[Congressional Record Volume 153, Number 76 (Wednesday, May 9, 2007)]
[House]
[Pages H4656-H4706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2008
The SPEAKER pro tempore. Pursuant to House Resolution 382 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 1684.
[[Page H4657]]
{time} 1322
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 1684) to authorize appropriations for the Department of Homeland
Security for fiscal year 2008, and for other purposes, with Mr. Cardoza
in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Mississippi (Mr. Thompson) and the gentleman from
New York (Mr. King) each will control 30 minutes.
The Chair recognizes the gentleman from Mississippi.
Mr. THOMPSON of Mississippi. Mr. Chairman, I also yield myself such
time as I may consume.
Mr. Chairman, today we are considering H.R. 1684. This bill takes
important steps to build capacity, provide resources, and ensure
accountability at the Department of Homeland Security.
H.R. 1684 authorizes $39.8 billion in appropriations for the
Department. This is $2.1 billion more than the President requested in
his budget earlier this year. This bill sends a message to the
President, America's security cannot be done on the cheap. Congress
will not stand by as he cuts programs that help our hometown heroes
protect our communities.
In this bill, we reinstate critical funding for first responder
programs like the State Homeland Security grant program and FIRE Act
grants.
In addition to authorizing funds, H.R. 1684 addresses issues that
some of the committee's oversight efforts have exposed. For example, it
has become obvious to us that the Department has no long-term vision.
We created a Directorate of Policy to do just that. This office will
also focus on private-sector partnerships, tribal security, and school
security.
As another tool to help the Department get its house in order, we
created a Comprehensive Homeland Security Review. This legislation also
strengthens interagency coordination and supports integrating DHS at a
single headquarters.
The Inspector General, GAO and the committee have all observed that
DHS is spending a lot of money with little accountability. In the past
few years, we have seen ice trucks take the scenic routes to disasters,
trailers rotting in Arkansas, and border cameras packed away in
warehouses. All of this waste was on the taxpayers' dime. No more. H.R.
1684 gives the Inspector General sharper teeth to investigate disaster
response and border security programs.
The bill strengthens the integrity in the agency's contracting
practices and promotes small business opportunities. This bill makes
sure our Homeland Security agency is buying its uniforms and equipment
here at home from U.S. sources. H.R. 1684 covers numerous other areas,
including biosecurity, intelligence and cyber security.
Mr. Chairman, this bill is part of the real deal. It's the sixth
Homeland Security bill that Democrats have brought to the floor since
January. Only two bills made it to the floor last year in a Republican-
led House. This Congress, we passed a 9/11 bill; and staff discussions
have begun in preparation for a Member conference. We also passed bills
on rail security, Homeland Security technology, international
cooperation, and employee morale.
Winston Churchill once said, ``The pessimist sees difficulty in every
opportunity. The optimist sees opportunity in every difficulty. ``
In H.R. 1684, we have an opportunity to protect our homeland. We can
be naysayers and complain about bureaucratic bungling, or we can tackle
head on the difficult issues of Homeland Security.
I urge all of my colleagues to support this bill that puts DHS on the
path to becoming the agency that Congress envisioned and the American
people deserve.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I recognize myself for as much
time as I may consume.
Mr. Chairman, at the outset, let me express my deep admiration for
Chairman Thompson and for the bipartisan spirit he has shown in his
running of the committee, both as chairman and during the previous 2
years as ranking member.
This is one committee of the House which I believe functions very
affirmatively in a bipartisan manner because, as Chairman Thompson has
said, that when the terrorists come, they don't care whether you are
Democrat or Republican, they want to kill all of us. That's why I
commend him again for the spirit of bipartisanship.
It was that spirit of bipartisanship that resulted in H.R. 1684 being
passed out of committee by a unanimous 26-0 vote. It was a bipartisan
effort, there was hard work on both sides, there was compromise on both
sides, innovations on both sides. We came together, I believe, with a
very strong package.
I am, however, very concerned about the manager's amendment, which is
going to be coming up for a vote today, because of the 86 provisions in
the bill, 42, 49.8 percent, of the provisions of the bill have either
been eliminated or changed dramatically.
Some of the key ones on the issue of interoperability, in our
legislation, the committee legislation, we provided that $1 billion in
grants for interoperability could be used for training exercise, for
training as well as for the purchase of hardware. This was demanded,
strongly requested by local law enforcement, local law authorities. It
is essential to interoperability. Yet that has been stricken from the
legislation.
{time} 1330
On the ``sense of Congress'' language which has been so strongly
recommended by the 9/11 Commission, that the Committee on Homeland
Security be the focal point for oversight of the Department of Homeland
Security and for being the central committee on the issue of homeland
security, just the ``sense of Congress'' language was eliminated from
the bill. We go down the list, as far as authorization for Secret
Service, especially considering the increased amount which will be
necessary in this year to protect Presidential candidates. So many
other amendments, so much other language, even, for instance, on the
issue of employees who leave the Department, lobbying restrictions,
which quite honestly was proposed by a Democratic Congressman, Mr.
DeFazio, that has been stricken out.
Now, I realize what has happened here; I went through this during the
time that I was chairman, but I think we approached it a little
differently. There are other committees which are objecting to the
jurisdiction of Homeland Security. There are others which are defying
the wish of the 9/11 Commission, which is to have power vested in the
Committee on Homeland Security. And, unfortunately, it appeased it at
every juncture where objection was raised; those provisions were taken
out.
Now, in the last Congress, we adopted the Port Security Bill. That
was a long, hard fight. We had jurisdictional battles with other
committees; but we stayed with it, and the final package tremendously
increased the position of the Committee on Homeland Security and
resulted in very strong legislation. On the restructuring of FEMA, that
also caused severe conflicts with other committees of jurisdiction. We
stayed with it, and the final product enhanced the position of the
Committee on Homeland Security. On the issue of chemical plants
security, similarly, there were severe conflicts with other committees.
We worked with the leadership at the time, Speaker Hastert and Majority
Leader Boehner, and that resulted also in ultimate legislation which
significantly enhanced the jurisdiction of the Committee on Homeland
Security.
By acquiescing so quickly to the objections or the positions of other
committees, I think we have weakened our committee. And that to me is
not a turf battle or not a power struggle; the issue of life and death
is too important for that. But the fact is, we did not stand firm in
fighting for jurisdiction of the committee.
I know the chairman has mentioned that there was not an authorization
bill passed by the House last year. I agree with that. We did pass one
out of committee, there was one passed in 2005. The Senate has never
passed an authorization bill.
I made the judgment last year that we had an opportunity, a window of
opportunity to pass significant legislation which could be brought to
the House floor, which could be brought to
[[Page H4658]]
the Senate floor, and which could pass, and that was port security,
chemical plants and FEMA restructuring, and we did that. As far as this
year now, we do have the H.R. 1, which still has not moved; it hasn't
even gone to conference yet, and we have this legislation today, which
was a fine product of the committee, but unfortunately, it has been
dramatically weakened with, I must say, no input at all from the
Republican side. And considering the extent to which Chairman Thompson
does reach out at the committee level and there is such a bipartisan
level of cooperation at the committee level, I would have hoped that we
would have at least had something to say when it went to the Rules
Committee when the manager's amendment was being constructed. Instead,
this was done totally behind closed doors, totally to the exclusion of
any Republican input. Again, perhaps it would be fine if we were an
adversarial type committee, but we are not. This is a collegial
committee. It is a bipartisan committee, and everything we do, every
word of every provision both during the time when Chairman Cox was
chairman, when I was chairman and certainly now under Chairman
Thompson, it has been bipartisan. I regret that has not been the
situation in bringing the legislation before the House today. So I will
be later urging a vote against the manager's amendment.
But I again want to express my regard for Chairman Thompson, and hope
that when this is over, when this is resolved today or tomorrow or
whenever the final vote comes, we can go forward from there and work in
a bipartisan way at the committee level the way we have done for the
last 3\1/2\ years.
Mr. Chairman, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield 1 minute to the
distinguished gentleman from Maryland, our majority leader, Mr. Hoyer.
Mr. HOYER. I thank the distinguished chairman, and I congratulate him
for the great work that he is doing. This is a critical bill that we
consider today. And, as he has pointed out, we have had a number of
bills dealing with homeland security on the floor.
I also want to thank the ranking member for his leadership both in
this Congress and in the past Congress on this issue. I think the
American people are advantaged by having two people of real substance
who care about this issue working together, even though from time to
time, as the gentleman has pointed out, there are disagreements. He had
the same problems that the chairman is having, and we are trying to
work through those problems. And I certainly am going to support the
manager's amendment as he tries to work this.
Mr. Speaker, I want to thank the chairman of the Homeland Security
Committee, Congressman Thompson, for all his hard work on this very,
very important authorization bill.
The highest duty of our government is to protect the American people,
to secure our homeland and to defend our national security.
Unfortunately, since the horrific terrorist attacks on our Nation on
September 11 opened our eyes and exposed our vulnerabilities, we have
not done enough to protect our homeland. As Tom Kean, the former
Republican Governor of New Jersey and cochair of the bipartisan 9/11
Commission stated last August, ``We are not protecting our own people
in this country. The government is not doing its job.''
Yesterday's arrest of six men who apparently were plotting to attack
and kill soldiers in Fort Dix in New Jersey is a stark reminder that we
cannot, we must not let down our guard; that we must remain vigilant.
This legislation, which I believe will receive strong bipartisan
support, is a critical step in the right direction. Among other things,
this bill authorizes $39.8 billion for the Department of Homeland
Security for fiscal year 2008, which is $2.1 billion in addition for
our homeland security that was asked for by the President. It restores
the President's 52 percent cut to the State Homeland Security Grant
Program, which helps first responders to prevent, prepare for and
respond to acts of terrorism. It restores the President's 55 percent
cut in firefighter assistance grants. It restores the elimination of
the local law enforcement terrorism prevention program and restores the
elimination of the SAFER, which is the Staffing for Adequate Fire and
Emergency Response program. I want to thank the chairman for doing that
and congratulate him on his leadership because, as the ranking member
pointed out, this bill was reported out unanimously. It was a joint
effort and a very important one at that.
Furthermore, Mr. Chairman, this legislation contains strong
accountability measures aimed at strengthening and streamlining
management of the Department of Homeland Security, which has struggled
with its management challenges; and it includes provisions to improve
information sharing, to enhance bioterrorism preparedness and to
eliminate the Department's authority to establish its own personnel
management system.
Mr. Chairman, ever since the Department of Homeland Security was
created, an effort which I opposed because I thought that would create
a Department too large and too diverse to manage well, frankly, I think
my concerns have been evidenced. It is the challenge of this committee,
now that we have created the Department, to ensure that in fact it does
act in an efficient manner to protect our homeland. But I have been
concerned about the efficacy of consolidating 22 agencies and 170,000
people into one Department. However, since the Congress chose to create
this new Department, it is our duty, as I said, to ensure that it has
the resources it needs to do its job as effectively as possible and to
ensure that the Department is well managed.
This legislation, Mr. Chairman, by focusing on oversight and
management is a critical response to the issues and problems that have
been encountered at the Department since its creation.
I want to again congratulate Mr. Thompson, who is doing such an
excellent job of leading this committee, and Mr. King, who brings a
focus for the country as opposed to a partisan focus to this work with
Mr. Thompson. I want to congratulate them both.
Mr. KING of New York. Mr. Chairman, I thank the majority leader for
his kind words. And would just add that this was genuinely bipartisan,
and it did increase spending by $2.1 billion more than the President of
our party was recommending, and yet we as Republicans did that because
we wanted to act in a bipartisan way, which makes the fact that we were
shut out of the manager's amendment much more painful.
Mr. Chairman, I yield 5 minutes to the gentleman from California (Mr.
Daniel E. Lungren).
Mr. DANIEL E. LUNGREN of California. I thank the chairman.
Mr. Chairman, I rise in support of the underlying bill, but oppose
the manager's amendment that will be presented basically as the
alternative to the bipartisan work product that came out of the
committee on a 29-0 vote, I believe. Not a single dissenting vote,
Democrat or Republican, was recorded in the committee after we had gone
through long debate not only on the base bill as it was presented to
us, but numerous amendments presented by both Republicans and
Democrats.
9/11 is the seminal moment of this century. It changed the world in
which we live. One would hope that it would change the manner in which
we work in this House. In many ways, that has occurred with respect to
the bipartisan approach that has been utilized in the committee itself.
We recall that in the last Congress, we managed to pass the SAFE Ports
bill, a bipartisan product, all the way from subcommittee to full
committee to the floor to working out the conference with the Senate.
Essentially there wasn't too much to work out; they adopted our
provisions. And then, on to the President of the United States to sign
it. That showed that we can work in a changed world with a changed
approach in this House. That is why today is so disappointing.
We have a completed product coming out of the committee, a 29-0 vote,
with numerous amendments adopted after full consideration by both
Democrats and Republicans, and yet a large portion of that will be
stripped out with the manager's amendment to be presented by the
chairman of this committee.
I do not question the motivation of my chairman. In fact, I want to
believe in my heart that he would rather not tear his own bill apart. I
believe he would like to have the whole thing
[[Page H4659]]
here. Why? Because we believe it is a better bill that actually goes
further to protect America.
Some heard on this floor Mr. Reichert from our committee, a
distinguished member of our committee, the former sheriff of King
County in the State of Washington, concerned about the lack of
interoperability that reigns across this land. Mr. King has spoken on
the floor about the tragic consequences of a failure of
interoperability on 9/11. Others in law enforcement throughout this
country talked about it. We approved $1 billion a year ago. In this
bill we actually allow greater flexibility so that first responders can
utilize this money to make interoperability a fact, and yet that is
stricken from this bill if we adopt the manager's amendment.
There are any number of other things that are involved here. One of
them that seems to me to be extremely important, and we have held
hearings on this, is strengthening maritime alien smuggling laws by
denying alien smugglers the use of maritime routes and enhancing
penalties for alien smuggling; taken out.
Also, the 9/11 Commission has made it very, very clear that business
as usual is not acceptable, and that means in this Congress, and
suggests that we should reorganize ourselves so that we have a prime
committee that deals with these matters, not because it is a matter of
jurisdictional pride, but because of a greater efficiency, a greater
oversight, a greater responsibility, a greater accountability and
having us mirror the new arrangement that exists in the executive
branch.
And so we express a sense of Congress to do this, to carry out that
important recommendation of the 9/11 Commission; stripped out by the
manager's amendment. There is no real good argument why it should be
stripped out except it is.
There is a pilot program for mobile biometrics identification of
apprehended aliens at sea and authorizing $10 million for the program.
We discussed this. There is a need. There is a vulnerability we have
with respect to aliens at sea, and yet we strip it out of here.
{time} 1345
I don't believe there is any good argument that you're going to hear
on the floor for adopting the manager's amendment, because they have to
point to those things that are stripped out to suggest why they're bad,
why they don't enhance our security.
I recall when the majority leader came to the floor a year ago, or a
little over a year ago and congratulated us on our bipartisan approach
for the SAFE Ports bill. I wish he could come to the floor again. If
you listened to his words carefully, he said, ``The committee has given
us a good bipartisan bill.''
I agree with the majority leader. Let's keep the bipartisan bill.
Let's pass it. Let's defeat the manager's amendment.
Mr. THOMPSON of Mississippi. Mr. Chairman, I now recognize the
gentlelady from California for 2 minutes, Ms. Harman.
(Ms. HARMAN asked and was given permission to revise and extend her
remarks.)
Ms. HARMAN. Mr. Chairman, as the majority leader pointed out several
minutes ago, yesterday the FBI arrested six men following a 15-month
investigation. The charges are that, inspired by al Qaeda, they were
bent on taking out as many soldiers as possible at Fort Dix using
semiautomatic weapons and rocket-propelled grenades. Three of them were
in this country illegally. The other three were American citizens. All
lived unremarkable lives and seemed well integrated into their
communities. Even their next-door neighbors had no reason to suspect
that they were actually the vanguard of a new breed of terrorist.
In Torrance, California, in my congressional district, four members
of a prison-based jihadist cell await trial on charges of conspiring to
wage war against the U.S. Government through terrorism, kill members of
the Armed Forces, and murder foreign officials.
Mr. Chairman, this is our future. Protecting the homeland, preventing
and disrupting the next terrorist attack is the primary responsibility
of the Homeland Security Committee, and I congratulate Chairman
Thompson and Ranking Member King for putting together this
authorization bill.
The bill strengthens homeland security by expanding on successful
ideas like fusion centers and strengthening our infrastructure.
Many in this Chamber are focused on our broken Iraq policy. So am I.
But I also worry that, while we are consumed with the Iraq debate, al
Qaeda and its friends are successfully expanding and adapting in ways
that are long-term, global and enormously dangerous. Al Qaeda has
proven that the brand is ``portable.'' Its embrace of low-tech,
unspectacular operations makes it much harder to stop.
Why haven't we been attacked here? Some say al Qaeda is waiting to
exceed the lethality of 9/11. But if the U.S. is perceived as weaker
and bogged down in Iraq and if terrorists are scaling down attacks, an
attack or series of near-simultaneous attacks here seems inevitable.
The Homeland Security Subcommittee on Intelligence, which I chair, is
focused on the threat of homegrown terrorism and improving ways to
disrupt and prevent the next attack. If the terrorists are here, the
activities of that subcommittee are critical.
This bill helps us build our intelligence competence. It strengthens
parts of the budget that are underfunded and authorizes crucial
activities. Vote ``aye.''
Mr. KING of New York. Mr. Chairman, to demonstrate the bipartisanship
of the committee, I want to thank the gentleman from Texas (Mr.
Cuellar) for the free advice he just gave me.
With that, I recognize the gentlelady from Florida (Ms. Ginny Brown-
Waite) for 3 minutes.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I reluctantly rise
today to speak against H.R. 1684, the Department of Homeland Security
Authorization Act for Fiscal Year '08. I say reluctantly because even
though I was cynical about the campaign promises made by the other side
to implement the remaining 9/11 Commission reforms, I never dreamed
that the American people would be betrayed the way I believe they are
today.
Mr. Chairman, the majority of members on our committee rolled over
and played dead, letting their other committee counterparts in the
House pick this bill clean of many good security measures in a
manager's amendment that will strip them out and gut the bill. Yet the
majority has the audacity to come to the floor with this skeleton and
call it a good bill.
My constituents will be horrified when I tell them that a provision
that was worked out in the Homeland Security Committee to include in
the base bill was stripped out. That language would have required
employers at critical infrastructure sites to verify Social Security
numbers of their employees before hiring them.
Do you know why constituents all around the Nation should be
outraged? Because 2 years ago, a power plant in Florida unknowingly had
a painting contractor who hired illegal aliens. Several of them had
pending criminal charges and had been deported multiple times. These
workers had access in and around the nuclear power plant. Let me repeat
that. A nuclear power plant had illegal aliens with criminal records
wandering around in them. Does that not scare you? It scared me, and
that's why we added this amendment to fix it.
I wonder if the majority thought of the residents near any nuclear
facility and the sheer devastation a criminal or terrorist act in that
facility might cause. Were they thinking of the children and the
working families, the people who trust us to keep them safe? Or were
they thinking of just backroom deals with other committee Chairs?
I say to the people bent on stripping this bill of the security
provisions: Stand up for this bill. Stand up for the good we are doing
to safeguard the American people. Do not offer the manager's amendment
to strip these provisions out and leave the Nation vulnerable in many
areas.
There is no way that this House can possibly justify passing an
amendment to this bill that will take out provisions like:
Denying alien smugglers access to maritime routes.
Tough postemployment lobbying restrictions on Department of Homeland
Security officials, a Democrat provision being stripped.
[[Page H4660]]
Implementing the 9/11 Commission recommendation for a single
committee overseeing the Department of Homeland Security.
Or authorizing better information sharing among Federal, State and
local law enforcement partners.
These provisions were all stripped from the bill. There is no way
that we could support this unless we want to water down homeland
security.
We should all be concerned about the things that are not in this
bill. We could fix the loophole today by giving authorization and
leaving the bill the same as it was when it left the committee. That's
an important procedure that would protect America's homeland.
Mr. THOMPSON of Mississippi. Mr. Chairman, I wish to help the
gentlelady from Florida. If you will check, the data sharing and the
child predator requirements are left in the bill. They're not taken
out. I just want to make sure that you have the latest version of the
bill in that respect.
Mr. Chairman, I yield 2 minutes to the gentlelady from the District
of Columbia (Ms. Norton).
Ms. NORTON. I thank the chairman for yielding. I could take a minute
to thank him for his masterful handling of this bill in a bipartisan
fashion before this committee.
I want to strongly thank the chairman for the way in which the
committee has insisted on endorsing a headquarters for this department,
because one of the continuing and most sustained criticisms of the
department has been its management. But how can we expect the
department to be managed when they are in 60 different places, 80
different leases?
The inefficiencies, Mr. Chairman, associated with the dispersal of
this largest department are incalculable. The great cuts and
deficiencies we have seen in the Homeland budget pale beside what we
see in the way in which it is positioned: multiple and redundant
mailrooms and screening facilities and parking and child care
facilities and fitness centers; and, above all, shuttles just so that
one part of the department can get to meet face to face with another
part. Worst of all, one part that I know will be vacated is the
Massachusetts Avenue headquarters, and yet they're having to spend $18
million just to make that livable. They are forced to live by short-
term leases, rollover leases, wasting money.
We have an opportunity, because to the President's credit, he has put
money in the appropriation to begin to build a headquarters for this
department. It was in there last session. It did not get passed. It's
up to the appropriators, the new appropriators, to make sure we have a
real department and real headquarters.
Mr. KING of New York. Mr. Chairman, I am privileged to recognize for
4 minutes the gentleman from Florida who has done such an outstanding
job in a brief time on the committee, Mr. Bilirakis.
Mr. BILIRAKIS. Mr. Chairman, I rise today in support of H.R. 1684,
the Fiscal Year 2008 Department of Homeland Security Authorization Act,
a good bill which could be much better. I say that because the
manager's amendment, if adopted, would strip out many bipartisan
provisions that would have helped prevent terrorism and strengthen
immigration enforcement, including one that I authored.
H.R. 1684 currently includes an amendment I sponsored that was
adopted during the committee's consideration of this bill which would
improve maritime immigration enforcement. As a representative from
Florida, I know how critically important it is to secure our maritime
borders, as do many of our coastal colleagues.
Coast Guard RADM David Pekoske testified before our Border, Maritime,
and Global Counterterrorism Subcommittee in February about the
challenges of coastal security. During his testimony, he highlighted an
ongoing partnership with US-VISIT to deploy mobile biometrics
collection equipment on Coast Guard cutters operating in the Mona Pass
between the Dominican Republic and Puerto Rico, where almost half of
our maritime migrant apprehensions take place. I was intrigued by the
possibility of this effort and the promise it may hold for
strengthening our maritime defenses.
My amendment, which the manager's amendment removes from this bill,
would expand this effort into a formal pilot program and require DHS to
evaluate the results to determine the feasibility and appropriateness
of expanding such capability to all DHS maritime vessels. This
capability is critically important since we currently do not have the
ability to verify the identity of apprehended migrants, previous
immigration violators, criminals, and possible terrorists in the
maritime environment. This deficiency allows those who seek to break
our Nation's immigration laws and those who may wish to commit
terrorist acts to remain undetected and be repatriated without
consequence so that they are free to continue their illegal and
dangerous behavior.
The biometric identification of interdicted aliens in the maritime
environment has the potential to greatly improve the security of
America's coastal borders. Unfortunately, since the majority has
decided to remove this provision from this bill, we will not realize
that promise.
I am extremely disappointed and frustrated at this process. Many of
the provisions that the manager's amendment strips from this bill were
supported by every member of the Homeland Security Committee, including
our chairman, whom I greatly admire and respect. However, I cannot
understand why we would allow those who do not serve on our committee
to dictate to us how we should or should not do our jobs. We simply
should not put political expediency above homeland security.
Mr. Chairman, I believe that this bill represents a missed
opportunity to enhance our country's immigration enforcement, help stop
terrorism, and improve our ability to respond should the unthinkable
happen again.
Though I plan to support its final passage here, I implore my friends
on the other side of the aisle to work with us to move forward on the
many bipartisan provisions which would have made this bill much better.
Mr. THOMPSON of Mississippi. Mr. Chairman, how much time is remaining
on both sides?
The CHAIRMAN. The gentleman from Mississippi has 20 minutes. The
gentleman from New York has 11.
Mr. THOMPSON of Mississippi. Thank you very much.
Mr. Chairman, I yield 3 minutes to the distinguished chairman of the
Energy and Commerce Committee, the gentleman from Michigan (Mr.
Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
{time} 1400
Mr. DINGELL. Mr. Chairman, I thank my distinguished friend and
colleague from Mississippi for the recognition. I recognize that
securing our homeland is going to take tremendous efforts across the
agencies and involve government expertise and cooperation throughout
the government. I want to say that, in this matter, the business of the
Nation is in good hands in those of my friend from Mississippi.
I represent Michigan, the State with three of the busiest northern
border crossings in the United States. Our citizens have long been
accustomed to an open border in which citizens on both sides were able
to commute to jobs, visit families, do shopping and visiting across
international borders.
With the events of September 11, 2001, our borders were shut.
Michigan's economy literally ground to a halt. Just in time deliveries
to Michigan factories and industries were stopped at the border. The
new security realities threaten to idle factories and to lay off
workers.
This bill goes a long way to making sure that we avoid that
situation, and it will also enable thousands of our citizens on both
sides of the border, Michiganders and Canadians, the freedom to travel
when they need to and in ways to which they have grown accustomed.
The US-VISIT program is properly funded, more inspectors will be
hired for the border. New technologies will be deployed to help ease
the traffic and speed processing.
Under the leadership of our friend, the chairman, Mr. Thompson, the
bill increases Department of Homeland Security budget by $2 billion
more than last year, and nearly 8 percent above the President's budget.
Not only is more being put into the border, but we are also restoring
funding to our first
[[Page H4661]]
responders, money that was cut by the President's budget. State
Homeland Security and Fire Assistance grants are restored to
appropriate levels.
As I said before, preparing and preventing another terrorist attack
is a responsibility to all. As we learned 6 years ago from the anthrax
attacks here on Capitol Hill, it is important that the Federal
Government have an intelligent, coordinated and effective response to
bioterrorism and to all our terrorisms. All Cabinet-level Departments
and the agencies under their purview must work towards ensuring our
domestic security.
It is, however, important that as we move forward on this
legislation, we keep in mind that the agencies have the expertise and
the skill to answer public health emergencies. We must not allow
mission creep to set in blurring lines of authority and diluting the
effectiveness of our response effort.
I also want to point out the need for strong improvements in the
cybersecurity of this Nation. The Committee on Energy and Commerce has
long sought to raise the profile of cyber threats within DHS and to
better prepare the Nation for potentially catastrophic cyber
disruptions. The manager's amendment in this legislation will require
DHS to collaborate with expert agencies, including the Department of
Commerce and the Federal Communications Commission. This collaboration
will ensure that ongoing efforts will not be interrupted or eroded.
Mr. KING of New York. Mr. Chairman, I yield 3 minutes to the
gentleman from Alabama (Mr. Rogers) who did such an outstanding job as
chairman of the Oversight Subcommittee in the previous conference.
Mr. ROGERS of Alabama. Mr. Chairman, as ranking member of the
Homeland Security Subcommittee on Management, Investigations and
Oversight, I have worked with my committee colleagues on this
legislation for some time. I was also an original cosponsor of the
bill, primarily because of its provisions to improve oversight,
management and procurement at the Department of Homeland Security.
On March 28, our committee produced a sound bipartisan bill that the
committee passed by a vote of 26-0. Unfortunately, as the bill headed
to the House floor, jurisdictional turf battles took over. At least 16
important security provisions were dropped, and many more were altered
without input from our side of the aisle.
Unfortunately, at least one of the dropped provisions addressed a key
9/11 Commission recommendation. This feature would centralize
jurisdiction and oversight for homeland security in one committee, in
both the House of Representatives and the Senate.
Last Congress, the Republican leadership in the House heeded this
recommendation by creating a new standing Committee on Homeland
Security. This new standing committee was wisely vested with
substantial jurisdiction over DHS.
While we recognize that last Congress was an ambitious first step,
experience has shown that jurisdiction over this department still needs
further consolidation, not erosion. Far too many committees and
subcommittees in Congress still exercise control and oversight
authority over DHS. 88 to be exact. Already this year, DHS officials
have testified at over 100 congressional hearings.
It's my hope that leaders on both sides of the aisle can come to an
understanding to help consolidate authorization jurisdiction under this
one committee. Had this been the case this year, the bipartisan, well-
reasoned bill that was originally presented to the House would not have
been carved up by jurisdictional turf battles.
Until this issue is resolved, the House will not be able to exercise
the needed oversight over DHS, just as it does with the other
Departments in the Federal Government. Consequently, I must oppose this
bare boned bill, and hope that we will address this critical issue of
jurisdiction in the near future.
Mr. THOMPSON of Mississippi. Mr. Chairman, I now recognize the
chairman of the Transportation Subcommittee, Ms. Jackson-Lee, for 2\1/
2\ minutes.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Let me thank the chairman of the full
committee, Mr. Thompson, and the ranking member. They know that our
byline is that we are a bipartisan committee. The reason is because
entrusted to the Homeland Security Committee is the security of the
Nation, security of a Nation that we love, security of a people that we
cherish.
Whenever we hear of a tragic truck accident in California, explosive
truck accident, the viciousness of the shooting at Virginia Tech, and
the bombing, or the threats of such, in the London train system, we
begin to think of our security. No, maybe those are accidents, maybe
those are not considered terrorist acts, Virginia Tech or the tragedy
in California, but it causes America to begin to think about her own
security.
That is why H.R. 1684 is a strong reflection of the importance of
security to this majority leadership. I am very proud that, in the
early days of our legislation or our time as the majority, we passed
the 9/11 bill, certainly working with a bipartisan leadership. We have
moved to ensure that for the first time that we have a strong
authorization bill on homeland security.
We have not forgotten the employees, and I was glad to be able to
offer a particular amendment that addressed the question of the morale
and the leadership and the training of our employees. That is
important, for if your employees are not fully functioning, the
question of security is a question. And so I was delighted to be able
to incorporate language regarding the CMOs qualifications, to ensure
that the CMO possess a demonstrated ability and knowledge of treatment
of illnesses caused by chemical, biological, nuclear and radiological
agents.
I am also glad to have developed an amendment which strips the
Department of the authority to develop a personnel system different
from the traditional GS schedule Federal model. In a number of critical
ways the personnel system established by the Homeland Security has been
a litany of failure.
The question is, that if we don't order and put in order our homeland
security function, then we cannot secure America. That is what 1684
does. And we will address the questions of security, of civil
liberties, of protecting our highways, of being concerned about rail
security, we will do it and continue to do it because we believe in
America.
H.R. 1684 gives us the perfect road map, the perfect hand print to
secure this Nation. I ask support for the bill.
Mr. Chairman, September 11, 2001, is a day that is indelibly etched
in the psyche of every American and most of the world. Much like the
unprovoked attack on Pearl Harbor on December 7, 1941, September 11, is
a day that will live in infamy. And as much as Pearl Harbor changed the
course of world history by precipitating the global struggle between
totalitarian fascism and representative democracy, the transformative
impact of September 11 in the course of American and human history is
indelible. September 11 was not only the beginning of the Global War on
Terror, but moreover, it was the day of innocence lost for a new
generation of Americans.
Just like my fellow Americans, I remember September 11 as vividly as
if it was yesterday. In my mind's eye, I can still remember being
mesmerized by the television as the two airliners crashed into the Twin
Towers of the World Trade Center, and I remember the sense of terror we
experienced when we realized that this was no accident, that we had
been attacked, and that the world as we know it had changed forever.
The moment in which the Twin Towers collapsed and the nearly 3,000
innocent Americans died haunts me until this day.
At this moment, I decided that the protection of our homeland would
be at the forefront of my legislative agenda. I knew that all of our
collective efforts as Americans would all be in vain if we did not
achieve our most important priority: the security of our nation.
Accordingly, I became then and continue to this day to be an active and
engaged Member of the Committee on Homeland Security, and Chairwoman of
the Transportation Security and Infrastructure Protection Subcommittee,
who considers our national security paramount.
Our nation's collective response to the tragedy of September 11
exemplified what has been true of the American people since the
inception of our Republic--in times of crisis, we come together and
always persevere. Despite the depths of our anguish on the preceding
day, on September 12, the American people demonstrated their compassion
and solidarity for one another as we began the process of response,
recovery, and rebuilding. We transcended our differences and came
together to
[[Page H4662]]
honor the sacrifices and losses sustained by the countless victims of
September 11. Let us honor their sacrifices by passing H.R. 1684, which
bolsters the efficacy, accountability, and our oversight over the
Department of Homeland Security.
This bipartisan bill was reported out of the Homeland Security
Committee by a unanimous vote and includes many significant provisions
I ensured were incorporated either into the base bill or through
amendments at the Full Committee Markup aimed at strengthening and
streamlining management, organizational, personnel, and procurement
issues at the Department to facilitate execution of its homeland
security mission.
H.R. 1684 authorizes $39.8 billion in appropriations for the
activities of the Department of Homeland Security for Fiscal Year (FY)
2008--$2.1 billion over the requested amount of the President's FY 2008
budget. H.R. 1684 is an oversight and management bill that builds
capacity, provides resources, and ensures accountability at what GAO
still views as a high-risk endeavor--the transformation and integration
of 22 entities into the Department of Homeland Security.
H.R. 1684 establishes important offices such as the Directorate for
Policy, the Office of Health Affairs, and the Office of Cybersecurity
and Communications. Within the Office of Health Affairs, this bill
creates a Chief Medical Officer, CMO, and I worked with Chairman
Thompson to incorporate language regarding the CMO's qualifications to
ensure that the CMO possess a demonstrated ability and knowledge of
treatment of illnesses caused by chemical, biological, nuclear, and
radiological agents.
Moreover, I introduced an amendment which passed during the Committee
Markup of H.R. 1684 which strips the Department of the authority to
develop a personnel system different from the traditional GS schedule
Federal model. In a number of critical ways, the personnel system
established by the Homeland Security has been a litany of failure.
The flexibility we originally granted in the Homeland Security Act of
2002 has not worked. That is why I offered an amendment repealing the
DHS human resources personnel system.
The Department has abused the flexibility given by Congress. They
have created a personnel system that eviscerates employee due process
rights and puts in serious jeopardy the agency's ability to recruit and
retain a workforce capable of accomplishing its critical missions.
We initially believed that the flexibility given the Department would
allow it to respond better in times of crisis. We know now that nothing
could be further from the truth. The abysmal response to Hurricane
Katrina taught us that lesson.
Despite Court rulings, however, on March 7, 2007, DHS announced that
it will put into effect portions of the personnel system not
specifically enjoined by the Court. Just a few weeks earlier, DHS
outlined plans to move slower on its controversial personnel overhaul,
formerly known as MaxHR, but now called the Human Capital Operations
Plan or HCOP.
Implementing these plans would further undercut the fairness of the
appeals process for DHS employees by eliminating the Merit Systems
Protection Board's current authority to modify agency-imposed
penalties. These regulations would also provide the Secretary sole
discretion to identify offenses and impose employee penalties as well
as appoint a panel to decide the employee appeals the Secretary's
action.
According to U.S. District Judge Rosemary Collyer, these regulations
put the thumbs of the agencies down hard on the scales of justice in
[the agencies'] favor.
The Federal Appeals Court agreed with the District Court's basic
conclusion regarding the lack of fairness of these planned changes in
adverse action and appeal rights, but ruled that they were not yet ripe
for a decision since no one has been subject to discipline under them.
It is clear that another court case will be filed should DHS put these
provisions into place and an employee is harmed by the new adverse
actions and appeals procedures.
Some insisted that employees would be happier and more efficient if
they were managed more like the private sector. We know now that
nothing could be further from the truth. The Department's morale
ratings have consistently been at or near the bottom of all federal
agencies.
In February of this year, the Department of Homeland Security
received the lowest scores of any Federal agency on a Federal survey
for job satisfaction, leadership and workplace performance. Of the 36
agencies surveyed: DHS ranked 36th on job satisfaction, 35th on
leadership and knowledge management, 36th on results-oriented
performance culture, and 33rd on talent management.
We know that the Department too often does not listen to their
employees. In fact, the National Treasury Employees Union, NTEU, sent
me a letter on behalf of the 15,000 employees of DHS' Bureau of Customs
and Border Protection thanking me for introducing my amendment
repealing DHS' failed human resource management system, MaxHR. Despite
its incredibly low morale, the Department is not changing its plans to
implement MaxHR. Instead the Department is merely changing the name of
an unpopular and troubled system. MaxHR will become HCOP.
With the abysmal morale and extensive recruitment and retention
challenges at DHS, implementing these personnel changes now will only
further undermine the agency's employees and mission. From the
beginning of discussions over personnel regulations with DHS more than
4 years ago, it was clear that the only system that would work in this
agency is one that is fair, credible and transparent. These regulations
promulgated under the statute fail miserably to provide any of those
critical elements. It is time to end this flawed personnel experiment.
So it is time for Congress to once again step in. It is time to say
to the dedicated workers of the Department of Homeland Security that
they deserve to be treated with the same dignity and respect granted to
other federal employees. Therefore, I thank my Homeland Security
colleagues who supported my amendment repealing DHS' failed human
resource management system because Homeland Security is too important
to get it wrong again.
I also worked with Chairman Thompson to incorporate into H.R. 1684
language authorizing the Citizen Corps and the Metropolitan Medical
Response System programs to strengthen emergency response and recovery
efforts.
The Citizen Corps Program is a critical program within the Department
of Homeland Security that engages the community to be involved in
emergency preparedness through public education and outreach, training,
and volunteer service.
My language ensured that funding will enable local Citizen Corps
Councils to more adequately provide education and training for
populations located around critical infrastructure. These populations
will have an opportunity to be better prepared to respond to natural
disasters, acts of terrorism and other man-made disasters.
In a bipartisan fashion, I also worked with my colleague from Texas,
Representative McCaul, to draft an amendment regarding CBP officers and
their policies. My amendment called for the GAO to study the Border
Patrol's policies on pursuit and the use of lethal and non-lethal
force.
Our Border Patrol officers operate in some of the most dangerous
regions in the country and are often required to use force and pursue
suspects on a daily basis. An independent evaluation of these practices
and policies is important so that the Border Patrol knows the
parameters of its enforcement tactics and has the information necessary
to assess whether it needs to adopt new policies.
My amendment also requires GAO to examine the number of incidents
where force was used and when it has led to penalties against our
Border Patrol officers, so we have hard data that can guide any
reassessments that may be necessary.
Recognizing the problem first is essential to fixing the situation.
This non-partisan report by GAO will be a major step in evaluating
these vital Border Patrol policies.
H.R. 1684 also requires the Department to conduct a Comprehensive
Homeland Security Review, similar to the Quadrennial Defense Review
conducted by the Department of Defense. In addition, the bill requires
pay parity for Customs and Border Protection employees and other border
personnel enhancements and addresses critical staffing needs by tapping
into the pool of experienced Federal annuitants.
In conclusion, I stand here remembering those who still suffer, whose
hearts still ache over the loss of so many innocent and interrupted
lives. My prayer is that for those who lost a father, a mother, a
husband, a wife, a child, or a friend will in the days and years ahead
take comfort in the certain knowledge that they have gone on to claim
the greatest prize, a place in the Lord's loving arms. And down here on
the ground, their memory will never die so long as any of the many of
us who loved them lives.
Mr. Chairman, the best way to honor the memory of those lost in the
inferno of 9/11, is to do all we can to ensure that it never happens
again. The best way to do that is to bolster the efficacy,
accountability, and our oversight over the Department of Homeland
Security, which we created in the aftermath of 9/11 to protect and
preserve our Nation which we all hold so dear.
Mr. KING of New York. Mr. Chairman, I recognize the gentleman from
Texas, the ranking member of the Emerging Threat Subcommittee, Mr.
McCaul, for 3 minutes.
Mr. McCAUL of Texas. Mr. Chairman, I rise today not in opposition to
[[Page H4663]]
what this legislation stands for, but out of concern for what this
legislation fails to include.
Numerous provisions that were part of the authorization bill which
were approved unanimously and reported by the Committee on Homeland
Security were removed from the legislation that is before us today. And
these provisions were largely eliminated without any real policy
justification for their removal. Never in the history of the Homeland
Security Committee has such an action been done.
One of these provisions stripped from the authorization bill before
us today was based on a piece of legislation I introduced which
authorizes the National Bio and Agro Facility, or NBAF. The text of
this legislation was unanimously approved at the Committee on Homeland
Security authorization bill markup.
I am at a loss as to why my colleagues across the other side of the
aisle unilaterally decided to eliminate the NBAF provision from this
bill, especially when some of my Democratic colleagues on the
committee, including Chairman Thompson, were original cosponsors of the
NBAF legislation.
The need for the NBAF is clear and immediate. Its establishment is
crucial to defending our Nation from agroterrorism and naturally
occurring animal diseases. Currently, there's not one Biosafety Level 3
and BSL 4 livestock laboratory in the United States, and the NBAF
provision would have authorized a facility to fill that gap.
DHS is conducting a site selection process right now. Eighteen sites
have been looked at across the country, one close to my district at
Texas A&M. They are investing significant resources in the competition.
I'd also like to note that some of the other sites being considered
lie in or near districts represented by Democratic colleagues.
Congress has already provided $46 million for pre-construction NBAF
activities, and yet, DHS currently does not have the legal authority it
needs to even procure the land.
Because the enactment of this legislation is crucial to the
establishment of the NBAF and to defending the Nation against the
threats of agroterrorism, and because this legislation was eliminated
from the authorization bill before us, I urge my colleagues to work to
move forward in a bipartisan way to help secure our homeland and to
pass H.R. 1717.
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield 3\1/2\ minutes to
a former member of the committee, who is still very much interested in
homeland security, the gentleman from New Jersey (Mr. Pascrell).
Mr. PASCRELL. Mr. Chairman, I want to congratulate the chairman for a
great job and his counterpart, ranking member. There's a lot of work
that goes into this, a lot of work.
But just 1 year ago today we were still debating the following: We
were debating Federal agencies which still tended to spend needless
energy fighting one another over turf and money issues. And it's always
been unclear as to who is in charge.
The basic issues underlined by the
9/11 Commission and other committees remain unresolved until now. With
this piece of legislation, 1684, we are going to really jump into the
middle and the center of the storm. We still have inability of police
and fire departments to communicate with one another. We still have
senseless rivalries among our agencies under our jurisdiction, and,
three, there's still incompatibility in computer systems impeding data
sharing.
The institutions that we have oversight over must understand that
they are the three major areas that they must do something about in a
positive sense. This legislation before us, 1684, will strengthen the
Department through better management and increased oversight. This
finely crafted proposal is important to the security of the United
States of America.
So I commend you both. I commend the chairman for his valiant efforts
to improve national security. As a former member of the committee, I've
worked closely with him over the years, and can state firmly that no
one works harder or smarter on issues that affect America's safety than
the gentleman from Mississippi.
I also know that working the legislative maze that is Capitol Hill is
never an easy task, particularly when it comes to the wide array of
turf battles between the various entities.
I think the bill we vote on today, which will pass, is a prudent
course charted to overcome those obstacles.
{time} 1415
Indeed, this bipartisan proposal includes many significant provisions
aimed at strengthening and streamlining management, organizational
personnel and procurement issues at the Department to facilitate
execution of our mission.
