[House Report 110-122]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
1st Session                                                     110-122

======================================================================



 
 DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2008

                                _______
                                

  May 4, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                     MINORITY AND DISSENTING VIEWS

                        [To accompany H.R. 1684]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 1684) to authorize appropriations for the Department 
of Homeland Security for fiscal year 2008, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    46
Background and Need for Legislation..............................    46
Hearings.........................................................    47
Committee Consideration..........................................    48
Committee Votes..................................................    48
Committee Oversight Findings.....................................    62
New Budget Authority, Entitlement Authority, and Tax Expenditures    62
Congressional Budget Office Estimate.............................    63
Statement of General Performance Goals and Objectives............    68
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    68
Federal Mandates Statement.......................................    68
Advisory Committee Statement.....................................    69
Constitutional Authority Statement...............................    69
Applicability to Legislative Branch..............................    69
Section-by-Section Analysis of the Legislation...................    69
Changes in Existing Law Made by the Bill, as Reported............   109
Committee Correspondence.........................................   158
Minority and Dissenting Views....................................   172

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.
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 
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.''.

                   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 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.--
          (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--
          (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 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 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 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 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 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 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.

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
          ``(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 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.--
                  ``(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 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;
                  (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.

                          Purpose and Summary

    The purpose of H.R. 1684 is to authorize appropriations for 
the Department of Homeland Security for fiscal year 2008, and 
for other purposes.

                  Background and Need for Legislation

    The Department of Homeland Security has been in operation 
for more than three years. During this time, the Department has 
experienced a variety of growing pains as it continues to 
develop, adjust, and integrate various components to achieve 
its primary missions of preventing, reducing our vulnerability 
to, responding to, and recovering from terrorist attacks, major 
natural disasters, and other such emergencies.
    The complexity of the Department's mission, coupled with 
the enormity of its management and operational challenges, 
requires the close and intensive oversight that annual 
Congressional reauthorization provides. The Department should 
be subject to an annual authorization process through which the 
evolving needs of the Department can be met, and through which 
Congressional direction, oversight, and prioritization can 
occur. Adherence to the process will help the Department 
improve the overall management and integration of its various 
legacy agencies, guide resource allocation and prioritization, 
set clear and achievable benchmarks for progress and success, 
and enhance the Department's implementation of its critical 
mission. H.R. 1684 is the third Department of Homeland Security 
authorization bill to be reported by this Committee to the 
House of Representatives since the creation of the Department. 
It builds upon the groundwork laid by H.R. 1817, the Department 
of Homeland Security Authorization Act for 2006, and H.R. 5814, 
the Department of Homeland Security Authorization Act for 
Fiscal Year 2007. H.R. 1684 is not intended to be a 
comprehensive re-authorization of the Department; several issue 
areas, including border security, port security, rail and mass 
transit security, the recommendations of the National 
Commission on Terrorist Attacks Upon the United States (9/11 
Commission), and emergency management reforms have been 
recently or will be promptly addressed in separate legislation. 
The intent of this measure is to build core capacity at the 
Department and bring about targeted improvements to Department 
operations, particularly with respect to management, 
organization, personnel, contracting, and policy. H.R. 1684 
accomplishes these goals within a realistic budgetary 
framework.

                                Hearings

    On February 7, 2007, the Full Committee held a hearing 
entitled ``An Overview of Issues and Challenges Facing the 
Department of Homeland Security.'' The Committee received 
testimony from Hon. David M. Walker, Comptroller General of the 
United States, Government Accountability Office, accompanied by 
Mr. Norman Rabkin, Managing Director, Homeland Security and 
Justice Government Accountability Office; and Hon. Richard L. 
Skinner, Inspector General, Department of Homeland Security.
    On February 9, 2007, the Full Committee held a Hearing 
entitled ``An Examination of the President's FY 2008 Budget 
Request for the Department of Homeland Security.'' The 
Committee received testimony from Hon. Michael Chertoff, 
Secretary, Department of Homeland Security.
    On February 14, 2007, the Subcommittee on Emerging Threats, 
Cybersecurity, and Science and Technology held a hearing 
entitled ``Understanding the Budget and Strategic Agenda of the 
Science and Technology Directorate.'' The Subcommittee received 
testimony from Admiral Jay Cohen, Under Secretary for Science 
and Technology, Department of Homeland Security; and Mr. 
Richard Williams, Chief Financial Officer for Science and 
Technology, Department of Homeland Security
    On February 14, 2007, the Subcommittee on Intelligence, 
Information Sharing, and Terrorism Risk Assessment held a 
hearing entitled ``The President's Proposed FY2008 Budget for 
the Department of Homeland Security: The Office of Intelligence 
and Analysis.'' The Subcommittee received testimony from Mr. 
Charles E. Allen, Chief Intelligence Officer, Office of 
Intelligence and Analysis, Department of Homeland Security.
    On February 15, 2007, the Full Committee held a hearing 
entitled ``Lessons Learned and Grading Goals: The Department of 
Homeland Security in 2007.'' The Committee received testimony 
from Hon. Michael P. Jackson, Deputy Secretary, Department of 
Homeland Security.
    On March 1, 2007, the Subcommittee on Management, 
Investigations, and Oversight held a hearing entitled ``The 
Department of Homeland Security's Management Directorate: Goals 
and Objectives of the New Under Secretary.'' The Subcommittee 
received testimony from Hon. Paul A. Schneider, Under Secretary 
for Management, Department of Homeland Security.
    On March 20, 2007, the Full Committee held a hearing 
entitled ``Organizational and Policy Proposals for the FY 2008 
Department of Homeland Security Authorization: Positioning US-
VISIT for Success and Establishing a Quadrennial Homeland 
Security Review Process.'' The Committee received testimony 
from Mr. Robert A. Mocny, Acting Director, US-VISIT, Department 
of Homeland Security, accompanied by Mr. Richard Robert Zitz, 
Deputy Undersecretary for Preparedness, Department of Homeland 
Security; Mr. Richard Stana, Director, Homeland Security and 
Justice Issues, Government Accountability Office; James Jay 
Carafano, Ph.D., Senior Fellow, The Heritage Foundation; Ms. 
Michele A. Flournoy, President and Co-Founder, Center for a New 
American Security; and Hon. Asa Hutchinson, Founding Partner, 
Hutchinson Group.

                        Committee Consideration

    H.R. 1684 was introduced in the House by Mr. Thompson of 
Mississippi, Mr. King of New York, Mr. Carney, Mr. Rogers of 
Alabama, Mr. Etheridge, Mr. Langevin, Mr. Cuellar, Ms. Clarke, 
and Ms. Loretta Sanchez of California on March 26, 2007, and 
referred solely to the Committee on Homeland Security. Within 
the Committee on Homeland Security, H.R. 1684 was retained at 
the Full Committee.
    On March 27, 2007, the Full Committee met in open markup 
session and ordered H.R. 1684 favorably reported to the House 
of Representatives, as amended, by a record vote of 26 yeas and 
0 nays (Roll Call Vote No. 11).

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto.
    H.R. 1684, to authorize appropriations for the Department 
of Homeland Security for fiscal year 2008, and for other 
purposes; was ordered favorably reported to the House, amended, 
by a recorded vote of 26 yeas and 0 nays (Roll Call Vote No. 
11) as follows:


    The Committee adopted the bill, as amended, by voice vote.
    The following amendments were offered:
    An en bloc amendment offered by Mr. Thompson (#1) 
consisting of: an amendment by Mr. Thompson making technical 
corrections, establishing a Student Exchange Visitor Program, 
and establishing the REAL ID Grant Program; an amendment by Mr. 
Etheridge, on page 6, line 11 insert a new subsection ``(b) 
Ensuring consideration of the needs of children''; and ``(c) 
report to Congress''; an amendment by Mr. Carney, at the end of 
title II add a new section entitled ``Sec. __. Sense of 
Congress Regarding Consolidation of Department Headquarters.''; 
an amendment by Mr. Etheridge, on page 38, after line 25, 
insert a new subsection entitled ``(e) Use of Domestic 
Textiles.'' and Page 39, line 1, strike ``(e)'' and insert 
``(f)''.; an amendment by Mr. McCarthy, at the end of title IV 
add a new section entitled ``Sec. __. Prohibition on Award of 
Contracts and Grants to Educational Institutions not Supporting 
Coast Guard Efforts.''; an amendment by Ms. Sanchez, in section 
505, in the matter preceding paragraph (1), strike ``in order 
to address'' and insert ``(a) In General.--In order to 
address''. ; in section 505(a), add a new paragraph (5).; and 
in section 505, add at the end a new subsection entitled ``(b) 
Report.''; an amendment by Ms. Jackson-Lee, on page 56, after 
line 2, insert a new section entitled ``Sec. __. Citizen 
Corps.''; an amendment by Mr. McCaul, at the end of title VI 
(page 80, before line 14) add a new section entitled ``Sec. __. 
National Bio and Agro-Defense Facility.''; an amendment by Mr. 
Bilirakis, at the end of title IX, insert a new section 
entitled ``Sec. __. Biometric Identification of Unauthorized 
Aliens.''; an amendment by Mr. Etheridge, at the end of title 
XI, add a new section entitled ``Sec. __. Report Regarding 
Department of Homeland Security Implementation of Comptroller 
General and Inspector General Recommendations Regarding 
Protection of Agriculture.''; an amendment by Mr. Rogers, at 
the end of title XI add a new section entitled ``Sec. __. 
Strengthening Line of Authority for Legislative, Congressional, 
and Intergovernmental Affairs.''; an amendment by Mr. Jindal, 
at the end of title XI add a new section entitled ``Sec. __. 
Report Regarding Levee System.''; an amendment by Mr. Lungren, 
to insert a new section entitled ``Sec. 1114. Report on Force 
Multiplier Program.''; an amendment by Mr. Perlmutter, to 
insert a new section entitled. ``Sec. __. Eligibility of State 
Judicial Facilities for State Homeland Security Grants.''; an 
amendment by Mr. Dent, add a new section entitled ``Sec. 1114. 
Authorization of Homeland Security Functions of the United 
States Secret Service.''; and an amendment by Mr. Cuellar, on 
page 106, line 3-4, strike ``comparable to'' and insert ``less 
than''.; was AGREED TO by voice vote.
    An amendment offered by Mr. Perlmutter (#2), to insert at 
the end of title IV a new section ``Sec. 406. Prohibition on 
Use of Contracts That Move Off-Shore.''; was WITHDRAWN by 
unanimous consent. A unanimous consent request by Mr. 
Perlmutter to withdraw his amendment, was not objected to.
    An amendment offered by Ms. Clarke (#3), in section 901, 
add a new subsection entitled ``(d) Prohibition on Transfer.''; 
was AGREED TO by voice vote.
    An amendment offered by Ms. Sanchez (#4) to strike section 
903(b)(2)(B).; was AGREED TO by voice vote.
    An amendment offered by Mr. Reichert (#5) to insert a new 
section entitled ``Sec. __. Requirement on Visa Waiver Program 
Countries to Enter Into Homeland Security Information Sharing 
Agreement.''; was WITHDRAWN by unanimous consent. A unanimous 
consent request by Mr. Reichert to withdraw his amendment, was 
not objected to.
    An amendment offered by Mr. McCaul (#6) to insert at the 
end of title IX a new section ``Sec. __. Task Force to Reform 
Border Patrol Policies.''; was NOT AGREED TO by a record vote 
of 11 yeas and 15 nays (Roll Call Vote No. 6).


    An amendment offered by Mr. Dent (#7) to insert at the end 
of title IX a new section entitled ``Sec. __. Passenger and 
Crew Manifests for Vessels, Vehicles, and Aircraft Arriving in 
or Departing From the United States.''; was WITHDRAWN by 
unanimous consent. A unanimous consent request by Mr. Dent to 
withdraw his amendment, was not objected to.
    An amendment offered by Mr. Dent (#8) to insert at the end 
of title IX a new section entitled ``Sec. __. Automated 
Targeting Systems for Persons Entering or Departing the United 
States.''; was NOT AGREED TO by a record vote of 14 yeas and 16 
nays (Roll Call Vote No. 7).


    An amendment offered by Mr. Davis of Tennessee (#9) to 
insert at the end of title IX a new section entitled ``Sec. __. 
Border Security and Immigration Enforcement of State and Local 
Law Enforcement Personnel.''; was NOT AGREED TO by a record 
vote of 15 yeas and 15 nays (Roll Call Vote No. 8).


    An amendment offered by Mr. Reichert (#10) to add a new 
section entitled ``Sec. __. Use of Grants for Analysts.''; was 
WITHDRAWN by unanimous consent. A unanimous consent request by 
Mr. Reichert to withdraw his amendment, was not objected to.
    An amendment offered by Ms. Brown-Waite (#11) to add a new 
section entitled ``Sec. __. Data Sharing.''; was AGREED To by 
voice vote.
    An amendment offered by Ms. Norton (#12) to insert a new 
section entitled ``Sec. __. Report on Source of Shortfalls at 
Federal Protective Services.''; was AGREED TO by a record vote 
of 17 yeas and 13 nays (Roll Call Vote No. 9).


    An amendment offered by Mr. Dent (#13) to insert a new 
section entitled ``Sec. __. Civil Air Patrol Support of 
Homeland Security Missions.''; was WITHDRAWN by unanimous 
consent. A unanimous consent request by Mr. Dent to withdraw 
his amendment, was not objected to.
    An amendment offered by Mr. Dent (#14) to insert a new 
section entitled ``Sec. __. Prevention of Flooding of Streams 
and Rivers.''; was WITHDRAWN by unanimous consent. A unanimous 
consent request by Mr. Dent to withdraw his amendment, was not 
objected to.
    An amendment offered by Ms. Brown-Waite (#15) to insert a 
new section entitled ``Sec. __. Enhanced Perimeter Security and 
Access Control Through Comprehensive Screening of Airport 
Workers.''; was WITHDRAWN by unanimous consent. A unanimous 
consent request by Ms. Brown-Waite to withdraw her amendment, 
was not objected to.
    An amendment offered by Mr. Lungren (#16) to insert a new 
section entitled ``Sec. 1114. Federal Flight Deck Officers.''; 
was WITHDRAWN by unanimous consent. A unanimous consent request 
by Mr. Lungren to withdraw his amendment, was not objected to.
    An amendment offered by Mr. Lungren (#17) to insert a new 
section entitled ``Sec. 512. Strengthening Airport Security 
Through Biometrics and Strategic Deployment of Canines.''; was 
WITHDRAWN by unanimous consent. A unanimous consent request by 
Mr. Lungren to withdraw his amendment, was not objected to.
    An amendment offered by Ms. Jackson-Lee (#18) on page 56, 
after line 2, insert a new section entitled ``Sec. 512. Repeal 
of Chapter 97 of Title 5 United States Code.''; was AGREED TO 
by a record vote of 17 yeas and 13 nays (Roll Call Vote No. 
10).


    An amendment offered by Ms. Jackson-Lee (#19) to insert a 
new section entitled ``Sec. __. Report by Government 
Accountability Office Regarding Policies and Procedures of the 
Border Patrol.''; was AGREED TO by voice vote, as amended. A 
unanimous consent request by Ms. Jackson-Lee to amend her 
amendment to include new subsections 1 and 2 detailing 
consultation groups, was not objected to.
    An amendment offered by Mr. McCaul (#20) to insert a new 
section entitled ``Sec. __. Department of Homeland Security 
Identity Verification and Access to Information.'' was 
WITHDRAWN by unanimous consent. A unanimous consent request by 
Mr. McCaul to withdraw his amendment, was not objected to.
    An amendment offered by Mr. Rogers (#21) to insert a new 
section entitled ``Sec. __. Utilization of Non-Law Enforcement 
Officers as Instructors for Non-Law Enforcement Classes at the 
Border Patrol Training Academy.'' was AGREED TO by voice vote.
    An en bloc amendment offered by Mr. Souder (#22) to insert 
a new title entitled ``Title __ --Maritime Alien Smuggling''; 
to insert at the end of title II a new section entitled ``Sec. 
__. Required Budget Line Item for Office of Counternarcotics 
Enforcement.''; and to insert at the end of title II a new 
section entitled ``Sec. __. Designation of Office of 
Counternarcotics Enforcement as Sole Department 
Counternarcotics Enforcement Representative.''; was AGREED TO 
by voice vote. A unanimous consent request by Mr. Souder to 
consider his amendments en bloc, was not objected to.
    An en bloc amendment offered by Ms. Jackson-Lee (#23) to 
insert a new section entitled ``Sec. __. Report by Government 
Accountability Office.''; to insert a new section entitled 
``Sec. __. TOPOFF Exercises.''; and to insert a new section 
entitled ``Sec. __. Report by Government Accountability 
Office.''; was WITHDRAWN by unanimous consent. A unanimous 
consent request by Ms. Jackson-Lee to withdraw her amendment, 
was not objected to.
    A motion by Ms. Sanchez that Staff is authorized to make 
any technical and conforming changes, was not objected to.
    A motion by Ms. Sanchez to authorize the Chairman to offer 
such motions as may be necessary in the House to go to 
Conference with the Senate on the bill just ordered reported by 
this Committee, or on a similar Senate bill; was not objected 
to.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1684, the Department of Homeland Security Authorization Act for 
Fiscal Year 2008, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                                       May 2, 2007.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed the enclosed cost estimate for H.R. 1684, the 
Department of Homeland Security Authorization Act for Fiscal 
Year 2008.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for federal costs), Melissa Merrell (for the impact on state 
and local governments), and Paige Piper/Bach (for the impact on 
the private sector).
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 1684--Department of Homeland Security Authorization Act for Fiscal 
        Year 2008

    Summary: H.R. 1684 would authorize the appropriation of 
$39.9 billion for fiscal year 2008 to fund operations of the 
Department of Homeland Security (DHS). The bill also would 
authorize the appropriation of $456 million over the 2009-2012 
period for certain DHS programs. In addition, CBO estimates 
that the bill would authorize the appropriation of $40 million 
over the 2009-2012 period for several other programs within 
DHS. CBO estimates that implementing H.R. 1684 would cost $39.5 
billion over the 2008-2012 period, assuming appropriation of 
the necessary amounts.
    We estimate that enacting the legislation would increase 
revenues by $19 million over the 2008-2012 period and $46 
million over the 2008-2017 period by allowing Customs and 
Border Protection officers to increase contributions to their 
retirement funds. Enacting the bill could affect direct 
spending, but we estimate that any such effects would not be 
significant.
    H.R. 1684 contains both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). CBO estimates that the cost of those mandates would be 
well below the annual thresholds established by UMRA ($66 
million for intergovernmental mandates and $131 million for 
private-sector mandates in 2007, adjusted annually for 
inflation). The bill also would create new grant programs that 
would benefit state, local, and tribal governments and would 
alter some existing programs.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 1684 is shown in the following table. 
The costs of this legislation fall within budget functions 050 
(national defense), 300 (natural resources and environment), 
400 (transportation), 450 (community and regional development), 
550 (health), 600 (income security), 750 (administration of 
justice), and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2007      2008      2009      2010      2011      2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

DHS Spending Under Current Law
    Estimated Budget Authoritya.....................    33,962         0     2,175         0         0         0
     Estimated Outlays..............................    41,192    17,111    10,072     5,192     3,235       885
Proposed Changes:
    DHS Operationsb
        Authorization Level.........................         0    39,625         0         0         0         0
        Estimated Outlays...........................         0    22,982     8,321     5,547     1,981        15
    Programs with Specified Funding:
        Grants to Prevent Document Fraud
            Authorization Level.....................         0       120       100        80         0         0
            Estimated Outlays.......................         0        26        68        98        71        33
        Metropolitan Medical Response System
            Authorization Level.....................         0        63        63        63        63         0
            Estimated Outlays.......................         0         4        20        43        59        59
        Other Programs with Specified Funding
            Authorization Level.....................         0        28        28        28        28         3
            Estimated Outlays.......................         0        22        28        28        28         8
    Other DHS Programs
        Estimated Authorization Level...............         0        28        27         8         2         2
        Estimated Outlays...........................         0        25        27        10         3         2
        Total Changes
            Estimated Authorization Levelb..........         0    39,863       218       179        93         5
            Estimated Outlays.......................         0    23,060     8,464     5,726     2,142       117
Spending Under H.R. 1684
    Estimated Authorization Level...................    33,962    39,863     2,393       179        93         5
    Estimated Outlays...............................    41,192    40,171    18,536    10,918     5,377     1,002

                                               CHANGES IN REVENUES

Estimated Revenuesc.................................         0         5         3         3         4        4
----------------------------------------------------------------------------------------------------------------
aThe estimated 2007 level is the amount of appropriations less offsetting collections for that year for
  operations of DHS. The 2009 level reflects an advance appropriation for a biodefense countermeasures program.
bSection 101 of H.R. 1684 would authorize the appropriation of $39,863 million for fiscal year 2008 for DHS. Of
  that amount, the bill would authorize funding for certain programs in 2008; the remainder is shown as ``DHS
  operations.''
cCBO estimates that enacting H.R. 1684 would increase revenues by an additional $27 million over the 2013-2017
  period.

    Basis of estimate: CBO estimates that implementing H.R. 
1684 would cost $39.5 billion over the 2008-2012 period, 
assuming appropriation of the amounts authorized and estimated 
to be necessary. For this estimate, we assume that such amounts 
will be appropriated for each year. Estimated outlays are based 
on historical spending patterns for existing or similar 
programs.
    We estimate that enacting H.R. 1684 would increase revenues 
by $46 million over the 2008-2017 period. In addition, CBO 
estimates that the bill would have an insignificant effect on 
direct spending.

Spending subject to appropriation

    H.R. 1684 would authorize appropriations for DHS operations 
in 2008, including funding for document fraud grants, medical-
response programs, and other activities. It also would 
authorize appropriations in 2009 and later years for these 
programs.
    DHS Operations for Fiscal Year 2008. Section 101 would 
authorize the appropriation of $39.9 billion for fiscal year 
2008 to fund the operations of DHS. Of that amount, the bill 
would authorize specific funding levels for certain programs, 
covering a little more than $200 million of the $39.9 billion 
total. Those specified amounts are detailed below, along with 
authorizations for the 2009-2012 period.
    DHS Programs with Specified Funding Levels. The bill also 
would authorize the appropriation of $456 million over the 
2009-2012 period to fund certain DHS programs.
    Grants to Prevent Document Fraud. H.R. 1684 would authorize 
the appropriation of $100 million for 2009 and $80 million for 
2010 for grants to states to prevent fraudulent use of 
identification cards and other documents. CBO estimates that 
this program would cost $176 million over the 2009-2012 period. 
(Of the 2008 authorization total, the bill would authorize the 
appropriation of $120 million for such grants in that year.)
    Metropolitan Medical Response System. H.R. 1684 would 
authorize the appropriation of $63 million annually over the 
2009-2011 period for DHS to assist local jurisdictions in 
responding to incidents involving mass casualties. CBO 
estimates that this program would cost about $120 million over 
the 2009-2012 period. (Of the 2008 authorization, the bill 
would authorize funding of $63 million for that year.)
    Other Programs. H.R. 1684 would authorize the appropriation 
of $25 million annually over the 2009-2011 period for DHS to 
establish a program to foster international cooperation on 
scientific research. The bill also would authorize the 
appropriation of $3 million annually over the 2009-2012 period 
to provide training on civil liberties issues to employees of 
fusion centers (state, local, and regional organizations that 
aim to prevent terrorist activity). CBO estimates that 
implementing these programs would cost about $85 million over 
the 2009-2012 period. (The bill also specifies $28 million in 
authorized funding for those activities from the 2008 total.)
    Other DHS Programs. In addition, CBO estimates that the 
bill would authorize the appropriation of $40 million over the 
2009-2012 period for several other programs within DHS.
    H.R. 1684 would authorize the appropriation of sums 
necessary for fiscal years 2008 and 2009 for DHS to prepare 
assessments of terrorist threats using chemical, biological, 
nuclear, and other weapons or agents. Based on information from 
DHS about the funding provided for threat assessments for 
fiscal year 2007, CBO estimates that implementing this 
provision would cost $20 million in 2009. (Of the 2008 
authorization total, CBO estimates that the bill would 
authorize $20 million for this activity.)
    H.R. 1684 would authorize appropriations for fiscal years 
2009 and 2010 for the DHS Office of the Inspector General (IG) 
to increase oversight of the Secure Border Initiative program. 
The bill would authorize the appropriation of at least 6 
percent of the total IG budget for 2009 and at least 7 percent 
of the IG budget for 2010 for increased oversight activities. 
The fiscal year 2007 appropriation for the IG was $85.2 
million. Adjusting the 2007 level for anticipated inflation, 
CBO estimates that this provision would require additional 
funding of $5 million in 2009 and $6 million in 2010. (Of the 
2008 authorization total, the bill would authorize the 
appropriation of $6 million for increased oversight 
activities.)
    Finally, H.R. 1684 would establish a program to improve 
systems to detect and combat biohazards. Based on information 
from DHS, CBO estimates that this program would require 
additional funding of about $2 million annually. (Of the 2008 
total, CBO estimates that the bill would authorize $2 million 
for this activity.)

Revenues and direct spending

    H.R. 1684 would allow certain Customs and Border Protection 
officers to elect law enforcement officer coverage under Title 
V of the United States Code within five years of the bill's 
enactment. CBO estimates that employee contributions would 
increase by $19 million over the 2008-2012 period and by $46 
million over the 2008-2017 period.
    Based on data provided by the Office of Customs and Border 
Protection and the Office of Personnel Management, CBO 
estimates that, in 2008, roughly 9,000 border patrol agents 
would be subject to treatment as federal law enforcement 
officers (LEOs) under the Federal Employees Retirement System 
(FERS). (This number would grow over time because newly hired 
border patrol agents would all come under the LEO 
classification.) As such, they would be required to pay an 
additional 0.5 percent of salary as retirement contributions, 
and earn higher accrual rates for their retirement benefits. 
Because of the more attractive retirement benefits offered 
LEOs, CBO assumes that 90 percent of officers under age 40 
would opt for LEO status. (Because one needs 20 years of LEO 
status to receive the benefits accorded LEOs and there is a 
mandatory retirement age of 57, few agents over age 40 would 
switch status.)
    CBO estimates that the additional FERS contributions would 
total about $3 million in 2008 (based on an average salary of 
$60,000) and grow to $6 million annually by 2016. In addition, 
current agents who opt for LEO status could elect to have the 
status retroactively applied to service beginning in January 
2003. Those agents could either make a lump-sum payment of 0.5 
percent of salary for those years of service or accept an 
actuarial reduction in benefits equal to those contributions. 
In either case, service beginning in 2003 would be treated as 
LEO service for calculating retirement benefits. CBO assumes 
that 20 percent of agents would make lump-sum payments, and 
those payment would total $2 million in 2008. The 20 percent 
assumption is consistent with the experience in the late 1980s 
when federal retirees were allowed to withdraw their own 
retirement contributions in exchange for an actuarially reduced 
benefit. In total, H.R. 1684 would increase revenues by $5 
million in 2008, $19 million over the 2008-2012 period, and $46 
million over the 2008-2017 period.
    H.R. 1684 would establish a new federal crime relating to 
alien smuggling. Because those prosecuted and convicted under 
the bill could be subject to criminal fines, the federal 
government might collect additional fines if the legislation is 
enacted. Criminal fines are recorded as revenues, then 
deposited in the Crime Victims Fund, and later spent. CBO 
expects that any additional revenues and direct spending would 
not be significant because of the small number of cases likely 
to be affected.
    Persons prosecuted and convicted under the bill also could 
be subject to the seizure of certain assets by the federal 
government. Proceeds from the sale of such assets would be 
deposited into the Assets Forfeiture Fund and spent from that 
fund, mostly in the same year. Thus, enacting H.R. 1684 could 
increase both revenues deposited into the fund and direct 
spending from the fund. However, CBO estimates that any 
increased revenues or spending would be negligible.
    Intergovernmental and private-sector impact: H.R. 1684 
contains both intergovernmental and private-sector mandates, as 
defined in UMRA. CBO estimates that the cost of those mandates 
would be well below the annual thresholds established by UMRA 
($66 million for intergovernmental mandates and $131 million 
for private-sector mandates in 2007, adjusted annually for 
inflation). The bill also would create new grant programs that 
would benefit state, local, and tribal governments and would 
alter some existing programs.

