II 

110TH CONGRESS 

2D SESSION S. 3623 

To authorize appropriations for the Department of Homeland Security for 

fiscal years 2008 and 2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 

Mr. LIEBERMAN (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To authorize appropriations for the Department of Homeland 

Security for fiscal years 2008 and 2009, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Authorization Act of 2008 and 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘Department’’ means the Depart9 ment of Homeland Security; and 


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1 (2) the term ‘‘Secretary’’ means the Secretary 

2 of Homeland Security. 

3 SEC. 3. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Definitions. 

Sec. 3. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Department of Homeland Security. 

TITLE II—POLICY, MANAGEMENT, AND INTEGRATION 

IMPROVEMENTS 

Sec. 201. Under Secretary for Policy. 

Sec. 202. Operations Coordination and Planning. 

Sec. 203. Department of Homeland Security headquarters. 

Sec. 204. Chief Information Officer. 

Sec. 205. Department of Homeland Security International Affairs Office. 

Sec. 206. Department of Homeland Security reorganization authority. 

Sec. 207. Homeland Security Institute. 

Sec. 208. Office of the Inspector General. 

Sec. 209. Department Management Directive System. 

TITLE III—PROCUREMENT POLICY AND RESOURCES 

IMPROVEMENTS 

Sec. 301. Department of Homeland Security investment review. 

Sec. 302. Required certification of project managers for level one projects. 

Sec. 303. Review and report on EAGLE and First Source contracts. 

Sec. 304. Report on use of personal services contracts. 

Sec. 305. Prohibition on use of contracts for congressional affairs activities. 

Sec. 306. Small business utilization report. 

Sec. 307. Department of Homeland Security mentor-prote ́ge ́ program. 

Sec. 308. Other transaction authority. 

Sec. 309. Independent verification and validation. 

Sec. 310. Strategic plan for acquisition workforce. 

Sec. 311. Buy American requirement; exceptions. 

TITLE IV—WORKFORCE PROVISIONS 

Sec. 401. Authority for flexible personnel management at the Office of Intelligence and Analysis. 

Sec. 402. Direct hire authority for certain positions at the Science and Technology Directorate. 

Sec. 403. Appointment of the Chief Human Capital Officer by the Secretary of 

Homeland Security. 

Sec. 404. Plan to improve representation of minorities in various categories of 

employment. 

Sec. 405. Office of the Chief Learning Officer. 

Sec. 406. Extension of relocation expenses test programs. 


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TITLE V—INTELLIGENCE AND INFORMATION-SHARING 

PROVISIONS 

Sec. 501. Full and efficient use of open source information. 

Sec. 502. Authorization of intelligence activities. 

Sec. 503. Under Secretary for Intelligence and Analysis technical correction. 

TITLE VI—CYBER SECURITY INFRASTRUCTURE PROTECTION 

IMPROVEMENTS 

Sec. 601. National Cyber Security Division. 

Sec. 602. National Cyber Security Center. 

Sec. 603. Authority for flexible personnel management for cyber security positions in the Department. 

Sec. 604. Cyber threat. 

Sec. 605. Cyber security research and development. 

Sec. 606. Comprehensive national cyber security initiative. 

Sec. 607. National Cyber Security Private Sector Advisory Board. 

Sec. 608. Infrastructure protection. 

TITLE VII—BIOLOGICAL, MEDICAL, AND SCIENCE AND 

TECHNOLOGY PROVISIONS 

Sec. 701. Chief Medical Officer and Office of Health Affairs. 

Sec. 702. Test, Evaluation, and Standards Division. 

Sec. 703. Director of Operational Testing. 

Sec. 704. Availability of testing facilities and equipment. 

Sec. 705. Homeland Security Science and Technology Advisory Committee. 

Sec. 706. National Academy of Sciences report. 

Sec. 707. Material threats. 

TITLE VIII—BORDER SECURITY PROVISIONS 

Subtitle A—Border Security Generally 

Sec. 801. Increase of Customs and Border Protection Officers and support 

staff at ports of entry. 

Sec. 802. Customs and Border Protection officer training. 

Sec. 803. Mobile Enrollment Teams Pilot Project. 

Sec. 804. Federal-State border security cooperation. 

Subtitle B—Customs and Border Protection Agriculture Specialists 

Sec. 811. Sense of the Senate. 

Sec. 812. Increase in number of U.S. Customs and Border Protection agriculture specialists. 

Sec. 813. Agriculture Specialist Career Track. 

Sec. 814. Agriculture Specialist recruitment and retention. 

Sec. 815. Retirement Provisions for Agriculture Specialists and Seized Property 

Specialists. 

Sec. 816. Equipment support. 

Sec. 817. Reports. 

TITLE IX—PREPAREDNESS AND RESPONSE PROVISIONS 

Sec. 901. National planning. 

Sec. 902. Predisaster hazard mitigation. 

Sec. 903. Community preparedness. 


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Sec. 904. Metropolitan Medical Response System. 

Sec. 905. Emergency management assistance compact. 

Sec. 906. Clarification on use of funds. 

Sec. 907. Commercial Equipment Direct Assistance Program. 

Sec. 908. Task force for emergency readiness. 

Sec. 909. Technical and conforming amendments. 

TITLE X—NATIONAL BOMBING PREVENTION ACT 

Sec. 1001. Bombing prevention. 

Sec. 1002. Explosives technology development and transfer. 

Sec. 1003. Savings clause. 

TITLE XI—FEDERAL PROTECTIVE SERVICE AUTHORIZATION 

Sec. 1101. Authorization of Federal protective service personnel. 

Sec. 1102. Report on personnel needs of the Federal protective service. 

Sec. 1103. Authority for Federal protective service officers and investigators to 

carry weapons during off-duty times. 

Sec. 1104. Amendments relating to the civil service retirement system. 

Sec. 1105. Federal protective service contracts. 

1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. DEPARTMENT OF HOMELAND SECURITY. 

4 (a) FISCAL YEAR 2008.—There is authorized to be 

5 appropriated to the Secretary such sums as may be nec6 essary for the necessary expenses of the Department for 

7 fiscal year 2008. 

8 (b) FISCAL YEAR 2009.—There is authorized to be 

9 appropriated to the Secretary $42,186,000,000 for the 

10 necessary expenses of the Department for fiscal year 

11 2009. 


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1 TITLE II—POLICY, MANAGE2 MENT, AND INTEGRATION IM3 PROVEMENTS 

4 SEC. 201. UNDER SECRETARY FOR POLICY. 

5 (a) IN GENERAL.—The Homeland Security Act of 

6 2002 (6 U.S.C. 101 et seq.) is amended by— 

7 (1) redesignating section 601 as section 890A 

8 and transferring that section to after section 890; 

9 and 

10 (2) striking the heading for title VI and insert11 ing the following: 

12 ‘‘TITLE VI—POLICY, PLANNING, 

13 AND OPERATIONS COORDINA14 TION 

15 ‘‘SEC. 601. UNDER SECRETARY FOR POLICY. 

16 ‘‘(a) IN GENERAL.—There shall be in the Depart17 ment an Under Secretary for Policy, who shall be ap18 pointed by the President, by and with the advice and con19 sent of the Senate. 

20 ‘‘(b) RESPONSIBILITIES.—Subject to the direction 

21 and control of the Secretary, the Under Secretary for Pol22 icy shall— 

23 ‘‘(1) serve as the principal policy advisor to the 

24 Secretary; 


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1 ‘‘(2) provide overall direction and supervision of 

2 policy development for the programs, offices, and ac3 tivities of the Department; 

4 ‘‘(3) establish and direct a formal policymaking 

5 process for the Department; 

6 ‘‘(4) ensure that the budget of the Department 

7 (including the development of future year budgets) 

8 is compatible with the statutory and regulatory re9 sponsibilities of the Department and with the prior10 ities, strategic plans, and policies established by the 

11 Secretary; 

12 ‘‘(5) conduct long-range, strategic planning for 

13 the Department, including overseeing each quadren14 nial homeland security review under section 621; 

15 ‘‘(6) coordinate policy development undertaken 

16 by the component agencies and offices of the De17 partment; and 

18 ‘‘(7) carry out such other responsibilities as the 

19 Secretary determines are appropriate, consistent 

20 with this section.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) IN GENERAL.—The Homeland Security Act 

23 of 2002 (6 U.S.C. 101 et seq.) is amended— 

24 (A) in the table of contents in section 

25 1(b)— 


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1 (i) by striking the item relating to 

2 title IV and inserting the following: 

‘‘TITLE IV—BORDER AND TRANSPORTATION SECURITY’’. 

3 (ii) by striking the item relating to 

4 subtitle A of title IV and inserting the fol5 lowing: 

‘‘Subtitle A—Border and Transportation Security’’. 

6 (iii) by striking the item relating to 

7 section 441 and inserting the following: 

‘‘Sec. 441.Transfer of functions.’’; 

8 (iv) by striking the items relating to 

9 title VI and section 601 and inserting the 

10 following: 

‘‘TITLE VI—POLICY, PLANNING, AND OPERATIONS 

COORDINATION 

‘‘Sec. 601. Under Secretary for Policy.’’; and 

11 (v) by inserting after the item relating 

12 to section 890 the following: 

‘‘Sec. 890A. Treatment of charitable trusts for members of the Armed Forces 

of the United States and other governmental organizations.’’; 

13 (B) in section 102(f)(10), by striking ‘‘the 

14 Directorate of Border and Transportation Secu15 rity’’ and inserting ‘‘U.S. Customs and Border 

16 Protection’’; 

17 (C) in section 103(a)(3), by striking ‘‘for 

18 Border and Transportation Security’’ and in19 serting ‘‘for Policy’’; 


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1 (D) by striking the heading for title IV 

2 and inserting the following: 

3 ‘‘TITLE IV—BORDER AND 

4 TRANSPORTATION SECURITY’’; 

5 (E) by striking the heading for subtitle A 

6 of title IV and inserting the following: 

7 ‘‘Subtitle A—Border and 

8 Transportation Security’’; 

9 (F) in section 402, by striking ‘‘, acting 

10 through the Under Secretary for Border and 

11 Transportation Security,’’; 

12 (G) in section 411(a), by striking ‘‘under 

13 the authority of the Under Secretary for Border 

14 and Transportation Security,’’; 

15 (H) in section 441— 

16 (i) in the section heading, by striking 

17 ‘‘TO UNDER SECRETARY FOR BORDER

18 AND TRANSPORTATION SECURITY’’; 

19 and 

20 (ii) by striking ‘‘Under Secretary for 

21 Border and Transportation Security’’ and 

22 inserting ‘‘Secretary’’; 

23 (I) in section 442(a)— 


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1 (i) in paragraph (2), by striking 

2 ‘‘who—’’ and all that follows through ‘‘(B) 

3 shall’’ and inserting ‘‘who shall’’; and 

4 (ii) in paragraph (3)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘Under Secretary for Border and 

7 Transportation Security’’ each place it 

8 appears and inserting ‘‘Secretary’’; 

9 and 

10 (II) in subparagraph (C), by 

11 striking ‘‘Border and Transportation 

12 Security’’ and inserting ‘‘Policy’’; 

13 (J) in section 443, by striking ‘‘The Under 

14 Secretary for Border and Transportation Secu15 rity’’ and inserting ‘‘The Secretary’’; 

16 (K) in section 444, by striking ‘‘The Under 

17 Secretary for Border and Transportation Secu18 rity’’ and inserting ‘‘The Secretary’’; 

19 (L) in section 472(e), by striking ‘‘or the 

20 Under Secretary for Border and Transportation 

21 Security’’; and 

22 (M) in section 878(e), by striking ‘‘the Di23 rectorate of Border and Transportation Secu24 rity’’ and inserting ‘‘U.S. Customs and Border 


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1 Protection, Immigration and Customs Enforce2 ment’’. 

3 (2) OTHER LAWS.— 

4 (A) VULNERABILITY AND THREAT ASSESS5 MENT.—Section 301 of the REAL ID Act of 

6 2005 (8 U.S.C. 1778) is amended— 

7 (i) in subsection (a)— 

8 (I) in the first sentence, by strik9 ing ‘‘Under Secretary of Homeland 

10 Security for Border and Transpor11 tation Security’’ and inserting ‘‘Sec12 retary of Homeland Security’’; and 

13 (II) in the second sentence, by 

14 striking ‘‘Under’’; 

15 (ii) in subsection (b)— 

16 (I) by striking ‘‘Under’’; and 

17 (II) by striking ‘‘Under Sec18 retary’s findings and conclusions’’ and 

19 inserting ‘‘Secretary’s findings and 

20 conclusions’’; and 

21 (iii) in subsection (c), by striking ‘‘Di22 rectorate of Border and Transportation 

23 Security’’. 

24 (B) AIR CHARTER PROGRAM.—Section 

25 44903(l)(1) of title 49, United States Code, is 


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1 amended by striking ‘‘Under Secretary for Bor2 der and Transportation Security of the Depart3 ment of’’ and inserting ‘‘Secretary of’’. 

4 (C) BASIC SECURITY TRAINING.—Section 

5 44918(a)(2)(E) of title 49, United States Code, 

6 is amended by striking ‘‘Under Secretary for 

7 Border and Transportation Security of the De8 partment of’’ and inserting ‘‘Secretary of’’. 

9 (D) AIRPORT SECURITY IMPROVEMENT

10 PROJECTS.—Section 44923 of title 49, United 

11 States Code, is amended— 

12 (i) in subsection (a), in the matter 

13 preceding paragraph (1), by striking 

14 ‘‘Under Secretary for Border and Trans15 portation Security of the Department of’’ 

16 and inserting ‘‘Secretary of’’; 

17 (ii) by striking ‘‘Under Secretary’’ 

18 each place it appears and inserting ‘‘Sec19 retary of Homeland Security’’; and 

20 (iii) in subsection (d)(3), in the para21 graph heading, by striking ‘‘UNDER’’. 

22 (E) REPAIR STATION SECURITY.—Section 

23 44924 of title 49, United States Code, is 

24 amended— 


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1 (i) in subsection (a), by striking 

2 ‘‘Under Secretary for Border and Trans3 portation Security of the Department of’’ 

4 and inserting ‘‘Secretary of’’; and 

5 (ii) by striking ‘‘Under Secretary’’ 

6 each place it appears and inserting ‘‘Sec7 retary of Homeland Security’’. 

8 (F) CERTIFICATE ACTIONS IN RESPONSE

9 TO A SECURITY THREAT.—Section 46111 of 

10 title 49, United States Code, is amended— 

11 (i) in subsection (a), by striking 

12 ‘‘Under Secretary for Border and Trans13 portation Security of the Department of’’ 

14 and inserting ‘‘Secretary of’’; and 

15 (ii) by striking ‘‘Under Secretary’’ 

16 each place it appears and inserting ‘‘Sec17 retary of Homeland Security’’. 

18 SEC. 202. OPERATIONS COORDINATION AND PLANNING. 

19 (a) IN GENERAL.—Title VI of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 201 et seq.), as amended by 

21 section 201 of this Act, is amended by adding at the end 

22 the following: 


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1 ‘‘Subtitle B—Operations 

2 Coordination and Planning 

3 ‘‘SEC. 611. OPERATIONS COORDINATION AND PLANNING. 

4 ‘‘(a) IN GENERAL.—The Secretary shall ensure that 

5 the Department develops and maintains the capability to 

6 coordinate operations and strategically plan across all of 

7 the component organizations of the Department, includ8 ing, where appropriate, through the use of a joint staff 

9 comprising personnel from those component organizations. 

10 ‘‘(b) OFFICE.—In order to carry out the responsibil11 ities described in subsection (a), the Secretary may estab12 lish in the Department an Office of Operations Coordina13 tion and Planning, which may be headed by a Director 

14 for Operations Coordination and Planning. 

15 ‘‘(c) RESPONSIBILITIES.—The responsibilities of a 

16 Director for Operations Coordination and Planning, sub17 ject to the direction and control of the Secretary, may in18 clude— 

19 ‘‘(1) operations coordination and strategic plan20 ning, consistent with the responsibilities described in 

21 subsection (a); 

22 ‘‘(2) supervision of a joint staff comprised of 

23 personnel detailed from the component organizations 

24 of the Department in order to carry out the respon25 sibilities under paragraph (1); 


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1 ‘‘(3) overseeing the National Operations Center 

2 described in section 515; and 

3 ‘‘(4) any other responsibilities, as determined 

4 by the Secretary. 

5 ‘‘(d) LIMITATION.—Nothing in this section may be 

6 construed to modify or impair the authorities of the Sec7 retary or the Administrator of the Federal Emergency 

8 Management Agency under title V of this Act. 

9 ‘‘Subtitle C—Quadrennial 

10 Homeland Security Review’’. 

11 (b) TRANSFER.—The Homeland Security Act of 

12 2002 (6 U.S.C. 101 et seq.) is amended by redesignating 

13 section 707 as section 621 and transferring that section 

14 to after the heading for subtitle C of title VI, as added 

15 by subsection (a) of this section. 

16 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 The table of contents in section 1(b) of the Homeland Se18 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended— 

19 (1) by inserting after the item relating to sec20 tion 601, as added by section 201 of this Act, the 

21 following: 

‘‘Subtitle B—Operations Coordination and Planning 

‘‘Sec. 611. Operations Coordination and Planning. 

‘‘Subtitle C—Quadrennial Homeland Security Review 

‘‘Sec. 621. Quadrennial Homeland Security Review.’’; and 

22 (2) by striking the item relating to section 707. 


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1 SEC. 203. DEPARTMENT OF HOMELAND SECURITY HEAD2 QUARTERS. 

3 (a) FINDINGS.—Relating to the consolidation of the 

4 operations of the Department in a secure location, Con5 gress finds the following: 

6 (1) The headquarters facilities of the Depart7 ment are currently spread throughout 40 sites 

8 across the National Capital Region, making commu9 nication, coordination, and cooperation among the 

10 components of the Department a significant chal11 lenge and disrupting the ability of the Department 

12 to effectively fulfill the homeland security mission. 

13 (2) The General Services Administration has 

14 determined that the only site under the control of 

15 the Federal Government within the National Capital 

16 Region with the size, capacity, and security features 

17 to meet the minimum consolidation needs of the De18 partment as identified in the National Capital Re19 gion Housing Master Plan of the Department sub20 mitted to the Congress on October 24, 2006, is the 

21 West Campus of Saint Elizabeth’s Hospital in the 

22 District of Columbia. 

23 (b) CONSOLIDATION.— 

24 (1) IN GENERAL.—Notwithstanding any other 

25 provision of law and not later than the end of fiscal 

26 year 2016, the Secretary shall consolidate key headVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 quarters and components of the Department, as de2 termined by the Secretary, in accordance with this 

3 subsection. 

4 (2) ST. ELIZABETH’S HOSPITAL.—The Sec5 retary shall ensure that at the West Campus of 

6 Saint Elizabeth’s Hospital in the District of Colum7 bia, in a secure setting, there are— 

8 (A) not less than 4,500,000 gross square 

9 feet of office space for use by the Department; 

10 and 

11 (B) all necessary parking and infrastruc12 ture to support approximately 14,000 employ13 ees. 

14 (3) OTHER MISSION SUPPORT ACTIVITIES.— 

15 (A) IN GENERAL.—The Secretary shall 

16 consolidate the physical location of all compo17 nents and activities of the Department in the 

18 National Capitol Region that do not relocate to 

19 the West Campus of St. Elizabeth’s Hospital to 

20 as few locations within the National Capitol Re21 gion as possible. 

22 (B) LIMITATION.—The Secretary may only 

23 consolidate components and activities described 

24 in subparagraph (A) if the consolidation can be 

25 accomplished without negatively affecting the 


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1 specific mission of the components or activities 

2 being consolidated. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated such sums as may be nec5 essary to carry out this section for each of fiscal years 

6 2008 through 2016. 

7 SEC. 204. CHIEF INFORMATION OFFICER. 

8 Section 703 of the Homeland Security Act of 2002 

9 (6 U.S.C. 343) is amended— 

10 (1) by redesignating subsection (b) as sub11 section (c); and 

12 (2) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) RESPONSIBILITIES.—The Chief Information Of15 ficer shall— 

16 ‘‘(1) advise and assist the Secretary, heads of 

17 the components of the Department, and other senior 

18 officers in carrying out the responsibilities of the 

19 Department for all activities relating to the pro20 grams and operations of the information technology 

21 functions of the Department; 

22 ‘‘(2) establish the information technology prior23 ities, policies, processes, standards, guidelines, and 

24 procedures of the Department; 


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1 ‘‘(3) in accordance with guidance from the Di2 rector of the Office of Management and Budget, de3 velop and maintain a strategic information resources 

4 management plan that shall describe how informa5 tion resources management activities help accom6 plish agency missions as required by section 

7 3506(b)(2) of title 44, United States Code; 

8 ‘‘(4) be responsible for information technology 

9 capital planning and investment management in ac10 cordance with section 3506(h) of title 44, United 

11 States Code and sections 11312 and 11313 of title 

12 40, United States Code; 

13 ‘‘(5) develop, maintain, and facilitate the imple14 mentation of a sound, secure, and integrated infor15 mation technology architecture for the Department, 

16 as required by section 11315 of title 40, United 

17 States Code; 

18 ‘‘(6) in coordination with the Chief Procure19 ment Officer of the Department, assume responsi20 bility for information systems acquisition, develop21 ment and integration as required by section 

22 3506(h)(2) of title 44, United States Code, and sec23 tion 11312 of title 40, United States Code; 

24 ‘‘(7) in coordination with the Chief Procure25 ment Officer of the Department, review and approve 


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1 any information technology acquisition with a total 

2 value greater than a threshold level to be determined 

3 by the Secretary; 

4 ‘‘(8) implement initiatives to use information 

5 technology to improve government services to the 

6 public under section 101 of title 44, United States 

7 Code, (commonly known as the E-Government Act) 

8 and as required by section 3506(h)(3) of title 44, 

9 United States Code; 

10 ‘‘(9) in coordination with the Executive Agent 

11 for Information Sharing of the Department, as des12 ignated by the Secretary, ensure that information 

13 technology systems meet the standards established 

14 under the information sharing environment, as de15 fined in section 1016 of the Intelligence Reform and 

16 Terrorism Prevention Act of 2004 (6 U.S.C. 485); 

17 ‘‘(10) ensure that the Department meets its in18 formation technology and information resources 

19 management workforce or human capital needs in its 

20 hiring, training and professional development poli21 cies as required by section 3506(b) of title 44, 

22 United States Code, and section 11315(c) of title 

23 40, United States Code; 

24 ‘‘(11) collaborate with the heads of the compo25 nents of the Department in recruiting and selecting 


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1 key information technology officials in the compo2 nents of the Department; and 

3 ‘‘(12) perform other responsibilities, as deter4 mined by the Secretary.’’. 

5 SEC. 205. DEPARTMENT OF HOMELAND SECURITY INTER6 NATIONAL AFFAIRS OFFICE. 

7 (a) OFFICE OF INTERNATIONAL AFFAIRS.—The 

8 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

9 is amended by striking section 879 and inserting the fol10 lowing: 

11 ‘‘SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS. 

12 ‘‘(a) ESTABLISHMENT.—There is established within 

13 the Department an Office of International Affairs, headed 

14 by the Assistant Secretary for International Affairs, who 

15 shall be appointed by the President, by and with the advice 

16 and consent of the Senate. 

17 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT SEC18 RETARY.—The Assistant Secretary for International Af19 fairs shall— 

20 ‘‘(1) coordinate international activities within 

21 the Department, including the components of the 

22 Department, in coordination with other Federal offi23 cers with responsibility for counterterrorism and 

24 homeland security matters; 


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1 ‘‘(2) develop and update, in consultation with 

2 all components of the Department with international 

3 activities, an international strategic plan for the De4 partment and establish a process for managing its 

5 implementation; 

6 ‘‘(3) provide guidance to components of the De7 partment on executing international activities and to 

8 employees of the Department who are deployed over9 seas, including— 

10 ‘‘(A) establishing predeployment prepared11 ness criteria for employees and any accom12 panying family members; 

13 ‘‘(B) establishing, in coordination with the 

14 Under Secretary for Management, minimum 

15 support requirements for Department employ16 ees abroad, to ensure the employees have the 

17 proper resources and have received adequate 

18 and timely support prior to and during tours of 

19 duty; 

20 ‘‘(C) providing information and training on 

21 administrative support services available to 

22 overseas employees from the Department of 

23 State and other Federal agencies; 


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1 ‘‘(D) establishing guidance on how Depart2 ment attaches are expected to coordinate with 

3 other component staff and activities; and 

4 ‘‘(E) developing procedures and guidance 

5 for employees of the Department returning to 

6 the United States; 

7 ‘‘(4) maintain full awareness regarding the 

8 international travel of senior officers of the Depart9 ment, in order to fully inform the Secretary and 

10 Deputy Secretary of the Department’s international 

11 activities; 

12 ‘‘(5) promote information and education ex13 change with the international community of nations 

14 friendly to the United States in order to promote the 

15 sharing of homeland security information, best prac16 tices, and technologies relating to homeland security, 

17 in coordination with the Science and Technology 

18 Homeland Security International Cooperative Pro19 grams Office established under section 317, includ20 ing— 

21 ‘‘(A) exchange of information on research 

22 and development on homeland security tech23 nologies; 

24 ‘‘(B) joint training exercises of emergency 

25 response providers; 


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1 ‘‘(C) exchange of expertise on terrorism 

2 prevention, preparedness, response, and recov3 ery; 

4 ‘‘(D) exchange of information with appro5 priate private sector entities with international 

6 exposure; and 

7 ‘‘(E) international training and technical 

8 assistance to representatives of foreign coun9 tries who are collaborating with the Depart10 ment; 

11 ‘‘(6) identify areas for homeland security infor12 mation and training exchange in which the United 

13 States has a demonstrated weakness and a country 

14 that is a friend or ally of the United States has a 

15 demonstrated expertise; 

16 ‘‘(7) review and provide input to the Secretary 

17 on budget requests relating to the international ex18 penditures of the elements and components of the 

19 Department; 

20 ‘‘(8) participate, in coordination with other ap21 propriate Federal agencies, in the development and 

22 implementation of international agreements relating 

23 to homeland security; and 

24 ‘‘(9) perform other duties, as determined by the 

25 Secretary. 


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1 ‘‘(c) RESPONSIBILITIES OF THE COMPONENTS OF

2 THE DEPARTMENT.— 

3 ‘‘(1) IN GENERAL.—All components of the De4 partment shall notify the Office of International Af5 fairs of the intent of the component to pursue nego6 tiations with foreign governments. 

