PUBLIC LAW 110–53—AUG. 3, 2007

IMPLEMENTING RECOMMENDATIONS OF THE

9/11 COMMISSION ACT OF 2007

121 STAT. 266 PUBLIC LAW 110–53—AUG. 3, 2007

Public Law 110–53

110th Congress

An Act

To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Implementing

Recommendations of the 9/11 Commission Act of 2007’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—HOMELAND SECURITY GRANTS

Sec. 101. Homeland Security Grant Program.

Sec. 102. Other amendments to the Homeland Security Act of 2002.

Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act of

2006.

Sec. 104. Technical and conforming amendments.

TITLE II—EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.

Sec. 202. Grants for construction of emergency operations centers.

TITLE III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST

RESPONDERS

Sec. 301. Interoperable emergency communications grant program.

Sec. 302. Border interoperability demonstration project.

TITLE IV—STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.

Sec. 402. National exercise program design.

Sec. 403. National exercise program model exercises.

Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen

incident command; private sector preparedness.

Sec. 405. Federal response capability inventory.

Sec. 406. Reporting requirements.

Sec. 407. Federal preparedness.

Sec. 408. Credentialing and typing.

Sec. 409. Model standards and guidelines for critical infrastructure workers.

Sec. 410. Authorization of appropriations.

TITLE V—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL

GOVERNMENTS

Subtitle A—Homeland Security Information Sharing Enhancement

Sec. 501. Homeland Security Advisory System and information sharing.

Sec. 502. Intelligence Component Defined.

Sec. 503. Role of intelligence components, training, and information sharing.

Sec. 504. Information sharing.

6 USC 101 note.

Implementing

Recommendations of the 9/11

Commission Act

of 2007.

Aug. 3, 2007

[H.R. 1]

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 267

Subtitle B—Homeland Security Information Sharing Partnerships

Sec. 511. Department of Homeland Security State, Local, and Regional Fusion Center Initiative.

Sec. 512. Homeland Security Information Sharing Fellows Program.

Sec. 513. Rural Policing Institute.

Subtitle C—Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

Subtitle D—Homeland Security Intelligence Offices Reorganization

Sec. 531. Office of Intelligence and Analysis and Office of Infrastructure Protection.

Subtitle E—Authorization of Appropriations

Sec. 541. Authorization of appropriations.

TITLE VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 601. Availability to public of certain intelligence funding information.

Sec. 602. Public Interest Declassification Board.

Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.

Sec. 604. Availability of funds for the Public Interest Declassification Board.

Sec. 605. Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.

TITLE VII—STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

Subtitle A—Terrorist Travel

Sec. 701. Report on international collaboration to increase border security, enhance

global document security, and exchange terrorist information.

Subtitle B—Visa Waiver

Sec. 711. Modernization of the visa waiver program.

Subtitle C—Strengthening Terrorism Prevention Programs

Sec. 721. Strengthening the capabilities of the Human Smuggling and Trafficking

Center.

Sec. 722. Enhancements to the terrorist travel program.

Sec. 723. Enhanced driver’s license.

Sec. 724. Western Hemisphere Travel Initiative.

Sec. 725. Model ports-of-entry.

Subtitle D—Miscellaneous Provisions

Sec. 731. Report regarding border security.

TITLE VIII—PRIVACY AND CIVIL LIBERTIES

Sec. 801. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.

Sec. 802. Department Privacy Officer.

Sec. 803. Privacy and civil liberties officers.

Sec. 804. Federal Agency Data Mining Reporting Act of 2007.

TITLE IX—PRIVATE SECTOR PREPAREDNESS

Sec. 901. Private sector preparedness.

Sec. 902. Responsibilities of the private sector Office of the Department.

TITLE X—IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.

Sec. 1002. Risk assessments and report.

Sec. 1003. Sense of Congress regarding the inclusion of levees in the National Infrastructure Protection Plan.

TITLE XI—ENHANCED DEFENSES AGAINST WEAPONS OF MASS

DESTRUCTION

Sec. 1101. National Biosurveillance Integration Center.

Sec. 1102. Biosurveillance efforts.

Sec. 1103. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.

121 STAT. 268 PUBLIC LAW 110–53—AUG. 3, 2007

Sec. 1104. Integration of detection equipment and technologies.

TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION

SHARING

Sec. 1201. Definitions.

Sec. 1202. Transportation security strategic planning.

Sec. 1203. Transportation security information sharing.

Sec. 1204. National domestic preparedness consortium.

Sec. 1205. National transportation security center of excellence.

Sec. 1206. Immunity for reports of suspected terrorist activity or suspicious behavior and response.

TITLE XIII—TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.

Sec. 1302. Enforcement authority.

Sec. 1303. Authorization of visible intermodal prevention and response teams.

Sec. 1304. Surface transportation security inspectors.

Sec. 1305. Surface transportation security technology information sharing.

Sec. 1306. TSA personnel limitations.

Sec. 1307. National explosives detection canine team training program.

Sec. 1308. Maritime and surface transportation security user fee study.

Sec. 1309. Prohibition of issuance of transportation security cards to convicted felons.

Sec. 1310. Roles of the Department of Homeland Security and the Department of

Transportation.

TITLE XIV—PUBLIC TRANSPORTATION SECURITY

Sec. 1401. Short title.

Sec. 1402. Definitions.

Sec. 1403. Findings.

Sec. 1404. National Strategy for Public Transportation Security.

Sec. 1405. Security assessments and plans.

Sec. 1406. Public transportation security assistance.

Sec. 1407. Security exercises.

Sec. 1408. Public transportation security training program.

Sec. 1409. Public transportation research and development.

Sec. 1410. Information sharing.

Sec. 1411. Threat assessments.

Sec. 1412. Reporting requirements.

Sec. 1413. Public transportation employee protections.

Sec. 1414. Security background checks of covered individuals for public transportation.

Sec. 1415. Limitation on fines and civil penalties.

TITLE XV—SURFACE TRANSPORTATION SECURITY

Subtitle A—General Provisions

Sec. 1501. Definitions.

Sec. 1502. Oversight and grant procedures.

Sec. 1503. Authorization of appropriations.

Sec. 1504. Public awareness.

Subtitle B—Railroad Security

Sec. 1511. Railroad transportation security risk assessment and national strategy.

Sec. 1512. Railroad carrier assessments and plans.

Sec. 1513. Railroad security assistance.

Sec. 1514. Systemwide Amtrak security upgrades.

Sec. 1515. Fire and life safety improvements.

Sec. 1516. Railroad carrier exercises.

Sec. 1517. Railroad security training program.

Sec. 1518. Railroad security research and development.

Sec. 1519. Railroad tank car security testing.

Sec. 1520. Railroad threat assessments.

Sec. 1521. Railroad employee protections.

Sec. 1522. Security background checks of covered individuals.

Sec. 1523. Northern border railroad passenger report.

Sec. 1524. International Railroad Security Program.

Sec. 1525. Transmission line report.

Sec. 1526. Railroad security enhancements.

Sec. 1527. Applicability of District of Columbia law to certain Amtrak contracts.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 269

Sec. 1528. Railroad preemption clarification.

Subtitle C—Over-the-Road Bus and Trucking Security

Sec. 1531. Over-the-road bus security assessments and plans.

Sec. 1532. Over-the-road bus security assistance.

Sec. 1533. Over-the-road bus exercises.

Sec. 1534. Over-the-road bus security training program.

Sec. 1535. Over-the-road bus security research and development.

Sec. 1536. Motor carrier employee protections.

Sec. 1537. Unified carrier registration system agreement.

Sec. 1538. School bus transportation security.

Sec. 1539. Technical amendment.

Sec. 1540. Truck security assessment.

Sec. 1541. Memorandum of understanding annex.

Sec. 1542. DHS Inspector General report on trucking security grant program.

Subtitle D—Hazardous Material and Pipeline Security

Sec. 1551. Railroad routing of security-sensitive materials.

Sec. 1552. Railroad security-sensitive material tracking.

Sec. 1553. Hazardous materials highway routing.

Sec. 1554. Motor carrier security-sensitive material tracking.

Sec. 1555. Hazardous materials security inspections and study.

Sec. 1556. Technical corrections.

Sec. 1557. Pipeline security inspections and enforcement.

Sec. 1558. Pipeline security and incident recovery plan.

TITLE XVI—AVIATION

Sec. 1601. Airport checkpoint screening fund.

Sec. 1602. Screening of cargo carried aboard passenger aircraft.

Sec. 1603. In-line baggage screening.

Sec. 1604. In-line baggage system deployment.

Sec. 1605. Strategic plan to test and implement advanced passenger prescreening

system.

Sec. 1606. Appeal and redress process for passengers wrongly delayed or prohibited

from boarding a flight.

Sec. 1607. Strengthening explosives detection at passenger screening checkpoints.

Sec. 1608. Research and development of aviation transportation security technology.

Sec. 1609. Blast-resistant cargo containers.

Sec. 1610. Protection of passenger planes from explosives.

Sec. 1611. Specialized training.

Sec. 1612. Certain TSA personnel limitations not to apply.

Sec. 1613. Pilot project to test different technologies at airport exit lanes.

Sec. 1614. Security credentials for airline crews.

Sec. 1615. Law enforcement officer biometric credential.

Sec. 1616. Repair station security.

Sec. 1617. General aviation security.

Sec. 1618. Extension of authorization of aviation security funding.

TITLE XVII—MARITIME CARGO

Sec. 1701. Container scanning and seals.

TITLE XVIII—PREVENTING WEAPONS OF MASS DESTRUCTION

PROLIFERATION AND TERRORISM

Sec. 1801. Findings.

Sec. 1802. Definitions.

Subtitle A—Repeal and Modification of Limitations on Assistance for Prevention of

WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for prevention of

weapons of mass destruction proliferation and terrorism.

Subtitle B—Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and authorities.

Sec. 1822. Authority to provide assistance to cooperative countries.

Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass

Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.

121 STAT. 270 PUBLIC LAW 110–53—AUG. 3, 2007

Sec. 1832. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program.

Sec. 1833. Authorization of appropriations for the Department of Energy programs

to prevent weapons of mass destruction proliferation and terrorism.

Subtitle D—Office of the United States Coordinator for the Prevention of Weapons

of Mass Destruction Proliferation and Terrorism

Sec. 1841. Office of the United States Coordinator for the Prevention of Weapons

of Mass Destruction Proliferation and Terrorism.

Sec. 1842. Sense of Congress on United States-Russia cooperation and coordination

on the prevention of weapons of mass destruction proliferation and terrorism.

Subtitle E—Commission on the Prevention of Weapons of Mass Destruction

Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.

Sec. 1852. Purposes of Commission.

Sec. 1853. Composition of Commission.

Sec. 1854. Responsibilities of Commission.

Sec. 1855. Powers of Commission.

Sec. 1856. Nonapplicability of Federal Advisory Committee Act.

Sec. 1857. Report.

Sec. 1858. Termination.

Sec. 1859. Funding.

TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM

TECHNOLOGIES

Sec. 1901. Promoting antiterrorism capabilities through international cooperation.

Sec. 1902. Transparency of funds.

TITLE XX—9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

Sec. 2001. Short title.

Sec. 2002. Definition.

Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries.

Sec. 2011. Findings; Policy.

Sec. 2012. International Muslim Youth Opportunity Fund.

Sec. 2013. Annual report to Congress.

Sec. 2014. Extension of program to provide grants to American-sponsored schools

in predominantly Muslim Countries to provide scholarships.

Subtitle B—Democracy and Development in the Broader Middle East Region

Sec. 2021. Middle East Foundation.

Subtitle C—Reaffirming United States Moral Leadership

Sec. 2031. Advancing United States interests through public diplomacy.

Sec. 2032. Oversight of international broadcasting.

Sec. 2033. Expansion of United States scholarship, exchange, and library programs

in predominantly Muslim countries.

Sec. 2034. United States policy toward detainees.

Subtitle D—Strategy for the United States Relationship With Afghanistan,

Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.

Sec. 2042. Pakistan.

Sec. 2043. Saudi Arabia.

TITLE XXI—ADVANCING DEMOCRATIC VALUES

Sec. 2101. Short title.

Sec. 2102. Findings.

Sec. 2103. Statement of policy.

Sec. 2104. Definitions.

Subtitle A—Activities to Enhance the Promotion of Democracy

Sec. 2111. Democracy Promotion at the Department of State.

Sec. 2112. Democracy Fellowship Program.

Sec. 2113. Investigations of violations of international humanitarian law.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 271

Subtitle B—Strategies and Reports on Human Rights and the Promotion of

Democracy

Sec. 2121. Strategies, priorities, and annual report.

Sec. 2122. Translation of human rights reports.

Subtitle C—Advisory Committee on Democracy Promotion and the Internet Website

of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.

Sec. 2132. Sense of Congress regarding the Internet website of the Department of

State.

Subtitle D—Training in Democracy and Human Rights; Incentives

Sec. 2141. Training in democracy promotion and the protection of human rights.

Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.

Sec. 2143. Personnel policies at the Department of State.

Subtitle E—Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

Subtitle F—Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.

Sec. 2162. United States democracy assistance programs.

TITLE XXII—INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.

Sec. 2202. Clarification of congressional intent.

Sec. 2203. Cross border interoperability reports.

Sec. 2204. Extension of short quorum.

Sec. 2205. Requiring reports to be submitted to certain committees.

TITLE XXIII—EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.

Sec. 2302. Funding for program.

Sec. 2303. NTIA coordination of E-911 implementation.

TITLE XXIV—MISCELLANEOUS PROVISIONS

Sec. 2401. Quadrennial homeland security review.

Sec. 2402. Sense of the Congress regarding the prevention of radicalization leading

to ideologically-based violence.

Sec. 2403. Requiring reports to be submitted to certain committees.

Sec. 2404. Demonstration project.

Sec. 2405. Under Secretary for Management of Department of Homeland Security.

TITLE I—HOMELAND SECURITY

GRANTS

SEC. 101. HOMELAND SECURITY GRANT PROGRAM.

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)

is amended by adding at the end the following:

‘‘TITLE XX—HOMELAND SECURITY

GRANTS

‘‘SEC. 2001. DEFINITIONS.

‘‘In this title, the following definitions shall apply:

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the

Administrator of the Federal Emergency Management Agency.

‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term

‘appropriate committees of Congress’ means—

‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

6 USC 601.

121 STAT. 272 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(B) those committees of the House of Representatives

that the Speaker of the House of Representatives determines appropriate.

‘‘(3) CRITICAL INFRASTRUCTURE SECTORS.—The term ‘critical

infrastructure sectors’ means the following sectors, in both

urban and rural areas:

‘‘(A) Agriculture and food.

‘‘(B) Banking and finance.

‘‘(C) Chemical industries.

‘‘(D) Commercial facilities.

‘‘(E) Commercial nuclear reactors, materials, and

waste.

‘‘(F) Dams.

‘‘(G) The defense industrial base.

‘‘(H) Emergency services.

‘‘(I) Energy.

‘‘(J) Government facilities.

‘‘(K) Information technology.

‘‘(L) National monuments and icons.

‘‘(M) Postal and shipping.

‘‘(N) Public health and health care.

‘‘(O) Telecommunications.

‘‘(P) Transportation systems.

‘‘(Q) Water.

‘‘(4) DIRECTLY ELIGIBLE TRIBE.—The term ‘directly eligible

tribe’ means—

‘‘(A) any Indian tribe—

‘‘(i) that is located in the continental United States;

‘‘(ii) that operates a law enforcement or emergency

response agency with the capacity to respond to calls

for law enforcement or emergency services;

‘‘(iii)(I) that is located on or near an international

border or a coastline bordering an ocean (including

the Gulf of Mexico) or international waters;

‘‘(II) that is located within 10 miles of a system

or asset included on the prioritized critical infrastructure list established under section 210E(a)(2) or has

such a system or asset within its territory;

‘‘(III) that is located within or contiguous to 1

of the 50 most populous metropolitan statistical areas

in the United States; or

‘‘(IV) the jurisdiction of which includes not less

than 1,000 square miles of Indian country, as that

term is defined in section 1151 of title 18, United

States Code; and

‘‘(iv) that certifies to the Secretary that a State

has not provided funds under section 2003 or 2004

to the Indian tribe or consortium of Indian tribes for

the purpose for which direct funding is sought; and

‘‘(B) a consortium of Indian tribes, if each tribe satisfies

the requirements of subparagraph (A).

‘‘(5) ELIGIBLE METROPOLITAN AREA.—The term ‘eligible

metropolitan area’ means any of the 100 most populous metropolitan statistical areas in the United States.

‘‘(6) HIGH-RISK URBAN AREA.—The term ‘high-risk urban

area’ means a high-risk urban area designated under section

2003(b)(3)(A).

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 273

‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning

given that term in section 4(e) of the Indian Self-Determination

Act (25 U.S.C. 450b(e)).

‘‘(8) METROPOLITAN STATISTICAL AREA.—The term ‘metropolitan statistical area’ means a metropolitan statistical area,

as defined by the Office of Management and Budget.

‘‘(9) NATIONAL SPECIAL SECURITY EVENT.—The term

‘National Special Security Event’ means a designated event

that, by virtue of its political, economic, social, or religious

significance, may be the target of terrorism or other criminal

activity.

‘‘(10) POPULATION.—The term ‘population’ means population according to the most recent United States census population estimates available at the start of the relevant fiscal

year.

‘‘(11) POPULATION DENSITY.—The term ‘population density’

means population divided by land area in square miles.

‘‘(12) QUALIFIED INTELLIGENCE ANALYST.—The term ‘qualified intelligence analyst’ means an intelligence analyst (as that

term is defined in section 210A(j)), including law enforcement

personnel—

‘‘(A) who has successfully completed training to ensure

baseline proficiency in intelligence analysis and production,

as determined by the Secretary, which may include training

using a curriculum developed under section 209; or

‘‘(B) whose experience ensures baseline proficiency in

intelligence analysis and production equivalent to the

training required under subparagraph (A), as determined

by the Secretary.

‘‘(13) TARGET CAPABILITIES.—The term ‘target capabilities’

means the target capabilities for Federal, State, local, and

tribal government preparedness for which guidelines are

required to be established under section 646(a) of the PostKatrina Emergency Management Reform Act of 2006 (6 U.S.C.

746(a)).

‘‘(14) TRIBAL GOVERNMENT.—The term ‘tribal government’

means the government of an Indian tribe.

‘‘Subtitle A—Grants to States and HighRisk Urban Areas

‘‘SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

‘‘(a) GRANTS AUTHORIZED.—The Secretary, through the

Administrator, may award grants under sections 2003 and 2004

to State, local, and tribal governments.

‘‘(b) PROGRAMS NOT AFFECTED.—This subtitle shall not be construed to affect any of the following Federal programs:

‘‘(1) Firefighter and other assistance programs authorized

under the Federal Fire Prevention and Control Act of 1974

(15 U.S.C. 2201 et seq.).

‘‘(2) Grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121

et seq.).

‘‘(3) Emergency Management Performance Grants under

the amendments made by title II of the Implementing Recommendations of the 9/11 Commission Act of 2007.

6 USC 603.

121 STAT. 274 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(4) Grants to protect critical infrastructure, including port

security grants authorized under section 70107 of title 46,

United States Code, and the grants authorized under title

XIV and XV of the Implementing Recommendations of the

9/11 Commission Act of 2007 and the amendments made by

such titles.

‘‘(5) The Metropolitan Medical Response System authorized

under section 635 of the Post-Katrina Emergency Management

Reform Act of 2006 (6 U.S.C. 723).

‘‘(6) The Interoperable Emergency Communications Grant

Program authorized under title XVIII.

‘‘(7) Grant programs other than those administered by the

Department.

‘‘(c) RELATIONSHIP TO OTHER LAWS.—

‘‘(1) IN GENERAL.—The grant programs authorized under

sections 2003 and 2004 shall supercede all grant programs

authorized under section 1014 of the USA PATRIOT Act (42

U.S.C. 3714).

‘‘(2) ALLOCATION.—The allocation of grants authorized

under section 2003 or 2004 shall be governed by the terms

of this subtitle and not by any other provision of law.

‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE.

‘‘(a) ESTABLISHMENT.—There is established an Urban Area

Security Initiative to provide grants to assist high-risk urban areas

in preventing, preparing for, protecting against, and responding

to acts of terrorism.

‘‘(b) ASSESSMENT AND DESIGNATION OF HIGH-RISK URBAN

AREAS.—

‘‘(1) IN GENERAL.—The Administrator shall designate highrisk urban areas to receive grants under this section based

on procedures under this subsection.

‘‘(2) INITIAL ASSESSMENT.—

‘‘(A) IN GENERAL.—For each fiscal year, the Administrator shall conduct an initial assessment of the relative

threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including

consideration of—

‘‘(i) the factors set forth in subparagraphs (A)

through (H) and (K) of section 2007(a)(1); and

‘‘(ii) information and materials submitted under

subparagraph (B).

‘‘(B) SUBMISSION OF INFORMATION BY ELIGIBLE METROPOLITAN AREAS.—Prior to conducting each initial assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan area with, and shall notify

each eligible metropolitan area of, the opportunity to—

‘‘(i) submit information that the eligible metropolitan area believes to be relevant to the determination

of the threat, vulnerability, and consequences it faces

from acts of terrorism; and

‘‘(ii) review the risk assessment conducted by the

Department of that eligible metropolitan area,

including the bases for the assessment by the Department of the threat, vulnerability, and consequences

6 USC 604.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 275

from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information.

‘‘(3) DESIGNATION OF HIGH-RISK URBAN AREAS.— ‘‘(A) DESIGNATION.— ‘‘(i) IN GENERAL.—For each fiscal year, after conducting the initial assessment under paragraph (2),

and based on that assessment, the Administrator shall

designate high-risk urban areas that may submit

applications for grants under this section.

‘‘(ii) ADDITIONAL AREAS.—Notwithstanding paragraph (2), the Administrator may—

‘‘(I) in any case where an eligible metropolitan

area consists of more than 1 metropolitan division

(as that term is defined by the Office of Management and Budget) designate more than 1 highrisk urban area within a single eligible metropolitan area; and

‘‘(II) designate an area that is not an eligible

metropolitan area as a high-risk urban area based

on the assessment by the Administrator of the

relative threat, vulnerability, and consequences

from acts of terrorism faced by the area.

‘‘(iii) RULE OF CONSTRUCTION.—Nothing in this

subsection may be construed to require the Administrator to—

‘‘(I) designate all eligible metropolitan areas

that submit information to the Administrator

under paragraph (2)(B)(i) as high-risk urban areas;

or

‘‘(II) designate all areas within an eligible

metropolitan area as part of the high-risk urban

area.

‘‘(B) JURISDICTIONS INCLUDED IN HIGH-RISK URBAN

AREAS.—‘‘(i) IN GENERAL.—In designating high-risk urban

areas under subparagraph (A), the Administrator shall

determine which jurisdictions, at a minimum, shall

be included in each high-risk urban area.

‘‘(ii) ADDITIONAL JURISDICTIONS.—A high-risk

urban area designated by the Administrator may, in

consultation with the State or States in which such

high-risk urban area is located, add additional jurisdictions to the high-risk urban area.

‘‘(c) APPLICATION.—

‘‘(1) IN GENERAL.—An area designated as a high-risk urban

area under subsection (b) may apply for a grant under this

section.

‘‘(2) MINIMUM CONTENTS OF APPLICATION.—In an application for a grant under this section, a high-risk urban area

shall submit—

‘‘(A) a plan describing the proposed division of responsibilities and distribution of funding among the local and

tribal governments in the high-risk urban area;

‘‘(B) the name of an individual to serve as a highrisk urban area liaison with the Department and among

the various jurisdictions in the high-risk urban area; and

121 STAT. 276 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(C) such information in support of the application

as the Administrator may reasonably require.

‘‘(3) ANNUAL APPLICATIONS.—Applicants for grants under

this section shall apply or reapply on an annual basis.

‘‘(4) STATE REVIEW AND TRANSMISSION.—

‘‘(A) IN GENERAL.—To ensure consistency with State

homeland security plans, a high-risk urban area applying

for a grant under this section shall submit its application

to each State within which any part of that high-risk

urban area is located for review before submission of such

application to the Department.

‘‘(B) DEADLINE.—Not later than 30 days after receiving

an application from a high-risk urban area under subparagraph (A), a State shall transmit the application to the

Department.

‘‘(C) OPPORTUNITY FOR STATE COMMENT.—If the Governor of a State determines that an application of a highrisk urban area is inconsistent with the State homeland

security plan of that State, or otherwise does not support

the 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 at the time of transmission

of the application.

‘‘(5) OPPORTUNITY TO AMEND.—In considering applications

for grants under this section, the Administrator shall provide

applicants with a reasonable opportunity to correct defects in

the application, if any, before making final awards.

‘‘(d) DISTRIBUTION OF AWARDS.—

‘‘(1) IN GENERAL.—If the Administrator approves the

application of a high-risk urban area for a grant under this

section, the Administrator shall distribute the grant funds to

the State or States in which that high-risk urban area is

located.

‘‘(2) STATE DISTRIBUTION OF FUNDS.—

‘‘(A) IN GENERAL.—Not later than 45 days after the

date that a State receives grant funds under paragraph

(1), that State shall provide the high-risk urban area

awarded that grant not less than 80 percent of the grant

funds. Any funds retained by a State shall be expended

on items, services, or activities that benefit the high-risk

urban area.

‘‘(B) FUNDS RETAINED.—A State shall provide each relevant high-risk urban area with an accounting of the items,

services, or activities on which any funds retained by the

State under subparagraph (A) were expended.

‘‘(3) INTERSTATE URBAN AREAS.—If parts of a high-risk

urban area awarded a grant under this section are located

in 2 or more States, the Administrator shall distribute to each

such State—

‘‘(A) a portion of the grant funds in accordance with

the proposed distribution set forth in the application; or

‘‘(B) if no agreement on distribution has been reached,

a portion of the grant funds determined by the Administrator to be appropriate.

Deadline.

Notification.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 277

‘‘(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT

FUNDS TO HIGH-RISK URBAN AREAS.—A State that receives grant

funds under paragraph (1) shall certify to the Administrator

that the State has made available to the applicable high-risk

urban area the required funds under paragraph (2).

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for grants under this section— ‘‘(1) $850,000,000 for fiscal year 2008;

‘‘(2) $950,000,000 for fiscal year 2009;

‘‘(3) $1,050,000,000 for fiscal year 2010;

‘‘(4) $1,150,000,000 for fiscal year 2011;

‘‘(5) $1,300,000,000 for fiscal year 2012; and

‘‘(6) such sums as are necessary for fiscal year 2013, and

each fiscal year thereafter.

‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

‘‘(a) ESTABLISHMENT.—There is established a State Homeland

Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, and

responding to acts of terrorism.

‘‘(b) APPLICATION.—

‘‘(1) IN GENERAL.—Each State may apply for a grant under

this section, and shall submit such information in support

of the application as the Administrator may reasonably require.

‘‘(2) MINIMUM CONTENTS OF APPLICATION.—The Administrator shall require that each State include in its application,

at a minimum—

‘‘(A) the purpose for which the State seeks grant funds

and the reasons why the State needs the grant to meet

the target capabilities of that State;

‘‘(B) a description of how the State plans to allocate

the grant funds to local governments and Indian tribes;

and

‘‘(C) a budget showing how the State intends to expend

the grant funds.

‘‘(3) ANNUAL APPLICATIONS.—Applicants for grants under

this section shall apply or reapply on an annual basis.

‘‘(c) DISTRIBUTION TO LOCAL AND TRIBAL GOVERNMENTS.—

‘‘(1) IN GENERAL.—Not later than 45 days after receiving

grant funds, any State receiving a grant under this section

shall make available to local and tribal governments, consistent

with the applicable State homeland security plan—

‘‘(A) not less than 80 percent of the grant funds;

‘‘(B) with the consent of local and tribal governments,

items, services, or activities 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 items, services, or activities having a total value of not less than 80 percent of

the amount of the grant.

‘‘(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT

FUNDS TO LOCAL GOVERNMENTS.—A State shall certify to the

Administrator that the State has made the distribution to

local and tribal governments required under paragraph (1).

‘‘(3) EXTENSION OF PERIOD.—The Governor of a State may

request in writing that the Administrator extend the period

under paragraph (1) for an additional period of time. The

Deadline.

6 USC 605.

121 STAT. 278 PUBLIC LAW 110–53—AUG. 3, 2007

Administrator may approve such a request if the Administrator

determines that the resulting delay in providing grant funding

to the local and tribal governments is necessary to promote

effective investments to prevent, prepare for, protect against,

or respond to acts of terrorism.

‘‘(4) EXCEPTION.—Paragraph (1) shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, American

Samoa, the Commonwealth of the Northern Mariana Islands,

Guam, or the Virgin Islands.

‘‘(5) DIRECT FUNDING.—If a State fails to make the distribution to local or tribal governments required under paragraph

(1) in a timely fashion, a local or tribal government entitled

to receive such distribution may petition the Administrator

to request that grant funds be provided directly to the local

or tribal government.

‘‘(d) MULTISTATE APPLICATIONS.—

‘‘(1) IN GENERAL.—Instead of, or in addition to, any application for a grant under subsection (b), 2 or more States may

submit an application for a grant under this section in support

of multistate efforts to prevent, prepare for, protect against,

and respond to acts of terrorism.

‘‘(2) ADMINISTRATION OF GRANT.—If a group of States

applies for a grant under this section, such States shall submit

to the Administrator at the time of application a plan

describing—

‘‘(A) the division of responsibilities for administering

the grant; and

‘‘(B) the distribution of funding among the States that

are parties to the application.

‘‘(e) MINIMUM ALLOCATION.—

‘‘(1) IN GENERAL.—In allocating funds under this section,

the Administrator shall ensure that—

‘‘(A) except as provided in subparagraph (B), each State

receives, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to—

‘‘(i) 0.375 percent of the total funds appropriated

for grants under this section and section 2003 in fiscal

year 2008;

‘‘(ii) 0.365 percent of the total funds appropriated

for grants under this section and section 2003 in fiscal

year 2009;

‘‘(iii) 0.36 percent of the total funds appropriated

for grants under this section and section 2003 in fiscal

year 2010;

‘‘(iv) 0.355 percent of the total funds appropriated

for grants under this section and section 2003 in fiscal

year 2011; and

‘‘(v) 0.35 percent of the total funds appropriated

for grants under this section and section 2003 in fiscal

year 2012 and in each fiscal year thereafter; and

‘‘(B) for each fiscal year, American Samoa, the

Commonwealth of the Northern Mariana Islands, Guam,

and the Virgin Islands each receive, from the funds appropriated for the State Homeland Security Grant Program

established under this section, not less than an amount

Territories.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 279

equal to 0.08 percent of the total funds appropriated for

grants under this section and section 2003.

‘‘(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM.—

Any portion of a multistate award provided to a State under

subsection (d) shall be considered in calculating the minimum

State allocation under this subsection.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for grants under this section—

‘‘(1) $950,000,000 for each of fiscal years 2008 through

2012; and

‘‘(2) such sums as are necessary for fiscal year 2013, and

each fiscal year thereafter.

‘‘SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

‘‘(a) IN GENERAL.—Notwithstanding section 2004(b), the

Administrator may award grants to directly eligible tribes under

section 2004.

‘‘(b) TRIBAL APPLICATIONS.—A directly eligible tribe may apply

for a grant under section 2004 by submitting an application to

the Administrator that includes, as appropriate, the information

required for an application by a State under section 2004(b).

‘‘(c) CONSISTENCY WITH STATE PLANS.—

‘‘(1) IN GENERAL.—To ensure consistency with any

applicable State homeland security plan, a directly eligible

tribe applying for a grant under section 2004 shall provide

a copy of its application to each State within which any part

of the tribe is located for review before the tribe submits such

application to the Department.

‘‘(2) OPPORTUNITY FOR COMMENT.—If the Governor of a

State determines that the application of a directly eligible tribe

is inconsistent with the State homeland security plan of that

State, or otherwise does not support the application, not later

than 30 days after the date of receipt of that application the

Governor shall—

‘‘(A) notify the Administrator, in writing, of that fact;

and

‘‘(B) provide an explanation of the reason for not supporting the application.

‘‘(d) FINAL AUTHORITY.—The Administrator shall have final

authority to approve any application of a directly eligible tribe.

The Administrator shall notify each State within the boundaries

of which any part of a directly eligible tribe is located of the

approval of an application by the tribe.

‘‘(e) PRIORITIZATION.—The Administrator shall allocate funds

to directly eligible tribes in accordance with the factors applicable

to allocating funds among States under section 2007.

‘‘(f) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES.—

If the Administrator awards funds to a directly eligible tribe under

this section, the Administrator shall distribute the grant funds

directly to the tribe and not through any State.

‘‘(g) MINIMUM ALLOCATION.—

‘‘(1) IN GENERAL.—In allocating funds under this section,

the Administrator shall ensure that, for each fiscal year,

directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 2004, not less than an amount equal

Notification.

Deadline.

Notification.

6 USC 606.

121 STAT. 280 PUBLIC LAW 110–53—AUG. 3, 2007

to 0.1 percent of the total funds appropriated for grants under

sections 2003 and 2004.

‘‘(2) EXCEPTION.—This subsection shall not apply in any

fiscal year in which the Administrator—

‘‘(A) receives fewer than 5 applications under this section; or

‘‘(B) does not approve at least 2 applications under

this section.

‘‘(h) TRIBAL LIAISON.—A directly eligible tribe applying for a

grant under section 2004 shall designate an individual to serve

as a tribal liaison with the Department and other Federal, State,

local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism.

‘‘(i) ELIGIBILITY FOR OTHER FUNDS.—A directly eligible tribe

that receives a grant under section 2004 may receive funds for

other purposes under a grant from the State or States within

the boundaries of which any part of such tribe is located and

from any high-risk urban area of which it is a part, consistent

with the homeland security plan of the State or high-risk urban

area.

‘‘(j) STATE OBLIGATIONS.—

‘‘(1) IN GENERAL.—States shall be responsible for allocating

grant funds received under section 2004 to tribal governments

in order to help those tribal communities achieve target

capabilities not achieved through grants to directly eligible

tribes.

‘‘(2) DISTRIBUTION OF GRANT FUNDS.—With respect to a

grant to a State under section 2004, an Indian tribe shall

be eligible for funding directly from that State, and shall not

be required to seek funding from any local government.

‘‘(3) IMPOSITION OF REQUIREMENTS.—A State may not

impose unreasonable or unduly burdensome requirements on

an Indian tribe as a condition of providing the Indian tribe

with grant funds or resources under section 2004.

‘‘(k) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed to affect the authority of an Indian tribe that receives

funds under this subtitle.

‘‘SEC. 2006. TERRORISM PREVENTION.

‘‘(a) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.—

‘‘(1) IN GENERAL.—The Administrator shall ensure that not

less than 25 percent of the total combined funds appropriated

for grants under sections 2003 and 2004 is used for law enforcement terrorism prevention activities.

‘‘(2) LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES.—Law enforcement terrorism prevention activities

include—

‘‘(A) information sharing and analysis;

‘‘(B) target hardening;

‘‘(C) threat recognition;

‘‘(D) terrorist interdiction;

‘‘(E) overtime expenses consistent with a State homeland security plan, including for the provision of enhanced

law enforcement operations in support of Federal agencies,

including for increased border security and border crossing

enforcement;

6 USC 607.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 281

‘‘(F) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion

centers that comply with the guidelines established under

section 210A(i);

‘‘(G) paying salaries and benefits for personnel,

including individuals employed by the grant recipient on

the date of the relevant grant application, to serve as

qualified intelligence analysts;

‘‘(H) any other activity permitted under the Fiscal Year

2007 Program Guidance of the Department for the Law

Enforcement Terrorism Prevention Program; and

‘‘(I) any other terrorism prevention activity authorized

by the Administrator.

‘‘(3) PARTICIPATION OF UNDERREPRESENTED COMMUNITIES

IN FUSION CENTERS.—The Administrator shall ensure that grant

funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and other emergency

response providers from rural and other underrepresented

communities at risk from acts of terrorism in fusion centers.

‘‘(b) OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.—

‘‘(1) ESTABLISHMENT.—There is established in the Policy

Directorate of the Department an Office for State and Local

Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement.

‘‘(2) QUALIFICATIONS.—The Assistant Secretary for State

and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and

other counterterrorism functions.

‘‘(3) ASSIGNMENT OF PERSONNEL.—The Secretary shall

assign to the Office for State and Local Law Enforcement

permanent staff and, as appropriate and consistent with sections 506(c)(2), 821, and 888(d), other appropriate personnel

detailed from other components of the Department to carry

out the responsibilities under this subsection.

‘‘(4) RESPONSIBILITIES.—The Assistant Secretary for State

and Local Law Enforcement shall—

‘‘(A) lead the coordination of Department-wide policies

relating to the role of State and local law enforcement

in preventing, preparing for, protecting against, and

responding to natural disasters, acts of terrorism, and other

man-made disasters within the United States;

‘‘(B) serve as a liaison between State, local, and tribal

law enforcement agencies and the Department;

‘‘(C) coordinate with the Office of Intelligence and Analysis to ensure the intelligence and information sharing

requirements of State, local, and tribal law enforcement

agencies are being addressed;

‘‘(D) work with the Administrator to ensure that law

enforcement and terrorism-focused grants to State, local,

and tribal government agencies, including grants under

sections 2003 and 2004, the Commercial Equipment Direct

Assistance Program, and other grants administered by the

Department to support fusion centers and law enforcementoriented programs, are appropriately focused on terrorism

prevention activities;

‘‘(E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the

121 STAT. 282 PUBLIC LAW 110–53—AUG. 3, 2007

Department of Justice, the National Institute of Justice,

law enforcement organizations, and other appropriate entities to support the development, promulgation, and

updating, as necessary, of national voluntary consensus

standards for training and personal protective equipment

to be used in a tactical environment by law enforcement

officers; and

‘‘(F) conduct, jointly with the Administrator, a study

to determine the efficacy and feasibility of establishing

specialized law enforcement deployment teams to assist

State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disasters and report on the results of that study to the appropriate committees of Congress.

‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection

shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.

‘‘SEC. 2007. PRIORITIZATION.

‘‘(a) IN GENERAL.—In allocating funds among States and highrisk urban areas applying for grants under section 2003 or 2004,

the Administrator shall consider, for each State or high-risk urban

area—

‘‘(1) its relative threat, vulnerability, and consequences

from acts of terrorism, including consideration of—

‘‘(A) its population, including appropriate consideration

of military, tourist, and commuter populations;

‘‘(B) its population density;

‘‘(C) its history of threats, including whether it has

been the target of a prior act of terrorism;

‘‘(D) its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical

infrastructure sectors) or key resources identified by the

Administrator or the State homeland security plan,

including threats, vulnerabilities, and consequences related

to critical infrastructure or key resources in nearby jurisdictions;

‘‘(E) the most current threat assessments available to

the Department;

‘‘(F) whether the State has, or the high-risk urban

area is located at or near, an international border;

‘‘(G) whether it has a coastline bordering an ocean

(including the Gulf of Mexico) or international waters;

‘‘(H) its likely need to respond to acts of terrorism

occurring in nearby jurisdictions;

‘‘(I) the extent to which it has unmet target capabilities;

‘‘(J) in the case of a high-risk urban area, the extent

to which that high-risk urban area includes—

‘‘(i) those incorporated municipalities, counties,

parishes, and Indian tribes within the relevant eligible

metropolitan area, the inclusion of which will enhance

regional efforts to prevent, prepare for, protect against,

and respond to acts of terrorism; and

‘‘(ii) other local and tribal governments in the surrounding area that are likely to be called upon to

respond to acts of terrorism within the high-risk urban

area; and

6 USC 608.

Study.

Reports.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 283

‘‘(K) such other factors as are specified in writing by

the Administrator; and

‘‘(2) the anticipated effectiveness of the proposed use of

the grant by the State or high-risk urban area in increasing

the ability of that State or high-risk urban area to prevent,

prepare for, protect against, and respond to acts of terrorism,

to meet its target capabilities, and to otherwise reduce the

overall risk to the high-risk urban area, the State, or the

Nation.

‘‘(b) TYPES OF THREAT.—In assessing threat under this section,

the Administrator shall consider the following types of threat to

critical infrastructure sectors and to populations in all areas of

the United States, urban and rural:

‘‘(1) Biological.

‘‘(2) Chemical.

‘‘(3) Cyber.

‘‘(4) Explosives.

‘‘(5) Incendiary.

‘‘(6) Nuclear.

‘‘(7) Radiological.

‘‘(8) Suicide bombers.

‘‘(9) Such other types of threat determined relevant by

the Administrator.

‘‘SEC. 2008. USE OF FUNDS.

