[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3623 Introduced in Senate (IS)]







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.

    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 ``Department of Homeland Security 
Authorization Act of 2008 and 2009''.

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. TABLE OF CONTENTS.

    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-protege 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.
        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.
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.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. DEPARTMENT OF HOMELAND SECURITY.

    (a) Fiscal Year 2008.--There is authorized to be appropriated to 
the Secretary such sums as may be necessary for the necessary expenses 
of the Department for fiscal year 2008.
    (b) Fiscal Year 2009.--There is authorized to be appropriated to 
the Secretary $42,186,000,000 for the necessary expenses of the 
Department for fiscal year 2009.

       TITLE II--POLICY, MANAGEMENT, AND INTEGRATION IMPROVEMENTS

SEC. 201. UNDER SECRETARY FOR POLICY.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by--
            (1) redesignating section 601 as section 890A and 
        transferring that section to after section 890; and
            (2) striking the heading for title VI and inserting the 
        following:

       ``TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

``SEC. 601. UNDER SECRETARY FOR POLICY.

    ``(a) In General.--There shall be in the Department an Under 
Secretary for Policy, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    ``(b) Responsibilities.--Subject to the direction and control of 
the Secretary, the Under Secretary for Policy shall--
            ``(1) serve as the principal policy advisor to the 
        Secretary;
            ``(2) provide overall direction and supervision of policy 
        development for the programs, offices, and activities of the 
        Department;
            ``(3) establish and direct a formal policymaking process 
        for the Department;
            ``(4) ensure that the budget of the Department (including 
        the development of future year budgets) is compatible with the 
        statutory and regulatory responsibilities of the Department and 
        with the priorities, strategic plans, and policies established 
        by the Secretary;
            ``(5) conduct long-range, strategic planning for the 
        Department, including overseeing each quadrennial homeland 
        security review under section 621;
            ``(6) coordinate policy development undertaken by the 
        component agencies and offices of the Department; and
            ``(7) carry out such other responsibilities as the 
        Secretary determines are appropriate, consistent with this 
        section.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended--
                    (A) in the table of contents in section 1(b)--
                            (i) by striking the item relating to title 
                        IV and inserting the following:

           ``TITLE IV--BORDER AND TRANSPORTATION SECURITY''.

                            (ii) by striking the item relating to 
                        subtitle A of title IV and inserting the 
                        following:

          ``Subtitle A--Border and Transportation Security''.

                            (iii) by striking the item relating to 
                        section 441 and inserting the following:

``Sec. 441.Transfer of functions.'';
                            (iv) by striking the items relating to 
                        title VI and section 601 and inserting the 
                        following:

       ``TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

``Sec. 601. Under Secretary for Policy.''; and
                            (v) by inserting after the item relating 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.'';
                    (B) in section 102(f)(10), by striking ``the 
                Directorate of Border and Transportation Security'' and 
                inserting ``U.S. Customs and Border Protection'';
                    (C) in section 103(a)(3), by striking ``for Border 
                and Transportation Security'' and inserting ``for 
                Policy'';
                    (D) by striking the heading for title IV and 
                inserting the following:

           ``TITLE IV--BORDER AND TRANSPORTATION SECURITY'';

                    (E) by striking the heading for subtitle A of title 
                IV and inserting the following:

          ``Subtitle A--Border and Transportation Security'';

                    (F) in section 402, by striking ``, acting through 
                the Under Secretary for Border and Transportation 
                Security,'';
                    (G) in section 411(a), by striking ``under the 
                authority of the Under Secretary for Border and 
                Transportation Security,'';
                    (H) in section 441--
                            (i) in the section heading, by striking 
                        ``to under secretary for border and 
                        transportation security''; and
                            (ii) by striking ``Under Secretary for 
                        Border and Transportation Security'' and 
                        inserting ``Secretary'';
                    (I) in section 442(a)--
                            (i) in paragraph (2), by striking ``who--'' 
                        and all that follows through ``(B) shall'' and 
                        inserting ``who shall''; and
                            (ii) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                striking ``Under Secretary for Border 
                                and Transportation Security'' each 
                                place it appears and inserting 
                                ``Secretary''; and
                                    (II) in subparagraph (C), by 
                                striking ``Border and Transportation 
                                Security'' and inserting ``Policy'';
                    (J) in section 443, by striking ``The Under 
                Secretary for Border and Transportation Security'' and 
                inserting ``The Secretary'';
                    (K) in section 444, by striking ``The Under 
                Secretary for Border and Transportation Security'' and 
                inserting ``The Secretary'';
                    (L) in section 472(e), by striking ``or the Under 
                Secretary for Border and Transportation Security''; and
                    (M) in section 878(e), by striking ``the 
                Directorate of Border and Transportation Security'' and 
                inserting ``U.S. Customs and Border Protection, 
                Immigration and Customs Enforcement''.
            (2) Other laws.--
                    (A) Vulnerability and threat assessment.--Section 
                301 of the REAL ID Act of 2005 (8 U.S.C. 1778) is 
                amended--
                            (i) in subsection (a)--
                                    (I) in the first sentence, by 
                                striking ``Under Secretary of Homeland 
                                Security for Border and Transportation 
                                Security'' and inserting ``Secretary of 
                                Homeland Security''; and
                                    (II) in the second sentence, by 
                                striking ``Under'';
                            (ii) in subsection (b)--
                                    (I) by striking ``Under''; and
                                    (II) by striking ``Under 
                                Secretary's findings and conclusions'' 
                                and inserting ``Secretary's findings 
                                and conclusions''; and
                            (iii) in subsection (c), by striking 
                        ``Directorate of Border and Transportation 
                        Security''.
                    (B) Air charter program.--Section 44903(l)(1) of 
                title 49, United States Code, is amended by striking 
                ``Under Secretary for Border and Transportation 
                Security of the Department of'' and inserting 
                ``Secretary of''.
                    (C) Basic security training.--Section 
                44918(a)(2)(E) of title 49, United States Code, is 
                amended by striking ``Under Secretary for Border and 
                Transportation Security of the Department of'' and 
                inserting ``Secretary of''.
                    (D) Airport security improvement projects.--Section 
                44923 of title 49, United States Code, is amended--
                            (i) in subsection (a), in the matter 
                        preceding paragraph (1), by striking ``Under 
                        Secretary for Border and Transportation 
                        Security of the Department of'' and inserting 
                        ``Secretary of'';
                            (ii) by striking ``Under Secretary'' each 
                        place it appears and inserting ``Secretary of 
                        Homeland Security''; and
                            (iii) in subsection (d)(3), in the 
                        paragraph heading, by striking ``Under''.
                    (E) Repair station security.--Section 44924 of 
                title 49, United States Code, is amended--
                            (i) in subsection (a), by striking ``Under 
                        Secretary for Border and Transportation 
                        Security of the Department of'' and inserting 
                        ``Secretary of''; and
                            (ii) by striking ``Under Secretary'' each 
                        place it appears and inserting ``Secretary of 
                        Homeland Security''.
                    (F) Certificate actions in response to a security 
                threat.--Section 46111 of title 49, United States Code, 
                is amended--
                            (i) in subsection (a), by striking ``Under 
                        Secretary for Border and Transportation 
                        Security of the Department of'' and inserting 
                        ``Secretary of''; and
                            (ii) by striking ``Under Secretary'' each 
                        place it appears and inserting ``Secretary of 
                        Homeland Security''.

SEC. 202. OPERATIONS COORDINATION AND PLANNING.

    (a) In General.--Title VI of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.), as amended by section 201 of this Act, is amended 
by adding at the end the following:

           ``Subtitle B--Operations Coordination and Planning

``SEC. 611. OPERATIONS COORDINATION AND PLANNING.

    ``(a) In General.--The Secretary shall ensure that the Department 
develops and maintains the capability to coordinate operations and 
strategically plan across all of the component organizations of the 
Department, including, where appropriate, through the use of a joint 
staff comprising personnel from those component organizations.
    ``(b) Office.--In order to carry out the responsibilities described 
in subsection (a), the Secretary may establish in the Department an 
Office of Operations Coordination and Planning, which may be headed by 
a Director for Operations Coordination and Planning.
    ``(c) Responsibilities.--The responsibilities of a Director for 
Operations Coordination and Planning, subject to the direction and 
control of the Secretary, may include--
            ``(1) operations coordination and strategic planning, 
        consistent with the responsibilities described in subsection 
        (a);
            ``(2) supervision of a joint staff comprised of personnel 
        detailed from the component organizations of the Department in 
        order to carry out the responsibilities under paragraph (1);
            ``(3) overseeing the National Operations Center described 
        in section 515; and
            ``(4) any other responsibilities, as determined by the 
        Secretary.
    ``(d) Limitation.--Nothing in this section may be construed to 
modify or impair the authorities of the Secretary or the Administrator 
of the Federal Emergency Management Agency under title V of this Act.

         ``Subtitle C--Quadrennial Homeland Security Review''.

    (b) Transfer.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by redesignating section 707 as section 621 and 
transferring that section to after the heading for subtitle C of title 
VI, as added by subsection (a) of this section.
    (c) Technical and Conforming Amendments.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
            (1) by inserting after the item relating to section 601, as 
        added by section 201 of this Act, the 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
            (2) by striking the item relating to section 707.

SEC. 203. DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS.

    (a) Findings.--Relating to the consolidation of the operations of 
the Department in a secure location, Congress finds the following:
            (1) The headquarters facilities of the Department are 
        currently spread throughout 40 sites across the National 
        Capital Region, making communication, coordination, and 
        cooperation among the components of the Department a 
        significant challenge and disrupting the ability of the 
        Department to effectively fulfill the homeland security 
        mission.
            (2) The General Services Administration has determined that 
        the only site under the control of the Federal Government 
        within the National Capital Region with the size, capacity, and 
        security features to meet the minimum consolidation needs of 
        the Department as identified in the National Capital Region 
        Housing Master Plan of the Department submitted to the Congress 
        on October 24, 2006, is the West Campus of Saint Elizabeth's 
        Hospital in the District of Columbia.
    (b) Consolidation.--
            (1) In general.--Notwithstanding any other provision of law 
        and not later than the end of fiscal year 2016, the Secretary 
        shall consolidate key headquarters and components of the 
        Department, as determined by the Secretary, in accordance with 
        this subsection.
            (2) St. elizabeth's hospital.--The Secretary shall ensure 
        that at the West Campus of Saint Elizabeth's Hospital in the 
        District of Columbia, in a secure setting, there are--
                    (A) not less than 4,500,000 gross square feet of 
                office space for use by the Department; and
                    (B) all necessary parking and infrastructure to 
                support approximately 14,000 employees.
            (3) Other mission support activities.--
                    (A) In general.--The Secretary shall consolidate 
                the physical location of all components and activities 
                of the Department in the National Capitol Region that 
                do not relocate to the West Campus of St. Elizabeth's 
                Hospital to as few locations within the National 
                Capitol Region as possible.
                    (B) Limitation.--The Secretary may only consolidate 
                components and activities described in subparagraph (A) 
                if the consolidation can be accomplished without 
                negatively affecting the specific mission of the 
                components or activities being consolidated.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section 
for each of fiscal years 2008 through 2016.

SEC. 204. CHIEF INFORMATION OFFICER.

    Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Responsibilities.--The Chief Information Officer shall--
            ``(1) advise and assist the Secretary, heads of the 
        components of the Department, and other senior officers in 
        carrying out the responsibilities of the Department for all 
        activities relating to the programs and operations of the 
        information technology functions of the Department;
            ``(2) establish the information technology priorities, 
        policies, processes, standards, guidelines, and procedures of 
        the Department;
            ``(3) in accordance with guidance from the Director of the 
        Office of Management and Budget, develop and maintain a 
        strategic information resources management plan that shall 
        describe how information resources management activities help 
        accomplish agency missions as required by section 3506(b)(2) of 
        title 44, United States Code;
            ``(4) be responsible for information technology capital 
        planning and investment management in accordance with section 
        3506(h) of title 44, United States Code and sections 11312 and 
        11313 of title 40, United States Code;
            ``(5) develop, maintain, and facilitate the implementation 
        of a sound, secure, and integrated information technology 
        architecture for the Department, as required by section 11315 
        of title 40, United States Code;
            ``(6) in coordination with the Chief Procurement Officer of 
        the Department, assume responsibility for information systems 
        acquisition, development and integration as required by section 
        3506(h)(2) of title 44, United States Code, and section 11312 
        of title 40, United States Code;
            ``(7) in coordination with the Chief Procurement Officer of 
        the Department, review and approve any information technology 
        acquisition with a total value greater than a threshold level 
        to be determined by the Secretary;
            ``(8) implement initiatives to use information technology 
        to improve government services to the public under section 101 
        of title 44, United States Code, (commonly known as the E-
        Government Act) and as required by section 3506(h)(3) of title 
        44, United States Code;
            ``(9) in coordination with the Executive Agent for 
        Information Sharing of the Department, as designated by the 
        Secretary, ensure that information technology systems meet the 
        standards established under the information sharing 
        environment, as defined in section 1016 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
            ``(10) ensure that the Department meets its information 
        technology and information resources management workforce or 
        human capital needs in its hiring, training and professional 
        development policies as required by section 3506(b) of title 
        44, United States Code, and section 11315(c) of title 40, 
        United States Code;
            ``(11) collaborate with the heads of the components of the 
        Department in recruiting and selecting key information 
        technology officials in the components of the Department; and
            ``(12) perform other responsibilities, as determined by the 
        Secretary.''.

SEC. 205. DEPARTMENT OF HOMELAND SECURITY INTERNATIONAL AFFAIRS OFFICE.

    (a) Office of International Affairs.--The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by striking section 879 and 
inserting the following:

``SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.

    ``(a) Establishment.--There is established within the Department an 
Office of International Affairs, headed by the Assistant Secretary for 
International Affairs, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    ``(b) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary for International Affairs shall--
            ``(1) coordinate international activities within the 
        Department, including the components of the Department, in 
        coordination with other Federal officers with responsibility 
        for counterterrorism and homeland security matters;
            ``(2) develop and update, in consultation with all 
        components of the Department with international activities, an 
        international strategic plan for the Department and establish a 
        process for managing its implementation;
            ``(3) provide guidance to components of the Department on 
        executing international activities and to employees of the 
        Department who are deployed overseas, including--
                    ``(A) establishing predeployment preparedness 
                criteria for employees and any accompanying family 
                members;
                    ``(B) establishing, in coordination with the Under 
                Secretary for Management, minimum support requirements 
                for Department employees abroad, to ensure the 
                employees have the proper resources and have received 
                adequate and timely support prior to and during tours 
                of duty;
                    ``(C) providing information and training on 
                administrative support services available to overseas 
                employees from the Department of State and other 
                Federal agencies;
                    ``(D) establishing guidance on how Department 
                attaches are expected to coordinate with other 
                component staff and activities; and
                    ``(E) developing procedures and guidance for 
                employees of the Department returning to the United 
                States;
            ``(4) maintain full awareness regarding the international 
        travel of senior officers of the Department, in order to fully 
        inform the Secretary and Deputy Secretary of the Department's 
        international activities;
            ``(5) promote information and education exchange with the 
        international community of nations friendly to the United 
        States in order to promote the sharing of homeland security 
        information, best practices, and technologies relating to 
        homeland security, in coordination with the Science and 
        Technology Homeland Security International Cooperative Programs 
        Office established under section 317, including--
                    ``(A) exchange of information on research and 
                development on homeland security technologies;
                    ``(B) joint training exercises of emergency 
                response providers;
                    ``(C) exchange of expertise on terrorism 
                prevention, preparedness, response, and recovery;
                    ``(D) exchange of information with appropriate 
                private sector entities with international exposure; 
                and
                    ``(E) international training and technical 
                assistance to representatives of foreign countries who 
                are collaborating with the Department;
            ``(6) identify areas for homeland security information and 
        training exchange in which the United States has a demonstrated 
        weakness and a country that is a friend or ally of the United 
        States has a demonstrated expertise;
            ``(7) review and provide input to the Secretary on budget 
        requests relating to the international expenditures of the 
        elements and components of the Department;
            ``(8) participate, in coordination with other appropriate 
        Federal agencies, in the development and implementation of 
        international agreements relating to homeland security; and
            ``(9) perform other duties, as determined by the Secretary.
    ``(c) Responsibilities of the Components of the Department.--
            ``(1) In general.--All components of the Department shall 
        notify the Office of International Affairs of the intent of the 
        component to pursue negotiations with foreign governments.
            ``(2) Travel.--All components of the Departments shall 
        inform the Office of International Affairs about the 
        international travel of senior officers of the Department, 
        including contacts with foreign governments.
    ``(d) Exclusions.--This section does not apply to international 
activities related to the protective mission of the United States 
Secret Service or to the United States Coast Guard when operating under 
the direct authority of the Secretary of Defense or Secretary of the 
Navy.''.
    (b) Review of Homeland Security International Affairs Activities.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall develop a plan to improve the 
        coordination of the activities of the Department outside of the 
        United States.
            (2) Contents of plan.--The plan developed under paragraph 
        (1) shall include--
                    (A) an assessment of the strategic priorities for 
                the Department in the outreach and liaison activities 
                of the Department with international partners;
                    (B) an inventory and cost analysis of the 
                international offices, workforce, and fixed assets of 
                the Department;
                    (C) a plan for improving the coordination of the 
                activities and resources of the Department outside of 
                the United States, including at United States embassies 
                overseas; and
                    (D) recommendations relating to the appropriate 
                role for Senior Homeland Security Representatives and 
                attaches of the Department at United States embassies 
                overseas.
            (3) Reporting.--Not later than 210 days after the date of 
        enactment of this Act, the Secretary shall submit the plan 
        developed under paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Foreign 
                Relations of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Foreign Affairs of the House of 
                Representatives.

SEC. 206. DEPARTMENT OF HOMELAND SECURITY REORGANIZATION AUTHORITY.

    Section 872(b) of the Homeland Security Act of 2002 (6 U.S.C. 
452(b)) is amended--
            (1) in paragraph (1), in the paragraph heading, by striking 
        ``In general'' and inserting ``Limitations on initial 
        reorganization plan''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Limitations on other reorganization authority.--
                    ``(A) In general.--Authority under subsection 
                (a)(2) does not extend to the discontinuance, 
                abolition, substantial consolidation, alteration, or 
                transfer of any agency, entity, organizational unit, 
                program, or function established or required to be 
                maintained by statute.
                    ``(B) Exception.--Notwithstanding paragraph (1), if 
                the President determines it to be necessary because of 
                an imminent threat to homeland security, a function, 
                power, or duty vested by law in the Department, or an 
                officer, official, or agency thereof, may be 
                transferred, reassigned, or consolidated within the 
                Department. A transfer, reassignment, or consolidation 
                under this subparagraph shall remain in effect only 
                until the President determines that the threat to 
                homeland security has terminated or is no longer 
                imminent.''.

SEC. 207. HOMELAND SECURITY INSTITUTE.

    Section 312 of the Homeland Security Act of 2002 (6 U.S.C. 192) is 
amended by striking subsection (g), and inserting the following:
    ``(g) Publication of Institute Reports.--To the maximum extent 
possible, the Homeland Security Institute shall make available 
unclassified versions of reports by the Homeland Security Institute on 
the website of the Homeland Security Institute.''.

SEC. 208. OFFICE OF THE INSPECTOR GENERAL.

    Of the amount authorized to be appropriated under section 101, 
there are authorized to be appropriated to the Secretary for operations 
of the Office of the Inspector General of the Department--
            (1) $108,500,000 for fiscal year 2008; and
            (2) $111,600,000 for fiscal year 2009.

SEC. 209. DEPARTMENT MANAGEMENT DIRECTIVE SYSTEM.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall make available on the website of the 
Department all unclassified directives and management directives of the 
Department, including relevant attachments and enclosures. Any 
directive that contains controlled unclassified information may be 
redacted, as appropriate.
    (b) Report.--Not later than 7 days after the date on which the 
Secretary makes all directives available under subsection (a), the 
Secretary shall submit a report that includes any directive or 
management directive of the Department (including attachments and 
enclosures) that was redacted or not published on the website of the 
Department because the directive or management directive contains 
classified information or controlled unclassified information to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (2) the Committee on Homeland Security of the House of 
        Representatives.