7 ‘‘(2) TRAVEL.—All components of the Depart8 ments shall inform the Office of International Af9 fairs about the international travel of senior officers 

10 of the Department, including contacts with foreign 

11 governments. 

12 ‘‘(d) EXCLUSIONS.—This section does not apply to 

13 international activities related to the protective mission of 

14 the United States Secret Service or to the United States 

15 Coast Guard when operating under the direct authority 

16 of the Secretary of Defense or Secretary of the Navy.’’. 

17 (b) REVIEW OF HOMELAND SECURITY INTER18 NATIONAL AFFAIRS ACTIVITIES.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Secretary of State, shall develop a plan 

21 to improve the coordination of the activities of the 

22 Department outside of the United States. 

23 (2) CONTENTS OF PLAN.—The plan developed 

24 under paragraph (1) shall include— 


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1 (A) an assessment of the strategic prior2 ities for the Department in the outreach and li3 aison activities of the Department with inter4 national partners; 

5 (B) an inventory and cost analysis of the 

6 international offices, workforce, and fixed assets 

7 of the Department; 

8 (C) a plan for improving the coordination 

9 of the activities and resources of the Depart10 ment outside of the United States, including at 

11 United States embassies overseas; and 

12 (D) recommendations relating to the ap13 propriate role for Senior Homeland Security 

14 Representatives and attaches of the Depart15 ment at United States embassies overseas. 

16 (3) REPORTING.—Not later than 210 days after 

17 the date of enactment of this Act, the Secretary 

18 shall submit the plan developed under paragraph (1) 

19 to— 

20 (A) the Committee on Homeland Security 

21 and Governmental Affairs and the Committee 

22 on Foreign Relations of the Senate; and 

23 (B) the Committee on Homeland Security 

24 and the Committee on Foreign Affairs of the 

25 House of Representatives. 


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1 SEC. 206. DEPARTMENT OF HOMELAND SECURITY REORGA2 NIZATION AUTHORITY. 

3 Section 872(b) of the Homeland Security Act of 2002 

4 (6 U.S.C. 452(b)) is amended— 

5 (1) in paragraph (1), in the paragraph heading, 

6 by striking ‘‘IN GENERAL’’ and inserting ‘‘LIMITA7 TIONS ON INITIAL REORGANIZATION PLAN’’; and 

8 (2) by striking paragraph (2) and inserting the 

9 following: 

10 ‘‘(2) LIMITATIONS ON OTHER REORGANIZATION

11 AUTHORITY.— 

12 ‘‘(A) IN GENERAL.—Authority under sub13 section (a)(2) does not extend to the discontinu14 ance, abolition, substantial consolidation, alter15 ation, or transfer of any agency, entity, organi16 zational unit, program, or function established 

17 or required to be maintained by statute. 

18 ‘‘(B) EXCEPTION.—Notwithstanding para19 graph (1), if the President determines it to be 

20 necessary because of an imminent threat to 

21 homeland security, a function, power, or duty 

22 vested by law in the Department, or an officer, 

23 official, or agency thereof, may be transferred, 

24 reassigned, or consolidated within the Depart25 ment. A transfer, reassignment, or consolida26 tion under this subparagraph shall remain in 


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1 effect only until the President determines that 

2 the threat to homeland security has terminated 

3 or is no longer imminent.’’. 

4 SEC. 207. HOMELAND SECURITY INSTITUTE. 

5 Section 312 of the Homeland Security Act of 2002 

6 (6 U.S.C. 192) is amended by striking subsection (g), and 

7 inserting the following: 

8 ‘‘(g) PUBLICATION OF INSTITUTE REPORTS.—To the 

9 maximum extent possible, the Homeland Security Insti10 tute shall make available unclassified versions of reports 

11 by the Homeland Security Institute on the website of the 

12 Homeland Security Institute.’’. 

13 SEC. 208. OFFICE OF THE INSPECTOR GENERAL. 

14 Of the amount authorized to be appropriated under 

15 section 101, there are authorized to be appropriated to 

16 the Secretary for operations of the Office of the Inspector 

17 General of the Department— 

18 (1) $108,500,000 for fiscal year 2008; and 

19 (2) $111,600,000 for fiscal year 2009. 

20 SEC. 209. DEPARTMENT MANAGEMENT DIRECTIVE SYSTEM. 

21 (a) IN GENERAL.—Not later than 60 days after the 

22 date of enactment of this Act, the Secretary shall make 

23 available on the website of the Department all unclassified 

24 directives and management directives of the Department, 

25 including relevant attachments and enclosures. Any direcVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 tive that contains controlled unclassified information may 

2 be redacted, as appropriate. 

3 (b) REPORT.—Not later than 7 days after the date 

4 on which the Secretary makes all directives available 

5 under subsection (a), the Secretary shall submit a report 

6 that includes any directive or management directive of the 

7 Department (including attachments and enclosures) that 

8 was redacted or not published on the website of the De9 partment because the directive or management directive 

10 contains classified information or controlled unclassified 

11 information to— 

12 (1) the Committee on Homeland Security and 

13 Governmental Affairs of the Senate; and 

14 (2) the Committee on Homeland Security of the 

15 House of Representatives. 

16 TITLE III—PROCUREMENT POL17 ICY AND RESOURCES IM18 PROVEMENTS 

19 SEC. 301. DEPARTMENT OF HOMELAND SECURITY INVEST20 MENT REVIEW. 

21 (a) IN GENERAL.—Title VII of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 341 et seq.), as amended by 

23 section 202 of this Act, is amended by adding at the end 

24 the following: 


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1 ‘‘SEC. 707. DEPARTMENT INVESTMENT REVIEW. 

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab3 lish a process for the review of proposed investments by 

4 the Department. 

5 ‘‘(b) PURPOSE.—The Secretary shall use the process 

6 established under subsection (a) to inform investment de7 cisions, strengthen acquisition oversight, and improve re8 source management across the Department. 

9 ‘‘(c) BOARDS AND COUNCILS.— 

10 ‘‘(1) ESTABLISHMENT.—The Secretary shall es11 tablish a Department-wide Acquisition Review Board 

12 for the purpose of carrying out the investment re13 view process established under subsection (a). 

14 ‘‘(2) MEMBERSHIP.—The Secretary shall des15 ignate appropriate officers of the Department to 

16 serve on the Acquisition Review Board. 

17 ‘‘(3) SUBORDINATE BOARDS AND COUNCILS.— 

18 The Secretary may establish subordinate boards and 

19 councils reporting to the Acquisition Review Board 

20 to review certain categories of investments on a De21 partment-wide basis. 

22 ‘‘(d) INVESTMENT THRESHOLDS.—The Secretary 

23 shall establish threshold amounts for the review of invest24 ments by the Acquisition Review Board and any subordi25 nate boards and councils.’’. 

26 (b) REPORTING REQUIREMENTS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary 

3 shall submit a report on the implementation of the 

4 amendments made by this section, including pro5 viding all directives, instructions, memoranda, manu6 als, guidebooks, and other materials relevant to the 

7 implementation of the amendments made by this 

8 section to— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; and 

11 (B) the Committee on Homeland Security 

12 of the House of Representatives. 

13 (2) ANNUAL REPORT.— 

14 (A) IN GENERAL.—The Secretary shall 

15 submit an annual report on the activities of the 

16 Acquisition Review Board and subordinate 

17 boards and councils established within the De18 partment for the purpose of Department-wide 

19 investment review and acquisition oversight 

20 under section 707 of the Homeland Security 

21 Act of 2002, as added by this section, including 

22 detailed statistics on programs and activities re23 viewed, to— 


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1 (i) the Committee on Homeland Secu2 rity and Governmental Affairs of the Sen3 ate; and 

4 (ii) the Committee on Homeland Se5 curity of the House of Representatives. 

6 (B) ANNUAL FINANCIAL REPORT.—The re7 port under this paragraph may be included as 

8 part of the performance and accountability re9 port submitted by the Department under sec10 tion 3516(f) of title 31, United States Code. 

11 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of contents in section 1(b) of the Homeland Se13 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

14 inserting after the item relating to section 706 the fol15 lowing: 

‘‘Sec. 707. Department investment review.’’. 

16 SEC. 302. REQUIRED CERTIFICATION OF PROJECT MAN17 AGERS FOR LEVEL ONE PROJECTS. 

18 Not later than 12 months after the date of enactment 

19 of this Act, the Secretary shall assign to each Level 1 

20 project of the Department (as defined by the Acquisition 

21 Review Board established under section 707 of the Home22 land Security Act of 2002, as added by this Act) with an 

23 estimated value of more than $100,000,000 at least 1 

24 project manager certified by the Secretary as competent 

25 to administer programs of that size. The designation of 


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1 project level and the certification of project managers shall 

2 be in accordance with the Federal IT Project Manager 

3 Guidance issued by the Chief Information Officers Coun4 cil. 

5 SEC. 303. REVIEW AND REPORT ON EAGLE AND FIRST 

6 SOURCE CONTRACTS. 

7 (a) REVIEW.—Not later than 6 months after the date 

8 of enactment of this Act, the Secretary shall review the 

9 Enterprise Acquisition Gateway for Leading Edge Solu10 tions and First Source contract vehicles and determine 

11 whether each contract vehicle is cost effective or redun12 dant considering all contracts in effect on the date of en13 actment of this Act that are available for multi-agency 

14 use. In determining whether a contract is cost effective, 

15 the Secretary shall consider all direct and indirect costs 

16 to the Department of awarding and administering the con17 tract and the impact the contract will have on the ability 

18 of the Federal Government to leverage its purchasing 

19 power. The Secretary shall submit the results of the review 

20 to the Administrator of the Office of Federal Procurement 

21 Policy and the Committees listed in subsection (b). 

22 (b) IN GENERAL.—On a quarterly basis, the Chief 

23 Procurement Officer of the Department shall submit a re24 port on contracts awarded and orders issued in an amount 

25 greater than $1,000,000 by the Department under the 


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1 Enterprise Acquisition Gateway for Leading Edge Solu2 tions and First Source contract vehicles to— 

3 (1) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate; and 

5 (2) the Committee on Homeland Security of the 

6 House of Representatives. 

7 (c) CONTENTS.—Each report submitted under this 

8 section shall contain— 

9 (1) a description of each contract awarded or 

10 order issued by the Department under the Enter11 prise Acquisition Gateway for Leading Edge Solu12 tions and First Source contract vehicles during the 

13 applicable quarter, including the name of the con14 tractor, the estimated cost, and the type of contract 

15 or order and, if applicable, the award fee structure; 

16 (2) for each contract or order described in para17 graph (1), a copy of the statement of work; 

18 (3) for each contract or order described in para19 graph (1), an explanation of why other Government20 wide contract vehicles are not suitable to meet the 

21 needs of the Department; and 

22 (4) for any contract or order described in para23 graph (1) that is a cost reimbursement or time and 

24 materials contract or order, an explanation of why a 


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1 fixed price arrangement was not an appropriate so2 lution. 

3 SEC. 304. REPORT ON USE OF PERSONAL SERVICES CON4 TRACTS. 

5 (a) IN GENERAL.—Not later than 6 months after the 

6 date of enactment of this Act, the Secretary shall submit 

7 a report on the use by the Department of the authority 

8 granted for procurement of personal services under section 

9 832 of the Homeland Security Act of 2002 (6 U.S.C. 392) 

10 to— 

11 (1) the Committee on Homeland Security and 

12 Governmental Affairs of the Senate; and 

13 (2) the Committee on Homeland Security of the 

14 House of Representatives. 

15 (b) CONTENTS.—The report submitted under sub16 section (a) shall include a description of each procurement 

17 for temporary or intermittent personal services acquired 

18 under the authority granted for procurement of personal 

19 services under section 832 of the Homeland Security Act 

20 of 2002 (6 U.S.C. 392), including the duration of any con21 tract for such services. 

22 SEC. 305. PROHIBITION ON USE OF CONTRACTS FOR CON23 GRESSIONAL AFFAIRS ACTIVITIES. 

24 The Department may not enter into a contract under 

25 which the person contracting with the Department will— 


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1 (1) provide responses to requests for informa2 tion from a Member of Congress or a committee of 

3 Congress; or 

4 (2) prepare written or oral testimony of an offi5 cer or employee of the Department in response to a 

6 request to appear before Congress. 

7 SEC. 306. SMALL BUSINESS UTILIZATION REPORT. 

8 (a) REPORT.— 

9 (1) IN GENERAL.—Not later than 12 months 

10 after the date of enactment of this Act, the Chief 

11 Procurement Officer of the Department shall submit 

12 a report regarding the use of small business con13 cerns by the Department to— 

14 (A) the Secretary; 

15 (B) the Committee on Homeland Security 

16 and Governmental Affairs of the Senate; and 

17 (C) the Committee on Homeland Security 

18 of the House of Representatives. 

19 (2) CONTENTS.—The report submitted under 

20 paragraph (1) shall identify each component of the 

21 Department that did not meet the goals for small 

22 business participation by the component the previous 

23 fiscal year. 

24 (b) ACTION PLAN.—For a component meeting or ex25 ceeding the goals for small business participation an acVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 tion plan is not required. For a component not meeting 

2 the goals for small business participation, not later than 

3 90 days after the date on which the report under sub4 section (a) is submitted, the Chief Procurement Officer 

5 of the Department, in consultation with the Director of 

6 Small and Disadvantaged Business Utilization of the De7 partment, shall, for each component develop, submit to the 

8 Committee on Homeland Security and Governmental Af9 fairs of the Senate and the Committee on Homeland Secu10 rity of the House of Representatives, and begin imple11 menting an action plan, including a timetable, for achiev12 ing small business participation goals. 

13 SEC. 307. DEPARTMENT OF HOMELAND SECURITY MENTOR14 PROTE ́ GE ́ PROGRAM. 

15 (a) ESTABLISHMENT.—The Secretary shall establish 

16 within the Office of Small and Disadvantaged Business 

17 Utilization of the Department a mentor-prote ́ge ́ program. 

18 (b) REVIEW BY INSPECTOR GENERAL.—The Inspec19 tor General of the Department shall conduct a review of 

20 the mentor-prote ́ge ́ program established under this sec21 tion, which shall include— 

22 (1) an assessment of the effectiveness of the 

23 program under this section; 


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1 (2) identification of any barriers that restrict 

2 contractors from participating in the program under 

3 this section; 

4 (3) a comparison of the program under this sec5 tion with the Department of Defense mentor-prote ́ge ́

6 program; and 

7 (4) development of recommendations to 

8 strengthen the program. 

9 SEC. 308. OTHER TRANSACTION AUTHORITY. 

10 Section 831 of the Homeland Security Act of 2002 

11 (6 U.S.C. 391) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘Until September 30, 

14 2008, the Secretary may carry out a pilot pro15 gram’’ and inserting ‘‘If the Secretary issues 

16 policy guidance by September 30, 2008, detail17 ing the appropriate use of other transaction au18 thority and provides mandatory other trans19 action training to each employee who has the 

20 authority to handle procurements under other 

21 transaction authority, the Secretary may, before 

22 September 30, 2010, carry out a program’’; and 

23 (B) in paragraph (1), by striking ‘‘sub24 section (b)’’ and inserting ‘‘subsection (b)(1)’’; 

25 (2) in subsection (b)— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively, 

3 and realigning such subparagraphs, as so redes4 ignated, so as to be indented 4 ems from the 

5 left margin; 

6 (B) by striking ‘‘(b) REPORT.—Not later 

7 than 2 years’’ and inserting the following: 

8 ‘‘(b) REPORTS.— 

9 ‘‘(1) IN GENERAL.—Not later than 2 years’’; 

10 and 

11 (C) by adding at the end the following: 

12 ‘‘(2) ANNUAL REPORT ON EXERCISE OF OTHER

13 TRANSACTION AUTHORITY.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 submit to the Committee on Homeland Security 

16 and Governmental Affairs of the Senate and the 

17 Committee on Homeland Security of the House 

18 of Representatives an annual report on the ex19 ercise of other transaction authority under sub20 section (a). 

21 ‘‘(B) CONTENT.—The report required 

22 under subparagraph (A) shall include the fol23 lowing: 


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1 ‘‘(i) The technology areas in which re2 search projects were conducted under other 

3 transaction authority. 

4 ‘‘(ii) The extent of the cost-sharing 

5 among Federal and non-Federal sources. 

6 ‘‘(iii) The extent to which the use of 

7 the other transaction authority— 

8 ‘‘(I) has contributed to a broad9 ening of the technology and industrial 

10 base available for meeting the needs 

11 of the Department; and 

12 ‘‘(II) has fostered within the 

13 technology and industrial base new re14 lationships and practices that support 

15 the national security of the United 

16 States. 

17 ‘‘(iv) The total amount of payments, 

18 if any, that were received by the Federal 

19 Government during the fiscal year covered 

20 by the report. 

21 ‘‘(v) The rationale for using other 

22 transaction authority, including why grants 

23 or Federal Acquisition Regulation-based 

24 contracts were not used, the extent of comVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 petition, and the amount expended for 

2 each such project.’’. 

3 SEC. 309. INDEPENDENT VERIFICATION AND VALIDATION. 

4 (a) REPORT.— 

5 (1) IN GENERAL.—Not later than 12 months 

6 after the date of enactment of this Act, and semi7 annually thereafter, the Chief Procurement Officer 

8 of the Department shall submit a report regarding 

9 the use of independent verification and validation by 

10 the Department to— 

11 (A) the Secretary; 

12 (B) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; and 

14 (C) the Committee on Homeland Security 

15 of the House of Representatives. 

16 (2) CONTENTS.—The report submitted under 

17 paragraph (1) shall— 

18 (A) identify each program in the Depart19 ment where independent verification and valida20 tion was used and a description of the use; 

21 (B) include recommendations for imple22 menting independent verification and validation 

23 in future procurements; and 

24 (C) for all Level 1 projects of the Depart25 ment (as defined by the Acquisition Review 


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1 Board established under section 707 of the 

2 Homeland Security Act of 2002, as added by 

3 this Act) not using independent verification and 

4 validation, provide an explanation of why inde5 pendent verification and validation was not 

6 used. 

7 SEC. 310. STRATEGIC PLAN FOR ACQUISITION WORK8 FORCE. 

9 (a) STRATEGIC PLAN.—Not later than 6 months 

10 after the date of enactment of this Act, the Chief Procure11 ment Officer and the Chief Human Capital Officer of the 

12 Department shall develop and deliver to relevant congres13 sional committees a 5-year strategic plan for the acquisi14 tion workforce of the Department. 

15 (b) ELEMENTS OF PLAN.—The plan required under 

16 subsection (a) shall, at a minimum— 

17 (1) designate, in coordination with the Office of 

18 Federal Procurement Policy, positions in the De19 partment that are acquisition positions which— 

20 (A) shall include, at a minimum— 

21 (i) program management positions; 

22 (ii) systems planning, research, devel23 opment, engineering, and testing positions; 

24 (iii) procurement, including con25 tracting positions; 


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1 (iv) industrial property management 

2 positions; 

3 (v) logistics positions; 

4 (vi) quality control and assurance po5 sitions; 

6 (vii) manufacturing and production 

7 positions; 

8 (viii) business, cost estimating, finan9 cial management, and auditing positions; 

10 (ix) education, training, and career 

11 development positions; 

12 (x) construction positions; and 

13 (xi) positions involving joint develop14 ment and production with other govern15 ment agencies and foreign countries; and 

16 (B) may include positions that are in man17 agement headquarters activities and in manage18 ment headquarters support activities and per19 form acquisition-related functions; 

20 (2) identify acquisition workforce needs of each 

21 component and of units performing Department22 wide acquisition functions, including workforce gaps 

23 and strategies for filling those gaps; 


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1 (3) include Departmental guidance and policies 

2 on the use of contractors to perform acquisition 

3 functions; 

4 (4) describe specific steps for the recruitment, 

5 hiring, training, and retention of the workforce iden6 tified in paragraph (2); and 

7 (5) set forth goals for achieving integration and 

8 consistency with governmentwide training and ac9 creditation standards, acquisition training tools and 

10 training facilities. 

11 (c) OTHER ACQUISITION POSITIONS.—The plan re12 quired under subsection (a) may provide that the Chief 

13 Acquisition Officer or Senior Procurement Executive, as 

14 appropriate, may designate as acquisition positions those 

15 additional positions that perform significant acquisition16 related functions within that component of the Depart17 ment. 

18 (d) RELEVANT CONGRESSIONAL COMMITTEES.—For 

19 purposes of this section, the term ‘‘relevant congressional 

20 committees’’ means the Committee on Homeland Security 

21 and Governmental Affairs of the Senate and the Com22 mittee on Homeland Security of the House of Representa23 tives. 


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1 SEC. 311. BUY AMERICAN REQUIREMENT; EXCEPTIONS. 

2 (a) REQUIREMENT.—Except as provided in sub3 sections (c) through (e), funds appropriated or otherwise 

4 available to the Transportation Security Administration 

5 may not be used for the procurement of an item described 

6 in subsection (b) if the item is not grown, reprocessed, 

7 reused, or produced in the United States. 

8 (b) COVERED ITEMS.—An item referred to in sub9 section (a) is, if the item is directly related to the national 

10 security interests of the United States, an article or item 

11 of— 

12 (1) clothing and the materials and components 

13 thereof, other than sensors, electronics, or other 

14 items added to, and not normally associated with, 

15 clothing (and the materials and components thereof); 

16 (2) tents, tarpaulins, or covers; or 

17 (3) cotton and other natural fiber products, 

18 woven silk or woven silk blends, spun silk yarn for 

19 cartridge cloth, synthetic fabric or coated synthetic 

20 fabric (including all textile fibers and yarns that are 

21 for use in such fabrics), canvas products, or wool 

22 (whether in the form of fiber or yarn or contained 

23 in fabrics, materials, or manufactured articles). 

24 (c) AVAILABILITY EXCEPTION.—Subsection (a) does 

25 not apply to the extent that the Secretary determines that 

26 satisfactory quality and sufficient quantity of any such arVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 ticle or item described in subsection (b) grown, reproc2 essed, reused, or produced in the United States cannot 

3 be procured as and when needed. 

4 (d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT5 SIDE THE UNITED STATES.—Subsection (a) does not 

6 apply to— 

7 (1) procurements by vessels in foreign waters; 

8 or 

9 (2) emergency procurements. 

10 (e) EXCEPTION FOR SMALL PURCHASES.—Sub11 section (a) does not apply to purchases for amounts not 

12 greater than the threshold for a public notice of solicita13 tion described in section 18(a)(1)(A) of the Office of Fed14 eral Procurement Policy Act (41 U.S.C. 416(a)(1)(A)). 

15 (f) APPLICABILITY TO CONTRACTS AND SUB16 CONTRACTS FOR PROCUREMENT OF COMMERCIAL

17 ITEMS.—This section shall apply to contracts and sub18 contracts for the procurement of commercial items not19 withstanding section 34 of the Office of Federal Procure20 ment Policy Act (41 U.S.C. 430). 

21 (g) GEOGRAPHIC COVERAGE.—In this section, the 

22 term ‘‘United States’’ includes the possessions of the 

23 United States. 

24 (h) NOTIFICATION REQUIRED WITHIN 7 DAYS

25 AFTER CONTRACT AWARD IF CERTAIN EXCEPTIONS APVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 PLIED.—In the case of any contract for the procurement 

2 of an item described in subsection (b), if the Secretary 

3 applies an exception set forth in subsection (c) with re4 spect to that contract, the Secretary shall, not later than 

5 7 days after the award of the contract, post a notification 

6 that the exception has been applied on the Internet site 

7 maintained by the General Services Administration know 

8 as FedBizOpps.gov (or any successor site). 

9 (i) TRAINING DURING FISCAL YEAR 2008.— 

10 (1) IN GENERAL.—The Secretary shall ensure 

11 that each member of the acquisition workforce in the 

12 Department who participates personally and sub13 stantially in the acquisition of textiles on a regular 

14 basis receives training during fiscal year 2008 on 

15 the requirements of this section and the regulations 

16 implementing this section. 

17 (2) INCLUSION OF INFORMATION IN NEW

18 TRAINING PROGRAMS.—The Secretary shall ensure 

19 that any training program for the acquisition work20 force developed or implemented after the date of en21 actment of this Act includes comprehensive informa22 tion on the requirements described in paragraph (1). 

23 (j) CONSISTENCY WITH INTERNATIONAL AGREE24 MENTS.— 


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1 (1) IN GENERAL.—A provision of this section 

2 shall not apply to the extent the Secretary, in con3 sultation with the United States Trade Representa4 tive, determines that the provision is inconsistent 

5 with United States obligations under an inter6 national agreement. 

7 (2) REPORT.—The Secretary shall submit to 

8 Congress a report each year containing, with respect 

9 to the year covered by the report— 

10 (A) a list of each provision of this section 

11 that did not apply during that year pursuant to 

12 a determination by the Secretary under para13 graph (1); and 

14 (B) a list of each contract awarded by the 

15 Department during that year without regard to 

16 a provision in this section because that provi17 sion was made inapplicable pursuant to such a 

18 determination. 

19 (k) EFFECTIVE DATE.—This section applies with re20 spect to contracts entered into by or on behalf of the 

21 Transportation Security Administration after the date of 

22 the enactment of this Act. 


