II 

110TH CONGRESS 

2D SESSION S. 3524 

To improve the Office for State and Local Law Enforcement, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 

Mr. REID (for Mr. BIDEN) introduced the following bill; which was read twice 

and referred to the Committee on Homeland Security and Governmental 

Affairs 

A BILL 

To improve the Office for State and Local Law Enforcement, 

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 ‘‘Homeland Security 

5 and Law Enforcement Improvements Act of 2008’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

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

mstockstill on PROD1PC66 with BILLS

2 

•S 3524 IS

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

2 of Homeland Security. 

3 SEC. 3. OFFICE FOR STATE AND LOCAL LAW ENFORCE4 MENT. 

5 Section 2006 of the Homeland Security Act of 2002 

6 (6 U.S.C. 607) is amended by striking subsection (b) and 

7 inserting the following: 

8 ‘‘(b) OFFICE FOR STATE AND LOCAL LAW ENFORCE9 MENT.— 

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

11 the Office of the Secretary an Office for State and 

12 Local Law Enforcement, which shall be headed by 

13 an Assistant Secretary for State and Local Law En14 forcement. 

15 ‘‘(2) QUALIFICATIONS.—The Assistant Sec16 retary for State and Local Law Enforcement shall 

17 have an appropriate background with experience in 

18 law enforcement, intelligence, and other antiterrorist 

19 functions. 

20 ‘‘(3) ASSIGNMENT OF PERSONNEL.—The Sec21 retary may assign to the Office for State and Local 

22 Law Enforcement permanent staff and other appro23 priate personnel detailed from other components of 

24 the Department to carry out the responsibilities 

25 under this subsection. 

mstockstill on PROD1PC66 with BILLS

3 

•S 3524 IS

1 ‘‘(4) RESPONSIBILITIES.—The Assistant Sec2 retary for State and Local Law Enforcement shall— 

3 ‘‘(A) lead the coordination of Department4 wide policies relating to the role of State and 

5 local law enforcement in preventing, preparing 

6 for, protecting against, and responding to nat7 ural disasters, acts of terrorism, and other 

8 man-made disasters within the United States; 

9 ‘‘(B) serve as a liaison between State, 

10 local, and tribal law enforcement agencies and 

11 the Department; 

12 ‘‘(C) work with the Office of Intelligence 

13 and Analysis to ensure the intelligence and in14 formation sharing requirements of State, local, 

15 and tribal law enforcement agencies are being 

16 addressed; 

17 ‘‘(D) work with the Administrator to en18 sure that homeland security grants to State, 

19 local, and tribal government agencies, including 

20 grants under sections 2003 and 2004 and sub21 section (a) of this section, the Commercial 

22 Equipment Direct Assistance Program, and 

23 grants to support fusion centers and other law 

24 enforcement-oriented programs, are adequately 

25 focused on terrorism prevention activities; 

mstockstill on PROD1PC66 with BILLS

4 

•S 3524 IS

1 ‘‘(E) coordinate, in cooperation with the 

2 Federal Emergency Management Agency and 

3 the Office of Intelligence and Analysis, informa4 tion sharing and fusion center training, tech5 nical assistance, and other information sharing 

6 activities to ensure needs of State, local, and 

7 tribal law enforcement agencies and fusion cen8 ters are being met, including the development 

9 of a Law Enforcement Information Sharing Re10 source Center under paragraph (6); 

11 ‘‘(F) carry out, in coordination with the 

12 Administrator, the National Law Enforcement 

13 Deployment Team Program established under 

14 paragraph (5); and 

15 ‘‘(G) coordinate with the Federal Emer16 gency Management Agency, the Department of 

17 Justice, the National Institute of Justice, law 

18 enforcement organizations, and other appro19 priate entities to support the development, pro20 mulgation, and updating, as necessary, of na21 tional voluntary consensus standards for train22 ing and personal protective equipment to be 

23 used in a tactical environment by law enforce24 ment officers. 

mstockstill on PROD1PC66 with BILLS

5 

•S 3524 IS

1 ‘‘(5) NATIONAL LAW ENFORCEMENT DEPLOY2 MENT TEAM PROGRAM.— 

3 ‘‘(A) ESTABLISHMENT.—The Assistant 

4 Secretary for State and Local Law Enforce5 ment shall establish a National Law Enforce6 ment Deployment Team Program to develop 

7 and implement a series of Law Enforcement 

8 Deployment Teams comprised of State and 

9 local law enforcement personnel capable of pro10 viding immediate support in response to the 

11 threat or occurrence of a natural or man-made 

12 incident. 