Mandates on public and private entities

    The bill would increase the cost of an existing mandate on 
sponsors of exchange visitors and on colleges and universities 
that accept international students. Under current law, those 
sponsors and schools collect and submit information about 
courses of study, addresses, and work activities for visitors 
and students who have F, J, or M visas. They currently track 
about 1 million visitors and students and send information to 
the Department of Homeland Security using a Web-based 
interface, known as the Student and Exchange Visitor 
Information System (SEVIS). This bill would require those 
sponsors and schools to ensure that the visitors and students 
are active participants in their program and are observed at 
least once every 60 days. That observation could be done in 
person or electronically. The total direct cost of the mandate 
would depend on regulations yet to be issued by DHS and would 
include the costs for observation, training, and upgrades for 
software. Based on information from industry sources, CBO 
expects that the incremental costs of complying with those new 
requirements would be small relative to the annual UMRA 
thresholds.

Additional private-sector mandate

    H.R. 1684 would impose another private-sector mandate, as 
defined in UMRA, by prohibiting individuals and entities from 
using specific words, initials, titles, or the insignia of DHS 
in connection with certain activities without written 
permission. The bill would expand restrictions beyond those in 
current law. The cost of the mandate would be the cost of 
acquiring written permission to use such words or symbols or 
the forgone net value attributable to such uses in the event 
that permission is not granted. Based on information from DHS, 
CBO expects that the direct cost to comply with the mandate 
would be minimal.

Other impacts on state, local, and tribal governments

    The bill would create two new grant programs that would 
benefit state, local, and tribal governments. Section 1112 
would create the Metropolitan Medical Response System to help 
local governments prepare for incidents that result in mass 
casualties. Section 1113 would create a grant program to 
increase the security of identity documents issued by state 
governments and to decrease the potential for those documents 
to be used fraudulently. Assuming the appropriation of 
authorized amounts, CBO estimates that those governments would 
receive about $480 million over the 2008-2012 period. In 
addition to creating new grant programs, the bill also would 
add new requirements to several existing grant programs. Any 
costs to state, local, and tribal governments for participating 
in the new or existing grants would be incurred voluntarily as 
a condition of receiving federal assistance.
    Estimate prepared by: Federal Spending: Mark Grabowicz. 
Federal Revenues: Craig Meklir. Impact on State, Local, and 
Tribal Governments: Melissa Merrell. Impact on the Private 
Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 1684, contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    The Committee has included within H.R. 1684 provisions to 
authorize appropriations for the Department of Homeland 
Security for Fiscal Year 2008; establish a Directorate for 
Policy within the Department; provide for a Comprehensive 
Homeland Security Review to be periodically conducted within 
the Department; address financial accountability with regard to 
Secure Border Initiative contracts; authorize Federal 
annuitants to strengthen personnel at several Department 
agencies; require additional checks on potential contractors to 
enhance Department operations and increase transparency; 
encourage opportunities for small and minority-owned businesses 
to partner with the Department; authorize the Chief Medical 
Officer and the Office of Health Affairs within the Department; 
improve risk assessment and the material threats process; 
establish the National Biosurveillance Integration Center; 
strengthen cybersecurity and communications for both the 
Department and the Nation; enhance research and development for 
cybersecurity; demand delivery of the overdue strategic plan 
from the Department's Science and Technology Directorate; 
streamline SAFETY Act (6 U.S.C. 441) and antiterrorism 
technology procurement processes; strengthen and improve border 
security operations, including US-VISIT, the Student and 
Exchange Visitor Program, and training for Border Patrol 
Agents; strengthen information sharing efforts through fusion 
centers; and authorize the Metropolitan Medical Response 
System, among others.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9(a) of Rule XXI of the Rules of 
the House of Representatives, the following Members submitted 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as included in H.R. 1684.

----------------------------------------------------------------------------------------------------------------
                Section                            Member               Amount                Earmark
----------------------------------------------------------------------------------------------------------------
Sec. 303...............................  Mr. Reichert..............     $500,000  Dedicated for a new Office of
                                                                                   the Inspector General field
                                                                                   office in Bellingham,
                                                                                   Washington.
----------------------------------------------------------------------------------------------------------------

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section establishes the short title of H.R. 1684 as 
the ``Department of Homeland Security Authorization Act for 
Fiscal Year 2008.''

Section 2. Table of contents

    This section lists the contents of H.R. 1684.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Section 101. Department of Homeland Security

    This section authorizes $39,863,000,000 in appropriations 
for the Department of Homeland Security for Fiscal Year 2008.

              TITLE II--POLICY AND MANAGEMENT IMPROVEMENTS

Section 201. Establishment of Directorate for Policy

    This section establishes a Directorate for Policy within 
the Department of Homeland Security, which shall be headed by 
the Under Secretary for Policy. Within the Directorate for 
Policy, this provision creates the Office of the Private 
Sector, which shall be administered by an Assistant Secretary 
for the Private Sector; it also creates the Victim Assistance 
Officer, the Tribal Security Officer, the Border Community 
Liaison Officer, and allows for such other offices as 
considered necessary by the Under Secretary for Policy. This 
section requires the Under Secretary for Policy to be Senate-
confirmed, and to have the education, experience, demonstrated 
knowledge, ability, and skill in the fields of policy and 
strategic planning necessary to direct and supervise policy 
development for the programs, offices, and activities of the 
Department.
    This section also directs the Under Secretary for Policy, 
acting through the Assistant Secretary for Policy and 
Development, to ensure that all Departmental policies, 
programs, and activities appropriately consider the needs of 
and impact upon children. Additionally, one year following the 
enactment of this legislation, 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 
section and the resulting improvement in security for children, 
schools and other child-centered facilities.
    The Committee intends the Border Community Liaison Officer 
to serve as a liaison between elected officials, business 
leaders, residents, and other stakeholders in the northern and 
southern border regions and the Department on matters affecting 
border communities. The Committee expects that the Border 
Community Liaison Officer will convey input received from 
border stakeholders to the Department for use in the 
development and implementation of policies and programs 
affecting border communities.
    The Committee intends the Victim Assistance Officer to 
coordinate and serve as the point of contact for individuals 
affected by a terrorist attack or natural disaster, and their 
families. Moreover, the Victim Assistance Officer will 
coordinate with relevant officials throughout the Department to 
facilitate the dissemination of information regarding 
assistance programs and other forms of aid that may be 
available in the wake of a terrorist attack or disaster, as 
well as to coordinate other concerns raised by affected 
individuals. The Victim Assistance Officer also will coordinate 
Departmental responses to victims with similarly situated 
officials at the Federal Bureau of Investigation, the National 
Transportation Safety Board, and other Federal agencies which 
respond to an act of terrorism or natural disaster.
    The Committee is concerned that the Department of Homeland 
Security has thus far made too little effort to address the 
needs of children, and done too little to meet the emergency 
planning needs of schools, Head Start centers, after school 
programs, and other facilities for children. This deficiency 
extends to all areas of planning--prevention and mitigation, 
preparedness, response, and recovery--as well as to 
accommodations for the physical and mental health of children 
as unique from that of adults. This new responsibility for the 
Department's Policy Directorate will raise the profile of 
children's needs across the Department and help to ensure that 
their needs are met.
    The Committee expects that the Under Secretary for Policy 
will work to assess the Department's programs to see how they 
are addressing the particular vulnerabilities of children to 
attack and providing the resources necessary for planning, 
preparedness, and response in schools, Head Start centers, 
after school programs, and other facilities for children. The 
Committee does not mean to create a new layer of bureaucracy, 
but instead to facilitate the development of materials and 
standards that are appropriate for children across the 
Department and to leverage knowledge to the benefit of the 
Department's various programs.
    The Committee is particularly concerned about the needs of 
schools, including whether they have the resources necessary to 
develop and implement emergency response plans and appropriate 
training programs. The Committee recommends that the Department 
work to identify ways to provide assistance to schools in 
planning, training, and equipment. The Committee further 
recommends that national planning efforts include school 
preparedness as a high priority and that schools are considered 
in risk assessment and communication programs going forward.
    The Committee intends the report requested under section 
201 to consider the following issues as well as other issues 
identified by the Policy Directorate: measurable improvements 
in security for children, schools and other child-centered 
facilities; steps taken to develop response plans that are 
focused on the needs of children; training efforts for first 
responders, medical personnel, and other front-line actors on 
issues that affect children differently than adults; and 
preparedness plans that provide equipment and resources that 
are appropriate for the disaster needs of children.
    The Committee recommends that the annual report, in 
addition to being a tool for assessing the Department's 
progress in addressing the needs of children and their schools, 
also provide recommendations to Congress and the Department for 
ways to improve planning and preparedness for children.

Section 202. Direct line authority for chief operating officers

    This section confers authority to the Chief Financial 
Officer, the Chief Procurement Officer, the Chief Information 
Officer, the Chief Human Capital Officer, the Chief 
Administrative Officer, and the Chief Security Officer (Chief 
Operating Officers) of the Department of Homeland Security over 
their counterparts in the Department's components to direct 
planning, operations, and training, as well as personnel 
activities, the budget, and other financial resources of the 
Department to ensure compliance with Department-wide policies 
and plans. This section also requires Chief Operating Officers 
to coordinate with heads of the component agencies when 
executing the authority conferred by this provision.

Section 203. Comprehensive Homeland Security review

    This section directs the Secretary of Homeland Security to 
undertake a Comprehensive Homeland Security Review (CHSR) for 
the Department of Homeland Security (the Department) at the 
beginning of every new presidential administration, similar to 
the Quadrennial Defense Review done at the Department of 
Defense. The purpose of the review is to ensure that personnel, 
assets, organizational structure, budget plans, and procurement 
process are aligned with the Department's mission and the 
National Strategy for Homeland Security. The CHSR is to be 
submitted with the President's budget in the years that the 
review is due.
    This section requires the Secretary to consult with key 
officials of the Department in conducting the CHSR, including 
the Assistant Secretary of the Transportation Security 
Administration, the Commissioner of U.S. Customs and Border 
Protection, the Director of U.S. Citizenship and Immigration 
Services, the Assistant Secretary for Immigration and Customs 
Enforcement, the Director of the U.S. 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.
    Moreover, this section requires the CHSR to include a 
Department Strategy that is consistent with the most recent 
National Strategy for Homeland Security; it must define 
sufficient personnel, appropriate organizational structure, and 
other requirements necessary to execute the Department 
Strategy; and it must identify a budget plan, acquisition 
strategy, procurement process, and other resources necessary to 
provide for successful execution of the Department Strategy.
    This section requires the Secretary to submit a report on 
the CHSR, to be submitted during the fiscal year following the 
fiscal year in which the CHSR is conducted. Under this section, 
the report must include a comprehensive assessment of the 
alignment between the Department Strategy and the human 
resources, infrastructure, assets, and organization of the 
Department; an explanation of any underlying assumptions used 
in conducting the CHSR; the human resources requirements and 
response capabilities of the Department relating to terrorist 
attacks, major disasters, and other emergencies; the strategic 
and tactical air, border, sea, and land capabilities and 
requirements for supporting the Department Strategy; the nature 
and appropriateness of homeland security operational 
capabilities, including scientific and technological resources 
and their anticipated effects on human resources; and any other 
matters the Secretary considers appropriate.
    This section also requires each report to discuss the 
aforementioned issues with a focus on reducing and managing 
risk, as well as preparing for, mitigating against, responding 
to, and recovering from terrorist attacks, major disasters, and 
other emergencies.
    While the Committee understands that the Department of 
Homeland Security was hastily created in the wake of the 
terrorist attacks of September 11, 2001, the Committee is 
concerned that there is no clear and coherent homeland security 
policy planning to ensure that the Department's assets are 
properly aligned to fulfill its homeland security mission. The 
Committee believes that the CHSR will be an important tool for 
the Department to utilize in meeting the continuing challenge 
of systematic policy development. The Committee would like to 
emphasize that the initial review will be conducted during 
Fiscal Year 2009, and that each subsequent Comprehensive 
Homeland Security Review will be conducted at the beginning of 
the first term of each new presidential administration, rather 
than at the start of every new presidential term.

Section 204. Qualifications for the Under Secretary for Management

    This section sets out the following qualifications for the 
Department of Homeland Security's Under Secretary for 
Management: extensive executive level leadership and management 
experience in the public or private sector, strong leadership 
skills, a demonstrated ability to manage large and complex 
organizations, and a proven record of achieving positive 
operational results. This section allows the Secretary of 
Homeland Security to retain the incumbent Under Secretary for 
Management without resubmitting his name to the Senate for 
confirmation, so long as he issues a statement that informs 
Congress that the incumbent Under Secretary meets the 
prescribed qualifications.

Section 205. Sense of Congress regarding consolidation of department 
        headquarters

    This provision expresses the sense of Congress that the 
planned consolidation of the Department of Homeland Security 
and its key component headquarters on the West Campus of St. 
Elizabeth's Hospital and should move forward as expeditiously 
as possible, with all the agencies involved in this effort 
bearing those costs for which they are responsible.

Section 206. Required budget line item for Office of Counternarcotics 
        Enforcement

    This section requires a line item in the budget for the 
Office of Counternarcotics Enforcement to strengthen the 
Office's authority over its general budget. The Committee 
believes that designating a line item in the Federal budget for 
the Office of Counternarcotics Enforcement will strengthen the 
Congressional oversight role of this important component of the 
Department of Homeland Security and strengthen the Office's 
ability to perform its mission to help stop the entry of 
illegal drugs into the United States.

Section 207. Designation of Office of Counternarcotics Enforcement as 
        primary department counternarcotics representative

    This section requires the Department of Homeland Security 
to recognize the Office of Counternarcotics Enforcement as the 
primary representative on all counternarcotics related 
committees and taskforces. The Committee believes this 
designation will strengthen the role of this office and 
solidify the Office's role as the chief counternarcotics 
policymaker for the Department of Homeland Security.

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

    This section provides the Assistant Secretary for 
Legislative Affairs at the Department of Homeland Security with 
the requisite authority to ensure that component agencies 
adhere to the laws, rules, regulations, and departmental 
policies set by the Assistant Secretary. This provision also 
authorizes the Assistant Secretary for Legislative Affairs to 
make recommendations concerning hiring, reassignment, and 
termination of individual employees; develop performance 
measures; submit performance evaluations; and withhold funds 
from component agencies.
    The Committee recognizes the need for strengthening line 
authority of key officers at the Department's headquarters 
level to continue to advance the integration of the 
Department's components. The Committee provided direct line 
authority to the Department's chief operating officers, as 
reflected in Section 202, and specified key authorities of the 
Chief Security Officer, as reflected in Section 509. Similarly, 
it is the Committee's view that the Assistant Secretary for 
Legislative Affairs requires additional authority to further 
integrate the activities of the legislative affairs offices in 
the Department's component agencies.
    The Committee believes these enhanced authorities for the 
Assistant Secretary for Legislative Affairs will help advance 
integration of the Department, while improving the quality and 
timing of the Department's responses to congressional inquiries 
and requests.

                   TITLE III--OVERSIGHT IMPROVEMENTS

Section 301. Secure Border Initiative Financial Accountability.

    This section requires the Office of the Inspector General 
(OIG) of the Department of Homeland Security to monitor each 
Secure Border Initiative (SBI) contract valued at greater than 
$20 million to ensure compliance with cost requirements, 
performance objectives, small business participation goals, and 
other objectives. This section also requires the OIG to 
complete a review on the progress of contracts and compliance 
issues not later than 60 days after the contract action and at 
the conclusion of the performance of the contract. Under this 
provision, the review will determine whether each action fully 
complies with applicable cost requirements; performance 
objectives; program milestones; requirements for the inclusion 
of small, minority, and women-owned businesses; and applicable 
timelines.
    This section requires OIG to submit a report to the 
Secretary on Homeland Security on its findings, upon completion 
of each review. In addition, within 30 days of receipt of each 
OIG report, this section requires the Secretary to submit a 
report to the Committee on Homeland Security in the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs in the Senate that outlines steps that 
Secretary has taken or plans to take to address OIG's findings, 
including those 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 businesses to 
compete, or other high risk business practices.
    The provision authorizes additional appropriations for OIG 
to conduct this additional oversight, and if, in the course of 
this oversight, OIG becomes aware of improper conduct or 
wrongdoing, this section requires OIG to report the matter to 
the Secretary as expeditiously as possible.
    The Committee believes it is important to closely monitor 
the development and implementation of SBI and the SBInet border 
surveillance program. The Committee is concerned about the 
mismanagement of SBI's predecessor border surveillance 
programs, the Integrated Surveillance and Intelligence System 
and America's Shield Initiative. This section is intended to 
ensure the mistakes of the past are not repeated in the 
implementation of the more expensive and more complex SBI.

Section 302. Authorization Liaison Officer

    This section creates the position of Authorization Liaison 
Officer within the office of the Chief Financial Officer to 
ensure responsiveness to the authorizing Congressional 
committees and to work with the Appropriations Liaison Officer 
to coordinate the sharing of all reports prepared for the 
Congressional appropriations committees.

Section 303. Office of the Inspector General

    This section authorizes $108.5 million in appropriations to 
the Office of the Inspector General (OIG) of the Department of 
Homeland Security to provide additional resources to restore 
capacity for oversight of the Department in light of the 
diversion of resources to create the OIG standing disaster 
preparedness, response and recovery oversight shop. Of this 
authorization, $500,000 is dedicated for a new field office in 
Bellingham, Washington. The Committee notes that the total 
amount authorized by this provision is more than $9 million 
above the President's funding request.

Section 304. Congressional notification requirement

    This section requires the Secretary of Homeland Security to 
actively consult with the Committee on Homeland Security in the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs in the Senate, and to keep the 
committees fully informed of the Department's activities. Under 
this provision, the Secretary may submit any required 
information in classified form if the information is classified 
pursuant to applicable national security standards.
    The Committee wishes to emphasize the importance of 
Congressional notification and consultation by the Department 
of Homeland Security as the Department implements reforms, 
streamlines organization and procedure, and endeavors to 
fulfill its homeland security missions.

Section 305. Sense of Congress regarding oversight of Homeland Security

    This section expresses the sense of Congress that the House 
of Representatives and the Senate should implement the 
recommendation of the National Commission on Terrorist Attacks 
Upon the United States (9/11 Commission) to designate a 
committee in each chamber to serve as the single, principal 
point of oversight and review for homeland security and to 
authorize the activities of the Department.

        TITLE IV--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS

Section 401. Homeland Security procurement training

    This section requires the Chief Procurement Officer (CPO) 
of the Department of Homeland Security to (1) create courses, 
including any required curriculum, to train acquisitions 
employees about homeland security procurement; (2) develop a 
system of maintaining records on student enrollment; and (3) 
submit a report on procurement training records including 
enrollment, graduates, and certification. This provision also 
creates a new Council on Procurement Training within the 
Department, to be composed of the chief procurement officers of 
the United States Coast Guard, the Transportation Security 
Administration, the Office of Procurement, Immigration and 
Customs Enforcement, Customs and Border Protection, the Federal 
Emergency Management Agency, the Federal Law Enforcement 
Training Center, and the United States Secret Service. This 
provision directs the Council to consult with the CPO in 
developing the program and identify acquisitions employees who 
should receive such training. Eligible employees are 
individuals who, for at least 50 percent of their time, are 
involved in acquisitions, procurement-related program 
management, or oversight.
    The Committee wishes to note that the language in this 
section is very similar to certain provisions of H.R. 803, 
which was introduced by Rep. Carney on February 5, 2007. That 
bill, the Department of Homeland Security Procurement 
Improvement Act of 2007, was cosponsored by other Committee 
Members, including Chairman Thompson of Mississippi, Ranking 
Member King of New York, and Rep. Rogers of Alabama.

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

    This section authorizes the Secretary of Homeland Security 
to hire up to 250 annuitants with experience in procurement and 
contract management to support the Department of Homeland 
Security's acquisitions capabilities and enhance contract 
management throughout the Department. This provision bars the 
hiring of an annuitant if it means that an employee would be 
displaced.
    The Committee observes that, since its creation, the 
Department has had significant and continuing problems in 
effectively managing all aspects of the procurement cycle. One 
of the primary reasons for this difficulty is a shortage of 
trained and experienced contracting personnel. The Committee 
acknowledges that the Department has recently announced 
initiatives that could, in the long term, develop a cadre of 
skilled in-house contracting professionals. The Committee 
believes this provision will help address the short term 
staffing needs of the Department's procurement offices, as well 
as provide a group of experienced contracting professionals to 
assist in training newly hired staff.

Section 403. Additional requirement to review past performance of 
        contractors

    This section requires the Secretary of Homeland Security to 
consider past performance of a contractor before deciding 
whether to award such contractor with a contract. This 
provision also requires the contractor, as a part of the 
contract bid, to submit information regarding the contractor's 
past performance of Federal, State, local, and private sector 
contracts.
    The Committee wishes to note that the language in this 
section is very similar to certain provisions of H.R. 803, 
which was introduced by Rep. Carney on February 5, 2007. That 
bill, the Department of Homeland Security Procurement 
Improvement Act of 2007, was cosponsored by other Committee 
Members, including Chairman Thompson of Mississippi, Ranking 
Member King of New York, and Rep. Rogers of Alabama.

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

    This section requires the Chief Procurement Officer of the 
Department of Homeland Security to conduct an independent 
review of each procurement for compliance with the Buy American 
Act (41 U.S.C. 41 10a-10d). It also requires companies that 
apply for a contract to disclose whether they or any of their 
subcontractors are owned or controlled by a foreign person or 
entity. This provision requires such disclosures to be 
continuously, including instances where there is a change in 
ownership or subcontractors during performance of the contract. 
Under this section, foreign ownership occurs when 50 percent or 
more of the voting stock or other ownership interest is 
controlled by a foreign national, corporation, or government.
    In the Department of Homeland Security Inspector General's 
Semiannual Report to Congress for the period April 1, 2006 to 
September 30, 2006, the Office of the Inspector General stated 
that it is unable to ``determine whether DHS complied with the 
Buy American Act (BAA) requirements on a comprehensive, agency-
wide level because of system limitations and manual reporting 
errors.'' The Committee believes that this is unacceptable, and 
included this provision to emphasize the importance the 
Committee places on BAA compliance.

Section 405. Integrity in contracting

    This section amends the Homeland Security Act of 2002 (6 
U.S.C. 361 et seq.) by adding certain requirements to the 
contracting process, including requiring attestation by 
contractors bidding for government contracts that affirmatively 
discloses any substantial role the bidder, employees of the 
bidder, or any corporate parent or subsidiary of the bidder may 
have played in certain activities bringing about the bid; 
additional requirements for bidders who disclose such roles; 
and certification of whether the bidder is in default on any 
payment to the Federal government or owes any delinquent taxes.

Section 406. Small business utilization report

    This section requires the Chief Procurement Officer of the 
Department of Homeland Security, within 360 days of enactment, 
to submit a report to the Secretary of Homeland Security, the 
Committee on Homeland Security in the House of Representatives, 
and the Homeland Security and Governmental Affairs Committee in 
the Senate, that identifies each program in the Department 
where government-wide goals for small business participation 
are not met.
    In addition, this section requires the Chief Procurement 
Officer, within 90 days of submission of such report, to submit 
to Congress an action plan, including performance measures and 
timetables for each program to meet the Government-wide goals 
of ensuring that at least 3 percent of Department procurement 
contracts is awarded to HUBZone and veteran-owned businesses 
and that at lease 5 percent is awarded to women-owned and 
economically-disadvantaged businesses.
    This section also directs the Chief Procurement Officer to 
give priority to small business concerns for all open market 
procurements exceeding the simplified acquisition threshold 
prior to initiating full and open, or unrestricted, 
competition; and it sets the order of priority.

Section 407. Requirement that uniforms, protective gear, badges, and 
        identification cards of homeland security personnel be 
        manufactured in the United States

    This section provides that funds appropriated to the 
Department of Homeland Security may not be used for procurement 
of uniforms, protective gear, badges, or identification cards 
for Department personnel if those items are not manufactured in 
the United States. However, under this provision, the 
requirement does not apply if the Secretary of Homeland 
Security determines that such items cannot be procured at a 
satisfactory level of quality or sufficient quantity. In those 
instances, the Secretary must notify the Committee on Homeland 
Security in the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs in the Senate within 
7 days of making the determination; certify that the items 
which are not made in the United States do not pose a risk to 
national security; and explain how the foreign provider of the 
items is ensuring that materials, patterns, logos, and designs 
used in or for those items will not be misappropriated. This 
section does not affect any waiver under Sec. 301 of the Trade 
Agreements Act of 1979 (19 U.S.C. 13). Finally, to ensure that 
this provision does not adversely impact domestic textile 
manufacturers, the Secretary is directed to take all available 
steps to ensure that producers of the listed items use domestic 
textiles.
    The Committee notes that, in the past, Department 
uniforms--including those for the United States Border Patrol--
have not been manufactured domestically, raising serious 
security concerns that this provision is intended to address. 
The Committee would also like to acknowledge that this 
provision is identical to a bill previously introduced by Rep. 
Etheridge and co sponsored by Rep. Rogers of Alabama and Rep. 
Thompson of Mississippi.

Section 408. Department of Homeland Security mentor protege program

    This section authorizes the Department of Homeland 
Security's Mentor Protege program within the Office of Small 
and Disadvantaged Business Utilization. The program, which is 
already established, motivates and encourages large business 
prime contractor firms to provide developmental assistance to 
small and disadvantaged businesses. This section also directs 
the Secretary to publicize and ensure that Department 
contractors and offerors are made aware of the benefits of 
participating in the program. Under this provision, one benefit 
is that a firm's efforts to seek and develop a formal mentor 
protege relationship will be a positive factor in the 
Department's evaluation of any bid or offer for a Department 
contract. Finally, this section directs the Inspector General 
of the Department to conduct a review of the program, including 
an assessment of the program's effectiveness and identification 
of any barriers that restrict contractors from participating in 
the program.

Section 409. Prohibition on award of contracts and grants to 
        educational institutions not supporting coast guard efforts

    This section prohibits the Secretary of Homeland Security 
from awarding a contract or grant to an institution of higher 
education that refuses to allow the United States Coast Guard 
access to its campuses and students for the purposes of 
recruiting. This section also provides a safeguard exemption 
for universities with a history of pacifism based on religious 
beliefs.
    The Committee wishes to emphasize that the Coast Guard 
plays a strong role in protecting our Nation. The Coast Guard 
has both humanitarian and homeland security missions, including 
port security, migrant interdiction, maritime border security, 
search and rescue, and the protection of living marine 
resources. Coast Guard recruits are afforded the opportunity to 
participate in any of these missions.

