[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5813 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5813

To amend the Homeland Security Act of 2002 to provide for improvements 
    in the management and operations of the Department of Homeland 
                   Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2006

Mr. Rogers of Alabama (for himself and Mr. Meek of Florida) introduced 
  the following bill; which was referred to the Committee on Homeland 
Security, and in addition to the Committee on the Budget, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to provide for improvements 
    in the management and operations of the Department of Homeland 
                   Security, 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 title may be cited as the ``Department of Homeland Security 
Management and Operations Improvement Act of 2006''.

SEC. 2. COST-EFFECTIVE ENHANCEMENTS TO BORDER SECURITY.

    (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--
            (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; and
            (2) conducting a competitive sourcing study to compare the 
        costs of training new Border Patrol agents at a non-profit or 
        private training facility, including the use of private 
        training facilities to conduct portions of such training.
    (b) Limitation on Per-Agent Cost of Training.--
            (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 2007 per-agent cost of hiring, training, 
        and deploying each new Border Patrol agent does not exceed 
        $150,000.
            (2) Exception and certification.--
                    (A) In general.--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.
                    (B) Temporary suspension of training.--Until the 
                Secretary receives from the committees specified in 
                subparagraph (A) an approval with respect to such 
                increased per-agent cost, the Secretary shall suspend 
                any new hiring, training, and deploying of Border 
                Patrol agents.

SEC. 3. CONGRESSIONAL NOTIFICATION REQUIREMENTS.

    (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 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) Inspector General.--The Inspector General of the Department 
shall be responsible, independently of the responsibility of the 
Secretary under subsection (a), for keeping the congressional homeland 
security committees fully and currently informed of the Department's 
activities, including informing the congressional homeland security 
committees of major audits, investigations, or other activities of the 
Inspector General by no later than 72 hours prior to the release of, or 
at any time upon the request by such a committee for, the findings of 
major audits, investigations, or other activities. Additionally, the 
Inspector General shall provide to such a committee a written 
notification and summary of the contents of its semiannual and annual 
reports by no later than 72 hours prior to the release of such reports.
    ``(d) 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.
    ``(e) 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.
    ``(f) 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(a) of 
such Act is amended by inserting after the item relating to section 103 
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) in order 
        as subparagraphs (C) through (F); 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;''.

SEC. 4. ESTABLISHMENT OF DIRECTORATE FOR POLICY, PLANNING, AND 
              INTERNATIONAL AFFAIRS.

    (a) Establishment of Directorate.--The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by redesignating title VI as title XVIII, and moving 
        such title so as to appear after title XVII;
            (2) by striking the heading for such title and inserting 
        the following:

               ``TITLE XVIII--MISCELLANEOUS PROVISIONS'';

            (3) by redesignating section 601 as section 1801; and
            (4) by inserting after title V the following new title:

        ``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS

``SEC. 601. DIRECTORATE FOR POLICY, PLANNING, AND INTERNATIONAL 
              AFFAIRS.