13 ‘‘(B) ACTIVITIES.—In carrying out the Na14 tional Law Enforcement Deployment Team 

15 Program, the Assistant Secretary for State and 

16 Local Law Enforcement shall— 

17 ‘‘(i) consult with State and local law 

18 enforcement and public safety agencies and 

19 other relevant stakeholders as to the capa20 bilities required by a Law Enforcement 

21 Deployment Team; 

22 ‘‘(ii) develop and implement a model 

23 Law Enforcement Deployment Team lo24 cated in a region of the Federal Emermstockstill on PROD1PC66 with BILLS

6 

•S 3524 IS

1 gency Management Agency selected by the 

2 Assistant Secretary; 

3 ‘‘(iii) exercise and train the Law En4 forcement Deployment Teams; 

5 ‘‘(iv) create model policies and proce6 dures, templates, and general policies and 

7 procedures and document best practices 

8 that can be applied to the development of 

9 Law Enforcement Deployment Teams in 

10 each region of the Federal Emergency 

11 Management Agency; 

12 ‘‘(v) develop an implementation strat13 egy to support the development, overall 

14 management, equipment, infrastructure, 

15 and training needs of a National Law En16 forcement Deployment Team Program, in17 cluding the development of a technical as18 sistance and training program; and 

19 ‘‘(vi) not later than 6 months after 

20 the date of enactment of the Homeland Se21 curity and Law Enforcement Improve22 ments Act of 2008, and before implemen23 tation of the National Law Enforcement 

24 Deployment Team Program in any region 

25 of the Federal Emergency Management 

mstockstill on PROD1PC66 with BILLS

7 

•S 3524 IS

1 Agency other than the region selected 

2 under clause (ii), submit to the Committee 

3 on Homeland Security and Government 

4 Affairs and the Committee on the Judici5 ary of the Senate and the Committee on 

6 Homeland Security and the Committee on 

7 the Judiciary of the House of Representa8 tives a report on the National Law En9 forcement Deployment Team Program, 

10 which shall include the implementation 

11 strategy described in clause (v). 

12 ‘‘(C) AUTHORIZATION OF APPROPRIA13 TIONS.—There are authorized to be appro14 priated to carry out this paragraph— 

15 ‘‘(i) $5,000,000 for each of fiscal 

16 years 2009 and 2010; and 

17 ‘‘(ii) such sums as are necessary for 

18 each of fiscal years 2011 through 2015. 

19 ‘‘(6) LAW ENFORCEMENT INFORMATION SHAR20 ING RESOURCE CENTER.— 

21 ‘‘(A) ESTABLISHMENT.—There is estab22 lished within the Office for State and Local 

23 Law Enforcement, the Law Enforcement Infor24 mation Sharing Resource Center to provide 

25 technical assistance relating to information 

mstockstill on PROD1PC66 with BILLS

8 

•S 3524 IS

1 sharing and intelligence with and between 

2 State, local, and tribal law enforcement agen3 cies and Federal agencies. 

4 ‘‘(B) ACTIVITIES.—In carrying out the 

5 Law Enforcement Information Sharing Re6 source Center, the Assistant Secretary for State 

7 and Local Law Enforcement shall— 

8 ‘‘(i) develop a single repository within 

9 the Department to house all relevant guid10 ance, templates, examples, best practices, 

11 data sets, analysis tools, and other fusion 

12 center and information sharing related 

13 items; 

14 ‘‘(ii) consult with State and local law 

15 enforcement agencies in the development of 

16 the Law Enforcement Information Sharing 

17 Resource Center; 

18 ‘‘(iii) consolidate access to Depart19 ment resources within the Law Enforce20 ment Information Sharing Resource Cen21 ter; 

22 ‘‘(iv) provide technical assistance to 

23 law enforcement and public safety agen24 cies; and 

mstockstill on PROD1PC66 with BILLS

9 

•S 3524 IS

1 ‘‘(v) coordinate, in coordination with 

2 the Federal Emergency Management 

3 Agency and the Office of Intelligence and 

4 Analysis, intelligence, information sharing, 

5 and fusion center related training, tech6 nical assistance, exercise, and other serv7 ices provided to State and local law en8 forcement and other agencies developing or 

9 operating fusion centers and intelligence 

10 units. 

11 ‘‘(C) AUTHORIZATION OF APPROPRIA12 TIONS.—There are authorized to be appro13 priated to carry out this paragraph— 

14 ‘‘(i) $3,000,000 for fiscal year 2009; 

15 ‘‘(ii) $3,500,000 for fiscal year 2010; 

16 and 

17 ‘‘(iii) such sums as are necessary for 

18 each of fiscal years 2011 through 2015. 

