sec. 836. Homeland security procurement training.'.CommentsClose CommentsPermalink
SEC. 402. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR PROCUREMENT OFFICES.
(a) Definitions- For purposes of this section--CommentsClose CommentsPermalink
(1) the term `procurement office' means the Office of Procurement Operations and any other procurement office within any agency or other component of the Department;CommentsClose CommentsPermalink
(2) the term `annuitant' means an annuitant under a Government retirement system;CommentsClose CommentsPermalink
(3) the term `Government retirement system' has the meaning given such term by section 501(a); andCommentsClose CommentsPermalink
(4) the term `employee' has the meaning given such term by
(b) Appointment Authority- The Secretary (acting through the Chief Procurement Officer) may, for the purpose of supporting the Department's acquisition capabilities and enhancing contract management throughout the Department, appoint annuitants to positions in procurement offices in accordance with succeeding provisions of this section, except that no authority under this subsection shall be available unless the Secretary provides to Congress a certification that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) the request described in paragraph (1) was properly filed; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 reemployment) and any other similar provision of law under a Government retirement system.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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 Government retirement system.CommentsClose CommentsPermalink
(f) Termination of Authority- Effective 2 years after the date of the enactment of this Act--CommentsClose CommentsPermalink
(1) all authority to make appointments under subsection (b) shall cease to be available; andCommentsClose CommentsPermalink
(2) all exemptions under subsection (c) shall cease to be effective.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
`SEC. 837. REVIEW OF CONTRACTOR PAST PERFORMANCE.
`(a) Consideration of Contractor Past Performance- In awarding a contract to a contractor, the Secretary shall consider the past performance of that contractor based on the review conducted under subsection (b).CommentsClose CommentsPermalink
`(b) Review Required- Before awarding to a contractor (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 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.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`Sec. 837. Review of contractor past performance.'.CommentsClose CommentsPermalink
SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN OWNERSHIP 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 (
(b) Foreign Ownership or Control of Contractors and Subcontractors-CommentsClose CommentsPermalink
(1) DISCLOSURE OF INFORMATION- With respect to any procurement of goods or services by the Department of Homeland Security, the Secretary of Homeland Security shall require an offeror or prospective 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 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.CommentsClose CommentsPermalink
(2) FOREIGN OWNERSHIP OR CONTROL- In this subsection:CommentsClose CommentsPermalink
(A) The term `owned or controlled by a foreign person', with respect to an offeror, contractor, 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.CommentsClose CommentsPermalink
(B) The term `foreign person' means any of the following:CommentsClose CommentsPermalink
(i) A foreign government.CommentsClose CommentsPermalink
(ii) A corporation organized under the laws of a foreign country.CommentsClose CommentsPermalink
(iii) An individual who is not a citizen of the United States.CommentsClose CommentsPermalink
(3) REGULATIONS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out this subsection.CommentsClose CommentsPermalink
SEC. 405. INTEGRITY IN CONTRACTING.
(a) In General- Subtitle D of title VIII of the Homeland Security Act of 2002 (
`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 discloses 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 proposal, statement of work, or statement of objectives (as those terms are defined in the Federal Acquisition Regulation) for the Department.CommentsClose CommentsPermalink
`(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 objectives for the Department, the Secretary shall require 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.CommentsClose CommentsPermalink
`(c) Certification Requirements-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall require any offeror for any contract to provide goods or services to the Department to submit to the Secretary 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--CommentsClose CommentsPermalink
`(A) is in default on any payment of any tax to the Federal Government; orCommentsClose CommentsPermalink
`(B) owes the Federal Government for any payment of any delinquent tax.CommentsClose CommentsPermalink
`(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.'.CommentsClose CommentsPermalink
(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 following:CommentsClose CommentsPermalink
`Sec. 838. Integrity in contracting.'.CommentsClose CommentsPermalink
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 Officer 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--CommentsClose CommentsPermalink
(1) identifies each component of the Department 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; andCommentsClose CommentsPermalink
(2) identifies each component of the Department for which the aggregate value of contracts awarded in fiscal year 2006 by the component to socially 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 fiscal year.CommentsClose CommentsPermalink
(b) Action Plan-CommentsClose CommentsPermalink
(1) ACTION PLAN REQUIRED- Not later than 90 days after the date of the submission of the report required under subsection (a), the Chief Procurement 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 exceeds the objective described in subsection (b)(2).CommentsClose CommentsPermalink
(2) IDENTIFICATION OF BARRIERS- Each action plan shall identify and describe any barriers to achieving the objectives of awarding by the component, 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 subsection (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 subsection (a)(2).CommentsClose CommentsPermalink
(3) PERFORMANCE MEASURES AND TIMETABLE- Each action plan submitted under paragraph (1) shall include performance measures and a timetable for compliance and achievement of the objectives described in paragraph (2).CommentsClose CommentsPermalink
(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 business concern' have the meanings given such terms under the Small Business Act (
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 (
`SEC. 839. REQUIREMENT THAT CERTAIN ARTICLES PROCURED FOR DEPARTMENT PERSONNEL BE MANUFACTURED IN THE UNITED STATES.
`(a) Requirement- Except as provided in section (c), funds appropriated or otherwise available to the Department may not be used for the procurement of an article described in section (b) if the item is not manufactured in the United States.CommentsClose CommentsPermalink
`(b) Covered Articles- An article referred to in subsection (a) is any of the following articles procured for personnel of the Department:CommentsClose CommentsPermalink
`(1) Uniforms.CommentsClose CommentsPermalink
`(2) Protective gear.CommentsClose CommentsPermalink
`(3) Badges or other insignia indicating the rank, office, or position of personnel.CommentsClose CommentsPermalink
`(c) Availability Exception- Subsection (a) does not apply to the extent that the Secretary determines that satisfactory quality and sufficient quantity of the article 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--CommentsClose CommentsPermalink
`(1) notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate within 7 days after making the determination; andCommentsClose CommentsPermalink
`(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 explanation of the steps any facility outside the United States that is manufacturing the article will be required to take to ensure that the materials, patterns, logos, designs, or any other element used in or for the article are not misappropriated.CommentsClose CommentsPermalink
`(d) Other Exceptions- Subsection (a) does not apply--CommentsClose CommentsPermalink
`(1) to acquisitions at or below the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (
`(2) to acquisitions outside the United States for use outside of the United States.CommentsClose CommentsPermalink
`(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 domestic textiles.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by adding at the end of the items relating to such subtitle the following new item:CommentsClose CommentsPermalink
`Sec. 839. Requirement that certain articles procured for Department personnel be manufactured in the United States.'.CommentsClose CommentsPermalink
(c) Applicability- The amendments made by this section take effect 120 days after the date of the enactment 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.CommentsClose CommentsPermalink
SEC. 408. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) Establishment- The Secretary of Homeland Security shall establish within the Department of Homeland Security's Office of Small and Disadvantaged Business Utilization a Mentor-Protege 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 controlled by veterans, small business concerns owned and controlled by service-disabled veterans, HUBZone small business concerns, small business concerns owned by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.CommentsClose CommentsPermalink
(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-Protege Program, including that their efforts to seek and develop a formal Mentor-Protege relationship will be a factor in the evaluation of bids or offers for Department contracts.CommentsClose CommentsPermalink
(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-Protege relationship under the Mentor-Protege Program.CommentsClose CommentsPermalink
(d) Review by Inspector General- The Inspector General of the Department of Homeland Security shall conduct a review of the Mentor-Protege Program. Such review shall include--CommentsClose CommentsPermalink
(1) an assessment of the program's effectiveness;CommentsClose CommentsPermalink
(2) identification of any barriers that restrict contractors from participating in the program;CommentsClose CommentsPermalink
(3) a comparison of the program with the Department of Defense Mentor-Protege Program; andCommentsClose CommentsPermalink
(4) development of recommendations to strengthen the program to include the maximum number of contractors as possible.CommentsClose CommentsPermalink
SEC. 409. REPORT ON SOURCE OF SHORTFALLS AT FEDERAL 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--CommentsClose CommentsPermalink
(1) the Comptroller General of the United States submits to the Committees on Homeland Security 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; andCommentsClose CommentsPermalink
(2) the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives have conducted hearings on such report.CommentsClose CommentsPermalink
TITLE V--WORKFORCE AND TRAINING IMPROVEMENTS
SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER PAY EQUITY.
(a) Definitions- For purposes of this section:CommentsClose CommentsPermalink
(1) The term `Government retirement system' means a retirement system established by law for employees of the Government of the United States.CommentsClose CommentsPermalink
(2) The term `Customs and Border Protection Officer position' refers to any Customs and Border Protection Officer position--CommentsClose CommentsPermalink
(A) which is within the Department of Homeland Security, andCommentsClose CommentsPermalink
(B) the primary duties of which consist of enforcing the border, customs, or agriculture laws of the United States;CommentsClose CommentsPermalink
such term includes a supervisory or administrative position within the Department of Homeland Security 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.CommentsClose CommentsPermalink
(3) The term `law enforcement officer' has the meaning given such term under the Government retirement system involved.CommentsClose CommentsPermalink
(4) The term `Executive agency' or `agency' has the meaning given under
(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.CommentsClose CommentsPermalink
(b) Treatment as a Law Enforcement Officer- In the administration of any Government retirement 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.CommentsClose CommentsPermalink
(c) Applicability- Subsection (b) shall apply in the case of--CommentsClose CommentsPermalink
(1) any individual first appointed to a Customs and Border Protection Officer position on or after the date of the enactment of this Act; andCommentsClose CommentsPermalink
(2) any individual who--CommentsClose CommentsPermalink
(A) holds a Customs and Border Protection Officer position on the date of the enactment of this Act pursuant to an appointment made before such date; andCommentsClose CommentsPermalink
(B) who submits to the agency administering the retirement system involved an appropriate election under this section, not later than five years after the date of the enactment of this Act or before separation from Government service, whichever is earlier.CommentsClose CommentsPermalink
(d) Individual Contributions for Prior Qualified Service-CommentsClose CommentsPermalink
(1) IN GENERAL- An individual described in subsection (c)(2)(B) may, with respect to prior qualified service performed by such individual, contribute 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 actually made for such service and the individual contributions that should have been made for such service if subsection (b) had then been in effect (with interest).CommentsClose CommentsPermalink
(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 officer 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 annuity that would otherwise have been payable if the full contribution had been made.CommentsClose CommentsPermalink
(e) Government Contributions for Prior Qualified Service-CommentsClose CommentsPermalink
(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 additional 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).CommentsClose CommentsPermalink
(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 beginning on the date an individual's retirement deductions begin to be made.CommentsClose CommentsPermalink
(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 relating to the mandatory separation of a law enforcement officer on account of age or age and service combined.CommentsClose CommentsPermalink
(g) Comptroller General Report- The Comptroller 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 purposes of retirement and any other Federal employee performing 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 consult 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:CommentsClose CommentsPermalink
(1) An assessment of the reasons and goals for the establishment of the separate retirement system for law enforcement officers, as defined in
(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.CommentsClose CommentsPermalink
(3) A determination as to whether the system is achieving the goals in (1) and (2).CommentsClose CommentsPermalink
(4) A summary of potential alternatives to the system, including increased use of bonuses, increased pay, and raising the mandatory retirement age, and a recommendation as to which alternatives would best meet each goal defined in (1) and (2), including legislative recommendations if necessary.CommentsClose CommentsPermalink
(5) A recommendation for the definition of law enforcement officer.CommentsClose CommentsPermalink
(6) An detailed review of the current system including its mandatory retirement age and benefit accrual.CommentsClose CommentsPermalink
(7) A recommendation as to whether the law enforcement officer category should be made at the employee, function and duty, job classification, agency or other level, and by whom.CommentsClose CommentsPermalink
(8) Any other relevant information.CommentsClose CommentsPermalink
(h) Rule of Construction- Nothing in this section shall be considered to apply in the case of a reemployed annuitant.CommentsClose CommentsPermalink
(i) Regulations- Any regulations necessary to carry out this section shall be prescribed in consultation with the Secretary of Homeland Security.CommentsClose CommentsPermalink
SEC. 502. PLAN TO IMPROVE REPRESENTATION OF MINORITIES IN VARIOUS CATEGORIES OF EMPLOYMENT.
(a) Plan for Improving Representation of Minorities- 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 Homeland 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 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 strategies and measures included in the plan to overcome them.CommentsClose CommentsPermalink
(b) Assessments- Not later than 1 year after receiving the plan, the Comptroller General of the United States shall assess--CommentsClose CommentsPermalink
(1) any programs and other measures currently being implemented to achieve the objective described in the first sentence of subsection (a); andCommentsClose CommentsPermalink
(2) the likelihood that the plan will allow the Department to achieve such objective.CommentsClose CommentsPermalink
(c) Definitions- For purposes of this section--CommentsClose CommentsPermalink
(1) the term `under representation' means when the members of a minority group within a category 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;CommentsClose CommentsPermalink
(2) the term `minority groups' or `minorities' means--CommentsClose CommentsPermalink
(A) racial and ethnic minorities;CommentsClose CommentsPermalink
(B) women; andCommentsClose CommentsPermalink
(C) individuals with disabilities; andCommentsClose CommentsPermalink
(3) the term `category of civil service employment' means--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) such occupational, professional, or other groupings (including occupational series) as the Chief Human Capital Officer of the Department of Homeland Security may specify, in the plan described in subsection (a), in order to carry out the purposes of this section.CommentsClose CommentsPermalink
SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL LAW ENFORCEMENT TRAINING CENTER TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS.
Section 1202(a) of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (
SEC. 504. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR CUSTOMS AND BORDER PROTECTION.
(a) Definitions- For purposes of this section--CommentsClose CommentsPermalink
(1) the term `CBP' means the United States Customs and Border Protection;CommentsClose CommentsPermalink
(2) the term `annuitant' means an annuitant under a Government retirement system;CommentsClose CommentsPermalink
(3) the term `Government retirement system' has the meaning given such term by section 501(a); andCommentsClose CommentsPermalink
(4) the term `employee' has the meaning given such term by
(b) Appointment Authority- The Secretary (acting through the Commissioner of the United States Customs and Border Protection) may, for the purpose of accelerating 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, except that no authority under this subsection shall be available unless the Secretary provides to Congress a certification that--CommentsClose CommentsPermalink
(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 the CBP;CommentsClose CommentsPermalink
(2) the request described in paragraph (1) was properly filed; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 reemployment) and any other similar provision of law under a Government retirement system.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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 Government retirement system.CommentsClose CommentsPermalink
(f) Termination of Authority- Effective 2 years after the date of the enactment of this Act--CommentsClose CommentsPermalink
(1) all authority to make appointments under subsection (b) shall cease to be available; andCommentsClose CommentsPermalink
(2) all exemptions under subsection (c) shall cease to be effective.CommentsClose CommentsPermalink
SEC. 505. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION.
