HR 1684
5-9-07, Bill Passed House 296-126
Referred to Senate Committee on Homeland Security& Governmental Affairs

110th CONGRESS
1st Session

H. R. 1684

IN THE SENATE OF THE UNITED STATES

May 11, 2007

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

To authorize appropriations for the Department of Homeland Security for fiscal year 2008, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Department of Homeland Security Authorization Act for Fiscal Year 2008'.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.

TITLE II--POLICY AND MANAGEMENT IMPROVEMENTS

Sec. 201. Establishment of Directorate for Policy.

Sec. 202. Direct line authority for Chief Operating Officers.

Sec. 203. Comprehensive Homeland Security Review.

Sec. 204. Qualifications for the Under Secretary for Management.

Sec. 205. Sense of Congress regarding consolidation of Department headquarters.

Sec. 206. Required budget line item for office of counternarcotics enforcement.

Sec. 207. Designation of Office of Counternarcotics Enforcement as primary Department counternarcotics enforcement representative.

Sec. 208. Granting line authority to the Assistant Secretary for Legislative Affairs.

TITLE III--OVERSIGHT IMPROVEMENTS

Sec. 301. Secure border initiative financial accountability.

Sec. 302. Authorization Liaison Officer.

Sec. 303. Office of the Inspector General.

Sec. 304. Congressional notification requirement.

TITLE IV--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS

Sec. 401. Homeland security procurement training.

Sec. 402. Authority to appoint and maintain a cadre of Federal annuitants for procurement offices.

Sec. 403. Additional requirement to review past performance of contractors.

Sec. 404. Requirement to disclose foreign ownership or control of contractors and subcontractors.

Sec. 405. Integrity in contracting.

Sec. 406. Small business utilization report.

Sec. 407. Requirement that uniforms, protective gear, badges, and identification cards of Homeland Security personnel be manufactured in the United States.

Sec. 408. Department of Homeland Security Mentor-Protege Program.

Sec. 409. Report on source of shortfalls at Federal Protective Service.

TITLE V--WORKFORCE AND TRAINING IMPROVEMENTS

Sec. 501. Customs and Border Protection Officer pay equity.

Sec. 502. Plan to improve representation of minorities in various categories of employment.

Sec. 503. Continuation of authority for Federal law enforcement training center to appoint and maintain a cadre of Federal annuitants.

Sec. 504. Authority to appoint and maintain a cadre of Federal annuitants for Customs and Border Protection.

Sec. 505. Strengthening Border Patrol recruitment and retention.

Sec. 506. Limitation on reimbursements relating to certain detailees.

Sec. 507. Increased security screening of Homeland Security Officials.

Sec. 508. Authorities of Chief Security Officer.

Sec. 509. Departmental culture improvement.

Sec. 510. Homeland security education program enhancements.

Sec. 511. Repeal of chapter 97 of title 5, United States Code.

Sec. 512. Utilization of non-law enforcement Federal employees as instructors for non-law enforcement classes at the Border Patrol Training Academy.

Sec. 513. Termination of Employment of Volunteer Firefighters and Emergency Medical Personnel Prohibited.

TITLE VI--BIOPREPAREDNESS IMPROVEMENTS

Sec. 601. Chief Medical Officer and Office of Health Affairs.

Sec. 602. Improving the material threats process.

Sec. 603. Study on national biodefense training.

Sec. 604. National Biosurveillance Integration Center.

Sec. 605. Risk analysis process and integrated CBRN risk assessment.

TITLE VII--HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS

Sec. 701. Cybersecurity and Communications.

Sec. 702. Cybersecurity research and development.

Sec. 703. Collaboration.

TITLE VIII--SCIENCE AND TECHNOLOGY IMPROVEMENTS

Sec. 801. Report to Congress on strategic plan.

Sec. 802. Centers of Excellence Program.

Sec. 803. National research council study of university programs.

Sec. 804. Streamlining of SAFETY Act and antiterrorism technology procurement processes.

Sec. 805. Promoting antiterrorism through International Cooperation Act.

Sec. 806. Availability of testing facilities and equipment.

TITLE IX--BORDER SECURITY IMPROVEMENTS

Sec. 901. US-VISIT.

Sec. 902. Shadow Wolves program.

Sec. 903. Cost-effective training for border patrol agents.

