[Congressional Record Volume 154, Number 149 (Thursday, September 18, 2008)]
[Senate]
[Pages S9034-S9036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for Mr. Biden):
  S. 3524. A bill to improve the Office for State and Local Law 
Enforcement, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. BIDEN. Mr. President, since September 11, 2001, our Nation has 
taken significant steps to improve our national security. However, to 
improve our ability to prevent and respond to a future terrorist attack 
we need to fundamentally change the working relationship between our 
Federal, State, local, and tribal law enforcement agencies. The 
Homeland Security and Law

[[Page S9035]]

Enforcement Improvements Act of 2008 will do this by making State, 
local, and tribal law enforcement agencies full partners with Federal 
agencies in homeland security policymaking and by ensuring that these 
agencies have the resources they need to prevent and respond to 
terrorist attacks or other major incidents.
  As chairman of the Judiciary Subcommittee on Crime and Drugs, I 
regularly talk to police chiefs and sheriffs throughout this country. 
These men and women are on the front lines of protecting our 
communities from a host of dangers in these difficult times. They know 
where our vulnerabilities are and what it will take to keep our 
families and neighborhoods safe, but, to put it simply, we haven't been 
listening. Policymakers haven't been listening to the people on the 
ground, leaving a critical gap in homeland security prevention, 
preparation, and incident response capabilities.
  The Homeland Security and Law Enforcement Improvements Act of 2008 
makes a number of important improvements to this situation that I 
believe will strengthen our ability to prevent and, if necessary, 
effectively respond to a major terrorist incident.
  First, the act will ensure that state and local law enforcement 
agencies are full partners in both crime fighting and homeland security 
by giving the Assistant Secretary for State and Local Law Enforcement 
the appropriate budget and program management authority.
  Second, the act will ensure that state and local law enforcement 
agencies have the resources needed to prevent and respond to terrorist 
acts by fully funding the Law Enforcement Terrorism Prevention Program, 
LETP, as a separate initiative. The LETPP is the only funding resource 
in the Department of Homeland Security dedicated solely to meeting the 
unique needs of law enforcement as they try to protect our communities 
from terrorism.
  Third, the act ensures that first responders in local law enforcement 
have the resources they need to effectively react to a terrorist 
incident by establishing the Commercial Equipment Direct Assistance 
Program, CEDAP, as an authorized program. The CEDAP provides funding 
that allows law enforcement first responders to identify and select 
specialized equipment and technology that can help them protect the 
communities they serve.
  Fourth, the act will ensure that we have a swift and coordinated 
response in the event of a major incident by establishing Law 
Enforcement Deployment Teams that can react immediately to major 
incidents throughout the country.
  Fifth, the act will create an Information Sharing Resource Center to 
facilitate information sharing between Federal, State, local, and 
tribal law enforcement agencies, intelligence officials, and Federal 
agencies so that every stakeholder has the information necessary to 
protect our country from terrorist attacks.
  Finally, the Act strengthens our ability to prevent and disrupt plans 
for attacks against America hatched overseas by establishing a Foreign 
Liaison Officers Against Terrorism, FLOAT, program. FLOAT will allow 
American state and local law enforcement officers to serve outside the 
U.S. as liaison officers--working closely with their foreign law 
enforcement counterparts to share information and gain a better 
understanding of how terrorists work abroad.
  Each of these initiatives: the LETPP, CEDAP, the Law Enforcement 
Deployment Teams, the Information Sharing Resource Center, and FLOAT 
will be under the direction and control of the Assistant Secretary, who 
will report directly to the Secretary of the Department of Homeland 
Security.
  I am honored to introduce this legislation with the support of the 
U.S. Conference of Mayors, the National Association of Police 
Organizations, the National Sheriffs Association and other law 
enforcement groups throughout this country who toil daily to keep us 
safe from crime and terrorism.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3524

