Department of Homeland Security Management and Operations Improvement Act of 2006 - Directs the Secretary of Homeland Security to: (1) take steps to control the costs of hiring, training, and deploying new Border Patrol agents and limit the FY2007 cost for each new agent to $150,000; and (2) actively consult with and fully inform the congressional homeland security committees regarding all activities and responsibilities within their jurisdictions. Makes the Department of Homeland Security's (DHS) Inspector General independently responsible for keeping such committees informed.
Establishes in DHS a Directorate for Policy, Planning, and International Affairs, headed by an Under Secretary for Policy. Establishes within the Directorate an Office of International Affairs. Makes the Secretary, acting through the Under Secretary for Management, responsible for the integration and consolidation of DHS's management systems.
Directs the Inspector General to review each contract action related to DHS's Secure Border Initiative valued at greater than $20 million.
Requires the Chief Financial Officer to establish the Authorization Liaison Officer position.
Increases the number of federal annuitants who may be appointed by the Federal Law Enforcement Training Center.
Sets forth provisions regarding: (1) officials responsible for coordinating disability issues; and (2) homeland security procurement training.
Directs the Comptroller General to conduct a national study regarding emergency shelter accessibility and a study of the integration and adequacy of training for DHS personnel who process asylum seekers at U.S. ports of entry.
Requires the Secretary to: (1) establish a database of small business concerns, a Council on Procurement Training, a National Homeland Security University, and a Homeland Security Canine Detection Accreditation Board; and (2) increase the number of and coordinate DHS canine detection teams.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5813 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5813
To amend the Homeland Security Act of 2002 to provide for improvements
in the management and operations of the Department of Homeland
Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2006
Mr. Rogers of Alabama (for himself and Mr. Meek of Florida) introduced
the following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on the Budget, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to provide for improvements
in the management and operations of the Department of Homeland
Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``Department of Homeland Security
Management and Operations Improvement Act of 2006''.
SEC. 2. COST-EFFECTIVE ENHANCEMENTS TO BORDER SECURITY.
(a) In General.--The Secretary of Homeland Security shall take such
steps as may be necessary to control the costs of hiring, training, and
deploying new Border Patrol agents, including--
(1) permitting individuals who are in training to become
Border Patrol agents to waive certain course requirements of
such training if such individuals have earlier satisfied such
requirements in a similar or comparable manner as determined by
the Secretary; and
(2) conducting a competitive sourcing study to compare the
costs of training new Border Patrol agents at a non-profit or
private training facility, including the use of private
training facilities to conduct portions of such training.
(b) Limitation on Per-Agent Cost of Training.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall take such steps as may be necessary to ensure
that the fiscal year 2007 per-agent cost of hiring, training,
and deploying each new Border Patrol agent does not exceed
$150,000.
(2) Exception and certification.--
(A) In general.--If the Secretary determines that
the per-agent cost referred to in paragraph (1) exceeds
$150,000, the Secretary shall promptly submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a certification
explaining why such per-agent cost exceeds such amount.
(B) Temporary suspension of training.--Until the
Secretary receives from the committees specified in
subparagraph (A) an approval with respect to such
increased per-agent cost, the Secretary shall suspend
any new hiring, training, and deploying of Border
Patrol agents.
SEC. 3. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following:
``SEC. 104. CONGRESSIONAL NOTIFICATION.
``(a) In General.--The Secretary shall actively consult with the
congressional homeland security committees, and shall keep such
committees fully and currently informed with respect to all activities
and responsibilities within the jurisdictions of these committees.
``(b) Relationship to Other Law.--Nothing in this section affects
the requirements of section 872. The requirements of this section
supplement, and do not replace, the requirements of that section.
``(c) Inspector General.--The Inspector General of the Department
shall be responsible, independently of the responsibility of the
Secretary under subsection (a), for keeping the congressional homeland
security committees fully and currently informed of the Department's
activities, including informing the congressional homeland security
committees of major audits, investigations, or other activities of the
Inspector General by no later than 72 hours prior to the release of, or
at any time upon the request by such a committee for, the findings of
major audits, investigations, or other activities. Additionally, the
Inspector General shall provide to such a committee a written
notification and summary of the contents of its semiannual and annual
reports by no later than 72 hours prior to the release of such reports.
``(d) Classified Notification.--The Secretary may submit any
information required by this section in classified form if the
information is classified pursuant to applicable national security
standards.
``(e) Savings Clause.--This section shall not be construed to limit
or otherwise affect the congressional notification requirements of
title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.),
insofar as they apply to the Department.
``(f) Definition.--As used in this section, the term `congressional
homeland security committees' means the Committee on Homeland Security
and the Committee on Appropriations of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate.''.
(b) Conforming Amendment.--The table of contents in Section 1(a) of
such Act is amended by inserting after the item relating to section 103
the following:
``Sec. 104. Congressional notification.''.
(c) Coast Guard Mission Review Report.--Section 888(f)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 468(f)(2)) is amended--
(1) by redesignating subparagraphs (B) through (E) in order
as subparagraphs (C) through (F); and
(2) by striking subparagraph (A) and inserting the
following:
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Homeland Security of the
House of Representatives;''.