Sec. 904. Report on implementation of the student and exchange visitor program.

Sec. 905. Assessment of resources necessary to reduce crossing times at land ports of entry.

Sec. 906. Report by Government Accountability Office regarding policies and procedures of the Border Patrol.

Sec. 907. Report on Integrated Border Enforcement Team initiative.

Sec. 908. Stolen and Lost Travel Document database.

TITLE X--INFORMATION SHARING IMPROVEMENTS

Sec. 1001. State and local fusion center program.

Sec. 1002. Fusion Center Privacy and Civil Liberties Training Program.

Sec. 1003. Authority to appoint and maintain a cadre of Federal annuitants for the Office of Information Analysis.

TITLE XI--MISCELLANEOUS PROVISIONS

Sec. 1101. Rural homeland security training initiative.

Sec. 1102. Critical infrastructure study.

Sec. 1103. Terrorist watch list at high-risk critical infrastructure.

Sec. 1104. Authorized use of surplus military vehicles.

Sec. 1105. Computer capabilities to support real-time incident management.

Sec. 1106. Expenditure reports as a condition of homeland security grants.

Sec. 1107. Encouraging use of computerized training aids.

Sec. 1108. Metropolitan Medical Response System Program.

Sec. 1109. Identity fraud prevention grant program.

Sec. 1110. Technical corrections.

Sec. 1111. Citizen Corps.

Sec. 1112. Report regarding Department of Homeland Security implementation of Comptroller General and Inspector General recommendations regarding protection of agriculture.

Sec. 1113. Report regarding levee system.

Sec. 1114. Report on Force Multiplier Program.

Sec. 1115. Eligibility of State judicial facilities for State homeland security grants.

Sec. 1116. Data sharing.

Sec. 1117. Cooperative agreement with National Organization on Disability to carry out Emergency Preparedness Initiative.

Sec. 1118. Consideration of tourism in awarding Urban Area Security Initiative grants.

Sec. 1119. Study of foreign rail security practices.

Sec. 1120. FEMA recovery office in Florida.

Sec. 1121. Requirement to consult States regarding grant awards.

Sec. 1122. Comptroller General report on critical infrastructure.

Sec. 1123. Improving the nexus and fast registered traveler programs.

Sec. 1124. Travel documents.

Sec. 1125. Sense of the Congress on Interoperability.

Sec. 1126. Travelers Redress Inquiry Program.

Sec. 1127. Transportation Worker Identification Credential program.

Sec. 1128. Automated targeting system for persons entering or departing the United States.

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.

TITLE II--POLICY AND MANAGEMENT IMPROVEMENTS

SEC. 201. ESTABLISHMENT OF DIRECTORATE FOR POLICY.

(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking sections 401 through 403 and inserting the following:

`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:

`(1) The Office of the Private Sector, which shall be administered by an Assistant Secretary for the Private Sector.

`(2) The Victim Assistance Officer.

`(3) The Tribal Security Officer.

`(4) The Border Community Liaison Officer.

`(5) Such other offices as considered necessary by the Under Secretary for Policy.

`(b) Under Secretary for Policy-

`(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.

`(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.

`(3) RESPONSIBILITIES- Subject to the direction and control of the Secretary, the responsibilities of the Under Secretary for Policy shall be as follows:

`(A) To serve as the principal policy advisor to the Secretary.

`(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.

`(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.

`(D) To conduct long-range, strategic planning for the Department, including overseeing the Comprehensive Homeland Security Review established in section 203.

`(E) To carry out such other responsibilities as the Secretary may determine are appropriate, consistent with this section.'.

(b) Ensuring Consideration of the Needs of Children-

(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.

(2) SPECIFIC FUNCTIONS- The Under Secretary for Policy shall--

(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;

(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;

(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; and

(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.

(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.

(c) Conforming Amendments- Such Act is further amended--

(1) by striking the heading for title IV and inserting the following:

`TITLE IV--DIRECTORATE FOR POLICY';

(2) by striking the heading for subtitle A of title IV and inserting the following:

`Subtitle A--Under Secretary for Policy';

(3) in section 103(a)(3), by striking `for Border and Transportation Security' and inserting `for Policy';

(4) in section 102(f)(9), by striking `the Directorate of Border and Transportation Security' and inserting `United States Customs and Border Protection';

(5) in section 411(a), by striking `under the authority of the Under Secretary for Border and Transportation Security,';

(6) in section 430--

(A) in subsection (a)--

(i) by striking `The' and inserting `There is in the Department an'; and

(ii) by striking `shall be' and all that follows through `Security';

(B) in subsection (b), by striking the second sentence; and

(C) by striking subsection (d).

