[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9685-S9708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Levin, and Mr. Brown):
  S. 3622. A bill to establish a grant program to promote the 
conservation of the Great Lakes and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DURBIN. Mr. President, today I am introducing the Great Lakes 
Conservation Education Act.
  From orbit in space, the Great Lakes are the most recognizable 
feature of the North American landscape. And no wonder. The Great Lakes 
are the largest single source of fresh surface water in the world. They 
hold 90 percent of America's fresh surface water. They hold 20 percent 
of the world's fresh surface water.
  Forty-two million people call the Great Lakes basin home and rely on 
it for clean, safe water.
  What is not evident from space, though, is the trash and other debris 
that litter the shorelines of the Great Lakes. Debris, in fact, is one 
of the most pervasive pollution problems affecting America's waterways. 
Debris detracts from the beauty of our Nation's coasts, threatens 
freshwater life, poses public health and safety concerns, and 
interferes with commercial and recreational boats and ships.
  Over the weekend, I participated in the Adopt-a-Beach clean-up on 
Lake Michigan. We started at Montrose Beach, stopped at both North Ave. 
and the 12th Street Beaches, and worked our way down to the 57th Street 
Beach. It was heartening to meet so many people who are committed to 
cleaning up the lake.
  The Adopt-a-Beach program is one volunteer effort to clean up the 
beaches of the Great Lakes and increase public awareness of the 
seriousness of the litter problem. The program is run by the Alliance 
for the Great Lakes, a group dedicated to the conservation and 
restoration of this national treasure.

[[Page S9686]]

  Adopt-a-Beach began in Illinois in 2002 and has quickly spread to 
neighboring states. It is a year-round program, but its chief event is 
a beach clean-up day each September, coordinated with the Ocean 
Conservancy's annual International Coastal Clean-up.
  Citizens, organizations, and businesses are working together on 
efforts to restore the Great Lakes shorelines clean. We need to expand 
on these efforts and educate people throughout the Great Lakes about 
how they can help to cleanup and restore the lakes.
  That is why I am introducing the Great Lakes Conservation Education 
Act. This bill would authorize a new program within the Department of 
Commerce to provide funding for non-governmental organizations, 
museums, school, consortiums, and others to support conservation 
education and outreach programs to restore the Great Lakes.
  I am looking forward to working with my colleagues to make this 
program a reality. We have a long way to go to restore the lakes and 
this legislation will make it possible for organizations through out 
the Great Lakes to educate students, teachers, and the general public 
about the steps they can take to improve the lakes.
  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. 3622

       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 ``Great Lakes Conservation 
     Education Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to establish a competitive grant 
     program to increase knowledge about, raise awareness of, and 
     educate the public on the importance of conservation of the 
     Great Lakes in order to improve the overall health of the 
     Great Lakes.

     SEC. 3. GREAT LAKES EDUCATION GRANTS.

       (a) Authority to Award.--The Secretary of Commerce is 
     authorized to award grants to eligible entities to carry out 
     eligible activities.
       (b) Eligible Entity Defined.--In this Act, the term 
     ``eligible entity'' means an educational entity or a 
     nonprofit nongovernmental organization, consortium, or other 
     entity that the Secretary of Commerce finds has a 
     demonstrated record of success in carrying out conservation 
     education or outreach programs.
       (c) Eligible Activity Defined.--In this Act, the term 
     ``eligible activity'' means an activity carried out in a 
     State, or across multiple States, that is adjacent to one of 
     the Great Lakes that provides hands-on or real world 
     experiences to increase knowledge about, raise awareness of, 
     or provide education regarding the importance of conservation 
     of the Great Lakes and on actions individuals can take to 
     promote such conservation, including--
       (1) educational activities for students that are consistent 
     with elementary and secondary learning standards established 
     by a State;
       (2) professional development activities for educators;
       (3) Great Lakes conservation activities that have been 
     identified by a State and adjacent States as a regional 
     priority; or
       (4) Great Lakes stewardship and place-based education 
     activities.
       (d) Use of Subcontractors.--An eligible entity awarded a 
     grant under subsection (a) to carry out an eligible activity 
     may utilize subcontractors to carry out such activity.

     SEC. 4. REPORTS.