‘‘(a) PERMITTED USES.—Grants awarded under section 2003

or 2004 may be used to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts

of terrorism, consistent with a State homeland security plan and

relevant local, tribal, and regional homeland security plans,

through—

‘‘(1) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or

mutual aid agreements;

‘‘(2) designing, conducting, and evaluating training and

exercises, including training and exercises conducted under

section 512 of this Act and section 648 of the Post-Katrina

Emergency Management Reform Act of 2006 (6 U.S.C. 748);

‘‘(3) protecting a system or asset included on the prioritized

critical infrastructure list established under section 210E(a)(2);

‘‘(4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;

‘‘(5) ensuring operability and achieving interoperability of

emergency communications;

‘‘(6) responding to an increase in the threat level under

the Homeland Security Advisory System, or to the needs

resulting from a National Special Security Event;

‘‘(7) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion

centers that comply with the guidelines established under section 210A(i);

‘‘(8) enhancing school preparedness;

‘‘(9) supporting public safety answering points;

‘‘(10) paying salaries and benefits for personnel, including

individuals employed by the grant recipient on the date of

the relevant grant application, to serve as qualified intelligence

analysts;

6 USC 609.

121 STAT. 284 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(11) paying expenses directly related to administration

of the grant, except that such expenses may not exceed 3

percent of the amount of the grant;

‘‘(12) any activity permitted under the Fiscal Year 2007

Program Guidance of the Department for the State Homeland

Security Grant Program, the Urban Area Security Initiative

(including activities permitted under the full-time

counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program; and

‘‘(13) any other appropriate activity, as determined by the

Administrator.

‘‘(b) LIMITATIONS ON USE OF FUNDS.— ‘‘(1) IN GENERAL.—Funds provided under section 2003 or

2004 may not be used—

‘‘(A) to supplant State or local funds, except that

nothing in this paragraph shall prohibit the use of grant

funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis

that a State or high-risk urban area has previously used

State or local funds to support the same or similar uses;

or

‘‘(B) for any State or local government cost-sharing

contribution.

‘‘(2) PERSONNEL.—

‘‘(A) IN GENERAL.—Not more than 50 percent of the

amount awarded to a grant recipient under section 2003

or 2004 in any fiscal year may be used to pay for personnel,

including overtime and backfill costs, in support of the

permitted uses under subsection (a).

‘‘(B) WAIVER.—At the request of the recipient of a

grant under section 2003 or 2004, the Administrator may

grant a waiver of the limitation under subparagraph (A).

‘‘(3) CONSTRUCTION.—

‘‘(A) IN GENERAL.—A grant awarded under section 2003

or 2004 may not be used to acquire land or to construct

buildings or other physical facilities.

‘‘(B) EXCEPTIONS.—

‘‘(i) IN GENERAL.—Notwithstanding subparagraph

(A), nothing in this paragraph shall prohibit the use

of a grant awarded under section 2003 or 2004 to

achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts

of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making

such buildings secure against acts of terrorism.

‘‘(ii) REQUIREMENTS FOR EXCEPTION.—No grant

awarded under section 2003 or 2004 may be used

for a purpose described in clause (i) unless—

‘‘(I) specifically approved by the Administrator;

‘‘(II) any construction work occurs under terms

and conditions consistent with the requirements

under section 611(j)(9) of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42

U.S.C. 5196(j)(9)); and

‘‘(III) the amount allocated for purposes under

clause (i) does not exceed the greater of $1,000,000

or 15 percent of the grant award.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 285

‘‘(4) RECREATION.—Grants awarded under this subtitle may

not be used for recreational or social purposes.

‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this subtitle shall

be construed to prohibit State, local, or tribal governments from

using grant funds under sections 2003 and 2004 in a manner

that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target

capabilities related to preventing, preparing for, protecting against,

or responding to acts of terrorism.

‘‘(d) REIMBURSEMENT OF COSTS.— ‘‘(1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT.—In

addition to the activities described in subsection (a), a grant

under section 2003 or 2004 may be used to provide a reasonable

stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or

participation in training or exercises related to the purposes

of this subtitle. Any such reimbursement shall not be considered

compensation for purposes of rendering an emergency response

provider an employee under the Fair Labor Standards Act

of 1938 (29 U.S.C. 201 et seq.).

‘‘(2) PERFORMANCE OF FEDERAL DUTY.—An applicant for

a grant under section 2003 or 2004 may petition the Administrator to use the funds from its grants under those sections

for the reimbursement of the cost of any activity relating to

preventing, preparing for, protecting against, or responding

to acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by

a State or local government under agreement with a Federal

agency.

‘‘(e) FLEXIBILITY IN UNSPENT HOMELAND SECURITY GRANT

FUNDS.—Upon request by the recipient of a grant under section

2003 or 2004, the Administrator may authorize the grant recipient

to transfer all or part of the grant funds from uses specified in

the grant agreement to other uses authorized under this section,

if the Administrator determines that such transfer is in the interests

of homeland security.

‘‘(f) EQUIPMENT STANDARDS.—If an applicant for a grant under

section 2003 or 2004 proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that

do not meet or exceed any applicable national voluntary consensus

standards developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant

shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than

equipment or systems that meet or exceed such standards.

‘‘Subtitle B—Grants Administration

‘‘SEC. 2021. ADMINISTRATION AND COORDINATION.

‘‘(a) REGIONAL COORDINATION.—The Administrator shall ensure

that—

‘‘(1) all recipients of grants administered by the Department

to prevent, prepare for, protect against, or respond to natural

disasters, acts of terrorism, or other man-made disasters

(excluding assistance provided under section 203, title IV, or

title V of the Robert T. Stafford Disaster Relief and Emergency

6 USC 611.

121 STAT. 286 PUBLIC LAW 110–53—AUG. 3, 2007

Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et

seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring State, local, and

tribal governments; and

‘‘(2) all high-risk urban areas and other recipients of grants

administered by the Department to prevent, prepare for, protect

against, or respond to natural disasters, acts of terrorism, or

other man-made disasters (excluding assistance provided under

section 203, title IV, or title V of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170

et seq., and 5191 et seq.)) that include or substantially affect

parts or all of more than 1 State coordinate, as appropriate,

across State boundaries, including, where appropriate, through

the use of regional working groups and requirements for

regional plans.

‘‘(b) PLANNING COMMITTEES.—

‘‘(1) IN GENERAL.—Any State or high-risk urban area

receiving a grant under section 2003 or 2004 shall establish

a planning committee to assist in preparation and revision

of the State, regional, or local homeland security plan and

to assist in determining effective funding priorities for grants

under sections 2003 and 2004.

‘‘(2) COMPOSITION.—

‘‘(A) IN GENERAL.—The planning committee shall

include representatives of significant stakeholders,

including—

‘‘(i) local and tribal government officials; and

‘‘(ii) emergency response providers, which shall

include representatives of the fire service, law enforcement, emergency medical response, and emergency

managers.

‘‘(B) GEOGRAPHIC REPRESENTATION.—The members of

the planning committee shall be a representative group

of individuals from the counties, cities, towns, and Indian

tribes within the State or high-risk urban area, including,

as appropriate, representatives of rural, high-population,

and high-threat jurisdictions.

‘‘(3) EXISTING PLANNING COMMITTEES.—Nothing in this subsection may be construed to require that any State or highrisk urban area create a planning committee if that State

or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the

requirements of this subsection.

‘‘(c) INTERAGENCY COORDINATION.—

‘‘(1) IN GENERAL.—Not later than 12 months after the date

of enactment of the Implementing Recommendations of the

9/11 Commission Act of 2007, the Secretary (acting through

the Administrator), the Attorney General, the Secretary of

Health and Human Services, and the heads of other agencies

providing assistance to State, local, and tribal governments

for preventing, preparing for, protecting against, and

responding to natural disasters, acts of terrorism, and other

man-made disasters, shall jointly—

‘‘(A) compile a comprehensive list of Federal grant

programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding

Deadline.

Establishment.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 287

to natural disasters, acts of terrorism, and other manmade disasters;

‘‘(B) compile the planning, reporting, application, and

other requirements and guidance for the grant programs

described in subparagraph (A);

‘‘(C) develop recommendations, as appropriate, to—

‘‘(i) eliminate redundant and duplicative requirements for State, local, and tribal governments,

including onerous application and ongoing reporting

requirements;

‘‘(ii) ensure accountability of the programs to the

intended purposes of such programs;

‘‘(iii) coordinate allocation of grant funds to avoid

duplicative or inconsistent purchases by the recipients;

‘‘(iv) make the programs more accessible and user

friendly to applicants; and

‘‘(v) ensure the programs are coordinated to

enhance the overall preparedness of the Nation;

‘‘(D) submit the information and recommendations

under subparagraphs (A), (B), and (C) to the appropriate

committees of Congress; and

‘‘(E) provide the appropriate committees of Congress,

the Comptroller General, and any officer or employee of

the Government Accountability Office with full access to

any information collected or reviewed in preparing the

submission under subparagraph (D).

‘‘(2) SCOPE OF TASK.—Nothing in this subsection shall

authorize the elimination, or the alteration of the purposes,

as delineated by statute, regulation, or guidance, of any grant

program that exists on the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007,

nor authorize the review or preparation of proposals on the

elimination, or the alteration of such purposes, of any such

grant program.

‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that,

in order to ensure that the Nation is most effectively able to

prevent, prepare for, protect against, and respond to all hazards,

including natural disasters, acts of terrorism, and other man-made

disasters—

‘‘(1) the Department should administer a coherent and

coordinated system of both terrorism-focused and all-hazards

grants;

‘‘(2) there should be a continuing and appropriate balance

between funding for terrorism-focused and all-hazards

preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles I and

II, as applicable, of the Implementing Recommendations of

the 9/11 Commission Act of 2007; and

‘‘(3) with respect to terrorism-focused grants, it is necessary

to ensure both that the target capabilities of the highest risk

areas are achieved quickly and that basic levels of preparedness, as measured by the attainment of target capabilities,

are achieved nationwide.

‘‘SEC. 2022. ACCOUNTABILITY.

‘‘(a) AUDITS OF GRANT PROGRAMS.— ‘‘(1) COMPLIANCE REQUIREMENTS.—

6 USC 612.

Submission.

121 STAT. 288 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(A) AUDIT REQUIREMENT.—Each recipient of a grant

administered by the Department that expends not less

than $500,000 in Federal funds during its fiscal year shall

submit to the Administrator a copy of the organizationwide financial and compliance audit report required under

chapter 75 of title 31, United States Code.

‘‘(B) ACCESS TO INFORMATION.—The Department and

each recipient of a grant administered by the Department

shall provide the Comptroller General and any officer or

employee of the Government Accountability Office with

full access to information regarding the activities carried

out related to any grant administered by the Department.

‘‘(C) IMPROPER PAYMENTS.—Consistent with the

Improper Payments Information Act of 2002 (31 U.S.C.

3321 note), for each of the grant programs under sections

2003 and 2004 of this title and section 662 of the PostKatrina Emergency Management Reform Act of 2006 (6

U.S.C. 762), the Administrator shall specify policies and

procedures for—

‘‘(i) identifying activities funded under any such

grant program that are susceptible to significant

improper payments; and

‘‘(ii) reporting any improper payments to the

Department.

‘‘(2) AGENCY PROGRAM REVIEW.—

‘‘(A) IN GENERAL.—Not less than once every 2 years,

the Administrator shall conduct, for each State and highrisk urban area receiving a grant administered by the

Department, a programmatic and financial review of all

grants awarded by the Department to prevent, prepare

for, protect against, or respond to natural disasters, acts

of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of

the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191

et seq.).

‘‘(B) CONTENTS.—Each review under subparagraph (A)

shall, at a minimum, examine—

‘‘(i) whether the funds awarded were used in

accordance with the law, program guidance, and State

homeland security plans or other applicable plans; and

‘‘(ii) the extent to which funds awarded enhanced

the ability of a grantee to prevent, prepare for, protect

against, and respond to natural disasters, acts of terrorism, and other man-made disasters.

‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—In addition

to any other amounts authorized to be appropriated to

the Administrator, there are authorized to be appropriated

to the Administrator for reviews under this paragraph—

‘‘(i) $8,000,000 for each of fiscal years 2008, 2009,

and 2010; and

‘‘(ii) such sums as are necessary for fiscal year

2011, and each fiscal year thereafter.

‘‘(3) OFFICE OF INSPECTOR GENERAL PERFORMANCE

AUDITS.—

‘‘(A) IN GENERAL.—In order to ensure the effective and

appropriate use of grants administered by the Department,

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 289

the Inspector General of the Department each year shall

conduct audits of a sample of States and high-risk urban

areas that receive grants administered by the Department

to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title

IV, or title V of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5133, 5170 et

seq., and 5191 et seq.).

‘‘(B) DETERMINING SAMPLES.—The sample selected for

audits under subparagraph (A) shall be—

‘‘(i) of an appropriate size to—

‘‘(I) assess the overall integrity of the grant

programs described in subparagraph (A); and

‘‘(II) act as a deterrent to financial mismanagement; and

‘‘(ii) selected based on—

‘‘(I) the size of the grants awarded to the

recipient;

‘‘(II) the past grant management performance

of the recipient;

‘‘(III) concerns identified by the Administrator,

including referrals from the Administrator; and

‘‘(IV) such other factors as determined by the

Inspector General of the Department.

‘‘(C) COMPREHENSIVE AUDITING.—During the 7-year

period beginning on the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of

2007, the Inspector General of the Department shall conduct not fewer than 1 audit of each State that receives

funds under a grant under section 2003 or 2004.

‘‘(D) REPORT BY THE INSPECTOR GENERAL.—

‘‘(i) IN GENERAL.—The Inspector General of the

Department shall submit to the appropriate committees of Congress an annual consolidated report

regarding the audits completed during the fiscal year

before the date of that report.

‘‘(ii) CONTENTS.—Each report submitted under

clause (i) shall describe, for the fiscal year before the

date of that report—

‘‘(I) the audits conducted under subparagraph

(A);

‘‘(II) the findings of the Inspector General with

respect to the audits conducted under subparagraph (A);

‘‘(III) whether the funds awarded were used

in accordance with the law, program guidance,

and State homeland security plans and other

applicable plans; and

‘‘(IV) the extent to which funds awarded

enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural

disasters, acts of terrorism and other man-made

disasters.

‘‘(iii) DEADLINE.—For each year, the report

required under clause (i) shall be submitted not later

than December 31.

Effective date.

121 STAT. 290 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(E) PUBLIC AVAILABILITY ON WEBSITE.—The Inspector

General of the Department shall make each audit conducted under subparagraph (A) available on the website

of the Inspector General, subject to redaction as the

Inspector General determines necessary to protect classified

and other sensitive information.

‘‘(F) PROVISION OF INFORMATION TO ADMINISTRATOR.— The Inspector General of the Department shall provide

to the Administrator any findings and recommendations

from audits conducted under subparagraph (A).

‘‘(G) EVALUATION OF GRANTS MANAGEMENT AND OVER- SIGHT.—Not later than 1 year after the date of enactment

of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department

shall review and evaluate the grants management and

oversight practices of the Federal Emergency Management

Agency, including assessment of and recommendations

relating to—

‘‘(i) the skills, resources, and capabilities of the

workforce; and

‘‘(ii) any additional resources and staff necessary

to carry out such management and oversight.

‘‘(H) AUTHORIZATION OF APPROPRIATIONS.—In addition

to any other amounts authorized to be appropriated to

the Inspector General of the Department, there are authorized to be appropriated to the Inspector General of the

Department for audits under subparagraph (A)—

‘‘(i) $8,500,000 for each of fiscal years 2008, 2009,

and 2010; and

‘‘(ii) such sums as are necessary for fiscal year

2011, and each fiscal year thereafter.

‘‘(4) PERFORMANCE ASSESSMENT.—In order to ensure that

States and high-risk urban areas are using grants administered

by the Department appropriately to meet target capabilities

and preparedness priorities, the Administrator shall—

‘‘(A) ensure that any such State or high-risk urban

area conducts or participates in exercises under section

648(b) of the Post-Katrina Emergency Management Reform

Act of 2006 (6 U.S.C. 748(b));

‘‘(B) use performance metrics in accordance with the

comprehensive assessment system under section 649 of

the Post-Katrina Emergency Management Reform Act of

2006 (6 U.S.C. 749) and ensure that any such State or

high-risk urban area regularly tests its progress against

such metrics through the exercises required under subparagraph (A);

‘‘(C) use the remedial action management program

under section 650 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 750); and

‘‘(D) ensure that each State receiving a grant administered by the Department submits a report to the Administrator on its level of preparedness, as required by section

652(c) of the Post-Katrina Emergency Management Reform

Act of 2006 (6 U.S.C. 752(c)).

‘‘(5) CONSIDERATION OF ASSESSMENTS.—In conducting program reviews and performance audits under paragraphs (2)

and (3), the Administrator and the Inspector General of the

Reports.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 291

Department shall take into account the performance assessment elements required under paragraph (4).

‘‘(6) RECOVERY AUDITS.—The Administrator shall conduct

a recovery audit (as that term is defined by the Director of

the Office of Management and Budget under section 3561 of

title 31, United States Code) for any grant administered by

the Department with a total value of not less than $1,000,000,

if the Administrator finds that—

‘‘(A) a financial audit has identified improper payments

that can be recouped; and

‘‘(B) it is cost effective to conduct a recovery audit

to recapture the targeted funds.

‘‘(7) REMEDIES FOR NONCOMPLIANCE.—

‘‘(A) IN GENERAL.—If, as a result of a review or audit

under this subsection or otherwise, the Administrator finds

that a recipient of a grant under this title has failed to

substantially comply with any provision of law or with

any regulations or guidelines of the Department regarding

eligible expenditures, the Administrator shall—

‘‘(i) reduce the amount of payment of grant funds

to the recipient by an amount equal to the amount

of grants funds that were not properly expended by

the recipient;

‘‘(ii) limit the use of grant funds to programs,

projects, or activities not affected by the failure to

comply;

‘‘(iii) refer the matter to the Inspector General

of the Department for further investigation;

‘‘(iv) terminate any payment of grant funds to be

made to the recipient; or

‘‘(v) take such other action as the Administrator

determines appropriate.

‘‘(B) DURATION OF PENALTY.—The Administrator shall

apply an appropriate penalty under subparagraph (A) until

such time as the Administrator determines that the grant

recipient is in full compliance with the law and with

applicable guidelines or regulations of the Department.

‘‘(b) REPORTS BY GRANT RECIPIENTS.—

‘‘(1) QUARTERLY REPORTS ON HOMELAND SECURITY

SPENDING.—

‘‘(A) IN GENERAL.—As a condition of receiving a grant

under section 2003 or 2004, a State, high-risk urban area,

or directly eligible tribe shall, not later than 30 days after

the end of each Federal fiscal quarter, submit to the

Administrator a report on activities performed using grant

funds during that fiscal quarter.

‘‘(B) CONTENTS.—Each report submitted under

subparagraph (A) shall at a minimum include, for the

applicable State, high-risk urban area, or directly eligible

tribe, and each subgrantee thereof—

‘‘(i) the amount obligated to that recipient under

section 2003 or 2004 in that quarter;

‘‘(ii) the amount of funds received and expended

under section 2003 or 2004 by that recipient in that

quarter; and

121 STAT. 292 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(iii) a summary description of expenditures made

by that recipient using such funds, and the purposes

for which such expenditures were made.

‘‘(C) END-OF-YEAR REPORT.—The report submitted

under subparagraph (A) by a State, high-risk urban area,

or directly eligible tribe relating to the last quarter of

any fiscal year shall include—

‘‘(i) the amount and date of receipt of all funds

received under the grant during that fiscal year;

‘‘(ii) the identity of, and amount provided to, any

subgrantee for that grant during that fiscal year;

‘‘(iii) the amount and the dates of disbursements

of all such funds expended in compliance with section

2021(a)(1) or under mutual aid agreements or other

sharing arrangements that apply within the State,

high-risk urban area, or directly eligible tribe, as

applicable, during that fiscal year; and

‘‘(iv) how the funds were used by each recipient

or subgrantee during that fiscal year.

‘‘(2) ANNUAL REPORT.—Any State applying for a grant under

section 2004 shall submit to the Administrator annually a

State preparedness report, as required by section 652(c) of

the Post-Katrina Emergency Management Reform Act of 2006

(6 U.S.C. 752(c)).

‘‘(c) REPORTS BY THE ADMINISTRATOR.—

‘‘(1) FEDERAL PREPAREDNESS REPORT.—The Administrator

shall submit to the appropriate committees of Congress

annually the Federal Preparedness Report required under section 652(a) of the Post-Katrina Emergency Management Reform

Act of 2006 (6 U.S.C. 752(a)).

‘‘(2) RISK ASSESSMENT.—

‘‘(A) IN GENERAL.—For each fiscal year, the Administrator shall provide to the appropriate committees of Congress a detailed and comprehensive explanation of the

methodologies used to calculate risk and compute the

allocation of funds for grants administered by the Department, including—

‘‘(i) all variables included in the risk assessment

and the weights assigned to each such variable;

‘‘(ii) an explanation of how each such variable,

as weighted, correlates to risk, and the basis for concluding there is such a correlation; and

‘‘(iii) any change in the methodologies from the

previous fiscal year, including changes in variables

considered, weighting of those variables, and computational methods.

‘‘(B) CLASSIFIED ANNEX.—The information required

under subparagraph (A) shall be provided in unclassified

form to the greatest extent possible, and may include a

classified annex if necessary.

‘‘(C) DEADLINE.—For each fiscal year, the information

required under subparagraph (A) shall be provided on the

earlier of—

‘‘(i) October 31; or

‘‘(ii) 30 days before the issuance of any program

guidance for grants administered by the Department.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 293

‘‘(3) TRIBAL FUNDING REPORT.—At the end of each fiscal

year, the Administrator shall submit to the appropriate committees of Congress a report setting forth the amount of funding

provided during that fiscal year to Indian tribes under any

grant program administered by the Department, whether provided directly or through a subgrant from a State or highrisk urban area.’’.

SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT

OF 2002.

(a) NATIONAL ADVISORY COUNCIL.—Section 508(b) of the Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended—

(1) by striking ‘‘The National Advisory’’ the first place

that term appears and inserting the following:

‘‘(1) IN GENERAL.—The National Advisory’’; and

(2) by adding at the end the following:

‘‘(2) CONSULTATION ON GRANTS.—To ensure input from and

coordination with State, local, and tribal governments and

emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council

on the administration and assessment of grant programs

administered by the Department, including with respect to

the development of program guidance and the development

and evaluation of risk-assessment methodologies, as appropriate.’’.

(b) EVACUATION PLANNING.—Section 512(b)(5)(A) of the Homeland Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by

inserting ‘‘, including the elderly’’ after ‘‘needs’’.

SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006.

(a) FUNDING EFFICACY.—Section 652(a)(2) of the Post-Katrina

Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2))

is amended—

(1) in subparagraph (C), by striking ‘‘and’’ at the end;

(2) in subparagraph (D), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(E) an evaluation of the extent to which grants

administered by the Department, including grants under

title XX of the Homeland Security Act of 2002—

‘‘(i) have contributed to the progress of State, local,

and tribal governments in achieving target capabilities;

and

‘‘(ii) have led to the reduction of risk from natural

disasters, acts of terrorism, or other man-made disasters nationally and in State, local, and tribal jurisdictions.’’.

(b) STATE PREPAREDNESS REPORT.—Section 652(c)(2)(D) of the

Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.

752(c)(2)(D)) is amended by striking ‘‘an assessment of resource

needs’’ and inserting ‘‘a discussion of the extent to which target

capabilities identified in the applicable State homeland security

plan and other applicable plans remain unmet and an assessment

of resources needed’’.

121 STAT. 294 PUBLIC LAW 110–53—AUG. 3, 2007

SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C.

101 et seq.) is amended—

(1) by redesignating title XVIII, as added by the SAFE

Port Act (Public Law 109–347; 120 Stat. 1884), as title XIX;

(2) by redesignating sections 1801 through 1806, as added

by the SAFE Port Act (Public Law 109–347; 120 Stat. 1884),

as sections 1901 through 1906, respectively;

(3) in section 1904(a), as so redesignated, by striking ‘‘section 1802’’ and inserting ‘‘section 1902’’;

(4) in section 1906, as so redesignated, by striking ‘‘section

1802(a)’’ each place that term appears and inserting ‘‘section

1902(a)’’; and

(5) in the table of contents in section 1(b), by striking

the items relating to title XVIII and sections 1801 through

1806, as added by the SAFE Port Act (Public Law 109–347;

120 Stat. 1884), and inserting the following:

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE

‘‘Sec. 1901. Domestic Nuclear Detection Office.

‘‘Sec. 1902. Mission of Office.

‘‘Sec. 1903. Hiring authority.

‘‘Sec. 1904. Testing authority.

‘‘Sec. 1905. Relationship to other Department entities and Federal agencies.

‘‘Sec. 1906. Contracting and grant making authorities.

‘‘TITLE XX—HOMELAND SECURITY GRANTS

‘‘Sec. 2001. Definitions.

‘‘Subtitle A—Grants to States and High-Risk Urban Areas

‘‘Sec. 2002. Homeland Security Grant Programs.

‘‘Sec. 2003. Urban Area Security Initiative.

‘‘Sec. 2004. State Homeland Security Grant Program.

‘‘Sec. 2005. Grants to directly eligible tribes.

‘‘Sec. 2006. Terrorism prevention.

‘‘Sec. 2007. Prioritization.

‘‘Sec. 2008. Use of funds.

‘‘Subtitle B—Grants Administration

‘‘Sec. 2021. Administration and coordination.

‘‘Sec. 2022. Accountability.’’.

TITLE II—EMERGENCY MANAGEMENT

PERFORMANCE GRANTS

SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.

Section 662 of the Post-Katrina Emergency Management

Reform Act of 2006 (6 U.S.C. 762) is amended to read as follows:

‘‘SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

‘‘(a) DEFINITIONS.—In this section—

‘‘(1) the term ‘program’ means the emergency management

performance grants program described in subsection (b); and

‘‘(2) the term ‘State’ has the meaning given that term

in section 102 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5122).

‘‘(b) IN GENERAL.—The Administrator of the Federal Emergency

Management Agency shall continue implementation of an emergency management performance grants program, to make grants

6 USC 596.

6 USC 594.

6 USC 591 et seq.

6 USC 591.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 295

to States to assist State, local, and tribal governments in preparing

for all hazards, as authorized by the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

‘‘(c) FEDERAL SHARE.—Except as otherwise specifically provided

by title VI of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the

cost of an activity carried out using funds made available under

the program shall not exceed 50 percent.

‘‘(d) APPORTIONMENT.—For fiscal year 2008, and each fiscal

year thereafter, the Administrator shall apportion the amounts

appropriated to carry out the program among the States as follows:

‘‘(1) BASELINE AMOUNT.—The Administrator shall first

apportion 0.25 percent of such amounts to each of American

Samoa, the Commonwealth of the Northern Mariana Islands,

Guam, and the Virgin Islands and 0.75 percent of such amounts

to each of the remaining States.

‘‘(2) REMAINDER.—The Administrator shall apportion the

remainder of such amounts in the ratio that—

‘‘(A) the population of each State; bears to

‘‘(B) the population of all States.

‘‘(e) CONSISTENCY IN ALLOCATION.—Notwithstanding subsection

(d), in any fiscal year before fiscal year 2013 in which the appropriation for grants under this section is equal to or greater than the

appropriation for emergency management performance grants in

fiscal year 2007, no State shall receive an amount under this

section for that fiscal year less than the amount that State received

in fiscal year 2007.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out the program—

‘‘(1) for fiscal year 2008, $400,000,000;

‘‘(2) for fiscal year 2009, $535,000,000;

‘‘(3) for fiscal year 2010, $680,000,000;

‘‘(4) for fiscal year 2011, $815,000,000; and

‘‘(5) for fiscal year 2012, $950,000,000.’’.

SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS

CENTERS.

Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) is amended to read as

follows:

‘‘SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS

CENTERS.

‘‘(a) GRANTS.—The Administrator of the Federal Emergency

Management Agency may make grants to States under this title

for equipping, upgrading, and constructing State and local emergency operations centers.

‘‘(b) FEDERAL SHARE.—Notwithstanding any other provision of

this title, the Federal share of the cost of an activity carried out

using amounts from grants made under this section shall not exceed

75 percent.’’.

Territories.

States.

121 STAT. 296 PUBLIC LAW 110–53—AUG. 3, 2007

TITLE III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST

RESPONDERS

SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT

PROGRAM.

(a) ESTABLISHMENT.—Title XVIII of the Homeland Security Act

of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT

PROGRAM.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish the Interoperable Emergency Communications Grant Program to make

grants to States to carry out initiatives to improve local, tribal,

statewide, regional, national and, where appropriate, international

interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism,

and other man-made disasters.

‘‘(b) POLICY.—The Director for Emergency Communications

shall ensure that a grant awarded to a State under this section

is consistent with the policies established pursuant to the responsibilities and authorities of the Office of Emergency Communications under this title, including ensuring that activities funded

by the grant—

‘‘(1) comply with the statewide plan for that State required

by section 7303(f) of the Intelligence Reform and Terrorism

Prevention Act of 2004 (6 U.S.C. 194(f)); and

‘‘(2) comply with the National Emergency Communications

Plan under section 1802, when completed.

‘‘(c) ADMINISTRATION.—

‘‘(1) IN GENERAL.—The Administrator of the Federal Emergency Management Agency shall administer the Interoperable

Emergency Communications Grant Program pursuant to the

responsibilities and authorities of the Administrator under title

V of the Act.

‘‘(2) GUIDANCE.—In administering the grant program, the

Administrator shall ensure that the use of grants is consistent

with guidance established by the Director of Emergency

Communications pursuant to section 7303(a)(1)(H) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.

194(a)(1)(H)).

‘‘(d) USE OF FUNDS.—A State that receives a grant under this

section shall use the grant to implement that State’s Statewide

Interoperability Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.

194(f)) and approved under subsection (e), and to assist with activities determined by the Secretary to be integral to interoperable

emergency communications.

‘‘(e) APPROVAL OF PLANS.—

‘‘(1) APPROVAL AS CONDITION OF GRANT.—Before a State

may receive a grant under this section, the Director of Emergency Communications shall approve the State’s Statewide

Interoperable Communications Plan required under section

6 USC 579.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 297

7303(f) of the Intelligence Reform and Terrorism Prevention

Act of 2004 (6 U.S.C. 194(f)).

‘‘(2) PLAN REQUIREMENTS.—In approving a plan under this

subsection, the Director of Emergency Communications shall

ensure that the plan—

‘‘(A) is designed to improve interoperability at the city,

county, regional, State and interstate level;

‘‘(B) considers any applicable local or regional plan;

and

‘‘(C) complies, to the maximum extent practicable, with

the National Emergency Communications Plan under section 1802.

‘‘(3) APPROVAL OF REVISIONS.—The Director of Emergency

Communications may approve revisions to a State’s plan if

the Director determines that doing so is likely to further interoperability.

‘‘(f) LIMITATIONS ON USES OF FUNDS.—

‘‘(1) IN GENERAL.—The recipient of a grant under this section may not use the grant—

‘‘(A) to supplant State or local funds;

‘‘(B) for any State or local government cost-sharing

contribution; or

‘‘(C) for recreational or social purposes.

‘‘(2) PENALTIES.—In addition to other remedies currently

available, the Secretary may take such actions as necessary

to ensure that recipients of grant funds are using the funds

for the purpose for which they were intended.

‘‘(g) LIMITATIONS ON AWARD OF GRANTS.—

‘‘(1) NATIONAL EMERGENCY COMMUNICATIONS PLAN

REQUIRED.—The Secretary may not award a grant under this

section before the date on which the Secretary completes and

submits to Congress the National Emergency Communications

Plan required under section 1802.

‘‘(2) VOLUNTARY CONSENSUS STANDARDS.—The Secretary

may not award a grant to a State under this section for the

purchase of equipment that does not meet applicable voluntary

consensus standards, unless the State demonstrates that there

are compelling reasons for such purchase.

‘‘(h) AWARD OF GRANTS.—In approving applications and

awarding grants under this section, the Secretary shall consider—

‘‘(1) the risk posed to each State by natural disasters,

acts of terrorism, or other manmade disasters, including—

‘‘(A) the likely need of a jurisdiction within the State

to respond to such risk in nearby jurisdictions;

‘‘(B) the degree of threat, vulnerability, and consequences related to critical infrastructure (from all critical

infrastructure sectors) or key resources identified by the

Administrator or the State homeland security and emergency management plans, including threats to,

vulnerabilities of, and consequences from damage to critical

infrastructure and key resources in nearby jurisdictions;

‘‘(C) the size of the population and density of the population of the State, including appropriate consideration of

military, tourist, and commuter populations;

‘‘(D) whether the State is on or near an international

border;

121 STAT. 298 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(E) whether the State encompasses an economically

significant border crossing; and

‘‘(F) whether the State has a coastline bordering an

ocean, a major waterway used for interstate commerce,

or international waters; and

‘‘(2) the anticipated effectiveness of the State’s proposed

use of grant funds to improve interoperability.

‘‘(i) OPPORTUNITY TO AMEND APPLICATIONS.—In considering

applications for grants under this section, the Administrator shall

provide applicants with a reasonable opportunity to correct defects

in the application, if any, before making final awards.

‘‘(j) MINIMUM GRANT AMOUNTS.— ‘‘(1) STATES.—In awarding grants under this section, the

Secretary shall ensure that for each fiscal year, except as

provided in paragraph (2), no State receives a grant in an

amount that is less than the following percentage of the total

amount appropriated for grants under this section for that

fiscal year:

‘‘(A) For fiscal year 2008, 0.50 percent.

‘‘(B) For fiscal year 2009, 0.50 percent.

‘‘(C) For fiscal year 2010, 0.45 percent.

‘‘(D) For fiscal year 2011, 0.40 percent.

‘‘(E) For fiscal year 2012 and each subsequent fiscal

year, 0.35 percent.

‘‘(2) TERRITORIES AND POSSESSIONS.—In awarding grants

under this section, the Secretary shall ensure that for each

fiscal year, American Samoa, the Commonwealth of the

Northern Mariana Islands, Guam, and the Virgin Islands each

receive grants in amounts that are not less than 0.08 percent

of the total amount appropriated for grants under this section

for that fiscal year.

‘‘(k) CERTIFICATION.—Each State that receives a grant under

this section shall certify that the grant is used for the purpose

for which the funds were intended and in compliance with the

State’s approved Statewide Interoperable Communications Plan.

‘‘(l) STATE RESPONSIBILITIES.—

‘‘(1) 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) grant funds combined with other eligible expenditures having a total value of not less than 80 percent

of the amount of the grant.

‘‘(2) ALLOCATION OF FUNDS.—A State that receives a grant

under this section shall allocate grant funds to tribal governments in the State to assist tribal communities in improving

interoperable communications, in a manner consistent with

the Statewide Interoperable Communications Plan. A State

may not impose unreasonable or unduly burdensome requirements on a tribal government as a condition of providing grant

funds or resources to the tribal government.

‘‘(3) PENALTIES.—If a State violates the requirements of

this subsection, in addition to other remedies available to the

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 299

Secretary, the Secretary may terminate or reduce the amount

of the grant awarded to that State or transfer grant funds

previously awarded to the State directly to the appropriate

local or tribal government.

‘‘(m) REPORTS.—

‘‘(1) ANNUAL REPORTS BY STATE GRANT RECIPIENTS.—A State

that receives a grant under this section shall annually submit

to the Director of Emergency Communications a report on

the progress of the State in implementing that State’s Statewide

Interoperable Communications Plans required under section

7303(f) of the Intelligence Reform and Terrorism Prevention

Act of 2004 (6 U.S.C. 194(f)) and achieving interoperability

at the city, county, regional, State, and interstate levels. The

Director shall make the reports publicly available, including

by making them available on the Internet website of the Office

of Emergency Communications, subject to any redactions that

the Director determines are necessary to protect classified or

other sensitive information.

‘‘(2) ANNUAL REPORTS TO CONGRESS.—At least once each

year, the Director of Emergency Communications shall submit

to Congress a report on the use of grants awarded under

this section and any progress in implementing Statewide Interoperable Communications Plans and improving interoperability

at the city, county, regional, State, and interstate level, as

a result of the award of such grants.

‘‘(n) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed or interpreted to preclude a State from using a grant

awarded under this section for interim or long-term Internet Protocol-based interoperable solutions.

‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for grants under this section—

‘‘(1) for fiscal year 2008, such sums as may be necessary;

‘‘(2) for each of fiscal years 2009 through 2012,

$400,000,000; and

‘‘(3) for each subsequent fiscal year, such sums as may

be necessary.’’.

(b) CLERICAL AMENDMENT.—The table of contents in section

l(b) of such Act is amended by inserting after the item relating

to section 1808 the following:

‘‘Sec. 1809. Interoperable Emergency Communications Grant Program.’’.

(c) INTEROPERABLE COMMUNICATIONS PLANS.—Section 7303 of

the Intelligence Reform and Terrorist Prevention Act of 2004 (6

U.S.C. 194) is amended—

(1) in subsection (f)—

(A) in paragraph (4), by striking ‘‘and’’ at the end;

(B) in paragraph (5), by striking the period at the

end and inserting a semicolon; and

(C) by adding at the end the following:

‘‘(6) include information on the governance structure used

to develop the plan, including such information about all agencies and organizations that participated in developing the plan

and the scope and timeframe of the plan; and

‘‘(7) describe the method by which multi-jurisdictional,

multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the

Public

information.

121 STAT. 300 PUBLIC LAW 110–53—AUG. 3, 2007

jurisdiction, and the process for continuing to incorporate such

input.’’;

(2) in subsection (g)(1), by striking ‘‘or video’’ and inserting

‘‘and video’’.

(d) NATIONAL EMERGENCY COMMUNICATIONS PLAN.—Section

1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c))

is amended—

(1) in paragraph (8), by striking ‘‘and’’ at the end;

(2) in paragraph (9), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(10) set a date, including interim benchmarks, as appropriate, by which State, local, and tribal governments, Federal

departments and agencies, and emergency response providers

expect to achieve a baseline level of national interoperable

communications, as that term is defined under section

7303(g)(1) of the Intelligence Reform and Terrorism Prevention

Act of 2004 (6 U.S.C. 194(g)(1)).’’.

SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

(a) IN GENERAL.—Title XVIII of the Homeland Security Act

of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

‘‘(a) IN GENERAL.—

‘‘(1) ESTABLISHMENT.—The Secretary, acting through the

Director of the Office of Emergency Communications (referred

to in this section as the ‘Director’), and in coordination with

the Federal Communications Commission and the Secretary

of Commerce, shall establish an International Border Community Interoperable Communications Demonstration Project

(referred to in this section as the ‘demonstration project’).

‘‘(2) MINIMUM NUMBER OF COMMUNITIES.—The Director

shall select no fewer than 6 communities to participate in

a demonstration project.

‘‘(3) LOCATION OF COMMUNITIES.—No fewer than 3 of the

communities selected under paragraph (2) shall be located on

the northern border of the United States and no fewer than

3 of the communities selected under paragraph (2) shall be

located on the southern border of the United States.

‘‘(b) CONDITIONS.—The Director, in coordination with the Federal Communications Commission and the Secretary of Commerce,

shall ensure that the project is carried out as soon as adequate

spectrum is available as a result of the 800 megahertz rebanding

process in border areas, and shall ensure that the border projects

do not impair or impede the rebanding process, but under no

circumstances shall funds be distributed under this section unless

the Federal Communications Commission and the Secretary of Commerce agree that these conditions have been met.

‘‘(c) PROGRAM REQUIREMENTS.—Consistent with the responsibilities of the Office of Emergency Communications under section

1801, the Director shall foster local, tribal, State, and Federal

interoperable emergency communications, as well as interoperable

emergency communications with appropriate Canadian and Mexican authorities in the communities selected for the demonstration

project. The Director shall—

Canada.

Mexico.

6 USC 580.

6 USC 572.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 301

‘‘(1) identify solutions to facilitate interoperable communications across national borders expeditiously;

‘‘(2) help ensure that emergency response providers can

communicate with each other in the event of natural disasters,

acts of terrorism, and other man-made disasters;

‘‘(3) provide technical assistance to enable emergency

response providers to deal with threats and contingencies in

a variety of environments;

‘‘(4) identify appropriate joint-use equipment to ensure

communications access;

‘‘(5) identify solutions to facilitate communications between

emergency response providers in communities of differing population densities; and

‘‘(6) take other actions or provide equipment as the Director

deems appropriate to foster interoperable emergency communications.

‘‘(d) DISTRIBUTION OF FUNDS.—

‘‘(1) IN GENERAL.—The Secretary shall distribute funds

under this section to each community participating in the demonstration project through the State, or States, in which each

community is located.

‘‘(2) OTHER PARTICIPANTS.—A State shall make the funds

available promptly to the local and tribal governments and

emergency response providers selected by the Secretary to

participate in the demonstration project.

‘‘(3) REPORT.—Not later than 90 days after a State receives

funds under this subsection the State shall report to the

Director on the status of the distribution of such funds to

local and tribal governments.

‘‘(e) MAXIMUM PERIOD OF GRANTS.—The Director may not fund

any participant under the demonstration project for more than

3 years.

‘‘(f) TRANSFER OF INFORMATION AND KNOWLEDGE.—The Director

shall establish mechanisms to ensure that the information and

knowledge gained by participants in the demonstration project are

transferred among the participants and to other interested parties,

including other communities that submitted applications to the

participant in the project.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for grants under this section such sums as

may be necessary.’’.

(b) CLERICAL AMENDMENT.—The table of contents in section

1(b) of that Act is amended by inserting after the item relating

to section 1809 the following:

‘‘Sec. 1810. Border interoperability demonstration project.’’.

TITLE IV—STRENGTHENING USE OF

THE INCIDENT COMMAND SYSTEM

SEC. 401. DEFINITIONS.