        TITLE III--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS

SEC. 301. DEPARTMENT OF HOMELAND SECURITY INVESTMENT REVIEW.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.), as amended by section 202 of this Act, is amended 
by adding at the end the following:

``SEC. 707. DEPARTMENT INVESTMENT REVIEW.

    ``(a) Establishment.--The Secretary shall establish a process for 
the review of proposed investments by the Department.
    ``(b) Purpose.--The Secretary shall use the process established 
under subsection (a) to inform investment decisions, strengthen 
acquisition oversight, and improve resource management across the 
Department.
    ``(c) Boards and Councils.--
            ``(1) Establishment.--The Secretary shall establish a 
        Department-wide Acquisition Review Board for the purpose of 
        carrying out the investment review process established under 
        subsection (a).
            ``(2) Membership.--The Secretary shall designate 
        appropriate officers of the Department to serve on the 
        Acquisition Review Board.
            ``(3) Subordinate boards and councils.--The Secretary may 
        establish subordinate boards and councils reporting to the 
        Acquisition Review Board to review certain categories of 
        investments on a Department-wide basis.
    ``(d) Investment Thresholds.--The Secretary shall establish 
threshold amounts for the review of investments by the Acquisition 
Review Board and any subordinate boards and councils.''.
    (b) Reporting Requirements.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit a report on 
        the implementation of the amendments made by this section, 
        including providing all directives, instructions, memoranda, 
        manuals, guidebooks, and other materials relevant to the 
        implementation of the amendments made by this section to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Annual report.--
                    (A) In general.--The Secretary shall submit an 
                annual report on the activities of the Acquisition 
                Review Board and subordinate boards and councils 
                established within the Department for the purpose of 
                Department-wide investment review and acquisition 
                oversight under section 707 of the Homeland Security 
                Act of 2002, as added by this section, including 
                detailed statistics on programs and activities 
                reviewed, to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate; and
                            (ii) the Committee on Homeland Security of 
                        the House of Representatives.
                    (B) Annual financial report.--The report under this 
                paragraph may be included as part of the performance 
                and accountability report submitted by the Department 
                under section 3516(f) of title 31, United States Code.
    (c) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 706 
the following:

``Sec. 707. Department investment review.''.

SEC. 302. REQUIRED CERTIFICATION OF PROJECT MANAGERS FOR LEVEL ONE 
              PROJECTS.

    Not later than 12 months after the date of enactment of this Act, 
the Secretary shall assign to each Level 1 project of the Department 
(as defined by the Acquisition Review Board established under section 
707 of the Homeland Security Act of 2002, as added by this Act) with an 
estimated value of more than $100,000,000 at least 1 project manager 
certified by the Secretary as competent to administer programs of that 
size. The designation of project level and the certification of project 
managers shall be in accordance with the Federal IT Project Manager 
Guidance issued by the Chief Information Officers Council.

SEC. 303. REVIEW AND REPORT ON EAGLE AND FIRST SOURCE CONTRACTS.

    (a) Review.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall review the Enterprise Acquisition Gateway 
for Leading Edge Solutions and First Source contract vehicles and 
determine whether each contract vehicle is cost effective or redundant 
considering all contracts in effect on the date of enactment of this 
Act that are available for multi-agency use. In determining whether a 
contract is cost effective, the Secretary shall consider all direct and 
indirect costs to the Department of awarding and administering the 
contract and the impact the contract will have on the ability of the 
Federal Government to leverage its purchasing power. The Secretary 
shall submit the results of the review to the Administrator of the 
Office of Federal Procurement Policy and the Committees listed in 
subsection (b).
    (b) In General.--On a quarterly basis, the Chief Procurement 
Officer of the Department shall submit a report on contracts awarded 
and orders issued in an amount greater than $1,000,000 by the 
Department under the Enterprise Acquisition Gateway for Leading Edge 
Solutions and First Source contract vehicles to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (2) the Committee on Homeland Security of the House of 
        Representatives.
    (c) Contents.--Each report submitted under this section shall 
contain--
            (1) a description of each contract awarded or order issued 
        by the Department under the Enterprise Acquisition Gateway for 
        Leading Edge Solutions and First Source contract vehicles 
        during the applicable quarter, including the name of the 
        contractor, the estimated cost, and the type of contract or 
        order and, if applicable, the award fee structure;
            (2) for each contract or order described in paragraph (1), 
        a copy of the statement of work;
            (3) for each contract or order described in paragraph (1), 
        an explanation of why other Governmentwide contract vehicles 
        are not suitable to meet the needs of the Department; and
            (4) for any contract or order described in paragraph (1) 
        that is a cost reimbursement or time and materials contract or 
        order, an explanation of why a fixed price arrangement was not 
        an appropriate solution.

SEC. 304. REPORT ON USE OF PERSONAL SERVICES CONTRACTS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall submit a report on the use 
by the Department of the authority granted for procurement of personal 
services under section 832 of the Homeland Security Act of 2002 (6 
U.S.C. 392) to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (2) the Committee on Homeland Security of the House of 
        Representatives.
    (b) Contents.--The report submitted under subsection (a) shall 
include a description of each procurement for temporary or intermittent 
personal services acquired under the authority granted for procurement 
of personal services under section 832 of the Homeland Security Act of 
2002 (6 U.S.C. 392), including the duration of any contract for such 
services.

SEC. 305. PROHIBITION ON USE OF CONTRACTS FOR CONGRESSIONAL AFFAIRS 
              ACTIVITIES.

    The Department may not enter into a contract under which the person 
contracting with the Department will--
            (1) provide responses to requests for information from a 
        Member of Congress or a committee of Congress; or
            (2) prepare written or oral testimony of an officer or 
        employee of the Department in response to a request to appear 
        before Congress.

SEC. 306. SMALL BUSINESS UTILIZATION REPORT.

    (a) Report.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Chief Procurement Officer of the 
        Department shall submit a report regarding the use of small 
        business concerns by the Department to--
                    (A) the Secretary;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Contents.--The report submitted under paragraph (1) 
        shall identify each component of the Department that did not 
        meet the goals for small business participation by the 
        component the previous fiscal year.
    (b) Action Plan.--For a component meeting or exceeding the goals 
for small business participation an action plan is not required. For a 
component not meeting the goals for small business participation, not 
later than 90 days after the date on which the report under subsection 
(a) is submitted, the Chief Procurement Officer of the Department, in 
consultation with the Director of Small and Disadvantaged Business 
Utilization of the Department, shall, for each component develop, 
submit to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives, and begin implementing an action plan, including a 
timetable, for achieving small business participation goals.

SEC. 307. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.

    (a) Establishment.--The Secretary shall establish within the Office 
of Small and Disadvantaged Business Utilization of the Department a 
mentor-protege program.
    (b) Review by Inspector General.--The Inspector General of the 
Department shall conduct a review of the mentor-protege program 
established under this section, which shall include--
            (1) an assessment of the effectiveness of the program under 
        this section;
            (2) identification of any barriers that restrict 
        contractors from participating in the program under this 
        section;
            (3) a comparison of the program under this section with the 
        Department of Defense mentor-protege program; and
            (4) development of recommendations to strengthen the 
        program.

SEC. 308. OTHER TRANSACTION AUTHORITY.

    Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Until September 30, 2008, the 
                Secretary may carry out a pilot program'' and inserting 
                ``If the Secretary issues policy guidance by September 
                30, 2008, detailing the appropriate use of other 
                transaction authority and provides mandatory other 
                transaction training to each employee who has the 
                authority to handle procurements under other 
                transaction authority, the Secretary may, before 
                September 30, 2010, carry out a program''; and
                    (B) in paragraph (1), by striking ``subsection 
                (b)'' and inserting ``subsection (b)(1)'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and realigning 
                such subparagraphs, as so redesignated, so as to be 
                indented 4 ems from the left margin;
                    (B) by striking ``(b) Report.--Not later than 2 
                years'' and inserting the following:
    ``(b) Reports.--
            ``(1) In general.--Not later than 2 years''; and
                    (C) by adding at the end the following:
            ``(2) Annual report on exercise of other transaction 
        authority.--
                    ``(A) In general.--The Secretary shall submit to 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate and the Committee on Homeland 
                Security of the House of Representatives an annual 
                report on the exercise of other transaction authority 
                under subsection (a).
                    ``(B) Content.--The report required under 
                subparagraph (A) shall include the following:
                            ``(i) The technology areas in which 
                        research projects were conducted under other 
                        transaction authority.
                            ``(ii) The extent of the cost-sharing among 
                        Federal and non-Federal sources.
                            ``(iii) The extent to which the use of the 
                        other transaction authority--
                                    ``(I) has contributed to a 
                                broadening of the technology and 
                                industrial base available for meeting 
                                the needs of the Department; and
                                    ``(II) has fostered within the 
                                technology and industrial base new 
                                relationships and practices that 
                                support the national security of the 
                                United States.
                            ``(iv) The total amount of payments, if 
                        any, that were received by the Federal 
                        Government during the fiscal year covered by 
                        the report.
                            ``(v) The rationale for using other 
                        transaction authority, including why grants or 
                        Federal Acquisition Regulation-based contracts 
                        were not used, the extent of competition, and 
                        the amount expended for each such project.''.

SEC. 309. INDEPENDENT VERIFICATION AND VALIDATION.

    (a) Report.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, and semi-annually thereafter, the Chief 
        Procurement Officer of the Department shall submit a report 
        regarding the use of independent verification and validation by 
        the Department to--
                    (A) the Secretary;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Contents.--The report submitted under paragraph (1) 
        shall--
                    (A) identify each program in the Department where 
                independent verification and validation was used and a 
                description of the use;
                    (B) include recommendations for implementing 
                independent verification and validation in future 
                procurements; and
                    (C) for all Level 1 projects of the Department (as 
                defined by the Acquisition Review Board established 
                under section 707 of the Homeland Security Act of 2002, 
                as added by this Act) not using independent 
                verification and validation, provide an explanation of 
                why independent verification and validation was not 
                used.

SEC. 310. STRATEGIC PLAN FOR ACQUISITION WORKFORCE.

    (a) Strategic Plan.--Not later than 6 months after the date of 
enactment of this Act, the Chief Procurement Officer and the Chief 
Human Capital Officer of the Department shall develop and deliver to 
relevant congressional committees a 5-year strategic plan for the 
acquisition workforce of the Department.
    (b) Elements of Plan.--The plan required under subsection (a) 
shall, at a minimum--
            (1) designate, in coordination with the Office of Federal 
        Procurement Policy, positions in the Department that are 
        acquisition positions which--
                    (A) shall include, at a minimum--
                            (i) program management positions;
                            (ii) systems planning, research, 
                        development, engineering, and testing 
                        positions;
                            (iii) procurement, including contracting 
                        positions;
                            (iv) industrial property management 
                        positions;
                            (v) logistics positions;
                            (vi) quality control and assurance 
                        positions;
                            (vii) manufacturing and production 
                        positions;
                            (viii) business, cost estimating, financial 
                        management, and auditing positions;
                            (ix) education, training, and career 
                        development positions;
                            (x) construction positions; and
                            (xi) positions involving joint development 
                        and production with other government agencies 
                        and foreign countries; and
                    (B) may include positions that are in management 
                headquarters activities and in management headquarters 
                support activities and perform acquisition-related 
                functions;
            (2) identify acquisition workforce needs of each component 
        and of units performing Department-wide acquisition functions, 
        including workforce gaps and strategies for filling those gaps;
            (3) include Departmental guidance and policies on the use 
        of contractors to perform acquisition functions;
            (4) describe specific steps for the recruitment, hiring, 
        training, and retention of the workforce identified in 
        paragraph (2); and
            (5) set forth goals for achieving integration and 
        consistency with governmentwide training and accreditation 
        standards, acquisition training tools and training facilities.
    (c) Other Acquisition Positions.--The plan required under 
subsection (a) may provide that the Chief Acquisition Officer or Senior 
Procurement Executive, as appropriate, may designate as acquisition 
positions those additional positions that perform significant 
acquisition-related functions within that component of the Department.
    (d) Relevant Congressional Committees.--For purposes of this 
section, the term ``relevant congressional committees'' means the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives.

SEC. 311. BUY AMERICAN REQUIREMENT; EXCEPTIONS.

    (a) Requirement.--Except as provided in subsections (c) through 
(e), funds appropriated or otherwise available to the Transportation 
Security Administration may not be used for the procurement of an item 
described in subsection (b) if the item is not grown, reprocessed, 
reused, or produced in the United States.
    (b) Covered Items.--An item referred to in subsection (a) is, if 
the item is directly related to the national security interests of the 
United States, an article or item of--
            (1) clothing and the materials and components thereof, 
        other than sensors, electronics, or other items added to, and 
        not normally associated with, clothing (and the materials and 
        components thereof);
            (2) tents, tarpaulins, or covers; or
            (3) cotton and other natural fiber products, woven silk or 
        woven silk blends, spun silk yarn for cartridge cloth, 
        synthetic fabric or coated synthetic fabric (including all 
        textile fibers and yarns that are for use in such fabrics), 
        canvas products, or wool (whether in the form of fiber or yarn 
        or contained in fabrics, materials, or manufactured articles).
    (c) Availability Exception.--Subsection (a) does not apply to the 
extent that the Secretary determines that satisfactory quality and 
sufficient quantity of any such article or item described in subsection 
(b) grown, reprocessed, reused, or produced in the United States cannot 
be procured as and when needed.
    (d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to--
            (1) procurements by vessels in foreign waters; or
            (2) emergency procurements.
    (e) Exception for Small Purchases.--Subsection (a) does not apply 
to purchases for amounts not greater than the threshold for a public 
notice of solicitation described in section 18(a)(1)(A) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 416(a)(1)(A)).
    (f) Applicability to Contracts and Subcontracts for Procurement of 
Commercial Items.--This section shall apply to contracts and 
subcontracts for the procurement of commercial items notwithstanding 
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 
430).
    (g) Geographic Coverage.--In this section, the term ``United 
States'' includes the possessions of the United States.
    (h) Notification Required Within 7 Days After Contract Award if 
Certain Exceptions Applied.--In the case of any contract for the 
procurement of an item described in subsection (b), if the Secretary 
applies an exception set forth in subsection (c) with respect to that 
contract, the Secretary shall, not later than 7 days after the award of 
the contract, post a notification that the exception has been applied 
on the Internet site maintained by the General Services Administration 
know as FedBizOpps.gov (or any successor site).
    (i) Training During Fiscal Year 2008.--
            (1) In general.--The Secretary shall ensure that each 
        member of the acquisition workforce in the Department who 
        participates personally and substantially in the acquisition of 
        textiles on a regular basis receives training during fiscal 
        year 2008 on the requirements of this section and the 
        regulations implementing this section.
            (2) Inclusion of information in new training programs.--The 
        Secretary shall ensure that any training program for the 
        acquisition workforce developed or implemented after the date 
        of enactment of this Act includes comprehensive information on 
        the requirements described in paragraph (1).
    (j) Consistency With International Agreements.--
            (1) In general.--A provision of this section shall not 
        apply to the extent the Secretary, in consultation with the 
        United States Trade Representative, determines that the 
        provision is inconsistent with United States obligations under 
        an international agreement.
            (2) Report.--The Secretary shall submit to Congress a 
        report each year containing, with respect to the year covered 
        by the report--
                    (A) a list of each provision of this section that 
                did not apply during that year pursuant to a 
                determination by the Secretary under paragraph (1); and
                    (B) a list of each contract awarded by the 
                Department during that year without regard to a 
                provision in this section because that provision was 
                made inapplicable pursuant to such a determination.
    (k) Effective Date.--This section applies with respect to contracts 
entered into by or on behalf of the Transportation Security 
Administration after the date of the enactment of this Act.

                     TITLE IV--WORKFORCE PROVISIONS

SEC. 401. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE OFFICE OF 
              INTELLIGENCE AND ANALYSIS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 845 the following:

``SEC. 846. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE OFFICE 
              OF INTELLIGENCE AND ANALYSIS.

    ``(a) Authority To Establish Positions in Excepted Service.--
            ``(1) In general.--With the concurrence of the Director of 
        National Intelligence and in coordination with the Director of 
        the Office of Personnel Management, the Secretary may--
                    ``(A) convert competitive service positions, and 
                the incumbents of such positions, within the Office of 
                Intelligence and Analysis to excepted service positions 
                as the Secretary determines necessary to carry out the 
                intelligence functions of the Department; and
                    ``(B) establish new positions within the Office of 
                Intelligence and Analysis in the excepted service, if 
                the Secretary determines such positions are necessary 
                to carry out the intelligence functions of the 
                Department.
            ``(2) Classification and pay ranges.--In coordination with 
        the Director of National Intelligence, the Secretary may 
        establish the classification and ranges of rates of basic pay 
        for any position converted under paragraph (1)(A) or 
        established under paragraph (1)(B), notwithstanding otherwise 
        applicable laws governing the classification and rates of basic 
        pay for such positions.
            ``(3) Appointment and compensation.--The Secretary may 
        appoint individuals for service in positions converted under 
        paragraph (1)(A) or established under paragraph (1)(B) without 
        regard to the provisions of chapter 33 of title 5, United 
        States Code, governing appointments in the competitive service, 
        and to fix the compensation of such individuals within the 
        applicable ranges of rates of basic pay established under 
        paragraph (2).
            ``(4) Maximum rate of basic pay.--The maximum rate of basic 
        pay the Secretary may establish under this subsection is the 
        rate for level III of the Executive Schedule under section 5314 
        of title 5, United States Code.
    ``(b) Extension of Flexible Personnel Management Authorities.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `compensation authority'--
                            ``(i) means authority involving basic pay 
                        (including position classification), premium 
                        pay, awards, bonuses, incentives, allowances, 
                        differentials, student loan repayments, and 
                        special payments; and
                            ``(ii) shall not include--
                                    ``(I) authorities relating to 
                                benefits such as leave, severance pay, 
                                retirement, and insurance;
                                    ``(II) authority to grant a rank 
                                award by the President under section 
                                4507, 4507a, or 3151(c) of title 5, 
                                United States Code, or any other 
                                provision of law; or
                                    ``(III) compensation authorities 
                                and performance management authorities 
                                provided under provisions of law 
                                relating to the Senior Executive 
                                Service; and
                    ``(B) the term `intelligence community' has the 
                meaning given under section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)).
            ``(2) In general.--Notwithstanding any other provision of 
        law, in order to ensure the equitable treatment of employees 
        across the intelligence community, the Secretary, with the 
        concurrence of the Director of National Intelligence, or for 
        those matters that fall under the responsibilities of the 
        Office of Personnel Management under statute or executive 
        order, in coordination with the Director of the Office of 
        Personnel Management, may authorize the Office of Intelligence 
        and Analysis to adopt compensation authority, performance 
        management authority, and scholarship authority that have been 
        authorized for another element of the intelligence community if 
        the Secretary and the Director of National Intelligence--
                    ``(A) determine that the adoption of such authority 
                would improve the management and performance of the 
                intelligence community; and
                    ``(B) not later than 60 days before such authority 
                is to take effect, submit notice of the adoption of 
                such authority by the Office of Intelligence and 
                Analysis, including the authority to be so adopted, and 
                an estimate of the costs associated with the adoption 
                of such authority to--
                            ``(i) the Committee on Homeland Security 
                        and Governmental Affairs and the Select 
                        Committee on Intelligence of the Senate; and
                            ``(ii) the Committee on Homeland Security 
                        and the Permanent Select Committee on 
                        Intelligence of the House of Representatives.
            ``(3) Equivalent application of compensation authority.--To 
        the extent that a compensation authority within the 
        intelligence community is limited to a particular category of 
        employees or a particular situation, the authority may be 
        adopted by the Office of Intelligence and Analysis under this 
        subsection only for employees in an equivalent category or in 
        an equivalent situation.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 845 
the following:

``Sec. 846. 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.