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1 TITLE IV—WORKFORCE 

2 PROVISIONS 

3 SEC. 401. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGE4 MENT AT THE OFFICE OF INTELLIGENCE AND 

5 ANALYSIS. 

6 (a) IN GENERAL.—The Homeland Security Act of 

7 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

8 section 845 the following: 

9 ‘‘SEC. 846. AUTHORITY FOR FLEXIBLE PERSONNEL MAN10 AGEMENT AT THE OFFICE OF INTELLIGENCE 

11 AND ANALYSIS. 

12 ‘‘(a) AUTHORITY TO ESTABLISH POSITIONS IN EX13 CEPTED SERVICE.— 

14 ‘‘(1) IN GENERAL.—With the concurrence of 

15 the Director of National Intelligence and in coordi16 nation with the Director of the Office of Personnel 

17 Management, the Secretary may— 

18 ‘‘(A) convert competitive service positions, 

19 and the incumbents of such positions, within 

20 the Office of Intelligence and Analysis to ex21 cepted service positions as the Secretary deter22 mines necessary to carry out the intelligence 

23 functions of the Department; and 

24 ‘‘(B) establish new positions within the Of25 fice of Intelligence and Analysis in the excepted 


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1 service, if the Secretary determines such posi2 tions are necessary to carry out the intelligence 

3 functions of the Department. 

4 ‘‘(2) CLASSIFICATION AND PAY RANGES.—In 

5 coordination with the Director of National Intel6 ligence, the Secretary may establish the classifica7 tion and ranges of rates of basic pay for any posi8 tion converted under paragraph (1)(A) or estab9 lished under paragraph (1)(B), notwithstanding oth10 erwise applicable laws governing the classification 

11 and rates of basic pay for such positions. 

12 ‘‘(3) APPOINTMENT AND COMPENSATION.—The 

13 Secretary may appoint individuals for service in po14 sitions converted under paragraph (1)(A) or estab15 lished under paragraph (1)(B) without regard to the 

16 provisions of chapter 33 of title 5, United States 

17 Code, governing appointments in the competitive 

18 service, and to fix the compensation of such individ19 uals within the applicable ranges of rates of basic 

20 pay established under paragraph (2). 

21 ‘‘(4) MAXIMUM RATE OF BASIC PAY.—The max22 imum rate of basic pay the Secretary may establish 

23 under this subsection is the rate for level III of the 

24 Executive Schedule under section 5314 of title 5, 

25 United States Code. 


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1 ‘‘(b) EXTENSION OF FLEXIBLE PERSONNEL MAN2 AGEMENT AUTHORITIES.— 

3 ‘‘(1) DEFINITIONS.—In this subsection— 

4 ‘‘(A) the term ‘compensation authority’— 

5 ‘‘(i) means authority involving basic 

6 pay (including position classification), pre7 mium pay, awards, bonuses, incentives, al8 lowances, differentials, student loan repay9 ments, and special payments; and 

10 ‘‘(ii) shall not include— 

11 ‘‘(I) authorities relating to bene12 fits such as leave, severance pay, re13 tirement, and insurance; 

14 ‘‘(II) authority to grant a rank 

15 award by the President under section 

16 4507, 4507a, or 3151(c) of title 5, 

17 United States Code, or any other pro18 vision of law; or 

19 ‘‘(III) compensation authorities 

20 and performance management au21 thorities provided under provisions of 

22 law relating to the Senior Executive 

23 Service; and 

24 ‘‘(B) the term ‘intelligence community’ has 

25 the meaning given under section 3(4) of the 


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1 National Security Act of 1947 (50 U.S.C. 

2 401a(4)). 

3 ‘‘(2) IN GENERAL.—Notwithstanding any other 

4 provision of law, in order to ensure the equitable 

5 treatment of employees across the intelligence com6 munity, the Secretary, with the concurrence of the 

7 Director of National Intelligence, or for those mat8 ters that fall under the responsibilities of the Office 

9 of Personnel Management under statute or executive 

10 order, in coordination with the Director of the Office 

11 of Personnel Management, may authorize the Office 

12 of Intelligence and Analysis to adopt compensation 

13 authority, performance management authority, and 

14 scholarship authority that have been authorized for 

15 another element of the intelligence community if the 

16 Secretary and the Director of National Intel17 ligence— 

18 ‘‘(A) determine that the adoption of such 

19 authority would improve the management and 

20 performance of the intelligence community; and 

21 ‘‘(B) not later than 60 days before such 

22 authority is to take effect, submit notice of the 

23 adoption of such authority by the Office of In24 telligence and Analysis, including the authority 

25 to be so adopted, and an estimate of the costs 


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1 associated with the adoption of such authority 

2 to— 

3 ‘‘(i) the Committee on Homeland Se4 curity and Governmental Affairs and the 

5 Select Committee on Intelligence of the 

6 Senate; and 

7 ‘‘(ii) the Committee on Homeland Se8 curity and the Permanent Select Com9 mittee on Intelligence of the House of Rep10 resentatives. 

11 ‘‘(3) EQUIVALENT APPLICATION OF COMPENSA12 TION AUTHORITY.—To the extent that a compensa13 tion authority within the intelligence community is 

14 limited to a particular category of employees or a 

15 particular situation, the authority may be adopted 

16 by the Office of Intelligence and Analysis under this 

17 subsection only for employees in an equivalent cat18 egory or in an equivalent situation.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of contents in section 1(b) of the Homeland Se21 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

22 inserting after the item relating to section 845 the fol23 lowing: 

‘‘Sec. 846. Authority for flexible personnel management at the Office of Intelligence and Analysis.’’. 


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1 SEC. 402. DIRECT HIRE AUTHORITY FOR CERTAIN POSI2 TIONS AT THE SCIENCE AND TECHNOLOGY 

3 DIRECTORATE. 

4 (a) DEFINITION.—In this section, the term ‘‘em5 ployee’’ has the meaning given under section 2105 of title 

6 5, United States Code. 

7 (b) AUTHORITY.—The Secretary may make appoint8 ments to a position described under subsection (c) without 

9 regard to the provisions of subchapter I of chapter 33 of 

10 title 5, United States Code, other than sections 3303 and 

11 3328 of such title. 

12 (c) POSITIONS.—This section applies with respect to 

13 any scientific or engineering position within the Science 

14 and Technology Directorate which requires an advanced 

15 degree. 

16 (d) LIMITATION.— 

17 (1) IN GENERAL.—Authority under this section 

18 may not, in any calendar year and with respect to 

19 any laboratory, be exercised with respect to a num20 ber of positions greater than the number equal to 2 

21 percent of the total number of positions within such 

22 laboratory that are filled as of the end of the most 

23 recent fiscal year before the start of such calendar 

24 year. 


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1 (2) FULL-TIME EQUIVALENT BASIS.—For pur2 poses of this subsection, positions shall be counted 

3 on a full-time equivalent basis. 

4 (e) TERMINATION.—The authority to make appoint5 ments under this section shall terminate on January 1, 

6 2014. 

7 SEC. 403. APPOINTMENT OF THE CHIEF HUMAN CAPITAL 

8 OFFICER BY THE SECRETARY OF HOMELAND 

9 SECURITY. 

10 Section 103(d) of the Homeland Security Act of 2002 

11 (6 U.S.C. 113(d)) is amended— 

12 (1) by striking paragraph (3); and 

13 (2) redesignating paragraphs (4) and (5) as 

14 paragraphs (3) and (4), respectively. 

15 SEC. 404. PLAN TO IMPROVE REPRESENTATION OF MINORI16 TIES IN VARIOUS CATEGORIES OF EMPLOY17 MENT. 

18 (a) REPRESENTATION OF MINORITIES.— 

19 (1) IN GENERAL.—The Department shall imple20 ment policies and procedures Department-wide in 

21 accordance with section 717 of the Civil Rights Act 

22 of 1964 (42 U.S.C. 2000e–16) and section 501 of 

23 the Rehabilitation Act of 1973 (29 U.S.C. 791). 

24 (2) TERMS.—In this section, the terms defined 

25 in section 7201(a) of title 5, United States Code, 


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1 have the meanings given such terms in that section 

2 7201(a). 

3 (b) PLAN FOR IMPROVING REPRESENTATION OF MI4 NORITIES.— 

5 (1) IN GENERAL.— 

6 (A) SUBMISSION OF PLAN.—Not later than 

7 90 days after the date of enactment of this Act, 

8 the Chief Human Capital Officer of the Depart9 ment shall submit a plan to achieve the objec10 tive of addressing any underrepresentation of 

11 minorities in the various categories of civil serv12 ice employment within the Department to— 

13 (i) the Committee on Homeland Secu14 rity and Governmental Affairs of the Sen15 ate; 

16 (ii) the Committee on Homeland Se17 curity and the Committee on Oversight 

18 and Government Reform of the House of 

19 Representatives; and 

20 (iii) the Comptroller General of the 

21 United States. 

22 (B) CONTENTS.—The plan submitted 

23 under this subsection shall identify and de24 scribe— 


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1 (i) any barriers to achieving the objec2 tive described under subparagraph (A); 

3 and 

4 (ii) the strategies and measures to 

5 overcome such barriers. 

6 (2) DETERMINATION BY EQUAL EMPLOYMENT

7 OPPORTUNITY COMMISSION.—In consultation with 

8 the Office of Personnel Management, the Equal Em9 ployment Opportunity Commission shall make the 

10 determination of the number of members of a minor11 ity group for purposes of applying definitions under 

12 section 7201(a) of title 5, United States Code, in 

13 this section. 

14 (c) ASSESSMENTS.—Not later than 1 year after the 

15 date on which Chief Human Capital Officer submits the 

16 plan under subsection (b), the Comptroller General of the 

17 United States shall assess— 

18 (1) any programs and other measures currently 

19 being implemented to achieve the objective described 

20 under subsection (b)(1); and 

21 (2) the likelihood that the plan will allow the 

22 Department to achieve such objective. 


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1 SEC. 405. OFFICE OF THE CHIEF LEARNING OFFICER. 

2 (a) IN GENERAL.—The Homeland Security Act of 

3 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

4 section 707 the following: 

5 ‘‘SEC. 708. CHIEF LEARNING OFFICER. 

6 ‘‘(a) ESTABLISHMENT.—There is established within 

7 the Department an Office of the Chief Learning Officer. 

8 ‘‘(b) CHIEF LEARNING OFFICER.—The Chief Learn9 ing Officer shall be the head of the Office of the Chief 

10 Learning Officer. 

11 ‘‘(c) RESPONSIBILITIES.—The responsibilities of the 

12 Chief Learning Officer shall include— 

13 ‘‘(1) establishing a Learning and Development 

14 strategy for the Department, and managing the im15 plementation of that strategy; 

16 ‘‘(2) managing the Department of Homeland 

17 Security University System; 

18 ‘‘(3) coordinating with the components of the 

19 Department to ensure that training and education 

20 activities at the component level are consistent, as 

21 appropriate, with the objectives of the Learning and 

22 Development strategy; 

23 ‘‘(4) identifying training and education require24 ments throughout the Department for career fields 

25 not otherwise managed by another office or compo26 nent of the Department as directed by statute; 


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1 ‘‘(5) filling gaps in training and education 

2 through analysis and creation of courses or pro3 grams; 

4 ‘‘(6) coordinating with the Administrator of the 

5 Federal Emergency Management Agency on activi6 ties under section 845; 

7 ‘‘(7) ensuring that training and education pro8 grams and activities are adequately publicized to De9 partment employees and to other stakeholders, in10 cluding other Federal, State, local and tribal offi11 cials, as appropriate; and 

12 ‘‘(8) other responsibilities, as directed by the 

13 Secretary.’’. 

14 (b) LEARNING AND DEVELOPMENT STRATEGY.—Not 

15 later than 15 days after the date of enactment of this Act, 

16 the Department shall publish the Department of Home17 land Security Learning and Development strategy, dated 

18 September 28, 2007, on the Department website. 

19 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of contents in section 1(b) of the Homeland Se21 curity Act of 2002 (6 U.S.C. 101(b)) is amended by in22 serting after the item relating to section 707 the following: 

‘‘Sec. 708. Chief Learning Officer.’’. 


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1 SEC. 406. EXTENSION OF RELOCATION EXPENSES TEST 

2 PROGRAMS. 

3 (a) IN GENERAL.—Section 5739(e) of title 5, United 

4 States Code, is amended by striking ‘‘11 years’’ and in5 serting ‘‘14 years’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall take effect as though enacted as part 

8 of the Travel and Transportation Reform Act of 1998 

9 (Public Law 105–264; 112 Stat. 2355). 

10 TITLE V—INTELLIGENCE AND 

11 INFORMATION-SHARING PRO12 VISIONS 

13 SEC. 501. FULL AND EFFICIENT USE OF OPEN SOURCE IN14 FORMATION. 

15 (a) IN GENERAL.—Subtitle A of title II of the Home16 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend17 ed by adding at the end the following: 

18 ‘‘SEC. 210F. FULL AND EFFICIENT USE OF OPEN SOURCE IN19 FORMATION. 

20 ‘‘(a) DEFINITION OF OPEN SOURCE INFORMA21 TION.—In this section, the term ‘open source information’ 

22 means publicly available information that can be lawfully 

23 obtained by a member of the public by request, purchase, 

24 or observation. 

25 ‘‘(b) RESPONSIBILITIES OF SECRETARY.—In coordi26 nation with the Assistant Deputy Director of National InVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 telligence for Open Source and the Director of National 

2 Intelligence, the Secretary shall establish an open source 

3 collection, analysis, and dissemination program within the 

4 Office of Intelligence and Analysis. The program shall 

5 make full and efficient use of open source information to 

6 develop and disseminate open source alerts, warnings, and 

7 other intelligence products relating to the mission of the 

8 Department. 

9 ‘‘(c) INTELLIGENCE ANALYSIS.—The Secretary shall 

10 ensure that the Department makes full and efficient use 

11 of open source information in carrying out paragraphs (1) 

12 and (2) of section 201(d). 

13 ‘‘(d) DISSEMINATION.—The Secretary shall make 

14 open source information of the Department available to 

15 appropriate officers of the Federal Government, State, 

16 local, and tribal governments, and private-sector entities, 

17 using systems and networks for the dissemination of 

18 homeland security information. 

19 ‘‘(e) PROTECTION OF PRIVACY.— 

20 ‘‘(1) COMPLIANCE WITH OTHER LAWS.—The 

21 Secretary shall ensure that the manner in which 

22 open source information is gathered and dissemi23 nated by the Department complies with section 552a 

24 of title 5, United States Code (commonly referred to 

25 as the Privacy Act of 1974), provisions of law enVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 acted by the E-Government Act of 2002 (Public 

2 Law 107–347), and all other relevant Federal laws. 

3 ‘‘(2) DESCRIPTION IN ANNUAL REPORT BY PRI4 VACY OFFICER.—The Privacy Officer of the Depart5 ment shall include in the annual report submitted to 

6 Congress under section 222 an assessment of com7 pliance by Federal departments and agencies with 

8 the laws described in paragraph (1), as they relate 

9 to the use of open source information.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of contents in section 1(b) of the Homeland Se12 curity Act of 2002 (6 U.S.C. et seq.) is amended by insert13 ing after the item relating to section 210E the following: 

‘‘Sec. 210F. Full and efficient use of open source information.’’. 

14 SEC. 502. AUTHORIZATION OF INTELLIGENCE ACTIVITIES. 

15 (a) IN GENERAL.—Funds authorized or made avail16 able by this Act for intelligence activities are deemed to 

17 be specifically authorized by the Congress for purposes of 

18 section 504 of the National Security Act of 1947 (50 

19 U.S.C. 414) during fiscal years 2008 and 2009. 

20 (b) RULE OF CONSTRUCTION.—The authorization of 

21 appropriations by this Act shall not be deemed to con22 stitute authority for the conduct of any intelligence activ23 ity which is not otherwise authorized by the Constitution 

24 or the laws of the United States. 


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1 SEC. 503. UNDER SECRETARY FOR INTELLIGENCE AND 

2 ANALYSIS TECHNICAL CORRECTION. 

3 Section 103(a) of the Homeland Security Act of 2002 

4 (6 U.S.C. 113(a)) is amended— 

5 (1) by redesignating paragraphs (9) and (10) 

6 as paragraphs (10) and (11), respectively; and 

7 (2) by inserting after paragraph (8) the fol8 lowing: 

9 ‘‘(9) An Under Secretary for Intelligence and 

10 Analysis.’’. 

11 TITLE VI—CYBER SECURITY IN12 FRASTRUCTURE PROTECTION 

13 IMPROVEMENTS 

14 SEC. 601. NATIONAL CYBER SECURITY DIVISION. 

15 (a) IN GENERAL.—Subtitle C of title II of the Home16 land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend17 ed by adding at the end the following: 

18 ‘‘SEC. 226. NATIONAL CYBER SECURITY DIVISION. 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘critical information infrastruc21 ture’ means a system or asset, whether physical or 

22 virtual, used in processing, transferring, and storing 

23 information so vital to the United States that the in24 capacity or destruction of such system or asset 

25 would have a debilitating impact on security, naVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 tional economic security, or national public health or 

2 safety; and 

3 ‘‘(2) the term ‘Division’ means the National 

4 Cyber Security Division. 

5 ‘‘(b) ESTABLISHMENT.—There shall be within the 

6 Office of the Assistant Secretary for Cyber Security and 

7 Communications a National Cyber Security Division. 

8 ‘‘(c) RESPONSIBILITIES.— 

9 ‘‘(1) IN GENERAL.—The Division shall be re10 sponsible for overseeing preparation, situational 

11 awareness, response, reconstitution, and mitigation 

12 necessary for cyber security, including— 

13 ‘‘(A) establishing and maintaining a capa14 bility within the Department to identify threats 

15 to critical information infrastructure to aid in 

16 detection of vulnerabilities and warning of po17 tential acts of terrorism and other attacks; 

18 ‘‘(B) establishing and maintaining a capa19 bility to share useful, timely information re20 garding cyber vulnerabilities, threats, and at21 tacks with officers of the Federal Government 

22 and State and local governments, the private 

23 sector, and the general public; 

24 ‘‘(C) conducting comprehensive risk assess25 ments on critical information infrastructure 


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1 with respect to acts of terrorism and other 

2 large-scale disruptions, identifying and 

3 prioritizing vulnerabilities in non-Federal crit4 ical information infrastructure, and coordi5 nating the mitigation of such vulnerabilities; 

6 ‘‘(D) coordinating with the Assistant Sec7 retary for Infrastructure Protection to ensure 

8 that cyber security is appropriately addressed in 

9 carrying out the infrastructure protection re10 sponsibilities described in section 201(d); 

11 ‘‘(E) developing, with input from the own12 ers and operators of relevant assets and sys13 tems, a plan for the continuation of critical in14 formation operations in the event of a cyber at15 tack or other large-scale disruption of the infor16 mation infrastructure of the United States; 

17 ‘‘(F) defining what qualifies as a cyber in18 cident of national significance for purposes of 

19 the National Response Plan or any successor 

20 plan prepared under section 504(a)(6); 

21 ‘‘(G) ensuring that the priorities, proce22 dures, and resources of the Department are in 

23 place to reconstitute critical information infra24 structures in the event of an act of terrorism or 


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1 other large-scale disruption of such infrastruc2 tures; 

3 ‘‘(H) developing, in coordination with the 

4 National Cyber Security Center, a national 

5 cyber security awareness, training, and edu6 cation program that promotes cyber security 

7 awareness within the Federal Government and 

8 throughout the Nation; and 

9 ‘‘(I) consulting and coordinating with the 

10 Under Secretary for Science and Technology on 

11 cyber security research and development to 

12 strengthen critical information infrastructure 

13 against acts of terrorism and other large-scale 

14 disruptions. 

15 ‘‘(2) STAFFING.—The Division shall establish a 

16 capability to attract and retain qualified information 

17 technology experts at the Department to help ana18 lyze cyber threats and vulnerabilities. 

19 ‘‘(3) FEDERAL NETWORK SECURITY.—The Di20 vision, in coordination with the National Cyber Secu21 rity Center, shall monitor, consistent with the Con22 stitution and other applicable laws of the United 

23 States, network traffic for all Federal civilian de24 partments and agencies to determine any potential 

25 cyber incidents or vulnerabilities. 


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1 ‘‘(4) COLLABORATION.— 

2 ‘‘(A) IN GENERAL.—Wherever possible, the 

3 Division shall work collaboratively with relevant 

4 members of the private sector, academia, other 

5 cyber security experts, and officers of the Fed6 eral Government and State, local, and tribal 

7 governments in carrying out the responsibilities 

8 under this subsection. 

9 ‘‘(B) SINGLE CONTACT.—The Division 

10 shall provide a single Federal Government con11 tact for State, local, and tribal governments 

12 and academia and other private sector entities 

13 to exchange information and work collabo14 ratively regarding the security of critical infor15 mation infrastructure.’’. 

16 (b) TABLE OF CONTENTS.—The table of contents in 

17 section 1(b) of the Homeland Security Act of 2002 (6 

18 U.S.C. 101 et seq.) is amended by inserting after the item 

19 relating to section 225 the following: 

‘‘Sec. 226. National Cyber Security Division.’’. 

20 SEC. 602. NATIONAL CYBER SECURITY CENTER. 

21 (a) IN GENERAL.—Subtitle C of title II of the Home22 land Security Act of 2002 (6 U.S.C. 141 et seq.), as 

23 amended by section 601 of this Act, is amended by adding 

24 at the end the following: 


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1 ‘‘SEC. 227. NATIONAL CYBER SECURITY CENTER. 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘agency’— 

4 ‘‘(A) means any executive department, 

5 military department, Government corporation, 

6 Government controlled corporation, or other es7 tablishment in the executive branch of the Gov8 ernment (including the Executive Office of the 

9 President), or any independent regulatory agen10 cy; and 

11 ‘‘(B) does not include the governments of 

12 the District of Columbia and of the territories 

13 and possessions of the United States and their 

14 various subdivisions; 

15 ‘‘(2) the term ‘Director’ means the Director of 

16 the National Cyber Security Center; 

17 ‘‘(3) the term ‘Federal information infrastruc18 ture’ means the information infrastructure that is 

19 operated by an agency; and 

20 ‘‘(4) the term ‘information infrastructure’ 

21 means the underlying framework that information 

22 systems and assets rely on in processing, transmit23 ting, receiving, or storing information electronically. 

24 ‘‘(b) ESTABLISHMENT.—There is established within 

25 the Department a National Cyber Security Center. 

26 ‘‘(c) DIRECTOR.— 


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1 ‘‘(1) ESTABLISHMENT AND APPOINTMENT.— 

2 There is a Director of the National Cyber Security 

3 Center, who shall be— 

4 ‘‘(A) the head of the National Cyber Secu5 rity Center; 

6 ‘‘(B) a member of the Chief Information 

7 Officers Council; and 

8 ‘‘(C) appointed by the President, by and 

9 with the advice and consent of the Senate. 

10 ‘‘(2) QUALIFICATIONS.—The Director shall 

11 have significant expertise in matters relating to the 

12 security of information technology systems or other 

13 relevant experience. 

14 ‘‘(3) LIMITATION ON SERVICE.—The individual 

15 serving as the Director may not, while so serving, 

16 serve in any other capacity in the Federal Govern17 ment, except to the extent that the individual serv18 ing as Director is doing so in an acting capacity. 

19 ‘‘(4) SUPERVISION.—The Director shall report 

20 to— 

21 ‘‘(A) the President on matters relating to 

22 the interagency missions described in subpara23 graph (B), (C), or (E) of subsection (e)(1); and 


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1 ‘‘(B) the Secretary on all other matters, 

2 without being required to report through any 

3 other official of the Department. 

4 ‘‘(d) DEPUTY DIRECTORS.— 

5 ‘‘(1) ESTABLISHMENT AND APPOINTMENT.— 

6 There are 2 Deputy Directors of the National Cyber 

7 Security Center, who shall report to the Director. 

8 ‘‘(2) DETAILEE AND EMPLOYEE.— 

9 ‘‘(A) DETAILEE.—The Director shall enter 

10 into a memorandum of understanding with the 

11 Director of National Intelligence for the assign12 ment of an employee of the intelligence commu13 nity (as defined in section 3(4) of the National 

14 Security Act of 1947 (50 U.S.C. 401a(4))) with 

15 relevant experience to work at the National 

16 Cyber Security Center as a Deputy Director. 

17 ‘‘(B) EMPLOYEE.—One Deputy Director 

18 shall be a permanent employee of the Depart19 ment and a member of the Senior Executive 

20 Service. 

21 ‘‘(e) PRIMARY MISSIONS.— 

22 ‘‘(1) IN GENERAL.—The primary missions of 

23 the National Cyber Security Center shall be to— 

24 ‘‘(A) coordinate and integrate information 

25 to— 


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1 ‘‘(i) provide cross-domain situational 

2 awareness; and 

3 ‘‘(ii) analyze and report on the com4 posite state of the Federal information in5 frastructure; 

6 ‘‘(B) unify strategy for the security of the 

7 Federal information infrastructure; 

8 ‘‘(C) coordinate the development of inter9 agency plans in response to an incident of na10 tional significance relating to the security of the 

11 Federal information infrastructure; 

12 ‘‘(D) coordinate in conjunction with the 

13 Director of the Office of Management and 

14 Budget the development of uniform standards 

15 and guidelines under section 20 of the National 

16 Institute of Standards and Technology Act (15 

17 U.S.C. 278g–3); 

18 ‘‘(E) develop performance measures to 

19 evaluate the security of the Federal information 

20 infrastructure; and 

21 ‘‘(F) ensure, in coordination with the Pri22 vacy Office and the Office for Civil Rights and 

23 Civil Liberties, that all policies and procedures 

24 for securing the Federal information infrastruc25 ture comply with all applicable policies, regulaVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 tions, and laws protecting the privacy and civil 

2 liberties of individuals. 