(a) IN GENERAL.—Section 501 of the Homeland Security Act

of 2002 (6 U.S.C. 311) is amended—

(1) by redesignating paragraphs (10) and (11) as paragraphs

(12) and (13), respectively;

121 STAT. 302 PUBLIC LAW 110–53—AUG. 3, 2007

(2) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;

(3) by inserting after paragraph (3) the following:

‘‘(4) the terms ‘credentialed’ and ‘credentialing’ mean

having provided, or providing, respectively, documentation that

identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel

possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under

section 510;’’;

(4) by inserting after paragraph (10), as so redesignated,

the following:

‘‘(11) the term ‘resources’ means personnel and major items

of equipment, supplies, and facilities available or potentially

available for responding to a natural disaster, act of terrorism,

or other man-made disaster;’’;

(5) in paragraph (12), as so redesignated, by striking ‘‘and’’

at the end;

(6) in paragraph (13), as so redesignated, by striking the

period at the end and inserting ‘‘; and’’; and

(7) by adding at the end the following:

‘‘(14) the terms ‘typed’ and ‘typing’ mean having evaluated,

or evaluating, respectively, a resource in accordance with standards created under section 510.’’.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 641

of the Post-Katrina Emergency Management Reform Act of 2006

(6 U.S.C. 741) is amended—

(1) by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively;

(2) by inserting after paragraph (1) the following:

‘‘(2) CREDENTIALED; CREDENTIALING.—The terms

‘credentialed’ and ‘credentialing’ have the meanings given those

terms in section 501 of the Homeland Security Act of 2002

(6 U.S.C. 311).’’; and

(3) by adding at the end the following:

‘‘(12) RESOURCES.—The term ‘resources’ has the meaning

given that term in section 501 of the Homeland Security Act

of 2002 (6 U.S.C. 311).

‘‘(13) TYPE.—The term ‘type’ means a classification of

resources that refers to the capability of a resource.

‘‘(14) TYPED; TYPING.—The terms ‘typed’ and ‘typing’ have

the meanings given those terms in section 501 of the Homeland

Security Act of 2002 (6 U.S.C. 311).’’.

SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.

Section 648(b)(2)(A) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by

striking clauses (iv) and (v) and inserting the following:

‘‘(iv) designed to provide for the systematic evaluation of readiness and enhance operational understanding of the incident command system and relevant

mutual aid agreements;

‘‘(v) designed to address the unique requirements

of populations with special needs, including the elderly;

and

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 303

‘‘(vi) designed to promptly develop after-action

reports and plans for quickly incorporating lessons

learned into future operations; and’’.

SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.

Section 648(b)(2)(B) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by

striking ‘‘shall provide’’ and all that follows through ‘‘of exercises’’

and inserting the following: ‘‘shall include a selection of model

exercises that State, local, and tribal governments can readily adapt

for use and provide assistance to State, local, and tribal governments with the design, implementation, and evaluation of exercises

(whether a model exercise program or an exercise designed locally)’’.

SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL

FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR PREPAREDNESS.

Section 507(c)(2) of the Homeland Security Act of 2002 (6

U.S.C. 317(c)(2)) is amended—

(1) in subparagraph (H) by striking ‘‘and’’ at the end;

(2) by redesignating subparagraph (I) as subparagraph (K);

and

(3) by inserting after subparagraph (H) the following:

‘‘(I) coordinating with the private sector to help ensure

private sector preparedness for natural disasters, acts of

terrorism, and other man-made disasters;

‘‘(J) assisting State, local, and tribal governments,

where appropriate, to preidentify and evaluate suitable

sites where a multijurisdictional incident command system

may quickly be established and operated from, if the need

for such a system arises; and’’.

SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.

Section 651 of the Post-Katrina Emergency Management

Reform Act of 2006 (6 U.S.C. 751) is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘The inventory’’ and inserting ‘‘For each Federal agency

with responsibilities under the National Response Plan,

the inventory’’;

(B) in paragraph (1), by striking ‘‘and’’ at the end;

(C) by redesignating paragraph (2) as paragraph (4);

and

(D) by inserting after paragraph (1) the following:

‘‘(2) a list of personnel credentialed in accordance with

section 510 of the Homeland Security Act of 2002 (6 U.S.C.

320);

‘‘(3) a list of resources typed in accordance with section

510 of the Homeland Security Act of 2002 (6 U.S.C. 320);

and’’; and

(2) in subsection (d)—

(A) in paragraph (1), by striking ‘‘capabilities, readiness’’ and all that follows and inserting the following: ‘‘—

‘‘(A) capabilities;

‘‘(B) readiness;

‘‘(C) the compatibility of equipment;

‘‘(D) credentialed personnel; and

‘‘(E) typed resources;’’;

121 STAT. 304 PUBLIC LAW 110–53—AUG. 3, 2007

(B) in paragraph (2), by inserting ‘‘of capabilities,

credentialed personnel, and typed resources’’ after ‘‘rapid

deployment’’; and

(C) in paragraph (3), by striking ‘‘inventories’’ and

inserting ‘‘the inventory described in subsection (a)’’.

SEC. 406. REPORTING REQUIREMENTS.

Section 652(a)(2) of the Post-Katrina Emergency Management

Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section

103, is further amended—

(1) in subparagraph (C), by striking ‘‘section 651(a);’’ and

inserting ‘‘section 651, including the number and type of

credentialed personnel in each category of personnel trained

and ready to respond to a natural disaster, act of terrorism,

or other man-made disaster;’’;

(2) in subparagraph (D), by striking ‘‘and’’ at the end;

(3) in subparagraph (E), by striking the period at the

end and inserting ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(F) a discussion of whether the list of credentialed

personnel of the Agency described in section 651(b)(2)—

‘‘(i) complies with the strategic human capital plan

developed under section 10102 of title 5, United States

Code; and

‘‘(ii) is sufficient to respond to a natural disaster,

act of terrorism, or other man-made disaster, including

a catastrophic incident.’’.

SEC. 407. FEDERAL PREPAREDNESS.

Section 653 of the Post-Katrina Emergency Management

Reform Act of 2006 (6 U.S.C. 753) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking

‘‘coordinating, primary, or supporting’’;

(B) in paragraph (2), by inserting ‘‘, including

credentialing of personnel and typing of resources likely

needed to respond to a natural disaster, act of terrorism,

or other man-made disaster in accordance with section

510 of the Homeland Security Act of 2002 (6 U.S.C. 320)’’

before the semicolon at the end;

(C) in paragraph (3), by striking ‘‘and’’ at the end;

(D) in paragraph (4), by striking the period at the

end and inserting ‘‘; and’’; and

(E) by adding at the end the following:

‘‘(5) regularly updates, verifies the accuracy of, and provides

to the Administrator the information in the inventory required

under section 651.’’; and

(2) in subsection (d)—

(A) by inserting ‘‘to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on

Transportation and Infrastructure of the House of Representatives’’ after ‘‘The President shall certify’’; and

(B) by striking ‘‘coordinating, primary, or supporting’’.

SEC. 408. CREDENTIALING AND TYPING.

Section 510 of the Homeland Security Act of 2002 (6 U.S.C.

320) is amended—

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 305

(1) by striking ‘‘The Administrator’’ and inserting the following:

‘‘(a) IN GENERAL.—The Administrator’’;

(2) in subsection (a), as so designated, by striking

‘‘credentialing of personnel and typing of’’ and inserting ‘‘for

credentialing and typing of incident management personnel,

emergency response providers, and other personnel (including

temporary personnel) and’’; and

(3) by adding at the end the following:

‘‘(b) DISTRIBUTION.—

‘‘(1) IN GENERAL.—Not later than 1 year after the date

of enactment of the Implementing Recommendations of the

9/11 Commission Act of 2007, the Administrator shall provide

the standards developed under subsection (a), including detailed

written guidance, to—

‘‘(A) each Federal agency that has responsibilities

under the National Response Plan to aid that agency with

credentialing and typing incident management personnel,

emergency response providers, and other personnel

(including temporary personnel) and resources likely

needed to respond to a natural disaster, act of terrorism,

or other man-made disaster; and

‘‘(B) State, local, and tribal governments, to aid such

governments with credentialing and typing of State, local,

and tribal incident management personnel, emergency

response providers, and other personnel (including temporary personnel) and resources likely needed to respond

to a natural disaster, act of terrorism, or other man-made

disaster.

‘‘(2) ASSISTANCE.—The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and

tribal government agencies with credentialing and typing

incident management personnel, emergency response providers,

and other personnel (including temporary personnel) and

resources likely needed to respond to a natural disaster, act

of terrorism, or other man-made disaster.

‘‘(c) CREDENTIALING AND TYPING OF PERSONNEL.—Not later

than 6 months after receiving the standards provided under subsection (b), each Federal agency with responsibilities under the

National Response Plan shall ensure that incident management

personnel, emergency response providers, and other personnel

(including temporary personnel) and resources likely needed to

respond to a natural disaster, act of terrorism, or other manmade

disaster are credentialed and typed in accordance with this section.

‘‘(d) CONSULTATION ON HEALTH CARE STANDARDS.—In developing standards for credentialing health care professionals under

this section, the Administrator shall consult with the Secretary

of Health and Human Services.’’.

SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE WORKERS.

(a) IN GENERAL.—Title V of the Homeland Security Act of

2002 (6 U.S.C. 311 et seq.) is amended by adding at the end

the following:

Deadline.

Deadline.

Guidance.

121 STAT. 306 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE WORKERS.

‘‘(a) IN GENERAL.—Not later than 12 months after the date

of enactment of the Implementing Recommendations of the 9/11

Commission Act of 2007, and in coordination with appropriate

national professional organizations, Federal, State, local, and tribal

government agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be

used by a State to credential critical infrastructure workers that

may respond to a natural disaster, act of terrorism, or other manmade disaster.

‘‘(b) DISTRIBUTION AND ASSISTANCE.—The Administrator shall

provide the standards developed under subsection (a), including

detailed written guidance, to State, local, and tribal governments,

and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure workers that may

respond to a natural disaster, act of terrorism, or other manmade

disaster.’’.

(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(b)) is amended by inserting after the item relating

to section 521 the following:

‘‘Sec. 522. Model standards and guidelines for critical infrastructure workers.’’.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as necessary

to carry out this title and the amendments made by this title.

TITLE V—IMPROVING INTELLIGENCE

AND INFORMATION SHARING WITHIN

THE FEDERAL GOVERNMENT AND

WITH STATE, LOCAL, AND TRIBAL

GOVERNMENTS

Subtitle A—Homeland Security

Information Sharing Enhancement

SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION

SHARING.

(a) ADVISORY SYSTEM AND INFORMATION SHARING.— (1) 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. 203. HOMELAND SECURITY ADVISORY SYSTEM.

‘‘(a) REQUIREMENT.—The Secretary shall administer the Homeland Security Advisory System in accordance with this section to

provide advisories or warnings regarding the threat or risk that

acts of terrorism will be committed on the homeland to Federal,

State, local, and tribal government authorities and to the people

of the United States, as appropriate. The Secretary shall exercise

primary responsibility for providing such advisories or warnings.

6 USC 124.

Deadline.

6 USC 321k.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 307

‘‘(b) REQUIRED ELEMENTS.—In administering the Homeland

Security Advisory System, the Secretary shall—

‘‘(1) establish criteria for the issuance and revocation of

such advisories or warnings;

‘‘(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation

of such advisories or warnings;

‘‘(3) provide, in each such advisory or warning, specific

information and advice regarding appropriate protective measures and countermeasures that may be taken in response to

the threat or risk, at the maximum level of detail practicable

to enable individuals, government entities, emergency response

providers, and the private sector to act appropriately;

‘‘(4) whenever possible, limit the scope of each such advisory

or warning to a specific region, locality, or economic sector

believed to be under threat or at risk; and

‘‘(5) not, in issuing any advisory or warning, use color

designations as the exclusive means of specifying homeland

security threat conditions that are the subject of the advisory

or warning.

‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

‘‘(a) INFORMATION SHARING.—Consistent with section 1016 of

the Intelligence Reform and Terrorism Prevention Act of 2004 (6

U.S.C. 485), the Secretary, acting through the Under Secretary

for Intelligence and Analysis, shall integrate the information and

standardize the format of the products of the intelligence components of the Department containing homeland security information,

terrorism information, weapons of mass destruction information,

or national intelligence (as defined in section 3(5) of the National

Security Act of 1947 (50 U.S.C. 401a(5))) except for any internal

security protocols or personnel information of such intelligence

components, or other administrative processes that are administered by any chief security officer of the Department.

‘‘(b) INFORMATION SHARING AND KNOWLEDGE MANAGEMENT

OFFICERS.—For each intelligence component of the Department,

the Secretary shall designate an information sharing and knowledge

management officer who shall report to the Under Secretary for

Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland

security information or national intelligence (as defined in section

3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))).

‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION.—

‘‘(1) ESTABLISHMENT OF BUSINESS PROCESSES.—The Secretary, acting through the Under Secretary for Intelligence

and Analysis or the Assistant Secretary for Infrastructure

Protection, as appropriate, shall—

‘‘(A) establish Department-wide procedures for the

review and analysis of information provided by State, local,

and tribal governments and the private sector;

‘‘(B) as appropriate, integrate such information into

the information gathered by the Department and other

departments and agencies of the Federal Government; and

‘‘(C) make available such information, as appropriate,

within the Department and to other departments and agencies of the Federal Government.

Procedures.

6 USC 124a.

Criteria.

121 STAT. 308 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(2) FEEDBACK.—The Secretary shall develop mechanisms

to provide feedback regarding the analysis and utility of

information provided by any entity of State, local, or tribal

government or the private sector that provides such information

to the Department.

‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.—

‘‘(1) TRAINING.—The Secretary, acting through the Under

Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall provide to employees of the Department opportunities for training

and education to develop an understanding of—

‘‘(A) the definitions of homeland security information

and national intelligence (as defined in section 3(5) of the

National Security Act of 1947 (50 U.S.C. 401a(5))); and

‘‘(B) how information available to such employees as

part of their duties—

‘‘(i) might qualify as homeland security information

or national intelligence; and

‘‘(ii) might be relevant to the Office of Intelligence

and Analysis and the intelligence components of the

Department.

‘‘(2) EVALUATIONS.—The Under Secretary for Intelligence

and Analysis shall—

‘‘(A) on an ongoing basis, evaluate how employees of

the Office of Intelligence and Analysis and the intelligence

components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this title, and

participating in the information sharing environment established under section 1016 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485); and

‘‘(B) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph

(A).

‘‘SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK

ARCHITECTURE.

‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Under

Secretary for Intelligence and Analysis, shall establish, consistent

with the policies and procedures developed under section 1016

of the Intelligence Reform and Terrorism Prevention Act of 2004

(6 U.S.C. 485), and consistent with the enterprise architecture

of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that

connects the various databases and related information technology

assets of the Office of Intelligence and Analysis and the intelligence

components of the Department in order to promote internal information sharing among the intelligence and other personnel of the

Department.

‘‘(b) COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK

ARCHITECTURE DEFINED.—The term ‘comprehensive information

technology network architecture’ means an integrated framework

for evolving or maintaining existing information technology and

acquiring new information technology to achieve the strategic

management and information resources management goals of the

Office of Intelligence and Analysis.

6 USC 124b.

Reports.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 309

‘‘SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.

‘‘(a) GUIDANCE.—All activities to comply with sections 203, 204,

and 205 shall be—

‘‘(1) consistent with any policies, guidelines, procedures,

instructions, or standards established under section 1016 of

the Intelligence Reform and Terrorism Prevention Act of 2004

(6 U.S.C. 485);

‘‘(2) implemented in coordination with, as appropriate, the

program manager for the information sharing environment

established under that section;

‘‘(3) consistent with any applicable guidance issued by the

Director of National Intelligence; and

‘‘(4) consistent with any applicable guidance issued by the

Secretary relating to the protection of law enforcement information or proprietary information.

‘‘(b) CONSULTATION.—In carrying out the duties and responsibilities under this subtitle, the Under Secretary for Intelligence and

Analysis shall take into account the views of the heads of the

intelligence components of the Department.’’.

(2) TECHNICAL AND CONFORMING AMENDMENTS.— (A) IN GENERAL.—Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended—

(i) by striking paragraph (7); and

(ii) by redesignating paragraphs (8) through (19)

as paragraphs (7) through (18), respectively.

(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 202 the following:

‘‘Sec. 203. Homeland Security Advisory System.

‘‘Sec. 204. Homeland security information sharing.

‘‘Sec. 205. Comprehensive information technology network architecture.

‘‘Sec. 206. Coordination with information sharing environment.’’.

(b) OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF

INFRASTRUCTURE PROTECTION.—Section 201(d) of the Homeland

Security Act of 2002 (6 U.S.C. 121(d)) is amended—

(1) in paragraph (1), by inserting ‘‘, in support of the

mission responsibilities of the Department and the functions

of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 404o),’’

after ‘‘and to integrate such information’’; and

(2) by striking paragraph (7), as redesignated by subsection

(a)(2)(A)(ii) of this section, and inserting the following:

‘‘(7) To review, analyze, and make recommendations for

improvements to the policies and procedures governing the

sharing of information within the scope of the information

sharing environment established under section 1016 of the

Intelligence Reform and Terrorism Prevention Act of 2004 (6

U.S.C. 485), including homeland security information, terrorism

information, and weapons of mass destruction information, and

any policies, guidelines, procedures, instructions, or standards

established under that section.’’.

(c) REPORT ON COMPREHENSIVE INFORMATION TECHNOLOGY

NETWORK ARCHITECTURE.—Not later than 120 days after the date

of enactment of this Act, the Secretary of Homeland Security shall

submit to the Committee on Homeland Security and Governmental

6 USC 124c.

121 STAT. 310 PUBLIC LAW 110–53—AUG. 3, 2007

Affairs of the Senate and the Committee on Homeland Security

of the House of Representatives a report on the progress of the

Secretary in developing the comprehensive information technology

network architecture required under section 205 of the Homeland

Security Act of 2002, as added by subsection (a). The report shall

include—

(1) a description of the priorities for the development of

the comprehensive information technology network architecture

and a rationale for such priorities;

(2) an explanation of how the various components of the

comprehensive information technology network architecture

will work together and interconnect;

(3) a description of the technological challenges that the

Secretary expects the Office of Intelligence and Analysis will

face in implementing the comprehensive information technology

network architecture;

(4) a description of the technological options that are available or are in development that may be incorporated into the

comprehensive information technology network architecture,

the feasibility of incorporating such options, and the advantages

and disadvantages of doing so;

(5) an explanation of any security protections to be developed as part of the comprehensive information technology network architecture;

(6) a description of safeguards for civil liberties and privacy

to be built into the comprehensive information technology network architecture; and

(7) an operational best practices plan.

SEC. 502. INTELLIGENCE COMPONENT DEFINED.

(a) IN GENERAL.—Section 2 of the Homeland Security Act of

2002 (6 U.S.C. 101) is amended—

(1) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and

(2) by inserting after paragraph (8) the following:

‘‘(9) The term ‘intelligence component of the Department’

means any element or entity of the Department that collects,

gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing

environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3(5)

of the National Security Act of 1947 (50 U.S.C. 401a(5)),

except—

‘‘(A) the United States Secret Service; and

‘‘(B) the Coast Guard, when operating under the direct

authority of the Secretary of Defense or Secretary of the

Navy pursuant to section 3 of title 14, United States Code,

except that nothing in this paragraph shall affect or

diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the

Coast Guard as an armed force or the authority of the

Director of National Intelligence with respect to the Coast

Guard as an element of the intelligence community (as

defined under section 3(4) of the National Security Act

of 1947 (50 U.S.C. 401a(4)).’’.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 311

(b) RECEIPT OF INFORMATION FROM UNITED STATES SECRET

SERVICE.—

(1) IN GENERAL.—The Under Secretary for Intelligence and

Analysis shall receive from the United States Secret Service

homeland security information, terrorism information, weapons

of mass destruction information (as these terms are defined

in Section 1016 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence,

as defined in Section 3(5) of the National Security Act of 1947

(50 U.S.C. 401a(5)), as well as suspect information obtained

in criminal investigations. The United States Secret Service

shall cooperate with the Under Secretary for Intelligence and

Analysis with respect to activities under sections 204 and 205

of the Homeland Security Act of 2002.

(2) SAVINGS CLAUSE.—Nothing in this Act shall interfere

with the operation of Section 3056(g) of Title 18, United States

Code, or with the authority of the Secretary of Homeland Security or the Director of the United States Secret Service

regarding the budget of the United States Secret Service.

(c) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) HOMELAND SECURITY ACT OF 2002.—Paragraph (13) of

section 501 of the Homeland Security Act of 2002 (6 U.S.C.

311), as redesignated by section 401, is amended by striking

‘‘section 2(10)(B)’’ and inserting ‘‘section 2(11)(B)’’.

(2) OTHER LAW.—Section 712(a) of title 14, United States

Code, is amended by striking ‘‘section 2(15) of the Homeland

Security Act of 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘section

2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))’’.

SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND

INFORMATION SHARING.

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security

Act of 2002 is further amended by adding at the end the following:

‘‘SEC. 207. INTELLIGENCE COMPONENTS.

‘‘Subject to the direction and control of the Secretary, and

consistent with any applicable guidance issued by the Director

of National Intelligence, the responsibilities of the head of each

intelligence component of the Department are as follows:

‘‘(1) To ensure that the collection, processing, analysis,

and dissemination of information within the scope of the

information sharing environment, including homeland security

information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section

3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))),

are carried out effectively and efficiently in support of the

intelligence mission of the Department, as led by the Under

Secretary for Intelligence and Analysis.

‘‘(2) To otherwise support and implement the intelligence

mission of the Department, as led by the Under Secretary

for Intelligence and Analysis.

‘‘(3) To incorporate the input of the Under Secretary for

Intelligence and Analysis with respect to performance

appraisals, bonus or award recommendations, pay adjustments,

and other forms of commendation.

‘‘(4) To coordinate with the Under Secretary for Intelligence

and Analysis in developing policies and requirements for the

6 USC 124d.

6 USC 124a note.

121 STAT. 312 PUBLIC LAW 110–53—AUG. 3, 2007

recruitment and selection of intelligence officials of the intelligence component.

‘‘(5) To advise and coordinate with the Under Secretary

for Intelligence and Analysis on any plan to reorganize or

restructure the intelligence component that would, if implemented, result in realignments of intelligence functions.

‘‘(6) To ensure that employees of the intelligence component

have knowledge of, and comply with, the programs and policies

established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and

that such employees comply with all applicable laws and regulations.

‘‘(7) To perform such other activities relating to such

responsibilities as the Secretary may provide.

‘‘SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.

‘‘The Secretary shall provide training and guidance for

employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations,

operations, policies, procedures, and programs that are related to

the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope

of the information sharing environment, including homeland security information, terrorism information, and weapons of mass

destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))).

‘‘SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND

LOCAL GOVERNMENT OFFICIALS.

‘‘(a) CURRICULUM.—The Secretary, acting through the Under

Secretary for Intelligence and Analysis, shall—

‘‘(1) develop a curriculum for training State, local, and

tribal government officials, including law enforcement officers,

intelligence analysts, and other emergency response providers,

in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and

‘‘(2) ensure that the curriculum includes executive level

training for senior level State, local, and tribal law enforcement

officers, intelligence analysts, and other emergency response

providers.

‘‘(b) TRAINING.—To the extent possible, the Federal Law

Enforcement Training Center and other existing Federal entities

with the capacity and expertise to train State, local, and tribal

government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created

under this section. If such entities do not have the capacity,

resources, or capabilities to conduct such training, the Secretary

may approve another entity to conduct such training.

‘‘(c) CONSULTATION.—In carrying out the duties described in

subsection (a), the Under Secretary for Intelligence and Analysis

shall consult with the Director of the Federal Law Enforcement

Training Center, the Attorney General, the Director of National

Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private

industry, institutions of higher education, nonprofit institutions,

and other intelligence agencies of the Federal Government.

6 USC 124f.

6 USC 124e.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 313

‘‘SEC. 210. INFORMATION SHARING INCENTIVES.

‘‘(a) AWARDS.—In making cash awards under chapter 45 of

title 5, United States Code, the President or the head of an agency,

in consultation with the program manager designated under section

1016 of the Intelligence Reform and Terrorism Prevention Act of

2004 (6 U.S.C. 485), may consider the success of an employee

in appropriately sharing information within the scope of the

information sharing environment established under that section,

including homeland security information, terrorism information,

and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act

of 1947 (50 U.S.C. 401a(5)), in a manner consistent with any policies, guidelines, procedures, instructions, or standards established

by the President or, as appropriate, the program manager of that

environment for the implementation and management of that

environment.

‘‘(b) OTHER INCENTIVES.—The head of each department or

agency described in section 1016(i) of the Intelligence Reform and

Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation

with the program manager designated under section 1016 of the

Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.

485), shall adopt best practices regarding effective ways to educate

and motivate officers and employees of the Federal Government

to participate fully in the information sharing environment,

including—

‘‘(1) promotions and other nonmonetary awards; and

‘‘(2) publicizing information sharing accomplishments by

individual employees and, where appropriate, the tangible end

benefits that resulted.’’.

(b) CLERICAL 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 further by inserting after the item relating to section

206 the following:

‘‘Sec. 207. Intelligence components.

‘‘Sec. 208. Training for employees of intelligence components.

‘‘Sec. 209. Intelligence training development for State and local government officials.

‘‘Sec. 210. Information sharing incentives.’’.

SEC. 504. INFORMATION SHARING.

Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended—

(1) in subsection (a)—

(A) by redesignating paragraphs (1) through (4) as

paragraphs (2) through (5), respectively;

(B) by inserting before paragraph (2), as so redesignated, the following:

‘‘(1) HOMELAND SECURITY INFORMATION.—The term ‘homeland security information’ has the meaning given that term

in section 892(f) of the Homeland Security Act of 2002 (6

U.S.C. 482(f)).’’;

(C) by striking paragraph (3), as so redesignated, and

inserting the following:

‘‘(3) INFORMATION SHARING ENVIRONMENT.—The terms

‘information sharing environment’ and ‘ISE’ mean an approach

that facilitates the sharing of terrorism and homeland security

information, which may include any method determined necessary and appropriate for carrying out this section.’’;

6 USC 124g.

121 STAT. 314 PUBLIC LAW 110–53—AUG. 3, 2007

(D) by striking paragraph (5), as so redesignated, and

inserting the following:

‘‘(5) TERRORISM INFORMATION.—The term ‘terrorism

information’—

‘‘(A) means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to—

‘‘(i) the existence, organization, capabilities, plans,

intentions, vulnerabilities, means of finance or material

support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or

individuals involved in transnational terrorism;

‘‘(ii) threats posed by such groups or individuals

to the United States, United States persons, or United

States interests, or to those of other nations;

‘‘(iii) communications of or by such groups or

individuals; or

‘‘(iv) groups or individuals reasonably believed to

be assisting or associated with such groups or individuals; and

‘‘(B) includes weapons of mass destruction information.’’; and

(E) by adding at the end the following:

‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The

term ‘weapons of mass destruction information’ means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction

(including a chemical, biological, radiological, or nuclear

weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about

the location of any stockpile of nuclear materials that could

be exploited for use in such a weapon that could be used

by a terrorist or a terrorist organization against the United

States.’’;

(2) in subsection (b)(2)—

(A) in subparagraph (H), by striking ‘‘and’’ at the end;

(B) in subparagraph (I), by striking the period at the

end and inserting a semicolon; and

(C) by adding at the end the following:

‘‘(J) integrates the information within the scope of the

information sharing environment, including any such

information in legacy technologies;

‘‘(K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with

appropriate security protocols and safeguards, to enable

connectivity among required users at the Federal, State,

and local levels;

‘‘(L) allows the full range of analytic and operational

activities without the need to centralize information within

the scope of the information sharing environment;

‘‘(M) permits analysts to collaborate both independently

and in a group (commonly known as ‘collective and noncollective collaboration’), and across multiple levels of

national security information and controlled unclassified

information;

‘‘(N) provides a resolution process that enables changes

by authorized officials regarding rules and policies for the

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 315

access, use, and retention of information within the scope

of the information sharing environment; and

‘‘(O) incorporates continuous, real-time, and immutable

audit capabilities, to the maximum extent practicable.’’;

(3) in subsection (f)—

(A) in paragraph (1)—

(i) by striking ‘‘during the two-year period beginning on the date of designation under this paragraph

unless sooner removed from service and replaced’’ and

inserting ‘‘until removed from service or replaced’’; and

(ii) by striking ‘‘The program manager shall have

and exercise governmentwide authority.’’ and inserting

‘‘The program manager, in consultation with the head

of any affected department or agency, shall have and

exercise governmentwide authority over the sharing

of information within the scope of the information

sharing environment, including homeland security

information, terrorism information, and weapons of

mass destruction information, by all Federal departments, agencies, and components, irrespective of the

Federal department, agency, or component in which

the program manager may be administratively located,

except as otherwise expressly provided by law.’’; and

(B) in paragraph (2)(A)—

(i) by redesignating clause (iii) as clause (v); and

(ii) by striking clause (ii) and inserting the following:

‘‘(ii) assist in the development of policies, as appropriate, to foster the development and proper operation

of the ISE;

‘‘(iii) consistent with the direction and policies

issued by the President, the Director of National Intelligence, and the Director of the Office of Management

and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper

operation of the ISE;

‘‘(iv) identify and resolve information sharing disputes between Federal departments, agencies, and

components; and’’;

(4) in subsection (g)—

(A) in paragraph (1), by striking ‘‘during the two-year

period beginning on the date of the initial designation

of the program manager by the President under subsection

(f)(1), unless sooner removed from service and replaced’’

and inserting ‘‘until removed from service or replaced’’;

(B) in paragraph (2)—

(i) in subparagraph (F), by striking ‘‘and’’ at the

end;

(ii) by redesignating subparagraph (G) as subparagraph (I); and

(iii) by inserting after subparagraph (F) the following:

‘‘(G) assist the program manager in identifying and

resolving information sharing disputes between Federal

departments, agencies, and components;

121 STAT. 316 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(H) identify appropriate personnel for assignment to

the program manager to support staffing needs identified

by the program manager; and’’;

(C) in paragraph (4), by inserting ‘‘(including any subsidiary group of the Information Sharing Council)’’ before

‘‘shall not be subject’’; and

(D) by adding at the end the following:

‘‘(5) DETAILEES.—Upon a request by the Director of

National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to

the program manager, on a reimbursable basis, appropriate

personnel identified under paragraph (2)(H).’’;

(5) in subsection (h)(1), by striking ‘‘and annually thereafter’’ and inserting ‘‘and not later than June 30 of each year

thereafter’’; and

(6) by striking subsection (j) and inserting the following:

‘‘(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.—

‘‘(1) IN GENERAL.—Not later than 180 days after the date

of enactment of the Implementing Recommendations of the

9/11 Commission Act of 2007, the President shall report to

the Committee on Homeland Security and Governmental

Affairs of the Senate, the Select Committee on Intelligence

of the Senate, the Committee on Homeland Security of the

House of Representatives, and the Permanent Select Committee

on Intelligence of the House of Representatives on the feasibility

of—

‘‘(A) eliminating the use of any marking or process

(including ‘Originator Control’) intended to, or having the

effect of, restricting the sharing of information within the

scope of the information sharing environment, including

homeland security information, terrorism information, and

weapons of mass destruction information, between and

among participants in the information sharing environment, unless the President has—

‘‘(i) specifically exempted categories of information

from such elimination; and

‘‘(ii) reported that exemption to the committees

of Congress described in the matter preceding this

subparagraph; and

‘‘(B) continuing to use Federal agency standards in

effect on such date of enactment for the collection, sharing,

and access to information within the scope of the information sharing environment, including homeland security

information, terrorism information, and weapons of mass

destruction information, relating to citizens and lawful

permanent residents;

‘‘(C) replacing the standards described in subparagraph

(B) with a standard that would allow mission-based or

threat-based permission to access or share information

within the scope of the information sharing environment,

including homeland security information, terrorism

information, and weapons of mass destruction information,

for a particular purpose that the Federal Government,

through an appropriate process established in consultation

with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully

President.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 317

permissible for a particular agency, component, or employee

(commonly known as an ‘authorized use’ standard); and

‘‘(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing,

disseminating, or handling information within the scope

of the information sharing environment, including homeland security information, terrorism information, and

weapons of mass destruction information, in any cases

in which—

‘‘(i) the use of such information is reasonably

expected to produce results materially equivalent to

the use of information that is transferred or stored

in a non-anonymized form; and

‘‘(ii) such use is consistent with any mission of

that department, agency, or component (including any

mission under a Federal statute or directive of the

President) that involves the storage, retention, sharing,

or exchange of personally identifiable information.

‘‘(2) DEFINITION.—In this subsection, the term ‘anonymized

data’ means data in which the individual to whom the data

pertains is not identifiable with reasonable efforts, including

information that has been encrypted or hidden through the

use of other technology.

‘‘(k) ADDITIONAL POSITIONS.—The program manager is authorized to hire not more than 40 full-time employees to assist the

program manager in—

‘‘(1) activities associated with the implementation of the

information sharing environment, including—

‘‘(A) implementing the requirements under subsection

(b)(2); and

‘‘(B) any additional implementation initiatives to

enhance and expedite the creation of the information

sharing environment; and

‘‘(2) identifying and resolving information sharing disputes

between Federal departments, agencies, and components under

subsection (f)(2)(A)(iv).

‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $30,000,000 for each

of fiscal years 2008 and 2009.’’.

Subtitle B—Homeland Security

Information Sharing Partnerships

SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND

REGIONAL FUSION CENTER INITIATIVE.

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security

Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding

at the end the following:

‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL,

AND REGIONAL FUSION CENTER INITIATIVE.

‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the

program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the

Privacy Officer of the Department, the Officer for Civil Rights

6 USC 124h.

121 STAT. 318 PUBLIC LAW 110–53—AUG. 3, 2007

and Civil Liberties of the Department, and the Privacy and Civil

Liberties Oversight Board established under section 1061 of the

Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C.

601 note), shall establish a Department of Homeland Security State,

Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.

‘‘(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the

Department of Homeland Security State, Local, and Regional Fusion

Center Initiative, and in coordination with the principal officials

of participating State, local, or regional fusion centers and the

officers designated as the Homeland Security Advisors of the States,

the Secretary shall—

‘‘(1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;

‘‘(2) support efforts to include State, local, and regional

fusion centers into efforts to establish an information sharing

environment;

‘‘(3) conduct tabletop and live training exercises to regularly

assess the capability of individual and regional networks of

State, local, and regional fusion centers to integrate the efforts

of such networks with the efforts of the Department;

‘‘(4) coordinate with other relevant Federal entities engaged

in homeland security-related activities;

‘‘(5) provide analytic and reporting advice and assistance

to State, local, and regional fusion centers;

‘‘(6) review information within the scope of the information

sharing environment, including homeland security information,

terrorism information, and weapons of mass destruction

information, that is gathered by State, local, and regional fusion

centers, and to incorporate such information, as appropriate,

into the Department’s own such information;

‘‘(7) provide management assistance to State, local, and

regional fusion centers;

‘‘(8) serve as a point of contact to ensure the dissemination

of information within the scope of the information sharing

environment, including homeland security information, terrorism information, and weapons of mass destruction information;

‘‘(9) facilitate close communication and coordination

between State, local, and regional fusion centers and the

Department;

‘‘(10) provide State, local, and regional fusion centers with

expertise on Department resources and operations;

‘‘(11) provide training to State, local, and regional fusion

centers and encourage such fusion centers to participate in

terrorism threat-related exercises conducted by the Department; and

‘‘(12) carry out such other duties as the Secretary determines are appropriate.

‘‘(c) PERSONNEL ASSIGNMENT.—

‘‘(1) IN GENERAL.—The Under Secretary for Intelligence

and Analysis shall, to the maximum extent practicable, assign

officers and intelligence analysts from components of the

Department to participating State, local, and regional fusion

centers.

‘‘(2) PERSONNEL SOURCES.—Officers and intelligence

analysts assigned to participating fusion centers under this

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 319

subsection may be assigned from the following Department

components, in coordination with the respective component

head and in consultation with the principal officials of participating fusion centers:

‘‘(A) Office of Intelligence and Analysis.

‘‘(B) Office of Infrastructure Protection.

‘‘(C) Transportation Security Administration.

‘‘(D) United States Customs and Border Protection.

‘‘(E) United States Immigration and Customs Enforcement.

‘‘(F) United States Coast Guard.

‘‘(G) Other components of the Department, as determined by the Secretary.

‘‘(3) QUALIFYING CRITERIA.—

‘‘(A) IN GENERAL.—The Secretary shall develop qualifying criteria for a fusion center to participate in the

assigning of Department officers or intelligence analysts

under this section.

‘‘(B) CRITERIA.—Any criteria developed under subparagraph (A) may include—

‘‘(i) whether the fusion center, through its mission

and governance structure, focuses on a broad

counterterrorism approach, and whether that broad

approach is pervasive through all levels of the

organization;

‘‘(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad

counterterrorism mission;

‘‘(iii) whether the fusion center has—

‘‘(I) access to relevant law enforcement, emergency response, private sector, open source, and

national security data; and

‘‘(II) the ability to share and analytically utilize that data for lawful purposes;

‘‘(iv) whether the fusion center is adequately

funded by the State, local, or regional government

to support its counterterrorism mission; and

‘‘(v) the relevancy of the mission of the fusion

center to the particular source component of Department officers or intelligence analysts.

‘‘(4) PREREQUISITE.—

‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING.—Before being assigned to a fusion center

under this section, an officer or intelligence analyst shall

undergo—

‘‘(i) appropriate intelligence analysis or information

sharing training using an intelligence-led policing curriculum that is consistent with—

‘‘(I) standard training and education programs

offered to Department law enforcement and intelligence personnel; and

‘‘(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of

Federal Regulations (or any corresponding similar

rule or regulation);

121 STAT. 320 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(ii) appropriate privacy and civil liberties training

that is developed, supported, or sponsored by the Privacy Officer appointed under section 222 and the

Officer for Civil Rights and Civil Liberties of the

Department, in consultation with the Privacy and Civil

Liberties Oversight Board established under section

1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and

‘‘(iii) such other training prescribed by the Under

Secretary for Intelligence and Analysis.

‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—In determining

the eligibility of an officer or intelligence analyst to be

assigned to a fusion center under this section, the Under

Secretary for Intelligence and Analysis shall consider the

familiarity of the officer or intelligence analyst with the

State, locality, or region, as determined by such factors

as whether the officer or intelligence analyst—

‘‘(i) has been previously assigned in the geographic

area; or

‘‘(ii) has previously worked with intelligence officials or law enforcement or other emergency response

providers from that State, locality, or region.

‘‘(5) EXPEDITED SECURITY CLEARANCE PROCESSING.—The

Under Secretary for Intelligence and Analysis—

‘‘(A) shall ensure that each officer or intelligence

analyst assigned to a fusion center under this section has

the appropriate security clearance to contribute effectively

to the mission of the fusion center; and

‘‘(B) may request that security clearance processing

be expedited for each such officer or intelligence analyst

and may use available funds for such purpose.

‘‘(6) FURTHER QUALIFICATIONS.—Each officer or intelligence

analyst assigned to a fusion center under this section shall

satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe.

‘‘(d) RESPONSIBILITIES.—An officer or intelligence analyst

assigned to a fusion center under this section shall—

‘‘(1) assist law enforcement agencies and other emergency

response providers of State, local, and tribal governments and

fusion center personnel in using information within the scope

of the information sharing environment, including homeland

security information, terrorism information, and weapons of

mass destruction information, to develop a comprehensive and

accurate threat picture;

‘‘(2) review homeland security-relevant information from

law enforcement agencies and other emergency response providers of State, local, and tribal government;

‘‘(3) create intelligence and other information products

derived from such information and other homeland securityrelevant information provided by the Department; and

‘‘(4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis,

to law enforcement agencies and other emergency response

providers of State, local, and tribal government, other fusion

centers, and appropriate Federal agencies.

‘‘(e) BORDER INTELLIGENCE PRIORITY.—

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 321

‘‘(1) IN GENERAL.—The Secretary shall make it a priority

to assign officers and intelligence analysts under this section

from United States Customs and Border Protection, United

States Immigration and Customs Enforcement, and the Coast

Guard to participating State, local, and regional fusion centers

located in jurisdictions along land or maritime borders of the

United States in order to enhance the integrity of and security

at such borders by helping Federal, State, local, and tribal

law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that

pose a threat to homeland security.

‘‘(2) BORDER INTELLIGENCE PRODUCTS.—When performing

the responsibilities described in subsection (d), officers and

intelligence analysts assigned to participating State, local, and

regional fusion centers under this section shall have, as a

primary responsibility, the creation of border intelligence products that—

‘‘(A) assist State, local, and tribal law enforcement

agencies in deploying their resources most efficiently to

help detect and interdict terrorists, weapons of mass

destruction, and related contraband at land or maritime

borders of the United States;

‘‘(B) promote more consistent and timely sharing of

border security-relevant information among jurisdictions

along land or maritime borders of the United States; and

‘‘(C) enhance the Department’s situational awareness

of the threat of acts of terrorism at or involving the land

or maritime borders of the United States.