Section 410. Report on source of shortfalls at Federal Protective 
        Service

    This section enjoins the Secretary of Homeland Security 
from conducting a reduction in force or furlough of the 
workforce of the Federal Protective Service (FPS) until the 
Comptroller General of the United States submits to the 
Committees on Homeland Security and Transportation and 
Infrastructure in the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs in the 
Senate a report on the source of shortfalls at FPS. Moreover, 
this section prohibits the Secretary from conducting such a 
reduction in force or furlough until the three aforementioned 
Congressional Committees have held hearings on the report.
    The Committee would oppose significant reductions to the 
Department's workforce absent an independent investigation to 
ensure that such reductions are necessary. To address the 
issue, the Committee recently issued a request to the 
Government Accountability Office (GAO) to investigate the 
reason for reducing the Federal Protective Service workforce. 
As of the date of this report, GAO has confirmed that it will 
investigate the source of shortfalls and report back to the 
requesting Committees.

              TITLE V--WORKFORCE AND TRAINING IMPROVEMENTS

Section 501. Customs and Border Protection officer pay equity

    This section grants law enforcement status for retirement 
purposes to Customs and Border Protection (CBP) Officers, 
specifically to individuals that work in this capacity on the 
date of enactment and retire or leave within 5 years of 
enactment. If a CBP Officer chooses to make contributions to 
their retirement accounts to make up the difference of what 
should have been contributed in the past, had they been 
conferred law enforcement status previously, this section 
requires the Department of Homeland Security to add the amount 
it would have contributed, had such status been conferred 
previously.
    The Committee appreciates the dedicated law enforcement 
work of legacy employees from the Departments of Justice and 
Treasury who currently serve as Customs and Border Protection 
(CBP) Officers under the Department's One Face at the Border 
Initiative to streamline the inspection process at ports of 
entry. The Committee notes that, while CBP was created in March 
2003, the title ``Customs and Border Protection Officer'' was 
not adopted until July 2004. Thus, for the purposes of this 
section, the definition of ``prior qualified service'' applies 
to predecessor positions held by CBP enforcement personnel, 
including Customs Inspectors, Canine Enforcement Officers, and 
Immigration Inspectors as of March 2003.
    Based on its oversight, the Committee recognizes that many 
duties of these officers formerly included law enforcement 
activities such as the investigation or apprehension of 
individuals suspected or convicted of criminal offenses, and 
many of these officers were authorized and trained to carry 
firearms. The Committee continues to investigate options for 
providing equitable recognition of law enforcement service by 
individuals who served in legacy agencies prior to the 
Department's creation.

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

    This section requires the Chief Human Capital Officer of 
the Department of Homeland Security to submit a plan to address 
the underrepresentation of minorities in various categories of 
employment within 90 days of enactment. This section also 
requires that, within one year of the issuance of such a plan, 
the Government Accountability Office issue an assessment of the 
plan, including the likelihood that the Department will achieve 
the goal of sufficiently addressing underrepresentation. This 
section defines ``underrepresentation,'' ``minority groups,'' 
``minorities,'' and ``category of civil service employment.''

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

    This section extends authority of the Federal Law 
Enforcement Training Center to hire and maintain Federal 
annuitants as trainers until December 31, 2008.

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

    This section authorizes the Secretary of Homeland Security 
to hire up to 500 annuitants with experience in border security 
to accelerate the ability of Customs and Border Protection 
(CBP) to secure the borders. This provision also bars the 
hiring of an annuitant where an employee would be displaced.
    This section provides CBP with temporary authority to 
rehire up to 500 annuitants to provide necessary capacity to 
deploy a sufficient number of Border Patrol agents between the 
ports of entry and CBP inspectors at the ports of entry. The 
Committee intends this authority to allow CBP to utilize the 
wealth of experience and expertise held by annuitants to train 
and supervise new personnel as they are hired, as well as to 
meet the demand for highly trained agents and inspectors in the 
interim. The Committee would like to note that nothing in this 
provision is intended to limit rights to which employees are 
otherwise entitled under the law.

Section 505. Strengthening border patrol recruitment and retention

    This section requires the Secretary of Homeland Security to 
develop a plan to address the recruitment and retention 
challenges of hiring border patrol agents by, among other 
things, utilizing pay, recruitment, relocation, and retention 
bonuses to attract and maintain the border security workforce. 
This section also requires the Secretary to submit a report to 
Congress.
    The Committee intends that the plans outlined in this 
section will focus on providing incentives to Border Patrol 
agents, including the payment of bonuses, increases in the pay 
percentage differentials for agents living in high cost areas, 
and mechanisms to allow agents to transfer locations after the 
first two years of service. The Committee also intends this 
section to assist Customs and Border Protection (CBP) in 
recruiting and retaining a top quality Border Patrol workforce, 
particularly as the Department attempts to increase the size of 
the Border Patrol to 18,000 agents by the end of calendar year 
2008.

Section 506. Limitation on reimbursement relating to certain detailees

    This section restricts payment by the Department of 
Homeland Security to specialized detailees hired under the 
Intergovernmental Personnel Act (IPA) (5 U.S.C. 3371 3375) to 
no more than the highest salary available under the Senior 
Executive Service.
    The Committee learned during an investigation in the 109th 
Congress that a high ranking official was being paid in excess 
of $230,000 per year under his arrangement with the Department 
of Homeland Security. The Committee views this provision as a 
step toward ensuring that the Department will not enter into 
such an arrangement again. The Committee would also like to 
acknowledge that this provision was previously offered as an 
amendment by Rep. Loretta Sanchez and accepted during the 
markup of H.R. 5814 in the 109th Congress.

Section 507. Integrity in post employment

    This section closes a loophole in the law so that no agency 
or bureau within the Department of Homeland Security is deemed 
to be a separate entity with respect to lobbying regulations. 
This section requires that the Department be excluded from the 
post employment restrictions under Title 18, section 207(h)(1) 
of the United States Code, which allows for an agency 
designation of separate entities for purposes of administering 
the post employment restrictions.
    The Committee recognizes that excluding the Department from 
Title 18, section 207(h)(1) of the U.S. Code will help ensure 
accountability and integrity, both of which are paramount for 
the Department to maintain the highest professional and ethical 
standards and to effectively protect the nation. The Committee 
has determined that while more could be done to improve post 
employment accountability and integrity, this is a significant 
step in the improving post employment restrictions.

Section 508. Increased security screening of Homeland Security 
        officials

    This section requires the Secretary of Homeland Security to 
conduct a Department wide review of the security clearance and 
suitability review process for employees, contractors, State, 
local and private sector officials, within 90 days of 
enactment. Based on the review's findings, this section directs 
the Secretary to take all necessary steps to strengthen the 
Department's security policies. In developing steps, the 
Secretary shall assess whether all components meet or exceed 
Federal or Department security clearance standards; whether the 
Department has a cadre of well trained security clearance 
adjudicators; and whether suitability reviews are undertaken 
when individuals are transferred from components to the 
Department's headquarters.
    In the 109th Congress, the Subcommittee on Management, 
Integration, and Oversight held a hearing on the security 
practices at the Department. The Subcommittee reviewed serious 
examples of criminal conduct by departmental officials and a 
transportation contract awarded to a company whose owner had 
multiple felony convictions and a poor business record.
    The Committee has determined that additional steps should 
be taken to increase security screening of departmental 
officials. Thus, this section requires a department wide review 
to ensure the Department's security screening practices are 
improved.
    The Committee believes the Secretary of Homeland Security 
must ensure that (1) all Departmental components meet or exceed 
Federal and departmental standards for security clearance 
investigations, adjudications, and suitability reviews; (2) the 
Department has a sufficient number of well trained 
adjudicators; and (3) suitability reviews are conducted for 
Department employees who transfer into headquarters from a 
departmental component.

Section 509. Authorities of Chief Security Officer

    This section establishes the Chief Security Officer in the 
Department of Homeland Security and sets forth four areas of 
responsibility: (1) personal security, facility access, 
security awareness and related training; (2) ensuring that 
components comply with Federal security clearance standards; 
(3) ensuring, to the greatest extent practicable, that State, 
local, and private individuals who need to access classified 
material from the Department are able to receive clearances in 
a timely fashion; and (4) performing all other functions as 
determined by the Secretary.
    The Committee remains concerned about the backlog in 
security clearances. In view of this, the Committee decided to 
require the Chief Security Officer to take steps to ensure, to 
the greatest extent practicable, that State and local 
officials, as well as private sector entities, who have a need 
to receive classified information from the Department receive 
the appropriate clearances as expeditiously as possible.

Section 510. Departmental culture improvement

    This section requires the Secretary of Homeland Security to 
consider implementing the recommendations of the Homeland 
Security Advisory Council Culture Task Force Report of January 
2007, and to choose an appropriate term to replace ``human 
capital'' in the Department's operations, policies, and 
programs.
    The Committee included this section to address a number of 
personnel issues that continue to plague the Department. The 
2006 Federal Human Capital Survey measuring satisfaction among 
Federal employees issued by the Office of Personnel Management 
indicated the Department scored last or nearly last in every 
category. Specifically, the Survey notes that the Department 
had the lowest score of any Federal agency or department on the 
job satisfaction index and the results oriented performance 
culture index. The Department also received low scores on the 
leadership and knowledge management index and the talent 
management index.
    In June 2006, the Secretary of Homeland Security requested 
that the Homeland Security Advisory Council (HSAC) review the 
culture of the Department and issue recommendations on ways to 
improve it. The HSAC's Homeland Security Culture Taskforce drew 
on the experience of leaders in the private sector, and 
recommended that the Department further define its role; 
implement homeland security management and leadership models; 
establish an operational leadership position; create leadership 
empowered teamwork and a ``blended culture''; engage the State, 
local, Tribal, and private sectors in an ``outside the Beltway 
focused'' collaborative process; and institutionalize the 
opportunity for innovation.
    The Committee seeks to ensure that continued progress is 
made. Thus, this section requires the Secretary of Homeland 
Security, acting through the Chief Human Capital Officer, to 
consider implementing recommendations set forth in the Homeland 
Security Advisory Council Culture Task Force Report of January 
2007.
    The Committee further notes that one of the Culture Task 
Force recommendations reflected empowering employees by 
``dropping the buzzword `Human Capital' and replacing it with 
`employees' or `members' of DHS.'' The Committee recognizes the 
importance of this key recommendation. The Committee also notes 
testimony by the Under Secretary for Management on March 1, 
2007, which supported replacing the phrase ``human capital'' 
with a term more appropriately reflective of the DHS workforce.

Section 511. Homeland Security Education Program Enhancements

    This section amends Sec. 845(b) of the Homeland Security 
Act of 2002 (6 U.S.C. 361 et seq.) to require the Administrator 
of the Homeland Security Education Program at the Department of 
Homeland Security to use curricula modeled on existing 
Department reviewed Master's Degree curricula in homeland 
security, in conjunction with numerous other media and 
facilities (including the National Domestic Preparedness 
Consortium, the National Fire Academy, and the Emergency 
Management Institute) and to allow the Administrator to develop 
additional educational programs as appropriate.
    The Committee believes that the Department should use all 
appropriate existing educational resources to fully leverage 
and maximize these assets as a cost effective and efficient way 
to implement and operate the Homeland Security Education 
Program. Therefore, this section expands the pool of 
statutorily authorized education components the Department 
should utilize to include asynchronous distance learning, video 
conferencing, and curricula modeled on existing Department 
reviewed Master's Degree curricula in homeland security.

Section 512. Repeal of Chapter 97 of Title 5, United States Code

    This section repeals Chapter 97 of Title V in the United 
States Code, and voids any regulations promulgated thereunder.
    The Committee wishes to emphasize that Department of 
Homeland Security employees must be afforded the same 
protections as other civil service employees. In the 
Committee's view, the first step in ensuring these rights is to 
repeal the authority of the Department to establish a separate 
personnel system. The Committee recognizes that, given the 
President's prerogative to suspend any protections offered to 
civil service employees during a state of emergency, any 
additional personnel systems are unnecessary.

Section 513. Utilization of non law enforcement officers as instructors 
        for non law enforcement classes at the Border Patrol Training 
        Academy

    This section expands the ability of the Federal Law 
Enforcement Training Center (FLETC) to increase its pool of 
trainers to meet growing homeland security needs and respond in 
national emergencies. Specifically, this section would allow 
qualified Federal employees to teach non law enforcement 
courses at FLETC where appropriate, to ensure the most 
efficient and cost effective training for Border Patrol agents 
and other law enforcement personnel.
    The Committee recognizes that since the terrorist attacks 
of September 11, 2001, the need for FLETC training has 
increased dramatically, and the Center is under significant 
strain to provide training to Federal law enforcement officers. 
The Border Patrol, for example, currently is working to 
increase its force by approximately 6,000 agents over the next 
two years and, given attrition rates, the Border Patrol will 
need to hire and train approximately 8,800 agents using FLETC 
programs.
    The Committee is aware that FLETC currently uses only 
personnel with extensive law enforcement experience to teach in 
FLETC basic training programs, and the Border Patrol specific 
portion of this training is taught by current and former Border 
Patrol agents. The Committee believes it is critical to have as 
many of these agents as is feasible guarding the Nation's 
borders, rather than teaching non law enforcement classes that 
could be taught by other qualified Federal employees. The 
Committee recognizes, however, that even non law enforcement 
classes need to be tailored for the specific needs of law 
enforcement trainees and expects FLETC to take steps to ensure 
that the substance and quality of the training are not impacted 
by the use of other Federal employees.

                 TITLE VI--BIOPREPAREDNESS IMPROVEMENTS

Section 601. Chief Medical Officer and Office of Health Affairs

    This section authorizes the Chief Medical Officer (CMO) 
within the Department of Homeland Security, to be appointed by 
the President and subject to Senate confirmation. This section 
also provides that the CMO will have the rank and title of 
Assistant Secretary for Health Affairs, which will assist the 
CMO when coordinating with counterparts in other Federal 
agencies.
    Moreover, this provision authorizes creation of the Office 
of Health Affairs, to be headed by the Chief Medical Officer. 
This section also requires that the CMO possess a demonstrated 
ability in and knowledge of medicine and public health.
    This section defines the responsibilities of the Chief 
Medical Officer in discharging the duties of the Office of 
Health Affairs, including serving as the advisor to the 
Secretary and the Department's lead authority on matters 
relating to medical care, public health, food, water, 
veterinary, and agro defense; overseeing the Department's 
medical personnel; administering the Department's 
responsibilities for medical preparedness; acting as the 
primary point of contact with other Federal agencies on matters 
relating to medical care, public health, food, water, 
veterinary, and agro defense; serving as the Department's 
primary point of contact with State and local governments, the 
medical community, and the private sector, on medical readiness 
and response; managing the National Biosurveillance Integration 
System, BioWatch, and the Department's responsibilities for 
BioShield; ensuring science based policy, standards, 
requirements, and metrics for occupational health and safety of 
the Department's workforce; supporting the Department's 
components with respect to protective medicine and tactical 
medical support; developing, in coordination with appropriate 
Department entities, end to end plans for medical prevention, 
preparedness, protection, response, and recovery from 
catastrophic events; integrating into such end to end plans 
Department of Health and Human Services' efforts to identify 
and deploy medical assets used in preparation for or response 
to national disasters and catastrophes, and to enable access by 
medical personnel patient electronic medical records to aid 
treatment of displaced persons to ensure that actions of both 
Departments are combined for maximum effectiveness during an 
emergency consistent with the National Response Plan and other 
emergency support functions; performing such other duties as 
the Secretary may require; and directing and maintaining a 
coordinated system for medical support of the Department's 
operations.
    The Secretary of Homeland Security established the Chief 
Medical Officer (CMO) in July 2005, following the Second Stage 
Review of the Department's structure and operations. The CMO 
was approved by statute via the Department of Homeland Security 
Appropriations Act, 2007 (P.L. 109-295). The Committee believes 
this statutory language needs to be updated and expanded upon, 
given the growing recognition of the vital role of medical 
preparedness in homeland security missions. The Office of 
Health Affairs (OHA) was proposed by the Secretary in the 
President's Fiscal Year 2008 budget request and further 
centralizes responsibility for the medical component of 
disaster preparedness and response.
    Prior to the establishment of the CMO, the Department had 
no centralized structure for coordinating medical preparedness 
activities within the Department or with other agencies across 
the Federal government. The Committee believes that formally 
establishing OHA will ensure that the Department is able to 
effectively oversee medical preparedness and response 
activities and coordinate with other Federal agencies on these 
matters.
    The Committee intends that OHA will play a critical role in 
preparing for a possible influenza pandemic or for other 
emerging diseases, including foreign animal and zoonotic 
diseases, that could threaten National Security, and that it 
will provide guidelines for medical response plans to State and 
local first responders. The Committee believes that the 
Department needs dedicated staff to coordinate and integrate 
medical preparedness and response activities into overarching 
emergency response plans. The Committee feels that OHA will 
provide the critical on site expertise necessary to ensure 
effective Department leadership on emergency preparedness and 
response issues relating to medical care, public health, food, 
water, veterinary care, and agriculture.

Section 602. Improving the material threats process

    This section modifies the Project BioShield Act of 2004 
(P.L. 108-276), to accelerate and prioritize the Department of 
Homeland Security's performance of Material Threat Assessments 
(MTAs) and Material Threat Determinations (MTDs). This section 
requires the Secretary of Homeland Security to utilize existing 
risk assessments if deemed credible by the Secretary to 
accelerate completion of MTAs and MTDs for agents capable of 
significantly affecting national security. This section also 
directs the grouping of agents in completing MTAs and MTDs to 
the extent practicable and appropriate. This provision requires 
that MTDs for chemical, biological, radiological, and nuclear 
(CBRN) agents known to the Secretary prior to the date of 
enactment and which the Secretary considers to be capable of 
significantly affecting national security be completed by 
December 31, 2007. Moreover, it requires the Secretary to 
submit the results of all material CBRN threat or risk 
assessments to Congress within 30 days of the completion of 
each assessment.
    This section reauthorizes funds for the Department to 
conduct MTAs through 2009. It also authorizes the use of 
additional funds specifically for the purpose of accelerating 
the MTA and MTD processes to enable the Department to meet the 
December 31, 2007 deadline. Under this provision, this funding 
may be used for conducting risk assessments where no credible 
ones exist.
    The Department of Health and Human Services procures 
countermeasures under Project BioShield, but before this 
procurement can take place, the Department of Homeland Security 
must issue MTDs identifying those agents which may pose a 
credible and immediate threat to national security, and conduct 
MTAs to provide information about such a threat, including an 
estimated number of exposed individuals, the geographical 
extent of the exposure, and other collateral effects. The 
Committee acknowledges that the pace with which the Department 
of Homeland Security is issuing and conducting MTDs and MTAs 
has improved in recent months, and the Committee directs the 
Secretary to maintain an aggressive schedule by utilizing known 
risk assessments where feasible. The Committee also directs the 
Secretary to complete all MTDs for those agents determined to 
be capable of significantly affecting national security by 
December 31, 2007.

Section 603. Study on national biodefense training

    This section requires the Secretary of Homeland Security to 
conduct a study to determine the staffing and training 
requirements for construction or expansion/upgrading of 
biodefense laboratories at Biosafety Levels (BSL) 3 and 4. This 
section also directs the study to be conducted in consultation 
with the Secretary of Defense and the Secretary for Health and 
Human Services.
    This section provides that the study shall address the 
number of trained personnel, by discipline and qualification 
level, required for existing biodefense laboratories at BSL 3 
and BSL 4; the number of research and support staff, including 
researchers, laboratory technicians, animal handlers, facility 
managers, facility or equipment maintainers, and safety and 
security personnel; the necessary training for the personnel to 
staff BSL 3 and BSL 4 labs; and training schedules necessary to 
meet the scheduled openings of these biodefense laboratories. 
This section also requires a report to be submitted to Congress 
by December 31, 2007.
    The Committee acknowledges that over the next five years, 
the Federal government will invest in over 2.6 million gross 
square feet of new construction involving Bio Safety Level 
(BSL) 3 and BSL 4 laboratory space to support the development 
of countermeasures against the threat of bioterrorism. Early 
estimates show that full deployment of these facilities could 
require over 3,000 trained personnel. This section requires the 
Secretary of Homeland Security to work with the Secretary of 
Defense and the Secretary of Health and Human Services to 
examine the current status of staffing at BSL 4 facilities and 
to determine the number of newly trained staff that will be 
needed as these new Federally supported facilities are 
completed and become operational.
    The Committee intends that the study outlined in this 
provision should determine specific training requirements, 
including the needs for curriculum development, to fully staff 
existing and planned BSL 4 facilities so as to ensure their 
safe and efficient operation. The Committee encourages the 
Department of Homeland Security to partner with a university 
that is experienced in operating a BSL 4 facility in order to 
determine the staffing needs, training requirements, and 
opportunities for a coordinated national biocontainment 
training program. The Committee also believes that attention 
must be given to the ability of future facilities to support 
Good Laboratory Practice (GLP) techniques. For universities, 
where many of the new facilities will be located, GLP 
guidelines have traditionally not been adhered to, but the 
Committee views GLP compliance as essential for advancing 
products through the regulatory pipeline.

Section 604. National Biosurveillance Integration Center

    This section establishes the National Biosurveillance 
Integration Center (NBIC) to enhance the Federal government's 
ability to rapidly identify and track a biological event and 
creates a Director to head the NBIC. This section requires the 
Director to, as part of NBIC, develop, maintain, and operate an 
information technology system that integrates data from 
relevant surveillance systems and identifies and characterizes 
biological events in as near real time as possible.
    This section provides that the Director's responsibilities 
shall include enhancing NBIC performance by adding new data 
feeds, improving statistical and analytical tools, establishing 
a procedure for reporting suspicious events, considering all 
relevant homeland security information, and providing technical 
assistance to State and local governments and private entities. 
This section requires the Director to assess data from 
biosurveillance systems and integrate it with intelligence 
information in order to provide overall biological situational 
awareness and enable identification of a biological event. It 
also requires the Director to establish information sharing 
mechanisms for real time communication with the National 
Operations Center, to provide integrated information to the 
heads of other agencies, notify the Secretary and relevant 
officials of any significant biological event, report on NBIC 
assessments to partner entities, and distribute NBIC incident 
or situational awareness reports via information sharing 
networks.
    This section requires the Secretary of Homeland Security to 
actively seek out interagency agreements that are necessary for 
the success of this program and delineates the responsibilities 
of the Department of Homeland Security's interagency partners 
when they enter into such agreements. Under this provision, 
partnering agencies shall use best efforts to integrate 
biosurveillance information through NBIC, provide timely 
information to NBIC, provide connectivity of data systems to 
NBIC, detail personnel to NBIC, retain responsibility for their 
own surveillance systems, and participate in shaping operating 
practices of NBIC.
    This section requires the Director to be informed of any 
homeland security information relating to biological threats 
that comes through other channels to the Secretary's attention. 
It also designates NBIC as a Public Health Authority and 
ensures that NBIC is compliant with applicable Health Insurance 
Portability and Accountability Act (HIPAA) requirements and 
other applicable privacy regulations. This section also 
authorizes NBIC to collect or receive health information in 
order to complete its mission of preventing or controlling 
disease, injury, or disability. Moreover, this provision 
requires the Director to establish an interagency working group 
to advise the biosurveillance capabilities of NBIC, including 
officials of other government agencies and interagency 
partners.
    This section requires a report be submitted to Congress by 
December 31 of each year which provides a list of the 
participants in NBIC; a timeframe for when they expect to have 
access to new, desirable data; a list of those accessing NBIC 
information; and a plan for implementing development efforts or 
major changes to NBIC. This section authorizes for 
appropriation such funds as may be necessary to carry out 
NBIC's mission, declares that the NBIC should be fully 
operational by September 30, 2008, and defines the term 
``biological event.''
    This section formally authorizes NBIC to ensure the 
continued development of a surveillance component as part of an 
integrated strategy for biodefense. The NBIC is a data fusion 
center designed to integrate relevant surveillance data from 
public and private sources to rapidly recognize and 
characterize the dispersal of biological agents in human and 
animal populations, food, water, agriculture, and the 
environment.
    The Committee believes that NBIC will enhance the Nation's 
capability to provide early warning of a biological event, 
whether terrorist related or naturally occurring, and provide 
continuous biosituational awareness. This system is being built 
upon and reinforces existing Federal, State, local, 
international, and private sector surveillance systems, and 
incorporates relevant threat information from the Intelligence 
Community. The Committee encourages the Department to 
incorporate the analysis of social disruption indicators into 
NBIC's data fusion activities.
    The Committee intends that the Department, in cooperation 
with other appropriate Federal departments and agencies, will 
integrate and disseminate assessments to appropriate Federal, 
regional, State, and local response entities to support 
decision making.
    Because NBIC requires near real time surveillance data from 
multiple agencies to be an effective detection and early 
warning program, the Committee directs the Secretary to enter 
formal interagency agreements. Activities of the NBIC are to be 
reported to Congress annually. The Committee believes that this 
Center will provide the earliest warnings of a biological 
attack and thus enable Federal, State, and local entities to 
appropriately respond as soon as possible.

Section 605. Risk analysis process and integrated CBRN risk assessment

    This section tasks the Secretary of Homeland Security with 
developing a scientific, quantifiable risk analysis process for 
chemical, biological, radiological, and nuclear (CBRN) agents, 
and to conduct such risk assessments. It also directs the 
Department of Homeland Security to conduct cross cutting risk 
assessments which will allow comparison not just among 
biological agents, for example, but across the entire CBRN 
spectrum of agents. These risk assessments will facilitate 
Material Threat Assessments required under project BioShield; 
guide countermeasure research, acquisition and deployment; 
identify vulnerability gaps; guide resource investment; and 
support development of the Department's end to end CBRN defense 
policy. The Secretary is required to complete the first 
integrated CBRN risk assessment by June 2008 and report the 
results to Congress.
    The methodology developed under this section will support 
the integration of all classes of agents--chemical, biological, 
radiological, and nuclear--into a single framework to provide a 
strategic, integrated CBRN risk assessment.
    The Committee feels that an integrated assessment of all 
CBRN threats is necessary to compare risk across threat classes 
to better guide resource allocation. This section is intended 
to establish a risk analysis process that will support both 
conducting this integrated risk assessment and evaluating 
optimal risk management strategies. A robust risk analysis 
process is needed to identify key knowledge gaps or 
vulnerabilities in our CBRN defense posture; enable rebalancing 
and refining of investments within, as well as across, the 
various classes of threats; and support end to end assessments 
of our overall CBRN defense policy, taking into account the 
full spectrum of countermeasures available including 
prevention, preparedness, planning, response and recovery 
activities. The Committee believes that this risk analysis tool 
will better steer investments to strategies with the greatest 
potential for mitigating identified risks.

