Chapter VIII: Section 510: of the Homeland Security Act of 2002 was redesignated (1)

as section 521 by section 611(7) of Public Law 109-295 (120 Stat.
1395).
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(b) Special Reserve Fund.--For purposes of the security
countermeasures program, the term ``special reserve fund''
means the ``Biodefense Countermeasures'' appropriations account
or any other appropriation made under subsection (a).
(c) Availability.--Amounts appropriated under subsection
(a) become available for a procurement under the security
countermeasures program only upon the approval by the President
of such availability for the procurement in accordance with
paragraph (6)(B) of such program.
(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, for the
hiring of professional personnel within the Office of
Intelligence and Analysis, 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.
(2) Intelligence sharing infrastructure.--For the
purpose of carrying out the acquisition and deployment
of secure facilities (including information technology
and physical infrastructure, whether mobile and
temporary, or permanent) sufficient to permit the
Secretary to receive, not later than 180 days after the
date of enactment of the Project BioShield Act of 2004,
all classified information and products to which the
Under Secretary for Intelligence and Analysis is
entitled under subtitle A of title II, there are
authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2004 through
2006.

SEC. 522. [6 U.S.C. 321K] MODEL STANDARDS AND GUIDELINES FOR CRITICAL
INFRASTRUCTURE WORKERS.

(a) In General.--Not later than 12 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be used by a State to credential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster. (b) Distribution and Assistance.--The Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to State, local, and tribal governments, and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other manmade disaster.

SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS.

(a) In General.--Consistent with their responsibilities and
authorities under law, as of the day before the date of the
enactment of this section, the Administrator and the Assistant
Secretary for Infrastructure Protection, in consultation with
the private sector, may develop guidance or recommendations and
identify best practices to assist or foster action by the
private sector in--
(1) identifying potential hazards and assessing
risks and impacts;
(2) mitigating the impact of a wide variety of
hazards, including weapons of mass destruction;
(3) managing necessary emergency preparedness and
response resources;
(4) developing mutual aid agreements;
(5) developing and maintaining emergency
preparedness and response plans, and associated
operational procedures;
(6) developing and conducting training and
exercises to support and evaluate emergency
preparedness and response plans and operational
procedures;
(7) developing and conducting training programs for
security guards to implement emergency preparedness and
response plans and operations procedures; and
(8) developing procedures to respond to requests
for information from the media or the public.
(b) Issuance and Promotion.--Any guidance or
recommendations developed or best practices identified under
subsection (a) shall be--
(1) issued through the Administrator; and
(2) promoted by the Secretary to the private
sector.
(c) Small Business Concerns.--In developing guidance or
recommendations or identifying best practices under subsection
(a), the Administrator and the Assistant Secretary for
Infrastructure Protection shall take into consideration small
business concerns (under the meaning given that term in section
3 of the Small Business Act (15 U.S.C. 632)), including any
need for separate guidance or recommendations or best
practices, as necessary and appropriate.
(d) Rule of Construction.--Nothing in this section may be
construed to supersede any requirement established under any
other provision of law.

SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS
ACCREDITATION AND CERTIFICATION PROGRAM.