This bill authorizes $39.8 billion in appropriations, $2.1 billion
needed over the request of the President of the United States. This
side of the aisle, joined by that side of the aisle, will no longer
shortchange Homeland Security in the resources and apparatus needed to
do the job.
This critical funding will help establish important offices, such as
the Directorate for Policy, the Office of Health Affairs, and the
Office of Cybersecurity and Communications. Areas that are crucial in
homeland security but often are ignored. With this bill we no longer
ignore the issues that have the potential to cause us severe harm if
left unattended.
The security of our homeland is as important as it gets. This bill
takes this austere responsibility seriously. So I applaud the chairman.
I applaud the committee and its fantastic staff for crafting sound
legislation. And I implore the support of all my colleagues.
Mr. KING of New York. Mr. Chairman, I yield 3 minutes to the
gentleman from Pennsylvania (Mr. Dent).
Mr. DENT. Mr. Chairman, I rise to speak on the Homeland Security
authorization bill, H.R. 1684.
The stated purpose of H.R. 1684 is to enhance homeland security.
Unfortunately, the restricted rule enacted at the behest of the
majority excludes certain measures that would have increased our
domestic security. One such provision is my amendment on the Automated
Targeting System for Passengers, or ATS-P. ATS-P coordinates
information already available from sources and allows Customs and
Border Protection to perform risk assessments of people entering the
United States. In this way CBP can identify a person of interest and
question that individual before, let me repeat, before that person
gains formal admission into this country.
This amendment would have been a positive step towards improving
border security.
ATS-P is a system that is already deployed and that has already had
some notable successes. It would have fulfilled a 9/11 Commission
recommendation. And yet the majority remains opposed to it and made
sure that it was not made in order. The motive behind that exclusion
remains a mystery.
The mystery deepens when one considers what was made in order today,
specifically one portion of the manager's amendment. During committee
proceedings at my request, we inserted language authorizing funding for
the United States Secret Service. The Secret Service, once an entity of
the Treasury Department, now falls within the jurisdiction of the
Department of Homeland Security. The Secret Service plays an important
function in safeguarding the citizens of this country. The amendment I
offered would have fully funded the President's request for the Secret
Service's protection missions. It also would have provided over $322
million for Investigations and Field Operations, the unit within the
Secret Service that investigates and prosecutes counterfeiting, fraud
and identity theft.
Mr. Chairman, I will insert a copy of a letter into the Record from
the National Fraternal Order of Police endorsing the inclusion of
Secret Service funding within the Homeland Security authorization bill.
Fraternal Order of Police,
Washington, DC, May 8, 2007.
Hon. Bennie Thompson,
Chairman, Committee on Homeland Security, Washington, DC.
Hon. Peter King,
Ranking Member, Committee on Homeland Security, Washington,
DC.
Dear Chairman Thompson and Ranking Member King: I am
writing on behalf of the membership of the Fraternal Order of
Police to express our support for H.R. 1684, the ``Department
of Homeland Security Authorization Act of 2008.'' We are
strongly supportive
[[Page H4664]]
of sections 501, 502, 504, 505, which would provide law
enforcement retirement benefits and improve recruitment and
retention for Customs and Border Protection (CBP) officers.
I also would like to urge the retention of Sections 1101
and 1120. Section 1101 allows funding from Department of
Homeland Security interoperability grants to procure
equipment that conforms to the SAFECOM interoperability
continuum. SAFECOM is a communications program of the
Department of Homeland Security's Office for Interoperability
and Compatibility that, with its Federal partners, provides
research, development, testing and evaluation, guidance,
tools, and templates on communications-related issues to
local, tribal, State, and, Federal emergency response
agencies. In developing the continuum, SAFECOM coordinated
its efforts with numerous State and local law enforcement and
emergency services entities. Interoperable communications are
critical in the successful prosecution of law enforcement
missions and play a critical role in ensuring officer and
civilian safety.
We are also asking that you support Section 1120, which
authorizes $1.64 billion and an additional 122 personnel for
the United States Secret Service, an increase of 14 percent
over the President's request. The Secret Service is charged
with protecting our nation's most important leaders and
visiting foreign dignitaries as well as conducting criminal
investigations. Since 9/11 the Secret Service's limited
assets have been increasingly stretched thin at a time when
the number of candidates they protect has increased from 20
to 55 and the amount of counterfeit money in circulation has
increased by 30 percent.
This section would also provide additional funding for our
overworked and undercompensated Secret Service Uniformed
Division. These dedicated men and women work tirelessly to
provide protection to an increasing number of visiting
officials, as well as protecting foreign embassies in the
United States. However, they are experiencing a turnover rate
of 20-25 percent a year as officers leave the agency to find
better paying jobs with other Federal law enforcement
agencies.
It is important that law enforcement receives the tools and
funding needed to fulfill its mission. Sections 1101 and 1120
do just that and we urge you to retain them in the final
bill. On behalf of the more than 325,000 members of the
Fraternal Order of Police, I want to thank you for all of
your help on this important issue. Please do not hesitate to
contact me, or Executive Director Jim Pasco, through our
Washington office if we can be of any further assistance.
Sincerely,
Chuck Canterbury,
National President.
In fulfilling our homeland security mission, this Congress should
provide oversight of and support for homeland security agencies, one of
which is now the Secret Service. The FOP endorses this suggestion. So
do I. I wish that my colleagues on the other side would embrace this
idea, along with the better security provided by the ATS-P provisions
as well.
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield 2 minutes to the
gentleman from North Carolina (Mr. Etheridge).
(Mr. ETHERIDGE asked and was given permission to revise and extend
his remarks.)
Mr. ETHERIDGE. Mr. Chairman, I thank the gentleman for yielding. And
let me thank the chairman and ranking member for their hard work.
The Department of Homeland Security is tasked with protecting America
and its citizens. There is no greater charge. Oversight is critical to
the Department both to root out waste, fraud and abuse, and to examine
the effectiveness and to recommend improvements for the Department's
operations. This bill provides support for the Inspector General's
Office and creates tools that will enhance transparency for Congress
and the public.
To help improve policymaking at the DHS and to promote long-term
planning, this bill establishes a Directorate for Policy to be headed
by an undersecretary for policy and requires a quadrennial review of
the Department's practices and mission.
This policymaking must address the needs of America's most vulnerable
citizens: its children. I thank the chairman for including my language
that requires the Directorate for Policy to address the needs of
children. That will enable the Department to enhance school
preparedness and other emergency planning needs of facilities for
children.
As a former superintendent of North Carolina's public schools, I know
how important planning is to preparedness and security for our schools
and other places that focus on our children. The Department must
understand the importance of including schools and children in
emergency planning, and this bill will ensure that it does so.
I also believe that DHS must prioritize the protection of our
critical food and agriculture infrastructure to enhance the health and
security of America. The ongoing melamine crisis only reveals how
vulnerable we are.
This bill requires the Department to report on their progress on
agriculture security in response to issues raised by two critical
reports on their efforts. That will ensure that DHS is doing
appropriate planning for agriculture security and give Congress the
opportunity for oversight. I thank the chairman for including this in
this bill.
I am also concerned about the security of sensitive materials used by
the Department, uniforms, badges, identification cards, and protective
equipment.
H.R. 1684 enhances the nation's security by requiring these items,
subject to practical exceptions, produced domestically when they will
be used domestically.
Taken together, the many good provisions in this bill will improve
the Department's ability to protect our homeland. This is a good,
bipartisan bill, and I urge my colleagues to support it.
Mr. KING of New York. Mr. Chairman, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield 1\1/2\ minutes to
the gentleman from south Texas (Mr. Cuellar).
Mr. CUELLAR. Mr. Chairman, I rise in support of H.R. 1684, the
Department of Homeland Security Authorization Act.
As a cosponsor, I certainly want to thank Chairman Thompson for the
leadership and the strong support that he has shown in moving this bill
along, and I also want to thank my friend, Ranking Member King, for his
bipartisan work and for the hard work that he has provided.
This particular bill has three provisions that I have added with the
help of the chairman, the ranking member, my colleagues and the
committee staff. And I want to thank them for their work.
The first provision creates a direct line of communications between
border local elected officials and the private sector and the
policymakers at the Department through a Border Communities Liaison at
the DHS Office of Policy. This is important to make sure that we get
the local input.
The second provision calls for the evaluation of and emphasis on
training of Border Patrol agents along the southwest border where many
of them are going to serve.
And the third and last provision mandates for the first time a
comprehensive assessment of the staffing, infrastructure and technology
resources that are needed to reduce the wait times for pedestrian,
commercial and noncommercial traffic at the border. We want to have
border security, but at the same time, we do not want to impede trade
and tourism.
I thank Chairman Thompson for his support and ask my colleagues to
support H.R. 1684.
Mr. KING of New York. Mr. Chairman, I yield 2 minutes to the
gentleman from Illinois (Mr. Kirk).
Mr. KIRK. Mr. Chairman, I would like to engage in a brief colloquy
with the chairman about an amendment Mr. Lipinski and I offered in the
Rules Committee yesterday afternoon regarding airport security badges.
Dave Savini of CBS TV revealed that, since 2004, 3,760 aviation
security badges have gone missing at O'Hare. These badges are the only
identification needed for law enforcement officials, independent
contractors, baggage handlers, flight attendants and pilots to enter
the airfield. When an employee is fired, some airport contractors are
unwilling to reclaim their badges from employees, who retain full
access to the airport.
This problem is not isolated at Chicago. In early February, officials
at Los Angeles International Airport reported 120 missing TSA badges;
in Oakland, 500 missing badges; in Buffalo, nearly 40 missing badges;
and 42 missing badges in Dallas.
Mr. Chairman, the Kirk-Lipinski amendment we offered would require
airport contractors to make a reasonable effort to retrieve badges from
employees whose employment has ended and notify the local airport
authority within 24 hours. Failure to comply would then result in a
civil fine of up
[[Page H4665]]
to $10,000 per day. Hitting contractors where it hurts, in their
pocketbooks, can help make our Nation's airports safer. And our
amendment will now be included in a freestanding bill.
Mr. Chairman, I thank you for engaging in this colloquy on this
matter and appreciate your support in working with Mr. Lipinski and me
in a bipartisan manner to address this issue in the future.
I yield to the chairman.
Mr. THOMPSON of Mississippi. Mr. Chairman, I thank Mr. Kirk as well
as Mr. Lipinski for bringing this to the committee's attention. I agree
with the gentleman that the issue of airport security badges must be
examined in closer detail.
I share your commitment to securing our airports and look forward to
working with you on this issue in the Homeland Security Committee.
Mr. KIRK. I thank the chairman.
Mr. THOMPSON of Mississippi. Mr. Chairman, I now yield 2\1/2\ minutes
to the gentleman from Rhode Island (Mr. Langevin).
(Mr. LANGEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LANGEVIN. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I rise today in strong support of the Department of
Homeland Security Authorization Act.
In 4 years Congress has not been able to successfully pass an
authorization measure into law. That all changes today, and I want to
commend the chairman and the ranking member for their leadership in
bringing the bill to the floor today.
Today, the Democratic majority is changing paths by making homeland
security and appropriate oversight a priority for Congress, and under
the leadership of Chairman Thompson, we will pass the bill this year.
This bill provides us that opportunity while authorizing an additional
$2.1 billion for the Department. This is truly an historic moment.
While I applaud many provisions of this bill, I particularly would like
to focus on a few key elements that will significantly improve
America's security.
As chairman of the Subcommittee on Emerging Threats, Cybersecurity,
and Science and Technology, I am particularly pleased that this bill
incorporates legislation I introduced to improve the material threat
assessment process under Project BioShield. This language requires the
Secretary to effectively group similar threats together in order to
move towards a ``one drug, many bugs'' approach to biosecurity that
will allow us to combat multiple threats simultaneously.
H.R. 1684 also establishes a National Biosurveillance Integration
Center based on a measure that I introduced. Biointelligence and
biosurveillance provide the early warning systems necessary to detect
the spread of disease, whether natural or intentional. This center will
integrate data from biosurveillance systems with other intelligence to
provide a comprehensive and timely picture of existing biological
threats.
Lastly, this bill recognizes the importance of investing more in
cybersecurity, a critical need at this juncture. We authorize an
additional $50 million for cybersecurity research and development
activities at DHS, critical resources to address one of our most
pressing and underfunded needs. We cannot overestimate the importance
of biosecurity.
Again, I want to stress the importance of cybersecurity, and we need
to do more in this area. And I look forward to working with the
chairman on this and other priorities.
I want to thank Chairman Thompson for including these and many other
critical provisions. I am proud that we are well on our way to seeing
the first ever DHS authorization bill signed into law. And I urge my
colleagues to join me in supporting this measure.
Thank you, Chairman Thompson, for your leadership.
Mr. KING of New York. Mr. Chairman, I will continue to reserve the
balance of my time.
Mr. THOMPSON of Mississippi. Mr. Chairman, for the purpose of a
colloquy, I would like to yield such time as he may consume to the
gentleman from Texas.
{time} 1430
Mr. RODRIGUEZ. Mr. Chairman, I would like to thank you for this time
and for your willingness to work with me on issues that are important
to my district and to the State and the country as a whole.
As you know, I represent one of the longest stretches of the southern
border with Mexico, my congressional district, the 23rd. Eleven
counties in my district are on the Mexican border, and a variety of
others are 20 miles away from the Mexican border.
As I travel throughout my district, one of the most common concerns
is the lack of resources rural law enforcement officers have on the
border. These departments often have just a few officers on the entire
force, and they have to handle the same drug cases and human smuggling
cases that large cities do. Except processing these cases in small
communities means taking half or, in some cases, all of the staff in
those particular communities.
I had planned to offer an amendment that would have provided
necessary additional resources for the border to local police
departments as well as the sheriff's departments to hire and equip and
train additional officers. I have withdrawn that amendment with the
hopes of being able to work with the chairman and this committee to
bring this critical aid to our local law enforcement on the Mexican
border.
Mr. Chairman, once again, I thank you; and I would ask for your help
and your assistance.
Mr. THOMPSON of Mississippi. Mr. Chairman, I would like to thank the
gentleman from Texas (Mr. Rodriguez) for his willingness to work with
the committee. I know very well how important border security is to his
constituents and how hard he has worked since returning to Congress to
keep his community safe and bring the necessary resources to Federal,
State and local law enforcement on the border. I certainly appreciate
his expertise on border security issues. I look forward to working with
him to ensure that our brave law enforcement men and women receive the
assistance they need to keep border communities in our Nation safe and
secure.
Mr. THOMPSON of Mississippi. Mr. Chairman, at this time, I will
insert into the Record letters from the American Federation of
Government Employees and The National Treasury Employees Union in
support of this legislation.
American Federation of
Government Employees, AFL-CIO,
Washington, DC, May 7, 2007.
Dear Representative: On behalf of the American Federation
of Government Employees (AFGE), which represents 26,000
Department of Homeland Security (DHS) workers, I strongly
urge you to vote in support of passage of H.R. 1684, the
Department of Homeland Security Authorization Act for Fiscal
Year 2008. The legislation responds to many issues AFGE has
raised on behalf of the Border Patrol Agents, Customs and
Border Protection Officers, Transportation Security Officers,
Federal Protective Service Officers and other workers
important to the agency's mission of keeping our country
safe.
H.R. 1684 supports DHS workers by repealing the portion of
MAXHR (the agency's flawed attempt to re-make civil service
rules and protections) relating to employee appeal rights and
performance management goals. The repeal of these provisions
is of great importance because DHS has stated its intention
to implement MAXHR regulations on employee appeal rights and
performance management goals despite the likelihood that they
will be overturned in federal court. The legislation also
restores statutory authority for collective bargaining rights
for DHS workers because the DHS regulations establishing a
new collective bargaining system have been overturned by the
courts. The reinstatement of fairness in DHS workplace rules
and procedures is vitally important to keeping the expertise
of highly trained, committed homeland security professionals
at the agency.
H.R. 1684 recognizes the legitimate law enforcement
responsibilities of Customs and Border Patrol Officers by
including them in the federal Law Enforcement Retirement
System, and strengthens Border Patrol Officer recruitment and
retention measures, which will ensure that there are adequate
personnel available to patrol our borders. The legislation
also includes provisions that will prevent Immigration and
Customs Enforcement from implementing its unsound plan to
eliminate police officers and special agents at the Federal
Protective Service. H.R. 1684 recognizes that worker security
in the DHS workplace facilitates greater homeland security
for us all.
The workers at DHS have performed above and beyond the call
of duty, even with bad workplace rules and policies. H.R.
1684 recognizes the contribution of the men and women on the
front lines of security and provides them with the resources
necessary to ensure
[[Page H4666]]
that they continue to provide the best security in the world
today. AFGE again strongly urges you to vote in support of
H.R. 1684.
Sincerely,
Beth Moten,
Legislative and Political Director.
____
The National Treasury
Employees Union,
Washington, DC, May 7, 2007.
Re Vote Yes on H.R. 1684, FY 2008 Department of Homeland
Security Authorization Act
Dear Representative: I am writing on behalf of the 150,000
members of the National Treasury Employees Union (NTEU)
including 15,000 employees at the Department of Homeland
Security's (DHS) U.S. Customs and Border Protection (CBP) to
urge you to vote for passage of H.R. 1684, a bill to
authorize appropriations for fiscal year 2008 for DHS.
H.R. 1684 includes many provisions that will enhance DHS's
national security mission. Of particular importance is
Section 512 a provision that repeals the failed DHS human
resource management system established by the Homeland
Security Act of 2002 and the subsequent regulations issued by
DHS.
In February of this year, DHS received the lowest scores of
any federal agency on a federal survey for job satisfaction,
leadership and workplace performance. Of the 36 agencies
surveyed, DHS ranked 36th on job satisfaction, 35th on
leadership and knowledge management, 36th of results-oriented
performance culture, and 33rd on talent management. As I have
stated previously, widespread dissatisfaction with DHS
management and leadership creates a morale problem that
affects the safety of this nation.
The four-year DHS personnel experiment has been a litany of
failure because the law and the regulations effectively gut
employee due process rights and put in serious jeopardy the
agency's ability to recruit and retain a workforce capable of
accomplishing its critical missions. When Congress passed the
Homeland Security Act in 2002, it granted the new department
very broad discretion to create new personnel rules. It
basically said that DHS could come up with new systems as
long as employees were treated fairly and continued to be
able to organize and bargain collectively.
The regulations DHS came up with did not even comply with
these two very minimal and basic requirements and subsequent
court rulings confirmed this truth. It should be clear to
Congress that DHS has learned little from these court losses
and repeated survey results and will continue to overreach in
its attempts to implement the personnel provisions included
in the Homeland Security Act of 2002. On March 7,2007, DHS
announced that it will implement portions these compromised
personnel regulations that were not explicitly ruled illegal
by the courts.
With the abysmal morale and extensive recruitment and
retention challenges at DHS, implementing these personnel
changes now will only further undermine the agency's
employees and mission. From the beginning of discussions over
personnel regulations with DHS more than four years ago, it
was clear that the only system that would work in this agency
is one that is fair, credible and transparent. These
regulations promulgated under the statute fail miserably to
provide by of those critical elements. It is time to end this
flawed personnel experiment Passage of H.R. 1684 will
accomplish this.
Also included in this legislation is Section 501, a
provision that finally recognizes the Law Enforcement Officer
(LEO) status of CBP Officers (CBPOs). Section 501 grants
prospective LEO status and benefits to CBPOs as of March
2003. NTEU recognizes Section 501 as a significant
breakthrough in achieving LEO status for those CBPOs on the
frontlines protecting our nation's sea, air, and land ports.
NTEU members appreciate this significant first step and vows
to work with Congress to assure comprehensive coverage of all
CBPOs.
NTEU strongly supports H.R. 1684 and urges you to vote to
approve the bill this week on the House floor and oppose any
amendments that would weaken the above-mentioned provisions.
For more information or if you have any questions, please
contact Jean Hutter with the NTEU Legislation Department.
Sincerely,
Colleen M. Kelley,
National President.
I now recognize the gentleman from Texas (Mr. Al Green) for 1 minute.
Mr. AL GREEN of Texas. Mr. Chairman, I compliment you for the
outstanding job that you have done in bringing this bill to the floor.
I also thank the ranking member for the support that has been shown.
Mr. Chairman, this bill contains $39.8 billion for Homeland Security.
It is worthy of noting that this is $2.1 billion more than the
President has requested and that it restores some of the numerous cuts
made by the President.
This bill provides accountability. This bill has a strong means by
which our homeland will begin to move in the direction of getting the
kind of support that it needs to be secure.
I strongly urge my colleagues to support this bill.
Mr. KING of New York. Mr. Chairman, as we leave general debate and
begin to debate the amendments, I would again say I commend the
gentleman from Mississippi, the chairman, for the bill that was put
forth in the committee which came out of the committee.
I am, again, disappointed by the product that came here today. I
understand the realities of politics and the realities of governing,
but I just wish we could have made more of an effort to move the
committee product further along, rather than make the concessions that
were made. There are just so many important matters that were either
dramatically revised or eliminated, which weakens the thrust of where
we're going.
We will be debating amendments for the next several hours. The debate
will be in good faith, just as our efforts on the committee are in good
faith, but I just wish the leadership of the House would do more to
improve and to enhance and to further the position of the Homeland
Security Committee so we can do the job that we have been chartered to
do and we can do the job the
9/11 Commission wants us to do, to do the job that the 9/11 families
want us to do, and do the job that the memory of those who were
murdered on 9/11 really command that we do.
With that, Mr. Chairman, I look forward to the upcoming debate. I am
disappointed in the product that is before us. Having said that, I
remain enthusiastic about the job that we as a committee can do under
the chairmanship of Chairman Thompson and with the strong cooperation
from the minority on the committee.
Mr. Chairman, with that, I yield back the balance of my time
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield myself the balance
of the time for closing.
First of all, let me pay tribute to my colleague from New York,
Ranking Member King. We have worked very well on this bill. This is the
first time that we have done an authorization bill before an
appropriation bill. We are trying to establish jurisdiction for this
committee going forward. This is the first Democratic effort in that
direction.
Some of us would have preferred a broader bill, but my colleague
understands that, given the nature of Congress and the nature of how we
do business, sometimes that's not practical.
What I did was brought, through this manager's amendment, which you
will see after this debate, a bill that we all have agreement on, even
the chairmen of the various communities of jurisdiction. So I am
committed, just like the ranking member and most Members in Congress,
to support the Department of Homeland Security, to make sure that we
defend ourselves against terrorists abroad as well as terrorists at
home, to make sure that we respond to disasters regardless of what
nature they come in. But in order to do that, we need a robust
organization. We need someone with accountability. This bill, H.R.
1684, builds on that.
Mr. Chairman, I urge my colleagues to vote ``aye'' on H.R. 1684.
Mr. CONYERS. Mr. Speaker, I rise today in support of ``H.R. 1684, the
Department of Homeland Security Authorization Act of 2008.'' One of our
greatest responsibilities is the protection and security of our
citizens and they deserve a vigorous and accountable homeland security
policy. H.R. 1684 will now provide just such a policy that will allow
us to address the weaknesses that were apparent in the administration's
previous attempts at providing Homeland Security.
This legislation, which was developed through bipartisan support, is
a proactive step in making our country a much safer place to live, work
and play. The bill authorizes $39.8 billion for the Department of
Homeland Security for Fiscal Year 2008--which is $2.1 billion more than
President Bush requested in his budget and funds many much needed
programs to keep America safe.
The bill restores funding to the State Homeland Security Grant
Program, which supports first responders in their mission to prevent,
prepare for and respond to acts of terrorism. This bill also restores
the President's 55-percent cut in firefighter assistance grants and
restores the elimination of the Local Law Enforcement Terrorism
Prevention Program. H.R. 1684 will also provide funding for vital first
responder programs and provide resources for a number of other critical
homeland security activities that were reduced in the President's
budget.
The Department of Homeland Security has been faced with management
and oversight
[[Page H4667]]
issues since its inception. A July 27, 2006 article by the Washington
Post stated that, ``The multibillion-dollar surge in Federal
contracting to bolster the Nation's domestic defenses in the wake of
the Sept. 11, 2001 attacks has been marred by extensive waste and
misspent funds, according to a new bipartisan congressional report.''
This bill will help to refocus and provide the necessary training and
resources to help the Agency achieve its goals and address
mismanagement issues. H.R. 1684 will require the Department of Homeland
Security to consider past performance of a firm before deciding whether
to award a new contract. As a part of a contract bid, each firm seeking
the contract must submit information regarding its past performance of
Federal, State, local, and private sector contracts.
I am committed to ensuring that we are prepared to protect our
families, our homes, and our Nation against any and all terrorist
threats. So, I am honored to support this legislation.
Mr. LANGEVIN. Mr. Chairman, I rise in strong support of the
Department of Homeland Security Authorization Act. In 4 years, Congress
has not been able to successfully pass an authorization measure into
law. Today the Democratic majority is changing paths by making homeland
security and appropriate oversight a priority for Congress, and under
the leadership of Chairman Thompson, we will pass a bill this year.
This bill provides us that opportunity, while authorizing an additional
$2.1 billion for the Department. While I applaud many provisions of
this bill, I would like to focus on a few key elements that will
significantly improve America's security.
As Chairman of the Subcommittee on Emerging Threats, Cybersecurity
and Science and Technology, I am pleased that this bill incorporates
legislation I introduced to improve the material threat assessment
process under Project BioShield. This language requires the Secretary
to effectively group similar threats together in order to move towards
a ``one drug, many bugs'' approach to biosecurity that will allow us to
combat multiple threats simultaneously.
H.R. 1684 also establishes a National Biosurveillance Integration
Center based on a measure I introduced. Biointelligence and
biosurveillance provide the early warning systems necessary to detect
the spread of disease, whether natural or intentional. This Center will
integrate data from biosurveillance systems with other intelligence to
provide a comprehensive and timely picture of existing biological
threats.
This legislation also incorporates the SAFETY Reform Act of 2007, a
measure I introduced to help ensure that safe and effective anti-
terrorism technologies are being deployed by the Department of Homeland
Security. The provision will increase personnel trained to apply
economic, legal and risk analyses involved in the review of anti-
terrorism technologies, which will streamline the application process
and encourage participation in this program across all levels of
government and the private sector.
Lastly, this bill recognizes the importance of investing more in
cybersecurity. We authorize an additional $50 million for cybersecurity
research and development activities at DHS, critical resources to
address one of our most pressing and under-funded needs.
I thank Chairman Thompson for including these and many other critical
provisions. I am proud that we are well on our way to seeing the first-
ever DHS Authorization bill signed into law, and I urge my colleagues
to join me in supporting this measure.
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I rise in support of
H.R. 1684, the Department of Homeland Security Fiscal Year 2008
Authorization bill.
As the Vice Chair of the Homeland Security Committee I am proud to be
an original cosponsor of this important, bipartisan authorization bill
that will provide much needed guidance to and oversight of the
Department of Homeland Security, and will be the first DHS
Authorization bill voted on by the House.
H.R. 1684 contains many key provisions that will improve the
Department's long range planning, accountability, personnel
development. It will also provide long-neglected authorization for
critical programs at the Department.
This legislation authorizes an Undersecretary for Policy and a
Comprehensive Homeland Security Review at the start of each new
Presidential Administration.
These provisions will help ensure that the Department is looking
beyond the crisis at hand, planning for the future, and keeping its
resources aligned with its mission and the National Strategy for
Homeland Security.
In addition, I am pleased that this legislation includes a sense of
the Congress that the consolidation of the Department's headquarters on
the West campus of St. Elizabeth's Hospital should move forward
rapidly.
I believe the establishment of this headquarters will have a positive
effect on the efficiency, operations, and morale of the Department.
In terms of accountability, H.R. 1684 requires enhanced oversight of
large contracts under the Department's Secure Border Initiative.
Personnel development is a major issue for the Department. This
legislation authorizes expanded procurement training for acquisition
employees; and enhanced incentives for the recruitment and retention of
Border Patrol agents.
The bill also addresses several key policy areas. These include
requiring the Department to plan for the implementation of the
biometric exit component of the US-VISIT program.
This is an essential border security issue that will enable us to
know who is in the country, and to better track people overstaying
their visas.
In addition this legislation provides five year authorization of the
Metropolitan Medical Response System, a critical program to ensure
response capabilities for all-hazards mass casualty events.
I urge my colleagues to join me in supporting H.R. 1684, and in
working together to have a Homeland Security Authorization bill signed
into law this year for the first time ever.
Mrs. CHRISTENSEN. Mr. Chairman, I rise today in strong support of
H.R. 1684, the Department of Homeland Security Authorization Act of
2008. I would like to commend Chairman Thompson and Ranking Member King
for their diligent leadership in bringing this bill to the floor today.
I would also like to acknowledge the work of my colleagues on the
committee and commend our leadership for the improved dialogue with
Secretary Chertoff and other DHS officials.
The Department of Homeland Security's primary mission is to help
prevent, protect against and respond to acts of terrorism on U.S. soil.
On March 1, 2003, it united 22 agencies with more than 87,000 different
governmental jurisdictions at the Federal, State and local levels
having homeland security responsibilities. The agency has been in
existence for 4 years and, although it has responded to an
unprecedented number of terrorist threats and national emergencies,
there remain many managerial, technical, and policy issues that prevent
the agency from optimally functioning--and the whole world has
witnessed some of these deficiencies.
H.R. 1684 addresses the department's current shortfalls by, among
other things, providing for policy, management and integration
improvements, oversight improvements, much needed integrity and
enhanced accountability in the contracting process, workforce and
training improvements, and grants and training to improve emergency
response among other provisions. As a physician and Chair of the
Congressional Black Caucus Health Braintrust, I am especially
supportive of the provisions that will authorize the Chief Medical
Office to serve as the Department's lead authority on matters relating
to all aspects of health and creating an Office of Health Affairs to be
headed by the CMO. This would give the CMO more autonomy in having
oversight and regulating the agency's role in Bioshield--a program that
itself has not functioned as envisioned or needed.
I am also very glad to see the increased funding in Customs and
Border Protection. Our Nation's borders, including those in my
district--the U.S. Virgin Islands, are major points of illegal entry to
the United States and renders it vulnerable to terrorist attack. I am
pleased to say that U.S. Border Patrol's Ramey Sector has begun
detailing Border Patrol Agents to St. Thomas and also plan on detailing
Agents to St. Croix. But our goal is to have a border patrol unit and
we will work to see that this provision enables us to do that.
Mr. Chairman, H.R. 1684 is the product of numerous hours of oversight
hearings to address the many issues that plague DHS. Not only does the
bill address management issues but it will restore funding for vital
first responder programs and provide resources for a number of critical
homeland security activities. Today, we have the opportunity to show
our Nation that its security is our priority. I urge my colleagues to
support its passage.
Ms. ZOE LOFGREN of California. Mr. Chairman, congratulations to
Chairman Bennie Thompson for getting the DHS Authorization bill to the
floor for the first time in 2 years.
This authorization bill is the result of countless hours of
negotiation and I would like to recognize Chairman Thompson and his
staff for all their hard work.
H.R. 1684 addresses the difficulties the Department of Homeland
Security has faced in contracting, procurement, the morale of
employees, management, and oversight.
We cannot continue to sit idly by while the Department which is
charged with leading the unified national effort to secure America is
not operating effectively.
Again, congratulations to my good friend Chairman Thompson on this
accomplishment.
Mr. MARKEY. Mr. Chairman, I rise in support of this authorization
bill, and I commend Chairman Thompson for his hard work in shepherding
this important bill to the Floor
[[Page H4668]]
today. Today is a monumental moment for the Homeland Security Committee
and for this House, as we bring forward an authorization bill to the
floor--which our Committee was unable to do during the last Congress.
I am proud that the bill we are considering today to authorize the
operations of the Department of Homeland Security for Fiscal Year 2008
includes a vital first responder provision on the Metropolitan Medical
Response System--or MMRS. I'd like to thank Chairman Thompson for his
leadership and also recognize the work of Subcommittee Chair Sanchez
and Ranking Member King on this important program.
Despite the Bush administration's repeated efforts to eliminate this
unique and effective program, Congress has wisely and consistently
appropriated funds for MMRS over the years, providing $33 million for
the program this year. While preservation of the MMRS program is
paramount, new duties and responsibilities assigned to MMRS--such as
response to an avian flu pandemic--require additional funding. That is
why I am pleased that the authorization bill contains funding at the
$63 million level per year for fiscal year 2008 through 2011.
The authorization bill also resolves programmatic problems that MMRS
responders have faced as they work to perform their difficult jobs.
Specifically, the bill clarifies that the cap on personnel expenses,
which had been set at 15 percent of the grant funding a jurisdiction
receives, is lifted. This change will ensure that jurisdictions have
the resources--if needed--to hire and retain experienced and talented
personnel. The bill we are considering today also makes clear that MMRS
jurisdictions should have the authority they need to come to the aid of
neighboring jurisdictions in emergencies--even if they are located
across State lines--without being impeded by unnecessary bureaucratic
restrictions. And the bill directs the Assistant Secretary of Health
Affairs to conduct a review of the MMRS program and report to Congress
on the several issues that could further strengthen the program, such
as whether MMRS would be more effective if it were once again managed
through a contractual agreement with the Federal Government rather than
through the current process, which requires Federal funding to be
passed through State administrative offices before the funds can be
released to the MMRS jurisdictions.
Mr. Chairman, as you know, the MMRS program is the only Federal
program that helps first responders, medical personnel, emergency
management workers, and businesses develop effective, integrated
capabilities to minimize casualties in the event of a terrorist attack
using a weapon of mass destruction, a natural disaster such as a
hurricane, or a public health emergency including an avian flu
outbreak.
As demonstrated by the Bush administration's failed response to
Hurricane Katrina, our country has a dangerous ``Preparedness Gap''.
Established after the Oklahoma City bombing, the MMRS program is
designed to increase our Nation's preparedness capabilities through
grants that currently provide funding to 125 jurisdictions in 43
States.
The MMRS program helps local first responder and ``first receivers''
such as doctors, emergency medical technicians and public health
officials buy the specialized equipment and get the training needed to
act in a coordinated fashion that will save lives in the event of a
mass casualty event--whether it's a terrorist attack or a natural
disaster.
In the post 9/11 era, there can be no doubt that Al Qaeda is willing
and capable of launching attacks on the United States. Moreover, the
ongoing potential for severe hurricanes and flooding remind us of the
urgent need to be prepared to respond in an organized, effective way to
all hazards. The MMRS program is an essential part of our preparedness
capability.
Our MMRS personnel across the Nation are hometown heroes. But even
heroes need help. Thank you, Chairman Thompson, for your help and
support of this program, and I urge my colleagues to support the
authorization bill.
I would also like to note the strong need for this bill's cyber-
security improvements. The Subcommittee on Telecommunications and
Internet, which I chair, and full Energy and Commerce Committee under
the leadership of Chairman Dingell, have worked on a bipartisan basis,
with Ranking Members Upton and Barton, to address cyber threats within
the Department of Homeland Security in order to ensure that our country
is adequately prepared for massive disruptions from cyber attacks.
This measure provides needed guidance to DHS on these Congressional
expectations. Moreover, this legislation will require the Assistant
Secretary for Cybersecurity and Communications at DHS to collaborate
with the Department of Commerce and the Federal Communications
Commission--agencies that have established roles in protecting vital
telecommunications and cyber assets. Such collaboration will ensure
that ongoing efforts will not be interrupted or wastefully duplicated
at the Department of Homeland Security. For example, NTIA's organizing
statute establishes the head of NTIA as the President's principal
adviser on telecommunications issues. In addition, the agency is
compelled by the same law to pursue policies to foster national safety
and security, to promote efficient use of Federal spectrum, to
coordinate Federal telecommunications assistance to State and local
governments, and to coordinate the Executive Branch's
telecommunications activities, including the formulation of policies
and standards for interoperability, security, and emergency readiness
and ongoing review of management of the Internet domain name system.
The FCC also protects telecommunications and cybersecurity, and under
the Communications Act is responsible for assuring rapid and efficient
communication services with adequate facilities for the purpose of the
national defense and promotion of the safety of life and property.
I also support amending this important legislation in order to
address the pressing need to improve interoperable communications among
first responders. This is something that we have been working on for
several years. Representatives Cardoza's expected amendment does not
limit interoperability efforts to a single technology or solution. This
is vitally important, especially given the history at DHS with grant
programs for these efforts. Last year, Congress established a $1
billion interoperability grant program at the Department of Commerce,
distinct from DHS's efforts, so that the Commerce Department could draw
upon its spectrum and telecommunications expertise. In their respective
programs, both DHS and the Department of Commerce should include
methodologies to better ensure that funds for interoperability are
being used effectively. DHS would do well to implement all of the
recommendations of the GAO suggested in its recent report. There is a
significant amount of work that DHS must perform in order to improve
its interoperability efforts and we will be watching such efforts
closely.
Mr. LARSON of Connecticut. Mr. Chairman, I regret that I could not be
present today because of a family medical situation and I would like to
submit this statement for the record in support of H.R. 1684, the
Department of Homeland Security Authorization for Fiscal Year 2008.
Since its creation in 2003, the Department of Homeland Security has
been one of the most mismanaged departments in the Federal Government.
Failing to learn from the severe preparedness gaps exposed by the
failed response to Hurricane Katrina, the Administration has proposed
deep cuts to vital, core programs that assist local communities in
responding to disasters. For example, the Administration requested a 52
percent funding cut for the State Homeland Security Grant Program and
no funding for the Metropolitan Medical Response System, MMRS,
program--the only Federal program that helps first responders, medical
personnel, emergency rmnagement workers, business and other
stakeholders develop effective, integrated capabilities to minimize
causalities in the event of a terrorist attack using a weapon of mass
destruction, natural disaster, or public health emergency. Eliminating
funding for MMRS would have grave implications for 125 municipal
authorities, in 43 States, including Connecticut.
In comparison, the Democratic-led House has put forth a bill that
invests in securing the homeland and ensures accountability within the
Department of Homeland Security. The bill authorizes $39.8 billion for
the Department of Homeland Security for fiscal year 2008. This funding
would provide our local communities with the tools to respond to
terrorist attacks and natural disasters and improve the Government's
ability to prevent terrorist attacks through greater information
sharing. The bill also authorizes $63 million annually for the MMRS
program through fiscal year 2011. Most importantly, the bill includes
accountability provisions and provisions to strengthen and streamline
management of the Department.
We must remain vigilant in protecting the American people and in
preparing to respond to terrorist attacks, major disasters, and other
emergencies. I urge my colleagues to join me in supporting the
underlying bill.
Mr. HOLT. Mr. Chairman, I urge my colleagues to support this bill. If
enacted, it will spur needed improvements in a critical Federal
department that is clearly struggling in many areas.
Earlier this year, the Department tried to put the best face on a
devastating poll of Federal agencies in which DHS was ranked worst
among places to work in the executive branch. Poor morale has led to
significant turnover throughout the various agencies that comprise DHS,
and inequitable pay scales have contributed to this problem. This bill
corrects one of those inequities: the bill strips the Department
[[Page H4669]]
of the authority to develop a personnel system different from the
traditional GS schedule Federal model. Workers who perform largely the
same tasks at DHS that are performed at other agencies should not be
paid less for doing the same work. This is a basic issue of fairness,
and I'm glad the bill addresses this issue.
I'm also pleased that the bill requires pay parity for Customs and
Border Protection employees. Our CBP officers often have some of the
most dangerous and thankless jobs in the Federal Government. The fact
that in the past they have not been compensated at the same rate as
other Federal law enforcement officers is an injustice that this bill
remedies. Recruiting and retaining CBP officers who are skilled at
managing the complex and sometimes dangerous task of protecting our
borders must be a national priority. This provision reaffirms that
fact.
This bill also seeks to strengthen and formalize the Department's
roles and relationships with State and local fusion centers. If there
is one complaint I think every member of Congress receives from their
local first responders, it's that information they receive from DHS is
either late in getting to them, irrelevant to their needs, or both. I
have spoken to DHS's Chief Intelligence Officer, Charlie Allen, about
this ongoing problem. He knows there is much more that needs to be done
to improve the information sharing process. What is unclear to me is
whether the Department's senior leadership recognizes the problem.
What DHS needs--but still lacks--is a common intelligence database
that is accessible to State and local law enforcement officials who are
cleared to receive such information. Posting more DHS personnel to
State and local fusion centers will improve the security of localities
in States only if the information being provided through such liaison
officers is timely and relevant.
Finally, I am concerned that DHS continues to flounder in its efforts
to prioritize its science and technology needs.
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield back the balance
of my time.
The Acting CHAIRMAN (Mr. Ross). All time for general debate has
expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 1684
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland
Security Authorization Act for Fiscal Year 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Department of Homeland Security.
TITLE II--POLICY AND MANAGEMENT IMPROVEMENTS
Sec. 201. Establishment of Directorate for Policy.
Sec. 202. Direct line authority for Chief Operating Officers.
Sec. 203. Comprehensive Homeland Security Review.
Sec. 204. Qualifications for the Under Secretary for Management.
Sec. 205. Sense of Congress regarding consolidation of Department
headquarters.
Sec. 206. Required budget line item for office of counternarcotics
enforcement.
Sec. 207. Designation of Office of Counternarcotics Enforcement as
primary Department counternarcotics enforcement
representative.
Sec. 208. Granting line authority to the Assistant Secretary for
Legislative Affairs.
TITLE III--OVERSIGHT IMPROVEMENTS
Sec. 301. Secure border initiative financial accountability.
Sec. 302. Authorization Liaison Officer.
Sec. 303. Office of the Inspector General.
Sec. 304. Congressional notification requirement.
Sec. 305. Sense of Congress regarding oversight of homeland security.
TITLE IV--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS
Sec. 401. Homeland security procurement training.
Sec. 402. Authority to appoint and maintain a cadre of Federal
annuitants for procurement offices.
Sec. 403. Additional requirement to review past performance of
contractors.
Sec. 404. Requirement to disclose foreign ownership or control of
contractors and subcontractors.
Sec. 405. Integrity in contracting.
Sec. 406. Small business utilization report.
Sec. 407. Requirement that uniforms, protective gear, badges, and
identification cards of Homeland Security personnel be
manufactured in the United States.
Sec. 408. Department of Homeland Security Mentor-Protege Program.
Sec. 409. Prohibition on award of contracts and grants to educational
institutions not supporting Coast Guard efforts.
Sec. 410. Report on source of shortfalls at Federal Protective Service.
TITLE V--WORKFORCE AND TRAINING IMPROVEMENTS
Sec. 501. Customs and Border Protection Officer pay equity.
Sec. 502. Plan to improve representation of minorities in various
categories of employment.
Sec. 503. Continuation of authority for Federal law enforcement
training center to appoint and maintain a cadre of
Federal annuitants.
Sec. 504. Authority to appoint and maintain a cadre of Federal
annuitants for Customs and Border Protection.
Sec. 505. Strengthening Border Patrol recruitment and retention.
Sec. 506. Limitation on reimbursements relating to certain detailees.
Sec. 507. Integrity in post-employment.
Sec. 508. Increased security screening of Homeland Security Officials.
Sec. 509. Authorities of Chief Security Officer.
Sec. 510. Departmental culture improvement.
Sec. 511. Homeland security education program enhancements.
Sec. 512. Repeal of chapter 97 of title 5, United States Code.
Sec. 513. Utilization of non-law enforcement Federal employees as
instructors for non-law enforcement classes at the Border
Patrol Training Academy.
TITLE VI--BIOPREPAREDNESS IMPROVEMENTS
Sec. 601. Chief Medical Officer and Office of Health Affairs.
Sec. 602. Improving the material threats process.
Sec. 603. Study on national biodefense training.
Sec. 604. National Biosurveillance Integration Center.