3 ‘‘(2) AWARENESS OF SECURITY STATUS.—The 

4 National Cyber Security Center shall establish elec5 tronic connections to ensure timely awareness of the 

6 security status of the information infrastructure and 

7 overall United States Cyber Networks and Systems 

8 with— 

9 ‘‘(A) the United States Computer Emer10 gency Readiness Team; 

11 ‘‘(B) the National Security Agency Threat 

12 Operations Center; 

13 ‘‘(C) the Joint Task Force-Global Network 

14 Operations; 

15 ‘‘(D) the Department of Defense Cyber 

16 Crime Center; 

17 ‘‘(E) the National Cyber Investigative 

18 Joint Task Force; 

19 ‘‘(F) the Intelligence Community Incident 

20 Response Center; 

21 ‘‘(G) any other agency identified by the Di22 rector, with the concurrence of the head of that 

23 agency; and 

24 ‘‘(H) any other nongovernmental organiza25 tion identified by the Director, with the concurVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 rence of the owner or operator of that organiza2 tion. 

3 ‘‘(f) AUTHORITIES OF THE DIRECTOR.— 

4 ‘‘(1) ACCESS TO INFORMATION.—Unless other5 wise directed by the President— 

6 ‘‘(A) the Director shall access, receive, and 

7 analyze law enforcement information, intel8 ligence information, terrorism information (as 

9 defined in section 1016 of the Intelligence Re10 form and Terrorism Prevention Act of 2004 (6 

11 U.S.C. 485)), and other information as deter12 mined by the Director, relevant to the security 

13 of the Federal information infrastructure from 

14 agencies of the Federal Government, State, and 

15 local government agencies (including law en16 forcement agencies), and as appropriate, private 

17 sector entities related to the security of Federal 

18 information infrastructure; and 

19 ‘‘(B) any agency in possession of law en20 forcement information, intelligence information, 

21 and terrorism information (as defined in section 

22 1016 of the Intelligence Reform and Terrorism 

23 Prevention Act of 2004 (6 U.S.C. 485)) rel24 evant to the security of the Federal information 


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1 infrastructure shall provide that information to 

2 the Director in a timely manner. 

3 ‘‘(2) BREACH OF ANY GOVERNMENT INFORMA4 TION TECHNOLOGY SYSTEM.—Unless otherwise di5 rected by the President, upon notification or detec6 tion of any act or omission by any person or entity 

7 that substantially jeopardizes the security of the 

8 Federal information infrastructure, the entities de9 scribed under subsection (e)(2) shall immediately in10 form the Director of such act or omission. 

11 ‘‘(3) DEVELOPMENT OF BUDGETS.—Based on 

12 standards and guidelines developed under subsection 

13 (e)(1)(D) and any other relevant information, the 

14 Director shall— 

15 ‘‘(A) provide to the head of each agency 

16 that operates a Federal computer system, guid17 ance for developing the budget pertaining to the 

18 information security activities of each agency; 

19 ‘‘(B) provide such guidance to the Director 

20 of the Office of Management and Budget who 

21 shall, to the maximum extent practicable, en22 sure that each agency budget conforms with 

23 such guidance; 

24 ‘‘(C) regularly evaluate each agency budget 

25 to determine if that budget is adequate to meet 


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1 the performance measures established under 

2 subsection (e)(1)(E); and 

3 ‘‘(D) provide copies of that evaluation to— 

4 ‘‘(i) the head of each relevant agency; 

5 ‘‘(ii) the Director of the Office of 

6 Management and Budget; 

7 ‘‘(iii) the Committee on Appropria8 tions of the Senate; 

9 ‘‘(iv) the Committee on Appropria10 tions of the House of Representatives; 

11 ‘‘(v) the Committee on Homeland Se12 curity and Governmental Affairs of the 

13 Senate; 

14 ‘‘(vi) the Committee on Oversight and 

15 Government Reform of the House of Rep16 resentatives; and 

17 ‘‘(vii) and the Committee on Home18 land Security of the House of Representa19 tives. 

20 ‘‘(4) REVIEW AND INSPECTION.— 

21 ‘‘(A) IN GENERAL.—The Director may— 

22 ‘‘(i) review the enterprise architecture, 

23 acquisition plans, contracts, policies, and 

24 procedures of any agency relevant to the 


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1 information security of the Federal infor2 mation infrastructure; and 

3 ‘‘(ii) physically inspect any facility to 

4 determine if the performance measures es5 tablished by the National Cyber Security 

6 Center have been satisfied. 

7 ‘‘(B) REMEDIAL MEASURES.—If the Direc8 tor determines, through review, inspection, or 

9 audit, that the applicable security performance 

10 measures have not been satisfied, the Director, 

11 in coordination with the Director of the Office 

12 of Management and Budget, may recommend 

13 remedial measures to be taken to prevent any 

14 damage, loss of information, or other threat to 

15 information security as a result of the failure to 

16 satisfy the applicable performance measures. 

17 Such measures shall be implemented or the 

18 head of the agency shall certify that, and ex19 plain how, the identified vulnerability has been 

20 mitigated. 

21 ‘‘(5) OPERATIONAL EVALUATIONS.—Unless oth22 erwise directed by the President, the Director, in co23 ordination with the Director of the National Security 

24 Agency, shall support strategic planning for the 

25 operational evaluation of the security of the Federal 


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1 information infrastructure. Such planning may in2 clude the determination of objectives to be achieved, 

3 tasks to be performed, interagency coordination of 

4 operational activities, and the assignment of roles 

5 and responsibilities, but the Director shall not, un6 less otherwise directed by the Secretary, direct the 

7 execution of operational evaluations. 

8 ‘‘(6) INFORMATION SHARING.—The Director 

9 shall provide information to the Director of the Na10 tional Cyber Security Division on potential 

11 vulnerabilities, attacks, and exploitations of the Fed12 eral information infrastructure to the extent that 

13 such information might assist State, local, tribal, 

14 private, and other entities in securing their own in15 formation systems. 

16 ‘‘(g) REPORTS.— 

17 ‘‘(1) IN GENERAL.—Not less than once in each 

18 calendar year, the National Cyber Security Center 

19 shall submit a report to Congress. 

20 ‘‘(2) CONTENTS.— 

21 ‘‘(A) IN GENERAL.—Each report submitted 

22 under this subsection shall include— 

23 ‘‘(i) a general assessment of the secu24 rity of the information technology infra25 structure of the Federal Government; 


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1 ‘‘(ii) a description of the activities of 

2 the National Cyber Security Center in the 

3 preceding year; 

4 ‘‘(iii) a description of all 

5 vulnerabilities, attacks, and exploitations of 

6 Federal Government information tech7 nology infrastructure in the preceding year 

8 and actions taken in response; and 

9 ‘‘(iv) an assessment of the amount 

10 and frequency of information shared with 

11 the Center by the entities described under 

12 subsection (e)(2). 

13 ‘‘(B) CLASSIFIED ANNEX.—To the extent 

14 that any information in a report submitted 

15 under this subsection is classified, the report 

16 may include a classified annex. 

17 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to create any new authority to col19 lect, maintain, or disseminate personally identifiable infor20 mation concerning United States citizens. 

21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this sec23 tion— 

24 ‘‘(1) $30,000,000 for fiscal year 2009; and 


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1 ‘‘(2) such sums as necessary for each of fiscal 

2 years 2010, 2011, 2012, and 2013.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of contents in section 1(b) of the Homeland Se5 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

6 inserting after the item relating to section 226, as added 

7 by section 601 of this Act, the following: 

‘‘Sec. 227. National Cyber Security Center.’’. 

8 SEC. 603. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGE9 MENT FOR CYBER SECURITY POSITIONS IN 

10 THE DEPARTMENT. 

11 (a) IN GENERAL.—The Homeland Security Act of 

12 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

13 section 846, as added by section 401 of this Act, the fol14 lowing: 

15 ‘‘SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MAN16 AGEMENT FOR CYBER SECURITY POSITIONS 

17 AT THE DEPARTMENT. 

18 ‘‘(a) IN GENERAL.—With the concurrence of the Di19 rector of the National Cyber Security Center or the Assist20 ant Secretary for Cyber Security and Communications, as 

21 appropriate, and in coordination with the Director of the 

22 Office of Personnel Management, the Secretary may es23 tablish new positions within the National Cyber Security 

24 Center and the National Cyber Security Division in the 

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1 tions are necessary to carry out the cyber security func2 tions of the Department. 

3 ‘‘(b) CLASSIFICATION AND PAY RANGES.—In coordi4 nation with the Director of the National Cyber Security 

5 Center and the Assistant Secretary for Cyber Security and 

6 Communications, the Secretary may establish the classi7 fication and ranges of rates of basic pay for any position 

8 established under subsection (a), notwithstanding other9 wise applicable laws governing the classification and rates 

10 of basic pay for such positions. 

11 ‘‘(c) APPOINTMENT AND COMPENSATION.—The Sec12 retary may appoint individuals for service in positions es13 tablished under subsection (a) without regard to the provi14 sions of chapter 33 of title 5, United States Code, gov15 erning appointments in the competitive service, and to fix 

16 the compensation of such individuals within the applicable 

17 ranges of rates of basic pay established under subsection 

18 (b). 

19 ‘‘(d) MAXIMUM RATE OF BASIC PAY.—The max20 imum rate of basic pay the Secretary may establish under 

21 this section is the rate for level III of the Executive Sched22 ule under section 5314 of title 5, United States Code.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of contents in section 1(b) of the Homeland Se25 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 


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1 inserting after the item relating to section 846, as added 

2 by section 401 of this Act, the following: 

‘‘Sec. 847. Authority for flexible personnel management for cyber security positions at the department.’’. 

3 SEC. 604. CYBER THREAT. 

4 (a) DEFINITION.—In this section, the term ‘‘critical 

5 infrastructure’’ has the meaning given that term in section 

6 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). 

7 (b) SHARING OF CYBER THREAT INFORMATION.— 

8 The Inspector General of the Department, in coordination 

9 with the Inspector General of the Office of the Director 

10 of National Intelligence, shall— 

11 (1) assess the sharing of cyber threat informa12 tion, including— 

13 (A) how cyber threat information, includ14 ing classified information, is shared with the 

15 owners and operators of United States critical 

16 infrastructure; 

17 (B) the mechanisms by which classified 

18 cyber threat information is distributed; and 

19 (C) the effectiveness of the sharing of 

20 cyber threat information; and 

21 (2) not later than 180 days after the date of 

22 enactment of this Act, submit a report regarding the 

23 assessment under paragraph (1) to— 


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1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; and 

3 (B) the Committee on Homeland Security 

4 of the House of Representatives. 

5 (c) CYBER THREAT ASSESSMENT.—The Secretary, 

6 in coordination with the Director of National Intelligence, 

7 shall— 

8 (1) perform a comprehensive, up-to-date assess9 ment of the cyber threat to critical infrastructure, 

10 including threats to electric power command and 

11 control systems in the United States; and 

12 (2) not later than 180 days after the date of 

13 enactment of this Act, submit a report regarding the 

14 assessment under paragraph (1) to— 

15 (A) the Committee on Homeland Security 

16 and Governmental Affairs of the Senate; and 

17 (B) the Committee on Homeland Security 

18 of the House of Representatives. 

19 SEC. 605. CYBER SECURITY RESEARCH AND DEVELOP20 MENT. 

21 (a) IN GENERAL.—Title III of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

23 adding at the end the following: 


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1 ‘‘SEC. 318. CYBER SECURITY RESEARCH AND DEVELOP2 MENT. 

3 ‘‘(a) ESTABLISHMENT OF RESEARCH AND DEVELOP4 MENT PROGRAM.—The Under Secretary for Science and 

5 Technology, in coordination with the Assistant Secretary 

6 for Cyber Security and Communications and the Director 

7 of the National Cyber Security Center, shall carry out a 

8 research and development program for the purpose of im9 proving the security of information systems. 

10 ‘‘(b) ELIGIBLE PROJECTS.—The research and devel11 opment program under this section may include projects 

12 to— 

13 ‘‘(1) advance the development and accelerate 

14 the deployment of more secure versions of funda15 mental Internet protocols and architectures, includ16 ing for the domain name system and routing proto17 cols; 

18 ‘‘(2) improve and create technologies for detect19 ing attacks or intrusions, including monitoring tech20 nologies; 

21 ‘‘(3) improve and create mitigation and recov22 ery methodologies, including techniques for contain23 ment of attacks and development of resilient net24 works and systems that degrade gracefully; 

25 ‘‘(4) develop and support infrastructure and 

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1 ment efforts, including modeling, testbeds, and data 

2 sets for assessment of new cyber security tech3 nologies; 

4 ‘‘(5) assist the development and support of 

5 technologies to reduce vulnerabilities in process con6 trol systems; 

7 ‘‘(6) test, evaluate, and facilitate the transfer of 

8 technologies associated with the engineering of less 

9 vulnerable software and securing the information 

10 technology software development lifecycle; and 

11 ‘‘(7) address other vulnerabilities and risks 

12 identified by the Secretary. 

13 ‘‘(c) COORDINATION WITH OTHER RESEARCH INI14 TIATIVES.—The Under Secretary for Science and Tech15 nology— 

16 ‘‘(1) shall ensure that the research and develop17 ment program is consistent with the National Strat18 egy to Secure Cyberspace, or any succeeding strat19 egy; 

20 ‘‘(2) shall, to the extent practicable, coordinate 

21 the research and development activities of the De22 partment with other ongoing research and develop23 ment security-related initiatives, including research 

24 being conducted by— 


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1 ‘‘(A) the National Institutes of Standards 

2 and Technology; 

3 ‘‘(B) the National Academy of Sciences; 

4 ‘‘(C) other Federal departments and agen5 cies; and 

6 ‘‘(D) other Federal and private research 

7 laboratories, research entities, and universities 

8 and institutions of higher education; 

9 ‘‘(3) shall carry out any research and develop10 ment project authorized by this section through a re11 imbursable agreement with an appropriate Federal 

12 agency, if the agency— 

13 ‘‘(A) is sponsoring a research and develop14 ment project in a similar area; or 

15 ‘‘(B) has a unique facility or capability 

16 that would be useful in carrying out the project; 

17 and 

18 ‘‘(4) may award grants, or enter into coopera19 tive agreements, contracts, other transactions, or re20 imbursable agreements to the entities described in 

21 paragraph (2). 

22 ‘‘(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIB23 ERTIES ISSUES.— 

24 ‘‘(1) CONSULTATION.—In carrying out research 

25 and development projects under this section, the 


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1 Secretary shall consult with the Privacy Officer of 

2 the Department and the Officer for Civil Rights and 

3 Civil Liberties of the Department. 

4 ‘‘(2) PRIVACY IMPACT ASSESSMENTS.—In ac5 cordance with sections 222 and 705, the Privacy Of6 ficer shall conduct privacy impact assessments and 

7 the Officer for Civil Rights and Civil Liberties shall 

8 conduct reviews, as appropriate, for research and de9 velopment initiatives developed under this section 

10 that the Secretary determines could have an impact 

11 on privacy, civil rights, or civil liberties. 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

13 ‘‘(1) IN GENERAL.—From funds appropriated 

14 under section 114(w) of title 49, United States 

15 Code, there shall be made available to the Secretary 

16 to carry out this section $50,000,000 for each fiscal 

17 year 2009 through 2012. 

18 ‘‘(2) AVAILABILITY OF FUNDS.—Funds appro19 priated pursuant to the authorization under this 

20 subsection shall remain available until expended.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of contents in section 1(b) of the Homeland Se23 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

24 inserting after the item relating to section 317 the fol25 lowing: 

‘‘Sec. 318. Cyber security research and development.’’. 


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1 SEC. 606. COMPREHENSIVE NATIONAL CYBER SECURITY 

2 INITIATIVE. 

3 Not later than 90 days after the date of enactment 

4 of this Act, the Secretary, in coordination with the Direc5 tor of National Intelligence, shall submit a report con6 taining comprehensive and detailed program and budget 

7 information and delineating plans for and linking expendi8 tures to the goals of the Comprehensive National Cyber 

9 Security Initiative, as described in National Security Pol10 icy Directive 54/Homeland Security Policy Directive 23 

11 signed by the President on January 8, 2008, as modified 

12 by the President under this Act and the amendments 

13 made by this Act, including implementation guidance and 

14 personnel recruiting, retention, and assignment goals to— 

15 (1) the Committee on Homeland Security and 

16 Governmental Affairs of the Senate; and 

17 (2) the Committee on Homeland Security of the 

18 House of Representatives. 

19 SEC. 607. NATIONAL CYBER SECURITY PRIVATE SECTOR 

20 ADVISORY BOARD. 

21 (a) DEFINITION.—In this section, the term ‘‘Board’’ 

22 means the National Cyber Security Private Sector Advi23 sory Board established under subsection (b). 

24 (b) ESTABLISHMENT.—There is established the Na25 tional Cyber Security Private Sector Advisory Board. 

26 (c) FUNCTIONS.— 


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1 (1) IN GENERAL.—The Board shall provide ad2 vice and comment to the Secretary on— 

3 (A) the cyber security standards, practices, 

4 and policies of the Department; 

5 (B) the state of security of information 

6 technology infrastructure in the United States; 

7 and 

8 (C) any other issue relating to cyber secu9 rity that the members of the Board determine 

10 is relevant. 

11 (2) THE FEDERAL ADVISORY COMMITTEE

12 ACT.—The Federal Advisory Committee Act (5 

13 U.S.C. App.) shall not apply to the Board. 

14 (d) CHAIRPERSON.— 

15 (1) IN GENERAL.—The chairperson of the 

16 Board shall be the Secretary. 

17 (2) DELEGATION.—Through the Secretary, the 

18 Board shall provide advice to both the National 

19 Cyber Security Division and the National Cyber Se20 curity Center. The chairpersonship of the Board 

21 shall not be delegated solely to 1 of these entities. 

22 (e) VICE CHAIRPERSON.—The vice chairperson of the 

23 Board shall be selected from among the private sector 

24 members of the Private-Sector Advisory Board by means 

25 determined by the members of the Board. 


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1 (f) MEMBERS.—The Board shall be composed of aca2 demics, business leaders, and other nongovernment indi3 viduals with relevant expertise in the area of cyber security 

4 appointed by the Secretary. 

5 (g) MEETINGS.—The Board shall meet not less than 

6 twice each calendar year. 

7 SEC. 608. INFRASTRUCTURE PROTECTION. 

8 Section 201 of the Homeland Security Act of 2002 

9 (6 U.S.C. 121) is amended— 

10 (1) in subsection (b)(3), by adding at the end 

11 the following: ‘‘The Assistant Secretary for Infra12 structure Protection shall report to the Under Sec13 retary with responsibility for overseeing critical in14 frastructure protection established in section 

15 103(a)(8).’’; and 

16 (2) in subsection (d)— 

17 (A) by redesignating paragraphs (2) 

18 through (25) as paragraphs (3) through (26), 

19 respectively; 

20 (B) by inserting after paragraph (1) the 

21 following: 

22 ‘‘(2) To promote, prioritize, coordinate, and 

23 plan for the protection, security, resiliency, and 

24 postdisaster restoration of critical infrastructure and 

25 key resources of the United States against or in the 


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1 event of an act of terrorism, natural disaster, or 

2 other manmade disaster, in coordination with other 

3 agencies of the Federal Government and in coopera4 tion with State and local government agencies and 

5 authorities, the private sector, and other entities.’’; 

6 (C) in paragraph (6), as so redesignated— 

7 (i) by inserting ‘‘, implement, and co8 ordinate’’ after ‘‘develop’’; and 

9 (ii) by inserting ‘‘, in partnership with 

10 the private sector,’’ after ‘‘comprehensive 

11 national plan’’; 

12 (D) in paragraph (7), as so redesignated, 

13 by inserting ‘‘and facilitate the implementation 

14 of’’ after ‘‘recommend’’; and 

15 (E) in paragraph (9), as so redesignated, 

16 by inserting ‘‘, including owners and operators 

17 of critical infrastructure, in a timely and effec18 tive manner’’ after ‘‘such responsibilities’’. 

19 TITLE VII—BIOLOGICAL, MED20 ICAL, AND SCIENCE AND 

21 TECHNOLOGY PROVISIONS 

22 SEC. 701. CHIEF MEDICAL OFFICER AND OFFICE OF 

23 HEALTH AFFAIRS. 

24 Section 516 of the Homeland Security Act of 2002 

25 (6 U.S.C. 321e) is amended to read as follows: 


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1 ‘‘SEC. 516. CHIEF MEDICAL OFFICER. 

2 ‘‘(a) IN GENERAL.—There is in the Department an 

3 Office of Health Affairs, which shall be headed by a Chief 

4 Medical Officer, who shall be appointed by the President, 

5 by and with the advice and consent of the Senate. The 

6 Chief Medical Officer shall also have the title of Assistant 

7 Secretary for Health Affairs. 

8 ‘‘(b) QUALIFICATIONS.—The individual appointed as 

9 the Chief Medical Officer shall possess a demonstrated 

10 ability in and knowledge of medicine and public health. 

11 ‘‘(c) RESPONSIBILITIES.— 

12 ‘‘(1) IN GENERAL.—The Chief Medical Officer 

13 shall have the primary responsibility within the De14 partment for medical and public health issues relat15 ing to the mission and operations of the Depart16 ment, including medical and public health issues re17 lating to natural disasters, acts of terrorism, and 

18 other man-made disasters. 

19 ‘‘(2) SPECIFIC RESPONSIBILITIES.—The re20 sponsibilities of the Chief Medical Officer shall in21 clude— 

22 ‘‘(A) serving as the principal advisor to the 

23 Secretary and the Administrator on the medical 

24 care, public health, and agrodefense responsibil25 ities of the Department; 


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1 ‘‘(B) providing oversight of all medically 

2 related actions and of protocols of the medical 

3 personnel of the Department; 

4 ‘‘(C) administering the responsibilities of 

5 the Department for medical readiness, including 

6 providing guidance to support State and local 

7 training, equipment, and exercises funded by 

8 the Department; 

9 ‘‘(D) serving as the primary point of con10 tact in the Department with the Department of 

11 Agriculture, the Department of Defense, the 

12 Department of Health and Human Services, the 

13 Department of Transportation, the Department 

14 of Veterans Affairs, and other Federal depart15 ments and agencies, on medical and public 

16 health matters; 

17 ‘‘(E) serving as the primary point of con18 tact in the Department for State, local, and 

19 tribal governments, the medical community, and 

20 the private sector, with respect to medical and 

21 public health matters; 

22 ‘‘(F) coordinating the biodefense and bio23 surveillance activities of the Department, in24 cluding managing the National Biosurveillance 

25 Integration Center under section 316; 


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1 ‘‘(G) discharging, in coordination with the 

2 Under Secretary for Science and Technology, 

3 the responsibilities of the Department under 

4 Project BioShield under sections 319F–1 and 

5 319F–2 of the Public Health Service Act (42 

6 U.S.C. 247d–6a and 247d–6b); 

7 ‘‘(H) ensuring that the workforce of the 

8 Department has science-based policy, stand9 ards, requirements, and metrics for occupa10 tional safety and health; 

11 ‘‘(I) providing medical expertise for the 

12 components of the Department with respect to 

13 prevention, preparedness, protection, response, 

14 and recovery for medical and public health mat15 ters; 

16 ‘‘(J) working in conjunction with appro17 priate Department entities and other appro18 priate Federal departments and agencies to de19 velop guidance for prevention, preparedness, 

20 protection, response, and recovery from cata21 strophic events with human, animal, agricul22 tural, or environmental health consequences; 

23 and 

24 ‘‘(K) performing such other duties as the 

25 Secretary may require.’’. 


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1 SEC. 702. TEST, EVALUATION, AND STANDARDS DIVISION. 

2 (a) TEST, EVALUATION, AND STANDARDS DIVI3 SION.—Section 308 of the Homeland Security Act of 2002 

4 (6 U.S.C. 188) is amended— 

5 (1) in subsection (a), by inserting ‘‘and through 

6 the Test, Evaluation, and Standards Division of the 

7 Directorate’’ after ‘‘programs’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(d) TEST, EVALUATION, AND STANDARDS DIVI10 SION.— 

11 ‘‘(1) ESTABLISHMENT.—There is established in 

12 the Directorate of Science and Technology a Test, 

13 Evaluation, and Standards Division. 

14 ‘‘(2) LEADERSHIP.—The Test, Evaluation, and 

15 Standards Division shall be headed by a Director of 

16 Test, Evaluation, and Standards. 

17 ‘‘(3) RESPONSIBILITIES, AUTHORITIES, AND

18 FUNCTIONS.—The Secretary, acting through the Di19 rector of Test, Evaluation, and Standards, shall— 

20 ‘‘(A) ensure the effectiveness, reliability, 

21 and suitability of testing and evaluation activi22 ties conduct by or on behalf of components and 

23 agencies of the Department in acquisition pro24 grams that are designated as high-risk major 

25 acquisition programs; 


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1 ‘‘(B) provide the Department with inde2 pendent and objective assessments of the ade3 quacy of testing and evaluation activities con4 ducted in support of acquisition programs that 

5 are designed as high-risk major acquisition pro6 grams; 

7 ‘‘(C) review and approve all Testing and 

8 Evaluation Master Plans, test plans, and test9 ing evaluation procedures for acquisition pro10 grams that are designated as high-risk major 

11 acquisition programs; 

12 ‘‘(D) develop testing and evaluation poli13 cies for the Department; 

14 ‘‘(E) develop a testing and evaluation in15 frastructure investment plan to modernize de16 partmental test-bed facilities that conduct de17 velopmental, performance, or operational testing 

18 in support of acquisition programs that are des19 ignated as high-risk major acquisition pro20 grams; 

21 ‘‘(F) accredit test facilities or test-beds, as 

22 necessary, that will be used by the Department 

23 for testing and evaluation activities; and 

24 ‘‘(G) support the development and adop25 tion of voluntary standards in accordance with 


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1 section 12(d) of the National Technology 

2 Transfer and Advancement Act of 1995 (15 

3 U.S.C. 272 note). 

4 ‘‘(4) DEFINITION.—In this subsection, the term 

5 ‘high-risk major acquisition program’ means any ac6 quisition program that is— 

7 ‘‘(A) designated as a Level 1 acquisition 

8 under the policies of the Acquisition Review 

9 Board of the Department established under sec10 tion 707; or 

11 ‘‘(B) otherwise designated by the Secretary 

12 as a complex, high-risk, or major acquisition 

13 programs requiring enhanced oversight by the 

14 Department.’’. 

15 (b) OVERSIGHT.—Not later than 60 days after the 

16 date of enactment of this Act, the Secretary shall submit 

17 to the Committee on Homeland Security and Govern18 mental Affairs of the Senate and the Committee on Home19 land Security of the House of Representatives a report 

20 that identifies each current or planned high-risk major ac21 quisition program, as defined in this section. 