    (a) Definition.--In this section, the term ``employee'' has the 
meaning given under section 2105 of title 5, United States Code.
    (b) Authority.--The Secretary may make appointments to a position 
described under subsection (c) without regard to the provisions of 
subchapter I of chapter 33 of title 5, United States Code, other than 
sections 3303 and 3328 of such title.
    (c) Positions.--This section applies with respect to any scientific 
or engineering position within the Science and Technology Directorate 
which requires an advanced degree.
    (d) Limitation.--
            (1) In general.--Authority under this section may not, in 
        any calendar year and with respect to any laboratory, be 
        exercised with respect to a number of positions greater than 
        the number equal to 2 percent of the total number of positions 
        within such laboratory that are filled as of the end of the 
        most recent fiscal year before the start of such calendar year.
            (2) Full-time equivalent basis.--For purposes of this 
        subsection, positions shall be counted on a full-time 
        equivalent basis.
    (e) Termination.--The authority to make appointments under this 
section shall terminate on January 1, 2014.

SEC. 403. APPOINTMENT OF THE CHIEF HUMAN CAPITAL OFFICER BY THE 
              SECRETARY OF HOMELAND SECURITY.

    Section 103(d) of the Homeland Security Act of 2002 (6 U.S.C. 
113(d)) is amended--
            (1) by striking paragraph (3); and
            (2) redesignating paragraphs (4) and (5) as paragraphs (3) 
        and (4), respectively.

SEC. 404. PLAN TO IMPROVE REPRESENTATION OF MINORITIES IN VARIOUS 
              CATEGORIES OF EMPLOYMENT.

    (a) Representation of Minorities.--
            (1) In general.--The Department shall implement policies 
        and procedures Department-wide in accordance with section 717 
        of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and 
        section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).
            (2) Terms.--In this section, the terms defined in section 
        7201(a) of title 5, United States Code, have the meanings given 
        such terms in that section 7201(a).
    (b) Plan for Improving Representation of Minorities.--
            (1) In general.--
                    (A) Submission of plan.--Not later than 90 days 
                after the date of enactment of this Act, the Chief 
                Human Capital Officer of the Department shall submit a 
                plan to achieve the objective of addressing any 
                underrepresentation of minorities in the various 
                categories of civil service employment within the 
                Department to--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (ii) the Committee on Homeland Security and 
                        the Committee on Oversight and Government 
                        Reform of the House of Representatives; and
                            (iii) the Comptroller General of the United 
                        States.
                    (B) Contents.--The plan submitted under this 
                subsection shall identify and describe--
                            (i) any barriers to achieving the objective 
                        described under subparagraph (A); and
                            (ii) the strategies and measures to 
                        overcome such barriers.
            (2) Determination by equal employment opportunity 
        commission.--In consultation with the Office of Personnel 
        Management, the Equal Employment Opportunity Commission shall 
        make the determination of the number of members of a minority 
        group for purposes of applying definitions under section 
        7201(a) of title 5, United States Code, in this section.
    (c) Assessments.--Not later than 1 year after the date on which 
Chief Human Capital Officer submits the plan under subsection (b), the 
Comptroller General of the United States shall assess--
            (1) any programs and other measures currently being 
        implemented to achieve the objective described under subsection 
        (b)(1); and
            (2) the likelihood that the plan will allow the Department 
        to achieve such objective.

SEC. 405. OFFICE OF THE CHIEF LEARNING OFFICER.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 707 the following:

``SEC. 708. CHIEF LEARNING OFFICER.

    ``(a) Establishment.--There is established within the Department an 
Office of the Chief Learning Officer.
    ``(b) Chief Learning Officer.--The Chief Learning Officer shall be 
the head of the Office of the Chief Learning Officer.
    ``(c) Responsibilities.--The responsibilities of the Chief Learning 
Officer shall include--
            ``(1) establishing a Learning and Development strategy for 
        the Department, and managing the implementation of that 
        strategy;
            ``(2) managing the Department of Homeland Security 
        University System;
            ``(3) coordinating with the components of the Department to 
        ensure that training and education activities at the component 
        level are consistent, as appropriate, with the objectives of 
        the Learning and Development strategy;
            ``(4) identifying training and education requirements 
        throughout the Department for career fields not otherwise 
        managed by another office or component of the Department as 
        directed by statute;
            ``(5) filling gaps in training and education through 
        analysis and creation of courses or programs;
            ``(6) coordinating with the Administrator of the Federal 
        Emergency Management Agency on activities under section 845;
            ``(7) ensuring that training and education programs and 
        activities are adequately publicized to Department employees 
        and to other stakeholders, including other Federal, State, 
        local and tribal officials, as appropriate; and
            ``(8) other responsibilities, as directed by the 
        Secretary.''.
    (b) Learning and Development Strategy.--Not later than 15 days 
after the date of enactment of this Act, the Department shall publish 
the Department of Homeland Security Learning and Development strategy, 
dated September 28, 2007, on the Department website.
    (c) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 
amended by inserting after the item relating to section 707 the 
following:

``Sec. 708. Chief Learning Officer.''.

SEC. 406. EXTENSION OF RELOCATION EXPENSES TEST PROGRAMS.

    (a) In General.--Section 5739(e) of title 5, United States Code, is 
amended by striking ``11 years'' and inserting ``14 years''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as though enacted as part of the Travel and Transportation 
Reform Act of 1998 (Public Law 105-264; 112 Stat. 2355).

        TITLE V--INTELLIGENCE AND INFORMATION-SHARING PROVISIONS

SEC. 501. FULL AND EFFICIENT USE OF OPEN SOURCE INFORMATION.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the 
following:

``SEC. 210F. FULL AND EFFICIENT USE OF OPEN SOURCE INFORMATION.

    ``(a) Definition of Open Source Information.--In this section, the 
term `open source information' means publicly available information 
that can be lawfully obtained by a member of the public by request, 
purchase, or observation.
    ``(b) Responsibilities of Secretary.--In coordination with the 
Assistant Deputy Director of National Intelligence for Open Source and 
the Director of National Intelligence, the Secretary shall establish an 
open source collection, analysis, and dissemination program within the 
Office of Intelligence and Analysis. The program shall make full and 
efficient use of open source information to develop and disseminate 
open source alerts, warnings, and other intelligence products relating 
to the mission of the Department.
    ``(c) Intelligence Analysis.--The Secretary shall ensure that the 
Department makes full and efficient use of open source information in 
carrying out paragraphs (1) and (2) of section 201(d).
    ``(d) Dissemination.--The Secretary shall make open source 
information of the Department available to appropriate officers of the 
Federal Government, State, local, and tribal governments, and private-
sector entities, using systems and networks for the dissemination of 
homeland security information.
    ``(e) Protection of Privacy.--
            ``(1) Compliance with other laws.--The Secretary shall 
        ensure that the manner in which open source information is 
        gathered and disseminated by the Department complies with 
        section 552a of title 5, United States Code (commonly referred 
        to as the Privacy Act of 1974), provisions of law enacted by 
        the E-Government Act of 2002 (Public Law 107-347), and all 
        other relevant Federal laws.
            ``(2) Description in annual report by privacy officer.--The 
        Privacy Officer of the Department shall include in the annual 
        report submitted to Congress under section 222 an assessment of 
        compliance by Federal departments and agencies with the laws 
        described in paragraph (1), as they relate to the use of open 
        source information.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. et seq.) is 
amended by inserting after the item relating to section 210E the 
following:

``Sec. 210F. Full and efficient use of open source information.''.

SEC. 502. AUTHORIZATION OF INTELLIGENCE ACTIVITIES.

    (a) In General.--Funds authorized or made available by this Act for 
intelligence activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414) during fiscal years 2008 and 2009.
    (b) Rule of Construction.--The authorization of appropriations by 
this Act shall not be deemed to constitute authority for the conduct of 
any intelligence activity which is not otherwise authorized by the 
Constitution or the laws of the United States.

SEC. 503. UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS TECHNICAL 
              CORRECTION.

    Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 
113(a)) is amended--
            (1) by redesignating paragraphs (9) and (10) as paragraphs 
        (10) and (11), respectively; and
            (2) by inserting after paragraph (8) the following:
            ``(9) An Under Secretary for Intelligence and Analysis.''.

    TITLE VI--CYBER SECURITY INFRASTRUCTURE PROTECTION IMPROVEMENTS

SEC. 601. NATIONAL CYBER SECURITY DIVISION.

    (a) In General.--Subtitle C of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the 
following:

``SEC. 226. NATIONAL CYBER SECURITY DIVISION.

    ``(a) Definitions.--In this section--
            ``(1) the term `critical information infrastructure' means 
        a system or asset, whether physical or virtual, used in 
        processing, transferring, and storing information so vital to 
        the United States that the incapacity or destruction of such 
        system or asset would have a debilitating impact on security, 
        national economic security, or national public health or 
        safety; and
            ``(2) the term `Division' means the National Cyber Security 
        Division.
    ``(b) Establishment.--There shall be within the Office of the 
Assistant Secretary for Cyber Security and Communications a National 
Cyber Security Division.
    ``(c) Responsibilities.--
            ``(1) In general.--The Division shall be responsible for 
        overseeing preparation, situational awareness, response, 
        reconstitution, and mitigation necessary for cyber security, 
        including--
                    ``(A) establishing and maintaining a capability 
                within the Department to identify threats to critical 
                information infrastructure to aid in detection of 
                vulnerabilities and warning of potential acts of 
                terrorism and other attacks;
                    ``(B) establishing and maintaining a capability to 
                share useful, timely information regarding cyber 
                vulnerabilities, threats, and attacks with officers of 
                the Federal Government and State and local governments, 
                the private sector, and the general public;
                    ``(C) conducting comprehensive risk assessments on 
                critical information infrastructure with respect to 
                acts of terrorism and other large-scale disruptions, 
                identifying and prioritizing vulnerabilities in non-
                Federal critical information infrastructure, and 
                coordinating the mitigation of such vulnerabilities;
                    ``(D) coordinating with the Assistant Secretary for 
                Infrastructure Protection to ensure that cyber security 
                is appropriately addressed in carrying out the 
                infrastructure protection responsibilities described in 
                section 201(d);
                    ``(E) developing, with input from the owners and 
                operators of relevant assets and systems, a plan for 
                the continuation of critical information operations in 
                the event of a cyber attack or other large-scale 
                disruption of the information infrastructure of the 
                United States;
                    ``(F) defining what qualifies as a cyber incident 
                of national significance for purposes of the National 
                Response Plan or any successor plan prepared under 
                section 504(a)(6);
                    ``(G) ensuring that the priorities, procedures, and 
                resources of the Department are in place to 
                reconstitute critical information infrastructures in 
                the event of an act of terrorism or other large-scale 
                disruption of such infrastructures;
                    ``(H) developing, in coordination with the National 
                Cyber Security Center, a national cyber security 
                awareness, training, and education program that 
                promotes cyber security awareness within the Federal 
                Government and throughout the Nation; and
                    ``(I) consulting and coordinating with the Under 
                Secretary for Science and Technology on cyber security 
                research and development to strengthen critical 
                information infrastructure against acts of terrorism 
                and other large-scale disruptions.
            ``(2) Staffing.--The Division shall establish a capability 
        to attract and retain qualified information technology experts 
        at the Department to help analyze cyber threats and 
        vulnerabilities.
            ``(3) Federal network security.--The Division, in 
        coordination with the National Cyber Security Center, shall 
        monitor, consistent with the Constitution and other applicable 
        laws of the United States, network traffic for all Federal 
        civilian departments and agencies to determine any potential 
        cyber incidents or vulnerabilities.
            ``(4) Collaboration.--
                    ``(A) In general.--Wherever possible, the Division 
                shall work collaboratively with relevant members of the 
                private sector, academia, other cyber security experts, 
                and officers of the Federal Government and State, 
                local, and tribal governments in carrying out the 
                responsibilities under this subsection.
                    ``(B) Single contact.--The Division shall provide a 
                single Federal Government contact for State, local, and 
                tribal governments and academia and other private 
                sector entities to exchange information and work 
                collaboratively regarding the security of critical 
                information infrastructure.''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 225 the following:

``Sec. 226. National Cyber Security Division.''.

SEC. 602. NATIONAL CYBER SECURITY CENTER.

    (a) In General.--Subtitle C of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 141 et seq.), as amended by section 601 of this 
Act, is amended by adding at the end the following:

``SEC. 227. NATIONAL CYBER SECURITY CENTER.

    ``(a) Definitions.--In this section--
            ``(1) the term `agency'--
                    ``(A) means any executive department, military 
                department, Government corporation, Government 
                controlled corporation, or other establishment in the 
                executive branch of the Government (including the 
                Executive Office of the President), or any independent 
                regulatory agency; and
                    ``(B) does not include the governments of the 
                District of Columbia and of the territories and 
                possessions of the United States and their various 
                subdivisions;
            ``(2) the term `Director' means the Director of the 
        National Cyber Security Center;
            ``(3) the term `Federal information infrastructure' means 
        the information infrastructure that is operated by an agency; 
        and
            ``(4) the term `information infrastructure' means the 
        underlying framework that information systems and assets rely 
        on in processing, transmitting, receiving, or storing 
        information electronically.
    ``(b) Establishment.--There is established within the Department a 
National Cyber Security Center.
    ``(c) Director.--
            ``(1) Establishment and appointment.--There is a Director 
        of the National Cyber Security Center, who shall be--
                    ``(A) the head of the National Cyber Security 
                Center;
                    ``(B) a member of the Chief Information Officers 
                Council; and
                    ``(C) appointed by the President, by and with the 
                advice and consent of the Senate.
            ``(2) Qualifications.--The Director shall have significant 
        expertise in matters relating to the security of information 
        technology systems or other relevant experience.
            ``(3) Limitation on service.--The individual serving as the 
        Director may not, while so serving, serve in any other capacity 
        in the Federal Government, except to the extent that the 
        individual serving as Director is doing so in an acting 
        capacity.
            ``(4) Supervision.--The Director shall report to--
                    ``(A) the President on matters relating to the 
                interagency missions described in subparagraph (B), 
                (C), or (E) of subsection (e)(1); and
                    ``(B) the Secretary on all other matters, without 
                being required to report through any other official of 
                the Department.
    ``(d) Deputy Directors.--
            ``(1) Establishment and appointment.--There are 2 Deputy 
        Directors of the National Cyber Security Center, who shall 
        report to the Director.
            ``(2) Detailee and employee.--
                    ``(A) Detailee.--The Director shall enter into a 
                memorandum of understanding with the Director of 
                National Intelligence for the assignment of an employee 
                of the intelligence community (as defined in section 
                3(4) of the National Security Act of 1947 (50 U.S.C. 
                401a(4))) with relevant experience to work at the 
                National Cyber Security Center as a Deputy Director.
                    ``(B) Employee.--One Deputy Director shall be a 
                permanent employee of the Department and a member of 
                the Senior Executive Service.
    ``(e) Primary Missions.--
            ``(1) In general.--The primary missions of the National 
        Cyber Security Center shall be to--
                    ``(A) coordinate and integrate information to--
                            ``(i) provide cross-domain situational 
                        awareness; and
                            ``(ii) analyze and report on the composite 
                        state of the Federal information 
                        infrastructure;
                    ``(B) unify strategy for the security of the 
                Federal information infrastructure;
                    ``(C) coordinate the development of interagency 
                plans in response to an incident of national 
                significance relating to the security of the Federal 
                information infrastructure;
                    ``(D) coordinate in conjunction with the Director 
                of the Office of Management and Budget the development 
                of uniform standards and guidelines under section 20 of 
                the National Institute of Standards and Technology Act 
                (15 U.S.C. 278g-3);
                    ``(E) develop performance measures to evaluate the 
                security of the Federal information infrastructure; and
                    ``(F) ensure, in coordination with the Privacy 
                Office and the Office for Civil Rights and Civil 
                Liberties, that all policies and procedures for 
                securing the Federal information infrastructure comply 
                with all applicable policies, regulations, and laws 
                protecting the privacy and civil liberties of 
                individuals.
            ``(2) Awareness of security status.--The National Cyber 
        Security Center shall establish electronic connections to 
        ensure timely awareness of the security status of the 
        information infrastructure and overall United States Cyber 
        Networks and Systems with--
                    ``(A) the United States Computer Emergency 
                Readiness Team;
                    ``(B) the National Security Agency Threat 
                Operations Center;
                    ``(C) the Joint Task Force-Global Network 
                Operations;
                    ``(D) the Department of Defense Cyber Crime Center;
                    ``(E) the National Cyber Investigative Joint Task 
                Force;
                    ``(F) the Intelligence Community Incident Response 
                Center;
                    ``(G) any other agency identified by the Director, 
                with the concurrence of the head of that agency; and
                    ``(H) any other nongovernmental organization 
                identified by the Director, with the concurrence of the 
                owner or operator of that organization.
    ``(f) Authorities of the Director.--
            ``(1) Access to information.--Unless otherwise directed by 
        the President--
                    ``(A) the Director shall access, receive, and 
                analyze law enforcement information, intelligence 
                information, terrorism information (as defined in 
                section 1016 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (6 U.S.C. 485)), and other 
                information as determined by the Director, relevant to 
                the security of the Federal information infrastructure 
                from agencies of the Federal Government, State, and 
                local government agencies (including law enforcement 
                agencies), and as appropriate, private sector entities 
                related to the security of Federal information 
                infrastructure; and
                    ``(B) any agency in possession of law enforcement 
                information, intelligence information, and terrorism 
                information (as defined in section 1016 of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 485)) relevant to the security of the 
                Federal information infrastructure shall provide that 
                information to the Director in a timely manner.
            ``(2) Breach of any government information technology 
        system.--Unless otherwise directed by the President, upon 
        notification or detection of any act or omission by any person 
        or entity that substantially jeopardizes the security of the 
        Federal information infrastructure, the entities described 
        under subsection (e)(2) shall immediately inform the Director 
        of such act or omission.
            ``(3) Development of budgets.--Based on standards and 
        guidelines developed under subsection (e)(1)(D) and any other 
        relevant information, the Director shall--
                    ``(A) provide to the head of each agency that 
                operates a Federal computer system, guidance for 
                developing the budget pertaining to the information 
                security activities of each agency;
                    ``(B) provide such guidance to the Director of the 
                Office of Management and Budget who shall, to the 
                maximum extent practicable, ensure that each agency 
                budget conforms with such guidance;
                    ``(C) regularly evaluate each agency budget to 
                determine if that budget is adequate to meet the 
                performance measures established under subsection 
                (e)(1)(E); and
                    ``(D) provide copies of that evaluation to--
                            ``(i) the head of each relevant agency;
                            ``(ii) the Director of the Office of 
                        Management and Budget;
                            ``(iii) the Committee on Appropriations of 
                        the Senate;
                            ``(iv) the Committee on Appropriations of 
                        the House of Representatives;
                            ``(v) the Committee on Homeland Security 
                        and Governmental Affairs of the Senate;
                            ``(vi) the Committee on Oversight and 
                        Government Reform of the House of 
                        Representatives; and
                            ``(vii) and the Committee on Homeland 
                        Security of the House of Representatives.
            ``(4) Review and inspection.--
                    ``(A) In general.--The Director may--
                            ``(i) review the enterprise architecture, 
                        acquisition plans, contracts, policies, and 
                        procedures of any agency relevant to the 
                        information security of the Federal information 
                        infrastructure; and
                            ``(ii) physically inspect any facility to 
                        determine if the performance measures 
                        established by the National Cyber Security 
                        Center have been satisfied.
                    ``(B) Remedial measures.--If the Director 
                determines, through review, inspection, or audit, that 
                the applicable security performance measures have not 
                been satisfied, the Director, in coordination with the 
                Director of the Office of Management and Budget, may 
                recommend remedial measures to be taken to prevent any 
                damage, loss of information, or other threat to 
                information security as a result of the failure to 
                satisfy the applicable performance measures. Such 
                measures shall be implemented or the head of the agency 
                shall certify that, and explain how, the identified 
                vulnerability has been mitigated.
            ``(5) Operational evaluations.--Unless otherwise directed 
        by the President, the Director, in coordination with the 
        Director of the National Security Agency, shall support 
        strategic planning for the operational evaluation of the 
        security of the Federal information infrastructure. Such 
        planning may include the determination of objectives to be 
        achieved, tasks to be performed, interagency coordination of 
        operational activities, and the assignment of roles and 
        responsibilities, but the Director shall not, unless otherwise 
        directed by the Secretary, direct the execution of operational 
        evaluations.
            ``(6) Information sharing.--The Director shall provide 
        information to the Director of the National Cyber Security 
        Division on potential vulnerabilities, attacks, and 
        exploitations of the Federal information infrastructure to the 
        extent that such information might assist State, local, tribal, 
        private, and other entities in securing their own information 
        systems.
    ``(g) Reports.--
            ``(1) In general.--Not less than once in each calendar 
        year, the National Cyber Security Center shall submit a report 
        to Congress.
            ``(2) Contents.--
                    ``(A) In general.--Each report submitted under this 
                subsection shall include--
                            ``(i) a general assessment of the security 
                        of the information technology infrastructure of 
                        the Federal Government;
                            ``(ii) a description of the activities of 
                        the National Cyber Security Center in the 
                        preceding year;
                            ``(iii) a description of all 
                        vulnerabilities, attacks, and exploitations of 
                        Federal Government information technology 
                        infrastructure in the preceding year and 
                        actions taken in response; and
                            ``(iv) an assessment of the amount and 
                        frequency of information shared with the Center 
                        by the entities described under subsection 
                        (e)(2).
                    ``(B) Classified annex.--To the extent that any 
                information in a report submitted under this subsection 
                is classified, the report may include a classified 
                annex.
    ``(h) Rule of Construction.--Nothing in this section shall be 
construed to create any new authority to collect, maintain, or 
disseminate personally identifiable information concerning United 
States citizens.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $30,000,000 for fiscal year 2009; and
            ``(2) such sums as necessary for each of fiscal years 2010, 
        2011, 2012, and 2013.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 226, 
as added by section 601 of this Act, the following:

``Sec. 227. National Cyber Security Center.''.