(a) In General- In order to address the recruitment and retention challenges faced by United States Customs and Border Protection, the Secretary of Homeland Security shall establish a plan, consistent with existing Federal statutes and Office of Personnel Management Regulations and Guidelines applicable to pay, recruitment, relocation, and retention of Federal law enforcement officers. Such plan shall include the following components:CommentsClose CommentsPermalink
(1) The establishment of a recruitment incentive for Border Patrol agents, including the establishment of a foreign language incentive award.CommentsClose CommentsPermalink
(2) The establishment of a retention plan, including the payment of bonuses to Border Patrol agents for every year of service after the first two years of service.CommentsClose CommentsPermalink
(3) An increase in the pay percentage differentials to Border Patrol agents in certain high-cost areas, as determined by the Secretary, consistent with entry-level pay to other Federal, State, and local law enforcement agencies.CommentsClose CommentsPermalink
(4) The establishment of a mechanism whereby Border Patrol agents can transfer from one location to another after the first two years of service in their initial duty location.CommentsClose CommentsPermalink
(5) The establishment of quarterly goals for the recruitment of new Border Patrol agents, including goals for the number of recruits entering Border Patrol training, and the number of recruits who successfully complete such training and become Border Patrol agents.CommentsClose CommentsPermalink
(b) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than the first calendar quarter after the date of the enactment of this Act and every calendar quarter thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report identifying whether the quarterly goals for the recruitment of new Border Patrol agents established under subsection (a)(5) were met, and an update on the status of recruitment efforts and attrition rates among Border Patrol agents.CommentsClose CommentsPermalink
(2) CONTENTS OF REPORT- The report required under paragraph (1) shall contain, at a minimum, the following with respect to each calendar quarter:CommentsClose CommentsPermalink
(A) The number of recruits who enter Border Patrol training.CommentsClose CommentsPermalink
(B) The number of recruits who successfully complete such training and become Border Patrol agents.CommentsClose CommentsPermalink
(C) The number of Border Patrol agents who are lost to attrition.CommentsClose CommentsPermalink
SEC. 506. LIMITATION ON REIMBURSEMENTS RELATING TO CERTAIN DETAILEES.
In the case of an individual assigned to the Department of Homeland Security as a detailee under an arrangement described in subchapter VI of chapter 33 of title 5, United States Code, the maximum reimbursement by the Department of Homeland Security which may be made under section 3374(c) of such title with respect to such individual for the period of the assignment (including for any employee benefits) may not exceed the total amount of basic pay that would have been payable for such period if such individual had been paid, at the highest rate allowable under section 5382 of such title, as a member of the Senior Executive Service.CommentsClose CommentsPermalink
SEC. 507. INCREASED SECURITY SCREENING OF HOMELAND SECURITY OFFICIALS.
(a) Review Required- Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall conduct a Department-wide review of the Department of Homeland Security security clearance and suitability review procedures for Department employees and contractors, as well as individuals in State and local government agencies and private sector entities with a need to receive classified information.CommentsClose CommentsPermalink
(b) Strengthening of Security Screening Policies-CommentsClose CommentsPermalink
(1) IN GENERAL- Based on the findings of the review conducted under subsection (a), the Secretary shall, as appropriate, take all necessary steps to strengthen the Department's security screening policies, including consolidating the security clearance investigative authority at the headquarters of the Department.CommentsClose CommentsPermalink
(2) ELEMENTS- In strengthening security screening policies under paragraph (1), the Secretary shall consider whether and where appropriate ensure that--CommentsClose CommentsPermalink
(A) all components of the Department of Homeland Security meet or exceed Federal and Departmental standards for security clearance investigations, adjudications, and suitability reviews;CommentsClose CommentsPermalink
(B) the Department has a cadre of well-trained adjudicators and the Department has in place a program to train and oversee adjudicators; andCommentsClose CommentsPermalink
(C) suitability reviews are conducted for all Department of Homeland Security employees who transfer from a component of the Department to the headquarters of the Departmental.CommentsClose CommentsPermalink
SEC. 508. AUTHORITIES OF CHIEF SECURITY OFFICER.
(a) Establishment- Title VII of the Homeland Security Act of 2002 (
`SEC. 708. CHIEF SECURITY OFFICER.
`(a) Establishment- There is in the Department a Chief Security Officer.CommentsClose CommentsPermalink
`(b) Responsibilities- The Chief Security Officer shall--CommentsClose CommentsPermalink
`(1) have responsibility for overall Department-wide security activities, including issuing and confiscating credentials, controlling access to and disposing of classified and sensitive but unclassified materials, controlling access to sensitive areas and Secured Compartmentalized Intelligence Facilities, and communicating with other government agencies on the status of security clearances and security clearance applications;CommentsClose CommentsPermalink
`(2) ensure that each component of the Department complies with Federal standards for security clearances and background investigations;CommentsClose CommentsPermalink
`(3) ensure, to the greatest extent practicable, that individuals in State and local government agencies and private sector entities with a need to receive classified information, receive the appropriate clearances in a timely fashion; andCommentsClose CommentsPermalink
`(4) perform all other functions as determined by the Secretary.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the items relating to such title the following new item:CommentsClose CommentsPermalink
`Sec. 708. Chief Security Officer.'.CommentsClose CommentsPermalink
SEC. 509. DEPARTMENTAL CULTURE IMPROVEMENT.
(a) Consideration Required- The Secretary of Homeland Security, acting through the Chief Human Capital Officer, shall consider implementing recommendations set forth in the Homeland Security Advisory Council Culture Task Force Report of January 2007.CommentsClose CommentsPermalink
(b) Identification of Terms- As part of this consideration, the Secretary, acting through the Chief Human Capital Officer, shall identify an appropriate term, as among `workforce', `personnel', and `employee', to replace `human capital' and integrate its use throughout the operations, policies, and programs of the Department of Homeland Security.CommentsClose CommentsPermalink
SEC. 510. HOMELAND SECURITY EDUCATION PROGRAM ENHANCEMENTS.
Section 845(b) of the Homeland Security Act of 2002 (
`(b) Leveraging of Existing Resources- To maximize efficiency and effectiveness in carrying out the Program, the Administrator shall use curricula modeled on existing Department-reviewed Master's Degree curricula in homeland security, including curricula pending accreditation, together with associated learning materials, quality assessment tools, digital libraries, asynchronous distance learning, video conferencing, exercise systems, and other educational facilities, including the National Domestic Preparedness Consortium, the National Fire Academy, and the Emergency Management Institute. The Administrator may develop additional educational programs, as appropriate.'.CommentsClose CommentsPermalink
SEC. 511. REPEAL OF CHAPTER 97 OF TITLE 5, UNITED STATES CODE.
(a) Repeal-CommentsClose CommentsPermalink
(1) IN GENERAL- Effective as of the date specified in section 4 of the Homeland Security Act of 2002 (
(2) REGULATIONS- Any regulations prescribed under authority of chapter 97 of title 5, United States Code, are void ab initio.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of chapters for part III of title 5, United States Code, is amended by striking the item relating to chapter 97.CommentsClose CommentsPermalink
SEC. 512. UTILIZATION OF NON-LAW ENFORCEMENT FEDERAL EMPLOYEES AS INSTRUCTORS FOR NON-LAW ENFORCEMENT CLASSES AT THE BORDER PATROL TRAINING ACADEMY.
The Director of the Federal Law Enforcement Training Center (FLETC) of the Department of Homeland Security, in consultation with the Chief of the Border Patrol, is authorized to select appropriate employees of the Federal Government other than law enforcement officers (as defined in
SEC. 513. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL PROHIBITED.
(a) Termination Prohibited-CommentsClose CommentsPermalink
(1) IN GENERAL- No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster.CommentsClose CommentsPermalink
(2) DEPLOYMENT- The prohibition in paragraph (1) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee--CommentsClose CommentsPermalink
(A) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre-existing mutual aid agreement; orCommentsClose CommentsPermalink
(B) is a volunteer firefighter who--CommentsClose CommentsPermalink
(i) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred;CommentsClose CommentsPermalink
(ii) is not a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; andCommentsClose CommentsPermalink
(iii) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster.CommentsClose CommentsPermalink
(3) LIMITATIONS- The prohibition in paragraph (1) shall not apply to an employee who--CommentsClose CommentsPermalink
(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year;CommentsClose CommentsPermalink
(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); orCommentsClose CommentsPermalink
(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time.CommentsClose CommentsPermalink
(4) WITHHOLDING OF PAY- An employer may reduce an employee's regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1).CommentsClose CommentsPermalink
(5) VERIFICATION- An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states--CommentsClose CommentsPermalink
(A) the employee responded to the emergency or major disaster in an official capacity; andCommentsClose CommentsPermalink
(B) the schedule and dates of the employee's participation in such response.CommentsClose CommentsPermalink
(6) REASONABLE NOTICE REQUIRED- An employee who may be absent from or late to the employee's employment for the purpose described in paragraph (1) shall--CommentsClose CommentsPermalink
(A) make a reasonable effort to notify the employee's employer of such absence; andCommentsClose CommentsPermalink
(B) continue to provide reasonable notifications over the course of such absence.CommentsClose CommentsPermalink
(b) Right of Action-CommentsClose CommentsPermalink
(1) RIGHT OF ACTION- An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in subsection (a) may bring, in a district court of the United States of appropriate jurisdiction, a civil action against individual's employer seeking--CommentsClose CommentsPermalink
(A) reinstatement of the individual's former employment;CommentsClose CommentsPermalink
(B) payment of back wages;CommentsClose CommentsPermalink
(C) reinstatement of benefits; andCommentsClose CommentsPermalink
(D) if the employment granted seniority rights, reinstatement of seniority rights.CommentsClose CommentsPermalink
(2) LIMITATION- The individual shall commence a civil action under this section not later than 1 year after the date of the violation of the prohibition described in subsection (a).CommentsClose CommentsPermalink
(c) Study and Report-CommentsClose CommentsPermalink
(1) STUDY- The Secretary of Labor shall conduct a study on the impact that the requirements of this section could have on the employers of volunteer firefighters or individuals who provide volunteer emergency medical services and who may be called on to respond to an emergency or major disaster.CommentsClose CommentsPermalink
(2) REPORT- Not later than 12 months after the date of the enactment of this Act, the Secretary of Labor shall submit a report of the study conducted under paragraph (1) to the Committee on Health, Education, Labor, and Pensions and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Education and the Workforce and the Committee on Small Business of the House of Representatives.CommentsClose CommentsPermalink
(d) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term `emergency' has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(2) the term `major disaster' has the meanings given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(3) the term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986;CommentsClose CommentsPermalink
(4) the term `volunteer emergency medical services' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization; andCommentsClose CommentsPermalink
(5) the term `volunteer firefighter' means an individual who is a member in good standing of a qualified volunteer fire department.CommentsClose CommentsPermalink
TITLE VI--BIOPREPAREDNESS IMPROVEMENTS
SEC. 601. CHIEF MEDICAL OFFICER AND OFFICE OF HEALTH AFFAIRS.
Section 516 of the Homeland Security Act of 2002 (
`SEC. 516. CHIEF MEDICAL OFFICER.
`(a) In General- There is in the Department a Chief Medical Officer, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall have the rank and title of Assistant Secretary for Health Affairs and Chief Medical Officer (in this section referred to as the `Chief Medical Officer').CommentsClose CommentsPermalink
`(b) Office of Health Affairs- There is in the Department an Office of Health Affairs, which shall be headed by the Chief Medical Officer.CommentsClose CommentsPermalink
`(c) Qualifications- The individual appointed as the Chief Medical Officer shall possess a demonstrated ability in and knowledge of medicine, public health, and the treatment of illnesses caused by chemical, biological, nuclear, and radiological agents.CommentsClose CommentsPermalink
`(d) Responsibilities- The Chief Medical Officer shall have the primary responsibility within the Department for medical and health issues related to the general roles, responsibilities, and operations of the Department, and terrorist attacks, major disasters, and other emergencies, including--CommentsClose CommentsPermalink
`(1) serving as the principal advisor to the Secretary and leading the Department's medical care, public health, food, water, veterinary care, and agro- security and defense responsibilities;CommentsClose CommentsPermalink
`(2) providing oversight for all medically-related actions and protocols of the Department's medical personnel;CommentsClose CommentsPermalink
`(3) administering the Department's responsibilities for medical readiness, including--CommentsClose CommentsPermalink
`(A) planning and guidance to support improvements in local training, equipment, and exercises funded by the Department; andCommentsClose CommentsPermalink
`(B) consistent with the National Response Plan established pursuant to Homeland Security Presidential Directive 8, assisting in fulfilling the Department's roles in related emergency support functions;CommentsClose CommentsPermalink
`(4) serving as the Department's primary point of contact with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments and agencies, on all matters of medical and public health to ensure coordination consistent with the National Response Plan;CommentsClose CommentsPermalink
`(5) serving as the Department's primary point of contact for State, local, tribal, and territorial governments, the medical community, and the private sector, to ensure that medical readiness and response activities are coordinated and consistent with the National Response Plan and the Secretary's incident management requirements;CommentsClose CommentsPermalink
`(6) managing the Department's biodefense and biosurveillance activities including the National Biosurveillance Integration System, and the Departments responsibilities under Project BioShield in coordination with the Under Secretary of Science and Technology as appropriate;CommentsClose CommentsPermalink
`(7) assuring that the Department's workforce has science-based policy, standards, requirements, and metrics for occupational safety and health;CommentsClose CommentsPermalink
`(8) supporting the operational requirements of the Department's components with respect to protective medicine and tactical medical support;CommentsClose CommentsPermalink
`(9) developing, in coordination with appropriate Department entities and other appropriate Federal agencies, end-to-end plans for prevention, readiness, protection, response, and recovery from catastrophic events with human, animal, agricultural, or environmental health consequences;CommentsClose CommentsPermalink
`(10) integrating into the end-to-end plans developed under paragraph (9), Department of Health and Human Services' efforts to identify and deploy medical assets (including human, fixed, and material assets) used in preparation for or response to national disasters and catastrophes, and to enable access to patient electronic medical records by medical personnel to aid treatment of displaced persons in such circumstance, in order to assure that actions of both Departments are combined for maximum effectiveness during an emergency consistent with the National Response Plan and applicable emergency support functions;CommentsClose CommentsPermalink
`(11) performing other duties relating to such responsibilities as the Secretary may require; andCommentsClose CommentsPermalink
`(12) directing and maintaining a coordinated system for medical support of the Department's operational activities.'.CommentsClose CommentsPermalink
SEC. 602. IMPROVING THE MATERIAL THREATS PROCESS.