Section 606. National Bio and Agro defense Facility

    This section establishes in statute the proposed National 
Bio and Agro defense Facility (NBAF) as part of the Science and 
Technology Directorate in the Department of Homeland Security 
and provides that it will be headed by a Director. Under this 
provision, the NBAF will conduct research on animal and 
zoonotic diseases that pose human health or economic threats to 
the United States, and will share the results of its research 
to prevent or reduce the damage done by such diseases.
    This section sets out the responsibilities of the NBAF 
Director as directing research, development, testing and 
evaluation (RDT&E) on countermeasures, detection technologies, 
animal models, information sharing mechanisms, and standards; 
coordinating Federal, State, and local government research 
efforts; develop an emergency response plan for such diseases; 
ensuring that NBAF itself is secure; training research and 
technical staff; and leveraging expertise of academia, private 
industry, national labs, and Federal, State, and local 
governments.
    Moreover, this section directs that NBAF shall have Bio 
Safety Level (BSL) 3 and 4 facilities; be situated on at least 
30 acres of securable land; be at least 500,000 square feet and 
be capable of housing at least 80 large animals; have 
preexisting or easily installed utility infrastructure; have a 
completed environmental impact statement; and be located 
reasonably near an airport and major roadways. This provision 
also specifies that the Department may accept and use in kind 
donations of real property, personal property, laboratory and 
office space, utility services, and infrastructure upgrades for 
the NBAF, and provides that the NBAF is exempt from the Public 
Buildings Act of 1959 (40 U.S.C. 3301 et seq.), as well as the 
requirement under 21 U.S.C. 113a that research on live foot and 
mouth disease be conducted only on coastal islands.
    The Committee believes the Nation currently lacks 
sufficient BSL 3 and BSL 4 large animal laboratory space to 
research many high consequence foreign animal and zoonotic 
diseases. NBAF will fill this gap, provide a unique capability, 
and fulfill the guidance in Homeland Security Presidential 
Directive (HSPD) 9 to develop a plan ``to provide safe, secure, 
and state of the art agriculture biocontainment laboratories 
that research and develop diagnostic capabilities for foreign 
animal and zoonotic diseases,'' as well as meet the objectives 
of HSPD 10, ``Biodefense for the 21st Century.''
    The Committee also views the exemption from a statute which 
prohibits the study of live virus of foot and mouth disease on 
the U.S. mainland as an important element of this legislation. 
Modern biocontainment technology has matured to the point that 
BSL 4 facilities do not need to be located on an island, and 
indeed, BSL 4 facilities already do exist on the mainland, 
although the focus of these facilities is on diseases affecting 
human health. Furthermore, placing such a facility on an island 
presents challenges in terms of operating the facility for 
example, maintenance and operation of utilities and getting 
personnel, samples, and equipment on and off the island, 
especially during inclement weather.
    The Committee emphasizes that the NBAF will not alter any 
other agency's mission. This facility's focus will be on 
addressing those foreign animal and zoonotic diseases of such 
high consequence that they may pose a threat to national 
security. The Committee recognizes that with this focus in 
mind, in some circumstances, it may be necessary to conduct 
research on certain endemic diseases that share similar 
characteristics to foreign animal and zoonotic diseases of 
concern. The Committee expects that the relationships among the 
Departments of Homeland Security, Agriculture, and Health and 
Human Services in conducting research and managing personnel 
within this new facility will be mutually agreed upon and 
formalized by interagency agreements and understandings. The 
Committee believes that strong coordination among these 
Departments is vital to the functioning of the facility and the 
success of its research.

        TITLE VII--HOMELAND SECURITY CYBERSECURITY IMPROVEMENTS

Section 701. Cybersecurity and communications

    This section establishes an Office of Cybersecurity and 
Communications within the Department of Homeland Security, to 
be headed by the Assistant Secretary for Cybersecurity and 
Communications. This section requires the Assistant Secretary 
to assist the Secretary of Homeland Security in carrying out 
the Department's cybersecurity and communications 
responsibilities.
    This provision requires the Assistant Secretary to 
establish and maintain a capability in the Department to detect 
vulnerabilities to cyber attacks or large scale disruptions; 
conduct risk assessments; develop a plan for continuation of 
critical information operations in the event of the attack or a 
large scale disruption; and oversee an emergency communications 
system in the event of an attack or a large scale disruption. 
It also requires the Assistant Secretary to define what 
constitutes a ``cyber incident of national significance'' and 
ensure that the Department's priorities, procedures, and 
resources are in place to reconstitute critical information in 
the event of a cyber attack or large scale disruption. 
Moreover, this section requires the Assistant Secretary to 
develop a cybersecurity awareness training and education 
program for awareness throughout the Federal government and 
consult and coordinate with the Under Secretary for Science and 
Technology.
    This section defines the term ``critical information 
infrastructure'' and directs that, if the Secretary reprograms 
or transfers any funds under this section, the Secretary must 
comply with any applicable provisions of the annual 
appropriations act.
    The Committee views establishment of the Office of 
Cybersecurity and Communications as an effort to ensure that 
the Department fulfills its responsibility as the lead Federal 
agency for cybersecurity systematically and with the requisite 
sense of urgency. Moreover, the Committee expects the 
Department to establish a capability to allow it to monitor 
critical information infrastructure.
    The Committee encourages the Assistant Secretary for 
Cybersecurity and Communications to request that State Homeland 
Security Directors develop a State cybersecurity strategy with 
a focus on continuity of operations and disaster recovery 
strategies for the critical information and communications 
technology systems and technology assets that support emergency 
services at the State and local levels. The Assistant Secretary 
should encourage States to conduct risk and needs assessments 
that take into account the multitude of threats to relevant 
cyber systems. The Assistant Secretary should also encourage 
coordination with State Homeland Security Directors and State 
Chief Information Officers, to jointly develop a State 
cybersecurity strategy for critical information and 
communications technology systems.
    Another area of importance to the Committee is the 
promotion and distribution of cybersecurity best practices. The 
responsibilities of the Assistant Secretary include promoting 
voluntary cybersecurity best practices and benchmarks that are 
responsive to rapid technology changes and to the security 
needs of critical infrastructure. As such, the Committee 
encourages the Department to consider the roles of Federal, 
State, local and foreign governments, appropriate standards 
bodies and the private sector, including the insurance industry 
and auditors to develop methods to promote the wider use of 
cybersecurity across the economy. The Committee recognizes that 
due to the interconnectedness of information networks a 
weakness in one sector may have a cascading effect across other 
sectors. In view of this, the Department is expected to work 
with the private sector and academia to determine the best 
mechanisms for developing a distribution system for 
cybersecurity best practices and benchmarks to all end user 
groups across economic sectors, as well as students and 
government entities.

Section 702. Cybersecurity research and development

    This section authorizes $50 million for cybersecurity 
research and development activities of the Science and 
Technology Directorate in the Department of Homeland Security 
for Fiscal Year 2008.
    This section requires the Under Secretary for Science and 
Technology of the Department of Homeland Security to support 
research, development, testing, evaluation, and transition of 
cybersecurity technology including fundamental, long term 
research in cybersecurity, to improve the ability of the United 
States to prevent, protect against, detect, respond to, and 
recover from cyber attacks, with emphasis on research and 
development relevant to large scale, high impact attacks. Of 
particular interest to the Committee is research to develop 
more secure versions of fundamental Internet protocols, 
technologies for detecting attacks or intrusions, techniques 
for containment of attacks, and development of resilient 
networks, technologies to reduce vulnerabilities in process 
control systems, and less vulnerable software.
    The Committee acknowledges that the cybersecurity program 
at the Department's Science and Technology Directorate has 
funded research which has resulted in almost a dozen open 
source and commercial products that provide capabilities such 
as secure thumb drives, root kit detection, worm and 
distributed denial of service detection, defenses against 
phishing, network vulnerability assessment, software analysis, 
and security for process control systems. Unfortunately, the 
budget for this program continues to be cut. In the last seven 
years, more than 20 reports from such entities as the INFOSEC 
Research Council, the National Science Foundation, the National 
Institute of Justice, the National Security Telecommunications 
Advisory Committee, the National Research Council, and the 
President's Commission on Critical Infrastructure Protection 
have all urged the government to do more to drive, discover, 
and deliver new solutions to address cyber vulnerabilities. 
Yet, the cybersecurity program at the Department of Homeland 
Security has seen its budget reduced from $22.7 million in 
Fiscal Year 2007 to $14.8 million in Fiscal Year 2008. By 
comparison, the Federal Bureau of Investigation estimated in 
2004 that cybercrime cost companies worldwide around $400 
billion. In 2005, U.S. businesses lost an estimated $67 
billion.
    The Committee wishes to emphasize that this section will 
increase the funding level for the cybersecurity portfolio to 
$50 million. This funding level is similar to what was provided 
for in an amendment offered by Rep. Loretta Sanchez to H.R. 
4941, the Homeland Security Science and Technology Enhancement 
Act of 2006, during the 109th Congress. The Committee received 
several letters of support for this provision from private 
sector groups concerned about cybersecurity.

            TITLE VIII--SCIENCE AND TECHNOLOGY IMPROVEMENTS

Section 801. Report to Congress on strategic plan

    This section requires the Under Secretary for Science and 
Technology at the Department of Homeland Security to submit to 
Congress a strategic plan for the Science and Technology 
Directorate, not later than 120 days after enactment. This 
section directs the plan to cover a number of areas, including 
a strategy to enhance the directorate's workforce, a policy for 
hiring and administering detailees, a Departmental policy to 
take technologies from research and development through the 
procurement process.
    The Committee is concerned that, five years after the 
passage of the Homeland Security Act in 2002 (6 U.S.C. 361 et 
seq.), the Science and Technology Directorate still has not 
submitted the strategic plan required under the Act. As time 
has passed, problems with morale and leadership within the 
workforce and the Department's use of important tools like the 
National Laboratories have come into question. The Committee 
notes that these issues were discussed during a February 14, 
2007 hearing held before the Subcommittee on Emerging Threats, 
Cybersecurity, Science and Technology entitled, ``Understanding 
the Budget and Strategic Agenda of the Science and Technology 
Directorate.''

Section 802. Centers of Excellence program

    This section authorizes $31 million for the Centers of 
Excellence Program and $8 million for the Minority Serving 
Institutions program for Fiscal Year 2008. This provision also 
requires that at least one of the next four Centers of 
Excellence established by the Department of Homeland Security 
be located at a Minority Serving Institution.

Section 803. National Research Council Study of University Programs

    This section requires the Under Secretary for Science and 
Technology at the Department of Homeland Security to engage the 
National Academy of Sciences to conduct a study to assess the 
Department's University Programs, with an emphasis on the 
Centers of Excellence program.
    Specifically, this section directs the Under Secretary for 
Science and Technology to commission a study by the National 
Research Council on the University Programs of the Science and 
Technology (S&T) Directorate. The Committee intends this study 
to focus primarily on the Centers of Excellence Program and 
make recommendations for appropriate improvements. This section 
directs the National Research Council to review many aspects of 
the S&T Directorate's University Programs including: the key 
areas of study relevant to the homeland security mission, the 
selection criteria and weighting of such criteria used for 
ranking competing institution proposals, the frequency of the 
review cycle, and the most appropriate criteria and metrics to 
measure demonstrable progress of Centers of Excellence.
    The Committee recognizes that broad criteria are listed in 
the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) 
governing the selection of Centers of Excellence; however, the 
Committee believes the selection criteria should be established 
to ensure Centers of Excellence are selected that are best 
aligned with identified homeland security mission areas and 
demonstrate ability to provide leadership in a particular area 
of expertise.
    This section also instructs the National Research Council 
to examine and provide recommendations on the most advantageous 
relationship between the Centers of Excellence and the S&T 
Directorate with the Department components the Directorate 
serves. The Committee is concerned with the recent decision of 
the S&T Directorate to realign the Centers of Excellence in 
such a way that limits one Center of Excellence per division of 
the S&T Directorate. Given the large breadth and scope of 
research within individual divisions, the Committee questions 
the rationale for limiting each division to one Center of 
Excellence. For example, the Chemical/Biological Division 
conducts research on threats diverse as chemical, food, 
zoonotic and other biological threats, and each may require 
unique defense strategies. One Center of Excellence to examine 
all of these research areas may not provide the most qualified 
expertise to conduct work across the full breadth of activities 
and develop the various, unique defenses that may be required 
by a single division.

Section 804. Streamlining of SAFETY act and antiterrorism technology 
        procurement processes

    This section requires the Secretary of Homeland Security to 
ensure that a sufficient number of personnel trained to apply 
economic, legal and risk analyses are involved in the review 
and prioritization of anti terrorism technologies for the 
purpose of determining whether those technologies may be 
designated or certified by the Secretary under the Support Anti 
Terrorism by Fostering Effective Technologies (SAFETY) Act of 
2002 (6 U.S.C. 441). This section also requires the Secretary 
to ensure coordination for implementing the SAFETY Act among 
the Chief Procurement Officer, the Under Secretary for Science 
and Technology, the Under Secretary for Policy, and the General 
Counsel, and to ensure coordination of the Department's efforts 
to promote awareness and utilization of the SAFETY Act at the 
Federal, State, and local level.
    The Committee acknowledges that legislation identical to 
this provision was introduced in H.R. 599 on January 22, 2007 
by Rep. Langevin. The bill was cosponsored by a number of 
Committee Members, including Rep. Bilirakis of Florida and Rep. 
Rogers of Alabama. On January 23, 2007, the House passed H.R. 
599, to direct the Secretary of Homeland Security to streamline 
the SAFETY Act and anti terrorism technology procurement 
processes. H.R. 599 was referred to the Senate Committee on 
Homeland Security and Governmental Affairs.

Section 805. Promoting antiterrorism through International Cooperation 
        Act

    This section requires the Under Secretary for Science and 
Technology at the Department of Homeland Security to establish 
the Science and Technology Homeland Security International 
Cooperative Programs Office. This section provides that the 
Office shall be responsible for developing, in consultation 
with the Department of State, understandings and agreements to 
allow international cooperative activities to support homeland 
security research, development, and comparative testing.
    This section authorizes $25 million for fiscal years 2008 
through 2011 to administer the program and award grants to 
entities that enter into cooperative agreements under this 
program.
    The Committee notes that language similar to this provision 
was included in H.R. 4942, which then-Chairman King introduced 
during the 109th Congress. H.R. 4942 was passed in the House by 
voice vote on September 26, 2006 and referred to the Senate 
Committee on Homeland Security and Governmental Affairs. In the 
110th Congress, Ranking Member King introduced a provision 
identical to this section known as the ``PACTS Act,'' or H.R. 
884. The House passed H.R. 884 on February 27, 2007, and the 
bill was referred to the Senate Committee on Homeland Security 
and Governmental Affairs.
    The Committee recognizes that the development and 
implementation of technology is critical to combating terrorism 
and is the cornerstone of a comprehensive homeland security 
strategy. Considering certain U.S. allies in the global war on 
terror, such as the United Kingdom and the State of Israel, 
have extensive experience, technological expertise, and common 
interests in homeland security science and technology, we can 
mutually benefit from the sharing of technologies to combat 
domestic and international terrorism.

                 TITLE IX--BORDER SECURITY IMPROVEMENTS

Section 901. US-VISIT

    This section requires the Secretary of Homeland Security to 
submit the comprehensive strategy required by section 7208 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 
(P.L. 108-458) for the biometric entry and exit data system 
(US-VISIT) no later than 7 days after the date of enactment, 
and sets out new minimum exit contents for the strategy, along 
with a deadline (December 31, 2008) for airport and seaport 
exit implementation. Moreover, this section prohibits the 
Department of Homeland Security from transferring the office 
that carries out US-VISIT to the National Protection and 
Programs Directorate (NPPD) until the Secretary submits the 
comprehensive strategy to the appropriate Congressional 
committees.
    The Committee notes that the comprehensive strategy is more 
than 2 years overdue, and expects the Department to work 
expeditiously to complete it by the prescribed deadline. The 
Department's decision to move US-VISIT to NPPD and to describe 
the program as an ``identity management'' system has left the 
Committee uncertain about the Department's position on the exit 
functions of US-VISIT. The Committee expects the Department to 
complete both the biometric entry and exit functions of US-
VISIT, as mandated in law. This section ensures that the 
Department will continue to take tangible steps towards 
deploying exit capabilities at all ports of entry before 
altering the course of the system. Completing the exit portion 
of US-VISIT would allow the Department to address the issue of 
visa overstays and meet an important recommendation of the 9/11 
Commission. The Committee believes it is important to national 
security that the Department remains committed to fulfilling 
the intended vision for US-VISIT.

Section 902. Shadow Wolves Program

    This section authorizes $4.1 million for the Shadow Wolves 
Program for Fiscal Year 2008. The Shadow Wolves were founded in 
1972 under a program created by Congress to track drug 
smugglers transporting contraband mostly marijuana on Indian 
reservation lands. The team is responsible for patrolling the 
Tohono O'odham lands in southern Arizona, and is Immigration 
and Customs Enforcement's only American Indian tracking unit.

Section 903. Cost effective training for Border Patrol agents

    This section requires the Secretary of Homeland Security to 
take steps necessary to control the costs of hiring, training, 
and deploying new Border Patrol agents, including allowing the 
waiver of certain course requirements when the individual has 
already satisfied such requirements. This section also directs 
the Office of the Inspector General (OIG) at the Department of 
Homeland Security to conduct a review of the costs and 
feasibility of training new Border Patrol agents at Federal 
training centers and training facilities operated by State, 
local, and private entities.
    This section requires the Secretary to take steps to ensure 
that the Fiscal Year 2008 per agent cost does not exceed 
$150,000. If the Secretary determines that the per agent cost 
must exceed $150,000, this provision requires the Secretary to 
provide an explanation to the House Committee on Homeland 
Security in the House of Representative and the Committee on 
Homeland Security and Government Affairs in the Senate.
    The Committee intends the provisions in this section to 
reduce the overall costs of hiring, training, and deploying new 
Border Patrol agents. This section permits the Department to 
waive certain course requirements for trainees and requires OIG 
to conduct a study to compare the costs and feasibility of 
training new Border Patrol agents at non profit or private 
training facilities, including those in the southwest border 
region.
    The Committee notes that a provision that would have 
prohibited the Department from recruiting, hiring, or training 
new Border Patrol agents until such costs are certified was 
struck during the markup process. The Committee believes that 
given the Department's efforts to increase the number of Border 
Patrol agents to improve border security, other effective 
methods of controlling costs should be utilized as appropriate. 
The Committee, however, will explore other viable mechanisms to 
enforce this section.

Section 904. Student and Exchange Visitor Program

    This section requires the Department of Homeland Security 
to promulgate regulations to require academic institutions and 
programs that sponsor international students and exchange 
visitors to ensure that those individuals are in fact actively 
participating in the programs for which they were admitted to 
the United States at the border. This provision ensures that 
academic institutions and exchange visitor programs devote 
adequate personnel resources to meet the reporting requirements 
of the Student and Exchange Visitor Program (SEVP) and that the 
Department provides adequate training and technical support to 
the authorized users of SEVP. This section also provides that 
all authorized users of SEVP shall be confirmed by the 
Department as not being on a terrorist watch list, and requires 
a Government Accountability Office review of the SEVP's fee 
structure.
    The Committee intends this section to ensure that 
international students and exchange visitors are actually 
complying with the terms of their admission and are not using 
their student or exchange visitor status as a pretext to enter 
our borders and pursue unauthorized or illegal activity once 
they gain admission to the United States. It is not intended to 
create a burdensome or intrusive requirement for sponsoring 
institutions, requiring only that the institution report to the 
Department if the student or exchange visitor has not been 
positively identified by physical or electronic means for the 
periods of time designated in the section or when the student 
or exchange visitor is not maintaining the institution's 
minimum standards of success.
    By updating the Student and Exchange Visitor Information 
System (SEVIS) to incorporate timely entries of a student or 
exchange visitor's declared academic major, the Committee 
intends to ensure that all information in SEVIS is current and 
complete, including when a student changes majors before 
completing their previously declared course of study. This will 
permit the Department to initiate appropriate security 
screening for foreign students who pursue programs of national 
security concern.
    The Committee further intends that this section will ensure 
that academic institutions and exchange visitor programs devote 
adequate personnel resources to comply with the reporting 
requirements of this border security program. To assist those 
institutions, the section requires the Department to provide 
adequate training and technical support to the authorized users 
of SEVP. The requirement that all authorized users of SEVP must 
be confirmed by the Department as not appearing on a terrorist 
watch list is intended to protect the integrity of SEVP.
    The Committee intends that the requirement of the 
Comptroller General to conduct a review of the SEVP's fee 
structure will ensure that the program is financially sound and 
that the fees charged are adequate but not excessive and are 
necessary to cover the cost of the services provided.

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

    This section orders the Secretary of Homeland Security to 
conduct an assessment and submit a report to 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 in the 
United States to wait times comparable to those existing prior 
to September 11, 2001, while ensuring that appropriate security 
checks are maintained, within 180 days of enactment.
    The purpose of the study is to quantify the detrimental 
effects that post September 11, 2001 security measures have had 
on legitimate trade and travel at U.S. land ports of entry and 
to assess the resources necessary to compensate for those 
effects without compromising border security.

Section 906. Biometric identification of unauthorized aliens

    This section requires the Secretary of Homeland Security to 
conduct a pilot program for mobile biometric identification of 
individuals apprehended by United States Coast Guard personnel 
on vessels at or near U.S. shores and to consider expanding the 
capability to all appropriate Department of Homeland Security 
maritime vessels. This section authorizes $10 million for the 
program.

Section 907. Report by Government Accountability Office regarding 
        policies and procedures of the Border Patrol

    This section requires the Government Accountability Office 
to submit a report to the Committee on Homeland Security in the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs in the Senate on the policies and 
procedures of the Border Patrol with respect 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. This 
section also directs the Comptroller General to consult with 
Customs and Border Protection and other specified 
representatives in developing the report and to attach any 
written opinions those consulted parties may wish to provide as 
appendices to the report.

               TITLE X--INFORMATION SHARING IMPROVEMENTS

Section 1001. State and Local Fusion Center Program

    This section establishes the State and Local Fusion Center 
Program and authorizes such sums as may be necessary to carry 
out the program's goals, including deploying Department of 
Homeland Security personnel and retired local law enforcement 
to participating centers and the maintenance of headquarters 
staff.
    In the wake of the terrorist attacks of September 11, 2001, 
numerous State and local authorities responsible for the 
protection of citizenry and critical infrastructure established 
intelligence or information ``fusion'' centers. Generally, 
fusion centers have been created by State authorities to 
prevent terrorist attacks, while concurrently preparing to 
respond to and recover from a terrorist attack should one 
occur. Some centers have a broader counter crime mission. Other 
centers serve an analytical function only that is, they 
integrate and analyze raw information provided to them by 
member agencies and entities and disseminate finished products 
to a broad array of consumers that range from State governors 
to street level law enforcement officers. Other centers are 
engaged in every stage of what is known as the intelligence 
cycle; based on assessed threats, they develop intelligence 
collection requirements, recruit human sources to fill these 
requirements, analyze raw information collected, and produce 
finished intelligence products. Generally, these fusion centers 
report to State Governor's offices through State homeland 
security directors. Most fusion centers are contained within 
State or locally owned facilities. The Committee notes that 
this measure does not authorize the construction of Federal 
facilities to house a State, local, or regional fusion center.

Section 1002. Fusion Center Privacy and Civil Liberties Training 
        Program

    This section establishes a program for privacy, civil 
liberties, and civil rights protection training to be 
administered by the Office of Civil Liberties and Civil Rights 
in the Department of Homeland Security. This section requires 
all Department employees embedded at fusion centers under the 
State and Local Fusion Center Program to successfully complete 
the training program and conditions the receipt of grant funds 
for the State and Local Fusion Center Program on the successful 
completion of the training by a representative from each 
Center. This provision also authorizes $3 million for each of 
Fiscal Years 2008 through 2013 and such sums as may be 
necessary for each subsequent year.
    This section specifies that the program shall include 
training on privacy and civil liberties policies, procedures, 
and protocols to control access to information; the Privacy Act 
of 1974 (5 U.S.C. Sec. 552a); handling of personally 
identifiable information in a responsible and appropriate 
manner; appropriate procedures for the destruction of 
information that is no longer needed; the consequences of 
failing to provide adequate privacy and civil liberties 
protections; compliance with Federal regulations setting 
standards for multijurisdictional criminal intelligence 
systems, including 28 C.F.R. 23; and the use of immutable 
auditing mechanisms designed to track access to information at 
a State or local fusion center.
    The Committee recognizes that, in the wake of the attacks 
on September 11, 2001, there is a need to develop and share 
information and intelligence across all levels and sectors of 
government and private industry. In response, many states have 
created fusion centers with various Federal, State, and local 
funding sources. The Committee acknowledges that fusion centers 
have proven to be an effective and efficient mechanism for 
exchanging information and intelligence, maximizing resources, 
streamlining operations, and improving capabilities for 
fighting crime and terrorism by analyzing data from a variety 
of sources.
    The Committee is committed to strengthening privacy, civil 
liberties, and civil rights policies at all levels of fusion 
center activities. Thus, this section requires that fusion 
center personnel with access to personally identifiable 
information undergo mandatory privacy, civil rights, and civil 
liberties training. The Department's Office of Civil Rights and 
Civil Liberties has conducted similar training in the past and, 
according to its officials and in conjunction with the Chief 
Privacy Officer, it is prepared to design and implement the 
required training.
    The Committee agrees that fusion centers are an important 
and vital tool in addressing the terrorism threat against the 
United States; however, their importance does not outweigh the 
importance of the privacy, civil liberties, and civil rights of 
American citizens and lawful permanent residents. The Committee 
believes that those rights must be thoughtfully considered in 
order to legislate responsibly and build public confidence in 
fusion center measures.

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

    This section allows the Secretary of Homeland Security to 
appoint up to 100 annuitants to positions in the fusion center 
program to facilitate information sharing between the 
Department of Homeland Security and State, local, and Tribal 
law enforcement, and to respond to terrorism, within 5 years of 
enactment. This section specifies that an appointment made 
under this provision shall not be subject to the provisions 
governing appointments in the competitive service or under 
sections 8344 and 8468 of Title 5 of the U.S. Code, nor any 
other similar provision of law under a Government retirement 
system. This section also sets other limitations to appointment 
of annuitants. This section strengthens the ability of the 
Department to attract and hire experienced intelligence 
analysts by allowing intelligence analysts who have retired 
from the Federal government to serve at the Department in this 
critical capacity. The Committee recognizes that the Department 
has had some difficulty competing for analysts against 
established intelligence and law enforcement agencies. The 
Committee further recognizes that while the Department has 
engaged with State and local fusion centers and is deploying 
intelligence analysts to support fusion center activities, it 
is important to ensure that the Department continues to have 
robust intelligence support at headquarters. The Department has 
hard working and quality intelligence analysts, but the 
addition of the most experienced, highly trained retirees will 
benefit information sharing at a time when the Federal 
Government is actively engaged in expanding the intelligence 
workforce.

                   TITLE XI--MISCELLANEOUS PROVISIONS

Section 1101. Eligible uses for interoperability grants

    This section directs the Secretary of Homeland Security to 
ensure that all funds administered by the Department of 
Homeland Security to support interoperable communications for 
State, local, and Tribal agencies may be used to support the 
standards outlined in the SAFECOM continuum, including 
governance, standard operating procedures, technology, training 
and exercises, and usage. The Committee intends this section to 
ensure that all funds administered by the Department of 
Homeland Security to support the interoperable emergency 
communications needs of State, local, and Tribal first 
responder agencies including funds administered pursuant to a 
Memorandum of Understanding or other agreement may be used to 
support all areas of the SAFECOM interoperability continuum. 
The SAFECOM interoperability continuum, which serves as the 
Federal standard for interoperable communications spending by 
States and localities, consists of five areas: governance, 
standard operating procedures, technology, training and 
exercises, and usage. The Committee wishes to emphasize that 
all five areas of the continuum are integral to the achievement 
of interoperable communications.
    In February 2007, the Office of Grants and Training within 
the Department of Homeland Security and the National 
Telecommunications and Information Administration (NTIA) within 
the Department of Commerce signed a Memorandum of Understanding 
regarding the administration of the new Public Safety 
Interoperable Communications (PSIC) grant program. The PSIC 
grant program will disburse $1 billion in grants to support the 
achievement of interoperable communications for first 
responders. The two agencies are currently developing grant 
guidance that will determine how grant recipients may use the 
funds.
    The Committee is concerned that NTIA and the Department of 
Homeland Security may restrict the use of funds to support only 
equipment purchases and limited planning activities. This 
approach is shortsighted and may lead to a waste of funds. 
Equipment is important to achieving interoperable 
communications; however, it is not the only challenge. The 
Department of Homeland Security's National Interoperability 
Baseline Survey, released in December 2006, and the Tactical 
Interoperable Communications Program scorecards, released in 
January 2007, confirmed that governance and standard operating 
procedures are the greatest challenges regarding achievement of 
multi jurisdictional interoperability. Therefore, this section 
will ensure that State, local, and Tribal agencies receiving 
PSIC grants will have the flexibility to use the funds to 
support activities in all five areas of the SAFECOM 
interoperability continuum.