    ``(a) Establishment.--There shall be in the Department a 
Directorate for Policy, Planning, and International Affairs.
    ``(b) Under Secretary for Policy.--The head of the Directorate 
shall be the Under Secretary for Policy, who shall be appointed by the 
President, by and with the consent of the Senate.
    ``(c) Responsibilities of Under Secretary.--
            ``(1) Policy responsibilities.--Subject to the direction 
        and control of the Secretary, the policy 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.
                    ``(C) To establish and implement a formal 
                policymaking process for the Department.
                    ``(D) To analyze, evaluate, and review the 
                completed, ongoing, and proposed programs of the 
                Department to ensure they are compatible with the 
                statutory and regulatory responsibilities of the 
                Department and with the Secretary's priorities, 
                strategic plans, and policies.
                    ``(E) 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.
                    ``(F) To represent the Department in any 
                development of policy that requires the Department to 
                consult with another Federal agency, the Office of the 
                President, a foreign government, or any other 
                governmental or private sector entity.
                    ``(G) To supervise and oversee policy development 
                undertaken by the component agencies and offices of the 
                Department.
            ``(2) Strategic planning responsibilities.--Subject to the 
        direction and control of the Secretary, the strategic planning 
        responsibilities of the Under Secretary for Policy shall be as 
        follows:
                    ``(A) To conduct long-range, strategic planning for 
                the Department.
                    ``(B) To prepare national and Department 
                strategies, as appropriate.
                    ``(C) To conduct net assessments of issues facing 
                the Department.
            ``(3) International responsibilities.--Subject to the 
        direction and control of the Secretary, the international 
        responsibilities of the Under Secretary for Policy shall be as 
        follows:
                    ``(A) To promote the exchange of information and 
                the sharing of best practices and technology relating 
                to homeland security with nations friendly to the 
                United States, including--
                            ``(i) the exchange of information on 
                        research and development on homeland security 
                        technologies;
                            ``(ii) joint training exercises of first 
                        responders in coordination with the Assistant 
                        Secretary for Grants and Training; and
                            ``(iii) exchanging expertise and 
                        information on terrorism prevention, response, 
                        and crisis management.
                    ``(B) To identify any homeland security-related 
                area in which the United States and other nations and 
                appropriate international organizations could 
                collaborate to improve capabilities and to encourage 
                the exchange of information or sharing of best 
                practices and technology relating to that area.
                    ``(C) To plan and participate in international 
                conferences, exchange programs (including the exchange 
                of scientists, engineers, and other experts), and other 
                training activities with friendly nations
                    ``(D) To manage international activities within the 
                Department in coordination with other Federal officials 
                with responsibility for counterterrorism matters.
                    ``(E) To oversee the activities of Department 
                personnel operating in other countries or traveling to 
                other countries,
                    ``(F) To represent the Department in international 
                negotiations, working groups, and standards-setting 
                bodies.
            ``(4) Private sector.--
                    ``(A) To create and foster strategic communications 
                with the private sector to enhance the primary mission 
                of the Department to protect the United States.
                    ``(B) To advise the Secretary on the impact on the 
                private sector of the policies, regulations, processes, 
                and actions of the Department.
                    ``(C) To coordinate with other relevant Federal 
                agencies with missions related to homeland security to 
                assess the impact of the actions of such agencies on 
                the private sector.
                    ``(D) To create and manage private sector advisory 
                councils composed of representatives of industries and 
                associations designated by the Secretary--
                            ``(i) to advise the Secretary on private 
                        sector products, applications, and solutions as 
                        they relate to homeland security challenges; 
                        and
                            ``(ii) to advise the Secretary on homeland 
                        security policies, regulations, processes, and 
                        actions that affect the participating 
                        industries and associations.
                    ``(E) To promote existing public-private 
                partnerships and develop new public-private 
                partnerships to provide for collaboration and mutual 
                support to address homeland security challenges.
                    ``(F) To coordinate industry efforts, with respect 
                to functions of the Department, to identify private 
                sector resources and capabilities that could be 
                effective in supplementing Federal, State, and local 
                government agency efforts to prevent or respond to acts 
                of terrorism.
                    ``(G) To coordinate among the Department's 
                operating entities and with the Assistant Secretary for 
                Trade Development of the Department of Commerce on 
                issues related to the travel and tourism industries.

``SEC. 602. OFFICE OF INTERNATIONAL AFFAIRS.

    ``(a) Establishment.--There is established within the Directorate 
of Policy, Planning, and International Affairs an Office of 
International Affairs. The Office shall be headed by an Assistant 
Secretary, who shall be appointed by the Secretary.
    ``(b) Duties of the Assistant Secretary.--The Assistant Secretary 
shall have the following duties:
            ``(1) To promote information and education exchange with 
        nations friendly to the United States in order to promote 
        sharing of best practices and technologies relating to homeland 
        security. Such exchange shall include the following:
                    ``(A) Exchange of information on research and 
                development on homeland security technologies.
                    ``(B) Joint training exercises of first responders.
                    ``(C) Exchange of expertise on terrorism 
                prevention, response, and crisis management.
            ``(2) To identify areas for homeland security information 
        and training exchange where the United States has a 
        demonstrated weakness and another friendly nation or nations 
        have a demonstrated expertise.
            ``(3) To plan and undertake international conferences, 
        exchange programs, and training activities.
            ``(4) To manage international activities within the 
        Department in coordination with other Federal officials with 
        responsibility for counter-terrorism matters.

``SEC. 603. OTHER OFFICES AND OFFICIALS.

    ``The Under Secretary for Policy shall establish the following 
offices in the Directorate for Policy, Planning, and International 
Affairs:
            ``(1) The Office of Policy, which shall--
                    ``(A) be administered by an Assistant Secretary for 
                Policy; and
                    ``(B) shall consist of--
                            ``(i) an Office of Strategic Plans;
                            ``(ii) a Secure Border Initiative Program 
                        Office;
                            ``(iii) a Screening Coordination and 
                        Operations Office; and
                            ``(iv) such other offices as are considered 
                        appropriate by the Secretary.
            ``(2) The Office of the Private Sector.
            ``(3) The Victim Assistance Officer.
            ``(4) The Tribal Security Officer.
            ``(5) Such other offices as considered necessary by the 
        Under Secretary for Policy.''.
    (b) Conforming Amendments.--Section 879 of the Homeland Security 
Act of 2002 (6 U.S.C. 459) is repealed.
    (c) Clerical Amendments.--The table of contents in section 1(a) of 
such Act is amended--
            (1) by striking the item relating to section 879;
            (2) by striking the items relating to title VI and 
        inserting the following:

        ``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS

``Sec. 601. Directorate for Policy, Planning, and International 
                            Affairs.
``Sec. 602. Office of International Affairs.
``Sec. 603. Other offices and officials.'';
    and
            (3) by inserting after the items relating to title XVII the 
        following:

                ``TITLE XVIII--MISCELLANEOUS PROVISIONS

``Sec. 1801. Treatment of charitable trusts for members of the armed 
                            forces of the United States and other 
                            governmental organizations.''.