‘‘(f) DATABASE ACCESS.—In order to fulfill the objectives

described under subsection (d), each officer or intelligence analyst

assigned to a fusion center under this section shall have appropriate

access to all relevant Federal databases and information systems,

consistent with any policies, guidelines, procedures, instructions,

or standards established by the President or, as appropriate, the

program manager of the information sharing environment for the

implementation and management of that environment.

‘‘(g) CONSUMER FEEDBACK.—

‘‘(1) IN GENERAL.—The Secretary shall create a voluntary

mechanism for any State, local, or tribal law enforcement officer

or other emergency response provider who is a consumer of

the intelligence or other information products referred to in

subsection (d) to provide feedback to the Department on the

quality and utility of such intelligence products.

‘‘(2) REPORT.—Not later than one year after the date of

the enactment of the Implementing Recommendations of the

9/11 Commission Act of 2007, and annually 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 report

that includes a description of the consumer feedback obtained

under paragraph (1) and, if applicable, how the Department

has adjusted its production of intelligence products in response

to that consumer feedback.

‘‘(h) RULE OF CONSTRUCTION.—

‘‘(1) IN GENERAL.—The authorities granted under this section shall supplement the authorities granted under section

121 STAT. 322 PUBLIC LAW 110–53—AUG. 3, 2007

201(d) and nothing in this section shall be construed to abrogate

the authorities granted under section 201(d).

‘‘(2) PARTICIPATION.—Nothing in this section shall be construed to require a State, local, or regional government or

entity to accept the assignment of officers or intelligence

analysts of the Department into the fusion center of that State,

locality, or region.

‘‘(i) GUIDELINES.—The Secretary, in consultation with the

Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall—

‘‘(1) collaboratively develop a mission statement, identify

expectations and goals, measure performance, and determine

effectiveness for that fusion center;

‘‘(2) create a representative governance structure that

includes law enforcement officers and other emergency response

providers and, as appropriate, the private sector;

‘‘(3) create a collaborative environment for the sharing of

intelligence and information among Federal, State, local, and

tribal government agencies (including law enforcement officers

and other emergency response providers), the private sector,

and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President

or, as appropriate, the program manager of the information

sharing environment;

‘‘(4) leverage the databases, systems, and networks available from public and private sector entities, in accordance with

all applicable laws, to maximize information sharing;

‘‘(5) develop, publish, and adhere to a privacy and civil

liberties policy consistent with Federal, State, and local law;

‘‘(6) provide, in coordination with the Privacy Officer of

the Department and the Officer for Civil Rights and Civil

Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector

representatives at the fusion center;

‘‘(7) ensure appropriate security measures are in place for

the facility, data, and personnel;

‘‘(8) select and train personnel based on the needs, mission,

goals, and functions of that fusion center;

‘‘(9) offer a variety of intelligence and information services

and products to recipients of fusion center intelligence and

information; and

‘‘(10) incorporate law enforcement officers, other emergency

response providers, and, as appropriate, the private sector,

into all relevant phases of the intelligence and fusion process,

consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison

relationships with the fusion center to enable the receipt and

sharing of information and intelligence.

‘‘(j) DEFINITIONS.—In this section—

‘‘(1) the term ‘fusion center’ means a collaborative effort

of 2 or more Federal, State, local, or tribal government agencies

that combines resources, expertise, or information with the

goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 323

‘‘(2) the term ‘information sharing environment’ means the

information sharing environment established under section

1016 of the Intelligence Reform and Terrorism Prevention Act

of 2004 (6 U.S.C. 485);

‘‘(3) the term ‘intelligence analyst’ means an individual

who regularly advises, administers, supervises, or performs

work in the collection, gathering, analysis, evaluation,

reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific,

or military conditions, trends, or forces in foreign or domestic

areas that directly or indirectly affect national security;

‘‘(4) the term ‘intelligence-led policing’ means the collection

and analysis of information to produce an intelligence end

product designed to inform law enforcement decision making

at the tactical and strategic levels; and

‘‘(5) the term ‘terrorism information’ has the meaning given

that term in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).

‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $10,000,000 for each of fiscal years 2008 through

2012, to carry out this section, except for subsection (i), including

for hiring officers and intelligence analysts to replace officers and

intelligence analysts who are assigned to fusion centers under this

section.’’.

(b) TRAINING FOR PREDEPLOYED OFFICERS AND ANALYSTS.—

An officer or analyst assigned to a fusion center by the Secretary

of Homeland Security before the date of the enactment of this

Act shall undergo the training described in section 210A(c)(4)(A)

of the Homeland Security Act of 2002, as added by subsection

(a), by not later than 6 months after such date.

(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 further amended by inserting after the

item relating to section 210 the following:

‘‘Sec. 210A. Department of Homeland Security State, Local, and Regional Information Fusion Center Initiative.’’.

(d) REPORTS.—

(1) CONCEPT OF OPERATIONS.—Not later than 90 days after

the date of enactment of this Act and before the Department

of Homeland Security State, Local, and Regional Fusion Center

Initiative under section 210A of the Homeland Security Act

of 2002, as added by subsection (a), (in this section referred

to as the ‘‘program’’) has been implemented, the Secretary,

in consultation with the Privacy Officer of the Department,

the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board

established under section 1061 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), 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 contains

a concept of operations for the program, which shall—

(A) include a clear articulation of the purposes, goals,

and specific objectives for which the program is being developed;

Deadline.

6 USC 124h note.

121 STAT. 324 PUBLIC LAW 110–53—AUG. 3, 2007

(B) identify stakeholders in the program and provide

an assessment of their needs;

(C) contain a developed set of quantitative metrics

to measure, to the extent possible, program output;

(D) contain a developed set of qualitative instruments

(including surveys and expert interviews) to assess the

extent to which stakeholders believe their needs are being

met; and

(E) include a privacy and civil liberties impact assessment.

(2) PRIVACY AND CIVIL LIBERTIES.—Not later than 1 year

after the date of the enactment of this Act, the Privacy Officer

of the Department of Homeland Security and the Officer for

Civil Liberties and Civil Rights of the Department of Homeland

Security, consistent with any policies of the Privacy and Civil

Liberties Oversight Board established under section 1061 of

the Intelligence Reform and Terrorism Prevention Act of 2004

(5 U.S.C. 601 note), 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,

the Secretary of Homeland Security, the Under Secretary of

Homeland Security for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board a report on the privacy

and civil liberties impact of the program.

SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS

PROGRAM.

(a) ESTABLISHMENT OF PROGRAM.—Subtitle A of title II of the

Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further

amended by adding at the end the following:

‘‘SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS

PROGRAM.

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Under

Secretary for Intelligence and Analysis, and in consultation

with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose

of—

‘‘(A) detailing State, local, and tribal law enforcement

officers and intelligence analysts to the Department in

accordance with subchapter VI of chapter 33 of title 5,

United States Code, to participate in the work of the Office

of Intelligence and Analysis in order to become familiar

with—

‘‘(i) the relevant missions and capabilities of the

Department and other Federal agencies; and

‘‘(ii) the role, programs, products, and personnel

of the Office of Intelligence and Analysis; and

‘‘(B) promoting information sharing between the

Department and State, local, and tribal law enforcement

officers and intelligence analysts by assigning such officers

and analysts to—

‘‘(i) serve as a point of contact in the Department

to assist in the representation of State, local, and tribal

information requirements;

‘‘(ii) identify information within the scope of the

information sharing environment, including homeland

6 USC 124i.

Deadline.

Reports.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 325

security information, terrorism information, and

weapons of mass destruction information, that is of

interest to State, local, and tribal law enforcement

officers, intelligence analysts, and other emergency

response providers;

‘‘(iii) assist Department analysts in preparing and

disseminating products derived from information

within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction

information, that are tailored to State, local, and tribal

law enforcement officers and intelligence analysts and

designed to prepare for and thwart acts of terrorism;

and

‘‘(iv) assist Department analysts in preparing products derived from information within the scope of the

information sharing environment, including homeland

security information, terrorism information, and

weapons of mass destruction information, that are tailored to State, local, and tribal emergency response

providers and assist in the dissemination of such products through appropriate Department channels.

‘‘(2) PROGRAM NAME.—The program under this section shall

be known as the ‘Homeland Security Information Sharing Fellows Program’.

‘‘(b) ELIGIBILITY.—

‘‘(1) IN GENERAL.—In order to be eligible for selection as

an Information Sharing Fellow under the program under this

section, an individual shall—

‘‘(A) have homeland security-related responsibilities;

‘‘(B) be eligible for an appropriate security clearance;

‘‘(C) possess a valid need for access to classified

information, as determined by the Under Secretary for

Intelligence and Analysis;

‘‘(D) be an employee of an eligible entity; and

‘‘(E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored

by the Privacy Officer and the Officer for Civil Rights

and Civil Liberties, in consultation with the Privacy and

Civil Liberties Oversight Board established under section

1061 of the Intelligence Reform and Terrorism Prevention

Act of 2004 (5 U.S.C. 601 note).

‘‘(2) ELIGIBLE ENTITIES.—In this subsection, the term

‘eligible entity’ means—

‘‘(A) a State, local, or regional fusion center;

‘‘(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;

‘‘(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;

‘‘(D) a tribal law enforcement or other authority; or

‘‘(E) such other entity as the Secretary determines

is appropriate.

121 STAT. 326 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or tribal law

enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.

‘‘(d) PROCEDURES FOR NOMINATION AND SELECTION.—

‘‘(1) IN GENERAL.—The Under Secretary for Intelligence

and Analysis shall establish procedures to provide for the

nomination and selection of individuals to participate in the

Homeland Security Information Sharing Fellows Program.

‘‘(2) LIMITATIONS.—The Under Secretary for Intelligence

and Analysis shall—

‘‘(A) select law enforcement officers and intelligence

analysts representing a broad cross-section of State, local,

and tribal agencies; and

‘‘(B) ensure that the number of Information Sharing

Fellows selected does not impede the activities of the Office

of Intelligence and Analysis.’’.

(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 further amended by inserting after the

item relating to section 210A the following:

‘‘Sec. 210B. Homeland Security Information Sharing Fellows Program.’’.

(c) REPORTS.—

(1) CONCEPT OF OPERATIONS.—Not later than 90 days after

the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows

Program under section 210B of the Homeland Security Act

of 2002, as added by subsection (a), (in this section referred

to as the ‘‘Program’’) the Secretary, in consultation with the

Privacy Officer of the Department, the Officer for Civil Rights

and Civil Liberties of the Department, and the Privacy and

Civil Liberties Oversight Board established under section 1061

of the Intelligence Reform and Terrorism Prevention Act of

2004 (5 U.S.C. 601 note), 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 contains a concept of operations

for the Program, which shall include a privacy and civil liberties

impact assessment.

(2) REVIEW OF PRIVACY IMPACT.—Not later than 1 year

after the date on which the program is implemented, the Privacy Officer of the Department and the Officer for Civil Rights

and Civil Liberties of the Department, consistent with any

policies of the Privacy and Civil Liberties Oversight Board

established under section 1061 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), 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, the Secretary of

Homeland Security, the Under Secretary of Homeland Security

for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board, a report on the privacy and civil liberties impact of the program.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 327

SEC. 513. RURAL POLICING INSTITUTE.

(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland

Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended

by adding at the end the following:

‘‘SEC. 210C. RURAL POLICING INSTITUTE.

‘‘(a) IN GENERAL.—The Secretary shall establish a Rural

Policing Institute, which shall be administered by the Federal Law

Enforcement Training Center, to target training to law enforcement

agencies and other emergency response providers located in rural

areas. The Secretary, through the Rural Policing Institute, shall—

‘‘(1) evaluate the needs of law enforcement agencies and

other emergency response providers in rural areas;

‘‘(2) develop expert training programs designed to address

the needs of law enforcement agencies and other emergency

response providers in rural areas as identified in the evaluation

conducted under paragraph (1), including training programs

about intelligence-led policing and protections for privacy, civil

rights, and civil liberties;

‘‘(3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency

response providers in rural areas; and

‘‘(4) conduct outreach efforts to ensure that local and tribal

governments in rural areas are aware of the training programs

developed under paragraph (2) so they can avail themselves

of such programs.

‘‘(b) CURRICULA.—The training at the Rural Policing Institute

established under subsection (a) shall—

‘‘(1) be configured in a manner so as not to duplicate

or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a

local or tribal government entity in existence on the date of

enactment of the Implementing Recommendations of the 9/

11 Commission Act of 2007; and

‘‘(2) to the maximum extent practicable, be delivered in

a cost-effective manner at facilities of the Department, on closed

military installations with adequate training facilities, or at

facilities operated by the participants.

‘‘(c) DEFINITION.—In this section, the term ‘rural’ means an

area that is not located in a metropolitan statistical area, as defined

by the Office of Management and Budget.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section (including for contracts,

staff, and equipment)—

‘‘(1) $10,000,000 for fiscal year 2008; and

‘‘(2) $5,000,000 for each of fiscal years 2009 through 2013.’’.

(b) CLERICAL AMENDMENT.—The table of contents in section

1(b) of such Act is further amended by inserting after the item

relating to section 210B the following:

‘‘Sec. 210C. Rural Policing Institute.’’.

6 USC 124j.

121 STAT. 328 PUBLIC LAW 110–53—AUG. 3, 2007

Subtitle C—Interagency Threat

Assessment and Coordination Group

SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION

GROUP.

(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland

Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended

by adding at the end the following:

‘‘SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION

GROUP.

‘‘(a) IN GENERAL.—To improve the sharing of information within

the scope of the information sharing environment established under

section 1016 of the Intelligence Reform and Terrorism Prevention

Act of 2004 (6 U.S.C. 485) with State, local, tribal, and private

sector officials, the Director of National Intelligence, through the

program manager for the information sharing environment, in

coordination with the Secretary, shall coordinate and oversee the

creation of an Interagency Threat Assessment and Coordination

Group (referred to in this section as the ‘ITACG’).

‘‘(b) COMPOSITION OF ITACG.—The ITACG shall consist of—

‘‘(1) an ITACG Advisory Council to set policy and develop

processes for the integration, analysis, and dissemination of

federally-coordinated information within the scope of the

information sharing environment, including homeland security

information, terrorism information, and weapons of mass

destruction information; and

‘‘(2) an ITACG Detail comprised of State, local, and tribal

homeland security and law enforcement officers and intelligence

analysts detailed to work in the National Counterterrorism

Center with Federal intelligence analysts for the purpose of

integrating, analyzing, and assisting in the dissemination of

federally-coordinated information within the scope of the

information sharing environment, including homeland security

information, terrorism information, and weapons of mass

destruction information, through appropriate channels identified by the ITACG Advisory Council.

‘‘(c) RESPONSIBILITIES OF PROGRAM MANAGER.—The program

manager, in consultation with the Information Sharing Council,

shall—

‘‘(1) monitor and assess the efficacy of the ITACG; and

‘‘(2) not later than 180 days after the date of the enactment

of the Implementing Recommendations of the 9/11 Commission

Act of 2007, and at least annually thereafter, submit to the

Secretary, the Attorney General, the Director of National Intelligence, 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

progress of the ITACG.

‘‘(d) RESPONSIBILITIES OF SECRETARY.—The Secretary, or the

Secretary’s designee, in coordination with the Director of the

National Counterterrorism Center and the ITACG Advisory Council,

shall—

‘‘(1) create policies and standards for the creation of

information products derived from information within the scope

of the information sharing environment, including homeland

Deadline.

Reports.

6 USC 124k.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 329

security information, terrorism information, and weapons of

mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private

sector;

‘‘(2) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope

of the information sharing environment, including homeland

security information, terrorism information, and weapons of

mass destruction information, to State, local, and tribal governments and the private sector;

‘‘(3) establish criteria and a methodology for indicating

to State, local, and tribal governments and the private sector

the reliability of information within the scope of the information

sharing environment, including homeland security information,

terrorism information, and weapons of mass destruction

information, disseminated to them;

‘‘(4) educate the intelligence community about the requirements of the State, local, and tribal homeland security, law

enforcement, and other emergency response providers regarding

information within the scope of the information sharing

environment, including homeland security information, terrorism information, and weapons of mass destruction information;

‘‘(5) establish and maintain the ITACG Detail, which shall

assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence

analysts to work in the National Counterterrorism Center who

shall—

‘‘(A) educate and advise National Counterterrorism

Center intelligence analysts about the requirements of the

State, local, and tribal homeland security and law enforcement officers, and other emergency response providers

regarding information within the scope of the information

sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;

‘‘(B) assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise

preparing versions of products derived from information

within the scope of the information sharing environment,

including homeland security information, terrorism

information, and weapons of mass destruction information

that are unclassified or classified at the lowest possible

level and suitable for dissemination to State, local, and

tribal homeland security and law enforcement agencies

in order to help deter and prevent terrorist attacks;

‘‘(C) implement, in coordination with National

Counterterrorism Center intelligence analysts, the policies,

processes, procedures, standards, and guidelines developed

by the ITACG Advisory Council;

‘‘(D) assist in the dissemination of products derived

from information within the scope of the information

sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions

only through appropriate channels identified by the ITACG

Advisory Council; and

Establishment.

Criteria.

121 STAT. 330 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(E) report directly to the senior intelligence official

from the Department under paragraph (6);

‘‘(6) detail a senior intelligence official from the Department

of Homeland Security to the National Counterterrorism Center,

who shall—

‘‘(A) manage the day-to-day operations of the ITACG

Detail;

‘‘(B) report directly to the Director of the National

Counterterrorism Center or the Director’s designee; and

‘‘(C) in coordination with the Director of the Federal

Bureau of Investigation, and subject to the approval of

the Director of the National Counterterrorism Center,

select a deputy from the pool of available detailees from

the Federal Bureau of Investigation in the National

Counterterrorism Center; and

‘‘(7) establish, within the ITACG Advisory Council, a

mechanism to select law enforcement officers and intelligence

analysts for placement in the National Counterterrorism Center

consistent with paragraph (5), using criteria developed by the

ITACG Advisory Council that shall encourage participation

from a broadly representative group of State, local, and tribal

homeland security and law enforcement agencies.

‘‘(e) MEMBERSHIP.—The Secretary, or the Secretary’s designee,

shall serve as the chair of the ITACG Advisory Council, which

shall include—

‘‘(1) representatives of—

‘‘(A) the Department;

‘‘(B) the Federal Bureau of Investigation;

‘‘(C) the National Counterterrorism Center;

‘‘(D) the Department of Defense;

‘‘(E) the Department of Energy;

‘‘(F) the Department of State; and

‘‘(G) other Federal entities as appropriate;

‘‘(2) the program manager of the information sharing

environment, designated under section 1016(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.

485(f)), or the program manager’s designee; and

‘‘(3) executive level law enforcement and intelligence officials from State, local, and tribal governments.

‘‘(f) CRITERIA.—The Secretary, in consultation with the Director

of National Intelligence, the Attorney General, and the program

manager of the information sharing environment established under

section 1016 of the Intelligence Reform and Terrorism Prevention

Act of 2004 (6 U.S.C. 485), shall—

‘‘(1) establish procedures for selecting members of the

ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope

of the information sharing environment, including homeland

security information, terrorism information, and weapons of

mass destruction information, by those members; and

‘‘(2) ensure that at least 50 percent of the members of

the ITACG Advisory Council are from State, local, and tribal

governments.

‘‘(g) OPERATIONS.—

‘‘(1) IN GENERAL.—Beginning not later than 90 days after

the date of enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, the ITACG Advisory

Deadline.

Procedures.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 331

Council shall meet regularly, but not less than quarterly, at

the facilities of the National Counterterrorism Center of the

Office of the Director of National Intelligence.

‘‘(2) MANAGEMENT.—Pursuant to section 119(f)(E) of the

National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the

Director of the National Counterterrorism Center, acting

through the senior intelligence official from the Department

of Homeland Security detailed pursuant to subsection (d)(6),

shall ensure that—

‘‘(A) the products derived from information within the

scope of the information sharing environment, including

homeland security information, terrorism information, and

weapons of mass destruction information, prepared by the

National Counterterrorism Center and the ITACG Detail

for distribution to State, local, and tribal homeland security

and law enforcement agencies reflect the requirements of

such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council;

‘‘(B) in consultation with the ITACG Advisory Council

and consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E)

of the National Security Act of 1947 (50 U.S.C. 402 et

seq.), all products described in subparagraph (A) are

disseminated through existing channels of the Department

and the Department of Justice and other appropriate channels to State, local, and tribal government officials and

other entities;

‘‘(C) all detailees under subsection (d)(5) have appropriate access to all relevant information within the scope

of the information sharing environment, including homeland security information, terrorism information, and

weapons of mass destruction information, available at the

National Counterterrorism Center in order to accomplish

the objectives under that paragraph;

‘‘(D) all detailees under subsection (d)(5) have the

appropriate security clearances and are trained in the

procedures for handling, processing, storing, and disseminating classified products derived from information within

the scope of the information sharing environment, including

homeland security information, terrorism information, and

weapons of mass destruction information; and

‘‘(E) all detailees under subsection (d)(5) complete

appropriate privacy and civil liberties training.

‘‘(h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the ITACG or any subsidiary groups thereof.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary for each of

fiscal years 2008 through 2012 to carry out this section, including

to obtain security clearances for the State, local, and tribal participants in the ITACG.’’.

(b) CLERICAL AMENDMENT.—The table of contents in section

1(b) of such Act is amended by inserting after the item relating

to section 210C the following:

‘‘Sec. 210D. Interagency Threat Assessment and Coordination Group.’’.

6 USC 101 et seq.

121 STAT. 332 PUBLIC LAW 110–53—AUG. 3, 2007

(c) PRIVACY AND CIVIL LIBERTIES IMPACT ASSESSMENT.—Not

later than 90 days after the date of the enactment of this Act,

the Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security and the Chief Privacy and Civil Liberties Officer for the Department of Justice,

in consultation with the Civil Liberties Protection Officer of the

Office of the Director of National Intelligence, shall submit to the

Secretary of Homeland Security, the Director of the Federal Bureau

of Investigation, the Attorney General, the Director of the National

Counterterrorism Center, the Director of National Intelligence, the

Privacy and Civil Liberties Oversight Board, and the Committee

on Homeland Security and Governmental Affairs of the Senate,

the Committee on Homeland Security of the House of Representatives, the Select Committee on Intelligence of the Senate, and

the Permanent Select Committee on Intelligence of the House of

Representatives, a privacy and civil liberties impact assessment

of the Interagency Threat Assessment and Coordination Group

under section 210D of the Homeland Security Act of 2002, as

added by subsection (a), including the use of State, local, and

tribal detailees at the National Counterterrorism Center, as

described in subsection (d)(5) of that section.

Subtitle D—Homeland Security

Intelligence Offices Reorganization

SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF

INFRASTRUCTURE PROTECTION.

(a) IN GENERAL.—Section 201 of the Homeland Security Act

of 2002 (6 U.S.C. 201) is amended—

(1) in the section heading, by striking ‘‘DIRECTORATE FOR

INFORMATION’’ and inserting ‘‘INFORMATION AND’’;

(2) by striking subsections (a) through (c) and inserting

the following:

‘‘(a) INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTEC- TION.—There shall be in the Department an Office of Intelligence

and Analysis and an Office of Infrastructure Protection.

‘‘(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS AND

ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.— ‘‘(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office

of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed

by the President, by and with the advice and consent of the

Senate.

‘‘(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary

for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department.

‘‘(3) OFFICE OF INFRASTRUCTURE PROTECTION.—The Office

of Infrastructure Protection shall be headed by an Assistant

Secretary for Infrastructure Protection, who shall be appointed

by the President.

‘‘(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall

ensure that the responsibilities of the Department relating to

information analysis and infrastructure protection, including those

described in subsection (d), are carried out through the Under

Secretary for Intelligence and Analysis or the Assistant Secretary

for Infrastructure Protection, as appropriate.’’;

President.

6 USC 121.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 333

(3) in subsection (d)—

(A) in the subsection heading, by striking ‘‘UNDER SEC- RETARY’’ and inserting ‘‘SECRETARY RELATING TO INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION’’;

(B) in the matter preceding paragraph (1), by striking

‘‘Subject to the direction’’ and all that follows through

‘‘Infrastructure Protection’’ and inserting the following:

‘‘The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection’’;

(C) in paragraph (9), as redesignated under section

510(a)(2)(A)(ii), by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of National Intelligence’’;

(D) in paragraph (11)(B), as so redesignated, by

striking ‘‘Director of Central Intelligence’’ and inserting

‘‘Director of National Intelligence’’;

(E) by redesignating paragraph (18), as so redesignated, as paragraph (24); and

(F) by inserting after paragraph (17), as so redesignated, the following:

‘‘(18) To coordinate and enhance integration among the

intelligence components of the Department, including through

strategic oversight of the intelligence activities of such components.

‘‘(19) To establish the intelligence collection, processing,

analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components

of the Department, consistent with any directions from the

President and, as applicable, the Director of National Intelligence.

‘‘(20) To establish a structure and process to support the

missions and goals of the intelligence components of the Department.

‘‘(21) To ensure that, whenever possible, the Department—

‘‘(A) produces and disseminates unclassified reports

and analytic products based on open-source information;

and

‘‘(B) produces and disseminates such reports and analytic products contemporaneously with reports or analytic

products concerning the same or similar information that

the Department produced and disseminated in a classified

format.

‘‘(22) To establish within the Office of Intelligence and

Analysis an internal continuity of operations plan.

‘‘(23) Based on intelligence priorities set by the President,

and guidance from the Secretary and, as appropriate, the

Director of National Intelligence—

‘‘(A) to provide to the heads of each intelligence component of the Department guidance for developing the budget

pertaining to the activities of such component; and

‘‘(B) to present to the Secretary a recommendation

for a consolidated budget for the intelligence components

of the Department, together with any comments from the

heads of such components.’’;

(4) in subsection (e)(1)—

(A) by striking ‘‘Directorate’’ the first place that term

appears and inserting ‘‘Office of Intelligence and Analysis

and the Office of Infrastructure Protection’’; and

121 STAT. 334 PUBLIC LAW 110–53—AUG. 3, 2007

(B) by striking ‘‘the Directorate in discharging’’ and

inserting ‘‘such offices in discharging’’;

(5) in subsection (f)(1), by striking ‘‘Directorate’’ and

inserting ‘‘Office of Intelligence and Analysis and the Office

of Infrastructure Protection’’; and

(6) In subsection (g), in the matter preceding paragraph

(1), by striking ‘‘Under Secretary for Information Analysis and

Infrastructure Protection’’ and inserting ‘‘Office of Intelligence

and Analysis and the Office of Infrastructure Protection’’.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) IN GENERAL.—Such Act is further amended—

(A) in section 223, by striking ‘‘Under Secretary for

Information Analysis and Infrastructure Protection’’ and

inserting ‘‘Under Secretary for Intelligence and Analysis,

in cooperation with the Assistant Secretary for Infrastructure Protection’’;

(B) in section 224, by striking ‘‘Under Secretary for

Information Analysis and Infrastructure Protection’’ and

inserting ‘‘Assistant Secretary for Infrastructure Protection’’;

(C) in section 302(3), by striking ‘‘Under Secretary

for Information Analysis and Infrastructure Protection’’ and

inserting ‘‘Under Secretary for Intelligence and Analysis

and the Assistant Secretary for Infrastructure Protection’’;

and

(D) in section 521(d)—

(i) in paragraph (1), by striking ‘‘Directorate for

Information Analysis and Infrastructure Protection’’

and inserting ‘‘Office of Intelligence and Analysis’’; and

(ii) in paragraph (2), by striking ‘‘Under Secretary

for Information Analysis and Infrastructure Protection’’

and inserting ‘‘Under Secretary for Intelligence and

Analysis’’.

(2) ADDITIONAL UNDER SECRETARY.—Section 103(a) of the

Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended—

(A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and

(B) by inserting after paragraph (7) the following:

‘‘(8) An Under Secretary responsible for overseeing critical

infrastructure protection, cybersecurity, and other related programs of the Department.’’.

(3) HEADING.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the

subtitle heading by striking ‘‘Directorate for Information’’ and inserting ‘‘Information and’’.

(4) TABLE OF CONTENTS.—The Homeland Security Act of

2002 (6 U.S.C. 101 et seq.) is amended in the table of contents

in section 1(b) by striking the items relating to subtitle A

of title II and section 201 and inserting the following:

‘‘Subtitle A—Information and Analysis and Infrastructure Protection; Access to

Information

‘‘Sec. 201. Information and Analysis and Infrastructure Protection.’’.

(5) NATIONAL SECURITY ACT OF 1947.—Section 106(b)(2)(I)

of the National Security Act of 1947 (50 U.S.C. 403–6) is

amended to read as follows:

6 USC 321.

6 USC 182.

6 USC 144.

6 USC 143.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 335

‘‘(I) The Under Secretary of Homeland Security for

Intelligence and Analysis.’’.

(c) TREATMENT OF INCUMBENT.—The individual administratively performing the duties of the Under Secretary for Intelligence

and Analysis as of the date of the enactment of this Act may

continue to perform such duties after the date on which the President nominates an individual to serve as the Under Secretary

pursuant to section 201 of the Homeland Security Act of 2002,

as amended by this section, and until the individual so appointed

assumes the duties of the position.

Subtitle E—Authorization of

Appropriations

SEC. 541. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for each of fiscal years

2008 through 2012 such sums as may be necessary to carry out

this title and the amendments made by this title.

TITLE VI—CONGRESSIONAL OVERSIGHT

OF INTELLIGENCE

SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE

FUNDING INFORMATION.

(a) AMOUNTS APPROPRIATED EACH FISCAL YEAR.—Not later

than 30 days after the end of each fiscal year beginning with

fiscal year 2007, the Director of National Intelligence shall disclose

to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such fiscal year.

(b) WAIVER.—Beginning with fiscal year 2009, the President

may waive or postpone the disclosure required by subsection (a)

for any fiscal year by, not later than 30 days after the end of

such fiscal year, submitting to the Select Committee on Intelligence

of the Senate and Permanent Select Committee on Intelligence

of the House of Representatives—

(1) a statement, in unclassified form, that the disclosure

required in subsection (a) for that fiscal year would damage

national security; and

(2) a statement detailing the reasons for the waiver or

postponement, which may be submitted in classified form.

(c) DEFINITION.—As used in this section, the term ‘‘National

Intelligence Program’’ has the meaning given the term in section

3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).

SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.

The Public Interest Declassification Act of 2000 (50 U.S.C.

435 note) is amended—

(1) by striking ‘‘Director of Central Intelligence’’ each place

that term appears and inserting ‘‘Director of National Intelligence’’;

(2) in section 704(e)—

(A) by striking ‘‘If requested’’ and inserting the following:

‘‘(1) IN GENERAL.—If requested’’; and

50 USC 435 note.

President.

Deadline.

Submission.

Deadline.

50 USC 415c.

President.

6 USC 121 note.

121 STAT. 336 PUBLIC LAW 110–53—AUG. 3, 2007

(B) by adding at the end the following:

‘‘(2) AUTHORITY OF BOARD.—Upon receiving a congressional

request described in section 703(b)(5), the Board may conduct

the review and make the recommendations described in that

section, regardless of whether such a review is requested by

the President.

‘‘(3) REPORTING.—Any recommendations submitted to the

President by the Board under section 703(b)(5), shall be submitted to the chairman and ranking minority member of the

committee of Congress that made the request relating to such

recommendations.’’;

(3) in section 705(c), in the subsection heading, by striking

‘‘DIRECTOR OF CENTRAL INTELLIGENCE’’ and inserting

‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’; and

(4) in section 710(b), by striking ‘‘8 years after the date’’

and all that follows and inserting ‘‘on December 31, 2012.’’.

SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/

11 COMMISSION RECOMMENDATIONS WITH RESPECT TO

INTELLIGENCE REFORM AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.

(a) FINDINGS.—Congress makes the following findings:

(1) The National Commission on Terrorist Attacks Upon

the United States (referred to in this section as the ‘‘9/11

Commission’’) conducted a lengthy review of the facts and circumstances relating to the terrorist attacks of September 11,

2001, including those relating to the intelligence community,

law enforcement agencies, and the role of congressional oversight and resource allocation.

(2) In its final report, the 9/11 Commission found that—

(A) congressional oversight of the intelligence activities

of the United States is dysfunctional;

(B) under the rules of the Senate and the House of

Representatives in effect at the time the report was completed, the committees of Congress charged with oversight

of the intelligence activities lacked the power, influence,

and sustained capability to meet the daunting challenges

faced by the intelligence community of the United States;

(C) as long as such oversight is governed by such

rules of the Senate and the House of Representatives,

the people of the United States will not get the security

they want and need;

(D) a strong, stable, and capable congressional committee structure is needed to give the intelligence community of the United States appropriate oversight, support,

and leadership; and

(E) the reforms recommended by the 9/11 Commission

in its final report will not succeed if congressional oversight

of the intelligence community in the United States is not

changed.

(3) The 9/11 Commission recommended structural changes

to Congress to improve the oversight of intelligence activities.

(4) Congress has enacted some of the recommendations

made by the 9/11 Commission and is considering implementing

additional recommendations of the 9/11 Commission.

50 USC 435 note.

50 USC 435 note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 337

(5) The Senate adopted Senate Resolution 445 in the 108th

Congress to address some of the intelligence oversight recommendations of the 9/11 Commission by abolishing term limits

for the members of the Select Committee on Intelligence, clarifying jurisdiction for intelligence-related nominations, and

streamlining procedures for the referral of intelligence-related

legislation, but other aspects of the 9/11 Commission recommendations regarding intelligence oversight have not been

implemented.

(b) SENSE OF THE SENATE.—It is the sense of the Senate that

the Committee on Homeland Security and Governmental Affairs

and the Select Committee on Intelligence of the Senate each, or

jointly, should—

(1) undertake a review of the recommendations made in

the final report of the 9/11 Commission with respect to intelligence reform and congressional intelligence oversight reform;

(2) review and consider any other suggestions, options,

or recommendations for improving intelligence oversight; and

(3) not later than December 21, 2007, submit to the Senate

a report that includes the recommendations of the committees,

if any, for carrying out such reforms.

SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST

DECLASSIFICATION BOARD.

Section 21067 of the Continuing Appropriations Resolution,

2007 (division B of Public Law 109–289; 120 Stat. 1311), as amended

by Public Law 109–369 (120 Stat. 2642), Public Law 109–383 (120

Stat. 2678), and Public Law 110–5, is amended by adding at the

end the following new subsection:

‘‘(c) From the amount provided by this section, the National

Archives and Records Administration may obligate monies necessary to carry out the activities of the Public Interest Declassification Board.’’.

SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE

REPORT ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

(a) PUBLIC AVAILABILITY.—Not later than 30 days after the

date of the enactment of this Act, the Director of the Central

Intelligence Agency shall prepare and make available to the public

a version of the Executive Summary of the report entitled the

‘‘Office of Inspector General Report on Central Intelligence Agency

Accountability Regarding Findings and Conclusions of the Joint

Inquiry into Intelligence Community Activities Before and After

the Terrorist Attacks of September 11, 2001’’ issued in June 2005

that is declassified to the maximum extent possible, consistent

with national security.

(b) REPORT TO CONGRESS.—The Director of the Central Intelligence Agency shall submit to Congress a classified annex to the

redacted Executive Summary made available under subsection (a)

that explains the reason that any redacted material in the Executive

Summary was withheld from the public.

121 STAT. 338 PUBLIC LAW 110–53—AUG. 3, 2007

TITLE VII—STRENGTHENING EFFORTS

TO PREVENT TERRORIST TRAVEL

Subtitle A—Terrorist Travel

SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE

BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE TERRORIST INFORMATION.

(a) REPORT REQUIRED.—Not later than 270 days after the date

of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in conjunction with the Director of

National Intelligence and the heads of other appropriate Federal

departments and agencies, shall submit to the appropriate congressional committees a report on efforts of the Government of the

United States to collaborate with international partners and allies

of the United States to increase border security, enhance global

document security, and exchange terrorism information.

(b) CONTENTS.—The report required by subsection (a) shall

outline—

(1) all presidential directives, programs, and strategies for

carrying out and increasing United States Government efforts

described in subsection (a);

(2) the goals and objectives of each of these efforts;

(3) the progress made in each of these efforts; and

(4) the projected timelines for each of these efforts to

become fully functional and effective.

(c) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means—

(1) the Committee on Foreign Affairs, the Committee on

Homeland Security, the Committee on the Judiciary, and the

Permanent Select Committee on Intelligence of the House of

Representatives; and

(2) the Committee on Foreign Relations, the Committee

on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.

Subtitle B—Visa Waiver

SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.

(a) SHORT TITLE.—This section may be cited as the ‘‘Secure

Travel and Counterterrorism Partnership Act of 2007’’.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the United States should modernize and strengthen

the security of the visa waiver program under section 217

of the Immigration and Nationality Act (8 U.S.C. 1187) by

simultaneously—

(A) enhancing program security requirements; and

(B) extending visa-free travel privileges to nationals

of foreign countries that are partners in the war on

terrorism—

(i) that are actively cooperating with the United

States to prevent terrorist travel, including sharing

8 USC 1187 note.

8 USC 1101 note.

Secure Travel

and

Counterterrorism

Partnership Act

of 2007.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 339

counterterrorism and law enforcement information;

and

(ii) whose nationals have demonstrated their

compliance with the provisions of the Immigration and

Nationality Act regarding the purpose and duration

of their admission to the United States; and

(2) the modernization described in paragraph (1) will—

(A) enhance bilateral cooperation on critical

counterterrorism and information sharing initiatives;

(B) support and expand tourism and business

opportunities to enhance long-term economic competitiveness; and

(C) strengthen bilateral relationships.

(c) DISCRETIONARY VISA WAIVER PROGRAM EXPANSION.—Section

217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c))

is amended by adding at the end the following new paragraphs:

‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY.—

‘‘(A) CERTIFICATION.—

‘‘(i) IN GENERAL.—On the date on which an air

exit system is in place that can verify the departure

of not less than 97 percent of foreign nationals who

exit through airports of the United States and the

electronic travel authorization system required under

subsection (h)(3) is fully operational, the Secretary of

Homeland Security shall certify to Congress that such

air exit system and electronic travel authorization

system are in place.

‘‘(ii) NOTIFICATION TO CONGRESS.—The Secretary

shall notify Congress in writing of the date on which

the air exit system under clause (i) fully satisfies the

biometric requirements specified in subsection (i).

‘‘(iii) TEMPORARY SUSPENSION OF WAIVER

AUTHORITY.—Notwithstanding any certification made

under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009,

the Secretary’s waiver authority under subparagraph

(B) shall be suspended beginning on July 1, 2009,

until such time as the Secretary makes such notification.

‘‘(iv) RULE OF CONSTRUCTION.—Nothing in this

paragraph shall be construed as in any way abrogating

the reporting requirements under subsection (i)(3).

‘‘(B) WAIVER.—After certification by the Secretary

under subparagraph (A), the Secretary, in consultation with

the Secretary of State, may waive the application of paragraph (2)(A) for a country if—

‘‘(i) the country meets all security requirements

of this section;

‘‘(ii) the Secretary of Homeland Security determines that the totality of the country’s security risk

mitigation measures provide assurance that the country’s participation in the program would not compromise the law enforcement, security interests, or

enforcement of the immigration laws of the United

States;

‘‘(iii) there has been a sustained reduction in the

rate of refusals for nonimmigrant visas for nationals

121 STAT. 340 PUBLIC LAW 110–53—AUG. 3, 2007

of the country and conditions exist to continue such

reduction;

‘‘(iv) the country cooperated with the Government

of the United States on counterterrorism initiatives,

information sharing, and preventing terrorist travel

before the date of its designation as a program country,

and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will

continue; and

‘‘(v)(I) the rate of refusals for nonimmigrant visitor

visas for nationals of the country during the previous

full fiscal year was not more than ten percent; or

‘‘(II) the visa overstay rate for the country for

the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established

under subparagraph (C).

‘‘(C) MAXIMUM VISA OVERSTAY RATE.—

‘‘(i) REQUIREMENT TO ESTABLISH.—After certification by the Secretary under subparagraph (A), the

Secretary and the Secretary of State jointly shall use

information from the air exit system referred to in

such subparagraph to establish a maximum visa overstay rate for countries participating in the program

pursuant to a waiver under subparagraph (B). The

Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law

enforcement, security interests, or enforcement of the

immigration laws of the United States.

‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this paragraph the term ‘visa overstay rate’ means, with respect

to a country, the ratio of—

‘‘(I) the total number of nationals of that

country who were admitted to the United States

on the basis of a nonimmigrant visa whose periods

of authorized stays ended during a fiscal year but

who remained unlawfully in the United States

beyond such periods; to

‘‘(II) the total number of nationals of that

country who were admitted to the United States

on the basis of a nonimmigrant visa during that

fiscal year.

‘‘(iii) REPORT AND PUBLICATION.—The Secretary of

Homeland Security shall on the same date submit to

Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after

such date, the Secretary shall issue a final maximum

visa overstay rate above which a country may not

participate in the program.

‘‘(9) DISCRETIONARY SECURITY-RELATED CONSIDERATIONS.—

In determining whether to waive the application of paragraph

(2)(A) for a country, pursuant to paragraph (8), the Secretary

of Homeland Security, in consultation with the Secretary of

State, shall take into consideration other factors affecting the

security of the United States, including—

‘‘(A) airport security standards in the country;

Federal Register,

publication.

