II 110th CONGRESS 2d Session S. 3623 IN THE SENATE OF THE UNITED STATES September 26 (legislative day, September 17), 2008 Mr. Lieberman (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize appropriations for the Department of Homeland Security for fiscal years 2008 and 2009, and for other purposes.

1.

Short title

This Act may be cited as the Department of Homeland Security Authorization Act of 2008 and 2009.

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.

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-protégé 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.

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

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: B

Operations Coordination and Planning

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.

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.

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.

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. .

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:

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.

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. .

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. .

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.

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.