SEC. 4. ESTABLISHMENT OF DIRECTORATE FOR POLICY, PLANNING, AND
INTERNATIONAL AFFAIRS.
(a) Establishment of Directorate.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(1) by redesignating title VI as title XVIII, and moving
such title so as to appear after title XVII;
(2) by striking the heading for such title and inserting
the following:
``TITLE XVIII--MISCELLANEOUS PROVISIONS'';
(3) by redesignating section 601 as section 1801; and
(4) by inserting after title V the following new title:
``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
``SEC. 601. DIRECTORATE FOR POLICY, PLANNING, AND INTERNATIONAL
AFFAIRS.
``(a) Establishment.--There shall be in the Department a
Directorate for Policy, Planning, and International Affairs.
``(b) Under Secretary for Policy.--The head of the Directorate
shall be the Under Secretary for Policy, who shall be appointed by the
President, by and with the consent of the Senate.
``(c) Responsibilities of Under Secretary.--
``(1) Policy responsibilities.--Subject to the direction
and control of the Secretary, the policy responsibilities of
the Under Secretary for Policy shall be as follows:
``(A) To serve as the principal policy advisor to
the Secretary.
``(B) To provide overall direction and supervision
of policy development for the programs, offices, and
activities of the Department.
``(C) To establish and implement a formal
policymaking process for the Department.
``(D) To analyze, evaluate, and review the
completed, ongoing, and proposed programs of the
Department to ensure they are compatible with the
statutory and regulatory responsibilities of the
Department and with the Secretary's priorities,
strategic plans, and policies.
``(E) To ensure that the budget of the Department
(including the development of future year budgets and
interaction with the Office of Management and Budget
and with Congress) is compatible with the statutory and
regulatory responsibilities of the Department and with
the Secretary's priorities, strategic plans, and
policies.
``(F) To represent the Department in any
development of policy that requires the Department to
consult with another Federal agency, the Office of the
President, a foreign government, or any other
governmental or private sector entity.
``(G) To supervise and oversee policy development
undertaken by the component agencies and offices of the
Department.
``(2) Strategic planning responsibilities.--Subject to the
direction and control of the Secretary, the strategic planning
responsibilities of the Under Secretary for Policy shall be as
follows:
``(A) To conduct long-range, strategic planning for
the Department.
``(B) To prepare national and Department
strategies, as appropriate.
``(C) To conduct net assessments of issues facing
the Department.
``(3) International responsibilities.--Subject to the
direction and control of the Secretary, the international
responsibilities of the Under Secretary for Policy shall be as
follows:
``(A) To promote the exchange of information and
the sharing of best practices and technology relating
to homeland security with nations friendly to the
United States, including--
``(i) the exchange of information on
research and development on homeland security
technologies;
``(ii) joint training exercises of first
responders in coordination with the Assistant
Secretary for Grants and Training; and
``(iii) exchanging expertise and
information on terrorism prevention, response,
and crisis management.
``(B) To identify any homeland security-related
area in which the United States and other nations and
appropriate international organizations could
collaborate to improve capabilities and to encourage
the exchange of information or sharing of best
practices and technology relating to that area.
``(C) To plan and participate in international
conferences, exchange programs (including the exchange
of scientists, engineers, and other experts), and other
training activities with friendly nations
``(D) To manage international activities within the
Department in coordination with other Federal officials
with responsibility for counterterrorism matters.
``(E) To oversee the activities of Department
personnel operating in other countries or traveling to
other countries,
``(F) To represent the Department in international
negotiations, working groups, and standards-setting
bodies.
``(4) Private sector.--
``(A) To create and foster strategic communications
with the private sector to enhance the primary mission
of the Department to protect the United States.
``(B) To advise the Secretary on the impact on the
private sector of the policies, regulations, processes,
and actions of the Department.
``(C) To coordinate with other relevant Federal
agencies with missions related to homeland security to
assess the impact of the actions of such agencies on
the private sector.
``(D) To create and manage private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary--
``(i) to advise the Secretary on private
sector products, applications, and solutions as
they relate to homeland security challenges;
and
``(ii) to advise the Secretary on homeland
security policies, regulations, processes, and
actions that affect the participating
industries and associations.
``(E) To promote existing public-private
partnerships and develop new public-private
partnerships to provide for collaboration and mutual
support to address homeland security challenges.
``(F) To coordinate industry efforts, with respect
to functions of the Department, to identify private
sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to acts
of terrorism.
``(G) To coordinate among the Department's
operating entities and with the Assistant Secretary for
Trade Development of the Department of Commerce on
issues related to the travel and tourism industries.
``SEC. 602. OFFICE OF INTERNATIONAL AFFAIRS.
``(a) Establishment.--There is established within the Directorate
of Policy, Planning, and International Affairs an Office of
International Affairs. The Office shall be headed by an Assistant
Secretary, who shall be appointed by the Secretary.