Certification.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 341

‘‘(B) whether the country assists in the operation of

an effective air marshal program;

‘‘(C) the standards of passports and travel documents

issued by the country; and

‘‘(D) other security-related factors, including the country’s cooperation with the United States’ initiatives toward

combating terrorism and the country’s cooperation with

the United States intelligence community in sharing

information regarding terrorist threats.’’.

(d) SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.— (1) IN GENERAL.—Section 217 of the Immigration and

Nationality Act (8 U.S.C. 1187) is amended—

(A) in subsection (a), in the flush text following paragraph (9)—

(i) by striking ‘‘Operators of aircraft’’ and inserting

the following:

‘‘(10) ELECTRONIC TRANSMISSION OF IDENTIFICATION

INFORMATION.—Operators of aircraft’’; and

(ii) by adding at the end the following new paragraph:

‘‘(11) ELIGIBILITY DETERMINATION UNDER THE ELECTRONIC

TRAVEL AUTHORIZATION SYSTEM.—Beginning on the date on

which the electronic travel authorization system developed

under subsection (h)(3) is fully operational, each alien traveling

under the program shall, before applying for admission to the

United States, electronically provide to the system biographical

information and such other information as the Secretary of

Homeland Security shall determine necessary to determine the

eligibility of, and whether there exists a law enforcement or

security risk in permitting, the alien to travel to the United

States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien

is eligible to travel to the United States under the program.’’;

(B) in subsection (c)—

(i) in paragraph (2)—

(I) by amending subparagraph (D) to read as

follows:

‘‘(D) REPORTING LOST AND STOLEN PASSPORTS.—The

government of the country enters into an agreement with

the United States to report, or make available through

Interpol or other means as designated by the Secretary

of Homeland Security, to the United States Government

information about the theft or loss of passports within

a strict time limit and in a manner specified in the agreement.’’; and

(II) by adding at the end the following new

subparagraphs:

‘‘(E) REPATRIATION OF ALIENS.—The government of the

country accepts for repatriation any citizen, former citizen,

or national of the country against whom a final executable

order of removal is issued not later than three weeks

after the issuance of the final order of removal. Nothing

in this subparagraph creates any duty for the United States

or any right for any alien with respect to removal or release.

Nothing in this subparagraph gives rise to any cause of

action or claim under this paragraph or any other law

against any official of the United States or of any State

121 STAT. 342 PUBLIC LAW 110–53—AUG. 3, 2007

to compel the release, removal, or consideration for release

or removal of any alien.

‘‘(F) PASSENGER INFORMATION EXCHANGE.—The government of the country enters into an agreement with the

United States to share information regarding whether citizens and nationals of that country traveling to the United

States represent a threat to the security or welfare of

the United States or its citizens.’’;

(ii) in paragraph (5)—

(I) by striking ‘‘Attorney General’’ each place

it appears and inserting ‘‘Secretary of Homeland

Security’’; and

(II) in subparagraph (A)(i)—

(aa) in subclause (II), by striking ‘‘and’’

at the end;

(bb) in subclause (III)—

(AA) by striking ‘‘and the Committee

on International Relations’’ and inserting

‘‘, the Committee on Foreign Affairs, and

the Committee on Homeland Security,’’

and by striking ‘‘and the Committee on

Foreign Relations’’ and inserting ‘‘, the

Committee on Foreign Relations, and the

Committee on Homeland Security and

Governmental Affairs’’; and

(BB) by striking the period at the end

and inserting ‘‘; and’’; and

(cc) by adding at the end the following

new subclause:

‘‘(IV) shall submit to Congress a report

regarding the implementation of the electronic

travel authorization system under subsection (h)(3)

and the participation of new countries in the program through a waiver under paragraph (8).’’; and

(III) in subparagraph (B), by adding at the

end the following new clause:

‘‘(iv) PROGRAM SUSPENSION AUTHORITY.—The

Director of National Intelligence shall immediately

inform the Secretary of Homeland Security of any current and credible threat which poses an imminent

danger to the United States or its citizens and originates from a country participating in the visa waiver

program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State—

‘‘(I) may suspend a country from the visa

waiver program without prior notice;

‘‘(II) shall notify any country suspended under

subclause (I) and, to the extent practicable without

disclosing sensitive intelligence sources and

methods, provide justification for the suspension;

and

‘‘(III) shall restore the suspended country’s

participation in the visa waiver program upon a

determination that the threat no longer poses an

imminent danger to the United States or its citizens.’’; and

Notification.

Reports.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 343

(iii) by adding at the end the following new paragraphs:

‘‘(10) TECHNICAL ASSISTANCE.—The Secretary of Homeland

Security, in consultation with the Secretary of State, shall

provide technical assistance to program countries to assist those

countries in meeting the requirements under this section. The

Secretary of Homeland Security shall ensure that the program

office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such

technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program

with all the requirements of the program.

‘‘(11) INDEPENDENT REVIEW.—

‘‘(A) IN GENERAL.—Prior to the admission of a new

country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall

conduct an independent intelligence assessment of a nominated country and member of the program.

‘‘(B) REPORTING REQUIREMENT.—The Director shall provide to the Secretary of Homeland Security, the Secretary

of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).

‘‘(C) CONTENTS.—The independent intelligence assessment conducted by the Director shall include—

‘‘(i) a review of all current, credible terrorist

threats of the subject country;

‘‘(ii) an evaluation of the subject country’s

counterterrorism efforts;

‘‘(iii) an evaluation as to the extent of the country’s

sharing of information beneficial to suppressing terrorist movements, financing, or actions;

‘‘(iv) an assessment of the risks associated with

including the subject country in the program; and

‘‘(v) recommendations to mitigate the risks identified in clause (iv).’’;

(C) in subsection (d)—

(i) by striking ‘‘Attorney General’’ and inserting

‘‘Secretary of Homeland Security’’; and

(ii) by adding at the end the following new sentence: ‘‘The Secretary of Homeland Security may not

waive any eligibility requirement under this section

unless the Secretary notifies, with respect to the House

of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee

on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee

on Homeland Security and Governmental Affairs, the

Committee on the Judiciary, the Committee on Foreign

Relations, and the Committee on Appropriations not

later than 30 days before the effective date of such

waiver.’’;

(D) in subsection (f)(5)—

(i) by striking ‘‘Attorney General’’ each place it

appears and inserting ‘‘Secretary of Homeland Security’’; and

Notification.

Deadline.

121 STAT. 344 PUBLIC LAW 110–53—AUG. 3, 2007

(ii) by striking ‘‘of blank’’ and inserting ‘‘or loss

of’’;

(E) in subsection (h), by adding at the end the following

new paragraph:

‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.—

‘‘(A) SYSTEM.—The Secretary of Homeland Security,

in consultation with the Secretary of State, shall develop

and implement a fully automated electronic travel

authorization system (referred to in this paragraph as the

‘System’) to collect such biographical and other information

as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility

of, and whether there exists a law enforcement or security

risk in permitting, the alien to travel to the United States.

‘‘(B) FEES.—The Secretary of Homeland Security may

charge a fee for the use of the System, which shall be—

‘‘(i) set at a level that will ensure recovery of

the full costs of providing and administering the

System; and

‘‘(ii) available to pay the costs incurred to administer the System.

‘‘(C) VALIDITY.—

‘‘(i) PERIOD.—The Secretary of Homeland Security,

in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to

exceed three years, during which a determination of

eligibility to travel under the program will be valid.

Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke

any such determination at any time and for any reason.

‘‘(ii) LIMITATION.—A determination by the Secretary of Homeland Security that an alien is eligible

to travel to the United States under the program is

not a determination that the alien is admissible to

the United States.

‘‘(iii) NOT A DETERMINATION OF VISA ELIGIBILITY.—

A determination by the Secretary of Homeland Security

that an alien who applied for authorization to travel

to the United States through the System is not eligible

to travel under the program is not a determination

of eligibility for a visa to travel to the United States

and shall not preclude the alien from applying for

a visa.

‘‘(iv) JUDICIAL REVIEW.—Notwithstanding any

other provision of law, no court shall have jurisdiction

to review an eligibility determination under the

System.

‘‘(D) REPORT.—Not later than 60 days before publishing

notice regarding the implementation of the System in the

Federal Register, the Secretary of Homeland Security shall

submit a report regarding the implementation of the system

to—

‘‘(i) the Committee on Homeland Security of the

House of Representatives;

‘‘(ii) the Committee on the Judiciary of the House

of Representatives;

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 345

‘‘(iii) the Committee on Foreign Affairs of the

House of Representatives;

‘‘(iv) the Permanent Select Committee on Intelligence of the House of Representatives;

‘‘(v) the Committee on Appropriations of the House

of Representatives;

‘‘(vi) the Committee on Homeland Security and

Governmental Affairs of the Senate;

‘‘(vii) the Committee on the Judiciary of the Senate;

‘‘(viii) the Committee on Foreign Relations of the

Senate;

‘‘(ix) the Select Committee on Intelligence of the

Senate; and

‘‘(x) the Committee on Appropriations of the

Senate.’’; and

(F) by adding at the end the following new subsection:

‘‘(i) EXIT SYSTEM.—

‘‘(1) IN GENERAL.—Not later than one year after the date

of the enactment of this subsection, the Secretary of Homeland

Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.

‘‘(2) SYSTEM REQUIREMENTS.—The system established under

paragraph (1) shall—

‘‘(A) match biometric information of the alien against

relevant watch lists and immigration information; and

‘‘(B) compare such biometric information against manifest information collected by air carriers on passengers

departing the United States to confirm such aliens have

departed the United States.

‘‘(3) REPORT.—Not later than 180 days after the date of

the enactment of this subsection, the Secretary shall submit

to Congress a report that describes—

‘‘(A) the progress made in developing and deploying

the exit system established under this subsection; and

‘‘(B) the procedures by which the Secretary shall

improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay

in the United States.’’.

(2) EFFECTIVE DATE.—Section 217(a)(11) of the Immigration

and Nationality Act, as added by paragraph (1)(A)(ii), shall

take effect on the date that is 60 days after the date on

which the Secretary of Homeland Security publishes notice

in the Federal Register of the requirement under such paragraph.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Homeland Security such

sums as may be necessary to carry out this section and the amendments made by this section.

Federal Register,

publication.

8 USC 1187 note.

Deadline.

121 STAT. 346 PUBLIC LAW 110–53—AUG. 3, 2007

Subtitle C—Strengthening Terrorism

Prevention Programs

SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER.

(a) IN GENERAL.—Section 7202 of the Intelligence Reform and

Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended—

(1) in subsection (c)(1), by striking ‘‘address’’ and inserting

‘‘integrate and disseminate intelligence and information related

to’’;

(2) by redesignating subsections (d) and (e) as subsections

(g) and (h), respectively; and

(3) by inserting after subsection (c) the following new subsections:

‘‘(d) DIRECTOR.—The Secretary of Homeland Security shall

nominate an official of the Government of the United States to

serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the ‘Human

Smuggling and Trafficking Center (HSTC) Charter’.

‘‘(e) STAFFING OF THE CENTER.— ‘‘(1) IN GENERAL.—The Secretary of Homeland Security,

in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer

than 40 full-time equivalent positions, including, as appropriate, detailees from the following:

‘‘(A) Agencies and offices within the Department of

Homeland Security, including the following:

‘‘(i) The Office of Intelligence and Analysis.

‘‘(ii) The Transportation Security Administration.

‘‘(iii) United States Citizenship and Immigration

Services.

‘‘(iv) United States Customs and Border Protection.

‘‘(v) The United States Coast Guard.

‘‘(vi) United States Immigration and Customs

Enforcement.

‘‘(B) Other departments, agencies, or entities, including

the following:

‘‘(i) The Central Intelligence Agency.

‘‘(ii) The Department of Defense.

‘‘(iii) The Department of the Treasury.

‘‘(iv) The National Counterterrorism Center.

‘‘(v) The National Security Agency.

‘‘(vi) The Department of Justice.

‘‘(vii) The Department of State.

‘‘(viii) Any other relevant agency or department.

‘‘(2) EXPERTISE OF DETAILEES.—The Secretary of Homeland

Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure

that the detailees provided to the Center under such paragraph

include an adequate number of personnel who are—

‘‘(A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and

‘‘(B) personnel with experience in the areas of—

‘‘(i) consular affairs;

‘‘(ii) counterterrorism;

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 347

‘‘(iii) criminal law enforcement;

‘‘(iv) intelligence analysis;

‘‘(v) prevention and detection of document fraud;

‘‘(vi) border inspection;

‘‘(vii) immigration enforcement; or

‘‘(viii) human trafficking and combating severe

forms of trafficking in persons.

‘‘(3) ENHANCED PERSONNEL MANAGEMENT.—

‘‘(A) INCENTIVES FOR SERVICE IN CERTAIN POSITIONS.—

‘‘(i) IN GENERAL.—The Secretary of Homeland

Security, and the heads of other relevant agencies,

shall prescribe regulations or promulgate personnel

policies to provide incentives for service on the staff

of the Center, particularly for serving terms of at least

two years duration.

‘‘(ii) FORMS OF INCENTIVES.—Incentives under

clause (i) may include financial incentives, bonuses,

and such other awards and incentives as the Secretary

and the heads of other relevant agencies, consider

appropriate.

‘‘(B) ENHANCED PROMOTION FOR SERVICE AT THE

CENTER.—Notwithstanding any other provision of law, the

Secretary of Homeland Security, and the heads of other

relevant agencies, shall ensure that personnel who are

assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than

similarly situated personnel of such agencies who are not

so assigned or detailed, except that this subparagraph shall

not apply in the case of personnel who are subject to

the provisions of the Foreign Service Act of 1980.

‘‘(f) ADMINISTRATIVE SUPPORT AND FUNDING.—The Secretary

of Homeland Security shall provide to the Center the administrative

support and funding required for its maintenance, including funding

for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to

carry out its functions.’’.

(b) REPORT.—Subsection (g) of section 7202 of the Intelligence

Reform and Terrorism Prevention Act of 2004, as redesignated

by subsection (a)(2), is amended to read as follows:

‘‘(g) REPORT.—

‘‘(1) INITIAL REPORT.—Not later than 180 days after

December 17, 2004, the President shall transmit to Congress

a report regarding the implementation of this section, including

a description of the staffing and resource needs of the Center.

‘‘(2) FOLLOW-UP REPORT.—Not later than 180 days after

the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall

transmit to Congress a report regarding the operation of the

Center and the activities carried out by the Center, including

a description of—

‘‘(A) the roles and responsibilities of each agency or

department that is participating in the Center;

‘‘(B) the mechanisms used to share information among

each such agency or department;

‘‘(C) the personnel provided to the Center by each

such agency or department;

President.

121 STAT. 348 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(D) the type of information and reports being disseminated by the Center;

‘‘(E) any efforts by the Center to create a centralized

Federal Government database to store information related

to unlawful travel of foreign nationals, including a description of any such database and of the manner in which

information utilized in such a database would be collected,

stored, and shared;

‘‘(F) how each agency and department shall utilize

its resources to ensure that the Center uses intelligence

to focus and drive its efforts;

‘‘(G) efforts to consolidate networked systems for the

Center;

‘‘(H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall

be consistent with section 1016(b);

‘‘(I) the ability of participating personnel in the Center

to freely access necessary databases and share information

regarding issues related to human smuggling, trafficking

in persons, and terrorist travel;

‘‘(J) how the assignment of personnel to the Center

is incorporated into the civil service career path of such

personnel; and

‘‘(K) cooperation and coordination efforts, including any

memorandums of understanding, among participating

agencies and departments regarding issues related to

human smuggling, trafficking in persons, and terrorist

travel.’’.

(c) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND

ANALYSIS.—Section 7202 of the Intelligence Reform and Terrorism

Prevention Act of 2004 is amended by adding after subsection

(h), as redesignated by subsection (a)(2), the following new subsection:

‘‘(i) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND

ANALYSIS.—The Office of Intelligence and Analysis, in coordination

with the Center, shall submit to relevant State, local, and tribal

law enforcement agencies periodic reports regarding terrorist

threats related to human smuggling, human trafficking, and terrorist travel.’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Homeland Security

$20,000,000 for fiscal year 2008 to carry out section 7202 of the

Intelligence Reform and Terrorism Prevention Act of 2004, as

amended by this section.

SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123) is amended to read as follows:

‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM.

‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than 90 days after

the date of the enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, the Secretary of Homeland

Security, in consultation with the Director of the National

Counterterrorism Center and consistent with the strategy developed

under section 7201, shall establish a program to oversee the

Deadline.

Reports.

8 USC 1777.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 349

implementation of the Secretary’s responsibilities with respect to

terrorist travel.

‘‘(b) HEAD OF THE PROGRAM.—The Secretary of Homeland Security shall designate an official of the Department of Homeland

Security to be responsible for carrying out the program. Such official

shall be—

‘‘(1) the Assistant Secretary for Policy of the Department

of Homeland Security; or

‘‘(2) an official appointed by the Secretary who reports

directly to the Secretary.

‘‘(c) DUTIES.—The official designated under subsection (b) shall

assist the Secretary of Homeland Security in improving the Department’s ability to prevent terrorists from entering the United States

or remaining in the United States undetected by—

‘‘(1) developing relevant strategies and policies;

‘‘(2) reviewing the effectiveness of existing programs and

recommending improvements, if necessary;

‘‘(3) making recommendations on budget requests and on

the allocation of funding and personnel;

‘‘(4) ensuring effective coordination, with respect to policies,

programs, planning, operations, and dissemination of intelligence and information related to terrorist travel—

‘‘(A) among appropriate subdivisions of the Department

of Homeland Security, as determined by the Secretary and

including—

‘‘(i) United States Customs and Border Protection;

‘‘(ii) United States Immigration and Customs

Enforcement;

‘‘(iii) United States Citizenship and Immigration

Services;

‘‘(iv) the Transportation Security Administration;

and

‘‘(v) the United States Coast Guard; and

‘‘(B) between the Department of Homeland Security

and other appropriate Federal agencies; and

‘‘(5) serving as the Secretary’s primary point of contact

with the National Counterterrorism Center for implementing

initiatives related to terrorist travel and ensuring that the

recommendations of the Center related to terrorist travel are

carried out by the Department.

‘‘(d) REPORT.—Not later than 180 days after the date of the

enactment of the Implementing Recommendations of the 9/11

Commission Act of 2007, the Secretary of Homeland Security 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

of this section.’’.

SEC. 723. ENHANCED DRIVER’S LICENSE.

Section 7209(b)(1) of the Intelligence Reform and Terrorism

Prevention Act of 2004 (8 U.S.C. 1185 note) is amended—

(1) in subparagraph (B)—

(A) in clause (vi), by striking ‘‘and’’ at the end;

(B) in clause (vii), by striking the period at the end

and inserting ‘‘; and’’; and

(C) by adding at the end the following new clause:

121 STAT. 350 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(viii) the signing of a memorandum of agreement

to initiate a pilot program with not less than one

State to determine if an enhanced driver’s license,

which is machine-readable and tamper proof, not valid

for certification of citizenship for any purpose other

than admission into the United States from Canada

or Mexico, and issued by such State to an individual,

may permit the individual to use the driver’s license

to meet the documentation requirements under

subparagraph (A) for entry into the United States from

Canada or Mexico at land and sea ports of entry.’’;

and

(2) by adding at the end the following new subparagraph:

‘‘(C) REPORT.—Not later than 180 days after the initiation of the pilot program described in subparagraph

(B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes—

‘‘(i) an analysis of the impact of the pilot program

on national security;

‘‘(ii) recommendations on how to expand the pilot

program to other States;

‘‘(iii) any appropriate statutory changes to facilitate

the expansion of the pilot program to additional States

and to citizens of Canada;

‘‘(iv) a plan to screen individuals participating in

the pilot program against United States terrorist watch

lists; and

‘‘(v) a recommendation for the type of machinereadable technology that should be used in enhanced

driver’s licenses, based on individual privacy considerations and the costs and feasibility of incorporating

any new technology into existing driver’s licenses.’’.

SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.

Before the Secretary of Homeland Security publishes a final

rule in the Federal Register implementing section 7209 of the

Intelligence Reform and Terrorism Prevention Act of 2004 (Public

Law 108–458; 8 U.S.C. 1185 note)—

(1) the Secretary of Homeland Security shall complete a

cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and

(2) the Secretary of State shall develop proposals for

reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 60928–32 (October 17, 2006), including

the use of mobile application teams, during implementation

of the land and sea phase of the Western Hemisphere Travel

Initiative, in order to encourage United States citizens to apply

for the passport card.

SEC. 725. MODEL PORTS-OF-ENTRY.

(a) IN GENERAL.—The Secretary of Homeland Security shall—

(1) establish a model ports-of-entry program for the purpose

of providing a more efficient and welcoming international

arrival process in order to facilitate and promote business and

tourist travel to the United States, while also improving security; and

8 USC 1752a.

Regulations.

Federal Register,

publication.

8 USC 1185 note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 351

(2) implement the program initially at the 20 United States

international airports that have the highest number of foreign

visitors arriving annually as of the date of the enactment

of this Act.

(b) PROGRAM ELEMENTS.—The program shall include—

(1) enhanced queue management in the Federal Inspection

Services area leading up to primary inspection;

(2) assistance for foreign travelers once they have been

admitted to the United States, in consultation, as appropriate,

with relevant governmental and nongovernmental entities; and

(3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal

Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome

videos.

(c) ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS

FOR HIGH-VOLUME PORTS.—Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary

of Homeland Security shall employ not fewer than an additional

200 Customs and Border Protection officers over the number of

such positions for which funds were appropriated for the proceeding

fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors

arriving annually as of the date of the enactment of this Act.

Subtitle D—Miscellaneous Provisions

SEC. 731. REPORT REGARDING BORDER SECURITY.

(a) IN GENERAL.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Homeland Security

shall submit to Congress a report regarding ongoing initiatives

of the Department of Homeland Security to improve security along

the northern border of the United States.

(b) CONTENTS.—The report submitted under subsection (a)

shall—

(1) address the vulnerabilities along the northern border

of the United States; and

(2) provide recommendations to address such

vulnerabilities, including required resources needed to protect

the northern border of the United States.

(c) GOVERNMENT ACCOUNTABILITY OFFICE.—Not later than 270

days after the date of the submission of the report under subsection

(a), the Comptroller General of the United States shall submit

to Congress a report that—

(1) reviews and comments on the report under subsection

(a); and

(2) provides recommendations regarding any additional

actions necessary to protect the northern border of the United

States.

Deadline.

121 STAT. 352 PUBLIC LAW 110–53—AUG. 3, 2007

TITLE VIII—PRIVACY AND CIVIL

LIBERTIES

SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND

CIVIL LIBERTIES OVERSIGHT BOARD.

(a) MODIFICATION OF AUTHORITIES.—Section 1061 of the

National Security Intelligence Reform Act of 2004 (5 U.S.C. 601

note) is amended to read as follows:

‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

‘‘(a) IN GENERAL.—There is established as an independent

agency within the executive branch a Privacy and Civil Liberties

Oversight Board (referred to in this section as the ‘Board’).

‘‘(b) FINDINGS.—Consistent with the report of the National

Commission on Terrorist Attacks Upon the United States, Congress

makes the following findings:

‘‘(1) In conducting the war on terrorism, the Government

may need additional powers and may need to enhance the

use of its existing powers.

‘‘(2) This shift of power and authority to the Government

calls for an enhanced system of checks and balances to protect

the precious liberties that are vital to our way of life and

to ensure that the Government uses its powers for the purposes

for which the powers were given.

‘‘(3) The National Commission on Terrorist Attacks Upon

the United States correctly concluded that ‘The choice between

security and liberty is a false choice, as nothing is more likely

to endanger America’s liberties than the success of a terrorist

attack at home. Our history has shown us that insecurity

threatens liberty. Yet, if our liberties are curtailed, we lose

the values that we are struggling to defend.’.

‘‘(c) PURPOSE.—The Board shall—

‘‘(1) analyze and review actions the executive branch takes

to protect the Nation from terrorism, ensuring that the need

for such actions is balanced with the need to protect privacy

and civil liberties; and

‘‘(2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation

against terrorism.

‘‘(d) FUNCTIONS.—

‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND

IMPLEMENTATION.—The Board shall—

‘‘(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism,

including the development and adoption of information

sharing guidelines under subsections (d) and (f) of section

1016;

‘‘(B) review the implementation of new and existing

legislation, regulations, and policies related to efforts to

protect the Nation from terrorism, including the

implementation of information sharing guidelines under

subsections (d) and (f) of section 1016;

‘‘(C) advise the President and the departments, agencies, and elements of the executive branch to ensure that

privacy and civil liberties are appropriately considered in

Establishment.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 353

the development and implementation of such legislation,

regulations, policies, and guidelines; and

‘‘(D) in providing advice on proposals to retain or

enhance a particular governmental power, consider

whether the department, agency, or element of the executive branch has established—

‘‘(i) that the need for the power is balanced with

the need to protect privacy and civil liberties;

‘‘(ii) that there is adequate supervision of the use

by the executive branch of the power to ensure protection of privacy and civil liberties; and

‘‘(iii) that there are adequate guidelines and oversight to properly confine its use.

‘‘(2) OVERSIGHT.—The Board shall continually review—

‘‘(A) the regulations, policies, and procedures, and the

implementation of the regulations, policies, and procedures,

of the departments, agencies, and elements of the executive

branch relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected;

‘‘(B) the information sharing practices of the departments, agencies, and elements of the executive branch

relating to efforts to protect the Nation from terrorism

to determine whether they appropriately protect privacy

and civil liberties and adhere to the information sharing

guidelines issued or developed under subsections (d) and

(f) of section 1016 and to other governing laws, regulations,

and policies regarding privacy and civil liberties; and

‘‘(C) other actions by the executive branch relating

to efforts to protect the Nation from terrorism to determine

whether such actions—

‘‘(i) appropriately protect privacy and civil liberties;

and

‘‘(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.

‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS.—The Board shall—

‘‘(A) receive and review reports and other information

from privacy officers and civil liberties officers under section 1062;

‘‘(B) when appropriate, make recommendations to such

privacy officers and civil liberties officers regarding their

activities; and

‘‘(C) when appropriate, coordinate the activities of such

privacy officers and civil liberties officers on relevant interagency matters.

‘‘(4) TESTIMONY.—The members of the Board shall appear

and testify before Congress upon request.

‘‘(e) REPORTS.—

‘‘(1) IN GENERAL.—The Board shall—

‘‘(A) receive and review reports from privacy officers

and civil liberties officers under section 1062; and

‘‘(B) periodically submit, not less than semiannually,

reports—

‘‘(i)(I) to the appropriate committees of Congress,

including the Committee on the Judiciary of the

Senate, the Committee on the Judiciary of the House

121 STAT. 354 PUBLIC LAW 110–53—AUG. 3, 2007

of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the

Select Committee on Intelligence of the Senate, and

the Permanent Select Committee on Intelligence of

the House of Representatives; and

‘‘(II) to the President; and

‘‘(ii) which shall be in unclassified form to the

greatest extent possible, with a classified annex where

necessary.

‘‘(2) CONTENTS.—Not less than 2 reports submitted each

year under paragraph (1)(B) shall include—

‘‘(A) a description of the major activities of the Board

during the preceding period;

‘‘(B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and

oversight functions under subsection (d);

‘‘(C) the minority views on any findings, conclusions,

and recommendations of the Board resulting from its advice

and oversight functions under subsection (d);

‘‘(D) each proposal reviewed by the Board under subsection (d)(1) that—

‘‘(i) the Board advised against implementation; and

‘‘(ii) notwithstanding such advice, actions were

taken to implement; and

‘‘(E) for the preceding period, any requests submitted

under subsection (g)(1)(D) for the issuance of subpoenas

that were modified or denied by the Attorney General.

‘‘(f) INFORMING THE PUBLIC.—The Board shall—

‘‘(1) make its reports, including its reports to Congress,

available to the public to the greatest extent that is consistent

with the protection of classified information and applicable

law; and

‘‘(2) hold public hearings and otherwise inform the public

of its activities, as appropriate and in a manner consistent

with the protection of classified information and applicable

law.

‘‘(g) ACCESS TO INFORMATION.—

‘‘(1) AUTHORIZATION.—If determined by the Board to be

necessary to carry out its responsibilities under this section,

the Board is authorized to—

‘‘(A) have access from any department, agency, or element of the executive branch, or any Federal officer or

employee of any such department, agency, or element, to

all relevant records, reports, audits, reviews, documents,

papers, recommendations, or other relevant material,

including classified information consistent with applicable

law;

‘‘(B) interview, take statements from, or take public

testimony from personnel of any department, agency, or

element of the executive branch, or any Federal officer

or employee of any such department, agency, or element;

‘‘(C) request information or assistance from any State,

tribal, or local government; and

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 355

‘‘(D) at the direction of a majority of the members

of the Board, submit a written request to the Attorney

General of the United States that the Attorney General

require, by subpoena, persons (other than departments,

agencies, and elements of the executive branch) to produce

any relevant information, documents, reports, answers,

records, accounts, papers, and other documentary or testimonial evidence.

‘‘(2) REVIEW OF SUBPOENA REQUEST.—

‘‘(A) IN GENERAL.—Not later than 30 days after the

date of receipt of a request by the Board under paragraph

(1)(D), the Attorney General shall—

‘‘(i) issue the subpoena as requested; or

‘‘(ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request

has been modified or denied.

‘‘(B) NOTIFICATION.—If a subpoena request is modified

or denied under subparagraph (A)(ii), the Attorney General

shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of

the Senate and the Committee on the Judiciary of the

House of Representatives.

‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case of contumacy

or failure to obey a subpoena issued pursuant to paragraph

(1)(D), the United States district court for the judicial district

in which the subpoenaed person resides, is served, or may

be found may issue an order requiring such person to produce

the evidence required by such subpoena.

‘‘(4) AGENCY COOPERATION.—Whenever information or

assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused

or not provided, the Board shall report the circumstances to

the head of the department, agency, or element concerned without delay. The head of the department, agency, or element

concerned shall ensure that the Board is given access to the

information, assistance, material, or personnel the Board determines to be necessary to carry out its functions.

‘‘(h) MEMBERSHIP.—

‘‘(1) MEMBERS.—The Board shall be composed of a fulltime chairman and 4 additional members, who shall be

appointed by the President, by and with the advice and consent

of the Senate.

‘‘(2) QUALIFICATIONS.—Members of the Board shall be

selected solely on the basis of their professional qualifications,

achievements, public stature, expertise in civil liberties and

privacy, and relevant experience, and without regard to political

affiliation, but in no event shall more than 3 members of

the Board be members of the same political party. The President shall, before appointing an individual who is not a member

of the same political party as the President, consult with the

leadership of that party, if any, in the Senate and House

of Representatives.

‘‘(3) INCOMPATIBLE OFFICE.—An individual appointed to the

Board may not, while serving on the Board, be an elected

official, officer, or employee of the Federal Government, other

than in the capacity as a member of the Board.

President.

President.

Congress.

Deadlines.

121 STAT. 356 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(4) TERM.—Each member of the Board shall serve a term

of 6 years, except that—

‘‘(A) a member appointed to a term of office after

the commencement of such term may serve under such

appointment only for the remainder of such term; and

‘‘(B) upon the expiration of the term of office of a

member, the member shall continue to serve until the

member’s successor has been appointed and qualified,

except that no member may serve under this

subparagraph—

‘‘(i) for more than 60 days when Congress is in

session unless a nomination to fill the vacancy shall

have been submitted to the Senate; or

‘‘(ii) after the adjournment sine die of the session

of the Senate in which such nomination is submitted.

‘‘(5) QUORUM AND MEETINGS.—The Board shall meet upon

the call of the chairman or a majority of its members. Three

members of the Board shall constitute a quorum.

‘‘(i) COMPENSATION AND TRAVEL EXPENSES.—

‘‘(1) COMPENSATION.—

‘‘(A) CHAIRMAN.—The chairman of the Board shall be

compensated at the rate of pay payable for a position

at level III of the Executive Schedule under section 5314

of title 5, United States Code.

‘‘(B) MEMBERS.—Each member of the Board shall be

compensated at a rate of pay payable for a position at

level IV of the Executive Schedule under section 5315

of title 5, United States Code, for each day during which

that member is engaged in the actual performance of the

duties of the Board.

‘‘(2) TRAVEL EXPENSES.—Members of the Board shall be

allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently

by the Government under section 5703(b) of title 5, United

States Code, while away from their homes or regular places

of business in the performance of services for the Board.

‘‘(j) STAFF.—

‘‘(1) APPOINTMENT AND COMPENSATION.—The chairman of

the Board, in accordance with rules agreed upon by the Board,

shall appoint and fix the compensation of a full-time executive

director and such other personnel as may be necessary to

enable the Board to carry out its functions, without regard

to the provisions of title 5, United States Code, governing

appointments in the competitive service, and without regard

to the provisions of chapter 51 and subchapter III of chapter

53 of such title relating to classification and General Schedule

pay rates, except that no rate of pay fixed under this subsection

may exceed the equivalent of that payable for a position at

level V of the Executive Schedule under section 5316 of title

5, United States Code.

‘‘(2) DETAILEES.—Any Federal employee may be detailed

to the Board without reimbursement from the Board, and such

detailee shall retain the rights, status, and privileges of the

detailee’s regular employment without interruption.

‘‘(3) CONSULTANT SERVICES.—The Board may procure the

temporary or intermittent services of experts and consultants

in accordance with section 3109 of title 5, United States Code,

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 357

at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under

section 5315 of such title.

‘‘(k) SECURITY CLEARANCES.—

‘‘(1) IN GENERAL.—The appropriate departments, agencies,

and elements of the executive branch shall cooperate with

the Board to expeditiously provide the Board members and

staff with appropriate security clearances to the extent possible

under existing procedures and requirements.

‘‘(2) RULES AND PROCEDURES.—After consultation with the

Secretary of Defense, the Attorney General, and the Director

of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer,

document, personnel, and other security relating to carrying

out the functions of the Board.

‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE.—

The Board—

‘‘(1) is an agency (as defined in section 551(1) of title

5, United States Code); and

‘‘(2) is not an advisory committee (as defined in section

3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section amounts as follows:

‘‘(1) For fiscal year 2008, $5,000,000.

‘‘(2) For fiscal year 2009, $6,650,000.

‘‘(3) For fiscal year 2010, $8,300,000.

‘‘(4) For fiscal year 2011, $10,000,000.

‘‘(5) For fiscal year 2012 and each subsequent fiscal year,

such sums as may be necessary.’’.

(b) SECURITY RULES AND PROCEDURES.—The Privacy and Civil

Liberties Oversight Board shall promptly adopt the security rules

and procedures required under section 1061(k)(2) of the National

Security Intelligence Reform Act of 2004 (as added by subsection

(a) of this section).

(c) TRANSITION PROVISIONS.—

(1) TREATMENT OF INCUMBENT MEMBERS OF THE PRIVACY

AND CIVIL LIBERTIES OVERSIGHT BOARD.—

(A) CONTINUATION OF SERVICE.—Any individual who

is a member of the Privacy and Civil Liberties Oversight

Board on the date of enactment of this Act may continue

to serve on the Board until 180 days after the date of

enactment of this Act.

(B) TERMINATION OF TERMS.—The term of any individual who is a member of the Privacy and Civil Liberties

Oversight Board on the date of enactment of this Act

shall terminate 180 days after the date of enactment of

this Act.

(2) APPOINTMENTS.—

(A) IN GENERAL.—The President and the Senate shall

take such actions as necessary for the President, by and

with the advice and consent of the Senate, to appoint

members to the Privacy and Civil Liberties Oversight Board

as constituted under the amendments made by subsection

(a) in a timely manner to provide for the continuing operation of the Board and orderly implementation of this section.

Congress.

President.

42 USC 2000ee

note.

42 USC 2000ee

note.

121 STAT. 358 PUBLIC LAW 110–53—AUG. 3, 2007

(B) DESIGNATIONS.—In making the appointments

described under subparagraph (A) of the first members

of the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a),

the President shall provide for the members to serve terms

of 2, 3, 4, 5, and 6 years beginning on the effective date

described under subsection (d)(1), with the term of each

such member to be designated by the President.

(d) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by subsection

(a) and subsection (b) shall take effect 180 days after the

date of enactment of this Act.

(2) TRANSITION PROVISIONS.—Subsection (c) shall take effect

on the date of enactment of this Act.

SEC. 802. DEPARTMENT PRIVACY OFFICER.

Section 222 of the Homeland Security Act of 2002 (6 U.S.C.

142) is amended—

(1) by inserting ‘‘(a) APPOINTMENT AND RESPONSIBILITIES.—

’’ before ‘‘The Secretary’’; and

(2) by adding at the end the following:

‘‘(b) AUTHORITY TO INVESTIGATE.—

‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) may—

‘‘(A) have access to all records, reports, audits, reviews,

documents, papers, recommendations, and other materials

available to the Department that relate to programs and

operations with respect to the responsibilities of the senior

official under this section;

‘‘(B) make such investigations and reports relating to

the administration of the programs and operations of the

Department as are, in the senior official’s judgment, necessary or desirable;

‘‘(C) subject to the approval of the Secretary, require

by subpoena the production, by any person other than

a Federal agency, of all information, documents, reports,

answers, records, accounts, papers, and other data and

documentary evidence necessary to performance of the

responsibilities of the senior official under this section;

and

‘‘(D) administer to or take from any person an oath,

affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this

section.

‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any subpoena issued

under paragraph (1)(C) shall, in the case of contumacy or

refusal to obey, be enforceable by order of any appropriate

United States district court.

‘‘(3) EFFECT OF OATHS.—Any oath, affirmation, or affidavit

administered or taken under paragraph (1)(D) by or before

an employee of the Privacy Office designated for that purpose

by the senior official appointed under subsection (a) shall have

the same force and effect as if administered or taken by or

before an officer having a seal of office.

‘‘(c) SUPERVISION AND COORDINATION.— ‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) shall—

42 USC 2000ee

note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 359

‘‘(A) report to, and be under the general supervision

of, the Secretary; and

‘‘(B) coordinate activities with the Inspector General

of the Department in order to avoid duplication of effort.

‘‘(2) COORDINATION WITH THE INSPECTOR GENERAL.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the senior official appointed under subsection (a) may

investigate any matter relating to possible violations or

abuse concerning the administration of any program or

operation of the Department relevant to the purposes under

this section.

‘‘(B) COORDINATION.—

‘‘(i) REFERRAL.—Before initiating any investigation

described under subparagraph (A), the senior official

shall refer the matter and all related complaints,

allegations, and information to the Inspector General

of the Department.

‘‘(ii) DETERMINATIONS AND NOTIFICATIONS BY THE

INSPECTOR GENERAL.—

‘‘(I) IN GENERAL.—Not later than 30 days after

the receipt of a matter referred under clause (i),

the Inspector General shall—

‘‘(aa) make a determination regarding

whether the Inspector General intends to initiate an audit or investigation of the matter

referred under clause (i); and

‘‘(bb) notify the senior official of that determination.

‘‘(II) INVESTIGATION NOT INITIATED.—If the

Inspector General notifies the senior official under

subclause (I)(bb) that the Inspector General

intended to initiate an audit or investigation, but

does not initiate that audit or investigation within

90 days after providing that notification, the

Inspector General shall further notify the senior

official that an audit or investigation was not initiated. The further notification under this subclause

shall be made not later than 3 days after the

end of that 90-day period.

‘‘(iii) INVESTIGATION BY SENIOR OFFICIAL.—The

senior official may investigate a matter referred under

clause (i) if—

‘‘(I) the Inspector General notifies the senior

official under clause (ii)(I)(bb) that the Inspector

General does not intend to initiate an audit or

investigation relating to that matter; or

‘‘(II) the Inspector General provides a further

notification under clause (ii)(II) relating to that

matter.

‘‘(iv) PRIVACY TRAINING.—Any employee of the

Office of Inspector General who audits or investigates

any matter referred under clause (i) shall be required

to receive adequate training on privacy laws, rules,

and regulations, to be provided by an entity approved

by the Inspector General in consultation with the

senior official appointed under subsection (a).

Notification.

Deadlines.

121 STAT. 360 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(d) NOTIFICATION TO CONGRESS ON REMOVAL.—If the Secretary

removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the

Department, the Secretary shall—

‘‘(1) promptly submit a written notification of the removal

or transfer to Houses of Congress; and

‘‘(2) include in any such notification the reasons for the

removal or transfer.

‘‘(e) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—The senior

official appointed under subsection (a) shall—

‘‘(1) submit reports directly to the Congress regarding

performance of the responsibilities of the senior official under

this section, without any prior comment or amendment by

the Secretary, Deputy Secretary, or any other officer or

employee of the Department or the Office of Management and

Budget; and

‘‘(2) inform the Committee on Homeland Security and

Governmental Affairs of the Senate and the Committee on

Homeland Security of the House of Representatives not later

than—

‘‘(A) 30 days after the Secretary disapproves the senior

official’s request for a subpoena under subsection (b)(1)(C)

or the Secretary substantively modifies the requested subpoena; or

‘‘(B) 45 days after the senior official’s request for a

subpoena under subsection (b)(1)(C), if that subpoena has

not either been approved or disapproved by the Secretary.’’.

SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.