(a) Establishment.--
(1) In general.--The Secretary, acting through the
officer designated under paragraph (2), shall establish
and implement the voluntary private sector preparedness
accreditation and certification program in accordance
with this section.
(2) Designation of officer.--The Secretary shall
designate an officer responsible for the accreditation
and certification program under this section. Such
officer (hereinafter referred to in this section as the
``designated officer'') shall be one of the following:
(A) The Administrator, based on
consideration of--
(i) the expertise of the
Administrator in emergency management
and preparedness in the United States;
and
(ii) the responsibilities of the
Administrator as the principal advisor
to the President for all matters
relating to emergency management in the
United States.
(B) The Assistant Secretary for
Infrastructure Protection, based on
consideration of the expertise of the Assistant
Secretary in, and responsibilities for--
(i) protection of critical
infrastructure;
(ii) risk assessment methodologies;
and
(iii) interacting with the private
sector on the issues described in
clauses (i) and (ii).
(C) The Under Secretary for Science and
Technology, based on consideration of the
expertise of the Under Secretary in, and
responsibilities associated with, standards.
(3) Coordination.--In carrying out the
accreditation and certification program under this
section, the designated officer shall coordinate with--
(A) the other officers of the Department
referred to in paragraph (2), using the
expertise and responsibilities of such
officers; and
(B) the Special Assistant to the Secretary
for the Private Sector, based on consideration
of the expertise of the Special Assistant in,
and responsibilities for, interacting with the
private sector.
(b) Voluntary Private Sector Preparedness Standards;
Voluntary Accreditation and Certification Program for the
Private Sector.--
(1) Accreditation and certification program.--Not
later than 210 days after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act
of 2007, the designated officer shall--
(A) begin supporting the development and
updating, as necessary, of voluntary
preparedness standards through appropriate
organizations that coordinate or facilitate the
development and use of voluntary consensus
standards and voluntary consensus standards
development organizations; and
(B) in consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
each private sector advisory council created
under section 102(f)(4), appropriate
representatives of State and local governments,
including emergency management officials, and
appropriate private sector advisory groups,
such as sector coordinating councils and
information sharing and analysis centers--
(i) develop and promote a program
to certify the preparedness of private
sector entities that voluntarily choose
to seek certification under the
program; and
(ii) implement the program under
this subsection through any entity with
which the designated officer enters
into an agreement under paragraph
(3)(A), which shall accredit third
parties to carry out the certification
process under this section.
(2) Program elements.--
(A) In general.--
(i) Program.--The program developed
and implemented under this subsection
shall assess whether a private sector
entity complies with voluntary
preparedness standards.
(ii) Guidelines.--In developing the
program under this subsection, the
designated officer shall develop
guidelines for the accreditation and
certification processes established
under this subsection.
(B) Standards.--The designated officer, in
consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, representatives of
appropriate voluntary consensus standards
development organizations, each private sector
advisory council created under section
102(f)(4), appropriate representatives of State
and local governments, including emergency
management officials, and appropriate private
sector advisory groups such as sector
coordinating councils and information sharing
and analysis centers--
(i) shall adopt one or more
appropriate voluntary preparedness
standards that promote preparedness,
which may be tailored to address the
unique nature of various sectors within
the private sector, as necessary and
appropriate, that shall be used in the
accreditation and certification program
under this subsection; and
(ii) after the adoption of one or
more standards under clause (i), may
adopt additional voluntary preparedness
standards or modify or discontinue the
use of voluntary preparedness standards
for the accreditation and certification
program, as necessary and appropriate
to promote preparedness.
(C) Submission of recommendations.--In
adopting one or more standards under
subparagraph (B), the designated officer may
receive recommendations from any entity
described in that subparagraph relating to
appropriate voluntary preparedness standards,
including appropriate sector specific
standards, for adoption in the program.
(D) Small business concerns.--The
designated officer and any entity with which
the designated officer enters into an agreement
under paragraph (3)(A) shall establish separate
classifications and methods of certification
for small business concerns (under the meaning
given that term in section 3 of the Small
Business Act (15 U.S.C. 632)) for the program
under this subsection.
(E) Considerations.--In developing and
implementing the program under this subsection,
the designated officer shall--
(i) consider the unique nature of
various sectors within the private
sector, including preparedness
standards, business continuity
standards, or best practices,
established--
(I) under any other
provision of Federal law; or
(II) by any sector-specific
agency, as defined under
Homeland Security Presidential
Directive-7; and
(ii) coordinate the program, as
appropriate, with--
(I) other Department
private sector related
programs; and
(II) preparedness and
business continuity programs in
other Federal agencies.
(3) Accreditation and certification processes.--
(A) Agreement.--
(i) In general.--Not later than 210
days after the date of enactment of the
Implementing Recommendations of the 9/
11 Commission Act of 2007, the
designated officer shall enter into one
or more agreements with a highly
qualified nongovernmental entity with
experience or expertise in coordinating
and facilitating the development and
use of voluntary consensus standards
and in managing or implementing
accreditation and certification
programs for voluntary consensus
standards, or a similarly qualified
private sector entity, to carry out
accreditations and oversee the
certification process under this
subsection. An entity entering into an
agreement with the designated officer
under this clause (hereinafter referred
to in this section as a ``selected
entity'') shall not perform
certifications under this subsection.
(ii) Contents.--A selected entity
shall manage the accreditation process
and oversee the certification process
in accordance with the program
established under this subsection and
accredit qualified third parties to
carry out the certification program
established under this subsection.
(B) Procedures and requirements for
accreditation and certification.--
(i) In general.--Any selected
entity shall collaborate to develop
procedures and requirements for the
accreditation and certification
processes under this subsection, in
accordance with the program established
under this subsection and guidelines
developed under paragraph (2)(A)(ii).
(ii) Contents and use.--The
procedures and requirements developed
under clause (i) shall--
(I) ensure reasonable
uniformity in any accreditation
and certification processes if
there is more than one selected
entity; and
(II) be used by any
selected entity in conducting
accreditations and overseeing
the certification process under
this subsection.
(iii) Disagreement.--Any
disagreement among selected entities in
developing procedures under clause (i)
shall be resolved by the designated
officer.
(C) Designation.--A selected entity may
accredit any qualified third party to carry out
the certification process under this
subsection.
(D) Disadvantaged business involvement.--In
accrediting qualified third parties to carry
out the certification process under this
subsection, a selected entity shall ensure, to
the extent practicable, that the third parties
include qualified small, minority, women-owned,
or disadvantaged business concerns when
appropriate. The term ``disadvantaged business
concern'' means a small business that is owned
and controlled by socially and economically
disadvantaged individuals, as defined in
section 124 of title 13, United States Code of
Federal Regulations.
(E) Treatment of other certifications.--At
the request of any entity seeking
certification, any selected entity may
consider, as appropriate, other relevant
certifications acquired by the entity seeking
certification. If the selected entity
determines that such other certifications are
sufficient to meet the certification
requirement or aspects of the certification
requirement under this section, the selected
entity may give credit to the entity seeking
certification, as appropriate, to avoid
unnecessarily duplicative certification
requirements.
(F) Third parties.--To be accredited under
subparagraph (C), a third party shall--
(i) demonstrate that the third
party has the ability to certify
private sector entities in accordance
with the procedures and requirements
developed under subparagraph (B);
(ii) agree to perform
certifications in accordance with such
procedures and requirements;
(iii) agree not to have any
beneficial interest in or any direct or
indirect control over--
(I) a private sector entity
for which that third party
conducts a certification under
this subsection; or
(II) any organization that
provides preparedness
consulting services to private
sector entities;
(iv) agree not to have any other
conflict of interest with respect to
any private sector entity for which
that third party conducts a
certification under this subsection;
(v) maintain liability insurance
coverage at policy limits in accordance
with the requirements developed under
subparagraph (B); and
(vi) enter into an agreement with
the selected entity accrediting that
third party to protect any proprietary
information of a private sector entity
obtained under this subsection.
(G) Monitoring.--
(i) In general.--The designated
officer and any selected entity shall
regularly monitor and inspect the
operations of any third party
conducting certifications under this
subsection to ensure that the third
party is complying with the procedures
and requirements established under
subparagraph (B) and all other
applicable requirements.
(ii) Revocation.--If the designated
officer or any selected entity
determines that a third party is not
meeting the procedures or requirements
established under subparagraph (B), the
selected entity shall--
(I) revoke the
accreditation of that third
party to conduct certifications
under this subsection; and
(II) review any
certification conducted by that
third party, as necessary and
appropriate.
(4) Annual review.--
(A) In general.--The designated officer, in
consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary
consensus standards, appropriate voluntary
consensus standards development organizations,
appropriate representatives of State and local
governments, including emergency management
officials, and each private sector advisory
council created under section 102(f)(4), shall
annually review the voluntary accreditation and
certification program established under this
subsection to ensure the effectiveness of such
program (including the operations and
management of such program by any selected
entity and the selected entity's inclusion of
qualified disadvantaged business concerns under
paragraph (3)(D)) and make improvements and
adjustments to the program as necessary and
appropriate.
(B) Review of standards.--Each review under
subparagraph (A) shall include an assessment of
the voluntary preparedness standard or
standards used in the program under this
subsection.
(5) Voluntary participation.--Certification under
this subsection shall be voluntary for any private
sector entity.
(6) Public listing.--The designated officer shall
maintain and make public a listing of any private
sector entity certified as being in compliance with the
program established under this subsection, if that
private sector entity consents to such listing.
(c) Rule of Construction.--Nothing in this section may be
construed as--
(1) a requirement to replace any preparedness,
emergency response, or business continuity standards,
requirements, or best practices established--
(A) under any other provision of federal
law; or
(B) by any sector-specific agency, as those
agencies are defined under Homeland Security
Presidential Directive-7; or
(2) exempting any private sector entity seeking
certification or meeting certification requirements
under subsection (b) from compliance with all
applicable statutes, regulations, directives, policies,
and industry codes of practice.

TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

SEC. 601. [6 U.S.C. 331] TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF
THE ARMED FORCES OF THE UNITED STATES AND OTHER
GOVERNMENTAL ORGANIZATIONS.

(a) Findings.--Congress finds the following:
(1) Members of the Armed Forces of the United
States defend the freedom and security of our Nation.
(2) Members of the Armed Forces of the United
States have lost their lives while battling the evils
of terrorism around the world.
(3) Personnel of the Central Intelligence Agency
(CIA) charged with the responsibility of covert
observation of terrorists around the world are often
put in harm's way during their service to the United
States.
(4) Personnel of the Central Intelligence Agency
have also lost their lives while battling the evils of
terrorism around the world.
(5) Employees of the Federal Bureau of
Investigation (FBI) and other Federal agencies charged
with domestic protection of the United States put their
lives at risk on a daily basis for the freedom and
security of our Nation.
(6) United States military personnel, CIA
personnel, FBI personnel, and other Federal agents in
the service of the United States are patriots of the
highest order.
(7) CIA officer Johnny Micheal Spann became the
first American to give his life for his country in the
War on Terrorism declared by President George W. Bush
following the terrorist attacks of September 11, 2001.
(8) Johnny Micheal Spann left behind a wife and
children who are very proud of the heroic actions of
their patriot father.
(9) Surviving dependents of members of the Armed
Forces of the United States who lose their lives as a
result of terrorist attacks or military operations
abroad receive a $6,000 death benefit, plus a small
monthly benefit.
(10) The current system of compensating spouses and
children of American patriots is inequitable and needs
improvement.
(b) Designation of Johnny Micheal Spann Patriot Trusts.--
Any charitable corporation, fund, foundation, or trust (or
separate fund or account thereof) which otherwise meets all
applicable requirements under law with respect to charitable
entities and meets the requirements described in subsection (c)
shall be eligible to characterize itself as a ``Johnny Micheal
Spann Patriot Trust''.
(c) Requirements for the Designation of Johnny Micheal
Spann Patriot Trusts.--The requirements described in this
subsection are as follows:
(1) Not taking into account funds or donations
reasonably necessary to establish a trust, at least 85
percent of all funds or donations (including any
earnings on the investment of such funds or donations)
received or collected by any Johnny Micheal Spann
Patriot Trust must be distributed to (or, if placed in
a private foundation, held in trust for) surviving
spouses, children, or dependent parents, grandparents,
or siblings of 1 or more of the following:
(A) members of the Armed Forces of the
United States;
(B) personnel, including contractors, of
elements of the intelligence community, as
defined in section 3(4) of the National
Security Act of 1947;
(C) employees of the Federal Bureau of
Investigation; and
(D) officers, employees, or contract
employees of the United States Government,
whose deaths occur in the line of duty and arise out of
terrorist attacks, military operations, intelligence
operations, or law enforcement operations or accidents
connected with activities occurring after September 11,
2001, and related to domestic or foreign efforts to
curb international terrorism, including the
Authorization for Use of Military Force (Public Law
107-40; 115 Stat. 224).
(2) Other than funds or donations reasonably
necessary to establish a trust, not more than 15
percent of all funds or donations (or 15 percent of
annual earnings on funds invested in a private
foundation) may be used for administrative purposes.
(3) No part of the net earnings of any Johnny
Micheal Spann Patriot Trust may inure to the benefit of
any individual based solely on the position of such
individual as a shareholder, an officer or employee of
such Trust.
(4) None of the activities of any Johnny Micheal
Spann Patriot Trust shall be conducted in a manner
inconsistent with any law that prohibits attempting to
influence legislation.
(5) No Johnny Micheal Spann Patriot Trust may
participate in or intervene in any political campaign
on behalf of (or in opposition to) any candidate for
public office, including by publication or distribution
of statements.
(6) Each Johnny Micheal Spann Patriot Trust shall
comply with the instructions and directions of the
Director of Central Intelligence, the Attorney General,
or the Secretary of Defense relating to the protection
of intelligence sources and methods, sensitive law
enforcement information, or other sensitive national
security information, including methods for
confidentially disbursing funds.
(7) Each Johnny Micheal Spann Patriot Trust that
receives annual contributions totaling more than
$1,000,000 must be audited annually by an independent
certified public accounting firm. Such audits shall be
filed with the Internal Revenue Service, and shall be
open to public inspection, except that the conduct,
filing, and availability of the audit shall be
consistent with the protection of intelligence sources
and methods, of sensitive law enforcement information,
and of other sensitive national security information.
(8) Each Johnny Micheal Spann Patriot Trust shall
make distributions to beneficiaries described in
paragraph (1) at least once every calendar year,
beginning not later than 12 months after the formation
of such Trust, and all funds and donations received and
earnings not placed in a private foundation dedicated
to such beneficiaries must be distributed within 36
months after the end of the fiscal year in which such
funds, donations, and earnings are received.
(9)(A) When determining the amount of a
distribution to any beneficiary described in paragraph
(1), a Johnny Micheal Spann Patriot Trust should take
into account the amount of any collateral source
compensation that the beneficiary has received or is
entitled to receive as a result of the death of an
individual described in paragraph (1).
(B) Collateral source compensation includes all
compensation from collateral sources, including life
insurance, pension funds, death benefit programs, and
payments by Federal, State, or local governments
related to the death of an individual described in
paragraph (1).
(d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each
Johnny Micheal Spann Patriot Trust shall refrain from
conducting the activities described in clauses (i) and (ii) of
section 301(20)(A) of the Federal Election Campaign Act of 1971
so that a general solicitation of funds by an individual
described in paragraph (1) of section 323(e) of such Act will
be permissible if such solicitation meets the requirements of
paragraph (4)(A) of such section.
(e) Notification of Trust Beneficiaries.--Notwithstanding
any other provision of law, and in a manner consistent with the
protection of intelligence sources and methods and sensitive
law enforcement information, and other sensitive national
security information, the Secretary of Defense, the Director of
the Federal Bureau of Investigation, or the Director of Central
Intelligence, or their designees, as applicable, may forward
information received from an executor, administrator, or other
legal representative of the estate of a decedent described in
subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a
Johnny Micheal Spann Patriot Trust on how to contact
individuals eligible for a distribution under subsection (c)(1)
for the purpose of providing assistance from such Trust:
Provided, That, neither forwarding nor failing to forward any
information under this subsection shall create any cause of
action against any Federal department, agency, officer, agent,
or employee.
(f) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Attorney General, the Director of the
Federal Bureau of Investigation, and the Director of Central
Intelligence, shall prescribe regulations to carry out this
section.