``(b) Duties of the Assistant Secretary.--The Assistant Secretary
shall have the following duties:
``(1) To promote information and education exchange with
nations friendly to the United States in order to promote
sharing of best practices and technologies relating to homeland
security. Such exchange shall include the following:
``(A) Exchange of information on research and
development on homeland security technologies.
``(B) Joint training exercises of first responders.
``(C) Exchange of expertise on terrorism
prevention, response, and crisis management.
``(2) To identify areas for homeland security information
and training exchange where the United States has a
demonstrated weakness and another friendly nation or nations
have a demonstrated expertise.
``(3) To plan and undertake international conferences,
exchange programs, and training activities.
``(4) To manage international activities within the
Department in coordination with other Federal officials with
responsibility for counter-terrorism matters.
``SEC. 603. OTHER OFFICES AND OFFICIALS.
``The Under Secretary for Policy shall establish the following
offices in the Directorate for Policy, Planning, and International
Affairs:
``(1) The Office of Policy, which shall--
``(A) be administered by an Assistant Secretary for
Policy; and
``(B) shall consist of--
``(i) an Office of Strategic Plans;
``(ii) a Secure Border Initiative Program
Office;
``(iii) a Screening Coordination and
Operations Office; and
``(iv) such other offices as are considered
appropriate by the Secretary.
``(2) The Office of the Private Sector.
``(3) The Victim Assistance Officer.
``(4) The Tribal Security Officer.
``(5) Such other offices as considered necessary by the
Under Secretary for Policy.''.
(b) Conforming Amendments.--Section 879 of the Homeland Security
Act of 2002 (6 U.S.C. 459) is repealed.
(c) Clerical Amendments.--The table of contents in section 1(a) of
such Act is amended--
(1) by striking the item relating to section 879;
(2) by striking the items relating to title VI and
inserting the following:
``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS
``Sec. 601. Directorate for Policy, Planning, and International
Affairs.
``Sec. 602. Office of International Affairs.
``Sec. 603. Other offices and officials.'';
and
(3) by inserting after the items relating to title XVII the
following:
``TITLE XVIII--MISCELLANEOUS PROVISIONS
``Sec. 1801. Treatment of charitable trusts for members of the armed
forces of the United States and other
governmental organizations.''.
SEC. 5. STRENGTHENING LINES OF AUTHORITY FOR MANAGEMENT DIRECTORATE
OPERATING OFFICERS.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a) by redesignating paragraph (11) as
paragraph (12), and by inserting after paragraph (10) the
following:
``(11) The integration and consolidation of the
Department's business and other management systems, including--
``(A) financial management and accounting systems;
``(B) procurement systems;
``(C) information technology; and
``(D) human resources programs and training
systems.''; and
(2) by adding at the end the following:
``(c) Authority of Chief Operating Officers Over Departmental
Counterparts.--
``(1) In general.--The Under Secretary for Management shall
ensure that chief operating officers of the Department,
including the Chief Financial Officer, the Chief Procurement
Officer, the Chief Information Officer, and the Chief Human
Capital Officer, have adequate authority over their respective
counterparts in component agencies of the Department to ensure
that such component agencies adhere to the laws, rules,
regulations, and departmental policies which the chief
operating officers are responsible for implementing.
``(2) Included authorities.--The authorities of a chief
operating officer pursuant to paragraph (1) shall include, with
respect to the officer's counterparts in component agencies of
the Department, the following:
``(A) Making recommendations regarding the hiring
and termination of individuals.
``(B) Developing performance measures.
``(C) Submitting written performance evaluations
during the performance evaluation process that shall be
considered in performance reviews, including
recommendations for bonuses, pay raises, and
promotions.
``(D) Withholding funds from the relevant component
agency that would otherwise be available for a
particular purpose until the relevant component agency
complies with the directions of the chief operating
officer or makes substantial progress towards meeting
the specified goal.''.
SEC. 6. HOMELAND SECURITY SMALL BUSINESS DATABASE.
(a) Establishment and Consultation.--Title V of the Homeland
Security Act of 2002 (6 U.S.C. 311 et seq.) is amended--
(1) by redesignating the second section 510 as section 511;
and
(2) by adding at the end the following:
``SEC. 512. SMALL BUSINESS DATABASE FOR FEDERAL CONTRACTING RELATED TO
MAJOR DISASTERS AND EMERGENCY ASSISTANCE ACTIVITIES:
ESTABLISHMENT AND CONSULTATION.
``(a) Establishment of Database.--The Secretary shall establish and
maintain a database of small business concerns.
``(b) Included Information.--The database under subsection (a)
shall include the following information about each small business
concern:
``(1) The name of the small business concern.
``(2) The location of the small business concern.
``(3) The area served by the small business concern.
``(4) The type of good or service provided by the small
business concern.
``(5) Whether the small business concern is--
``(A) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
``(B) a small business concern owned and controlled
by women; or
``(C) a small business concern owned and controlled
by service-disabled veterans.
``(c) Source of Information.--
``(1) Submission.--Information maintained in the database
shall be submitted on a voluntary basis by small business
concerns.