(7) in section 441, by striking `Under Secretary for Border and Transportation Security' and inserting `Secretary';

(8) in section 442(a)--

(A) `who--'in paragraph (2), by striking and all that follows through `(B) shall' and inserting `who shall'; and

(B) in paragraph (3)--

(i) in subparagraph (A), by striking `Under Secretary for Border and Transportation Security' each place it appears and inserting `Secretary'; and

(ii) in subparagraph (C), by striking `Border and Transportation Security' and inserting `Policy';

(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';

(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';

(11) in section 472(e), by striking `or the Under Secretary for Border and Transportation Security'; and

(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'.

(d) Clerical Amendments- The table of contents in section 1(b) of such Act is amended--

(1) by striking the item relating to title IV and inserting the following:

`TITLE IV--DIRECTORATE FOR POLICY';

and

(2) by striking the items relating to subtitle A of title IV and inserting the following:

`Subtitle A--Under Secretary for Policy

`Sec. 401. Directorate for Policy.'.

SEC. 202. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.

(a) In General- Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

`SEC. 707. CHIEF OPERATING OFFICERS.

`(a) In General- The Chief Operating Officers of the Department include the following officials of the Department:

`(1) The Chief Financial Officer.

`(2) The Chief Procurement Officer.

`(3) The Chief Information Officer.

`(4) The Chief Human Capital Officer.

`(5) The Chief Administrative Officer.

`(6) The Chief Security Officer.

`(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.

`(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.'.

(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:

`Sec. 707. Chief Operating Officers.'.

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:

`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.

`(b) Purpose of Review- In each Comprehensive Homeland Security Review, the Secretary shall--

`(1) include a Department of Homeland Security Strategy that is consistent with the most recent National Strategy for Homeland Security prescribed by the President;

`(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; and

`(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.

`(c) Conduct of Review-

`(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.

`(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.

`(d) Report to Congress and the President-

`(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 section 1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the report is to be submitted.

`(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:

`(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.

`(B) An explanation of any and all underlying assumptions used in conducting the Review.

`(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.

`(D) The strategic and tactical air, border sea, and land capabilities and requirements to support the Department of Homeland Security Strategy.

`(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.

`(F) Any other matter the Secretary considers appropriate to include in the Review.

`(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.

`(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--

`(1) determining the tasks to be performed;

`(2) estimating the human, financial, and other resources required to perform each task;

`(3) establishing the schedule for the execution of all project tasks;

`(4) ensuring that these resources will be available as needed; and

`(5) all other preparations considered necessary by the Under Secretary.'.

(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:

`Sec. 402. Comprehensive Homeland Security Review.'.

SEC. 204. QUALIFICATIONS FOR THE UNDER SECRETARY FOR MANAGEMENT.

(a) Qualifications- Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at the end the following:

`(c) Qualifications- The Under Secretary for Management shall have all of the following qualifications:

`(1) Extensive executive level leadership and management experience in the public or private sector.

`(2) Strong leadership skills.

`(3) A demonstrated ability to manage large and complex organizations.

`(4) A proven record of achieving positive operational results.'.

(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 (6 U.S.C. 341), as amended by subsection (a), to serve as the Under Secretary for Management. The Secretary may submit the name of the individual who serves in the position of Under Secretary for Management of the Department of Homeland Security on the date of enactment of this Act together with a statement the informs the Congress that the individual meets the qualifications of such section as so amended.

SEC. 205. SENSE OF CONGRESS REGARDING CONSOLIDATION OF DEPARTMENT HEADQUARTERS.

(a) Findings- Congress finds that--

(1) the Department of Homeland Security and its component headquarters facilities are currently scattered widely throughout the National Capital Region (NCR);

(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;

(3) the Government Accountability Office continues to list `Implementing and Transforming the Department of Homeland Security' on its `High Risk list';

(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; and

(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.

(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.

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.

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 (6 U.S.C. 458(d)(5)) is amended by striking `to be a representative' and inserting `to be the primary representative'.