SEC. 603. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT FOR CYBER 
              SECURITY POSITIONS IN THE DEPARTMENT.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 846, as added by section 
401 of this Act, the following:

``SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT FOR CYBER 
              SECURITY POSITIONS AT THE DEPARTMENT.

    ``(a) In General.--With the concurrence of the Director of the 
National Cyber Security Center or the Assistant Secretary for Cyber 
Security and Communications, as appropriate, and in coordination with 
the Director of the Office of Personnel Management, the Secretary may 
establish new positions within the National Cyber Security Center and 
the National Cyber Security Division in the excepted service, if the 
Secretary determines such positions are necessary to carry out the 
cyber security functions of the Department.
    ``(b) Classification and Pay Ranges.--In coordination with the 
Director of the National Cyber Security Center and the Assistant 
Secretary for Cyber Security and Communications, the Secretary may 
establish the classification and ranges of rates of basic pay for any 
position established under subsection (a), notwithstanding otherwise 
applicable laws governing the classification and rates of basic pay for 
such positions.
    ``(c) Appointment and Compensation.--The Secretary may appoint 
individuals for service in positions established under subsection (a) 
without regard to the provisions of chapter 33 of title 5, United 
States Code, governing appointments in the competitive service, and to 
fix the compensation of such individuals within the applicable ranges 
of rates of basic pay established under subsection (b).
    ``(d) Maximum Rate of Basic Pay.--The maximum rate of basic pay the 
Secretary may establish under this section is the rate for level III of 
the Executive Schedule under section 5314 of title 5, United States 
Code.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 846, 
as added by section 401 of this Act, the following:

``Sec. 847. Authority for flexible personnel management for cyber 
                            security positions at the department.''.

SEC. 604. CYBER THREAT.

    (a) Definition.--In this section, the term ``critical 
infrastructure'' has the meaning given that term in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101).
    (b) Sharing of Cyber Threat Information.--The Inspector General of 
the Department, in coordination with the Inspector General of the 
Office of the Director of National Intelligence, shall--
            (1) assess the sharing of cyber threat information, 
        including--
                    (A) how cyber threat information, including 
                classified information, is shared with the owners and 
                operators of United States critical infrastructure;
                    (B) the mechanisms by which classified cyber threat 
                information is distributed; and
                    (C) the effectiveness of the sharing of cyber 
                threat information; and
            (2) not later than 180 days after the date of enactment of 
        this Act, submit a report regarding the assessment under 
        paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.
    (c) Cyber Threat Assessment.--The Secretary, in coordination with 
the Director of National Intelligence, shall--
            (1) perform a comprehensive, up-to-date assessment of the 
        cyber threat to critical infrastructure, including threats to 
        electric power command and control systems in the United 
        States; and
            (2) not later than 180 days after the date of enactment of 
        this Act, submit a report regarding the assessment under 
        paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives.

SEC. 605. CYBER SECURITY RESEARCH AND DEVELOPMENT.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following:

``SEC. 318. CYBER SECURITY RESEARCH AND DEVELOPMENT.

    ``(a) Establishment of Research and Development Program.--The Under 
Secretary for Science and Technology, in coordination with the 
Assistant Secretary for Cyber Security and Communications and the 
Director of the National Cyber Security Center, shall carry out a 
research and development program for the purpose of improving the 
security of information systems.
    ``(b) Eligible Projects.--The research and development program 
under this section may include projects to--
            ``(1) advance the development and accelerate the deployment 
        of more secure versions of fundamental Internet protocols and 
        architectures, including for the domain name system and routing 
        protocols;
            ``(2) improve and create technologies for detecting attacks 
        or intrusions, including monitoring technologies;
            ``(3) improve and create mitigation and recovery 
        methodologies, including techniques for containment of attacks 
        and development of resilient networks and systems that degrade 
        gracefully;
            ``(4) develop and support infrastructure and tools to 
        support cyber security research and development efforts, 
        including modeling, testbeds, and data sets for assessment of 
        new cyber security technologies;
            ``(5) assist the development and support of technologies to 
        reduce vulnerabilities in process control systems;
            ``(6) test, evaluate, and facilitate the transfer of 
        technologies associated with the engineering of less vulnerable 
        software and securing the information technology software 
        development lifecycle; and
            ``(7) address other vulnerabilities and risks identified by 
        the Secretary.
    ``(c) Coordination With Other Research Initiatives.--The Under 
Secretary for Science and Technology--
            ``(1) shall ensure that the research and development 
        program is consistent with the National Strategy to Secure 
        Cyberspace, or any succeeding strategy;
            ``(2) shall, to the extent practicable, coordinate the 
        research and development activities of the Department with 
        other ongoing research and development security-related 
        initiatives, including research being conducted by--
                    ``(A) the National Institutes of Standards and 
                Technology;
                    ``(B) the National Academy of Sciences;
                    ``(C) other Federal departments and agencies; and
                    ``(D) other Federal and private research 
                laboratories, research entities, and universities and 
                institutions of higher education;
            ``(3) shall carry out any research and development project 
        authorized by this section through a reimbursable agreement 
        with an appropriate Federal agency, if the agency--
                    ``(A) is sponsoring a research and development 
                project in a similar area; or
                    ``(B) has a unique facility or capability that 
                would be useful in carrying out the project; and
            ``(4) may award grants, or enter into cooperative 
        agreements, contracts, other transactions, or reimbursable 
        agreements to the entities described in paragraph (2).
    ``(d) Privacy and Civil Rights and Civil Liberties Issues.--
            ``(1) Consultation.--In carrying out research and 
        development projects under this section, the Secretary shall 
        consult with the Privacy Officer of the Department and the 
        Officer for Civil Rights and Civil Liberties of the Department.
            ``(2) Privacy impact assessments.--In accordance with 
        sections 222 and 705, the Privacy Officer shall conduct privacy 
        impact assessments and the Officer for Civil Rights and Civil 
        Liberties shall conduct reviews, as appropriate, for research 
        and development initiatives developed under this section that 
        the Secretary determines could have an impact on privacy, civil 
        rights, or civil liberties.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--From funds appropriated under section 
        114(w) of title 49, United States Code, there shall be made 
        available to the Secretary to carry out this section 
        $50,000,000 for each fiscal year 2009 through 2012.
            ``(2) Availability of funds.--Funds appropriated pursuant 
        to the authorization under this subsection shall remain 
        available until expended.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 317 
the following:

``Sec. 318. Cyber security research and development.''.

SEC. 606. COMPREHENSIVE NATIONAL CYBER SECURITY INITIATIVE.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary, in coordination with the Director of National Intelligence, 
shall submit a report containing comprehensive and detailed program and 
budget information and delineating plans for and linking expenditures 
to the goals of the Comprehensive National Cyber Security Initiative, 
as described in National Security Policy Directive 54/Homeland Security 
Policy Directive 23 signed by the President on January 8, 2008, as 
modified by the President under this Act and the amendments made by 
this Act, including implementation guidance and personnel recruiting, 
retention, and assignment goals to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (2) the Committee on Homeland Security of the House of 
        Representatives.

SEC. 607. NATIONAL CYBER SECURITY PRIVATE SECTOR ADVISORY BOARD.

    (a) Definition.--In this section, the term ``Board'' means the 
National Cyber Security Private Sector Advisory Board established under 
subsection (b).
    (b) Establishment.--There is established the National Cyber 
Security Private Sector Advisory Board.
    (c) Functions.--
            (1) In general.--The Board shall provide advice and comment 
        to the Secretary on--
                    (A) the cyber security standards, practices, and 
                policies of the Department;
                    (B) the state of security of information technology 
                infrastructure in the United States; and
                    (C) any other issue relating to cyber security that 
                the members of the Board determine is relevant.
            (2) The federal advisory committee act.--The Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Board.
    (d) Chairperson.--
            (1) In general.--The chairperson of the Board shall be the 
        Secretary.
            (2) Delegation.--Through the Secretary, the Board shall 
        provide advice to both the National Cyber Security Division and 
        the National Cyber Security Center. The chairpersonship of the 
        Board shall not be delegated solely to 1 of these entities.
    (e) Vice Chairperson.--The vice chairperson of the Board shall be 
selected from among the private sector members of the Private-Sector 
Advisory Board by means determined by the members of the Board.
    (f) Members.--The Board shall be composed of academics, business 
leaders, and other nongovernment individuals with relevant expertise in 
the area of cyber security appointed by the Secretary.
    (g) Meetings.--The Board shall meet not less than twice each 
calendar year.

SEC. 608. INFRASTRUCTURE PROTECTION.

    Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is 
amended--
            (1) in subsection (b)(3), by adding at the end the 
        following: ``The Assistant Secretary for Infrastructure 
        Protection shall report to the Under Secretary with 
        responsibility for overseeing critical infrastructure 
        protection established in section 103(a)(8).''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (2) through (25) as 
                paragraphs (3) through (26), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) To promote, prioritize, coordinate, and plan for the 
        protection, security, resiliency, and postdisaster restoration 
        of critical infrastructure and key resources of the United 
        States against or in the event of an act of terrorism, natural 
        disaster, or other manmade disaster, in coordination with other 
        agencies of the Federal Government and in cooperation with 
        State and local government agencies and authorities, the 
        private sector, and other entities.'';
                    (C) in paragraph (6), as so redesignated--
                            (i) by inserting ``, implement, and 
                        coordinate'' after ``develop''; and
                            (ii) by inserting ``, in partnership with 
                        the private sector,'' after ``comprehensive 
                        national plan'';
                    (D) in paragraph (7), as so redesignated, by 
                inserting ``and facilitate the implementation of'' 
                after ``recommend''; and
                    (E) in paragraph (9), as so redesignated, by 
                inserting ``, including owners and operators of 
                critical infrastructure, in a timely and effective 
                manner'' after ``such responsibilities''.

 TITLE VII--BIOLOGICAL, MEDICAL, AND SCIENCE AND TECHNOLOGY PROVISIONS

SEC. 701. CHIEF MEDICAL OFFICER AND OFFICE OF HEALTH AFFAIRS.

    Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is 
amended to read as follows:

``SEC. 516. CHIEF MEDICAL OFFICER.

    ``(a) In General.--There is in the Department an Office of Health 
Affairs, which shall be headed by a Chief Medical Officer, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. The Chief Medical Officer shall also have the title of 
Assistant Secretary for Health Affairs.
    ``(b) Qualifications.--The individual appointed as the Chief 
Medical Officer shall possess a demonstrated ability in and knowledge 
of medicine and public health.
    ``(c) Responsibilities.--
            ``(1) In general.--The Chief Medical Officer shall have the 
        primary responsibility within the Department for medical and 
        public health issues relating to the mission and operations of 
        the Department, including medical and public health issues 
        relating to natural disasters, acts of terrorism, and other 
        man-made disasters.
            ``(2) Specific responsibilities.--The responsibilities of 
        the Chief Medical Officer shall include--
                    ``(A) serving as the principal advisor to the 
                Secretary and the Administrator on the medical care, 
                public health, and agrodefense responsibilities of the 
                Department;
                    ``(B) providing oversight of all medically related 
                actions and of protocols of the medical personnel of 
                the Department;
                    ``(C) administering the responsibilities of the 
                Department for medical readiness, including providing 
                guidance to support State and local training, 
                equipment, and exercises funded by the Department;
                    ``(D) serving as the primary point of contact in 
                the Department with the Department of Agriculture, the 
                Department of Defense, the Department of Health and 
                Human Services, the Department of Transportation, the 
                Department of Veterans Affairs, and other Federal 
                departments and agencies, on medical and public health 
                matters;
                    ``(E) serving as the primary point of contact in 
                the Department for State, local, and tribal 
                governments, the medical community, and the private 
                sector, with respect to medical and public health 
                matters;
                    ``(F) coordinating the biodefense and 
                biosurveillance activities of the Department, including 
                managing the National Biosurveillance Integration 
                Center under section 316;
                    ``(G) discharging, in coordination with the Under 
                Secretary for Science and Technology, the 
                responsibilities of the Department under Project 
                BioShield under sections 319F-1 and 319F-2 of the 
                Public Health Service Act (42 U.S.C. 247d-6a and 247d-
                6b);
                    ``(H) ensuring that the workforce of the Department 
                has science-based policy, standards, requirements, and 
                metrics for occupational safety and health;
                    ``(I) providing medical expertise for the 
                components of the Department with respect to 
                prevention, preparedness, protection, response, and 
                recovery for medical and public health matters;
                    ``(J) working in conjunction with appropriate 
                Department entities and other appropriate Federal 
                departments and agencies to develop guidance for 
                prevention, preparedness, protection, response, and 
                recovery from catastrophic events with human, animal, 
                agricultural, or environmental health consequences; and
                    ``(K) performing such other duties as the Secretary 
                may require.''.

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

    (a) Test, Evaluation, and Standards Division.--Section 308 of the 
Homeland Security Act of 2002 (6 U.S.C. 188) is amended--
            (1) in subsection (a), by inserting ``and through the Test, 
        Evaluation, and Standards Division of the Directorate'' after 
        ``programs''; and
            (2) by adding at the end the following:
    ``(d) Test, Evaluation, and Standards Division.--
            ``(1) Establishment.--There is established in the 
        Directorate of Science and Technology a Test, Evaluation, and 
        Standards Division.
            ``(2) Leadership.--The Test, Evaluation, and Standards 
        Division shall be headed by a Director of Test, Evaluation, and 
        Standards.
            ``(3) Responsibilities, authorities, and functions.--The 
        Secretary, acting through the Director of Test, Evaluation, and 
        Standards, shall--
                    ``(A) ensure the effectiveness, reliability, and 
                suitability of testing and evaluation activities 
                conduct by or on behalf of components and agencies of 
                the Department in acquisition programs that are 
                designated as high-risk major acquisition programs;
                    ``(B) provide the Department with independent and 
                objective assessments of the adequacy of testing and 
                evaluation activities conducted in support of 
                acquisition programs that are designed as high-risk 
                major acquisition programs;
                    ``(C) review and approve all Testing and Evaluation 
                Master Plans, test plans, and testing evaluation 
                procedures for acquisition programs that are designated 
                as high-risk major acquisition programs;
                    ``(D) develop testing and evaluation policies for 
                the Department;
                    ``(E) develop a testing and evaluation 
                infrastructure investment plan to modernize 
                departmental test-bed facilities that conduct 
                developmental, performance, or operational testing in 
                support of acquisition programs that are designated as 
                high-risk major acquisition programs;
                    ``(F) accredit test facilities or test-beds, as 
                necessary, that will be used by the Department for 
                testing and evaluation activities; and
                    ``(G) support the development and adoption of 
                voluntary standards in accordance with section 12(d) of 
                the National Technology Transfer and Advancement Act of 
                1995 (15 U.S.C. 272 note).
            ``(4) Definition.--In this subsection, the term `high-risk 
        major acquisition program' means any acquisition program that 
        is--
                    ``(A) designated as a Level 1 acquisition under the 
                policies of the Acquisition Review Board of the 
                Department established under section 707; or
                    ``(B) otherwise designated by the Secretary as a 
                complex, high-risk, or major acquisition programs 
                requiring enhanced oversight by the Department.''.
    (b) Oversight.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives a report that 
identifies each current or planned high-risk major acquisition program, 
as defined in this section.

SEC. 703. DIRECTOR OF OPERATIONAL TESTING.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.), as amended by section 605 of this Act, is amended 
by adding at the end the following:

``SEC. 319. DIRECTOR OF OPERATIONAL TESTING.

    ``(a) Definitions.--In this section--
            ``(1) the term `high-risk major acquisition program' has 
        the meaning given that term in section 308(d)(4); and
            ``(2) the term `operational test and evaluation' means 
        testing conducted under realistic operational conditions of any 
        item or key component of a high-risk major acquisition program 
        for the purpose of determining the operational effectiveness, 
        performance, suitability, reliability, availability, and 
        maintenance of the system for the intended mission.
    ``(b) Establishment.--There is in the Department a Director of 
Operational Testing, who shall report to the Under Secretary for 
Science and Technology and the Under Secretary for Management on the 
operational testing and evaluation of all high-risk major acquisition 
programs.
    ``(c) Access to Records and Data.--
            ``(1) In general.--The Director of Operational Testing 
        shall have prompt and full access to test and evaluation 
        documents, data, and test results of the Department that the 
        Director considers necessary to review in order to carry out 
        the duties of the Director under this section.
            ``(2) Observers.--The Director of Operational Testing may 
        require that observers designated by the Director shall be 
        present during the preparation for and the conduct of any 
        operational test and evaluation conducted of a high-risk major 
        acquisition program.
            ``(3) Reporting by program managers.--The program manager 
        of a high-risk major acquisition program shall promptly report 
        to the Director of Operational Testing the results of any 
        operational test and evaluation conducted for a system in that 
        program.
    ``(d) Safety Concerns.--The Director of Operational Testing shall 
ensure that any safety concern developed during the test and evaluation 
of a system in a high-risk major acquisition program are communicated 
in a timely manner to the Program Manager and Component Head for the 
applicable program.
    ``(e) Reporting to Congress.--The Director shall promptly comply 
with any request made by the Committee on Homeland Security and 
Governmental Affairs of the Senate or the Committee on Homeland 
Security of the House of Representatives for information or reports 
relating to the operational test and evaluation of a high-risk major 
acquisition program.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 318, 
as added by section 605 of this Act, the following:

``Sec. 319. Director of Operational Testing.''.