Section 1102. Rural Homeland Security training initiative

    This section establishes a program within the Federal Law 
Enforcement Training Center (FLETC) to expand homeland security 
training to units of local and Tribal governments located in 
rural areas. This section requires the Secretary of Homeland 
Security to conduct an evaluation of the specific needs of 
rural areas; to develop and provide training programs to 
respond to those needs; and to conduct outreach efforts to 
ensure rural areas are aware of the training programs. This 
section further ensures that the new rural training programs do 
not duplicate or displace existing programs in this area, and 
that the Department of Homeland Security will maximize use of 
its existing facilities and closed military installations, and 
conduct on site training at facilities operated by 
participants.
    FLETC established the National Center for State and Local 
Law Enforcement Training in 1982. The National Center is 
responsible for training State and local law enforcement 
personnel in advanced topics designed to develop specialized 
law enforcement skills. To meet the needs of approximately 90 
percent of police agencies in the United States those located 
outside of large metropolitan areas FLETC developed a training 
series specifically designed for law enforcement agencies in 
small towns and rural areas. In recent years, demands on rural 
law enforcement agencies have increased as they work to prevent 
and prepare for terrorist acts, major disasters, and other 
emergencies. The Committee is responding to this dynamic by 
authorizing and augmenting the existing FLETC program to expand 
homeland security training to local and Tribal law enforcement 
personnel in rural areas.

Section 1103. Critical infrastructure study

    This section directs the Secretary of Homeland Security, 
working with the Center for Risk and Economic Analysis of 
Terrorism Events, to evaluate the feasibility and practicality 
of creating further incentives for private sector stakeholders 
to share Protected Critical Infrastructure Information with the 
Department.
    This section authorizes a study on the creation of new 
incentives for the private sector to share critical 
information. It is well known that the private sector owns 
approximately 85 percent of the Nation's critical 
infrastructure. Because these assets are privately held, many 
industries fear public disclosure of their commercial secrets 
or vulnerabilities. The Committee notes that because of the 
need for private sector cooperation in the war on terror, 
Congress created the category of information called ``Protected 
Critical Infrastructure Information'' to help alleviate some of 
these concerns. However, many companies are still wary because 
they believe sharing critical information makes them more 
vulnerable and will negatively affect their business.
    The study authorized by this section would review the 
incentives that could lead the private sector to see 
information sharing as a win win situation. The study will 
specifically consider the use of tax policy to help accomplish 
this goal through tax incentives, but would also look at other 
means. The Committee seeks to understand the best ways to 
ensure that the private sector remains a strong partner in 
homeland security information sharing efforts.

Section 1104. Terrorist watch list and immigration status review at 
        high risk critical infrastructure

    This section authorizes for appropriation such sums as may 
be necessary to require owners of Tier I or Tier II critical 
infrastructure sites, as selected for the Buffer Zone 
Protection Program, to conduct checks of their employees 
against available terrorist watch lists and immigration status 
databases.

Section 1105. Authorized use of surplus military vehicles

    This section directs the Secretary of Homeland Security to 
include U.S. military surplus vehicles that have demonstrated 
utility for responding to acts of terrorism, emergencies, and 
other disasters on the Authorized Equipment List to allow 
States and localities to purchase, modify, upgrade, and 
maintain such vehicles with homeland security assistance 
administered by the Department of Homeland Security.
    The Committee acknowledges that State and local law 
enforcement agencies currently are using, or plan to use, 
modified surplus military vehicles for homeland security 
purposes. Therefore, to support law enforcement agencies in 
this effort, this section requires the Secretary of Homeland 
Security to include United States military surplus vehicles 
that have demonstrated utility for responding to terrorist 
acts, major disasters, and other emergencies on the 
Standardized Equipment List in order to allow States and 
localities to purchase, modify, upgrade, and maintain such 
vehicles using homeland security assistance administered by the 
Department.

Section 1106. Computer capabilities to support real time incident 
        management

    This section authorizes such sums as may be necessary to 
encourage development and use of software or Internet based 
computer capabilities to support real time incident management 
by Federal, State, local, and Tribal agencies.
    This section directs the Secretary of Homeland Security to 
encourage the development and use of software or Internet based 
computer capabilities to enable Federal, State, local, and 
Tribal agencies to manage the response to terrorist attacks or 
natural disasters in real time. As witnessed after Hurricane 
Katrina, situational awareness, including geographic 
information system data and the location and tracking of 
people, vehicles, commodities, evacuation centers, and 
shelters, is critical to an effective response. Real time 
computer based incident management will help ensure that 
victims of future disasters receive the food and medical 
attention they require and that public infrastructure is 
restored or repaired as quickly as possible.

Section 1107. Expenditure reports as a condition of Homeland Security 
        grants.

    This section requires recipients of grants administered by 
the Secretary of Homeland Security to submit expenditure 
reports to the Secretary no later than 30 days after the last 
day of each fiscal quarter. Within 30 days of receiving these 
reports, the Secretary is required to post this information on 
the internet, but must also take appropriate steps to avoid 
disclosure of sensitive information. The Committee continues to 
be concerned about reports of questionable or improper spending 
of homeland security grants. Through this section, the 
Committee seeks to add greater transparency to the grants 
process and allow taxpayers to see where their tax dollars are 
spent.

Section 1108. Encouraging use of computerized training aids

    This section directs the Under Secretary for Science and 
Technology at the Department of Homeland Security to 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.
    The Committee recognizes the potential benefits of computer 
simulations to help Federal, State, Tribal, and local agencies 
prepare for and respond to terrorist acts, major disasters, and 
other emergencies. Therefore, this section authorizes the Under 
Secretary for Science and Technology to use and make available 
to State and local agencies computerized training aids, 
including Government owned computer modeling programs, as 
appropriate, in order to improve the abilities of 
municipalities to prepare for and respond to a chemical, 
biological, or other terrorist attack, and to standardize 
response training.

Section 1109. Protection of name, initials, insignia, and departmental 
        seal

    This section prohibits the knowing use of the name, 
initials, insignia, and seal of the Department of Homeland 
Security for commercial purposes, in a manner that is 
reasonably calculated to convey the impression that the 
Department or any component thereof endorsed such use, without 
written permission by the Secretary of Homeland Security. This 
section also authorizes the United States Attorney General to 
initiate civil proceedings in a Federal district court to 
enjoin such act or practice.

Section 1110. Report on United States Secret Service approach to 
        sharing unclassified, law enforcement sensitive information 
        with Federal, State, and local partners

    This section requires the Director of the United States 
Secret Service to submit a report to the Committee on Homeland 
Security in the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs in the Senate, and 
the Inspector General of the Department of Homeland Security, 
describing the approach used by the Secret Service to share 
unclassified, law enforcement sensitive information with 
Federal, State and local law enforcement, within 240 days of 
enactment of this Act. This provision also requires a review of 
the Secret Service report by the Office of the Inspector 
General that includes an assessment, with recommendations as to 
whether the approach can be incorporated throughout the 
Department of Homeland Security.

Section 1111. Report on United States Secret Service James J. Rowley 
        Training Center

    This section requires the Office of the Inspector General 
of the Department of Homeland Security to report, within 240 
days of enactment, to the appropriate Congressional committees 
on the mission and training capabilities and assessments of the 
United States Secret Service's James J. Rowley Training Center.
    The purpose of this section is to provide the Committee 
detailed information on the activities and capabilities of the 
James J. Rowley Training Center, operated by the United States 
Secret Service. The Committee is interested in assessing 
current training activities provided to Secret Service 
personnel, as well as to other Federal, State, and local 
entities. In view of this, the Committee believes it is 
important to require an assessment of the material condition of 
the facilities to maintain current and future throughput of 
Secret Service participants.

Section 1112. Metropolitan Medical Response System Program

    This section authorizes the Metropolitan Medical Response 
System (MMRS) Program to support local jurisdictions in 
enhancing and maintaining all hazards response capabilities to 
manage mass casualty incidents by systematically enhancing and 
integrating first responders, public health personnel, 
emergency management personnel, business representatives, and 
volunteers. Under this section, financial assistance for the 
program shall be administered by the Federal Emergency 
Management Agency (FEMA), and programmatic and policy guidance 
for the program shall be developed by the Assistant Secretary 
for Health Affairs in coordination with the FEMA Administrator. 
The program encourages mutual aid agreements and memoranda of 
understanding between local jurisdictions. This section also 
authorizes $63 million for each of the fiscal years 2008 
through 2011 and requires the Assistant Secretary to conduct a 
review of the MMRS Program, including a report to be submitted 
to Congress within 9 months of enactment.
    The Committee believes that MMRS is critical to developing 
and enhancing comprehensive regional health and medical 
response plans. MMRS also maintains an operational capability 
to implement the plans and to ensure the maximum usage of 
regional resources in response to a public health crisis, 
including an event involving weapons of mass destruction. The 
Committee wishes to emphasize that when an incident overwhelms 
local resources and Federal resources are requested, MMRS 
provides a platform that ensures the rapid and efficient 
integration of Federal resources into the local incident 
management system.

Section 1113. Identity Fraud Prevention Grant Program

    This section creates a new grant program to help States 
with the costs of issuing secure driver's licenses and 
identification cards in accordance with the REAL ID Act of 2005 
(P.L. 109-13 Division B). Under this provision, the grants may 
be used to develop machine readable technology, establish a 
system for State to State data exchange; safeguard of personal 
information; facilitate queries of Federal databases by States; 
capture digital images of identity source documents; and reduce 
the number of in person visits necessary to obtain state issued 
identity documents. This section directs that priority is to be 
given to States that will use the grant funds to prevent 
fraudulent issuance of identification cards. This section 
authorizes for appropriation $120 million for Fiscal Year 2008, 
$100 million for Fiscal Year 2009, and $80 million for Fiscal 
Year 2010.
    This section creates a grant program that would assist 
States in preventing individuals from fraudulently obtaining 
State issued drivers' licenses and identification cards and 
make those forms of identification more secure, in accord with 
the principles established by the REAL ID Act of 2005.
    The Committee notes that this grant program would give 
priority to those States that demonstrate the grant will assist 
the State in complying with regulations issued by the 
Department for the prevention of fraudulently issued 
identification in a way that would facilitate other States to 
achieve the same goal. In addition, this section precludes the 
Department from using funds from any other Homeland Security 
Grant Program for expenses related to the REAL ID Act. The 
Committee is concerned that the Department's recent decision to 
allow the use of Homeland Security grants by States for REAL ID 
compliance dilutes the intended focus of the Homeland Security 
Grant Program on terrorism related programs.

Section 1114. Technical corrections

    This section makes technical corrections to the Homeland 
Security Act of 2002 (P.L. 107 296; 6 U.S.C. 361 et seq.).

Section 1115. Citizen Corps

    This section authorizes such sums as may be necessary for 
the Secretary of Homeland Security to encourage the utilization 
of Citizen Corps funding and local Citizen Corps Councils to 
assist in the education and training of populations located 
around critical infrastructure for preparedness and response.

Section 1116. Report regarding Department of Homeland Security 
        implementation of comptroller general and inspector general 
        recommendations regarding protection of agriculture

    This section requires the Secretary of Homeland Security to 
submit a report to Congress, within 120 days of enactment of 
this Act, on the status of Department of Homeland Security 
activities with respect to agriculture security, with an 
emphasis on the recommendations of the referenced reports on 
the issue from the Government Accountability Office (GAO) and 
the Department's Office of the Inspector General (OIG). This 
section directs the report to include, for each recommendation 
in the two reports, a description of steps taken thus far in 
response to the recommendation and either the Department's 
plans to implement the recommendation or a justification for 
the nonimplementation of the recommendation.
    The Committee is concerned that the Department has not done 
enough to ensure the security of agriculture in the United 
States, and that it is not acting fast enough to get its new 
Agriculture Security programs online. The Committee notes that 
there have been problems with staffing and funding for the 
critical work of agro defense, but the Committee is aware of 
the Department's efforts to develop a strategic plan and 
execute the National Policy on Defense of U.S. Agriculture and 
Food (Homeland Security Presidential Directive HSPD 9; January 
20, 2004) tasks. The Committee expects that the report outlined 
in this section will detail progress and planning on this 
front.
    The Committee is concerned that various agencies, 
stakeholders, and working groups have not been tasked or 
engaged in securing agriculture, consistent with the national 
plans and guidelines. In particular, the Committee expects the 
report to reflect efforts to coordinate national intelligence 
and data gathering among Federal departments and agencies, 
State and local governments, the private sector, and non 
governmental organizations. This is consistent with both the 
GAO and OIG reports, and with the need for an early warning and 
response system.
    The Committee recommends that the Department expand its use 
of the Risk Analysis and Management for Critical Asset 
Protection (RAMCAP) methodology or a RAMCAP consistent 
methodology, as recommended in the National Infrastructure 
Protection Plan, and coordinate with the Department of 
Agriculture to provide guidance in the use of a standardized 
methodology consistent with other Department risk assessment 
efforts. Both the GAO and OIG reports emphasized the need for 
comparative analysis and consistency to help secure the 
Nation's food supply from malevolent threats and natural 
disasters. The Committee remains committed to working with the 
Department to ensure that food is safe ``from farm to fork.''

Section 1117. Report regarding levee system

    This section requires the Secretary to develop a 
comprehensive risk analysis of the Nation's levee systems, 
including analysis of threats to, vulnerabilities of, and 
consequences for such systems. This section permits the 
Secretary to build upon plans already developed or being 
developed. It is the sense of the Committee that the Dams/
Levees Sector Specific Plan being developed pursuant to 
Homeland Security Presidential Directive 7 (HSPD-7, Directive 
on Critical Infrastructure Identification, Prioritization, and 
Protection; December 17, 2003) and the National Infrastructure 
Protection Plan may meet this requirement. The Committee urges 
the Department to release this Sector Specific Plan and the 16 
other plans as soon as possible.

Section 1118. Report on force multiplier program

    This section requires the Secretary of Homeland Security to 
submit a report on the Department's progress in establishing 
procedures and operational aspects to ensure that Federal Air 
Marshals are made aware of any armed or unarmed law enforcement 
personnel on board an aircraft.

Section 1119. Eligibility of State judicial facilities for State 
        Homeland Security grants

    This section provides that States may use grant funds 
received under the State Homeland Security Grant Program or the 
Urban Area Security Initiative for the purpose of providing 
funds to State and local judicial facilities for security at 
those facilities.

Section 1120. Authorization of Homeland Security functions of the 
        United States Secret Service

    This section authorizes $1,641,432,000 and 6,822 full time 
equivalent positions for the United States Secret Service's 
missions.
    The Committee was concerned that the President's budget 
recommended reallocating $20,945,000 of the base funds to 
support personnel and fuel costs associated with the Service's 
protection mission. The Committee's authorization seeks to 
restore $10,600,000 of these funds. Above the President's 
request, the Committee recommends $2,000,000 be provided for 
maintenance of perimeter security systems at the White House, 
and $8,600,000 for protective countermeasure systems used to 
protect Secret Service protectees.
    The Committee further recommends $322,029,000 be provided 
for field and investigations operations, which includes 
$21,836,000 for the hiring of 122 full time equivalent (FTE) 
positions above the President's request for homeland.
    Congress intended the United States Secret Service to be a 
dual mission agency a century ago when it passed the Sundry 
Civil Expenses Act for 1907. It is incumbent upon the Congress 
to resource it as such.
    The Committee recommends the Secret Service be appropriated 
a minimum of $3,725,000 for maintenance and upkeep of the James 
J. Rowley Training Center. It has also requested a report on 
the Center's current capabilities, requirements, and 
infrastructure improvements necessary to meet those 
requirements, which is further explained under Section 1111 of 
this Report.

Section 1121. Data sharing

    This section requires the Secretary of Homeland Security to 
share information on disaster assistance requested or provided 
in response to an act of terrorism, natural disaster, or other 
emergency to Federal, State, and local law enforcement entities 
to assist in the location of a missing child or a sex offender. 
It also requires the Secretary to consider the privacy 
implications of sharing this information.
    After Hurricane Katrina, law enforcement entities had 
difficulty locating some of the approximately 2000 registered 
sex offenders that were evacuated as a result of the storm. At 
the time, the Department of Health and Human Services' 
Administration for Children and Families estimated that 
registered sex offenders evacuated to about 30 States. Some of 
these offenders failed to register with the jurisdiction to 
which they moved. In many cases, law enforcement agencies were 
unable to locate these offenders and the Federal Emergency 
Management Agency (FEMA was unable to provide information about 
assistance that had been provided. The Committee believes that 
this section will ensure that the Secretary of Homeland 
Security has the authority to share this information with law 
enforcement entities.

                  TITLE XII--MARITIME ALIEN SMUGGLING

    This title, modeled after the Maritime Drug Law Enforcement 
Act (46 U.S.C. App. 1901 1904), enables the Department of 
Homeland Security to improve the security of the U.S. land 
ports of entry and coastlines against unlawful entry by those 
who seek to enter the United States without official permission 
or lawful authority, and to deny smugglers the use of maritime 
routes. Like the Maritime Drug Law Enforcement Act, this 
section addresses the shortcomings of existing law that impede 
the prosecution of maritime smugglers.
    The Committee is concerned that each year, maritime 
smugglers transport thousands of aliens to the United States 
with virtual impunity because the existing law does not 
sufficiently punish or deter such conduct. During Fiscal Years 
2004 and 2005, over 840 alien smugglers facilitated or 
attempted to facilitate the illegal entry of over 5,200 aliens 
into the United States at an estimated profit of $13.9 million. 
During this period, fewer than three percent of interdicted 
maritime alien smugglers were referred for prosecution because 
they successfully circumvented the elements necessary for the 
government to prevail on existing felony offenses.
    The Committee notes that previously, 8 U.S.C. 1324 was the 
principal Federal criminal statute under which alien smugglers, 
including maritime smugglers, are prosecuted. That law was not 
designed for prosecuting maritime smuggling cases with their 
unique evidentiary and jurisdictional issues. The Committee 
further notes that many of the difficulties encountered by the 
Coast Guard and other law enforcement agencies in maritime 
smuggling enforcement stem from a statutory framework that did 
not take into consideration the unique aspects of 
extraterritorial maritime law enforcement operations. Moreover, 
alien smuggling under 8 U.S.C. 1324 was only a felony if the 
government could prove beyond a reasonable doubt that an alien 
smuggler sought commercial advantage or private financial gain, 
caused serious bodily injury, or placed in jeopardy the life of 
any person. Maritime smuggling is inherently dangerous, and 
felony prosecution should not be predicated on additional proof 
of that fact. Likewise, maritime smugglers have exploited the 
``profit'' requirement for felony prosecution by offering 
incentives to the aliens to lie and coaching the aliens to tell 
criminal investigators that the smuggler was a ``good 
Samaritan'' who ``rescued'' them.
    The Committee notes that in 1980, Congress recognized and 
addressed similar shortcomings in the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 by enacting the Maritime 
Drug Law Enforcement Act. With this Title, the Committee 
addresses shortcomings in existing law and provides the law 
enforcement community with the legal tools and authority it 
needs to prevent human maritime smuggling.

Section 1201. Short Title

    This section provides that this Title may be cited as the 
``Maritime Alien Smuggling Law Enforcement Act.''

Section 1202. Congressional Declaration of Findings

    This section declares Congressional findings 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. It also declares that 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.

Section 1203. Definitions

    This section defines the terms ``alien,'' ``lawful 
authority,'' ``serious bodily injury,'' ``State,'' ``terrorist 
activity,'' and ``vessel of the United States'' as those terms 
are to be construed in this Title.

Section 1204. Maritime alien smuggling

    This section creates and defines the substantive offense of 
Maritime Alien Smuggling, as well as offenses for attempt and 
conspiracy to commit the substantive crime. This section 
clarifies certain jurisdictional issues and also enumerates an 
affirmative defense and rules for the admissibility of 
evidence. This provision also prescribes penalties for 
committing the enumerated offenses, including imprisonment for 
not less than 3 years and not more than 20 years, a fine of not 
more than $100,000, or both. This provision also provides for 
more severe penalties in certain circumstances.

Section 1205. Seizure or forfeiture of property

    This section provides for seizure or forfeiture of property 
in the manner prescribed by section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324) of 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. This section also provides that 
practices commonly recognized as alien smuggling tactics may 
provide prima facie evidence of the intent needed to support an 
order to seize or forfeit property.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.-- This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.-- The table of contents for this Act 
is as follows:
Sec. 1. Short title; table of contents.
     * * * * * * *

                TITLE I--DEPARTMENT OF HOMELAND SECURITY

     * * * * * * *
Sec. 104. Congressional notification.
     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Directorate for Information Analysis and Infrastructure 
                    Protection; Access to Information

Sec. 201. Directorate for Information Analysis and Infrastructure 
          Protection.
Sec. 202. Access to information.
Sec. 203. Fusion center privacy and civil liberties training program.
     * * * * * * *

                    Subtitle C--Information Security

     * * * * * * *
Sec. 226. Office of Cybersecurity and Communications.
     * * * * * * *

    TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
Sec. 316. National Biosurveillance Integration Center.
Sec. 317. Risk analysis process and integrated CBRN risk assessment.
Sec. 318. National Bio and Agro-defense Facility.
Sec. 319. Promoting antiterrorism through international cooperation 
          program.

      [TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

   [Subtitle A--Under Secretary for Border and Transportation Security

[Sec. 401. Under Secretary for Border and Transportation Security.
[Sec. 402. Responsibilities.
[Sec. 403. Functions transferred.]

                    TITLE IV--DIRECTORATE FOR POLICY

                 Subtitle A--Under Secretary for Policy

Sec. 401. Directorate for Policy.
Sec. 402. Comprehensive Homeland Security Review.
     * * * * * * *

              Subtitle D--Immigration Enforcement Functions

     * * * * * * *
Sec. 447. Document fraud prevention grant program.
     * * * * * * *

                 TITLE V--NATIONAL EMERGENCY MANAGEMENT

     * * * * * * *
Sec. 522. Metropolitan Medical Response System Program.
     * * * * * * *

                          TITLE VII--MANAGEMENT

     * * * * * * *
Sec. 707. Chief Operating Officers.
Sec. 708. Chief Security Officer.

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                        Subtitle D--Acquisitions

     * * * * * * *
Sec. 836. Homeland security procurement training.
Sec. 837. Review of contractor past performance.
Sec. 838. Integrity in contracting.
Sec. 839. Requirement that certain articles procured for Department 
          personnel be manufactured in the United States.
     * * * * * * *

                  Subtitle H--Miscellaneous Provisions

     * * * * * * *
Sec. 890A.Expenditure reports as a condition of homeland security 
          grants.

                     Subtitle I--Information Sharing

     * * * * * * *
[Sec. 895. Authority to share grand jury information.
[Sec. 896. Authority to share electronic, wire, and oral interception 
          information.
[Sec. 897. Foreign intelligence information.
[Sec. 898. Information acquired from an electronic surveillance.
[Sec. 899. Information acquired from a physical search.]
Sec. 895. State and Local Fusion Center Program.
     * * * * * * *

             [TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

[Sec. 1801. Domestic Nuclear Detection Office.
[Sec. 1802. Mission of Office.
[Sec. 1803. Hiring authority.
[Sec. 1804. Testing authority.
[Sec. 1805. Relationship to other Department entities and Federal 
          agencies.
[Sec. 1806. Contracting and grant making authorities.]

              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.

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 102. SECRETARY; FUNCTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Special Assistant to the Secretary.--The Secretary shall 
appoint a Special Assistant to the Secretary who shall be 
responsible for--
          (1) * * *

           *       *       *       *       *       *       *

          (9) coordinating with [the Directorate of Border and 
        Transportation Security] United States Customs and 
        Border Protection and the Assistant Secretary for Trade 
        Development of the Department of Commerce on issues 
        related to the travel and tourism industries; and

           *       *       *       *       *       *       *


SEC. 103. OTHER OFFICERS.

  (a) Deputy Secretary; Under Secretaries.--There are the 
following officers, appointed by the President, by and with the 
advice and consent of the Senate:
          (1) * * *

           *       *       *       *       *       *       *

          (3) An Under Secretary [for Border and Transportation 
        Security] for Policy.

           *       *       *       *       *       *       *


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.-

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

  Subtitle A--Directorate for Information Analysis and Infrastructure 
Protection; Access to Information

           *       *       *       *       *       *       *


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.

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Subtitle C--Information Security

           *       *       *       *       *       *       *


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 
                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.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


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 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.

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 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).

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.

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).

      [TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

  [Subtitle A--Under Secretary for Border and Transportation Security

[SEC. 401. UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY.

  [There shall be in the Department a Directorate of Border and 
Transportation Security headed by an Under Secretary for Border 
and Transportation Security.

[SEC. 402. RESPONSIBILITIES.

  [The Secretary, acting through the Under Secretary for Border 
and Transportation Security, shall be responsible for the 
following:
          [(1) Preventing the entry of terrorists and the 
        instruments of terrorism into the United States.
          [(2) Securing the borders, territorial waters, ports, 
        terminals, waterways, and air, land, and sea 
        transportation systems of the United States, including 
        managing and coordinating those functions transferred 
        to the Department at ports of entry.
          [(3) Carrying out the immigration enforcement 
        functions vested by statute in, or performed by, the 
        Commissioner of Immigration and Naturalization (or any 
        officer, employee, or component of the Immigration and 
        Naturalization Service) immediately before the date on 
        which the transfer of functions specified under section 
        441 takes effect.
          [(4) Establishing and administering rules, in 
        accordance with section 428, governing the granting of 
        visas or other forms of permission, including parole, 
        to enter the United States to individuals who are not a 
        citizen or an alien lawfully admitted for permanent 
        residence in the United States.
          [(5) Establishing national immigration enforcement 
        policies and priorities.
          [(6) Except as provided in subtitle C, administering 
        the customs laws of the United States.
          [(7) Conducting the inspection and related 
        administrative functions of the Department of 
        Agriculture transferred to the Secretary of Homeland 
        Security under section 421.
          [(8) In carrying out the foregoing responsibilities, 
        ensuring the speedy, orderly, and efficient flow of 
        lawful traffic and commerce.

[SEC. 403. FUNCTIONS TRANSFERRED.