(a) IN GENERAL.—Section 1062 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108–458; 118

Stat. 3688) is amended to read as follows:

‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney General, the

Secretary of Defense, the Secretary of State, the Secretary of the

Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence,

the Director of the Central Intelligence Agency, and the head of

any other department, agency, or element of the executive branch

designated by the Privacy and Civil Liberties Oversight Board

under section 1061 to be appropriate for coverage under this section

shall designate not less than 1 senior officer to serve as the principal

advisor to—

‘‘(1) assist the head of such department, agency, or element

and other officials of such department, agency, or element

in appropriately considering privacy and civil liberties concerns

when such officials are proposing, developing, or implementing

laws, regulations, policies, procedures, or guidelines related

to efforts to protect the Nation against terrorism;

‘‘(2) periodically investigate and review department, agency,

or element actions, policies, procedures, guidelines, and related

laws and their implementation to ensure that such department,

agency, or element is adequately considering privacy and civil

liberties in its actions;

‘‘(3) ensure that such department, agency, or element has

adequate procedures to receive, investigate, respond to, and

42 USC

2000ee–1.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 361

redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil

liberties; and

‘‘(4) in providing advice on proposals to retain or enhance

a particular governmental power the officer shall consider

whether such department, agency, or element has established—

‘‘(A) that the need for the power is balanced with

the need to protect privacy and civil liberties;

‘‘(B) that there is adequate supervision of the use by

such department, agency, or element of the power to ensure

protection of privacy and civil liberties; and

‘‘(C) that there are adequate guidelines and oversight

to properly confine its use.

‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— ‘‘(1) PRIVACY OFFICERS.—In any department, agency, or

element referred to in subsection (a) or designated by the

Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the

functions specified in subsection (a) with respect to privacy.

‘‘(2) CIVIL LIBERTIES OFFICERS.—In any department, agency,

or element referred to in subsection (a) or designated by the

Board, which has a statutorily created civil liberties officer,

such officer shall perform the functions specified in subsection

(a) with respect to civil liberties.

‘‘(c) SUPERVISION AND COORDINATION.—Each privacy officer or

civil liberties officer described in subsection (a) or (b) shall—

‘‘(1) report directly to the head of the department, agency,

or element concerned; and

‘‘(2) coordinate their activities with the Inspector General

of such department, agency, or element to avoid duplication

of effort.

‘‘(d) AGENCY COOPERATION.—The head of each department,

agency, or element shall ensure that each privacy officer and civil

liberties officer—

‘‘(1) has the information, material, and resources necessary

to fulfill the functions of such officer;

‘‘(2) is advised of proposed policy changes;

‘‘(3) is consulted by decision makers; and

‘‘(4) is given access to material and personnel the officer

determines to be necessary to carry out the functions of such

officer.

‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No action constituting

a reprisal, or threat of reprisal, for making a complaint or for

disclosing information to a privacy officer or civil liberties officer

described in subsection (a) or (b), or to the Privacy and Civil

Liberties Oversight Board, that indicates a possible violation of

privacy protections or civil liberties in the administration of the

programs and operations of the Federal Government relating to

efforts to protect the Nation from terrorism shall be taken by

any Federal employee in a position to take such action, unless

the complaint was made or the information was disclosed with

the knowledge that it was false or with willful disregard for its

truth or falsity.

‘‘(f) PERIODIC REPORTS.—

‘‘(1) IN GENERAL.—The privacy officers and civil liberties

officers of each department, agency, or element referred to

or described in subsection (a) or (b) shall periodically, but

121 STAT. 362 PUBLIC LAW 110–53—AUG. 3, 2007

not less than quarterly, submit a report on the activities of

such officers—

‘‘(A)(i) to the appropriate committees of Congress,

including the Committee on the Judiciary of the Senate,

the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight

and Government Reform of the House of Representatives,

the Select Committee on Intelligence of the Senate, and

the Permanent Select Committee on Intelligence of the

House of Representatives;

‘‘(ii) to the head of such department, agency, or element; and

‘‘(iii) to the Privacy and Civil Liberties Oversight

Board; and

‘‘(B) which shall be in unclassified form to the greatest

extent possible, with a classified annex where necessary.

‘‘(2) CONTENTS.—Each report submitted under paragraph

(1) shall include information on the discharge of each of the

functions of the officer concerned, including—

‘‘(A) information on the number and types of reviews

undertaken;

‘‘(B) the type of advice provided and the response given

to such advice;

‘‘(C) the number and nature of the complaints received

by the department, agency, or element concerned for alleged

violations; and

‘‘(D) a summary of the disposition of such complaints,

the reviews and inquiries conducted, and the impact of

the activities of such officer.

‘‘(g) INFORMING THE PUBLIC.—Each privacy officer and civil

liberties officer shall—

‘‘(1) make the reports of such officer, including reports

to Congress, available to the public to the greatest extent

that is consistent with the protection of classified information

and applicable law; and

‘‘(2) otherwise inform the public of the activities of such

officer, as appropriate and in a manner consistent with the

protection of classified information and applicable law.

‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall be construed to limit or otherwise supplant any other authorities or

responsibilities provided by law to privacy officers or civil liberties

officers.’’.

(b) CLERICAL AMENDMENT.—The table of contents for the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law

108–458) is amended by striking the item relating to section 1062

and inserting the following new item:

‘‘Sec. 1062. Privacy and civil liberties officers.’’.

SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.

(a) SHORT TITLE.—This section may be cited as the ‘‘Federal

Agency Data Mining Reporting Act of 2007’’.

(b) DEFINITIONS.—In this section:

(1) DATA MINING.—The term ‘‘data mining’’ means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where—

Federal Agency

Data Mining

Reporting Act

of 2007.

42 USC

2000ee–3.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 363

(A) a department or agency of the Federal Government,

or a non-Federal entity acting on behalf of the Federal

Government, is conducting the queries, searches, or other

analyses to discover or locate a predictive pattern or

anomaly indicative of terrorist or criminal activity on the

part of any individual or individuals;

(B) the queries, searches, or other analyses are not

subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from

the database or databases; and

(C) the purpose of the queries, searches, or other analyses is not solely—

(i) the detection of fraud, waste, or abuse in a

Government agency or program; or

(ii) the security of a Government computer system.

(2) DATABASE.—The term ‘‘database’’ does not include telephone directories, news reporting, information publicly available to any member of the public without payment of a fee,

or databases of judicial and administrative opinions or other

legal research sources.

(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGENCIES.—

(1) REQUIREMENT FOR REPORT.—The head of each department or agency of the Federal Government that is engaged

in any activity to use or develop data mining shall submit

a report to Congress on all such activities of the department

or agency under the jurisdiction of that official. The report

shall be produced in coordination with the privacy officer of

that department or agency, if applicable, and shall be made

available to the public, except for an annex described in

subparagraph (C).

(2) CONTENT OF REPORT.—Each report submitted under

subparagraph (A) shall include, for each activity to use or

develop data mining, the following information:

(A) A thorough description of the data mining activity,

its goals, and, where appropriate, the target dates for the

deployment of the data mining activity.

(B) A thorough description of the data mining technology that is being used or will be used, including the

basis for determining whether a particular pattern or

anomaly is indicative of terrorist or criminal activity.

(C) A thorough description of the data sources that

are being or will be used.

(D) An assessment of the efficacy or likely efficacy

of the data mining activity in providing accurate information consistent with and valuable to the stated goals and

plans for the use or development of the data mining

activity.

(E) An assessment of the impact or likely impact of

the implementation of the data mining activity on the

privacy and civil liberties of individuals, including a thorough description of the actions that are being taken or

will be taken with regard to the property, privacy, or other

rights or privileges of any individual or individuals as

a result of the implementation of the data mining activity.

121 STAT. 364 PUBLIC LAW 110–53—AUG. 3, 2007

(F) A list and analysis of the laws and regulations

that govern the information being or to be collected,

reviewed, gathered, analyzed, or used in conjunction with

the data mining activity, to the extent applicable in the

context of the data mining activity.

(G) A thorough discussion of the policies, procedures,

and guidelines that are in place or that are to be developed

and applied in the use of such data mining activity in

order to—

(i) protect the privacy and due process rights of

individuals, such as redress procedures; and

(ii) ensure that only accurate and complete

information is collected, reviewed, gathered, analyzed,

or used, and guard against any harmful consequences

of potential inaccuracies.

(3) ANNEX.—

(A) IN GENERAL.—A report under subparagraph (A)

shall include in an annex any necessary—

(i) classified information;

(ii) law enforcement sensitive information;

(iii) proprietary business information; or

(iv) trade secrets (as that term is defined in section

1839 of title 18, United States Code).

(B) AVAILABILITY.—Any annex described in clause (i)—

(i) shall be available, as appropriate, and consistent with the National Security Act of 1947 (50

U.S.C. 401 et seq.), to the Committee on Homeland

Security and Governmental Affairs, the Committee on

the Judiciary, the Select Committee on Intelligence,

the Committee on Appropriations, and the Committee

on Banking, Housing, and Urban Affairs of the Senate

and the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Financial Services of the

House of Representatives; and

(ii) shall not be made available to the public.

(4) TIME FOR REPORT.—Each report required under

subparagraph (A) shall be—

(A) submitted not later than 180 days after the date

of enactment of this Act; and

(B) updated not less frequently than annually thereafter, to include any activity to use or develop data mining

engaged in after the date of the prior report submitted

under subparagraph (A).

TITLE IX—PRIVATE SECTOR

PREPAREDNESS

SEC. 901. PRIVATE SECTOR PREPAREDNESS.

(a) IN GENERAL.—Title V of the Homeland Security Act of

2002 (6 U.S.C. 311 et seq.), as amended by section 409, is further

amended by adding at the end the following:

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 465

‘‘SEC. 523. GUIDANCE AND RECOMMENDATIONS.

‘‘(a) IN GENERAL.—Consistent with their responsibilities and

authorities under law, as of the day before the date of the enactment

of this section, the Administrator and the Assistant Secretary for

Infrastructure Protection, in consultation with the private sector,

may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in—

‘‘(1) identifying potential hazards and assessing risks and

impacts;

‘‘(2) mitigating the impact of a wide variety of hazards,

including weapons of mass destruction;

‘‘(3) managing necessary emergency preparedness and

response resources;

‘‘(4) developing mutual aid agreements;

‘‘(5) developing and maintaining emergency preparedness

and response plans, and associated operational procedures;

‘‘(6) developing and conducting training and exercises to

support and evaluate emergency preparedness and response

plans and operational procedures;

‘‘(7) developing and conducting training programs for security guards to implement emergency preparedness and response

plans and operations procedures; and

‘‘(8) developing procedures to respond to requests for

information from the media or the public.

‘‘(b) ISSUANCE AND PROMOTION.—Any guidance or recommendations developed or best practices identified under subsection (a)

shall be—

‘‘(1) issued through the Administrator; and

‘‘(2) promoted by the Secretary to the private sector.

‘‘(c) SMALL BUSINESS CONCERNS.—In developing guidance or

recommendations or identifying best practices under subsection (a),

the Administrator and the Assistant Secretary for Infrastructure

Protection shall take into consideration small business concerns

(under the meaning given that term in section 3 of the Small

Business Act (15 U.S.C. 632)), including any need for separate

guidance or recommendations or best practices, as necessary and

appropriate.

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section may

be construed to supersede any requirement established under any

other provision of law.

‘‘SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND CERTIFICATION PROGRAM.

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—The Secretary, acting through the officer

designated under paragraph (2), shall establish and implement

the voluntary private sector preparedness accreditation and

certification program in accordance with this section.

‘‘(2) DESIGNATION OF OFFICER.—The Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter

referred to in this section as the ‘designated officer’) shall

be one of the following:

‘‘(A) The Administrator, based on consideration of—

‘‘(i) the expertise of the Administrator in emergency management and preparedness in the United

States; and

6 USC 321m.

6 USC 321l.

121 STAT. 466 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(ii) the responsibilities of the Administrator as

the principal advisor to the President for all matters

relating to emergency management in the United

States.

‘‘(B) The Assistant Secretary for Infrastructure Protection, based on consideration of the expertise of the Assistant

Secretary in, and responsibilities for—

‘‘(i) protection of critical infrastructure;

‘‘(ii) risk assessment methodologies; and

‘‘(iii) interacting with the private sector on the

issues described in clauses (i) and (ii).

‘‘(C) The Under Secretary for Science and Technology,

based on consideration of the expertise of the Under Secretary in, and responsibilities associated with, standards.

‘‘(3) COORDINATION.—In carrying out the accreditation and

certification program under this section, the designated officer

shall coordinate with—

‘‘(A) the other officers of the Department referred to

in paragraph (2), using the expertise and responsibilities

of such officers; and

‘‘(B) the Special Assistant to the Secretary for the

Private Sector, based on consideration of the expertise of

the Special Assistant in, and responsibilities for, interacting

with the private sector.

‘‘(b) VOLUNTARY PRIVATE SECTOR PREPAREDNESS STANDARDS;

VOLUNTARY ACCREDITATION AND CERTIFICATION PROGRAM FOR THE

PRIVATE SECTOR.—

‘‘(1) ACCREDITATION AND CERTIFICATION PROGRAM.—Not

later than 210 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007,

the designated officer shall—

‘‘(A) begin supporting the development and updating,

as necessary, of voluntary preparedness standards through

appropriate organizations that coordinate or facilitate the

development and use of voluntary consensus standards and

voluntary consensus standards development organizations;

and

‘‘(B) in consultation with representatives of appropriate

organizations that coordinate or facilitate the development

and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations,

each private sector advisory council created under section

102(f)(4), appropriate representatives of State and local

governments, including emergency management officials,

and appropriate private sector advisory groups, such as

sector coordinating councils and information sharing and

analysis centers—

‘‘(i) develop and promote a program to certify the

preparedness of private sector entities that voluntarily

choose to seek certification under the program; and

‘‘(ii) implement the program under this subsection

through any entity with which the designated officer

enters into an agreement under paragraph (3)(A),

which shall accredit third parties to carry out the

certification process under this section.

‘‘(2) PROGRAM ELEMENTS.— ‘‘(A) IN GENERAL.—

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 367

‘‘(i) PROGRAM.—The program developed and implemented under this subsection shall assess whether a

private sector entity complies with voluntary preparedness standards.

‘‘(ii) GUIDELINES.—In developing the program

under this subsection, the designated officer shall

develop guidelines for the accreditation and certification processes established under this subsection.

‘‘(B) STANDARDS.—The designated officer, in consultation with representatives of appropriate organizations that

coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate

voluntary consensus standards development organizations,

each private sector advisory council created under section

102(f)(4), appropriate representatives of State and local

governments, including emergency management officials,

and appropriate private sector advisory groups such as

sector coordinating councils and information sharing and

analysis centers—

‘‘(i) shall adopt one or more appropriate voluntary

preparedness standards that promote preparedness,

which may be tailored to address the unique nature

of various sectors within the private sector, as necessary and appropriate, that shall be used in the

accreditation and certification program under this subsection; and

‘‘(ii) after the adoption of one or more standards

under clause (i), may adopt additional voluntary

preparedness standards or modify or discontinue the

use of voluntary preparedness standards for the

accreditation and certification program, as necessary

and appropriate to promote preparedness.

‘‘(C) SUBMISSION OF RECOMMENDATIONS.—In adopting

one or more standards under subparagraph (B), the designated officer may receive recommendations from any

entity described in that subparagraph relating to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program.

‘‘(D) SMALL BUSINESS CONCERNS.—The designated

officer and any entity with which the designated officer

enters into an agreement under paragraph (3)(A) shall

establish separate classifications and methods of certification for small business concerns (under the meaning

given that term in section 3 of the Small Business Act

(15 U.S.C. 632)) for the program under this subsection.

‘‘(E) CONSIDERATIONS.—In developing and implementing the program under this subsection, the designated

officer shall—

‘‘(i) consider the unique nature of various sectors

within the private sector, including preparedness

standards, business continuity standards, or best practices, established—

‘‘(I) under any other provision of Federal law;

or

121 STAT. 368 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(II) by any sector-specific agency, as defined

under Homeland Security Presidential Directive–

7; and

‘‘(ii) coordinate the program, as appropriate, with—

‘‘(I) other Department private sector related

programs; and

‘‘(II) preparedness and business continuity programs in other Federal agencies.

‘‘(3) ACCREDITATION AND CERTIFICATION PROCESSES.— ‘‘(A) AGREEMENT.— ‘‘(i) IN GENERAL.—Not later than 210 days after

the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007,

the designated officer shall enter into one or more

agreements with a highly qualified nongovernmental

entity with experience or expertise in coordinating and

facilitating the development and use of voluntary consensus standards and in managing or implementing

accreditation and certification programs for voluntary

consensus standards, or a similarly qualified private

sector entity, to carry out accreditations and oversee

the certification process under this subsection. An

entity entering into an agreement with the designated

officer under this clause (hereinafter referred to in

this section as a ‘selected entity’) shall not perform

certifications under this subsection.

‘‘(ii) CONTENTS.—A selected entity shall manage

the accreditation process and oversee the certification

process in accordance with the program established

under this subsection and accredit qualified third parties to carry out the certification program established

under this subsection.

‘‘(B) PROCEDURES AND REQUIREMENTS FOR ACCREDITATION AND CERTIFICATION.—

‘‘(i) IN GENERAL.—Any selected entity shall collaborate to develop procedures and requirements for the

accreditation and certification processes under this

subsection, in accordance with the program established

under this subsection and guidelines developed under

paragraph (2)(A)(ii).

‘‘(ii) CONTENTS AND USE.—The procedures and

requirements developed under clause (i) shall—

‘‘(I) ensure reasonable uniformity in any

accreditation and certification processes if there

is more than one selected entity; and

‘‘(II) be used by any selected entity in conducting accreditations and overseeing the certification process under this subsection.

‘‘(iii) DISAGREEMENT.—Any disagreement among

selected entities in developing procedures under clause

(i) shall be resolved by the designated officer.

‘‘(C) DESIGNATION.—A selected entity may accredit any

qualified third party to carry out the certification process

under this subsection.

‘‘(D) DISADVANTAGED BUSINESS INVOLVEMENT.—In

accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 369

ensure, to the extent practicable, that the third parties

include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term

‘disadvantaged business concern’ means a small business

that is owned and controlled by socially and economically

disadvantaged individuals, as defined in section 124 of

title 13, United States Code of Federal Regulations.

‘‘(E) TREATMENT OF OTHER CERTIFICATIONS.—At the

request of any entity seeking certification, any selected

entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. If the

selected entity determines that such other certifications

are sufficient to meet the certification requirement or

aspects of the certification requirement under this section,

the selected entity may give credit to the entity seeking

certification, as appropriate, to avoid unnecessarily duplicative certification requirements.

‘‘(F) THIRD PARTIES.—To be accredited under subparagraph (C), a third party shall—

‘‘(i) demonstrate that the third party has the ability

to certify private sector entities in accordance with

the procedures and requirements developed under

subparagraph (B);

‘‘(ii) agree to perform certifications in accordance

with such procedures and requirements;

‘‘(iii) agree not to have any beneficial interest in

or any direct or indirect control over—

‘‘(I) a private sector entity for which that third

party conducts a certification under this subsection; or

‘‘(II) any organization that provides preparedness consulting services to private sector entities;

‘‘(iv) agree not to have any other conflict of interest

with respect to any private sector entity for which

that third party conducts a certification under this

subsection;

‘‘(v) maintain liability insurance coverage at policy

limits in accordance with the requirements developed

under subparagraph (B); and

‘‘(vi) enter into an agreement with the selected

entity accrediting that third party to protect any

proprietary information of a private sector entity

obtained under this subsection.

‘‘(G) MONITORING.—

‘‘(i) IN GENERAL.—The designated officer and any

selected entity shall regularly monitor and inspect the

operations of any third party conducting certifications

under this subsection to ensure that the third party

is complying with the procedures and requirements

established under subparagraph (B) and all other

applicable requirements.

‘‘(ii) REVOCATION.—If the designated officer or any

selected entity determines that a third party is not

meeting the procedures or requirements established

under subparagraph (B), the selected entity shall—

‘‘(I) revoke the accreditation of that third party

to conduct certifications under this subsection; and

121 STAT. 370 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(II) review any certification conducted by that

third party, as necessary and appropriate.

‘‘(4) ANNUAL REVIEW.—

‘‘(A) IN GENERAL.—The designated officer, in consultation with representatives of appropriate organizations that

coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appropriate

representatives of State and local governments, including

emergency management officials, and each private sector

advisory council created under section 102(f)(4), shall

annually review the voluntary accreditation and certification program established under this subsection to ensure

the effectiveness of such program (including the operations

and management of such program by any selected entity

and the selected entity’s inclusion of qualified disadvantaged business concerns under paragraph (3)(D)) and make

improvements and adjustments to the program as necessary and appropriate.

‘‘(B) REVIEW OF STANDARDS.—Each review under

subparagraph (A) shall include an assessment of the voluntary preparedness standard or standards used in the

program under this subsection.

‘‘(5) VOLUNTARY PARTICIPATION.—Certification under this

subsection shall be voluntary for any private sector entity.

‘‘(6) PUBLIC LISTING.—The designated officer shall maintain

and make public a listing of any private sector entity certified

as being in compliance with the program established under

this subsection, if that private sector entity consents to such

listing.

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be

construed as—

‘‘(1) a requirement to replace any preparedness, emergency

response, or business continuity standards, requirements, or

best practices established—

‘‘(A) under any other provision of federal law; or

‘‘(B) by any sector-specific agency, as those agencies

are defined under Homeland Security Presidential Directive–7; or

‘‘(2) exempting any private sector entity seeking certification or meeting certification requirements under subsection

(b) from compliance with all applicable statutes, regulations,

directives, policies, and industry codes of practice.’’.

(b) REPORT TO CONGRESS.—Not later than 210 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 and the

Committee on Transportation and Infrastructure of the House of

Representatives a report detailing—

(1) any action taken to implement section 524(b) of the

Homeland Security Act of 2002, as added by subsection (a),

including a discussion of—

(A) the separate methods of classification and certification for small business concerns (under the meaning

given that term in section 3 of the Small Business Act

(15 U.S.C. 632)) as compared to other private sector entities; and

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 371

(B) whether the separate classifications and methods

of certification for small business concerns are likely to

help to ensure that such measures are not overly burdensome and are adequate to meet the voluntary preparedness

standard or standards adopted by the program under section 524(b) of the Homeland Security Act of 2002, as added

by subsection (a); and

(2) the status, as of the date of that report, of the

implementation of that subsection.

(c) DEADLINE FOR DESIGNATION OF OFFICER.—The Secretary

of Homeland Security shall designate the officer as described in

section 524 of the Homeland Security Act of 2002, as added by

subsection (a), by not later than 30 days after the date of the

enactment of this Act.

(d) DEFINITION.—Section 2 of the Homeland Security Act of

2002 (6 U.S.C. 101) is amended by adding at the end the following:

‘‘(18) The term ‘voluntary preparedness standards’ means

a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute’s

National Fire Protection Association Standard on Disaster/

Emergency Management and Business Continuity Programs

(ANSI/NFPA 1600).’’.

(e) CLERICAL AMENDMENTS.—The table of contents in section

1(b) of such Act is further amended by adding at the end the

following:

‘‘Sec. 523. Guidance and recommendations.

‘‘Sec. 524. Voluntary private sector preparedness accreditation and certification

program.’’.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section and the amendments made by this section.

SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF

THE DEPARTMENT.

(a) IN GENERAL.—Section 102(f) of the Homeland Security Act

of 2002 (6 U.S.C. 112(f)) is amended—

(1) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and

(2) by inserting after paragraph (7) the following:

‘‘(8) providing information to the private sector regarding

voluntary preparedness standards and the business justification

for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;’’.

(b) PRIVATE SECTOR ADVISORY COUNCILS.—Section 102(f)(4) of

the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended—

(1) in subparagraph (A), by striking ‘‘and’’ at the end;

(2) in subparagraph (B), by inserting ‘‘and’’ after the semicolon at the end; and

(3) by adding at the end the following:

‘‘(C) advise the Secretary on private sector preparedness issues, including effective methods for—

‘‘(i) promoting voluntary preparedness standards

to the private sector; and

‘‘(ii) assisting the private sector in adopting voluntary preparedness standards;’’.

6 USC 321m

note.

121 STAT. 372 PUBLIC LAW 110–53—AUG. 3, 2007

TITLE X—IMPROVING CRITICAL

INFRASTRUCTURE SECURITY

SEC. 1001. NATIONAL ASSET DATABASE.

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security

Act of 2002, as amended by title V, is further amended by adding

at the end the following new section:

‘‘SEC. 210E. NATIONAL ASSET DATABASE.

‘‘(a) ESTABLISHMENT.— ‘‘(1) NATIONAL ASSET DATABASE.—The Secretary shall establish and maintain a national database of each system or asset

that—

‘‘(A) the Secretary, in consultation with appropriate

homeland security officials of the States, determines to

be vital and the loss, interruption, incapacity, or destruction

of which would have a negative or debilitating effect on

the economic security, public health, or safety of the United

States, any State, or any local government; or

‘‘(B) the Secretary determines is appropriate for inclusion in the database.

‘‘(2) PRIORITIZED CRITICAL INFRASTRUCTURE LIST.—In

accordance with Homeland Security Presidential Directive–7,

as in effect on January 1, 2007, the Secretary shall establish

and maintain a single classified prioritized list of systems and

assets included in the database under paragraph (1) that the

Secretary determines would, if destroyed or disrupted, cause

national or regional catastrophic effects.

‘‘(b) USE OF DATABASE.—The Secretary shall use the database

established under subsection (a)(1) in the development and

implementation of Department plans and programs as appropriate.

‘‘(c) MAINTENANCE OF DATABASE.—

‘‘(1) IN GENERAL.—The Secretary shall maintain and

annually update the database established under subsection

(a)(1) and the list established under subsection (a)(2),

including—

‘‘(A) establishing data collection guidelines and providing such guidelines to the appropriate homeland security

official of each State;

‘‘(B) regularly reviewing the guidelines established

under subparagraph (A), including by consulting with the

appropriate homeland security officials of States, to solicit

feedback about the guidelines, as appropriate;

‘‘(C) after providing the homeland security official of

a State with the guidelines under subparagraph (A),

allowing the official a reasonable amount of time to submit

to the Secretary any data submissions recommended by

the official for inclusion in the database established under

subsection (a)(1);

‘‘(D) examining the contents and identifying any

submissions made by such an official that are described

incorrectly or that do not meet the guidelines established

under subparagraph (A); and

‘‘(E) providing to the appropriate homeland security

official of each relevant State a list of submissions identified

under subparagraph (D) for review and possible correction

6 USC 124l.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 373

before the Secretary finalizes the decision of which submissions will be included in the database established under

subsection (a)(1).

‘‘(2) ORGANIZATION OF INFORMATION IN DATABASE.—The

Secretary shall organize the contents of the database established under subsection (a)(1) and the list established under

subsection (a)(2) as the Secretary determines is appropriate.

Any organizational structure of such contents shall include

the categorization of the contents—

‘‘(A) according to the sectors listed in National Infrastructure Protection Plan developed pursuant to Homeland

Security Presidential Directive–7; and

‘‘(B) by the State and county of their location.

‘‘(3) PRIVATE SECTOR INTEGRATION.—The Secretary shall

identify and evaluate methods, including the Department’s Protected Critical Infrastructure Information Program, to acquire

relevant private sector information for the purpose of using

that information to generate any database or list, including

the database established under subsection (a)(1) and the list

established under subsection (a)(2).

‘‘(4) RETENTION OF CLASSIFICATION.—The classification of

information required to be provided to Congress, the Department, or any other department or agency under this section

by a sector-specific agency, including the assignment of a level

of classification of such information, shall be binding on Congress, the Department, and that other Federal agency.

‘‘(d) REPORTS.—

‘‘(1) REPORT REQUIRED.—Not later than 180 days after the

date of the enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, and annually 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 report on the database established under subsection (a)(1)

and the list established under subsection (a)(2).

‘‘(2) CONTENTS OF REPORT.—Each such report shall include

the following:

‘‘(A) The name, location, and sector classification of

each of the systems and assets on the list established

under subsection (a)(2).

‘‘(B) The name, location, and sector classification of

each of the systems and assets on such list that are determined by the Secretary to be most at risk to terrorism.

‘‘(C) Any significant challenges in compiling the list

of the systems and assets included on such list or in the

database established under subsection (a)(1).

‘‘(D) Any significant changes from the preceding report

in the systems and assets included on such list or in

such database.

‘‘(E) If appropriate, the extent to which such database

and such list have been used, individually or jointly, for

allocating funds by the Federal Government to prevent,

reduce, mitigate, or respond to acts of terrorism.

‘‘(F) The amount of coordination between the Department and the private sector, through any entity of the

Department that meets with representatives of private

sector industries for purposes of such coordination, for the

121 STAT. 374 PUBLIC LAW 110–53—AUG. 3, 2007

purpose of ensuring the accuracy of such database and

such list.

‘‘(G) Any other information the Secretary deems relevant.

‘‘(3) CLASSIFIED INFORMATION.—The report shall be submitted in unclassified form but may contain a classified annex.

‘‘(e) INSPECTOR GENERAL STUDY.—By not later than two years

after the date of enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, the Inspector General of

the Department shall conduct a study of the implementation of

this section.

‘‘(f) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The

Secretary may establish a consortium to be known as the ‘National

Infrastructure Protection Consortium’. The Consortium may advise

the Secretary on the best way to identify, generate, organize, and

maintain any database or list of systems and assets established

by the Secretary, including the database established under subsection (a)(1) and the list established under subsection (a)(2). If

the Secretary establishes the National Infrastructure Protection

Consortium, the Consortium may—

‘‘(1) be composed of national laboratories, Federal agencies,

State and local homeland security organizations, academic

institutions, or national Centers of Excellence that have demonstrated experience working with and identifying critical infrastructure and key resources; and

‘‘(2) provide input to the Secretary on any request pertaining to the contents of such database or such list.’’.

(b) DEADLINES FOR IMPLEMENTATION AND NOTIFICATION OF

CONGRESS.—Not later than 180 days after the date of the enactment

of this Act, the Secretary of Homeland Security shall submit the

first report required under section 210E(d) of the Homeland Security

Act of 2002, as added by subsection (a).

(c) CLERICAL AMENDMENT.—The table of contents in section

1(b) of such Act is further amended by inserting after the item

relating to section 210D the following:

‘‘Sec. 210E. National Asset Database.’’.

SEC. 1002. RISK ASSESSMENTS AND REPORT.

(a) RISK ASSESSMENTS.—Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further amended by adding

at the end the following new paragraph:

‘‘(25) To prepare and submit to the Committee on Homeland

Security and Governmental Affairs of the Senate and the Committee on Homeland Security in the House of Representatives,

and to other appropriate congressional committees having jurisdiction over the critical infrastructure or key resources, for

each sector identified in the National Infrastructure Protection

Plan, a report on the comprehensive assessments carried out

by the Secretary of the critical infrastructure and key resources

of the United States, evaluating threat, vulnerability, and consequence, as required under this subsection. Each such report—

‘‘(A) shall contain, if applicable, actions or countermeasures recommended or taken by the Secretary or the

head of another Federal agency to address issues identified

in the assessments;

‘‘(B) shall be required for fiscal year 2007 and each

subsequent fiscal year and shall be submitted not later

6 USC 124l note.

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 375

than 35 days after the last day of the fiscal year covered

by the report; and

‘‘(C) may be classified.’’.

(b) REPORT ON INDUSTRY PREPAREDNESS.—Not later than 6

months after the last day of fiscal year 2007 and each subsequent

fiscal year, the Secretary of Homeland Security, in cooperation

with the Secretary of Commerce, the Secretary of Transportation,

the Secretary of Defense, and the Secretary of Energy, shall submit

to the Committee on Banking, Housing, and Urban Affairs and

the Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Financial Services and the

Committee on Homeland Security of the House of Representatives

a report that details the actions taken by the Federal Government

to ensure, in accordance with subsections (a) and (c) of section

101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071),

the preparedness of industry to reduce interruption of critical infrastructure and key resource operations during an act of terrorism,

natural catastrophe, or other similar national emergency.

SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF

LEVEES IN THE NATIONAL INFRASTRUCTURE PROTECTION PLAN.

It is the sense of Congress that the Secretary should ensure

that levees are included in one of the critical infrastructure and

key resources sectors identified in the National Infrastructure

Protection Plan.

TITLE XI—ENHANCED DEFENSES

AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

(a) IN GENERAL.—Title III of the Homeland Security Act of

2002 (6 U.S.C. et seq.) is amended by adding at the end the

following:

‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish, operate,

and maintain a National Biosurveillance Integration Center

(referred to in this section as the ‘NBIC’), which shall be headed

by a Directing Officer, under an office or directorate of the Department that is in existence as of the date of the enactment of this

section.

‘‘(b) PRIMARY MISSION.—The primary mission of the NBIC is

to—

‘‘(1) enhance the capability of the Federal Government to—

‘‘(A) rapidly identify, characterize, localize, and track

a biological event of national concern by integrating and

analyzing data relating to human health, animal, plant,

food, and environmental monitoring systems (both national

and international); and

‘‘(B) disseminate alerts and other information to

Member Agencies and, in coordination with (and where

possible through) Member Agencies, to agencies of State,

local, and tribal governments, as appropriate, to enhance

50 USC app.

2071 note.

121 STAT. 476 PUBLIC LAW 110–53—AUG. 3, 2007

the ability of such agencies to respond to a biological event

of national concern; and

‘‘(2) oversee development and operation of the National

Biosurveillance Integration System.

‘‘(c) REQUIREMENTS.—The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk

to the United States or the infrastructure or key assets of the

United States, including by—

‘‘(1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events

of national concern across human, animal, and plant species;

‘‘(2) seeking private sources of surveillance, both foreign

and domestic, when such sources would enhance coverage of

critical surveillance gaps;

‘‘(3) using an information technology system that uses the

best available statistical and other analytical tools to identify

and characterize biological events of national concern in as

close to real-time as is practicable;

‘‘(4) providing the infrastructure for such integration,

including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data;

‘‘(5) working with Member Agencies to create information

technology systems that use the minimum amount of patient

data necessary and consider patient confidentiality and privacy

issues at all stages of development and apprise the Privacy

Officer of such efforts; and

‘‘(6) alerting Member Agencies and, in coordination with

(and where possible through) Member Agencies, public health

agencies of State, local, and tribal governments regarding any

incident that could develop into a biological event of national

concern.

‘‘(d) RESPONSIBILITIES OF THE DIRECTING OFFICER OF THE

NBIC.—

‘‘(1) IN GENERAL.—The Directing Officer of the NBIC shall—

‘‘(A) on an ongoing basis, monitor the availability and

appropriateness of surveillance systems used by the NBIC

and those systems that could enhance biological situational

awareness or the overall performance of the NBIC;

‘‘(B) on an ongoing basis, review and seek to improve

the statistical and other analytical methods used by the

NBIC;

‘‘(C) receive and consider other relevant homeland security information, as appropriate; and

‘‘(D) provide technical assistance, as appropriate, to

all Federal, regional, State, local, and tribal government

entities and private sector entities that contribute data

relevant to the operation of the NBIC.

‘‘(2) ASSESSMENTS.—The Directing Officer of the NBIC

shall—

‘‘(A) on an ongoing basis, evaluate available data for

evidence of a biological event of national concern; and

‘‘(B) integrate homeland security information with

NBIC data to provide overall situational awareness and

determine whether a biological event of national concern

has occurred.

‘‘(3) INFORMATION SHARING.—

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 477

‘‘(A) IN GENERAL.—The Directing Officer of the NBIC

shall—

‘‘(i) establish a method of real-time communication

with the National Operations Center;

‘‘(ii) in the event that a biological event of national

concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that

biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and

tribal governmental response entities in a timely

manner;

‘‘(iii) provide any report on NBIC assessments to

Member Agencies and, in coordination with relevant

Member Agencies, any affected regional, State, local,

or tribal government, and any private sector entity

considered appropriate that may enhance the mission

of such Member Agencies, governments, or entities

or the ability of the Nation to respond to biological

events of national concern; and

‘‘(iv) share NBIC incident or situational awareness

reports, and other relevant information, consistent with

the information sharing environment established under

section 1016 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (6 U.S.C. 485) and any policies,

guidelines, procedures, instructions, or standards

established under that section.

‘‘(B) CONSULTATION.—The Directing Officer of the

NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section

1016 of the Intelligence Reform and Terrorism Prevention

Act of 2004 (6 U.S.C. 485) and in consultation with the

Director of National Intelligence, the Under Secretary for

Intelligence and Analysis, and other offices or agencies

of the Federal Government, as appropriate.

‘‘(e) RESPONSIBILITIES OF THE NBIC MEMBER AGENCIES.—

‘‘(1) IN GENERAL.—Each Member Agency shall—

‘‘(A) use its best efforts to integrate biosurveillance

information into the NBIC, with the goal of promoting

information sharing between Federal, State, local, and

tribal governments to detect biological events of national

concern;

‘‘(B) provide timely information to assist the NBIC

in maintaining biological situational awareness for accurate

detection and response purposes;

‘‘(C) enable the NBIC to receive and use biosurveillance

information from member agencies to carry out its requirements under subsection (c);

‘‘(D) connect the biosurveillance data systems of that

Member Agency to the NBIC data system under mutually

agreed protocols that are consistent with subsection (c)(5);

‘‘(E) participate in the formation of strategy and policy

for the operation of the NBIC and its information sharing;

‘‘(F) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications

of such personnel necessary to provide human, animal,

121 STAT. 378 PUBLIC LAW 110–53—AUG. 3, 2007

and environmental data analysis and interpretation support to the NBIC; and

‘‘(G) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable.

‘‘(f) ADMINISTRATIVE AUTHORITIES.—

‘‘(1) HIRING OF EXPERTS.—The Directing Officer of the NBIC

shall hire individuals with the necessary expertise to develop

and operate the NBIC.

‘‘(2) DETAIL OF PERSONNEL.—Upon the request of the

Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of

the personnel of that department or agency to the Department

to assist the NBIC in carrying out this section.

‘‘(g) NBIC INTERAGENCY WORKING GROUP.—The Directing

Officer of the NBIC shall—

‘‘(1) establish an interagency working group to facilitate

interagency cooperation and to advise the Directing Officer

of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and

‘‘(2) invite Member Agencies to serve on that working group.

‘‘(h) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.—

The authority of the Directing Officer of the NBIC under this

section shall not affect any authority or responsibility of any other

department or agency of the Federal Government with respect

to biosurveillance activities under any program administered by

that department or agency.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

section.

‘‘(j) DEFINITIONS.—In this section:

‘‘(1) The terms ‘biological agent’ and ‘toxin’ have the

meanings given those terms in section 178 of title 18, United

States Code.

‘‘(2) The term ‘biological event of national concern’ means—

‘‘(A) an act of terrorism involving a biological agent

or toxin; or

‘‘(B) a naturally occurring outbreak of an infectious

disease that may result in a national epidemic.

‘‘(3) The term ‘homeland security information’ has the

meaning given that term in section 892.

‘‘(4) The term ‘Member Agency’ means any Federal department or agency that, at the discretion of the head of that

department or agency, has entered a memorandum of understanding regarding participation in the NBIC.

‘‘(5) The term ‘Privacy Officer’ means the Privacy Officer

appointed under section 222.’’.

(b) CLERICAL 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 315

the following:

‘‘Sec. 316. National Biosurveillance Integration Center.’’.

(c) DEADLINE FOR IMPLEMENTATION.—The National Biosurveillance Integration Center under section 316 of the Homeland Security Act, as added by subsection (a), shall be fully operational

by not later than September 30, 2008.

6 USC 195b note.

Establishment.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 379

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security 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 interim report on the status of the

operations at the National Biosurviellance Integration Center that

addresses the efforts of the Center to integrate the surveillance

efforts of Federal, State, local, and tribal governments. When the

National Biosurveillance Integration Center is fully operational,

the Secretary shall submit to such committees a final report on

the status of such operations.

SEC. 1102. BIOSURVEILLANCE EFFORTS.

The Comptroller General of the United States shall submit

to Congress a report—

(1) describing the state of Federal, State, local, and tribal

government biosurveillance efforts as of the date of such report;

(2) describing any duplication of effort at the Federal, State,

local, or tribal government level to create biosurveillance systems; and

(3) providing the recommendations of the Comptroller General regarding—

(A) the integration of biosurveillance systems;

(B) the effective use of biosurveillance resources; and

(C) the effective use of the expertise of Federal, State,

local, and tribal governments.

SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES

AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF

MASS DESTRUCTION.

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C.

101 et seq.) is amended by inserting after section 1906, as redesignated by section 104, the following:

‘‘SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL

NUCLEAR DETECTION ARCHITECTURE.