``(2) Attestation.--Each small business concern submitting
information to the database shall submit--
``(A) an attestation that the information submitted
is true; and
``(B) documentation supporting such attestation.
``(3) Verification.--The Secretary shall verify only that
the documentation submitted by each small business concern
supports the information submitted by that small business
concern.
``(4) Enforcement penalties for misrepresentation.--Any
concern that is determined by the Secretary to have
misrepresented the status of that concern as a small business
concern owned and controlled by socially and economically
disadvantaged individuals, a small business concern owned and
controlled by women, or a small business concern owned and
controlled by service-disabled veterans for purposes of this
subsection shall be subject to--
``(A) section 1001 of title 18, United States Code;
and
``(B) sections 3729 through 3733 of title 31,
United States Code.
``(d) Availability of Database.--The database shall be made
generally available on the Internet website of the Department.
``(e) Consultation of Database.--Before awarding a Federal contract
for a disaster-related activity, agencies in the Department shall
consult the database established under this section.
``(f) Database Integration.--The database established under this
section shall be integrated into any procurement-related database
developed by the Department.
``(g) Definitions.--For purposes of this section, the terms `small
business concern', `small business concern owned and controlled by
socially and economically disadvantaged individuals', `small business
concern owned and controlled by women', and `small business concern
owned and controlled by service-disabled veterans' shall have the
meanings given those terms under the Small Business Act (15 U.S.C. 631
et seq.).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the items
relating to section 509 the following:
``Sec. 510. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.
``Sec. 512. Small business database for Federal contracting related to
declared emergencies: establishment and
consultation.''.
(c) Effective Date.--The Secretary shall establish the database
required under section 512 of the Homeland Security Act of 2002 (as
added by subsection (a)) not later than the date that is 60 days after
the date of the enactment of this Act.
SEC. 7. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General.--The Inspector General of the Department of
Homeland Security shall review each contract action related to the
Department's Secure Border Initiative having a value greater than
$20,000,000, to determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned business, and
timelines. The Inspector General shall complete a review under this
subsection with respect to a contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Report by Inspector General.--Upon completion of each review
described in subsection (a), the Inspector General shall submit to the
Secretary of Homeland Security a report containing the findings of the
review, including findings regarding any cost overruns, significant
delays in contract execution, lack of rigorous departmental contract
management, insufficient departmental financial oversight, bundling
that limits the ability of small business to compete, or other high
risk business practices.
(c) Report by Secretary.--Not later than 30 days after the receipt
of each report required under subsection (b), the Secretary of Homeland
Security shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the findings of the
report by the Inspector General and the steps the Secretary has taken,
or plans to take, to address the problems identified in such report.
(d) Authorization of Appropriations.--In addition to amounts that
are otherwise authorized to be appropriated to the Office of the
Inspector General, an additional amount equal to at least five percent
for fiscal year 2007, at least six percent for fiscal year 2008, and at
least seven percent for fiscal year 2009 of the overall budget of the
Office for each such fiscal year is authorized to be appropriated to
the Office to enable the Office to carry out this section.
(e) Action by Inspector General.--In the event the Inspector
General becomes aware of any improper conduct or wrongdoing in
accordance with the contract review required under subsection (a), the
Inspector General shall, as expeditiously as practicable, refer
information related to such improper conduct or wrongdoing to the
Secretary of Homeland Security or other appropriate official in the
Department of Homeland Security for purposes of evaluating whether to
suspend or debar the contractor.
SEC. 8. AUTHORIZATION LIAISON OFFICER.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is
amended by adding at the end the following:
``(d) Authorization Liaison Officer.--The Chief Financial Officer
shall establish the position of Authorization Liaison Officer to
provide timely budget and other financial information to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate. The
Authorization Liaison Officer shall report directly to the Chief
Financial Officer.''.
SEC. 9. REQUIRED BUDGET LINE ITEM REGARDING OFFICE OF COUNTERNARCOTICS
ENFORCEMENT.
Section 1105(a) of title 31, United States Code, is amended--
(1) by redesignating the second paragraph (33) as paragraph
(35); and
(2) in paragraph (35), as so redesignated, in subparagraph
(A) by striking ``and'' after the semicolon at the end of
clause (ii), by striking the period at the end of clause (iii)
and inserting ``; and'', and by adding at the end the
following:
``(iv) a separate line item for each such fiscal year for
expenditures by the Office of Counternarcotics Enforcement of
the Department of Homeland Security.''.
SEC. 10. CONTINUATION OF AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF
FEDERAL ANNUITANTS TO SUPPORT TRAINING FOR BORDER
SECURITY PURPOSES.
Section 1202(a) of the 2002 Supplemental Appropriations Act for
Further Recovery From and Response To Terrorist Attacks on the United
States (42 U.S.C. 3771 note) is amended in the first sentence--
(1) by striking ``enactment of this Act'' and inserting
``enactment of the Department of Homeland Security Management
and Operations Improvement Act of 2006''; and
(2) by striking ``250'' and inserting ``350''.
SEC. 11. EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH
DISABILITIES.