(a) In General- Section 319F-2(c)(2)(A) of the Public Health Service Act (
(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;CommentsClose CommentsPermalink
(2) by moving each of such subclauses two ems to the right;CommentsClose CommentsPermalink
(3) by striking `(A) MATERIAL THREAT- The Homeland Security Secretary' and inserting the following:CommentsClose CommentsPermalink
`(A) MATERIAL THREAT-CommentsClose CommentsPermalink
`(i) IN GENERAL- The Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(4) by adding at the end the following clauses:CommentsClose CommentsPermalink
`(ii) USE OF EXISTING RISK ASSESSMENTS- For the purpose of satisfying the requirements of clause (i) as expeditiously as possible, the Secretary of Homeland Security shall, as practicable, utilize existing risk assessments that the Secretary of Homeland Security, in consultation with the Secretaries of Health and Human Services, Defense, and Agriculture, and the heads of other appropriate Federal agencies, considers credible.CommentsClose CommentsPermalink
`(iii) ORDER OF ASSESSMENTS-CommentsClose CommentsPermalink
`(I) GROUPINGS TO FACILITATE ASSESSMENT OF COUNTERMEASURES- In conducting threat assessments and determinations under clause (i) of chemical, biological, radiological, and nuclear agents, the Secretary of Homeland Security shall, to the extent practicable and appropriate, consider the completion of such assessments and determinations for groups of agents toward the goal of facilitating the assessment of countermeasures under paragraph (3) by the Secretary of Health and Human Services.CommentsClose CommentsPermalink
`(II) CATEGORIES OF COUNTERMEASURES- The grouping of agents under subclause (I) by the Secretary of Homeland Security shall be designed to facilitate assessments under paragraph (3) by the Secretary of Health and Human Services regarding the following two categories of countermeasures:CommentsClose CommentsPermalink
`(aa) Countermeasures that may address more than one agent identified under clause (i)(II).CommentsClose CommentsPermalink
`(bb) Countermeasures that may address adverse health consequences that are common to exposure to different agents.CommentsClose CommentsPermalink
`(III) RULE OF CONSTRUCTION- A particular grouping of agents pursuant to subclause (II) is not required under such subclause to facilitate assessments of both categories of countermeasures described in such subclause. A grouping may concern one category and not the other.CommentsClose CommentsPermalink
`(iv) DEADLINE FOR COMPLETION OF CERTAIN MATERIAL THREAT DETERMINATIONS- With respect to chemical, biological, radiological, and nuclear agents known to the Secretary of Homeland Security as of the day before the date of the enactment of this clause, and which such Secretary considers to be capable of significantly affecting national security, such Secretary shall complete the determinations under clause (i)(II) not later than December 31, 2007.CommentsClose CommentsPermalink
`(v) REPORT TO CONGRESS- Not later than 30 days after the date on which the Secretary of Homeland Security completes a material threat assessment under clause (i), the Secretary shall submit to Congress a report containing the results of such assessment.CommentsClose CommentsPermalink
`(vi) DEFINITION- For purposes of this subparagraph, the term `risk assessment' means a scientific, technically-based analysis of agents that incorporates threat, vulnerability, and consequence information.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 521(d) of the Homeland Security Act of 2002 (
(1) in paragraph (1), by striking `2006,' and inserting `2009,'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(3) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS REGARDING CERTAIN THREAT ASSESSMENTS- For the purpose of providing an additional amount to the Secretary to assist the Secretary in meeting the requirements of clause (iv) of section 319F-2(c)(2)(A) of the Public Health Service Act (relating to time frames), there are authorized to be appropriated such sums as may be necessary for fiscal year 2008, in addition to the authorization of appropriations established in paragraph (1). The purposes for which such additional amount may be expended include conducting risk assessments regarding clause (i)(II) of such section when there are no existing risk assessments that the Secretary considers credible.'.CommentsClose CommentsPermalink
SEC. 603. STUDY ON NATIONAL BIODEFENSE TRAINING.
(a) Study Required- The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Secretary for Health and Human Services, conduct a joint study to determine the staffing and training requirements for pending capital programs to construct biodefense laboratories (including agriculture and animal laboratories) at Biosafety Level 3 and Biosafety Level 4 or to expand current biodefense laboratories to such biosafety levels.CommentsClose CommentsPermalink
(b) Elements- In conducting the study, the Secretaries shall address the following:CommentsClose CommentsPermalink
(1) The number of trained personnel, by discipline and qualification level, required for existing biodefense laboratories at Biosafety Level 3 and Biosafety Level 4, including the number trained in Good Laboratory Practices (GLP).CommentsClose CommentsPermalink
(2) The number of research and support staff, including researchers, laboratory technicians, animal handlers, facility managers, facility or equipment maintainers, safety and security personnel (including biosafety, physical security, and cybersecurity personnel), and other safety personnel required to manage biodefense research efforts to combat bioterrorism at the planned biodefense laboratories described in subsection (a).CommentsClose CommentsPermalink
(3) The training required to provide the personnel described by paragraphs (1) and (2), including the type of training (whether classroom, laboratory, or field training) required, the length of training required by discipline, and the curriculum required to be developed for such training.CommentsClose CommentsPermalink
(4) Training schedules necessary to meet the scheduled openings of the biodefense laboratories described in subsection (a), including schedules for refresher training and continuing education that may be necessary for that purpose.CommentsClose CommentsPermalink
(c) Report- Not later than December 31, 2007, the Secretaries shall submit to Congress a report setting forth the results of the study conducted under this section.CommentsClose CommentsPermalink
SEC. 604. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) In General- Title III of the Homeland Security Act of 2002 (
`SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
`(a) Establishment- The Secretary shall establish a National Biosurveillance Integration Center (referred to in this section as the `NBIC') to enhance the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data related to human health, animals, plants, food, and the environment. The NBIC shall be headed by a Director.CommentsClose CommentsPermalink
`(b) Integrated Biosurveillance Network- As part of the NBIC, the Director shall develop, operate, and maintain an integrated network to detect, as early as possible, a biological event that presents a risk to the United States or the infrastructure or key assets of the United States. The network shall--CommentsClose CommentsPermalink
`(1) consolidate data from all relevant surveillance systems maintained by the Department and other governmental and private sources, both foreign and domestic, to the extent practicable; andCommentsClose CommentsPermalink
`(2) use an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events in as close to real-time as possible.CommentsClose CommentsPermalink
`(c) Responsibilities-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Director shall--CommentsClose CommentsPermalink
`(A) monitor on an ongoing basis the availability and appropriateness of candidate data feeds and solicit new surveillance systems with data that would enhance biological situational awareness or overall performance of the NBIC;CommentsClose CommentsPermalink
`(B) review and seek to improve on an ongoing basis the statistical and other analytical methods used by the NBIC;CommentsClose CommentsPermalink
`(C) establish a procedure to enable Federal, State and local government, and private sector entities to report suspicious events that could warrant further assessments by the NBIC;CommentsClose CommentsPermalink
`(D) receive and consider all relevant homeland security information; andCommentsClose CommentsPermalink
`(E) provide technical assistance, as appropriate, to all Federal, State, and local government entities and private sector entities that contribute data relevant to the operation of the NBIC.CommentsClose CommentsPermalink
`(2) ASSESSMENTS- The Director shall--CommentsClose CommentsPermalink
`(A) continuously evaluate available data for evidence of a biological event; andCommentsClose CommentsPermalink
`(B) integrate homeland security information with NBIC data to provide overall biological situational awareness and determine whether a biological event has occurred.CommentsClose CommentsPermalink
`(3) INFORMATION SHARING- The Director shall--CommentsClose CommentsPermalink
`(A) establish a mechanism for real-time communication with the National Operations Center;CommentsClose CommentsPermalink
`(B) provide integrated information to the heads of the departments and agencies with which the Director has entered into an agreement under subsection (d);CommentsClose CommentsPermalink
`(C) notify the Secretary, the head of the National Operations Center, and the heads of appropriate Federal, State, tribal, and local entities of any significant biological event identified by the NBIC;CommentsClose CommentsPermalink
`(D) provide reports on NBIC assessments to Federal, State, and local government entities, including departments and agencies with which the Director has entered into an agreement under subsection (d), and any private sector entities, as considered appropriate by the Director; andCommentsClose CommentsPermalink
`(E) use information sharing networks available to the Department for distributing NBIC incident or situational awareness reports.CommentsClose CommentsPermalink
`(d) Interagency Agreements-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall, where feasible, enter into agreements with the heads of appropriate Federal departments and agencies, including the Department of Health and Human Services, Department of Defense, the Department of Agriculture, the Department of State, the Department of Interior, and the Intelligence Community.CommentsClose CommentsPermalink
`(2) CONTENT OF AGREEMENTS- Under an agreement entered into under paragraph (1), the head of a Federal department or agency shall agree to--CommentsClose CommentsPermalink
`(A) use the best efforts of the department or agency to integrate biosurveillance information capabilities through NBIC;CommentsClose CommentsPermalink
`(B) provide timely, evaluated information to assist the NBIC in maintaining biological situational awareness for timely and accurate detection and response purposes;CommentsClose CommentsPermalink
`(C) provide connectivity for the biosurveillance data systems of the department or agency to the NBIC network under mutually agreed protocols;CommentsClose CommentsPermalink
`(D) detail, if practicable, to the NBIC department or agency personnel with relevant expertise in human, animal, plant, food, or environmental disease analysis and interpretation;CommentsClose CommentsPermalink
`(E) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable; andCommentsClose CommentsPermalink
`(F) participate in forming the strategy and policy for the operation and information sharing practices of the NBIC.CommentsClose CommentsPermalink
`(e) Notification of Director- The Secretary shall ensure that the Director is notified of homeland security information relating to any significant biological threat and receives all classified and unclassified reports related to such a threat in a timely manner.CommentsClose CommentsPermalink
`(f) Administrative Authorities-CommentsClose CommentsPermalink
`(1) PRIVACY- The Secretary shall--CommentsClose CommentsPermalink
`(A) designate the NBIC as a public health authority;CommentsClose CommentsPermalink
`(B) ensure that the NBIC complies with any applicable requirements of the Health Insurance Portability and Accountability Act of 1996; andCommentsClose CommentsPermalink
`(C) ensure that all applicable privacy regulations are strictly adhered to in the operation of the NBIC and the sharing of any information related to the NBIC.CommentsClose CommentsPermalink
`(2) COLLECTION OF INFORMATION- The NBIC, as a public health authority with a public health mission, is authorized to collect or receive health information, including such information protected under the Health Insurance Portability and Accountability Act of 1996, for the purpose of preventing or controlling disease, injury, or disability.CommentsClose CommentsPermalink
`(g) NBIC Interagency Working Group- The Director shall--CommentsClose CommentsPermalink
`(1) establish an interagency working group to facilitate interagency cooperation to advise the Director on recommendations to enhance the biosurveillance capabilities of the Department; andCommentsClose CommentsPermalink
`(2) invite officials of Federal agencies that conduct biosurveillance programs, including officials of the departments and agencies with which the Secretary has entered into an agreement under subsection (d), to participate in the working group.CommentsClose CommentsPermalink
`(h) Annual Report Required- Not later than December 31 of each year, the Secretary shall submit to Congress a report that contains each of the following:CommentsClose CommentsPermalink
`(1) A list of departments, agencies, and private or nonprofit entities participating in the NBIC and a description of the data that each entity has contributed to the NBIC during the preceding fiscal year.CommentsClose CommentsPermalink
`(2) The schedule for obtaining access to any relevant biosurveillance information not received by the NBIC as of the date on which the report is submitted.CommentsClose CommentsPermalink
`(3) A list of Federal, State, and local government entities and private sector entities that have direct or indirect access to the information that is integrated by the NBIC.CommentsClose CommentsPermalink
`(4) For any year before the NBIC is fully implemented or any year in which any major structural or institutional change is made to the NBIC, an implementation plan for the NBIC that includes cost, schedule, key milestones, and the status of such milestones.CommentsClose CommentsPermalink
`(i) Relationship to Other Departments and Agencies- The authority of the Secretary under this section shall not affect an authority or responsibility of any other Federal department or agency with respect to biosurveillance activities under any program administered by that department or agency.CommentsClose CommentsPermalink
`(j) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year.CommentsClose CommentsPermalink
`(k) Biological Event- For purposes of this section, the term `biological event' means--CommentsClose CommentsPermalink
`(1) an act of terrorism involving biological agents or toxins of known or unknown origin; orCommentsClose CommentsPermalink
`(2) a naturally occurring outbreak of an infectious disease that may be of potential national significance.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the items relating to such title the following:CommentsClose CommentsPermalink
`Sec. 316. National Biosurveillance Integration Center.'.CommentsClose CommentsPermalink
(c) Deadline for Implementation- The National Biosurveillance Integration Center required under section 316 of the Homeland Security Act of 2002, as added by subsection (a), shall be fully operational by not later than September 30, 2008.CommentsClose CommentsPermalink
SEC. 605. RISK ANALYSIS PROCESS AND INTEGRATED CBRN RISK ASSESSMENT.
(a) In General- Title III of the Homeland Security Act of 2002 (
`SEC. 317. RISK ANALYSIS PROCESS AND INTEGRATED CBRN RISK ASSESSMENT.