       (a) Reports From Grantees.--The Secretary of Commerce may 
     require an eligible entity awarded a grant under section 3(a) 
     to submit to the Secretary a report describing each activity 
     that was carried out with the grant funds. The Secretary may 
     require such report to include information on any 
     subcontractor utilized by the eligible entity to carry out an 
     activity.
       (b) Reports From the Secretary.--Not later than December 
     31, 2010, and once every 3 years thereafter, the Secretary of 
     Commerce shall submit to Congress a report on the grant 
     program authorized by section 3(a). Each such report shall 
     include a description--
       (1) of the eligible activities carried out with grants 
     awarded under section 3(a) during the previous fiscal year 
     and an assessment of the success of such activities;
       (2) of the type of education and outreach programs carried 
     out with such grants, disaggregated by State; and
       (3) of the number of schools, and schools reached through a 
     formal partnership with an eligible entity awarded such a 
     grant, involved in carrying out such programs.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $15,000,000 for each 
     fiscal year to carry out this Act.
                                 F_____
                                 
  By Mr. LIEBERMAN (for himself and Ms. Collins): . 3623. A bill to 
authorize appropriations for the Department of Homeland Security for 
fiscal years 2008 and 2009, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce a bill to 
authorize appropriations for the Department of Homeland Security--the 
first comprehensive DHS authorization bill introduced in the Senate in 
the 5-year history of this agency created in response to the attacks of 
9/11.
  This bipartisan bill is cosponsored by my friend and colleague, 
ranking member Senator Susan Collins, who has long been one of the 
Senate's great leaders in our efforts to make our nation more secure.
  I understand there is not time in this session for full consideration 
and passage of this legislation but we offer it as a blueprint for the 
next administration and the 111th Congress outlining key areas of 
improvement we think can make DHS more efficient and effective in its 
mission to safeguard our homeland.
  Before I offer more detail on this bill, I would like to briefly 
review the history of the Department that has brought us to where we 
are today.
  The attacks of 9/11 made it clear that oceans are no longer a defense 
against those who mean to harm our Nation. After a series of hearings, 
the Homeland Security and Governmental Affairs Committee proposed 
legislation pulling more than 22 different agencies responsible for 
different areas of homeland defense into one Department whose 
overarching mission was the protection of the American people.
  Success was not guaranteed. The administration and many in Congress 
at first opposed the creation of a Department of Homeland Security. But 
we persevered in our mission and President Bush signed legislation 
creating the Department in January 2003.
  We all knew at the time that creating a new Department with a single 
identity out of 22 different agencies would be difficult. Each agency 
came into the Department with its own culture--not to mention its own 
procurement, personnel and computer systems. In some cases, they came 
after having been neglected in other Departments where homeland 
security had been an afterthought. There was, and remains, much work to 
be done.
  But over the past 5 years, the men and women who work at the 
Department, under the leadership first of Secretary Tom Ridge and now 
of Michael Chertoff, have worked hard, often under difficult 
circumstances, to systematically improve the Nation's security.
  Our committee has also written and helped pass several pieces of 
important legislation to strengthen and guide DHS as it evolved into a 
more mature agency. I would like to briefly mention some of them 
because I am proud of the Homeland Security and Governmental Affairs 
Committee's work under former Chairman Susan Collins and during my own 
tenure as chairman, because we truly worked as partners across party 
lines.
  In the 108th Congress, our committee led the effort to enact the 
recommendations of the National Commission on Terrorist Attacks upon 
the United States--otherwise known as the 9/11 Commission--a Commission 
which, had been created through the Committee's work in the previous 
Congress. The resulting Intelligence Reform and Terrorism Prevention 
Act of 2004 implemented most of the 41 recommendations of the 9/11 
Commission, including a number directed at the work of the new 
Department.
  In the 109th Congress, in the wake of the catastrophe of Hurricane 
Katrina, our committee conducted a far-reaching investigation into the 
actions at all levels of government that contributed to the disastrous 
response to the hurricane.
  The Homeland Security and Governmental Affairs Committee held 22 
hearings, interviewed hundreds of witnesses, reviewed hundreds of 
thousands of pages of documents, and issued a comprehensive, 700-page 
report on what went wrong.
  The committee's findings on shortcomings at FEMA and DHS led us to 
draft the Post-Katrina Emergency Management Reform Act, which 
strengthened and elevated FEMA within the Department, brought together