‘‘(a) ANNUAL REVIEW.—

‘‘(1) IN GENERAL.—The Secretary, the Attorney General,

the Secretary of State, the Secretary of Defense, the Secretary

of Energy, and the Director of National Intelligence shall jointly

ensure interagency coordination on the development and

implementation of the global nuclear detection architecture by

ensuring that, not less frequently than once each year—

‘‘(A) each relevant agency, office, or entity—

‘‘(i) assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture; and

‘‘(ii) examines and evaluates components of the

global nuclear detection architecture (including associated strategies and acquisition plans) relating to the

operations of that agency, office, or entity, to determine

whether such components incorporate and address current threat assessments, scenarios, or intelligence analyses developed by the Director of National Intelligence

or other agencies regarding threats relating to nuclear

or radiological weapons of mass destruction; and

6 USC 596a.

121 STAT. 380 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(B) each agency, office, or entity deploying or operating

any nuclear or radiological detection technology under the

global nuclear detection architecture—

‘‘(i) evaluates the deployment and operation of

nuclear or radiological detection technologies under the

global nuclear detection architecture by that agency,

office, or entity;

‘‘(ii) identifies performance deficiencies and operational or technical deficiencies in nuclear or radiological detection technologies deployed under the global

nuclear detection architecture; and

‘‘(iii) assesses the capacity of that agency, office,

or entity to implement the responsibilities of that

agency, office, or entity under the global nuclear detection architecture.

‘‘(2) TECHNOLOGY.—Not less frequently than once each

year, the Secretary shall examine and evaluate the development, assessment, and acquisition of radiation detection technologies deployed or implemented in support of the domestic

portion of the global nuclear detection architecture.

‘‘(b) ANNUAL REPORT ON JOINT INTERAGENCY REVIEW.—

‘‘(1) IN GENERAL.—Not later than March 31 of each year,

the Secretary, the Attorney General, the Secretary of State,

the Secretary of Defense, the Secretary of Energy, and the

Director of National Intelligence, shall jointly submit a report

regarding the implementation of this section and the results

of the reviews required under subsection (a) to—

‘‘(A) the President;

‘‘(B) the Committee on Appropriations, the Committee

on Armed Services, the Select Committee on Intelligence,

and the Committee on Homeland Security and Governmental Affairs of the Senate; and

‘‘(C) the Committee on Appropriations, the Committee

on Armed Services, the Permanent Select Committee on

Intelligence, the Committee on Homeland Security, and

the Committee on Science and Technology of the House

of Representatives.

‘‘(2) FORM.—The annual report submitted under paragraph

(1) shall be submitted in unclassified form to the maximum

extent practicable, but may include a classified annex.

‘‘(c) DEFINITION.—In this section, the term ‘global nuclear detection architecture’ means the global nuclear detection architecture

developed under section 1902.’’.

(b) CLERICAL AMENDMENT.—The table of contents in section

1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)

is amended by inserting after the item relating to section 1906,

as added by section 104, the following:

‘‘Sec. 1907. Joint annual interagency review of global nuclear detection architecture.’’.

SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.

(a) RESPONSIBILITY OF SECRETARY.—The Secretary of Homeland

Security shall have responsibility for ensuring that domestic chemical, biological, radiological, and nuclear detection equipment and

technologies are integrated, as appropriate, with other border security systems and detection technologies.

6 USC 921a.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 381

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall submit a report to Congress

that contains a plan to develop a departmental technology assessment process to determine and certify the technology readiness

levels of chemical, biological, radiological, and nuclear detection

technologies before the full deployment of such technologies within

the United States.

TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION

SHARING

SEC. 1201. DEFINITIONS.

For purposes of this title, the following terms apply:

(1) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Homeland Security.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Homeland Security.

SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.

(a) IN GENERAL.—Section 114(t)(1)(B) of title 49, United States

Code, is amended to read as follows:

‘‘(B) transportation modal security plans addressing

security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime,

pipeline, public transportation, over-the-road bus, and other

transportation infrastructure assets.’’.

(b) CONTENTS OF THE NATIONAL STRATEGY FOR TRANSPOR- TATION SECURITY.—Section 114(t)(3) of such title is amended—

(1) in subparagraph (B), by inserting ‘‘, based on risk

assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the

Implementing Recommendations of the 9/11 Commission Act

of 2007’’ after ‘‘risk based priorities’’;

(2) in subparagraph (D)—

(A) by striking ‘‘and local’’ and inserting ‘‘local, and

tribal’’; and

(B) by striking ‘‘private sector cooperation and participation’’ and inserting ‘‘cooperation and participation by private sector entities, including nonprofit employee labor

organizations,’’;

(3) in subparagraph (E)—

(A) by striking ‘‘response’’ and inserting ‘‘prevention,

response,’’; and

(B) by inserting ‘‘and threatened and executed acts

of terrorism outside the United States to the extent such

acts affect United States transportation systems’’ before

the period at the end;

(4) in subparagraph (F), by adding at the end the following:

‘‘Transportation security research and development projects

shall be based, to the extent practicable, on such prioritization.

Nothing in the preceding sentence shall be construed to require

the termination of any research or development project initiated

by the Secretary of Homeland Security or the Secretary of

6 USC 1101.

121 STAT. 382 PUBLIC LAW 110–53—AUG. 3, 2007

Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of

2007.’’; and

(5) by adding at the end the following:

‘‘(G) A 3- and 10-year budget for Federal transportation

security programs that will achieve the priorities of the

National Strategy for Transportation Security.

‘‘(H) Methods for linking the individual transportation

modal security plans and the programs contained therein,

and a plan for addressing the security needs of intermodal

transportation.

‘‘(I) Transportation modal security plans described in

paragraph (1)(B), including operational recovery plans to

expedite, to the maximum extent practicable, the return

to operation of an adversely affected transportation system

following a major terrorist attack on that system or other

incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the

SAFE Port Act (6 U.S.C. 942) and the National Maritime

Transportation Security Plan required under section

70103(a) of title 46.’’.

(c) PERIODIC PROGRESS REPORTS.—Section 114(t)(4) of such title

is amended—

(1) in subparagraph (C)—

(A) in clause (i) by inserting ‘‘, including the transportation modal security plans’’ before the period at the end;

and

(B) by striking clause (ii) and inserting the following:

‘‘(ii) CONTENT.—Each progress report submitted

under this subparagraph shall include, at a minimum,

the following:

‘‘(I) Recommendations for improving and

implementing the National Strategy for Transportation Security and the transportation modal and

intermodal security plans that the Secretary of

Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.

‘‘(II) An accounting of all grants for transportation security, including grants and contracts for

research and development, awarded by the Secretary of Homeland Security in the most recent

fiscal year and a description of how such grants

accomplished the goals of the National Strategy

for Transportation Security.

‘‘(III) An accounting of all—

‘‘(aa) funds requested in the President’s

budget submitted pursuant to section 1105 of

title 31 for the most recent fiscal year for

transportation security, by mode;

‘‘(bb) personnel working on transportation

security by mode, including the number of contractors; and

‘‘(cc) information on the turnover in the

previous year among senior staff of the

Department of Homeland Security, including

component agencies, working on transportation security issues. Such information shall

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 383

include the number of employees who have

permanently left the office, agency, or area

in which they worked, and the amount of time

that they worked for the Department.

‘‘(iii) WRITTEN EXPLANATION OF TRANSPORTATION

SECURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL

STRATEGY FOR TRANSPORTATION SECURITY.—At the end

of each fiscal year, the Secretary of Homeland Security

shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the

National Strategy for Transportation Security,

including the amount of funds to be expended for the

activity and the number of personnel involved.’’; and

(2) by striking subparagraph (E) and inserting the following:

‘‘(E) APPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED.—In this subsection, the term ‘appropriate

congressional committees’ means the Committee on

Transportation and Infrastructure and the Committee on

Homeland Security of the House of Representatives and

the Committee on Commerce, Science, and Transportation,

the Committee on Homeland Security and Governmental

Affairs, and the Committee on Banking, Housing, and

Urban Affairs of the Senate.’’.

(d) PRIORITY STATUS.—Section 114(t)(5)(B) of such title is

amended—

(1) in clause (iii), by striking ‘‘and’’ at the end;

(2) by redesignating clause (iv) as clause (v); and

(3) by inserting after clause (iii) the following:

‘‘(iv) the transportation sector specific plan

required under Homeland Security Presidential Directive–7; and’’.

(e) COORDINATION AND PLAN DISTRIBUTION.—Section 114(t) of

such title is amended by adding at the end the following:

‘‘(6) COORDINATION.—In carrying out the responsibilities

under this section, the Secretary of Homeland Security, in

coordination with the Secretary of Transportation, shall consult,

as appropriate, with Federal, State, and local agencies, tribal

governments, private sector entities (including nonprofit

employee labor organizations), institutions of higher learning,

and other entities.

‘‘(7) PLAN DISTRIBUTION.—The Secretary of Homeland Security shall make available and appropriately publicize an

unclassified version of the National Strategy for Transportation

Security, including its component transportation modal security

plans, to Federal, State, regional, local and tribal authorities,

transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher

learning, and other appropriate entities.’’.

SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.

(a) IN GENERAL.—Section 114 of title 49, United States Code,

is amended by adding at the end the following:

‘‘(u) TRANSPORTATION SECURITY INFORMATION SHARING PLAN.—

‘‘(1) DEFINITIONS.—In this subsection:

121 STAT. 384 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The

term ‘appropriate congressional committees’ has the

meaning given that term in subsection (t).

‘‘(B) PLAN.—The term ‘Plan’ means the Transportation

Security Information Sharing Plan established under paragraph (2).

‘‘(C) PUBLIC AND PRIVATE STAKEHOLDERS.—The term

‘public and private stakeholders’ means Federal, State, and

local agencies, tribal governments, and appropriate private

entities, including nonprofit employee labor organizations

representing transportation employees.

‘‘(D) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security.

‘‘(E) TRANSPORTATION SECURITY INFORMATION.—The

term ‘transportation security information’ means information relating to the risks to transportation modes, including

aviation, public transportation, railroad, ferry, highway,

maritime, pipeline, and over-the-road bus transportation,

and may include specific and general intelligence products,

as appropriate.

‘‘(2) ESTABLISHMENT OF PLAN.—The Secretary of Homeland

Security, in consultation with the program manager of the

information sharing environment established under section

1016 of the Intelligence Reform and Terrorism Prevention Act

of 2004 (6 U.S.C. 485), the Secretary of Transportation, and

public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the

Plan, the Secretary shall gather input on the development

of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).

‘‘(3) PURPOSE OF PLAN.—The Plan shall promote sharing

of transportation security information between the Department

of Homeland Security and public and private stakeholders.

‘‘(4) CONTENT OF PLAN.—The Plan shall include—

‘‘(A) a description of how intelligence analysts within

the Department of Homeland Security will coordinate their

activities within the Department and with other Federal,

State, and local agencies, and tribal governments, including

coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of

2007;

‘‘(B) the establishment of a point of contact, which

may be a single point of contact within the Department

of Homeland Security, for each mode of transportation for

the sharing of transportation security information with

public and private stakeholders, including an explanation

and justification to the appropriate congressional committees if the point of contact established pursuant to this

subparagraph differs from the agency within the Department that has the primary authority, or has been delegated

such authority by the Secretary, to regulate the security

of that transportation mode;

‘‘(C) a reasonable deadline by which the Plan will be

implemented; and

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 385

‘‘(D) a description of resource needs for fulfilling the

Plan.

‘‘(5) COORDINATION WITH INFORMATION SHARING .—The Plan

shall be—

‘‘(A) implemented in coordination, as appropriate, with

the program manager for the information sharing environment established under section 1016 of the Intelligence

Reform and Terrorism Prevention Act of 2004 (6 U.S.C.

485); and

‘‘(B) consistent with the establishment of the information sharing environment and any policies, guidelines,

procedures, instructions, or standards established by the

President or the program manager for the implementation

and management of the information sharing environment.

‘‘(6) REPORTS TO CONGRESS.— ‘‘(A) IN GENERAL.—Not later than 150 days after the

date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing the Plan.

‘‘(B) ANNUAL REPORT.—Not later than 1 year after the

date of enactment of this subsection, the Secretary shall

submit to the appropriate congressional committees a

report on updates to and the implementation of the Plan.

‘‘(7) SURVEY AND REPORT.—

‘‘(A) IN GENERAL.—The Comptroller General of the

United States shall conduct a biennial survey of the satisfaction of recipients of transportation intelligence reports

disseminated under the Plan.

‘‘(B) INFORMATION SOUGHT.—The survey conducted

under subparagraph (A) shall seek information about the

quality, speed, regularity, and classification of the transportation security information products disseminated by the

Department of Homeland Security to public and private

stakeholders.

‘‘(C) REPORT.—Not later than 1 year after the date

of the enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, and every even numbered year thereafter, the Comptroller General shall submit

to the appropriate congressional committees, a report on

the results of the survey conducted under subparagraph

(A). The Comptroller General shall also provide a copy

of the report to the Secretary.

‘‘(8) SECURITY CLEARANCES.—The Secretary shall, to the

greatest extent practicable, take steps to expedite the security

clearances needed for designated public and private stakeholders to receive and obtain access to classified information

distributed under this section, as appropriate.

‘‘(9) CLASSIFICATION OF MATERIAL.—The Secretary, to the

greatest extent practicable, shall provide designated public and

private stakeholders with transportation security information

in an unclassified format.’’.

(b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE FOR

PUBLIC AND PRIVATE STAKEHOLDERS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary shall provide a semiannual report to the Committee

on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the

Reports.

49 USC 114 note.

121 STAT. 386 PUBLIC LAW 110–53—AUG. 3, 2007

Committee on Banking, Housing, and Urban Affairs of the

Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of

Representatives that includes—

(A) the number of public and private stakeholders who

were provided with each report;

(B) a description of the measures the Secretary has

taken, under section 114(u)(7) of title 49, United States

Code, as added by this section, or otherwise, to ensure

proper treatment and security for any classified information

to be shared with the public and private stakeholders under

the Plan; and

(C) an explanation of the reason for the denial of

transportation security information to any stakeholder who

had previously received such information.

(2) NO REPORT REQUIRED IF NO CHANGES IN STAKEHOLDERS.—The Secretary is not required to provide a semiannual report under paragraph (1) if no stakeholders have

been added to or removed from the group of persons with

whom transportation security information is shared under the

plan since the end of the period covered by the last preceding

semiannual report.

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

(a) IN GENERAL.—The Secretary is authorized to establish,

operate, and maintain a National Domestic Preparedness Consortium within the Department.

(b) MEMBERS.—Members of the National Domestic Preparedness Consortium shall consist of—

(1) the Center for Domestic Preparedness;

(2) the National Energetic Materials Research and Testing

Center, New Mexico Institute of Mining and Technology;

(3) the National Center for Biomedical Research and

Training, Louisiana State University;

(4) the National Emergency Response and Rescue Training

Center, Texas A&M University;

(5) the National Exercise, Test, and Training Center,

Nevada Test Site;

(6) the Transportation Technology Center, Incorporated,

in Pueblo, Colorado; and

(7) the National Disaster Preparedness Training Center,

University of Hawaii.

(c) DUTIES.—The National Domestic Preparedness Consortium

shall identify, develop, test, and deliver training to State, local,

and tribal emergency response providers, provide on-site and mobile

training at the performance and management and planning levels,

and facilitate the delivery of training by the training partners

of the Department.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary—

(1) for the Center for Domestic Preparedness— (A) $57,000,000 for fiscal year 2008;

(B) $60,000,000 for fiscal year 2009;

(C) $63,000,000 for fiscal year 2010; and

(D) $66,000,000 for fiscal year 2011; and

(2) for the National Energetic Materials Research and

Testing Center, the National Center for Biomedical Research

Establishment.

6 USC 1102.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 387

and Training, the National Emergency Response and Rescue

Training Center, the National Exercise, Test, and Training

Center, the Transportation Technology Center, Incorporated,

and the National Disaster Preparedness Training Center each—

(A) $22,000,000 for fiscal year 2008;

(B) $23,000,000 for fiscal year 2009;

(C) $24,000,000 for fiscal year 2010; and

(D) $25,500,000 for fiscal year 2011.

(e) SAVINGS PROVISION.—From the amounts appropriated

pursuant to this section, the Secretary shall ensure that future

amounts provided to each of the following entities are not less

than the amounts provided to each such entity for participation

in the Consortium in fiscal year 2007—

(1) the Center for Domestic Preparedness;

(2) the National Energetic Materials Research and Testing

Center, New Mexico Institute of Mining and Technology;

(3) the National Center for Biomedical Research and

Training, Louisiana State University;

(4) the National Emergency Response and Rescue Training

Center, Texas A&M University; and

(5) the National Exercise, Test, and Training Center,

Nevada Test Site.

SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.

(a) ESTABLISHMENT.—The Secretary shall establish a National

Transportation Security Center of Excellence to conduct research

and education activities, and to develop or provide professional

security training, including the training of transportation employees

and transportation professionals.

(b) DESIGNATION.—The Secretary shall select one of the institutions identified in subsection (c) as the lead institution responsible

for coordinating the National Transportation Security Center of

Excellence.

(c) MEMBER INSTITUTIONS.—

(1) CONSORTIUM.—The institution of higher education

selected under subsection (b) shall execute agreements with

the other institutions of higher education identified in this

subsection and other institutions designated by the Secretary

to develop a consortium to assist in accomplishing the goals

of the Center.

(2) MEMBERS.—The National Transportation Security

Center of Excellence shall consist of—

(A) Texas Southern University in Houston, Texas;

(B) the National Transit Institute at Rutgers, The State

University of New Jersey;

(C) Tougaloo College;

(D) the Connecticut Transportation Institute at the

University of Connecticut;

(E) the Homeland Security Management Institute,

Long Island University;

(F) the Mack-Blackwell National Rural Transportation

Study Center at the University of Arkansas; and

(G) any additional institutions or facilities designated

by the Secretary.

6 USC 1103.

121 STAT. 388 PUBLIC LAW 110–53—AUG. 3, 2007

(3) CERTAIN INCLUSIONS.—To the extent practicable, the

Secretary shall ensure that an appropriate number of any additional consortium colleges or universities designated by the

Secretary under this subsection are Historically Black Colleges

and Universities, Hispanic Serving Institutions, and Indian

Tribally Controlled Colleges and Universities.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section— (1) $18,000,000 for fiscal year 2008;

(2) $18,000,000 for fiscal year 2009;

(3) $18,000,000 for fiscal year 2010; and

(4) $18,000,000 for fiscal year 2011.

SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST

ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE.

(a) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY

OR SUSPICIOUS BEHAVIOR.—

(1) IN GENERAL.—Any person who, in good faith and based

on objectively reasonable suspicion, makes, or causes to be

made, a voluntary report of covered activity to an authorized

official shall be immune from civil liability under Federal, State,

and local law for such report.

(2) FALSE REPORTS.—Paragraph (1) shall not apply to any

report that the person knew to be false or was made with

reckless disregard for the truth at the time that person made

that report.

(b) IMMUNITY FOR RESPONSE.—

(1) IN GENERAL.—Any authorized official who observes, or

receives a report of, covered activity and takes reasonable action

in good faith to respond to such activity shall have qualified

immunity from civil liability for such action, consistent with

applicable law in the relevant jurisdiction. An authorized official

as defined by subsection (d)(1)(A) not entitled to assert the

defense of qualified immunity shall nevertheless be immune

from civil liability under Federal, State, and local law if such

authorized official takes reasonable action, in good faith, to

respond to the reported activity.

(2) SAVINGS CLAUSE.—Nothing in this subsection shall

affect the ability of any authorized official to assert any defense,

privilege, or immunity that would otherwise be available, and

this subsection shall not be construed as affecting any such

defense, privilege, or immunity.

(c) ATTORNEY FEES AND COSTS.—Any person or authorized official found to be immune from civil liability under this section

shall be entitled to recover from the plaintiff all reasonable costs

and attorney fees.

(d) DEFINITIONS.—In this section:

(1) AUTHORIZED OFFICIAL.—The term ‘‘authorized official’’

means—

(A) any employee or agent of a passenger transportation system or other person with responsibilities relating

to the security of such systems;

(B) any officer, employee, or agent of the Department

of Homeland Security, the Department of Transportation,

or the Department of Justice with responsibilities relating

to the security of passenger transportation systems; or

(C) any Federal, State, or local law enforcement officer.

6 USC 1104.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 389

(2) COVERED ACTIVITY.—The term ‘‘covered activity’’ means

any suspicious transaction, activity, or occurrence that involves,

or is directed against, a passenger transportation system or

vehicle or its passengers indicating that an individual may

be engaging, or preparing to engage, in a violation of law

relating to—

(A) a threat to a passenger transportation system or

passenger safety or security; or

(B) an act of terrorism (as that term is defined in

section 3077 of title 18, United States Code).

(3) PASSENGER TRANSPORTATION.—The term ‘‘passenger

transportation’’ means—

(A) public transportation, as defined in section 5302

of title 49, United States Code;

(B) over-the-road bus transportation, as defined in title

XV of this Act, and school bus transportation;

(C) intercity passenger rail transportation as defined

in section 24102 of title 49, United States Code;

(D) the transportation of passengers onboard a passenger vessel as defined in section 2101 of title 46, United

States Code;

(E) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross

tons; and

(F) air transportation, as defined in section 40102 of

title 49, United States Code, of passengers.

(4) PASSENGER TRANSPORTATION SYSTEM.—The term ‘‘passenger transportation system’’ means an entity or entities organized to provide passenger transportation using vehicles,

including the infrastructure used to provide such transportation.

(5) VEHICLE.—The term ‘‘vehicle’’ has the meaning given

to that term in section 1992(16) of title 18, United States

Code.

(e) EFFECTIVE DATE.—This section shall take effect on October

1, 2006, and shall apply to all activities and claims occurring

on or after such date.

TITLE XIII—TRANSPORTATION

SECURITY ENHANCEMENTS

SEC. 1301. DEFINITIONS.

For purposes of this title, the following terms apply:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Commerce, Science, and Transportation, the Committee on

Banking, Housing, and Urban Affairs, and the Committee on

Homeland Security and Governmental Affairs of the Senate

and the Committee on Homeland Security and the Committee

on Transportation and Infrastructure of the House of Representatives.

(2) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Homeland Security.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Homeland Security.

6 USC 1111.

121 STAT. 390 PUBLIC LAW 110–53—AUG. 3, 2007

(4) STATE.—The term ‘‘State’’ means any one of the 50

States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, the Virgin Islands, Guam, American Samoa,

and any other territory or possession of the United States.

(5) TERRORISM.—The term ‘‘terrorism’’ has the meaning

that term has in section 2 of the Homeland Security Act of

2002 (6 U.S.C. 101).

(6) UNITED STATES.—The term ‘‘United States’’ means the

50 States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, the Virgin Islands, Guam, American Samoa,

and any other territory or possession of the United States.

SEC. 1302. ENFORCEMENT AUTHORITY.

(a) IN GENERAL.—Section 114 of title 49, United States Code,

as amended by section 1203 of this Act, is further amended by

adding at the end the following:

‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SECRETARY OF HOMELAND SECURITY.—

‘‘(1) APPLICATION OF SUBSECTION.—

‘‘(A) IN GENERAL.—This subsection applies to the

enforcement of regulations prescribed, and orders issued,

by the Secretary of Homeland Security under a provision

of chapter 701 of title 46 and under a provision of this

title other than a provision of chapter 449 (in this subsection referred to as an ‘applicable provision of this title’).

‘‘(B) VIOLATIONS OF CHAPTER 449.—The penalties for

violations of regulations prescribed and orders issued by

the Secretary of Homeland Security under chapter 449

of this title are provided under chapter 463 of this title.

‘‘(C) NONAPPLICATION TO CERTAIN VIOLATIONS.—

‘‘(i) Paragraphs (2) through (5) do not apply to

violations of regulations prescribed, and orders issued,

by the Secretary of Homeland Security under a provision of this title—

‘‘(I) involving the transportation of personnel

or shipments of materials by contractors where

the Department of Defense has assumed control

and responsibility;

‘‘(II) by a member of the armed forces of the

United States when performing official duties; or

‘‘(III) by a civilian employee of the Department

of Defense when performing official duties.

‘‘(ii) Violations described in subclause (I), (II), or

(III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary’s

designee.

‘‘(2) CIVIL PENALTY.—

‘‘(A) IN GENERAL.—A person is liable to the United

States Government for a civil penalty of not more than

$10,000 for a violation of a regulation prescribed, or order

issued, by the Secretary of Homeland Security under an

applicable provision of this title.

‘‘(B) REPEAT VIOLATIONS.—A separate violation occurs

under this paragraph for each day the violation continues.

‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— ‘‘(A) IN GENERAL.—The Secretary of Homeland Security

may impose a civil penalty for a violation of a regulation

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 391

prescribed, or order issued, under an applicable provision

of this title. The Secretary shall give written notice of

the finding of a violation and the penalty.

‘‘(B) SCOPE OF CIVIL ACTION.—In a civil action to collect

a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or

the amount of the penalty.

‘‘(C) JURISDICTION.—The district courts of the United

States shall have exclusive jurisdiction of civil actions to

collect a civil penalty imposed by the Secretary under this

subsection if—

‘‘(i) the amount in controversy is more than— ‘‘(I) $400,000, if the violation was committed

by a person other than an individual or small

business concern; or

‘‘(II) $50,000 if the violation was committed

by an individual or small business concern;

‘‘(ii) the action is in rem or another action in rem

based on the same violation has been brought; or

‘‘(iii) another action has been brought for an injunction based on the same violation.

‘‘(D) MAXIMUM PENALTY.—The maximum civil penalty

the Secretary administratively may impose under this paragraph is—

‘‘(i) $400,000, if the violation was committed by

a person other than an individual or small business

concern; or

‘‘(ii) $50,000, if the violation was committed by

an individual or small business concern.

‘‘(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.—

Before imposing a penalty under this section the Secretary

shall provide to the person against whom the penalty is

to be imposed—

‘‘(i) written notice of the proposed penalty; and

‘‘(ii) the opportunity to request a hearing on the

proposed penalty, if the Secretary receives the request

not later than 30 days after the date on which the

person receives notice.

‘‘(4) COMPROMISE AND SETOFF.—

‘‘(A) The Secretary may compromise the amount of

a civil penalty imposed under this subsection.

‘‘(B) The Government may deduct the amount of a

civil penalty imposed or compromised under this subsection

from amounts it owes the person liable for the penalty.

‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall

apply to investigations and proceedings brought under this

subsection to the same extent that it applies to investigations

and proceedings brought with respect to aviation security duties

designated to be carried out by the Secretary.

‘‘(6) DEFINITIONS.—In this subsection:

‘‘(A) PERSON.—The term ‘person’ does not include—

‘‘(i) the United States Postal Service; or

‘‘(ii) the Department of Defense.

‘‘(B) SMALL BUSINESS CONCERN.—The term ‘small business concern’ has the meaning given that term in section

3 of the Small Business Act (15 U.S.C. 632).

‘‘(7) ENFORCEMENT TRANSPARENCY.—

Applicability.

Deadline.

Notification.

121 STAT. 392 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(A) IN GENERAL.—Not later than December 31, 2008,

and annually thereafter, the Secretary shall—

‘‘(i) provide an annual summary to the public of

all enforcement actions taken by the Secretary under

this subsection; and

‘‘(ii) include in each such summary the docket

number of each enforcement action, the type of alleged

violation, the penalty or penalties proposed, and the

final assessment amount of each penalty.

‘‘(B) ELECTRONIC AVAILABILITY.—Each summary under

this paragraph shall be made available to the public by

electronic means.

‘‘(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION

ACT AND THE PRIVACY ACT.—Nothing in this subsection

shall be construed to require disclosure of information or

records that are exempt from disclosure under sections

552 or 552a of title 5.

‘‘(D) ENFORCEMENT GUIDANCE.—Not later than 180

days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the

Secretary shall provide a report to the public describing

the enforcement process established under this subsection.’’.

(b) CONFORMING AMENDMENT.—Section 46301(a)(4) of title 49,

United States Code, is amended by striking ‘‘or another requirement

under this title administered by the Under Secretary of Transportation for Security’’.

SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION

AND RESPONSE TEAMS.

(a) IN GENERAL.—The Secretary, acting through the Administrator of the Transportation Security Administration, may develop

Visible Intermodal Prevention and Response (referred to in this

section as ‘‘VIPR’’) teams to augment the security of any mode

of transportation at any location within the United States. In

forming a VIPR team, the Secretary—

(1) may use any asset of the Department, including Federal

air marshals, surface transportation security inspectors, canine

detection teams, and advanced screening technology;

(2) may determine when a VIPR team shall be deployed,

as well as the duration of the deployment;

(3) shall, prior to and during the deployment, consult with

local security and law enforcement officials in the jurisdiction

where the VIPR team is or will be deployed, to develop and

agree upon the appropriate operational protocols and provide

relevant information about the mission of the VIPR team, as

appropriate; and

(4) shall, prior to and during the deployment, consult with

all transportation entities directly affected by the deployment

of a VIPR team, as appropriate, including railroad carriers,

air carriers, airport owners, over-the-road bus operators and

terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, port operators

and facility owners, vessel owners and operators and pipeline

operators.

6 USC 1112.

Deadline.

Reports.

Public

information.

Public

information.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 393

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary to carry out this section such

sums as necessary for fiscal years 2007 through 2011.

SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.

(a) IN GENERAL.—The Secretary, acting through the Administrator of the Transportation Security Administration, is authorized

to train, employ, and utilize surface transportation security inspectors.

(b) MISSION.—The Secretary shall use surface transportation

security inspectors to assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against

terrorist attack and other security threats and to assist the Secretary in enforcing applicable surface transportation security regulations and directives.

(c) AUTHORITIES.—Surface transportation security inspectors

employed pursuant to this section shall be authorized such powers

and delegated such responsibilities as the Secretary determines

appropriate, subject to subsection (e).

(d) REQUIREMENTS.—The Secretary shall require that surface

transportation security inspectors have relevant transportation

experience and other security and inspection qualifications, as determined appropriate.

(e) LIMITATIONS.—

(1) INSPECTORS.—Surface transportation inspectors shall

be prohibited from issuing fines to public transportation agencies, as defined in title XIV, for violations of the Department’s

regulations or orders except through the process described in

paragraph (2).

(2) CIVIL PENALTIES.—The Secretary shall be prohibited

from assessing civil penalties against public transportation

agencies, as defined in title XIV, for violations of the Department’s regulations or orders, except in accordance with the

following:

(A) In the case of a public transportation agency that

is found to be in violation of a regulation or order issued

by the Secretary, the Secretary shall seek correction of

the violation through a written notice to the public

transportation agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary.

(B) If the public transportation agency does not correct

the violation or propose an alternative means of compliance

acceptable to the Secretary within a reasonable time period

that is specified in the written notice, the Secretary may

take any action authorized in section 114 of title 49, United

States Code, as amended by this Act.

(3) LIMITATION ON SECRETARY.—The Secretary shall not

initiate civil enforcement actions for violations of administrative

and procedural requirements pertaining to the application for,

and expenditure of, funds awarded under transportation security grant programs under this Act.

(f) NUMBER OF INSPECTORS.—The Secretary shall employ up

to a total of—

(1) 100 surface transportation security inspectors in fiscal

year 2007;

Notification.

6 USC 1113.

121 STAT. 394 PUBLIC LAW 110–53—AUG. 3, 2007

(2) 150 surface transportation security inspectors in fiscal

year 2008;

(3) 175 surface transportation security inspectors in fiscal

year 2009; and

(4) 200 surface transportation security inspectors in fiscal

years 2010 and 2011.

(g) COORDINATION.—The Secretary shall ensure that the mission of the surface transportation security inspectors is consistent

with any relevant risk assessments required by this Act or completed by the Department, the modal plans required under section

114(t) of title 49, United States Code, the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated September 28, 2004,

and any and all subsequent annexes to this Memorandum of Understanding, and other relevant documents setting forth the Department’s transportation security strategy, as appropriate.

(h) CONSULTATION.—The Secretary shall periodically consult

with the surface transportation entities which are or may be

inspected by the surface transportation security inspectors,

including, as appropriate, railroad carriers, over-the-road bus operators and terminal owners and operators, motor carriers, public

transportation agencies, owners or operators of highways, and pipeline operators on—

(1) the inspectors’ duties, responsibilities, authorities, and

mission; and

(2) strategies to improve transportation security and to

ensure compliance with transportation security requirements.

(i) REPORT.—Not later than September 30, 2008, the Department of Homeland Security Inspector General shall transmit a

report to the appropriate congressional committees on the performance and effectiveness of surface transportation security inspectors,

whether there is a need for additional inspectors, and other recommendations.

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary to carry out this section— (1) $11,400,000 for fiscal year 2007;

(2) $17,100,000 for fiscal year 2008;

(3) $19,950,000 for fiscal year 2009;

(4) $22,800,000 for fiscal year 2010; and

(5) $22,800,000 for fiscal year 2011.

SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY

INFORMATION SHARING.

(a) IN GENERAL.—

(1) INFORMATION SHARING.—The Secretary, in consultation

with the Secretary of Transportation, shall establish a program

to provide appropriate information that the Department has

gathered or developed on the performance, use, and testing

of technologies that may be used to enhance railroad, public

transportation, and surface transportation security to surface

transportation entities, including railroad carriers, over-theroad bus operators and terminal owners and operators, motor

carriers, public transportation agencies, owners or operators

of highways, pipeline operators, and State, local, and tribal

governments that provide security assistance to such entities.

(2) DESIGNATION OF QUALIFIED ANTITERRORISM TECH- NOLOGIES.—The Secretary shall include in such information

6 USC 1114.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 395

provided in paragraph (1) whether the technology is designated

as a qualified antiterrorism technology under the Support Antiterrorism by Fostering Effective Technologies Act of 2002

(Public Law 107–296), as appropriate.

(b) PURPOSE.—The purpose of the program is to assist eligible

grant recipients under this Act and others, as appropriate, to purchase and use the best technology and equipment available to

meet the security needs of the Nation’s surface transportation

system.

(c) COORDINATION.—The Secretary shall ensure that the program established under this section makes use of and is consistent

with other Department technology testing, information sharing,

evaluation, and standards-setting programs, as appropriate.

SEC. 1306. TSA PERSONNEL LIMITATIONS.

Any statutory limitation on the number of employees in the

Transportation Security Administration does not apply to employees

carrying out this title and titles XII, XIV, and XV.

SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM

TRAINING PROGRAM.

(a) DEFINITIONS.—For purposes of this section, the term ‘‘explosives detection canine team’’ means a canine and a canine handler

that are trained to detect explosives, radiological materials, chemical, nuclear or biological weapons, or other threats as defined

by the Secretary.

(b) IN GENERAL.— (1) INCREASED CAPACITY.—Not later than 180 days after

the date of enactment of this Act, the Secretary of Homeland

Security shall—

(A) begin to increase the number of explosives detection

canine teams certified by the Transportation Security

Administration for the purposes of transportation-related

security by up to 200 canine teams annually by the end

of 2010; and

(B) encourage State, local, and tribal governments and

private owners of high-risk transportation facilities to

strengthen security through the use of highly trained explosives detection canine teams.

(2) EXPLOSIVES DETECTION CANINE TEAMS.—The Secretary

of Homeland Security shall increase the number of explosives

detection canine teams by—

(A) using the Transportation Security Administration’s

National Explosives Detection Canine Team Training

Center, including expanding and upgrading existing facilities, procuring and breeding additional canines, and

increasing staffing and oversight commensurate with the

increased training and deployment capabilities;

(B) partnering with other Federal, State, or local agencies, nonprofit organizations, universities, or the private

sector to increase the training capacity for canine detection

teams;

(C) procuring explosives detection canines trained by

nonprofit organizations, universities, or the private sector

provided they are trained in a manner consistent with

the standards and requirements developed pursuant to subsection (c) or other criteria developed by the Secretary;

or

Deadline.

6 USC 1116.

6 USC 1115.

121 STAT. 396 PUBLIC LAW 110–53—AUG. 3, 2007

(D) a combination of subparagraphs (A), (B), and (C),

as appropriate.

(c) STANDARDS FOR EXPLOSIVES DETECTION CANINE TEAMS.—

(1) IN GENERAL.—Based on the feasibility in meeting the

ongoing demand for quality explosives detection canine teams,

the Secretary shall establish criteria, including canine training

curricula, performance standards, and other requirements

approved by the Transportation Security Administration necessary to ensure that explosives detection canine teams trained

by nonprofit organizations, universities, and private sector entities are adequately trained and maintained.

(2) EXPANSION.—In developing and implementing such curriculum, performance standards, and other requirements, the

Secretary shall—

(A) coordinate with key stakeholders, including international, Federal, State, and local officials, and private

sector and academic entities to develop best practice guidelines for such a standardized program, as appropriate;

(B) require that explosives detection canine teams

trained by nonprofit organizations, universities, or private

sector entities that are used or made available by the

Secretary be trained consistent with specific training criteria developed by the Secretary; and

(C) review the status of the private sector programs

on at least an annual basis to ensure compliance with

training curricula, performance standards, and other

requirements.

(d) DEPLOYMENT.—The Secretary shall—

(1) use the additional explosives detection canine teams

as part of the Department’s efforts to strengthen security across

the Nation’s transportation network, and may use the canine

teams on a more limited basis to support other homeland

security missions, as determined appropriate by the Secretary;

(2) make available explosives detection canine teams to

all modes of transportation, for high-risk areas or to address

specific threats, on an as-needed basis and as otherwise determined appropriate by the Secretary;

(3) encourage, but not require, any transportation facility

or system to deploy TSA-certified explosives detection canine

teams developed under this section; and

(4) consider specific needs and training requirements for

explosives detection canine teams to be deployed across the

Nation’s transportation network, including in venues of multiple modes of transportation, as appropriate.

(e) CANINE PROCUREMENT.—The Secretary, acting through the

Administrator of the Transportation Security Administration, shall

work to ensure that explosives detection canine teams are procured

as efficiently as possible and at the best price, while maintaining

the needed level of quality, including, if appropriate, through

increased domestic breeding.

(f) STUDY.—Not later than 1 year after the date of enactment

of this Act, the Comptroller General shall report to the appropriate

congressional committees on the utilization of explosives detection

canine teams to strengthen security and the capacity of the national

explosive detection canine team program.

Deadline.

Reports.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 397

(g) AUTHORIZATION.—There are authorized to be appropriated

to the Secretary such sums as may be necessary to carry out

this section for fiscal years 2007 through 2011.

SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY

USER FEE STUDY.

(a) IN GENERAL.—The Secretary of Homeland Security shall

conduct a study of the need for, and feasibility of, establishing

a system of maritime and surface transportation-related user fees

that may be imposed and collected as a dedicated revenue source,

on a temporary or continuing basis, to provide necessary funding

for legitimate improvements to, and maintenance of, maritime and

surface transportation security, including vessel and facility plans

required under section 70103(c) of title 46, United States Code.

In developing the study, the Secretary shall consult with maritime

and surface transportation carriers, shippers, passengers, facility

owners and operators, and other persons as determined by the

Secretary. Not later than 1 year after the date of the enactment

of this Act, the Secretary shall submit a report to the appropriate

congressional committees that contains—

(1) the results of the study;

(2) an assessment of the annual sources of funding collected

through maritime and surface transportation at ports of entry

and a detailed description of the distribution and use of such

funds, including the amount and percentage of such sources

that are dedicated to improve and maintain security;

(3) an assessment of—

(A) the fees, charges, and standards imposed on United

States ports, port terminal operators, shippers, carriers,

and other persons who use United States ports of entry

compared with the fees and charges imposed on Canadian

and Mexican ports, Canadian and Mexican port terminal

operators, shippers, carriers, and other persons who use

Canadian or Mexican ports of entry; and

(B) the impact of such fees, charges, and standards

on the competitiveness of United States ports, port terminal

operators, railroad carriers, motor carriers, pipelines, other

transportation modes, and shippers;

(4) the private efforts and investments to secure maritime

and surface transportation modes, including those that are

operational and those that are planned; and

(5) the Secretary’s recommendations based upon the study,

and an assessment of the consistency of such recommendations

with the international obligations and commitments of the

United States.

(b) DEFINITIONS.—In this section:

(1) PORT OF ENTRY.—The term ‘‘port of entry’’ means any

port or other facility through which foreign goods are permitted

to enter the customs territory of a country under official supervision.

(2) MARITIME AND SURFACE TRANSPORTATION.—The term

‘‘maritime and surface transportation’’ includes ocean borne

and vehicular transportation.

SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS.

(a) IN GENERAL.—Section 70105 of title 46, United States Code,

is amended—

Deadline.

Reports.

121 STAT. 398 PUBLIC LAW 110–53—AUG. 3, 2007

(1) in subsection (b)(1), by striking ‘‘decides that the individual poses a security risk under subsection (c)’’ and inserting

‘‘determines under subsection (c) that the individual poses a

security risk’’; and

(2) in subsection (c), by amending paragraph (1) to read

as follows:

‘‘(1) DISQUALIFICATIONS.—

‘‘(A) PERMANENT DISQUALIFYING CRIMINAL OFFENSES.—

Except as provided under paragraph (2), an individual

is permanently disqualified from being issued a biometric

transportation security card under subsection (b) if the

individual has been convicted, or found not guilty by reason

of insanity, in a civilian or military jurisdiction of any

of the following felonies:

‘‘(i) Espionage or conspiracy to commit espionage.

‘‘(ii) Sedition or conspiracy to commit sedition.

‘‘(iii) Treason or conspiracy to commit treason.

‘‘(iv) A Federal crime of terrorism (as defined in

section 2332b(g) of title 18), a crime under a comparable State law, or conspiracy to commit such crime.

‘‘(v) A crime involving a transportation security

incident.

‘‘(vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49, or a

comparable State law.