Sec. 605. Risk analysis process and integrated CBRN risk assessment.
Sec. 606. National Bio and Agro-defense Facility.
TITLE VII--HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS
Sec. 701. Cybersecurity and Communications.
Sec. 702. Cybersecurity research and development.
TITLE VIII--SCIENCE AND TECHNOLOGY IMPROVEMENTS
Sec. 801. Report to Congress on strategic plan.
Sec. 802. Centers of Excellence Program.
Sec. 803. National research council study of university programs.
Sec. 804. Streamlining of SAFETY Act and antiterrorism technology
procurement processes.
Sec. 805. Promoting antiterrorism through International Cooperation
Act.
TITLE IX--BORDER SECURITY IMPROVEMENTS
Sec. 901. US-VISIT.
Sec. 902. Shadow Wolves program.
Sec. 903. Cost-effective training for border patrol agents.
Sec. 904. Student and Exchange Visitor Program.
Sec. 905. Assessment of resources necessary to reduce crossing times at
land ports of entry.
Sec. 906. Biometric identification of unauthorized aliens.
Sec. 907. Report by Government Accountability Office regarding policies
and procedures of the Border Patrol.
TITLE X--INFORMATION SHARING IMPROVEMENTS
Sec. 1001. State and local fusion center program.
Sec. 1002. Fusion Center Privacy and Civil Liberties Training Program.
Sec. 1003. Authority to appoint and maintain a cadre of Federal
annuitants for the Office of Information Analysis.
TITLE XI--MISCELLANEOUS PROVISIONS
Sec. 1101. Eligible uses for interoperability grants.
Sec. 1102. Rural homeland security training initiative.
Sec. 1103. Critical infrastructure study.
Sec. 1104. Terrorist watch list and immigration status review at high-
risk critical infrastructure.
Sec. 1105. Authorized use of surplus military vehicles.
Sec. 1106. Computer capabilities to support real-time incident
management.
Sec. 1107. Expenditure reports as a condition of homeland security
grants.
Sec. 1108. Encouraging use of computerized training aids.
Sec. 1109. Protection of name, initials, insignia, and departmental
seal.
Sec. 1110. Report on United States Secret Service approach to sharing
unclassified, law enforcement sensitive information with
Federal, State, and local partners.
Sec. 1111. Report on United States Secret Service James J. Rowley
Training Center.
Sec. 1112. Metropolitan Medical Response System Program.
Sec. 1113. Identity fraud prevention grant program.
Sec. 1114. Technical corrections.
Sec. 1115. Citizen Corps.
[[Page H4670]]
Sec. 1116. Report regarding Department of Homeland Security
implementation of Comptroller General and Inspector
General recommendations regarding protection of
agriculture.
Sec. 1117. Report regarding levee system.
Sec. 1118. Report on Force Multiplier Program.
Sec. 1119. Eligibility of State judicial facilities for State homeland
security grants.
Sec. 1120. Authorization of Homeland Security Functions of the United
States Secret Service.
Sec. 1121. Data sharing.
TITLE XII--MARITIME ALIEN SMUGGLING
Sec. 1201. Short title.
Sec. 1202. Congressional declaration of findings.
Sec. 1203. Definitions.
Sec. 1204. Maritime alien smuggling.
Sec. 1205. Seizure or forfeiture of property.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. DEPARTMENT OF HOMELAND SECURITY.
There is authorized to be appropriated to the Secretary of
Homeland Security for the necessary expenses of the
Department of Homeland Security for fiscal year 2008,
$39,863,000,000.
TITLE II--POLICY AND MANAGEMENT IMPROVEMENTS
SEC. 201. ESTABLISHMENT OF DIRECTORATE FOR POLICY.
(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by striking sections 401
through 403 and inserting the following:
``SEC. 401. DIRECTORATE FOR POLICY.
``(a) Establishment.--There is in the Department a
Directorate for Policy. The Directorate for Policy shall
contain each of the following:
``(1) The Office of the Private Sector, which shall be
administered by an Assistant Secretary for the Private
Sector.
``(2) The Victim Assistance Officer.
``(3) The Tribal Security Officer.
``(4) The Border Community Liaison Officer.
``(5) Such other offices as considered necessary by the
Under Secretary for Policy.
``(b) Under Secretary for Policy.--
``(1) In general.--The head of the Directorate is the Under
Secretary for Policy, who shall be appointed by the
President, with the advice and consent of the Senate.
``(2) Qualifications.--No individual shall be appointed to
the position of Under Secretary for Policy under paragraph
(1) unless the individual has, by education and experience,
demonstrated knowledge, ability, and skill in the fields of
policy and strategic planning.
``(3) Responsibilities.--Subject to the direction and
control of the Secretary, the responsibilities of the Under
Secretary for Policy shall be as follows:
``(A) To serve as the principal policy advisor to the
Secretary.
``(B) To provide overall direction and supervision of
policy development for the programs, offices, and activities
of the Department.
``(C) To ensure that the budget of the Department
(including the development of future year budgets and
interaction with the Office of Management and Budget and with
Congress) is compatible with the statutory and regulatory
responsibilities of the Department and with the Secretary's
priorities, strategic plans, and policies.
``(D) To conduct long-range, strategic planning for the
Department, including overseeing the Comprehensive Homeland
Security Review established in section 203.
``(E) To carry out such other responsibilities as the
Secretary may determine are appropriate.''.
(b) Ensuring Consideration of the Needs of Children.--
(1) In general.--The Under Secretary for Policy of the
Department of Homeland Security, acting through the Assistant
Secretary for the Office of Policy and Development, shall
ensure that all departmental policies, programs, and
activities appropriately consider the needs of and impact
upon children.
(2) Specific functions.--The Under Secretary for Policy
shall--
(A) coordinate with other Federal Departments and agencies
to ensure that the needs of children, schools, and other
child-centered facilities are sufficiently understood and
incorporated into Federal, State, local, and tribal
preparedness, response, and recovery plans and activities for
terrorist attacks, major disasters, and other emergencies
(including those involving chemical, biological,
radiological, nuclear, or other explosive weapons), or other
manmade disasters;
(B) coordinate with the Office of Grants within the Federal
Emergency Management Agency to monitor the use of homeland
securtity grants by State, local, or tribal agencies to
support emergency preparedness activities for children,
schools, and other child-centered facilities, and make
recommendations to improve the effectiveness of such funding;
(C) review public awareness programs and screening policies
by departmental entities, including security screening at
airports, and ensure that such policies consider the needs
and well-being of children; and
(D) ensure that all other departmental activities that
affect children include consideration of the needs of
children and that relevant agencies of the Department
coordinate on this matter where appropriate.
(3) Report to congress.--One year after the date of the
enactment of this subsection and on an annual basis
thereafter, the Under Secretary for Policy shall report to
the Committee on Homeland Security of the House of
Representatives and to the Committee on Homeland Security and
Governmental Affairs of the Senate on activities undertaken
pursuant to this subsection and the resulting improvement in
security for children, schools, and other child-centered
facilities.
(c) Conforming Amendments.--Such Act is further amended--
(1) by striking the heading for title IV and inserting the
following:
``TITLE IV--DIRECTORATE FOR POLICY'';
(2) by striking the heading for subtitle A of title IV and
inserting the following:
``Subtitle A--Under Secretary for Policy'';
(3) in section 103(a)(3), by striking ``for Border and
Transportation Security'' and inserting ``for Policy'';
(4) in section 102(f)(9), by striking ``the Directorate of
Border and Transportation Security'' and inserting ``United
States Customs and Border Protection'';
(5) in section 411(a), by striking ``under the authority of
the Under Secretary for Border and Transportation
Security,'';
(6) in section 430--
(A) in subsection (a)--
(i) by striking ``The'' and inserting ``There is in the
Department an''; and
(ii) by striking ``shall be'' and all that follows through
``Security'';
(B) in subsection (b), by striking the second sentence; and
(C) by striking subsection (d).
(7) in section 441, by striking ``Under Secretary for
Border and Transportation Security'' and inserting
``Secretary'';
(8) in section 442(a)--
(A) in paragraph (2), by striking
``who--'' and all that follows through ``(B) shall'' and
inserting ``who shall''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``Under Secretary for
Border and Transportation Security'' each place it appears
and inserting ``Secretary''; and
(ii) in subparagraph (C), by striking ``Border and
Transportation Security'' and inserting ``Policy'';
(9) in section 443, by striking ``The Under Secretary for
Border and Transportation Security'' and inserting ``Subject
to the direction and control of the Secretary, the Deputy
Secretary'';
(10) in section 444, by striking ``The Under Secretary for
Border and Transportation Security'' and inserting ``Subject
to the direction and control of the Secretary, the Deputy
Secretary'';
(11) in section 472(e), by striking ``or the Under
Secretary for Border and Transportation Security''; and
(12) in section 878(e), by striking ``the Directorate of
Border and Transportation Security'' and inserting ``United
States Customs and Border Protection, Immigration and Customs
Enforcement''.
(d) Clerical Amendments.--The table of contents in section
1(b) of such Act is amended--
(1) by striking the item relating to title IV and inserting
the following:
``TITLE IV--DIRECTORATE FOR POLICY'';
and
(2) by striking the items relating to subtitle A of title
IV and inserting the following:
``Subtitle A--Under Secretary for Policy
``Sec. 401. Directorate for Policy.''.
SEC. 202. DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end
the following new section:
``SEC. 707. CHIEF OPERATING OFFICERS.
``(a) In General.--The Chief Operating Officers of the
Department include the following officials of the Department:
``(1) The Chief Financial Officer.
``(2) The Chief Procurement Officer.
``(3) The Chief Information Officer.
``(4) The Chief Human Capital Officer.
``(5) The Chief Administrative Officer.
``(6) The Chief Security Officer.
``(b) Delegation.--The Secretary shall delegate to each
Chief Operating Officer direct authority over that Officer's
counterparts in component agencies to ensure that the
component agencies adhere to the laws, rules, regulations,
and departmental policies for which such Officer is
responsible for implementing. In coordination with the head
of the relevant component agency, such authorities shall
include, with respect to the Officer's counterparts within
component agencies of the Department, the following:
``(1) The authority to direct the activities of personnel.
``(2) The authority to direct planning, operations, and
training.
``(3) The authority to direct the budget and other
financial resources.
``(c) Coordination With Heads of Component Agencies.--In
reporting to a Chief Operating Officer of the Department as
required under subsection (b), a Chief Operating Officer of a
component agency shall coordinate with the head of that
component agency.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 706 the following:
``Sec. 707. Chief Operating Officers.''.
SEC. 203. COMPREHENSIVE HOMELAND SECURITY REVIEW.
(a) Comprehensive Homeland Security Review.--Subtitle A of
title IV of the Homeland Security Act of 2002 is further
amended by adding at the end the following:
``SEC. 402. COMPREHENSIVE HOMELAND SECURITY REVIEW.
``(a) Requirement To Conduct Reviews.--The Secretary,
acting through the Under Secretary for Policy, shall conduct
a comprehensive
[[Page H4671]]
examination of the Department, to be known as the
Comprehensive Homeland Security Review. The Secretary shall
conduct the first such review in fiscal year 2009, and shall
conduct a subsequent review in the first fiscal year in which
there begins the first presidential term of a new
presidential administration.
``(b) Purpose of Review.--In each Comprehensive Homeland
Security Review, the Secretary shall--
``(1) include a Department of Homeland Security Strategy
that is consistent with the most recent National Strategy for
Homeland Security prescribed by the President;
``(2) define sufficient personnel and appropriate
organizational structure and other requirements necessary for
the successful execution of the full range of missions called
for in the Department of Homeland Security Strategy; and
``(3) identify a budget plan, acquisition strategy,
procurement process, and any other resources, that are
necessary to provide sufficient resources for the successful
execution of the full range of missions called for in the
Department of Homeland Security Strategy.
``(c) Conduct of Review.--
``(1) Consultation required.--The Secretary shall conduct
each review required under subsection (a) in consultation
with key officials of the Department, including the Assistant
Secretary of the Transportation Security Administration, the
Commissioner of United States Customs and Border Protection,
the Director of United States Citizenship and Immigration
Services, the Assistant Secretary for Immigration and Customs
Enforcement, the Director of the United States Secret
Service, the Administrator of the Federal Emergency
Management Agency, the Director of the Federal Law
Enforcement Training Center, and the Commandant of the Coast
Guard.
``(2) Relationship with future years homeland security
program.--The Secretary shall ensure that each review
conducted under this section is consistent with the Future
Years Homeland Security Program required under section 874.
``(d) Report to Congress and the President.--
``(1) Report.--The Secretary shall submit to the Committee
on Homeland Security of the House of Representatives, to the
Committee on Homeland Security and Governmental Affairs of
the Senate, and to the President a report on each
Comprehensive Homeland Security Review. Each such report
shall be submitted during the fiscal year following the
fiscal year in which the review is conducted, but not later
than the date on which the President submits to Congress the
budget under section 1105(a) of title 31, United States Code,
for the fiscal year following the fiscal year in which the
report is to be submitted.
``(2) Contents.--Each such report shall include the
following, with a focus on reducing and managing risk and in
preparing for, mitigating against, responding to, and
recovering from terrorist attacks, major disasters, and other
emergencies:
``(A) A comprehensive assessment of the level of alignment
between the Department of Homeland Security Strategy and the
human resources, infrastructure, assets, and organizational
structure of the Department.
``(B) An explanation of any and all underlying assumptions
used in conducting the Review.
``(C) The human resources requirements and response
capabilities of the Department as they relate to the risks of
terrorist attacks, major disasters, and other emergencies.
``(D) The strategic and tactical air, border sea, and land
capabilities and requirements to support the Department of
Homeland Security Strategy.
``(E) The nature and appropriateness of homeland security
operational capabilities, including operational scientific
and technical resources and capabilities and the anticipated
effects on the human resources capabilities, costs,
efficiencies, resources, and planning of the Department of
any technology or operational capabilities anticipated to be
available during the years subsequent to the Review.
``(F) Any other matter the Secretary considers appropriate
to include in the Review.
``(3) Deadline for initial report.--Notwithstanding
paragraph (1), the Secretary shall submit the first Report
required under subsection (a) not later than September 30,
2010.
``(e) Preparations for Fiscal Year 2008 Review.--In fiscal
year 2008, the Under Secretary for Policy shall make all
preparations for the conduct of the first Comprehensive
Homeland Security Review in fiscal year 2009, including--
``(1) determining the tasks to be performed;
``(2) estimating the human, financial, and other resources
required to perform each task;
``(3) establishing the schedule for the execution of all
project tasks;
``(4) ensuring that these resources will be available as
needed; and
``(5) all other preparations considered necessary by the
Under Secretary.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 401 the following:
``Sec. 402. Comprehensive Homeland Security Review.''.
SEC. 204. QUALIFICATIONS FOR THE UNDER SECRETARY FOR
MANAGEMENT.
(a) Qualifications.--Section 701 of the Homeland Security
Act of 2002 (6 U.S.C. 341) is amended by adding at the end
the following:
``(c) Qualifications.--The Under Secretary for Management
shall have all of the following qualifications:
``(1) Extensive executive level leadership and management
experience in the public or private sector.
``(2) Strong leadership skills.
``(3) A demonstrated ability to manage large and complex
organizations.
``(4) A proven record of achieving positive operational
results.''.
(b) Deadline for Appointment; Incumbent.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Homeland Security shall name an individual who
meets the qualifications of section 701 of the Homeland
Security Act (6 U.S.C. 341), as amended by subsection (a), to
serve as the Under Secretary for Management. The Secretary
may submit the name of the individual who serves in the
position of Under Secretary for Management of the Department
of Homeland Security on the date of enactment of this Act
together with a statement the informs the Congress that the
individual meets the qualifications of such section as so
amended.
SEC. 205. SENSE OF CONGRESS REGARDING CONSOLIDATION OF
DEPARTMENT HEADQUARTERS.
(a) Findings.--Congress finds that--
(1) the Department of Homeland Security and its component
headquarters facilities are currently scattered widely
throughout the National Capital Region (NCR);
(2) this geographic dispersal disrupts the Department's
ability to operate in an efficient manner, and could impair
its ability to prevent, deter, prepare for, and respond to a
terrorist attack, major disaster, or other emergencies;
(3) the Government Accountability Office continues to list
``Implementing and Transforming the Department of Homeland
Security'' on its ``High Risk list'';
(4) consolidating the Department's headquarters and
component facilities, to the greatest extent practicable,
would be an important step in facilitating the transformation
and integration of the Department; and
(5) the President has provided funding for Department
consolidation in the fiscal year 2008 budget, and has
determined that the only site under the control of the
Federal Government and in the NCR with the size, capacity,
and security features to meet the Department of Homeland
Security's minimum consolidation needs as identified in the
Department of Homeland Security NCR Housing Master Plan
submitted to Congress on October 24, 2006, is the West Campus
of St. Elizabeths Hospital in the District of Columbia.
(b) Sense of Congress.--It is the sense of Congress that
the consolidation of the Department and its key component
headquarters on the West Campus of St. Elizabeths Hospital,
to the maximum extent practicable consistent with the
Department's Housing Plan as submitted to Congress in October
2006, should move forward as expeditiously as possible with
all the agencies involved in this effort bearing those costs
for which they are responsible.
SEC. 206. REQUIRED BUDGET LINE ITEM FOR OFFICE OF
COUNTERNARCOTICS ENFORCEMENT.
In each fiscal year budget request for the Department of
Homeland Security, the Secretary of Homeland Security shall
include a separate line item for the fiscal year for
expenditures by the Office of Counternarcotics Enforcement of
the Department of Homeland Security.
SEC. 207. DESIGNATION OF OFFICE OF COUNTERNARCOTICS
ENFORCEMENT AS PRIMARY DEPARTMENT
COUNTERNARCOTICS ENFORCEMENT REPRESENTATIVE.
Section 878(d)(5) of the Homeland Security Act of 2002 (6
U.S.C. 458(d)(5)) is amended by striking ``to be a
representative'' and inserting ``to be the primary
representative''.
SEC. 208. GRANTING LINE AUTHORITY TO THE ASSISTANT SECRETARY
FOR LEGISLATIVE AFFAIRS.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341) is further amended by adding at the end the following:
``(d) Authority of the Assistant Secretary for Legislative
Affairs Over Departmental Counterparts.--
``(1) In general.--The Secretary for the Department shall
ensure that the Assistant Secretary for Legislative Affairs
has adequate authority over his or her respective
counterparts in component agencies of the Department to
ensure that such component agencies adhere to the laws,
rules, regulations, and departmental policies that the
Assistant Secretary for Legislative Affairs is responsible
for implementing.
``(2) Included authorities.--The authorities of the
Assistant Secretary for Legislative Affairs shall include,
with respect to the counterparts in component agencies of the
Department, the following:
``(A) The authority to direct the activities of personnel
responsible for any of the following:
``(i) Making recommendations regarding the hiring,
termination, and reassignment of individuals.
``(ii) Developing performance measures.
``(iii) Submitting written performance evaluations during
the performance evaluation process that shall be considered
in performance reviews, including recommendations for
bonuses, pay raises, and promotions.
``(iv) 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 Assistant Secretary for Legislative Affairs
or makes substantial progress towards meeting the specified
goal.
``(B) The authority to direct planning, operations, and
training.
``(C) The authority to direct the budget and other
financial resources.''.
[[Page H4672]]
TITLE III--OVERSIGHT IMPROVEMENTS
SEC. 301. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General.--The Inspector General of the Department of
Homeland Security shall review each contract action related
to the Department's Secure Border Initiative having a value
greater than $20,000,000, to determine whether each such
action fully complies with applicable cost requirements,
performance objectives, program milestones, inclusion of
small, minority, and women-owned business, and timelines. The
Inspector General shall complete a review under this
subsection with respect to a contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Report by Inspector General.--Upon completion of each
review required under subsection (a), the Inspector General
shall submit to the Secretary of Homeland Security a report
containing the findings of the review, including findings
regarding any cost overruns, significant delays in contract
execution, lack of rigorous departmental contract management,
insufficient departmental financial oversight, bundling that
limits the ability of small business to compete, or other
high risk business practices.
(c) Report by Secretary.--Not later than 30 days after the
receipt of each report required under subsection (b), the
Secretary of Homeland Security shall submit to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on the findings of the report by the
Inspector General and the steps the Secretary has taken, or
plans to take, to address the findings in such report.
(d) Authorization of Appropriations.--There are authorized
to be appropriated for the Office of the Inspector General of
the Department of Homeland Security to carry out enhanced
oversight of the Secure Border Initiative--
(1) for fiscal year 2008, of the amount authorized by
section 101 and in addition to the amount authorized by
section 303, $5,500,000;
(2) for fiscal year 2009, at least 6 percent of the overall
budget of the Office for that fiscal year; and
(3) for fiscal year 2010, at least 7 percent of the overall
budget of the Office for that fiscal year.
(e) Action by Inspector General.--In the event the
Inspector General becomes aware of any improper conduct or
wrongdoing in accordance with the contract review required
under subsection (a), the Inspector General shall, as
expeditiously as practicable, refer to the Secretary of
Homeland Security or other appropriate official in the
Department of Homeland Security information related to such
improper conduct or wrongdoing for purposes of evaluating
whether to suspend or debar the contractor.
SEC. 302. AUTHORIZATION LIAISON OFFICER.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C.
342) is amended by adding at the end the following:
``(d) Authorization Liaison Officer.--
``(1) In general.--The Chief Financial Officer shall
establish the position of Authorization Liaison Officer to
provide timely budget and other financial information to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate. The Authorization Liaison
Officer shall report directly to the Chief Financial Officer.
``(2) Submission of reports to congress.--The Authorization
Liaison Officer shall coordinate with the Appropriations
Liaison Officer within the Office of the Chief Financial
Officer to ensure, to the greatest extent possible, that all
reports prepared for the Committees on Appropriations of the
House of Representatives and the Senate are submitted
concurrently to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.''.
SEC. 303. OFFICE OF THE INSPECTOR GENERAL.
Of the amount authorized by section 101, there is
authorized to be appropriated to the Secretary of Homeland
Security $108,500,000 for fiscal year 2008 for operations of
the Office of the Inspector General of the Department of
Homeland Security.
SEC. 304. CONGRESSIONAL NOTIFICATION REQUIREMENT.
(a) In General.--Title I of the Homeland Security Act of
2002 (6 U.S.C. 111 et seq.) is amended by adding at the end
the following:
``SEC. 104. CONGRESSIONAL NOTIFICATION.
``(a) In General.--The Secretary shall actively consult
with the congressional homeland security committees, and
shall keep such committees fully and currently informed with
respect to all activities and responsibilities within the
jurisdictions of these committees.
``(b) Relationship to Other Law.--Nothing in this section
affects the requirements of section 872. The requirements of
this section supplement, and do not replace, the requirements
of that section.
``(c) Classified Notification.--The Secretary may submit
any information required by this section in classified form
if the information is classified pursuant to applicable
national security standards.
``(d) Savings Clause.--This section shall not be construed
to limit or otherwise affect the congressional notification
requirements of title V of the National Security Act of 1947
(50 U.S.C. 413 et seq.), insofar as they apply to the
Department.
``(e) Definition.--As used in this section, the term
`congressional homeland security committees' means the
Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Committee on Appropriations of the Senate.''.
(b) Conforming Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such title the following:
``Sec. 104. Congressional notification.''.
(c) Coast Guard Mission Review Report.--Section 888(f)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 468(f)(2)) is
amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F) respectively; and
(2) by striking subparagraph (A) and inserting the
following:
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Homeland Security of the House of
Representatives;''.
SEC. 305. SENSE OF CONGRESS REGARDING OVERSIGHT OF HOMELAND
SECURITY.
It is the sense of the Congress that the House of
Representatives and the Senate should implement the
recommendation of the National Commission on Terrorist
Attacks Upon the United States to designate a committee in
each body to serve as the single, principal point of
oversight and review for homeland security and to authorize
the activities of the Department of Homeland Security.
TITLE IV--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS
SEC. 401. HOMELAND SECURITY PROCUREMENT TRAINING.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 is amended by adding at the end the
following new section:
``SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING.
``(a) Provision of Training.--The Chief Procurement Officer
shall provide homeland security procurement training to
acquisition employees.
``(b) Responsibilities of Chief Procurement Officer.--The
Chief Procurement Officer shall carry out the following
responsibilities:
``(1) Establish objectives to achieve the efficient and
effective use of available acquisition resources by
coordinating the acquisition education and training programs
of the Department and tailoring them to support the careers
of acquisition employees.
``(2) Develop, in consultation with the Council on
Procurement Training established under subsection (d), the
curriculum of the homeland security procurement training to
be provided.
``(3) Establish, in consultation with the Council on
Procurement Training, training standards, requirements, and
courses to be required for acquisition employees.
``(4) Establish an appropriate centralized mechanism to
control the allocation of resources for conducting such
required courses and other training and education.
``(5) Select course providers and certify courses to ensure
that the procurement training curriculum supports a coherent
framework for the educational development of acquisition
employees, including the provision of basic, intermediate,
and advanced courses.
``(6) Publish an annual catalog that includes a list of the
acquisition education and training courses.
``(7) Develop a system of maintaining records of student
enrollment, and other data related to students and courses
conducted pursuant to this section.
``(c) Eligibility for Training.--An acquisition employee of
any entity under subsection (d)(3) may receive training
provided under this section. The appropriate member of the
Council on Procurement Training may direct such an employee
to receive procurement training.
``(d) Council on Procurement Training.--
``(1) Establishment.--The Secretary shall establish a
Council on Procurement Training to advise and make policy and
curriculum recommendations to the Chief Procurement Officer.
``(2) Chair of council.--The chair of the Council on
Procurement Training shall be the Deputy Chief Procurement
Officer.
``(3) Members.--The members of the Council on Procurement
Training are the chief procurement officers of each of the
following:
``(A) United States Customs and Border Protection.
``(B) The Transportation Security Administration.
``(C) The Office of Procurement Operations.
``(D) The Bureau of Immigration and Customs Enforcement.
``(E) The Federal Emergency Management Agency.
``(F) The Coast Guard.
``(G) The Federal Law Enforcement Training Center.
``(H) The United States Secret Service.
``(I) Such other entity as the Secretary determines
appropriate.
``(e) Acquisition Employee Defined.--For purposes of this
section, the term `acquisition employee' means an employee
serving under a career or career-conditional appointment in
the competitive service or appointment of equivalent tenure
in the excepted service of the Federal Government, at least
50 percent of whose assigned duties include acquisitions,
procurement-related program management, or procurement-
related oversight functions.
``(f) Report Required.--Not later than March 1 of each
year, the Chief Procurement Officer shall submit to the
Secretary a report on the procurement training provided under
this section, which shall include information about student
enrollment, students who enroll but do
[[Page H4673]]
not attend courses, graduates, certifications, and other
relevant information.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such subtitle the following:
``Sec. 836. Homeland security procurement training.''.
SEC. 402. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF
FEDERAL ANNUITANTS FOR PROCUREMENT OFFICES.
(a) Definitions.--For purposes of this section--
(1) the term ``procurement office'' means the Office of
Procurement Operations and any other procurement office
within any agency or other component of the Department;
(2) the term ``annuitant'' means an annuitant under a
Government retirement system;
(3) the term ``Government retirement system'' has the
meaning given such term by section 501(a); and
(4) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code.
(b) Appointment Authority.--The Secretary (acting through
the Chief Procurement Officer) may, for the purpose of
supporting the Department's acquisition capabilities and
enhancing contract management throughout the Department,
appoint annuitants to positions in procurement offices in
accordance with succeeding provisions of this section.
(c) Noncompetitive Procedures; Exemption From Offset.--An
appointment made under subsection (b) shall not be subject to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and any annuitant
serving pursuant to such an appointment shall be exempt from
sections 8344 and 8468 of such title 5 (relating to annuities
and pay on reemployment) and any other similar provision of
law under a Government retirement system.
(d) Limitations.--No appointment under subsection (b) may
be made if such appointment would result in the displacement
of any employee or would cause the total number of positions
filled by annuitants appointed under such subsection to
exceed 250 as of any time (determined on a full-time
equivalent basis).
(e) Rule of Construction.--An annuitant as to whom an
exemption under subsection (c) is in effect shall not be
considered an employee for purposes of any Government
retirement system.
(f) Termination.--Upon the expiration of the 5-year period
beginning on the date of the enactment of this Act--
(1) any authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
SEC. 403. ADDITIONAL REQUIREMENT TO REVIEW PAST PERFORMANCE
OF CONTRACTORS.
(a) In General.--Such subtitle is further amended by adding
at the end the following new section:
``SEC. 837. REVIEW OF CONTRACTOR PAST PERFORMANCE.
``(a) Consideration of Contractor Past Performance.--In
awarding a contract to a contractor, the Secretary shall
consider the past performance of that contractor based on the
review conducted under subsection (b).
``(b) Review Required.--Before awarding to a contractor
(including a contractor that has previously provided goods or
services to the Department) a contract to provide goods or
services to the Department, the Secretary, acting through the
appropriate contracting officer of the Department, shall
require the contractor to submit information regarding the
contractor's performance of Federal, State, and local
government and private sector contracts.
``(c) Contact of Relevant Officials.--As part of any review
of a contractor conducted under subsection (b), the
Secretary, acting through an appropriate contracting officer
of the Department, shall contact the relevant official who
administered or oversaw each contract performed by that
contractor during the five-year period preceding the date on
which the review begins.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such subtitle the following:
``Sec. 837. Review of contractor past performance.''.
SEC. 404. REQUIREMENT TO DISCLOSE FOREIGN OWNERSHIP OR
CONTROL OF CONTRACTORS AND SUBCONTRACTORS.
(a) Compliance With Buy American Act.--With respect to any
procurement of goods or services by the Department of
Homeland Security, the Chief Procurement Officer of the
Department shall conduct an independent review of the
procurement to ensure that it complies with all relevant
provisions of the Buy American Act (41 U.S.C. 10a et seq.).
(b) Foreign Ownership or Control of Contractors and
Subcontractors.--
(1) Disclosure of information.--With respect to any
procurement of goods or services by the Department of
Homeland Security, the Secretary of Homeland Security shall
require an offeror or prospective offeror to disclose whether
the offeror or any prospective subcontractor (at any tier) is
owned or controlled by a foreign person. The Secretary shall
require all offerors, prospective offerors, and contractors
to update the disclosure at any time before award of the
contract or during performance of the contract, if the
information provided becomes incorrect because of a change of
ownership, a change in subcontractors, or for any other
reason.
(2) Foreign ownership or control.--In this subsection:
(A) The term ``owned or controlled by a foreign person'',
with respect to an offeror, contractor, or subcontractor,
means that a foreign person owns or controls, directly or
indirectly, 50 percent or more of the voting stock or other
ownership interest in the offeror, contractor, or
subcontractor.
(B) The term ``foreign person'' means any of the following:
(i) A foreign government.
(ii) A corporation organized under the laws of a foreign
country.
(iii) An individual who is not a citizen of the United
States.
(3) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall promulgate regulations to carry out this subsection.
SEC. 405. INTEGRITY IN CONTRACTING.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is further
amended by adding at the end the following:
``SEC. 838. INTEGRITY IN CONTRACTING.
``(a) Attestation Required.--The Secretary shall require
any offeror for any contract to provide goods or services to
the Department to submit as part of the offeror's bid for
such contract an attestation that affirmatively discloses any
substantial role the offeror, the employees of the offeror,
or any corporate parent or subsidiary of the offeror may have
played in creating a solicitation, request for proposal,
statement of work, or statement of objectives (as those terms
are defined in the Federal Acquisition Regulation) for the
Department.
``(b) Additional Requirements for Certain Offerors.--If an
offeror submits an attestation under subsection (a) that
discloses that the offeror, an employee of the offeror, or
any corporate parent or subsidiary of the offeror played a
substantial role in creating a solicitation, request for
proposal, statement of work, or statement of objectives for
the Department, the Secretary shall require the offeror to
submit to the Secretary a description of the safeguards used
to ensure that precautions were in place to prevent the
offeror from receiving information through such role that
could be used to provide the offeror an undue advantage in
submitting an offer for a contract.
``(c) Certification Requirements.--
``(1) In general.--The Secretary shall require any offeror
for any contract to provide goods or services to the
Department to submit to the Secretary as part of the
offeror's bid for such contract a certification in writing
whether, as of the date on which the certification is
submitted, the offeror--
``(A) is in default on any payment of any tax to the
Federal Government; or
``(B) owes the Federal Government for any payment of any
delinquent tax.
``(2) Failure of certification.--Nothing in this section
shall prevent the Department from awarding a contract to an
offeror based solely on the offeror's certification.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is further amended by adding at the end of
the items relating to such subtitle the following:
``Sec. 838. Integrity in contracting.''.
SEC. 406. SMALL BUSINESS UTILIZATION REPORT.
(a) Report.--Not later than 360 days after the date of the
enactment of this Act, the Chief Procurement Officer of the
Department of Homeland Security shall submit to the Secretary
of Homeland Security, the Committee on Homeland Security of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
that--
(1) identifies each component of the Department for which
the aggregate value of contracts awarded in fiscal year 2006
by the component to qualified HUBZone small business concerns
and small business concerns owned and controlled by service-
disabled veterans was less than 3 percent of the total value
of all contracts awarded under the component for that fiscal
year; and
(2) identifies each component of the Department for which
the aggregate value of contracts awarded in fiscal year 2006
by the component to socially or economically disadvantaged
small business concerns, including 8(a) small business
concerns, and small business concerns owned and controlled by
women was less than 5 percent of the total value of all
contracts awarded by the component for that fiscal year.
(b) Action Plan.--
(1) Action plan required.--Not later than 90 days after the
date of the submission of the report required under
subsection (a), the Chief Procurement Officer, in
consultation with Office of Small and Disadvantaged
Businesses Utilization of the Department, shall for each
component identified under subsection (a)(1) and (a)(2),
develop, submit to the Committees referred to in subsection
(a), and begin implementing an action plan for achieving the
objective described in subsection (b)(2). An action plan is
not required if the component meets or exceeds the objective
described in subsection (b)(2).
(2) Identification of barriers.--Each action plan shall
identify and describe any barriers to achieving the
objectives of awarding by the component, for a fiscal year,
contracts having an aggregate value of at least 3 percent of
the total value of all contracts awarded by the component for
the fiscal year to small business concerns identified under
subsection (a)(1) and 5 percent of the total value of all
contracts awarded by the component for the fiscal year to
small business concerns identified under subsection (a)(2).
(3) Performance measures and timetable.--Each action plan
submitted under paragraph (1) shall include performance
measures and a timetable for compliance and achievement of
the objectives described in paragraph (2).
(c) Priority Consideration.--
[[Page H4674]]
(1) In general.--The Chief Procurement Officer may give
priority consideration to small business concerns for all
open market procurements exceeding the simplified acquisition
threshold prior to initiating full and open, or unrestricted,
competition.
(2) Order of priority.--In proceeding with priority
consideration under paragraph (1), the Chief Procurement
Officer shall consider contracting proposals in the following
order:
(A) Proposals submitted by 8(a) small business concerns or
HUBZone small business concerns; service-disabled veteran
owned small business concerns; or women owned small business
concerns.
(B) Proposals submitted by other small business concerns.
(C) Proposals submitted under full and open competition.
(3) For purposes of carrying out paragraph (2) with respect
to proposals submitted by small business concerns described
in the same subparagraph of paragraph (2), the Chief
Procurement Officer shall select the appropriate category of
concern based on market research, historical data, and
progress toward achieving the objective described in
subsection (b)(2).
(d) Definitions.--For purposes of this section, the terms
``small business concern'', ``socially or economically
disadvantaged small business concern'', ``women owned small
business concern'', ``small business concern owned and
controlled by service-disabled veterans'', ``8(a) small
business concerns'', and ``qualified HUBZone small business
concern'' have the meanings given such terms under the Small
Business Act (15 U.S.C. 631 et seq.).
SEC. 407. REQUIREMENT THAT UNIFORMS, PROTECTIVE GEAR, BADGES,
AND IDENTIFICATION CARDS OF HOMELAND SECURITY
PERSONNEL BE MANUFACTURED IN THE UNITED STATES.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is further
amended by adding at the end the following new section:
``SEC. 839. REQUIREMENT THAT CERTAIN ARTICLES PROCURED FOR
DEPARTMENT PERSONNEL BE MANUFACTURED IN THE
UNITED STATES.
``(a) Requirement.--Except as provided in section (c),
funds appropriated or otherwise available to the Department
may not be used for the procurement of an article described
in section (b) if the item is not manufactured in the United
States.
``(b) Covered Articles.--An article referred to in
subsection (a) is any of the following articles procured for
personnel of the Department:
``(1) Uniforms.
``(2) Protective gear.
``(3) Badges or other insignia indicating the rank, office,
or position of personnel.
``(4) Identification cards.
``(c) Availability Exception.--Subsection (a) does not
apply to the extent that the Secretary determines that
satisfactory quality and sufficient quantity of the article
cannot be procured as and when needed at United States market
prices. If such a determination is made with respect to an
article, the Secretary shall--
``(1) notify the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate within 7 days
after making the determination; and
``(2) include in that notification a certification that
manufacturing the article outside the United States does not
pose a risk to the national security of the United States, as
well as a detailed explanation of the steps any facility
outside the United States that is manufacturing the article
will be required to take to ensure that the materials,
patterns, logos, designs, or any other element used in or for
the article are not misappropriated.
``(d) Other Exceptions.--Subsection (a) does not apply--
``(1) to acquisitions at or below the micro-purchase
threshold (as defined in section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428)); and
``(2) to acquisitions outside the United States for use
outside of the United States.
``(e) Use of Domestic Textiles.--For fiscal year 2008 and
each subsequent fiscal year, the Secretary shall take all
available steps to ensure that, to the maximum extent
practicable, the items described in subsection (b) procured
by the Department are manufactured using domestic textiles.
``(f) Relationship to Waiver Under Trade Agreements Act of
1979.--Subsection (a) shall apply notwithstanding any waiver
under section 301 of the Trade Agreements Act of 1979 (19
U.S.C. 2511).''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding at the end of the items relating to such subtitle the
following new item:
``Sec. 839. Requirement that certain articles procured for Department
personnel be manufactured in the United States.''.
(c) Applicability.--The amendments made by this section
take effect 120 days after the date of the enactment of this
Act and apply to any contract entered into on or after that
date for the procurement of items to which such amendments
apply.
SEC. 408. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE
PROGRAM.
(a) Establishment.--The Secretary of Homeland Security
shall establish within the Department of Homeland Security's
Office of Small and Disadvantaged Business Utilization a
Mentor-Protege Program, which shall motivate and encourage
prime contractors that are large businesses to provide
developmental assistance to small business concerns, small
business concerns owned and controlled by veterans, small
business concerns owned and controlled by service-disabled
veterans, HUBZone small business concerns, small business
concerns owned by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women.
(b) Participation by Contractors and Offerors.--The
Secretary shall take affirmative steps to publicize and to
ensure that Department contractors and offerors are fully
aware of and are participating in the Mentor-Protege Program,
including that their efforts to seek and develop a formal
Mentor-Protege relationship will be a factor in the
evaluation of bids or offers for Department contracts.
(c) Factor in Evaluation of Offers.--When evaluating the
offer of a contractor, the Department of Homeland Security
shall consider that offeror's efforts to seek and develop a
formal Mentor-Protege relationship under the Mentor-Protege
Program.
(d) Review by Inspector General.--The Inspector General of
the Department of Homeland Security shall conduct a review of
the Mentor-Protege Program. Such review shall include--
(1) an assessment of the program's effectiveness;
(2) identification of any barriers that restrict
contractors from participating in the program;
(3) a comparison of the program with the Department of
Defense Mentor-Protege Program; and
(4) development of recommendations to strengthen the
program to include the maximum number of contractors as
possible.
SEC. 409. PROHIBITION ON AWARD OF CONTRACTS AND GRANTS TO
EDUCATIONAL INSTITUTIONS NOT SUPPORTING COAST
GUARD EFFORTS.
(a) Prohibition.--The Secretary of Homeland Security may
not award a contract or grant to an institution of higher
education (including any subelement of that institution) if
that institution (or any subelement of that institution) has
a policy or practice (regardless of when implemented) that
prohibits, or in effect prevents, the Commandant of the Coast
Guard from gaining access to campuses of the institution, or
access to students (who are 17 years of age or older) on such
campuses, for purposes of recruiting, in a manner that is at
least equal in quality and scope to the access to campuses
and to students that is provided to any other employer.
(b) Institution of Higher Education Defined.--For purposes
of this section, the term ``institution of higher education''
has the meaning provided in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(c) Limitation on Application.--The prohibition in this
section shall not apply to an institution of higher education
(or any subelement of that institution) if the Secretary of
Homeland Security determines that the institution of higher
education has a longstanding policy of pacifism based on
historical religious affiliation.
SEC. 410. REPORT ON SOURCE OF SHORTFALLS AT FEDERAL
PROTECTIVE SERVICE.
The Secretary of Homeland Security may not conduct a
reduction in force or furlough of the workforce of the
Federal Protective Service until--
(1) the Comptroller General of the United States submits to
the Committees on Homeland Security and Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate the report on the source of shortfalls at the
Federal Protective Service that was requested by the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committees on Homeland Security
and Transportation and Infrastructure of the House of
Representatives have conducted hearings on such report.
TITLE V--WORKFORCE AND TRAINING IMPROVEMENTS
SEC. 501. CUSTOMS AND BORDER PROTECTION OFFICER PAY EQUITY.
(a) Definitions.--For purposes of this section:
(1) The term ``Government retirement system'' means a
retirement system established by law for employees of the
Government of the United States.
(2) The term ``Customs and Border Protection Officer
position'' refers to any Customs and Border Protection
Officer position--
(A) which is within the Department of Homeland Security,
and
(B) the primary duties of which consist of enforcing the
border, customs, or agriculture laws of the United States;
such term includes a supervisory or administrative position
within the Department of Homeland Security to which an
individual transfers directly from a position described in
the preceding provisions of this paragraph in which such
individual served for at least three years.
(3) The term ``law enforcement officer'' has the meaning
given such term under the Government retirement system
involved.
(4) The term ``Executive agency'' or ``agency'' has the
meaning given under section 105 of title 5, United States
Code.
(5) The term ``prior qualified service'' means service as a
Customs and Border Protection Officer within the Department
of Homeland Security, since its establishment in March 2003.
(b) Treatment as a Law Enforcement Officer.--In the
administration of any Government retirement system, service
in a Customs and Border Protection Officer position shall be
treated in the same way as service performed in a law
enforcement officer position, subject to succeeding
provisions of this section.
(c) Applicability.--Subsection (b) shall apply in the case
of--
[[Page H4675]]
(1) any individual first appointed to a Customs and Border
Protection Officer position on or after the date of the
enactment of this Act; and
(2) any individual who--
(A) holds a Customs and Border Protection Officer position
on the date of the enactment of this Act pursuant to an
appointment made before such date; and
(B) who submits to the agency administering the retirement
system involved an appropriate election under this section,
not later than five years after the date of the enactment of
this Act or before separation from Government service,
whichever is earlier.
(d) Individual Contributions for Prior Qualified Service.--
(1) In general.--An individual described in subsection
(c)(2)(B) may, with respect to prior qualified service
performed by such individual, contribute to the Government
retirement system by which such individual is covered (for
deposit in the appropriate fund within the Treasury) the
difference between the individual contributions that were
actually made for such service and the individual
contributions that should have been made for such service if
subsection (b) had then been in effect (with interest).