(a) Officer for Civil Rights and Civil Liberties as Coordinator for
the Secretary.--Section 705(a) of the Homeland Security Act of 2002 (6
U.S.C. 345(a)) is amended by striking ``and'' after the semicolon at
the end of paragraph (5), by striking the period at the end of
paragraph (6) and inserting ``; and'', and by adding at the end the
following:
``(7) serve as the Secretary's coordinator for issues
relating to individuals with disabilities and emergency
mitigation, preparedness, response, and recovery, by assisting
the Secretary and directorates and offices of the Department to
develop, implement, and periodically review relevant policies
and procedures.''.
(b) Coordinator for Director of FEMA.--Section 507 of the Homeland
Security Act of 2002 (6 U.S.C. 317) is amended by adding at the end the
following:
``(c) Coordinator for Issues Relating to Individuals With
Disabilities.--The Director of the Federal Emergency Management Agency
shall appoint an individual to serve as the Director's coordinator for
issues relating to individuals with disabilities. Such individual shall
report to the Director and to the Officer for Civil Rights and Civil
Liberties.''.
(c) Coordinator for Under Secretary for Preparedness.--Section 502
of the Homeland Security Act of 2002 (6 U.S.C. 312) is amended by
inserting ``(a) In General.--'' before ``The Secretary'', and by adding
at the end the following:
``(b) Coordinator for Issues Relating to Individuals With
Disabilities.--The Under Secretary for Preparedness shall appoint a
coordinator for issues relating to individuals with disabilities. Such
individual shall report to the Under Secretary and to the Officer for
Civil Rights and Civil Liberties.''.
SEC. 12. GAO STUDY ON ACCESSIBILITY OF EMERGENCY SHELTERS.
(a) In General.--The Comptroller General of the United States shall
conduct a national study regarding whether, and, if so, to what extent,
emergency shelters for use in response to a major disaster, as that
term is defined in section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), are accessible
to, and usable by, individuals with disabilities.
(b) Report.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General shall submit a report summarizing
the results of this study to the Committee on Homeland Security and
Governmental Affairs and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Homeland Security and the
Committee on Education and the Workforce of the House of
Representatives.
SEC. 13. PROTECTION OF NAME, INITIALS, INSIGNIA, AND SEAL.
Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is
amended by adding at the end the following new subsection:
``(d) Protection of Name, Initials, Insignia, and Seal.--
``(1) In general.--Except with the written permission of
the Secretary, no person may knowingly use, in connection with
any advertisement, commercial activity, audiovisual production
(including, but not limited to, film or television production),
impersonation, Internet domain name, Internet e-mail address,
or Internet web site, merchandise, retail product, or
solicitation in a manner reasonably calculated to convey the
impression that the Department or any organizational element of
the Department has approved, endorsed, or authorized such use,
any of the following (or any colorable imitation thereof):
``(A) The words `Department of Homeland Security',
the initials `DHS', the insignia or seal of the
Department, or the title `Secretary of Homeland
Security'.
``(B) The name, initials, insignia, or seal of any
organizational element (including any former such
element) of the Department, or the title of any other
officer or employee of the Department, notice of which
has been published by the Secretary of Homeland
Security in accordance with paragraph (3).
``(2) Civil action.--Whenever it appears to the Attorney
General that any person is engaged or is about to engage in an
act or practice which constitutes or will constitute conduct
prohibited by subsection (d)(1), the Attorney General may
initiate a civil proceeding in a district court of the United
States to enjoin such act or practice. Such court shall proceed
as soon as practicable to the hearing and determination of such
action and may, at any time before final determination, enter
such restraining orders or prohibitions, or take such other
actions as is warranted, to prevent injury to the United States
or to any person or class of persons for whose protection the
action is brought.
``(3) Notice and publication.--The notice and publication
to which paragraph (d)(1)(B) refers is a notice published in
the Federal Register including the name, initials, seal or
class of titles protected under paragraph (d)(1)(B) and a
statement that they are protected under that provision. The
Secretary may amend such notices from time to time as the
Secretary determines appropriate in the public interest and
shall publish such amendments in the Federal Register.
``(4) Audiovisual production.--or the purpose of this
subsection, `audiovisual production' means the production of a
work that consists of a series of related images which are
intrinsically intended to be shown by the use of machines or
devices such as projectors, viewers, or electronic equipment,
together with accompanying sounds, if any, regardless of the
nature of the material objects, such as films or tapes, in
which the work is embodied.''.
SEC. 14. HOMELAND SECURITY PROCUREMENT TRAINING.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 is amended by adding at the end the following new section:
``SEC. 890A. HOMELAND SECURITY PROCUREMENT TRAINING.
``(a) Establishment.--The Under Secretary for Management shall
provide homeland security procurement training to acquisition
employees.
``(b) Responsibilities of Under Secretary for Management.--The
Under Secretary for Management shall carry out the following
responsibilities:
``(1) To establish objectives to achieve the efficient and
effective use of available acquisition resources by
coordinating the acquisition education and training programs of
the Department and tailoring them to support the careers of
acquisition employees.
``(2) To develop, in consultation with the Council on
Procurement Training, the curriculum of the homeland security
procurement training to be provided.