SEC. 208. GRANTING LINE AUTHORITY TO THE ASSISTANT SECRETARY FOR LEGISLATIVE AFFAIRS.

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is further amended by adding at the end the following:

`(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.'.

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--

(1) not later than 60 days after the date of the initiation of the action; and

(2) upon the conclusion of the performance of the contract.

(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.

(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.

(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--

(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;

(2) for fiscal year 2009, at least 6 percent of the overall budget of the Office for that fiscal year; and

(3) for fiscal year 2010, at least 7 percent of the overall budget of the Office for that fiscal year.

(e) Action by Inspector General- In the event the Inspector General becomes aware of any improper 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.

SEC. 302. AUTHORIZATION LIAISON OFFICER.

Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended by adding at the end the following:

`(d) Authorization Liaison Officer-

`(1) IN GENERAL- The Chief Financial Officer shall establish the position of Authorization Liaison Officer to provide timely budget and other financial information to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and other appropriate congressional committees. The Authorization Liaison Officer shall report directly to the Chief Financial Officer.

`(2) SUBMISSION OF REPORTS TO CONGRESS- The Authorization Liaison Officer shall coordinate with the Appropriations Liaison Officer within the Office of the Chief Financial Officer to ensure, to the greatest extent possible, that all reports 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.'.

SEC. 303. OFFICE OF THE INSPECTOR GENERAL.

(a) Authorization of Appropriations- Of the amount authorized by section 101, there is authorized to be appropriated to the Secretary of Homeland Security $108,500,000 for fiscal year 2008 for operations of the Office of the Inspector General of the Department of Homeland Security.

(b) Assisting the National Center for Missing and Exploited Children-

(1) IN GENERAL- An Inspector General of the Department of Homeland Security appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) may authorize staff to use funds authorized under subsection (a) to assist the National Center for Missing and Exploited Children, upon request by the Center--

(A) by conducting reviews of inactive case files that the Inspector General has reason to believe involve a child or possible offender located outside the United States, and to develop recommendations for further investigations; and

(B) by engaging in similar activities.

(2) LIMITATIONS-

(A) PRIORITY- An Inspector General may not permit staff to engage in activities 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.).

(B) FUNDING- No additional funds are authorized to be appropriated to carry out this paragraph.

SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT.

(a) In General- Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following:

`SEC. 104. CONGRESSIONAL NOTIFICATION.

`(a) In General- The Secretary shall actively 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.

`(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.

`(c) Classified Notification- The Secretary may submit any information required by this section in classified form if the information is classified pursuant to applicable national security standards.

`(d) Savings Clause- This section shall not be construed to limit or otherwise affect the congressional notification requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), insofar as they apply to the Department.

`(e) Definition- As used in this section, the term `congressional homeland security committees' means the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate.'.

(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:

`Sec. 104. Congressional notification.'.

(c) Coast Guard Mission Review Report- Section 888(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 468(f)(2)) is amended--

(1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F) respectively; and

(2) by striking subparagraph (A) and inserting the following:

`(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

`(B) the Committee on Homeland Security of the House of Representatives;'.

TITLE IV--PROCUREMENT 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:

`SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING.

`(a) Provision of Training- The Chief Procurement Officer shall provide homeland security procurement training to acquisition employees.

`(b) Responsibilities of Chief Procurement Officer- The Chief Procurement Officer shall carry out the following responsibilities:

`(1) Establish objectives to achieve the efficient and effective use of available acquisition resources by coordinating the acquisition education and training programs of the Department and tailoring them to support the careers of acquisition employees.

`(2) Develop, in consultation with the Council on Procurement Training established under subsection (d), the curriculum of the homeland security procurement training to be provided.

`(3) Establish, in consultation with the Council on Procurement Training, training standards, requirements, and courses to be required for acquisition employees.

`(4) Establish an appropriate centralized mechanism to control the allocation of resources for conducting such required courses and other training and education.

`(5) Select course providers and certify courses to ensure that the procurement training curriculum supports a coherent framework for the educational development of acquisition employees, including the provision of basic, intermediate, and advanced courses.

`(6) Publish an annual catalog that includes a list of the acquisition education and training courses.

`(7) Develop a system of maintaining records of student enrollment, and other data related to students and courses conducted pursuant to this section.

`(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.