(2) Effect of not contributing.--If less than the full
contribution under paragraph (1) is made, all prior qualified
service of the individual shall remain fully creditable as
law enforcement officer service, but the resulting annuity
(before cost-of-living adjustments) shall be reduced in a
manner such that, when combined with the unpaid amount, would
result in the present value of the total being actuarially
equivalent to the present value of the annuity that would
otherwise have been payable if the full contribution had been
made.
(e) Government Contributions for Prior Qualified Service.--
(1) In general.--If an individual makes an election under
subsection (c)(2)(B), the Department of Homeland Security
shall remit, with respect to any prior qualified service, the
total amount of additional Government contributions that
would have been required for such service under the
retirement system involved if subsection (b) had then been in
effect (with interest).
(2) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an
individual shall be made ratably (on at least an annual
basis) over the ten-year period beginning on the date an
individual's retirement deductions begin to be made.
(f) Exemption From Mandatory Separation.--Effective during
the three-year period beginning on the date of the enactment
of this Act, nothing in this section shall result in any
individual being involuntarily separated on account of the
provisions of any retirement system relating to the mandatory
separation of a law enforcement officer on account of age or
age and service combined.
(g) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant.
(h) Regulations.--Any regulations necessary to carry out
this section shall be prescribed in consultation with the
Secretary of Homeland Security.
SEC. 502. PLAN TO IMPROVE REPRESENTATION OF MINORITIES IN
VARIOUS CATEGORIES OF EMPLOYMENT.
(a) Plan for Improving Representation of Minorities.--Not
later than 90 days after the date of the enactment of this
Act, the Chief Human Capital Officer of the Department of
Homeland Security shall prepare and transmit to the Committee
on Homeland Security of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of
the Senate, and the Comptroller General of the United States
a plan to achieve the objective of addressing any under
representation of minorities in the various categories of
civil service employment within such Department. Such plan
shall identify and describe any barriers to achieving the
objective described in the preceding sentence and the
strategies and measures included in the plan to overcome
them.
(b) Assessments.--Not later than 1 year after receiving the
plan, the Comptroller General of the United States shall
assess--
(1) any programs and other measures currently being
implemented to achieve the objective described in the first
sentence of subsection (a); and
(2) the likelihood that the plan will allow the Department
to achieve such objective.
(c) Definitions.--For purposes of this section--
(1) the term ``under representation'' means when the
members of a minority group within a category of Federal
civil service employment constitute a lower percentage of the
total number of employees within the employment category than
the percentage that the minority constitutes within the labor
force of the Federal Government, according to statistics
issued by the Office of Personnel Management;
(2) the term ``minority groups'' or ``minorities'' means--
(A) racial and ethnic minorities;
(B) women; and
(C) individuals with disabilities; and
(3) the term ``category of civil service employment''
means--
(A) each pay grade, pay band, or other classification of
every pay schedule and all other levels of pay applicable to
the Department of Homeland Security; and
(B) such occupational, professional, or other groupings
(including occupational series) as the Chief Human Capital
Officer of the Department of Homeland Security may specify,
in the plan described in subsection (a), in order to carry
out the purposes of this section.
SEC. 503. CONTINUATION OF AUTHORITY FOR FEDERAL LAW
ENFORCEMENT TRAINING CENTER TO APPOINT AND
MAINTAIN A CADRE OF FEDERAL ANNUITANTS.
Section 1202(a) of the 2002 Supplemental Appropriations Act
for Further Recovery From and Response To Terrorist Attacks
on the United States (42 U.S.C. 3771 note) is amended in the
first sentence by striking ``December 31, 2007'' and
inserting ``December 31, 2008''.
SEC. 504. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF
FEDERAL ANNUITANTS FOR CUSTOMS AND BORDER
PROTECTION.
(a) Definitions.--For purposes of this section--
(1) the term ``CBP'' means the United States Customs and
Border Protection;
(2) the term ``annuitant'' means an annuitant under a
Government retirement system;
(3) the term ``Government retirement system'' has the
meaning given such term by section 501(a); and
(4) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code.
(b) Appointment Authority.--The Secretary (acting through
the Commissioner of the United States Customs and Border
Protection) may, for the purpose of accelerating the ability
of the CBP to secure the borders of the United States,
appoint annuitants to positions in the CBP in accordance with
succeeding provisions of this section.
(c) Noncompetitive Procedures; Exemption From Offset.--An
appointment made under subsection (b) shall not be subject to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and any annuitant
serving pursuant to such an appointment shall be exempt from
sections 8344 and 8468 of such title 5 (relating to annuities
and pay on reemployment) and any other similar provision of
law under a Government retirement system.
(d) Limitations.--No appointment under subsection (b) may
be made if such appointment would result in the displacement
of any employee or would cause the total number of positions
filled by annuitants appointed under such subsection to
exceed 500 as of any time (determined on a full-time
equivalent basis).
(e) Rule of Construction.--An annuitant as to whom an
exemption under subsection (c) is in effect shall not be
considered an employee for purposes of any Government
retirement system.
(f) Termination.--Upon the expiration of the 5-year period
beginning on the date of the enactment of this Act--
(1) any authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
SEC. 505. STRENGTHENING BORDER PATROL RECRUITMENT AND
RETENTION.
(a) In General.--In order to address the recruitment and
retention challenges faced by United States Customs and
Border Protection, the Secretary of Homeland Security shall
establish a plan, consistent with existing Federal statutes
applicable to pay, recruitment, relocation, and retention of
Federal law enforcement officers. Such plan shall include the
following components:
(1) The establishment of a recruitment incentive for Border
Patrol agents, including the establishment of a foreign
language incentive award.
(2) The establishment of a retention plan, including the
payment of bonuses to Border Patrol agents for every year of
service after the first two years of service.
(3) An increase in the pay percentage differentials to
Border Patrol agents in certain high-cost areas, as
determined by the Secretary, consistent with entry-level pay
to other Federal, State, and local law enforcement agencies.
(4) The establishment of a mechanism whereby Border Patrol
agents can transfer from one location to another after the
first two years of service in their initial duty location.
(5) The establishment of quarterly goals for the
recruitment of new Border Patrol agents, including goals for
the number of recruits entering Border Patrol training, and
the number of recruits who successfully complete such
training and become Border Patrol agents.
(b) Report.--
(1) In general.--Not later than the first calendar quarter
after the date of the enactment of this Act and every
calendar quarter thereafter, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
identifying whether the quarterly goals for the recruitment
of new Border Patrol agents established under subsection
(a)(5) were met, and an update on the status of recruitment
efforts and attrition rates among Border Patrol agents.
(2) Contents of report.--The report required under
paragraph (1) shall contain, at a minimum, the following with
respect to each calendar quarter:
(A) The number of recruits who enter Border Patrol
training.
(B) The number of recruits who successfully complete such
training and become Border Patrol agents.
(C) The number of Border Patrol agents who are lost to
attrition.
SEC. 506. LIMITATION ON REIMBURSEMENTS RELATING TO CERTAIN
DETAILEES.
In the case of an individual assigned to the Department of
Homeland Security as a detailee under an arrangement
described in subchapter VI of chapter 33 of title 5, United
States Code, the maximum reimbursement by the Department of
Homeland Security which may be made under section 3374(c) of
such title with respect to such individual for the period of
the assignment (including for any employee benefits) may not
exceed the total amount of basic pay that would
[[Page H4676]]
have been payable for such period if such individual had been
paid, at the highest rate allowable under section 5382 of
such title, as a member of the Senior Executive Service.
SEC. 507. INTEGRITY IN POST-EMPLOYMENT.
(a) Designations as Separate Agencies and Bureaus Barred.--
No agency, bureau, or other entity of the Department of
Homeland Security may be designated under section 207(h)(1)
of title 18, United States Code, as a separate agency or
bureau.
(b) Effective Date.--
(1) In general.--This section takes effect on the later
of--
(A) June 6, 2007; or
(B) the date of the enactment of this Act.
(2) Applicability to designations.--The following shall
cease to be effective on the date this section takes effect
under paragraph (1):
(A) Any waiver of restrictions made under section
207(c)(2)(C) of title 18, United States Code, before the
enactment of this Act, with respect to any position, or
category of positions, in the Department of Homeland
Security.
(B) Any designation of an agency, bureau, or other entity
in the Department of Homeland Security, before the enactment
of this Act, under section 207(h)(1) of title 18, United
States Code, as a separate agency or bureau.
SEC. 508. INCREASED SECURITY SCREENING OF HOMELAND SECURITY
OFFICIALS.
(a) Review Required.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Homeland Security
shall conduct a Department-wide review of the Department of
Homeland Security security clearance and suitability review
procedures for Department employees and contractors, as well
as individuals in State and local government agencies and
private sector entities with a need to receive classified
information.
(b) Strengthening of Security Screening Policies.--
(1) In general.--Based on the findings of the review
conducted under subsection (a), the Secretary shall, as
appropriate, take all necessary steps to strengthen the
Department's security screening policies, including
consolidating the security clearance investigative authority
at the headquarters of the Department.
(2) Elements.--In strengthening security screening policies
under paragraph (1), the Secretary shall consider whether and
where appropriate ensure that--
(A) all components of the Department of Homeland Security
meet or exceed Federal and Departmental standards for
security clearance investigations, adjudications, and
suitability reviews;
(B) the Department has a cadre of well-trained adjudicators
and the Department has in place a program to train and
oversee adjudicators; and
(C) suitability reviews are conducted for all Department of
Homeland Security employees who transfer from a component of
the Department to the headquarters of the Departmental.
SEC. 509. AUTHORITIES OF CHIEF SECURITY OFFICER.
(a) Establishment.--Title VII of the Homeland Security Act
of 2002 (6 U.S.C. 341 et seq.) is further amended by adding
at the end the following:
``SEC. 708. CHIEF SECURITY OFFICER.
``(a) Establishment.--There is in the Department a Chief
Security Officer.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) have responsibility for personnel security, facility
access, security awareness, and related training;
``(2) ensure that each component of the Department complies
with Federal standards for security clearances and background
investigations;
``(3) ensure, to the greatest extent practicable, that
individuals in State and local government agencies and
private sector entities with a need to receive classified
information, receive the appropriate clearances in a timely
fashion; and
``(4) perform all other functions as determined by the
Secretary.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the items
relating to such title the following new item:
``Sec. 708. Chief Security Officer.''.
SEC. 510. DEPARTMENTAL CULTURE IMPROVEMENT.
(a) Consideration Required.--The Secretary of Homeland
Security, acting through the Chief Human Capital Officer,
shall consider implementing recommendations set forth in the
Homeland Security Advisory Council Culture Task Force Report
of January 2007.
(b) Identification of Terms.--As part of this
consideration, the Secretary, acting through the Chief Human
Capital Officer, shall identify an appropriate term, as among
``workforce'', ``personnel'', and ``employee'', to replace
``human capital'' and integrate its use throughout the
operations, policies, and programs of the Department of
Homeland Security.
SEC. 511. HOMELAND SECURITY EDUCATION PROGRAM ENHANCEMENTS.
Section 845(b) of the Homeland Security Act of 2002 (6
U.S.C. 415(b)) is amended to read as follows:
``(b) Leveraging of Existing Resources.--To maximize
efficiency and effectiveness in carrying out the Program, the
Administrator shall use curricula modeled on existing
Department-reviewed Master's Degree curricula in homeland
security, including curricula pending accreditation,
together with associated learning materials, quality
assessment tools, digital libraries, asynchronous distance
learning, video conferencing, exercise systems, and other
educational facilities, including the National Domestic
Preparedness Consortium, the National Fire Academy, and
the Emergency Management Institute. The Administrator may
develop additional educational programs, as
appropriate.''.
SEC. 512. REPEAL OF CHAPTER 97 OF TITLE 5, UNITED STATES
CODE.
(a) Repeal.--
(1) In general.--Effective as of the date specified in
section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101
note), chapter 97 of title 5, United States Code (as added by
section 841(a)(2) of such Act), section 841(b)(3) of such
Act, and subsections (c) and (e) of section 842 of such Act
are repealed.
(2) Regulations.--Any regulations prescribed under
authority of chapter 97 of title 5, United States Code, are
void ab initio.
(b) Clerical Amendment.--The table of chapters for part III
of title 5, United States Code, is amended by striking the
item relating to chapter 97.
SEC. 513. UTILIZATION OF NON-LAW ENFORCEMENT FEDERAL
EMPLOYEES AS INSTRUCTORS FOR NON-LAW
ENFORCEMENT CLASSES AT THE BORDER PATROL
TRAINING ACADEMY.
The Director of the Federal Law Enforcement Training Center
(FLETC) of the Department of Homeland Security, in
consultation with the Chief of the Border Patrol, is
authorized to select appropriate employees of the Federal
Government other than law enforcement officers (as defined in
section 8401(17) of title 5, United States Code) to serve as
instructors of non-law enforcement classes.
TITLE VI--BIOPREPAREDNESS IMPROVEMENTS
SEC. 601. CHIEF MEDICAL OFFICER AND OFFICE OF HEALTH AFFAIRS.
Section 516 of the Homeland Security Act of 2002 (6 U.S.C.
321e) is amended to read as follows:
``SEC. 516. CHIEF MEDICAL OFFICER.
``(a) In General.--There is in the Department a Chief
Medical Officer, who shall be appointed by the President, by
and with the advice and consent of the Senate, and shall have
the rank and title of Assistant Secretary for Health Affairs
and Chief Medical Officer (in this section referred to as the
`Chief Medical Officer').
``(b) Office of Health Affairs.--There is in the Department
an Office of Health Affairs, which shall be headed by the
Chief Medical Officer.
``(c) Qualifications.--The individual appointed as the
Chief Medical Officer shall possess a demonstrated ability in
and knowledge of medicine, public health, and the treatment
of illnesses caused by chemical, biological, nuclear, and
radiological agents.
``(d) Responsibilities.--The Chief Medical Officer shall
have the primary responsibility within the Department for
medical and health issues related to the general roles,
responsibilities, and operations of the Department, and
terrorist attacks, major disasters, and other emergencies,
including--
``(1) serving as the principal advisor to the Secretary and
leading the Department's medical care, public health, food,
water, veterinary care, and agro- security and defense
responsibilities;
``(2) providing oversight for all medically-related actions
and protocols of the Department's medical personnel;
``(3) administering the Department's responsibilities for
medical readiness, including--
``(A) planning and guidance to support improvements in
local training, equipment, and exercises funded by the
Department; and
``(B) consistent with the National Response Plan
established pursuant to Homeland Security Presidential
Directive 8, assisting in fulfilling the Department's roles
in related emergency support functions;
``(4) serving as the Department's primary point of contact
with the Department of Agriculture, the Department of
Defense, the Department of Health and Human Services, the
Department of Transportation, the Department of Veterans
Affairs, and other Federal departments and agencies, on all
matters of medical and public health to ensure coordination
consistent with the National Response Plan;
``(5) serving as the Department's primary point of contact
for State, local, tribal, and territorial governments, the
medical community, and the private sector, to ensure that
medical readiness and response activities are coordinated and
consistent with the National Response Plan and the
Secretary's incident management requirements;
``(6) managing the Department's biodefense and
biosurveillance activities including the National
Biosurveillance Integration System, and the Departments
responsibilities under Project BioShield in coordination with
the Under Secretary of Science and Technology as appropriate;
``(7) assuring that the Department's workforce has science-
based policy, standards, requirements, and metrics for
occupational safety and health;
``(8) supporting the operational requirements of the
Department's components with respect to protective medicine
and tactical medical support;
``(9) developing, in coordination with appropriate
Department entities and other appropriate Federal agencies,
end-to-end plans for prevention, readiness, protection,
response, and recovery from catastrophic events with human,
animal, agricultural, or environmental health consequences;
``(10) integrating into the end-to-end plans developed
under paragraph (9), Department of Health and Human Services'
efforts to identify and deploy medical assets (including
human, fixed, and material assets) used in preparation for or
response to national disasters and catastrophes, and to
enable access to patient electronic medical records by
medical personnel to aid treatment of displaced persons in
such circumstance, in order to assure that actions of
[[Page H4677]]
both Departments are combined for maximum effectiveness
during an emergency consistent with the National Response
Plan and applicable emergency support functions;
``(11) performing other duties relating to such
responsibilities as the Secretary may require; and
``(12) directing and maintaining a coordinated system for
medical support of the Department's operational
activities.''.
SEC. 602. IMPROVING THE MATERIAL THREATS PROCESS.
(a) In General.--Section 319F-2(c)(2)(A) of the Public
Health Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(2) by moving each of such subclauses two ems to the right;
(3) by striking ``(A) Material threat.--The Homeland
Security Secretary'' and inserting the following:
``(A) Material threat.--
``(i) In general.--The Secretary of Homeland Security'';
and
(4) by adding at the end the following clauses:
``(ii) Use of existing risk assessments.--For the purpose
of satisfying the requirements of clause (i) as expeditiously
as possible, the Secretary of Homeland Security shall, as
practicable, utilize existing risk assessments that the
Secretary of Homeland Security, in consultation with the
Secretaries of Health and Human Services, Defense, and
Agriculture, and the heads of other appropriate Federal
agencies, considers credible.
``(iii) Order of assessments.--
``(I) Groupings to facilitate assessment of
countermeasures.--In conducting threat assessments and
determinations under clause (i) of chemical, biological,
radiological, and nuclear agents, the Secretary of Homeland
Security shall, to the extent practicable and appropriate,
consider the completion of such assessments and
determinations for groups of agents toward the goal of
facilitating the assessment of countermeasures under
paragraph (3) by the Secretary of Health and Human Services.
``(II) Categories of countermeasures.--The grouping of
agents under subclause (I) by the Secretary of Homeland
Security shall be designed to facilitate assessments under
paragraph (3) by the Secretary of Health and Human Services
regarding the following two categories of countermeasures:
``(aa) Countermeasures that may address more than one agent
identified under clause (i)(II).
``(bb) Countermeasures that may address adverse health
consequences that are common to exposure to different agents.
``(III) Rule of construction.--A particular grouping of
agents pursuant to subclause (II) is not required under such
subclause to facilitate assessments of both categories of
countermeasures described in such subclause. A grouping may
concern one category and not the other.
``(iv) Deadline for completion of certain material threat
determinations.--With respect to chemical, biological,
radiological, and nuclear agents known to the Secretary of
Homeland Security as of the day before the date of the
enactment of this clause, and which such Secretary considers
to be capable of significantly affecting national security,
such Secretary shall complete the determinations under clause
(i)(II) not later than December 31, 2007.
``(v) Report to congress.--Not later than 30 days after the
date on which the Secretary of Homeland Security completes a
material threat assessment under clause (i), the Secretary
shall submit to Congress a report containing the results of
such assessment.
``(vi) Definition.--For purposes of this subparagraph, the
term `risk assessment' means a scientific, technically-based
analysis of agents that incorporates threat, vulnerability,
and consequence information.''.
(b) Authorization of Appropriations.--Section 521(d) of the
Homeland Security Act of 2002 (6 U.S.C. 321j(d)) is amended--
(1) in paragraph (1), by striking ``2006,'' and inserting
``2009,''; and
(2) by adding at the end the following:
``(3) Additional authorization of appropriations regarding
certain threat assessments.--For the purpose of providing an
additional amount to the Secretary to assist the Secretary in
meeting the requirements of clause (iv) of section 319F-
2(c)(2)(A) of the Public Health Service Act (relating to time
frames), there are authorized to be appropriated such sums as
may be necessary for fiscal year 2008, in addition to the
authorization of appropriations established in paragraph (1).
The purposes for which such additional amount may be expended
include conducting risk assessments regarding clause (i)(II)
of such section when there are no existing risk assessments
that the Secretary considers credible.''.
SEC. 603. STUDY ON NATIONAL BIODEFENSE TRAINING.
(a) Study Required.--The Secretary of Homeland Security
shall, in consultation with the Secretary of Defense and the
Secretary for Health and Human Services, conduct a joint
study to determine the staffing and training requirements for
pending capital programs to construct biodefense laboratories
(including agriculture and animal laboratories) at Biosafety
Level 3 and Biosafety Level 4 or to expand current biodefense
laboratories to such biosafety levels.
(b) Elements.--In conducting the study, the Secretaries
shall address the following:
(1) The number of trained personnel, by discipline and
qualification level, required for existing biodefense
laboratories at Biosafety Level 3 and Biosafety Level 4,
including the number trained in Good Laboratory Practices
(GLP).
(2) The number of research and support staff, including
researchers, laboratory technicians, animal handlers,
facility managers, facility or equipment maintainers, safety
and security personnel (including biosafety, physical
security, and cybersecurity personnel), and other safety
personnel required to manage biodefense research efforts to
combat bioterrorism at the planned biodefense laboratories
described in subsection (a).
(3) The training required to provide the personnel
described by paragraphs (1) and (2), including the type of
training (whether classroom, laboratory, or field training)
required, the length of training required by discipline, and
the curriculum required to be developed for such training.
(4) Training schedules necessary to meet the scheduled
openings of the biodefense laboratories described in
subsection (a), including schedules for refresher training
and continuing education that may be necessary for that
purpose.
(c) Report.--Not later than December 31, 2007, the
Secretaries shall submit to Congress a report setting forth
the results of the study conducted under this section.
SEC. 604. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end
the following new section:
``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
``(a) Establishment.--The Secretary shall establish a
National Biosurveillance Integration Center (referred to in
this section as the `NBIC') to enhance the capability of the
Federal Government to rapidly identify, characterize, and
localize a biological event by integrating and analyzing data
related to human health, animals, plants, food, and the
environment. The NBIC shall be headed by a Director.
``(b) Integrated Biosurveillance Network.--As part of the
NBIC, the Director shall develop, operate, and maintain an
integrated network to detect, as early as possible, a
biological event that presents a risk to the United States or
the infrastructure or key assets of the United States. The
network shall--
``(1) consolidate data from all relevant surveillance
systems maintained by the Department and other governmental
and private sources, both foreign and domestic, to the extent
practicable; and
``(2) use an information technology system that uses the
best available statistical and other analytical tools to
identify and characterize biological events in as close to
real-time as possible.
``(c) Responsibilities.--
``(1) In general.--The Director shall--
``(A) monitor on an ongoing basis the availability and
appropriateness of candidate data feeds and solicit new
surveillance systems with data that would enhance biological
situational awareness or overall performance of the NBIC;
``(B) review and seek to improve on an ongoing basis the
statistical and other analytical methods used by the NBIC;
``(C) establish a procedure to enable Federal, State and
local government, and private sector entities to report
suspicious events that could warrant further assessments by
the NBIC;
``(D) receive and consider all relevant homeland security
information; and
``(E) provide technical assistance, as appropriate, to all
Federal, State, and local government entities and private
sector entities that contribute data relevant to the
operation of the NBIC.
``(2) Assessments.--The Director shall--
``(A) continuously evaluate available data for evidence of
a biological event; and
``(B) integrate homeland security information with NBIC
data to provide overall biological situational awareness and
determine whether a biological event has occurred.
``(3) Information sharing.--The Director shall--
``(A) establish a mechanism for real-time communication
with the National Operations Center;
``(B) provide integrated information to the heads of the
departments and agencies with which the Director has entered
into an agreement under subsection (d);
``(C) notify the Secretary, the head of the National
Operations Center, and the heads of appropriate Federal,
State, tribal, and local entities of any significant
biological event identified by the NBIC;
``(D) provide reports on NBIC assessments to Federal,
State, and local government entities, including departments
and agencies with which the Director has entered into an
agreement under subsection (d), and any private sector
entities, as considered appropriate by the Director; and
``(E) use information sharing networks available to the
Department for distributing NBIC incident or situational
awareness reports.
``(d) Interagency Agreements.--
``(1) In general.--The Secretary shall, where feasible,
enter into agreements with the heads of appropriate Federal
departments and agencies, including the Department of Health
and Human Services, Department of Defense, the Department of
Agriculture, the Department of State, the Department of
Interior, and the Intelligence Community.
``(2) Content of agreements.--Under an agreement entered
into under paragraph (1), the head of a Federal department or
agency shall agree to--
``(A) use the best efforts of the department or agency to
integrate biosurveillance information capabilities through
NBIC;
``(B) provide timely, evaluated information to assist the
NBIC in maintaining biological situational awareness for
timely and accurate detection and response purposes;
``(C) provide connectivity for the biosurveillance data
systems of the department or agency
[[Page H4678]]
to the NBIC network under mutually agreed protocols;
``(D) detail, if practicable, to the NBIC department or
agency personnel with relevant expertise in human, animal,
plant, food, or environmental disease analysis and
interpretation;
``(E) retain responsibility for the surveillance and
intelligence systems of that department or agency, if
applicable; and
``(F) participate in forming the strategy and policy for
the operation and information sharing practices of the NBIC.
``(e) Notification of Director.--The Secretary shall ensure
that the Director is notified of homeland security
information relating to any significant biological threat and
receives all classified and unclassified reports related to
such a threat in a timely manner.
``(f) Administrative Authorities.--
``(1) Privacy.--The Secretary shall--
``(A) designate the NBIC as a public health authority;
``(B) ensure that the NBIC complies with any applicable
requirements of the Health Insurance Portability and
Accountability Act of 1996; and
``(C) ensure that all applicable privacy regulations are
strictly adhered to in the operation of the NBIC and the
sharing of any information related to the NBIC.
``(2) Collection of information.--The NBIC, as a public
health authority with a public health mission, is authorized
to collect or receive health information, including such
information protected under the Health Insurance Portability
and Accountability Act of 1996, for the purpose of preventing
or controlling disease, injury, or disability.
``(g) NBIC Interagency Working Group.--The Director shall--
``(1) establish an interagency working group to facilitate
interagency cooperation to advise the Director on
recommendations to enhance the biosurveillance capabilities
of the Department; and
``(2) invite officials of Federal agencies that conduct
biosurveillance programs, including officials of the
departments and agencies with which the Secretary has entered
into an agreement under subsection (d), to participate in the
working group.
``(h) Annual Report Required.--Not later than December 31
of each year, the Secretary shall submit to Congress a report
that contains each of the following:
``(1) A list of departments, agencies, and private or
nonprofit entities participating in the NBIC and a
description of the data that each entity has contributed to
the NBIC during the preceding fiscal year.
``(2) The schedule for obtaining access to any relevant
biosurveillance information not received by the NBIC as of
the date on which the report is submitted.
``(3) A list of Federal, State, and local government
entities and private sector entities that have direct or
indirect access to the information that is integrated by the
NBIC.
``(4) For any year before the NBIC is fully implemented or
any year in which any major structural or institutional
change is made to the NBIC, an implementation plan for the
NBIC that includes cost, schedule, key milestones, and the
status of such milestones.
``(i) Relationship to Other Departments and Agencies.--The
authority of the Secretary under this section shall not
affect an authority or responsibility of any other Federal
department or agency with respect to biosurveillance
activities under any program administered by that department
or agency.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each fiscal year.
``(k) Biological Event.--For purposes of this section, the
term `biological event' means--
``(1) an act of terrorism involving biological agents or
toxins of known or unknown origin; or
``(2) a naturally occurring outbreak of an infectious
disease that may be of potential national significance.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the items
relating to such title the following:
``Sec. 316. National Biosurveillance Integration Center.''.
(c) Deadline for Implementation.--The National
Biosurveillance Integration Center required under section 316
of the Homeland Security Act of 2002, as added by subsection
(a), shall be fully operational by not later than September
30, 2008.
SEC. 605. RISK ANALYSIS PROCESS AND INTEGRATED CBRN RISK
ASSESSMENT.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is further amended by adding at
the end the following:
``SEC. 317. RISK ANALYSIS PROCESS AND INTEGRATED CBRN RISK
ASSESSMENT.
``(a) Risk Analysis Process.--The Secretary shall develop a
risk analysis process that utilizes a scientific,
quantitative methodology to assess and manage risks posed by
chemical, biological, radiological, and nuclear (CBRN)
agents.
``(b) Integrated CBRN Risk Assessment.--The Secretary shall
use the process developed under subsection (a) to conduct a
risk assessment that shall support the integration of
chemical, biological, radiological, and nuclear agents.
``(c) Purpose.--The purpose of the risk analysis process
developed under subsection (a) and the integrated risk
assessment conducted under subsection (b) shall be to
identify high risk agents, determine how best to mitigate
those risks, and guide resource allocation. Such risk
analysis shall--
``(1) facilitate satisfaction of the requirements of
section 602;
``(2) guide research, development, acquisition, and
deployment of applicable countermeasures, including detection
systems;
``(3) identify key knowledge gaps or vulnerabilities in the
CBRN defense posture of the Department;
``(4) enable rebalancing and refining of investments within
individual classes of threat agents as well as across such
classes; and
``(5) support end-to-end assessments of the overall CBRN
defense policy of the Department, taking into account the
full spectrum of countermeasures available, including
prevention, preparedness, planning, response and recovery
activities, to better steer investments to strategies with
the greatest potential for mitigating identified risks.
``(d) Risk Information.--
``(1) Classes of threat agents.--In developing the risk
analysis process under subsection (a) and conducting the risk
assessment under subsection (b), the Secretary shall consider
risks posed by the following classes of threats:
``(A) Chemical threats, including--
``(i) toxic industrial materials and chemicals;
``(ii) traditional chemical warfare agents; and
``(iii) non-traditional agents, which are defined as novel
chemical threat agents or toxicants requiring adapted
countermeasures.
``(B) Biological threats, including--
``(i) traditional agents listed by the Centers of Disease
Control and Prevention as Category A, B, and C pathogens and
toxins;
``(ii) enhanced agents, which are defined as traditional
agents that have been modified or selected to enhance their
ability to harm human populations or circumvent current
countermeasures;
``(iii) emerging agents, which are defined as previously
unrecognized pathogens that may be naturally occurring and
present a serious risk to human populations; and
``(iv) advanced or engineered agents, which are defined as
novel pathogens or other materials of biological nature that
have been artificially engineered in the laboratory to bypass
traditional countermeasures or produce a more severe or
otherwise enhanced spectrum of disease.
``(C) Nuclear and radiological threats, including fissile
and other radiological material that could be incorporated
into an improvised nuclear device or a radiological dispersal
device or released into a wide geographic area by damage to a
nuclear reactor.
``(D) Threats to the agriculture sector and food and water
supplies.
``(E) Other threat agents the Secretary determines
appropriate.
``(2) Sources.--The risk analysis process developed under
subsection (a) shall be informed by findings of the
intelligence and law enforcement communities and integrated
with expert input from the scientific, medical, and public
health communities, including from relevant components of the
Department and other Federal agencies.
``(3) Data quality, specificity, and confidence.--In
developing the risk analysis process under subsection (a),
the Secretary shall consider the degree of uncertainty and
variability in the available scientific information and other
information about the classes of threat agents under
paragraph (1). An external review shall be conducted to
assess the ability of the risk analysis process developed by
the Secretary to address areas of large degrees of
uncertainty.
``(4) New information.--The Secretary shall frequently and
systematically update the risk assessment conducted under
subsection (b), as needed, to incorporate emerging
intelligence information or technological changes in order to
keep pace with evolving threats and rapid scientific
advances.
``(e) Methodology.--The risk analysis process developed by
the Secretary under subsection (a) shall--
``(1) consider, as variables--
``(A) threat, or the likelihood that a type of attack that
might be attempted;
``(B) vulnerability, or the likelihood that an attacker
would succeed; and
``(C) consequence, or the likely impact of an attack;
``(2) evaluate the consequence component of risk as it
relates to mortality, morbidity, and economic effects;
``(3) allow for changes in assumptions to evaluate a full
range of factors, including technological, economic, and
social trends, which may alter the future security
environment;
``(4) contain a well-designed sensitivity analysis to
address high degrees of uncertainty associated with the risk
analyses of certain CBRN agents;
``(5) utilize red teaming analysis to identify
vulnerabilities an adversary may discover and exploit in
technology, training, and operational procedures and to
identify open-source information that could be used by those
attempting to defeat the countermeasures; and
``(6) incorporate an interactive interface that makes
results and limitations transparent and useful to decision
makers for identifying appropriate risk management
activities.
``(f) Coordination.--The Secretary shall ensure that all
risk analysis activities with respect to radiological or
nuclear materials shall be conducted in coordination with the
Domestic Nuclear Detection Office.
``(g) Timeframe; Reports to Congress.--
``(1) Initial report.--By not later than June 2008, the
Secretary shall complete the first formal, integrated, CBRN
risk assessment required under subsection (b) and shall
submit to Congress a report summarizing the findings of such
assessment and identifying improvements that could be made to
enhance the transparency and usability of the risk analysis
process developed under subsection (a).
``(2) Updates to report.--The Secretary shall submit to
Congress updates to the findings
[[Page H4679]]
and report in paragraph (1), when appropriate, but by not
later than two years after the date on which the initial
report is submitted. Such updates shall reflect improvements
in the risk analysis process developed under subsection
(a).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the items
relating to such title the following:
``Sec. 317. Risk analysis process and integrated CBRN risk
assessment.''.
SEC. 606. NATIONAL BIO AND AGRO-DEFENSE FACILITY.
(a) In General.--Title III of the Homeland Security Act of
2002 (6. U.S.C. 181 et seq.) is further amended by adding at
the end the following new section:
``SEC. 318. NATIONAL BIO AND AGRO-DEFENSE FACILITY.
``(a) Establishment.--There is in the Department a National
Bio and Agro-defense Facility (referred to in this section as
the `NBAF'), which shall be headed by a Director who shall be
appointed by the Secretary.
``(b) Purposes.--
``(1) In general.--The NBAF shall be an integrated human,
foreign-animal, and zoonotic disease research, development,
testing, and evaluation facility with the purpose of
supporting the complementary missions of the Department, the
Department of Agriculture, and the Department of Health and
Human Services in defending against the threat of potential
acts of agroterrorism and natural-occurring incidents related
to agriculture with the potential to adversely impact public
health, animal health, and the economy, or may otherwise
impact homeland security.
``(2) Knowledge production and sharing.--The NBAF shall
produce and share knowledge and technology for the purpose of
reducing economic losses caused by foreign-animal, zoonotic,
and, as appropriate, other endemic animal diseases of
livestock and poultry, and preventing human suffering and
death caused by diseases existing or emerging in the
agricultural sector.
``(c) Responsibilities of Director.--The Secretary shall
vest in the Director primary responsibility for each of the
following:
``(1) Directing basic, applied, and advanced research,
development, testing, and evaluation relating to foreign-
animal, zoonotic, and, as appropriate, other endemic animal
diseases, including foot and mouth disease, and performing
related activities, including--
``(A) developing countermeasures for foreign-animal,
zoonotic, and, as appropriate, other endemic animal diseases,
including diagnostics, vaccines and therapeutics;
``(B) providing advanced test and evaluation capability for
threat detection, vulnerability, and countermeasure
assessment for foreign-animal, zoonotic, and, as appropriate,
other endemic animal diseases;
``(C) conducting nonclinical, animal model testing and
evaluation under the Food and Drug Administration's Animal
Rule as defined in parts 314 and 601 of title 22, Code of
Federal Regulations, to support the development of human
medical countermeasures by the Department of Human Services
under the Public Health Service Act (42 U.S.C. 201 et seq);
``(D) establishing NBAF information-sharing mechanisms to
share information with relevant stakeholders, including the
National Animal Health Laboratory Network; and
``(E) identifying and promoting uniform national standards
for animal disease diagnostics.
``(2) Facilitating the coordination of Federal, State, and
local governmental research and development efforts and
resources relating to protecting public health and animal
health from foreign-animal, zoonotic, and, as appropriate,
other endemic animal diseases.
``(3) Ensuring public safety during an emergency by
developing an emergency response plan under which emergency
response providers in the community are sufficiently prepared
or trained to respond effectively and given sufficient notice
to allow for an effective response.
``(4) Ensuring NBAF site and facility security.
``(5) Providing training to develop skilled research and
technical staff with the needed expertise in operations
conducted at biological and agricultural research facilities.
``(6) Leveraging the expertise of academic institutions,
industry, the Department of Energy National Laboratories,
State and local governmental resources, and professional
organizations involved in veterinary, medical and public
health, and agriculture issues to carry out functions
describes in (1) and (2).
``(d) Requirements.--The Secretary, in designing and
constructing the NBAF, shall ensure that the facility meets
the following requirements:
``(1) The NBAF shall consist of state-of-the-art
biocontainment laboratories capable of performing research
and activities at Biosafety Level 3 and 4, as designated by
the Centers for Disease Control and Prevention and the
National Institutes of Health.
``(2) The NBAF facility shall be located on a site of at
least 30 acres that can be readily secured by physical
measure.
``(3) The NBAF facility shall be at least 500,000 square
feet with a capacity of housing a minimum of 80 large animals
for research, testing and evaluation;
``(4) The NBAF shall be located at a site with a
preexisting utility infrastructure, or a utility
infrastructure that can be easily built.
``(5) The NBAF shall be located at a site that has been
subject to an Environmental Impact Statement under the
National Environmental Policy Act of 1969.
``(6) The NBAF shall be located within a reasonable
proximity to a national or regional airport and to major
roadways.
``(e) Authorization To Procure Real Property and Accept in
Kind Donations for the NBAF Site.--The Secretary may accept
and use donations of real property for the NBAF site and may
accept and use in-kind donations of real property, personal
property, laboratory and office space, utility services, and
infrastructure upgrades for the purpose of assisting the
Director in carrying out the responsibilities of the Director
under this section.
``(f) Applicability of Other Laws.--
``(1) Public buildings act.--The NBAF shall not be
considered a ``public building'' for purposes of the Public
Buildings Act of 1959 (40 U.S.C. 3301 et seq.).
``(2) Live virus of foot and mouth disease research.--The
Secretary shall enable the study of live virus of foot and
mouth disease at the NBAF, wherever it is sited,
notwithstanding section 113a of title 21, United States Code.
``(g) Coordination.--
``(1) Interagency agreements.--
``(A) In general.--The Secretary shall enter into
understandings or agreements with the heads of appropriate
Federal departments and agencies, including the Secretary of
Agriculture and the Secretary of Health and Human Services,
to define the respective roles and responsibilities of each
Department in carrying out foreign-animal, zoonotic, and
other endemic animal disease research and development at the
NBAF to protect public health and animal health.
``(B) Department of agriculture.--The understanding or
agreement entered into with the Secretary of Agriculture
shall include a provision describing research programs and
functions of the Department of Agriculture and the Department
of Homeland Security, including those research programs and
functions carried out at the Plum Island Animal Disease
Center and those research programs and functions that will be
transferred to the NBAF.
``(C) Department of health and human services.--The
understanding or agreement entered into with the Department
of Health and Human Services shall describe research programs
of the Department of Health and Human Services that may
relate to work conducted at NBAF.
``(2) Cooperative relationships.--The Director shall form
cooperative relationships with the National Animal Health
Laboratory Network and American Association of Veterinary
Laboratory Diagnosticians to connect with the network of
Federal and State resources intended to enable an integrated,
rapid, and sufficient response to animal health
emergencies.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is further amended by adding at the end of
the items relating to such title the following:
``Sec. 318. National Bio and Agro-defense Facility.''.
TITLE VII--HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS
SEC. 701. CYBERSECURITY AND COMMUNICATIONS.
(a) In General.--Subtitle C of title II of the Homeland
Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by
adding at the end the following new section:
``SEC. 226. OFFICE OF CYBERSECURITY AND COMMUNICATIONS.
``(a) In General.--There shall be within the Department of
Homeland Security an Office of Cybersecurity and
Communications, which shall be headed by the Assistant
Secretary for Cybersecurity and Communications.
``(b) Duty of the Assistant Secretary.--The Assistant
Secretary shall assist the Secretary in carrying out the
responsibilities of the Department regarding cybersecurity
and communications.
``(c) Responsibilities.--The Assistant Secretary shall be
responsible for overseeing preparation, situational
awareness, response, reconstitution, and mitigation necessary
for cybersecurity and to protect communications from
terrorist attacks, major disasters, and other emergencies,
including large-scale disruptions, and shall conduct the
following activities to execute those responsibilities:
``(1) Preparation and situational awareness.--
``(A) Establish and maintain a capability within the
Department to monitor critical information infrastructure to
aid in detection of vulnerabilities and warning of potential
acts of terrorism and other attacks.
``(B) Conduct risk assessments on critical information
infrastructure with respect to acts of terrorism and other
large-scale disruptions, identify and prioritize
vulnerabilities in critical information infrastructure, and
coordinate the mitigation of such vulnerabilities.
``(C) Develop a plan for the continuation of critical
information operations in the event of a cyber attack or
other large-scale disruption of the information
infrastructure of the United States.
``(D) Oversee an emergency communications system in the
event of an act of terrorism or other large-scale disruption
of the information infrastructure of the United States.
``(2) Response and reconstitution.--
``(A) Define what qualifies as a cyber incident of national
significance for purposes of the National Response Plan.
``(B) Ensure that the Department's priorities, procedures,
and resources are in place to reconstitute critical
information infrastructures in the event of an act of
terrorism or other large-scale disruption.
``(3) Mitigation.--
``(A) Develop a national cybersecurity awareness, training,
and education program that promotes cybersecurity awareness
within the Federal Government and throughout the Nation.
``(B) Consult and coordinate with the Under Secretary for
Science and Technology on cybersecurity research and
development to
[[Page H4680]]
strengthen critical information infrastructure against acts
of terrorism and other large-scale disruptions.
``(d) Definition.--In this section the term `critical
information infrastructure' means systems and assets, whether
physical or virtual, used in processing, transferring, and
storing information so vital to the United States that the
incapacity or destruction of such systems and assets would
have a debilitating impact on security, national economic
security, national public health or safety, or any
combination of those matters.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting at the end of the
items relating to subtitle C of title II the following:
``Sec. 226. Office of Cybersecurity and Communications.''.
SEC. 702. CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary for Science and
Technology shall support research, development, testing,
evaluation, and transition of cybersecurity technology,
including fundamental, long-term research to improve the
ability of the United States to prevent, protect against,
detect, respond to, and recover from acts of terrorism and
cyber attacks, with emphasis on research and development
relevant to large-scale, high-impact attacks.
(b) Activities.--The research and development supported
under subsection (a) shall include work to--
(1) advance the development and accelerate the deployment
of more secure versions of fundamental Internet protocols and
architectures, including for the domain name system and
routing protocols;
(2) improve and create technologies for detecting attacks
or intrusions, including monitoring technologies;
(3) improve and create mitigation and recovery
methodologies, including techniques for containment of
attacks and development of resilient networks and systems
that degrade gracefully;
(4) develop and support infrastructure and tools to support
cybersecurity research and development efforts, including
modeling, testbeds, and data sets for assessment of new
cybersecurity technologies;
(5) assist the development and support of technologies to
reduce vulnerabilities in process control systems (PCS); and
(6) test, evaluate, and facilitate the transfer of
technologies associated with the engineering of less
vulnerable software and securing the IT software development
lifecycle.
(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate
activities with--
(1) the Assistant Secretary for Cybersecurity and
Communications; and
(2) other Federal agencies, including the National Science
Foundation, the Defense Advanced Research Projects Agency,
the Information Assurance Directorate of the National
Security Agency, the National Institute of Standards and
Technology, and other appropriate working groups established
by the President to identify unmet needs and cooperatively
support activities, as appropriate.
(d) Authorization of Appropriations.--Of the amount
authorized by section 101, there is authorized to be
appropriated for the Department of Homeland Security for
fiscal year 2008, $50,000,000, for the cybersecurity research
and development activities of the Directorate for Science and
Technology to prevent, detect, and respond to acts of
terrorism and other large-scale disruptions to information
infrastructure.
TITLE VIII--SCIENCE AND TECHNOLOGY IMPROVEMENTS
SEC. 801. REPORT TO CONGRESS ON STRATEGIC PLAN.