TITLE VII--MANAGEMENT

SEC. 701. [6 U.S.C. 341] UNDER SECRETARY FOR MANAGEMENT.

(a) In General.--The Under Secretary for Management shall
serve as the Chief Management Officer and principal advisor to
the Secretary on matters related to the management of the
Department, including management integration and transformation
in support of homeland security operations and programs. The
Secretary, acting through the Under Secretary for Management,
shall be responsible for the management and administration of
the Department, including the following:
(1) The budget, appropriations, expenditures of
funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications
systems.
(5) Facilities, property, equipment, and other
material resources.
(6) Security for personnel, information technology
and communications systems, facilities, property,
equipment, and other material resources.
(7) Strategic management planning and annual
performance planning and identification and tracking of
performance measures relating to the responsibilities
of the Department.
(8) Grants and other assistance management
programs.
(9) The management integration and transformation
process, as well as the transition process, to ensure
an efficient and orderly consolidation of functions and
personnel in the Department and transition, including--
(A) the development of a management
integration strategy for the Department, and
(B) before December 1 of any year in which
a Presidential election is held, the
development of a transition and succession
plan, to be made available to the incoming
Secretary and Under Secretary for Management,
to guide the transition of management functions
to a new Administration.
(10) The conduct of internal audits and management
analyses of the programs and activities of the
Department.
(11) Any other management duties that the Secretary
may designate.
(b) Immigration.--
(1) In general.--In addition to the
responsibilities described in subsection (a), the Under
Secretary for Management shall be responsible for the
following:
(A) Maintenance of all immigration
statistical information of the Bureau of Border
Security and the Bureau of Citizenship and
Immigration Services. Such statistical
information shall include information and
statistics of the type contained in the
publication entitled ``Statistical Yearbook of
the Immigration and Naturalization Service''
prepared by the Immigration and Naturalization
Service (as in effect immediately before the
date on which the transfer of functions
specified under section 441 takes effect),
including region-by-region statistics on the
aggregate number of applications and petitions
filed by an alien (or filed on behalf of an
alien) and denied by such bureau, and the
reasons for such denials, disaggregated by
category of denial and application or petition
type.
(B) Establishment of standards of
reliability and validity for immigration
statistics collected by such bureaus.
(2) Transfer of functions.--In accordance with
title XV, there shall be transferred to the Under
Secretary for Management all functions performed
immediately before such transfer occurs by the
Statistics Branch of the Office of Policy and Planning
of the Immigration and Naturalization Service with
respect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(F) Adjudication of immigrant visa
petitions.
(G) Adjudication of naturalization
petitions.
(H) Adjudication of asylum and refugee
applications.
(I) Adjudications performed at service
centers.
(J) All other adjudications performed by
the Immigration and Naturalization Service.
(c) Appointment and Evaluation.--The Under Secretary for
Management shall--
(1) be appointed by the President, by and with the
advice and consent of the Senate, from among persons
who have--
(A) extensive executive level leadership
and management experience in the public or
private sector;
(B) strong leadership skills;
(C) a demonstrated ability to manage large
and complex organizations; and
(D) a proven record in achieving positive
operational results;
(2) enter into an annual performance agreement with
the Secretary that shall set forth measurable
individual and organizational goals; and
(3) be subject to an annual performance evaluation
by the Secretary, who shall determine as part of each
such evaluation whether the Under Secretary for
Management has made satisfactory progress toward
achieving the goals set out in the performance
agreement required under paragraph (2).

