[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3524 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security and Law 
Enforcement Improvements Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Department'' means the Department of 
        Homeland Security; and
            (2) the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 3. OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.

    Section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Office for State and Local Law Enforcement.--
            ``(1) Establishment.--There is established in the Office of 
        the Secretary an Office for State and Local Law Enforcement, 
        which shall be headed by an Assistant Secretary for State and 
        Local Law Enforcement.
            ``(2) Qualifications.--The Assistant Secretary for State 
        and Local Law Enforcement shall have an appropriate background 
        with experience in law enforcement, intelligence, and other 
        antiterrorist functions.
            ``(3) Assignment of personnel.--The Secretary may assign to 
        the Office for State and Local Law Enforcement permanent staff 
        and other appropriate personnel detailed from other components 
        of the Department to carry out the responsibilities under this 
        subsection.
            ``(4) Responsibilities.--The Assistant Secretary for State 
        and Local Law Enforcement shall--
                    ``(A) lead the coordination of Department-wide 
                policies relating to the role of State and local law 
                enforcement in preventing, preparing for, protecting 
                against, and responding to natural disasters, acts of 
                terrorism, and other man-made disasters within the 
                United States;
                    ``(B) serve as a liaison between State, local, and 
                tribal law enforcement agencies and the Department;
                    ``(C) work with the Office of Intelligence and 
                Analysis to ensure the intelligence and information 
                sharing requirements of State, local, and tribal law 
                enforcement agencies are being addressed;
                    ``(D) work with the Administrator to ensure that 
                homeland security grants to State, local, and tribal 
                government agencies, including grants under sections 
                2003 and 2004 and subsection (a) of this section, the 
                Commercial Equipment Direct Assistance Program, and 
                grants to support fusion centers and other law 
                enforcement-oriented programs, are adequately focused 
                on terrorism prevention activities;
                    ``(E) coordinate, in cooperation with the Federal 
                Emergency Management Agency and the Office of 
                Intelligence and Analysis, information sharing and 
                fusion center training, technical assistance, and other 
                information sharing activities to ensure needs of 
                State, local, and tribal law enforcement agencies and 
                fusion centers are being met, including the development 
                of a Law Enforcement Information Sharing Resource 
                Center under paragraph (6);
                    ``(F) carry out, in coordination with the 
                Administrator, the National Law Enforcement Deployment 
                Team Program established under paragraph (5); and
                    ``(G) coordinate with the Federal Emergency 
                Management Agency, the Department of Justice, the 
                National Institute of Justice, law enforcement 
                organizations, and other appropriate entities to 
                support the development, promulgation, and updating, as 
                necessary, of national voluntary consensus standards 
                for training and personal protective equipment to be 
                used in a tactical environment by law enforcement 
                officers.
            ``(5) National law enforcement deployment team program.--
                    ``(A) Establishment.--The Assistant Secretary for 
                State and Local Law Enforcement shall establish a 
                National Law Enforcement Deployment Team Program to 
                develop and implement a series of Law Enforcement 
                Deployment Teams comprised of State and local law 
                enforcement personnel capable of providing immediate 
                support in response to the threat or occurrence of a 
                natural or man-made incident.
                    ``(B) Activities.--In carrying out the National Law 
                Enforcement Deployment Team Program, the Assistant 
                Secretary for State and Local Law Enforcement shall--
                            ``(i) consult with State and local law 
                        enforcement and public safety agencies and 
                        other relevant stakeholders as to the 
                        capabilities required by a Law Enforcement 
                        Deployment Team;
                            ``(ii) develop and implement a model Law 
                        Enforcement Deployment Team located in a region 
                        of the Federal Emergency Management Agency 
                        selected by the Assistant Secretary;
                            ``(iii) exercise and train the Law 
                        Enforcement Deployment Teams;
                            ``(iv) create model policies and 
                        procedures, templates, and general policies and 
                        procedures and document best practices that can 
                        be applied to the development of Law 
                        Enforcement Deployment Teams in each region of 
                        the Federal Emergency Management Agency;
                            ``(v) develop an implementation strategy to 
                        support the development, overall management, 
                        equipment, infrastructure, and training needs 
                        of a National Law Enforcement Deployment Team 
                        Program, including the development of a 
                        technical assistance and training program; and
                            ``(vi) not later than 6 months after the 
                        date of enactment of the Homeland Security and 
                        Law Enforcement Improvements Act of 2008, and 
                        before implementation of the National Law 
                        Enforcement Deployment Team Program in any 
                        region of the Federal Emergency Management 
                        Agency other than the region selected under 
                        clause (ii), submit to the Committee on 
                        Homeland Security and Government Affairs and 
                        the Committee on the Judiciary of the Senate 
                        and the Committee on Homeland Security and the 
                        Committee on the Judiciary of the House of 
                        Representatives a report on the National Law 
                        Enforcement Deployment Team Program, which 
                        shall include the implementation strategy 
                        described in clause (v).
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph--
                            ``(i) $5,000,000 for each of fiscal years 
                        2009 and 2010; and
                            ``(ii) such sums as are necessary for each 
                        of fiscal years 2011 through 2015.
            ``(6) Law enforcement information sharing resource 
        center.--
                    ``(A) Establishment.--There is established within 
                the Office for State and Local Law Enforcement, the Law 
                Enforcement Information Sharing Resource Center to 
                provide technical assistance relating to information 
                sharing and intelligence with and between State, local, 
                and tribal law enforcement agencies and Federal 
                agencies.
                    ``(B) Activities.--In carrying out the Law 
                Enforcement Information Sharing Resource Center, the 
                Assistant Secretary for State and Local Law Enforcement 
                shall--
                            ``(i) develop a single repository within 
                        the Department to house all relevant guidance, 
                        templates, examples, best practices, data sets, 
                        analysis tools, and other fusion center and 
                        information sharing related items;
                            ``(ii) consult with State and local law 
                        enforcement agencies in the development of the 
                        Law Enforcement Information Sharing Resource 
                        Center;
                            ``(iii) consolidate access to Department 
                        resources within the Law Enforcement 
                        Information Sharing Resource Center;
                            ``(iv) provide technical assistance to law 
                        enforcement and public safety agencies; and
                            ``(v) coordinate, in coordination with the 
                        Federal Emergency Management Agency and the 
                        Office of Intelligence and Analysis, 
                        intelligence, information sharing, and fusion 
                        center related training, technical assistance, 
                        exercise, and other services provided to State 
                        and local law enforcement and other agencies 
                        developing or operating fusion centers and 
                        intelligence units.
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph--
                            ``(i) $3,000,000 for fiscal year 2009;
                            ``(ii) $3,500,000 for fiscal year 2010; and
                            ``(iii) such sums as are necessary for each 
                        of fiscal years 2011 through 2015.
            ``(7) Foreign liaison officers against terrorism 
        programs.--
                    ``(A) Establishment.--There is established within 
                the Office of State and Local Law Enforcement, the 
                Foreign Liaison Officers Against Terrorism Program.
                    ``(B) Duties.--In carrying out the Foreign Liaison 
                Officers Against Terrorism Program the Assistant 
                Secretary for State and Local Law Enforcement shall--
                            ``(i) identify foreign cities the 
                        government of which desires a State, local, or 
                        tribal law enforcement agency to assign an 
                        officer to the foreign city, to share 
                        information with law enforcement agencies of 
                        State, local, and tribal governments; and
                            ``(ii) assign each foreign city identified 
                        under clause (i) to a law enforcement agency 
                        participating in the Foreign Liaison Officers 
                        Against Terrorism Program, to--
                                    ``(I) obtain information relevant 
                                to law enforcement agencies of State, 
                                local, and tribal governments from each 
                                such city for information sharing 
                                purposes; and
                                    ``(II) share information obtained 
                                under subclause (I) with other law 
                                enforcement agencies participating in 
                                the Foreign Liaison Officers Against 
                                Terrorism Program.
                    ``(C) Use of grant funds.--A grant awarded under 
                section 2003 may be used for the costs of participation 
                in the Foreign Liaison Officers Against Terrorism 
                Program established under subparagraph (A).''.