``(3) To establish, in consultation with the Council on
Procurement Training, training standards, requirements, and
courses to be required for acquisition employees.
``(4) To establish an appropriate centralized mechanism to
control the allocation of resources for conducting such
required courses and other training and education.
``(5) To select course providers and certify courses to
ensure that the procurement training curriculum supports a
coherent framework for the educational development of
acquisition employees, including the provision of basic,
intermediate, and advanced courses.
``(6) To publish an annual catalog that includes a list of
the acquisition education and training courses.
``(7) To develop a system of maintaining records of student
enrollment, and other data related to students and courses
conducted pursuant to this section.
``(c) Provision of Instruction.--The Under Secretary shall provide
procurement training to acquisition employees of any office under
subsection (d)(3). The appropriate member of the Council on Procurement
Training may direct such an employee to receive procurement training.
``(d) Council on Procurement Training.--
``(1) Establishment.--The Secretary shall establish a
Council on Procurement Training to advise and make policy and
curriculum recommendations to the Under Secretary.
``(2) Chair of council.--The chair of the Council on
Procurement Training shall be the Under Secretary for
Management.
``(3) Members.--The members of the Council on Procurement
Training are the chief procurement officers of each of the
following:
``(A) The Customs and Border Protectorate
``(B) The Transportation Security Administration.
``(C) The Office of Procurement Operations.
``(D) The Bureau of Immigration and Customs
Enforcement.
``(E) The Federal Emergency Management Agency.
``(F) The Coast Guard.
``(G) The Federal Law Enforcement Training Center.
``(H) The United States Secret Service.
``(I) Such other entity as the Under Secretary for
Management determines is appropriate.
``(e) Acquisition Employee Defined.--For purposes of this section,
the term `acquisition employee' means an employee serving under a
career or career-conditional appointment in the competitive service or
appointment of equivalent tenure in the excepted service of the Federal
Government, at least 50 percent of whose assigned duties include
acquisitions, procurement-related program management, or procurement-
related oversight functions.
``(f) Report Required.--Not later than March 1 of each year, the
Under Secretary for Management shall submit to the Secretary a report
on the procurement training provided under this section, which shall
include information about student enrollment, students who enroll but
do not attend courses, graduates, certifications, and other relevant
information.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 890A. Homeland security procurement training.''.
SEC. 15. GAO STUDY OF INTEGRATION AND ADEQUACY OF TRAINING PROGRAMS
RELATED TO ASYLUM AT PORTS OF ENTRY.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the integration and adequacy of training for
Department of Homeland Security personnel who interdict, interview, and
process asylum seekers ports of entry, including at airports, in the
United States.
(b) Contents of Study.--The study shall include--
(1) an assessment of whether such training provides such
personnel with adequate and clear guidance on the standards for
handling asylum seekers;
(2) an assessment of whether such personnel coordinate
appropriately to ensure that relevant United States laws are
fully enforced; and
(3) recommendations, as appropriate, for steps that the
Secretary of Homeland Security should take to provide better
integration and adequacy of such training to such personnel in
order to better secure the borders of the United States while
ensuring that asylum seekers are properly processed and their
claims are fully evaluated.
(c) Report.--Not later than 12 months after the date of the
enactment of this Act, the Comptroller General shall submit a report
summarizing the results of the study to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
SEC. 16. NATIONAL HOMELAND SECURITY UNIVERSITY.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 is amended by adding at the end the following new section:
``SEC. 890B. NATIONAL HOMELAND SECURITY UNIVERSITY.
``(a) Establishment.--The Secretary of Homeland Security shall
establish a National Homeland Security University for senior officials
that serves as a capstone to other educational and training
opportunities in the National Capital Region.
``(b) Mission.--The University shall conduct a graduate-level
curriculum to prepare government officials for senior homeland security
and counterterrorism assignments in Federal, State, tribal, and local
governments.
``(c) Curriculum Content.--
``(1) In general.--The curriculum of the University shall--
``(A) provide senior government officials with a
strategic perspective of homeland security and
counterterrorism that transcends organizations, levels
of government, and response disciplines, and includes
private sector perspectives;
``(B) focus on all hazards and all phases of
emergency preparedness and response; and
``(C) expand students' understanding of the
strategic aspects of homeland security and
counterterrorism planning, policy development, incident
management, support functions, and related topics.
``(2) Specification of requirements.--The Under Secretary
for Preparedness shall specify curriculum requirements to
accomplish the mission of the University.
``(3) Leveraging of existing courses.--The development of
the University curriculum shall leverage existing Masters
Degree courses in homeland security that are approved by the
Secretary, learning materials, quality assessment tools,
digital libraries, exercise systems, and other curriculum
components already being delivered by universities and training
facilities, such as the Center for Domestic Preparedness.
``(d) Student Enrollment.--
``(1) Sources.--The student body of the University shall
include officials from Federal, State, tribal, and local
governments, and from other sources as designated by the Under
Secretary for Preparedness.