SEC. 702. [6 U.S.C. 342] CHIEF FINANCIAL OFFICER.

(a) In General.--The Chief Financial Officer shall perform
functions as specified in chapter 9 of title 31, United States
Code, and, with respect to all such functions and other
responsibilities that may be assigned to the Chief Financial
Officer from time to time, shall also report to the Under
Secretary for Management.
(b) Program Analysis and Evaluation Function.--
(1) Establishment of office of program analysis and
evaluation.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall
establish an Office of Program Analysis and Evaluation
within the Department (in this section referred to as
the ``Office'').
(2) Responsibilities.--The Office shall perform the
following functions:
(A) Analyze and evaluate plans, programs,
and budgets of the Department in relation to
United States homeland security objectives,
projected threats, vulnerability assessments,
estimated costs, resource constraints, and the
most recent homeland security strategy
developed pursuant to section 874(b)(2).
(B) Develop and perform analyses and
evaluations of alternative plans, programs,
personnel levels, and budget submissions for
the Department in relation to United States
homeland security objectives, projected
threats, vulnerability assessments, estimated
costs, resource constraints, and the most
recent homeland security strategy developed
pursuant to section 874(b)(2).
(C) Establish policies for, and oversee the
integration of, the planning, programming, and
budgeting system of the Department.
(D) Review and ensure that the Department
meets performance-based budget requirements
established by the Office of Management and
Budget.
(E) Provide guidance for, and oversee the
development of, the Future Years Homeland
Security Program of the Department, as
specified under section 874.
(F) Ensure that the costs of Department
programs, including classified programs, are
presented accurately and completely.
(G) Oversee the preparation of the annual
performance plan for the Department and the
program and performance section of the annual
report on program performance for the
Department, consistent with sections 1115 and
1116, respectively, of title 31, United States
Code.
(H) Provide leadership in developing and
promoting improved analytical tools and methods
for analyzing homeland security planning and
the allocation of resources.
(I) Any other responsibilities delegated by
the Secretary consistent with an effective
program analysis and evaluation function.
(3) Director of program analysis and evaluation.--
There shall be a Director of Program Analysis and
Evaluation, who--
(A) shall be a principal staff assistant to
the Chief Financial Officer of the Department
for program analysis and evaluation; and
(B) shall report to an official no lower
than the Chief Financial Officer.
(4) Reorganization.--
(A) In general.--The Secretary may allocate
or reallocate the functions of the Office, or
discontinue the Office, in accordance with
section 872(a).
(B) Exemption from limitations.--Section
872(b) shall not apply to any action by the
Secretary under this paragraph.
(c) Notification Regarding Transfer or Reprogramming of
Funds.--In any case in which appropriations available to the
Department or any officer of the Department are transferred or
reprogrammed and notice of such transfer or reprogramming is
submitted to the Congress (including any officer, office, or
Committee of the Congress), the Chief Financial Officer of the
Department shall simultaneously submit such notice to the
Select Committee on Homeland Security (or any successor to the
jurisdiction of that committee) and the Committee on Government
Reform of the House of Representatives, and to the Committee on
Governmental Affairs of the Senate.

SEC. 703. [6 U.S.C. 343] CHIEF INFORMATION OFFICER.

(a) In General.--The Chief Information Officer shall report
to the Secretary, or to another official of the Department, as
the Secretary may direct.
(b) Geospatial Information Functions.--
(1) Definitions.--As used in this subsection:
(A) Geospatial information.--The term
``geospatial information'' means graphical or
digital data depicting natural or manmade
physical features, phenomena, or boundaries of
the earth and any information related thereto,
including surveys, maps, charts, remote sensing
data, and images.
(B) Geospatial technology.--The term
``geospatial technology'' means any technology
utilized by analysts, specialists, surveyors,
photogrammetrists, hydrographers, geodesists,
cartographers, architects, or engineers for the
collection, storage, retrieval, or
dissemination of geospatial information,
including--
(i) global satellite surveillance
systems;
(ii) global position systems;
(iii) geographic information
systems;
(iv) mapping equipment;
(v) geocoding technology; and
(vi) remote sensing devices.
(2) Office of geospatial management.--
(A) Establishment.--The Office of
Geospatial Management is established within the
Office of the Chief Information Officer.
(B) Geospatial information officer.--
(i) Appointment.--The Office of
Geospatial Management shall be
administered by the Geospatial
Information Officer, who shall be
appointed by the Secretary and serve
under the direction of the Chief
Information Officer.
(ii) Functions.--The Geospatial
Information Officer shall assist the
Chief Information Officer in carrying
out all functions under this section
and in coordinating the geospatial
information needs of the Department.
(C) Coordination of geospatial
information.--The Chief Information Officer
shall establish and carry out a program to
provide for the efficient use of geospatial
information, which shall include--
(i) providing such geospatial
information as may be necessary to
implement the critical infrastructure
protection programs;
(ii) providing leadership and
coordination in meeting the geospatial
information requirements of those
responsible for planning, prevention,
mitigation, assessment and response to
emergencies, critical infrastructure
protection, and other functions of the
Department; and
(iii) coordinating with users of
geospatial information within the
Department to assure interoperability
and prevent unnecessary duplication.
(D) Responsibilities.--In carrying out this
subsection, the responsibilities of the Chief
Information Officer shall include--
(i) coordinating the geospatial
information needs and activities of the
Department;
(ii) implementing standards, as
adopted by the Director of the Office
of Management and Budget under the
processes established under section 216
of the E-Government Act of 2002 (44
U.S.C. 3501 note), to facilitate the
interoperability of geospatial
information pertaining to homeland
security among all users of such
information within--
(I) the Department;
(II) State and local
government; and
(III) the private sector;
(iii) coordinating with the Federal
Geographic Data Committee and carrying
out the responsibilities of the
Department pursuant to Office of
Management and Budget Circular A-16 and
Executive Order 12906; and
(iv) making recommendations to the
Secretary and the Executive Director of
the Office for State and Local
Government Coordination and
Preparedness on awarding grants to--
(I) fund the creation of
geospatial data; and
(II) execute information
sharing agreements regarding
geospatial data with State,
local, and tribal governments.
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection for each fiscal
year.