`(d) Council on Procurement Training-

`(1) ESTABLISHMENT- The Secretary shall establish a Council on Procurement Training to advise and make policy and curriculum recommendations to the Chief Procurement Officer.

`(2) CHAIR OF COUNCIL- The chair of the Council on Procurement Training shall be the Deputy Chief Procurement Officer.

`(3) MEMBERS- The members of the Council on Procurement Training are the chief procurement officers of each of the following:

`(A) United States Customs and Border Protection.

`(B) The Transportation Security Administration.

`(C) The Office of Procurement Operations.

`(D) The Bureau of Immigration and Customs Enforcement.

`(E) The Federal Emergency Management Agency.

`(F) The Coast Guard.

`(G) The Federal Law Enforcement Training Center.

`(H) The United States Secret Service.

`(I) Such other entity as the Secretary determines appropriate.

`(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.

`(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.'.

(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following:

`Sec. 836. Homeland security procurement training.'.

SEC. 402. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR PROCUREMENT OFFICES.

(a) Definitions- For purposes of this section--

(1) the term `procurement office' means the Office of Procurement Operations and any other procurement office within any agency or other component of the Department;

(2) the term `annuitant' means an annuitant under a Government retirement system;

(3) the term `Government retirement system' has the meaning given such term by section 501(a); and

(4) the term `employee' has the meaning given such term by section 2105 of title 5, United States Code.

(b) Appointment Authority- The Secretary (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--

(1) the Secretary has submitted a request under section 8344(i) or 8468(f) of title 5, United States Code, on or after the date of the enactment of this Act, with respect to positions in procurement offices;

(2) the request described in paragraph (1) was properly filed; and

(3) the Office of Personnel Management has not responded to the request described in paragraph (1), by either approving, denying, or seeking more information regarding such request, within 90 days after the date on which such request was filed.

(c) Noncompetitive Procedures; Exemption From Offset- An appointment made under subsection (b) shall not be subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and any annuitant serving pursuant to such an appointment shall be exempt from sections 8344 and 8468 of such title 5 (relating to annuities and pay on reemployment) and any other similar provision of law under a Government retirement system.

(d) Limitations- No appointment under subsection (b) may be made if such appointment would result in the displacement of any employee or would cause the total number of positions filled by annuitants appointed under such subsection to exceed 250 as of any time (determined on a full-time equivalent basis).

(e) Rule of Construction- An annuitant as to whom an exemption under subsection (c) is in effect shall not be considered an employee for purposes of any Government retirement system.

(f) Termination of Authority- Effective 2 years after the date of the enactment of this Act--

(1) all authority to make appointments under subsection (b) shall cease to be available; and

(2) all exemptions under subsection (c) shall cease to be effective.

SEC. 403. ADDITIONAL REQUIREMENT TO REVIEW PAST PERFORMANCE OF CONTRACTORS.

(a) In General- Such subtitle is further amended by adding at the end the following new section:

`SEC. 837. REVIEW OF CONTRACTOR PAST PERFORMANCE.

`(a) Consideration of Contractor Past 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).

`(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.

`(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.'.

(b) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following:

`Sec. 837. Review of contractor past performance.'.

SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN 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 (41 U.S.C. 10a et seq.).

(b) Foreign Ownership or Control of Contractors and Subcontractors-

(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.

(2) FOREIGN OWNERSHIP OR CONTROL- In this subsection:

(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.

(B) The term `foreign person' means any of the following:

(i) A foreign government.

(ii) A corporation organized under the laws of a foreign country.

(iii) An individual who is not a citizen of the United States.

(3) REGULATIONS- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out this subsection.

SEC. 405. INTEGRITY IN CONTRACTING.

(a) In General- Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following:

`SEC. 838. INTEGRITY IN CONTRACTING.

`(a) Attestation Required- The Secretary shall require any offeror for any contract to provide goods or services to the Department to submit as part of the offeror's bid for such contract an attestation that 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.

`(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.

`(c) Certification Requirements-

`(1) IN GENERAL- The Secretary shall require any offeror for any contract to provide goods or services to the Department to submit to the 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--

`(A) is in default on any payment of any tax to the Federal Government; or

`(B) owes the Federal Government for any payment of any delinquent tax.

`(2) FAILURE OF CERTIFICATION- Nothing in this section shall prevent the Department from awarding a contract to an offeror based solely on the offeror's certification.'.