  [In accordance with title XV (relating to transition 
provisions), there shall be transferred to the Secretary the 
functions, personnel, assets, and liabilities of--
          [(1) the United States Customs Service of the 
        Department of the Treasury, including the functions of 
        the Secretary of the Treasury relating thereto;
          [(2) the Transportation Security Administration of 
        the Department of Transportation, including the 
        functions of the Secretary of Transportation, and of 
        the Under Secretary of Transportation for Security, 
        relating thereto;
          [(3) the Federal Protective Service of the General 
        Services Administration, including the functions of the 
        Administrator of General Services relating thereto;
          [(4) the Federal Law Enforcement Training Center of 
        the Department of the Treasury; and
          [(5) the Office for Domestic Preparedness of the 
        Office of Justice Programs, including the functions of 
        the Attorney General relating thereto.]

                    TITLE IV--DIRECTORATE FOR POLICY

                 Subtitle A--Under Secretary for Policy

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.

SEC. 402. COMPREHENSIVE HOMELAND SECURITY REVIEW.

  (a) Requirement To Conduct Reviews.--The Secretary, acting 
through the Under Secretary for Policy, shall conduct a 
comprehensive examination of the Department, to be known as the 
Comprehensive Homeland Security Review. The Secretary shall 
conduct the first such review in fiscal year 2009, and shall 
conduct a subsequent review in the first fiscal year in which 
there begins the first presidential term of a new presidential 
administration.
  (b) Purpose of Review.--In each Comprehensive Homeland 
Security Review, the Secretary shall--
          (1) include a Department of Homeland Security 
        Strategy that is consistent with the most recent 
        National Strategy for Homeland Security prescribed by 
        the President;
          (2) define sufficient personnel and appropriate 
        organizational structure and other requirements 
        necessary for the successful execution of the full 
        range of missions called for in the Department of 
        Homeland Security Strategy; and
          (3) identify a budget plan, acquisition strategy, 
        procurement process, and any other resources, that are 
        necessary to provide sufficient resources for the 
        successful execution of the full range of missions 
        called for in the Department of Homeland Security 
        Strategy.
  (c) Conduct of Review.--
          (1) Consultation required.--The Secretary shall 
        conduct each review required under subsection (a) in 
        consultation with key officials of the Department, 
        including the Assistant Secretary of the Transportation 
        Security Administration, the Commissioner of United 
        States Customs and Border Protection, the Director of 
        United States Citizenship and Immigration Services, the 
        Assistant Secretary for Immigration and Customs 
        Enforcement, the Director of the United States Secret 
        Service, the Administrator of the Federal Emergency 
        Management Agency, the Director of the Federal Law 
        Enforcement Training Center, and the Commandant of the 
        Coast Guard.
          (2) Relationship with future years homeland security 
        program.--The Secretary shall ensure that each review 
        conducted under this section is consistent with the 
        Future Years Homeland Security Program required under 
        section 874.
  (d) Report to Congress and the President.--
          (1) Report.--The Secretary shall submit to the 
        Committee on Homeland Security 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.

               Subtitle B--United States Customs Service

SEC. 411. ESTABLISHMENT; COMMISSIONER OF CUSTOMS.

  (a) Establishment.--There is established in the Department 
the United States Customs Service, [under the authority of the 
Under Secretary for Border and Transportation Security,] which 
shall be vested with those functions including, but not limited 
to those set forth in section 415(7), and the personnel, 
assets, and liabilities attributable to those functions.

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Subtitle C--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS.

  (a) In General.--[The] There is in the Department an Office 
for Domestic Preparedness [shall be within the Directorate of 
Border and Transportation Security].
  (b) Director.--There shall be a Director of the Office for 
Domestic Preparedness, who shall be appointed by the President, 
by and with the advice and consent of the Senate. [The Director 
of the Office for Domestic Preparedness shall report directly 
to the Under Secretary for Border and Transportation Security.]

           *       *       *       *       *       *       *

  [(d) Fiscal Years 2003 and 2004.--During fiscal year 2003 and 
fiscal year 2004, the Director of the Office for Domestic 
Preparedness established under this section shall manage and 
carry out those functions of the Office for Domestic 
Preparedness of the Department of Justice (transferred under 
this section) before September 11, 2001, under the same terms, 
conditions, policies, and authorities, and with the required 
level of personnel, assets, and budget before September 11, 
2001.]

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             Subtitle D--Immigration Enforcement Functions

SEC. 441. TRANSFER OF FUNCTIONS TO UNDER SECRETARY FOR BORDER AND 
                    TRANSPORTATION SECURITY.

  
   In accordance with title XV (relating to transition 
provisions), there shall be transferred from the Commissioner 
of Immigration and Naturalization to the [Under Secretary for 
Border and Transportation Security] Secretary all functions 
performed under the following programs, and all personnel, 
assets, and liabilities pertaining to such programs, 
immediately before such transfer occurs:
          (1)  * * *

           *       *       *       *       *       *       *


SEC. 442. ESTABLISHMENT OF BUREAU OF BORDER SECURITY.

  (a) Establishment of Bureau.--
          (1) * * *
          (2) Assistant secretary.--The head of the Bureau of 
        Border Security shall be the Assistant Secretary of the 
        Bureau of Border Security, [who--
                  [(A) shall report directly to the Under 
                Secretary for Border and Transportation 
                Security; and
                  [(B) shall] who shall have a minimum of 5 
                years professional experience in law 
                enforcement, and a minimum of 5 years of 
                management experience.
          (3) Functions.--The Assistant Secretary of the Bureau 
        of Border Security--
                  (A) shall establish the policies for 
                performing such functions as are--
                          (i) transferred to the [Under 
                        Secretary for Border and Transportation 
                        Security] Secretary by section 441 and 
                        delegated to the Assistant Secretary by 
                        the [Under Secretary for Border and 
                        Transportation Security] Secretary; or

           *       *       *       *       *       *       *

                  (C) shall advise the Under Secretary for 
                [Border and Transportation Security] Policy 
                with respect to any policy or operation of the 
                Bureau of Border Security that may affect the 
                Bureau of Citizenship and Immigration Services 
                established under subtitle E, including 
                potentially conflicting policies or operations.

           *       *       *       *       *       *       *

          (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.-
          [(5)] (10) Managerial rotation program.--
                  (A) * * *

           *       *       *       *       *       *       *

  (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.-

SEC. 443. PROFESSIONAL RESPONSIBILITY AND QUALITY REVIEW.

  
   [The Under Secretary for Border and Transportation Security] 
Subject to the direction and control of the Secretary, the 
Deputy Secretary shall be responsible for--
          (1) * * *

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SEC. 444. EMPLOYEE DISCIPLINE.

  [The Under Secretary for Border and Transportation Security] 
Subject to the direction and control of the Secretary, the 
Deputy Secretary may, notwithstanding any other provision of 
law, impose disciplinary action, including termination of 
employment, pursuant to policies and procedures applicable to 
employees of the Federal Bureau of Investigation, on any 
employee of the Bureau of Border Security who willfully 
deceives the Congress or agency leadership on any matter.

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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.

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Subtitle F--General Immigration Provisions

           *       *       *       *       *       *       *


SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Effect of Subsequent Employment With the Government.--An 
individual who receives a voluntary separation incentive 
payment under this section and who, within 5 years after the 
date of the separation on which the payment is based, accepts 
any compensated employment with the Government or works for any 
agency of the Government through a personal services contract, 
shall be required to pay, prior to the individual's first day 
of employment, the entire amount of the incentive payment. Such 
payment shall be made to the covered entity from which the 
individual separated or, if made on or after the transfer date, 
to the Deputy Secretary [or the Under Secretary for Border and 
Transportation Security] (for transfer to the appropriate 
component of the Department of Homeland Security, if 
necessary).

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TITLE V--NATIONAL EMERGENCY MANAGEMENT

           *       *       *       *       *       *       *


[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.
  [(b) Qualifications.--The individual appointed as Chief 
Medical Officer shall possess a demonstrated ability in and 
knowledge of medicine and public health.
  [(c) Responsibilities.--The Chief Medical Officer shall have 
the primary responsibility within the Department for medical 
issues related to natural disasters, acts of terrorism, and 
other man-made disasters, including--
          [(1) serving as the principal advisor to the 
        Secretary and the Administrator on medical and public 
        health issues;
          [(2) coordinating the biodefense activities of the 
        Department;
          [(3) ensuring internal and external coordination of 
        all medical preparedness and response activities of the 
        Department, including training, exercises, and 
        equipment support;
          [(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 or agencies, on medical and public health 
        issues;
          [(5) serving as the Department's primary point of 
        contact for State, local, and tribal governments, the 
        medical community, and others within and outside the 
        Department, with respect to medical and public health 
        matters;
          [(6) discharging, in coordination with the Under 
        Secretary for Science and Technology, the 
        responsibilities of the Department related to Project 
        Bioshield; and
          [(7) performing such other duties relating to such 
        responsibilities as the Secretary may require.]

SEC. 516. CHIEF MEDICAL OFFICER.

  (a) In General.--There is in the Department a Chief Medical 
Officer, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and shall have the rank 
and title of Assistant Secretary for Health Affairs and Chief 
Medical Officer (in this section referred to as the ``Chief 
Medical Officer'').
  (b) Office of Health Affairs.--There is in the Department an 
Office of Health Affairs, which shall be headed by the Chief 
Medical Officer.
  (c) Qualifications.--The individual appointed as the Chief 
Medical Officer shall possess a demonstrated ability in and 
knowledge of medicine, public health, and the treatment of 
illnesses caused by chemical, biological, nuclear, and 
radiological agents.
  (d) Responsibilities.--The Chief Medical Officer shall have 
the primary responsibility within the Department for medical 
and health issues related to the general roles, 
responsibilities, and operations of the Department, and 
terrorist attacks, major disasters, and other emergencies, 
including--
          (1) serving as the principal advisor to the Secretary 
        and leading the Department's medical care, public 
        health, food, water, veterinary care, and agro- 
        security and defense responsibilities;
          (2) providing oversight for all medically-related 
        actions and protocols of the Department's medical 
        personnel;
          (3) administering the Department's responsibilities 
        for medical readiness, including--
                  (A) planning and guidance to support 
                improvements in local training, equipment, and 
                exercises funded by the Department; and
                  (B) consistent with the National Response 
                Plan established pursuant to Homeland Security 
                Presidential Directive 8, assisting in 
                fulfilling the Department's roles in related 
                emergency support functions;
          (4) serving as the Department's primary point of 
        contact with the Department of Agriculture, the 
        Department of Defense, the Department of Health and 
        Human Services, the Department of Transportation, the 
        Department of Veterans Affairs, and other Federal 
        departments and agencies, on all matters of medical and 
        public health to ensure coordination consistent with 
        the National Response Plan;
          (5) serving as the Department's primary point of 
        contact for State, local, tribal, and territorial 
        governments, the medical community, and the private 
        sector, to ensure that medical readiness and response 
        activities are coordinated and consistent with the 
        National Response Plan and the Secretary's incident 
        management requirements;
          (6) managing the Department's biodefense and 
        biosurveillance activities including the National 
        Biosurveillance Integration System, and the Departments 
        responsibilities under Project BioShield in 
        coordination with the Under Secretary of Science and 
        Technology as appropriate;
          (7) assuring that the Department's workforce has 
        science-based policy, standards, requirements, and 
        metrics for occupational safety and health;
          (8) supporting the operational requirements of the 
        Department's components with respect to protective 
        medicine and tactical medical support;
          (9) developing, in coordination with appropriate 
        Department entities and other appropriate Federal 
        agencies, end-to-end plans for prevention, readiness, 
        protection, response, and recovery from catastrophic 
        events with human, animal, agricultural, or 
        environmental health consequences;
          (10) integrating into the end-to-end plans developed 
        under paragraph (9), Department of Health and Human 
        Services' efforts to identify and deploy medical assets 
        (including human, fixed, and material assets) used in 
        preparation for or response to national disasters and 
        catastrophes, and to enable access to patient 
        electronic medical records by medical personnel to aid 
        treatment of displaced persons in such circumstance, in 
        order to assure that actions of both Departments are 
        combined for maximum effectiveness during an emergency 
        consistent with the National Response Plan and 
        applicable emergency support functions;
          (11) performing other duties relating to such 
        responsibilities as the Secretary may require; and
          (12) directing and maintaining a coordinated system 
        for medical support of the Department's operational 
        activities.

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SEC. 521. PROCUREMENT OF SECURITY COUNTERMEASURES FOR STRATEGIC 
                    NATIONAL STOCKPILE.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Related Authorizations of Appropriations.--
          (1) Threat assessment capabilities.--For the purpose 
        of carrying out the responsibilities of the Secretary 
        for terror threat assessment under the security 
        countermeasures program, there are authorized to be 
        appropriated such sums as may be necessary for each of 
        the fiscal years 2004 through [2006,] 2009, for the 
        hiring of professional personnel within the Directorate 
        for Information Analysis and Infrastructure Protection, 
        who shall be analysts responsible for chemical, 
        biological, radiological, and nuclear threat assessment 
        (including but not limited to analysis of chemical, 
        biological, radiological, and nuclear agents, the means 
        by which such agents could be weaponized or used in a 
        terrorist attack, and the capabilities, plans, and 
        intentions of terrorists and other non-state actors who 
        may have or acquire such agents). All such analysts 
        shall meet the applicable standards and qualifications 
        for the performance of intelligence activities 
        promulgated by the Director of Central Intelligence 
        pursuant to section 104 of the National Security Act of 
        1947.

           *       *       *       *       *       *       *

          (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. 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.--
                  (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.

           *       *       *       *       *       *       *


                         TITLE VII--MANAGEMENT

SEC. 701. UNDER SECRETARY FOR MANAGEMENT.

  (a) * * *

           *       *       *       *       *       *       *

  (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.
  (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.

SEC. 702. CHIEF FINANCIAL OFFICER.

  (a) * * *

           *       *       *       *       *       *       *

  (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. 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.

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.

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle D--Acquisitions

           *       *       *       *       *       *       *


SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING.

  (a) Provision of Training.--The Chief Procurement Officer 
shall provide homeland security procurement training to 
acquisition employees.
  (b) Responsibilities of Chief Procurement Officer.--The Chief 
Procurement Officer shall carry out the following 
responsibilities:
          (1) Establish objectives to achieve the efficient and 
        effective use of available acquisition resources by 
        coordinating the acquisition education and training 
        programs of the Department and tailoring them to 
        support the careers of acquisition employees.
          (2) Develop, in consultation with the Council on 
        Procurement Training established under subsection (d), 
        the curriculum of the homeland security procurement 
        training to be provided.
          (3) Establish, in consultation with the Council on 
        Procurement Training, training standards, requirements, 
        and courses to be required for acquisition employees.
          (4) Establish an appropriate centralized mechanism to 
        control the allocation of resources for conducting such 
        required courses and other training and education.
          (5) Select course providers and certify courses to 
        ensure that the procurement training curriculum 
        supports a coherent framework for the educational 
        development of acquisition employees, including the 
        provision of basic, intermediate, and advanced courses.
          (6) Publish an annual catalog that includes a list of 
        the acquisition education and training courses.
          (7) Develop a system of maintaining records of 
        student enrollment, and other data related to students 
        and courses conducted pursuant to this section.
  (c) Eligibility for Training.--An acquisition employee of any 
entity under subsection (d)(3) may receive training provided 
under this section. The appropriate member of the Council on 
Procurement Training may direct such an employee to receive 
procurement training.
  (d) Council on Procurement Training.--
          (1) Establishment.--The Secretary shall establish a 
        Council on Procurement Training to advise and make 
        policy and curriculum recommendations to the Chief 
        Procurement Officer.
          (2) Chair of Council.--The chair of the Council on 
        Procurement Training shall be the Deputy Chief 
        Procurement Officer.
          (3) Members.--The members of the Council on 
        Procurement Training are the chief procurement officers 
        of each of the following:
                  (A) United States Customs and Border 
                Protection.
                  (B) The Transportation Security 
                Administration.
                  (C) The Office of Procurement Operations.
                  (D) The Bureau of Immigration and Customs 
                Enforcement.
                  (E) The Federal Emergency Management Agency.
                  (F) The Coast Guard.
                  (G) The Federal Law Enforcement Training 
                Center.
                  (H) The United States Secret Service.
                  (I) Such other entity as the Secretary 
                determines appropriate.
  (e) Acquisition Employee Defined.--For purposes of this 
section, the term ``acquisition employee'' means an employee 
serving under a career or career-conditional appointment in the 
competitive service or appointment of equivalent tenure in the 
excepted service of the Federal Government, at least 50 percent 
of whose assigned duties include acquisitions, procurement-
related program management, or procurement-related oversight 
functions.
  (f) Report Required.--Not later than March 1 of each year, 
the Chief Procurement Officer shall submit to the Secretary a 
report on the procurement training provided under this section, 
which shall include information about student enrollment, 
students who enroll but do not attend courses, graduates, 
certifications, and other relevant information.

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.

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.

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).

                 Subtitle E--Human Resources Management

SEC. 841. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.

  (a) * * *
  (b) Effect on Personnel.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Coordination rule.--Any exercise of authority 
        under chapter 97 of title 5, United States Code (as 
        amended by subsection (a)), including under any system 
        established under such chapter, shall be in conformance 
        with the requirements of this subsection.]

SEC. 842. LABOR-MANAGEMENT RELATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Waiver.--If the President determines that the 
application of subsections (a), (b), and (d) would have a 
substantial adverse impact on the ability of the Department to 
protect homeland security, the President may waive the 
application of such subsections 10 days after the President has 
submitted to Congress a written explanation of the reasons for 
such determination.]

           *       *       *       *       *       *       *

  [(e) Rule of Construction.--Nothing in section 9701(e) of 
title 5, United States Code, shall be considered to apply with 
respect to any agency or subdivision of any agency, which is 
excluded from the coverage of chapter 71 of title 5, United 
States Code, by virtue of an order issued in accordance with 
section 7103(b) of such title and the preceding provisions of 
this section (as applicable), or to any employees of any such 
agency or subdivision or to any individual or entity 
representing any such employees or any representatives 
thereof.]

           *       *       *       *       *       *       *


SEC. 845. HOMELAND SECURITY EDUCATION PROGRAM.

  (a) * * *
  [(b) Leveraging of Existing Resources.--To maximize 
efficiency and effectiveness in carrying out the Program, the 
Administrator shall use existing Department-reviewed Master's 
Degree curricula in homeland security, including curricula 
pending accreditation, together with associated learning 
materials, quality assessment tools, digital libraries, 
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.]
  (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.

           *       *       *       *       *       *       *


Subtitle H--Miscellaneous Provisions

           *       *       *       *       *       *       *


SEC. 875. MISCELLANEOUS AUTHORITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (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. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Responsibilities.--The Secretary shall direct the 
Director of the Office of Counternarcotics Enforcement--
          (1) * * *

           *       *       *       *       *       *       *

          (5) [to be a representative] to be the primary 
        representative of the Department on all task forces, 
        committees, or other entities whose purpose is to 
        coordinate the counternarcotics enforcement activities 
        of the Department and other Federal, State or local 
        agencies.
  (e) Savings Clause.--Nothing in this section shall be 
construed to authorize direct control of the operations 
conducted by [the Directorate of Border and Transportation 
Security] United States Customs and Border Protection, 
Immigration and Customs Enforcement, the Coast Guard, or joint 
terrorism task forces.

           *       *       *       *       *       *       *


SEC. 888. PRESERVING COAST GUARD MISSION PERFORMANCE.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Annual Review.--
          (1) * * *
          (2) Report.--The report under this paragraph shall be 
        submitted to--
                  [(A) the Committee on Governmental Affairs of 
                the Senate;]
                  (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  (B) the Committee on Homeland Security of the 
                House of Representatives;
                  [(B)] (C) the Committee on Government Reform 
                of the House of Representatives;
                  [(C)] (D) the Committees on Appropriations of 
                the Senate and the House of Representatives;
                  [(D)] (E) the Committee on Commerce, Science, 
                and Transportation of the Senate; and
                  [(E)] (F) the Committee on Transportation and 
                Infrastructure of the House of Representatives.

           *       *       *       *       *       *       *


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.

Subtitle I--Information Sharing

           *       *       *       *       *       *       *


[SEC. 895. AUTHORITY TO SHARE GRAND JURY INFORMATION.

  [Rule 6(e) of the Federal Rules of Criminal Procedure is 
amended--
          [(1) in paragraph (2), by inserting ``, or of 
        guidelines jointly issued by the Attorney General and 
        Director of Central Intelligence pursuant to Rule 6,'' 
        after ``Rule 6''; and
          [(2) in paragraph (3)--
                  [(A) in subparagraph (A)(ii), by inserting 
                ``or of a foreign government'' after 
                ``(including personnel of a state or 
                subdivision of a state'';
                  [(B) in subparagraph (C)(i)--
                          [(i) in subclause (I), by inserting 
                        before the semicolon the following: 
                        ``or, upon a request by an attorney for 
                        the government, when sought by a 
                        foreign court or prosecutor for use in 
                        an official criminal investigation'';
                          [(ii) in subclause (IV)--
                                  [(I) by inserting ``or 
                                foreign'' after ``may disclose 
                                a violation of State'';
                                  [(II) by inserting ``or of a 
                                foreign government'' after ``to 
                                an appropriate official of a 
                                State or subdivision of a 
                                State''; and
                                  [(III) by striking ``or'' at 
                                the end;
                          [(iii) by striking the period at the 
                        end of subclause (V) and inserting ``; 
                        or''; and
                          [(iv) by adding at the end the 
                        following:
                          [``(VI) when matters involve a threat 
                        of actual or potential attack or other 
                        grave hostile acts of a foreign power 
                        or an agent of a foreign power, 
                        domestic or international sabotage, 
                        domestic or international terrorism, or 
                        clandestine intelligence gathering 
                        activities by an intelligence service 
                        or network of a foreign power or by an 
                        agent of a foreign power, within the 
                        United States or elsewhere, to any 
                        appropriate federal, state, local, or 
                        foreign government official for the 
                        purpose of preventing or responding to 
                        such a threat.''; and
                  [(C) in subparagraph (C)(iii)--
                          [(i) by striking ``Federal'';
                          [(ii) by inserting ``or clause 
                        (i)(VI)'' after ``clause (i)(V)''; and
                          [(iii) by adding at the end the 
                        following: ``Any state, local, or 
                        foreign official who receives 
                        information pursuant to clause (i)(VI) 
                        shall use that information only 
                        consistent with such guidelines as the 
                        Attorney General and Director of 
                        Central Intelligence shall jointly 
                        issue.''.

[SEC. 896. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION 
                    INFORMATION.

  [Section 2517 of title 18, United States Code, is amended by 
adding at the end the following:
  [``(7) Any investigative or law enforcement officer, or other 
Federal official in carrying out official duties as such 
Federal official, who by any means authorized by this chapter, 
has obtained knowledge of the contents of any wire, oral, or 
electronic communication, or evidence derived therefrom, may 
disclose such contents or derivative evidence to a foreign 
investigative or law enforcement officer to the extent that 
such disclosure is appropriate to the proper performance of the 
official duties of the officer making or receiving the 
disclosure, and foreign investigative or law enforcement 
officers may use or disclose such contents or derivative 
evidence to the extent such use or disclosure is appropriate to 
the proper performance of their official duties.
  [``(8) Any investigative or law enforcement officer, or other 
Federal official in carrying out official duties as such 
Federal official, who by any means authorized by this chapter, 
has obtained knowledge of the contents of any wire, oral, or 
electronic communication, or evidence derived therefrom, may 
disclose such contents or derivative evidence to any 
appropriate Federal, State, local, or foreign government 
official to the extent that such contents or derivative 
evidence reveals a threat of actual or potential attack or 
other grave hostile acts of a foreign power or an agent of a 
foreign power, domestic or international sabotage, domestic or 
international terrorism, or clandestine intelligence gathering 
activities by an intelligence service or network of a foreign 
power or by an agent of a foreign power, within the United 
States or elsewhere, for the purpose of preventing or 
responding to such a threat. Any official who receives 
information pursuant to this provision may use that information 
only as necessary in the conduct of that person's official 
duties subject to any limitations on the unauthorized 
disclosure of such information, and any State, local, or 
foreign official who receives information pursuant to this 
provision may use that information only consistent with such 
guidelines as the Attorney General and Director of Central 
Intelligence shall jointly issue.''.

[SEC. 897. FOREIGN INTELLIGENCE INFORMATION.

  [(a) Dissemination Authorized.--Section 203(d)(1) of the 
Uniting and Strengthening America by Providing Appropriate 
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT 
ACT) Act of 2001 (Public Law 107-56; 50 U.S.C. 403-5d) is 
amended by adding at the end the following: ``Consistent with 
the responsibility of the Director of Central Intelligence to 
protect intelligence sources and methods, and the 
responsibility of the Attorney General to protect sensitive law 
enforcement information, it shall be lawful for information 
revealing a threat of actual or potential attack or other grave 
hostile acts of a foreign power or an agent of a foreign power, 
domestic or international sabotage, domestic or international 
terrorism, or clandestine intelligence gathering activities by 
an intelligence service or network of a foreign power or by an 
agent of a foreign power, within the United States or 
elsewhere, obtained as part of a criminal investigation to be 
disclosed to any appropriate Federal, State, local, or foreign 
government official for the purpose of preventing or responding 
to such a threat. Any official who receives information 
pursuant to this provision may use that information only as 
necessary in the conduct of that person's official duties 
subject to any limitations on the unauthorized disclosure of 
such information, and any State, local, or foreign official who 
receives information pursuant to this provision may use that 
information only consistent with such guidelines as the 
Attorney General and Director of Central Intelligence shall 
jointly issue.''.
  [(b) Conforming Amendments.--Section 203(c) of that Act is 
amended--
          [(1) by striking ``section 2517(6)'' and inserting 
        ``paragraphs (6) and (8) of section 2517 of title 18, 
        United States Code,''; and
          [(2) by inserting ``and (VI)'' after ``Rule 
        6(e)(3)(C)(i)(V)''.

[SEC. 898. INFORMATION ACQUIRED FROM AN ELECTRONIC SURVEILLANCE.

  [Section 106(k)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1806) is amended by inserting after 
``law enforcement officers'' the following: ``or law 
enforcement personnel of a State or political subdivision of a 
State (including the chief executive officer of that State or 
political subdivision who has the authority to appoint or 
direct the chief law enforcement officer of that State or 
political subdivision)''.

[SEC. 899. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.

  [Section 305(k)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1825) is amended by inserting after 
``law enforcement officers'' the following: ``or law 
enforcement personnel of a State or political subdivision of a 
State (including the chief executive officer of that State or 
political subdivision who has the authority to appoint or 
direct the chief law enforcement officer of that State or 
political subdivision)''.]

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
          (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.

           *       *       *       *       *       *       *


          TITLE [XVIII] XIX--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. [1801] 1901. DOMESTIC NUCLEAR DETECTION OFFICE.

  (a) * * *

           *       *       *       *       *       *       *


SEC. [1802] 1902. MISSION OF OFFICE.

  (a) * * *

           *       *       *       *       *       *       *


SEC. [1803] 1903. HIRING AUTHORITY.

  In hiring personnel for the Office, the Secretary shall have 
the hiring and management authorities provided in section 1101 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments 
for employees under subsection (c)(1) of such section may not 
exceed 5 years before granting any extension under subsection 
(c)(2) of such section.

SEC. [1804] 1904. TESTING AUTHORITY.