SEC. 704. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

    (a) Authority.--The Under Secretary for Science and Technology may 
make available to any person or entity, for an appropriate fee, the 
services of any center or other testing facility owned and operated by 
the Department for the testing of materials, equipment, models, 
computer software, and other items designed to advance the homeland 
security mission.
    (b) Interference With Federal Programs.--The Under Secretary for 
Science and Technology shall ensure that the testing of materials, 
equipment, models, computer software, or other items not owned by the 
Federal Government shall not cause personnel or other resources of the 
Federal Government to be diverted from scheduled Federal Government 
tests or otherwise interfere with Federal Government mission 
requirements.
    (c) Confidentiality of Test Results.--The results of tests 
performed with services made available under subsection (a) and any 
associated data provided by the person or entity for the conduct of the 
tests--
            (1) are trade secrets and commercial or financial 
        information that is privileged or confidential within the 
        meaning of section 552(b)(4) of title 5, United States Code; 
        and
            (2) may not be disclosed outside the Federal Government 
        without the consent of the person or entity for whom the tests 
        are performed.
    (d) Fees.--The fee for using the services of a center or facility 
under subsection (a) may not exceed the amount necessary to recoup the 
direct and indirect costs involved, such as direct costs of utilities, 
contractor support, and salaries of personnel, that are incurred by the 
Federal Government to provide for the testing.
    (e) Use of Fees.--Any fee collected under subsection (a) shall be 
credited to the appropriations or other funds of the Directorate of 
Science and Technology and shall be used to directly support the 
research and development activities of the Department.
    (f) Operational Plan.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Under Secretary for Science and 
        Technology shall submit to Congress a report detailing a plan 
        for exercising the authority to make available a center or 
        other testing facility under this section.
            (2) Contents.--The plan submitted under paragraph (1) shall 
        include--
                    (A) a list of the facilities and equipment that 
                could be made available to a person or entity under 
                this section;
                    (B) a 5-year budget plan, including the costs for 
                facility construction, staff training, contract and 
                legal fees, equipment maintenance and operation, and 
                any incidental costs associated with exercising the 
                authority to make available a center or other testing 
                facility under this section;
                    (C) a 5-year estimate of the number of persons and 
                entities that may use a center or other testing 
                facility and fees to be collected under this section;
                    (D) a list of criteria to be used by the Under 
                Secretary for Science and Technology in selecting 
                persons and entities to use a center or other testing 
                facility under this section, including any special 
                requirements for foreign applicants; and
                    (E) an assessment of the effect the authority to 
                make available a center or other testing facility under 
                this section would have on the ability of a center or 
                testing facility to meet its obligations under other 
                Federal programs.
    (g) Report to Congress.--The Under Secretary for Science and 
Technology shall submit to Congress an annual report containing a list 
of the centers and testing facilities that have collected fees under 
this section, the amount of fees collected, a brief description of each 
use of a center or facility under this section, and the purpose for 
which the testing was conducted.

SEC. 705. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

    (a) In General.--Section 311(j) of the Homeland Security Act of 
2002 (6 U.S.C. 191(j)) is amended by striking ``December 31, 2008'' and 
inserting ``December 31, 2012''.
    (b) Sense of Congress.--It is the sense of Congress that the 
Department should fully use the Homeland Security Science and 
Technology Advisory Committee to address the science and technology 
challenges of the Department.

SEC. 706. NATIONAL ACADEMY OF SCIENCES REPORT.

    (a) In General.--The Under Secretary for Science and Technology 
shall enter into an agreement with the National Research Council of the 
National Academy of Sciences to produce a report updating the 2002 
report of the National Research Council entitled ``Making the Nation 
Safer'' (in this section referred to as the ``2002 report'').
    (b) Content of Report.--The report produced under subsection (a) 
shall--
            (1) reexamine the framework in the 2002 report for the 
        application of science and technology for countering terrorism 
        and homeland security;
            (2) reassess the research agendas in the 9 areas addressed 
        in the 2002 report, and in any new areas the National Research 
        Council determines to address;
            (3) define priority research areas that have not been 
        sufficiently addressed by Federal Government research and 
        development activities since 2002;
            (4) assess the efficacy of the organizational structure and 
        processes of the Federal Government for conducting research and 
        development relating to counterterrorism and homeland security;
            (5) assess the efficacy of the science and technology 
        workforce in the United States in terms of supporting research 
        and development relating to counterterrorism and homeland 
        security; and
            (6) address other related topics that the National Research 
        Council determines to examine.
    (c) Publication.--Not later than 1 year after the date of enactment 
of this Act, the National Research Council shall release the report 
produced under subsection (a) and make the report available free of 
charge on the website of the National Academies.
    (d) Authorization.--Of the total authorized in section 101 of this 
Act for fiscal year 2009, $1,000,000 is authorized to carry out this 
section.

SEC. 707. MATERIAL THREATS.

    (a) In General.--
            (1) Material threats.--Section 319F-2(c)(2)(A) of the 
        Public Health Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is 
        amended--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively;
                    (B) by moving each of such subclauses 2 ems to the 
                right;
                    (C) by striking ``(A) Material threat.--The 
                Homeland Security Secretary'' and inserting the 
                following:
                    ``(A) Material threat.--
                            ``(i) In general.--The Homeland Security 
                        Secretary''; and
                    (D) by adding at the end the following clauses:
                            ``(ii) Groupings to facilitate assessment 
                        of countermeasures.--
                                    ``(I) In general.--In conducting 
                                threat assessments and determinations 
                                under clause (i) of chemical, 
                                biological, radiological, and nuclear 
                                agents, the Homeland Security Secretary 
                                may consider the completion of such 
                                assessments and determinations for 
                                groups of agents toward the goal of 
                                facilitating the assessment of 
                                countermeasures under paragraph (3) by 
                                the Secretary.
                                    ``(II) Categories of 
                                countermeasures.--The grouping of 
                                agents under subclause (I) by the 
                                Homeland Security Secretary shall be 
                                designed, in consultation with the 
                                Secretary, to facilitate assessments 
                                under paragraph (3) by the Secretary 
                                regarding the following two categories 
                                of countermeasures:
                                            ``(aa) Countermeasures that 
                                        may address more than one agent 
                                        identified under clause 
                                        (i)(II).
                                            ``(bb) Countermeasures that 
                                        may address adverse health 
                                        consequences that are common to 
                                        exposure to different agents.
                                    ``(III) Rule of construction.--A 
                                particular grouping of agents pursuant 
                                to subclause (II) is not required under 
                                such subclause to facilitate 
                                assessments of both categories of 
                                countermeasures described in such 
                                subclause. A grouping may concern one 
                                category and not the other.
                            ``(iii) Timeframe for completion of certain 
                        national security determinations.--With respect 
                        to chemical and biological agents and 
                        particular radiological isotopes and nuclear 
                        materials, or appropriate groupings of such 
                        agents, known to the Homeland Security 
                        Secretary as of the day before the date of the 
                        enactment of this clause, and which such 
                        Secretary considers to be capable of 
                        significantly affecting national security, such 
                        Secretary shall complete the determinations 
                        under clause (i)(II) not later than December 
                        31, 2009.
                            ``(iv) Report to congress.--Not later than 
                        30 days after the date on which the Homeland 
                        Security Secretary completes a material threat 
                        assessment under clause (i) or a risk 
                        assessment for the purpose of satisfying such 
                        clause, such Secretary shall submit to Congress 
                        a report containing the results of such 
                        assessment.
                            ``(v) Definition.--For purposes of this 
                        subparagraph, the term `risk assessment' means 
                        a scientific, technically based analysis of 
                        agents that incorporates threat, vulnerability, 
                        and consequence information.''.
            (2) Technical and conforming amendments.--Section 319F-2(c) 
        of the Public Health Service Act (42 U.S.C. 247d-6b(c)) is 
        amended--
                    (A) in paragraph (1)(B)(i)(I), by striking 
                ``paragraph (2)(A)(ii)'' and inserting ``paragraph 
                (2)(A)(i)(II)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``subparagraph (A)(ii)'' and inserting 
                                ``subparagraph (A)(i)(II)''; and
                                    (II) in clause (ii), by striking 
                                ``subparagraph (A)(ii)'' and inserting 
                                ``subparagraph (A)(i)(II)'';
                            (ii) in subparagraph (C), by striking 
                        ``subparagraph (A)'' and inserting 
                        ``subparagraph (A)(i)''; and
                            (iii) in subparagraph (D), by striking 
                        ``subparagraph (A)'' and inserting 
                        ``subparagraph (A)(i)''.
    (b) Authorization of Appropriations.--Section 521(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 321-j(d)) is amended--
            (1) in paragraph (1), by striking ``2006,'' and inserting 
        ``2010,''; and
            (2) by adding at the end the following:
            ``(3) Additional authorization of appropriations regarding 
        certain threat assessments.--For the purpose of providing an 
        additional amount to the Secretary to assist the Secretary in 
        meeting the requirements of clause (iii) of section 319F-
        2(c)(2)(A)) of the Public Health Service Act (relating to time 
        frames), there are authorized to be appropriated such sums as 
        may be necessary for fiscal year 2009, in addition to the 
        authorization of appropriations established in paragraph (1). 
        The purposes for which such additional amount may be expended 
        include conducting risk assessments regarding clause (i)(II) of 
        such section when there are no existing risk assessments that 
        the Secretary considers credible.''.

                 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.

    (a) Customs and Border Protection Officers.--For each of the fiscal 
years 2009 through 2011, the Secretary shall, subject to the 
availability of appropriations for such purpose and in accordance with 
subsection (c), increase annually by not less than 1,000, the total 
number of full-time, active-duty Customs and Border Protection Officers 
within U.S. Customs and Border Protection for posting at United States 
ports of entry over the number of such Officers authorized on the last 
day of the previous fiscal year.
    (b) Border Security Support Personnel.--For each of the fiscal 
years 2009 through 2011, the Secretary shall, subject to the 
availability of appropriations for such purpose, increase annually by 
not less than a total of 171, the number of full-time border security 
support personnel assigned to United States ports of entry over the 
number of such support personnel authorized on the last day of the 
previous fiscal year.
    (c) Workforce Staffing Model.--
            (1) In general.--Not later than December 31, 2008, and 
        every 2 years thereafter, the Secretary shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a workforce staffing model--
                    (A) detailing the optimal level of staffing 
                required to carry out the responsibilities of U.S. 
                Customs and Border Protection; and
                    (B) describing the process through which U.S. 
                Customs and Border Protection makes workforce 
                allocation decisions.
            (2) Review by government accountability office.--Not later 
        than 45 days after the date on which the Secretary submits the 
        workforce staffing model under paragraph (1), the Comptroller 
        General of the United States shall review and submit an 
        assessment of the workforce staffing model to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Homeland Security of the House of 
        Representatives.
    (d) Authorization of Appropriations for Additional Personnel.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary for the purpose of meeting the staffing 
        requirements provided for in subsections (a) and (b) such sums 
        as are necessary.
            (2) Supplement not supplant.--Amounts appropriated pursuant 
        to paragraph (1) shall supplement and not supplant any other 
        amounts authorized to be appropriated to U.S. Customs and 
        Border Protection for staffing.

SEC. 802. CUSTOMS AND BORDER PROTECTION OFFICER TRAINING.

    (a) Ensuring Customs and Border Protection Officer Training.--The 
Commissioner responsible for U.S. Customs and Border Protection (in 
this section referred to as the ``Commissioner'') shall incorporate 
into an existing database or develop a database system, by June 30, 
2009, that identifies for each Customs and Border Protection Officer--
            (1) the assigned port placement location;
            (2) the specific assignment and responsibilities;
            (3) the required initial training courses completed;
            (4) the required ongoing training courses available and 
        completed;
            (5) for each training course completed, the method by which 
        the training was delivered (classroom, internet/computer, on-
        the-job, CD-ROM);
            (6) for each training course, the time allocated during on-
        duty hours within which training must be completed;
            (7) for each training course offered, the duration of 
        training and the amount of time an employee must be absent from 
        work to complete the training;
            (8) if training has been postponed, the basis for 
        postponing training;
            (9) the date training was completed;
            (10) certification or evidence of completion of each 
        training course; and
            (11) certification by a supervising officer that the 
        Officer is able to carry out the function for which the 
        training was provided.
    (b) Identifying and Enhancing On-the-Job Training.--Not later than 
June 30, 2009, the Commissioner shall--
            (1) review the mission and responsibilities of Customs and 
        Border Protection Officers carried out at air, land, and sea 
        ports of entry in both primary and secondary inspections areas;
            (2) develop an inventory of specific tasks that must be 
        performed by Customs and Border Protection Officers throughout 
        the entire inspection process at ports of entry, including 
        tasks to be performed in primary and secondary inspections 
        areas;
            (3) ensure that on-the-job training includes supervised and 
        evaluated performance of those tasks identified in paragraph 
        (2) or a supervised and evaluated practical training exercise 
        that simulates the on-the-job experience; and
            (4) develop criteria to measure officer proficiency in 
        performing those tasks identified in paragraph (2) and for 
        providing feedback to officers on a regular basis.
    (c) Use of Data.--The Commissioner shall use the information 
developed under subsection (a) and subsection (b)(2) to--
            (1) develop specific training requirements for Customs and 
        Border Protection Officers to ensure that Officers have 
        sufficient training to conduct primary and secondary 
        inspections at land, air, and sea ports of entry;
            (2) measure progress toward achieving those training 
        requirements; and
            (3) make staffing allocation decisions.
    (d) Competency.--Supervisors of on-the-job training shall--
            (1) attest to the competency of Customs and Border 
        Protection Officers to carry out the functions for which the 
        Officers received training; and
            (2) provide feedback to the Officers on performance.

SEC. 803. MOBILE ENROLLMENT TEAMS PILOT PROJECT.

    Section 7209(b) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (8 U.S.C. 1185 note) is amended by adding at the end the 
following:
            ``(3) Mobile enrollment teams.--
                    ``(A) In general.--
                            ``(i) Establishment.--Not later than 
                        November 1, 2008, the Secretary of Homeland 
                        Security, in conjunction with the Secretary of 
                        State, shall establish 20 temporary mobile 
                        enrollment teams along the international 
                        borders to assist United States citizens in 
                        applying for passport cards and passports. Not 
                        more than a total of 40 personnel shall be 
                        assigned to participate on the teams.
                            ``(ii) Authorization of appropriations for 
                        additional personnel.--
                                    ``(I) In general.--There are 
                                authorized to be appropriated to the 
                                Secretary of Homeland Security for the 
                                purpose of meeting the staffing 
                                requirements under this paragraph such 
                                sums as may be necessary.
                                    ``(II) Supplement not supplant.--
                                Amounts appropriated pursuant to 
                                subclause (I) shall supplement and not 
                                supplant any other amounts authorized 
                                to be appropriated to the U.S. Customs 
                                and Border Protection for staffing.
                    ``(B) Deployment.--Enrollment teams established 
                under subparagraph (A) shall be deployed to communities 
                in each State that has a land or maritime border with 
                Canada or Mexico. In allocating teams among the States, 
                consideration shall be given to the number of passport 
                acceptance facilities in the State and the length of 
                the international border of the State.
                    ``(C) Coordination; outreach.--In deploying 
                enrollment teams under subparagraph (B), the Secretary 
                shall--
                            ``(i) implement this provision in 
                        conjunction with the Secretary of State;
                            ``(ii) develop an awareness and outreach 
                        campaign for the mobile enrollment program; and
                            ``(iii) coordinate with Federal, State, and 
                        local government officials in strategic 
                        locations along the northern and southern 
                        international borders to temporarily secure 
                        suitable space to conduct enrollments.
                    ``(D) Fees.--
                            ``(i) Execution fees.--Notwithstanding any 
                        other provision of law, the Secretary of 
                        Homeland Security and the Secretary of State 
                        may not charge an execution fee for a passport 
                        or a passport card obtained through a mobile 
                        enrollment team established under this 
                        paragraph.
                            ``(ii) Application fees.--The Secretary of 
                        State may charge an application fee for a 
                        passport card obtained through a mobile 
                        enrollment team in an amount not to exceed--
                                    ``(I) $20 for individuals who are 
                                16 years of age or older; and
                                    ``(II) $10 for individuals who are 
                                younger than 16 years of age.
                    ``(E) Report.--Not later than November 1, 2008, the 
                Secretary of Homeland Security shall submit a report to 
                the appropriate congressional committees that 
                describes--
                            ``(i) the status of the implementation of 
                        the mobile enrollment team pilot project;
                            ``(ii) the number and location of the 
                        enrollment teams that have been deployed; and
                            ``(iii) the amount of Federal 
                        appropriations needed to expand the number of 
                        mobile enrollment teams.
                    ``(F) Sunset.--The mobile enrollment team pilot 
                project established under this paragraph shall 
                terminate on July 1, 2010.''.

SEC. 804. FEDERAL-STATE BORDER SECURITY COOPERATION.

    (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 Grant Programs

``SEC. 2041. BORDER SECURITY ASSISTANCE PROGRAM.

    ``(a) Border Security Task Forces.--The Commissioner responsible 
for U.S. Customs and Border Protection (in this section referred to as 
the `Commissioner'), in conjunction with appropriate State, local, and 
tribal officials, may establish State or regional task forces to 
facilitate the coordination of the activities of State, local, or 
tribal law enforcement and other officials with Federal efforts to 
enhance the Nation's border security.
    ``(b) Financial Assistance.--
            ``(1) In general.--In support of the task forces authorized 
        under subsection (a), the Secretary, through the Administrator, 
        and in consultation with the Commissioner, is authorized to 
        make grants to States to facilitate and enhance State, local, 
        and tribal participation in border security efforts.
            ``(2) Eligibility.--A State is eligible to apply for a 
        grant under this section if--
                    ``(A) the State is located on the international 
                border between the United States and Mexico or the 
                United States and Canada; and
                    ``(B) the State, local, or tribal governments 
                within the State, participate in a task force described 
                in subsection (a).
            ``(3) Availability of funds to local and tribal 
        governments.--Not later than 45 days after receiving grant 
        funds, any State that receives a grant under this section shall 
        obligate or otherwise make available to local and tribal 
        governments--
                    ``(A) not less than 80 percent of the grant funds;
                    ``(B) with the consent of local and tribal 
                governments, eligible expenditures having a value of 
                not less than 80 percent of the amount of the grant; or
                    ``(C) with the consent of local and tribal 
                governments, grant funds combined with other eligible 
                expenditures having a total value of not less than 80 
                percent of the amount of the grant.
            ``(4) Limitations on use of funds.--Funds provided under 
        this section may not be used--
                    ``(A) to supplant State, local, or tribal 
                government funds;
                    ``(B) to pay salaries and benefits for personnel, 
                other than overtime expenses;
                    ``(C) to purchase vehicles, vessels or aircraft; 
                and
                    ``(D) to construct and renovate buildings or other 
                physical facilities.
            ``(5) Prioritization.--In allocating funds among eligible 
        States applying for grants under this section, the 
        Administrator shall consider for each eligible State--
                    ``(A) the relative threat, vulnerability, and 
                consequences from acts of terrorism to that State, 
                including consideration of--
                            ``(i) the most current threat assessments 
                        available to the Department relevant to the 
                        border of that State;
                            ``(ii) the length of the international 
                        border of that State; and
                            ``(iii) such other factors as the 
                        Administrator may provide; and
                    ``(B) the anticipated effectiveness of the proposed 
                use of the grant by the State to enhance border 
                security capabilities.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $20,000,000 for each of the 
fiscal years 2009 through 2013.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 2022 
the following:

                   ``Subtitle C--Other Grant Programs

``Sec. 2041. Border security assistance program.''.

   Subtitle B--Customs and Border Protection Agriculture Specialists

SEC. 811. SENSE OF THE SENATE.

    It is the sense of the Senate that--
            (1) agriculture specialists in U.S. Customs and Border 
        Protection at the Department serve a critical role in 
        protecting the United States from both the unintentional and 
        the intentional introduction of diseases or pests that threaten 
        the economy and human health of the United States through--
                    (A) applying advanced scientific education and 
                expertise to the examination of foreign agriculture 
                products;
                    (B) identifying and intercepting harmful pests and 
                plant and animal diseases; and
                    (C) seizing and destroying infested products that 
                would result in harm to the United States;
            (2) customs and border protection agriculture specialists 
        enhance the security of the United States and are an integral 
        part of the border protection force of the Department by 
        working synergistically and sharing information with others in 
        the Department who are responsible for protecting the borders 
        and keeping dangerous people and things out of the United 
        States; and
            (3) there should be continued and additional support for 
        customs and border protection agriculture specialists and their 
        unique mission.