SEC. 5. STRENGTHENING LINES OF AUTHORITY FOR MANAGEMENT DIRECTORATE 
              OPERATING OFFICERS.

    Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is 
amended--
            (1) in subsection (a) by redesignating paragraph (11) as 
        paragraph (12), and by inserting after paragraph (10) the 
        following:
            ``(11) The integration and consolidation of the 
        Department's business and other management systems, including--
                    ``(A) financial management and accounting systems;
                    ``(B) procurement systems;
                    ``(C) information technology; and
                    ``(D) human resources programs and training 
                systems.''; and
            (2) by adding at the end the following:
    ``(c) Authority of Chief Operating Officers Over Departmental 
Counterparts.--
            ``(1) In general.--The Under Secretary for Management shall 
        ensure that chief operating officers of the Department, 
        including the Chief Financial Officer, the Chief Procurement 
        Officer, the Chief Information Officer, and the Chief Human 
        Capital Officer, have adequate authority over their respective 
        counterparts in component agencies of the Department to ensure 
        that such component agencies adhere to the laws, rules, 
        regulations, and departmental policies which the chief 
        operating officers are responsible for implementing.
            ``(2) Included authorities.--The authorities of a chief 
        operating officer pursuant to paragraph (1) shall include, with 
        respect to the officer's counterparts in component agencies of 
        the Department, the following:
                    ``(A) Making recommendations regarding the hiring 
                and termination of individuals.
                    ``(B) Developing performance measures.
                    ``(C) Submitting written performance evaluations 
                during the performance evaluation process that shall be 
                considered in performance reviews, including 
                recommendations for bonuses, pay raises, and 
                promotions.
                    ``(D) Withholding funds from the relevant component 
                agency that would otherwise be available for a 
                particular purpose until the relevant component agency 
                complies with the directions of the chief operating 
                officer or makes substantial progress towards meeting 
                the specified goal.''.

SEC. 6. HOMELAND SECURITY SMALL BUSINESS DATABASE.

     (a) Establishment and Consultation.--Title V of the Homeland 
Security Act of 2002 (6 U.S.C. 311 et seq.) is amended--
            (1) by redesignating the second section 510 as section 511; 
        and
            (2) by adding at the end the following:

``SEC. 512. SMALL BUSINESS DATABASE FOR FEDERAL CONTRACTING RELATED TO 
              MAJOR DISASTERS AND EMERGENCY ASSISTANCE ACTIVITIES: 
              ESTABLISHMENT AND CONSULTATION.

    ``(a) Establishment of Database.--The Secretary shall establish and 
maintain a database of small business concerns.
    ``(b) Included Information.--The database under subsection (a) 
shall include the following information about each small business 
concern:
            ``(1) The name of the small business concern.
            ``(2) The location of the small business concern.
            ``(3) The area served by the small business concern.
            ``(4) The type of good or service provided by the small 
        business concern.
            ``(5) Whether the small business concern is--
                    ``(A) a small business concern owned and controlled 
                by socially and economically disadvantaged individuals;
                    ``(B) a small business concern owned and controlled 
                by women; or
                    ``(C) a small business concern owned and controlled 
                by service-disabled veterans.
    ``(c) Source of Information.--
            ``(1) Submission.--Information maintained in the database 
        shall be submitted on a voluntary basis by small business 
        concerns.
            ``(2) Attestation.--Each small business concern submitting 
        information to the database shall submit--
                    ``(A) an attestation that the information submitted 
                is true; and
                    ``(B) documentation supporting such attestation.
            ``(3) Verification.--The Secretary shall verify only that 
        the documentation submitted by each small business concern 
        supports the information submitted by that small business 
        concern.
            ``(4) Enforcement penalties for misrepresentation.--Any 
        concern that is determined by the Secretary to have 
        misrepresented the status of that concern as a small business 
        concern owned and controlled by socially and economically 
        disadvantaged individuals, a small business concern owned and 
        controlled by women, or a small business concern owned and 
        controlled by service-disabled veterans for purposes of this 
        subsection shall be subject to--
                    ``(A) section 1001 of title 18, United States Code; 
                and
                    ``(B) sections 3729 through 3733 of title 31, 
                United States Code.
    ``(d) Availability of Database.--The database shall be made 
generally available on the Internet website of the Department.
    ``(e) Consultation of Database.--Before awarding a Federal contract 
for a disaster-related activity, agencies in the Department shall 
consult the database established under this section.
    ``(f) Database Integration.--The database established under this 
section shall be integrated into any procurement-related database 
developed by the Department.
    ``(g) Definitions.--For purposes of this section, the terms `small 
business concern', `small business concern owned and controlled by 
socially and economically disadvantaged individuals', `small business 
concern owned and controlled by women', and `small business concern 
owned and controlled by service-disabled veterans' shall have the 
meanings given those terms under the Small Business Act (15 U.S.C. 631 
et seq.).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the items 
relating to section 509 the following:

