109 HR 5813 IH: To amend the Homeland Security Act of 2002 to provide for U.S. House of Representatives 2006-07-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 109th CONGRESS 2d Session H. R. 5813 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.
1.
Short title
This title may be cited as the Department of Homeland Security Management and Operations Improvement Act of 2006.
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.
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:
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; .
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: <enum>XVIII</enum><header>Miscellaneous provisions</header> ; (3)by redesignating section 601 as section 1801; and (4)by inserting after title V the following new title: <enum>VI</enum><header>Policy, Planning, and International Affairs</header> <section id="HE39707ACFF624E74A1D469A2D9C76B11"><enum>601.</enum><header>Directorate for Policy, Planning, and International Affairs</header> <subsection id="H6F0CB0A6ECE348D0B6D72538CABDE0EF"><enum>(a)</enum><header>Establishment</header><text>There shall be in the Department a Directorate for Policy, Planning, and International Affairs.</text> </subsection><subsection id="H8E0D7E3CAAC447C5B7E78F2C51584CE"><enum>(b)</enum><header>Under Secretary for Policy</header><text>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.</text> </subsection><subsection id="H202EF9180871414C8D9D0767C921B12B"><enum>(c)</enum><header>Responsibilities of Under Secretary</header> <paragraph id="H0A53F19CCB4D4C64A39F00A0E75561D"><enum>(1)</enum><header>Policy responsibilities</header><text>Subject to the direction and control of the Secretary, the policy responsibilities of the Under Secretary for Policy shall be as follows:</text> <subparagraph id="HD51F755302314E73A2FE03D676559A1"><enum>(A)</enum><text display-inline="yes-display-inline">To serve as the principal policy advisor to the Secretary.</text> </subparagraph><subparagraph id="H6601A4C727034D8F94CD73BC9DC8FAE"><enum>(B)</enum><text>To provide overall direction and supervision of policy development for the programs, offices, and activities of the Department.</text> </subparagraph><subparagraph id="HAF35CDE6E3824668BB59494B9E9C0000"><enum>(C)</enum><text>To establish and implement a formal policymaking process for the Department.</text> </subparagraph><subparagraph id="HA0151073AFD9403FA8D380004CF8CAE1"><enum>(D)</enum><text>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.</text> </subparagraph><subparagraph id="H841AA3FFE8DA41C48CBC9B1B316C1F67"><enum>(E)</enum><text>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.</text> </subparagraph><subparagraph id="HB266A8ABD6924570B300E0553D1E27C9"><enum>(F)</enum><text>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.</text> </subparagraph><subparagraph id="H7C0D38525B1843BFAB7926BE6FB79200"><enum>(G)</enum><text>To supervise and oversee policy development undertaken by the component agencies and offices of the Department.</text> </subparagraph></paragraph><paragraph id="HCC249D2FC0F74DF69F2CE4736EB0C886"><enum>(2)</enum><header>Strategic planning responsibilities</header><text>Subject to the direction and control of the Secretary, the strategic planning responsibilities of the Under Secretary for Policy shall be as follows:</text> <subparagraph id="H8FF720542AFB496899A3B763454F97CF"><enum>(A)</enum><text display-inline="yes-display-inline">To conduct long-range, strategic planning for the Department.</text> </subparagraph><subparagraph id="H34B3EB21CE8D40E9B4E6B4CE6CFE7E88"><enum>(B)</enum><text>To prepare national and Department strategies, as appropriate.</text> </subparagraph><subparagraph id="H9A0277EC370A44288EE45E07943632CE"><enum>(C)</enum><text>To conduct net assessments of issues facing the Department.