Not later than 120 days after the date of enactment of this
Act, the Under Secretary for Science and Technology shall
transmit to Congress the strategic plan described in section
302(2) of the Homeland Security Act of 2002 (6 U.S.C.
182(2)). In addition to the requirements described in that
section 302(2), the strategic plan transmitted under this
section shall include--
(1) a strategy to enhance the Directorate for Science and
Technology workforce, including education and training
programs, improving morale, minimizing turnover,
strengthening workforce recruitment, and securing
institutional knowledge;
(2) the Department policy describing the procedures by
which the Directorate for Science and Technology hires and
administers assignments to individuals assigned to the
Department as detailees under an arrangement described in
subchapter VI of chapter 33 of title 5, United States Code;
(3) the Department policy governing the responsibilities of
the Under Secretary for Science and Technology, the Under
Secretary for Policy, and the Under Secretary for Management,
and the operational components of the Department regarding
research, development, testing, evaluation, and procurement
of homeland security technologies;
(4) a description of the methodology by which research,
development, testing, and evaluation is prioritized and
funded by the Directorate for Science and Technology;
(5) a description of the performance measurements to be
used or a plan to develop performance measurements that can
be used to annually evaluate the Directorate for Science and
Technology's activities, mission performance, and stewardship
of resources;
(6) a plan for domestic and international coordination of
all related programs and activities within the Department and
throughout Federal agencies, State, local, and tribal
governments, the emergency responder community, industry, and
academia;
(7) a plan for leveraging the expertise of the National
Laboratories and the process for allocating funding to the
National Laboratories; and
(8) a strategy for the Homeland Security Advanced Research
Projects Agency that includes--
(A) a mission statement;
(B) a description of the Department's high risk and high
payoff research, development, test, and evaluation strategy;
and
(C) internal policies designed to encourage innovative
solutions.
SEC. 802. CENTERS OF EXCELLENCE PROGRAM.
(a) Authorization of Appropriations.--Of the amount
authorized by section 101, there is authorized to be
appropriated to the Secretary of Homeland Security for
carrying out the Centers of Excellence Program $31,000,000
for fiscal year 2008 such that each center that received
funding in fiscal year 2007 shall receive, at a minimum, the
same amount it received in fiscal year 2007.
(b) Minority Serving Institutions Program.--Of the amount
authorized by section 101, there is authorized to be
appropriated to the Secretary of Homeland Security for
carrying out the Minority Serving Institutions Program
$8,000,000 for fiscal year 2008.
(c) Centers of Excellence Program Participation.--
(1) Requirement.--If, by the date of the enactment of this
Act, the Secretary of Homeland Security has not selected a
Minority Serving Institution to participate as a Center of
Excellence under the Department of Homeland Security Centers
of Excellence Program, at least one of the next four Centers
of Excellence selected after the date of enactment of this
Act shall be an otherwise eligible applicant that is a
Minority Serving Institution.
(2) Minority serving institution defined.--In this
subsection the term ``Minority Serving Institution'' means--
(A) an historically black college or university that
receives assistance under part B of title III of the Higher
Education Act of 1965 (20 U.S.C. 106 et seq);
(B) an Hispanic-serving institution (as that term is
defined in section 502 of the Higher Education Act of 1965
(20 U.S.C. 1101a); or
(C) a tribally controlled college or university (as that
term is defined in section 2 of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C.
1801)).
SEC. 803. NATIONAL RESEARCH COUNCIL STUDY OF UNIVERSITY
PROGRAMS.
(a) Study.--Not later than 3 months after the date of
enactment of this Act, the Under Secretary for Science and
Technology of the Department of Homeland Security shall seek
to enter into an agreement with the National Research Council
of the National Academy of Sciences to conduct a study to
assess the University Programs of the Department, with an
emphasis on the Centers of Excellence Program and the future
plans for these programs, and make recommendations for
appropriate improvements.
(b) Subjects.--The study shall include--
(1) a review of key areas of study needed to support the
homeland security mission, and criteria that should be
utilized to determine those key areas for which the
Department should maintain or establish Centers of
Excellence;
(2) a review of selection criteria and weighting of such
criteria for Centers of Excellence;
(3) an examination of the optimal role of Centers of
Excellence in supporting the mission of the Directorate of
Science and Technology and the most advantageous relationship
between the Centers of Excellence and the Directorate and the
Department components the Directorate serves;
(4) an examination of the length of time the Centers of
Excellence should be awarded funding and the frequency of the
review cycle in order to maintain such funding, particularly
given their focus on basic, long term research;
(5) identification of the most appropriate review criteria
and metrics to measure demonstrable progress, and mechanisms
for delivering and disseminating the research results of
established Centers of Excellence within the Department, and
to other Federal, State, and local agencies;
(6) an examination of the means by which academic
institutions that are not designated or associated with
Centers of Excellence can optimally contribute to the
research mission of the Directorate;
(7) an assessment of the interrelationship between the
different University Programs; and
(8) a review of any other essential elements of the
University Programs to be determined in the conduct of the
study.
(c) Report.--The Under Secretary for Science and Technology
shall transmit a report containing the results of the study
and recommendations required by subsection (a) and the Under
Secretary's response to the recommendations, to the
appropriate Congressional committees not later than 24 months
after the date of enactment of this Act.
(d) Authorization of Appropriations.--Of the amount
authorized in section 101, there is authorized to be
appropriated to carry out this section $500,000.
SEC. 804. STREAMLINING OF SAFETY ACT AND ANTITERRORISM
TECHNOLOGY PROCUREMENT PROCESSES.
(a) Personnel.--The Secretary of Homeland Security shall
ensure that, in addition to any personnel engaged in
technical evaluations that may be appropriate, a sufficient
number of full-time equivalent personnel, who are properly
trained and qualified to apply legal, economic, and risk
analyses, are involved in the review and prioritization of
antiterrorism technologies for the purpose of determining
whether such technologies may be designated by the Secretary
as qualified antiterrorism technologies under
[[Page H4681]]
section 862(b) of the SAFETY Act (6 U.S.C. 441(b)) or
certified by the Secretary under section 863(d) of such Act
(6 U.S.C. 442(d)).
(b) Coordination Within Department of Homeland Security.--
The Secretary of Homeland Security shall--
(1) establish a formal coordination process that includes
the official of the Department of Homeland Security with
primary responsibility for the implementation of the SAFETY
Act, the Chief Procurement Officer of the Department, the
Under Secretary for Science and Technology, the Under
Secretary for Policy, and the Department of Homeland Security
General Counsel to ensure the maximum application of the
litigation and risk management provisions of the SAFETY Act
to antiterrorism technologies procured by the Department; and
(2) promote awareness and utilization of the litigation and
risk management provisions of the SAFETY Act in the
procurement of antiterrorism technologies.
(c) Issuance of Departmental Directive.--The Secretary of
Homeland Security shall, in accordance with the final rule
implementing the SAFETY Act, issue a Departmental management
directive providing for coordination between Department
procurement officials and any other Department official
responsible for implementing the SAFETY Act in advance of any
Department procurement of an antiterrorism technology, as
required under subsection (b).
SEC. 805. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL
COOPERATION ACT.
(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is further amended by adding at
the end the following:
``SEC. 319. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL
COOPERATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director
selected under subsection (b)(2).
``(2) International cooperative activity.--The term
`international cooperative activity' includes--
``(A) coordinated research projects, joint research
projects, or joint ventures;
``(B) joint studies or technical demonstrations;
``(C) coordinated field exercises, scientific seminars,
conferences, symposia, and workshops;
``(D) training of scientists and engineers;
``(E) visits and exchanges of scientists, engineers, or
other appropriate personnel;
``(F) exchanges or sharing of scientific and technological
information; and
``(G) joint use of laboratory facilities and equipment.
``(b) Science and Technology Homeland Security
International Cooperative Programs Office.--
``(1) Establishment.--The Under Secretary shall establish
the Science and Technology Homeland Security International
Cooperative Programs Office.
``(2) Director.--The Office shall be headed by a Director,
who--
``(A) shall be selected by and shall report to the Under
Secretary; and
``(B) may be an officer of the Department serving in
another position.
``(3) Responsibilities.--
``(A) Development of mechanisms.--The Director shall be
responsible for developing, in consultation with the
Department of State, understandings or agreements that allow
and support international cooperative activity in support of
homeland security research, development, and comparative
testing.
``(B) Priorities.--The Director shall be responsible for
developing, in coordination with the Directorate of Science
and Technology, the other components of the Department of
Homeland Security, and other Federal agencies, strategic
priorities for international cooperative activity in support
of homeland security research, development, and comparative
testing.
``(C) Activities.--The Director shall facilitate the
planning, development, and implementation of international
cooperative activity to address the strategic priorities
developed under subparagraph (B) through mechanisms the Under
Secretary considers appropriate, including grants,
cooperative agreements, or contracts to or with foreign
public or private entities, governmental organizations,
businesses, federally funded research and development
centers, and universities.
``(D) Identification of partners.--The Director shall
facilitate the matching of United States entities engaged in
homeland security research with non-United States entities
engaged in homeland security research so that they may
partner in homeland security research activities.
``(4) Coordination.--The Director shall ensure that the
activities under this subsection are coordinated with those
of other relevant research agencies, and may run projects
jointly with other agencies.
``(5) Conferences and workshops.--The Director may hold
international homeland security technology workshops and
conferences to improve contact among the international
community of technology developers and to help establish
direction for future technology goals.
``(c) International Cooperative Activities.--
``(1) Authorization.--The Under Secretary is authorized to
carry out international cooperative activities to support the
responsibilities specified under section 302.
``(2) Mechanisms and equitability.--In carrying out this
section, the Under Secretary may award grants to and enter
into cooperative agreements or contracts with United States
governmental organizations, businesses (including small
businesses and small and disadvantaged businesses), federally
funded research and development centers, institutions of
higher education, and foreign public or private entities. The
Under Secretary shall ensure that funding and resources
expended in international cooperative activities will be
equitably matched by the foreign partner organization through
direct funding or funding of complementary activities, or
through provision of staff, facilities, materials, or
equipment.
``(3) Loans of equipment.--The Under Secretary may make or
accept loans of equipment for research and development and
comparative testing purposes.
``(4) Cooperation.--The Under Secretary is authorized to
conduct international cooperative activities jointly with
other agencies.
``(5) Foreign partners.--Partners may include Israel, the
United Kingdom, Canada, Australia, Singapore, and other
allies in the global war on terrorism, as appropriate.
``(6) Exotic diseases.--As part of the international
cooperative activities authorized in this section, the Under
Secretary, in coordination with the Chief Medical Officer,
may facilitate the development of information sharing and
other types of cooperative mechanisms with foreign countries,
including nations in Africa, to strengthen American
preparedness against threats to the Nation's agricultural and
public health sectors from exotic diseases.
``(d) Budget Allocation.--There is authorized to be
appropriated to the Secretary, to be derived from amounts
otherwise authorized for the Directorate of Science and
Technology, $25,000,000 for each of the fiscal years 2008
through 2011 for activities under this section.
``(e) Foreign Reimbursements.--Whenever the Science and
Technology Homeland Security International Cooperative
Programs Office participates in an international cooperative
activity with a foreign country on a cost-sharing basis, any
reimbursements or contributions received from that foreign
country to meet its share of the project may be credited to
appropriate current appropriations accounts of the
Directorate of Science and Technology.
``(f) Report to Congress on International Cooperative
Activities.--
``(1) Initial report.--Not later than 180 days after the
date of enactment of this section, the Under Secretary,
acting through the Director, shall transmit to the Congress a
report containing--
``(A) a brief description of each partnership formed under
subsection (b)(4), including the participants, goals, and
amount and sources of funding; and
``(B) a list of international cooperative activities
underway, including the participants, goals, expected
duration, and amount and sources of funding, including
resources provided to support the activities in lieu of
direct funding.
``(2) Updates.--At the end of the fiscal year that occurs 5
years after the transmittal of the report under subsection
(a), and every 5 years thereafter, the Under Secretary,
acting through the Director, shall transmit to the Congress
an update of the report required under subsection (a).''.
(b) Clerical Amendment.--The table of contents for the
Homeland Security Act of 2002 is further amended by adding at
the end of the items relating to such title the following new
item:
``Sec. 319. Promoting antiterrorism through international cooperation
program.''.
TITLE IX--BORDER SECURITY IMPROVEMENTS
SEC. 901. US-VISIT.
(a) In General.--Not later than 7 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate, the
comprehensive strategy required by section 7208 of the
Intelligence Reform and Terrorism Prevention Act of 2004 for
the biometric entry and exit data system (commonly referred
to as the United States Visitor and Immigrant Status
Indicator Technology program or US-VISIT) established under
the section and other laws described in subsection (b) of
such section. The comprehensive strategy shall include an
action plan for full implementation of the biometric exit
component of US-VISIT, as required under subsection (d) of
section 7208 of such Act.
(b) Contents.--The comprehensive strategy and action plan
referred to in subsection (a) shall, at a minimum, include
the following:
(1) An explanation of how US-VISIT will allow law
enforcement officials to identify individuals who overstay
their visas.
(2) A description of biometric pilot projects, including
the schedule for testing, locations, cost estimates,
resources needed, and performance measures.
(3) An implementation schedule for deploying future
biometric exit capabilities at all air, land, and sea ports
of entry.
(4) The actions the Secretary plans to take to accelerate
the full implementation of the biometric exit component of
US-VISIT at all air, land, and sea ports of entry.
(c) Airport and Seaport Exit Implementation.--Not later
than December 31, 2008, the Secretary of Homeland Security
shall complete the exit portion of the biometric entry and
exit data system referred to in subsection (a) for aliens
arriving in or departing from the United States at an airport
or seaport.
(d) Prohibition on Transfer.--The Secretary of Homeland
Security shall not transfer to the National Protection and
Programs Directorate of the Department of Homeland Security
the office of the Department that carries out the biometric
entry and exit data system referred to in subsection (a)
until the Secretary submits to the committees specified in
such subsection the action plan referred to in such
subsection for full implementation of the biometric exit
component of US-VISIT at all ports of entry.
[[Page H4682]]
SEC. 902. SHADOW WOLVES PROGRAM.
Of the amount authorized by section 101, there is
authorized to be appropriated $4,100,000 for fiscal year 2008
for the Shadow Wolves program.
SEC. 903. COST-EFFECTIVE TRAINING FOR BORDER PATROL AGENTS.
(a) In General.--The Secretary of Homeland Security shall
take such steps as may be necessary to control the costs of
hiring, training, and deploying new Border Patrol agents,
including--
(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) directing the Office of Inspector General to conduct a
review of the costs and feasibility of training new Border
Patrol agents at Federal training centers, including the
Federal Law Enforcement Training Center facility in
Charleston, South Carolina, and the HAMMER facility in
Hanford, Washington, and at training facilities operated by
State and local law enforcement academies, non-profit
entities, and private entities, including institutions in the
southwest border region, as well as the use of all of the
above to conduct portions of such training.
(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 2008 per-agent cost of hiring, training,
and deploying each new Border Patrol agent does not exceed
$150,000.
(2) Exception and certification.--If the Secretary
determines that the per-agent cost referred to in paragraph
(1) exceeds $150,000, the Secretary shall promptly submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a certification explaining
why such per-agent cost exceeds such amount.
SEC. 904. STUDENT AND EXCHANGE VISITOR PROGRAM.
(a) In General.--Section 442 of the Homeland Security Act
of 2002 (6 U.S.C. 252) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (5) as paragraph (10); and
(B) by inserting after paragraph (4) the following:
``(5) Student and exchange visitor program.--In
administering the program under paragraph (4), the Secretary
shall--
``(A) prescribe regulations to require an institution or
exchange visitor program sponsor participating in the Student
and Exchange Visitor Program to ensure that each covered
student or exchange visitor enrolled at the institution or
attending the exchange visitor program--
``(i) is an active participant in the program for which the
covered student or exchange visitor was issued a visa to
enter the United States;
``(ii) is not unobserved for any period--
``(I) exceeding 30 days during any academic term or program
in which the covered student or exchange visitor is enrolled;
or
``(II) exceeding 60 days during any period not described in
subclause (I); and
``(iii) is reported to the Department if within 21 days
of--
``(I) transferring to another institution or program; or
``(II) being hospitalized or otherwise incapacitated
necessitating a prolonged absence from the academic
institution or exchange visitor program; and
``(B) notwithstanding subparagraph (A), require each
covered student or exchange visitor to be observed at least
once every 60 days.
``(6) Enhanced access.--The Secretary shall provide access
to the Student and Exchange Visitor Information System
(hereinafter in this subsection referred to as the `SEVIS'),
or other equivalent program or system, to appropriate
employees of an institution or exchange visitor program
sponsor participating in the Student and Exchange Visitor
Program if--
``(A) at least two authorized users are identified at each
participating institution or exchange visitor sponsor;
``(B) at least one additional authorized user is identified
at each such institution or sponsor for every 200 covered
students or exchange visitors enrolled at the institution or
sponsor; and
``(C) each authorized user is certified by the Secretary as
having completed an appropriate training course provided by
the Department for the program or system.
``(7) Program support.--The Secretary shall provide
appropriate technical support options to facilitate use of
the program or system described in paragraph (4) by
authorized users.
``(8) Upgrades to sevis or equivalent data.--The Secretary
shall update the program or system described in paragraph (4)
to incorporate new data fields that include--
``(A) verification that a covered student's performance
meets the minimum academic standards of the institution in
which such student is enrolled; and
``(B) timely entry of academic majors, including changes to
majors, of covered students and exchange visitors enrolled at
institutions or exchange program sponsors participating in
the Student and Exchange Visitor Program.
``(9) Savings clause.-- Nothing in this section shall
prohibit the Secretary or any institution or exchange program
sponsor participating in the Student Exchange Visitor Program
from requiring more frequent observations of covered students
or exchange visitors.''; and
(2) by adding at the end the following:
``(d) Definitions.--For purposes of this section:
``(1) The term `covered student' means a student who is a
nonimmigrant pursuant to section 101(1)(15)(F),
101(1)(15)(J), or 101(1)(15)(M) of the Immigration and
Nationality Act of 1952.
``(2) The term `observed' means positively identified by
physical or electronic means.
``(3) The term `authorized user' means an individual
nominated by an institution participating in the Student
Exchange Visitor Program and confirmed by the Secretary as
not appearing on any terrorist watch list.
``(e) Authorization of Appropriations.--Of the amount
authorized by section 101 of the Department of Homeland
Security Authorization Act for Fiscal Year 2008, there are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this section.''.
(b) Comptroller General Review.--The Comptroller General
shall conduct a review of the fees for the Student and
Exchange Visitor Program of the Department of Homeland
Security. The Comptroller General shall include in such
review data from fiscal years 2004 through 2007 and shall
consider fees collected by the Department and all expenses
associated with the review, issuance, maintenance, data
collection, and enforcement functions of the Student and
Exchange Visitor Program.
SEC. 905. ASSESSMENT OF RESOURCES NECESSARY TO REDUCE
CROSSING TIMES AT LAND PORTS OF ENTRY.
The Secretary of Homeland Security shall, not later than
180 days after the date of the enactment of this Act, conduct
an assessment, and submit a report to the Congress, on the
personnel, infrastructure, and technology required to reduce
border crossing wait times for pedestrian, commercial, and
non-commercial vehicular traffic at land ports of entry into
the United States to wait times less than prior to September
11, 2001, while ensuring appropriate security checks continue
to be conducted.
SEC. 906. BIOMETRIC IDENTIFICATION OF UNAUTHORIZED ALIENS.
(a) In General.--The Secretary of Homeland Security shall
conduct a pilot program for the mobile biometric
identification in the maritime environment of aliens
unlawfully present in the United States.
(b) Requirements.--The Secretary shall ensure that the
pilot program is coordinated with other biometric
identification programs within the Department of Homeland
Security and shall evaluate the costs and feasibility of
expanding the capability to all appropriate Department of
Homeland Security maritime vessels.
(c) Authorization of Appropriations.--Of the amounts
authorized in section 101, there is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 907. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE
REGARDING POLICIES AND PROCEDURES OF THE BORDER
PATROL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report regarding the policies and procedures of the Border
Patrol pertaining to the use of lethal and non-lethal force
and the pursuit of fleeing vehicles, including data on the
number of incidents in which lethal or non-lethal force was
used and any penalties that were imposed on Border Patrol
agents as a result of such use.
(b) Consultation.--
(1) Requirement.--In complying with this section, the
Comptroller General shall consult with Customs and Border
Protection and with representatives of the following:
(A) State and local law enforcement agencies located along
the northern and southern international borders of the United
States.
(B) The National Border Patrol Council.
(C) The National Association of Former Border Patrol
Officers.
(D) Human rights groups with experience regarding aliens
who cross the international land borders of the United
States.
(E) Any other group that the Comptroller General determines
would be appropriate.
(2) Inclusion of opinions.--The Comptroller General shall
attach written opinions provided by groups referenced to in
paragraph (1) as appendices to the report.
TITLE X--INFORMATION SHARING IMPROVEMENTS
SEC. 1001. STATE AND LOCAL FUSION CENTER PROGRAM.
(a) In General.--Subtitle I of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 481 et seq.) is amended by
striking sections 895 through 899 and inserting the
following:
``SEC. 895. STATE AND LOCAL FUSION CENTER PROGRAM.
``(a) Establishment.--The Secretary shall establish within
the Department a State and Local Fusion Center Program. The
program shall be overseen by the component charged with
overseeing information sharing of homeland security
information with State, local and tribal law enforcement. The
purpose of the State and Local Fusion Center Program is to
facilitate information sharing between the Department and
State, local, and tribal law enforcement for homeland
security and other purposes.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary such sums as are
necessary for the Secretary to carry out the purpose of the
State and Local Fusion Center Program, including for--
``(1) deploying Department personnel with intelligence and
operational skills to State and local fusion centers
participating in the Program;
``(2) hiring and maintaining individuals with substantial
law enforcement experience who have retired from public
service and deploying such individuals to State and local
fusion centers participating in the Program (with the consent
of such centers); and
[[Page H4683]]
``(3) maintaining an adequate number of staff at the
headquarters of the Department to sustain and manage the
portion of the Program carried out at the headquarters and to
otherwise fill positions vacated by Department staff deployed
to State and local fusion centers participating in the
Program.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by striking the items relating to
sections 895 through 899 and inserting the following:
``Sec. 895. State and Local Fusion Center Program.''.
(c) Prior Amendments Not Affected.--This section shall not
be construed to affect the application of sections 895
through 899 of the Homeland Security Act of 2002 (including
provisions enacted by the amendments made by those sections),
as in effect before the effective date of this section.
SEC. 1002. FUSION CENTER PRIVACY AND CIVIL LIBERTIES TRAINING
PROGRAM.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following new section:
``SEC. 203. FUSION CENTER PRIVACY AND CIVIL LIBERTIES
TRAINING PROGRAM.
``(a) Establishment.--The Secretary, through the Assistant
Secretary for Information Analysis, the Privacy Officer, and
the Officer for Civil Rights and Civil Liberties, shall
establish a program within the Office of Civil Rights and
Civil Liberties to provide privacy, civil liberties, and
civil rights protection training for appropriate Department
employees and State, local, tribal employees serving in State
and local fusion centers participating in the State and Local
Fusion Center Program.
``(b) Mandatory Training.--
``(1) Department employees.--The Secretary shall require
each employee of the Department who is embedded at a State or
local fusion center and has access to United States citizens
and legal permanent residents personally identifiable
information to successfully complete training under the
program established under subsection (a).
``(2) Fusion center representatives.--As a condition of
receiving a grant from the Department, a fusion center shall
require each State, local, tribal, or private sector
representative of the fusion center to successfully complete
training under the program established under subsection (a)
not later than six months after the date on which the State
or local fusion center at which the employee is embedded
receives a grant from the Department.
``(c) Contents of Training.--Training provided under the
program established under subsection (a) shall include
training in Federal law in each of the following:
``(1) Privacy, civil liberties, and civil rights policies,
procedures, and protocols that can provide or control access
to information at a State or local fusion center.
``(2) Privacy awareness training based on section 552a of
title 5, United States Code, popularly known as the Privacy
Act of 1974.
``(3) The handling of personally identifiable information
in a responsible and appropriate manner.
``(4) Appropriate procedures for the destruction of
information that is no longer needed.
``(5) The consequences of failing to provide adequate
privacy and civil liberties protections.
``(6) Compliance with Federal regulations setting standards
for multijurisdictional criminal intelligence systems,
including 28 CFR 23 (as in effect on the date of the
enactment of this section).
``(7) The use of immutable auditing mechanisms designed to
track access to information at a State or local fusion
center.
``(d) Certification of Training.--The Secretary, acting
through the head of the Office of Civil Rights and Civil
Liberties, shall issue a certificate to each person who
completes the training under this section and performs
successfully in a written examination administered by the
Office of Civil Rights and Civil Liberties. A copy of each
such certificate issued to an individual working at a
participating fusion center shall be kept on file at that
fusion center.
``(e) Authorization of Appropriations.--Of the amounts
authorized by section 101, there are authorized to be
appropriate to carry out this section--
``(1) $3,000,000 for each of fiscal years 2008 through
2013; and
``(2) such sums as may be necessary for each subsequent
fiscal year.''.
(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. 203. Fusion center privacy and civil liberties training
program.''.
SEC. 1003. AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF
FEDERAL ANNUITANTS FOR THE OFFICE OF
INFORMATION ANALYSIS.
(a) Definitions.--For purposes of this section--
(1) the term ``IA'' means the Office of Information
Analysis;
(2) the term ``annuitant'' means an annuitant under a
Government retirement system;
(3) the term ``Government retirement system'' has the
meaning given such term by section 501(a); and
(4) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code.
(b) Appointment Authority.--The Secretary (acting through
the Assistant Secretary for Information Analysis) may, for
the purpose of accelerating the ability of IA to perform its
statutory duties under the Homeland Security Act of 2002,
appoint annuitants to positions in IA in accordance with
succeeding provisions of this section.
(c) Noncompetitive Procedures; Exemption From Offset.--An
appointment made under subsection (b) shall not be subject to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and any annuitant
serving pursuant to such an appointment shall be exempt from
sections 8344 and 8468 of such title 5 (relating to annuities
and pay on reemployment) and any other similar provision of
law under a Government retirement system.
(d) Limitations.--No appointment under subsection (b) may
be made if such appointment would result in the displacement
of any employee or would cause the total number of positions
filled by annuitants appointed under such subsection to
exceed 100 as of any time (determined on a full-time
equivalent basis).
(e) Rule of Construction.--An annuitant as to whom an
exemption under subsection (c) is in effect shall not be
considered an employee for purposes of any Government
retirement system.
(f) Termination.--Upon the expiration of the 5-year period
beginning on the date of the enactment of this Act--
(1) any authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
TITLE XI--MISCELLANEOUS PROVISIONS
SEC. 1101. ELIGIBLE USES FOR INTEROPERABILITY GRANTS.
The Secretary of Homeland Security shall ensure that all
funds administered by the Department of Homeland Security to
support the interoperable communications needs of State,
local, and tribal agencies, including funds administered
pursuant to a Memorandum of Understanding or other agreement,
may be used to support the standards outlined in the SAFECOM
interoperability continuum, including governance, standard
operating procedures, technology, training and exercises, and
usage.
SEC. 1102. RURAL HOMELAND SECURITY TRAINING INITIATIVE.
(a) Establishment.--The Secretary of Homeland Security
shall establish a program to be administered by the Director
of the Federal Law Enforcement Training Center of the
Department of Homeland Security to expand homeland security
training to units of local and tribal governments located in
rural areas. The Secretary shall take the following actions:
(1) Evaluation of needs of rural areas.--The Secretary
shall evaluate the needs of such areas.
(2) Development of training programs.--The Secretary shall
develop expert training programs designed to respond to the
needs of such areas, including, but not limited to, those
pertaining to rural homeland security responses including
protections for privacy, and civil rights and civil
liberties.
(3) Provision of training programs.--The Secretary shall
provide to such areas the training programs developed under
paragraph (2).
(4) Outreach efforts.--The Secretary shall conduct outreach
efforts to ensure that such areas are aware of the training
programs developed under paragraph (2) so that such programs
are made available to units of local government and tribal
governments located in rural areas.
(b) No Duplication or Displacement of Current Programs.--
Any training program developed under paragraph (2) of
subsection (a) and any training provided by the program
pursuant to such subsection shall be developed or provided,
respectively, in a manner so as to not duplicate or displace
any program in existence on the date of the enactment of this
section.
(c) Prioritized Locations for Rural Homeland Security
Training.--In designating sites for the provision of training
under this section, the Secretary shall, to the maximum
extent possible and as appropriate, give priority to
facilities of the Department of Homeland Security in
existence as of the date of the enactment of this Act and to
closed military installations, and to the extent possible,
shall conduct training onsite, at facilities operated by
participants.
(d) Rural Defined.--In this section, the term ``rural''
means an area that is not located in a metropolitan
statistical area, as defined by the Office of Management and
Budget.
SEC. 1103. CRITICAL INFRASTRUCTURE STUDY.
(a) In General.--The Secretary of Homeland Security shall
work with the Center for Risk and Economic Analysis of
Terrorism Events (CREATE), led by the University of Southern
California, to evaluate the feasibility and practicality of
creating further incentives for private sector stakeholders
to share protected critical infrastructure information with
the Department for homeland security and other purposes.
(b) Included Incentives.--Incentives evaluated under this
section shall include, but not be limited to, tax incentives,
grant eligibility incentives, and certificates of compliance
and other non-monetary incentives.
(c) Recommendations.--The evaluation shall also include
recommendations on the structure and thresholds of any
incentive program.
SEC. 1104. TERRORIST WATCH LIST AND IMMIGRATION STATUS REVIEW
AT HIGH-RISK CRITICAL INFRASTRUCTURE.
From amounts authorized under section 101, there may be
appropriated such sums as are necessary for the Secretary of
Homeland Security to require each owner or operator of a Tier
I or Tier II critical infrastructure site as selected for the
Buffer Zone Protection Program, to conduct checks of their
employees against available terrorist watch lists and
immigration status databases.
SEC. 1105. AUTHORIZED USE OF SURPLUS MILITARY VEHICLES.
The Secretary of Homeland Security shall include United
States military surplus vehicles having demonstrated utility
for responding to terrorist attacks, major disasters, and
other
[[Page H4684]]
emergencies on the Authorized Equipment List in order to
allow State, local, and tribal agencies to purchase, modify,
upgrade, and maintain such vehicles using homeland security
assistance administered by the Department of Homeland
Security.
SEC. 1106. COMPUTER CAPABILITIES TO SUPPORT REAL-TIME
INCIDENT MANAGEMENT.
From amounts authorized under section 101, there are
authorized such sums as may be necessary for the Secretary of
Homeland Security to encourage the development and use of
software- or Internet-based computer capabilities to support
real-time incident management by Federal, State, local, and
tribal agencies. Such software-based capabilities shall be
scalable and not be based on proprietary systems to ensure
the compatibility of Federal, State, local, and tribal first
responder agency incident management systems. In the
development and implementation of such computer capabilities,
the Secretary shall consider the feasibility and desirability
of including the following capabilities:
(1) Geographic information system data.
(2) Personnel, vehicle, and equipment tracking and
monitoring.
(3) Commodity tracking and other logistics management.
(4) Evacuation center and shelter status tracking.
(5) Such other capabilities as determined appropriate by
the Secretary.
SEC. 1107. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND
SECURITY GRANTS.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following new section:
``SEC. 890A. EXPENDITURE REPORTS AS A CONDITION OF HOMELAND
SECURITY GRANTS.
``(a) Quarterly Reports Required as a Condition of Homeland
Security Grants.--
``(1) Expenditure reports required.--As a condition of
receiving a grant administered by the Secretary, the
Secretary shall require the grant recipient to submit
quarterly reports to the Secretary describing the nature and
amount of each expenditure made by the recipient using grant
funds.
``(2) Deadline for reports.--Each report required under
paragraph (1) shall be submitted not later than 30 days after
the last day of a fiscal quarter and shall cover expenditures
made during that fiscal quarter.
``(b) Publication of Expenditures.--Not later than 30 days
after receiving a report under subsection (a), the Secretary
shall publish and make publicly available on the Internet
website of the Department a description of the nature and
amount of each expenditure covered by the report.
``(c) Protection of Sensitive Information.--In meeting the
requirements of this section, the Secretary shall take
appropriate action to ensure that sensitive information is
not disclosed.''.
(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. Expenditure reports as a condition of homeland security
grants.''.
SEC. 1108. ENCOURAGING USE OF COMPUTERIZED TRAINING AIDS.
The Under Secretary for Science and Technology of the
Department of Homeland Security shall use and make available
to State and local agencies computer simulations to help
strengthen the ability of municipalities to prepare for and
respond to a chemical, biological, or other terrorist attack,
and to standardize response training.
SEC. 1109. PROTECTION OF NAME, INITIALS, INSIGNIA, AND
DEPARTMENTAL 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 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 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 that constitutes or will constitute
conduct prohibited by paragraph (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 (1)(B) refers is a notice published in the
Federal Register including the name, initials, seal, or class
of titles protected under paragraph (1)(B) and a statement
that they are protected under that provision. The Secretary
may amend such notice 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.--For the purpose of this
subsection, the term `audiovisual production' means the
production of a work that consists of a series of related
images that 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. 1110. REPORT ON UNITED STATES SECRET SERVICE APPROACH TO
SHARING UNCLASSIFIED, LAW ENFORCEMENT SENSITIVE
INFORMATION WITH FEDERAL, STATE, AND LOCAL
PARTNERS.
(a) Report by Director of United States Secret Service.--
Not later than 240 days after the date of the enactment of
this Act, the Director of the United States Secret Service
shall submit to the Committee on Homeland Security of the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Inspector
General of the Department of Homeland Security a report
describing the approach of the Secret Service to sharing
unclassified, law enforcement sensitive information with
Federal, State, and local law enforcement agencies for
homeland security and other purposes.
(b) Report by Inspector General.--The Inspector General of
the Department of Homeland Security shall conduct a review of
the report submitted by the Director of the United States
Secret Service under subsection (a), and submit a report with
recommendations on whether and how such approach could be
incorporated throughout the Department to Congress within 240
days after receiving the report of the Director of the United
States Secret Service under subsection (a).
SEC. 1111. REPORT ON UNITED STATES SECRET SERVICE JAMES J.
ROWLEY TRAINING CENTER.
Within 240 days after the date of the enactment of this
Act, the Inspector General of the Department of Homeland
Security shall provide to the appropriate congressional
committees, including the Committees on Homeland Security and
Appropriations of the House of Representatives and the
Committees on Homeland Security and Governmental Affairs and
Appropriations of the Senate, a report describing the
following:
(1) The mission and training capabilities of the United
States Secret Service James J. Rowley Training Center.
(2) Current Secret Service personnel throughput capacity of
the James J. Rowley Training Center.
(3) Maximum Secret Service personnel throughput capacity of
the James J. Rowley Training Center.
(4) An assessment of what departmental components engage in
similar training activities as those conducted at the James
J. Rowley Training Center.
(5) An assessment of the infrastructure enhancements needed
to support the mission and training capabilities of the James
J. Rowley Training Center.
(6) An assessment of the actual and expected total
throughput capacity at the James J. Rowley Training Center,
including outside entity participants.
SEC. 1112. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:
``SEC. 522. METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM.
``(a) In General.--There is a Metropolitan Medical Response
System Program (in this section referred to as the
`program').
``(b) Purpose.--The purpose of the program shall be to
support local jurisdictions in enhancing and maintaining all-
hazards response capabilities to manage mass casualty
incidents (including terrorist acts using chemical,
biological, radiological, nuclear agents, or explosives,
large-scale hazardous materials incidents, epidemic disease
outbreaks, and natural disasters) by systematically enhancing
and integrating first responders, public health personnel,
emergency management personnel, business representatives, and
volunteers.
``(c) Program Administration.--The Assistant Secretary for
Health Affairs shall develop the programmatic and policy
guidance for the program in coordination with the
Administrator of the Federal Emergency Management Agency.
``(d) Personnel Costs.--The program shall not be subject to
an administrative cap on the hiring of personnel to conduct
program activities.
``(e) Financial Assistance.--
``(1) Administration.--The Administrator of the Federal
Emergency Management Agency shall administer financial
assistance provided to State and local jurisdictions under
the program.
``(2) Assistance to local jurisdictions.--In providing
financial assistance to a State under the program, the
Administrator shall ensure that 100 percent of the amount of
such assistance is allocated by the State to local
jurisdictions, except that a State may retain up to 20
percent of the amount of such assistance to facilitate
integration between the State and the local jurisdiction
pursuant to a written agreement between the State and the
chair of the Metropolitan Medical Response System steering
committee.
``(3) Mutual aid.--
[[Page H4685]]
``(A) Agreements.--Local jurisdictions receiving assistance
under the program are encouraged to develop and maintain
memoranda of understanding and agreement with neighboring
jurisdictions to support a system of mutual aid among the
jurisdictions.
``(B) Contents.--A memorandum referred to in subparagraph
(A) shall include, at a minimum, policies and procedures to--
``(i) enable the timely deployment of program personnel and
equipment across jurisdictions and, if relevant, across State
boundaries;
``(ii) share information in a consistent and timely manner;
and
``(iii) notify State authorities of the deployment of
program resources in a manner that ensures coordination with
State agencies without impeding the ability of program
personnel and equipment to respond rapidly to emergencies in
other jurisdictions.
``(f) Authorization of Appropriations.--Of the amounts
authorized by section 101 there is authorized to be
appropriated to carry out the program $63,000,000 for each of
the fiscal years 2008 through 2011.''.
(b) Program Review.--
(1) In general.--The Assistant Secretary for Health Affairs
shall conduct a review of the Metropolitan Medical Response
System Program.
(2) Content of review.--In conducting the review of the
program, the Assistant Secretary shall examine--
(A) strategic goals;
(B) objectives;
(C) operational capabilities;
(D) resource requirements;
(E) performance metrics;
(F) administration;
(G) whether the program would be more effective if it were
managed as a contractual agreement;
(H) the degree to which the program's strategic goals,
objectives, and capabilities are incorporated in State and
local homeland security plans; and
(I) challenges in the coordination among public health,
public safety, and other stakeholder groups to prepare for
and respond to mass casualty incidents.
(3) Report.--Not later than 9 months after the date of
enactment of this subsection, the Assistant Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the results of
the review.
(c) Conforming Amendments.--
(1) Repeal.--Section 635 of the Post-Katrina Management
Reform Act of 2006 (6 U.S.C. 723) is repealed.
(2) Table of contents.--The table of contents contained in
section 1(b) of the Homeland Security Act of 2002 is amended
by inserting after the item relating to section 521 the
following:
``Sec. 522. Metropolitan Medical Response System Program.''.
SEC. 1113. IDENTITY FRAUD PREVENTION GRANT PROGRAM.
(a) Findings.--Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon the
United States found that the 19 hijackers had been issued 16
State driver's licenses (from Arizona, California, Florida,
and Virginia) and 14 State identification cards (from
Florida, Maryland and Virginia).
(2) The Commission concluded that ``[s]ecure identification
should begin in the United States. The Federal Government
should set standards for the issuance of birth certificates
and sources of identification, such as driver's licenses.
Fraud in identification is no longer just a problem of theft.
At many entry points to vulnerable facilities, including
gates for boarding aircraft, sources of identification are
the last opportunity to ensure that people are who they say
they are and to check whether they are terrorists.''
(b) Grant Program.--Subtitle D of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by
adding at the end the following:
``SEC. 447. DOCUMENT FRAUD PREVENTION GRANT PROGRAM.
``(a) In General.--The Secretary shall establish a program
to make grants available to States to be used to prevent
terrorists and other individuals from fraudulently obtaining
and using State-issued identification cards and to develop
more secure State-issued documents to be used for official
Federal purposes.
``(b) Use of Funds.--A recipient of a grant under this
section may use the grant for any of the following purposes:
``(1) To develop machine readable technology, encryption
methods, or other means of protecting against unauthorized
access of information appearing on licenses or
identification.
``(2) To establish a system for a State-to-State data
exchange that allows electronic access to States to
information contained in a State department of motor vehicles
database.
``(3) To develop or implement a security plan designed to
safeguard the privacy of personal information collected,
maintained, and used by State motor vehicles offices from
unauthorized access, misuse, fraud, and identity theft.
``(4) To develop a querying service that allows access to
Federal databases in a timely, secure, and cost-effective
manner, in order to verify the issuance, validity, content,
and completeness of source documents provided by applicants
for identity documents issued by State agencies, including
departments of motor vehicles.
``(5) To develop a system for States to capture and store
digital images of identity source documents and photographs
of applicants in electronic format.
``(6) To design systems or establish procedures that would
reduce the number of in-person visits required to State
departments of motor vehicles to obtain State-issued identity
documents used for Federal official purposes.
``(c) Priority in Awarding Grants.--In awarding grants
under this section the Secretary shall give priority to a
State that demonstrates that--
``(1) the grant will assist the State in complying with any
regulation issued by the Department to prevent the fraudulent
issuance of identification documents to be used for official
Federal purposes; and
``(2) such compliance will facilitate the ability of other
States to comply with such regulations.
``(d) Limitation on Source of Funding.--The Secretary may
not use amounts made available under this section for any
other grant program of the Department to provide funding for
expenses related to the REAL ID Act of 2005 (Public Law 109-
13).
``(e) Authorization of Appropriations.--Of the amounts
authorized by section 101 there are authorized to be
appropriated to the Secretary for making grants under this
section--
``(1) $120,000,000 for fiscal year 2008;
``(2) $100,000,000 for fiscal year 2009; and
``(3) $80,000,000 for fiscal year 2010.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the items
relating to such subtitle the following:
``Sec. 447. Document fraud prevention grant program.''.
SEC. 1114. TECHNICAL CORRECTIONS.
The Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by striking
the items relating to the second title XVIII, as added by
section 501(b)(3) of Public Law 109-347, and inserting the
following:
``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal
agencies.
``Sec. 1906. Contracting and grant making authorities.''.
(2) by redesignating the second title XVIII, as added by
section 501(a) of Public Law 109-347, as title XIX;
(3) in title XIX (as so redesignated)--
(A) by redesignating sections 1801 through 1806 as sections
1901 through 1906, respectively;
(B) in section 1904(a) (6 U.S.C. 594(a)), as so
redesignated, by striking ``section 1802'' and inserting
``section 1902''; and
(C) in section 1906 (6 U.S.C. 596), as so redesignated, by
striking ``section 1802(a)'' each place it appears and
inserting ``section 1902(a)''.
SEC. 1115. CITIZEN CORPS.
Of the amount authorized to be appropriated under section
101, such sums as may be necessary shall be available to the
Secretary of Homeland Security to encourage the use of
Citizen Corps funding and local Citizen Corps Councils to
provide education and training for populations located around
critical infrastructure on preparing for and responding to
terrorist attacks, major disasters, and other emergencies.
SEC. 1116. REPORT REGARDING DEPARTMENT OF HOMELAND SECURITY
IMPLEMENTATION OF COMPTROLLER GENERAL AND
INSPECTOR GENERAL RECOMMENDATIONS REGARDING
PROTECTION OF AGRICULTURE.
(a) Report Required.--The Secretary of Homeland Security
shall prepare a report describing how the Department of
Homeland Security will implement the applicable
recommendations of the following reports:
(1) Comptroller General report entitled ``Homeland
Security: How Much is Being Done to Protect Agriculture from
a Terrorist Attack, but Important Challenges Remain'' (GAO-
05-214).