``Sec. 510. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.
``Sec. 512. Small business database for Federal contracting related to 
                            declared emergencies: establishment and 
                            consultation.''.
    (c) Effective Date.--The Secretary shall establish the database 
required under section 512 of the Homeland Security Act of 2002 (as 
added by subsection (a)) not later than the date that is 60 days after 
the date of the enactment of this Act.

SEC. 7. 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 
described in 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 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 problems identified in such report.
    (d) Authorization of Appropriations.--In addition to amounts that 
are otherwise authorized to be appropriated to the Office of the 
Inspector General, an additional amount equal to at least five percent 
for fiscal year 2007, at least six percent for fiscal year 2008, and at 
least seven percent for fiscal year 2009 of the overall budget of the 
Office for each such fiscal year is authorized to be appropriated to 
the Office to enable the Office to carry out this section.
    (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 
information related to such improper conduct or wrongdoing to the 
Secretary of Homeland Security or other appropriate official in the 
Department of Homeland Security for purposes of evaluating whether to 
suspend or debar the contractor.

SEC. 8. 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.--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 and the Committee 
on Homeland Security and Governmental Affairs of the Senate. The 
Authorization Liaison Officer shall report directly to the Chief 
Financial Officer.''.

SEC. 9. REQUIRED BUDGET LINE ITEM REGARDING OFFICE OF COUNTERNARCOTICS 
              ENFORCEMENT.

    Section 1105(a) of title 31, United States Code, is amended--
            (1) by redesignating the second paragraph (33) as paragraph 
        (35); and
            (2) in paragraph (35), as so redesignated, in subparagraph 
        (A) by striking ``and'' after the semicolon at the end of 
        clause (ii), by striking the period at the end of clause (iii) 
        and inserting ``; and'', and by adding at the end the 
        following:
            ``(iv) a separate line item for each such fiscal year for 
        expenditures by the Office of Counternarcotics Enforcement of 
        the Department of Homeland Security.''.

SEC. 10. CONTINUATION OF AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF 
              FEDERAL ANNUITANTS TO SUPPORT TRAINING FOR BORDER 
              SECURITY PURPOSES.

    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--
            (1) by striking ``enactment of this Act'' and inserting 
        ``enactment of the Department of Homeland Security Management 
        and Operations Improvement Act of 2006''; and
            (2) by striking ``250'' and inserting ``350''.

SEC. 11. EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) Officer for Civil Rights and Civil Liberties as Coordinator for 
the Secretary.--Section 705(a) of the Homeland Security Act of 2002 (6 
U.S.C. 345(a)) is amended by striking ``and'' after the semicolon at 
the end of paragraph (5), by striking the period at the end of 
paragraph (6) and inserting ``; and'', and by adding at the end the 
following:
            ``(7) serve as the Secretary's coordinator for issues 
        relating to individuals with disabilities and emergency 
        mitigation, preparedness, response, and recovery, by assisting 
        the Secretary and directorates and offices of the Department to 
        develop, implement, and periodically review relevant policies 
        and procedures.''.
    (b) Coordinator for Director of FEMA.--Section 507 of the Homeland 
Security Act of 2002 (6 U.S.C. 317) is amended by adding at the end the 
following:
    ``(c) Coordinator for Issues Relating to Individuals With 
Disabilities.--The Director of the Federal Emergency Management Agency 
shall appoint an individual to serve as the Director's coordinator for 
issues relating to individuals with disabilities. Such individual shall 
report to the Director and to the Officer for Civil Rights and Civil 
Liberties.''.
    (c) Coordinator for Under Secretary for Preparedness.--Section 502 
of the Homeland Security Act of 2002 (6 U.S.C. 312) is amended by 
inserting ``(a) In General.--'' before ``The Secretary'', and by adding 
at the end the following:
    ``(b) Coordinator for Issues Relating to Individuals With 
Disabilities.--The Under Secretary for Preparedness shall appoint a 
coordinator for issues relating to individuals with disabilities. Such 
individual shall report to the Under Secretary and to the Officer for 
Civil Rights and Civil Liberties.''.