</text> </subparagraph></paragraph><paragraph id="HB2F5AD167974498B8730D1024B40E4A3"><enum>(3)</enum><header>International responsibilities</header><text>Subject to the direction and control of the Secretary, the international responsibilities of the Under Secretary for Policy shall be as follows:</text> <subparagraph id="HDA2758D389C4418A91D9AD534900F728"><enum>(A)</enum><text display-inline="yes-display-inline">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—</text> <clause id="H0530FAD0CD824749ADE78C5D86DB94CF"><enum>(i)</enum><text>the exchange of information on research and development on homeland security technologies;</text> </clause><clause id="H3939F6B683494ED29FE0B154521D002C"><enum>(ii)</enum><text>joint training exercises of first responders in coordination with the Assistant Secretary for Grants and Training; and</text> </clause><clause id="HA43894548D7D47018571BCDBFF8EB3A1"><enum>(iii)</enum><text>exchanging expertise and information on terrorism prevention, response, and crisis management.</text> </clause></subparagraph><subparagraph id="H6ABA52FAACC841F985DEC993B46E5B07"><enum>(B)</enum><text>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.</text> </subparagraph><subparagraph id="H75AC57AB06BE4007B46CE03F3BDDE11D"><enum>(C)</enum><text display-inline="yes-display-inline">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</text> </subparagraph><subparagraph id="H97344E0B11AE4C42BEBE34EF4A50929"><enum>(D)</enum><text>To manage international activities within the Department in coordination with other Federal officials with responsibility for counterterrorism matters.</text> </subparagraph><subparagraph id="HF7A7CB96A9BE4F568BDDC9B6087F03CE"><enum>(E)</enum><text>To oversee the activities of Department personnel operating in other countries or traveling to other countries,</text> </subparagraph><subparagraph id="H4D5CD9B2AE4246DE8CC7EE4145043BB6"><enum>(F)</enum><text>To represent the Department in international negotiations, working groups, and standards-setting bodies.</text> </subparagraph></paragraph><paragraph id="H1645E2B970FE4555A904245C4250FCC9"><enum>(4)</enum><header>Private sector</header> <subparagraph id="H1CC6608198DD4B40A2145EB3D4E39179"><enum>(A)</enum><text>To create and foster strategic communications with the private sector to enhance the primary mission of the Department to protect the United States.</text> </subparagraph><subparagraph id="H699C73E19ACD40F4ACD2F60093B25024"><enum>(B)</enum><text>To advise the Secretary on the impact on the private sector of the policies, regulations, processes, and actions of the Department.</text> </subparagraph><subparagraph id="H79C99CFD19A64A32A8A8123D61B29BB5"><enum>(C)</enum><text>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.</text> </subparagraph><subparagraph id="HCED2667DA5E9493EB0B7F98C8EB9A3D7"><enum>(D)</enum><text>To create and manage private sector advisory councils composed of representatives of industries and associations designated by the Secretary—</text> <clause id="H08670FF0692846BA9BCE307000405CEF"><enum>(i)</enum><text>to advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; and</text> </clause><clause id="H52B93BF44E744739BE72BA45E63D5644"><enum>(ii)</enum><text>to advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations.</text> </clause></subparagraph><subparagraph id="HA21D3B86A95F4279001C61B2741285AF"><enum>(E)</enum><text>To promote existing public-private partnerships and develop new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges.</text> </subparagraph><subparagraph id="HE71365E9621A42969DA0B1725DA30435"><enum>(F)</enum><text>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.</text> </subparagraph><subparagraph id="H1E67EB1D62A847A78D3868CB6759169C"><enum>(G)</enum><text>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.</text> </subparagraph></paragraph></subsection></section><section id="HD44841BA479C472AA420556C1FEBE97E"><enum>602.</enum><header>Office of International Affairs</header> <subsection id="H568999455416482ABCBEF2202600DB33"><enum>(a)</enum><header>Establishment</header><text>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.