SEC. 704. [6 U.S.C. 344] CHIEF HUMAN CAPITAL OFFICER.

The Chief Human Capital Officer shall report to the
Secretary, or to another official of the Department, as the
Secretary may direct and shall ensure that all employees of the
Department are informed of their rights and remedies under
chapters 12 and 23 of title 5, United States Code, by--
(1) participating in the 2302(c) Certification
Program of the Office of Special Counsel;
(2) achieving certification from the Office of
Special Counsel of the Department's compliance with
section 2302(c) of title 5, United States Code; and
(3) informing Congress of such certification not
later than 24 months after the date of enactment of
this Act.

SEC. 705. [6 U.S.C. 345] ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND
CIVIL LIBERTIES.

(a) In General.--The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary, shall--
(1) review and assess information concerning abuses
of civil rights, civil liberties, and profiling on the
basis of race, ethnicity, or religion, by employees and
officials of the Department;
(2) make public through the Internet, radio,
television, or newspaper advertisements information on
the responsibilities and functions of, and how to
contact, the Officer;
(3) assist the Secretary, directorates, and offices
of the Department to develop, implement, and
periodically review Department policies and procedures
to ensure that the protection of civil rights and civil
liberties is appropriately incorporated into Department
programs and activities;
(4) oversee compliance with constitutional,
statutory, regulatory, policy, and other requirements
relating to the civil rights and civil liberties of
individuals affected by the programs and activities of
the Department;
(5) coordinate with the Privacy Officer to ensure
that--
(A) programs, policies, and procedures
involving civil rights, civil liberties, and
privacy considerations are addressed in an
integrated and comprehensive manner; and
(B) Congress receives appropriate reports
regarding such programs, policies, and
procedures; and
(6) investigate complaints and information
indicating possible abuses of civil rights or civil
liberties, unless the Inspector General of the
Department determines that any such complaint or
information should be investigated by the Inspector
General.
(b) Report.--The Secretary shall submit to the
President of the Senate, the Speaker of the House of
Representatives, and the appropriate committees and
subcommittees of Congress on an annual basis a report
on the implementation of this section, including the
use of funds appropriated to carry out this section,
and detailing any allegations of abuses described under
subsection (a)(1) and any actions taken by the
Department in response to such allegations.

SEC. 706. [6 U.S.C. 346] CONSOLIDATION AND CO-LOCATION OF OFFICES.

Not later than 1 year after the date of the enactment of
this Act, the Secretary shall develop and submit to Congress a
plan for consolidating and co-locating--
(1) any regional offices or field offices of
agencies that are transferred to the Department under
this Act, if such officers are located in the same
municipality; and
(2) portions of regional and field offices of other
Federal agencies, to the extent such offices perform
functions that are transferred to the Secretary under
this Act.

SEC. 707. [6 U.S.C. 347] QUADRENNIAL HOMELAND SECURITY REVIEW.

(a) Requirement.--
(1) Quadrennial reviews required.--In fiscal year
2009, and every 4 years thereafter, the Secretary shall
conduct a review of the homeland security of the Nation
(in this section referred to as a ``quadrennial
homeland security review'').
(2) Scope of reviews.--Each quadrennial homeland
security review shall be a comprehensive examination of
the homeland security strategy of the Nation, including
recommendations regarding the long-term strategy and
priorities of the Nation for homeland security and
guidance on the programs, assets, capabilities, budget,
policies, and authorities of the Department.
(3) Consultation.--The Secretary shall conduct each
quadrennial homeland security review under this
subsection in consultation with--
(A) the heads of other Federal agencies,
including the Attorney General, the Secretary
of State, the Secretary of Defense, the
Secretary of Health and Human Services, the
Secretary of the Treasury, the Secretary of
Agriculture, and the Director of National
Intelligence;
(B) key officials of the Department; and
(C) other relevant governmental and
nongovernmental entities, including State,
local, and tribal government officials, members
of Congress, private sector representatives,
academics, and other policy experts.
(4) Relationship with future years homeland
security program.--The Secretary shall ensure that each
review conducted under this section is coordinated with
the Future Years Homeland Security Program required
under section 874.
(b) Contents of Review.--In each quadrennial homeland
security review, the Secretary shall--
(1) delineate and update, as appropriate, the
national homeland security strategy, consistent with
appropriate national and Department strategies,
strategic plans, and Homeland Security Presidential
Directives, including the National Strategy for
Homeland Security, the National Response Plan, and the
Department Security Strategic Plan;
(2) outline and prioritize the full range of the
critical homeland security mission areas of the Nation;
(3) describe the interagency cooperation,
preparedness of Federal response assets,
infrastructure, budget plan, and other elements of the
homeland security program and policies of the Nation
associated with the national homeland security
strategy, required to execute successfully the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
(4) identify the budget plan required to provide
sufficient resources to successfully execute the full
range of missions called for in the national homeland
security strategy described in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2);
(5) include an assessment of the organizational
alignment of the Department with the national homeland
security strategy referred to in paragraph (1) and the
homeland security mission areas outlined under
paragraph (2); and
(6) review and assess the effectiveness of the
mechanisms of the Department for executing the process
of turning the requirements developed in the
quadrennial homeland security review into an
acquisition strategy and expenditure plan within the
Department.
(c) Reporting.--
(1) In general.--Not later than December 31 of the
year in which a quadrennial homeland security review is
conducted, the Secretary shall submit to Congress a
report regarding that quadrennial homeland security
review.
(2) Contents of report.--Each report submitted
under paragraph (1) shall include--
(A) the results of the quadrennial homeland
security review;
(B) a description of the threats to the
assumed or defined national homeland security
interests of the Nation that were examined for
the purposes of that review;
(C) the national homeland security
strategy, including a prioritized list of the
critical homeland security missions of the
Nation;
(D) a description of the interagency
cooperation, preparedness of Federal response
assets, infrastructure, budget plan, and other
elements of the homeland security program and
policies of the Nation associated with the
national homeland security strategy, required
to execute successfully the full range of
missions called for in the applicable national
homeland security strategy referred to in
subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2);
(E) an assessment of the organizational
alignment of the Department with the applicable
national homeland security strategy referred to
in subsection (b)(1) and the homeland security
mission areas outlined under subsection (b)(2),
including the Department's organizational
structure, management systems, budget and
accounting systems, human resources systems,
procurement systems, and physical and technical
infrastructure;
(F) a discussion of the status of
cooperation among Federal agencies in the
effort to promote national homeland security;
(G) a discussion of the status of
cooperation between the Federal Government and
State, local, and tribal governments in
preventing terrorist attacks and preparing for
emergency response to threats to national
homeland security;
(H) an explanation of any underlying
assumptions used in conducting the review; and
(I) any other matter the Secretary
considers appropriate.
(3) Public availability.--The Secretary shall,
consistent with the protection of national security and
other sensitive matters, make each report submitted
under paragraph (1) publicly available on the Internet
website of the Department.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