(2) Department of Homeland Security Office of Inspector
General report entitled ``The Department of Homeland
Security's Role in Food Defense and Critical Infrastructure
Protection'' (OIG-07-33).
(b) Submission of Report.--Not later than 120 days after
the date of the enactment of this Act, the Secretary shall
submit the report to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate. If the
Secretary determines that a specific recommendation will not
be implemented or will not be fully implemented, the
Secretary shall include in the report a description of the
reasoning or justification for the determination.
SEC. 1117. REPORT REGARDING LEVEE SYSTEM.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate congressional committees a
report analyzing the threat, vulnerability, and consequence
of a terrorist attack on the levee system of the United
States.
(b) Existing Reports.--In implementing this section, the
Secretary may build upon existing reports as necessary.
SEC. 1118. REPORT ON FORCE MULTIPLIER PROGRAM.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit to
the appropriate congressional committees a report on the
progress of the Secretary--
(1) in establishing procedures to ensure compliance with
section 44917(a)(7) of title 49, United States Code; and
(2) in accomplishing the operational aspects of the Force
Multiplier Program, as required pursuant to the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109-
295).
SEC. 1119. ELIGIBILITY OF STATE JUDICIAL FACILITIES FOR STATE
HOMELAND SECURITY GRANTS.
(a) In General.--States may utilize covered grants for the
purpose of providing funds to
[[Page H4686]]
State and local judicial facilities for security at those
facilities.
(b) Covered Grants.--For the purposes of this section, the
term ``covered grant'' means a grant under any of the
following programs of the Department of Homeland Security:
(1) The State Homeland Security Grant Program.
(2) The Urban Area Security Initiative.
SEC. 1120. AUTHORIZATION OF HOMELAND SECURITY FUNCTIONS OF
THE UNITED STATES SECRET SERVICE.
(a) Authorized Funding.--Of the amounts authorized by
section 101, there is authorized to be appropriated for
fiscal year 2008 for necessary expenses of the United States
Secret Service, $1,641,432,000.
(b) Authorized Personnel Strength.--The United States
Secret Service is authorized to provide 6,822 full-time
equivalent positions.
SEC. 1121. DATA SHARING.
The Secretary of Homeland Security shall provide
information relating to assistance requested or provided in
response to a terrorist attack, major disaster, or other
emergency, to Federal, State, or local law enforcement
entities to assist in the location of a missing child or
registered sex offender. In providing such information, the
Secretary shall take reasonable steps to protect the privacy
of individuals.
TITLE XII--MARITIME ALIEN SMUGGLING
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Maritime Alien Smuggling
Law Enforcement Act''.
SEC. 1202. CONGRESSIONAL DECLARATION OF FINDINGS.
The Congress finds and declares that maritime alien
smuggling violates the national sovereignty of the United
States, places the country at risk of terrorist activity,
compromises the country's border security, contravenes the
rule of law, and compels an unnecessary risk to life among
those who enforce the Nation's laws. Moreover, such maritime
alien smuggling creates a condition of human suffering among
those who seek to enter the United States without official
permission or lawful authority that is to be universally
condemned and vigorously opposed.
SEC. 1203. DEFINITIONS.
In this title:
(1) The term ``alien'' has the same meaning given that term
in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) The term ``lawful authority'' means permission,
authorization, or waiver that is expressly provided for in
the immigration laws of the United States or the regulations
prescribed thereunder and does not include any such authority
secured by fraud or otherwise obtained in violation of law or
authority that has been sought but not approved.
(3) The term ``serious bodily injury'' has the same meaning
given that term in section 1365 of title 18, United States
Code, including any conduct that would violate sections 2241
or 2242 of such title, if the conduct occurred in the special
maritime and territorial jurisdiction of the United States.
(4) The term ``State'' has the same meaning given that term
in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(5) The term ``terrorist activity'' has the same meaning
given that term in section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)).
(6) The term ``United States'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
(7) The term ``vessel of the United States'' and ``vessel
subject to the jurisdiction of the United States'' have the
same meanings given those terms in section 2 of the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1903).
SEC. 1204. MARITIME ALIEN SMUGGLING.
(a) Offense.--For purposes of enforcing Federal laws,
including those that pertain to port, maritime, or land
border security, no person on board a vessel of the United
States or a vessel subject to the jurisdiction of the United
States, or who is a citizen or national of the United States
or an alien who is paroled into or is a resident of the
United States on board any vessel, shall assist, encourage,
direct, induce, transport, move, harbor, conceal, or shield
from detection an individual in transit from one country to
another on the high seas, knowing or in reckless disregard of
the fact that such individual is an alien, known, or
suspected terrorist, or an individual seeking to commit
terrorist activity, seeking to enter the United States
without official permission or lawful authority.
(b) Attempt or Conspiracy.--Any person who attempts or
conspires to commit a violation of this title shall be
subject to the same penalties as those prescribed for the
violation, the commission of which was the object of the
attempt or conspiracy.
(c) Jurisdiction and Scope.--
(1) In general.--Jurisdiction of the United States with
respect to vessels and persons subject to this section is not
an element of any offense. All jurisdictional issues arising
under this section are preliminary questions of law to be
determined solely by the trial judge.
(2) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this section.
(3) Nonapplicability to lawful activities.--Nothing in this
title shall apply to otherwise lawful activities carried out
by or at the direction of the United States Government.
(d) Claim of Failure To Comply With International Law;
Jurisdiction of Court.--Any person charged with a violation
of this title shall not have standing to raise the claim of
failure to comply with international law as a basis for a
defense. A claim of failure to comply with international law
in the enforcement of this title may be invoked solely by a
foreign nation, and a failure to comply with international
law shall not divest a court of jurisdiction or otherwise
constitute a defense to any proceeding under this title.
(e) Affirmative Defense.--It shall be an affirmative
defense to a violation of this section, as to which the
defendant has the burden of proof by a preponderance of the
evidence, that prior to the alleged violation the defendant
rescued the alien at sea, if the defendant--
(1) immediately reported to the Coast Guard the
circumstances of the rescue, and the name, description,
registry number, and location of the rescuing vessel; and
(2) did not bring or attempt to bring the alien into the
land territory of the United States without official
permission or lawful authority, unless exigent circumstances
existed that placed the life of the alien in danger, in which
case the defendant must have reported to the Coast Guard the
information required by paragraph (1) of this subsection
immediately upon delivering that alien to emergency medical
personnel ashore.
(f) Admissibility of Evidence.--Notwithstanding any
provision of the Federal Rules of Evidence, the testimony of
Coast Guard personnel and official records of the Coast
Guard, offered to show either that the defendant did not
report immediately the information required by subsection (e)
or the absence of any such report by the defendant, shall be
admissible, and the jury shall be instructed, upon request of
the United States, that it may draw an inference from such
records or testimony in deciding whether the defendant
reported as required by subsection (e).
(g) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of
Evidence, the videotaped (or otherwise audiovisually or
electronically preserved) deposition of a witness to any
alleged violation of subsection (a) of this section who has
been repatriated, removed, extradited, or otherwise expelled
from or denied admission to the United States or who is
otherwise unable to testify may be admitted into evidence in
an action brought for that violation if the witness was
available for cross examination at the deposition and the
deposition otherwise complies with the Federal Rules of
Evidence.
(h) Penalties.--A person who commits any violation under
this section shall--
(1) be imprisoned for not less than 3 years and not more
than 20 years, fined not more than $100,000, or both;
(2) in a case in which the violation furthers or aids the
commission of any other criminal offense against the United
States or any State for which the offense is punishable by
imprisonment for more than 1 year, be imprisoned for not less
than 5 years and not more than 20 years, fined not more than
$100,000, or both;
(3) in a case in which any participant in the violation
created a substantial risk of death or serious bodily injury
to another person (including, but not limited to,
transporting a person in a shipping container, storage
compartment, or other confined space or at a speed in excess
of the rated capacity of the vessel), be imprisoned for not
less than 5 years and not more than 20 years, fined not more
than $100,000, or both;
(4) in a case in which the violation caused serious bodily
injury to any person, regardless of where the injury
occurred, be imprisoned for not less than 7 years and not
more than 30 years, fined not more than $500,000, or both;
(5) in a case in which the violation involved an alien who
the offender knew or had reason to believe was an alien
engaged in terrorist activity or intending to engage in
terrorist activity, be imprisoned for not less than 10 years
and not more than 30 years, fined not more than $500,000, or
both; and
(6) in the case where the violation caused or resulted in
the death of any person regardless of where the death
occurred, be punished by death or imprisoned for not less
than 10 years and up to a life sentence, fined not more than
$1,000,000, or both.
SEC. 1205. SEIZURE OR FORFEITURE OF PROPERTY.
(a) In General.--Any conveyance (including any vessel,
vehicle, or aircraft) that has been or is being used in the
commission of any violation of this title), the gross
proceeds of such violation, and any property traceable to
such conveyance or proceeds shall be seized and subject to
forfeiture in the same manner as property seized or forfeited
under section 274 of the Immigration and Nationality Act (8
U.S.C. 1324).
(b) Prima Facie Evidence of Violations of the Title.--
Practices commonly recognized as alien smuggling tactics may
provide prima facie evidence of intent to use a vessel to
commit, or to facilitate the commission of, a violation of
this title and may support seizure and forfeiture of the
vessel, even in the absence aboard the vessel of an alien in
unlawful transit. The following indicia may be considered, in
the totality of the circumstances, to be prima facie evidence
that a vessel is intended to be used to commit, or to
facilitate the commission of, a violation of this title:
(1) The construction or adaptation of the vessel in a
manner that facilitates smuggling, including--
(A) the configuration of the vessel to avoid being detected
visually or by radar;
(B) the presence of any compartment or equipment that is
built or fitted out for smuggling (excluding items reasonably
used for the storage of personal valuables);
(C) the presence of an auxiliary fuel, oil, or water tank
not installed in accordance with applicable law or installed
in such a manner as to enhance the vessel's smuggling
capability;
[[Page H4687]]
(D) the presence of engines, the power of which exceeds the
design specifications or size of the vessel;
(E) the presence of materials used to reduce or alter the
heat or radar signature of the vessel or avoid detection;
(F) the presence of a camouflaging paint scheme or
materials used to camouflage the vessel; and
(G) the display of false vessel registration numbers, false
indicia of vessel nationality, false vessel name, or false
vessel homeport.
(2) The presence or absence of equipment, personnel, or
cargo inconsistent with the type or declared purpose of the
vessel.
(3) The presence of fuel, lube oil, food, water, or spare
parts inconsistent with legitimate operation of the vessel,
the construction or equipment of the vessel, or the character
of the vessel.
(4) The operation of the vessel without lights during times
lights are required to be displayed under applicable law or
regulation or in a manner of navigation.
(5) The failure of the vessel to stop, respond, or heave to
when hailed by an official of the Federal Government,
including conducting evasive maneuvers.
(6) The declaration to the Federal Government of apparently
false information about the vessel, crew, or voyage or the
failure to identify the vessel by name or country of
registration when requested to do so by a Government
official.
(c) Prima Facie Evidence of the Absence of Lawful Authority
To Enter.--Notwithstanding any provision of the Federal Rules
of Evidence, in determining whether a violation of this title
has occurred, any of the following shall be prima facie
evidence in an action for seizure or forfeiture pursuant to
this section that an alien involved in the alleged offense
had not received prior official permission or legal
authorization to come to, enter, or reside in the United
States or that such alien had come to, entered, or remained
in the United States in violation of law:
(1) Any order, finding, or determination concerning the
alien's status or lack thereof made by a Federal judge or
administrative adjudicator (including an immigration judge or
an immigration officer) during any judicial or administrative
proceeding authorized under the immigration laws or
regulations prescribed thereunder.
(2) Official records of the Department of Homeland
Security, the Department of Justice, or the Department of
State concerning the alien's status or lack thereof.
(3) Testimony by an immigration officer having personal
knowledge of the facts concerning the alien's status or lack
thereof.
The Acting CHAIRMAN. No amendment to the committee amendment is in
order except those printed in House Report 110-136. Each amendment may
be offered only in the order printed in the report, by a Member
designated in the report, shall be considered read, shall be debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent of the amendment, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
Amendment No. 1 Offered by Mr. Thompson of Mississippi
The Acting CHAIRMAN. It is now in order to consider amendment No. 1
printed in House Report 110-136.
Mr. THOMPSON of Mississippi. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Thompson of Mississippi:
In the proposed section 401(b)(3)(B), as proposed to be
added by section 201 of the bill, insert before the period at
the end the following: ``, excluding each agency that is a
distinct entity within the Department''.
In the proposed section 401(b)(3)(E), as proposed to be
added by section 201 of the bill, insert before the period at
the end the following: ``, consistent with this section''.
Strike subsection (b) of the proposed section 707, as
proposed to be added by section 202 of the bill, and insert
the following:
``(b) Coordination.--The Secretary shall direct the Chief
Operating Officer of each component agency to coordinate with
that Officer's respective Chief Operating Officer of the
Department to ensure that the component agency adheres to
Government-wide laws, rules, regulations, and policies to
which the Department is subject and which the Chief Operating
Officer is responsible for implementing.''.
In the proposed section 707(c), strike ``reporting to'' and
insert ``coordinating with''.
In the proposed section 402(d), as proposed to be added by
section 203 of the bill, insert after ``submit to the
Committee on Homeland Security'' the following: ``and the
Committee on Transportation and Infrastructure''.
Strike the proposed subsection (d), as proposed to be added
by section 208 of the bill, and insert the following:
``(d) Authority of Assistant Secretary for Legislative
Affairs Over Departmental Counterparts.--The Secretary for
the Department shall ensure that the Assistant Secretary for
Legislative Affairs has adequate authority or the Assistant
Secretary's respective counterparts in component agencies of
the Department to ensure that such component agencies adhere
to the laws, rules, and regulations to which the Department
is subject and the departmental policies that the Assistant
Secretary for Legislative Affairs is responsible for
implementing.''.
In section 301(c), after ``submit to the Committee on
Homeland Security'' the following: ``and the Committee on
Oversight and Government Reform''.
In the proposed subsection (d)(1), as proposed to be added
by section 302 of the bill, strike ``and the Committee on
Homeland Security and Governmental Affairs of the Senate''
and insert ``, the Committee on Homeland Security and
Governmental Affairs of the Senate, and other appropriate
congressional committees''.
In the proposed subsection (d)(2), as proposed to be added
by section 302 of the bill, strike ``and the Committee on
Homeland Security and Governmental Affairs of the Senate''
and insert ``, the Committee on Homeland Security and
Governmental Affairs of the Senate, and other appropriate
congressional committees''.
In the proposed section 104(a), as proposed to be added by
section 304 of the bill, insert after ``congressional
homeland security committees'' the following: ``and other
appropriate congressional committees''.
Strike section 305 and conform the table of contents
accordingly.
In section 402, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through
the Chief Procurement Officer) may, for the purpose of
supporting the Department's acquisition capabilities and
enhancing contract management throughout the Department,
appoint annuitants to positions in procurement offices in
accordance with succeeding provisions of this section, except
that no authority under this subsection shall be available
unless the Secretary provides to Congress a certification
that--
(1) the Secretary has submitted a request under section
8344(i) or 8468(f) of title 5, United States Code, on or
after the date of the enactment of this Act, with respect to
positions in procurement offices;
(2) the request described in paragraph (1) was properly
filed; and
(3) the Office of Personnel Management has not responded to
the request described in paragraph (1), by either approving,
denying, or seeking more information regarding such request,
within 90 days after the date on which such request was
filed.
In section 402, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
In the proposed section 837(b), as proposed to be added by
section 403 of the bill, after ``require the contractor to
submit'' insert the following: ``past performance''.
In section 406, strike subsection (c) and redesignate
subsection (d) as subsection (c).
In the proposed section 839(b), as proposed to be added by
section 407 of the bill, strike paragraph (4).
In the proposed section 839(d), strike ``the micro-purchase
threshold (as defined in section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428))'' and insert ``the
simplified acquisition threshold (as defined in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C.
403))''.
In the proposed section 839, as proposed to be added by
section 407 of the bill, strike subsection (f).
In section 408(c), strike ``the Department of Homeland
Security shall consider'' and insert ``The Secretary of
Homeland Security shall consider, among the other factors the
Secretary deems relevant,''.
Strike section 409, redesignate section 410 as section 409,
and conform the table of contents accordingly.
In section 409, as so redesignated, strike ``The
Secretary'' and insert ``Consistent with any applicable law,
the Secretary''.
In section 501, redesignate subsections (g) and (h) as
subsections (h) and (i), respectively, and insert after
subsection (f), the following new subsection (g):
(g) Comptroller General Report.--The Comptroller General
shall conduct a comprehensive review of the retirement system
for law enforcement officers employed by the Federal
Government. The review shall include all employees
categorized as law enforcement officers for purposes of
retirement and any other Federal employee performing law
enforcement officer duties not so categorized. In carrying
out the review, the Comptroller General shall review
legislative proposals introduced over the 10 years preceding
the date of the enactment of this Act that are relevant to
the issue law enforcement retirement and consult with law
enforcement agencies and law enforcement employee
representatives. Not later than August 1, 2007, the
Comptroller General shall submit to Congress a report on the
findings of such review. The report shall include each of the
following:
(1) An assessment of the reasons and goals for the
establishment of the separate retirement system for law
enforcement officers, as defined in section 8331 of title 5,
United States Code, including the need for young and vigorous
law enforcement officers, and whether such reasons and goals
are currently appropriate.
[[Page H4688]]
(2) An assessment of the more recent reasons given for
including additional groups of employees in such system,
including recruitment and retention, and whether such reasons
and goals are currently appropriate.
(3) A determination as to whether the system is achieving
the goals in (1) and (2).
(4) A summary of potential alternatives to the system,
including increased use of bonuses, increased pay, and
raising the mandatory retirement age, and a recommendation as
to which alternatives would best meet each goal defined in
(1) and (2), including legislative recommendations if
necessary.
(5) A recommendation for the definition of law enforcement
officer.
(6) An detailed review of the current system including its
mandatory retirement age and benefit accrual.
(7) A recommendation as to whether the law enforcement
officer category should be made at the employee, function and
duty, job classification, agency or other level, and by whom.
(8) Any other relevant information.
In section 502(a) by inserting after ``transmit to the
Committee on Homeland Security'' the following: ``and the
Committee on Oversight and Government Reform''.
In section 504, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through
the Commissioner of the United States Customs and Border
Protection) may, for the purpose of accelerating the ability
of the CBP to secure the borders of the United States,
appoint annuitants to positions in the CBP in accordance with
succeeding provisions of this section, except that no
authority under this subsection shall be available unless the
Secretary provides to Congress a certification that--
(1) the Secretary has submitted a request under section
8344(i) or 8468(f) of title 5, United States Code, on or
after the date of the enactment of this Act, with respect to
positions in the CBP;
(2) the request described in paragraph (1) was properly
filed; and
(3) the Office of Personnel Management has not responded to
the request described in paragraph (1), by either approving,
denying, or seeking more information regarding such request,
within 90 days after the date on which such request was
filed.
In section 504, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
In section 505(a), insert after ``statutes'' the following:
`` and Office of Personnel Management Regulations and
Guidelines''.
Strike section 507, redesignate sections 508 through 513 as
sections 507 through 512, respectively, and conform the table
of contents accordingly.
In the proposed section 708, as proposed to be added by
section 508 of the bill, as so redesignated, strike
subsection (b)(1) and insert the following:
``(1) have responsibility for overall Department-wide
security activities, including issuing and confiscating
credentials, controlling access to and disposing of
classified and sensitive but unclassified materials,
controlling access to sensitive areas and Secured
Compartmentalized Intelligence Facilities, and communicating
with other government agencies on the status of security
clearances and security clearance applications;''.
Strike section 606 and conform the table of contents
accordingly.
In the proposed section 226(c)(1)(A), as proposed to be
added by section 701 of the bill, strike ``to monitor
critical information infrastructure'' and insert ``for
ongoing activities to identify threats to critical
information infrastructure''.
In section 702(c)(2), insert after ``Standards and
Technology,'' the following: ``the Department of Commerce,''.
Insert after section 702 the following (and conform the
table of contents accordingly):
SEC. 703. COLLABORATION.
In carrying out this title, the Assistant Secretary of
Homeland Security for Cybersecurity and Communications shall
collaborate with any Federal entity that, under law, has
authority over the activities set forth in this title.
In section 804(b)(1), strike ``maximum''.
In the proposed section 319(e), as proposed to be added by
section 805 of the bill, after ``the project may'' insert the
following: ``, subject to the availability of appropriations
for such purpose,''.
Insert at the end of title VIII the following (and conform
the table of contents accordingly):
SEC. 806. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.
(a) Authority.--The Under Secretary for Science and
Technology or his designee may make available to any person
or entity, for an appropriate fee, the services of any
Department of Homeland Security owned and operated center, or
other testing facility for the testing of materials,
equipment, models, computer software, and other items
designed to advance the homeland security mission.
(b) Interference With Federal Programs.--The Under
Secretary for Science and Technology shall ensure that the
testing of materiel and other items not owned by the
Government shall not cause government personnel or other
government resources to be diverted from scheduled tests of
Government materiel or otherwise interfere with Government
mission requirements.
(c) Confidentiality of Test Results.--The results of tests
performed with services made available under subsection (a)
and any associated data provided by the person or entity for
the conduct of such tests are trade secrets or commercial or
financial information that is privileged or confidential
within the meaning of section 552b(4) of title 5, United
States Code, and may not be disclosed outside the Federal
Government without the consent of the person or entity for
whom the tests are performed.
(d) Fees.--The fees for exercising the authorities under
subsection (a) may not exceed the amount necessary to recoup
the direct and indirect costs involved, such as direct costs
of utilities, contractor support, and salaries of personnel
that are incurred by the United States to provide for the
testing.
(e) Use of Fees.--The fees for exercising the authorities
under subsection (a) shall be credited to the appropriations
or other funds of the Directorate of Science and Technology.
(f) Operational Plan.--Not later than 90 days after the
date of the enactment of this Act, the Under Secretary for
Science and Technology shall submit to Congress a report
detailing a plan for operating a program that would allow any
person or entity, for an appropriate feel, to use any center
or testing facility owned and operated by the Department of
Homeland Security for testing of materials, equipment,
models, computer software, and other items designed to
advance the homeland security mission. The plan shall
include--
(1) a list of the facilities and equipment that could be
made available to such persons or entities;
(2) a five-year budget plan, including the costs for
facility construction, staff training, contract and legal
fees, equipment maintenance and operation, and any incidental
costs associated with the program;
(3) A five-year estimate of the number of users and fees to
be collected;
(4) a list of criteria for selecting private-sector users
from a pool of applicants, including any special requirements
for foreign applicants; and
(5) an assessment of the effect the program would have on
the ability of a center or testing facility to meet its
obligations under other Federal programs.
(g) Report to Congress.--The Under Secretary for Science
and Technology shall submit to Congress an annual report
containing a list of the centers and testing facilities that
have collected fees under this section, the amount of fees
collected, a brief description of each partnership formed
under this section, and the purpose for which the testing was
conducted.
(h) GAO.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress an assessment of the implementation of this
section.
Strike section 904 and insert the following (and conform
the table of contents accordingly):
SEC. 904. REPORT ON IMPLEMENTATION OF THE STUDENT AND
EXCHANGE VISITOR PROGRAM.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the
appropriate congressional committees a report to update the
Government Accountability Office report of June 18, 2004,
GAO-04-690, on the Student and Exchange Visitor Program
(referred to in this section as ``SEVP'') and specifically
the Student and Exchange Visitor Information System (referred
to in this section as ``SEVIS''). The report shall include
the following information:
(1) The rate of compliance with the current SEVIS
requirements by program sponsors and educational
institutions, including non-academic institutions authorized
to admit students under SEVIS.
(2) Whether there are differences in compliance rates among
different types and sizes of institutions participating in
SEVIS.
(3) Whether SEVIS adequately ensures that each covered
foreign student or exchange visitor in nonimmigrant status
is, in fact, actively participating in the program for which
admission to the United States was granted.
(4) Whether SEVIS includes data fields to ensure that each
covered foreign student or exchange visitor in nonimmigrant
status is meeting minimum academic or program standards and
that major courses of study are recorded, especially those
that may be of national security concern.
(5) Whether the Secretary of Homeland Security provides
adequate access, training, and technical support to
authorized users from the sponsoring programs and educational
institutions in which covered foreign students and exchange
visitors in a nonimmigrant status are enrolled.
(6) Whether each sponsoring program or educational
institution participating in SEVP has designated enough
authorized users to comply with SEVIS requirements.
(7) Whether authorized users at program sponsors or
educational institutions are adequately vetted and trained.
(8) Whether the fees collected are adequate to support
SEVIS.
(9) Whether there any new authorities, capabilities, or
resources needed for SEVP and SEVIS to fully perform.
[[Page H4689]]
Strike section 906, redesignate section 907 as section 906,
and conform the table of contents accordingly.
In section 1003, strike subsection (b) and insert the
following:
(b) Appointment Authority.--The Secretary (acting through
the Assistant Secretary for Information Analysis) may, for
the purpose of accelerating the ability of the IA to perform
its statutory duties under the Homeland Security Act of 2002,
appoint annuitants to positions in the IA in accordance with
succeeding provisions of this section, except that no
authority under this subsection shall be available unless the
Secretary provides to Congress a certification that--
(1) the Secretary has submitted a request under section
8344(i) or 8468(f) of title 5, United States Code, on or
after the date of the enactment of this Act, with respect to
positions in the IA;
(2) the request described in paragraph (1) was properly
filed; and
(3) the Office of Personnel Management has not responded to
the request described in paragraph (1), by either approving,
denying, or seeking more information regarding such request,
within 90 days after the date on which such request was
filed.
In section 1003, strike subsection (f) and insert the
following:
(f) Termination of Authority.--Effective 2 years after the
date of the enactment of this Act--
(1) all authority to make appointments under subsection (b)
shall cease to be available; and
(2) all exemptions under subsection (c) shall cease to be
effective.
Strike section 1101, redesignate sections 1102 through 1108
as sections 1101 through 1107, respectively, and conform the
table of contents accordingly.
Strike sections 1109, 1110, 1111, redesignate sections 1112
through 1119 as sections 1108 through 1115, respectively, and
amend the table of contents accordingly.
Strike section 1120, redesignate section 1121 as section
1116, and amend the table of contents accordingly.
Strike section 1102, as so redesignated, and insert the
following:
SEC. 1102. CRITICAL INFRASTRUCTURE STUDY.
The Secretary of Homeland Security shall work with the
Center for Risk and Economic Analysis of Terrorism Events
(CREATE), led by the University of Southern California, to
evaluate the feasibility and practicality of creating further
incentives for private sector stakeholders to share protected
critical infrastructure information with the Department for
homeland security and other purposes.
In section 1103, as so redesignated, strike ``and
immigration status databases''.
In the heading for section 1103, as so redesignated, strike
``AND IMMIGRATION REVIEW''.
In the proposed section 890A(a), as proposed to be added by
section 1106 of the bill, as so redesignated, insert after
paragraph (2) the following:
``(3) Excluded programs.--This section shall not apply to
or otherwise affect any grant issued under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.).''.
Add at the end of title XI the following (and conform the
table of contents accordingly):
SEC. 1117. COMPTROLLER GENERAL REPORT ON CRITICAL
INFRASTRUCTURE.
(a) Requirement.--The Comptroller General of the United
States shall conduct a study to--
(1) determine the extent to which architecture,
engineering, surveying, and mapping activities related to the
critical infrastructure of the United States are being sent
to offshore locations;
(2) assess whether any vulnerabilities or threats exist
with respect to terrorism; and
(3) recommend policies, regulations, or legislation, as
appropriate, that may be necessary to protect the national
and homeland security interests of the United States.
(b) Consultation.--In carrying out the study authorized by
this section, the Comptroller General shall consult with--
(1) such other agencies of the Government of the United
States as are appropriate; and
(2) national organizations representing the architecture,
engineering, surveying, and mapping professions.
(c) Report.--The Comptroller General shall submit to the
Committees on Transportation and Infrastructure, Energy and
Commerce, and Homeland Security of the House of
Representatives, and to the Senate, by not later than 6
months after the date of the enactment of this Act a report
on the findings, conclusions, and recommendations of the
study under this section.
(d) Definitions.--As used in this section--
(1) each of the terms ``architectural'', ``engineering'',
``surveying'', and ``mapping''--
(A) subject to subparagraph (B), has the same meaning such
term has under section 1102 of title 40, United States Code;
and
(B) includes services performed by professionals such as
surveyors, photogrammetrists, hydrographers, geodesists, or
cartographers in the collection, storage, retrieval, or
dissemination of graphical or digital data to depict natural
or man-made physical features, phenomena, or boundaries of
the earth and any information related to such data, including
any such data that comprises the processing of a survey, map,
chart, geographic information system, remotely sensed image
or data, or aerial photograph; and
(2) the term ``critical infrastructure''--
(A) means systems and assets, whether physical or virtual,
so vital to the United States that the incapacity or
destruction of such systems and assets would have a
debilitating impact on security, national economic security,
national public health or safety, or any combination of those
matters; and
(B) includes the basic facilities, structures, and
installations needed for the functioning of a community or
society, including transportation and communications systems,
water and power lines, power plants, and the built
environment of private and public institutions of the United
States.
Add at the end of title XI the following (and conform the
table of contents accordingly):
SEC. 1118. IMPROVING THE NEXUS AND FAST REGISTERED TRAVELER
PROGRAMS.
(a) Merging Requirements of Nexus and Fast.--
(1) In general.--The Secretary of Homeland Security shall
merge the procedures for the programs described in subsection
(j) into a single procedure, with common eligibility and
security screening requirements, enrollment processes, and
sanctions regimes.
(2) Specific requirements.--In carrying out paragraph (1),
the Secretary shall ensure that the procedures for the
programs known as ``NEXUS Highway'', ``NEXUS Marine'', and
``NEXUS Air'' are integrated into such a single procedure.
(b) Integrating Nexus and Fast Information Systems.--The
Secretary of Homeland Security shall integrate all databases
and information systems for the programs described in
subsection (j) in a manner that will permit any
identification card issued to a participant to operate in all
locations where a program described in such subsection is
operating.
(c) Creation of Nexus Convertible Lanes.--In order to
expand the NEXUS program described in subsection (j)(2) to
major northern border crossings, the Secretary of Homeland
Security, in consultation with appropriate representatives of
the Government of Canada, shall equip not fewer than six new
northern border crossings with NEXUS technology.
(d) Creation of Remote Enrollment Centers.--The Secretary
of Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of two remote enrollment centers for the programs
described in subsection (j). Such a remote enrollment center
shall be established at each of the border crossings
described in subsection (c).
(e) Creation of Mobile Enrollment Centers.--The Secretary
of Homeland Security, in consultation with appropriate
representatives of the Government of Canada, shall create a
minimum of two mobile enrollment centers for the programs
described in subsection (j). Such mobile enrollment centers
shall be used to accept and process applications in areas
currently underserved by such programs. The Secretary shall
work with State and local authorities in determining the
locations of such mobile enrollment centers.
(f) On-Line Application Process.--The Secretary of Homeland
Security shall design an on-line application process for the
programs described in subsection (j). Such process shall
permit individuals to securely submit their applications on-
line and schedule a security interview at the nearest
enrollment center.
(g) Promoting Enrollment.--
(1) Creating incentives for enrollment.--In order to
encourage applications for the programs described in
subsection (j), the Secretary of Homeland Security shall
develop a plan to admit participants in an amount that is as
inexpensive as possible per card issued for each of such
programs.
(2) Customer service phone number.--In order to provide
potential applicants with timely information for the programs
described in subsection (j), the Secretary of Homeland
Security shall create a customer service telephone number for
such programs.
(3) Publicity campaign.--The Secretary shall carry out a
program to educate the public regarding the benefits of the
programs described in subsection (j).
(h) Travel Document for Travel Into United States.--For
purposes of the plan required under section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004, an
identification card issued to a participant in a program
described in subsection (j) shall be considered a document
sufficient on its own when produced to denote identity and
citizenship for travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(4)(B)).
(i) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate congressional committees (as
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) a report on the implementation of subsections
(a) through (g).
(j) Programs.--The programs described in this subsection
are the following:
(1) The FAST program authorized under subpart B of title IV
of the Tariff Act of 1930 (19 U.S.C. 1411 et seq.).
[[Page H4690]]
(2) The NEXUS program authorized under section 286(q) of
the Immigration and Nationality Act (U.S.C. 1356(q)).
SEC. 1119. TRAVEL DOCUMENTS.
(a) Travel to Canada and Mexico.--Section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 is
amended by adding at the end the following new paragraphs:
``(3) Pass card infrastructure.--The Secretary of Homeland
Security shall conduct not less than one trial on the
usability, reliability, and effectiveness of the technology
that the Secretary determines appropriate to implement the
documentary requirements of this subsection. The Secretary
may not issue a final rule implementing the requirements of
this subsection until such time as the Secretary has
submitted to the appropriate congressional committees (as
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) a report on the results and outcome of such
trial or trials. The report shall include data and evidence
that demonstrates that the technology utilized in such trial
or trials is operationally superior to other alternative
technology infrastructures.
``(4) Flexible implementation period.--In order to provide
flexibility upon implementation of the plan developed under
paragraph (1), the Secretary of Homeland Security shall
establish a special procedure to permit an individual who
does not possess a passport or other document, or combination
of documents, as required under paragraph (1), but who the
Secretary determines to be a citizen of the United States, to
re-enter the United States at an international land or
maritime border of the United States. The special procedure
referred to in this paragraph shall terminate on the date
that is 180 days after the date of the implementation of the
plan described in paragraph (1)(A).
``(5) Special rule for certain minors.--Except as provided
in paragraph (6), citizens of the United States or Canada who
are less than 16 years of age shall not be required to
present to an immigration officer a passport or other
document, or combination of documents, as required under
paragraph (1), when returning or traveling to the United
States from Canada, Mexico, Bermuda, or the Carribean at any
port of entry along the international land or maritime border
of the United States.
``(6) Special rule for certain student minors traveling as
part of an authorized and supervised school trip.--
Notwithstanding the special rule described in paragraph (5),
the Secretary of Homeland Security is authorized to consider
expanding the special rule for certain minors described in
such paragraph to a citizen of the United States or Canada
who is less than 19 years of age but is 16 years of age or
older and who is traveling between the United States and
Canada at any port of entry along the international or
maritime border between the two countries if such citizen is
so traveling as a student as part of an authorized and
supervised school trip.
``(7) Public outreach.--To promote travel and trade across
the United States border, the Secretary of Homeland Security
shall develop a public communications plan to promote to
United States citizens, representatives of the travel and
trade industries, and local government officials information
relating to the implementation of this subsection. The
Secretary of Homeland Security shall coordinate with
representatives of the travel and trade industries in the
development of such public communications plan.
``(8) Cost-benefit analysis.--The Secretary of Homeland
Security shall prepare an extensive regulatory impact
analysis that is fully compliant with Executive Order 12866
and Office of Management and Budget Circular A-4 for an
economically significant regulatory action before publishing
a rule with respect to the implementation of the requirements
of this subsection.''.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act and every 120 days thereafter, the
Secretary of Homeland Security shall submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report
on the implementation of paragraphs (3) through (8) of
section 7209(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Strike title XII and conform the table of contents
accordingly.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Mississippi (Mr. Thompson) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Mississippi.
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, my manager's amendment strengthens H.R. 1684 by adding
some things and taking out some others. Ninety-two percent of the
provisions that I am seeking to have removed were items offered for the
first time in the committee's mark-up. They were good ideas, but we
haven't had the benefit of giving these novel ideas the full
consideration they deserve.
After the mark-up, I had the opportunity to speak with a number of
chairs who had a shared interest in these items. Collaboration is a
wonderful thing, Mr. Chairman. In some cases, they offered suggestions
to make the bill better. Those changes are contained in this amendment.
In other cases, they offered to work together on these issues and other
legislative vehicles. So, as a testament to the collaborative spirit of
this majority, I offer this amendment.
I am well aware that some of my Republican colleagues are complaining
about what my amendment does. I am reminded of what LBJ once told an
audience: ``Perhaps you can help. Don't just complain, develop a better
doctrine.'' This Congress, we're developing a better doctrine.
It is important to look at this milestone in context. Let me provide
a little lesson on the Committee of Homeland Security's history.
In 2003, the year the committee was created, then Chairman Chris Cox
failed to put forth an authorization bill.
In 2004, Chairman Cox scheduled his first markup of an authorization
bill but barely got half the committee Republicans to show up.
Outnumbered by Democrats, the markup was cancelled after opening
statements. Even if the markup had proceeded, it was still 2 months
late, as the appropriations bill had passed a month earlier.
In 2005, Mr. Cox was still a day late and a dollar short in getting
the bill passed through the House. The appropriation bill still came
first.
In 2006, the committee took two steps back. My colleague from New
York didn't even mark up an authorization bill until late July, a month
and a half after the appropriation bill passed the House. His bill
never even went to the floor for a vote. Come on, now. We've all
learned Legislation 101, that Congress first authorizes, then
appropriates.
Today, under Democratic leadership, we are considering a timely,
thorough and thoughtful authorization bill that has the input of
numerous committees.
This is the earliest a Homeland Security authorization bill has ever
appeared on the floor. It also bears mention that it is on the floor
before the appropriations bill. America is not interested in
congressional infighting but in getting the job done. We are doing just
that.
I urge my colleagues on both sides of the aisle to support my
manager's amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I claim time in opposition to the
manager's amendment.
The Acting CHAIRMAN. The gentleman from New York is recognized for 5
minutes.
Mr. KING of New York. I recognize myself for as much time as I may
consume.
Mr. Chairman, I understand the chairman's dilemma. The bottom line is
we did pass a very strong bill out of committee. And let's just again
delineate some of those provisions which were unanimously agreed to and
have been agreed to: Language on maritime alien smuggling; language
which would have monitored the activities of foreign students and
visitors; biometric identification of illegal aliens; expanding the use
of interoperability grants, which is so much needed by our local law
enforcement and first responders; authorizing the Secret Service and
its functions; increasing the authorizations of the Secret Service to
provide security to Presidential candidates; prohibiting grants to
universities which bar Coast Guard recruiters. It eliminated a report
on Secret Service training facilities. And, as Mr. McCaul said before,
it eliminated the provision providing for a National Bio and Agro
Defense facility.
Also, more significantly, if we go to the heart of the 9/11
Commission, it eliminated the language calling for a sense of Congress
that the homeland security be in fact the focal point and the central
point when it comes to legislation on homeland security and also when
it comes to overseeing the Department of Homeland Security.
Now the chairman has gone back in history to talk about what happened
in the past. The fact is, this is a growing committee, and we all have
to make decisions. We have to make value-based decisions. We have to
make prudent decisions.
I was the chairman last year; and I did not go for an authorization
bill
[[Page H4691]]
early on in the year because I thought it was important, in
establishing the jurisdiction of the committee, that we go forward and
adopt the most far-reaching port security bill ever enacted and, in
doing so, confronting jurisdictional impediments thrown at us by other
committees.
We did that. It was a long, hard fight. It began early spring and
wasn't concluded until September, but we did conclude it. And not only
did we enact solid legislation, but, as importantly, we were able to
establish our jurisdiction at the expense of competing committees. And
I say that not as part of a turf battle, but if we are going to have
real homeland security, we have to have a real Homeland Security
Committee.
Similarly, when it came to restructuring FEMA, which was a mammoth
fight here in the Congress last year, we stood strong through May and
June and July and into September; and when the final product came out,
it again enhanced the jurisdiction of the Homeland Security Committee.
Also, on the issue of chemical plant security, we fought hard on
that. We fought hard for our language, and we got it in. It was part of
the omnibus appropriation, and that language again established the
Committee on Homeland Security as the primary committee on that issue.
{time} 1445
So these were all solid steps forward made by the committee.
Now, I understand the chairman's dilemma. I am not here to take cheap
shots. I realize how tough this can be. But my point is, when we had
such a solid vote, a unanimous vote coming out of committee, I think
more should have been done in resisting the efforts of the other
chairmen and of the Democratic leadership to strip so many of the
provisions. Almost half of the provisions have been stripped out
altogether or dramatically modified. So I do see this, unfortunately,
as a step backwards. Certainly not a step forward.
I realize the significance of getting the authorization bill done. I
am not trying to minimize that. But the fact is, considering the
progress we made last year in such significant areas as port security,
chemical plant security and the restructuring of FEMA, we could have
done better on this authorization bill this year.
Again, I will have to urge a ``no'' vote on this manager's amendment
because of the damage which I believe it does to the Committee on
Homeland Security. And also, Mr. Chairman, to send a signal, not to
Chairman Thompson but to the leadership of the House, that we did come
forward on our side. We were willing to stand up to the administration
and increase spending by over $2 billion more than the administration
requests and wants. We did that unanimously on the Republican side. We
also again worked with Chairman Thompson on the language that he
wanted. He worked with us. So we did make that effort at the committee
level.
I just wish the same level of bipartisan cooperation was shown at the
leadership level of the House of Representatives rather than having the
minority excluded altogether, which was never done at the committee
level, either under myself or now under Chairman Thompson.
Mr. Chairman, with that, I will rest on the eloquence of my previous
remarks and yield back the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Chairman, I insert for the Record a
letter from the chairman and ranking minority member of the Judiciary
Committee in support of our legislation but reserving, under rule X,
the jurisdiction of their committee.
House of Representatives,
Committee on the Judiciary,
Washington, DC, May 1, 2007.
Hon. Bennie G. Thompson,
Chairman,
Hon. Peter T. King,
Ranking Minority Member, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Thompson and Mr. King: We are writing regarding
the bill H.R. 1684, the ``Department of Homeland Security
authorization act for Fiscal Year 2008.'' We understand that
the Committee on Homeland Security intends to report this
bill in the next few days, and that it may come to the House
floor as early as next week.
H.R. 1684 is an ambitious bill that contains a number of
provisions that fall within the Rule X jurisdiction of the
Committee on the Judiciary rather than the Committee on
Homeland Security. Our Committee was not furnished the text
of the bill as it will be reported until almost a month after
your Committee approved it, and was not consulted regarding
any of the provisions in question. As there is not adequate
time now for our Committee to take a referral of this bill
and appropriately consider these provisions, we would request
that they be removed from the bill before its consideration
on the floor.
The provisions in question include: section 305; section
507; section 901; section 904; section 906; section 1104; new
subsection (d)(2) of 6 U.S.C. 455 as it would be added by
section 1109; section 1110; section 1111; section 1120;
section 1121; and all of title XII.
Thank you for your attention to our request.
Sincerely,
John Conyers, Jr.
Chairman.
Lamar Smith,
Ranking Minority Member.
Mr. THOMPSON of Mississippi. Mr. Chairman, I yield back the balance
of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Mississippi (Mr. Thompson).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. KING of New York. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Mississippi
will be postponed.
Amendment No. 2 Offered by Mr. Tom Davis of Virginia
The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in House Report 110-136.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Tom Davis of Virginia:
Strike section 407.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Virginia (Mr. Tom Davis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as
I may consume.
Mr. Chairman, my amendment will remove from this legislation a very
dangerous and costly restriction on the government's ability to obtain
protective gear, apparel and other materials that are critical to those
charged with protecting our Nation.
Is 9/11 already such a distant memory that we are willing to
sacrifice the safety of those protecting our country in order to delude
ourselves into believing we are saving jobs? Are there Members of this
House who believe we should not be doing everything we can to make sure
that our Customs Officers, our Border Patrol agents, our Air Marshals
have the best protective gear, the best bulletproof vest, the best body
armor available in the world when we go out and purchase this for them?