  (a) In General.--The Director shall coordinate with the 
responsible Federal agency or other entity to facilitate the 
use by the Office, by its contractors, or by other persons or 
entities, of existing Government laboratories, centers, ranges, 
or other testing facilities for the testing of materials, 
equipment, models, computer software, and other items as may be 
related to the missions identified in section [1802] 1902. Any 
such use of Government facilities shall be carried out in 
accordance with all applicable laws, regulations, and 
contractual provisions, including those governing security, 
safety, and environmental protection, including, when 
applicable, the provisions of section 309. The Office may 
direct that private sector entities utilizing Government 
facilities in accordance with this section pay an appropriate 
fee to the agency that owns or operates those facilities to 
defray additional costs to the Government resulting from such 
use.

           *       *       *       *       *       *       *


SEC. [1805] 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL 
                    AGENCIES.

  The authority of the Director under this title shall not 
affect the authorities or responsibilities of any officer of 
the Department or of any officer of any other department or 
agency of the United States with respect to the command, 
control, or direction of the functions, personnel, funds, 
assets, and liabilities of any entity within the Department or 
any Federal department or agency.

SEC. [1806] 1906. CONTRACTING AND GRANT MAKING AUTHORITIES.

  The Secretary, acting through the Director for Domestic 
Nuclear Detection, in carrying out the responsibilities under 
paragraphs (6) and (7) of section [1802(a)] 1902(a), shall--
          (1) operate extramural and intramural programs and 
        distribute funds through grants, cooperative 
        agreements, and other transactions and contracts;
          (2) ensure that activities under paragraphs (6) and 
        (7) of section [1802(a)] 1902(a) include investigations 
        of radiation detection equipment in configurations 
        suitable for deployment at seaports, which may include 
        underwater or water surface detection equipment and 
        detection equipment that can be mounted on cranes and 
        straddle cars used to move shipping containers; and

           *       *       *       *       *       *       *

                              ----------                              -


  2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND 
           RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2002, and for other purposes, namely:

TITLE I--SUPPLEMENTAL APPROPRIATIONS

           *       *       *       *       *       *       *


                               CHAPTER 12

DEPARTMENT OF THE TREASURY

           *       *       *       *       *       *       *


GENERAL PROVISIONS--THIS CHAPTER

           *       *       *       *       *       *       *


  Sec. 1202. (a) The Federal Law Enforcement Training Center 
may, for a period ending not later than December 31, [2007] 
2008, appoint and maintain a cadre of up to 350 Federal 
annuitants: (1) without regard to any provision of title 5, 
United States Code, which might otherwise require the 
application of competitive hiring procedures; and (2) who shall 
not be subject to any reduction in pay (for annuity allocable 
to the period of actual employment) under the provisions of 
section 8344 or 8468 of such title 5 or similar provision of 
any other retirement system for employees. A reemployed Federal 
annuitant as to whom a waiver of reduction under paragraph (2) 
applies shall not, for any period during which such waiver is 
in effect, be considered an employee for purposes of subchapter 
III of chapter 83 or chapter 84 of title 5, United States Code, 
or such other retirement system (referred to in paragraph (2)) 
as may apply.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
                          PART III--EMPLOYEES

Chapter                                                             Sec.

                      SUBPART A--GENERAL PROVISIONS

      Definitions...................................................2101
     * * * * * * *

                        SUBPART I--MISCELLANEOUS

     * * * * * * *
9701]epartment of Homeland Security...................................

           *       *       *       *       *       *       *


SUBPART I--Miscellaneous

           *       *       *       *       *       *       *


              [CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY

[Sec. 9701. Establishment of human resources management system

  [(a) In General.--Notwithstanding any other provision of this 
part, the Secretary of Homeland Security may, in regulations 
prescribed jointly with the Director of the Office of Personnel 
Management, establish, and from time to time adjust, a human 
resources management system for some or all of the 
organizational units of the Department of Homeland Security.
  [(b) System Requirements.--Any system established under 
subsection (a) shall--
          [(1) be flexible;
          [(2) be contemporary;
          [(3) not waive, modify, or otherwise affect--
                  [(A) the public employment principles of 
                merit and fitness set forth in section 2301, 
                including the principles of hiring based on 
                merit, fair treatment without regard to 
                political affiliation or other nonmerit 
                considerations, equal pay for equal work, and 
                protection of employees against reprisal for 
                whistleblowing;
                  [(B) any provision of section 2302, relating 
                to prohibited personnel practices;
                  [(C)(i) any provision of law referred to in 
                section 2302(b)(1), (8), and (9); or
                  [(ii) any provision of law implementing any 
                provision of law referred to in section 
                2302(b)(1), (8), and (9) by--
                          [(I) providing for equal employment 
                        opportunity through affirmative action; 
                        or
                          [(II) providing any right or remedy 
                        available to any employee or applicant 
                        for employment in the civil service;
                  [(D) any other provision of this part (as 
                described in subsection (c)); or
                  [(E) any rule or regulation prescribed under 
                any provision of law referred to in any of the 
                preceding subparagraphs of this paragraph;
          [(4) ensure that employees may organize, bargain 
        collectively, and participate through labor 
        organizations of their own choosing in decisions which 
        affect them, subject to any exclusion from coverage or 
        limitation on negotiability established by law; and
          [(5) permit the use of a category rating system for 
        evaluating applicants for positions in the competitive 
        service.
  [(c) Other Nonwaivable Provisions.--The other provisions of 
this part as referred to in subsection (b)(3)(D), are (to the 
extent not otherwise specified in subparagraph (A), (B), (C), 
or (D) of subsection (b)(3))--
          [(1) subparts A, B, E, G, and H of this part; and
          [(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, 
        and this chapter.
  [(d) Limitations Relating to Pay.--Nothing in this section 
shall constitute authority--
          [(1) to modify the pay of any employee who serves 
        in--
                  [(A) an Executive Schedule position under 
                subchapter II of chapter 53 of title 5, United 
                States Code; or
                  [(B) a position for which the rate of basic 
                pay is fixed in statute by reference to a 
                section or level under subchapter II of chapter 
                53 of such title 5;
          [(2) to fix pay for any employee or position at an 
        annual rate greater than the maximum amount of cash 
        compensation allowable under section 5307 of such title 
        5 in a year; or
          [(3) to exempt any employee from the application of 
        such section 5307.
  [(e) Provisions To Ensure Collaboration With Employee 
Representatives.--
          [(1) In general.--In order to ensure that the 
        authority of this section is exercised in collaboration 
        with, and in a manner that ensures the participation of 
        employee representatives in the planning, development, 
        and implementation of any human resources management 
        system or adjustments to such system under this 
        section, the Secretary of Homeland Security and the 
        Director of the Office of Personnel Management shall 
        provide for the following:
                  [(A) Notice of proposal.--The Secretary and 
                the Director shall, with respect to any 
                proposed system or adjustment--
                          [(i) provide to each employee 
                        representative representing any 
                        employees who might be affected, a 
                        written description of the proposed 
                        system or adjustment (including the 
                        reasons why it is considered 
                        necessary);
                          [(ii) give each representative 30 
                        calendar days (unless extraordinary 
                        circumstances require earlier action) 
                        to review and make recommendations with 
                        respect to the proposal; and
                          [(iii) give any recommendations 
                        received from any such representatives 
                        under clause (ii) full and fair 
                        consideration in deciding whether or 
                        how to proceed with the proposal.
                  [(B) Pre-implementation congressional 
                notification, consultation, and mediation.--
                Following receipt of recommendations, if any, 
                from employee representatives with respect to a 
                proposal described in subparagraph (A), the 
                Secretary and the Director shall accept such 
                modifications to the proposal in response to 
                the recommendations as they determine advisable 
                and shall, with respect to any parts of the 
                proposal as to which they have not accepted the 
                recommendations--
                          [(i) notify Congress of those parts 
                        of the proposal, together with the 
                        recommendations of employee 
                        representatives;
                          [(ii) meet and confer for not less 
                        than 30 calendar days with any 
                        representatives who have made 
                        recommendations, in order to attempt to 
                        reach agreement on whether or how to 
                        proceed with those parts of the 
                        proposal; and
                          [(iii) at the Secretary's option, or 
                        if requested by a majority of the 
                        employee representatives who have made 
                        recommendations, use the services of 
                        the Federal Mediation and Conciliation 
                        Service during such meet and confer 
                        period to facilitate the process of 
                        attempting to reach agreement.
                  [(C) Implementation.--
                          [(i) Any part of the proposal as to 
                        which the representatives do not make a 
                        recommendation, or as to which their 
                        recommendations are accepted by the 
                        Secretary and the Director, may be 
                        implemented immediately.
                          [(ii) With respect to any parts of 
                        the proposal as to which 
                        recommendations have been made but not 
                        accepted by the Secretary and the 
                        Director, at any time after 30 calendar 
                        days have elapsed since the initiation 
                        of the congressional notification, 
                        consultation, and mediation procedures 
                        set forth in subparagraph (B), if the 
                        Secretary determines, in the 
                        Secretary's sole and unreviewable 
                        discretion, that further consultation 
                        and mediation is unlikely to produce 
                        agreement, the Secretary may implement 
                        any or all of such parts, including any 
                        modifications made in response to the 
                        recommendations as the Secretary 
                        determines advisable.
                          [(iii) The Secretary shall promptly 
                        notify Congress of the implementation 
                        of any part of the proposal and shall 
                        furnish with such notice an explanation 
                        of the proposal, any changes made to 
                        the proposal as a result of 
                        recommendations from employee 
                        representatives, and of the reasons why 
                        implementation is appropriate under 
                        this subparagraph.
                  [(D) Continuing collaboration.--If a proposal 
                described in subparagraph (A) is implemented, 
                the Secretary and the Director shall--
                          [(i) develop a method for each 
                        employee representative to participate 
                        in any further planning or development 
                        which might become necessary; and
                          [(ii) give each employee 
                        representative adequate access to 
                        information to make that participation 
                        productive.
          [(2) Procedures.--Any procedures necessary to carry 
        out this subsection shall be established by the 
        Secretary and the Director jointly as internal rules of 
        departmental procedure which shall not be subject to 
        review. Such procedures shall include measures to 
        ensure--
                  [(A) in the case of employees within a unit 
                with respect to which a labor organization is 
                accorded exclusive recognition, representation 
                by individuals designated or from among 
                individuals nominated by such organization;
                  [(B) in the case of any employees who are not 
                within such a unit, representation by any 
                appropriate organization which represents a 
                substantial percentage of those employees or, 
                if none, in such other manner as may be 
                appropriate, consistent with the purposes of 
                the subsection;
                  [(C) the fair and expeditious handling of the 
                consultation and mediation process described in 
                subparagraph (B) of paragraph (1), including 
                procedures by which, if the number of employee 
                representatives providing recommendations 
                exceeds 5, such representatives select a 
                committee or other unified representative with 
                which the Secretary and Director may meet and 
                confer; and
                  [(D) the selection of representatives in a 
                manner consistent with the relative number of 
                employees represented by the organizations or 
                other representatives involved.
  [(f) Provisions Relating to Appellate Procedures.--
          [(1) Sense of Congress.--It is the sense of Congress 
        that--
                  [(A) employees of the Department are entitled 
                to fair treatment in any appeals that they 
                bring in decisions relating to their 
                employment; and
                  [(B) in prescribing regulations for any such 
                appeals procedures, the Secretary and the 
                Director of the Office of Personnel 
                Management--
                          [(i) should ensure that employees of 
                        the Department are afforded the 
                        protections of due process; and
                          [(ii) toward that end, should be 
                        required to consult with the Merit 
                        Systems Protection Board before issuing 
                        any such regulations.
          [(2) Requirements.--Any regulations under this 
        section which relate to any matters within the purview 
        of chapter 77--
                  [(A) shall be issued only after consultation 
                with the Merit Systems Protection Board;
                  [(B) shall ensure the availability of 
                procedures which shall--
                          [(i) be consistent with requirements 
                        of due process; and
                          [(ii) provide, to the maximum extent 
                        practicable, for the expeditious 
                        handling of any matters involving the 
                        Department; and
                  [(C) shall modify procedures under chapter 77 
                only insofar as such modifications are designed 
                to further the fair, efficient, and expeditious 
                resolution of matters involving the employees 
                of the Department.
  [(g) Provisions Relating to Labor-Management Relations.--
Nothing in this section shall be construed as conferring 
authority on the Secretary of Homeland Security to modify any 
of the provisions of section 842 of the Homeland Security Act 
of 2002.
  [(h) Sunset Provision.--Effective 5 years after the 
conclusion of the transition period defined under section 1501 
of the Homeland Security Act of 2002, all authority to issue 
regulations under this section (including regulations which 
would modify, supersede, or terminate any regulations 
previously issued under this section) shall cease to be 
available.]

           *       *       *       *       *       *       *

                              ----------                              


            SECTION 319F-2 OF THE PUBLIC HEALTH SERVICE ACT

SEC. 319F-2. STRATEGIC NATIONAL STOCKPILE AND SECURITY COUNTERMEASURE 
                    PROCUREMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Additional Authority Regarding Procurement of Certain 
Countermeasures; Availability of Special Reserve Fund.--
          (1) * * *
          (2) Determination of material threats.--
                  [(A) Material threat.--The Homeland Security 
                Secretary]
                  (A) Material threat.--
                          (i) In general.--The Secretary of 
                        Homeland Security, in consultation with 
                        the Secretary and the heads of other 
                        agencies as appropriate, shall on an 
                        ongoing basis--
                                  [(i)] (I) assess current and 
                                emerging threats of chemical, 
                                biological, radiological, and 
                                nuclear agents; and
                                  [(ii)] (II) determine which 
                                of such agents present a 
                                material threat against the 
                                United States population 
                                sufficient to affect national 
                                security.
                          (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.

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 635 OF THE POST-KATRINA MANAGEMENT REFORM ACT OF 2006

[SEC. 635. METROPOLITAN MEDICAL RESPONSE GRANT PROGRAM.

  [(a) In General.--There is a Metropolitan Medical Response 
Program.
  [(b) Purposes.--The program shall include each purpose of the 
program as it existed on June 1, 2006.
  [(c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the program for fiscal year 2008, 
an amount equal to the amount appropriated for the program for 
fiscal year 2007 and an additional $30,000,000.]



                             MINORITY VIEWS

    The Republican Members of the Committee are pleased the 
Committee has once again passed an annual authorization bill 
for the Department of Homeland Security for Fiscal Year 2008. 
While more narrow in scope than prior bills, H.R. 1684 
continues the Committee's efforts to implement effective 
homeland security policy and provide needed direction and 
funding levels to the Department as it continues to develop 
nascent capabilities.

                              INTRODUCTION

    H.R. 1684, like previous DHS authorization bills, 
represents a largely bipartisan effort. The base bill 
considered by the Committee includes numerous sections 
identical or similar to provisions included in the Department 
of Homeland Security Authorization Act for Fiscal Year 2007, 
H.R. 5814, and other bills considered by the Committee last 
Congress.
    During consideration of H.R. 1684, a number of Republican 
amendments were added to the bill to strengthen and improve the 
legislation. Republican Member contributions include provisions 
aimed at improving employee morale, providing more efficient 
and effective training, increasing flexibility for the 
Department regarding hiring of employees, and providing more 
effective control over the Nation's borders. Unfortunately, 
several other provisions were included in the bill over the 
objection of Republican Members that reflect unfortunate policy 
choices. These provisions include the Majority's revocation of 
human capital management flexibilities essential to the 
security mission of the Department. In other instances, the 
Majority rejected common sense amendments offered by Republican 
Members that would have provided needed tools to the Department 
to improve homeland security. Most notably, the Majority 
rejected an amendment authorizing the use of the automated 
targeting system as a tool for effectively identifying 
terrorist threats. We believe these shortcomings must be 
addressed as the bill moves through the legislative process.

                        REPUBLICAN IMPROVEMENTS

    During consideration of H.R. 1684, Republican Members made 
substantial contributions to the bill. Notably, the Committee 
agreed to an amendment creating a program to make grants 
available to the States to be used to develop secure documents 
and prevent terrorists and other individuals from fraudulently 
obtaining State-issued identification cards, and an amendment 
offered by Representative Peter King strengthening the use of 
the Student and Exchange Visitor Information System. The bill 
also includes provisions suggested by Representative Ginny 
Brown-Waite which require high risk critical infrastructure 
owners to screen their employees against immigration and 
terrorist watch lists. The Committee believes these provisions 
will help encourage the presence of legal visitors and curb the 
ongoing abuse of our laws perpetrated by individuals using 
fraudulent documents.
    The Committee also adopted provisions seeking to improve 
hiring and training practices at the Department. Representative 
David Reichert led the effort to provide the Department with 
the authority to appoint and maintain a cadre of Federal 
annuitants for the office of Information Analysis to help the 
Department compete for intelligence analysts with other more 
established intelligence agencies. The bill also includes an 
amendment offered by Representative Mike Rogers of Alabama 
authorizing the Department to use non-law enforcement officers 
as instructors for non-law enforcement classes at the Border 
Patrol Training academy. This change will enable the Department 
to leverage available expertise to provide more efficient 
training of CBP agents, and allow sworn Border Patrol agents to 
focus on securing the border rather than being taken away from 
this priority mission to teach non-law enforcement classes. The 
Republican Members of the Committee believe that providing the 
Department these needed flexibilities in its hiring and 
training practices will increase the efficiency and 
effectiveness of the Department.
    Numerous other Republican amendments were also agreed to 
during consideration of the bill, including an amendment by 
Representative Kevin McCarthy to prohibit the award of 
contracts to educational institutions that refuse to support 
the Coast Guard's efforts to carry out its homeland security 
mission; an amendment by Representative Michael McCaul to 
establish a National Bio and Agro-Defense Facility; an 
amendment by Representative Mike Rogers of Alabama to 
strengthen the line authority for legislative affairs within 
the Department of Homeland Security; an amendment by 
Representative Bobby Jindal to request a report on the 
vulnerability of the Nation's levees to terrorist attack; an 
amendment by Representative Gus Bilirakis to increase the use 
of mobile biometric identification for unauthorized aliens; an 
amendment by Representative Dan Lungren to request a report on 
the implementation of a force multiplier program for Federal 
Air Marshals; an amendment by Representative Charles Dent to 
authorize the Homeland Security functions of the United States 
Secret Service; and amendments offered by Representative Mark 
Souder to require a specific budget line for the office of 
counternarcotics and to designate that office as the primary 
Departmental counternarcotics enforcement representative and a 
provision strengthening the federal criminal law regarding 
maritime human smuggling. Further explanation and discussion of 
other key provisions adopted by the Committee is included 
below.
Sense of Congress
    At the request of Republican Members, the Committee agreed 
to include Section 305, a Sense of Congress expressing support 
for jurisdictional reorganization of the House and Senate to 
more effectively address the issue of homeland security. While 
this was a positive development, Republican Members remain 
disappointed that more has not been done by the Majority in the 
110th Congress to fully implement this key 9/11 Commission 
recommendation. Jurisdiction over the Department remains 
fragmented, and the authority of the Committee on Homeland 
Security in the House of Representatives and the Homeland 
Security and Government Affairs Committee in the Senate are not 
comprehensive enough to achieve the policy goals of the 9/11 
Commission's recommendation. Further changes to House and 
Senate rules to streamline and create efficiency in the 
oversight and authorization of the Department are necessary. 
Far too many committees of Congress still exercise control and 
oversight authority over the Department and its various 
terrorism-related mission areas. This creates an undue burden 
on a Department, when what is needed is the sort of focused 
attention, consistent guidance, and swift legislative responses 
to emerging threats that a single authorizing committee would 
provide. Modest changes to House and Senate rules would resolve 
the lingering overlaps in jurisdiction. These simple changes 
could have been made in the House on the opening day of 
Congress during consideration of the rules package, but 
unfortunately the newly-elected Majority failed to act. Despite 
promises to implement all the 9/11 Commission recommendations, 
the Majority party has continued to let committee turf battles 
and power struggles among chairmen get in the way of securing 
our Nation.
US-VISIT
    The Republican Members of the Committee also support the 
inclusion of Section 901 in the bill to require the Department 
of Homeland Security to implement a biometric exit system at 
United States international airports by December 31, 2008, and 
to provide the Committee with a strategic plan for US-VISIT.
    The Department's decision to move US-VISIT to the National 
Protection and Programs Directorate (NPPD) and to describe the 
program as an ``identity management'' system has raised 
questions regarding the Department's expectation for deploying 
the exit functions of US-VISIT. The Committee expects the 
Department to complete both the biometric entry and exit 
functions of US-VISIT, as mandated by law. This section directs 
the Department to continue working toward deploying exit 
capabilities at all ports of entry before altering the course 
of the system. Completing the exit portion of US-VISIT would 
allow the Department to address the issue of visa overstays and 
meet an important recommendation of the 9/11 Commission. The 
Committee believes it is important to national security that 
the Department remains committed to fulfilling the intended 
vision for US-VISIT.
    The Republican Members of the Committee are concerned about 
the addition of an amendment to prohibit the transfer of the 
US-VISIT program into the NPPD until a plan is produced to 
fully implement the exit system at all ports of entry. While we 
support the goals of this amendment and believe a fully 
functioning entry and exit system is essential for border 
security, events appear to have overtaken the issue. The US-
VISIT program was transferred into the NPPD on March 31, 2007, 
and we are concerned that this amendment, should it remain in 
the bill and be signed into law, would force the Department to 
rearrange the office again, causing significant costs and 
delays in the program.
Shadow Wolves program
    We support the inclusion of Section 902 to authorize $4.1 
million for the Shadow Wolves program for fiscal year 2008. 
This unique tracking unit conducts border security 
investigations and patrols along the sovereign Tohono O'odham 
Nation land. Republican Members support additional funding for 
this unit and efforts to expand the program to provide similar 
expertise and personnel on other tribal lands on or near the 
international land borders.
Biometric identification of unauthorized aliens
    We are pleased that an amendment, offered by Representative 
Gus Bilirakis, requiring the Secretary of Homeland Security to 
conduct a pilot program for mobile biometric identification of 
apprehended aliens in the maritime environment and to consider 
expanding the capability to all appropriate DHS maritime 
vessels was accepted unanimously by the Committee and included 
as Section 906. The amendment includes a $10 million 
authorization for the program. The provision is intended to 
authorize a pilot, which began in November 2006 by the Coast 
Guard, and provide authorized funding to deal with technology 
hurdles encountered during the pilot, such as data 
synchronization and enhanced communications capabilities that 
can overcome radio frequency interference.
    The Department of Homeland Security estimates that 10,000 
unknown migrants attempt to cross from the Dominican Republic 
to Puerto Rico via the Mona Pass in small boats every year. 
Almost 50 percent of maritime migrant apprehensions occur in 
this area. The Mona Pass is also an attractive vector through 
which other migrant nationalities, such as Cubans and Haitians 
may attempt to enter the United States illegally.
    Current procedure calls for repatriating interdicted 
migrants. Because we lack the capability to verify the identity 
of apprehended migrants, previous immigration violators, 
criminals, and possible terrorists remain undetected and are 
simply repatriated without consequence. Since starting the 
pilot, the Coast Guard has interdicted more than 21 vessels 
containing almost 600 undocumented aliens. Approximately 22 
percent of those interdicted were enrolled in US-VISIT as prior 
felons or immigration violators.
    Having a mobile biometric solution will enhance national 
maritime security by screening interdicted aliens and smugglers 
against US-VISIT biometric watch lists to identify violators, 
criminals, previous deportees, and possible terrorists, 
followed by appropriate law enforcement action. Additionally, 
interdicted migrants will be enrolled in the US-VISIT 
recidivist database to alert the Coast Guard's subsequent 
mission or repeat offenders.
Eligible uses for interoperability grants
    The Republican Members of the Committee are pleased the 
Committee included section 1101, an important provision 
intended to ensure the Public Safety Interoperable 
Communications grant program will permit the use of funds to 
support not only the purchase of new equipment, but also 
governance, standard operating procedures, training and 
exercises, and usage. This new grant program will be 
administered jointly by the Department of Homeland Security 
Office of Grants and the National Telecommunications and 
Information Administration within the Department of Commerce. 
The program will disburse $1 billion in funds to help State and 
local first responders achieve interoperable communications.
    In response to testimony during a hearing held by the 
Subcommittee on Emergency Communications, Preparedness, and 
Response, as well as through meetings with Departmental 
officials, we became concerned that the guidance accompanying 
this grant program will be inflexible and only permit the use 
of grant funds to support equipment purchases and limited 
planning efforts. This would be contrary to the Federal 
standard for interoperability--the SAFECOM interoperability 
continuum--which applies to all other Federal grant programs.
    The SAFECOM continuum consists of five areas: governance, 
standard operating procedures, technology, training and 
exercises, and usage. All five areas of the continuum are 
integral to the achievement of interoperable communications, as 
supported by two recent reports issued by the Department of 
Homeland Security. Both the National Interoperability Baseline 
Survey, released in December 2006, and the Tactical 
Interoperable Communications Program scorecards, released in 
January 2007, indicated that governance and standard operating 
procedures are the greatest challenges regarding achievement of 
multi-jurisdictional interoperability. Therefore, this section 
will ensure continuity in the interoperable communications 
grant guidance provided to States and localities. More 
importantly, this provision will also help ensure that $1 
billion in Public Safety Interoperable Communications funds are 
not wasted.
Critical infrastructure study
    Section 1103, offered by Representative David Reichert, 
authorizes an important study on creating further incentives 
for the private sector to share critical infrastructure 
information. It is well known that the private sector owns 
approximately 85 percent of America's critical infrastructure. 
But because these assets are privately held, many industries 
fear public disclosure of their commercial secrets or 
vulnerabilities. This study would look at incentives that would 
encourage the private sector to share its information. The 
study would specifically look at using tax policy to help 
accomplish this, but would also look at other means.
Computer capabilities to support real-time incident management
    Section 1106, suggested to the Committee by Representative 
Bobby Jindal, directs the Secretary of Homeland Security to 
encourage the development and use of software or Internet-based 
computer capabilities to enable Federal, State, local, and 
tribal agencies to manage the response to terrorist attacks or 
natural disasters in real-time. The Republican Members of the 
Committee believe these computer-based capabilities should be 
based on technology designed to ensure that first responder 
incident management systems will be compatible with other 
incident management systems and able to share information 
easily. Real-time incident management will provide first 
responders with better and more accurate information to manage 
response and recovery efforts. As witnessed after Hurricane 
Katrina, situational awareness, including geographic 
information system data and the location and tracking of 
people, vehicles, commodities, evacuation centers, and 
shelters, is critical to an effective response. Real-time 
computer-based incident management will help ensure that 
victims of future disasters receive the food and medical 
attention they require and that public infrastructure is 
restored or repaired as quickly as possible.
Expenditure reports as a condition of homeland security grants
    The Republican Members of the Committee are pleased the 
Committee adopted section 1107, offered by Representative 
Christopher Shays, requiring a recipient of a grant 
administered by the Secretary of Homeland Security to submit 
expenditure reports to the Secretary no later than 30 days 
after the last day of the fiscal quarter. Within 30 days of 
receiving these reports, the Secretary is required to post this 
information on the internet, taking actions to avoid the 
disclosure of sensitive information.
    Republican Committee Members are concerned about reports of 
questionable or improper spending of homeland security grants. 
This section seeks to add greater transparency to the grants 
process and allow taxpayers to see what their tax dollars are 
being spent on.
Metropolitan Medical Response System
    Section 1112 authorizes funding for the Metropolitan 
Medical Response System (MMRS), a program designed to 
strengthen and enhance the nation's ability to respond to the 
medical consequences of a terrorist attack or other disaster 
with mass casualties. Specifically, this section would ensure 
that MMRS receives sufficient funding and proper program 
oversight. The Republican Members of the Committee are pleased 
that this section directs the Office of Health Affairs to 
conduct a program review to ensure that all 125 MMRS 
jurisdictions meet the strategic goals, objectives, and 
operational capabilities which the program was designed to 
develop and support. Through such a review, the Office of 
Health Affairs will be able to discern and distribute best 
practices to strengthen the MMRS program. Additionally, the 
program review will help address challenges jurisdictions may 
face in coordinating with public health, public safety, and 
other stakeholder groups to achieve appropriate integration and 
improve the jurisdiction's response capability.
Data sharing
    The Republican Members of the Committee are pleased the 
Committee adopted section 1122, a provision offered as an 
amendment to the bill by Representative Ginny Brown-Waite that 
requires the Secretary of Homeland Security to share 
information on disaster assistance requested or provided in 
response to an act of terrorism, natural disaster, or other 
emergency to Federal, State, and local law enforcement entities 
to assist in the location of a missing child or a sex offender. 
The provision also requires the Secretary to consider the 
privacy implications of sharing this information.
    After Hurricane Katrina, law enforcement entities had 
difficulty locating some of the approximately 2000 registered 
sex offenders that were evacuated as a result of the storm. At 
the time, the Department of Health and Human Services' 
Administration for Children and Families estimated that 
registered sex offenders evacuated to about 30 states. In many 
cases law enforcement agencies were unable to locate these 
offenders and FEMA was unable to provide information about 
assistance that had been provided. This section will ensure 
that the Secretary of Homeland Security has the authority to 
share this information with law enforcement entities.
Task force to reform Border Patrol policies
    Representative Michael McCaul offered an amendment that 
would establish a task force to examine the Border Patrol's 
policies regarding the use of deadly force and use of high 
speed pursuit. The participants in the task force would include 
the current and former Border Patrol agents, the Border Patrol 
union, local law enforcement, and human rights groups. The 
study would address the question of whether current United 
States Border Patrol policies adequately addresses the increase 
in violent encounters against Border Patrol agents, including 
shootings, rockings, and physical and vehicle assaults, that 
have accompanied a corresponding enhancement in border 
security.
    Although Representative McCaul's amendment was rejected, 
the Majority agreed to include many of its provisions in an 
amendment offered by Representative Jackson-Lee of Texas. Ms. 
Jackson Lee's amendment requires the General Accountability 
Office to conduct a study on the Border Patrol's use of deadly 
force after consulting with the stakeholders proposed in 
Representative McCaul's original amendment.
Authorization of homeland security functions of the United States 
        Secret Service
    The Republican Members of the Committee are pleased that 
section 1121 was included in the bill. This section, offered by 
Representative Charles Dent, represents the first comprehensive 
authorization of specific funding levels of the United States 
Secret Service in its existence of over 140 years, and ensures 
its continued capability to conduct both its homeland security 
and non-homeland security missions.
    While the provision is a positive first step, Republican 
Members of the Committee are disappointed the Majority failed 
to agree to language that specified a cap of not more than 
$1,105,648,000 for protection, administration, and training, 
despite negotiated assurances to include such provisions in 
report language. The Secret Service must have adequate 
resources to conduct more than just its protection missions. 
The Secret Service's field and investigations operations 
protect the Nation's monetary system, investigate certain cyber 
crimes and frauds, and help to prevent identity theft. Since 
Fiscal Year 2002, the number of counterfeit notes passed has 
increased by 44 percent.
    The Republican Members of the Committee are also concerned 
that the President's budget included a 12 percent shift (226 
FTE) in personnel resources from field investigations to 
protection operations. While we recognize this does not 
represent a physical shift in agent locations, such a reduction 
in field investigations would seem to imply a shift in agent 
focus. As a result, the Republican Members of the Committee 
recommend the Service be provided an additional 122 agents to 
be used primarily in field and investigations operations, as 
they become available. The additional billets will also further 
decrease the average monthly overtime for a special agent, 
closing the gap between the current average of 58 hours per 
month to a target of 40 hours per month.