22 SEC. 703. DIRECTOR OF OPERATIONAL TESTING. 

23 (a) IN GENERAL.—Title III of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 


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1 section 605 of this Act, is amended by adding at the end 

2 the following: 

3 ‘‘SEC. 319. DIRECTOR OF OPERATIONAL TESTING. 

4 ‘‘(a) DEFINITIONS.—In this section— 

5 ‘‘(1) the term ‘high-risk major acquisition pro6 gram’ has the meaning given that term in section 

7 308(d)(4); and 

8 ‘‘(2) the term ‘operational test and evaluation’ 

9 means testing conducted under realistic operational 

10 conditions of any item or key component of a high11 risk major acquisition program for the purpose of 

12 determining the operational effectiveness, perform13 ance, suitability, reliability, availability, and mainte14 nance of the system for the intended mission. 

15 ‘‘(b) ESTABLISHMENT.—There is in the Department 

16 a Director of Operational Testing, who shall report to the 

17 Under Secretary for Science and Technology and the 

18 Under Secretary for Management on the operational test19 ing and evaluation of all high-risk major acquisition pro20 grams. 

21 ‘‘(c) ACCESS TO RECORDS AND DATA.— 

22 ‘‘(1) IN GENERAL.—The Director of Oper23 ational Testing shall have prompt and full access to 

24 test and evaluation documents, data, and test results 

25 of the Department that the Director considers necVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 essary to review in order to carry out the duties of 

2 the Director under this section. 

3 ‘‘(2) OBSERVERS.—The Director of Operational 

4 Testing may require that observers designated by 

5 the Director shall be present during the preparation 

6 for and the conduct of any operational test and eval7 uation conducted of a high-risk major acquisition 

8 program. 

9 ‘‘(3) REPORTING BY PROGRAM MANAGERS.— 

10 The program manager of a high-risk major acquisi11 tion program shall promptly report to the Director 

12 of Operational Testing the results of any operational 

13 test and evaluation conducted for a system in that 

14 program. 

15 ‘‘(d) SAFETY CONCERNS.—The Director of Oper16 ational Testing shall ensure that any safety concern devel17 oped during the test and evaluation of a system in a high18 risk major acquisition program are communicated in a 

19 timely manner to the Program Manager and Component 

20 Head for the applicable program. 

21 ‘‘(e) REPORTING TO CONGRESS.—The Director shall 

22 promptly comply with any request made by the Committee 

23 on Homeland Security and Governmental Affairs of the 

24 Senate or the Committee on Homeland Security of the 

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1 ing to the operational test and evaluation of a high-risk 

2 major acquisition program.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of contents in section 1(b) of the Homeland Se5 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

6 inserting after the item relating to section 318, as added 

7 by section 605 of this Act, the following: 

‘‘Sec. 319. Director of Operational Testing.’’. 

8 SEC. 704. AVAILABILITY OF TESTING FACILITIES AND 

9 EQUIPMENT. 

10 (a) AUTHORITY.—The Under Secretary for Science 

11 and Technology may make available to any person or enti12 ty, for an appropriate fee, the services of any center or 

13 other testing facility owned and operated by the Depart14 ment for the testing of materials, equipment, models, com15 puter software, and other items designed to advance the 

16 homeland security mission. 

17 (b) INTERFERENCE WITH FEDERAL PROGRAMS.— 

18 The Under Secretary for Science and Technology shall en19 sure that the testing of materials, equipment, models, 

20 computer software, or other items not owned by the Fed21 eral Government shall not cause personnel or other re22 sources of the Federal Government to be diverted from 

23 scheduled Federal Government tests or otherwise interfere 

24 with Federal Government mission requirements. 


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1 (c) CONFIDENTIALITY OF TEST RESULTS.—The re2 sults of tests performed with services made available under 

3 subsection (a) and any associated data provided by the 

4 person or entity for the conduct of the tests— 

5 (1) are trade secrets and commercial or finan6 cial information that is privileged or confidential 

7 within the meaning of section 552(b)(4) of title 5, 

8 United States Code; and 

9 (2) may not be disclosed outside the Federal 

10 Government without the consent of the person or en11 tity for whom the tests are performed. 

12 (d) FEES.—The fee for using the services of a center 

13 or facility under subsection (a) may not exceed the amount 

14 necessary to recoup the direct and indirect costs involved, 

15 such as direct costs of utilities, contractor support, and 

16 salaries of personnel, that are incurred by the Federal 

17 Government to provide for the testing. 

18 (e) USE OF FEES.—Any fee collected under sub19 section (a) shall be credited to the appropriations or other 

20 funds of the Directorate of Science and Technology and 

21 shall be used to directly support the research and develop22 ment activities of the Department. 

23 (f) OPERATIONAL PLAN.— 

24 (1) IN GENERAL.—Not later than 90 days after 

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1 retary for Science and Technology shall submit to 

2 Congress a report detailing a plan for exercising the 

3 authority to make available a center or other testing 

4 facility under this section. 

5 (2) CONTENTS.—The plan submitted under 

6 paragraph (1) shall include— 

7 (A) a list of the facilities and equipment 

8 that could be made available to a person or en9 tity under this section; 

10 (B) a 5-year budget plan, including the 

11 costs for facility construction, staff training, 

12 contract and legal fees, equipment maintenance 

13 and operation, and any incidental costs associ14 ated with exercising the authority to make 

15 available a center or other testing facility under 

16 this section; 

17 (C) a 5-year estimate of the number of 

18 persons and entities that may use a center or 

19 other testing facility and fees to be collected 

20 under this section; 

21 (D) a list of criteria to be used by the 

22 Under Secretary for Science and Technology in 

23 selecting persons and entities to use a center or 

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1 ing any special requirements for foreign appli2 cants; and 

3 (E) an assessment of the effect the author4 ity to make available a center or other testing 

5 facility under this section would have on the 

6 ability of a center or testing facility to meet its 

7 obligations under other Federal programs. 

8 (g) REPORT TO CONGRESS.—The Under Secretary 

9 for Science and Technology shall submit to Congress an 

10 annual report containing a list of the centers and testing 

11 facilities that have collected fees under this section, the 

12 amount of fees collected, a brief description of each use 

13 of a center or facility under this section, and the purpose 

14 for which the testing was conducted. 

15 SEC. 705. HOMELAND SECURITY SCIENCE AND TECH16 NOLOGY ADVISORY COMMITTEE. 

17 (a) IN GENERAL.—Section 311(j) of the Homeland 

18 Security Act of 2002 (6 U.S.C. 191(j)) is amended by 

19 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

20 31, 2012’’. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that the Department should fully use the Homeland 

23 Security Science and Technology Advisory Committee to 

24 address the science and technology challenges of the De25 partment. 


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1 SEC. 706. NATIONAL ACADEMY OF SCIENCES REPORT. 

2 (a) IN GENERAL.—The Under Secretary for Science 

3 and Technology shall enter into an agreement with the 

4 National Research Council of the National Academy of 

5 Sciences to produce a report updating the 2002 report of 

6 the National Research Council entitled ‘‘Making the Na7 tion Safer’’ (in this section referred to as the ‘‘2002 re8 port’’). 

9 (b) CONTENT OF REPORT.—The report produced 

10 under subsection (a) shall— 

11 (1) reexamine the framework in the 2002 re12 port for the application of science and technology for 

13 countering terrorism and homeland security; 

14 (2) reassess the research agendas in the 9 areas 

15 addressed in the 2002 report, and in any new areas 

16 the National Research Council determines to ad17 dress; 

18 (3) define priority research areas that have not 

19 been sufficiently addressed by Federal Government 

20 research and development activities since 2002; 

21 (4) assess the efficacy of the organizational 

22 structure and processes of the Federal Government 

23 for conducting research and development relating to 

24 counterterrorism and homeland security; 

25 (5) assess the efficacy of the science and tech26 nology workforce in the United States in terms of 


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1 supporting research and development relating to 

2 counterterrorism and homeland security; and 

3 (6) address other related topics that the Na4 tional Research Council determines to examine. 

5 (c) PUBLICATION.—Not later than 1 year after the 

6 date of enactment of this Act, the National Research 

7 Council shall release the report produced under subsection 

8 (a) and make the report available free of charge on the 

9 website of the National Academies. 

10 (d) AUTHORIZATION.—Of the total authorized in sec11 tion 101 of this Act for fiscal year 2009, $1,000,000 is 

12 authorized to carry out this section. 

13 SEC. 707. MATERIAL THREATS. 

14 (a) IN GENERAL.— 

15 (1) MATERIAL THREATS.—Section 319F– 

16 2(c)(2)(A) of the Public Health Service Act (42 

17 U.S.C. 247d–6b(c)(2)(A)) is amended— 

18 (A) by redesignating clauses (i) and (ii) as 

19 subclauses (I) and (II), respectively; 

20 (B) by moving each of such subclauses 2 

21 ems to the right; 

22 (C) by striking ‘‘(A) MATERIAL THREAT.— 

23 The Homeland Security Secretary’’ and insert24 ing the following: 

25 ‘‘(A) MATERIAL THREAT.— 


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1 ‘‘(i) IN GENERAL.—The Homeland 

2 Security Secretary’’; and 

3 (D) by adding at the end the following 

4 clauses: 

5 ‘‘(ii) GROUPINGS TO FACILITATE AS6 SESSMENT OF COUNTERMEASURES.— 

7 ‘‘(I) IN GENERAL.—In con8 ducting threat assessments and deter9 minations under clause (i) of chem10 ical, biological, radiological, and nu11 clear agents, the Homeland Security 

12 Secretary may consider the completion 

13 of such assessments and determina14 tions for groups of agents toward the 

15 goal of facilitating the assessment of 

16 countermeasures under paragraph (3) 

17 by the Secretary. 

18 ‘‘(II) CATEGORIES OF COUNTER19 MEASURES.—The grouping of agents 

20 under subclause (I) by the Homeland 

21 Security Secretary shall be designed, 

22 in consultation with the Secretary, to 

23 facilitate assessments under para24 graph (3) by the Secretary regarding 


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1 the following two categories of coun2 termeasures: 

3 ‘‘(aa) Countermeasures that 

4 may address more than one 

5 agent identified under clause 

6 (i)(II). 

7 ‘‘(bb) Countermeasures that 

8 may address adverse health con9 sequences that are common to 

10 exposure to different agents. 

11 ‘‘(III) RULE OF CONSTRUC12 TION.—A particular grouping of 

13 agents pursuant to subclause (II) is 

14 not required under such subclause to 

15 facilitate assessments of both cat16 egories of countermeasures described 

17 in such subclause. A grouping may 

18 concern one category and not the 

19 other. 

20 ‘‘(iii) TIMEFRAME FOR COMPLETION

21 OF CERTAIN NATIONAL SECURITY DETER22 MINATIONS.—With respect to chemical and 

23 biological agents and particular radio24 logical isotopes and nuclear materials, or 

25 appropriate groupings of such agents, 


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1 known to the Homeland Security Secretary 

2 as of the day before the date of the enact3 ment of this clause, and which such Sec4 retary considers to be capable of signifi5 cantly affecting national security, such 

6 Secretary shall complete the determina7 tions under clause (i)(II) not later than 

8 December 31, 2009. 

9 ‘‘(iv) REPORT TO CONGRESS.—Not 

10 later than 30 days after the date on which 

11 the Homeland Security Secretary com12 pletes a material threat assessment under 

13 clause (i) or a risk assessment for the pur14 pose of satisfying such clause, such Sec15 retary shall submit to Congress a report 

16 containing the results of such assessment. 

17 ‘‘(v) DEFINITION.—For purposes of 

18 this subparagraph, the term ‘risk assess19 ment’ means a scientific, technically based 

20 analysis of agents that incorporates threat, 

21 vulnerability, and consequence informa22 tion.’’. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENTS.—Section 319F–2(c) of the Public Health 

25 Service Act (42 U.S.C. 247d–6b(c)) is amended— 


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1 (A) in paragraph (1)(B)(i)(I), by striking 

2 ‘‘paragraph (2)(A)(ii)’’ and inserting ‘‘para3 graph (2)(A)(i)(II)’’; and 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (B)— 

6 (I) in clause (i), by striking ‘‘sub7 paragraph (A)(ii)’’ and inserting 

8 ‘‘subparagraph (A)(i)(II)’’; and 

9 (II) in clause (ii), by striking 

10 ‘‘subparagraph (A)(ii)’’ and inserting 

11 ‘‘subparagraph (A)(i)(II)’’; 

12 (ii) in subparagraph (C), by striking 

13 ‘‘subparagraph (A)’’ and inserting ‘‘sub14 paragraph (A)(i)’’; and 

15 (iii) in subparagraph (D), by striking 

16 ‘‘subparagraph (A)’’ and inserting ‘‘sub17 paragraph (A)(i)’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 521(d) of the Homeland Security Act of 2002 (6 U.S.C. 

20 321–j(d)) is amended— 

21 (1) in paragraph (1), by striking ‘‘2006,’’ and 

22 inserting ‘‘2010,’’; and 

23 (2) by adding at the end the following: 

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1 MENTS.—For the purpose of providing an additional 

2 amount to the Secretary to assist the Secretary in 

3 meeting the requirements of clause (iii) of section 

4 319F–2(c)(2)(A)) of the Public Health Service Act 

5 (relating to time frames), there are authorized to be 

6 appropriated such sums as may be necessary for fis7 cal year 2009, in addition to the authorization of ap8 propriations established in paragraph (1). The pur9 poses for which such additional amount may be ex10 pended include conducting risk assessments regard11 ing clause (i)(II) of such section when there are no 

12 existing risk assessments that the Secretary con13 siders credible.’’. 

14 TITLE VIII—BORDER SECURITY 

15 PROVISIONS 

16 Subtitle A—Border Security 

17 Generally 

18 SEC. 801. INCREASE OF CUSTOMS AND BORDER PROTEC19 TION OFFICERS AND SUPPORT STAFF AT 

20 PORTS OF ENTRY. 

21 (a) CUSTOMS AND BORDER PROTECTION OFFI22 CERS.—For each of the fiscal years 2009 through 2011, 

23 the Secretary shall, subject to the availability of appro24 priations for such purpose and in accordance with sub25 section (c), increase annually by not less than 1,000, the 


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1 total number of full-time, active-duty Customs and Border 

2 Protection Officers within U.S. Customs and Border Pro3 tection for posting at United States ports of entry over 

4 the number of such Officers authorized on the last day 

5 of the previous fiscal year. 

6 (b) BORDER SECURITY SUPPORT PERSONNEL.—For 

7 each of the fiscal years 2009 through 2011, the Secretary 

8 shall, subject to the availability of appropriations for such 

9 purpose, increase annually by not less than a total of 171, 

10 the number of full-time border security support personnel 

11 assigned to United States ports of entry over the number 

12 of such support personnel authorized on the last day of 

13 the previous fiscal year. 

14 (c) WORKFORCE STAFFING MODEL.— 

15 (1) IN GENERAL.—Not later than December 31, 

16 2008, and every 2 years thereafter, the Secretary 

17 shall submit to the Committee on Homeland Secu18 rity and Governmental Affairs of the Senate and the 

19 Committee on Homeland Security of the House of 

20 Representatives a workforce staffing model— 

21 (A) detailing the optimal level of staffing 

22 required to carry out the responsibilities of U.S. 

23 Customs and Border Protection; and 


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1 (B) describing the process through which 

2 U.S. Customs and Border Protection makes 

3 workforce allocation decisions. 

4 (2) REVIEW BY GOVERNMENT ACCOUNTABILITY

5 OFFICE.—Not later than 45 days after the date on 

6 which the Secretary submits the workforce staffing 

7 model under paragraph (1), the Comptroller General 

8 of the United States shall review and submit an as9 sessment of the workforce staffing model to the 

10 Committee on Homeland Security and Governmental 

11 Affairs of the Senate and the Committee on Home12 land Security of the House of Representatives. 

13 (d) AUTHORIZATION OF APPROPRIATIONS FOR ADDI14 TIONAL PERSONNEL.— 

15 (1) IN GENERAL.—There are authorized to be 

16 appropriated to the Secretary for the purpose of 

17 meeting the staffing requirements provided for in 

18 subsections (a) and (b) such sums as are necessary. 

19 (2) SUPPLEMENT NOT SUPPLANT.—Amounts 

20 appropriated pursuant to paragraph (1) shall sup21 plement and not supplant any other amounts au22 thorized to be appropriated to U.S. Customs and 

23 Border Protection for staffing. 


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1 SEC. 802. CUSTOMS AND BORDER PROTECTION OFFICER 

2 TRAINING. 

3 (a) ENSURING CUSTOMS AND BORDER PROTECTION

4 OFFICER TRAINING.—The Commissioner responsible for 

5 U.S. Customs and Border Protection (in this section re6 ferred to as the ‘‘Commissioner’’) shall incorporate into 

7 an existing database or develop a database system, by 

8 June 30, 2009, that identifies for each Customs and Bor9 der Protection Officer— 

10 (1) the assigned port placement location; 

11 (2) the specific assignment and responsibilities; 

12 (3) the required initial training courses com13 pleted; 

14 (4) the required ongoing training courses avail15 able and completed; 

16 (5) for each training course completed, the 

17 method by which the training was delivered (class18 room, internet/computer, on-the-job, CD–ROM); 

19 (6) for each training course, the time allocated 

20 during on-duty hours within which training must be 

21 completed; 

22 (7) for each training course offered, the dura23 tion of training and the amount of time an employee 

24 must be absent from work to complete the training; 

25 (8) if training has been postponed, the basis for 

26 postponing training; 


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1 (9) the date training was completed; 

2 (10) certification or evidence of completion of 

3 each training course; and 

4 (11) certification by a supervising officer that 

5 the Officer is able to carry out the function for 

6 which the training was provided. 

7 (b) IDENTIFYING AND ENHANCING ON-THE-JOB

8 TRAINING.—Not later than June 30, 2009, the Commis9 sioner shall— 

10 (1) review the mission and responsibilities of 

11 Customs and Border Protection Officers carried out 

12 at air, land, and sea ports of entry in both primary 

13 and secondary inspections areas; 

14 (2) develop an inventory of specific tasks that 

15 must be performed by Customs and Border Protec16 tion Officers throughout the entire inspection proc17 ess at ports of entry, including tasks to be per18 formed in primary and secondary inspections areas; 

19 (3) ensure that on-the-job training includes su20 pervised and evaluated performance of those tasks 

21 identified in paragraph (2) or a supervised and eval22 uated practical training exercise that simulates the 

23 on-the-job experience; and 

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1 graph (2) and for providing feedback to officers on 

2 a regular basis. 

3 (c) USE OF DATA.—The Commissioner shall use the 

4 information developed under subsection (a) and subsection 

5 (b)(2) to— 

6 (1) develop specific training requirements for 

7 Customs and Border Protection Officers to ensure 

8 that Officers have sufficient training to conduct pri9 mary and secondary inspections at land, air, and sea 

10 ports of entry; 

11 (2) measure progress toward achieving those 

12 training requirements; and 

13 (3) make staffing allocation decisions. 

14 (d) COMPETENCY.—Supervisors of on-the-job train15 ing shall— 

16 (1) attest to the competency of Customs and 

17 Border Protection Officers to carry out the functions 

18 for which the Officers received training; and 

19 (2) provide feedback to the Officers on perform20 ance. 

21 SEC. 803. MOBILE ENROLLMENT TEAMS PILOT PROJECT. 

22 Section 7209(b) of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (8 U.S.C. 1185 note) is 

24 amended by adding at the end the following: 

25 ‘‘(3) MOBILE ENROLLMENT TEAMS.— 


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1 ‘‘(A) IN GENERAL.— 

2 ‘‘(i) ESTABLISHMENT.—Not later 

3 than November 1, 2008, the Secretary of 

4 Homeland Security, in conjunction with 

5 the Secretary of State, shall establish 20 

6 temporary mobile enrollment teams along 

7 the international borders to assist United 

8 States citizens in applying for passport 

9 cards and passports. Not more than a total 

10 of 40 personnel shall be assigned to par11 ticipate on the teams. 

12 ‘‘(ii) AUTHORIZATION OF APPROPRIA13 TIONS FOR ADDITIONAL PERSONNEL.— 

14 ‘‘(I) IN GENERAL.—There are 

15 authorized to be appropriated to the 

16 Secretary of Homeland Security for 

17 the purpose of meeting the staffing 

18 requirements under this paragraph 

19 such sums as may be necessary. 

20 ‘‘(II) SUPPLEMENT NOT SUP21 PLANT.—Amounts appropriated pur22 suant to subclause (I) shall supple23 ment and not supplant any other 

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1 priated to the U.S. Customs and Bor2 der Protection for staffing. 

3 ‘‘(B) DEPLOYMENT.—Enrollment teams 

4 established under subparagraph (A) shall be de5 ployed to communities in each State that has a 

6 land or maritime border with Canada or Mex7 ico. In allocating teams among the States, con8 sideration shall be given to the number of pass9 port acceptance facilities in the State and the 

10 length of the international border of the State. 

11 ‘‘(C) COORDINATION; OUTREACH.—In de12 ploying enrollment teams under subparagraph 

13 (B), the Secretary shall— 

14 ‘‘(i) implement this provision in con15 junction with the Secretary of State; 

16 ‘‘(ii) develop an awareness and out17 reach campaign for the mobile enrollment 

18 program; and 

19 ‘‘(iii) coordinate with Federal, State, 

20 and local government officials in strategic 

21 locations along the northern and southern 

22 international borders to temporarily secure 

23 suitable space to conduct enrollments. 

24 ‘‘(D) FEES.— 


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1 ‘‘(i) EXECUTION FEES.—Notwith2 standing any other provision of law, the 

3 Secretary of Homeland Security and the 

4 Secretary of State may not charge an exe5 cution fee for a passport or a passport 

6 card obtained through a mobile enrollment 

7 team established under this paragraph. 

8 ‘‘(ii) APPLICATION FEES.—The Sec9 retary of State may charge an application 

10 fee for a passport card obtained through a 

11 mobile enrollment team in an amount not 

12 to exceed— 

13 ‘‘(I) $20 for individuals who are 

14 16 years of age or older; and 

15 ‘‘(II) $10 for individuals who are 

16 younger than 16 years of age. 

17 ‘‘(E) REPORT.—Not later than November 

18 1, 2008, the Secretary of Homeland Security 

19 shall submit a report to the appropriate con20 gressional committees that describes— 

21 ‘‘(i) the status of the implementation 

22 of the mobile enrollment team pilot project; 

23 ‘‘(ii) the number and location of the 

24 enrollment teams that have been deployed; 

25 and 


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1 ‘‘(iii) the amount of Federal appro2 priations needed to expand the number of 

3 mobile enrollment teams. 

4 ‘‘(F) SUNSET.—The mobile enrollment 

5 team pilot project established under this para6 graph shall terminate on July 1, 2010.’’. 

7 SEC. 804. FEDERAL-STATE BORDER SECURITY COOPERA8 TION. 

9 (a) IN GENERAL.—Title XX of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 601 et seq.) is amended by 

11 adding at the end the following: 

12 ‘‘Subtitle C—Other Grant Programs 

13 ‘‘SEC. 2041. BORDER SECURITY ASSISTANCE PROGRAM. 

14 ‘‘(a) BORDER SECURITY TASK FORCES.—The Com15 missioner responsible for U.S. Customs and Border Pro16 tection (in this section referred to as the ‘Commissioner’), 

17 in conjunction with appropriate State, local, and tribal of18 ficials, may establish State or regional task forces to facili19 tate the coordination of the activities of State, local, or 

20 tribal law enforcement and other officials with Federal ef21 forts to enhance the Nation’s border security. 

22 ‘‘(b) FINANCIAL ASSISTANCE.— 

23 ‘‘(1) IN GENERAL.—In support of the task 

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1 tion with the Commissioner, is authorized to make 

2 grants to States to facilitate and enhance State, 

3 local, and tribal participation in border security ef4 forts. 

5 ‘‘(2) ELIGIBILITY.—A State is eligible to apply 

6 for a grant under this section if— 

7 ‘‘(A) the State is located on the inter8 national border between the United States and 

9 Mexico or the United States and Canada; and 

10 ‘‘(B) the State, local, or tribal governments 

11 within the State, participate in a task force de12 scribed in subsection (a). 

13 ‘‘(3) AVAILABILITY OF FUNDS TO LOCAL AND

14 TRIBAL GOVERNMENTS.—Not later than 45 days 

15 after receiving grant funds, any State that receives 

16 a grant under this section shall obligate or otherwise 

17 make available to local and tribal governments— 

18 ‘‘(A) not less than 80 percent of the grant 

19 funds; 

20 ‘‘(B) with the consent of local and tribal 

21 governments, eligible expenditures having a 

22 value of not less than 80 percent of the amount 

23 of the grant; or 

24 ‘‘(C) with the consent of local and tribal 

25 governments, grant funds combined with other 


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1 eligible expenditures having a total value of not 

2 less than 80 percent of the amount of the 

3 grant. 

4 ‘‘(4) LIMITATIONS ON USE OF FUNDS.—Funds 

5 provided under this section may not be used— 

6 ‘‘(A) to supplant State, local, or tribal gov7 ernment funds; 

8 ‘‘(B) to pay salaries and benefits for per9 sonnel, other than overtime expenses; 

10 ‘‘(C) to purchase vehicles, vessels or air11 craft; and 

12 ‘‘(D) to construct and renovate buildings 

13 or other physical facilities. 