SEC. 12. GAO STUDY ON ACCESSIBILITY OF EMERGENCY SHELTERS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a national study regarding whether, and, if so, to what extent, 
emergency shelters for use in response to a major disaster, as that 
term is defined in section 102(2) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), are accessible 
to, and usable by, individuals with disabilities.
    (b) Report.--Not later than 12 months after the date of enactment 
of this Act, the Comptroller General shall submit a report summarizing 
the results of this study to the Committee on Homeland Security and 
Governmental Affairs and the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Homeland Security and the 
Committee on Education and the Workforce of the House of 
Representatives.

SEC. 13. PROTECTION OF NAME, INITIALS, INSIGNIA, AND SEAL.

    Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is 
amended by adding at the end the following new subsection:
    ``(d) Protection of Name, Initials, Insignia, and Seal.--
            ``(1) In general.--Except with the written permission of 
        the Secretary, no person may knowingly use, in connection with 
        any advertisement, commercial activity, audiovisual production 
        (including, but not limited to, film or television production), 
        impersonation, Internet domain name, Internet e-mail address, 
        or Internet web site, merchandise, retail product, or 
        solicitation in a manner reasonably calculated to convey the 
        impression that the Department or any organizational element of 
        the Department has approved, endorsed, or authorized such use, 
        any of the following (or any colorable imitation thereof):
                    ``(A) The words `Department of Homeland Security', 
                the initials `DHS', the insignia or seal of the 
                Department, or the title `Secretary of Homeland 
                Security'.
                    ``(B) The name, initials, insignia, or seal of any 
                organizational element (including any former such 
                element) of the Department, or the title of any other 
                officer or employee of the Department, notice of which 
                has been published by the Secretary of Homeland 
                Security in accordance with paragraph (3).
            ``(2) Civil action.--Whenever it appears to the Attorney 
        General that any person is engaged or is about to engage in an 
        act or practice which constitutes or will constitute conduct 
        prohibited by subsection (d)(1), the Attorney General may 
        initiate a civil proceeding in a district court of the United 
        States to enjoin such act or practice. Such court shall proceed 
        as soon as practicable to the hearing and determination of such 
        action and may, at any time before final determination, enter 
        such restraining orders or prohibitions, or take such other 
        actions as is warranted, to prevent injury to the United States 
        or to any person or class of persons for whose protection the 
        action is brought.
            ``(3) Notice and publication.--The notice and publication 
        to which paragraph (d)(1)(B) refers is a notice published in 
        the Federal Register including the name, initials, seal or 
        class of titles protected under paragraph (d)(1)(B) and a 
        statement that they are protected under that provision. The 
        Secretary may amend such notices from time to time as the 
        Secretary determines appropriate in the public interest and 
        shall publish such amendments in the Federal Register.
            ``(4) Audiovisual production.--or the purpose of this 
        subsection, `audiovisual production' means the production of a 
        work that consists of a series of related images which are 
        intrinsically intended to be shown by the use of machines or 
        devices such as projectors, viewers, or electronic equipment, 
        together with accompanying sounds, if any, regardless of the 
        nature of the material objects, such as films or tapes, in 
        which the work is embodied.''.

SEC. 14. HOMELAND SECURITY PROCUREMENT TRAINING.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 is amended by adding at the end the following new section:

``SEC. 890A. HOMELAND SECURITY PROCUREMENT TRAINING.

    ``(a) Establishment.--The Under Secretary for Management shall 
provide homeland security procurement training to acquisition 
employees.
    ``(b) Responsibilities of Under Secretary for Management.--The 
Under Secretary for Management shall carry out the following 
responsibilities:
            ``(1) To 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) To develop, in consultation with the Council on 
        Procurement Training, the curriculum of the homeland security 
        procurement training to be provided.
            ``(3) To establish, in consultation with the Council on 
        Procurement Training, training standards, requirements, and 
        courses to be required for acquisition employees.
            ``(4) To establish an appropriate centralized mechanism to 
        control the allocation of resources for conducting such 
        required courses and other training and education.
            ``(5) To 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) To publish an annual catalog that includes a list of 
        the acquisition education and training courses.
            ``(7) To develop a system of maintaining records of student 
        enrollment, and other data related to students and courses 
        conducted pursuant to this section.
    ``(c) Provision of Instruction.--The Under Secretary shall provide 
procurement training to acquisition employees of any office under 
subsection (d)(3). 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 Under Secretary.
            ``(2) Chair of council.--The chair of the Council on 
        Procurement Training shall be the Under Secretary for 
        Management.
            ``(3) Members.--The members of the Council on Procurement 
        Training are the chief procurement officers of each of the 
        following:
                    ``(A) The Customs and Border Protectorate
                    ``(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 Under Secretary for 
                Management determines is 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 
Under Secretary for Management 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. 890A. Homeland security procurement training.''.