</text> </subsection><subsection id="H894B3B3962DF407A8F00FEBCC4456667"><enum>(b)</enum><header>Duties of the Assistant Secretary</header><text>The Assistant Secretary shall have the following duties:</text> <paragraph id="H04E82F71DB7E45308C0046D985063876"><enum>(1)</enum><text>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:</text> <subparagraph id="HBA747C638CA443E183814911DA27D2A"><enum>(A)</enum><text>Exchange of information on research and development on homeland security technologies.</text> </subparagraph><subparagraph id="H9EEA24A1208B4ED5A1EAE5FD69003181"><enum>(B)</enum><text>Joint training exercises of first responders.</text> </subparagraph><subparagraph id="H03E4A922BBB7418CBA3E3B08F96CC286"><enum>(C)</enum><text>Exchange of expertise on terrorism prevention, response, and crisis management.</text> </subparagraph></paragraph><paragraph id="H5C2E24AD83394363B076994153F90398"><enum>(2)</enum><text>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.</text> </paragraph><paragraph id="HE638742262324661BB0057E5B8B51B9E"><enum>(3)</enum><text>To plan and undertake international conferences, exchange programs, and training activities.</text> </paragraph><paragraph id="H10C5F649471C4B44A4B6407F654DECFF"><enum>(4)</enum><text>To manage international activities within the Department in coordination with other Federal officials with responsibility for counter-terrorism matters.</text> </paragraph></subsection></section><section id="H6A7DF1541FFE4BD8941E0047E6F2EA9D"><enum>603.</enum><header>Other offices and officials</header><text display-inline="no-display-inline">The Under Secretary for Policy shall establish the following offices in the Directorate for Policy, Planning, and International Affairs:</text> <paragraph id="HEFDD2CA91B394457A17C6BCC589B5392"><enum>(1)</enum><text display-inline="yes-display-inline">The Office of Policy, which shall—</text> <subparagraph id="H1391BC8D0CEF4086AFB7F980558EB0C2"><enum>(A)</enum><text>be administered by an Assistant Secretary for Policy; and</text> </subparagraph><subparagraph id="H6C06624D76C24E4F8BD39B8C8600DB3F"><enum>(B)</enum><text>shall consist of—</text> <clause id="H7189FA06F78D42D096118DC240790104"><enum>(i)</enum><text>an Office of Strategic Plans;</text> </clause><clause id="H8566982E95F2437883A59F72F7B5E649"><enum>(ii)</enum><text>a Secure Border Initiative Program Office;</text> </clause><clause id="HF6FC6EDE001143319C668D97F3E9DFDD"><enum>(iii)</enum><text>a Screening Coordination and Operations Office; and</text> </clause><clause id="H6EFEDE5C338541448520EAF937E61C12"><enum>(iv)</enum><text>such other offices as are considered appropriate by the Secretary.</text> </clause></subparagraph></paragraph><paragraph id="H9534C83DD9B149F49B9D00319DC27025"><enum>(2)</enum><text>The Office of the Private Sector.</text> </paragraph><paragraph id="H5F704BE8A58C489F8591F3F09CFBE7"><enum>(3)</enum><text>The Victim Assistance Officer.</text> </paragraph><paragraph id="H0DC2581C3C2F4F65B4E9BD7004A530CE"><enum>(4)</enum><text>The Tribal Security Officer.</text> </paragraph><paragraph id="H3A1F03E90BFB4582A4BDA6216B47BEF6"><enum>(5)</enum><text>Such other offices as considered necessary by the Under Secretary for Policy.</text> </paragraph></section>. (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. .
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. .
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:
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.
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.
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. .
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. .
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.
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. .
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.
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. .
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:
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. .
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.
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:
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. .