14 ‘‘(5) PRIORITIZATION.—In allocating funds 

15 among eligible States applying for grants under this 

16 section, the Administrator shall consider for each eli17 gible State— 

18 ‘‘(A) the relative threat, vulnerability, and 

19 consequences from acts of terrorism to that 

20 State, including consideration of— 

21 ‘‘(i) the most current threat assess22 ments available to the Department relevant 

23 to the border of that State; 

24 ‘‘(ii) the length of the international 

25 border of that State; and 


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1 ‘‘(iii) such other factors as the Admin2 istrator may provide; and 

3 ‘‘(B) the anticipated effectiveness of the 

4 proposed use of the grant by the State to en5 hance border security capabilities. 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated for grants under this 

8 section $20,000,000 for each of the fiscal years 2009 

9 through 2013.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of contents in section 1(b) of the Homeland Se12 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

13 inserting after the item relating to section 2022 the fol14 lowing: 

‘‘Subtitle C—Other Grant Programs 

‘‘Sec. 2041. Border security assistance program.’’. 

15 Subtitle B—Customs and Border 

16 Protection Agriculture Specialists 

17 SEC. 811. SENSE OF THE SENATE. 

18 It is the sense of the Senate that— 

19 (1) agriculture specialists in U.S. Customs and 

20 Border Protection at the Department serve a critical 

21 role in protecting the United States from both the 

22 unintentional and the intentional introduction of dis23 eases or pests that threaten the economy and human 

24 health of the United States through— 


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1 (A) applying advanced scientific education 

2 and expertise to the examination of foreign ag3 riculture products; 

4 (B) identifying and intercepting harmful 

5 pests and plant and animal diseases; and 

6 (C) seizing and destroying infested prod7 ucts that would result in harm to the United 

8 States; 

9 (2) customs and border protection agriculture 

10 specialists enhance the security of the United States 

11 and are an integral part of the border protection 

12 force of the Department by working synergistically 

13 and sharing information with others in the Depart14 ment who are responsible for protecting the borders 

15 and keeping dangerous people and things out of the 

16 United States; and 

17 (3) there should be continued and additional 

18 support for customs and border protection agri19 culture specialists and their unique mission. 

20 SEC. 812. INCREASE IN NUMBER OF U.S. CUSTOMS AND 

21 BORDER PROTECTION AGRICULTURE SPE22 CIALISTS. 

23 (a) IN GENERAL.—Subject to the availability of ap24 propriations, the Secretary shall increase the number of 

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1 cialists for United States ports of entry by not fewer than 

2 195 each fiscal year, for fiscal years 2009 through 2013, 

3 over the number of customs and border protection agri4 culture specialists authorized on the last day of the pre5 vious fiscal year. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Department for 

8 the purpose of increasing the number of customs and bor9 der protection agriculture specialists such sums as nec10 essary for fiscal years 2009 through 2013. 

11 SEC. 813. AGRICULTURE SPECIALIST CAREER TRACK. 

12 (a) IN GENERAL.—The Secretary, acting through the 

13 Commissioner responsible for U.S. Customs and Border 

14 Protection— 

15 (1) shall ensure that appropriate career paths 

16 for customs and border protection agriculture spe17 cialists are identified, including the education, train18 ing, experience, and assignments necessary for ca19 reer progression within U.S. Customs and Border 

20 Protection; 

21 (2) shall publish information on the career 

22 paths described in paragraph (1); and 

23 (3) may establish criteria by which appro24 priately qualified U.S. Customs and Border ProtecVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 tion technicians may be promoted to customs and 

2 border protection agriculture specialists. 

3 (b) EDUCATION, TRAINING, AND EXPERIENCE.—The 

4 Secretary, acting through the Commissioner responsible 

5 for U.S. Customs and Border Protection, shall ensure that 

6 all customs and border protection agriculture specialists 

7 are provided the opportunity to acquire the education, 

8 training, and experience necessary to qualify for pro9 motion within U.S. Customs and Border Protection. 

10 SEC. 814. AGRICULTURE SPECIALIST RECRUITMENT AND 

11 RETENTION. 

12 Not later than 270 days after the date of enactment 

13 of this Act, the Secretary, acting through the Commis14 sioner responsible for U.S. Customs and Border Protec15 tion, shall develop a plan for more effective recruitment 

16 and retention of qualified customs and border protection 

17 agriculture specialists, including numerical goals for in18 creased recruitment and retention and the use of bonuses 

19 and other incentives where appropriate and permissible 

20 under existing laws and regulations. 

21 SEC. 815. RETIREMENT PROVISIONS FOR AGRICULTURE 

22 SPECIALISTS AND SEIZED PROPERTY SPE23 CIALISTS. 

24 (a) AMENDMENTS RELATING TO THE CIVIL SERVICE

25 RETIREMENT SYSTEM.— 


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1 (1) DEFINITIONS.—Section 8331 of title 5, 

2 United States Code, is amended— 

3 (A) by striking ‘‘and’’ at the end of para4 graph (30); 

5 (B) by striking the period at the end of 

6 paragraph (31) and inserting a semicolon; and 

7 (C) by adding at the end the following: 

8 ‘‘(32) ‘customs and border protection agri9 culture specialist’ means an employee in the Depart10 ment of Homeland Security— 

11 ‘‘(A) who holds a position within the GS– 

12 0401 job series (determined by applying the cri13 teria in effect as of September 1, 2008) or any 

14 successor position; and 

15 ‘‘(B) whose duties include activities relat16 ing to preventing the introduction of harmful 

17 pests, plant and animal diseases, and other bio18 logical threats at ports of entry, including any 

19 such employee who is transferred directly to a 

20 supervisory or administrative position in the 

21 Department of Homeland Security after per22 forming such duties in 1 or more positions (as 

23 described in subparagraph (A)) for at least 3 

24 years; 


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1 ‘‘(33) ‘customs and border protection seized 

2 property specialist’ means an employee in the De3 partment of Homeland Security— 

4 ‘‘(A) who holds a position within the GS– 

5 1801 job series (determined by applying the cri6 teria in effect as of September 1, 2008) or any 

7 successor position; and 

8 ‘‘(B) whose duties include activities relat9 ing to the efficient and effective custody, man10 agement, and disposition of seized or forfeited 

11 property, including any such employee who is 

12 transferred directly to a supervisory or adminis13 trative position in the Department of Homeland 

14 Security after performing such duties in 1 or 

15 more positions (as described in subparagraph 

16 (A)) for at least 3 years; and’’. 

17 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS18 ITS.—Section 8334 of title 5, United States Code, is 

19 amended— 

20 (A) in subsection (a)(1)(A), by striking ‘‘or 

21 customs and border protection officer,’’ and in22 serting ‘‘or customs and border protection offi23 cer, customs and border protection agriculture 

24 specialist, or customs and border protection 

25 seized property specialist’’; and 


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1 (B) in the table contained in subsection 

2 (c), by adding at the end the following: 

‘‘Customs and border protection agriculture specialist 

and customs and border protection seized property specialist 

7.5 After April 1, 2009.’’. 

3 (3) MANDATORY SEPARATION.—The first sen4 tence of section 8335(b)(1) of title 5, United States 

5 Code, is amended by striking ‘‘or customs and bor6 der protection officer’’ and inserting ‘‘or customs 

7 and border protection officer, customs and border 

8 protection agriculture specialist, or customs and bor9 der protection seized property specialist’’. 

10 (4) IMMEDIATE RETIREMENT.—Section 8336 of 

11 title 5, United States Code, is amended— 

12 (A) in subsection (c)(1), by striking ‘‘or 

13 customs and border protection officer’’ and in14 serting ‘‘or customs and border protection offi15 cer, customs and border protection agriculture 

16 specialist, or customs and border protection 

17 seized property specialist’’; and 

18 (B) in subsections (m) and (n), by striking 

19 ‘‘or as a customs and border protection officer’’ 

20 and inserting ‘‘or as a customs and border pro21 tection officer, customs and border protection 

22 agriculture specialist, or customs and border 

23 protection seized property specialist’’. 


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1 (b) AMENDMENTS RELATING TO THE FEDERAL EM2 PLOYEES’ RETIREMENT SYSTEM.— 

3 (1) DEFINITIONS.—Section 8401 of title 5, 

4 United States Code, is amended— 

5 (A) in paragraph (35), by striking ‘‘and’’ 

6 at the end; 

7 (B) in paragraph (36), by striking the pe8 riod and inserting a semicolon; and 

9 (C) by adding at the end the following: 

10 ‘‘(37) ‘customs and border protection agri11 culture specialist’ means an employee in the Depart12 ment of Homeland Security— 

13 ‘‘(A) who holds a position within the GS– 

14 0401 job series (determined by applying the cri15 teria in effect as of September 1, 2008) or any 

16 successor position; and 

17 ‘‘(B) whose duties include activities relat18 ing to preventing the introduction of harmful 

19 pests, plant and animal diseases, and other bio20 logical threats at ports of entry, including any 

21 such employee who is transferred directly to a 

22 supervisory or administrative position in the 

23 Department of Homeland Security after per24 forming such duties (as described in subparaVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 graph (B)) in 1 or more positions (as described 

2 in subparagraph (A)) for at least 3 years; 

3 ‘‘(38) ‘customs and border protection seized 

4 property specialist’ means an employee in the De5 partment of Homeland Security— 

6 ‘‘(A) who holds a position within the GS– 

7 1801 job series (determined by applying the cri8 teria in effect as of September 1, 2008) or any 

9 successor position; and 

10 ‘‘(B) whose duties include activities relat11 ing to the efficient and effective custody, man12 agement, and disposition of seized or forfeited 

13 property, including any such employee who is 

14 transferred directly to a supervisory or adminis15 trative position in the Department of Homeland 

16 Security after performing such duties (as de17 scribed in subparagraph (B)) in 1 or more posi18 tions (as described in subparagraph (A)) for at 

19 least 3 years; and’’. 

20 (2) IMMEDIATE RETIREMENT.—Paragraphs (1) 

21 and (2) of section 8412(d) of title 5, United States 

22 Code, are amended by striking ‘‘or customs and bor23 der protection officer’’ and inserting ‘‘or customs 

24 and border protection officer, customs and border 


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•S 3623 IS

1 protection agriculture specialist, or customs and bor2 der protection seized property specialist’’. 

3 (3) COMPUTATION OF BASIC ANNUITY.—Section 

4 8415(h)(2) of title 5, United States Code, is amend5 ed by striking ‘‘or customs and border protection of6 ficer’’; and inserting ‘‘or customs and border protec7 tion officer, customs and border protection agri8 culture specialist, or customs and border protection 

9 seized property specialist’’. 

10 (4) DEDUCTIONS FROM PAY.—The table con11 tained in section 8422(a)(3) of title 5, United States 

12 Code, is amended by adding at the end the fol13 lowing: 

Customs and border protection 

agriculture specialist and 

customs and border protection seized property specialist 

7.5 After April 1, 2009. 

14 (5) GOVERNMENT CONTRIBUTIONS.—Para15 graphs (1)(B)(i) and (3) of section 8423(a) of title 

16 5, United States Code, are amended by inserting 

17 ‘‘customs and border protection agriculture special18 ists, and customs and border protection seized prop19 erty specialists’’ after ‘‘customs and border protec20 tion officers,’’ each place it appears. 

21 (6) MANDATORY SEPARATION.—Section 

22 8425(b)(1) of title 5, United States Code, is amend23 ed— 


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1 (A) by striking ‘‘or customs and border 

2 protection officer who’’ and inserting ‘‘or cus3 toms and border protection officer, customs and 

4 border protection agriculture specialist, or cus5 toms and border protection seized property spe6 cialist who’’; and 

7 (B) by striking ‘‘or customs and border 

8 protection officer as the case may be’’ and in9 serting ‘‘or customs and border protection offi10 cer, customs and border protection agriculture 

11 specialist, or customs and border protection 

12 seized property specialist as the case may be’’. 

13 (c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 

14 Section 3307(g) of title 5, United States Code, is amended 

15 by striking ‘‘customs and border protection officer, as de16 fined by section 8401(36)’’ and inserting ‘‘customs and 

17 border protection officer, customs and border protection 

18 agriculture specialist, and customs and border protection 

19 seized property specialist, as defined by section 8401 (36), 

20 (37), and (38), respectively’’. 

21 (d) REGULATIONS.—Any regulations necessary to 

22 carry out the amendments made by this section shall be 

23 prescribed by the Director of the Office of Personnel Man24 agement in consultation with the Secretary. 

25 (e) EFFECTIVE DATE; TRANSITION RULES.— 


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1 (1) EFFECTIVE DATE.—The amendments made 

2 by this section shall become effective on the first day 

3 of the first pay period beginning at least 6 months 

4 after the date of the enactment of this Act. 

5 (2) TRANSITION RULES.— 

6 (A) NONAPPLICABILITY OF MANDATORY

7 SEPARATION PROVISIONS TO CERTAIN INDIVID8 UALS.—The amendments made by subsections 

9 (a)(3) and (b)(6), respectively, shall not apply 

10 to an individual first appointed as a customs 

11 and border protection agriculture specialist or 

12 customs and border protection seized property 

13 officer before the effective date under para14 graph (1). 

15 (B) TREATMENT OF PRIOR SERVICE.— 

16 (i) GENERAL RULE.—Except as pro17 vided in clause (ii), nothing in this section 

18 or any amendment made by this section 

19 shall be considered to apply with respect to 

20 any service performed as a customs and 

21 border protection agriculture specialist or 

22 customs and border protection seized prop23 erty specialist before the effective date 

24 under paragraph (1). 

25 (ii) EXCEPTIONS.— 


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1 (I) Service described in section 

2 8331(32) or 8401(37) of title 5, 

3 United States Code (as amended by 

4 this section) rendered before the effec5 tive date under paragraph (1) may be 

6 taken into account to determine if an 

7 individual who is serving on or after 

8 such effective date then qualifies as a 

9 customs and border protection agri10 culture specialist by virtue of holding 

11 a supervisory or administrative posi12 tion in the Department. 

13 (II) Service described in section 

14 8331(33) or 8401(38) of title 5, 

15 United States Code (as amended by 

16 this section) rendered before the effec17 tive date under paragraph (1) may be 

18 taken into account to determine if an 

19 individual who is serving on or after 

20 such effective date then qualifies as a 

21 customs and border protection agri22 culture specialist by virtue of holding 

23 a supervisory or administrative posi24 tion in the Department. 


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1 (C) MINIMUM ANNUITY AMOUNT.—The an2 nuity of an individual serving as a customs and 

3 border protection agriculture specialist or cus4 toms and border protection seized property spe5 cialist on the effective date under paragraph (1) 

6 pursuant to an appointment made before that 

7 date shall, to the extent that its computation is 

8 based on service rendered as a customs and 

9 border protection agriculture specialist or cus10 toms and border protection seized property spe11 cialist, respectively, on or after that date, be at 

12 least equal to the amount that would be pay13 able— 

14 (i) to the extent that such service is 

15 subject to the Civil Service Retirement 

16 System, by applying section 8339(d) of 

17 title 5, United States Code, with respect to 

18 such service; and 

19 (ii) to the extent such service is sub20 ject to the Federal Employees Retirement 

21 System, by applying section 8415(d) of 

22 title 5, United States Code, with respect to 

23 such service. 

24 (D) RULE OF CONSTRUCTION.—Nothing in 

25 the amendment made by subsection (c) shall be 


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1 considered to apply with respect to any appoint2 ment made before the effective date under para3 graph (1). 

4 (3) ELECTION.— 

5 (A) INCUMBENT DEFINED.—For purposes 

6 of this paragraph, the term ‘‘incumbent’’ means 

7 an individual who is serving as a customs and 

8 border protection agriculture specialist or cus9 toms and border protection seized property spe10 cialist on the date of the enactment of this Act. 

11 (B) NOTICE REQUIREMENT.—Not later 

12 than 30 days after the date of the enactment of 

13 this Act, the Director of the Office of Personnel 

14 Management shall take measures reasonably de15 signed to ensure that incumbents are notified 

16 as to their election rights under this paragraph, 

17 and the effect of making or not making a time18 ly election. 

19 (C) ELECTION AVAILABLE TO INCUM20 BENTS.— 

21 (i) IN GENERAL.—An incumbent may 

22 elect, for all purposes, either— 

23 (I) to be treated in accordance 

24 with the amendments made by sub25 section (a) or (b), as applicable; or 


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1 (II) to be treated as if sub2 sections (a) and (b) had never been 

3 enacted. 

4 Failure to make a timely election under 

5 this paragraph shall be treated in the same 

6 way as an election made under subclause 

7 (I) on the last day allowable under clause 

8 (ii). 

9 (ii) DEADLINE.—An election under 

10 this paragraph shall not be effective unless 

11 it is made at least 14 days before the ef12 fective date under paragraph (1). 

13 (4) DEFINITIONS.—For purposes of this sub14 section— 

15 (A) the term ‘‘customs and border protec16 tion agriculture specialist’’ has the meaning 

17 given such term by section 8331(32) or 

18 8401(37) of title 5, United States Code (as 

19 amended by this section). 

20 (B) the term ‘‘customs and border protec21 tion seized property specialist’’ has the meaning 

22 given such term by section 8331(33) or 

23 8401(38) of title 5, United States Code (as 

24 amended by this section). 


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1 (5) EXCLUSION.—Nothing in this section or 

2 any amendment made by this section shall be consid3 ered to afford any election or to otherwise apply with 

4 respect to any individual who, as of the day before 

5 the date of the enactment of this Act— 

6 (A) holds a position within U.S. Customs 

7 and Border Protection; and 

8 (B) is considered a law enforcement officer 

9 for purposes of subchapter III of chapter 83 or 

10 chapter 84 of title 5, United States Code, by 

11 virtue of such position. 

12 SEC. 816. EQUIPMENT SUPPORT. 

13 Not later than 90 days after the date of enactment 

14 of this Act, the Commissioner responsible for U.S. Cus15 toms and Border Protection shall— 

16 (1) determine the minimum equipment and 

17 other resources at U.S. Customs and Border Protec18 tion agriculture inspection stations and facilities that 

19 are necessary for customs and border protection ag20 riculture specialists to carry out their mission fully 

21 and effectively; 

22 (2) complete an inventory of the equipment and 

23 other resources available at each U.S. Customs and 

24 Border Protection agriculture inspection station and 

25 facility; 


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1 (3) identify the gaps between the necessary 

2 level of equipment and other resources and those 

3 available at agriculture inspection stations and facili4 ties; and 

5 (4) develop a plan to address any gaps identi6 fied under paragraph (3). 

7 SEC. 817. REPORTS. 

8 (a) IMPLEMENTATION OF ACTION PLANS AND

9 EQUIPMENT SUPPORT.—Not later than 90 days after the 

10 date of enactment of this Act, the Secretary, acting 

11 through the Commissioner responsible for U.S. Customs 

12 and Border Protection, shall submit to the Committee on 

13 Homeland Security and Governmental Affairs of the Sen14 ate and the Committee on Homeland Security of the 

15 House of Representatives a report on— 

16 (1) the status of the implementation of action 

17 plans developed by the Animal and Plant Health In18 spection Service-U.S. Customs and Border Protec19 tion Joint Task Force on Improved Agriculture In20 spection; 

21 (2) the findings of the Commissioner under sec22 tion 816; and 

23 (3) the plan described in section 816(4). 

24 (b) IMPLEMENTATION OF SUBTITLE.—Not later than 

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1 retary, acting through the Commissioner responsible for 

2 U.S. Customs and Border Protection, shall submit to the 

3 Committee on Homeland Security and Governmental Af4 fairs of the Senate and the Committee on Homeland Secu5 rity of the House of Representatives a report on— 

6 (1) the implementation of the requirements of 

7 this subtitle not addressed in the report required 

8 under subsection (a); and 

9 (2) any additional legal authority believed nec10 essary to carry out the Department’s agriculture in11 spection mission effectively. 

12 TITLE IX—PREPAREDNESS AND 

13 RESPONSE PROVISIONS 

14 SEC. 901. NATIONAL PLANNING. 

15 Title V of the Homeland Security Act of 2002 (6 

16 U.S.C. 311) is amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 525. NATIONAL PLANNING. 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘operations plan’ means a plan 

21 that— 

22 ‘‘(A) identifies the resource, personnel, and 

23 asset allocations necessary to execute the objec24 tives of a strategic plan and turn strategic pri25 orities into operational execution; and 


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1 ‘‘(B) contains a full description of specific 

2 roles, responsibilities, tasks, integration, and ac3 tions required under the plan; and 

4 ‘‘(2) the term ‘strategic plan’ means a plan 

5 that— 

6 ‘‘(A) outlines strategic priorities and broad 

7 national strategic objectives, and describes in8 tended outcomes; and 

9 ‘‘(B) defines the mission, identifies au10 thorities, delineates roles, responsibilities, and 

11 essential tasks, and determines and prioritizes 

12 required capabilities. 

13 ‘‘(b) NATIONAL PLANNING SYSTEM.—The President, 

14 through the Secretary and the Administrator, in conjunc15 tion with the heads of appropriate Federal departments 

16 and agencies, and in consultation with the National Advi17 sory Council established under section 508, shall develop 

18 a national planning system that— 

19 ‘‘(1) provides common processes across Federal 

20 departments and agencies for developing plans to 

21 prevent, prepare for, protect against, respond to, 

22 and recover from natural disasters, acts of ter23 rorism, and other man-made disasters; 

24 ‘‘(2) includes a process for modifying plans de25 scribed under paragraph (1) to reflect developments 


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1 in risk, capabilities, or policies and incorporate les2 sons learned from exercises and events; 

3 ‘‘(3) provides for the development of— 

4 ‘‘(A) strategic guidance that outlines broad 

5 national strategic objectives and priorities and 

6 is intended to guide the development of stra7 tegic and operations plans; 

8 ‘‘(B) strategic plans to address those haz9 ards that pose the greatest risk, including nat10 ural disasters, acts of terrorism, and other 

11 man-made disasters, and, where appropriate, 

12 the national planning scenarios prescribed in 

13 section 645 of the Post-Katrina Emergency 

14 Management Reform Act of 2006 (6 U.S.C. 

15 745); and 

16 ‘‘(C) operations plans by all relevant Fed17 eral departments and agencies, including oper18 ations plans required under section 653(b) of 

19 the Post-Katrina Emergency Management Re20 form Act of 2006 (6 U.S.C. 753(b)) and such 

21 other operations plans as necessary for the exe22 cution of the roles and responsibilities identified 

23 by such strategic plans; and 

24 ‘‘(D) such other plans as the Secretary de25 termines necessary; 


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1 ‘‘(4) includes practical planning instruction and 

2 planning templates that may be voluntarily used or 

3 adapted by State, local, and tribal governments, in 

4 order to promote consistent planning for all hazards, 

5 including natural disasters, acts of terrorism, and 

6 other man-made disasters, across Federal, State, 

7 local, and tribal governments; and 

8 ‘‘(5) includes processes for linking Federal 

9 plans with those of State, local, and tribal govern10 ments. 

11 ‘‘(c) STATE, LOCAL, AND TRIBAL PLANNING.—The 

12 Secretary, through the Administrator, shall— 

13 ‘‘(1) promote the planning system developed 

14 under subsection (b) to State and local governments 

15 and provide assistance, as appropriate, with the de16 velopment of plans to prevent, prepare for, protect 

17 against, respond to, and recover from all hazards, 

18 including natural disasters, acts of terrorism and 

19 other man-made disasters; and 

20 ‘‘(2) develop a means by which strategic and 

21 operations plans developed by State, local, and tribal 

22 governments and Federal strategic and operations 

23 plans developed under the national planning system 

24 required under subsection (b), may be coordinated 

25 and aligned. 


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1 ‘‘(d) REPORT.—Not later than 1 year after the date 

2 of enactment of this section, and every year thereafter 

3 until the date that is 11 years after such date of enact4 ment, the Secretary shall submit to the Committee on 

5 Homeland Security and Governmental Affairs of the Sen6 ate and the Committee on Homeland Security of the 

7 House of Representatives a report on— 

8 ‘‘(1) the status of the national planning system 

9 required under subsections (b), and a document de10 scribing the system; 

11 ‘‘(2) the status of strategic guidance and stra12 tegic and operations plans and other plans developed 

13 under the national planning system; 

14 ‘‘(3) the current ability of Federal departments 

15 and agencies to execute the plans developed under 

16 the national planning system and any additional re17 sources required to enable execution of such plans; 

18 and 

19 ‘‘(4) the extent to which State, local, and tribal 

20 planning efforts and Federal planning efforts are 

21 being coordinated.’’. 

22 SEC. 902. PREDISASTER HAZARD MITIGATION. 

23 (a) IN GENERAL.— 

24 (1) ALLOCATION OF FUNDS.—Section 203(f) of 

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1 gency Assistance Act (42 U.S.C. 5133(f)) is amend2 ed to read as follows: 

3 ‘‘(f) ALLOCATION OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—The President shall award 

5 financial assistance under this section on a competi6 tive basis and in accordance with the criteria in sub7 section (g). 

8 ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In 

9 providing financial assistance under this section, the 

10 President shall ensure that the amount of financial 

11 assistance made available to a State (including 

12 amounts made available to local governments of the 

13 State) for a fiscal year— 

14 ‘‘(A) is not less than the lesser of— 

15 ‘‘(i) $575,000; and 

16 ‘‘(ii) the amount that is equal to 1 

17 percent of the total funds appropriated to 

18 carry out this section for the fiscal year; 

19 and 

20 ‘‘(B) does not exceed the amount that is 

21 equal to 15 percent of the total funds appro22 priated to carry out this section for the fiscal 

23 year.’’. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.— 

25 Section 203(m) of the Robert T. Stafford Disaster 


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1 Relief and Emergency Assistance Act (42 U.S.C. 