SEC. 15. GAO STUDY OF INTEGRATION AND ADEQUACY OF TRAINING PROGRAMS 
              RELATED TO ASYLUM AT PORTS OF ENTRY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the integration and adequacy of training for 
Department of Homeland Security personnel who interdict, interview, and 
process asylum seekers ports of entry, including at airports, in the 
United States.
    (b) Contents of Study.--The study shall include--
            (1) an assessment of whether such training provides such 
        personnel with adequate and clear guidance on the standards for 
        handling asylum seekers;
            (2) an assessment of whether such personnel coordinate 
        appropriately to ensure that relevant United States laws are 
        fully enforced; and
            (3) recommendations, as appropriate, for steps that the 
        Secretary of Homeland Security should take to provide better 
        integration and adequacy of such training to such personnel in 
        order to better secure the borders of the United States while 
        ensuring that asylum seekers are properly processed and their 
        claims are fully evaluated.
    (c) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Comptroller General shall submit a report 
summarizing the results of the study to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate.

SEC. 16. NATIONAL HOMELAND SECURITY UNIVERSITY.

     (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 is amended by adding at the end the following new section:

``SEC. 890B. NATIONAL HOMELAND SECURITY UNIVERSITY.

    ``(a) Establishment.--The Secretary of Homeland Security shall 
establish a National Homeland Security University for senior officials 
that serves as a capstone to other educational and training 
opportunities in the National Capital Region.
    ``(b) Mission.--The University shall conduct a graduate-level 
curriculum to prepare government officials for senior homeland security 
and counterterrorism assignments in Federal, State, tribal, and local 
governments.
    ``(c) Curriculum Content.--
            ``(1) In general.--The curriculum of the University shall--
                    ``(A) provide senior government officials with a 
                strategic perspective of homeland security and 
                counterterrorism that transcends organizations, levels 
                of government, and response disciplines, and includes 
                private sector perspectives;
                    ``(B) focus on all hazards and all phases of 
                emergency preparedness and response; and
                    ``(C) expand students' understanding of the 
                strategic aspects of homeland security and 
                counterterrorism planning, policy development, incident 
                management, support functions, and related topics.
            ``(2) Specification of requirements.--The Under Secretary 
        for Preparedness shall specify curriculum requirements to 
        accomplish the mission of the University.
            ``(3) Leveraging of existing courses.--The development of 
        the University curriculum shall leverage existing Masters 
        Degree courses in homeland security that are approved by the 
        Secretary, learning materials, quality assessment tools, 
        digital libraries, exercise systems, and other curriculum 
        components already being delivered by universities and training 
        facilities, such as the Center for Domestic Preparedness.
    ``(d) Student Enrollment.--
            ``(1) Sources.--The student body of the University shall 
        include officials from Federal, State, tribal, and local 
        governments, and from other sources as designated by the Under 
        Secretary for Preparedness.
            ``(2) Enrollment priorities and selection criteria.--The 
        Under Secretary for Preparedness shall establish policies 
        governing student enrollment priorities and selection criteria, 
        consistent with the mission of the University.
            ``(3) Diversity.--The Secretary shall take reasonable steps 
        to ensure that the student body represents racial, gender, and 
        ethnic diversity.
    ``(e) Service Commitment.--
            ``(1) In general.--An employee selected for training shall 
        agree in writing with the Government before assignment to 
        training to do the following--
                    ``(A) continue in the service of the sponsoring 
                agency after the end of the training period for a 
                period not less than two years after the completion of 
                the training unless he is involuntarily separated from 
                the service of his agency for reasons other than 
                reduction in force; and
                    ``(B) pay to the Government the amount of the 
                additional expenses incurred by the Government in 
                connection with this training if the employee is 
                voluntarily separated from the service to the agency 
                before the end of the period for which the employee has 
                agreed to continue in the service of the agency.
            ``(2) Payment of expenses.--
                    ``(A) Exemption.--The payment agreed to under 
                subsection (1)(b) of this section may not be required 
                of an employee who leaves the service of the sponsoring 
                agency to enter into the service of another agency in 
                any branch of the Government unless the head of the 
                agency that authorized the training notifies the 
                employee before the effective date of his entrance into 
                the service of the other agency that payment will be 
                required under this section.
                    ``(B) Amount of payment.--If payment is required, 
                the sponsoring agency shall determine a payment amount 
                which is not greater than a pro rata share of the 
                expenses incurred for the time remaining in the two-
                year period.
            ``(3) Recovery of payment.--If an employee, except an 
        employee relieved of liability under subsection (2) of this 
        section fails to fulfill the agreement to pay to the Government 
        the additional expenses incurred by the Government in 
        connection with his training, a sum equal to the amount of the 
        additional expenses of training is recoverable by the 
        Government from the employee or his estate by--
                    ``(A) setoff against accrued pay, compensation, 
                amount of retirement credit, or other amount due the 
                employee from the Government; and
                    ``(B) such other method as is provided by law for 
                the recovery of amounts owing to the Government.
    ``(f) University Governance, Management, and Staffing.--
            ``(1) In general.--The Under Secretary for Preparedness 
        shall establish policies governing the recruitment and 
        governance of the faculty of the University, shall identify 
        such leadership positions within the University as necessary 
        for its management, and shall establish policies governing the 
        selection of personnel to fill those leadership positions.
            ``(2) Board of advisors.--The Under Secretary shall appoint 
        a Board of Advisors for the University to oversee the 
        governance of the University, consistent with requirements for 
        curriculum accreditation.
            ``(3) Leverage the faculty and collaborative governance 
        arrangements.--In establishing University staffing and 
        governance policies, the Under Secretary shall, to the maximum 
        extent possible, leverage the faculty and collaborative 
        governance arrangements already established between existing 
        Department-sponsored graduate education and training programs.
    ``(g) Program Structure.--The Under Secretary for Preparedness 
shall ensure that the programs of the University--
            ``(1) are scalable and portable in order to reach the 
        widest audiences;
            ``(2) include traditional in-residence courses in the 
        District of Columbia;
            ``(3) offer regional, web-enabled, and virtual educational 
        programs; and
            ``(4) utilize innovative educational methodologies, such as 
        simulation centers, for use by faculty, students, and 
        government officials.''.
    (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. 890B. National Homeland Security University.''.