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

Subtitle A--Coordination with Non-Federal Entities

SEC. 801. [6 U.S.C. 361] OFFICE FOR STATE AND LOCAL GOVERNMENT
COORDINATION.

(a) Establishment.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination, to oversee and coordinate departmental programs
for and relationships with State and local governments.
(b) Responsibilities.--The Office established under
subsection (a) shall--
(1) coordinate the activities of the Department
relating to State and local government;
(2) assess, and advocate for, the resources needed
by State and local government to implement the national
strategy for combating terrorism;
(3) provide State and local government with regular
information, research, and technical support to assist
local efforts at securing the homeland; and
(4) develop a process for receiving meaningful
input from State and local government to assist the
development of the national strategy for combating
terrorism and other homeland security activities.

Subtitle B--Inspector General

[SEC. 811. REPEALED]

* * * * * * *

SEC. 812. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.

(a) * * *
* * * * * * *
(b) [5 U.S.C. app. 6 note] Promulgation of Initial
Guidelines.--
(1) Definition.--In this subsection, the term
``memoranda of understanding'' means the agreements
between the Department of Justice and the Inspector
General offices described under section 6(e)(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as added
by subsection (a) of this section) that--
(A) are in effect on the date of enactment
of this Act; and
(B) authorize such offices to exercise
authority that is the same or similar to the
authority under section 6(e)(1) of such Act.
(2) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General
shall promulgate guidelines under section 6(e)(4) of
the Inspector General Act of 1978 (5 U.S.C. App.) (as
added by subsection (a) of this section) applicable to
the Inspector General offices described under section
6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines
promulgated under this subsection shall include, at a
minimum, the operational and training requirements in
the memoranda of understanding.
(4) No lapse of authority.--The memoranda of
understanding in effect on the date of enactment of
this Act shall remain in effect until the guidelines
promulgated under this subsection take effect.
(c) [5 U.S.C. app. 6 note] Effective Dates.--
(1) In general.--Subsection (a) shall take effect
180 days after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take
effect on the date of enactment of this Act.

Subtitle C--United States Secret Service

SEC. 821. [6 U.S.C. 381] FUNCTIONS TRANSFERRED.

In accordance with title XV, there shall be transferred to the Secretary the functions, personnel, assets, and obligations of the United States Secret Service, which shall be maintained as a distinct entity within the Department, including the functions of the Secretary of the Treasury relating thereto.

Subtitle D--Acquisitions

SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS.

(a) Authority.--Until September 30, 2009 and subject to
subsection (d), the Secretary may carry out a pilot program
under which the Secretary may exercise the following
authorities:
(1) In general.--When the Secretary carries out
basic, applied, and advanced research and development
projects, including the expenditure of funds for such
projects, the Secretary may exercise the same authority
(subject to the same limitations and conditions) with
respect to such research and projects as the Secretary
of Defense may exercise under section 2371 of title 10,
United States Code (except for subsections (b) and
(f)), after making a determination that the use of a
contract, grant, or cooperative agreement for such
project is not feasible or appropriate. The annual
report required under subsection (b) of this section,
as applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the
Speaker of the House of Representatives.
(2) Prototype projects.--The Secretary may, under
the authority of paragraph (1), carry out prototype
projects in accordance with the requirements and
conditions provided for carrying out prototype projects
under section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160). In
applying the authorities of that section 845,
subsection (c) of that section shall apply with respect
to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary
of Defense under subsection (d) thereof.
(b) Report.--Not later than 2 years after the effective
date of this Act, and annually thereafter, the Comptroller
General shall report to the Committee on Government Reform of
the House of Representatives and the Committee on Governmental
Affairs of the Senate on--
(1) whether use of the authorities described in
subsection (a) attracts nontraditional Government
contractors and results in the acquisition of needed
technologies; and
(2) if such authorities were to be made permanent,
whether additional safeguards are needed with respect
to the use of such authorities.
(c) Procurement of Temporary and Intermittent Services.--
The Secretary may--
(1) procure the temporary or intermittent services
of experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United
States Code; and
(2) whenever necessary due to an urgent homeland
security need, procure temporary (not to exceed 1 year)
or intermittent personal services, including the
services of experts or consultants (or organizations
thereof), without regard to the pay limitations of such
section 3109.
(d) Additional Requirements.--
(1) In general.--The authority of the Secretary
under this section shall terminate September 30, 2009,
unless before that date the Secretary--
(A) issues policy guidance detailing the
appropriate use of that authority; and
(B) provides training to each employee that
is authorized to exercise that authority.
(2) Report.--The Secretary shall provide an annual
report to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives detailing the projects for
which the authority granted by subsection (a) was used,
the rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.
(e) Definition of Nontraditional Government Contractor.--In
this section, the term ``nontraditional Government contractor''
has the same meaning as the term ``nontraditional defense
contractor'' as defined in section 845(e) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note).