`(a) Risk Analysis Process- The Secretary shall develop a risk analysis process that utilizes a scientific, quantitative methodology to assess and manage risks posed by chemical, biological, radiological, and nuclear (CBRN) agents.CommentsClose CommentsPermalink
`(b) Integrated CBRN Risk Assessment- The Secretary shall use the process developed under subsection (a) to conduct a risk assessment that shall support the integration of chemical, biological, radiological, and nuclear agents.CommentsClose CommentsPermalink
`(c) Purpose- The purpose of the risk analysis process developed under subsection (a) and the integrated risk assessment conducted under subsection (b) shall be to identify high risk agents, determine how best to mitigate those risks, and guide resource allocation. Such risk analysis shall--CommentsClose CommentsPermalink
`(1) facilitate satisfaction of the requirements of section 602;CommentsClose CommentsPermalink
`(2) guide research, development, acquisition, and deployment of applicable countermeasures, including detection systems;CommentsClose CommentsPermalink
`(3) identify key knowledge gaps or vulnerabilities in the CBRN defense posture of the Department;CommentsClose CommentsPermalink
`(4) enable rebalancing and refining of investments within individual classes of threat agents as well as across such classes; andCommentsClose CommentsPermalink
`(5) support end-to-end assessments of the overall CBRN defense policy of the Department, taking into account the full spectrum of countermeasures available, including prevention, preparedness, planning, response and recovery activities, to better steer investments to strategies with the greatest potential for mitigating identified risks.CommentsClose CommentsPermalink
`(d) Risk Information-CommentsClose CommentsPermalink
`(1) CLASSES OF THREAT AGENTS- In developing the risk analysis process under subsection (a) and conducting the risk assessment under subsection (b), the Secretary shall consider risks posed by the following classes of threats:CommentsClose CommentsPermalink
`(A) Chemical threats, including--CommentsClose CommentsPermalink
`(i) toxic industrial materials and chemicals;CommentsClose CommentsPermalink
`(ii) traditional chemical warfare agents; andCommentsClose CommentsPermalink
`(iii) non-traditional agents, which are defined as novel chemical threat agents or toxicants requiring adapted countermeasures.CommentsClose CommentsPermalink
`(B) Biological threats, including--CommentsClose CommentsPermalink
`(i) traditional agents listed by the Centers of Disease Control and Prevention as Category A, B, and C pathogens and toxins;CommentsClose CommentsPermalink
`(ii) enhanced agents, which are defined as traditional agents that have been modified or selected to enhance their ability to harm human populations or circumvent current countermeasures;CommentsClose CommentsPermalink
`(iii) emerging agents, which are defined as previously unrecognized pathogens that may be naturally occurring and present a serious risk to human populations; andCommentsClose CommentsPermalink
`(iv) advanced or engineered agents, which are defined as novel pathogens or other materials of biological nature that have been artificially engineered in the laboratory to bypass traditional countermeasures or produce a more severe or otherwise enhanced spectrum of disease.CommentsClose CommentsPermalink
`(C) Nuclear and radiological threats, including fissile and other radiological material that could be incorporated into an improvised nuclear device or a radiological dispersal device or released into a wide geographic area by damage to a nuclear reactor.CommentsClose CommentsPermalink
`(D) Threats to the agriculture sector and food and water supplies.CommentsClose CommentsPermalink
`(E) Other threat agents the Secretary determines appropriate.CommentsClose CommentsPermalink
`(2) SOURCES- The risk analysis process developed under subsection (a) shall be informed by findings of the intelligence and law enforcement communities and integrated with expert input from the scientific, medical, and public health communities, including from relevant components of the Department and other Federal agencies.CommentsClose CommentsPermalink
`(3) DATA QUALITY, SPECIFICITY, AND CONFIDENCE- In developing the risk analysis process under subsection (a), the Secretary shall consider the degree of uncertainty and variability in the available scientific information and other information about the classes of threat agents under paragraph (1). An external review shall be conducted to assess the ability of the risk analysis process developed by the Secretary to address areas of large degrees of uncertainty.CommentsClose CommentsPermalink
`(4) NEW INFORMATION- The Secretary shall frequently and systematically update the risk assessment conducted under subsection (b), as needed, to incorporate emerging intelligence information or technological changes in order to keep pace with evolving threats and rapid scientific advances.CommentsClose CommentsPermalink
`(e) Methodology- The risk analysis process developed by the Secretary under subsection (a) shall--CommentsClose CommentsPermalink
`(1) consider, as variables--CommentsClose CommentsPermalink
`(A) threat, or the likelihood that a type of attack that might be attempted;CommentsClose CommentsPermalink
`(B) vulnerability, or the likelihood that an attacker would succeed; andCommentsClose CommentsPermalink
`(C) consequence, or the likely impact of an attack;CommentsClose CommentsPermalink
`(2) evaluate the consequence component of risk as it relates to mortality, morbidity, and economic effects;CommentsClose CommentsPermalink
`(3) allow for changes in assumptions to evaluate a full range of factors, including technological, economic, and social trends, which may alter the future security environment;CommentsClose CommentsPermalink
`(4) contain a well-designed sensitivity analysis to address high degrees of uncertainty associated with the risk analyses of certain CBRN agents;CommentsClose CommentsPermalink
`(5) utilize red teaming analysis to identify vulnerabilities an adversary may discover and exploit in technology, training, and operational procedures and to identify open-source information that could be used by those attempting to defeat the countermeasures; andCommentsClose CommentsPermalink
`(6) incorporate an interactive interface that makes results and limitations transparent and useful to decision makers for identifying appropriate risk management activities.CommentsClose CommentsPermalink
`(f) Coordination- The Secretary shall ensure that all risk analysis activities with respect to radiological or nuclear materials shall be conducted in coordination with the Domestic Nuclear Detection Office.CommentsClose CommentsPermalink
`(g) Timeframe; Reports to Congress-CommentsClose CommentsPermalink
`(1) INITIAL REPORT- By not later than June 2008, the Secretary shall complete the first formal, integrated, CBRN risk assessment required under subsection (b) and shall submit to Congress a report summarizing the findings of such assessment and identifying improvements that could be made to enhance the transparency and usability of the risk analysis process developed under subsection (a).CommentsClose CommentsPermalink
`(2) UPDATES TO REPORT- The Secretary shall submit to Congress updates to the findings and report in paragraph (1), when appropriate, but by not later than two years after the date on which the initial report is submitted. Such updates shall reflect improvements in the risk analysis process developed under subsection (a).'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the items relating to such title the following:CommentsClose CommentsPermalink
`Sec. 317. Risk analysis process and integrated CBRN risk assessment.'.CommentsClose CommentsPermalink
TITLE VII--HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS
SEC. 701. CYBERSECURITY AND COMMUNICATIONS.
(a) In General- Subtitle C of title II of the Homeland Security Act of 2002 (
`SEC. 226. OFFICE OF CYBERSECURITY AND COMMUNICATIONS.
`(a) In General- There shall be within the Department of Homeland Security an Office of Cybersecurity and Communications, which shall be headed by the Assistant Secretary for Cybersecurity and Communications.CommentsClose CommentsPermalink
`(b) Duty of the Assistant Secretary- The Assistant Secretary shall assist the Secretary in carrying out the responsibilities of the Department regarding cybersecurity and communications.CommentsClose CommentsPermalink
`(c) Responsibilities- The Assistant Secretary shall be responsible for overseeing preparation, situational awareness, response, reconstitution, and mitigation necessary for cybersecurity and to protect communications from terrorist attacks, major disasters, and other emergencies, including large-scale disruptions, and shall conduct the following activities to execute those responsibilities:CommentsClose CommentsPermalink
`(1) PREPARATION AND SITUATIONAL AWARENESS-CommentsClose CommentsPermalink
`(A) Establish and maintain a capability within the Department for ongoing activities to identify threats to critical information infrastructure to aid in detection of vulnerabilities and warning of potential acts of terrorism and other attacks.CommentsClose CommentsPermalink
`(B) Conduct risk assessments on critical information infrastructure with respect to acts of terrorism and other large-scale disruptions, identify and prioritize vulnerabilities in critical information infrastructure, and coordinate the mitigation of such vulnerabilities.CommentsClose CommentsPermalink
`(C) Develop a plan for the continuation of critical information operations in the event of a cyber attack or other large-scale disruption of the information infrastructure of the United States.CommentsClose CommentsPermalink
`(D) Oversee an emergency communications system in the event of an act of terrorism or other large-scale disruption of the information infrastructure of the United States.CommentsClose CommentsPermalink
`(2) RESPONSE AND RECONSTITUTION-CommentsClose CommentsPermalink
`(A) Define what qualifies as a cyber incident of national significance for purposes of the National Response Plan.CommentsClose CommentsPermalink
`(B) Ensure that the Department's priorities, procedures, and resources are in place to reconstitute critical information infrastructures in the event of an act of terrorism or other large-scale disruption.CommentsClose CommentsPermalink
`(3) MITIGATION-CommentsClose CommentsPermalink
`(A) Develop a national cybersecurity awareness, training, and education program that promotes cybersecurity awareness within the Federal Government and throughout the Nation.CommentsClose CommentsPermalink
`(B) Consult and coordinate with the Under Secretary for Science and Technology on cybersecurity research and development to strengthen critical information infrastructure against acts of terrorism and other large-scale disruptions.CommentsClose CommentsPermalink
`(d) Definition- In this section the term `critical information infrastructure' means systems and assets, whether physical or virtual, used in processing, transferring, and storing information so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting at the end of the items relating to subtitle C of title II the following:CommentsClose CommentsPermalink
`Sec. 226. Office of Cybersecurity and Communications.'.CommentsClose CommentsPermalink
SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) In General- The Under Secretary for Science and Technology shall support research, development, testing, evaluation, and transition of cybersecurity technology, including fundamental, long-term research to improve the ability of the United States to prevent, protect against, detect, respond to, and recover from acts of terrorism and cyber attacks, with emphasis on research and development relevant to large-scale, high-impact attacks.CommentsClose CommentsPermalink
(b) Activities- The research and development supported under subsection (a) shall include work to--CommentsClose CommentsPermalink
(1) advance the development and accelerate the deployment of more secure versions of fundamental Internet protocols and architectures, including for the domain name system and routing protocols;CommentsClose CommentsPermalink
(2) improve and create technologies for detecting attacks or intrusions, including monitoring technologies;CommentsClose CommentsPermalink
(3) improve and create mitigation and recovery methodologies, including techniques for containment of attacks and development of resilient networks and systems that degrade gracefully;CommentsClose CommentsPermalink
(4) develop and support infrastructure and tools to support cybersecurity research and development efforts, including modeling, testbeds, and data sets for assessment of new cybersecurity technologies;CommentsClose CommentsPermalink
(5) assist the development and support of technologies to reduce vulnerabilities in process control systems (PCS); andCommentsClose CommentsPermalink
(6) test, evaluate, and facilitate the transfer of technologies associated with the engineering of less vulnerable software and securing the IT software development lifecycle.CommentsClose CommentsPermalink
(c) Coordination- In carrying out this section, the Under Secretary for Science and Technology shall coordinate activities with--CommentsClose CommentsPermalink
(1) the Assistant Secretary for Cybersecurity and Communications; andCommentsClose CommentsPermalink
(2) other Federal agencies, including the National Science Foundation, the Defense Advanced Research Projects Agency, the Information Assurance Directorate of the National Security Agency, the National Institute of Standards and Technology, the Department of Commerce, and other appropriate working groups established by the President to identify unmet needs and cooperatively support activities, as appropriate.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- Of the amount authorized by section 101, there is authorized to be appropriated for the Department of Homeland Security for fiscal year 2008, $50,000,000, for the cybersecurity research and development activities of the Directorate for Science and Technology to prevent, detect, and respond to acts of terrorism and other large-scale disruptions to information infrastructure.CommentsClose CommentsPermalink
SEC. 703. COLLABORATION.
In carrying out this title, the Assistant Secretary of Homeland Security for Cybersecurity and Communications shall collaborate with any Federal entity that, under law, has authority over the activities set forth in this title.CommentsClose CommentsPermalink
TITLE VIII--SCIENCE AND TECHNOLOGY IMPROVEMENTS
SEC. 801. REPORT TO CONGRESS ON STRATEGIC PLAN.
Not later than 120 days after the date of enactment of this Act, the Under Secretary for Science and Technology shall transmit to Congress the strategic plan described in section 302(2) of the Homeland Security Act of 2002 (
(1) a strategy to enhance the Directorate for Science and Technology workforce, including education and training programs, improving morale, minimizing turnover, strengthening workforce recruitment, and securing institutional knowledge;CommentsClose CommentsPermalink
(2) the Department policy describing the procedures by which the Directorate for Science and Technology hires and administers assignments to individuals assigned to the Department as detailees under an arrangement described in subchapter VI of chapter 33 of title 5, United States Code;CommentsClose CommentsPermalink
(3) the Department policy governing the responsibilities of the Under Secretary for Science and Technology, the Under Secretary for Policy, and the Under Secretary for Management, and the operational components of the Department regarding research, development, testing, evaluation, and procurement of homeland security technologies;CommentsClose CommentsPermalink
(4) a description of the methodology by which research, development, testing, and evaluation is prioritized and funded by the Directorate for Science and Technology;CommentsClose CommentsPermalink
(5) a description of the performance measurements to be used or a plan to develop performance measurements that can be used to annually evaluate the Directorate for Science and Technology's activities, mission performance, and stewardship of resources;CommentsClose CommentsPermalink
(6) a plan for domestic and international coordination of all related programs and activities within the Department and throughout Federal agencies, State, local, and tribal governments, the emergency responder community, industry, and academia;CommentsClose CommentsPermalink
(7) a plan for leveraging the expertise of the National Laboratories, the process for allocating funding to the National Laboratories, and a plan for fulfilling existing National Laboratory infrastructure commitments to maintain current capabilities and meet mission needs; andCommentsClose CommentsPermalink
(8) a strategy for the Homeland Security Advanced Research Projects Agency that includes--CommentsClose CommentsPermalink
(A) a mission statement;CommentsClose CommentsPermalink
(B) a description of the Department's high risk and high payoff research, development, test, and evaluation strategy; andCommentsClose CommentsPermalink
(C) internal policies designed to encourage innovative solutions.CommentsClose CommentsPermalink
SEC. 802. CENTERS OF EXCELLENCE PROGRAM.
(a) Authorization of Appropriations- Of the amount authorized by section 101, there is authorized to be appropriated to the Secretary of Homeland Security for carrying out the Centers of Excellence Program $31,000,000 for fiscal year 2008 such that each center that received funding in fiscal year 2007 shall receive, at a minimum, the same amount it received in fiscal year 2007.CommentsClose CommentsPermalink
(b) Minority Serving Institutions Program- Of the amount authorized by section 101, there is authorized to be appropriated to the Secretary of Homeland Security for carrying out the Minority Serving Institutions Program $8,000,000 for fiscal year 2008.CommentsClose CommentsPermalink
(c) Centers of Excellence Program Participation-CommentsClose CommentsPermalink
(1) REQUIREMENT- If, by the date of the enactment of this Act, the Secretary of Homeland Security has not selected a Minority Serving Institution to participate as a Center of Excellence under the Department of Homeland Security Centers of Excellence Program, at least one of the next four Centers of Excellence selected after the date of enactment of this Act shall be an otherwise eligible applicant that is a Minority Serving Institution.CommentsClose CommentsPermalink
(2) MINORITY SERVING INSTITUTION DEFINED- In this subsection the term `Minority Serving Institution' means--CommentsClose CommentsPermalink
(A) an historically black college or university that receives assistance under part B of title III of the Higher Education Act of 1965 (
(B) an Hispanic-serving institution (as that term is defined in section 502 of the Higher Education Act of 1965 (
(C) a tribally controlled college or university (as that term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (
SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNIVERSITY PROGRAMS.