SEC. 812. INCREASE IN NUMBER OF U.S. CUSTOMS AND BORDER PROTECTION 
              AGRICULTURE SPECIALISTS.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary shall increase the number of full-time customs and border 
protection agriculture specialists for United States ports of entry by 
not fewer than 195 each fiscal year, for fiscal years 2009 through 
2013, over the number of customs and border protection agriculture 
specialists authorized on the last day of the previous fiscal year.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department for the purpose of increasing the number 
of customs and border protection agriculture specialists such sums as 
necessary for fiscal years 2009 through 2013.

SEC. 813. AGRICULTURE SPECIALIST CAREER TRACK.

    (a) In General.--The Secretary, acting through the Commissioner 
responsible for U.S. Customs and Border Protection--
            (1) shall ensure that appropriate career paths for customs 
        and border protection agriculture specialists are identified, 
        including the education, training, experience, and assignments 
        necessary for career progression within U.S. Customs and Border 
        Protection;
            (2) shall publish information on the career paths described 
        in paragraph (1); and
            (3) may establish criteria by which appropriately qualified 
        U.S. Customs and Border Protection technicians may be promoted 
        to customs and border protection agriculture specialists.
    (b) Education, Training, and Experience.--The Secretary, acting 
through the Commissioner responsible for U.S. Customs and Border 
Protection, shall ensure that all customs and border protection 
agriculture specialists are provided the opportunity to acquire the 
education, training, and experience necessary to qualify for promotion 
within U.S. Customs and Border Protection.

SEC. 814. AGRICULTURE SPECIALIST RECRUITMENT AND RETENTION.

    Not later than 270 days after the date of enactment of this Act, 
the Secretary, acting through the Commissioner responsible for U.S. 
Customs and Border Protection, shall develop a plan for more effective 
recruitment and retention of qualified customs and border protection 
agriculture specialists, including numerical goals for increased 
recruitment and retention and the use of bonuses and other incentives 
where appropriate and permissible under existing laws and regulations.

SEC. 815. RETIREMENT PROVISIONS FOR AGRICULTURE SPECIALISTS AND SEIZED 
              PROPERTY SPECIALISTS.

    (a) Amendments Relating to the Civil Service Retirement System.--
            (1) Definitions.--Section 8331 of title 5, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (30);
                    (B) by striking the period at the end of paragraph 
                (31) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(32) `customs and border protection agriculture 
        specialist' means an employee in the Department of Homeland 
        Security--
                    ``(A) who holds a position within the GS-0401 job 
                series (determined by applying the criteria in effect 
                as of September 1, 2008) or any successor position; and
                    ``(B) whose duties include activities relating to 
                preventing the introduction of harmful pests, plant and 
                animal diseases, and other biological threats at ports 
                of entry, including any such employee who is 
                transferred directly to a supervisory or administrative 
                position in the Department of Homeland Security after 
                performing such duties in 1 or more positions (as 
                described in subparagraph (A)) for at least 3 years;
            ``(33) `customs and border protection seized property 
        specialist' means an employee in the Department of Homeland 
        Security--
                    ``(A) who holds a position within the GS-1801 job 
                series (determined by applying the criteria in effect 
                as of September 1, 2008) or any successor position; and
                    ``(B) whose duties include activities relating to 
                the efficient and effective custody, management, and 
                disposition of seized or forfeited property, including 
                any such employee who is transferred directly to a 
                supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties in 1 or more positions (as described in 
                subparagraph (A)) for at least 3 years; and''.
            (2) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in subsection (a)(1)(A), by striking ``or 
                customs and border protection officer,'' and inserting 
                ``or customs and border protection officer, customs and 
                border protection agriculture specialist, or customs 
                and border protection seized property specialist''; and
                    (B) in the table contained in subsection (c), by 
                adding at the end the following:


``Customs and border protection agriculture                7.5  After April 1, 2009.''.
 specialist and customs and border protection
 seized property specialist
 

            (3) Mandatory separation.--The first sentence of section 
        8335(b)(1) of title 5, United States Code, is amended by 
        striking ``or customs and border protection officer'' and 
        inserting ``or customs and border protection officer, customs 
        and border protection agriculture specialist, or customs and 
        border protection seized property specialist''.
            (4) Immediate retirement.--Section 8336 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c)(1), by striking ``or customs 
                and border protection officer'' and inserting ``or 
                customs and border protection officer, customs and 
                border protection agriculture specialist, or customs 
                and border protection seized property specialist''; and
                    (B) in subsections (m) and (n), by striking ``or as 
                a customs and border protection officer'' and inserting 
                ``or as a customs and border protection officer, 
                customs and border protection agriculture specialist, 
                or customs and border protection seized property 
                specialist''.
    (b) Amendments Relating to the Federal Employees' Retirement 
System.--
            (1) Definitions.--Section 8401 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (35), by striking ``and'' at the 
                end;
                    (B) in paragraph (36), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(37) `customs and border protection agriculture 
        specialist' means an employee in the Department of Homeland 
        Security--
                    ``(A) who holds a position within the GS-0401 job 
                series (determined by applying the criteria in effect 
                as of September 1, 2008) or any successor position; and
                    ``(B) whose duties include activities relating to 
                preventing the introduction of harmful pests, plant and 
                animal diseases, and other biological threats at ports 
                of entry, including any such employee who is 
                transferred directly to a supervisory or administrative 
                position in the Department of Homeland Security after 
                performing such duties (as described in subparagraph 
                (B)) in 1 or more positions (as described in 
                subparagraph (A)) for at least 3 years;
            ``(38) `customs and border protection seized property 
        specialist' means an employee in the Department of Homeland 
        Security--
                    ``(A) who holds a position within the GS-1801 job 
                series (determined by applying the criteria in effect 
                as of September 1, 2008) or any successor position; and
                    ``(B) whose duties include activities relating to 
                the efficient and effective custody, management, and 
                disposition of seized or forfeited property, including 
                any such employee who is transferred directly to a 
                supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties (as described in subparagraph (B)) in 1 or more 
                positions (as described in subparagraph (A)) for at 
                least 3 years; and''.
            (2) Immediate retirement.--Paragraphs (1) and (2) of 
        section 8412(d) of title 5, United States Code, are amended by 
        striking ``or customs and border protection officer'' and 
        inserting ``or customs and border protection officer, customs 
        and border protection agriculture specialist, or customs and 
        border protection seized property specialist''.
            (3) Computation of basic annuity.--Section 8415(h)(2) of 
        title 5, United States Code, is amended by striking ``or 
        customs and border protection officer''; and inserting ``or 
        customs and border protection officer, customs and border 
        protection agriculture specialist, or customs and border 
        protection seized property specialist''.
            (4) Deductions from pay.--The table contained in section 
        8422(a)(3) of title 5, United States Code, is amended by adding 
        at the end the following:


Customs and border protection agriculture                  7.5  After April 1, 2009.
 specialist and customs and border protection
 seized property specialist
 

            (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
        of section 8423(a) of title 5, United States Code, are amended 
        by inserting ``customs and border protection agriculture 
        specialists, and customs and border protection seized property 
        specialists'' after ``customs and border protection officers,'' 
        each place it appears.
            (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
        United States Code, is amended--
                    (A) by striking ``or customs and border protection 
                officer who'' and inserting ``or customs and border 
                protection officer, customs and border protection 
                agriculture specialist, or customs and border 
                protection seized property specialist who''; and
                    (B) by striking ``or customs and border protection 
                officer as the case may be'' and inserting ``or customs 
                and border protection officer, customs and border 
                protection agriculture specialist, or customs and 
                border protection seized property specialist as the 
                case may be''.
    (c) Maximum Age for Original Appointment.--Section 3307(g) of title 
5, United States Code, is amended by striking ``customs and border 
protection officer, as defined by section 8401(36)'' and inserting 
``customs and border protection officer, customs and border protection 
agriculture specialist, and customs and border protection seized 
property specialist, as defined by section 8401 (36), (37), and (38), 
respectively''.
    (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the Director of 
the Office of Personnel Management in consultation with the Secretary.
    (e) Effective Date; Transition Rules.--
            (1) Effective date.--The amendments made by this section 
        shall become effective on the first day of the first pay period 
        beginning at least 6 months after the date of the enactment of 
        this Act.
            (2) Transition rules.--
                    (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The amendments made 
                by subsections (a)(3) and (b)(6), respectively, shall 
                not apply to an individual first appointed as a customs 
                and border protection agriculture specialist or customs 
                and border protection seized property officer before 
                the effective date under paragraph (1).
                    (B) Treatment of prior service.--
                            (i) General rule.--Except as provided in 
                        clause (ii), nothing in this section or any 
                        amendment made by this section shall be 
                        considered to apply with respect to any service 
                        performed as a customs and border protection 
                        agriculture specialist or customs and border 
                        protection seized property specialist before 
                        the effective date under paragraph (1).
                            (ii) Exceptions.--
                                    (I) Service described in section 
                                8331(32) or 8401(37) of title 5, United 
                                States Code (as amended by this 
                                section) rendered before the effective 
                                date under paragraph (1) may be taken 
                                into account to determine if an 
                                individual who is serving on or after 
                                such effective date then qualifies as a 
                                customs and border protection 
                                agriculture specialist by virtue of 
                                holding a supervisory or administrative 
                                position in the Department.
                                    (II) Service described in section 
                                8331(33) or 8401(38) of title 5, United 
                                States Code (as amended by this 
                                section) rendered before the effective 
                                date under paragraph (1) may be taken 
                                into account to determine if an 
                                individual who is serving on or after 
                                such effective date then qualifies as a 
                                customs and border protection 
                                agriculture specialist by virtue of 
                                holding a supervisory or administrative 
                                position in the Department.
                    (C) Minimum annuity amount.--The annuity of an 
                individual serving as a customs and border protection 
                agriculture specialist or customs and border protection 
                seized property specialist on the effective date under 
                paragraph (1) pursuant to an appointment made before 
                that date shall, to the extent that its computation is 
                based on service rendered as a customs and border 
                protection agriculture specialist or customs and border 
                protection seized property specialist, respectively, on 
                or after that date, be at least equal to the amount 
                that would be payable--
                            (i) to the extent that such service is 
                        subject to the Civil Service Retirement System, 
                        by applying section 8339(d) of title 5, United 
                        States Code, with respect to such service; and
                            (ii) to the extent such service is subject 
                        to the Federal Employees Retirement System, by 
                        applying section 8415(d) of title 5, United 
                        States Code, with respect to such service.
                    (D) Rule of construction.--Nothing in the amendment 
                made by subsection (c) shall be considered to apply 
                with respect to any appointment made before the 
                effective date under paragraph (1).
            (3) Election.--
                    (A) Incumbent defined.--For purposes of this 
                paragraph, the term ``incumbent'' means an individual 
                who is serving as a customs and border protection 
                agriculture specialist or customs and border protection 
                seized property specialist on the date of the enactment 
                of this Act.
                    (B) Notice requirement.--Not later than 30 days 
                after the date of the enactment of this Act, the 
                Director of the Office of Personnel Management shall 
                take measures reasonably designed to ensure that 
                incumbents are notified as to their election rights 
                under this paragraph, and the effect of making or not 
                making a timely election.
                    (C) Election available to incumbents.--
                            (i) In general.--An incumbent may elect, 
                        for all purposes, either--
                                    (I) to be treated in accordance 
                                with the amendments made by subsection 
                                (a) or (b), as applicable; or
                                    (II) to be treated as if 
                                subsections (a) and (b) had never been 
                                enacted.
                        Failure to make a timely election under this 
                        paragraph shall be treated in the same way as 
                        an election made under subclause (I) on the 
                        last day allowable under clause (ii).
                            (ii) Deadline.--An election under this 
                        paragraph shall not be effective unless it is 
                        made at least 14 days before the effective date 
                        under paragraph (1).
            (4) Definitions.--For purposes of this subsection--
                    (A) the term ``customs and border protection 
                agriculture specialist'' has the meaning given such 
                term by section 8331(32) or 8401(37) of title 5, United 
                States Code (as amended by this section).
                    (B) the term ``customs and border protection seized 
                property specialist'' has the meaning given such term 
                by section 8331(33) or 8401(38) of title 5, United 
                States Code (as amended by this section).
            (5) Exclusion.--Nothing in this section or any amendment 
        made by this section shall be considered to afford any election 
        or to otherwise apply with respect to any individual who, as of 
        the day before the date of the enactment of this Act--
                    (A) holds a position within U.S. Customs and Border 
                Protection; and
                    (B) is considered a law enforcement officer for 
                purposes of subchapter III of chapter 83 or chapter 84 
                of title 5, United States Code, by virtue of such 
                position.

SEC. 816. EQUIPMENT SUPPORT.

    Not later than 90 days after the date of enactment of this Act, the 
Commissioner responsible for U.S. Customs and Border Protection shall--
            (1) determine the minimum equipment and other resources at 
        U.S. Customs and Border Protection agriculture inspection 
        stations and facilities that are necessary for customs and 
        border protection agriculture specialists to carry out their 
        mission fully and effectively;
            (2) complete an inventory of the equipment and other 
        resources available at each U.S. Customs and Border Protection 
        agriculture inspection station and facility;
            (3) identify the gaps between the necessary level of 
        equipment and other resources and those available at 
        agriculture inspection stations and facilities; and
            (4) develop a plan to address any gaps identified under 
        paragraph (3).

SEC. 817. REPORTS.

    (a) Implementation of Action Plans and Equipment Support.--Not 
later than 90 days after the date of enactment of this Act, the 
Secretary, acting through the Commissioner responsible for U.S. Customs 
and Border Protection, shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives a report on--
            (1) the status of the implementation of action plans 
        developed by the Animal and Plant Health Inspection Service-
        U.S. Customs and Border Protection Joint Task Force on Improved 
        Agriculture Inspection;
            (2) the findings of the Commissioner under section 816; and
            (3) the plan described in section 816(4).
    (b) Implementation of Subtitle.--Not later than 1 year after the 
date of enactment of this Act, the Secretary, acting through the 
Commissioner responsible for U.S. Customs and Border Protection, shall 
submit to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives a report on--
            (1) the implementation of the requirements of this subtitle 
        not addressed in the report required under subsection (a); and
            (2) any additional legal authority believed necessary to 
        carry out the Department's agriculture inspection mission 
        effectively.

             TITLE IX--PREPAREDNESS AND RESPONSE PROVISIONS

SEC. 901. NATIONAL PLANNING.

    Title V of the Homeland Security Act of 2002 (6 U.S.C. 311) is 
amended by adding at the end the following:

``SEC. 525. NATIONAL PLANNING.

    ``(a) Definitions.--In this section--
            ``(1) the term `operations plan' means a plan that--
                    ``(A) identifies the resource, personnel, and asset 
                allocations necessary to execute the objectives of a 
                strategic plan and turn strategic priorities into 
                operational execution; and
                    ``(B) contains a full description of specific 
                roles, responsibilities, tasks, integration, and 
                actions required under the plan; and
            ``(2) the term `strategic plan' means a plan that--
                    ``(A) outlines strategic priorities and broad 
                national strategic objectives, and describes intended 
                outcomes; and
                    ``(B) defines the mission, identifies authorities, 
                delineates roles, responsibilities, and essential 
                tasks, and determines and prioritizes required 
                capabilities.
    ``(b) National Planning System.--The President, through the 
Secretary and the Administrator, in conjunction with the heads of 
appropriate Federal departments and agencies, and in consultation with 
the National Advisory Council established under section 508, shall 
develop a national planning system that--
            ``(1) provides common processes across Federal departments 
        and agencies for developing plans to prevent, prepare for, 
        protect against, respond to, and recover from natural 
        disasters, acts of terrorism, and other man-made disasters;
            ``(2) includes a process for modifying plans described 
        under paragraph (1) to reflect developments in risk, 
        capabilities, or policies and incorporate lessons learned from 
        exercises and events;
            ``(3) provides for the development of--
                    ``(A) strategic guidance that outlines broad 
                national strategic objectives and priorities and is 
                intended to guide the development of strategic and 
                operations plans;
                    ``(B) strategic plans to address those hazards that 
                pose the greatest risk, including natural disasters, 
                acts of terrorism, and other man-made disasters, and, 
                where appropriate, the national planning scenarios 
                prescribed in section 645 of the Post-Katrina Emergency 
                Management Reform Act of 2006 (6 U.S.C. 745); and
                    ``(C) operations plans by all relevant Federal 
                departments and agencies, including operations plans 
                required under section 653(b) of the Post-Katrina 
                Emergency Management Reform Act of 2006 (6 U.S.C. 
                753(b)) and such other operations plans as necessary 
                for the execution of the roles and responsibilities 
                identified by such strategic plans; and
                    ``(D) such other plans as the Secretary determines 
                necessary;
            ``(4) includes practical planning instruction and planning 
        templates that may be voluntarily used or adapted by State, 
        local, and tribal governments, in order to promote consistent 
        planning for all hazards, including natural disasters, acts of 
        terrorism, and other man-made disasters, across Federal, State, 
        local, and tribal governments; and
            ``(5) includes processes for linking Federal plans with 
        those of State, local, and tribal governments.
    ``(c) State, Local, and Tribal Planning.--The Secretary, through 
the Administrator, shall--
            ``(1) promote the planning system developed under 
        subsection (b) to State and local governments and provide 
        assistance, as appropriate, with the development of plans to 
        prevent, prepare for, protect against, respond to, and recover 
        from all hazards, including natural disasters, acts of 
        terrorism and other man-made disasters; and
            ``(2) develop a means by which strategic and operations 
        plans developed by State, local, and tribal governments and 
        Federal strategic and operations plans developed under the 
        national planning system required under subsection (b), may be 
        coordinated and aligned.
    ``(d) Report.--Not later than 1 year after the date of enactment of 
this section, and every year thereafter until the date that is 11 years 
after such date of enactment, the Secretary shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
a report on--
            ``(1) the status of the national planning system required 
        under subsections (b), and a document describing the system;
            ``(2) the status of strategic guidance and strategic and 
        operations plans and other plans developed under the national 
        planning system;
            ``(3) the current ability of Federal departments and 
        agencies to execute the plans developed under the national 
        planning system and any additional resources required to enable 
        execution of such plans; and
            ``(4) the extent to which State, local, and tribal planning 
        efforts and Federal planning efforts are being coordinated.''.

SEC. 902. PREDISASTER HAZARD MITIGATION.