SEC. 4. LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.

    (a) In General.--Section 2006(a) of the Homeland Security Act of 
2002 (6 U.S.C. 607(a)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--
                    ``(A) Grants.--The Assistant Secretary for State 
                and Local Law Enforcement may make grants to States and 
                local governments for law enforcement terrorism 
                prevention activities.
                    ``(B) Program.--The Secretary shall maintain the 
                grant program under this subsection as a separate 
                program of the Department.''; and
            (2) by adding at the end the following:
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $500,000,000 
        for each of fiscal years 2009 through 2015, of which not less 
        than 10 percent may be used by the Assistant Secretary for 
        discretionary grants for national best practices and programs 
        of proven effectiveness, including for--
                    ``(A) national, regional and multi-jurisdictional 
                projects;
                    ``(B) development of model programs for 
                replication;
                    ``(C) guidelines and standards for preventing 
                terrorism;
                    ``(D) national demonstration projects that employ 
                innovative or promising approaches; and
                    ``(E) evaluation of programs to ensure the 
                effectiveness of the programs.''.
    (b) Reporting.--The Assistant Secretary for State and Local Law 
Enforcement of the Department shall submit to Congress and make 
publicly available an annual report detailing the goals and 
recommendations for the Nation's terrorism prevention strategy.

SEC. 5. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

    (a) In General.--Title XX of the Homeland Security Act of 2002 (6 
U.S.C. 601 et seq.) is amended by adding at the end the following:

                     ``Subtitle C--Other Assistance

``SEC. 2041. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

    ``(a) Establishment.--There is established within the Office of 
State and Local Law Enforcement, the Commercial Equipment Direct 
Assistance Program (in this section referred to as the `program') to 
make counterterrorism technology, equipment, and information available 
to local law enforcement agencies.
    ``(b) Activities.--In carrying out the program, the Assistant 
Secretary for State and Local Law Enforcement shall--
            ``(1) publish a comprehensive list of available 
        technologies, equipment, and information available under the 
        program;
            ``(2) consult with local law enforcement agencies and other 
        appropriate individuals and entities, as determined by the 
        Assistant Secretary for State and Local Law Enforcement;
            ``(3) accept applications from the heads of State and local 
        law enforcement agencies that wish to acquire technologies, 
        equipment, or information under the program to improve the 
        homeland security capabilities of those agencies; and
            ``(4) transfer the approved technology, equipment, or 
        information and provide the appropriate training to the State 
        or local law enforcement agency to implement such technology, 
        equipment, or information.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $75,000,000 for each of fiscal years 2009 and 2010; 
        and
            ``(2) such sums as are necessary for each of fiscal years 
        2011 through 2015.''.
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