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

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

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

       Section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 
     607) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Office for State and Local Law Enforcement.--
       ``(1) Establishment.--There is established in the Office of 
     the Secretary an Office for State and Local Law Enforcement, 
     which shall be headed by an Assistant Secretary for State and 
     Local Law Enforcement.
       ``(2) Qualifications.--The Assistant Secretary for State 
     and Local Law Enforcement shall have an appropriate 
     background with experience in law enforcement, intelligence, 
     and other antiterrorist functions.
       ``(3) Assignment of personnel.--The Secretary may assign to 
     the Office for State and Local Law Enforcement permanent 
     staff and other appropriate personnel detailed from other 
     components of the Department to carry out the 
     responsibilities under this subsection.
       ``(4) Responsibilities.--The Assistant Secretary for State 
     and Local Law Enforcement shall--
       ``(A) lead the coordination of Department-wide policies 
     relating to the role of State and local law enforcement in 
     preventing, preparing for, protecting against, and responding 
     to natural disasters, acts of terrorism, and other man-made 
     disasters within the United States;
       ``(B) serve as a liaison between State, local, and tribal 
     law enforcement agencies and the Department;
       ``(C) work with the Office of Intelligence and Analysis to 
     ensure the intelligence and information sharing requirements 
     of State, local, and tribal law enforcement agencies are 
     being addressed;
       ``(D) work with the Administrator to ensure that homeland 
     security grants to State, local, and tribal government 
     agencies, including grants under sections 2003 and 2004 and 
     subsection (a) of this section, the Commercial Equipment 
     Direct Assistance Program, and grants to support fusion 
     centers and other law enforcement-oriented programs, are 
     adequately focused on terrorism prevention activities;
       ``(E) coordinate, in cooperation with the Federal Emergency 
     Management Agency and the Office of Intelligence and 
     Analysis, information sharing and fusion center training, 
     technical assistance, and other information sharing 
     activities to ensure needs of State, local, and tribal law 
     enforcement agencies and fusion centers are being met, 
     including the development of a Law Enforcement Information 
     Sharing Resource Center under paragraph (6);
       ``(F) carry out, in coordination with the Administrator, 
     the National Law Enforcement Deployment Team Program 
     established under paragraph (5); and
       ``(G) coordinate with the Federal Emergency Management 
     Agency, the Department of Justice, the National Institute of 
     Justice, law enforcement organizations, and other appropriate 
     entities to support the development, promulgation, and 
     updating, as necessary, of national voluntary consensus 
     standards for training and personal protective equipment to 
     be used in a tactical environment by law enforcement 
     officers.
       ``(5) National law enforcement deployment team program.--
       ``(A) Establishment.--The Assistant Secretary for State and 
     Local Law Enforcement shall establish a National Law 
     Enforcement Deployment Team Program to develop and implement 
     a series of Law Enforcement Deployment Teams comprised of 
     State and local law enforcement personnel capable of 
     providing immediate support in response to the threat or 
     occurrence of a natural or man-made incident.
       ``(B) Activities.--In carrying out the National Law 
     Enforcement Deployment Team Program, the Assistant Secretary 
     for State and Local Law Enforcement shall--
       ``(i) consult with State and local law enforcement and 
     public safety agencies and other relevant stakeholders as to 
     the capabilities required by a Law Enforcement Deployment 
     Team;
       ``(ii) develop and implement a model Law Enforcement 
     Deployment Team located in a region of the Federal Emergency 
     Management Agency selected by the Assistant Secretary;
       ``(iii) exercise and train the Law Enforcement Deployment 
     Teams;
       ``(iv) create model policies and procedures, templates, and 
     general policies and procedures and document best practices 
     that can be applied to the development of Law Enforcement 
     Deployment Teams in each region of the Federal Emergency 
     Management Agency;
       ``(v) develop an implementation strategy to support the 
     development, overall management, equipment, infrastructure, 
     and training needs of a National Law Enforcement Deployment 
     Team Program, including the development of a technical 
     assistance and training program; and