(b) Clerical Amendment- The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following:

`Sec. 838. Integrity in contracting.'.

SEC. 406. SMALL BUSINESS UTILIZATION REPORT.

(a) Report- Not later than 360 days after the date of the enactment of this Act, the Chief Procurement 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--

(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; and

(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.

(b) Action Plan-

(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).

(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).

(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).

(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 (15 U.S.C. 631 et seq.).

SEC. 407. REQUIREMENT THAT UNIFORMS, PROTECTIVE GEAR, BADGES, AND IDENTIFICATION CARDS OF HOMELAND SECURITY PERSONNEL BE MANUFACTURED IN THE UNITED STATES.

(a) In General- Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section:

`SEC. 839. REQUIREMENT THAT CERTAIN ARTICLES 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.

`(b) Covered Articles- An article referred to in subsection (a) is any of the following articles procured for personnel of the Department:

`(1) Uniforms.

`(2) Protective gear.

`(3) Badges or other insignia indicating the rank, office, or position of personnel.

`(c) Availability Exception- Subsection (a) does not apply to the extent that the Secretary determines that satisfactory quality and sufficient quantity of the 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--

`(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; and

`(2) include in that notification a certification that manufacturing the article outside the United States does not pose a risk to the national security of the United States, as well as a detailed 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.

`(d) Other Exceptions- Subsection (a) does not apply--

`(1) to acquisitions at or below the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)); and

`(2) to acquisitions outside the United States for use outside of the United States.

`(e) Use of Domestic Textiles- For fiscal year 2008 and each subsequent fiscal year, the Secretary shall take all available steps to ensure that, to the maximum extent practicable, the items described in subsection (b) procured by the Department are manufactured using domestic textiles.'.

(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:

`Sec. 839. Requirement that certain articles procured for Department personnel be manufactured in the United States.'.

(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.

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.

(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.

(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.

(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--

(1) an assessment of the program's effectiveness;

(2) identification of any barriers that restrict contractors from participating in the program;

(3) a comparison of the program with the Department of Defense Mentor-Protege Program; and

(4) development of recommendations to strengthen the program to include the maximum number of contractors as possible.

SEC. 409. REPORT ON SOURCE OF SHORTFALLS AT 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--

(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; and

(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.

TITLE V--WORKFORCE AND TRAINING IMPROVEMENTS

SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER PAY EQUITY.

(a) Definitions- For purposes of this section:

(1) The term `Government retirement system' means a retirement system established by law for employees of the Government of the United States.

(2) The term `Customs and Border Protection Officer position' refers to any Customs and Border Protection Officer position--

(A) which is within the Department of Homeland Security, and

(B) the primary duties of which consist of enforcing the border, customs, or agriculture laws of the United States;

such term includes a supervisory or administrative position within the Department of Homeland 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.

(3) The term `law enforcement officer' has the meaning given such term under the Government retirement system involved.

(4) The term `Executive agency' or `agency' has the meaning given under section 105 of title 5, United States Code.

(5) The term `prior qualified service' means service as a Customs and Border Protection Officer within the Department of Homeland Security, since its establishment in March 2003.

(b) Treatment as a Law Enforcement 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.

(c) Applicability- Subsection (b) shall apply in the case of--

(1) any individual first appointed to a Customs and Border Protection Officer position on or after the date of the enactment of this Act; and

(2) any individual who--

(A) holds a Customs and Border Protection Officer position on the date of the enactment of this Act pursuant to an appointment made before such date; and

(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.

(d) Individual Contributions for Prior Qualified Service-

(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).

(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.

(e) Government Contributions for Prior Qualified Service-

(1) IN GENERAL- If an individual makes an election under subsection (c)(2)(B), the Department of Homeland Security shall remit, with respect to any prior qualified service, the total amount of 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).

(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.

(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.

(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:

(1) An assessment of the reasons and goals for the establishment of the separate retirement system for law enforcement officers, as defined in section 8331 of title 5, United States Code, including the need for young and vigorous law enforcement officers, and whether such reasons and goals are currently appropriate.

(2) An assessment of the more recent reasons given for including additional groups of employees in such system, including recruitment and retention, and whether such reasons and goals are currently appropriate.

(3) A determination as to whether the system is achieving the goals in (1) and (2).

(4) A summary of potential alternatives to the system, including increased use of bonuses, 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.