                          MISSED OPPORTUNITIES

    While the Republican members are pleased with the adoption 
of Republican-authored provisions and amendments, and the 
resulting bipartisan bill, we are disappointed by missed 
opportunities to make a good bill even better. A number of 
Republican amendments were rejected by the Majority during the 
drafting and markup of the bill that would have further 
improved and strengthened the legislation. Of particular note, 
the Committee missed an opportunity to implement a key 
recommendation of the 9/11 Commission by authorizing the 
Automated Targeting System for passengers entering the United 
States. An amendment offered by Representative Dent would have 
fulfilled this vital recommendation. Another amendment offered 
by Representative Dent would have further strengthened 
terrorist targeting systems by requiring a covered 
transportation carrier to forward advance passenger information 
to United States Customs and Border Protection prior to the 
passengers' arrival in the United States. In other cases, the 
Majority missed opportunities to remove unsound policy 
provisions from the legislation, most notably the revocation of 
important human capital management flexibilities essential to 
the effective operation of DHS security missions. Further 
discussion of these provisions and other important security 
amendments rejected by the Majority is included below.
Repeal of chapter 97 of title 5, United States Code
    Section 512 of the amended bill, which repeals chapter 97 
or title 5 United States Code, represents a dangerous 
infringement on the ability of the Secretary of Homeland 
Security to manage the workforce of the Cabinet Department 
responsible for preventing, preparing for, and responding to 
terrorist attacks, major disasters, and other emergencies faced 
by our Nation. This provision is premature and unnecessary at a 
time when the Department is in the process of implementing a 
new personnel system based on management principles in use by 
other Federal agencies, and with flexibilities authorized by 
the Homeland Security Act of 2002.
    Section 841 of the Homeland Security Act of 2002 authorized 
the Secretary of Homeland Security to establish a modern and 
efficient human resources management system for the Department 
of Homeland Security. Congress intended that the system include 
the flexibilities necessary for the Secretary to be able to 
take necessary actions and respond expeditiously to protect our 
Nation from terrorist attacks. We believe it remains critical 
that the Secretary have the tools he or she needs to manage the 
Department's workforce to fulfill the overarching mission of 
protecting our homeland.
    The Department issued final regulations for its new, 
mission-centered, performance focused, flexible and 
contemporary human resources management system--known as 
MaxHR--on February 1, 2005. This system was designed to (1) 
implement a new performance management system to promote and 
sustain a high-performance culture and ensure good 
communication between supervisors and employees; (2) allow for 
flexibilities in pay to ensure the Department could continue to 
attract and retain a qualified workforce; (3) adjust the 
classification system to make it more contemporary; (4) create 
a more effective system for addressing discipline issues; (5) 
lay out new procedures governing labor-management relations and 
collective bargaining within the Department; and (6) establish 
a streamlined appeals process.
    After protracted litigation over the Department's proposed 
new personnel system, the Federal courts enjoined the Labor 
Relations subpart. Shortly thereafter, the Department announced 
that in lieu of MaxHR, it was moving forward to implement the 
remaining personnel initiatives not enjoined by the courts, 
such as pay for performance, in a new program referred to as 
the Human Capital Operational Plan (HCOP). HCOP includes broad 
human resources initiatives consistent with Title 5 of the 
United States Code and found in existing Government-wide human 
resources management regulations. In addition, the Department 
intends to continue the roll-out of sound initiatives 
authorized by the Homeland Security Act of 2002. It is the 
intent of the Department to have in place a human resources 
management system that includes traditional programs such as 
training and education, hiring initiatives that reach out to a 
diverse candidate pool, timely processing of human resources 
actions, as well as some of the flexibilities envisioned in the 
Homeland Security Act of 2002.
    As reflected in the HCOP, it is imperative for the ultimate 
success of the Department that it have the authority to move 
forward with initiatives to improve hiring practices and 
provide learning and development programs to ensure the 
Department's workforce has the skills necessary to meet the 
mission. In the 2006 Federal Human Capital Survey issued by the 
Office of Personnel Management earlier this year, Department 
employees declared that they do not feel that the Department's 
performance management system is responsive and that managers 
are not adequately skilled to implement it. The Department 
began to implement the new performance management program in 
fiscal year 2006, and the program now covers all employees in 
the Department's Headquarters as well as supervisors and 
managers across most components. This program will address many 
of the weaknesses employees raised in the Federal Human Capital 
Survey. Extensive performance leadership training has been, and 
continues to be offered to all covered managers and 
supervisors, and the training is receiving positive feedback. 
It would be a disservice to employees not to complete what the 
Department has begun in changing previous practices in this 
area, as would be required under this section.
    The Department reports that efforts to improve the 
organizational focus on performance management and 
accountability are already showing progress--including clearer 
goals and expectations, and improved organizational planning. 
The Department is moving forward at a pace that ensures 
managers are trained and labor unions are consulted. The 
Department also has implemented reforms in a measured way, 
resulting in criticism by some that the Department has moved 
too slowly. The Department contends that is has not been slow, 
but has invested a great deal of time with employees, 
employees' representatives, and managers throughout the 
organization in the design of these programs. The Department is 
now involved in the training and education of the new programs, 
and has reached out to employee representatives to include them 
in the implementation of the initiatives for represented 
employees.
    In providing flexibilities to change how employees are paid 
in the Department, the Congress envisioned giving the 
Department all the tools it needs to make sure that the 
Department can continue to attract and retain the very best 
workforce. Congress also intended for the Department to be 
cautious in its implementation to avoid unintended 
consequences. As appropriate, the Department has moved slowly 
in this area. The Department will be testing the implementation 
with a small number of employees in the Department to ensure 
that the implementation is successful and that it yields the 
expected outcome.
    We believe that HCOP initiatives place the appropriate 
emphasis in the training and development of the Department's 
workforce; hiring initiatives to increase diversity and ensure 
the right talent is put in place; a performance management 
system that requires managers be trained and to communicate 
with employees; and a carefully measured approach to pay 
reforms to ascertain how they can enhance the Department's 
ability to attract and retain employees. Significant time, 
resources, and careful analysis have been invested by the 
Department in creating a human resources system to meet its 
unique homeland security mission. Accordingly, we believe HCOP 
should be given a chance to work and the personnel 
flexibilities in the Homeland Security Act should be preserved. 
This section undermines the effort and represents a retreat 
from the development of needed flexibilities.
    In addition to repealing chapter 97 of Title 5 of the 
United States Code, this section also repeals section 842(c) of 
the Homeland Security Act of 2002. Sections 842(a) and (b) of 
the Homeland Security Act of 2002 limit the President's ability 
to exclude employees of the Department of Homeland Security 
from joining bargaining units. Section 842(c) permits the 
President to waive the application of sections 842(a) and (b) 
upon a determination that their application ``would have a 
substantial adverse impact on the ability of the Department to 
protect homeland security.'' In repealing section 842(c), this 
amendment would make it more difficult for the President to 
exclude Department entities (which by their nature have a 
national security mission), from coverage under chapter 71 of 
Title 5 of the United States Code, than it is for the President 
to exclude entities of other agencies. This misguided section 
would limit the authority of the President and the Secretary to 
make management decisions and may have dangerous implications 
on the Department's ability to fulfill its homeland security 
mission.
Centers of Excellence Program
    Section 802 imposes a requirement on the Under Secretary 
for Science and Technology in establishing Centers of 
Excellence for homeland security research, to ensure that at 
least one of the next four Centers of Excellence established by 
the Department be located at a Minority Serving Institution. 
This requirement is mandated without respect to an 
institution's academic qualifications or ability to 
successfully conduct the necessary work. The Republican Members 
of the Committee are concerned by the Majority imposing such a 
requirement on the Centers of Excellence Program. While 
competing institutions are held to several criteria, including 
quality, geographical diversity, and representation of minority 
students, quality and capability must always carry the greatest 
weight in the selection process.
    Republican Members fully support efforts to encourage 
Minority Serving Institutions to play a greater role in the 
Centers of Excellence Program, and note that the current 
competitive process in no way limits the ability of a Minority 
Serving Institution to be included as a principal institution 
or as a supporting partner in accordance with its capabilities 
and skill-sets. However, we strongly believe Centers of 
Excellence should be established at institutions which have the 
most excellent capabilities to perform the best possible 
research, and as a result, have the greatest ability to succeed 
in supporting the Nation's homeland security mission.
Federal Protective Service mission
    Section 410 represents another serious infringement on the 
ability of the Secretary of Homeland Security to manage the 
Department's workforce and allocate its resources. 
Specifically, the section prohibits the Secretary of Homeland 
Security from reducing the workforce of the Federal Protective 
Service until the Government Accountability Office (GAO) 
completes a report, and both the Committee on Homeland Security 
in the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs in the Senate hold hearings 
on the GAO report.
    The Federal Protective Service (FPS) is responsible for 
policing, securing, and ensuring a safe environment in which 
Federal agencies can conduct their business. The President's 
fiscal year 2008 budget request indicates that FPS will remain 
part of Immigration and Customs Enforcement (ICE), but the 
budget proposes a shift in focus for the agency. The 
Administration proposes that FPS focus on setting security 
standards and ensuring compliance with those standards, rather 
than maintaining a cadre of Federal officers providing security 
services.
    The FY 2008 budget request for FPS supports 950 full-time 
equivalent (FTE) positions, which is a reduction from the 
current staffing level of approximately 1,220. The Department 
has indicated that the reduction in staff is related to the 
fees expected to be collected during FY 2008. FPS has struggled 
for financial stability for several years because of 
limitations on the fee amounts. The use of more contract 
support will allow FPS to direct more Federal resources to 
standard setting and management, while remaining within its 
budget.
    Contrary to some claims, the Department advises that ICE 
has no intention to lay off current FPS employees. ICE has 
advised the Committee it will seek to provide these employees 
with opportunities to move into new positions, as well as other 
career developmental opportunities. The goal of ICE is to 
maintain the employee's grade and salary level. Those 
opportunities can allow employees to train for new roles within 
FPS, ICE and DHS, and foster career mobility within DHS.
    The Department advises further that the Voluntary Early 
Retirement Authority will continue through the remainder of 
Fiscal Year 2007. In addition, ICE's strategy to realign the 
FPS workforce with an authorized level of 950, includes 
assigning reimbursable ICE detailees to other DHS components 
and offers of permanent opportunities within ICE for FPS 
personnel.
    Given these facts, we believe this section is premature, 
and attempts to address an issue that does not exist. This 
section also unduly restricts the Secretary's ability to manage 
part of the DHS workforce by barring implementation of a 
significant management decision until the completion of a GAO 
report and subsequent congressional hearings, the timing of 
which is uncertain.
Federal support for State and local law enforcement
    We are similarly disappointed that the Majority refused to 
accept an amendment offered by Congressman David Davis of 
Tennessee, which would have allowed Immigration and Customs 
Enforcement (ICE) to reimburse State and local law enforcement 
agencies participating in the voluntary ``287(g) program'' for 
the costs of sending personnel to training, including backfill 
costs. This amendment was narrowly defeated on a tie vote of 
15-15.
    Securing our borders and enforcing our immigration laws are 
essential for effective homeland security. While these 
responsibilities belong to the Federal government, State and 
local law enforcement across the United States could serve as 
important force multipliers by coordinating and sharing 
information with Federal partners.
    The 9/11 Commission recommended that ``the U.S. border 
security system should be integrated into a larger network of 
screening points * * *''\1\ and recognized that ``there is a 
growing role for State and local law enforcement agencies. They 
need more training and work with federal agencies so that they 
can cooperate more effectively with those federal authorities 
in identifying terrorist suspects.''\2\
---------------------------------------------------------------------------
    \1\The Final Report of the National Commission on Terrorist Attacks 
upon the United States (The 9/11 Commission Report) at pg. 387.
    \2\Ibid, at pg. 390.
---------------------------------------------------------------------------
    The congressionally created 287(g) program is an existing 
program that can help achieve the recommendations of the 9/11 
Commission for a network of screening and better cooperation 
among Federal, State, and local law enforcement. This provision 
allows States or localities and the Secretary of Homeland 
Security to enter into an agreement, or Memorandum of 
Understanding (MOU), under which local or State officers may be 
trained in immigration law and be qualified to perform the 
functions of an immigration officer in relation to the 
investigation, apprehension, or detention of aliens in the 
United States.
    Since the beginning of FY2006, law enforcement officers 
around the country participating in 287(g) have placed more 
than 9,000 individuals into removal proceedings. All of those 
individuals were originally arrested on local or State charges. 
The proposed amendment would not have changed any parameters of 
the program. It would have remained voluntary and participants 
would still have received intensive training. The purpose of 
the amendment was to expand ICE's budget authority and allow 
for the reimbursement to States and localities for the added 
costs they incur when they send someone to this training.
    According to ICE, it costs approximately $10,000 per week 
to provide the training course in the 287(g) instruction. This 
includes costs for travel to the training location, per diem, 
and lodging for the instructors and Subject Matter Experts. 
Currently, the State or political subdivision is responsible 
for the costs associated with their personnel attending the 
training. This amendment was intended to help bring some 
Federal assistance to States for their costs and encourage more 
participation in the program. State and local law enforcement 
agencies that volunteer to assist the Federal government 
through this program should not have to redirect their own 
resources to cover the personnel costs associated with the 
287(g) training program. It is disheartening that this common 
sense amendment designed to bolster enforcement of our 
immigration laws was not accepted overwhelmingly.

Grant funding

    As part of H.R. 1, Congress passed a provision that was 
intended to allow funding from the Homeland Security Grant 
Program to be used to pay State and local intelligence analysts 
or hire new intelligence analysts. However, because the 
language was vague on whether funds could be used to hire new 
analysts and was unclear on whether these could be law 
enforcement analysts, an amendment was offered during debate on 
H.R. 1684 to clarify this language. The amendment was debated 
but ultimately withdrawn with a pledge that Chairman Thompson 
would work to clarify the grant language in H.R. 1 during 
conference with the Senate.
    We believe it is essential that the federal government 
lives up to its responsibility to provide for the common 
defense when it comes to terrorism and the resources needed to 
combat terrorism. After September 11, State, local, and tribal 
governments redoubled their efforts to combat terrorism and 
expended tremendous energy and financial resources to help the 
Federal Government fight the terrorist threat, including 
providing funding for the participation of State and local 
analysts in fusion centers and in other Federal homeland 
security intelligence efforts. Clarification of the language in 
H.R. 1 will ensure that states and localities can use their 
grant resources in these efforts to help the Federal government 
prevent terrorist attacks from occurring. We were disappointed 
that the amendment could not have been included in the bill 
during the markup, but look forward to clarifying the text of 
H.R. 1 during conference as promised.

Civil Air Patrol Support of Homeland Security Missions

    Representative Charles W. Dent offered an amendment to 
direct the Secretary of Homeland Security to enter into 
agreements with the Secretary of the Air Force to utilize Civil 
Air Patrol assets to support homeland security missions. The 
text of this amendment is nearly identical to H.R. 1333, the 
Civil Air Patrol Homeland Security Support Act of 2007, which 
was introduced by Representative Dent on March 6, 2007. 
Specifically, this amendment would allow the Civil Air Patrol 
to assist in monitoring activity along the nation's borders, 
and providing search and rescue, damage assessment, evacuation 
assistance, and other emergency response services. While this 
type of coordination is already underway in many states, this 
amendment would strengthen the Federal response capability by 
providing additional resources and well-trained personnel. 
Unfortunately, the Majority Members felt they were not prepared 
to consider the amendment. At the request of the Chairman, 
Representative Dent agreed to withdraw the amendment to allow 
the Committee to explore the issue through a hearing prior to 
considering legislation in this area. The Republican Members of 
the Committee are disappointed the amendment could not have 
been included in the bill, but look forward to working 
cooperatively with the Majority on a hearing and future 
consideration of this important initiative.

Automated Targeting System for Passengers Entering the United States

    The Majority refused to include an amendment offered by 
Representative Dent that would have authorized the United 
States Custom and Border Protection (CBP) Automated Targeting 
System for persons (ATS-P). ATS-P is an invaluable tool for 
screening individuals entering and departing from the United 
States, and is currently used by CBP to systematically review 
known information about foreign travelers before they arrive in 
the United States. The program fulfills an integral 
recommendation of the 9/11 Commission, and has already proven 
instrumental in identifying individuals with ties to terrorism 
and allowing CBP officers to interdict those persons upon their 
attempted entry into the United States.
    The ATS-P program utilizes data that is already available 
to CBP in order to perform a real-time risk assessment of a 
traveler in context with his or her previous behavior. CBP 
officers then use that assessment in determining whether the 
traveler should undergo secondary screening. The program does 
not make a determination of whether or not the individual 
should be allowed entry into the United States. Rather ATS-P is 
a tool to help target CBP resources on those individuals who 
are most appropriate for additional screening.
    The amendment rejected by the Majority would have codified 
CBP's existing authority for conducting such risk assessment 
screening, and would have authorized the Secretary to utilize 
ATS-P for all persons departing or entering the United States, 
in accord with the recommendations of the 9/11 Commission. 
Moreover, the amendment would not have affected the program's 
existing privacy protections. The Republican Members of the 
Committee believe that this was a missed opportunity to support 
and further strengthen a program which has been successful in 
securing the country from individuals who seek to do us harm.

Advance Passenger Information System

    Representative Dent offered another amendment that would 
have provided Customs and Border Protection (CBP) the authority 
to require providers of covered transportation to 
electronically transmit the manifests containing information 
regarding passengers and crew members in advance of their 
arrival at United States ports of entry. The information 
transportation providers are required to collect and submit can 
be found on routine entry documents that passengers and crew 
members must currently provide when processed into or out of 
the United States, including the passenger's name, date of 
birth, citizenship, gender, passport number and country of 
issuance, and alien registration number, if applicable.
    The Republican Members of the Committee believe this 
amendment is important because it offers an additional layer of 
security, as well as convenience, to travelers entering and 
departing the United States. The amendment would not have 
granted CBP the authority to demand any information that it 
does not already receive when a person arrives at a port of 
entry or border crossing--it merely would have authorized CBP 
to require that transportation providers deliver the 
information electronically prior to the person's arrival at the 
port of entry or border crossing. This advance notification 
already occurs for travelers and crew members of commercial air 
and sea carriers, and has been utilized successfully in a 
number of pilot programs at land ports.
    With the benefit of this amendment, the majority of the 
travelers would be more efficiently processed, and admitted 
into the country, while individuals of interest would be more 
readily identified. In addition, advance submission of 
passenger and crew information would help CBP allocate 
resources in the face of its ever increasing workload. 
Representative Dent withdrew his amendment upon assurances from 
the Chairman that the Majority would work in good faith to 
negotiate the language of the amendment so that it could be 
included in border security legislation to be introduced by the 
Committee within a few months. Republican Members are 
disappointed the amendment was not included in the bill, but 
look forward to working with the Majority to include it in 
future legislation.
                                   Peter T. King,
                                           Ranking Member.
                                   Christopher Shays.
                                   Mike Rogers.
                                   Charles W. Dent.
                                   Gus M. Bilirakis.
                                   Kevin McCarthy.
                                   Mark E. Souder.
                                   Daniel E. Lungren.
                                   Bobby Jindal.
                                   Michael T. McCaul.
                                   Ginny Brown-Waite.
                                   David Davis.

                    DISSENTING VIEWS OF LAMAR SMITH

    Section 305 of the bill provides that ``[it] is the sense 
of the Congress that the House of Representatives and the 
Senate should * * * 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.'' To the extent that this 
section seeks to change the Rule X jurisdiction of the 
Judiciary Committee, I strongly object to its inclusion in the 
bill.
    Rule X of the House Rules provides that the Judiciary 
Committee has jurisdiction over ``immigration policy and non-
border enforcement'' while the Homeland Security Committee has 
jurisdiction over ``[b]order and port security (except 
immigration policy and non-border enforcement).''\1\
---------------------------------------------------------------------------
    \1\Rules of the U.S. House of Representatives, 110th Congress, 
secs. 1(k)(9) and (i)(3)(A) of rule X.
---------------------------------------------------------------------------
    This bifurcation of immigration jurisdiction was described 
in more detail in the Legislative History to Accompany Changes 
to Rule X that was printed in the Congressional Record on 
January 4, 2005:

          The Committee on the Judiciary shall retain 
        jurisdiction over immigration policy and non-border 
        [enforcement] of the immigration laws. Its jurisdiction 
        over immigration policy shall include matters such as 
        the immigration and. naturalization process, numbers of 
        aliens (including immigrants and non-immigrants) 
        allowed, classifications and lengths of allowable stay, 
        the adjudication of immigration petitions and the 
        requirements for the same, the domestic adjudication of 
        immigration petitions and applications submitted to the 
        Department of Labor or the Department of Homeland 
        Security and setting policy with regard to visa 
        issuance and acceptance. Its jurisdiction over non-
        border enforcement shall be limited to those aspects of 
        immigration enforcement not associated with the 
        immediate entry of individuals into the country, 
        including those aspects of the Bureau of Immigration 
        and Customs Enforcement.\2\
---------------------------------------------------------------------------
    \2\Cong. Rec. H25 (January 4, 2005).

    This House considered this issue exhaustively at the time. 
There is no reason to upset this careful compromise just two 
years later. The Judiciary Committee has had jurisdiction over 
immigration since 1946. While jurisdictional adjustments were 
made upon creation of the Homeland Security Committee in 
recognition of the Department of Homeland Security's crucial 
role in preventing terrorists from crossing our borders, most 
immigration jurisdiction was kept within the Judiciary 
Committee. The rationale for keeping jurisdiction over 
immigration policy and non-border enforcement within the 
Judiciary Committee was clear in 2005 and is clear now. While 
deterring terrorism is a key component of our immigration 
strategy, focusing solely on the terrorism aspects of 
immigration enforcement will make our nation's immigration 
crisis even worse. Up until very recently, our immigration 
enforcement agencies have dedicated so many post 9/11 resources 
to their anti-terrorism efforts that they have ignored the huge 
influx of illegal immigrants, who have entered our country 
since that date, more than half a million a year by some 
counts. Immigration enforcement must focus on labor and law 
enforcement concerns to turn the tide of illegal immigration. 
While terrorism concerns are significant in consideration of 
immigration enforcement, the danger posed by criminal aliens is 
equally, if not more, important in the day-to-day lives of 
Americans. A quarter of federal prison inmates are criminal 
aliens, and some 80,000 alien absconders are serious criminals. 
In 2005, the United States deported over 89,000 criminal 
aliens. The Judiciary Committee brings its expertise to these 
tasks. There is a danger that the Homeland Security Committee 
would pay little heed to the large amount of immigration 
enforcement that is not terrorist-related.
    Because of the intertwined nature of immigration benefits 
and enforcement, neither does it make sense to bifurcate 
jurisdiction over these matters. Aliens subject to removal may 
seek immigration benefits, while aliens applying for benefits 
may be ineligible for those benefits on a ground that would 
render them removable. For these reasons, knowledge of both 
immigration enforcement and immigration benefits is crucial for 
any street agent or adjudicator. It is equally important for a 
Committee with immigration oversight responsibilities to have 
experience in both immigration enforcement and benefits.
    Finally, should we focus exclusively on anti-terrorism 
efforts this would send a message of distrust to those who 
would come and contribute to our nation. The Judiciary 
Committee has appropriately balanced the law enforcement, 
labor, and national security components of our nation's 
immigration laws in the past, and it stands ready to do so in 
the future. The Committee understands that millions of U.S. 
jobs, the health of our institutions, and our image worldwide 
depend on our immigration policies, in a way that a committee 
solely focused on terrorism would not.
                                                       Lamar Smith.

                                 

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