SEC. 832. [6 U.S.C. 392] PERSONAL SERVICES.

The Secretary--
(1) may procure the temporary or intermittent
services of experts or consultants (or organizations
thereof) in accordance with section 3109 of title 5,
United States Code; and
(2) may, whenever necessary due to an urgent
homeland security need, procure temporary (not to
exceed 1 year) or intermittent personal services,
including the services of experts or consultants (or
organizations thereof), without regard to the pay
limitations of such section 3109.

SEC. 833. [6 U.S.C. 393] SPECIAL STREAMLINED ACQUISITION AUTHORITY.

(a) Authority.--
(1) In general.--The Secretary may use the
authorities set forth in this section with respect to
any procurement made during the period beginning on the
effective date of this Act and ending September 30,
2007, if the Secretary determines in writing that the
mission of the Department (as described in section 101)
would be seriously impaired without the use of such
authorities.
(2) Delegation.--The authority to make the
determination described in paragraph (1) may not be
delegated by the Secretary to an officer of the
Department who is not appointed by the President with
the advice and consent of the Senate.
(3) Notification.--Not later than the date that is
7 days after the date of any determination under
paragraph (1), the Secretary shall submit to the
Committee on Government Reform of the House of
Representatives and the Committee on Governmental
Affairs of the Senate--
(A) notification of such determination; and
(B) the justification for such determination.
(b) Increased Micro-Purchase Threshold For Certain
Procurements.--
(1) In general.--The Secretary may designate
certain employees of the Department to make
procurements described in subsection (a) for which in
the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) the
amount specified in subsections (c), (d), and (f) of
such section 32 shall be deemed to be $7,500.
(2) Number of employees.--The number of employees
designated under paragraph (1) shall be--
(A) fewer than the number of employees of
the Department who are authorized to make
purchases without obtaining competitive
quotations, pursuant to section 32(c) of the
Office of Federal Procurement Policy Act (41
U.S.C. 428(c));
(B) sufficient to ensure the geographic
dispersal of the availability of the use of the
procurement authority under such paragraph at
locations reasonably considered to be potential
terrorist targets; and
(C) sufficiently limited to allow for the
careful monitoring of employees designated
under such paragraph.
(3) Review.--Procurements made under the authority
of this subsection shall be subject to review by a
designated supervisor on not less than a monthly basis.
The supervisor responsible for the review shall be
responsible for no more than 7 employees making
procurements under this subsection.
(c) Simplified Acquisition Procedures.--
(1) In general.--With respect to a procurement
described in subsection (a), the Secretary may deem the
simplified acquisition threshold referred to in section
4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)) to be--
(A) in the case of a contract to be awarded
and performed, or purchase to be made, within
the United States, $200,000; and
(B) in the case of a contract to be awarded
and performed, or purchase to be made, outside
of the United States, $300,000.
* * * * * * *
(d) Application of Certain Commercial Items Authorities.--
(1) In general.--With respect to a procurement
described in subsection (a), the Secretary may deem any
item or service to be a commercial item for the purpose
of Federal procurement laws.
(2) Limitation.--The $5,000,000 limitation provided
in section 31(a)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 427(a)(2)) and
section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall be deemed to be $7,500,000 for
purposes of property or services under the authority of
this subsection.
(3) Certain authority.--Authority under a provision
of law referred to in paragraph (2) that expires under
section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 10 U.S.C.
2304 note) shall, notwithstanding such section,
continue to apply for a procurement described in
subsection (a).
(e) Report.--Not later than 180 days after the end of
fiscal year 2005, the Comptroller General shall submit to the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of Representatives
a report on the use of the authorities provided in this
section. The report shall contain the following:
(1) An assessment of the extent to which property
and services acquired using authorities provided under
this section contributed to the capacity of the Federal
workforce to facilitate the mission of the Department
as described in section 101.
(2) An assessment of the extent to which prices for
property and services acquired using authorities
provided under this section reflected the best value.
(3) The number of employees designated by each
executive agency under subsection (b)(1).
(4) An assessment of the extent to which the
Department has implemented subsections (b)(2) and
(b)(3) to monitor the use of procurement authority by
employees designated under subsection (b)(1).
(5) Any recommendations of the Comptroller General
for improving the effectiveness of the implementation
of the provisions of this section.

SEC. 834. [6 U.S.C. 394] UNSOLICITED PROPOSALS.

(a) Regulations Required.--Within 1 year of the date of
enactment of this Act, the Federal Acquisition Regulation shall
be revised to include regulations with regard to unsolicited
proposals.
(b) Content of Regulations.--The regulations prescribed
under subsection (a) shall require that before initiating a
comprehensive evaluation, an agency contact point shall
consider, among other factors, that the proposal--
(1) is not submitted in response to a previously
published agency requirement; and
(2) contains technical and cost information for
evaluation and overall scientific, technical or
socioeconomic merit, or cost-related or price-related
factors.

SEC. 835. [6 U.S.C. 395] PROHIBITION ON CONTRACTS WITH CORPORATE
EXPATRIATES.