2 5133(m)) is amended to read as follows: 

3 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this sec5 tion— 

6 ‘‘(1) $210,000,000 for fiscal year 2009; 

7 ‘‘(2) $220,000,000 for fiscal year 2010; 

8 ‘‘(3) $230,000,000 for fiscal year 2011; 

9 ‘‘(4) $240,000,000 for fiscal year 2012; and 

10 ‘‘(5) $250,000,000 for fiscal year 2013.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 The Robert T. Stafford Disaster Relief and Emergency 

13 Assistance Act (42 U.S.C. 5121 et seq.) is amended— 

14 (1) in section 204(b) (42 U.S.C. 5134(b)), by 

15 striking ‘‘Director’’ and inserting ‘‘Administrator’’; 

16 (2) in section 303(b) (42 U.S.C. 5144(b)), by 

17 striking ‘‘Director’’ each place it appears and insert18 ing ‘‘Administrator’’; 

19 (3) in section 326(c)(3) (42 U.S.C. 

20 5165d(c)(3)), by striking ‘‘Director’’ and inserting 

21 ‘‘Administrator’’; 

22 (4) in section 404(b) (42 U.S.C. 5170c(b)), by 

23 striking ‘‘Director’’ each place it appears and insert24 ing ‘‘Administrator’’; 


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1 (5) in section 406 (42 U.S.C. 5172), by striking 

2 ‘‘Director’’ each place it appears and inserting ‘‘Ad3 ministrator’’; 

4 (6) in section 602(a) (42 U.S.C. 5195a(a))— 

5 (A) in paragraph (4), by striking ‘‘Direc6 tor’’ and inserting ‘‘Administrator’’; and 

7 (B) by striking paragraph (7) and insert8 ing the following: 

9 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis10 trator’ means the Administrator of the Federal 

11 Emergency Management Agency.’’; 

12 (7) in sections 603 through 613 (42 U.S.C. 

13 5195b et seq.), by striking ‘‘Director’’ each place it 

14 appears and inserting ‘‘Administrator’’; 

15 (8) in sections 616 and 621 (42 U.S.C. 5196f 

16 and 5197), by striking ‘‘Director’’ each place it ap17 pears and inserting ‘‘Administrator’’; 

18 (9) in section 622 (42 U.S.C. 5197a)— 

19 (A) in subsection (a), by striking ‘‘Direc20 tor’’ each place it appears and inserting ‘‘Ad21 ministrator’’; 

22 (B) in subsection (b), by striking ‘‘Direc23 tor’’ and inserting ‘‘Administrator’’; and 

24 (C) in subsection (c)— 


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•S 3623 IS

1 (i) by striking ‘‘Director’’ the first 

2 place it appears and inserting ‘‘Adminis3 trator’’; and 

4 (ii) by striking ‘‘Director of the Fed5 eral Emergency Management Agency’’ 

6 each place it appears and inserting ‘‘Ad7 ministrator’’; 

8 (10) in sections 623 and 624 (42 U.S.C. 5197b 

9 and 5197c), by striking ‘‘Director’’ each place it ap10 pears and inserting ‘‘Administrator’’; and 

11 (11) in section 629 (42 U.S.C. 5197h), by 

12 striking ‘‘Director’’ each place it appears and insert13 ing ‘‘Administrator’’. 

14 (c) PROGRAM ELIGIBILITY.—Section 203(e) of the 

15 Robert T. Stafford Disaster Relief and Emergency Assist16 ance Act (42 U.S.C. 5133(e)) is amended— 

17 (1) by redesignating paragraph (2) as para18 graph (3); and 

19 (2) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) FLOOD CONTROL PROJECTS.— 

22 ‘‘(A) IN GENERAL.—A State may use not 

23 more than 25 percent of the financial assistance 

24 under this section made available to the State 

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1 sistance made available to local governments of 

2 the State) for flood control projects. 

3 ‘‘(B) DEFINITION.—In this paragraph, the 

4 term ‘flood control project’— 

5 ‘‘(i) means— 

6 ‘‘(I) a project relating to the con7 struction, demolition, repair, or im8 provement of a dam, dike, levee, 

9 floodwall, seawall, groin, jetty, or 

10 breakwater; 

11 ‘‘(II) a waterway channelization; 

12 or 

13 ‘‘(III) an erosion project relating 

14 to beach nourishment or renourish15 ment; and 

16 ‘‘(ii) does not include any project the 

17 maintenance of which is the responsibility 

18 of a Federal department or agency, includ19 ing the Corps of Engineers.’’. 

20 SEC. 903. COMMUNITY PREPAREDNESS. 

21 Title V of the Homeland Security Act of 2002 (6 

22 U.S.C. 311), as amended by section 901 of this Act, is 

23 amended by adding at the end the following: 


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1 ‘‘SEC. 526. COMMUNITY PREPAREDNESS. 

2 ‘‘(a) IN GENERAL.—The Administrator shall assist 

3 State, local, and tribal governments in enhancing and pro4 moting the preparedness of individuals and communities 

5 for natural disasters, acts of terrorism, and other man6 made disasters. 

7 ‘‘(b) COORDINATION.—Where appropriate, the Ad8 ministrator shall coordinate with private sector and non9 governmental organizations to promote community pre10 paredness. 

11 ‘‘(c) DIRECTOR.—The Administrator shall appoint a 

12 Director of Community Preparedness to coordinate and 

13 oversee the Agency’s community preparedness activities.’’. 

14 SEC. 904. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

15 (a) IN GENERAL.—Title XX of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 311 et seq.), as amended by 

17 section 804 of this Act, is amended by adding at the end 

18 the following: 

19 ‘‘SEC. 2042. METROPOLITAN MEDICAL RESPONSE SYSTEM. 

20 ‘‘(a) IN GENERAL.—There is in the Department a 

21 Metropolitan Medical Response System, which shall assist 

22 State, local, and tribal governments in preparing for and 

23 responding to mass casualty incidents resulting from nat24 ural disasters, acts of terrorism and other man-made dis25 asters. 

26 ‘‘(b) FINANCIAL ASSISTANCE.— 


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1 ‘‘(1) AUTHORIZATION OF GRANTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary, 

3 through the Administrator, may make grants 

4 under this section to State, local, and tribal 

5 governments to assist in preparing for and re6 sponding to mass casualty incidents resulting 

7 from natural disasters, acts of terrorism, and 

8 other man-made disasters. 

9 ‘‘(B) CONSULTATION.—In developing guid10 ance for grants authorized under this section, 

11 the Administrator shall consult with the Chief 

12 Medical Officer. 

13 ‘‘(2) USE OF FUNDS.— 

14 ‘‘(A) IN GENERAL.—A grant made under 

15 this section may be used in support of public 

16 health and medical preparedness, including— 

17 ‘‘(i) medical surge capacity; 

18 ‘‘(ii) mass prophylaxis; 

19 ‘‘(iii) chemical, biological, radiological, 

20 nuclear, and explosive detection, response, 

21 and decontamination capabilities; 

22 ‘‘(iv) mass triage; 

23 ‘‘(v) planning; 

24 ‘‘(vi) information sharing and collabo25 ration capabilities; 


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1 ‘‘(vii) medicinal stockpiling; 

2 ‘‘(viii) fatality management; 

3 ‘‘(ix) training and exercises; 

4 ‘‘(x) integration and coordination of 

5 the activities and capabilities of public 

6 health personnel and medical care pro7 viders with those of other emergency re8 sponse providers as well as private sector 

9 and nonprofit organizations; and 

10 ‘‘(xi) such other activities as the Ad11 ministrator may provide. 

12 ‘‘(3) ELIGIBILITY.— 

13 ‘‘(A) IN GENERAL.—Any jurisdiction that 

14 received funds through the Metropolitan Med15 ical Response System in fiscal year 2008 shall 

16 be eligible to receive a grant under this section. 

17 ‘‘(B) ADDITIONAL JURISDICTIONS.— 

18 ‘‘(i) UNREPRESENTED STATES.— 

19 ‘‘(I) IN GENERAL.—For any 

20 State in which no jurisdiction received 

21 funds through the Metropolitan Med22 ical Response System in fiscal year 

23 2008, or in which funding was re24 ceived only through another State, the 

25 metropolitan statistical area in such 


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1 State with the largest population shall 

2 be eligible to receive a grant under 

3 this section. 

4 ‘‘(II) LIMITATION.—For each of 

5 fiscal years 2009 through 2011, no 

6 jurisdiction that would otherwise be 

7 eligible to receive grants under sub8 clause (I) shall receive a grant under 

9 this section if it would result in any 

10 jurisdiction under subparagraph (A) 

11 receiving less funding than such juris12 diction received in fiscal year 2008. 

13 ‘‘(ii) OTHER JURISDICTIONS.— 

14 ‘‘(I) IN GENERAL.—The Admin15 istrator, at the discretion of the Ad16 ministrator, may determine that addi17 tional jurisdictions are eligible to re18 ceive grants under this section. 

19 ‘‘(II) LIMITATION.—For each of 

20 fiscal years 2009 through 2011, the 

21 eligibility of any additional jurisdic22 tion to receive grants under this sec23 tion is subject to the availability of 

24 appropriations beyond that necessary 

25 to— 


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1 ‘‘(aa) ensure that each juris2 diction eligible to receive a grant 

3 under subparagraph (A) does not 

4 receive less funding than such ju5 risdiction received in fiscal year 

6 2008; and 

7 ‘‘(bb) provide grants to ju8 risdictions eligible under clause 

9 (i). 

10 ‘‘(C) REGIONAL COORDINATION.—The Ad11 ministrator shall ensure that each recipient of a 

12 grant under this section, as a condition of re13 ceiving such grant, is actively coordinating its 

14 preparedness efforts with surrounding jurisdic15 tions, with the government of the State in 

16 which the jurisdiction is located, and with emer17 gency response providers from all relevant dis18 ciplines, to effectively enhance regional pre19 paredness. 

20 ‘‘(4) DISTRIBUTION OF FUNDS.— 

21 ‘‘(A) ALLOCATION.—For each fiscal year, 

22 the Administrator shall allocate funds for 

23 grants under this section among eligible juris24 dictions in the same manner that such alloca25 tions were made in fiscal year 2008. 


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1 ‘‘(B) STATE DISTRIBUTION OF FUNDS.— 

2 ‘‘(i) IN GENERAL.—The Administrator 

3 shall distribute grant funds under this sec4 tion to the State in which the jurisdiction 

5 receiving a grant under this section is lo6 cated. 

7 ‘‘(ii) PASS THROUGH.—Subject to 

8 clause (iii), not later than 45 days after 

9 the date on which a State receives grant 

10 funds under clause (i), the State shall pro11 vide the jurisdiction receiving the grant 

12 100 percent of the grant funds. 

13 ‘‘(iii) EXCEPTION.—The Adminis14 trator, in the discretion of the Adminis15 trator, may permit a State to provide to a 

16 jurisdiction receiving a grant under this 

17 section 90 percent of the grant funds 

18 awarded if doing so would not result in 

19 any jurisdiction eligible for a grant under 

20 paragraph (3)(A) receiving less funding 

21 than such jurisdiction received in fiscal 

22 year 2008. 

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out the pro25 gram— 


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1 ‘‘(1) $75,000,000 for each of fiscal years 2009 

2 through 2013; and 

3 ‘‘(2) such sums as may be necessary for each 

4 of fiscal years 2014 and 2015.’’. 

5 (b) PROGRAM REVIEW.— 

6 (1) IN GENERAL.—The Administrator and the 

7 Chief Medical Officer shall conduct a review of the 

8 Metropolitan Medical Response System authorized 

9 under section 2042 of the Homeland Security Act of 

10 2002, as added by subsection (a), including an ex11 amination of— 

12 (A) the goals and objectives of the Metro13 politan Medical Response System; 

14 (B) the extent to which the goals and ob15 jectives are being met; 

16 (C) the performance metrics that can best 

17 help assess whether the Metropolitan Medical 

18 Response System is succeeding; 

19 (D) how the Metropolitan Medical Re20 sponse System can be improved; 

21 (E) how the Metropolitan Medical Re22 sponse System does or does not relate to other 

23 Department-supported preparedness programs; 

24 (F) how eligibility for financial assistance, 

25 and the allocation of financial assistance, under 


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1 the Metropolitan Medical Response System, 

2 should be determined; and 

3 (G) the resource requirements of the Met4 ropolitan Medical Response System. 

5 (2) REPORT.—Not later than 1 year after the 

6 date of enactment of this Act, the Administrator and 

7 the Chief Medical Officer shall submit to the Com8 mittee on Homeland Security and Governmental Af9 fairs of the Senate and the Committee on Homeland 

10 Security of the House of Representatives a report on 

11 the results of the review under this subsection. 

12 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

13 Section 635 of the Post-Katrina Management Reform Act 

14 of 2006 (6 U.S.C. 723) is repealed. 

15 SEC. 905. EMERGENCY MANAGEMENT ASSISTANCE COM16 PACT. 

17 Section 661(d) of the Post-Katrina Emergency Man18 agement Reform Act of 2006 (6 U.S.C. 761(d)) is amend19 ed by striking ‘‘2008’’ and inserting ‘‘2009’’. 

20 SEC. 906. CLARIFICATION ON USE OF FUNDS. 

21 Section 2008 of the Homeland Security Act of 2002 

22 (6 U.S.C. 609) is amended— 

23 (1) in subsection (a)— 

24 (A) in the matter preceding paragraph (1), 

25 by striking ‘‘Grants’’ and all that follows 


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1 through ‘‘used’’ and inserting the following: 

2 ‘‘The Administrator shall permit the recipient 

3 of a grant under section 2003 or 2004 to use 

4 grant funds’’; and 

5 (B) in paragraph (10), by inserting ‘‘, re6 gardless of whether such analysts are current or 

7 new full-time employees or contract employees’’ 

8 after ‘‘analysts’’; and 

9 (2) in subsection (b)— 

10 (A) by redesignating paragraphs (3) and 

11 (4) as paragraphs (4) and (5), respectively; and 

12 (B) by inserting after paragraph (2) the 

13 following: 

14 ‘‘(3) LIMITATIONS ON DISCRETION.— 

15 ‘‘(A) IN GENERAL.—With respect to the 

16 use of amounts awarded to a grant recipient 

17 under section 2003 or 2004 for personnel costs 

18 in accordance with paragraph (2) of this sub19 section, the Administrator may not— 

20 ‘‘(i) impose a limit on the amount of 

21 the award that may be used to pay for per22 sonnel, or personnel-related, costs that is 

23 higher or lower than the percent limit im24 posed in paragraph (2)(A); or 


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1 ‘‘(ii) impose any additional limitation 

2 on the portion of the funds of a recipient 

3 that may be used for a specific type, pur4 pose, or category of personnel, or per5 sonnel-related, costs. 

6 ‘‘(B) ANALYSTS.—If amounts awarded to 

7 a grant recipient under section 2003 or 2004 

8 are used for paying salary or benefits of a 

9 qualified intelligence analyst under subsection 

10 (a)(10), the Administrator shall make such 

11 amounts available without time limitations 

12 placed on the period of time that the analyst 

13 can serve under the grant.’’. 

14 SEC. 907. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE 

15 PROGRAM. 

16 Title XX of the Homeland Security Act of 2002 (6 

17 U.S.C. 601 et seq.), as amended by section 904 of this 

18 Act, is amended by adding at the end the following: 

19 ‘‘SEC. 2043. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE 

20 PROGRAM. 

21 ‘‘(a) ESTABLISHMENT.—The Secretary, through the 

22 Administrator, is authorized to provide equipment, equip23 ment training, and equipment technical assistance to as24 sist State and local law enforcement and other emergency 

25 response providers in preventing, preparing for, protecting 


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1 against, responding to, and recovering from natural disas2 ters, acts of terrorism, and other man-made disasters. 

3 ‘‘(b) ELIGIBILITY.—A law enforcement agency, fire 

4 department, emergency medical service, emergency man5 agement agency, public safety agency, or other emergency 

6 response agency shall be eligible to apply for direct equip7 ment, training, and technical assistance under this section, 

8 if such an applicant— 

9 ‘‘(1) has not received equipment funding or 

10 other assistance under a grant under the Assistance 

11 to Firefighters Grant Program during the 2-year pe12 riod ending on the application deadline for the Com13 mercial Equipment Direct Assistance Program in 

14 any fiscal year; and 

15 ‘‘(2) has not received equipment funding, or 

16 other assistance under a grant under section 2003 

17 during the 2-year period ending on the application 

18 deadline for the Commercial Equipment Direct As19 sistance Program in any fiscal year. 

20 ‘‘(c) APPLICATION.— 

21 ‘‘(1) IN GENERAL.—An applicant for direct 

22 equipment, training, or technical assistance under 

23 this section shall submit such information in support 

24 of the application as the Administrator may require, 

25 including an explanation of how any requested 


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1 equipment will be used to support a system of mu2 tual aid among neighboring jurisdictions. 

3 ‘‘(2) STATE CONCURRENCE.— 

4 ‘‘(A) IN GENERAL.—An emergency re5 sponse agency submitting an application for di6 rect equipment, training, or technical assistance 

7 under this section shall provide a copy of the 

8 application to the State within which the agency 

9 is located not later than the date on which the 

10 agency submits the application to the Adminis11 trator. 

12 ‘‘(B) NOTICE.—If the Governor of a State 

13 determines that the application of an emergency 

14 response agency provided under subparagraph 

15 (A) is inconsistent with the homeland security 

16 plan of that State, or otherwise does not sup17 port the application, not later than 30 days 

18 after receipt of that application the Governor 

19 shall— 

20 ‘‘(i) notify the Administrator, in writ21 ing, of that fact; and 

22 ‘‘(ii) provide an explanation of the 

23 reason for not supporting the application. 

24 ‘‘(d) LIMITATIONS ON DIRECT ASSISTANCE.— 


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1 ‘‘(1) TRAINING AND TECHNICAL ASSISTANCE.— 

2 Not more than 40 percent of the amount appro3 priated pursuant to the authorization of appropria4 tions under this section in any fiscal year may be 

5 used to pay for training and technical assistance. 

6 ‘‘(2) VOLUNTARY CONSENSUS STANDARDS.— 

7 The Administrator may not directly provide to a law 

8 enforcement or other emergency response agency 

9 under this section equipment that does not meet ap10 plicable voluntary consensus standards, unless the 

11 agency demonstrates that there are compelling rea12 sons for such provision of equipment. 

13 ‘‘(3) PROHIBITION AND OTHER USE.—No 

14 amount appropriated pursuant to the authorization 

15 of appropriations under this section may be used for 

16 an assessment and validation program or for any 

17 other purpose or program not provided for in this 

18 section. 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out this section 

21 $50,000,000 for each of fiscal years 2009 through 2012.’’. 

22 SEC. 908. TASK FORCE FOR EMERGENCY READINESS. 

23 Title V of the Homeland Security Act of 2002 (6 

24 U.S.C. 311 et seq.), as amended by section 903 of this 

25 Act, is amended by adding at the end the following: 


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1 ‘‘SEC. 527. TASK FORCE FOR EMERGENCY READINESS. 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘national planning scenarios’ 

4 means the national planning scenarios developed 

5 under section 645 of the Post Katrina Emergency 

6 Management Reform Act of 2006 (6 U.S.C. 745); 

7 and 

8 ‘‘(2) the term ‘operational readiness’ has the 

9 meaning given that term in section 641 of the Post10 Katrina Emergency Management Reform Act of 

11 2006 (6 U.S.C. 741). 

12 ‘‘(b) PILOT PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Administrator, in co14 ordination with the Secretary of Defense, shall es15 tablish, for the purposes set out in subsection (c), a 

16 Task Force for Emergency Readiness pilot program 

17 for fiscal years 2010, 2011, and 2012. 

18 ‘‘(2) TASK FORCE ESTABLISHMENT.—Under 

19 the program described in paragraph (1), the Admin20 istrator shall establish a Task Force for Emergency 

21 Readiness in not fewer than 5 States. 

22 ‘‘(3) TASK FORCE MEMBERSHIP.—Each task 

23 force established under the program under this sub24 section shall consist of— 

25 ‘‘(A) State and local emergency planners 

26 from the applicable State, including National 


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1 Guard planners in State status, appointed by 

2 the Governor of the applicable State; 

3 ‘‘(B) experienced emergency planners from 

4 the Agency, designated by the Administrator, in 

5 conjunction with the Regional Administrator for 

6 the applicable State; and 

7 ‘‘(C) experienced emergency planners from 

8 the Department of Defense, designated by the 

9 Secretary of Defense, which may include civil10 ian and military personnel. 

11 ‘‘(c) PURPOSES.—The purpose of the Task Force for 

12 Emergency Readiness pilot program authorized under 

13 subsection (b) is to assist each State participating in the 

14 pilot program in— 

15 ‘‘(1) planning to prevent, prepare for, protect 

16 against, respond to, and recover from catastrophic 

17 incidents, including, as appropriate, incidents identi18 fied in the national planning scenarios; 

19 ‘‘(2) coordinating the planning efforts of the 

20 State with those of other States; 

21 ‘‘(3) coordinating planning efforts of the State 

22 with those of the Federal Government; 

23 ‘‘(4) using plans developed to respond to cata24 strophic incidents for training and exercises con25 sistent with section 648 of the Post-Katrina EmerVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 gency Management Reform Act of 2006 (6 U.S.C. 

2 748); and 

3 ‘‘(5) monitoring and improving the operational 

4 readiness of the State, consistent with the national 

5 preparedness system required by chapter 1 of sub6 title C of title VI of the Post Katrina Emergency 

7 Management Reform Act of 2006 (6 U.S.C. 741 et 

8 seq.). 

9 ‘‘(d) DIRECTION.—The planning activities of a task 

10 force established under this section shall be directed by 

11 the Governor of the applicable State. 

12 ‘‘(e) PARTICIPATING STATES.—The States partici13 pating in the Task Force for Emergency Readiness pilot 

14 program shall be selected— 

15 ‘‘(1) by the Administrator, with the consent of 

16 the Governor of the applicable State and in coordi17 nation with the Regional Administrator of the appli18 cable region of the Agency; and 

19 ‘‘(2) to the maximum extent practicable, from 

20 different regions of the Agency. 

21 ‘‘(f) REPORT.—Not later than 2 years after the date 

22 of enactment of the Department of Homeland Security 

23 Authorization Act of 2008 and 2009, the Administrator, 

24 in conjunction with the Assistant Secretary of Defense for 

25 Homeland Defense, shall submit to the Committee on 


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1 Homeland Security and Governmental Affairs of the Sen2 ate and the Committee on Homeland Security of the 

3 House of Representatives a report on the implementation 

4 and effectiveness of the Task Force for Emergency Readi5 ness pilot program, and shall provide recommendations for 

6 modifications to or expansion of the program. 

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as may be 

9 necessary to carry out this section.’’. 

10 SEC. 909. TECHNICAL AND CONFORMING AMENDMENTS. 

11 (a) IN GENERAL.—Section 514 of the Homeland Se12 curity Act of 2002 (6 U.S.C. 321c) is amended by adding 

13 at the end the following: 

14 ‘‘(d) DIRECTOR OF GRANT PROGRAMS.—There shall 

15 be in the Agency a Director of Grant Programs, who shall 

16 be appointed by the President by and with the advice and 

17 consent of the Senate.’’. 

18 (b) TABLE OF CONTENTS.—The table of contents in 

19 section 1(b) of the Homeland Security Act of 2002 (6 

20 U.S.C. 101 et seq.) is amended— 

21 (1) by inserting after the item relating to sec22 tion 524 the following: 

‘‘Sec. 525. National planning. 

‘‘Sec. 526. Community Preparedness. 

‘‘Sec. 527. Task force for emergency readiness.’’; and 


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1 (2) by adding after the item relating to section 

2 2041, as added by section 804 of this Act, the fol3 lowing: 

‘‘Sec. 2042. Metropolitan Medical Response System. 

‘‘Sec. 2043. Commercial Equipment Direct Assistance Program.’’. 

4 TITLE X—NATIONAL BOMBING 

5 PREVENTION ACT 

6 SEC. 1001. BOMBING PREVENTION. 

7 (a) IN GENERAL.—Subtitle A of title II of the Home8 land Security Act of 2002 (6 U.S.C. 121 et seq.), as 

9 amended by section 501 of this Act, is amended by adding 

10 at the end the following: 

11 ‘‘SEC. 210G. OFFICE FOR BOMBING PREVENTION. 

12 ‘‘(a) IN GENERAL.—There is in the Department an 

13 Office for Bombing Prevention (in this section referred to 

14 as ‘the Office’) within the Office of Infrastructure Protec15 tion. 