(5) A recommendation for the definition of law enforcement officer.

(6) An detailed review of the current system including its mandatory retirement age and benefit accrual.

(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.

(8) Any other relevant information.

(h) Rule of Construction- Nothing in this section shall be considered to apply in the case of a reemployed annuitant.

(i) Regulations- Any regulations necessary to carry out this section shall be prescribed in consultation with the Secretary of Homeland Security.

SEC. 502. PLAN TO IMPROVE REPRESENTATION OF 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.

(b) Assessments- Not later than 1 year after receiving the plan, the Comptroller General of the United States shall assess--

(1) any programs and other measures currently being implemented to achieve the objective described in the first sentence of subsection (a); and

(2) the likelihood that the plan will allow the Department to achieve such objective.

(c) Definitions- For purposes of this section--

(1) the term `under representation' means when the members of a minority group within a 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;

(2) the term `minority groups' or `minorities' means--

(A) racial and ethnic minorities;

(B) women; and

(C) individuals with disabilities; and

(3) the term `category of civil service employment' means--

(A) each pay grade, pay band, or other classification of every pay schedule and all other levels of pay applicable to the Department of Homeland Security; and

(B) such occupational, professional, or other groupings (including occupational series) as the Chief Human Capital Officer of the Department of Homeland Security may specify, in the plan described in subsection (a), in order to carry out the purposes of this section.

SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL LAW ENFORCEMENT TRAINING CENTER TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS.

Section 1202(a) of the 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (42 U.S.C. 3771 note) is amended in the first sentence by striking `December 31, 2007' and inserting `December 31, 2008'.

SEC. 504. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL ANNUITANTS FOR CUSTOMS AND BORDER PROTECTION.

(a) Definitions- For purposes of this section--

(1) the term `CBP' means the United States Customs and Border Protection;

(2) the term `annuitant' means an annuitant under a Government retirement system;

(3) the term `Government retirement system' has the meaning given such term by section 501(a); and

(4) the term `employee' has the meaning given such term by section 2105 of title 5, United States Code.

(b) Appointment Authority- The Secretary (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--

(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;

(2) the request described in paragraph (1) was properly filed; and

(3) the Office of Personnel Management has not responded to the request described in paragraph (1), by either approving, denying, or seeking more information regarding such request, within 90 days after the date on which such request was filed.

(c) Noncompetitive Procedures; Exemption From Offset- An appointment made under subsection (b) shall not be subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and any annuitant serving pursuant to such an appointment shall be exempt from sections 8344 and 8468 of such title 5 (relating to annuities and pay on reemployment) and any other similar provision of law under a Government retirement system.

(d) Limitations- No appointment under subsection (b) may be made if such appointment would result in the displacement of any employee or would cause the total number of positions filled by annuitants appointed under such subsection to exceed 500 as of any time (determined on a full-time equivalent basis).

(e) Rule of Construction- An annuitant as to whom an exemption under subsection (c) is in effect shall not be considered an employee for purposes of any Government retirement system.

(f) Termination of Authority- Effective 2 years after the date of the enactment of this Act--

(1) all authority to make appointments under subsection (b) shall cease to be available; and

(2) all exemptions under subsection (c) shall cease to be effective.

SEC. 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:

(1) The establishment of a recruitment incentive for Border Patrol agents, including the establishment of a foreign language incentive award.

(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.

(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.

(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.

(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.

(b) Report-

(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.

(2) CONTENTS OF REPORT- The report required under paragraph (1) shall contain, at a minimum, the following with respect to each calendar quarter:

(A) The number of recruits who enter Border Patrol training.

(B) The number of recruits who successfully complete such training and become Border Patrol agents.

(C) The number of Border Patrol agents who are lost to attrition.

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.

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.

(b) Strengthening of Security Screening Policies-

(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.

(2) ELEMENTS- In strengthening security screening policies under paragraph (1), the Secretary shall consider whether and where appropriate ensure that--

(A) all components of the Department of Homeland Security meet or exceed Federal and Departmental standards for security clearance investigations, adjudications, and suitability reviews;

(B) the Department has a cadre of well-trained adjudicators and the Department has in place a program to train and oversee adjudicators; and

(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.

SEC. 508. AUTHORITIES OF CHIEF SECURITY OFFICER.

(a) Establishment- Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is further amended by adding at the end the following:

`SEC. 708. CHIEF SECURITY OFFICER.