    (a) In General.--
            (1) Allocation of funds.--Section 203(f) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5133(f)) is amended to read as follows:
    ``(f) Allocation of Funds.--
            ``(1) In general.--The President shall award financial 
        assistance under this section on a competitive basis and in 
        accordance with the criteria in subsection (g).
            ``(2) Minimum and maximum amounts.--In providing financial 
        assistance under this section, the President shall ensure that 
        the amount of financial assistance made available to a State 
        (including amounts made available to local governments of the 
        State) for a fiscal year--
                    ``(A) is not less than the lesser of--
                            ``(i) $575,000; and
                            ``(ii) the amount that is equal to 1 
                        percent of the total funds appropriated to 
                        carry out this section for the fiscal year; and
                    ``(B) does not exceed the amount that is equal to 
                15 percent of the total funds appropriated to carry out 
                this section for the fiscal year.''.
            (2) Authorization of appropriations.--Section 203(m) of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5133(m)) is amended to read as follows:
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $210,000,000 for fiscal year 2009;
            ``(2) $220,000,000 for fiscal year 2010;
            ``(3) $230,000,000 for fiscal year 2011;
            ``(4) $240,000,000 for fiscal year 2012; and
            ``(5) $250,000,000 for fiscal year 2013.''.
    (b) Technical and Conforming Amendments.--The Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
is amended--
            (1) in section 204(b) (42 U.S.C. 5134(b)), by striking 
        ``Director'' and inserting ``Administrator'';
            (2) in section 303(b) (42 U.S.C. 5144(b)), by striking 
        ``Director'' each place it appears and inserting 
        ``Administrator'';
            (3) in section 326(c)(3) (42 U.S.C. 5165d(c)(3)), by 
        striking ``Director'' and inserting ``Administrator'';
            (4) in section 404(b) (42 U.S.C. 5170c(b)), by striking 
        ``Director'' each place it appears and inserting 
        ``Administrator'';
            (5) in section 406 (42 U.S.C. 5172), by striking 
        ``Director'' each place it appears and inserting 
        ``Administrator'';
            (6) in section 602(a) (42 U.S.C. 5195a(a))--
                    (A) in paragraph (4), by striking ``Director'' and 
                inserting ``Administrator''; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.'';
            (7) in sections 603 through 613 (42 U.S.C. 5195b et seq.), 
        by striking ``Director'' each place it appears and inserting 
        ``Administrator'';
            (8) in sections 616 and 621 (42 U.S.C. 5196f and 5197), by 
        striking ``Director'' each place it appears and inserting 
        ``Administrator'';
            (9) in section 622 (42 U.S.C. 5197a)--
                    (A) in subsection (a), by striking ``Director'' 
                each place it appears and inserting ``Administrator'';
                    (B) in subsection (b), by striking ``Director'' and 
                inserting ``Administrator''; and
                    (C) in subsection (c)--
                            (i) by striking ``Director'' the first 
                        place it appears and inserting 
                        ``Administrator''; and
                            (ii) by striking ``Director of the Federal 
                        Emergency Management Agency'' each place it 
                        appears and inserting ``Administrator'';
            (10) in sections 623 and 624 (42 U.S.C. 5197b and 5197c), 
        by striking ``Director'' each place it appears and inserting 
        ``Administrator''; and
            (11) in section 629 (42 U.S.C. 5197h), by striking 
        ``Director'' each place it appears and inserting 
        ``Administrator''.
    (c) Program Eligibility.--Section 203(e) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)) is 
amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) Flood control projects.--
                    ``(A) In general.--A State may use not more than 25 
                percent of the financial assistance under this section 
                made available to the State in a fiscal year (including 
                any such financial assistance made available to local 
                governments of the State) for flood control projects.
                    ``(B) Definition.--In this paragraph, the term 
                `flood control project'--
                            ``(i) means--
                                    ``(I) a project relating to the 
                                construction, demolition, repair, or 
                                improvement of a dam, dike, levee, 
                                floodwall, seawall, groin, jetty, or 
                                breakwater;
                                    ``(II) a waterway channelization; 
                                or
                                    ``(III) an erosion project relating 
                                to beach nourishment or renourishment; 
                                and
                            ``(ii) does not include any project the 
                        maintenance of which is the responsibility of a 
                        Federal department or agency, including the 
                        Corps of Engineers.''.

SEC. 903. COMMUNITY PREPAREDNESS.

    Title V of the Homeland Security Act of 2002 (6 U.S.C. 311), as 
amended by section 901 of this Act, is amended by adding at the end the 
following:

``SEC. 526. COMMUNITY PREPAREDNESS.

    ``(a) In General.--The Administrator shall assist State, local, and 
tribal governments in enhancing and promoting the preparedness of 
individuals and communities for natural disasters, acts of terrorism, 
and other man-made disasters.
    ``(b) Coordination.--Where appropriate, the Administrator shall 
coordinate with private sector and nongovernmental organizations to 
promote community preparedness.
    ``(c) Director.--The Administrator shall appoint a Director of 
Community Preparedness to coordinate and oversee the Agency's community 
preparedness activities.''.

SEC. 904. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    (a) In General.--Title XX of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.), as amended by section 804 of this Act, is amended 
by adding at the end the following:

``SEC. 2042. METROPOLITAN MEDICAL RESPONSE SYSTEM.

    ``(a) In General.--There is in the Department a Metropolitan 
Medical Response System, which shall assist State, local, and tribal 
governments in preparing for and responding to mass casualty incidents 
resulting from natural disasters, acts of terrorism and other man-made 
disasters.
    ``(b) Financial Assistance.--
            ``(1) Authorization of grants.--
                    ``(A) In general.--The Secretary, through the 
                Administrator, may make grants under this section to 
                State, local, and tribal governments to assist in 
                preparing for and responding to mass casualty incidents 
                resulting from natural disasters, acts of terrorism, 
                and other man-made disasters.
                    ``(B) Consultation.--In developing guidance for 
                grants authorized under this section, the Administrator 
                shall consult with the Chief Medical Officer.
            ``(2) Use of funds.--
                    ``(A) In general.--A grant made under this section 
                may be used in support of public health and medical 
                preparedness, including--
                            ``(i) medical surge capacity;
                            ``(ii) mass prophylaxis;
                            ``(iii) chemical, biological, radiological, 
                        nuclear, and explosive detection, response, and 
                        decontamination capabilities;
                            ``(iv) mass triage;
                            ``(v) planning;
                            ``(vi) information sharing and 
                        collaboration capabilities;
                            ``(vii) medicinal stockpiling;
                            ``(viii) fatality management;
                            ``(ix) training and exercises;
                            ``(x) integration and coordination of the 
                        activities and capabilities of public health 
                        personnel and medical care providers with those 
                        of other emergency response providers as well 
                        as private sector and nonprofit organizations; 
                        and
                            ``(xi) such other activities as the 
                        Administrator may provide.
            ``(3) Eligibility.--
                    ``(A) In general.--Any jurisdiction that received 
                funds through the Metropolitan Medical Response System 
                in fiscal year 2008 shall be eligible to receive a 
                grant under this section.
                    ``(B) Additional jurisdictions.--
                            ``(i) Unrepresented states.--
                                    ``(I) In general.--For any State in 
                                which no jurisdiction received funds 
                                through the Metropolitan Medical 
                                Response System in fiscal year 2008, or 
                                in which funding was received only 
                                through another State, the metropolitan 
                                statistical area in such State with the 
                                largest population shall be eligible to 
                                receive a grant under this section.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2009 through 2011, no 
                                jurisdiction that would otherwise be 
                                eligible to receive grants under 
                                subclause (I) shall receive a grant 
                                under this section if it would result 
                                in any jurisdiction under subparagraph 
                                (A) receiving less funding than such 
                                jurisdiction received in fiscal year 
                                2008.
                            ``(ii) Other jurisdictions.--
                                    ``(I) In general.--The 
                                Administrator, at the discretion of the 
                                Administrator, may determine that 
                                additional jurisdictions are eligible 
                                to receive grants under this section.
                                    ``(II) Limitation.--For each of 
                                fiscal years 2009 through 2011, the 
                                eligibility of any additional 
                                jurisdiction to receive grants under 
                                this section is subject to the 
                                availability of appropriations beyond 
                                that necessary to--
                                            ``(aa) ensure that each 
                                        jurisdiction eligible to 
                                        receive a grant under 
                                        subparagraph (A) does not 
                                        receive less funding than such 
                                        jurisdiction received in fiscal 
                                        year 2008; and
                                            ``(bb) provide grants to 
                                        jurisdictions eligible under 
                                        clause (i).
                    ``(C) Regional coordination.--The Administrator 
                shall ensure that each recipient of a grant under this 
                section, as a condition of receiving such grant, is 
                actively coordinating its preparedness efforts with 
                surrounding jurisdictions, with the government of the 
                State in which the jurisdiction is located, and with 
                emergency response providers from all relevant 
                disciplines, to effectively enhance regional 
                preparedness.
            ``(4) Distribution of funds.--
                    ``(A) Allocation.--For each fiscal year, the 
                Administrator shall allocate funds for grants under 
                this section among eligible jurisdictions in the same 
                manner that such allocations were made in fiscal year 
                2008.
                    ``(B) State distribution of funds.--
                            ``(i) In general.--The Administrator shall 
                        distribute grant funds under this section to 
                        the State in which the jurisdiction receiving a 
                        grant under this section is located.
                            ``(ii) Pass through.--Subject to clause 
                        (iii), not later than 45 days after the date on 
                        which a State receives grant funds under clause 
                        (i), the State shall provide the jurisdiction 
                        receiving the grant 100 percent of the grant 
                        funds.
                            ``(iii) Exception.--The Administrator, in 
                        the discretion of the Administrator, may permit 
                        a State to provide to a jurisdiction receiving 
                        a grant under this section 90 percent of the 
                        grant funds awarded if doing so would not 
                        result in any jurisdiction eligible for a grant 
                        under paragraph (3)(A) receiving less funding 
                        than such jurisdiction received in fiscal year 
                        2008.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program--
            ``(1) $75,000,000 for each of fiscal years 2009 through 
        2013; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2014 and 2015.''.
    (b) Program Review.--
            (1) In general.--The Administrator and the Chief Medical 
        Officer shall conduct a review of the Metropolitan Medical 
        Response System authorized under section 2042 of the Homeland 
        Security Act of 2002, as added by subsection (a), including an 
        examination of--
                    (A) the goals and objectives of the Metropolitan 
                Medical Response System;
                    (B) the extent to which the goals and objectives 
                are being met;
                    (C) the performance metrics that can best help 
                assess whether the Metropolitan Medical Response System 
                is succeeding;
                    (D) how the Metropolitan Medical Response System 
                can be improved;
                    (E) how the Metropolitan Medical Response System 
                does or does not relate to other Department-supported 
                preparedness programs;
                    (F) how eligibility for financial assistance, and 
                the allocation of financial assistance, under the 
                Metropolitan Medical Response System, should be 
                determined; and
                    (G) the resource requirements of the Metropolitan 
                Medical Response System.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator and the Chief Medical 
        Officer shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a report on 
        the results of the review under this subsection.
    (c) Technical and Conforming Amendment.--Section 635 of the Post-
Katrina Management Reform Act of 2006 (6 U.S.C. 723) is repealed.

SEC. 905. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.

    Section 661(d) of the Post-Katrina Emergency Management Reform Act 
of 2006 (6 U.S.C. 761(d)) is amended by striking ``2008'' and inserting 
``2009''.

SEC. 906. CLARIFICATION ON USE OF FUNDS.

    Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Grants'' and all that follows through 
                ``used'' and inserting the following: ``The 
                Administrator shall permit the recipient of a grant 
                under section 2003 or 2004 to use grant funds''; and
                    (B) in paragraph (10), by inserting ``, regardless 
                of whether such analysts are current or new full-time 
                employees or contract employees'' after ``analysts''; 
                and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Limitations on discretion.--
                    ``(A) In general.--With respect to the use of 
                amounts awarded to a grant recipient under section 2003 
                or 2004 for personnel costs in accordance with 
                paragraph (2) of this subsection, the Administrator may 
                not--
                            ``(i) impose a limit on the amount of the 
                        award that may be used to pay for personnel, or 
                        personnel-related, costs that is higher or 
                        lower than the percent limit imposed in 
                        paragraph (2)(A); or
                            ``(ii) impose any additional limitation on 
                        the portion of the funds of a recipient that 
                        may be used for a specific type, purpose, or 
                        category of personnel, or personnel-related, 
                        costs.
                    ``(B) Analysts.--If amounts awarded to a grant 
                recipient under section 2003 or 2004 are used for 
                paying salary or benefits of a qualified intelligence 
                analyst under subsection (a)(10), the Administrator 
                shall make such amounts available without time 
                limitations placed on the period of time that the 
                analyst can serve under the grant.''.

SEC. 907. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

    Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et 
seq.), as amended by section 904 of this Act, is amended by adding at 
the end the following:

``SEC. 2043. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

    ``(a) Establishment.--The Secretary, through the Administrator, is 
authorized to provide equipment, equipment training, and equipment 
technical assistance to assist State and local law enforcement and 
other emergency response providers in preventing, preparing for, 
protecting against, responding to, and recovering from natural 
disasters, acts of terrorism, and other man-made disasters.
    ``(b) Eligibility.--A law enforcement agency, fire department, 
emergency medical service, emergency management agency, public safety 
agency, or other emergency response agency shall be eligible to apply 
for direct equipment, training, and technical assistance under this 
section, if such an applicant--
            ``(1) has not received equipment funding or other 
        assistance under a grant under the Assistance to Firefighters 
        Grant Program during the 2-year period ending on the 
        application deadline for the Commercial Equipment Direct 
        Assistance Program in any fiscal year; and
            ``(2) has not received equipment funding, or other 
        assistance under a grant under section 2003 during the 2-year 
        period ending on the application deadline for the Commercial 
        Equipment Direct Assistance Program in any fiscal year.
    ``(c) Application.--
            ``(1) In general.--An applicant for direct equipment, 
        training, or technical assistance under this section shall 
        submit such information in support of the application as the 
        Administrator may require, including an explanation of how any 
        requested equipment will be used to support a system of mutual 
        aid among neighboring jurisdictions.
            ``(2) State concurrence.--
                    ``(A) In general.--An emergency response agency 
                submitting an application for direct equipment, 
                training, or technical assistance under this section 
                shall provide a copy of the application to the State 
                within which the agency is located not later than the 
                date on which the agency submits the application to the 
                Administrator.
                    ``(B) Notice.--If the Governor of a State 
                determines that the application of an emergency 
                response agency provided under subparagraph (A) is 
                inconsistent with the homeland security plan of that 
                State, or otherwise does not support the application, 
                not later than 30 days after receipt of that 
                application the Governor shall--
                            ``(i) notify the Administrator, in writing, 
                        of that fact; and
                            ``(ii) provide an explanation of the reason 
                        for not supporting the application.
    ``(d) Limitations on Direct Assistance.--
            ``(1) Training and technical assistance.--Not more than 40 
        percent of the amount appropriated pursuant to the 
        authorization of appropriations under this section in any 
        fiscal year may be used to pay for training and technical 
        assistance.
            ``(2) Voluntary consensus standards.--The Administrator may 
        not directly provide to a law enforcement or other emergency 
        response agency under this section equipment that does not meet 
        applicable voluntary consensus standards, unless the agency 
        demonstrates that there are compelling reasons for such 
        provision of equipment.
            ``(3) Prohibition and other use.--No amount appropriated 
        pursuant to the authorization of appropriations under this 
        section may be used for an assessment and validation program or 
        for any other purpose or program not provided for in this 
        section.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2009 through 2012.''.

SEC. 908. TASK FORCE FOR EMERGENCY READINESS.

    Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et 
seq.), as amended by section 903 of this Act, is amended by adding at 
the end the following:

``SEC. 527. TASK FORCE FOR EMERGENCY READINESS.

    ``(a) Definitions.--In this section--
            ``(1) the term `national planning scenarios' means the 
        national planning scenarios developed under section 645 of the 
        Post Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        745); and
            ``(2) the term `operational readiness' has the meaning 
        given that term in section 641 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 741).
    ``(b) Pilot Program.--
            ``(1) In general.--The Administrator, in coordination with 
        the Secretary of Defense, shall establish, for the purposes set 
        out in subsection (c), a Task Force for Emergency Readiness 
        pilot program for fiscal years 2010, 2011, and 2012.
            ``(2) Task force establishment.--Under the program 
        described in paragraph (1), the Administrator shall establish a 
        Task Force for Emergency Readiness in not fewer than 5 States.
            ``(3) Task force membership.--Each task force established 
        under the program under this subsection shall consist of--
                    ``(A) State and local emergency planners from the 
                applicable State, including National Guard planners in 
                State status, appointed by the Governor of the 
                applicable State;
                    ``(B) experienced emergency planners from the 
                Agency, designated by the Administrator, in conjunction 
                with the Regional Administrator for the applicable 
                State; and
                    ``(C) experienced emergency planners from the 
                Department of Defense, designated by the Secretary of 
                Defense, which may include civilian and military 
                personnel.
    ``(c) Purposes.--The purpose of the Task Force for Emergency 
Readiness pilot program authorized under subsection (b) is to assist 
each State participating in the pilot program in--
            ``(1) planning to prevent, prepare for, protect against, 
        respond to, and recover from catastrophic incidents, including, 
        as appropriate, incidents identified in the national planning 
        scenarios;
            ``(2) coordinating the planning efforts of the State with 
        those of other States;
            ``(3) coordinating planning efforts of the State with those 
        of the Federal Government;
            ``(4) using plans developed to respond to catastrophic 
        incidents for training and exercises consistent with section 
        648 of the Post-Katrina Emergency Management Reform Act of 2006 
        (6 U.S.C. 748); and
            ``(5) monitoring and improving the operational readiness of 
        the State, consistent with the national preparedness system 
        required by chapter 1 of subtitle C of title VI of the Post 
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741 
        et seq.).
    ``(d) Direction.--The planning activities of a task force 
established under this section shall be directed by the Governor of the 
applicable State.
    ``(e) Participating States.--The States participating in the Task 
Force for Emergency Readiness pilot program shall be selected--
            ``(1) by the Administrator, with the consent of the 
        Governor of the applicable State and in coordination with the 
        Regional Administrator of the applicable region of the Agency; 
        and
            ``(2) to the maximum extent practicable, from different 
        regions of the Agency.
    ``(f) Report.--Not later than 2 years after the date of enactment 
of the Department of Homeland Security Authorization Act of 2008 and 
2009, the Administrator, in conjunction with the Assistant Secretary of 
Defense for Homeland Defense, shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives a report on the 
implementation and effectiveness of the Task Force for Emergency 
Readiness pilot program, and shall provide recommendations for 
modifications to or expansion of the program.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 909. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--Section 514 of the Homeland Security Act of 2002 
(6 U.S.C. 321c) is amended by adding at the end the following:
    ``(d) Director of Grant Programs.--There shall be in the Agency a 
Director of Grant Programs, who shall be appointed by the President by 
and with the advice and consent of the Senate.''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
            (1) by inserting after the item relating to section 524 the 
        following:

``Sec. 525. National planning.
``Sec. 526. Community Preparedness.
``Sec. 527. Task force for emergency readiness.''; and
            (2) by adding after the item relating to section 2041, as 
        added by section 804 of this Act, the following:

``Sec. 2042. Metropolitan Medical Response System.
``Sec. 2043. Commercial Equipment Direct Assistance Program.''.

                TITLE X--NATIONAL BOMBING PREVENTION ACT

SEC. 1001. BOMBING PREVENTION.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 501 of this 
Act, is amended by adding at the end the following:

``SEC. 210G. OFFICE FOR BOMBING PREVENTION.