Wherever it is made, we want them to have the best.
Make no mistake about it, a vote against my amendment is a vote to
jeopardize the safety and security of the agents and officers
protecting our country by restricting the sourcing and our ability to
buy the best available around the globe.
What is more, section 407 limits competition, which ends up driving
up taxpayer costs, and it limits the Homeland Security Department's
ability to obtain the best products to protect our homeland.
Members should not be conned into thinking that domestic source
restrictions, ``Buy America,'' save jobs. Time and time again, these
shortsighted restrictions have ended up costing us more American jobs
than they save, as our trading partners then take retaliatory action
against American-made goods and services that we sell abroad. We should
remember that we are only 4 percent of the world's consumers here in
the United States. Pretty soon, with these kind of source restrictions
on what America can buy and sell, we are going to be selling only to
ourselves.
Restrictions such as these jeopardize national security; do not make
available to us the most modern technologies, the best body armor, the
best
[[Page H4692]]
bulletproof vests in the world. The highest technology available in the
world for ID cards could be eliminated under this amendment. It
hamstrings market competition by eliminating who can bid on these
contracts, it leads to higher prices and lower quality goods and
services, and it wastes precious taxpayer dollars.
I think by supporting homeland security, you should support our
amendment to strike section 407.
Mr. Chairman, I reserve the balance of my time.
Mr. ETHERIDGE. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
The Acting CHAIRMAN. The gentleman from North Carolina is recognized
for 5 minutes.
Mr. ETHERIDGE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise in opposition to this amendment because section
407 that my colleague wants to strike has one purpose, to strengthen
our national security. It is a commonsense provision that says that
sensitive materials, uniforms, protective gear, badges and
identification cards should be produced and shipped only within the
United States of America. It has a flexible provision that contains an
exception for when materials are not available domestically of an
acceptable quality or at market value. As long as the Secretary
certifies that national security will be protected, he may do it. So if
one of our allies makes an item of protective gear that is not
available domestically, it will still be available to the Department.
Additionally, it does not apply to purchases made outside the United
States for use outside the United States. So if an agent or officer is
overseas and needs a bulletproof vest or other piece of protective gear
quickly, he or she can get it.
Our national security could be compromised if terrorists, smugglers
or other would-be counterfeiters had ready access to the Department of
Homeland Security's uniforms, protective gear or ID cards.
This amendment would remove or reduce the opportunity for terrorists
or others with bad intentions to pose as Homeland Security officials or
officers. It is not uncommon for cargo to be hijacked or lost,
particularly in the staging areas at our Nation's ports-of-entry.
The potential theft of uniforms, badges or ID cards, by the truckload
it could be, poses a clear threat. In years past, there have been
several reports on the overseas manufacture of uniforms for the
Department of Homeland Security's operational components. Indeed, most
Americans would be shocked to learn that Border Patrol uniforms have
been manufactured in Mexico and other countries. This ongoing practice
raises legitimate security concerns, not only at the border but all
across this country, which is what this provision addresses.
For that reason, I oppose this amendment, and I urge my colleagues to
join me in rejecting it.
Mr. Chairman, I reserve the balance of my time.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as
I may consume.
Mr. Chairman, one of the difficulties in our procurement system today
in government is that we try to reach too many competing policy goals
in the way that we buy goods and services. When we use taxpayer
dollars, when we take hard-earned money from our taxpayers and the
government needs a good or a service, our purpose ought to be to buy
the best good and the best service and get the best value for our tax
dollars, period. That is what we do when we buy our cars. That is what
we do when we add additions to our home. The government should be
subject to the same rules and regulations.
In this particular case, there is no safety issue over where these
materials may be made. That is a subterfuge. What this is is an attempt
to try to protect American jobs in some ways, and of course, the end
result is you lose them in others.
But by reaching these competing goals in procurement through set-
asides, where we exclude parts of the economic system from bidding,
this ``Buy America'' language is another effort another effort to
restrict competition. We end up driving up costs for the taxpayers. We
don't make use, many times, of the best technology. Although there is
catch-all language in this and other ``Buy America'' language that
allows the Secretary to certify certain things, in point of fact, they
don't work. They are reluctant to do that, and you end up many times
with higher-costing goods of the same order. That reduces our ability
to use taxpayer dollars wisely.
In a global economy, American taxpayers should get the benefit of the
best value when we go out and use our dollars to buy goods and
services. Restrictions on competition like this means that tax dollars
are limited in their choices. Fewer choices means inferior products. It
means greater costs. It means less competition. Section 407 of this
legislation restricts competition, and it should be restricted.
My amendment is endorsed by the U.S. Chamber of Commerce, by the
Information Technology Association of America as well. I think every
taxpayer ought to be concerned about how their tax dollars are spent.
Mr. Chairman, I appreciate the gentleman from North Carolina and his
position in the area that he represents, but I just don't think these
restrictive source provisions over the long term are in the American
taxpayers' interests.
Mr. Chairman, I yield back the balance of my time.
Mr. ETHERIDGE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I admire the gentleman, but I think, in this case, we
are talking about an issue that transcends the issues we are talking
about. We are talking about the safety and security of American people.
I believe in trade. I have supported it. But there are issues that
are paramount to the security and protection of the American people. I
think this is one where it goes to the badges and the uniforms that our
men and women use to protect Americans' interests.
So, with that, I would urge a ``no'' vote on this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Virginia (Mr. Tom Davis).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. ETHERIDGE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.
Amendment No. 3 Offered by Mr. Langevin
The Acting CHAIRMAN. It is now in order to consider amendment No. 3
printed in House Report 110-136.
Mr. LANGEVIN. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Langevin:
At the end of title XI add the following:
SEC. __. COOPERATIVE AGREEMENT WITH NATIONAL ORGANIZATION ON
DISABILITY TO CARRY OUT EMERGENCY PREPAREDNESS
INITIATIVE.
The Administrator of the Federal Emergency Management
Agency, in coordination with the Disability Coordinator of
the Department of Homeland Security and the Office for Civil
Rights and Civil Liberties of the Department, shall use
amounts authorized under section 101 to enter into a
cooperative agreement with the National Organization on
Disability to carry out the Emergency Preparedness Initiative
of such organization.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Rhode Island (Mr. Langevin) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am certainly grateful for the opportunity to offer
this amendment, which would simply direct officials at the Department
of Homeland Security to work with the National Organization on
Disability on their Emergency Preparedness Initiative.
We all know that people with disabilities face unique challenges in
their daily lives. They range from mobility
[[Page H4693]]
impairment to communications barriers, and they can become substantial
obstacles in an emergency.
As we take steps to make our Nation a safer place, it is critical to
keep in mind that if we neglect issues of accessibility and inclusion
in our planning, the problems that surface later will be more
complicated, more expensive and, in some cases, could cost people their
lives.
After September 11, the National Organization on Disability, or NOD,
as it is known, showed tremendous leadership by launching the Emergency
Preparedness Initiative, or EPI, to ensure that emergency managers
address disability concerns and that people with disabilities are
included at all levels of emergency preparedness, planning, response
and recovery. Indeed, this time of planning serves all those with
special needs, not just individuals with disabilities but also the
elderly and other vulnerable populations.
Now, with support from Congress and many in the disability community,
EPI has become firmly established within the emergency management
industry and among disability advocate organizations.
In my capacity as cochair of the Bipartisan Disabilities Caucus, I
have worked closely with representatives from EPI to highlight these
issues here on Capitol Hill and throughout the Nation. The work they
are doing is a critical component to our national security, and I am
proud to support their efforts.
{time} 1500
As we work to keep all Americans safe and secure, I urge my
colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I rise to claim the time in
opposition, although I will not oppose the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from New York
is recognized for 5 minutes.
There was no objection.
Mr. KING of New York. Mr. Chairman, I urge its adoption, and I yield
back the balance of my time.
Mr. LANGEVIN. Mr. Chairman, I thank the ranking member for his
sensitivity and his foresight.
Again, I urge my colleagues to look seriously at this amendment.
Again, it is vital that we think ahead of time at what people with
special needs may need in an emergency situation. So many people who
lost their lives, both on 9/11 and as a result of Hurricane Katrina,
were people with disabilities in particular. The tragic loss of life
across the board was incredibly sad.
We want to make sure where we can prevent loss of life we do so and
made sure that those with special needs are not forgotten and their
needs are a forethought rather than an afterthought. That is what EPI
is all about. I commend them for their hard work in putting together
their emergency preparedness plans and working with emergency
management officials to include the needs of people with disabilities.
I urge adoption of the amendment.
Having no further speakers, Mr. Chairman, I yield back the balance of
my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Langevin).
The amendment was agreed to.
Amendment No. 4 Offered by Mr. Andrews
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in House Report 110-136.
Mr. ANDREWS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Andrews:
Insert after section 513 the following new section:
SEC. 514. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS
AND EMERGENCY MEDICAL PERSONNEL PROHIBITED.
(a) Termination Prohibited.--
(1) In general.--No employee may be terminated, demoted, or
in any other manner discriminated against in the terms and
conditions of employment because such employee is absent from
or late to the employee's employment for the purpose of
serving as a volunteer firefighter or providing volunteer
emergency medical services as part of a response to an
emergency or major disaster.
(2) Deployment.--The prohibition in paragraph (1) shall
apply to an employee serving as a volunteer firefighter or
providing volunteer emergency medical services if such
employee--
(A) is specifically deployed to respond to the emergency or
major disaster in accordance with a coordinated national
deployment system such as the Emergency Management Assistance
Compact or a pre-existing mutual aid agreement; or
(B) is a volunteer firefighter who--
(i) is a member of a qualified volunteer fire department
that is located in the State in which the emergency or major
disaster occurred;
(ii) is not a member of a qualified fire department that
has a mutual aid agreement with a community affected by such
emergency or major disaster; and
(iii) has been deployed by the emergency management agency
of such State to respond to such emergency or major disaster.
(3) Limitations.--The prohibition in paragraph (1) shall
not apply to an employee who--
(A) is absent from the employee's employment for the
purpose described in paragraph (1) for more than 14 days per
calendar year;
(B) responds to the emergency or major disaster without
being officially deployed as described in paragraph (2); or
(C) fails to provide the written verification described in
paragraph (5) within a reasonable period of time.
(4) Withholding of pay.--An employer may reduce an
employee's regular pay for any time that the employee is
absent from the employee's employment for the purpose
described in paragraph (1).
(5) Verification.--An employer may require an employee to
provide a written verification from the official of the
Federal Emergency Management Agency supervising the Federal
response to the emergency or major disaster or a local or
State official managing the local or State response to the
emergency or major disaster that states--
(A) the employee responded to the emergency or major
disaster in an official capacity; and
(B) the schedule and dates of the employee's participation
in such response.
(6) Reasonable notice required.--An employee who may be
absent from or late to the employee's employment for the
purpose described in paragraph (1) shall--
(A) make a reasonable effort to notify the employee's
employer of such absence; and
(B) continue to provide reasonable notifications over the
course of such absence.
(b) Right of Action.--
(1) Right of action.--An individual who has been
terminated, demoted, or in any other manner discriminated
against in the terms and conditions of employment in
violation of the prohibition described in subsection (a) may
bring, in a district court of the United States of
appropriate jurisdiction, a civil action against individual's
employer seeking--
(A) reinstatement of the individual's former employment;
(B) payment of back wages;
(C) reinstatement of benefits; and
(D) if the employment granted seniority rights,
reinstatement of seniority rights.
(2) Limitation.--The individual shall commence a civil
action under this section not later than 1 year after the
date of the violation of the prohibition described in
subsection (a).
(c) Study and Report.--
(1) Study.--The Secretary of Labor shall conduct a study on
the impact that the requirements of this section could have
on the employers of volunteer firefighters or individuals who
provide volunteer emergency medical services and who may be
called on to respond to an emergency or major disaster.
(2) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Labor shall submit a
report of the study conducted under paragraph (1) to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Education and the Workforce and
the Committee on Small Business of the House of
Representatives.
(d) Definitions.--In this section--
(1) the term ``emergency'' has the meaning given such term
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122);
(2) the term ``major disaster'' has the meanings given such
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122);
(3) the term ``qualified volunteer fire department'' has
the meaning given such term in section 150(e) of the Internal
Revenue Code of 1986;
(4) the term ``volunteer emergency medical services'' means
emergency medical services performed on a voluntary basis for
a fire department or other emergency organization; and
(5) the term ``volunteer firefighter'' means an individual
who is a member in good standing of a qualified volunteer
fire department.
Amend the table of contents by adding, after the item
relating to section 513, the following new item:
Sec. 514. Termination of employment of volunteer firefighters and
emergency medical personnel prohibited.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
[[Page H4694]]
from New Jersey (Mr. Andrews) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. ANDREWS. Mr. Chairman, I yield myself 1\1/2\ minutes.
Mr. Chairman, I would like to thank those involved in this bipartisan
effort for a commonsense idea. I would especially like to thank my new
colleague, Ms. Shea-Porter from New Hampshire, who has shown great
interest in the volunteer fire service; Mr. Pascrell from New Jersey,
who wrote the FIRE Act; the gentleman from Delaware (Mr. Castle); and
the gentleman from New York (Mr. Kuhl), who has long been interested in
this issue. I would also like to thank Mr. Matthew Riggins of my office
for his participation on this matter.
Here is what the bill says. If a volunteer firefighter or EMT is
called to a national emergency as declared under the relevant statutes
and that volunteer responds to a call, not self-volunteers but responds
to a call, that person should have protection when they go back to his
or her job. They shouldn't be fired, they shouldn't be disciplined,
they shouldn't have their pay docked for up to 14 days in each calendar
year.
The service that is performed by our volunteer firefighters and EMTs
across this country is enormous and enormously important. We believe
that none of those individuals should have the burden of suffering
problems at work because of their voluntary spirit. Again, one cannot
self-volunteer. Again, the emergency must be sufficient in scope for a
Presidential declaration.
We believe this makes good sense, and it is a good bipartisan issue,
and I urge Members of the House to vote ``yes.''
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I claim the time in opposition,
even though I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from New York
is recognized for 5 minutes.
There was no objection.
Mr. KING of New York. Mr. Chairman, I yield 3 minutes to the
gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I thank the ranking member from New York
for yielding me this time.
I rise in strong support of this amendment. I believe its passage is
important to ensure that our local first responders are prepared for
major disasters.
Over the years, volunteer firefighters and EMS personnel have
repeatedly answered the call of duty. In fact, my home State of
Delaware, which is served almost entirely by volunteer firefighters,
sent 37 ambulances to New York City on September 11. In the wake of
Hurricane Katrina, as fires spread throughout New Orleans and survivors
struggled to find dry land, volunteer firefighters and EMS personnel
rose to the occasion and proved to be crucial in the massive rescue
operation.
Unfortunately, under current law, volunteer firefighters and EMS
personnel are not protected from termination or demotion by their
employer when they respond to national disasters.
As a result, just a few weeks after Hurricane Katrina destroyed the
gulf coast, a group of us got together here on Capitol Hill to craft
this legislation which will make certain that our volunteer responders
are more readily available to assist local authorities in major
disasters.
This proposal is similar to the job protections given to members of
the National Guard who serve their country on the battlefield, and it
will go a long way in enhancing our ability to respond to catastrophic
events and save lives.
Mr. Chairman, last Congress, we collected over 70 bipartisan co-
sponsors on this legislation. I appreciate the support of the gentleman
from New Jersey and his introduction of this and all the others who
have been involved. I urge Members to support this amendment.
Mr. ANDREWS. Mr. Chairman, I now yield to a new Member who has shown
a real affinity for and commitment to these issues in her short time
here, the gentlewoman from New Hampshire (Ms. Shea-Porter) for 2
minutes.
Ms. SHEA-PORTER. Mr. Chairman, I rise as a proud sponsor of this
amendment, the Volunteer Firefighter and EMS Personnel Protection Act.
The bill will provide job protection to the brave men and women who
volunteer their time as firefighters and EMTs during national
disasters.
Some volunteers put their lives on hold to help others. Others
literally put their lives on the line.
When Hurricane Katrina hit in 2005, our Nation's emergency services
were overcome by the immensity of the disaster. Almost 400,000 people
were displaced from their homes. The images of this tragedy will be
seared in our minds forever.
In the aftermath of the hurricane, I went down to do a very small
part to help those, and I saw the devastation. But in a disaster of the
magnitude of Hurricane Katrina or the recent tragedy in Kansas, we need
more than an extra pair of hands. When our Nation's emergency services
are overwhelmed, we need highly skilled professionals who can step in
to provide such help.
More than 800,000 skilled first responders volunteer for such
emergencies each year. Volunteer firefighters and emergency medical
technicians, EMTs, are a critical part of this effort. They are
fighting fires and providing essential medical care. They are saving
lives.
But, under current law, when volunteer firefighters and EMTs return
to their homes, there is no guarantee that they will still have their
jobs. They can do the right thing for America and find out they are
left out in the cold. In effect, when disaster strikes, these first
responders are forced sometimes to decide between helping others and
having the security of knowing they still have their jobs when they go
home.
This amendment would change all that. It would guarantee volunteer
firefighters and EMT the right to keep their job when they respond in a
national emergency and allow them to volunteer 14 days per calendar
year when they act in an official capacity.
Our Nation absolutely needs highly skilled professionals who are
willing to leave their homes and their jobs to help save lives.
Congress can help support our volunteer firefighters and EMTs. I urge
my colleagues to vote ``yes.''
Mr. KING of New York. Mr. Chairman, I reserve the balance of my time.
Mr. ANDREWS. Mr. Chairman, I yield the balance of my time to the
gentleman from New Jersey (Mr. Pascrell), the author of the FIRE Act.
Mr. KING of New York. Mr. Chairman, I yield 1 minute to the gentleman
from New Jersey (Mr. Pascrell).
Mr. PASCRELL. Mr. Chairman, I thank Mr. Andrews and the ranking
member, my good friend from New York.
In the book of Isaiah, chapter 6, the question is very specific: Who
shall I send?
Volunteers come forward all the time. They come through for us every
time. They come through. Three thousand of them came through after 9/
11. Thousands and thousands came through after Hurricane Katrina. As we
go to the very heart and soul of this great Nation, let us serve these
volunteers. Let us serve.
I have spoken with these volunteers not only in New Jersey but
throughout this great Nation. They always respond after these
tragedies, and I said ``thank you.'' We are saying thank you, and we
mean it. We are willing to put it in a law, a law of this Nation.
I am honored to co-sponsor this and join with Rob Andrews, who has
been a tremendous leader in public safety issues throughout the United
States, and Carol Shea-Porter and Mr. Castle, real friends of the fire
service.
How we respond to catastrophes shows the character of our Nation. How
we treat our emergency responders shows who we are as people. We take
them for granted. Let's be honest. Congress must do everything in its
power to help those who help others.
We have heard about the 14 days a year as they carry out their
duties. But, simply put, volunteers should not be penalized when they
are off protecting lives of their fellow citizens. No volunteer should
be terminated or demoted or discriminated against in their regular job
when they are dealing with emergencies and providing vital assistance
to the American family.
[[Page H4695]]
This amendment ensures that the major contributions of volunteers can
and will continue. It ensures that those who have the calling to help
will not have to worry about the ramifications of their nobility. It is
a wise amendment. It is a bipartisan amendment. I ask for the full
support of everyone on this floor
Mr. KING of New York. Mr. Chairman, I yield myself the balance of my
time.
Mr. ANDREWS. Mr. Chairman, will the gentleman yield?
Mr. KING of New York. I yield to the gentleman from New Jersey.
Mr. ANDREWS. I did want to thank personally thank the ranking member
of the full committee, who is co-Chair of the Congressional Fire
Service Caucus, for his support and the chairman of the full committee,
Mr. Thompson, for his enthusiastic support for this amendment.
Mr. KING of New York. Mr. Chairman, I thank the gentleman from New
Jersey (Mr. Andrews), Mr. Pascrell, Mr. Castle, and all of the others
in the House who support this amendment. Because 9/11 changed our lives
in many ways, but one of the most dramatic ways is that it made our
first responders and our volunteer firefighters front-line warriors in
the war against Islamic terrorism. That is why it is essential that
they receive the same protections as our warriors fighting overseas.
They are at the front line and deserve our support. I am proud to
support the amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Andrews).
The amendment was agreed to.
Amendment No. 5 Offered by Ms. Corrine Brown of Florida
The Acting CHAIRMAN. It is now in order to consider amendment No. 5
printed in House Report 110-136.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Ms. Corrine Brown of Florida:
Insert at the end of title XI the following:
SEC. 1122. CONSIDERATION OF TOURISM IN AWARDING URBAN AREA
SECURITY INITIATIVE GRANTS.
In awarding grants under the Urban Area Security
Initiative, the Secretary of Homeland Security shall take
into consideration the number of tourists that have visited
an urban area in the two years preceding the year during
which the Secretary awards the grant.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the
gentlewoman from Florida (Ms. Corrine Brown) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I rise today to urge my
colleagues to support my amendment.
This amendment would direct the Secretary of Homeland Security to
consider the number of tourists who have visited an urban area in the 2
years preceding the year the Secretary awards Urban Area Security
Initiative Grants.
Urban Area Security Initiative Grants are designed to fund activities
to prevent, protect against, and respond to terrorist attacks and
catastrophic events in designated high-threat, high-risk urban areas.
{time} 1515
The Department of Homeland Security uses a number of factors to
allocate funds and assess risks, including special events, theme parks
and population. However, a critical element is missing from their list
of factors. Homeland Security has yet to explicitly account for
tourists as a risk factor when allocating Urban Area Security
Initiative Grants.
A recent Congressional Research Service report says due to the
potential for mass casualty incidents and economic damage from
terrorist attacks, tourist locations are at risk. In addition to the
location of tourist destinations, the tourist population could possibly
be at risk, too.
Heavy tourist areas present a twofold incentive for terrorists: a
high probability of a sizeable number of casualties and damage to the
economy. A 2005 study by the Rand Corporation found that terrorists
have an increased concentration on civilian targets and an ongoing
emphasis on economic attacks.
Most experts agree the evidence shows that terrorists are seeking to
kill as many people as possible. The high number of tourists who are
staying at any given time in tourist magnets such as Orlando or Miami
significantly increases the potential consequence of an attack in those
cities. Congress cannot let terrorists exploit this gap in our grant
funding.
In addition, the economic danger resulting from a terrorist attack on
a tourist location is another incentive. Terrorist attacks depress
consumer confidence and spending that hurts businesses, undermines
investment and our overall economic condition. Congress must ensure
that the Department of Homeland Security considers this incentive for
terrorists when distributing Urban Area Security Initiative Grants.
In past years, concerns were raised that the Department did not
adequately account for the large tourist population in cities such as
Las Vegas, Orlando and San Diego when they calculated the risk for our
Nation's urban areas. In fact, in fiscal year 2006, Las Vegas and San
Diego were left off the list of the top 35 cities that were eligible to
receive grants under the UASI program.
The Department of Homeland Security has been very secretive regarding
how Urban Area Security Initiative Grants are allocated. A recent
General Accountability Office report stated, ``DHS has not provided us
documentation on what analyses were conducted, how they were conducted,
how they were used and how they affected the final risk assessment
scores and relative rankings.''
The Department of Homeland Security has made claims that they
consider tourist populations, but the problem is Homeland Security has
not been specific regarding risk assessment methods or providing
Congress adequate information to prove that they have done so. Although
the Department of Homeland Security made administrative changes to the
fiscal year 2007 grant process to account for tourist populations, my
amendment would clearly codify this change.
I urge my colleagues to adopt this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I rise to claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KING of New York. Mr. Chairman, I yield myself as much time as I
may consume, and I would say at the outset that my understanding is
that this is already factored in by the Department of Homeland
Security, the whole issue of tourism. Also, similar language is
included in H.R. 1 and S. 4 which currently are ready to go to
conference.
Having said that, no harm, no foul. I have no objection to the
language. I think it is unnecessary, but having said that, I will not
oppose the amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. CORRINE BROWN of Florida. Mr. Chairman, how much time do I have?
The Acting CHAIRMAN. The gentlewoman from Florida has 1 minute
remaining.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I yield the remaining
time to the gentleman from Texas (Mr. Al Green).
Mr. AL GREEN of Texas. Mr. Chairman, I thank the gentlewoman, and I
commend her for bringing this amendment to the floor.
This amendment is going to accord the kind of protection that
tourists deserve and should receive in high-density areas. It is odd
that Las Vegas, Orlando and San Diego were not adequately considered.
We are talking about $746.9 million that will be allocated to 46 urban
areas.
I strongly support the amendment. It will provide the protection that
tourists richly deserve.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I am asking that the
ranking member on the other side yield 1 minute to Ms. Berkley because
I think I am out of time.
The Acting CHAIRMAN. The gentleman from New York (Mr. King) has
already yielded back the balance of his
[[Page H4696]]
time. The gentlewoman from Florida (Ms. Corrine Brown) does have 28
seconds remaining.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I yield 28 seconds to the
gentlewoman from Nevada (Ms. Berkley).
Ms. BERKLEY. Mr. Chairman, I thank Ms. Brown for introducing this.
This is essential that we provide the necessary resources for those
areas in our country that have a high number of tourists. Las Vegas is
home to 1.9 million residents, but at any given time, we have over
300,000 visitors.
Now, God forbid anything should happen, they are not in the formula,
but they are the ones that are going to be most needy because they are
away from home. They do not know how to access facilities. We need to
provide for these people, and I suspect that that is the case at all
tourist destinations.
I rise in support of this amendment, which ensures that we take
tourism into account when calculating a city's homeland security risk
level. The Urban Area Security Initiative (UASI) addresses the homeland
security needs of high-threat, high-density Urban Areas, and assists
them in preventing, and recovering from acts of terrorism.
Las Vegas, my district, is a rapidly growing city, but it is even
bigger when you add the 40 million tourists who visit our city every
year. These tourists are particularly vulnerable because they are far
from home and aren't familiar with our city. Al Qaeda and other
terrorist groups have made it clear they intend to attack our most
vulnerable populations, where they can do the most harm to our economy
and our confidence.
The areas Mrs. Brown and I represent are dependent on tourism and the
dollars they bring in. It is therefore essential that tourists be
included in any risk assessments for homeland security.
And yet, last year, Las Vegas was left off the list entirely due to
various data errors and thoughtless criteria. Over 100,000 tourists per
day were completely overlooked. I worked with the Department of
Homeland Security to ensure that Las Vegas was ultimately included, but
there is no guarantee it couldn't happen again.
Thankfully, this amendment would make sure that--by law--tourism
would be taken into account when calculating risk. It's the right thing
to do, it's the smart thing to do and it's the safe thing to do. I urge
support for this amendment and thank the gentlewoman from Florida.
The Acting CHAIRMAN. All time for debate has expired on this
amendment.
The question is on the amendment offered by the gentlewoman from
Florida (Ms. Corrine Brown).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Castle
The Acting CHAIRMAN. It is now in order to consider amendment No. 6
printed in House Report 110-136.
Mr. CASTLE. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Castle
At the end of title XI, insert the following:
SEC. __. STUDY OF FOREIGN RAIL SECURITY PRACTICES.
The Secretary shall--
(1) study select foreign rail security practices, and the
cost and feasibility of implementing selected best practices
that are not currently used in the United States, including--
(A) implementing covert testing processes to evaluate the
effectiveness of rail system security personnel;
(B) implementing practices used by foreign rail operators
that integrate security into infrastructure design;
(C) implementing random searches or screening of passengers
and their baggage; and
(D) establishing and maintaining an information
clearinghouse on existing and emergency security technologies
and security best practices used in the passenger rail
industry both in the United States and abroad; and
(2) report the results of the study, together with any
recommendations that the Secretary may have for implementing
covert testing, practices for integrating security in
infrastructure design, random searches or screenings, and an
information clearinghouse to the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 1 year after the date of
enactment of this Act.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Delaware (Mr. Castle) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Delaware.
Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume.
I rise to offer a critical amendment to this legislation before us
today.
Yesterday, it was revealed that several individuals operating out of
the Philadelphia area had plotted to attack key installations in the
Northeast, including Fort Dix, New Jersey, and Dover Air Force Base in
my home State of Delaware. While the tremendous work of our law
enforcement community prevented these attacks from taking place, this
case serves as a clear reminder that terrorists are intent on attacking
us wherever we are vulnerable.
One of our greatest vulnerabilities remains our mass transit systems,
which move millions of people every year. In fact, terrorists are
increasingly targeting rail and transit systems throughout the world,
and the recent bombings in India, London and Madrid are clear evidence
of this dangerous trend.
While the concept of rail security is relatively new here at home,
security officials in Europe and Asia have decades of experience with
terrorist attacks, and I have long believed in the importance of
leveraging this experience to improve our own system.
In 2003, I asked the General Accountability Office to undertake an
in-depth study of foreign rail security practices. Over the course of
several months, the GAO team visited 13 different foreign rail systems,
and its subsequent report identified several innovative measures to
secure rail systems, many of which are currently being used in the
United States.
Most significantly, however, the GAO report identified four important
foreign rail security practices that are not currently being used to
any great extent in the United States.
First, the report found that other nations had improved the vigilance
of their security staff by performing daily unannounced events, known
as covert testing, to gauge responsiveness to incidents such as
suspicious packages or open emergency doors.
Similarly, two of the 13 foreign operators interviewed by GAO also
reported success using some form of random screening to search
passengers and baggage for bombs and other suspicious materials. This
practice has been used sporadically in the U.S., including in New York
City following the 2005 London bombings, but it has never been
implemented for any continuous period of time.
The GAO also noted that many foreign governments maintain a national
clearinghouse on security technologies and best practices. Such a
government-sponsored database would allow rail operators to have one
central source of information on the merits of rail security
technology, like chemical sensors and surveillance equipment.
Finally, while GAO noted that the Department of Transportation has
taken steps to encourage rail operators to consider security when
renovating or constructing facilities, many foreign operators are still
far more advanced when it comes to incorporating aspects of security
into infrastructure design.
For example, this photograph of the London Underground demonstrates
several security upgrades, such as vending machines with sloped tops to
reduce the likelihood of a bomb being placed there, clear trash bins
and netting throughout the station to prevent objects from being left
in recessed areas. As you can see, the London stations are also
designed to provide security staff with clear lines of sight to all
areas of the station, including underneath benches and ticket machines.
The British Government has praised these measures for deterring
terrorist attacks, and in one incident, their security cameras recorded
IRA terrorists attempting to place an explosive device inside a
station. According to London officials, due to infrastructure design
improvements, the terrorists were deterred when they could not find a
suitable location to hide the device inside the station.
While the GAO acknowledged that deploying these four practices in
this country may be difficult, in fact random screening may pose many
challenges, it is clear that these foreign security techniques deserve
greater consideration.
[[Page H4697]]
Therefore, the amendment I am offering today would take steps to
improve rail and transit security by requiring the Secretary of
Homeland Security to study the cost and feasibility of implementing
these practices and submit a report making recommendations to the
Homeland Security and Transportation Committees within 1 year of
enactment.
Mr. Chairman, recent attacks on rail and transit throughout the world
underscore the importance of acting now to upgrade security here at
home. My amendment will make certain that we are knowledgable and
consider all available options when it comes to ensuring the safety and
security of our rail system.
Mr. Chairman, I reserve the balance of my time.
Mr. AL GREEN of Texas. Mr. Chairman, I rise to claim the time in
opposition to the amendment. However, I do not oppose the amendment.
The Acting CHAIRMAN. The gentleman from Texas is recognized for 5
minutes.
Mr. AL GREEN of Texas. Mr. Chairman, I yield 1\1/2\ minutes to the
gentlewoman from Florida (Ms. Corrine Brown).
Ms. CORRINE BROWN of Florida. Mr. Chairman, I rise in support of the
amendment.
As chair of the Rail Subcommittee, we have done initial studies, and
we have found that we are celebrating the anniversary of the bombing in
Madrid, the bombing in London, the bombing in India, and yet the
administration has not come forward with recommendations as to how to
secure our rail system, how to implement a program to safeguard that we
do not have this kind of attack on homeland security here in the United
States.
So I strongly support the amendment
March 11th marked the third anniversary of the train bombings in
Madrid, and we have seen terrorist attacks in London and India in each
year since. Yet the Bush Administration and past Republican leadership
has done little to protect our Nation's freight rail or the millions of
passengers that use public transportation every day.
The anniversary of this terrible tragedy again raises the serious
question of whether we are prepared in this country for a similar
attack. Sadly, that answer is a resounding NO. But with the passage of
this legislation, we will start investing the money that is needed to
safeguard our rail and transit infrastructure from those who wish us
harm.
The Federal Government has focused most of its attention on enhancing
security in the airline industry and has largely ignored the needs of
public transit agencies and railroads. Yet, worldwide, more terrorist
attacks have occurred on transit and rail systems since 9/11 than on
airlines.
In 2006, we dedicated $4.7 billion to the airline industry for
security, while 6,000 public transit agencies and one national
passenger railroad, Amtrak, had to share a meager $136 million total
for security upgrades. Nothing was provided to the 532 freight
railroads for security upgrades.
Fortunately for the traveling public, the legislation on the floor
today will address the security challenges facing our Nation's transit
and rail systems.
This bill requires comprehensive security plans; strengthens
whistleblower protections for workers; mandates security training;
improves communication and intelligence sharing; authorizes a higher-
level of grant funding for Amtrak, the freight railroads, and public
transportation providers; and provides funding for life-safety
improvements to the tunnels in New York, Boston, and Washington, DC.
Most importantly, it helps make sure our communities, our First
Responders, and our transit and rail workers are safe and secure. And
it does all of this through a coordinated effort between the Department
of Homeland Security and the Department of Transportation, the agency
that has the expertise to deal with transportation safety issues.
We are way behind many other countries in protecting our transit and
rail systems, but with the new leadership in Congress and this
comprehensive legislation, we have a plan that will protect millions of
transit and rail passengers and the communities through which freight
railroads operate from harm, while keeping the trains running on time.
I encourage all my colleagues to do the right thing for your
constituents and support this long overdue rail and transit security
legislation.
Mr. CASTLE. How much time do I have left, Mr. Chairman?
The Acting CHAIRMAN. The gentleman from Delaware has 1 minute
remaining.
Mr. CASTLE. Mr. Chairman, let me just close by thanking those on the
other side who have spoken in favor of the amendment and for their
support of it. I truly believe that this is a small but a very
significant step perhaps in preventing terrorism in mass transit in the
United States. It is the reason I hope we all can support it.
Mr. Chairman, I yield back the balance of my time.
Mr. AL GREEN of Texas. Mr. Chairman, I yield myself such time as I
may consume.
I would like to, if I may, extend, my greatest appreciation to Mr.
Castle for bringing this amendment to the floor. It is very thoughtful,
and it is very timely.
Mr. Speaker, we must learn from the experiences of others. This
amendment will provide us an opportunity to study the best practices
available and to benefit from these practices by implementing policies
and procedures within our country that will help to secure our rail
system.
This is a good amendment, and I strongly urge my colleagues to
support it. And again, I commend the gentleman for bringing it to the
floor.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. All time for debate on the amendment having
expired, the question is on the amendment offered by the gentleman from
Delaware (Mr. Castle).
The amendment was agreed to.
{time} 1530
Amendment No. 7 Offered by Mr. Hastings of Florida
The Acting CHAIRMAN. It is now in order to consider amendment No. 7
printed in House Report 110-136.
Mr. HASTINGS of Florida. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Hastings of Florida:
At the end of title XI, insert the following:
SEC. 2211. FEMA RECOVERY OFFICE IN FLORIDA.
(a) Establishment.--To provide eligible Federal assistance
to individuals and State, local, and tribal governments
affected by Hurricanes Charley, Frances, Ivan, Jeanne, Wilma,
Tropical Storm Bonnie, and other future declared emergencies
and major disasters, in a customer-focused, expeditious,
effective, and consistent manner, the Administrator of the
Federal Emergency Management Administration shall maintain a
recovery office in the State of Florida for a period of not
less than three years after the date of enactment of this
Act.
(b) Structure.--The recovery office shall have an executive
director, appointed by the Administrator, who possesses a
demonstrated ability and knowledge of emergency management
and homeland security, and a senior management team.
(c) Responsibilities.--The executive director, in
coordination with State, local, and tribal governments, non-
profit organizations, including disaster relief
organizations, shall--
(1) work cooperatively with local governments to mitigate
the impact of a declared emergency or major disaster; and
(2) provide assistance in a timely and effective manner to
residents of Florida and other States as determined
appropriate by the Administrator for recovery from previous
and future declared emergencies and major disasters.
(d) Staffing.--Staffing levels of the recovery office shall
be commensurate with the current and projected workload as
determined by the Administrator.
(e) Performance Measures.--To ensure that the recovery
office is meeting its objectives, the Administrator shall
identify performance measures that are specific, measurable,
achievable, relevant, and timed, including--
(1) public assistance program project worksheet completion
rates; and
(2) the length of time taken to reimburse recipients for
public assistance.
(f) Evaluation.--The Administrator shall evaluate the
effectiveness and efficiency of the recovery office in the
State of Florida in meeting the requirements of this section.
Not later than three years after the date of enactment of
this Act, the Administrator shall report to the Committee on
Transportation and Infrastructure of the House of
Representatives on whether continuing to operate such office
is necessary.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Florida (Mr. Hastings) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. HASTINGS of Florida. Mr. Chairman, I yield myself such time as I
may consume.
I rise today to offer an amendment to the Department of Homeland
Security
[[Page H4698]]
bill which would establish in statute, a FEMA Office of Long-Term
Recovery in Florida for a period of no less than 3 years.
FEMA initially opened an Office of Long-Term Recovery in Florida
following the devastating 2004 hurricane season, which left my home
State in peril following the landfall of four Category 3 or greater
hurricanes. The results have been incredible, and it hasn't only been
residents of my State who benefited from the work that FEMA is doing in
Florida and elsewhere.
Since it was created, the office has reduced response times to
disasters and helped to mitigate the impact of future storms.
In the first months of the office's existence, FEMA officials were
successful in more than doubling public assistance reimbursements from
$1 billion to $2 billion. Moreover, the full-time recovery staff, well
versed in State and Federal and local policies, was able to rectify the
mistakes made by previous emergency management teams.
The permanencies of the staff and the relationships they have
cultivated with local governments, nonprofits, communities and Federal
officials have reduced FEMA's response time to disasters, saving
taxpayers' dollars and lives, while reducing confusion.
From this office, more mitigation funds have gone out to recipients
than ever before in FEMA's history. The office also closed down two
large-scale housing missions, something never accomplished in all of
FEMA's history. Florida's Office of Long-Term Recovery has made FEMA
more of a customer-oriented business, where citizens and government
alike are better served by more responsive managing.
Congress has already established long-term recovery offices in
Mississippi, Louisiana, Alabama and Texas, and rightly so. It would be
appropriate that we officially establish a similar one in Florida to
serve the State and region. Footnote there, there is a storm off the
east coast that has now been named, which is indicative of the fact
that we can expect not only Florida but the areas mentioned to continue
to have this problem. It is the eve of hurricane season; and the House,
acting today, could not be more timely.
Before I conclude, I want to thank the chairman and ranking member of
the Homeland Security Committee and the Transportation and
Infrastructure Subcommittee. I would like to especially thank,
personally, Mr. Thompson of Mississippi and Mr. Oberstar and my good
friend from New York (Mr. King) and Mr. Mica for their help on this
amendment. They all know the great benefit that this office provides
for the State of Florida and the entire region, and I ask for my
colleagues' support.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I claim the time in opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KING of New York. Mr. Chairman, I commend the gentleman from
Florida. I support his amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. HASTINGS of Florida. Mr. Chairman, I yield back the balance of my
time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Hastings).
The amendment was agreed to.
The Acting CHAIRMAN. It is now in order to consider amendment No. 8
printed in House Report 110-136.
Amendment No. 9 Offered by Mr. Stupak
The Acting CHAIRMAN. It is now in order to consider amendment No. 9
printed in House Report 110-136.
Mr. STUPAK. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. Stupak:
At the end of title IX, add the following:
SEC. 908. REPORT ON INTEGRATED BORDER ENFORCEMENT TEAM
INITIATIVE.
Not later than 1 year after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit a
report to the Congress on the status of the Integrated Border
Enforcement Team (IBET) initiative. The report should include
an analysis of current resources allocated to IBETs, an
evaluation of progress made since the inception of the
program, and recommendations as to the level of resources
that would be required to improve the program's effectiveness
in the future.
In the table of contents, insert after the item relating to
section 907 the following:
Sec. 908. Report on Integrated Border Enforcement Team initiative.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Michigan (Mr. Stupak) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. STUPAK. I want to thank Chairman Thompson and the Homeland
Security Committee for their work on this bill. I think it's an
excellent piece of legislation and will go a long way towards making
the Department of Homeland Security more accountable and effective.
Mr. Chairman, I rise to ask my colleagues to support my amendment to
H.R. 1684, which would require the Secretary to conduct a study on ways
to improve the effectiveness of the Integrated Border Enforcement Team,
or IBET program. IBETs are already one of the border's great security
success stories of the post-9/11 era. The program grew out of a history
of informal cooperation between American and Canadian border protection
officers.
In December 2001, the IBET concept was made official as part of the
Smart Border Declaration signed by the United States and Canada. As a
former law enforcement officer, I know that access to timely, reliable
information is one of the most effective, important tools an officer
can have. IBETs allow law enforcement officers from along our northern
border to collaborate in real time and share information and expertise
with their Canadian counterparts.
This strategy has paid off along our northern border. In the past
year alone, IBETs helped to break up several organized criminal
operations that were smuggling drugs and people into the United States,
leading to dozens of arrests and confiscation of millions of dollars in
drug and cash.
I have seen firsthand how important this program is to local border
protection officers. One of the 15 current IBET sites is in my district
in Sault Ste. Marie, Michigan.
The IBET consists of area law enforcement officers from the United
States and Canada, including cooperation with county and local police
officers, Customs and Border Protection agents, the Coast Guard and
Canadian border officers and police officers. The officers involved in
this IBET have been unanimous in telling me how much IBET has improved
their ability to police the border and make our homeland more safe and
secure.
I am concerned, however, that the potential of the IBET has not been
fully realized at Sault Ste. Marie and other sites. The Department of
Homeland Security has not assigned a full-time officer to monitor and
lead the IBET, instead defining IBET as ``collateral duty'' for an
officer who already has a full-time job. The previous IBET chairperson
was transferred to a post in Miami, leading to a loss of valuable
institutional knowledge.
Finally, there is no specific funding line for IBET activities; and
direct funding has been minimal, in fact, only $5,000 for 15 IBETs for
2006.
My amendment would require the Secretary to report to Congress on the
resources currently being devoted to the IBET program. In addition, the
amendment asks the Secretary to make recommendations to Congress on how
to make the IBET program even more effective in the future. It is clear
that when the IBET program is fully funded and staffed it can be a
powerful tool for law enforcement. My amendment is intended to improve
accountability and oversight for the IBET program and ensure that all
IBETs, not just some, receive the resources they need to be truly
effective.
Once again, I would like to thank the chairman and the ranking member
for their outstanding work on this bill and for their willingness to
support this amendment. I urge support of the Stupak amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I claim the time in opposition.
The Acting CHAIRMAN. The gentleman from New York is recognized for 5
minutes.
[[Page H4699]]
Mr. KING of New York. Mr. Chairman, I recognize myself for as much
time as I may consume.
Mr. Chairman, I want to commend the gentleman from Michigan for this
amendment and for bringing his law enforcement expertise to the
Congress in so many ways for so many years. I urge adoption of the
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. STUPAK. I appreciate the comments from Mr. King, and I yield the
remaining time to Mr. Green, my friend from Texas.