`(a) Establishment- There is in the Department a Chief Security Officer.

`(b) Responsibilities- The Chief Security Officer shall--

`(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;

`(2) ensure that each component of the Department complies with Federal standards for security clearances and background investigations;

`(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; and

`(4) perform all other functions as determined by the Secretary.'.

(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:

`Sec. 708. Chief Security Officer.'.

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.

(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.

SEC. 510. HOMELAND SECURITY EDUCATION PROGRAM ENHANCEMENTS.

Section 845(b) of the Homeland Security Act of 2002 (6 U.S.C. 415(b)) is amended to read as follows:

`(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.'.

SEC. 511. REPEAL OF CHAPTER 97 OF TITLE 5, UNITED STATES CODE.

(a) Repeal-

(1) IN GENERAL- Effective as of the date specified in section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, United States Code (as added by section 841(a)(2) of such Act), section 841(b)(3) of such Act, and subsections (c) and (e) of section 842 of such Act are repealed.

(2) REGULATIONS- Any regulations prescribed under authority of chapter 97 of title 5, United States Code, are void ab initio.

(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.

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 section 8401(17) of title 5, United States Code) to serve as instructors of non-law enforcement classes.

SEC. 513. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL PROHIBITED.

(a) Termination Prohibited-

(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.

(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--

(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; or

(B) is a volunteer firefighter who--

(i) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred;

(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; and

(iii) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster.

(3) LIMITATIONS- The prohibition in paragraph (1) shall not apply to an employee who--

(A) is absent from the employee's employment for the purpose described in paragraph (1) for more than 14 days per calendar year;

(B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or

(C) fails to provide the written verification described in paragraph (5) within a reasonable period of time.

(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).

(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--

(A) the employee responded to the emergency or major disaster in an official capacity; and

(B) the schedule and dates of the employee's participation in such response.

(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--

(A) make a reasonable effort to notify the employee's employer of such absence; and

(B) continue to provide reasonable notifications over the course of such absence.

(b) Right of Action-

(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--

(A) reinstatement of the individual's former employment;

(B) payment of back wages;

(C) reinstatement of benefits; and

(D) if the employment granted seniority rights, reinstatement of seniority rights.

(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).

(c) Study and Report-

(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.

(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.

(d) Definitions- In this section--

(1) the term `emergency' has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122);

(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 (42 U.S.C. 5122);

(3) the term `qualified volunteer fire department' has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986;

(4) the term `volunteer emergency medical services' means emergency medical services performed on a voluntary basis for a fire department or other emergency organization; and

(5) the term `volunteer firefighter' means an individual who is a member in good standing of a qualified volunteer fire department.

TITLE VI--BIOPREPAREDNESS IMPROVEMENTS

SEC. 601. CHIEF MEDICAL OFFICER AND OFFICE OF HEALTH AFFAIRS.

Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is amended to read as follows:

`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').

`(b) Office of Health Affairs- There is in the Department an Office of Health Affairs, which shall be headed by the Chief Medical Officer.

`(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.

`(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--

`(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;

`(2) providing oversight for all medically-related actions and protocols of the Department's medical personnel;

`(3) administering the Department's responsibilities for medical readiness, including--

`(A) planning and guidance to support improvements in local training, equipment, and exercises funded by the Department; and

`(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;

`(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;

`(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;

`(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;

`(7) assuring that the Department's workforce has science-based policy, standards, requirements, and metrics for occupational safety and health;

`(8) supporting the operational requirements of the Department's components with respect to protective medicine and tactical medical support;

`(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;

`(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;

`(11) performing other duties relating to such responsibilities as the Secretary may require; and

`(12) directing and maintaining a coordinated system for medical support of the Department's operational activities.'.

SEC. 602. IMPROVING THE MATERIAL THREATS PROCESS.

(a) In General- Section 319F-2(c)(2)(A) of the Public Health Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended--

(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;

(2) by moving each of such subclauses two ems to the right;

(3) by striking `(A) MATERIAL THREAT- The Homeland Security Secretary' and inserting the following:

`(A) MATERIAL THREAT-

`(i) IN GENERAL- The Secretary of Homeland Security'; and

(4) by adding at the end the following clauses:

`(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.

`(iii) ORDER OF ASSESSMENTS-

`(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.