19 ‘‘(7) FOREIGN LIAISON OFFICERS AGAINST TER20 RORISM PROGRAMS.— 

21 ‘‘(A) ESTABLISHMENT.—There is estab22 lished within the Office of State and Local Law 

23 Enforcement, the Foreign Liaison Officers 

24 Against Terrorism Program. 

mstockstill on PROD1PC66 with BILLS

10 

•S 3524 IS

1 ‘‘(B) DUTIES.—In carrying out the For2 eign Liaison Officers Against Terrorism Pro3 gram the Assistant Secretary for State and 

4 Local Law Enforcement shall— 

5 ‘‘(i) identify foreign cities the govern6 ment of which desires a State, local, or 

7 tribal law enforcement agency to assign an 

8 officer to the foreign city, to share infor9 mation with law enforcement agencies of 

10 State, local, and tribal governments; and 

11 ‘‘(ii) assign each foreign city identified 

12 under clause (i) to a law enforcement 

13 agency participating in the Foreign Liai14 son Officers Against Terrorism Program, 

15 to— 

16 ‘‘(I) obtain information relevant 

17 to law enforcement agencies of State, 

18 local, and tribal governments from 

19 each such city for information sharing 

20 purposes; and 

21 ‘‘(II) share information obtained 

22 under subclause (I) with other law en23 forcement agencies participating in 

24 the Foreign Liaison Officers Against 

25 Terrorism Program. 

mstockstill on PROD1PC66 with BILLS

11 

•S 3524 IS

1 ‘‘(C) USE OF GRANT FUNDS.—A grant 

2 awarded under section 2003 may be used for 

3 the costs of participation in the Foreign Liaison 

4 Officers Against Terrorism Program established 

5 under subparagraph (A).’’. 

6 SEC. 4. LAW ENFORCEMENT TERRORISM PREVENTION 

7 PROGRAM. 

8 (a) IN GENERAL.—Section 2006(a) of the Homeland 

9 Security Act of 2002 (6 U.S.C. 607(a)) is amended— 

10 (1) by striking paragraph (1) and inserting the 

11 following: 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) GRANTS.—The Assistant Secretary 

14 for State and Local Law Enforcement may 

15 make grants to States and local governments 

16 for law enforcement terrorism prevention activi17 ties. 

18 ‘‘(B) PROGRAM.—The Secretary shall 

19 maintain the grant program under this sub20 section as a separate program of the Depart21 ment.’’; and 

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

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 

25 this subsection $500,000,000 for each of fiscal years 

mstockstill on PROD1PC66 with BILLS

12 

•S 3524 IS

1 2009 through 2015, of which not less than 10 per2 cent may be used by the Assistant Secretary for dis3 cretionary grants for national best practices and 

4 programs of proven effectiveness, including for— 

5 ‘‘(A) national, regional and multi-jurisdic6 tional projects; 

7 ‘‘(B) development of model programs for 

8 replication; 

9 ‘‘(C) guidelines and standards for pre10 venting terrorism; 

11 ‘‘(D) national demonstration projects that 

12 employ innovative or promising approaches; and 

13 ‘‘(E) evaluation of programs to ensure the 

14 effectiveness of the programs.’’. 

15 (b) REPORTING.—The Assistant Secretary for State 

16 and Local Law Enforcement of the Department shall sub17 mit to Congress and make publicly available an annual 

18 report detailing the goals and recommendations for the 

19 Nation’s terrorism prevention strategy. 

20 SEC. 5. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE 

21 PROGRAM. 

22 (a) IN GENERAL.—Title XX of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 601 et seq.) is amended by 

24 adding at the end the following: 

mstockstill on PROD1PC66 with BILLS

13 

•S 3524 IS

1 ‘‘Subtitle C—Other Assistance 

2 ‘‘SEC. 2041. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE 

3 PROGRAM. 

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

5 the Office of State and Local Law Enforcement, the Com6 mercial Equipment Direct Assistance Program (in this 

7 section referred to as the ‘program’) to make 

8 counterterrorism technology, equipment, and information 

9 available to local law enforcement agencies. 

10 ‘‘(b) ACTIVITIES.—In carrying out the program, the 

11 Assistant Secretary for State and Local Law Enforcement 

12 shall— 

13 ‘‘(1) publish a comprehensive list of available 

14 technologies, equipment, and information available 

15 under the program; 

16 ‘‘(2) consult with local law enforcement agen17 cies and other appropriate individuals and entities, 

18 as determined by the Assistant Secretary for State 

19 and Local Law Enforcement; 

20 ‘‘(3) accept applications from the heads of 

21 State and local law enforcement agencies that wish 

22 to acquire technologies, equipment, or information 

23 under the program to improve the homeland security 

24 capabilities of those agencies; and 

mstockstill on PROD1PC66 with BILLS

14 

•S 3524 IS

1 ‘‘(4) transfer the approved technology, equip2 ment, or information and provide the appropriate 

3 training to the State or local law enforcement agen4 cy to implement such technology, equipment, or in5 formation. 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this sec8 tion— 

9 ‘‘(1) $75,000,000 for each of fiscal years 2009 

10 and 2010; and 

11 ‘‘(2) such sums as are necessary for each of fis12 cal years 2011 through 2015.’’. 

Æ 

mstockstill on PROD1PC66 with BILLS