(a) Study- Not later than 3 months after the date of enactment of this Act, the Under Secretary for Science and Technology of the Department of Homeland Security shall seek to enter into an agreement with the National Research Council of the National Academy of Sciences to conduct a study to assess the University Programs of the Department, with an emphasis on the Centers of Excellence Program and the future plans for these programs, and make recommendations for appropriate improvements.CommentsClose CommentsPermalink
(b) Subjects- The study shall include--CommentsClose CommentsPermalink
(1) a review of key areas of study needed to support the homeland security mission, and criteria that should be utilized to determine those key areas for which the Department should maintain or establish Centers of Excellence;CommentsClose CommentsPermalink
(2) a review of selection criteria and weighting of such criteria for Centers of Excellence;CommentsClose CommentsPermalink
(3) an examination of the optimal role of Centers of Excellence in supporting the mission of the Directorate of Science and Technology and the most advantageous relationship between the Centers of Excellence and the Directorate and the Department components the Directorate serves;CommentsClose CommentsPermalink
(4) an examination of the length of time the Centers of Excellence should be awarded funding and the frequency of the review cycle in order to maintain such funding, particularly given their focus on basic, long term research;CommentsClose CommentsPermalink
(5) identification of the most appropriate review criteria and metrics to measure demonstrable progress, and mechanisms for delivering and disseminating the research results of established Centers of Excellence within the Department, and to other Federal, State, and local agencies;CommentsClose CommentsPermalink
(6) an examination of the means by which academic institutions that are not designated or associated with Centers of Excellence can optimally contribute to the research mission of the Directorate;CommentsClose CommentsPermalink
(7) an assessment of the interrelationship between the different University Programs; andCommentsClose CommentsPermalink
(8) a review of any other essential elements of the University Programs to be determined in the conduct of the study.CommentsClose CommentsPermalink
(c) Report- The Under Secretary for Science and Technology shall transmit a report containing the results of the study and recommendations required by subsection (a) and the Under Secretary's response to the recommendations, to the appropriate Congressional committees not later than 24 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- Of the amount authorized in section 101, there is authorized to be appropriated to carry out this section $500,000.CommentsClose CommentsPermalink
SEC. 804. STREAMLINING OF SAFETY ACT AND ANTITERRORISM TECHNOLOGY PROCUREMENT PROCESSES.
(a) Personnel- The Secretary of Homeland Security shall ensure that, in addition to any personnel engaged in technical evaluations that may be appropriate, a sufficient number of full-time equivalent personnel, who are properly trained and qualified to apply legal, economic, and risk analyses, are involved in the review and prioritization of antiterrorism technologies for the purpose of determining whether such technologies may be designated by the Secretary as qualified antiterrorism technologies under section 862(b) of the SAFETY Act (
(b) Coordination Within Department of Homeland Security- The Secretary of Homeland Security shall--CommentsClose CommentsPermalink
(1) establish a formal coordination process that includes the official of the Department of Homeland Security with primary responsibility for the implementation of the SAFETY Act, the Chief Procurement Officer of the Department, the Under Secretary for Science and Technology, the Under Secretary for Policy, and the Department of Homeland Security General Counsel to ensure the application of the litigation and risk management provisions of the SAFETY Act to antiterrorism technologies procured by the Department; andCommentsClose CommentsPermalink
(2) promote awareness and utilization of the litigation and risk management provisions of the SAFETY Act in the procurement of antiterrorism technologies.CommentsClose CommentsPermalink
(c) Issuance of Departmental Directive- The Secretary of Homeland Security shall, in accordance with the final rule implementing the SAFETY Act, issue a Departmental management directive providing for coordination between Department procurement officials and any other Department official responsible for implementing the SAFETY Act in advance of any Department procurement of an antiterrorism technology, as required under subsection (b).CommentsClose CommentsPermalink
SEC. 805. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT.
(a) In General- Title III of the Homeland Security Act of 2002 (
`SEC. 319. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM.
`(a) Definitions- In this section:CommentsClose CommentsPermalink
`(1) DIRECTOR- The term `Director' means the Director selected under subsection (b)(2).CommentsClose CommentsPermalink
`(2) INTERNATIONAL COOPERATIVE ACTIVITY- The term `international cooperative activity' includes--CommentsClose CommentsPermalink
`(A) coordinated research projects, joint research projects, or joint ventures;CommentsClose CommentsPermalink
`(B) joint studies or technical demonstrations;CommentsClose CommentsPermalink
`(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops;CommentsClose CommentsPermalink
`(D) training of scientists and engineers;CommentsClose CommentsPermalink
`(E) visits and exchanges of scientists, engineers, or other appropriate personnel;CommentsClose CommentsPermalink
`(F) exchanges or sharing of scientific and technological information; andCommentsClose CommentsPermalink
`(G) joint use of laboratory facilities and equipment.CommentsClose CommentsPermalink
`(b) Science and Technology Homeland Security International Cooperative Programs Office-CommentsClose CommentsPermalink
`(1) ESTABLISHMENT- The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office.CommentsClose CommentsPermalink
`(2) DIRECTOR- The Office shall be headed by a Director, who--CommentsClose CommentsPermalink
`(A) shall be selected by and shall report to the Under Secretary; andCommentsClose CommentsPermalink
`(B) may be an officer of the Department serving in another position.CommentsClose CommentsPermalink
`(3) RESPONSIBILITIES-CommentsClose CommentsPermalink
`(A) DEVELOPMENT OF MECHANISMS- The Director shall be responsible for developing, in consultation with the Department of State, understandings or agreements that allow and support international cooperative activity in support of homeland security research, development, and comparative testing.CommentsClose CommentsPermalink
`(B) PRIORITIES- The Director shall be responsible for developing, in coordination with the Directorate of Science and Technology, the other components of the Department of Homeland Security, and other Federal agencies, strategic priorities for international cooperative activity in support of homeland security research, development, and comparative testing.CommentsClose CommentsPermalink
`(C) ACTIVITIES- The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses, federally funded research and development centers, and universities.CommentsClose CommentsPermalink
`(D) IDENTIFICATION OF PARTNERS- The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities.CommentsClose CommentsPermalink
`(4) COORDINATION- The Director shall ensure that the activities under this subsection are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies.CommentsClose CommentsPermalink
`(5) CONFERENCES AND WORKSHOPS- The Director may hold international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals.CommentsClose CommentsPermalink
`(c) International Cooperative Activities-CommentsClose CommentsPermalink
`(1) AUTHORIZATION- The Under Secretary is authorized to carry out international cooperative activities to support the responsibilities specified under section 302.CommentsClose CommentsPermalink
`(2) MECHANISMS AND EQUITABILITY- In carrying out this section, the Under Secretary may award grants to and enter into cooperative agreements or contracts with United States governmental organizations, businesses (including small businesses and small and disadvantaged businesses), federally funded research and development centers, institutions of higher education, and foreign public or private entities. The Under Secretary shall ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complementary activities, or through provision of staff, facilities, materials, or equipment.CommentsClose CommentsPermalink
`(3) LOANS OF EQUIPMENT- The Under Secretary may make or accept loans of equipment for research and development and comparative testing purposes.CommentsClose CommentsPermalink
`(4) COOPERATION- The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies.CommentsClose CommentsPermalink
`(5) FOREIGN PARTNERS- Partners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism, as appropriate.CommentsClose CommentsPermalink
`(6) EXOTIC DISEASES- As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Chief Medical Officer, may facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including nations in Africa, to strengthen American preparedness against threats to the Nation's agricultural and public health sectors from exotic diseases.CommentsClose CommentsPermalink
`(d) Budget Allocation- There is authorized to be appropriated to the Secretary, to be derived from amounts otherwise authorized for the Directorate of Science and Technology, $25,000,000 for each of the fiscal years 2008 through 2011 for activities under this section.CommentsClose CommentsPermalink
`(e) Foreign Reimbursements- Whenever the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share of the project may, subject to the availability of appropriations for such purpose, be credited to appropriate current appropriations accounts of the Directorate of Science and Technology.CommentsClose CommentsPermalink
`(f) Report to Congress on International Cooperative Activities-CommentsClose CommentsPermalink
`(1) INITIAL REPORT- Not later than 180 days after the date of enactment of this section, the Under Secretary, acting through the Director, shall transmit to the Congress a report containing--CommentsClose CommentsPermalink
`(A) a brief description of each partnership formed under subsection (b)(4), including the participants, goals, and amount and sources of funding; andCommentsClose CommentsPermalink
`(B) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding.CommentsClose CommentsPermalink
`(2) UPDATES- At the end of the fiscal year that occurs 5 years after the transmittal of the report under subsection (a), and every 5 years thereafter, the Under Secretary, acting through the Director, shall transmit to the Congress an update of the report required under subsection (a).'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents for the Homeland Security Act of 2002 is further amended by adding at the end of the items relating to such title the following new item:CommentsClose CommentsPermalink
`Sec. 319. Promoting antiterrorism through international cooperation program.'.CommentsClose CommentsPermalink
SEC. 806. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.
(a) Authority- The Under Secretary for Science and Technology or his designee may make available to any person or entity, for an appropriate fee, the services of any Department of Homeland Security owned and operated center, or other testing facility for the testing of materials, equipment, models, computer software, and other items designed to advance the homeland security mission.CommentsClose CommentsPermalink
(b) Interference With Federal Programs- The Under Secretary for Science and Technology shall ensure that the testing of materiel and other items not owned by the Government shall not cause government personnel or other government resources to be diverted from scheduled tests of Government materiel or otherwise interfere with Government mission requirements.CommentsClose CommentsPermalink
(c) Confidentiality of Test Results- The results of tests performed with services made available under subsection (a) and any associated data provided by the person or entity for the conduct of such tests are trade secrets or commercial or financial information that is privileged or confidential within the meaning of
(d) Fees- The fees for exercising the authorities under subsection (a) may not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.CommentsClose CommentsPermalink
(e) Use of Fees- The fees for exercising the authorities under subsection (a) shall be credited to the appropriations or other funds of the Directorate of Science and Technology.CommentsClose CommentsPermalink
(f) Operational Plan- Not later than 90 days after the date of the enactment of this Act, the Under Secretary for Science and Technology shall submit to Congress a report detailing a plan for operating a program that would allow any person or entity, for an appropriate feel, to use any center or testing facility owned and operated by the Department of Homeland Security for testing of materials, equipment, models, computer software, and other items designed to advance the homeland security mission. The plan shall include--CommentsClose CommentsPermalink
(1) a list of the facilities and equipment that could be made available to such persons or entities;CommentsClose CommentsPermalink
(2) a five-year budget plan, including the costs for facility construction, staff training, contract and legal fees, equipment maintenance and operation, and any incidental costs associated with the program;CommentsClose CommentsPermalink
(3) A five-year estimate of the number of users and fees to be collected;CommentsClose CommentsPermalink
(4) a list of criteria for selecting private-sector users from a pool of applicants, including any special requirements for foreign applicants; andCommentsClose CommentsPermalink
(5) an assessment of the effect the program would have on the ability of a center or testing facility to meet its obligations under other Federal programs.CommentsClose CommentsPermalink
(g) Report to Congress- The Under Secretary for Science and Technology shall submit to Congress an annual report containing a list of the centers and testing facilities that have collected fees under this section, the amount of fees collected, a brief description of each partnership formed under this section, and the purpose for which the testing was conducted.CommentsClose CommentsPermalink
(h) GAO- Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to Congress an assessment of the implementation of this section.CommentsClose CommentsPermalink
TITLE IX--BORDER SECURITY IMPROVEMENTS
SEC. 901. US-VISIT.
(a) In General- Not later than 7 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, the comprehensive strategy required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 for the biometric entry and exit data system (commonly referred to as the United States Visitor and Immigrant Status Indicator Technology program or US-VISIT) established under the section and other laws described in subsection (b) of such section. The comprehensive strategy shall include an action plan for full implementation of the biometric exit component of US-VISIT, as required under subsection (d) of section 7208 of such Act.CommentsClose CommentsPermalink
(b) Contents- The comprehensive strategy and action plan referred to in subsection (a) shall, at a minimum, include the following:CommentsClose CommentsPermalink
(1) An explanation of how US-VISIT will allow law enforcement officials to identify individuals who overstay their visas.CommentsClose CommentsPermalink
(2) A description of biometric pilot projects, including the schedule for testing, locations, cost estimates, resources needed, and performance measures.CommentsClose CommentsPermalink
(3) An implementation schedule for deploying future biometric exit capabilities at all air, land, and sea ports of entry.CommentsClose CommentsPermalink
(4) The actions the Secretary plans to take to accelerate the full implementation of the biometric exit component of US-VISIT at all air, land, and sea ports of entry.CommentsClose CommentsPermalink
(c) Airport and Seaport Exit Implementation- Not later than December 31, 2008, the Secretary of Homeland Security shall complete the exit portion of the biometric entry and exit data system referred to in subsection (a) for aliens arriving in or departing from the United States at an airport or seaport.CommentsClose CommentsPermalink
(d) Prohibition on Transfer- The Secretary of Homeland Security shall not transfer to the National Protection and Programs Directorate of the Department of Homeland Security the office of the Department that carries out the biometric entry and exit data system referred to in subsection (a) until the Secretary submits to the committees specified in such subsection the action plan referred to in such subsection for full implementation of the biometric exit component of US-VISIT at all ports of entry.CommentsClose CommentsPermalink
SEC. 902. SHADOW WOLVES PROGRAM.
Of the amount authorized by section 101, there is authorized to be appropriated $4,100,000 for fiscal year 2008 for the Shadow Wolves program.CommentsClose CommentsPermalink
SEC. 903. COST-EFFECTIVE TRAINING FOR BORDER PATROL AGENTS.
(a) In General- The Secretary of Homeland Security shall take such steps as may be necessary to control the costs of hiring, training, and deploying new Border Patrol agents, including--CommentsClose CommentsPermalink
(1) permitting individuals who are in training to become Border Patrol agents to waive certain course requirements of such training if such individuals have earlier satisfied such requirements in a similar or comparable manner as determined by the Secretary; andCommentsClose CommentsPermalink
(2) directing the Office of Inspector General to conduct a review of the costs and feasibility of training new Border Patrol agents at Federal training centers, including the Federal Law Enforcement Training Center facility in Charleston, South Carolina, and the HAMMER facility in Hanford, Washington, and at training facilities operated by State and local law enforcement academies, non-profit entities, and private entities, including institutions in the southwest border region, as well as the use of all of the above to conduct portions of such training.CommentsClose CommentsPermalink
(b) Limitation on Per-Agent Cost of Training-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall take such steps as may be necessary to ensure that the fiscal year 2008 per-agent cost of hiring, training, and deploying each new Border Patrol agent does not exceed $150,000.CommentsClose CommentsPermalink
(2) EXCEPTION AND CERTIFICATION- If the Secretary determines that the per-agent cost referred to in paragraph (1) exceeds $150,000, the Secretary shall promptly submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a certification explaining why such per-agent cost exceeds such amount.CommentsClose CommentsPermalink
SEC. 904. REPORT ON IMPLEMENTATION OF THE STUDENT AND EXCHANGE VISITOR PROGRAM.
Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report to update the Government Accountability Office report of June 18, 2004, GAO-04-690, on the Student and Exchange Visitor Program (referred to in this section as `SEVP') and specifically the Student and Exchange Visitor Information System (referred to in this section as `SEVIS'). The report shall include the following information:CommentsClose CommentsPermalink
(1) The rate of compliance with the current SEVIS requirements by program sponsors and educational institutions, including non-academic institutions authorized to admit students under SEVIS.CommentsClose CommentsPermalink
(2) Whether there are differences in compliance rates among different types and sizes of institutions participating in SEVIS.CommentsClose CommentsPermalink
(3) Whether SEVIS adequately ensures that each covered foreign student or exchange visitor in nonimmigrant status is, in fact, actively participating in the program for which admission to the United States was granted.CommentsClose CommentsPermalink
(4) Whether SEVIS includes data fields to ensure that each covered foreign student or exchange visitor in nonimmigrant status is meeting minimum academic or program standards and that major courses of study are recorded, especially those that may be of national security concern.CommentsClose CommentsPermalink
(5) Whether the Secretary of Homeland Security provides adequate access, training, and technical support to authorized users from the sponsoring programs and educational institutions in which covered foreign students and exchange visitors in a nonimmigrant status are enrolled.CommentsClose CommentsPermalink
(6) Whether each sponsoring program or educational institution participating in SEVP has designated enough authorized users to comply with SEVIS requirements.CommentsClose CommentsPermalink
(7) Whether authorized users at program sponsors or educational institutions are adequately vetted and trained.CommentsClose CommentsPermalink
(8) Whether the fees collected are adequate to support SEVIS.CommentsClose CommentsPermalink
(9) Whether there any new authorities, capabilities, or resources needed for SEVP and SEVIS to fully perform.CommentsClose CommentsPermalink
SEC. 905. ASSESSMENT OF RESOURCES NECESSARY TO REDUCE CROSSING TIMES AT LAND PORTS OF ENTRY.
The Secretary of Homeland Security shall, not later than 180 days after the date of the enactment of this Act, conduct an assessment, and submit a report to the Congress, on the personnel, infrastructure, and technology required to reduce border crossing wait times for pedestrian, commercial, and non-commercial vehicular traffic at land ports of entry into the United States to wait times less than prior to September 11, 2001, while ensuring appropriate security checks continue to be conducted.CommentsClose CommentsPermalink
SEC. 906. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE REGARDING POLICIES AND PROCEDURES OF THE BORDER PATROL.
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the policies and procedures of the Border Patrol pertaining to the use of lethal and non-lethal force and the pursuit of fleeing vehicles, including data on the number of incidents in which lethal or non-lethal force was used and any penalties that were imposed on Border Patrol agents as a result of such use.CommentsClose CommentsPermalink
(b) Consultation-CommentsClose CommentsPermalink
(1) REQUIREMENT- In complying with this section, the Comptroller General shall consult with Customs and Border Protection and with representatives of the following:CommentsClose CommentsPermalink
(A) State and local law enforcement agencies located along the northern and southern international borders of the United States.CommentsClose CommentsPermalink
(B) The National Border Patrol Council.CommentsClose CommentsPermalink
(C) The National Association of Former Border Patrol Officers.CommentsClose CommentsPermalink
(D) Human rights groups with experience regarding aliens who cross the international land borders of the United States.CommentsClose CommentsPermalink
(E) Any other group that the Comptroller General determines would be appropriate.CommentsClose CommentsPermalink
(2) INCLUSION OF OPINIONS- The Comptroller General shall attach written opinions provided by groups referenced to in paragraph (1) as appendices to the report.CommentsClose CommentsPermalink
SEC. 907. REPORT ON INTEGRATED BORDER ENFORCEMENT TEAM INITIATIVE.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Congress on the status of the Integrated Border Enforcement Team (IBET) initiative. The report should include an analysis of current resources allocated to IBETs, an evaluation of progress made since the inception of the program, and recommendations as to the level of resources that would be required to improve the program's effectiveness in the future.CommentsClose CommentsPermalink
SEC. 908. STOLEN AND LOST TRAVEL DOCUMENT DATABASE.
(a) In General- The Secretary of Homeland Security, acting through the Commissioner of United States Customs and Border Protection, shall, as expeditiously as possible, implement at primary inspection points at United States ports of entry the Stolen and Lost Travel Document database managed by Interpol.CommentsClose CommentsPermalink
(b) Report- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (
TITLE X--INFORMATION SHARING IMPROVEMENTS
SEC. 1001. STATE AND LOCAL FUSION CENTER PROGRAM.
(a) In General- Subtitle I of title VIII of the Homeland Security Act of 2002 (
`SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM.
`(a) Establishment- The Secretary shall establish within the Department a State and Local Fusion Center Program. The program shall be overseen by the component charged with overseeing information sharing of homeland security information with State, local and tribal law enforcement. The purpose of the State and Local Fusion Center Program is to facilitate information sharing between the Department and State, local, and tribal law enforcement for homeland security and other purposes.CommentsClose CommentsPermalink
`(b) Authorization of Appropriations- There is authorized to be appropriated to the Secretary such sums as are necessary for the Secretary to carry out the purpose of the State and Local Fusion Center Program, including for--CommentsClose CommentsPermalink
`(1) deploying Department personnel with intelligence and operational skills to State and local fusion centers participating in the Program;CommentsClose CommentsPermalink
`(2) hiring and maintaining individuals with substantial law enforcement experience who have retired from public service and deploying such individuals to State and local fusion centers participating in the Program (with the consent of such centers); andCommentsClose CommentsPermalink
`(3) maintaining an adequate number of staff at the headquarters of the Department to sustain and manage the portion of the Program carried out at the headquarters and to otherwise fill positions vacated by Department staff deployed to State and local fusion centers participating in the Program.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by striking the items relating to sections 895 through 899 and inserting the following:CommentsClose CommentsPermalink
`Sec. 895. State and Local Fusion Center Program.'.CommentsClose CommentsPermalink
(c) Prior Amendments Not Affected- This section shall not be construed to affect the application of sections 895 through 899 of the Homeland Security Act of 2002 (including provisions enacted by the amendments made by those sections), as in effect before the effective date of this section.CommentsClose CommentsPermalink
SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES TRAINING PROGRAM.
(a) In General- Subtitle A of title II of the Homeland Security Act of 2002 (
`SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES TRAINING PROGRAM.
`(a) Establishment- The Secretary, through the Assistant Secretary for Information Analysis, the Privacy Officer, and the Officer for Civil Rights and Civil Liberties, shall establish a program within the Office of Civil Rights and Civil Liberties to provide privacy, civil liberties, and civil rights protection training for appropriate Department employees and State, local, tribal employees serving in State and local fusion centers participating in the State and Local Fusion Center Program.CommentsClose CommentsPermalink
`(b) Mandatory Training-CommentsClose CommentsPermalink
`(1) DEPARTMENT EMPLOYEES- The Secretary shall require each employee of the Department who is embedded at a State or local fusion center and has access to United States citizens and legal permanent residents personally identifiable information to successfully complete training under the program established under subsection (a).CommentsClose CommentsPermalink
`(2) FUSION CENTER REPRESENTATIVES- As a condition of receiving a grant from the Department, a fusion center shall require each State, local, tribal, or private sector representative of the fusion center to successfully complete training under the program established under subsection (a) not later than six months after the date on which the State or local fusion center at which the employee is embedded receives a grant from the Department.CommentsClose CommentsPermalink
`(c) Contents of Training- Training provided under the program established under subsection (a) shall include training in Federal law in each of the following:CommentsClose CommentsPermalink
`(1) Privacy, civil liberties, and civil rights policies, procedures, and protocols that can provide or control access to information at a State or local fusion center.CommentsClose CommentsPermalink
`(2) Privacy awareness training based on
`(3) The handling of personally identifiable information in a responsible and appropriate manner.CommentsClose CommentsPermalink
`(4) Appropriate procedures for the destruction of information that is no longer needed.CommentsClose CommentsPermalink
`(5) The consequences of failing to provide adequate privacy and civil liberties protections.CommentsClose CommentsPermalink
`(6) Compliance with Federal regulations setting standards for multijurisdictional criminal intelligence systems, including 28 CFR 23 (as in effect on the date of the enactment of this section).CommentsClose CommentsPermalink
`(7) The use of immutable auditing mechanisms designed to track access to information at a State or local fusion center.CommentsClose CommentsPermalink
`(d) Certification of Training- The Secretary, acting through the head of the Office of Civil Rights and Civil Liberties, shall issue a certificate to each person who completes the training under this section and performs successfully in a written examination administered by the Office of Civil Rights and Civil Liberties. A copy of each such certificate issued to an individual working at a participating fusion center shall be kept on file at that fusion center.CommentsClose CommentsPermalink
`(e) Authorization of Appropriations- Of the amounts authorized by section 101, there are authorized to be appropriate to carry out this section--CommentsClose CommentsPermalink
`(1) $3,000,000 for each of fiscal years 2008 through 2013; andCommentsClose CommentsPermalink
`(2) such sums as may be necessary for each subsequent fiscal year.'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`Sec. 203. Fusion center privacy and civil liberties training program.'.CommentsClose CommentsPermalink
SEC. 1003. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR THE OFFICE OF INFORMATION ANALYSIS.
(a) Definitions- For purposes of this section--CommentsClose CommentsPermalink
(1) the term `IA' means the Office of Information Analysis;CommentsClose CommentsPermalink
(2) the term `annuitant' means an annuitant under a Government retirement system;CommentsClose CommentsPermalink
(3) the term `Government retirement system' has the meaning given such term by section 501(a); andCommentsClose CommentsPermalink
(4) the term `employee' has the meaning given such term by
(b) Appointment Authority- The Secretary (acting through the Assistant Secretary for Information Analysis) may, for the purpose of accelerating the ability of the IA to perform its statutory duties under the Homeland Security Act of 2002, appoint annuitants to positions in the IA in accordance with succeeding provisions of this section, except that no authority under this subsection shall be available unless the Secretary provides to Congress a certification that--CommentsClose CommentsPermalink
(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 the IA;CommentsClose CommentsPermalink
(2) the request described in paragraph (1) was properly filed; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 reemployment) and any other similar provision of law under a Government retirement system.CommentsClose CommentsPermalink
(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 100 as of any time (determined on a full-time equivalent basis).CommentsClose CommentsPermalink
(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 Government retirement system.CommentsClose CommentsPermalink
(f) Termination of Authority- Effective 2 years after the date of the enactment of this Act--CommentsClose CommentsPermalink
(1) all authority to make appointments under subsection (b) shall cease to be available; andCommentsClose CommentsPermalink
(2) all exemptions under subsection (c) shall cease to be effective.CommentsClose CommentsPermalink
TITLE XI--MISCELLANEOUS PROVISIONS
SEC. 1101. RURAL HOMELAND SECURITY TRAINING INITIATIVE.
(a) Establishment- The Secretary of Homeland Security shall establish a program to be administered by the Director of the Federal Law Enforcement Training Center of the Department of Homeland Security to expand homeland security training to units of local and tribal governments located in rural areas. The Secretary shall take the following actions:CommentsClose CommentsPermalink
(1) EVALUATION OF NEEDS OF RURAL AREAS- The Secretary shall evaluate the needs of such areas.CommentsClose CommentsPermalink
(2) DEVELOPMENT OF TRAINING PROGRAMS- The Secretary shall develop expert training programs designed to respond to the needs of such areas, including, but not limited to, those pertaining to rural homeland security responses including protections for privacy, and civil rights and civil liberties.CommentsClose CommentsPermalink
(3) PROVISION OF TRAINING PROGRAMS- The Secretary shall provide to such areas the training programs developed under paragraph (2).CommentsClose CommentsPermalink
(4) OUTREACH EFFORTS- The Secretary shall conduct outreach efforts to ensure that such areas are aware of the training programs developed under paragraph (2) so that such programs are made available to units of local government and tribal governments located in rural areas.CommentsClose CommentsPermalink
(b) No Duplication or Displacement of Current Programs- Any training program developed under paragraph (2) of subsection (a) and any training provided by the program pursuant to such subsection shall be developed or provided, respectively, in a manner so as to not duplicate or displace any program in existence on the date of the enactment of this section.CommentsClose CommentsPermalink
(c) Prioritized Locations for Rural Homeland Security Training- In designating sites for the provision of training under this section, the Secretary shall, to the maximum extent possible and as appropriate, give priority to facilities of the Department of Homeland Security in existence as of the date of the enactment of this Act and to closed military installations, and to the extent possible, shall conduct training onsite, at facilities operated by participants.CommentsClose CommentsPermalink
(d) Rural Defined- In this section, the term `rural' means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.CommentsClose CommentsPermalink
SEC. 1102. CRITICAL INFRASTRUCTURE STUDY.
The Secretary of Homeland Security shall work with the Center for Risk and Economic Analysis of Terrorism Events (CREATE), led by the University of Southern California, to evaluate the feasibility and practicality of creating further incentives for private sector stakeholders to share protected critical infrastructure information with the Department for homeland security and other purposes.CommentsClose CommentsPermalink
SEC. 1103. TERRORIST WATCH LIST AT HIGH-RISK CRITICAL INFRASTRUCTURE.
From amounts authorized under section 101, there may be appropriated such sums as are necessary for the Secretary of Homeland Security to require each owner or operator of a Tier I or Tier II critical infrastructure site as selected for the Buffer Zone Protection Program, to conduct checks of their employees against available terrorist watch lists.CommentsClose CommentsPermalink
SEC. 1104. AUTHORIZED USE OF SURPLUS MILITARY VEHICLES.
The Secretary of Homeland Security shall include United States military surplus vehicles having demonstrated utility for responding to terrorist attacks, major disasters, and other emergencies on the Authorized Equipment List in order to allow State, local, and tribal agencies to purchase, modify, upgrade, and maintain such vehicles using homeland security assistance administered by the Department of Homeland Security.CommentsClose CommentsPermalink
SEC. 1105. COMPUTER CAPABILITIES TO SUPPORT REAL-TIME INCIDENT MANAGEMENT.
From amounts authorized under section 101, there are authorized such sums as may be necessary for the Secretary of Homeland Security to encourage the development and use of software- or Internet-based computer capabilities to support real-time incident management by Federal, State, local, and tribal agencies. Such software-based capabilities shall be scalable and not be based on proprietary systems to ensure the compatibility of Federal, State, local, and tribal first responder agency incident management systems. In the development and implementation of such computer capabilities, the Secretary shall consider the feasibility and desirability of including the following capabilities:CommentsClose CommentsPermalink
(1) Geographic information system data.CommentsClose CommentsPermalink
(2) Personnel, vehicle, and equipment tracking and monitoring.CommentsClose CommentsPermalink
(3) Commodity tracking and other logistics management.CommentsClose CommentsPermalink
(4) Evacuation center and shelter status tracking.CommentsClose CommentsPermalink
(5) Such other capabilities as determined appropriate by the Secretary.CommentsClose CommentsPermalink
SEC. 1106. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND SECURITY GRANTS.
(a) In General- Subtitle H of title VIII of the Homeland Security Act of 2002 (
`SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND SECURITY GRANTS.