``(2) Enrollment priorities and selection criteria.--The
Under Secretary for Preparedness shall establish policies
governing student enrollment priorities and selection criteria,
consistent with the mission of the University.
``(3) Diversity.--The Secretary shall take reasonable steps
to ensure that the student body represents racial, gender, and
ethnic diversity.
``(e) Service Commitment.--
``(1) In general.--An employee selected for training shall
agree in writing with the Government before assignment to
training to do the following--
``(A) continue in the service of the sponsoring
agency after the end of the training period for a
period not less than two years after the completion of
the training unless he is involuntarily separated from
the service of his agency for reasons other than
reduction in force; and
``(B) pay to the Government the amount of the
additional expenses incurred by the Government in
connection with this training if the employee is
voluntarily separated from the service to the agency
before the end of the period for which the employee has
agreed to continue in the service of the agency.
``(2) Payment of expenses.--
``(A) Exemption.--The payment agreed to under
subsection (1)(b) of this section may not be required
of an employee who leaves the service of the sponsoring
agency to enter into the service of another agency in
any branch of the Government unless the head of the
agency that authorized the training notifies the
employee before the effective date of his entrance into
the service of the other agency that payment will be
required under this section.
``(B) Amount of payment.--If payment is required,
the sponsoring agency shall determine a payment amount
which is not greater than a pro rata share of the
expenses incurred for the time remaining in the two-
year period.
``(3) Recovery of payment.--If an employee, except an
employee relieved of liability under subsection (2) of this
section fails to fulfill the agreement to pay to the Government
the additional expenses incurred by the Government in
connection with his training, a sum equal to the amount of the
additional expenses of training is recoverable by the
Government from the employee or his estate by--
``(A) setoff against accrued pay, compensation,
amount of retirement credit, or other amount due the
employee from the Government; and
``(B) such other method as is provided by law for
the recovery of amounts owing to the Government.
``(f) University Governance, Management, and Staffing.--
``(1) In general.--The Under Secretary for Preparedness
shall establish policies governing the recruitment and
governance of the faculty of the University, shall identify
such leadership positions within the University as necessary
for its management, and shall establish policies governing the
selection of personnel to fill those leadership positions.
``(2) Board of advisors.--The Under Secretary shall appoint
a Board of Advisors for the University to oversee the
governance of the University, consistent with requirements for
curriculum accreditation.
``(3) Leverage the faculty and collaborative governance
arrangements.--In establishing University staffing and
governance policies, the Under Secretary shall, to the maximum
extent possible, leverage the faculty and collaborative
governance arrangements already established between existing
Department-sponsored graduate education and training programs.
``(g) Program Structure.--The Under Secretary for Preparedness
shall ensure that the programs of the University--
``(1) are scalable and portable in order to reach the
widest audiences;
``(2) include traditional in-residence courses in the
District of Columbia;
``(3) offer regional, web-enabled, and virtual educational
programs; and
``(4) utilize innovative educational methodologies, such as
simulation centers, for use by faculty, students, and
government officials.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 890B. National Homeland Security University.''.
SEC. 17. CANINE DETECTION TEAM AUGMENTATION AND CERTIFICATION.
(a) Increasing the Number of Trained Canine Detection Teams.--
(1) Increase.--In each of fiscal years 2007 through 2011,
the Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase the
number of trained canine detection teams of the Department over
the number of such teams deployed or available on the last day
of the preceding fiscal year as follows:
(A) Customs and border protection.--An increase of
not less than 25 percent the number of trained canine
detection teams deployed at and between the Nation's
ports of entry.
(B) Transportation security administration.--
Increase by not less than 25 percent the number of
trained detection canines deployed at the Nation's
airports and mass transit systems.
(C) Coast guard, united states secret service,
federal protective service, and federal emergency
management agency.--Increase by not less than 25
percent the number of trained canine detection teams
available to Coast Guard stations, Secret Service
operations, and Federal Protective Service operations
across the country, and to the Federal Emergency
Management Agency to ensure their availability as
needed in emergencies.
(2) Notification of congress.--If the Secretary determines
that an agency referred to in subsection (a) is unable to
achieve the increase required under subsection (a) for such
reasons as cost or availability, the Secretary shall notify the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate, describing the reasons why the agency is unable
to achieve the increase.
(b) Coordination, Enhancement, and Improvement of Canine Detection
Teams.--
(1) In general.--The Homeland Security Act of 2002 is
amended by adding at the end the following:
``TITLE XIX--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``SEC. 1901. COORDINATION AND ENHANCEMENT OF CANINE PROTECTION TEAM
TRAINING.
``The Secretary shall--
``(1) fully coordinate the canine training programs of the
Department that support the Department's counter-terrorism,
counter-smuggling, transportation security, and border security
missions and other missions of the Department, including, with
respect to the research and development of new canine training
methods, the optimum number and type of training aids, and
measurements for efficiency and effectiveness;
``(2) ensure that the Department is maximizing its use of
existing training facilities and resources to train canines
throughout the year; and
``(3) coordinate the use of detection canines trained by
other Federal agencies, nonprofit organizations, universities,
and private training facilities in order to increase the number
of trained detection canines available to Federal, State, and
local law enforcement agencies.