SEC. 17. CANINE DETECTION TEAM AUGMENTATION AND CERTIFICATION.

    (a) Increasing the Number of Trained Canine Detection Teams.--
            (1) Increase.--In each of fiscal years 2007 through 2011, 
        the Secretary of Homeland Security shall, subject to the 
        availability of appropriations for such purpose, increase the 
        number of trained canine detection teams of the Department over 
        the number of such teams deployed or available on the last day 
        of the preceding fiscal year as follows:
                    (A) Customs and border protection.--An increase of 
                not less than 25 percent the number of trained canine 
                detection teams deployed at and between the Nation's 
                ports of entry.
                    (B) Transportation security administration.--
                Increase by not less than 25 percent the number of 
                trained detection canines deployed at the Nation's 
                airports and mass transit systems.
                    (C) Coast guard, united states secret service, 
                federal protective service, and federal emergency 
                management agency.--Increase by not less than 25 
                percent the number of trained canine detection teams 
                available to Coast Guard stations, Secret Service 
                operations, and Federal Protective Service operations 
                across the country, and to the Federal Emergency 
                Management Agency to ensure their availability as 
                needed in emergencies.
            (2) Notification of congress.--If the Secretary determines 
        that an agency referred to in subsection (a) is unable to 
        achieve the increase required under subsection (a) for such 
        reasons as cost or availability, the Secretary shall notify the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate, describing the reasons why the agency is unable 
        to achieve the increase.
    (b) Coordination, Enhancement, and Improvement of Canine Detection 
Teams.--
            (1) In general.--The Homeland Security Act of 2002 is 
        amended by adding at the end the following:

                 ``TITLE XIX--MISCELLANEOUS PROVISIONS

                  ``Subtitle A--Canine Detection Teams

``SEC. 1901. COORDINATION AND ENHANCEMENT OF CANINE PROTECTION TEAM 
              TRAINING.

    ``The Secretary shall--
            ``(1) fully coordinate the canine training programs of the 
        Department that support the Department's counter-terrorism, 
        counter-smuggling, transportation security, and border security 
        missions and other missions of the Department, including, with 
        respect to the research and development of new canine training 
        methods, the optimum number and type of training aids, and 
        measurements for efficiency and effectiveness;
            ``(2) ensure that the Department is maximizing its use of 
        existing training facilities and resources to train canines 
        throughout the year; and
            ``(3) coordinate the use of detection canines trained by 
        other Federal agencies, nonprofit organizations, universities, 
        and private training facilities in order to increase the number 
        of trained detection canines available to Federal, State, and 
        local law enforcement agencies.

``SEC. 1902. CANINE PROCUREMENT.

    ``The Secretary shall--
            ``(1) make it a priority to increase the number of 
        domestically bred canines used by the Department to assist in 
        its counter-terrorism mission, including the protection of 
        ports of entry and along the United States border;
            ``(2) increase the utilization of domestically bred canines 
        from universities and private and nonprofit sources in the 
        United States; and
            ``(3) consult with other Federal, State, and local 
        agencies, nonprofit organizations, universities, and private 
        entities that use detection canines, such as those 
        participating in the Scientific Working Group on Dog and 
        Orthogonal Detectors (popularly known as `SWGDOG'), as well as 
        the Office of Management and Budget, to encourage domestic 
        breeding of canines and consolidate canine procurement, where 
        possible, across the Federal Government to reduce the cost of 
        purchasing canines.