`(a) Quarterly Reports Required as a Condition of Homeland Security Grants-CommentsClose CommentsPermalink
`(1) EXPENDITURE REPORTS REQUIRED- As a condition of receiving a grant administered by the Secretary, the Secretary shall require the grant recipient to submit quarterly reports to the Secretary describing the nature and amount of each expenditure made by the recipient using grant funds.CommentsClose CommentsPermalink
`(2) DEADLINE FOR REPORTS- Each report required under paragraph (1) shall be submitted not later than 30 days after the last day of a fiscal quarter and shall cover expenditures made during that fiscal quarter.CommentsClose CommentsPermalink
`(3) EXCLUDED PROGRAMS- This section shall not apply to or otherwise affect any grant issued under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
`(b) Publication of Expenditures- Not later than 30 days after receiving a report under subsection (a), the Secretary shall publish and make publicly available on the Internet website of the Department a description of the nature and amount of each expenditure covered by the report.CommentsClose CommentsPermalink
`(c) Protection of Sensitive Information- In meeting the requirements of this section, the Secretary shall take appropriate action to ensure that sensitive information is not disclosed.'.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
`Sec. 890A. Expenditure reports as a condition of homeland security grants.'.CommentsClose CommentsPermalink
SEC. 1107. ENCOURAGING USE OF COMPUTERIZED TRAINING AIDS.
The Under Secretary for Science and Technology of the Department of Homeland Security shall use and make available to State and local agencies computer simulations to help strengthen the ability of municipalities to prepare for and respond to a chemical, biological, or other terrorist attack, and to standardize response training.CommentsClose CommentsPermalink
SEC. 1108. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.
(a) In General- Title V of the Homeland Security Act of 2002 (
`SEC. 522. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.
`(a) In General- There is a Metropolitan Medical Response System Program (in this section referred to as the `program').CommentsClose CommentsPermalink
`(b) Purpose- The purpose of the program shall be to support local jurisdictions in enhancing and maintaining all-hazards response capabilities to manage mass casualty incidents (including terrorist acts using chemical, biological, radiological, nuclear agents, or explosives, large-scale hazardous materials incidents, epidemic disease outbreaks, and natural disasters) by systematically enhancing and integrating first responders, public health personnel, emergency management personnel, business representatives, and volunteers.CommentsClose CommentsPermalink
`(c) Program Administration- The Assistant Secretary for Health Affairs shall develop the programmatic and policy guidance for the program in coordination with the Administrator of the Federal Emergency Management Agency.CommentsClose CommentsPermalink
`(d) Personnel Costs- The program shall not be subject to an administrative cap on the hiring of personnel to conduct program activities.CommentsClose CommentsPermalink
`(e) Financial Assistance-CommentsClose CommentsPermalink
`(1) ADMINISTRATION- The Administrator of the Federal Emergency Management Agency shall administer financial assistance provided to State and local jurisdictions under the program.CommentsClose CommentsPermalink
`(2) ASSISTANCE TO LOCAL JURISDICTIONS- In providing financial assistance to a State under the program, the Administrator shall ensure that 100 percent of the amount of such assistance is allocated by the State to local jurisdictions, except that a State may retain up to 20 percent of the amount of such assistance to facilitate integration between the State and the local jurisdiction pursuant to a written agreement between the State and the chair of the Metropolitan Medical Response System steering committee.CommentsClose CommentsPermalink
`(3) MUTUAL AID-CommentsClose CommentsPermalink
`(A) AGREEMENTS- Local jurisdictions receiving assistance under the program are encouraged to develop and maintain memoranda of understanding and agreement with neighboring jurisdictions to support a system of mutual aid among the jurisdictions.CommentsClose CommentsPermalink
`(B) CONTENTS- A memorandum referred to in subparagraph (A) shall include, at a minimum, policies and procedures to--CommentsClose CommentsPermalink
`(i) enable the timely deployment of program personnel and equipment across jurisdictions and, if relevant, across State boundaries;CommentsClose CommentsPermalink
`(ii) share information in a consistent and timely manner; andCommentsClose CommentsPermalink
`(iii) notify State authorities of the deployment of program resources in a manner that ensures coordination with State agencies without impeding the ability of program personnel and equipment to respond rapidly to emergencies in other jurisdictions.CommentsClose CommentsPermalink
`(f) Authorization of Appropriations- Of the amounts authorized by section 101 there is authorized to be appropriated to carry out the program $63,000,000 for each of the fiscal years 2008 through 2011.'.CommentsClose CommentsPermalink
(b) Program Review-CommentsClose CommentsPermalink
(1) IN GENERAL- The Assistant Secretary for Health Affairs shall conduct a review of the Metropolitan Medical Response System Program.CommentsClose CommentsPermalink
(2) CONTENT OF REVIEW- In conducting the review of the program, the Assistant Secretary shall examine--CommentsClose CommentsPermalink
(A) strategic goals;CommentsClose CommentsPermalink
(B) objectives;CommentsClose CommentsPermalink
(C) operational capabilities;CommentsClose CommentsPermalink
(D) resource requirements;CommentsClose CommentsPermalink
(E) performance metrics;CommentsClose CommentsPermalink
(F) administration;CommentsClose CommentsPermalink
(G) whether the program would be more effective if it were managed as a contractual agreement;CommentsClose CommentsPermalink
(H) the degree to which the program's strategic goals, objectives, and capabilities are incorporated in State and local homeland security plans; andCommentsClose CommentsPermalink
(I) challenges in the coordination among public health, public safety, and other stakeholder groups to prepare for and respond to mass casualty incidents.CommentsClose CommentsPermalink
(3) REPORT- Not later than 9 months after the date of enactment of this subsection, the Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the review.CommentsClose CommentsPermalink
(c) Conforming Amendments-CommentsClose CommentsPermalink
(1) REPEAL- Section 635 of the Post-Katrina Management Reform Act of 2006 (
(2) TABLE OF CONTENTS- The table of contents contained in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 521 the following:CommentsClose CommentsPermalink
`Sec. 522. Metropolitan Medical Response System Program.'.CommentsClose CommentsPermalink
SEC. 1109. IDENTITY FRAUD PREVENTION GRANT PROGRAM.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The National Commission on Terrorist Attacks Upon the United States found that the 19 hijackers had been issued 16 State driver's licenses (from Arizona, California, Florida, and Virginia) and 14 State identification cards (from Florida, Maryland and Virginia).CommentsClose CommentsPermalink
(2) The Commission concluded that `[s]ecure identification should begin in the United States. The Federal Government should set standards for the issuance of birth certificates and sources of identification, such as driver's licenses. Fraud in identification is no longer just a problem of theft. At many entry points to vulnerable facilities, including gates for boarding aircraft, sources of identification are the last opportunity to ensure that people are who they say they are and to check whether they are terrorists.'.CommentsClose CommentsPermalink
(b) Grant Program- Subtitle D of title IV of the Homeland Security Act of 2002 (
`SEC. 447. DOCUMENT FRAUD PREVENTION GRANT PROGRAM.
`(a) In General- The Secretary shall establish a program to make grants available to States to be used to prevent terrorists and other individuals from fraudulently obtaining and using State-issued identification cards and to develop more secure State-issued documents to be used for official Federal purposes.CommentsClose CommentsPermalink
`(b) Use of Funds- A recipient of a grant under this section may use the grant for any of the following purposes:CommentsClose CommentsPermalink
`(1) To develop machine readable technology, encryption methods, or other means of protecting against unauthorized access of information appearing on licenses or identification.CommentsClose CommentsPermalink
`(2) To establish a system for a State-to-State data exchange that allows electronic access to States to information contained in a State department of motor vehicles database.CommentsClose CommentsPermalink
`(3) To develop or implement a security plan designed to safeguard the privacy of personal information collected, maintained, and used by State motor vehicles offices from unauthorized access, misuse, fraud, and identity theft.CommentsClose CommentsPermalink
`(4) To develop a querying service that allows access to Federal databases in a timely, secure, and cost-effective manner, in order to verify the issuance, validity, content, and completeness of source documents provided by applicants for identity documents issued by State agencies, including departments of motor vehicles.CommentsClose CommentsPermalink
`(5) To develop a system for States to capture and store digital images of identity source documents and photographs of applicants in electronic format.CommentsClose CommentsPermalink
`(6) To design systems or establish procedures that would reduce the number of in-person visits required to State departments of motor vehicles to obtain State-issued identity documents used for Federal official purposes.CommentsClose CommentsPermalink
`(c) Priority in Awarding Grants- In awarding grants under this section the Secretary shall give priority to a State that demonstrates that--CommentsClose CommentsPermalink
`(1) the grant will assist the State in complying with any regulation issued by the Department to prevent the fraudulent issuance of identification documents to be used for official Federal purposes; andCommentsClose CommentsPermalink
`(2) such compliance will facilitate the ability of other States to comply with such regulations.CommentsClose CommentsPermalink
`(d) Limitation on Source of Funding- The Secretary may not use amounts made available under this section for any other grant program of the Department to provide funding for expenses related to the REAL ID Act of 2005 (
`(e) Authorization of Appropriations- Of the amounts authorized by section 101 there are authorized to be appropriated to the Secretary for making grants under this section--CommentsClose CommentsPermalink
`(1) $120,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
`(2) $100,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink
`(3) $80,000,000 for fiscal year 2010.'.CommentsClose CommentsPermalink
(c) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by inserting after the items relating to such subtitle the following:CommentsClose CommentsPermalink
`Sec. 447. Document fraud prevention grant program.'.CommentsClose CommentsPermalink
SEC. 1110. TECHNICAL CORRECTIONS.
The Homeland Security Act of 2002 (
(1) in section 1(b) in the table of contents by striking the items relating to the second title XVIII, as added by section 501(b)(3) of
`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
`Sec. 1901. Domestic Nuclear Detection Office.CommentsClose CommentsPermalink
`Sec. 1902. Mission of Office.CommentsClose CommentsPermalink
`Sec. 1903. Hiring authority.CommentsClose CommentsPermalink
`Sec. 1904. Testing authority.CommentsClose CommentsPermalink
`Sec. 1905. Relationship to other Department entities and Federal agencies.CommentsClose CommentsPermalink
`Sec. 1906. Contracting and grant making authorities.'.CommentsClose CommentsPermalink
(2) by redesignating the second title XVIII, as added by section 501(a) of
(3) in title XIX (as so redesignated)--CommentsClose CommentsPermalink
(A) by redesignating sections 1801 through 1806 as sections 1901 through 1906, respectively;CommentsClose CommentsPermalink
(B) in section 1904(a) (
(C) in section 1906 (
SEC. 1111. CITIZEN CORPS.
Of the amount authorized to be appropriated under section 101, such sums as may be necessary shall be available to the Secretary of Homeland Security to encourage the use of Citizen Corps funding and local Citizen Corps Councils to provide education and training for populations located around critical infrastructure on preparing for and responding to terrorist attacks, major disasters, and other emergencies.CommentsClose CommentsPermalink
SEC. 1112. REPORT REGARDING DEPARTMENT OF HOMELAND SECURITY IMPLEMENTATION OF COMPTROLLER GENERAL AND INSPECTOR GENERAL RECOMMENDATIONS REGARDING PROTECTION OF AGRICULTURE.
(a) Report Required- The Secretary of Homeland Security shall prepare a report describing how the Department of Homeland Security will implement the applicable recommendations of the following reports:CommentsClose CommentsPermalink
(1) Comptroller General report entitled `Homeland Security: How Much is Being Done to Protect Agriculture from a Terrorist Attack, but Important Challenges Remain' (GAO-05-214).CommentsClose CommentsPermalink
(2) Department of Homeland Security Office of Inspector General report entitled `The Department of Homeland Security's Role in Food Defense and Critical Infrastructure Protection' (OIG-07-33).CommentsClose CommentsPermalink
(b) Submission of Report- Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit the report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. If the Secretary determines that a specific recommendation will not be implemented or will not be fully implemented, the Secretary shall include in the report a description of the reasoning or justification for the determination.CommentsClose CommentsPermalink
SEC. 1113. REPORT REGARDING LEVEE SYSTEM.
(a) In General- Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report analyzing the threat, vulnerability, and consequence of a terrorist attack on the levee system of the United States.CommentsClose CommentsPermalink
(b) Existing Reports- In implementing this section, the Secretary may build upon existing reports as necessary.CommentsClose CommentsPermalink
SEC. 1114. REPORT ON FORCE MULTIPLIER PROGRAM.
Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the progress of the Secretary--CommentsClose CommentsPermalink
(1) in establishing procedures to ensure compliance with
(2) in accomplishing the operational aspects of the Force Multiplier Program, as required pursuant to the Department of Homeland Security Appropriations Act, 2007 (
SEC. 1115. ELIGIBILITY OF STATE JUDICIAL FACILITIES FOR STATE HOMELAND SECURITY GRANTS.
(a) In General- States may utilize covered grants for the purpose of providing funds to State and local judicial facilities for security at those facilities.CommentsClose CommentsPermalink
(b) Covered Grants- For the purposes of this section, the term `covered grant' means a grant under any of the following programs of the Department of Homeland Security:CommentsClose CommentsPermalink
(1) The State Homeland Security Grant Program.CommentsClose CommentsPermalink
(2) The Urban Area Security Initiative.CommentsClose CommentsPermalink
SEC. 1116. DATA SHARING.
The Secretary of Homeland Security shall provide information relating to assistance requested or provided in response to a terrorist attack, major disaster, or other emergency, to Federal, State, or local law enforcement entities to assist in the location of a missing child or registered sex offender. In providing such information, the Secretary shall take reasonable steps to protect the privacy of individuals.CommentsClose CommentsPermalink
SEC. 1117. COOPERATIVE AGREEMENT WITH NATIONAL ORGANIZATION ON DISABILITY TO CARRY OUT EMERGENCY PREPAREDNESS INITIATIVE.
The Administrator of the Federal Emergency Management Agency, in coordination with the Disability Coordinator of the Department of Homeland Security and the Office for Civil Rights and Civil Liberties of the Department, shall use amounts authorized under section 101 to enter into a cooperative agreement with the National Organization on Disability to carry out the Emergency Preparedness Initiative of such organization.CommentsClose CommentsPermalink
SEC. 1118. CONSIDERATION OF TOURISM IN AWARDING URBAN AREA SECURITY INITIATIVE GRANTS.
In awarding grants under the Urban Area Security Initiative, the Secretary of Homeland Security shall take into consideration the number of tourists that have visited an urban area in the two years preceding the year during which the Secretary awards the grant.CommentsClose CommentsPermalink
SEC. 1119. STUDY OF FOREIGN RAIL SECURITY PRACTICES.