[[Page S9036]]

       ``(vi) not later than 6 months after the date of enactment 
     of the Homeland Security and Law Enforcement Improvements Act 
     of 2008, and before implementation of the National Law 
     Enforcement Deployment Team Program in any region of the 
     Federal Emergency Management Agency other than the region 
     selected under clause (ii), submit to the Committee on 
     Homeland Security and Government Affairs and the Committee on 
     the Judiciary of the Senate and the Committee on Homeland 
     Security and the Committee on the Judiciary of the House of 
     Representatives a report on the National Law Enforcement 
     Deployment Team Program, which shall include the 
     implementation strategy described in clause (v).
       ``(C) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph--
       ``(i) $5,000,000 for each of fiscal years 2009 and 2010; 
     and
       ``(ii) such sums as are necessary for each of fiscal years 
     2011 through 2015.
       ``(6) Law enforcement information sharing resource 
     center.--
       ``(A) Establishment.--There is established within the 
     Office for State and Local Law Enforcement, the Law 
     Enforcement Information Sharing Resource Center to provide 
     technical assistance relating to information sharing and 
     intelligence with and between State, local, and tribal law 
     enforcement agencies and Federal agencies.
       ``(B) Activities.--In carrying out the Law Enforcement 
     Information Sharing Resource Center, the Assistant Secretary 
     for State and Local Law Enforcement shall--
       ``(i) develop a single repository within the Department to 
     house all relevant guidance, templates, examples, best 
     practices, data sets, analysis tools, and other fusion center 
     and information sharing related items;
       ``(ii) consult with State and local law enforcement 
     agencies in the development of the Law Enforcement 
     Information Sharing Resource Center;
       ``(iii) consolidate access to Department resources within 
     the Law Enforcement Information Sharing Resource Center;
       ``(iv) provide technical assistance to law enforcement and 
     public safety agencies; and
       ``(v) coordinate, in coordination with the Federal 
     Emergency Management Agency and the Office of Intelligence 
     and Analysis, intelligence, information sharing, and fusion 
     center related training, technical assistance, exercise, and 
     other services provided to State and local law enforcement 
     and other agencies developing or operating fusion centers and 
     intelligence units.
       ``(C) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph--
       ``(i) $3,000,000 for fiscal year 2009;
       ``(ii) $3,500,000 for fiscal year 2010; and
       ``(iii) such sums as are necessary for each of fiscal years 
     2011 through 2015.
       ``(7) Foreign liaison officers against terrorism 
     programs.--
       ``(A) Establishment.--There is established within the 
     Office of State and Local Law Enforcement, the Foreign 
     Liaison Officers Against Terrorism Program.
       ``(B) Duties.--In carrying out the Foreign Liaison Officers 
     Against Terrorism Program the Assistant Secretary for State 
     and Local Law Enforcement shall--
       ``(i) identify foreign cities the government of which 
     desires a State, local, or tribal law enforcement agency to 
     assign an officer to the foreign city, to share information 
     with law enforcement agencies of State, local, and tribal 
     governments; and
       ``(ii) assign each foreign city identified under clause (i) 
     to a law enforcement agency participating in the Foreign 
     Liaison Officers Against Terrorism Program, to--

       ``(I) obtain information relevant to law enforcement 
     agencies of State, local, and tribal governments from each 
     such city for information sharing purposes; and
       ``(II) share information obtained under subclause (I) with 
     other law enforcement agencies participating in the Foreign 
     Liaison Officers Against Terrorism Program.

       ``(C) Use of grant funds.--A grant awarded under section 
     2003 may be used for the costs of participation in the 
     Foreign Liaison Officers Against Terrorism Program 
     established under subparagraph (A).''.

     SEC. 4. LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.

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

     SEC. 5. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

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

                     ``Subtitle C--Other Assistance

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

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