[[Page S9687]]

into a single agency those charged with preparing for disasters with 
those responsible for responding to them; required planning for 
catastrophic events; and helped ensure that the resources of the whole 
Department would be available in a catastrophe.
  The Post-Katrina Emergency Management Reform Act was signed into law 
in October 2006, and the results of that Act can be seen in the much 
improved--though admittedly still imperfect--Federal response to the 
series of recent tornadoes in the Midwest and devastating hurricanes 
that have hit the Gulf Coast.
  In the 109th Congress, our Committee helped draft and pass the SAFE 
Ports Act, to strengthen the Department's port security efforts, and we 
passed legislation to provide DHS authority to better secure dangerous 
chemical facilities.
  In this Congress, after many hearings and much hard work, legislation 
implementing the final recommendations of the 9/11 Commission was 
signed into law. This legislation addressed a diverse array of issues 
at DHS, from homeland security grants to information sharing to 
interoperable communications to transportation security.
  So while we offer this authorization bill as DHS readies for its 
sixth year as a department--and its first Presidential transition--this 
committee has been working hard all along to give DHS both the support 
it needed and the oversight--sometimes harsh--to steadily improve its 
capacity to carry out its critical mission.
  With this authorization act we continue that important work and I 
would like to touch on key portions of the bill.
  This bill can be summarized under three major themes: integration, 
accountability, and effectiveness.
  As I have already noted, we knew when we passed the Homeland Security 
Act that the process of creating a new, unified Department out of many 
diverse component agencies would be both challenging and time 
consuming--and the process is not yet complete. Therefore, a number of 
provisions of this bill would improve the integration of the 
Department. These provisions are collectively intended to help the 
Department to perform its missions at a level that is greater than the 
sum of its parts.
  First, the bill would create an Under Secretary for Policy, to ensure 
that there is policy coordination across the Department.
  The bill would also require the Secretary to develop and maintain the 
capability to coordinate operations and strategically plan across all 
of the component organizations of the Department. To this end, it 
permits the establishment of an Office of Operations Coordination and 
Planning within the Department, making it easier for the staffs of 
agencies such as the Coast Guard, Customs and Border Protection, CBP, 
Immigration and Customs Enforcement, ICE, and FEMA to work together on 
key operational activities, such as planning for the upcoming DHS 
transition.
  The bill would enhance the statutory authorities of the Chief 
Information Officer, allowing for greater control over IT investments 
in the Department. It also gives the Assistant Secretary for 
International Affairs of DHS new authority to coordinate the 
international activities of the Department. The bill would establish 
the Office of the Chief Learning Officer, who would coordinate training 
and workforce development activities on a Department-wide basis.
  Finally, the bill would require the establishment of a consolidated 
headquarters for the Department of Homeland Security, which is long 
overdue. Currently, the Department is spread throughout 70 buildings 
and 40 sites across the National Capital Region making communication, 
coordination, and cooperation among DHS components a significant 
challenge. The deplorable condition of the present headquarters complex 
also makes it harder for DHS to recruit and retain talented 
professionals--directly affecting homeland security--and I will 
continue to push Congress and the administration to get the funding 
necessary for the headquarters consolidation to proceed.
  The second major theme of the bill is accountability. The bill 
contains a number of provisions intended to enhance oversight and 
ensure that the Department is held accountable for the decisions that 
it makes.
  The bill requires that DHS have certified program managers for all 
major acquisition programs, and directs the Department to report to 
Congress on its use of various contracting authorities and on task 
orders within two of its major acquisition vehicles.
  The bill creates a statutory requirement for a formal investment 
review process within the Department, and for investments where there 
are significant technological challenges, requires a formal testing and 
evaluation process prior to investment. These provisions will help to 
ensure that the Department does not again move forward with costly 
acquisitions without first proving that the underlying technology will 
work.
  The bill also requires reports to Congress on a number of other 
activities, including the Comprehensive National Cybersecurity 
Initiative and the Department's efforts to improve minority 
representation among its employees.
  The third major theme of the bill is effectiveness. There are a 
number of homeland security mission areas where the Federal government 
needs new or expanded authorities to effectively address threats that 
face us.
  For example, the bill addresses growing concerns about the 
cybersecurity threat by establishing a robust National Cyber Security 
Center with the mission of coordinating and enhancing Federal efforts 
to protect government networks, and by enhancing the statutory 
authorities of the National Cyber Security Division.
  The bill would enhance our nation's border security by authorizing an 
increase in the number of CBP officers and ensuring that they receive 
sufficient and appropriate training. It also recognizes the essential 
work of the agriculture specialists at the border, who perform plant 
inspections and help protect against both devastating pests and 
potential bioterrorism events, authorizes an increase in the number of 
agriculture specialists and requires measures to improve their 
recruitment and retention.
  The bill addresses the threat of improvised explosive devices, IEDs, 
by including provisions that would authorize the DHS Office of Bombing 
Prevention, OBP, as well as authorize an increase in its budget to $25 
million. OBP would lead bombing prevention activities within DHS, and 
would coordinate with other Federal, State, and local agencies to 
ensure that existing gaps in Federal bombing prevention efforts are 
filled.
  Building upon changes already being implemented in the Post Katrina 
Act, the bill also seeks to continue improvement in the Nation's 
preparedness. It would require that DHS work with other Federal 
agencies to develop plans for responding to potential catastrophic 
scenarios, and would authorize a pilot program to assign National Guard 
planners to State emergency planning offices, to foster better State-
Federal planning coordination. In addition, it would authorize the 
Metropolitan Medical Rescue System to assist States and localities 
prepare for mass casualty events. It would reauthorize the Pre-Disaster 
Hazard Mitigation Program, which provides grants to States for 
mitigation measures designed to reduce losses in disasters.
  Collectively the measures in this bill will improve the ability of 
the Department to carry out its missions and become a more mature and 
effective entity.
  I believe that the reforms and enhancements contained in this 
legislation, along with continued, vigorous oversight, will make DHS a 
stronger agency in the years to come. And reform, not thoughtless 
reorganization, is the course future Ccngresses should follow when it 
comes to DHS. Five years into its mission, and ignoring some noticeable 
improvements in its performance, there are still those who believe DHS 
should be chopped up and its parts shipped off to other agencies.
  I believe that is exactly the wrong course to take. It makes no sense 
to disrupt the development of the Department, and weaken the hand of 
the next Secretary, at a time when the challenges she or he must face, 
from preventing nuclear terrorism, to securing our borders, to ensuring 
more effective responses to catastropies of all kinds remain daunting. 
It took decades for the Department of Defense to become a