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: <enum>XIX</enum><header>Miscellaneous provisions</header> <subtitle id="HA411C0A692714C2DA67D177E0744EB36"><enum>A</enum><header>Canine detection teams</header> <section id="HD4927C24EACE45C2A9E9848539E8C2A2"><enum>1901.</enum><header>Coordination and enhancement of canine protection team training</header><text display-inline="no-display-inline">The Secretary shall—</text> <paragraph id="HD4E5BACCB10E4018B70905B123FA82EE"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text> </paragraph><paragraph id="H0200B681D3A8471EA482AB6CDB00F62F"><enum>(2)</enum><text>ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and</text> </paragraph><paragraph id="H42E50BDC75324CAFA53FEB67CBC41282"><enum>(3)</enum><text>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.</text> </paragraph></section><section id="H3C27E6D30B5C4EAC8C11AF184200B282"><enum>1902.</enum><header>Canine procurement</header><text display-inline="no-display-inline">The Secretary shall—</text> <paragraph id="HF1C925D405854A35BE6BADC678AABA04"><enum>(1)</enum><text>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;</text> </paragraph><paragraph id="HD669189C5E764770B43BA5D71D9B757F"><enum>(2)</enum><text display-inline="yes-display-inline">increase the utilization of domestically bred canines from universities and private and nonprofit sources in the United States; and</text> </paragraph><paragraph id="H39DBBBF45E9B4D728B59824D35AB0630"><enum>(3)</enum><text>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.</text> </paragraph></section><section id="H102A7AF5C3884A748E65A1572610C9AD"><enum>1903.</enum><header>Domestic canine breeding grant program</header> <subsection id="H2BDB57C38C5747F3AA6300306520FA8F"><enum>(a)</enum><header>Establishment of program</header><text>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.</text> </subsection><subsection id="HB8B9EDD12FA64B3896E73C707F00CC97"><enum>(b)</enum><header>Authorization of appropriations</header><text>There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2007 through 2011.</text> </subsection></section><section id="HCB0F714BBA974489B5CD8C68974C7BEE"><enum>1904.</enum><header>Homeland Security Canine Detection Accreditation Board</header> <subsection id="H4EECC687A987446CBAB50679291BD269"><enum>(a)</enum><header>Establishment of Accreditation Board</header> <paragraph id="H18FEE36C7A4C4E51B30031B4B8217884"><enum>(1)</enum><header>In general</header><text>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.</text> </paragraph><paragraph id="HF72AE34F73BB4592924BDAAA75F8F207"><enum>(2)</enum><header>Membership</header><text display-inline="yes-display-inline">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.</text> </paragraph></subsection><subsection id="H9A7272479F204364A495B41EA8AED08"><enum>(b)</enum><header>Accreditation process</header><text>The Accreditation Board shall establish and implement a voluntary accreditation process to—</text> <paragraph id="H7A417789F16945D7BEE0CFC585CFDEC"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text> </paragraph><paragraph id="H8D9C794CFFC246FA802CC4737F176599"><enum>(2)</enum><text>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</text> </paragraph><paragraph id="H00110D7682D04EEEB24F2FD5F8E5EA78"><enum>(3)</enum><text display-inline="yes-display-inline">maintain and update a public list of entities accredited by the Department to certify canine detection teams.</text> </paragraph></subsection><subsection id="H920A620658CE4FB0B000F7D2B5A468F8"><enum>(c)</enum><header>Compliance with standards</header><text>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—</text> <paragraph id="H0CE145BA783E4A2DA231E41C31D974DC"><enum>(1)</enum><text>the canine detection team is certified under the process established under subsection (b); or</text> </paragraph><paragraph id="H47A0A37A9EBE4E24AB9C2665E8E1004D"><enum>(2)</enum><text>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).</text> </paragraph></subsection></section><section id="H09C4263F38E642D5B4179EF999BA009D"><enum>1905.</enum><header>Definitions</header><text display-inline="no-display-inline">In this subtitle:</text> <paragraph id="HF92FE51797CA4A05A92FBA9DAD861DDC"><enum>(1)</enum><header>Canine detection team</header><text>The term <quote>canine detection team</quote> means a canine and a canine handler.</text> </paragraph><paragraph id="H2653C6B593E442249ED97E076522645B"><enum>(2)</enum><header>Certifying entity</header><text display-inline="yes-display-inline">The term <quote>certifying entity</quote> means an entity that oversees the processes and procedures used to train and test canine detection teams.</text> </paragraph><paragraph id="H39A1623F518C488D84E6B2151DED67EB"><enum>(3)</enum><header>SWGDOG</header><text>The term <quote>SWGDOG</quote> means the Scientific Working Group of Dog and Orthogonal Detectors.</text> </paragraph></section></subtitle>. (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).
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.