``SEC. 1903. DOMESTIC CANINE BREEDING GRANT PROGRAM.

    ``(a) Establishment of Program.--The Secretary shall establish a 
competitive grant program for domestic breeders of canines. The purpose 
of the grant program shall be to encourage the development and growth 
of canine breeds that are best suited for detection training purposes 
within the United States.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2007 through 2011.

``SEC. 1904. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD.

    ``(a) Establishment of Accreditation Board.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the national voluntary consensus standards referred to 
        in subsection (b)(1) are issued, the Secretary, in consultation 
        with the Secretary of Defense, the Secretary of State, and the 
        Attorney General, shall establish a Homeland Security Canine 
        Detection Accreditation Board to develop and implement a 
        process for certifying compliance with such standards.
            ``(2) Membership.--The membership of the Accreditation 
        Board shall consist of experts in the fields of canine training 
        and explosives detection from Federal and State agencies, 
        universities, other research institutions, and the private 
        sector, such as those represented on the Executive Board of 
        SWGDOG.
    ``(b) Accreditation Process.--The Accreditation Board shall 
establish and implement a voluntary accreditation process to--
            ``(1) certify that persons conducting certification of 
        canine detection teams appropriately ensure that the canine 
        detection teams meet the national voluntary consensus standards 
        developed by SWGDOG;
            ``(2) ensure that canine detection teams do not put public 
        safety and the safety of law enforcement personnel at risk due 
        to fraud or weaknesses in the initial or maintenance training 
        curriculum; and
            ``(3) maintain and update a public list of entities 
        accredited by the Department to certify canine detection teams.
    ``(c) Compliance With Standards.--Beginning not later than the date 
that is 180 days after the date on which the standards referred to in 
subsection (b)(1) are issued, the Secretary shall require that grant 
funds administered by the Department may not be used to acquire a 
canine detection team unless--
            ``(1) the canine detection team is certified under the 
        process established under subsection (b); or
            ``(2) the Secretary determines that the applicant has shown 
        special circumstances that justify the acquisition of canines 
        that are not certified under the process established under 
        subsection (b).

``SEC. 1905. DEFINITIONS.

    ``In this subtitle:
            ``(1) Canine detection team.--The term `canine detection 
        team' means a canine and a canine handler.
            ``(2) Certifying entity.--The term `certifying entity' 
        means an entity that oversees the processes and procedures used 
        to train and test canine detection teams.
            ``(3) SWGDOG.--The term `SWGDOG' means the Scientific 
        Working Group of Dog and Orthogonal Detectors.''.
            (2) Clerical amendment.--The table of sections in section 
        1(b) of such Act is amended by adding at the end the following:

                 ``TITLE XIX--MISCELLANEOUS PROVISIONS

                  ``Subtitle A--Canine Detection Teams

``Sec. 1901. Coordination and enhancement of canine protection team 
                            training.
``Sec. 1902. Canine procurement.
``Sec. 1903. Domestic canine breeding grant program.
``Sec. 1904. Homeland Security Canine Detection Accreditation Board.
``Sec. 1905. Definitions.''.
            (3) Report.--Not later than 120 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        report to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate on the plan of the Secretary 
        to coordinate and consolidate the canine training programs of 
        the Department of Homeland Security in accordance with section 
        1901 of the Homeland Security Act of 2002, as added by 
        paragraph (1).

SEC. 18. SHADOW WOLVES TRANSFER.

    (a) Transfer of Existing Unit.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall transfer to United States Immigration and Customs Enforcement all 
functions (including the personnel, assets, and liabilities 
attributable to such functions) of the Customs Patrol Officer unit 
operating on the Tohono O'odham Indian reservation (commonly known as 
the ``Shadow Wolves'' unit).
    (b) Establishment of New Units.--The Secretary is authorized to 
establish within United States Immigration and Customs Enforcement 
additional units of Customs Patrol Officers in accordance with this 
section, as appropriate.
    (c) Duties.--The Customs Patrol Officer unit transferred pursuant 
to subsection (a), and additional units established pursuant to 
subsection (b), shall operate on Indian lands by preventing the entry 
into the United States of terrorists, other unlawful aliens, 
instruments of terrorism, narcotics, and other contraband.
    (d) Basic Pay for Journeyman Officers.--A Customs Patrol Officer in 
a unit described in this section shall receive equivalent pay as a 
special agent with similar competencies within United States 
Immigration and Customs Enforcement pursuant to the Department of 
Homeland Security's Human Resources Management System established under 
section 841 of the Homeland Security Act (6 U.S.C. 411).
    (e) Supervisors.--Each unit described in this section shall be 
supervised by a Chief Customs Patrol Officer, who shall have the same 
rank as a resident agent-in-charge of the Office of Investigations 
within United States Immigration and Customs Enforcement.
                                 <all>