``SEC. 1902. CANINE PROCUREMENT.
``The Secretary shall--
``(1) make it a priority to increase the number of
domestically bred canines used by the Department to assist in
its counter-terrorism mission, including the protection of
ports of entry and along the United States border;
``(2) increase the utilization of domestically bred canines
from universities and private and nonprofit sources in the
United States; and
``(3) consult with other Federal, State, and local
agencies, nonprofit organizations, universities, and private
entities that use detection canines, such as those
participating in the Scientific Working Group on Dog and
Orthogonal Detectors (popularly known as `SWGDOG'), as well as
the Office of Management and Budget, to encourage domestic
breeding of canines and consolidate canine procurement, where
possible, across the Federal Government to reduce the cost of
purchasing canines.
``SEC. 1903. DOMESTIC CANINE BREEDING GRANT PROGRAM.
``(a) Establishment of Program.--The Secretary shall establish a
competitive grant program for domestic breeders of canines. The purpose
of the grant program shall be to encourage the development and growth
of canine breeds that are best suited for detection training purposes
within the United States.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2011.
``SEC. 1904. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD.
``(a) Establishment of Accreditation Board.--
``(1) In general.--Not later than 180 days after the date
on which the national voluntary consensus standards referred to
in subsection (b)(1) are issued, the Secretary, in consultation
with the Secretary of Defense, the Secretary of State, and the
Attorney General, shall establish a Homeland Security Canine
Detection Accreditation Board to develop and implement a
process for certifying compliance with such standards.
``(2) Membership.--The membership of the Accreditation
Board shall consist of experts in the fields of canine training
and explosives detection from Federal and State agencies,
universities, other research institutions, and the private
sector, such as those represented on the Executive Board of
SWGDOG.
``(b) Accreditation Process.--The Accreditation Board shall
establish and implement a voluntary accreditation process to--
``(1) certify that persons conducting certification of
canine detection teams appropriately ensure that the canine
detection teams meet the national voluntary consensus standards
developed by SWGDOG;
``(2) ensure that canine detection teams do not put public
safety and the safety of law enforcement personnel at risk due
to fraud or weaknesses in the initial or maintenance training
curriculum; and
``(3) maintain and update a public list of entities
accredited by the Department to certify canine detection teams.
``(c) Compliance With Standards.--Beginning not later than the date
that is 180 days after the date on which the standards referred to in
subsection (b)(1) are issued, the Secretary shall require that grant
funds administered by the Department may not be used to acquire a
canine detection team unless--
``(1) the canine detection team is certified under the
process established under subsection (b); or
``(2) the Secretary determines that the applicant has shown
special circumstances that justify the acquisition of canines
that are not certified under the process established under
subsection (b).
``SEC. 1905. DEFINITIONS.
``In this subtitle:
``(1) Canine detection team.--The term `canine detection
team' means a canine and a canine handler.
``(2) Certifying entity.--The term `certifying entity'
means an entity that oversees the processes and procedures used
to train and test canine detection teams.
``(3) SWGDOG.--The term `SWGDOG' means the Scientific
Working Group of Dog and Orthogonal Detectors.''.
(2) Clerical amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the following:
``TITLE XIX--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``Sec. 1901. Coordination and enhancement of canine protection team
training.
``Sec. 1902. Canine procurement.
``Sec. 1903. Domestic canine breeding grant program.
``Sec. 1904. Homeland Security Canine Detection Accreditation Board.
``Sec. 1905. Definitions.''.
(3) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the plan of the Secretary
to coordinate and consolidate the canine training programs of
the Department of Homeland Security in accordance with section
1901 of the Homeland Security Act of 2002, as added by
paragraph (1).
SEC. 18. SHADOW WOLVES TRANSFER.
(a) Transfer of Existing Unit.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall transfer to United States Immigration and Customs Enforcement all
functions (including the personnel, assets, and liabilities
attributable to such functions) of the Customs Patrol Officer unit
operating on the Tohono O'odham Indian reservation (commonly known as
the ``Shadow Wolves'' unit).
(b) Establishment of New Units.--The Secretary is authorized to
establish within United States Immigration and Customs Enforcement
additional units of Customs Patrol Officers in accordance with this
section, as appropriate.
(c) Duties.--The Customs Patrol Officer unit transferred pursuant
to subsection (a), and additional units established pursuant to
subsection (b), shall operate on Indian lands by preventing the entry
into the United States of terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband.
(d) Basic Pay for Journeyman Officers.--A Customs Patrol Officer in
a unit described in this section shall receive equivalent pay as a
special agent with similar competencies within United States
Immigration and Customs Enforcement pursuant to the Department of
Homeland Security's Human Resources Management System established under
section 841 of the Homeland Security Act (6 U.S.C. 411).
(e) Supervisors.--Each unit described in this section shall be
supervised by a Chief Customs Patrol Officer, who shall have the same
rank as a resident agent-in-charge of the Office of Investigations
within United States Immigration and Customs Enforcement.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Management, Integration, and Oversight.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line