16 ‘‘(b) RESPONSIBILITIES.—The Office shall have the 

17 primary responsibility within the Department for enhanc18 ing the ability, and coordinating the efforts, of the Nation 

19 to deter, detect, prevent, protect against, and respond to 

20 terrorist explosive attacks, including by— 

21 ‘‘(1) serving as the lead agency of the Depart22 ment for ensuring that programs designed to 

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1 tion together efficiently to meet the evolving threat 

2 from explosives and improvised explosive devices; 

3 ‘‘(2) coordinating, in consultation with the Na4 tional Domestic Preparedness Consortium of the De5 partment and in coordination with the Attorney 

6 General, national and intergovernmental bombing 

7 prevention training activities to ensure those activi8 ties work toward achieving common national goals; 

9 ‘‘(3) conducting, in coordination with the Attor10 ney General, analysis of the capabilities and require11 ments necessary for State and local governments to 

12 deter, prevent, detect, protect against, and assist in 

13 any response to terrorist explosive attacks by— 

14 ‘‘(A) maintaining a national analysis data15 base on the capabilities of bomb squads, explo16 sive detection canine teams, tactics teams, and 

17 public safety dive teams; and 

18 ‘‘(B) applying the analysis derived from 

19 the database described in subparagraph (A) 

20 in— 

21 ‘‘(i) evaluating progress toward clos22 ing identified gaps relating to applicable 

23 national strategic goals and standards; and 

24 ‘‘(ii) informing decisions relating to 

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1 ing, research, development efforts, and 

2 testing and evaluation, and related require3 ments; 

4 ‘‘(4) promoting secure information sharing of 

5 sensitive material relating to terrorist explosives and 

6 promoting security awareness, including by— 

7 ‘‘(A) operating and maintaining a secure 

8 information sharing system that allows the 

9 sharing of critical information relating to ter10 rorist explosive attack tactics, techniques, and 

11 procedures; 

12 ‘‘(B) in consultation with the Attorney 

13 General, educating the public and private sec14 tors about explosive precursor chemicals; 

15 ‘‘(C) working with international partners, 

16 in coordination with the Office for International 

17 Affairs of the Department and the Attorney 

18 General, to develop and share effective practices 

19 to deter, prevent, detect, protect, and respond 

20 to terrorist explosive attacks; and 

21 ‘‘(D) executing national public awareness 

22 and vigilance campaigns relating to terrorist ex23 plosive threats, preventing explosive attacks, 

24 and activities and measures underway to safe25 guard the Nation; 


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1 ‘‘(5) assisting, in consultation with the Admin2 istrator of the Federal Emergency Management 

3 Agency, State and local governments in developing 

4 multijurisdictional improvised explosive devices secu5 rity plans for high-risk jurisdictions; 

6 ‘‘(6) helping to ensure, in coordination with the 

7 Under Secretary for Science and Technology and the 

8 Administrator of the Federal Emergency Manage9 ment Agency, the identification and availability of 

10 effective technology applications through field pilot 

11 testing and acquisition of such technology applica12 tions by Federal, State, and local governments to 

13 deter, prevent, detect, protect, and respond to ter14 rorist explosive attacks; 

15 ‘‘(7) coordinating, in consultation with the At16 torney General, other departments and agencies of 

17 Federal, State, and local government, and the pri18 vate sector, the efforts of the Department to assist 

19 in the development and promulgation of national ex20 plosives detection canine training, certification, and 

21 performance standards; 

22 ‘‘(8) coordinating the efforts to implement with23 in the Department applicable explosives detection 

24 training, certification, and performance standards; 


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1 ‘‘(9) ensuring the implementation of any rec2 ommendations and responsibilities of the Depart3 ment contained in the national strategy described in 

4 section 210H, including developing, maintaining, 

5 and tracking progress toward achieving objectives to 

6 reduce the Nation’s vulnerability to terrorist attacks 

7 using explosives or improvised explosive devices; and 

8 ‘‘(10) developing, in coordination with the Ad9 ministrator of the Federal Emergency Management 

10 Agency, programmatic guidance and permitted uses 

11 for bombing prevention activities funded by home12 land security assistance administered by the Depart13 ment. 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) IN GENERAL.—There are authorized to be 

16 appropriated to carry out this section— 

17 ‘‘(A) $25,000,000 for each of fiscal years 

18 2009 through 2010; and 

19 ‘‘(B) such sums as are necessary for each 

20 fiscal year thereafter. 

21 ‘‘(2) AVAILABILITY.—Amounts made available 

22 pursuant to this subsection shall remain available 

23 until expended. 


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1 ‘‘SEC. 210H. NATIONAL STRATEGY. 

2 ‘‘(a) IN GENERAL.—The President shall develop and 

3 periodically update a national strategy to prevent and pre4 pare for terrorist attacks in the United States using explo5 sives or improvised explosive devices. 

6 ‘‘(b) DEVELOPMENT.—Not later than 90 days after 

7 the date of enactment of this section, the President shall 

8 develop the national strategy described in subsection (a). 

9 ‘‘(c) REPORTING.—Not later than 6 months after the 

10 date of submission of the report regarding each quadren11 nial homeland security review conducted under section 

12 621(c), the President shall submit to the Committee on 

13 Homeland Security and Governmental Affairs of the Sen14 ate and the Committee on Homeland Security of the 

15 House of Representatives a report regarding the national 

16 strategy described in subsection (a), which shall include 

17 recommendations, if any, for deterring, preventing, detect18 ing, protecting against, and responding to terrorist attacks 

19 in the United States using explosives or improvised explo20 sive devices, including any such recommendations relating 

21 to coordinating the efforts of Federal, State, local, and 

22 tribal governments, emergency response providers, and the 

23 private sector.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

25 The table of contents in section 1(b) of the Homeland Se26 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 


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1 inserting after the item relating to section 210F, as added 

2 by section 501 of this Act, the following: 

‘‘Sec. 210G. Office for Bombing Prevention. 

‘‘Sec. 210H. National strategy.’’. 

3 SEC. 1002. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND 

4 TRANSFER. 

5 (a) IN GENERAL.—Title III of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 

7 section 703 of this Act, is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 320. EXPLOSIVES RESEARCH AND DEVELOPMENT. 

10 ‘‘(a) IN GENERAL.—The Secretary, acting through 

11 the Under Secretary for Science and Technology, and in 

12 coordination with the Under Secretary for National Pro13 tection and Programs, the Attorney General, the Secretary 

14 of Defense, and the head of any other relevant Federal 

15 department or agency, shall— 

16 ‘‘(1) evaluate and assess nonmilitary research, 

17 development, testing, and evaluation activities of the 

18 Federal Government relating to the detection and 

19 prevention of, protection against, and response to ex20 plosive attacks within the United States; and 

21 ‘‘(2) make recommendations for enhancing co22 ordination of the research, development, testing, and 

23 evaluation activities described in paragraph (1). 


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1 ‘‘(b) MILITARY RESEARCH.—The Secretary, acting 

2 through the Under Secretary for Science and Technology, 

3 and in coordination with the Under Secretary for National 

4 Protection and Programs, shall coordinate with the Sec5 retary of Defense, the Attorney General, and the head of 

6 any other relevant Federal department or agency to en7 sure that, to the maximum extent possible, military infor8 mation and research, development, testing, and evaluation 

9 activities relating to the detection and prevention of, pro10 tection against, and response to explosive attacks, and the 

11 development of tools and technologies necessary to neu12 tralize and disable explosive devices, are applied to non13 military uses. 

14 ‘‘SEC. 321. TECHNOLOGY TRANSFER. 

15 ‘‘(a) IN GENERAL.—The Secretary, acting through 

16 the Under Secretary for Science and Technology, and in 

17 coordination with the Under Secretary for National Pro18 tection and Programs and the Attorney General, shall es19 tablish a technology transfer program to facilitate the 

20 identification, modification, and commercialization of tech21 nology and equipment for use by State and local govern22 mental agencies, emergency response providers, and the 

23 private sector to deter, prevent, detect, protect, and re24 spond to explosive attacks within the United States. 


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1 ‘‘(b) PROGRAM.—The activities under the program 

2 established under subsection (a) shall include— 

3 ‘‘(1) applying the analysis conducted under sec4 tion 210G(b)(3) of the capabilities and requirements 

5 of bomb squads, explosive detection canine teams, 

6 tactical teams, and public safety dive teams of State 

7 and local governments, to assist in the determination 

8 of training and technology requirements for State 

9 and local governments, emergency response pro10 viders, and the private sector; 

11 ‘‘(2) identifying available technologies designed 

12 to deter, prevent, detect, protect, or respond to ex13 plosive attacks that have been, or are in the process 

14 of being, developed, tested, evaluated, or dem15 onstrated by the Department, other Federal agen16 cies, the private sector, foreign governments, or 

17 international organizations; 

18 ‘‘(3) reviewing whether a technology described 

19 in paragraph (2) may be useful in assisting Federal, 

20 State, or local governments, emergency response 

21 providers, or the private sector in detecting, deter22 ring, preventing, or responding to explosive attacks; 

23 ‘‘(4) communicating, in coordination with the 

24 Attorney General, to Federal, State, and local gov25 ernments, emergency response providers, and the 


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1 private sector the availability of any technology de2 scribed in paragraph (2), including providing the 

3 specifications of such technology, indicating whether 

4 such technology satisfies applicable standards, and 

5 identifying grants, if any, available from the Depart6 ment to purchase such technology; and 

7 ‘‘(5) developing and assisting in the deployment 

8 of electronic countermeasures to protect high-risk 

9 critical infrastructure and key resources. 

10 ‘‘(c) WORKING GROUP.—To facilitate the transfer of 

11 military technologies, the Secretary, acting through the 

12 Under Secretary for Science and Technology, in coordina13 tion with the Attorney General and the Secretary of De14 fense, and in a manner consistent with protection of sen15 sitive sources and methods, shall establish a working 

16 group, or use an appropriate interagency body in existence 

17 on the date of enactment of this section, to advise and 

18 assist in the identification of military technologies de19 signed to deter, prevent, detect, protect, or respond to ex20 plosive attacks that are in the process of being developed, 

21 or are developed, by the Department of Defense or the 

22 private sector.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of contents in section 1(b) of the Homeland Se25 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 


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1 inserting after the item relating to section 319, as added 

2 by section 703 of this Act, the following: 

‘‘Sec. 320. Explosives research and development. 

‘‘Sec. 321. Technology transfer.’’. 

3 SEC. 1003. SAVINGS CLAUSE. 

4 Nothing in this title or the amendments made by this 

5 title may be construed to limit or otherwise affect the au6 thorities or responsibilities of the Attorney General. 

7 TITLE XI—FEDERAL PROTEC8 TIVE SERVICE AUTHORIZA9 TION 

10 SEC. 1101. AUTHORIZATION OF FEDERAL PROTECTIVE 

11 SERVICE PERSONNEL. 

12 (a) IN GENERAL.—The Secretary shall ensure that— 

13 (1) in fiscal year 2009 the Federal Protective 

14 Service maintains not fewer than 1,200 full-time 

15 equivalent employees, including not fewer than 900 

16 full-time equivalent police officers, inspectors, area 

17 commanders, and criminal investigators who, while 

18 working, are directly engaged on a daily basis pro19 tecting and enforcing laws at Federal buildings; and 

20 (2) in fiscal year 2010 the Federal Protective 

21 Service maintains not fewer than 1,300 full-time 

22 equivalent employees, including not fewer than 950 

23 full-time equivalent police officers, inspectors, area 

24 commanders, and criminal investigators who, while 


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1 working, are directly engaged on a daily basis pro2 tecting and enforcing laws at Federal buildings. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than 270 days 

5 after the date of enactment of this Act, the Sec6 retary shall submit a report on recommendations for 

7 a funding structure for the Federal Protective Serv8 ice to— 

9 (A) the Committee on Appropriations of 

10 the Senate; 

11 (B) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 (C) the Committee on Appropriations of 

14 the House of Representatives; 

15 (D) the Committee on Homeland Security 

16 of the House of Representatives; and 

17 (E) the Committee on Transportation and 

18 Infrastructure of the House of Representatives. 

19 (2) CONTENTS.—The report submitted under 

20 this subsection shall include— 

21 (A) an evaluation of whether all, part, or 

22 none of the Federal Protective Service should 

23 be funded by fee collections, direct appropria24 tions, or an alternative funding mechanism; 


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1 (B) an evaluation of the basis for assessing 

2 any security fees charged to agencies which uti3 lize the Federal Protective Service, including 

4 whether such fees should be assessed based on 

5 square footage of facilities or by some other 

6 means; and 

7 (C) an evaluation of assessing an enhanced 

8 security fee, in addition to a basic security fee, 

9 to facilities or agencies which require an en10 hanced level of service from the Federal Protec11 tive Service. 

12 (c) ADJUSTMENT OF FEES.—The Federal Protective 

13 Service shall adjust fees as necessary to ensure collections 

14 are sufficient to carry out subsection (a). 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out subsection 

17 (a)— 

18 (1) $650,000,000 for fiscal year 2009; and 

19 (2) $675,000,000 for fiscal year 2010. 

20 (e) SAVINGS CLAUSE.—Nothing in this section shall 

21 prohibit the Federal Protective Service from continuing to 

22 provide reimbursable security and law enforcement serv23 ices as requested by other Federal agencies and organiza24 tions, without limitation to the appropriations authorized 

25 by this section. 


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1 SEC. 1102. REPORT ON PERSONNEL NEEDS OF THE FED2 ERAL PROTECTIVE SERVICE. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall enter 

5 into a contract with an independent consultant to— 

6 (1) prepare a report that recommends the ap7 propriate level and composition of staffing required 

8 to accomplish the law enforcement response, 

9 proactive patrols, 24-hour service in major metro10 politan areas, support to building security commit11 tees, assistance with emergency plans, supervision 

12 and monitoring of contract guards, implementation 

13 and maintenance of security systems and counter14 measures, and other missions of the Federal Protec15 tive Service, including recommendations for full-time 

16 equivalent police officers, inspectors, area com17 manders, criminal investigators, canine units, ad18 ministrative and support staff, and contract security 

19 guards; and 

20 (2) submit the report to— 

21 (A) the Secretary; 

22 (B) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; 

24 (C) the Committee on Homeland Security 

25 of the House of Representatives; 


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1 (D) the Committee on Transportation and 

2 Infrastructure of the House of Representatives; 

3 and 

4 (E) the Committees on Appropriations of 

5 the Senate and the House of Representatives. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as necessary 

8 to carry out this section. 

9 SEC. 1103. AUTHORITY FOR FEDERAL PROTECTIVE SERV10 ICE OFFICERS AND INVESTIGATORS TO 

11 CARRY WEAPONS DURING OFF-DUTY TIMES. 

12 Section 1315(b)(2) of title 40, United States Code, 

13 is amended by striking ‘‘While engaged in the performance 

14 of official duties, an’’ and inserting ‘‘An’’. 

15 SEC. 1104. AMENDMENTS RELATING TO THE CIVIL SERVICE 

16 RETIREMENT SYSTEM. 

17 (a) AMENDMENTS RELATING TO THE CIVIL SERVICE

18 RETIREMENT SYSTEM.— 

19 (1) DEFINITIONS.—Section 8331 of title 5, 

20 United States Code, as amended by section 815 of 

21 this Act, is amended by adding at the end the fol22 lowing: 

23 ‘‘(34) ‘Federal protective service officer’ means 

24 an employee in the Federal Protective Service, De25 partment of Homeland Security— 


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1 ‘‘(A) who holds a position within the GS– 

2 0083, GS–0080, GS–1801, or GS–1811 job se3 ries (determined applying the criteria in effect 

4 as of September 1, 2007 or any successor posi5 tion; and 

6 ‘‘(B) who are authorized to carry firearms 

7 and empowered to make arrests in the perform8 ance of duties related to the protection of build9 ings, grounds and property that are owned, oc10 cupied, or secured by the Federal Government 

11 (including any agency, instrumentality or wholly 

12 owned or mixed-ownership corporation thereof) 

13 and the persons on the property, including any 

14 such employee who is transferred directly to a 

15 supervisory or administrative position in the 

16 Department of Homeland Security after per17 forming such duties in 1 or more positions (as 

18 described under subparagraph (A)) for at least 

19 3 years.’’. 

20 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS21 ITS.—Section 8334 of title 5, United States Code, as 

22 amended by section 815 of this Act, is amended— 

23 (A) in subsection (a)(1)(A), by inserting 

24 ‘‘Federal protective service officer,’’ before ‘‘or 

25 customs and border protection officer,’’; and 


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1 (B) in the table contained in subsection 

2 (c), by adding at the end the following: 

‘‘Federal Protective Service Officer 7.5 After June 29, 2009.’’. 

3 (3) MANDATORY SEPARATION.—The first sen4 tence of section 8335(b)(1) of title 5, United States 

5 Code, as amended by section 815 of this Act, is 

6 amended by inserting ‘‘Federal protective service of7 ficer,’’ before ‘‘or customs and border protection of8 ficer,’’. 

9 (4) IMMEDIATE RETIREMENT.—Section 8336 of 

10 title 5, United States Code, as amended by section 

11 815 of this Act, is amended— 

12 (A) in subsection (c)(1), by inserting ‘‘Fed13 eral protective service officer,’’ before ‘‘or cus14 toms and border protection officer,’’; and 

15 (B) in subsections (m) and (n), by insert16 ing ‘‘as a Federal protective service officer,’’ be17 fore ‘‘or as a customs and border protection of18 ficer,’’. 

19 (b) AMENDMENTS RELATING TO THE FEDERAL EM20 PLOYEES RETIREMENT SYSTEM.— 

21 (1) DEFINITIONS.—Section 8401 of title 5, 

22 United States Code, as amended by section 815 of 

23 this Act, is amended by adding at the end the fol24 lowing: 


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1 ‘‘(39) ‘Federal protective service officer’ means 

2 an employee in the Federal Protective Service, De3 partment of Homeland Security— 

4 ‘‘(A) who holds a position within the GS– 

5 0083, GS–0080, GS–1801, or GS–1811 job se6 ries (determined applying the criteria in effect 

7 as of September 1, 2007 or any successor posi8 tion; and 

9 ‘‘(B) who are authorized to carry firearms 

10 and empowered to make arrests in the perform11 ance of duties related to the protection of build12 ings, grounds and property that are owned, oc13 cupied, or secured by the Federal Government 

14 (including any agency, instrumentality or wholly 

15 owned or mixed-ownership corporation thereof) 

16 and the persons on the property, including any 

17 such employee who is transferred directly to a 

18 supervisory or administrative position in the 

19 Department of Homeland Security after per20 forming such duties in 1 or more positions (as 

21 described under subparagraph (A)) for at least 

22 3 years.’’. 

23 (2) IMMEDIATE RETIREMENT.—Paragraphs (1) 

24 and (2) of section 8412(d) of title 5, United States 

25 Code, as amended by section 815 of this Act, are 


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1 amended by inserting ‘‘Federal protective service of2 ficer,’’ before ‘‘or customs and border protection of3 ficer,’’. 

4 (3) COMPUTATION OF BASIC ANNUITY.—Section 

5 8415(h)(2) of title 5, United States Code, as amend6 ed by section 815 of this Act, is amended by insert7 ing ‘‘Federal protective service officer,’’ before ‘‘or 

8 customs and border protection officer,’’. 

9 (4) DEDUCTIONS FROM PAY.—The table con10 tained in section 8422(a)(3) of title 5, United States 

11 Code, as amended by section 815 of this Act, is 

12 amended by adding at the end the following: 

‘‘Federal Protective Service Officer 7.5 After June 29, 2009.’’. 

13 (5) GOVERNMENT CONTRIBUTIONS.—Para14 graphs (1)(B)(i) and (3) of section 8423(a) of title 

15 5, United States Code, as amended by section 815 

16 of this Act, are amended by inserting ‘‘Federal pro17 tective service officer,’’ before ‘‘customs and border 

18 protection officer,’’ each place it appears. 

19 (6) MANDATORY SEPARATION.—Section 

20 8425(b)(1) of title 5, United States Code, as amend21 ed by section 815 of this Act, is amended— 

22 (A) by inserting ‘‘Federal protective service 

23 officer who,’’ before ‘‘or customs and border 


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1 protection officer,’’ the first place it appears; 

2 and 

3 (B) inserting ‘‘Federal protective service 

4 officer,’’ before ‘‘or customs and border protec5 tion officer,’’ the second place it appears. 

6 (c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 

7 Section 3307 of title 5, United States Code, is amended 

8 by adding at the end the following: 

9 ‘‘(h) The Secretary of Homeland Security may deter10 mine and fix the maximum age limit for an original ap11 pointment to a position as a Federal protective service of12 ficer, as defined by section 8401(39).’’. 

13 (d) REGULATIONS.—Any regulations necessary to 

14 carry out the amendments made by this section shall be 

15 prescribed by the Director of the Office of Personnel Man16 agement in consultation with the Secretary. 

17 (e) EFFECTIVE DATE; TRANSITION RULES; FUND18 ING.— 

19 (1) EFFECTIVE DATE.—The amendments made 

20 by this section shall become effective on the later of 

21 June 30, 2009, or the first day of the first pay pe22 riod beginning at least 6 months after the date of 

23 the enactment of this Act. 

24 (2) TRANSITION RULES.— 


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1 (A) NONAPPLICABILITY OF MANDATORY

2 SEPARATION PROVISIONS TO CERTAIN INDIVID3 UALS.—The amendments made by subsections 

4 (a)(3) and (b)(6), respectively, shall not apply 

5 to an individual first appointed as a Federal 

6 protective service officer before the effective 

7 date under paragraph (1). 

8 (B) TREATMENT OF PRIOR FEDERAL PRO9 TECTIVE SERVICE OFFICER SERVICE.— 

10 (i) GENERAL RULE.—Except as pro11 vided in clause (ii), nothing in this section 

12 shall be considered to apply with respect to 

13 any service performed as a Federal protec14 tive service officer before the effective date 

15 under paragraph (1). 

16 (ii) EXCEPTION.—Service described in 

17 section 8331(34) and 8401(39) of title 5, 

18 United States Code (as amended by this 

19 section) rendered before the effective date 

20 under paragraph (1) may be taken into ac21 count to determine if an individual who is 

22 serving on or after such effective date then 

23 qualifies as a Federal protective service of24 ficer by virtue of holding a supervisory or 


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1 administrative position in the Department 

2 of Homeland Security. 

3 (C) MINIMUM ANNUITY AMOUNT.—The an4 nuity of an individual serving as a Federal pro5 tective service officer on the effective date 

6 under paragraph (1) pursuant to an appoint7 ment made before that date shall, to the extent 

8 that its computation is based on service ren9 dered as a Federal protective service officer on 

10 or after that date, be at least equal to the 

11 amount that would be payable to the extent 

12 that such service is subject to the Civil Service 

13 Retirement System or Federal Employees Re14 tirement System, as appropriate, by applying 

15 section 8339(d) of title 5, United States Code, 

16 with respect to such service. 

17 (D) RULE OF CONSTRUCTION.—Nothing in 

18 the amendment made by subsection (c) shall be 

19 considered to apply with respect to any appoint20 ment made before the effective date under para21 graph (1). 

22 (3) FEES AND AUTHORIZATIONS OF APPROPRIA23 TIONS.— 

24 (A) FEES.—The Federal Protective Service 

25 shall adjust fees as necessary to ensure collecVerDate Aug 31 2005 00:45 Sep 29, 2008 Jkt 069200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S3623.IS S3623

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1 tions are sufficient to carry out amendments 

2 made in this section. 

3 (B) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated such sums as are necessary to carry out 

6 this section. 

7 (4) ELECTION.— 

8 (A) INCUMBENT DEFINED.—For purposes 

9 of this paragraph, the term ‘‘incumbent’’ means 

10 an individual who is serving as an Federal pro11 tective service officer on the date of the enact12 ment of this Act. 

13 (B) NOTICE REQUIREMENT.—Not later 

14 than 30 days after the date of the enactment of 

15 this Act, the Director of the Office of Personnel 

16 Management shall take measures reasonably de17 signed to ensure that incumbents are notified 

18 as to their election rights under this paragraph, 

19 and the effect of making or not making a time20 ly election. 

21 (C) ELECTION AVAILABLE TO INCUM22 BENTS.— 

23 (i) IN GENERAL.—An incumbent may 

24 elect, for all purposes, either— 


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1 (I) to be treated in accordance 

2 with the amendments made by sub3 section (a) or (b), as applicable; or 

4 (II) to be treated as if sub5 sections (a) and (b) had never been 

6 enacted. 

7 (ii) FAILURE TO MAKE A TIMELY

8 ELECTION.—Failure to make a timely elec9 tion under clause (i) shall be treated in the 

10 same way as an election made under clause 

11 (i)(I) on the last day allowable under 

12 clause (iii). 

13 (iii) DEADLINE.—An election under 

14 this subparagraph shall not be effective 

15 unless it is made at least 14 days before 

16 the effective date under paragraph (1). 

17 (5) DEFINITION.—For the purposes of this sub18 section, the term ‘‘Federal protective service officer’’ 

19 has the meaning given such term by section 

20 8331(34) or 8401(39) of title 5, United States Code 

21 (as amended by this section). 

22 (6) EXCLUSION.—Nothing in this section or 

23 any amendment made by this section shall be consid24 ered to afford any election or to otherwise apply with 


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1 respect to any individual who, as of the day before 

2 the date of the enactment of this Act— 

3 (A) holds a positions within the Federal 

4 Protective Service; and 

5 (B) is considered a law enforcement offi6 cers for purposes of subchapter III of chapter 

7 83 or chapter 84 of title 5, United States Code, 

8 by virtue of such position. 

9 SEC. 1105. FEDERAL PROTECTIVE SERVICE CONTRACTS. 

10 (a) PROHIBITION ON AWARD OF CONTRACTS TO ANY

11 BUSINESS CONCERN OWNED, CONTROLLED, OR OPER12 ATED BY AN INDIVIDUAL CONVICTED OF A FELONY.— 

13 (1) IN GENERAL.—The Secretary, acting 

14 through the Assistant Secretary of U.S. Immigration 

15 and Customs Enforcement— 

16 (A) shall promulgate regulations estab17 lishing guidelines for the prohibition of contract 

18 awards for the provision of guard services 

19 under the contract security guard program of 

20 the Federal Protective Service to any business 

21 concern that is owned, controlled, or operated 

22 by an individual who has been convicted of a 

23 felony; and 

24 (B) may consider permanent or interim 

25 prohibitions when promulgating the regulations. 


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1 (2) CONTENTS.—The regulations under this 

2 subsection shall— 

3 (A) identify which serious felonies may 

4 prohibit a contractor from being awarded a con5 tract; 

6 (B) require contractors to provide informa7 tion regarding any relevant felony convictions 

8 when submitting bids or proposals; and 

9 (C) provide guidelines for the contracting 

10 officer to assess present responsibility, miti11 gating factors, and the risk associated with the 

12 previous conviction, and allow the contracting 

13 officer to award a contract under certain cir14 cumstances. 

15 (b) REGULATIONS.—Not later than 6 months after 

16 the date of the enactment of this Act, the Secretary shall 

17 issue regulations to carry out this section. 

18 (c) REPORT ON GOVERNMENT-WIDE APPLICA19 BILITY.—Not later than 18 months after the date of en20 actment of the Act, the Administrator for Federal Pro21 curement Policy shall submit a report on establishing simi22 lar guidelines government-wide to— 

23 (1) the Committee on Homeland Security and 

24 Governmental Affairs of the Senate; and 


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1 (2) the Committee on Oversight and Govern2 ment Reform of the House of Representatives. 

Æ 


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