The Secretary shall--CommentsClose CommentsPermalink
(1) study select foreign rail security practices, and the cost and feasibility of implementing selected best practices that are not currently used in the United States, including--CommentsClose CommentsPermalink
(A) implementing covert testing processes to evaluate the effectiveness of rail system security personnel;CommentsClose CommentsPermalink
(B) implementing practices used by foreign rail operators that integrate security into infrastructure design;CommentsClose CommentsPermalink
(C) implementing random searches or screening of passengers and their baggage; andCommentsClose CommentsPermalink
(D) establishing and maintaining an information clearinghouse on existing and emergency security technologies and security best practices used in the passenger rail industry both in the United States and abroad; andCommentsClose CommentsPermalink
(2) report the results of the study, together with any recommendations that the Secretary may have for implementing covert testing, practices for integrating security in infrastructure design, random searches or screenings, and an information clearinghouse to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives not later than 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 1120. FEMA RECOVERY OFFICE IN FLORIDA.
(a) Establishment- To provide eligible Federal assistance to individuals and State, local, and tribal governments affected by Hurricanes Charley, Frances, Ivan, Jeanne, Wilma, Tropical Storm Bonnie, and other future declared emergencies and major disasters, in a customer-focused, expeditious, effective, and consistent manner, the Administrator of the Federal Emergency Management Administration shall maintain a recovery office in the State of Florida for a period of not less than three years after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Structure- The recovery office shall have an executive director, appointed by the Administrator, who possesses a demonstrated ability and knowledge of emergency management and homeland security, and a senior management team.CommentsClose CommentsPermalink
(c) Responsibilities- The executive director, in coordination with State, local, and tribal governments, non-profit organizations, including disaster relief organizations, shall--CommentsClose CommentsPermalink
(1) work cooperatively with local governments to mitigate the impact of a declared emergency or major disaster; andCommentsClose CommentsPermalink
(2) provide assistance in a timely and effective manner to residents of Florida and other States as determined appropriate by the Administrator for recovery from previous and future declared emergencies and major disasters.CommentsClose CommentsPermalink
(d) Staffing- Staffing levels of the recovery office shall be commensurate with the current and projected workload as determined by the Administrator.CommentsClose CommentsPermalink
(e) Performance Measures- To ensure that the recovery office is meeting its objectives, the Administrator shall identify performance measures that are specific, measurable, achievable, relevant, and timed, including--CommentsClose CommentsPermalink
(1) public assistance program project worksheet completion rates; andCommentsClose CommentsPermalink
(2) the length of time taken to reimburse recipients for public assistance.CommentsClose CommentsPermalink
(f) Evaluation- The Administrator shall evaluate the effectiveness and efficiency of the recovery office in the State of Florida in meeting the requirements of this section. Not later than three years after the date of enactment of this Act, the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives on whether continuing to operate such office is necessary.CommentsClose CommentsPermalink
SEC. 1121. REQUIREMENT TO CONSULT STATES REGARDING GRANT AWARDS.
Before the release by the Department of Homeland Security of any information regarding the award of any grant to a State with amounts authorized under section 101, including before submitting to Congress any list of such grant awards, the Secretary of Homeland Security shall consult with States.CommentsClose CommentsPermalink
SEC. 1122. COMPTROLLER GENERAL REPORT ON CRITICAL INFRASTRUCTURE.
(a) Requirement- The Comptroller General of the United States shall conduct a study to--CommentsClose CommentsPermalink
(1) determine the extent to which architecture, engineering, surveying, and mapping activities related to the critical infrastructure of the United States are being sent to offshore locations;CommentsClose CommentsPermalink
(2) assess whether any vulnerabilities or threats exist with respect to terrorism; andCommentsClose CommentsPermalink
(3) recommend policies, regulations, or legislation, as appropriate, that may be necessary to protect the national and homeland security interests of the United States.CommentsClose CommentsPermalink
(b) Consultation- In carrying out the study authorized by this section, the Comptroller General shall consult with--CommentsClose CommentsPermalink
(1) such other agencies of the Government of the United States as are appropriate; andCommentsClose CommentsPermalink
(2) national organizations representing the architecture, engineering, surveying, and mapping professions.CommentsClose CommentsPermalink
(c) Report- The Comptroller General shall submit to the Committees on Transportation and Infrastructure, Energy and Commerce, and Homeland Security of the House of Representatives, and to the Senate, by not later than 6 months after the date of the enactment of this Act a report on the findings, conclusions, and recommendations of the study under this section.CommentsClose CommentsPermalink
(d) Definitions- As used in this section--CommentsClose CommentsPermalink
(1) each of the terms `architectural', `engineering', `surveying', and `mapping'--CommentsClose CommentsPermalink
(A) subject to subparagraph (B), has the same meaning such term has under
(B) includes services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, or cartographers in the collection, storage, retrieval, or dissemination of graphical or digital data to depict natural or man-made physical features, phenomena, or boundaries of the earth and any information related to such data, including any such data that comprises the processing of a survey, map, chart, geographic information system, remotely sensed image or data, or aerial photograph; andCommentsClose CommentsPermalink
(2) the term `critical infrastructure'--CommentsClose CommentsPermalink
(A) means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters; andCommentsClose CommentsPermalink
(B) includes the basic facilities, structures, and installations needed for the functioning of a community or society, including transportation and communications systems, water and power lines, power plants, and the built environment of private and public institutions of the United States.CommentsClose CommentsPermalink
SEC. 1123. IMPROVING THE NEXUS AND FAST REGISTERED TRAVELER PROGRAMS.
(a) Merging Requirements of Nexus and Fast-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Homeland Security shall merge the procedures for the programs described in subsection (j) into a single procedure, with common eligibility and security screening requirements, enrollment processes, and sanctions regimes.CommentsClose CommentsPermalink
(2) SPECIFIC REQUIREMENTS- In carrying out paragraph (1), the Secretary shall ensure that the procedures for the programs known as `NEXUS Highway', `NEXUS Marine', and `NEXUS Air' are integrated into such a single procedure.CommentsClose CommentsPermalink
(b) Integrating Nexus and Fast Information Systems- The Secretary of Homeland Security shall integrate all databases and information systems for the programs described in subsection (j) in a manner that will permit any identification card issued to a participant to operate in all locations where a program described in such subsection is operating.CommentsClose CommentsPermalink
(c) Creation of Nexus Convertible Lanes- In order to expand the NEXUS program described in subsection (j)(2) to major northern border crossings, the Secretary of Homeland Security, in consultation with appropriate representatives of the Government of Canada, shall equip not fewer than six new northern border crossings with NEXUS technology.CommentsClose CommentsPermalink
(d) Creation of Remote Enrollment Centers- The Secretary of Homeland Security, in consultation with appropriate representatives of the Government of Canada, shall create a minimum of two remote enrollment centers for the programs described in subsection (j). Such a remote enrollment center shall be established at each of the border crossings described in subsection (c).CommentsClose CommentsPermalink
(e) Creation of Mobile Enrollment Centers- The Secretary of Homeland Security, in consultation with appropriate representatives of the Government of Canada, shall create a minimum of two mobile enrollment centers for the programs described in subsection (j). Such mobile enrollment centers shall be used to accept and process applications in areas currently underserved by such programs. The Secretary shall work with State and local authorities in determining the locations of such mobile enrollment centers.CommentsClose CommentsPermalink
(f) On-Line Application Process- The Secretary of Homeland Security shall design an on-line application process for the programs described in subsection (j). Such process shall permit individuals to securely submit their applications on-line and schedule a security interview at the nearest enrollment center.CommentsClose CommentsPermalink
(g) Promoting Enrollment-CommentsClose CommentsPermalink
(1) CREATING INCENTIVES FOR ENROLLMENT- In order to encourage applications for the programs described in subsection (j), the Secretary of Homeland Security shall develop a plan to admit participants in an amount that is as inexpensive as possible per card issued for each of such programs.CommentsClose CommentsPermalink
(2) CUSTOMER SERVICE PHONE NUMBER- In order to provide potential applicants with timely information for the programs described in subsection (j), the Secretary of Homeland Security shall create a customer service telephone number for such programs.CommentsClose CommentsPermalink
(3) PUBLICITY CAMPAIGN- The Secretary shall carry out a program to educate the public regarding the benefits of the programs described in subsection (j).CommentsClose CommentsPermalink
(h) Travel Document for Travel Into United States- For purposes of the plan required under section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, an identification card issued to a participant in a program described in subsection (j) shall be considered a document sufficient on its own when produced to denote identity and citizenship for travel into the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (
(i) Report- Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (
(j) Programs- The programs described in this subsection are the following:CommentsClose CommentsPermalink
(1) The FAST program authorized under subpart B of title IV of the Tariff Act of 1930 (
(2) The NEXUS program authorized under section 286(q) of the Immigration and Nationality Act (U.S.C. 1356(q)).CommentsClose CommentsPermalink
SEC. 1124. TRAVEL DOCUMENTS.
(a) Travel to Canada and Mexico- Section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(3) PASS CARD INFRASTRUCTURE- The Secretary of Homeland Security shall conduct not less than one trial on the usability, reliability, and effectiveness of the technology that the Secretary determines appropriate to implement the documentary requirements of this subsection. The Secretary may not issue a final rule implementing the requirements of this subsection until such time as the Secretary has submitted to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (
`(4) FLEXIBLE IMPLEMENTATION PERIOD- In order to provide flexibility upon implementation of the plan developed under paragraph (1), the Secretary of Homeland Security shall establish a special procedure to permit an individual who does not possess a passport or other document, or combination of documents, as required under paragraph (1), but who the Secretary determines to be a citizen of the United States, to re-enter the United States at an international land or maritime border of the United States. The special procedure referred to in this paragraph shall terminate on the date that is 180 days after the date of the implementation of the plan described in paragraph (1)(A).CommentsClose CommentsPermalink
`(5) SPECIAL RULE FOR CERTAIN MINORS- Except as provided in paragraph (6), citizens of the United States or Canada who are less than 16 years of age shall not be required to present to an immigration officer a passport or other document, or combination of documents, as required under paragraph (1), when returning or traveling to the United States from Canada, Mexico, Bermuda, or the Carribean at any port of entry along the international land or maritime border of the United States.CommentsClose CommentsPermalink
`(6) SPECIAL RULE FOR CERTAIN STUDENT MINORS TRAVELING AS PART OF AN AUTHORIZED AND SUPERVISED SCHOOL TRIP- Notwithstanding the special rule described in paragraph (5), the Secretary of Homeland Security is authorized to consider expanding the special rule for certain minors described in such paragraph to a citizen of the United States or Canada who is less than 19 years of age but is 16 years of age or older and who is traveling between the United States and Canada at any port of entry along the international or maritime border between the two countries if such citizen is so traveling as a student as part of an authorized and supervised school trip.CommentsClose CommentsPermalink
`(7) PUBLIC OUTREACH- To promote travel and trade across the United States border, the Secretary of Homeland Security shall develop a public communications plan to promote to United States citizens, representatives of the travel and trade industries, and local government officials information relating to the implementation of this subsection. The Secretary of Homeland Security shall coordinate with representatives of the travel and trade industries in the development of such public communications plan.CommentsClose CommentsPermalink
`(8) COST-BENEFIT ANALYSIS- The Secretary of Homeland Security shall prepare an extensive regulatory impact analysis that is fully compliant with Executive Order No. 12866 and Office of Management and Budget Circular A-4 for an economically significant regulatory action before publishing a rule with respect to the implementation of the requirements of this subsection.'.CommentsClose CommentsPermalink
(b) Report- Not later than 120 days after the date of the enactment of this Act and every 120 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (
SEC. 1125. SENSE OF THE CONGRESS ON INTEROPERABILITY.
It is the sense of the Congress that efforts to achieve local, regional, and national interoperable emergency communications in the near term should be supported and are critical in assisting communities with their local and regional efforts to properly coordinate and execute their interoperability plans.CommentsClose CommentsPermalink
SEC. 1126. TRAVELERS REDRESS INQUIRY PROGRAM.
Of the amount authorized to be appropriated under section 101, such sums as may be necessary shall be available to the Secretary of Homeland Security to take all necessary actions to protect the security of personal information submitted electronically to the Internet website of the Department of Homeland Security established for the Travelers Redress Inquiry Program and other websites of the Department related to that program.CommentsClose CommentsPermalink
SEC. 1127. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL PROGRAM.
The Secretary of Homeland Security shall work with the State of Florida and other States, as appropriate, to resolve the differences between the Transportation Worker Identification Credential and existing access control credentials.CommentsClose CommentsPermalink
SEC. 1128. AUTOMATED TARGETING SYSTEM FOR PERSONS ENTERING OR DEPARTING THE UNITED STATES.
(a) Findings of the 9/11 Commission- Congress finds that the National Commission on Terrorist Attacks Upon the United States (commonly referred to as the 9/11 Commission) concluded that--CommentsClose CommentsPermalink
(1) `The small terrorist travel intelligence collection and analysis program currently in place has produced disproportionately useful results. It should be expanded. Since officials at the border encounter travelers and their documents first and investigate travel facilitators, they must work closely with intelligence officials.';CommentsClose CommentsPermalink
(2) `Information systems able to authenticate travel documents and detect potential terrorist indicators should be used at consulates, at primary border inspection lines, in immigration service offices, and intelligence and enforcement units.';CommentsClose CommentsPermalink
(3) `The President should direct the Department of Homeland Security to lead the effort to design a comprehensive screening system, addressing common problems and setting common standards with systemwide goals in mind.';CommentsClose CommentsPermalink
(4) `A screening system looks for particular, identifiable suspects or indicators of risk. It does not involve guesswork about who might be dangerous. It requires frontline border officials who have the tools and resources to establish that people are who they say they are, intercept identifiable suspects, and disrupt terrorist operations.'; andCommentsClose CommentsPermalink
(5) `Inspectors adjudicating entries of the 9/11 hijackers lacked adequate information and knowledge of the rules. A modern border and immigration system should combine a biometric entry-exit system with accessible files on visitors and immigrants, along with intelligence on indicators of terrorist travel.'.CommentsClose CommentsPermalink
(b) Automated Targeting System for Persons Entering or Departing the United States- The Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, may establish an automated system for the purpose of the enforcement of United States law, including laws relating to anti-terrorism and border security, to assist in the screening of persons seeking to enter or depart the United States (in this section referred to as the `system').CommentsClose CommentsPermalink
(c) Administrative Process to Correct Information- The Secretary, acting through the Commissioner, shall ensure than an administrative process is established, or application of an existing administrative process is extended, pursuant to which any individual may apply to correct any information retained by the system established under subsection (b). Nothing in this section shall be construed as creating a private right of action for any case or claim arising from the application of the system or the corrective administrative process established or applied under this section.CommentsClose CommentsPermalink
(d) Rule of Construction- Nothing in this section shall be construed as abrogating, diminishing, or weakening the provisions of any Federal or State law that prevents or protects against the unauthorized collection or release of personal records.CommentsClose CommentsPermalink
Passed the House of Representatives May 9, 2007.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk.
Clerk.CommentsClose CommentsPermalink
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