    ``(a) In General.--There is in the Department an Office for Bombing 
Prevention (in this section referred to as `the Office') within the 
Office of Infrastructure Protection.
    ``(b) Responsibilities.--The Office shall have the primary 
responsibility within the Department for enhancing the ability, and 
coordinating the efforts, of the Nation to deter, detect, prevent, 
protect against, and respond to terrorist explosive attacks, including 
by--
            ``(1) serving as the lead agency of the Department for 
        ensuring that programs designed to counter terrorist explosive 
        attacks nationwide, function together efficiently to meet the 
        evolving threat from explosives and improvised explosive 
        devices;
            ``(2) coordinating, in consultation with the National 
        Domestic Preparedness Consortium of the Department and in 
        coordination with the Attorney General, national and 
        intergovernmental bombing prevention training activities to 
        ensure those activities work toward achieving common national 
        goals;
            ``(3) conducting, in coordination with the Attorney 
        General, analysis of the capabilities and requirements 
        necessary for State and local governments to deter, prevent, 
        detect, protect against, and assist in any response to 
        terrorist explosive attacks by--
                    ``(A) maintaining a national analysis database on 
                the capabilities of bomb squads, explosive detection 
                canine teams, tactics teams, and public safety dive 
                teams; and
                    ``(B) applying the analysis derived from the 
                database described in subparagraph (A) in--
                            ``(i) evaluating progress toward closing 
                        identified gaps relating to applicable national 
                        strategic goals and standards; and
                            ``(ii) informing decisions relating to 
                        homeland security policy, assistance, training, 
                        research, development efforts, and testing and 
                        evaluation, and related requirements;
            ``(4) promoting secure information sharing of sensitive 
        material relating to terrorist explosives and promoting 
        security awareness, including by--
                    ``(A) operating and maintaining a secure 
                information sharing system that allows the sharing of 
                critical information relating to terrorist explosive 
                attack tactics, techniques, and procedures;
                    ``(B) in consultation with the Attorney General, 
                educating the public and private sectors about 
                explosive precursor chemicals;
                    ``(C) working with international partners, in 
                coordination with the Office for International Affairs 
                of the Department and the Attorney General, to develop 
                and share effective practices to deter, prevent, 
                detect, protect, and respond to terrorist explosive 
                attacks; and
                    ``(D) executing national public awareness and 
                vigilance campaigns relating to terrorist explosive 
                threats, preventing explosive attacks, and activities 
                and measures underway to safeguard the Nation;
            ``(5) assisting, in consultation with the Administrator of 
        the Federal Emergency Management Agency, State and local 
        governments in developing multijurisdictional improvised 
        explosive devices security plans for high-risk jurisdictions;
            ``(6) helping to ensure, in coordination with the Under 
        Secretary for Science and Technology and the Administrator of 
        the Federal Emergency Management Agency, the identification and 
        availability of effective technology applications through field 
        pilot testing and acquisition of such technology applications 
        by Federal, State, and local governments to deter, prevent, 
        detect, protect, and respond to terrorist explosive attacks;
            ``(7) coordinating, in consultation with the Attorney 
        General, other departments and agencies of Federal, State, and 
        local government, and the private sector, the efforts of the 
        Department to assist in the development and promulgation of 
        national explosives detection canine training, certification, 
        and performance standards;
            ``(8) coordinating the efforts to implement within the 
        Department applicable explosives detection training, 
        certification, and performance standards;
            ``(9) ensuring the implementation of any recommendations 
        and responsibilities of the Department contained in the 
        national strategy described in section 210H, including 
        developing, maintaining, and tracking progress toward achieving 
        objectives to reduce the Nation's vulnerability to terrorist 
        attacks using explosives or improvised explosive devices; and
            ``(10) developing, in coordination with the Administrator 
        of the Federal Emergency Management Agency, programmatic 
        guidance and permitted uses for bombing prevention activities 
        funded by homeland security assistance administered by the 
        Department.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $25,000,000 for each of fiscal years 2009 
                through 2010; and
                    ``(B) such sums as are necessary for each fiscal 
                year thereafter.
            ``(2) Availability.--Amounts made available pursuant to 
        this subsection shall remain available until expended.

``SEC. 210H. NATIONAL STRATEGY.

    ``(a) In General.--The President shall develop and periodically 
update a national strategy to prevent and prepare for terrorist attacks 
in the United States using explosives or improvised explosive devices.
    ``(b) Development.--Not later than 90 days after the date of 
enactment of this section, the President shall develop the national 
strategy described in subsection (a).
    ``(c) Reporting.--Not later than 6 months after the date of 
submission of the report regarding each quadrennial homeland security 
review conducted under section 621(c), the President shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives a report regarding the national strategy described in 
subsection (a), which shall include recommendations, if any, for 
deterring, preventing, detecting, protecting against, and responding to 
terrorist attacks in the United States using explosives or improvised 
explosive devices, including any such recommendations relating to 
coordinating the efforts of Federal, State, local, and tribal 
governments, emergency response providers, and the private sector.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 210F, 
as added by section 501 of this Act, the following:

``Sec. 210G. Office for Bombing Prevention.
``Sec. 210H. National strategy.''.

SEC. 1002. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER.

    (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.), as amended by section 703 of this Act, is amended 
by adding at the end the following:

``SEC. 320. EXPLOSIVES RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, and in coordination with the 
Under Secretary for National Protection and Programs, the Attorney 
General, the Secretary of Defense, and the head of any other relevant 
Federal department or agency, shall--
            ``(1) evaluate and assess nonmilitary research, 
        development, testing, and evaluation activities of the Federal 
        Government relating to the detection and prevention of, 
        protection against, and response to explosive attacks within 
        the United States; and
            ``(2) make recommendations for enhancing coordination of 
        the research, development, testing, and evaluation activities 
        described in paragraph (1).
    ``(b) Military Research.--The Secretary, acting through the Under 
Secretary for Science and Technology, and in coordination with the 
Under Secretary for National Protection and Programs, shall coordinate 
with the Secretary of Defense, the Attorney General, and the head of 
any other relevant Federal department or agency to ensure that, to the 
maximum extent possible, military information and research, 
development, testing, and evaluation activities relating to the 
detection and prevention of, protection against, and response to 
explosive attacks, and the development of tools and technologies 
necessary to neutralize and disable explosive devices, are applied to 
nonmilitary uses.

``SEC. 321. TECHNOLOGY TRANSFER.

    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, and in coordination with the 
Under Secretary for National Protection and Programs and the Attorney 
General, shall establish a technology transfer program to facilitate 
the identification, modification, and commercialization of technology 
and equipment for use by State and local governmental agencies, 
emergency response providers, and the private sector to deter, prevent, 
detect, protect, and respond to explosive attacks within the United 
States.
    ``(b) Program.--The activities under the program established under 
subsection (a) shall include--
            ``(1) applying the analysis conducted under section 
        210G(b)(3) of the capabilities and requirements of bomb squads, 
        explosive detection canine teams, tactical teams, and public 
        safety dive teams of State and local governments, to assist in 
        the determination of training and technology requirements for 
        State and local governments, emergency response providers, and 
        the private sector;
            ``(2) identifying available technologies designed to deter, 
        prevent, detect, protect, or respond to explosive attacks that 
        have been, or are in the process of being, developed, tested, 
        evaluated, or demonstrated by the Department, other Federal 
        agencies, the private sector, foreign governments, or 
        international organizations;
            ``(3) reviewing whether a technology described in paragraph 
        (2) may be useful in assisting Federal, State, or local 
        governments, emergency response providers, or the private 
        sector in detecting, deterring, preventing, or responding to 
        explosive attacks;
            ``(4) communicating, in coordination with the Attorney 
        General, to Federal, State, and local governments, emergency 
        response providers, and the private sector the availability of 
        any technology described in paragraph (2), including providing 
        the specifications of such technology, indicating whether such 
        technology satisfies applicable standards, and identifying 
        grants, if any, available from the Department to purchase such 
        technology; and
            ``(5) developing and assisting in the deployment of 
        electronic countermeasures to protect high-risk critical 
        infrastructure and key resources.
    ``(c) Working Group.--To facilitate the transfer of military 
technologies, the Secretary, acting through the Under Secretary for 
Science and Technology, in coordination with the Attorney General and 
the Secretary of Defense, and in a manner consistent with protection of 
sensitive sources and methods, shall establish a working group, or use 
an appropriate interagency body in existence on the date of enactment 
of this section, to advise and assist in the identification of military 
technologies designed to deter, prevent, detect, protect, or respond to 
explosive attacks that are in the process of being developed, or are 
developed, by the Department of Defense or the private sector.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 319, 
as added by section 703 of this Act, the following:

``Sec. 320. Explosives research and development.
``Sec. 321. Technology transfer.''.

SEC. 1003. SAVINGS CLAUSE.

    Nothing in this title or the amendments made by this title may be 
construed to limit or otherwise affect the authorities or 
responsibilities of the Attorney General.

           TITLE XI--FEDERAL PROTECTIVE SERVICE AUTHORIZATION

SEC. 1101. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE PERSONNEL.

    (a) In General.--The Secretary shall ensure that--
            (1) in fiscal year 2009 the Federal Protective Service 
        maintains not fewer than 1,200 full-time equivalent employees, 
        including not fewer than 900 full-time equivalent police 
        officers, inspectors, area commanders, and criminal 
        investigators who, while working, are directly engaged on a 
        daily basis protecting and enforcing laws at Federal buildings; 
        and
            (2) in fiscal year 2010 the Federal Protective Service 
        maintains not fewer than 1,300 full-time equivalent employees, 
        including not fewer than 950 full-time equivalent police 
        officers, inspectors, area commanders, and criminal 
        investigators who, while working, are directly engaged on a 
        daily basis protecting and enforcing laws at Federal buildings.
    (b) Report.--
            (1) In general.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary shall submit a report on 
        recommendations for a funding structure for the Federal 
        Protective Service to--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives;
                    (D) the Committee on Homeland Security of the House 
                of Representatives; and
                    (E) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            (2) Contents.--The report submitted under this subsection 
        shall include--
                    (A) an evaluation of whether all, part, or none of 
                the Federal Protective Service should be funded by fee 
                collections, direct appropriations, or an alternative 
                funding mechanism;
                    (B) an evaluation of the basis for assessing any 
                security fees charged to agencies which utilize the 
                Federal Protective Service, including whether such fees 
                should be assessed based on square footage of 
                facilities or by some other means; and
                    (C) an evaluation of assessing an enhanced security 
                fee, in addition to a basic security fee, to facilities 
                or agencies which require an enhanced level of service 
                from the Federal Protective Service.
    (c) Adjustment of Fees.--The Federal Protective Service shall 
adjust fees as necessary to ensure collections are sufficient to carry 
out subsection (a).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a)--
            (1) $650,000,000 for fiscal year 2009; and
            (2) $675,000,000 for fiscal year 2010.
    (e) Savings Clause.--Nothing in this section shall prohibit the 
Federal Protective Service from continuing to provide reimbursable 
security and law enforcement services as requested by other Federal 
agencies and organizations, without limitation to the appropriations 
authorized by this section.

SEC. 1102. REPORT ON PERSONNEL NEEDS OF THE FEDERAL PROTECTIVE SERVICE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall enter into a contract with an 
independent consultant to--
            (1) prepare a report that recommends the appropriate level 
        and composition of staffing required to accomplish the law 
        enforcement response, proactive patrols, 24-hour service in 
        major metropolitan areas, support to building security 
        committees, assistance with emergency plans, supervision and 
        monitoring of contract guards, implementation and maintenance 
        of security systems and countermeasures, and other missions of 
        the Federal Protective Service, including recommendations for 
        full-time equivalent police officers, inspectors, area 
        commanders, criminal investigators, canine units, 
        administrative and support staff, and contract security guards; 
        and
            (2) submit the report to--
                    (A) the Secretary;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives;
                    (D) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    (E) the Committees on Appropriations of the Senate 
                and the House of Representatives.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.

SEC. 1103. AUTHORITY FOR FEDERAL PROTECTIVE SERVICE OFFICERS AND 
              INVESTIGATORS TO CARRY WEAPONS DURING OFF-DUTY TIMES.

    Section 1315(b)(2) of title 40, United States Code, is amended by 
striking ``While engaged in the performance of official duties, an'' 
and inserting ``An''.

SEC. 1104. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Amendments Relating to the Civil Service Retirement System.--
            (1) Definitions.--Section 8331 of title 5, United States 
        Code, as amended by section 815 of this Act, is amended by 
        adding at the end the following:
            ``(34) `Federal protective service officer' means an 
        employee in the Federal Protective Service, Department of 
        Homeland Security--
                    ``(A) who holds a position within the GS-0083, GS-
                0080, GS-1801, or GS-1811 job series (determined 
                applying the criteria in effect as of September 1, 2007 
                or any successor position; and
                    ``(B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of duties 
                related to the protection of buildings, grounds and 
                property that are owned, occupied, or secured by the 
                Federal Government (including any agency, 
                instrumentality or wholly owned or mixed-ownership 
                corporation thereof) and the persons on the property, 
                including any such employee who is transferred directly 
                to a supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties in 1 or more positions (as described under 
                subparagraph (A)) for at least 3 years.''.
            (2) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, as amended by section 815 of 
        this Act, is amended--
                    (A) in subsection (a)(1)(A), by inserting ``Federal 
                protective service officer,'' before ``or customs and 
                border protection officer,''; and
                    (B) in the table contained in subsection (c), by 
                adding at the end the following:


``Federal Protective Service Officer                      7.5   After June 29, 2009.''.
 

            (3) Mandatory separation.--The first sentence of section 
        8335(b)(1) of title 5, United States Code, as amended by 
        section 815 of this Act, is amended by inserting ``Federal 
        protective service officer,'' before ``or customs and border 
        protection officer,''.
            (4) Immediate retirement.--Section 8336 of title 5, United 
        States Code, as amended by section 815 of this Act, is 
        amended--
                    (A) in subsection (c)(1), by inserting ``Federal 
                protective service officer,'' before ``or customs and 
                border protection officer,''; and
                    (B) in subsections (m) and (n), by inserting ``as a 
                Federal protective service officer,'' before ``or as a 
                customs and border protection officer,''.
    (b) Amendments Relating to the Federal Employees Retirement 
System.--
            (1) Definitions.--Section 8401 of title 5, United States 
        Code, as amended by section 815 of this Act, is amended by 
        adding at the end the following:
            ``(39) `Federal protective service officer' means an 
        employee in the Federal Protective Service, Department of 
        Homeland Security--
                    ``(A) who holds a position within the GS-0083, GS-
                0080, GS-1801, or GS-1811 job series (determined 
                applying the criteria in effect as of September 1, 2007 
                or any successor position; and
                    ``(B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of duties 
                related to the protection of buildings, grounds and 
                property that are owned, occupied, or secured by the 
                Federal Government (including any agency, 
                instrumentality or wholly owned or mixed-ownership 
                corporation thereof) and the persons on the property, 
                including any such employee who is transferred directly 
                to a supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties in 1 or more positions (as described under 
                subparagraph (A)) for at least 3 years.''.
            (2) Immediate retirement.--Paragraphs (1) and (2) of 
        section 8412(d) of title 5, United States Code, as amended by 
        section 815 of this Act, are amended by inserting ``Federal 
        protective service officer,'' before ``or customs and border 
        protection officer,''.
            (3) Computation of basic annuity.--Section 8415(h)(2) of 
        title 5, United States Code, as amended by section 815 of this 
        Act, is amended by inserting ``Federal protective service 
        officer,'' before ``or customs and border protection 
        officer,''.
            (4) Deductions from pay.--The table contained in section 
        8422(a)(3) of title 5, United States Code, as amended by 
        section 815 of this Act, is amended by adding at the end the 
        following:


``Federal Protective Service Officer                      7.5   After June 29, 2009.''.
 

            (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
        of section 8423(a) of title 5, United States Code, as amended 
        by section 815 of this Act, are amended by inserting ``Federal 
        protective service officer,'' before ``customs and border 
        protection officer,'' each place it appears.
            (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
        United States Code, as amended by section 815 of this Act, is 
        amended--
                    (A) by inserting ``Federal protective service 
                officer who,'' before ``or customs and border 
                protection officer,'' the first place it appears; and
                    (B) inserting ``Federal protective service 
                officer,'' before ``or customs and border protection 
                officer,'' the second place it appears.
    (c) Maximum Age for Original Appointment.--Section 3307 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(h) The Secretary of Homeland Security may determine and fix the 
maximum age limit for an original appointment to a position as a 
Federal protective service officer, as defined by section 8401(39).''.
    (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the Director of 
the Office of Personnel Management in consultation with the Secretary.
    (e) Effective Date; Transition Rules; Funding.--
            (1) Effective date.--The amendments made by this section 
        shall become effective on the later of June 30, 2009, or the 
        first day of the first pay period beginning at least 6 months 
        after the date of the enactment of this Act.
            (2) Transition rules.--
                    (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The amendments made 
                by subsections (a)(3) and (b)(6), respectively, shall 
                not apply to an individual first appointed as a Federal 
                protective service officer before the effective date 
                under paragraph (1).
                    (B) Treatment of prior federal protective service 
                officer service.--
                            (i) General rule.--Except as provided in 
                        clause (ii), nothing in this section shall be 
                        considered to apply with respect to any service 
                        performed as a Federal protective service 
                        officer before the effective date under 
                        paragraph (1).
                            (ii) Exception.--Service described in 
                        section 8331(34) and 8401(39) of title 5, 
                        United States Code (as amended by this section) 
                        rendered before the effective date under 
                        paragraph (1) may be taken into account to 
                        determine if an individual who is serving on or 
                        after such effective date then qualifies as a 
                        Federal protective service officer by virtue of 
                        holding a supervisory or administrative 
                        position in the Department of Homeland 
                        Security.
                    (C) Minimum annuity amount.--The annuity of an 
                individual serving as a Federal protective service 
                officer on the effective date under paragraph (1) 
                pursuant to an appointment made before that date shall, 
                to the extent that its computation is based on service 
                rendered as a Federal protective service officer on or 
                after that date, be at least equal to the amount that 
                would be payable to the extent that such service is 
                subject to the Civil Service Retirement System or 
                Federal Employees Retirement System, as appropriate, by 
                applying section 8339(d) of title 5, United States 
                Code, with respect to such service.
                    (D) Rule of construction.--Nothing in the amendment 
                made by subsection (c) shall be considered to apply 
                with respect to any appointment made before the 
                effective date under paragraph (1).
            (3) Fees and authorizations of appropriations.--
                    (A) Fees.--The Federal Protective Service shall 
                adjust fees as necessary to ensure collections are 
                sufficient to carry out amendments made in this 
                section.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this section.
            (4) Election.--
                    (A) Incumbent defined.--For purposes of this 
                paragraph, the term ``incumbent'' means an individual 
                who is serving as an Federal protective service officer 
                on the date of the enactment of this Act.
                    (B) Notice requirement.--Not later than 30 days 
                after the date of the enactment of this Act, the 
                Director of the Office of Personnel Management shall 
                take measures reasonably designed to ensure that 
                incumbents are notified as to their election rights 
                under this paragraph, and the effect of making or not 
                making a timely election.
                    (C) Election available to incumbents.--
                            (i) In general.--An incumbent may elect, 
                        for all purposes, either--
                                    (I) to be treated in accordance 
                                with the amendments made by subsection 
                                (a) or (b), as applicable; or
                                    (II) to be treated as if 
                                subsections (a) and (b) had never been 
                                enacted.
                            (ii) Failure to make a timely election.--
                        Failure to make a timely election under clause 
                        (i) shall be treated in the same way as an 
                        election made under clause (i)(I) on the last 
                        day allowable under clause (iii).
                            (iii) Deadline.--An election under this 
                        subparagraph shall not be effective unless it 
                        is made at least 14 days before the effective 
                        date under paragraph (1).
            (5) Definition.--For the purposes of this subsection, the 
        term ``Federal protective service officer'' has the meaning 
        given such term by section 8331(34) or 8401(39) of title 5, 
        United States Code (as amended by this section).
            (6) Exclusion.--Nothing in this section or any amendment 
        made by this section shall be considered to afford any election 
        or to otherwise apply with respect to any individual who, as of 
        the day before the date of the enactment of this Act--
                    (A) holds a positions within the Federal Protective 
                Service; and
                    (B) is considered a law enforcement officers for 
                purposes of subchapter III of chapter 83 or chapter 84 
                of title 5, United States Code, by virtue of such 
                position.

SEC. 1105. FEDERAL PROTECTIVE SERVICE CONTRACTS.

    (a) Prohibition on Award of Contracts to Any Business Concern 
Owned, Controlled, or Operated by an Individual Convicted of a 
Felony.--
            (1) In general.--The Secretary, acting through the 
        Assistant Secretary of U.S. Immigration and Customs 
        Enforcement--
                    (A) shall promulgate regulations establishing 
                guidelines for the prohibition of contract awards for 
                the provision of guard services under the contract 
                security guard program of the Federal Protective 
                Service to any business concern that is owned, 
                controlled, or operated by an individual who has been 
                convicted of a felony; and
                    (B) may consider permanent or interim prohibitions 
                when promulgating the regulations.
            (2) Contents.--The regulations under this subsection 
        shall--
                    (A) identify which serious felonies may prohibit a 
                contractor from being awarded a contract;
                    (B) require contractors to provide information 
                regarding any relevant felony convictions when 
                submitting bids or proposals; and
                    (C) provide guidelines for the contracting officer 
                to assess present responsibility, mitigating factors, 
                and the risk associated with the previous conviction, 
                and allow the contracting officer to award a contract 
                under certain circumstances.
    (b) Regulations.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall issue regulations to carry 
out this section.
    (c) Report on Government-Wide Applicability.--Not later than 18 
months after the date of enactment of the Act, the Administrator for 
Federal Procurement Policy shall submit a report on establishing 
similar guidelines government-wide to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            (2) the Committee on Oversight and Government Reform of the 
        House of Representatives.
                                 <all>