Mr. AL GREEN of Texas. How much time do I have, Mr. Chairman?
The Acting CHAIRMAN. The gentleman from Texas is recognized for 1\1/
2\ minutes.
Mr. AL GREEN of Texas. Mr. Chairman, I would like to commend Mr.
Stupak for this outstanding amendment. This amendment is one of our
best bets; and, hence, I think IBET is a great way to style the team
that will be working.
This amendment will accord us an opportunity to have Customs
enforcement, the Coast Guard, the immigration authority, Border Patrol,
the Royal Canadian Mounted Police all work together to help thwart and
hopefully end any human trafficking, drug trafficking, and cross-border
terrorist activities that may take place.
This is a very thoughtful amendment. It provides an opportunity for
our countries, Canada and the United States, to work together in the
best effort possible to secure the northern border
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Stupak).
The amendment was agreed to.
Amendment No. 10 Offered by Mr. Hastings of Washington
The Acting CHAIRMAN. It is now in order to consider amendment No. 10
printed in House Report 110-136.
Mr. HASTINGS of Washington. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 offered by Mr. Hastings of Washington
In section 801, amend paragraph (7) to read as follows:
(7) a plan for leveraging the expertise of the National
Laboratories, the process for allocating funding to the
National Laboratories, and a plan for fulfilling existing
National Laboratory infrastructure commitments to maintain
current capabilities and meet mission needs; and
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Washington (Mr. Hastings) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. HASTINGS of Washington. Mr. Chairman, this amendment would
require the Department of Homeland Security, or DHS, to report on a
plan for fulfilling its infrastructure commitments at our national
laboratories.
I want to thank my two Washington State colleagues, Mr. Norman Dicks
and Mr. Dave Reichert, a member of the committee, for their co-
sponsorship of this amendment.
This amendment ensures that national laboratory infrastructure
changes will not interrupt security programs needed by DHS.
When DHS was established, it inherited facilities around the Nation
and from other agencies, some of which were aging and in need of
repair. These capital facilities include critical components involving
radiological and nuclear countermeasures, threat vulnerabilities and
threat assessments, as well as work on biological and chemical
countermeasures. In order for DHS to carry out its mission to protect
our Nation, it is critical that the Department have the facilities that
it needs.
At the Pacific Northwest National Laboratory, PNNL, in Washington
State, critical DHS research and development will be transferred to new
facilities as existing labs are torn down for environmental cleanup
activities at the 300 Area of the Hanford Federal nuclear site in my
district.
In 2006, the DHS Under Secretary for Science and Technology signed an
MOU with the Department of Energy and National Nuclear Security
Administration that established funding commitments for the agencies
involved in the transition of PNNL's facilities from the 300 Area to
new lab space. This MOU underscores DHS's critical role in making sure
national security related work at PNNL will not be interrupted by this
transition.
This amendment I have introduced is not only important to the State
of Washington and my constituents but also to our overall national
security. I understand that this has been accepted on both sides, and I
want to thank Chairman Thompson and Ranking Member King for agreeing to
agree with that.
Mr. Chairman, I reserve the balance of my time.
Mr. AL GREEN of Texas. Mr. Chairman, I would like to claim time in
opposition to the amendment. However, I do not oppose it and, in fact,
would like to say a word, if I might, in support of it.
The Acting CHAIRMAN. The gentleman from Texas is recognized for 5
minutes.
Mr. AL GREEN of Texas. I think this is an appropriate amendment that
Mr. Hastings has brought to the attention of the House. It is most
appropriate that we have a strategic plan that would provide some
leverage such that the expertise of the national lab can be properly
utilized.
This is a national plan. It is one that is most appropriate, and we
support it. We commend the gentleman for bringing it to the attention
of the House.
Mr. HASTINGS of Washington. Mr. Chairman, I yield to the ranking
member from New York.
Mr. KING of New York. I thank the gentleman from Washington for
yielding. I commend him for this amendment, and I strongly urge its
adoption
Mr. DICKS. Mr. Chairman, I am pleased to join the gentleman from
Washington, Mr. Hastings, in amending H.R. 1684 to emphasize what we
believe is an important connection between our national research
laboratories and the Department of Homeland Security, DHS.
Our amendment would simply insert in the bill a requirement of the
Department to report to Congress about its plan for ``leveraging the
expertise of the National Laboratories, the process for allocating
funding to the National Laboratories and . . . for fulfilling existing
National Laboratory infrastructure commitments to maintain current
capabilities and mission needs.''
I believe the national labs represent a tremendously valuable
resource that can and should be used by the Department of Homeland
Security to protect our population. With expertise it biological,
chemical, radiological and nuclear science and technology and computer
and information science the national laboratories--those controlled by
the Homeland Security Department as well as the laboratories under the
jurisdiction ofl the Department of Energy--can play a vital role in the
prevention, deterrence, detection, mitigation and attribution of the
use of weapons of mass destruction. DHS has already initiated a series
of cooperative arrangements with several of the labs recognizing the
great synergy that is possible through combined research efforts.
Congressman Hastings and I have been working on one such cooperative
program with the Pacific Northwest National Laboratory, PNNL, in the
State of Washington. Under a Memorandum of Understanding, the
Department of Homeland Security, the Energy Department's National
Nuclear Security Administration and DOE's Office of Science are
contributing to PNNL's Capability Replacement Laboratory, CRL, to
replace mission critical RDT&E capabilities that will be otherwise lost
as a result of the Department of Energy Environmental Management
Office's accelerated cleanup of Hanford's 300 Area. Among the
capabilities of the CRL that should and will be utilized by DHS are
radiation detection and analysis, information analytics, and the
testing, evaluation and certification of new methods and technologies.
According to the interagency MOU signed by all parties, DHS was
expected to provide $25 million for the project in FY 2008; however,
the President's budget does not include the funds. With construction
scheduled to begin this year, we are now worried about the future of
this project due to the lack of attention to this issue at DHS.
Although Congressman Hastings and I are working to correct this
situation in the FY 2008 budget, I believe this situation highlights
the need to examine more closely the relationship of the labs to the
Department's R&D effort. Thus, our amendment calls for a report to
Congress on the Homeland Security Department's strategic plan for its
research efforts to include a plan for fulfilling existing national
laboratory infrastructure commitments in order to maintain current
capabilities and mission needs.
Our hope is that such a public clarification of the role of the labs
can help the Department to make a stronger case to Congress for
[[Page H4700]]
the importance of the work at PNNL as well as the other important
national research laboratories.
Mr. HASTINGS of Washington. Mr. Chairman, I yield back the balance of
my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Washington (Mr. Hastings).
The amendment was agreed to.
{time} 1545
The Acting CHAIRMAN. It is now in order to consider amendment No. 11
printed in House Report 110-136.
Parliamentary Inquiry
Mr. KING of New York. Mr. Chairman, I have a parliamentary inquiry.
The Acting CHAIRMAN. The gentleman from New York is recognized for
his parliamentary inquiry.
Mr. KING of New York. Mr. Chairman, can you tell us the current
status of the Committee of the Whole, what is being considered at this
time?
The Acting CHAIRMAN. It is now in order to consider amendment No. 12
printed in House Report 110-136.
It is now in order to consider amendment No. 13 printed in House
Report 110-136.
It is now in order to consider amendment No. 14 printed in House
Report 110-136.
Amendment No. 15 Offered by Mr. Terry
The Acting CHAIRMAN. It is now in order to consider amendment No. 15
printed in House Report 110-136.
Mr. TERRY. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 15 offered by Mr. Terry
At the end of title XI add the following:
SEC. __. REQUIREMENT TO CONSULT STATES REGARDING GRANT
AWARDS.
Before the release by the Department of Homeland Security
of any information regarding the award of any grant to a
State with amounts authorized under section 101, including
before submitting to Congress any list of such grant awards,
the Secretary of Homeland Security shall consult with States.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Nebraska (Mr. Terry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Nebraska.
Mr. TERRY. Mr. Chairman, I appreciate the recognition.
This is a rather simple and focused amendment that recognizes that
our Homeland Security Department has had difficulties communicating to
its partners. My Governor called me last year when the press showed up
in his office and wanted an answer about a grant and no one had
notified the Governor's office. We contacted the National Governor's
Association, NGA, and found out that this is a very deep and epidemic
problem with our Department of Homeland Security.
So all that we are asking in this amendment is that in regard to
grants that affect the State, that the State be put into the
communication loop so when reporters show up at their office asking for
comment, they actually know what the reporters are talking about.
I think it is egregious that reporters get to be notified sooner than
the grant recipient or the State that was denied the grant.
Mr. Chairman, I reserve the balance of my time.
Mr. AL GREEN of Texas. Mr. Chairman, I rise in opposition to the
amendment; however, I do not oppose the amendment and would support it.
The Acting CHAIRMAN. The Member from Texas is recognized for 5
minutes.
Mr. AL GREEN of Texas. Mr. Chairman, let me say simply that I thank
the Member for bringing this amendment to the attention of the floor of
the House and would encourage my colleagues to support it.
Mr. Chairman, I yield back the balance of my time.
Mr. TERRY. Mr. Chairman, with that very articulately stated and
persuasive argument, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Nebraska (Mr. Terry).
The amendment was agreed to.
Amendment No. 16 Offered by Mr. King of New York
The Acting CHAIRMAN. It is now in order to consider amendment No. 16
printed in House Report 110-136.
Mr. KING of New York. Mr. Chairman, can you just tell me what
amendments have gone by and what amendments are coming up now?
The Acting CHAIRMAN. We are on amendment No. 16.
Mr. KING of New York. Mr. Chairman, I will ask to be the designee of
Mr. Mica.
The Acting CHAIRMAN. The gentleman is recognized as the designee of
Mr. Mica.
It is now in order to consider amendment No. 16 printed in House
Report 110-136.
Mr. KING of New York. Mr. Chairman, I am introducing the Mica
amendment as his designee.
The Acting CHAIRMAN. Without objection, the Clerk will designate the
amendment.
There was no objection.
The text of the amendment is as follows:
Amendment No. 16 offered by Mr. King of New York
In section 1102(a) of the bill, after ``The Secretary of
Homeland Security'' insert ``and the Secretary of
Transportation''.
In section 1102(a) of the bill, strike ``the Department of
homeland security'' and insert ``the Department of Homeland
Security, the Department of Transportation,''
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from New York (Mr. King) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. KING of New York. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, this amendment adds the Secretary of Transportation to
a study to increase incentives for the sharing of critical
infrastructure information with the Department of Homeland Security.
The Homeland Security Act of 2002 included the Critical
Infrastructure Act in title II. All agencies will benefit from this
study. I know that Congressman Mica has put effort into it. It has, my
understanding, bipartisan support.
Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I claim the time in
opposition, and I am opposed to the amendment.
The Acting CHAIRMAN. The gentlewoman from Texas is recognized for 5
minutes.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in opposition to the
gentleman's amendment. And might I indicate, because I know Members are
in their offices working and committees, and deliberations on the floor
are instructive to the Members and their staff, make it very clear of
the cooperative and collaborative relationship that the Homeland
Security Committee has had with the Transportation and Infrastructure
Committee, along with many other committees. Let me reemphasize the
very strong working relationship of the chairman of the Homeland
Security Committee and the chairperson of the Transportation Committee.
So this amendment is unnecessary. We have worked closely together on
this bill and on many issues. I specifically remember the close
relationship that we had in working on the rail security bill, where we
are jointly responsible for securing the Nation's transportation system
or rail transportation system.
This amendment, though possibly well-intended, unnecessarily creates
a bureaucratic and burdensome process to what should be a simple study.
Let us be reminded of the 9/11 Commission. The 9/11 Commission wanted
to emphasize the ending of bureaucratic red tape. That is why we have
the Homeland Security Department and the Homeland Security Committee.
Specifically, this amendment seeks to add the Secretary of
Transportation to a study on incentives to secure critical
infrastructure information for private stakeholders. Mr. Chairman, we
all know what happens when we have too many cooks in the kitchen. We
also know that we have a working relationship between our committees
and between the Members of this Congress, and also a duty and
responsibility to Homeland Security Committee to ensure the securing of
this Nation
[[Page H4701]]
through the securing and the responsibilities of the Homeland Security
Department. Adding more layers to a project like this only assures that
the project will not get done in a timely manner.
The Secretary of Homeland Security is charged with working to
identify and help with other agencies and protect critical
infrastructure. That is a component of our committee and the
subcommittee that was set up by the chairman of this committee and the
subcommittee that I serve to ensure efficiency. The Secretary of
Homeland Security by himself is more than capable of working to
complete a study of incentives, infrastructure, stakeholders, to share
information with the government.
For these reasons, I oppose this amendment. And I would simply say to
my colleagues, what did the 9/11 Commission dictate or ask us to do?
Thoughtfully streamline the process of securing America and make sure
that we are attentive, we are efficient, and we get the job done. Lives
are at stake.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I yield the balance of my time to
the author of the amendment, Mr. Mica.
Mr. MICA. Mr. Chairman, I thank the ranking member for yielding me
time and also for presenting my amendment.
My amendment would have required that the Department of
Transportation participate in the infrastructure study that is required
by this legislation. My amendment ensures that the government
transportation experts are fully utilized to identify cost-effective
measures for protecting critical infrastructure. Right now, as the bill
is drafted, it is just limited to Homeland Security leading that
effort.
Because our highest risk in this center is involved in addressing
risks, terrorist risks, our highest risks are transportation and
infrastructure under the jurisdiction of the Department of
Transportation, it would only be logical to include them in this
effort. I believe the bill as drafted was a mistake, and why the
Congress would require a critical infrastructure study like this and
not include the Federal agency that has the expertise and the private
sector relationships necessary to get the job done. So, again, I have
concerns about doing this further directive by the bill.
If you stop to look at what the risks are as far as terrorist risks:
Look at the 1993 bombing of the World Trade Center; look at the 1995
Tokyo subway sarin gas attack; look at the Oklahoma City bombing
against an infrastructure facility; look at the 9/11 attack using
aviation transportation equipment on the World Trade Center and on the
Pentagon; look at the Madrid train bombings; look at the London
underground train and bus bombings.
What do they all have in common? They have in common transportation.
What does the provision that they have included in this bill have in
it? Homeland Security, with no participation with the Department of
Transportation. The Department of Transportation also handles these
transportation and infrastructure issues and really should be a part of
this study if it in fact goes forward.
Now, consider some of our greatest concerns, attacks on hazardous
materials, pipelines, chlorine gas, tank cars and transit systems.
These are all areas regulated by DOT. And they want to leave them out
of this study. The DOT has a long working relationship with all of
these transportation and infrastructure issues, and I believe DOT would
be a vital partner in assessing the risks and economic analysis
associated with the terrorist attacks on our critical infrastructure.
And part of the study here is to find out how to get the private
sector to participate in this. Who else would be better equipped, a
bureaucracy of 177,000 or whatever it is up to, 200,000, in Homeland
Security that doesn't have a clue or people who actually work with
people in transportation, on transportation projects and with those
projects and systems that may be at risk?
Including DOT will help us avoid problems like throwing billions of
dollars at transit systems without understanding its impact on our
economy and mobility.
I should point out finally that DOT is already involved in some of
the critical infrastructure planning, and my amendment is simply an
extension of that effort. It is a reasonable amendment. It doesn't
replace or duplicate the Department of Homeland Security or diminish
their role over these critical infrastructure protection efforts. And
if other appropriate agencies or sectors are being left out, I think
they should also be included in the effort. But to leave out DOT is to
leave out the success that we need to make any kind of study or future
partnership of working together to address terrorist risks and threats.
{time} 1600
So I thank also Ms. Castor from my State of Florida for offering an
amendment today.
Ms. JACKSON-LEE of Texas. I thank the distinguished chairman.
Let me just simply say to my good friend, nothing precludes the
engaging by the Homeland Security Department of those who have a
stakeholder's role. Remember, this is an assessment of critical
infrastructure on the issue of security.
The rules of the House designate the Homeland Security Committee as
the committee that deals with the question of security. In addition,
none of us work in a vacuum; and we would expect this center of
excellence to engage those necessary parties.
This amendment is opposed by the committee. This amendment will
create another layer of bureaucracy. This amendment goes against the 9/
11 Commission, which has asked us to be efficient and to be definitive
on our questions of security issues. And what we are attempting to do
is to allow the Homeland Security Department to do its job, which
creates a center of excellence to focus on the security protection
measures for critical infrastructure, a defined responsibility of the
Homeland Security Department. And we simply expect that there will be a
collaborative working on that such that no Department, Mr. Chairman and
my colleagues, will be left out, including the very important
Department of Transportation. And we would look forward to
collaborating with them.
And, in that regard, I rise to vigorously oppose the amendment and
ask for a ``no'' vote.
Ms. JACKSON-LEE of Texas. I rise in opposition to the gentleman's
amendment. This amendment--while well-intented--unnecessarily creates a
bureaucratic and burdensome process to what should be a simple study.
Specifically, this amendment seeks to add the Secretary of
Transportation to a study on incentives to secure critical
infrastructure information from private stakeholders.
Mr. Chairman, we all know what happens when we have too many cooks in
the kitchen.
Adding more layers to a project like this only assures that the
project will not get done in a timely manner.
The Secretary of Homeland Security is charged with working to
identify and help, with other agencies, protect critical
infrastructure.
The Secretary of Homeland Security by himself is more than capable of
working with CREATE to complete a study of incentives for
infrastructure stake holders to share information with the government.
For these reasons, I oppose this amendment.
The Acting CHAIRMAN. All time on the amendment having expired, the
question is on the amendment offered by the gentleman from New York
(Mr. King).
The amendment was rejected.
Amendment No. 17 Offered by Mr. Cardoza
The Acting CHAIRMAN. It is now in order to consider amendment No. 17
printed in House Report 110-136.
Mr. CARDOZA. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 17 offered by Mr. Cardoza:
At the end of title XI add the following:
SEC. __. SENSE OF THE CONGRESS ON INTEROPERABILITY.
It is the sense of the Congress that efforts to achieve
local, regional, and national interoperable emergency
communications in the near term should be supported and are
critical in assisting communities with their local and
regional efforts to properly coordinate and execute their
interoperability plans.
[[Page H4702]]
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from California (Mr. Cardoza) and a member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. CARDOZA. Mr. Chairman, my amendment is a simple sense of Congress
stressing the importance of interoperability in emergency
communications.
We all know the importance of overcoming interoperability problems,
which have been prevalent for years but only brought to light due to
the 9/11 tragedy.
In this day and age, Mr. Chairman, it is critical that our first
responders be able to communicate with each other in the field. The
reality, however, is that firefighters, police and other emergency
responders simply cannot communicate during times of emergency.
For example, police chiefs in my district have informed me that
officers are forced to communicate on their cell phones literally from
across the street because their radios cannot operate on the same
frequency; and, recently, radio communications were ineffective and
created an extremely dangerous situation in the 2006 canyon fire that
devastated 34,000 acres in the western portion of Stanislaus County.
The need for improved emergency communications is not new. Whether we
are talking about wilderness, wildfires, hurricanes or other disaster,
or even day-to-day events, the same interoperability problems exist for
the large communities as they do for the smallest.
Large cities are receiving the bulk of homeland security funding for
interoperable communications. In many instances, that is rightly the
case. But interoperability is a problem that permeates across the
country and also affects our smaller communities. Smaller communities
face the exact same problems, yet only receive a fraction of the
funding and the attention that they need. As a result, smaller
communities are left behind and are forced to do the best they can with
what they've got.
In Stanislaus County, for example, the county was able to build the
architecture for one channel through which all responders in the field
can communicate. However, only one person can talk at a time. We can
and need, Mr. Chairman, to do better.
The point of this amendment is simply to stress the importance of
achieving local, regional and national interoperability plans and the
impacts they have on the ongoing efforts in communities across the
country.
Simply stated, localities and smaller communities matter as well, and
their efforts to address interoperability should not be ignored by the
Department of Homeland Security.
I want to make one other statement, Mr. Chairman. In the year 2000,
FEMA issued a report that outlined the three greatest disaster
scenarios that might befall the United States: a terror attack in New
York, a hurricane that would hit New Orleans, and an earthquake on the
Hayward fault in the east bay of California that would affect the
California delta and flood massive lands near my area.
Well, the first two scenarios have, in fact, taken place, as we all
know, and the third is still a very grave possibility. If, in fact, we
have an earthquake on the Hayward fault in Northern California, the
evacuation area would very likely be my area. Another area affected
would be the San Joaquin delta in San Joaquin County.
All of this needs to be addressed, Mr. Chairman, and interoperability
is the third awaiting disaster that could hit us anytime with an
earthquake.
Mr. Chairman, I ask that we adopt this amendment and that Homeland
Security help prepare California for the third disaster that FEMA's
already noted could befall the United States at any time.
Mr. Chairman, I reserve the balance of my time.
Mr. KING of New York. Mr. Chairman, I rise to claim the time in
opposition.
Mr. Chairman, I yield myself such time as I may consume.
I don't intend to oppose the amendment. My only concern is, as I
understand it, this is an amendment expressing the sense of Congress.
The language, which is actually my language in the bill which passed
the full committee, actually would have called for the implementation
and not just the sense of Congress; and this, to me, is another
deficiency in the bill and that we are taking, at best, a half step
forward. We could have taken the full step.
Having said that, I certainly agree in spirit with the amendment.
Certainly this is better than nothing. And with that, I will urge the
adoption of the amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, will the gentleman yield?
Mr. KING of New York. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for,
again, his outstanding spirit of bipartisanship.
I think the importance of Mr. Cardoza's amendment is that he agrees
with the Homeland Security Committee and the message and the mission of
yourself and Mr. Thompson and all of the Members that, in addition to
just handing out equipment, you want to make sure there's a continuing
of training, professional development, understanding of the system. And
it really impacts firefighters, police, other emergency responders who
cannot communicate during times of emergency. We know what happened in
9/11.
Let me just finish by saying, one of the other elements of helping us
work through this question of interoperability is, as your amendment
suggests, focusing on local and regional interoperability
communications efforts and, particularly, and I raise this point for a
city like Houston, that simply says, let us use the dollars, let us
directly use the dollars so that we can follow the pathway of Mr.
Cardoza's amendment, which is to improve our interoperable
communication efforts. Let us get the monies directly, as opposed to
the layering that goes on through the State system.
But, in any event, let me thank the gentleman for his amendment.
The need for improved emergency communications is not new. Whether we
are talking about the Oklahoma City bomb detonated by homegrown
terrorist Timothy McVeigh, September 11, or Hurricanes Katrina and
Rita--the same story emerged.
Firefighters, police, and other emergency responders cannot
communicate during times of emergency.
Five and one-half years after the 9/11 attacks, and 1\1/2\ years
after Hurricanes Katrina and Rita, the Department still does not have a
dedicated interoperability grant program.
Subsequently, states and localities are forced to rob Peter to pay
Paul by using large chunks of homeland security grant funding--in some
instances 80 percent--to purchase communications equipment instead of
securing bridges, ports, buildings.
The FY 2006 Budget Reconciliation Act created a $1 billion
interoperability grant program to be administered by the Department of
Commerce based on the proceeds from the sales of the 700 Mhz spectrum.
While that is a good start, the 9/11 Commission has called on
Congress to prioritize and improve interoperable emergency
communication.
Buying equipment is not enough!
Congress must support State, local and regional interoperable
communication plans that recognize all of the critical factors for a
successful interoperability solution.
Those factors are part of the SAFECOM Interoperability Continuum.
They are: governance, standard operating procedures, training and
exercises, and usage, in addition to technology.
We cannot just throw money at interoperability--we have to develop a
strategic, national plan to improve interoperable communications.
The Administration and DHS officials have testified that the cost of
achieving interoperability will cost in the tens of billions to $100
billion.
More than 90 percent of the public safety communication
infrastructure in the United States is owned and operated at the local
and state level. Therefore, we must have improved coordination,
training, and planning across many jurisdictions to achieve
interoperability.
According to Project SAFECOM at DHS, interoperability directly
impacts the first responder community which consists of over 61,000
public safety agencies including 960,000 Firefighters, 830,000 EMS
personnel, and 710,000 Law Enforcement Officers.
The Federal government must show leadership on this issue if it is
going to tell state and local governments that they need to enhance and
improve their emergency communications capability.
[[Page H4703]]
Funding is only one-half the solution for the interoperability
crisis. There must be leadership by all the key stakeholders to sit
down and develop the plans necessary to create effective nationwide
interoperable communication standards.
This amendment provides support to the local governments and regions
that are developing plans and systems that will better enable multi-
jurisdictions to communicate during times of emergency.
The Cardozo amendment will encourage jurisdictions to move toward a
truly ``national'' emergency communications capability.
This is an excellent amendment, and we rise to support it.
I yield back to the distinguished gentleman.
Mr. KING of New York. Reclaiming my time from the gentlelady from
Texas, I always admire her eloquence and her kind words.
And, as I said, I appreciate what the gentleman is doing. I support
it. I just wish we could have had the stronger language that was in the
initial legislation.
But, having said that, I commend the gentleman from California and
urge the adoption of his amendment.
Mr. CARDOZA. Mr. Chairman, I yield 1 minute to my colleague from
Michigan, Mr. Stupak.
(Mr. STUPAK asked and was given permission to revise and extend his
remarks.)
Mr. STUPAK. Mr. Chairman, the key words to this whole amendment are
``in the near term.'' Unfortunately, it's been 25 years since the Air
Florida accident. We've been talking about interoperability, and
nothing ever gets done.
The time for studies and promises are over. If you listen to the
program that DHS has, according to them, it will take us 20 years and
$100 billion to achieve interoperability. That is not the case at all.
We don't need 20 years. We don't have 20 years to wait in this country
to have interoperability.
Last Congress, we passed the National Telecommunications Information
Agency, which is advancing technologies that are available today to
solve the interoperability problem, technologies that don't cost $100
billion and 20 years.
And what has happened, though, the $1 billion we put in the NTIA
grant program, the administration used it to make further cuts in the
Department of Homeland Security. So $1 billion that should have gone to
interoperability has cut off other DHS programs.
This administration has ignored congressional intent on
interoperability. It's time for the excuses to stop. The administration
has to put forth a reasonable plan to achieve interoperability in this
country, and that's what the Cardoza amendment does, and I fully
support it.
Mr. Chairman, I ask unanimous consent that I am able to revise and
extend my remarks.
I rise today in support of the Cardoza Amendment, which expresses the
Sense of the Congress that efforts to achieve interoperable emergency
communications in the near term should be supported and are critical in
assisting communities properly execute their interoperability plans.
The key words in this amendment are ``in the near term.'' It's been
25 years since the Air Florida crash on the Potomac. It's been over 5
years since September 11th, when over 120 firefighters and hundreds of
civilians lost their lives due to a lack of interoperability.
Terrorist attacks, man made disasters, and natural disasters are a
certainty. Yet, we still do not have nationwide interoperability in
this country.
This problem has been studied and studied.
In its final report, the 9/11 Commission concluded:
The inability to communicate was a critical element of the
World Trade Center, Pentagon, Somerset County, Pennsylvania,
crash sites . . . The occurrence of this problem at three
very different sites is strong evidence that compatible and
adequate communications among public safety organizations at
the local, state and federal levels remains an important
problem . . . Federal funding of such (interagency
communication) units should be given high priority . . .
After September 11th, President Bush said, ``we want to spend money
to make sure equipment is there, strategies are there, communications
are there to make sure that you have whatever it takes to respond.''
Yet, under the President and the Republican-led Congress, the money
was not allocated, the equipment was not there, strategies were
incomplete, and first responders still cannot communicate across
agencies and jurisdictions.
DHS has testified it will take an $18 billion to $100 billion
investment to make our first responder communications fully
interoperable.
DHS's plan to achieve full interoperability is 20 years. We do not
have another 20 years.
The time for study and excuses is over. This bill and this amendment
represent action by the Democratic Congress.
This bill reverses the draconian cuts to first responder grant
programs made by this administration. And this amendment tells DHS to
advance solutions that help first responders in the near term.
The Energy and Commerce Committee created, and Congress enacted, a $1
billion interoperability grant program at the National
Telecommunications Information Agency (NTIA), in 2006.
Our intent was to advance new approaches to solve the
interoperability problem; approaches that don't cost $100 billion and
take 20 years to implement.
Yet, the administration seems to be missing the point. The
administration's budget proposal justified the DHS grant cuts by
``offsetting'' those cuts with the $1 billion NTIA grant program.
Our committee has heard testimony from experts, industry, and first
responders that there are new technologies today that can help our
first responders at a fraction of the cost.
Again, this amendment tells DHS that Congress has lost its patience
with excuses. It says invest in near term solutions that are available
today. I urge my colleagues to support this amendment.
Mr. KING of New York. Mr. Chairman, I yield 1 minute to the gentleman
from Texas (Mr. Barton).
Mr. BARTON of Texas. Mr. Chairman, with the Cardoza amendment, the
Congress expresses its support for efforts like the $1 billion
interoperability program to be implemented by NTIA.
The House Energy and Commerce Committee is deeply concerned about the
ongoing inability of our first responders to communicate with each
other in times of emergency. This public safety interoperability
problem has gone on for far too long, which is why the Energy and
Commerce Committee is playing a stronger leadership role in setting the
policy direction through its communications jurisdiction.
I will put the rest of my statement in the Record, Mr. Chairman. But
we do support the Cardoza amendment, and I thank the gentleman from New
York for yielding some time.
Mr. Chairman, with the Cardoza amendment, the Congress expresses its
support for efforts like the $1 billion interoperability program to be
implemented by the NTIA. The House Energy and Commerce Committee is
deeply concerned about the ongoing inability of our first responders to
communicate with each other in times of emergency. This public safety
interoperability problem has gone on far too long, which is why the
Energy and Commerce Committee is playing a stronger leadership role in
setting the policy direction through its communications jurisdiction.
Our Committee authored a section in the Deficit Reduction Act of 2005
that set a final date for the DTV transition that will transfer 24 MHz
of spectrum to public safety. To help first responders communicate on
this spectrum efficiently, the DTV legislation also established the $1
billion Public Safety Interoperable Communications grant program to
leverage NTIA's extensive telecommunications and spectrum policy
expertise.
To improve interoperability throughout the Nation, Congress directed
the NTIA to identify and fund forward-looking, spectrum-efficient,
cost-effective and timely solutions. That program was designed to be
separate from other programs, with its own criteria, and its own
metrics for success. Until our existing, disparate public safety
networks can communicate together, we will not truly be equipped to
respond to a natural or man-made disaster.
Mr. KING of New York. Mr. Chairman, I yield myself the balance of my
time.
I would just say to the gentleman from Michigan, my good friend, that
I agree that the time for study is over and the time for delay is over.
I believe the original legislation that passed our committee would
have moved it forward much more quickly. This is a sense of Congress.
We actually were going to demand action.
But, having said that, this is a significant step, and I urge
adoption of the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. CARDOZA. Mr. Chairman, I thank the gentleman from New York and
also the gentleman from Texas for their support.
This is an important amendment. It needs to state clearly, this bill
needs to
[[Page H4704]]
state clearly that the Congress supports finding a resolution to
interoperability conflicts that we have been besieged with. This is a
very specific problem, as outlined in the FEMA report.
I thank Chairman Dingell and Chairman Thompson for both appearing
before my constituents and hearing this problem and also agreeing to
shepherd this resolution through the House.
I encourage adoption of my amendment.
Mr. DOYLE, Madam Chairman, My colleagues who were with us last year,
and frankly, I'm glad we have so many new faces, but my colleagues who
were with us last year will recall my commitment to protecting local
telecommunications resources and making sure decisions are made where
they are best made.
That's why I'm glad to talk about this important issue. Spectrum
itself is nearly infinite. But in terms of what's usable, what's worth
investing in is much more limited.
Which is why we must challenge everyone who uses our airwaves to do
so in the most efficient way possible. And that's why efforts to make
public safety's communications interoperable, redundant and more
effective are so critical to our Nation's first responders, and
ultimately the American public. The days when government hands money
over to people who don't understand technology to make choices between
inefficient and expensive dead-end radios should be long gone.
My time is short, but we must take the best of what we have learned
from the commercial space like interoperability and cost-effective
technology and merge it with the best of public safety's communications
legacy such as rock-solid dependability.
By passing this amendment today, Congress will be saying that we
support innovative, forward-looking, technologically-neutral solutions,
including IP-Based solutions.
And I believe we are saying that the Department of Homeland Security
should follow all of the recommendations that the Government
Accountability Office made earlier this year, and especially the one
that the administration rejected--that first responders need to have
the flexibility to take advantage of technological innovations that
could advance the state of interoperability.
We need accountability and measurable goals from any and all programs
that fund interoperability so that we can ensure that the money is
being spent wisely. The Department of Homeland Security has told us we
need to wait 15 years to get interoperability--it's clear to me that we
need to get interoperable communications by any means necessary, even
if it means relying on expertise outside Homeland Security and within
other agencies like the National Telecommunications and Information
Administration.
The Acting CHAIRMAN. All time for the amendment having expired, the
question is on the amendment offered by the gentleman from California
(Mr. Cardoza).
The amendment was agreed to.
The Acting CHAIRMAN (Mrs. Jones of Ohio). Pursuant to clause 6 of
rule XVIII, proceedings will now resume on those amendments on which
further proceedings were postponed, in the following order:
Amendment No. 1 by Mr. Thompson of Mississippi.
Amendment No. 2 by Mr. Tom Davis of Virginia.
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 1 Offered by Mr. Thompson of Mississippi
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from
Mississippi (Mr. Thompson) on which further proceedings were postponed
and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 216,
noes 209, not voting 12, as follows:
[Roll No. 314]
AYES--216
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baird
Baldwin
Barton (TX)
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boucher
Boyd (FL)
Boyda (KS)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Emanuel
Eshoo
Etheridge
Faleomavaega
Farr
Filner
Frank (MA)
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (TX)
Smith (WA)
Snyder
Solis
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
NOES--209
Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Bean
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boswell
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Cramer
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Jo Ann
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fortuno
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hill
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Murphy, Patrick
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Space
Stearns
Sullivan
Tancredo
Tanner
Terry
Thornberry
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--12
Bordallo
Brady (PA)
Doolittle
Engel
Fattah
Johnson, E. B.
Larson (CT)
McMorris Rodgers
Moran (KS)
Renzi
Souder
Tiahrt
{time} 1639
Messrs. BARROW, EHLERS, FLAKE, ALTMIRE, CRAMER and GOHMERT changed
their vote from ``aye'' to ``no.''
[[Page H4705]]
Messrs. PAUL, HOYER and McNERNEY changed their vote from ``no'' to
``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 2 Offered by Mr. Tom Davis of Virginia
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Tom Davis) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 36,
noes 390, not voting 11, as follows:
[Roll No. 315]
AYES--36
Bachmann
Bachus
Barton (TX)
Berman
Biggert
Brady (TX)
Cannon
Cantor
Chabot
Davis, Tom
Dreier
Feeney
Flake
Fossella
Franks (AZ)
Hall (TX)
Hensarling
Hoekstra
Kingston
Kline (MN)
Lewis (CA)
Lungren, Daniel E.
Matheson
McKeon
Moran (VA)
Neugebauer
Paul
Ramstad
Rohrabacher
Ryan (WI)
Sensenbrenner
Sessions
Shadegg
Shays
Thornberry
Waxman
NOES--390
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berry
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Jo Ann
Davis, Lincoln
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Drake
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
English (PA)
Eshoo
Etheridge
Everett
Faleomavaega
Fallin
Farr
Ferguson
Filner
Forbes
Fortenberry
Fortuno
Foxx
Frank (MA)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Norton
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--11
Brady (PA)
Doolittle
Engel
Fattah
Johnson, E. B.
Larson (CT)
McMorris Rodgers
Moran (KS)
Renzi
Souder
Tiahrt
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised 2 minutes
remain in this vote.
{time} 1649
Mr. COHEN changed his vote from ``aye'' to ``no.''
Mr. FEENEY and Mr. DANIEL E. LUNGREN of California changed their vote
from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 18 Offered by Mr. Van Hollen
The Acting CHAIRMAN. It is now in order to consider amendment No. 18
printed in House Report 110-136.
Mr. VAN HOLLEN. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 18 offered by Mr. Van Hollen:
At the end of title XI of the bill, add the following (and
conform the table of contents accordingly):
SEC. 1122. TRAVELERS REDRESS INQUIRY PROGRAM.
Of the amount authorized to be appropriated under section
101, such sums as may be necessary shall be available to the
Secretary of Homeland Security to take all necessary actions
to protect the security of personal information submitted
electronically to the Internet website of the Department of
Homeland Security established for the Travelers Redress
Inquiry Program and other websites of the Department related
to that program.
The Acting CHAIRMAN. Pursuant to House Resolution 382, the gentleman
from Maryland (Mr. Van Hollen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. VAN HOLLEN. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, let me start by commending Chairman Thompson, Ranking
Member King and the Homeland Security Committee on a bipartisan basis
for their good work on this piece of legislation. I have an amendment
that I hope will be agreeable to all sides.
In January of this year, the TSA launched a Web site. Some of you may
have seen it. It was called the Traveler Verification Identification
Program, and it was designed to allow those passengers who were
wrongfully identified on the no-fly lists or the selectee lists the
opportunity to start the process of getting their names removed from
that list.
The way you did that was you go and you log on to the TSA Web site
and submit sensitive security information and personal information,
like your Social Security number, the place and date of birth, your
drivers license number and other personal identification numbers in
order to demonstrate and prove to TSA that you were not a ``person of
concern'' on their list. That was an important step forward, a positive
[[Page H4706]]
list. I think we have all heard the stories about individuals who were
wrongfully placed on that list or whose identifications were mistaken
for somebody else. So that was a good way to start to get people off
the list.
But right after the launch of that program, they had to shut it down.
The TSA had to shut down the site because, as was reported in The
Washington Post and the high-tech magazine Wired, it was determined
that the information that individuals were entering onto the TSA Web
site was not secure, very personal types of information. Security
experts found that the site lacked many of the basic measures necessary
to protect personal information, no encryption devices, no other
safeguards, and that the data being transferred to TSA was essentially
vulnerable to being taken and used for identity theft and other
purposes.
After these concerns were brought to the attention of TSA, they had
to bring down the Web site. They put up another Web site and program in
February called the Travelers Redress Inquiry Program.
Now, the TSA has said that it has made the necessary adjustments to
protect this very personal and confidential information from exposure
and theft, but it is not clear that they have taken all the measures
that are necessary, especially in light of the fact that only last week
we found out that a hard drive containing the personal data of almost
100,000 TSA employees disappeared.
Data security does not seem to have been taken seriously enough by
the TSA. This amendment is designed to focus greater attention on that
issue.
This amendment is very simple. It requires TSA to take the necessary
steps required to protect the personal information submitted online by
passengers, by our constituents, when they are seeking to remove their
names from the no-fly list, the selectee list or other related lists.
It is designed to get at a very specific problem that has arisen in
recent months, and I urge its adoption.
Ms. JACKSON-LEE of Texas. Madam Chairman, will the gentleman yield?
Mr. VAN HOLLEN. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Mr. Chairman, let me thank the gentleman
for a very thoughtful amendment. We have addressed this question in the
Homeland Security Committee, but also in the subcommittee that I chair,
and I think the important point is that when people are trying to
clarify their name and they submit personal data, we should be
responsible for protecting it. In light of what happened last week, and
by the way, we will be having a briefing on that very issue dealing
with the TSA's loss of the computer and all that data, this is a very
instructive amendment.
It would be great to think that we would never lose material, but we
do, and also to protect those that have been subjected to a lot of
scrutiny, some of them coming from different ethnic groups. This is
very thoughtful, and I rise to support the amendment.
Madam Chairman, this amendment should be supported as it seeks to
require the Department of Homeland Security (the Department) to use
funds to protect the security of personal information submitted
electronically to the Department's website for the Department of
Homeland Security Traveler Redress Inquiry Program, otherwise known as
DHS-TRIP, and any other Web site associated with that program.
It would be great if we only had to theorize about the possible
security, or lack thereof, of the information sent to the Department
via redress websites.
However, the past has shown that this problem is very real.
In February of this year, the Department's Transportation Security
Administration (TSA) learned that the website they were using to
collect personal information to aid in traveler redress contained a
link that was not secure.
This insecure link caused hundreds of individuals to transmit
information through cyberspace that was not encrypted and subject to
being captured by identity thieves, at best, and terrorists, at worst.
The Web site was established to provide a remedy for passengers that
had been delayed at airports and therefore believed that they had been
incorrectly identified as someone on an aviation watch list.
What causes even greater concern is that for 4 months and 8 days TSA
did not detect the problem through their own internal procedures. In
fact, they became aware of the situation through an independent
internet blog.
The fact that the redress website lacked the necessary security
measures to protect users' personal information is proof in the pudding
that more needs to be done to protect personally identifiable
information sent to TSA.
The American public needs to know that the ``S'' in TSA stands for
something.
Individuals that may have already been wrongfully identified--which
can cause airport delays for hours or even days--should not have to
experience a second round of mistreatment by having their personal
information, including their name, gender, date of birth, social
security numbers and addresses vulnerable to being hacked.
A few weeks after this discovery TSA launched the Department of
Homeland Security Traveler Redress Inquiry Program, otherwise known as
DHS-TRIP.
We have not yet determined whether the internal controls that should
have been in place during the first mishap have been put in place with
respect to DHS-TRIP.
The recent revelation that a TSA hard drive containing the personal,
payroll and bank information of over 100,000 former and current TSA
employees was reported stolen, does nothing to alleviate our concerns.
For these reasons, this amendment is a good idea, and should be
supported.
Mr. KING of New York. Madam Chairman, I rise in opposition to the
amendment.
The Acting CHAIRMAN. The gentleman from New York is recognized for 5
minutes.
Mr. KING of New York. I yield myself such time as I may consume.
Madam Chairman, I do not intend to oppose the amendment. I just would
say to the gentleman, he is addressing a legitimate concern. One
question I would have, and ask this be resolved as the process goes
forward, it just says all funds that are necessary from the $39.8
billion. Since Homeland Security funding is stretched as it is, since
every dollar is essential to be spent for the right purpose, I would
ask, as the process goes forward, we try to find a way to specify the
amount necessary. I am just raising that as a point with the gentleman.
I would certainly work with the gentleman as we go forward and with the
chairman.
Mr. VAN HOLLEN. Madam Chairman, will the gentleman yield?
Mr. KING of New York. I yield to the gentleman from Maryland.
Mr. VAN HOLLEN. Madam Chairman, I thank the gentleman, and I
appreciate the point you are raising. As it says, such sums as may be
necessary to address this issue. I wouldn't expect it to be a very
large sum. TSA is telling us they have addressed this issue. I am not
sure we are totally convinced. If we could get this amendment passed,
obviously as we go through the process, if there is some claim that
this is going to cost billions of dollars, I wouldn't expect it would,
but I would be happy to work with the gentleman.
Mr. KING of New York. Madam Chairman, reclaiming my time, I will not
oppose the amendment.
Madam Chairman, I yield back the balance of my time.
Mr. VAN HOLLEN. Madam Chairman, I thank the gentleman, and I yield
back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment No. 18 offered
by the gentleman from Maryland (Mr. Van Hollen).
The amendment was agreed to.
Mr. THOMPSON of Mississippi. Madam Chairman, I move that the
Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Cleaver) having assumed the chair, Mrs. Jones of Ohio, Acting Chairman
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
1684) to authorize appropriations for the Department of Homeland
Security for fiscal year 2008, and for other purposes, had come to no
resolution thereon.
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