[[Page S9688]]

coherent whole, and its work is still not complete. Just as DHS and its 
component arts are beginning to gel into an effective organization 
ready to deal with disasters visited upon our nation by nature or 
terrorists, it makes no sense to plunge responsibility for our homeland 
back into the chaos that existed before 9/11.
  This is a course I have fought and will fight in the years to come.
  In their report to the nation, the 9/11 Commissioners wrote: ``The 
men and women of the World War II generation rose to the challenges of 
the 1940s and the 1950s. They restructured the government so it could 
protect the country. That is now the job of the generation that 
experienced 9/11.''
  The Department of Homeland Security was part of that response to the 
new dangers we face and must remain so.
  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. 3623

       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;

[[Page S9689]]

       ``(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

[[Page S9690]]

     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;

[[Page S9691]]

       (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.

[[Page S9692]]

       (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--

[[Page S9693]]

       (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.

[[Page S9694]]

     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

[[Page S9695]]

     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.

[[Page S9696]]

       ``(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

[[Page S9697]]

     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

[[Page S9698]]

     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''.

[[Page S9699]]

       (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);

[[Page S9700]]

       (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

[[Page S9701]]

       (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      7.5  After April 1, 2009.''.
 agriculture 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        7.5  After April 1, 2009.
 agriculture 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

[[Page S9702]]

     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

[[Page S9703]]

     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

[[Page S9704]]

     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

[[Page S9705]]

       ``(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

[[Page S9706]]

     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.

[[Page S9707]]

     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         7.5  After June 29, 2009.''.
 Officer
 

       (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         7.5  After June 29, 2009.''.
 Officer
 

       (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--

[[Page S9708]]

       (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.
                                 ______