‘‘(vii) Unlawful possession, use, sale, distribution,

manufacture, purchase, receipt, transfer, shipment,

transportation, delivery, import, export, or storage of,

or dealing in, an explosive or explosive device. In this

clause, an explosive or explosive device includes—

‘‘(I) an explosive (as defined in sections 232(5)

and 844(j) of title 18);

‘‘(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18);

and

‘‘(III) a destructive device (as defined in

921(a)(4) of title 18 or section 5845(f) of the

Internal Revenue Code of 1986).

‘‘(viii) Murder.

‘‘(ix) Making any threat, or maliciously conveying

false information knowing the same to be false, concerning the deliverance, placement, or detonation of

an explosive or other lethal device in or against a

place of public use, a State or other government facility,

a public transportation system, or an infrastructure

facility.

‘‘(x) A violation of chapter 96 of title 18, popularly

known as the Racketeer Influenced and Corrupt

Organizations Act, or a comparable State law, if one

of the predicate acts found by a jury or admitted by

the defendant consists of one of the crimes listed in

this subparagraph.

‘‘(xi) Attempt to commit any of the crimes listed

in clauses (i) through (iv).

‘‘(xii) Conspiracy or attempt to commit any of the

crimes described in clauses (v) through (x).

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 399

‘‘(B) INTERIM DISQUALIFYING CRIMINAL OFFENSES.—

Except as provided under paragraph (2), an individual

is disqualified from being issued a biometric transportation

security card under subsection (b) if the individual has

been convicted, or found not guilty by reason of insanity,

during the 7-year period ending on the date on which

the individual applies for such card, or was released from

incarceration during the 5-year period ending on the date

on which the individual applies for such card, of any of

the following felonies:

‘‘(i) Unlawful possession, use, sale, manufacture,

purchase, distribution, receipt, transfer, shipment,

transportation, delivery, import, export, or storage of,

or dealing in, a firearm or other weapon. In this clause,

a firearm or other weapon includes—

‘‘(I) firearms (as defined in section 921(a)(3)

of title 18 or section 5845(a) of the Internal Revenue Code of 1986); and

‘‘(II) items contained on the U.S. Munitions

Import List under section 447.21 of title 27, Code

of Federal Regulations.

‘‘(ii) Extortion.

‘‘(iii) Dishonesty, fraud, or misrepresentation,

including identity fraud and money laundering if the

money laundering is related to a crime described in

this subparagraph or subparagraph (A). In this clause,

welfare fraud and passing bad checks do not constitute

dishonesty, fraud, or misrepresentation.

‘‘(iv) Bribery.

‘‘(v) Smuggling.

‘‘(vi) Immigration violations.

‘‘(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.

‘‘(viii) Arson.

‘‘(ix) Kidnaping or hostage taking.

‘‘(x) Rape or aggravated sexual abuse.

‘‘(xi) Assault with intent to kill.

‘‘(xii) Robbery.

‘‘(xiii) Conspiracy or attempt to commit any of

the crimes listed in this subparagraph.

‘‘(xiv) Fraudulent entry into a seaport in violation

of section 1036 of title 18, or a comparable State law.

‘‘(xv) A violation of the chapter 96 of title 18,

popularly known as the Racketeer Influenced and Corrupt Organizations Act or a comparable State law,

other than any of the violations listed in subparagraph

(A)(x).

‘‘(C) UNDER WANT, WARRANT, OR INDICTMENT.—An

applicant who is wanted, or under indictment, in any

civilian or military jurisdiction for a felony listed in paragraph (1)(A), is disqualified from being issued a biometric

transportation security card under subsection (b) until the

want or warrant is released or the indictment is dismissed.

‘‘(D) OTHER POTENTIAL DISQUALIFICATIONS.—Except as

provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card

121 STAT. 400 PUBLIC LAW 110–53—AUG. 3, 2007

under subsection (b) unless the Secretary determines that

individual—

‘‘(i) has been convicted within the preceding 7-

year period of a felony or found not guilty by reason

of insanity of a felony—

‘‘(I) that the Secretary believes could cause

the individual to be a terrorism security risk to

the United States; or

‘‘(II) for causing a severe transportation security incident;

‘‘(ii) has been released from incarceration within

the preceding 5-year period for committing a felony

described in clause (i);

‘‘(iii) may be denied admission to the United States

or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

‘‘(iv) otherwise poses a terrorism security risk to

the United States.

‘‘(E) MODIFICATION OF LISTED OFFENSES.—The Secretary may, by rulemaking, add to or modify the list of

disqualifying crimes described in paragraph (1)(B).’’.

SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY

AND THE DEPARTMENT OF TRANSPORTATION.

The Secretary of Homeland Security is the principal Federal

official responsible for transportation security. The roles and responsibilities of the Department of Homeland Security and the Department of Transportation in carrying out this title and titles XII,

XIV, and XV are the roles and responsibilities of such Departments

pursuant to the Aviation and Transportation Security Act (Public

Law 107–71); the Intelligence Reform and Terrorism Prevention

Act of 2004 (Public Law 108–458); the National Infrastructure

Protection Plan required by Homeland Security Presidential Directive–7; The Homeland Security Act of 2002; The National Response

Plan; Executive Order No. 13416: Strengthening Surface Transportation Security, dated December 5, 2006; the Memorandum of

Understanding between the Department and the Department of

Transportation on Roles and Responsibilities, dated September 28,

2004, and any and all subsequent annexes to this Memorandum

of Understanding; and any other relevant agreements between the

two Departments.

TITLE XIV—PUBLIC TRANSPORTATION

SECURITY

SEC. 1401. SHORT TITLE.

This title may be cited as the ‘‘National Transit Systems Security Act of 2007’’.

SEC. 1402. DEFINITIONS.

For purposes of this title, the following terms apply:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Banking, Housing, and Urban Affairs, and the Committee

on Homeland Security and Governmental Affairs of the Senate

and the Committee on Homeland Security and the Committee

6 USC 1131.

6 USC 1101 note.

National Transit

Systems Security

Act of 2007.

6 USC 1117.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 401

on Transportation and Infrastructure of the House of Representatives.

(2) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Homeland Security.

(3) DISADVANTAGED BUSINESSES CONCERNS.—The term ‘‘disadvantaged business concerns’’ means small businesses that

are owned and controlled by socially and economically disadvantaged individuals as defined in section 124, title 13, Code of

Federal Regulations.

(4) FRONTLINE EMPLOYEE.—The term ‘‘frontline employee’’

means an employee of a public transportation agency who is

a transit vehicle driver or operator, dispatcher, maintenance

and maintenance support employee, station attendant, customer service employee, security employee, or transit police,

or any other employee who has direct contact with riders on

a regular basis, and any other employee of a public transportation agency that the Secretary determines should receive

security training under section 1408.

(5) PUBLIC TRANSPORTATION AGENCY.—The term ‘‘public

transportation agency’’ means a publicly owned operator of

public transportation eligible to receive Federal assistance

under chapter 53 of title 49, United States Code.

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Homeland Security.

SEC. 1403. FINDINGS.

Congress finds that—

(1) 182 public transportation systems throughout the world

have been primary targets of terrorist attacks;

(2) more than 6,000 public transportation agencies operate

in the United States;

(3) people use public transportation vehicles 33,000,000

times each day;

(4) the Federal Transit Administration has invested

$93,800,000,000 since 1992 for construction and improvements;

(5) the Federal investment in transit security has been

insufficient; and

(6) greater Federal investment in transit security improvements per passenger boarding is necessary to better protect

the American people, given transit’s vital importance in creating mobility and promoting our Nation’s economy.

SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY.

(a) NATIONAL STRATEGY.—Not later than 9 months after the

date of enactment of this Act and based upon the previous and

ongoing security assessments conducted by the Department and

the Department of Transportation, the Secretary, consistent with

and as required by section 114(t) of title 49, United States Code,

shall develop and implement the modal plan for public transportation, entitled the ‘‘National Strategy for Public Transportation

Security’’.

(b) PURPOSE.—

(1) GUIDELINES.—In developing the National Strategy for

Public Transportation Security, the Secretary shall establish

guidelines for public transportation security that—

(A) minimize security threats to public transportation

systems; and

Deadline.

6 USC 1133.

6 USC 1132.

121 STAT. 402 PUBLIC LAW 110–53—AUG. 3, 2007

(B) maximize the abilities of public transportation systems to mitigate damage resulting from terrorist attack

or other major incident.

(2) ASSESSMENTS AND CONSULTATIONS.—In developing the

National Strategy for Public Transportation Security, the Secretary shall—

(A) use established and ongoing public transportation

security assessments as the basis of the National Strategy

for Public Transportation Security; and

(B) consult with all relevant stakeholders, including

public transportation agencies, nonprofit labor organizations representing public transportation employees, emergency responders, public safety officials, and other relevant

parties.

(c) CONTENTS.—In the National Strategy for Public Transportation Security, the Secretary shall describe prioritized goals, objectives, policies, actions, and schedules to improve the security of

public transportation.

(d) RESPONSIBILITIES.—The Secretary shall include in the

National Strategy for Public Transportation Security a description

of the roles, responsibilities, and authorities of Federal, State, and

local agencies, tribal governments, and appropriate stakeholders.

The plan shall also include—

(1) the identification of, and a plan to address, gaps and

unnecessary overlaps in the roles, responsibilities, and authorities of Federal agencies; and

(2) a process for coordinating existing or future security

strategies and plans for public transportation, including the

National Infrastructure Protection Plan required by Homeland

Security Presidential Directive–7; Executive Order No. 13416:

Strengthening Surface Transportation Security dated December

5, 2006; the Memorandum of Understanding between the

Department and the Department of Transportation on Roles

and Responsibilities dated September 28, 2004; and subsequent

annexes and agreements.

(e) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the National Strategy for Public Transportation Security,

the Secretary shall use relevant existing risk assessments and

strategies developed by the Department or other Federal agencies,

including those developed or implemented pursuant to section 114(t)

of title 49, United States Code, or Homeland Security Presidential

Directive–7.

(f) FUNDING.—There is authorized to be appropriated to the

Secretary to carry out this section $2,000,000 for fiscal year 2008.

SEC. 1405. SECURITY ASSESSMENTS AND PLANS.

(a) PUBLIC TRANSPORTATION SECURITY ASSESSMENTS.—

(1) SUBMISSION.—Not later than 30 days after the date

of enactment of this Act, the Administrator of the Federal

Transit Administration of the Department of Transportation

shall submit all public transportation security assessments and

all other relevant information to the Secretary.

(2) SECRETARIAL REVIEW.—Not later than 60 days after

receiving the submission under paragraph (1), the Secretary

shall review and augment the security assessments received,

and conduct additional security assessments as necessary to

ensure that at a minimum, all high risk public transportation

Deadlines.

6 USC 1134.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 403

agencies, as determined by the Secretary, will have a completed

security assessment.

(3) CONTENT.—The Secretary shall ensure that each completed security assessment includes—

(A) identification of critical assets, infrastructure, and

systems and their vulnerabilities; and

(B) identification of any other security weaknesses,

including weaknesses in emergency response planning and

employee training.

(b) BUS AND RURAL PUBLIC TRANSPORTATION SYSTEMS.—Not

later than 180 days after the date of enactment of this Act, the

Secretary shall—

(1) conduct security assessments, based on a representative

sample, to determine the specific needs of—

(A) local bus-only public transportation systems; and

(B) public transportation systems that receive funds

under section 5311 of title 49, United States Code; and

(2) make the representative assessments available for use

by similarly situated systems.

(c) SECURITY PLANS.—

(1) REQUIREMENT FOR PLAN.—

(A) HIGH RISK AGENCIES.—The Secretary shall require

public transportation agencies determined by the Secretary

to be at high risk for terrorism to develop a comprehensive

security plan. The Secretary shall provide technical assistance and guidance to public transportation agencies in

preparing and implementing security plans under this section.

(B) OTHER AGENCIES.—Provided that no public

transportation agency that has not been designated high

risk shall be required to develop a security plan, the Secretary may also establish a security program for public

transportation agencies not designated high risk by the

Secretary, to assist those public transportation agencies

which request assistance, including—

(i) guidance to assist such agencies in conducting

security assessments and preparing and implementing

security plans; and

(ii) a process for the Secretary to review and

approve such assessments and plans, as appropriate.

(2) CONTENTS OF PLAN.—The Secretary shall ensure that

security plans include, as appropriate—

(A) a prioritized list of all items included in the public

transportation agency’s security assessment that have not

yet been addressed;

(B) a detailed list of any additional capital and operational improvements identified by the Department or the

public transportation agency and a certification of the

public transportation agency’s technical capacity for operating and maintaining any security equipment that may

be identified in such list;

(C) specific procedures to be implemented or used by

the public transportation agency in response to a terrorist

attack, including evacuation and passenger communication

plans and appropriate evacuation and communication

measures for the elderly and individuals with disabilities;

Deadline.

121 STAT. 404 PUBLIC LAW 110–53—AUG. 3, 2007

(D) a coordinated response plan that establishes procedures for appropriate interaction with State and local law

enforcement agencies, emergency responders, and Federal

officials in order to coordinate security measures and plans

for response in the event of a terrorist attack or other

major incident;

(E) a strategy and timeline for conducting training

under section 1408;

(F) plans for providing redundant and other appropriate backup systems necessary to ensure the continued

operation of critical elements of the public transportation

system in the event of a terrorist attack or other major

incident;

(G) plans for providing service capabilities throughout

the system in the event of a terrorist attack or other

major incident in the city or region which the public

transportation system serves;

(H) methods to mitigate damage within a public

transportation system in case of an attack on the system,

including a plan for communication and coordination with

emergency responders; and

(I) other actions or procedures as the Secretary determines are appropriate to address the security of the public

transportation system.

(3) REVIEW.—Not later than 6 months after receiving the

plans required under this section, the Secretary shall—

(A) review each security plan submitted;

(B) require the public transportation agency to make

any amendments needed to ensure that the plan meets

the requirements of this section; and

(C) approve any security plan that meets the requirements of this section.

(4) EXEMPTION.—The Secretary shall not require a public

transportation agency to develop a security plan under paragraph (1) if the agency does not receive a grant under section

1406.

(5) WAIVER.—The Secretary may waive the exemption provided in paragraph (4) to require a public transportation agency

to develop a security plan under paragraph (1) in the absence

of grant funds under section 1406 if not less than 3 days

after making the determination the Secretary provides the

appropriate congressional committees and the public transportation agency written notification detailing the need for the

security plan, the reasons grant funding has not been made

available, and the reason the agency has been designated high

risk.

(d) CONSISTENCY WITH OTHER PLANS.—The Secretary shall

ensure that the security plans developed by public transportation

agencies under this section are consistent with the security assessments developed by the Department and the National Strategy

for Public Transportation Security developed under section 1404.

(e) UPDATES.—Not later than September 30, 2008, and annually

thereafter, the Secretary shall—

(1) update the security assessments referred to in subsection (a);

(2) update the security improvement priorities required

under subsection (f); and

Deadline.

Notification.

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 405

(3) require public transportation agencies to update the

security plans required under subsection (c) as appropriate.

(f) SECURITY IMPROVEMENT PRIORITIES.—

(1) IN GENERAL.—Beginning in fiscal year 2008 and each

fiscal year thereafter, the Secretary, after consultation with

management and nonprofit employee labor organizations representing public transportation employees as appropriate, and

with appropriate State and local officials, shall utilize the

information developed or received in this section to establish

security improvement priorities unique to each individual public

transportation agency that has been assessed.

(2) ALLOCATIONS.—The Secretary shall use the security

improvement priorities established in paragraph (1) as the basis

for allocating risk-based grant funds under section 1406, unless

the Secretary notifies the appropriate congressional committees

that the Secretary has determined an adjustment is necessary

to respond to an urgent threat or other significant national

security factors.

(g) SHARED FACILITIES.—The Secretary shall encourage the

development and implementation of coordinated assessments and

security plans to the extent a public transportation agency shares

facilities (such as tunnels, bridges, stations, or platforms) with

another public transportation agency, a freight or passenger railroad

carrier, or over-the-road bus operator that are geographically close

or otherwise co-located.

(h) NONDISCLOSURE OF INFORMATION.—

(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing

in this section shall be construed as authorizing the withholding

of any information from Congress.

(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section shall be construed as affecting

any authority or obligation of a Federal agency to disclose

any record or information that the Federal agency obtains

from a public transportation agency under any other Federal

law.

(i) DETERMINATION.—In response to a petition by a public

transportation agency or at the discretion of the Secretary, the

Secretary may recognize existing procedures, protocols, and standards of a public transportation agency that the Secretary determines

meet all or part of the requirements of this section regarding

security assessments or security plans.

SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

(a) SECURITY ASSISTANCE PROGRAM.—

(1) IN GENERAL.—The Secretary shall establish a program

for making grants to eligible public transportation agencies

for security improvements described in subsection (b).

(2) ELIGIBILITY.—A public transportation agency is eligible

for a grant under this section if the Secretary has performed

a security assessment or the agency has developed a security

plan under section 1405. Grant funds shall only be awarded

for permissible uses under subsection (b) to—

(A) address items included in a security assessment;

or

(B) further a security plan.

(b) USES OF FUNDS.—A recipient of a grant under subsection

(a) shall use the grant funds for one or more of the following:

6 USC 1135.

Effective date.

121 STAT. 406 PUBLIC LAW 110–53—AUG. 3, 2007

(1) Capital uses of funds, including—

(A) tunnel protection systems;

(B) perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades;

(C) redundant critical operations control systems;

(D) chemical, biological, radiological, or explosive detection systems, including the acquisition of canines used

for such detection;

(E) surveillance equipment;

(F) communications equipment, including mobile

service equipment to provide access to wireless Enhanced

911 (E911) emergency services in an underground fixed

guideway system;

(G) emergency response equipment, including personal

protective equipment;

(H) fire suppression and decontamination equipment;

(I) global positioning or tracking and recovery equipment, and other automated-vehicle-locator-type system

equipment;

(J) evacuation improvements;

(K) purchase and placement of bomb-resistant trash

cans throughout public transportation facilities, including

subway exits, entrances, and tunnels;

(L) capital costs associated with security awareness,

security preparedness, and security response training,

including training under section 1408 and exercises under

section 1407;

(M) security improvements for public transportation

systems, including extensions thereto, in final design or

under construction;

(N) security improvements for stations and other public

transportation infrastructure, including stations and other

public transportation infrastructure owned by State or local

governments; and

(O) other capital security improvements determined

appropriate by the Secretary.

(2) Operating uses of funds, including—

(A) security training, including training under section

1408 and training developed by institutions of higher education and by nonprofit employee labor organizations, for

public transportation employees, including frontline

employees;

(B) live or simulated exercises under section 1407;

(C) public awareness campaigns for enhanced public

transportation security;

(D) canine patrols for chemical, radiological, biological,

or explosives detection;

(E) development of security plans under section 1405;

(F) overtime reimbursement including reimbursement

of State, local, and tribal governments, for costs for

enhanced security personnel during significant national

and international public events;

(G) operational costs, including reimbursement of

State, local, and tribal governments for costs for personnel

assigned to full-time or part-time security or

counterterrorism duties related to public transportation,

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 407

provided that this expense totals no more than 10 percent

of the total grant funds received by a public transportation

agency in any 1 year; and

(H) other operational security costs determined appropriate by the Secretary, excluding routine, ongoing personnel costs, other than those set forth in this section.

(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—

In carrying out the responsibilities under subsection (a), the Secretary shall—

(1) determine the requirements for recipients of grants

under this section, including application requirements;

(2) pursuant to subsection (a)(2), select the recipients of

grants based solely on risk; and

(3) pursuant to subsection (b), establish the priorities for

which grant funds may be used under this section.

(d) DISTRIBUTION OF GRANTS.—Not later than 90 days after

the date of enactment of this Act, the Secretary and the Secretary

of Transportation shall determine the most effective and efficient

way to distribute grant funds to the recipients of grants determined

by the Secretary under subsection (a). Subject to the determination

made by the Secretaries, the Secretary may transfer funds to the

Secretary of Transportation for the purposes of disbursing funds

to the grant recipient.

(e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as

otherwise specifically provided in this section, a grant provided

under this section shall be subject to the terms and conditions

applicable to a grant made under section 5307 of title 49, United

States Code, as in effect on January 1, 2007, and such other

terms and conditions as are determined necessary by the Secretary.

(f) LIMITATION ON USES OF FUNDS.—Grants made under this

section may not be used to make any State or local government

cost-sharing contribution under any other Federal law.

(g) ANNUAL REPORTS.—Each recipient of a grant under this

section shall report annually to the Secretary on the use of the

grant funds.

(h) GUIDELINES.—Before distribution of funds to recipients of

grants, the Secretary shall issue guidelines to ensure that, to the

extent that recipients of grants under this section use contractors

or subcontractors, such recipients shall use small, minority, womenowned, or disadvantaged business concerns as contractors or subcontractors to the extent practicable.

(i) COORDINATION WITH STATE HOMELAND SECURITY PLANS.—

In establishing security improvement priorities under section 1405

and in awarding grants for capital security improvements and operational security improvements under subsection (b), the Secretary

shall act consistently with relevant State homeland security plans.

(j) MULTISTATE TRANSPORTATION SYSTEMS.—In cases in which

a public transportation system operates in more than one State,

the Secretary shall give appropriate consideration to the risks of

the entire system, including those portions of the States into which

the system crosses, in establishing security improvement priorities

under section 1405 and in awarding grants for capital security

improvements and operational security improvements under subsection (b).

(k) CONGRESSIONAL NOTIFICATION.—Not later than 3 days

before the award of any grant under this section, the Secretary

Deadline.

Deadline.

121 STAT. 408 PUBLIC LAW 110–53—AUG. 3, 2007

shall notify simultaneously, the appropriate congressional committees of the intent to award such grant.

(l) RETURN OF MISSPENT GRANT FUNDS.—The Secretary shall

establish a process to require the return of any misspent grant

funds received under this section determined to have been spent

for a purpose other than those specified in the grant award.

(m) AUTHORIZATION OF APPROPRIATIONS.—

(1) There are authorized to be appropriated to the Secretary

to make grants under this section—

(A) such sums as are necessary for fiscal year 2007;

(B) $650,000,000 for fiscal year 2008, except that not

more than 50 percent of such funds may be used for operational costs under subsection (b)(2);

(C) $750,000,000 for fiscal year 2009, except that not

more than 30 percent of such funds may be used for operational costs under subsection (b)(2);

(D) $900,000,000 for fiscal year 2010, except that not

more than 20 percent of such funds may be used for operational costs under subsection (b)(2); and

(E) $1,100,000,000 for fiscal year 2011, except that

not more than 10 percent of such funds may be used

for operational costs under subsection (b)(2).

(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry

out this section shall remain available until expended.

(3) WAIVER.—The Secretary may waive the limitation on

operational costs specified in subparagraphs (B) through (E)

of paragraph (1) if the Secretary determines that such a waiver

is required in the interest of national security, and if the

Secretary provides a written justification to the appropriate

congressional committees prior to any such action.

(4) EFFECTIVE DATE.—Funds provided for fiscal year 2007

transit security grants under Public Law 110–28 shall be allocated based on security assessments that are in existence as

of the date of enactment of this Act.

SEC. 1407. SECURITY EXERCISES.

(a) IN GENERAL.—The Secretary shall establish a program for

conducting security exercises for public transportation agencies for

the purpose of assessing and improving the capabilities of entities

described in subsection (b) to prevent, prepare for, mitigate against,

respond to, and recover from acts of terrorism.

(b) COVERED ENTITIES.—Entities to be assessed under the program shall include—

(1) Federal, State, and local agencies and tribal governments;

(2) public transportation agencies;

(3) governmental and nongovernmental emergency

response providers and law enforcement personnel, including

transit police; and

(4) any other organization or entity that the Secretary

determines appropriate.

(c) REQUIREMENTS.—The Secretary shall ensure that the

program—

(1) requires, for public transportation agencies which the

Secretary deems appropriate, exercises to be conducted that

are—

6 USC 1136.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 409

(A) scaled and tailored to the needs of specific public

transportation systems, and include taking into account

the needs of the elderly and individuals with disabilities;

(B) live;

(C) coordinated with appropriate officials;

(D) as realistic as practicable and based on current

risk assessments, including credible threats,

vulnerabilities, and consequences;

(E) inclusive, as appropriate, of frontline employees

and managers; and

(F) consistent with the National Incident Management

System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such

national initiatives;

(2) provides that exercises described in paragraph (1) will

be—

(A) evaluated by the Secretary against clear and consistent performance measures;

(B) assessed by the Secretary to learn best practices,

which shall be shared with appropriate Federal, State,

local, and tribal officials, governmental and nongovernmental emergency response providers, law enforcement personnel, including railroad and transit police, and appropriate stakeholders; and

(C) followed by remedial action by covered entities

in response to lessons learned;

(3) involves individuals in neighborhoods around the infrastructure of a public transportation system; and

(4) assists State, local, and tribal governments and public

transportation agencies in designing, implementing, and evaluating exercises that conform to the requirements of paragraph

(2).

(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure

that the exercise program developed under subsection (a) is a component of the National Exercise Program established under section

648 of the Post Katrina Emergency Management Reform Act (Public

Law 109–295; 6 U.S.C. 748).

(e) FERRY SYSTEM EXEMPTION.—This section does not apply

to any ferry system for which drills are required to be conducted

pursuant to section 70103 of title 46, United States Code.

SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

(a) IN GENERAL.—Not later than 90 days after the date of

enactment of this Act, the Secretary shall develop and issue detailed

interim final regulations, and not later than 1 year after the date

of enactment of this Act, the Secretary shall develop and issue

detailed final regulations, for a public transportation security

training program to prepare public transportation employees,

including frontline employees, for potential security threats and

conditions.

(b) CONSULTATION.—The Secretary shall develop the interim

final and final regulations under subsection (a) in consultation

with—

(1) appropriate law enforcement, fire service, security, and

terrorism experts;

(2) representatives of public transportation agencies; and

Deadlines.

Regulations.

6 USC 1137.

121 STAT. 410 PUBLIC LAW 110–53—AUG. 3, 2007

(3) nonprofit employee labor organizations representing

public transportation employees or emergency response personnel.

(c) PROGRAM ELEMENTS.—The interim final and final regulations developed under subsection (a) shall require security training

programs to include, at a minimum, elements to address the following:

(1) Determination of the seriousness of any occurrence or

threat.

(2) Crew and passenger communication and coordination.

(3) Appropriate responses to defend oneself, including using

nonlethal defense devices.

(4) Use of personal protective devices and other protective

equipment.

(5) Evacuation procedures for passengers and employees,

including individuals with disabilities and the elderly.

(6) Training related to behavioral and psychological understanding of, and responses to, terrorist incidents, including

the ability to cope with hijacker behavior, and passenger

responses.

(7) Live situational training exercises regarding various

threat conditions, including tunnel evacuation procedures.

(8) Recognition and reporting of dangerous substances and

suspicious packages, persons, and situations.

(9) Understanding security incident procedures, including

procedures for communicating with governmental and nongovernmental emergency response providers and for on scene

interaction with such emergency response providers.

(10) Operation and maintenance of security equipment and

systems.

(11) Other security training activities that the Secretary

deems appropriate.

(d) REQUIRED PROGRAMS.—

(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not

later than 90 days after a public transportation agency meets

the requirements under subsection (e), each such public

transportation agency shall develop a security training program

in accordance with the regulations developed under subsection

(a) and submit the program to the Secretary for approval.

(2) APPROVAL.—Not later than 60 days after receiving a

security training program proposal under this subsection, the

Secretary shall approve the program or require the public

transportation agency that developed the program to make

any revisions to the program that the Secretary determines

necessary for the program to meet the requirements of the

regulations. A public transportation agency shall respond to

the Secretary’s comments within 30 days after receiving them.

(3) TRAINING.—Not later than 1 year after the Secretary

approves a security training program proposal in accordance

with this subsection, the public transportation agency that

developed the program shall complete the training of all

employees covered under the program.

(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—

The Secretary shall periodically review and update, as appropriate, the training regulations issued under subsection (a)

to reflect new or changing security threats. Each public

Deadlines.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 411

transportation agency shall revise its training program accordingly and provide additional training as necessary to its workers

within a reasonable time after the regulations are updated.

(e) APPLICABILITY.—A public transportation agency that

receives a grant award under this title shall be required to develop

and implement a security training program pursuant to this section.

(f) LONG-TERM TRAINING REQUIREMENT.—Any public transportation agency required to develop a security training program pursuant to this section shall provide routine and ongoing training for

employees covered under the program, regardless of whether the

public transportation agency receives subsequent grant awards.

(g) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure

that the training program developed under subsection (a) is a

component of the National Training Program established under

section 648 of the Post Katrina Emergency Management Reform

Act (Public Law 109–295; 6 U.S.C. 748).

(h) FERRY EXEMPTION.—This section shall not apply to any

ferry system for which training is required to be conducted pursuant

to section 70103 of title 46, United States Code.

(i) REPORT.—Not later than 2 years after the date of issuance

of the final regulation, the Comptroller General shall review

implementation of the training program, including interviewing

a representative sample of public transportation agencies and

employees, and report to the appropriate congressional committees,

on the number of reviews conducted and the results. The Comptroller General may submit the report in both classified and

redacted formats as necessary.

SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.

(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary shall carry out a research and development

program through the Homeland Security Advanced Research

Projects Agency in the Science and Technology Directorate and

in consultation with the Transportation Security Administration

and with the Federal Transit Administration, for the purpose of

improving the security of public transportation systems.

(b) GRANTS AND CONTRACTS AUTHORIZED.—The Secretary shall

award grants or contracts to public or private entities to conduct

research and demonstrate technologies and methods to reduce and

deter terrorist threats or mitigate damages resulting from terrorist

attacks against public transportation systems.

(c) USE OF FUNDS.—Grants or contracts awarded under subsection (a)—

(1) shall be coordinated with activities of the Homeland

Security Advanced Research Projects Agency; and

(2) may be used to—

(A) research chemical, biological, radiological, or explosive detection systems that do not significantly impede

passenger access;

(B) research imaging technologies;

(C) conduct product evaluations and testing;

(D) improve security and redundancy for critical

communications, electrical power, and computer and train

control systems;

(E) develop technologies for securing tunnels, transit

bridges and aerial structures;

6 USC 1138.

121 STAT. 412 PUBLIC LAW 110–53—AUG. 3, 2007

(F) research technologies that mitigate damages in the

event of a cyber attack; and

(G) research other technologies or methods for reducing

or deterring terrorist attacks against public transportation

systems, or mitigating damage from such attacks.

(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 Chief Privacy Officer of the Department and the

Officer for Civil Rights and Civil Liberties of the Department,

as appropriate, and in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142).

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6

U.S.C. 142; 345), the Chief 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.

(e) REPORTING REQUIREMENT.—Each entity that is awarded

a grant or contract under this section shall report annually to

the Department on the use of grant or contract funds received

under this section to ensure that the awards made are expended

in accordance with the purposes of this title and the priorities

developed by the Secretary.

(f) COORDINATION.—The Secretary shall ensure that the

research is consistent with the priorities established in the National

Strategy for Public Transportation Security and is coordinated,

to the extent practicable, with other Federal, State, local, tribal,

and private sector public transportation, railroad, commuter railroad, and over-the-road bus research initiatives to leverage

resources and avoid unnecessary duplicative efforts.

(g) RETURN OF MISSPENT GRANT OR CONTRACT FUNDS.—If the

Secretary determines that a grantee or contractor used any portion

of the grant or contract funds received under this section for a

purpose other than the allowable uses specified under subsection

(c), the grantee or contractor shall return any amount so used

to the Treasury of the United States.

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary to make grants under this

section—

(1) such sums as necessary for fiscal year 2007;

(2) $25,000,000 for fiscal year 2008;

(3) $25,000,000 for fiscal year 2009;

(4) $25,000,000 for fiscal year 2010; and

(5) $25,000,000 for fiscal year 2011.

SEC. 1410. INFORMATION SHARING.

(a) INTELLIGENCE SHARING.—The Secretary shall ensure that

the Department of Transportation receives appropriate and timely

notification of all credible terrorist threats against public transportation assets in the United States.

(b) INFORMATION SHARING ANALYSIS CENTER.—

(1) AUTHORIZATION.—The Secretary shall provide for the

reasonable costs of the Information Sharing and Analysis

Center for Public Transportation (referred to in this subsection

as the ‘‘ISAC’’).

(2) PARTICIPATION.—The Secretary—

6 USC 1139.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 413

(A) shall require public transportation agencies that

the Secretary determines to be at high risk of terrorist

attack to participate in the ISAC;

(B) shall encourage all other public transportation

agencies to participate in the ISAC;

(C) shall encourage the participation of nonprofit

employee labor organizations representing public transportation employees, as appropriate; and

(D) shall not charge a fee for participating in the

ISAC.

(c) REPORT.—The Comptroller General shall report, not less

than 3 years after the date of enactment of this Act, to the appropriate congressional committees, as to the value and efficacy of

the ISAC along with any other public transportation informationsharing programs ongoing at the Department. The report shall

include an analysis of the user satisfaction of public transportation

agencies on the state of information-sharing and the value that

each system provides the user, the costs and benefits of all centers

and programs, the coordination among centers and programs, how

each center or program contributes to implementing the information

sharing plan under section 1203, and analysis of the extent to

which the ISAC is duplicative with the Department’s informationsharing program.

(d) AUTHORIZATION.— (1) IN GENERAL.—There are authorized to be appropriated

to the Secretary to carry out this section— (A) $600,000 for fiscal year 2008;

(B) $600,000 for fiscal year 2009;

(C) $600,000 for fiscal year 2010; and

(D) such sums as may be necessary for 2011, provided

the report required in subsection (c) of this section has

been submitted to Congress.

(2) AVAILABILITY OF FUNDS.—Such sums shall remain available until expended.

SEC. 1411. THREAT ASSESSMENTS.

Not later than 1 year after the date of enactment of this

Act, the Secretary shall complete a name-based security background

check against the consolidated terrorist watchlist and an immigration status check for all public transportation frontline employees,

similar to the threat assessment screening program required for

facility employees and longshoremen by the Commandant of the

Coast Guard under Coast Guard Notice USCG–2006–24189 (71

Fed. Reg. 25066 (April 8, 2006)).

SEC. 1412. REPORTING REQUIREMENTS.

(a) ANNUAL REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than March 31 of each year,

the Secretary shall submit a report, containing the information

described in paragraph (2), to the appropriate congressional

committees.

(2) CONTENTS.—The report submitted under paragraph (1)

shall include—

(A) a description of the implementation of the provisions of this title;

(B) the amount of funds appropriated to carry out

the provisions of this title that have not been expended

or obligated;

6 USC 1141.

Deadline.

6 USC 1140.

121 STAT. 414 PUBLIC LAW 110–53—AUG. 3, 2007

(C) the National Strategy for Public Transportation

Security required under section 1404;

(D) an estimate of the cost to implement the National

Strategy for Public Transportation Security which shall

break out the aggregated total cost of needed capital and

operational security improvements for fiscal years 2008–

2018; and

(E) the state of public transportation security in the

United States, which shall include detailing the status

of security assessments, the progress being made around

the country in developing prioritized lists of security

improvements necessary to make public transportation

facilities and passengers more secure, the progress being

made by agencies in developing security plans and how

those plans differ from the security assessments and a

prioritized list of security improvements being compiled

by other agencies, as well as a random sample of an equal

number of large- and small-scale projects currently underway.

(3) FORMAT.—The Secretary may submit the report in both

classified and redacted formats if the Secretary determines

that such action is appropriate or necessary.

(b) ANNUAL REPORT TO GOVERNORS.—

(1) IN GENERAL.—Not later than March 31 of each year,

the Secretary shall submit a report to the Governor of each

State with a public transportation agency that has received

a grant under this Act.

(2) CONTENTS.—The report submitted under paragraph (1)

shall specify—

(A) the amount of grant funds distributed to each

such public transportation agency; and

(B) the use of such grant funds.

SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.

(a) IN GENERAL.—A public transportation agency, a contractor

or a subcontractor of such agency, or an officer or employee of

such agency, shall not discharge, demote, suspend, reprimand, or

in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good

faith act done, or perceived by the employer to have been done

or about to be done—

(1) to provide information, directly cause information to

be provided, or otherwise directly assist in any investigation

regarding any conduct which the employee reasonably believes

constitutes a violation of any Federal law, rule, or regulation

relating to public transportation safety or security, or fraud,

waste, or abuse of Federal grants or other public funds intended

to be used for public transportation safety or security, if the

information or assistance is provided to or an investigation

stemming from the provided information is conducted by—

(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General

under the Inspector General Act of 1978 (5 U.S.C. App.;

Public Law 95–452);

(B) any Member of Congress, any Committee of Congress, or the Government Accountability Office; or

6 USC 1142.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 415

(C) a person with supervisory authority over the

employee or such other person who has the authority to

investigate, discover, or terminate the misconduct;

(2) to refuse to violate or assist in the violation of any

Federal law, rule, or regulation relating to public transportation

safety or security;

(3) to file a complaint or directly cause to be brought

a proceeding related to the enforcement of this section or to

testify in that proceeding;

(4) to cooperate with a safety or security investigation

by the Secretary of Transportation, the Secretary of Homeland

Security, or the National Transportation Safety Board; or

(5) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National

Transportation Safety Board, or any Federal, State, or local

regulatory or law enforcement agency as to the facts relating

to any accident or incident resulting in injury or death to

an individual or damage to property occurring in connection

with public transportation.

(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A public

transportation agency, or a contractor or a subcontractor of such

agency, or an officer or employee of such agency, shall not discharge,

demote, suspend, reprimand, or in any other way discriminate

against an employee for—

(A) reporting a hazardous safety or security condition;

(B) refusing to work when confronted by a hazardous safety

or security condition related to the performance of the

employee’s duties, if the conditions described in paragraph (2)

exist; or

(C) refusing to authorize the use of any safety- or securityrelated equipment, track, or structures, if the employee is

responsible for the inspection or repair of the equipment, track,

or structures, when the employee believes that the equipment,

track, or structures are in a hazardous safety or security condition, if the conditions described in paragraph (2) of this subsection exist.

(2) A refusal is protected under paragraph (1)(B) and (C) if—

(A) the refusal is made in good faith and no reasonable

alternative to the refusal is available to the employee;

(B) a reasonable individual in the circumstances then confronting the employee would conclude that—

(i) the hazardous condition presents an imminent

danger of death or serious injury; and

(ii) the urgency of the situation does not allow sufficient

time to eliminate the danger without such refusal; and

(C) the employee, where possible, has notified the public

transportation agency of the existence of the hazardous condition and the intention not to perform further work, or not

to authorize the use of the hazardous equipment, track, or

structures, unless the condition is corrected immediately or

the equipment, track, or structures are repaired properly or

replaced.

(3) In this subsection, only subsection (b)(1)(A) shall apply

to security personnel, including transit police, employed or utilized

by a public transportation agency to protect riders, equipment,

assets, or facilities.

(c) ENFORCEMENT ACTION.—

Applicability.

121 STAT. 416 PUBLIC LAW 110–53—AUG. 3, 2007

(1) FILING AND NOTIFICATION.—A person who believes that

he or she has been discharged or otherwise discriminated

against by any person in violation of subsection (a) or (b)

may, not later than 180 days after the date on which such

violation occurs, file (or have any person file on his or her

behalf) a complaint with the Secretary of Labor alleging such

discharge or discrimination. Upon receipt of a complaint filed

under this paragraph, the Secretary of Labor shall notify, in

writing, the person named in the complaint and the person’s

employer of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting

the complaint, and of the opportunities that will be afforded

to such person under paragraph (2).

(2) INVESTIGATION; PRELIMINARY ORDER.—

(A) IN GENERAL.—Not later than 60 days after the

date of receipt of a complaint filed under paragraph (1)

and after affording the person named in the complaint

an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet

with a representative of the Secretary of Labor to present

statements from witnesses, the Secretary of Labor shall

conduct an investigation and determine whether there is

reasonable cause to believe that the complaint has merit

and notify, in writing, the complainant and the person

alleged to have committed a violation of subsection (a)

or (b) of the Secretary of Labor’s findings. If the Secretary

of Labor concludes that there is a reasonable cause to

believe that a violation of subsection (a) or (b) has occurred,

the Secretary of Labor shall accompany the Secretary of

Labor’s findings with a preliminary order providing the

relief prescribed by paragraph (3)(B). Not later than 30

days after the date of notification of findings under this

paragraph, either the person alleged to have committed

the violation or the complainant may file objections to

the findings or preliminary order, or both, and request

a hearing on the record. The filing of such objections shall

not operate to stay any reinstatement remedy contained

in the preliminary order. Such hearings shall be conducted

expeditiously. If a hearing is not requested in such 30-

day period, the preliminary order shall be deemed a final

order that is not subject to judicial review.

(B) REQUIREMENTS.—

(i) REQUIRED SHOWING BY COMPLAINANT.—The Secretary of Labor shall dismiss a complaint filed under

this subsection and shall not conduct an investigation

otherwise required under subparagraph (A) unless the

complainant makes a prima facie showing that any

behavior described in subsection (a) or (b) was a

contributing factor in the unfavorable personnel action

alleged in the complaint.

(ii) SHOWING BY EMPLOYER.—Notwithstanding a

finding by the Secretary of Labor that the complainant

has made the showing required under clause (i), no

investigation otherwise required under paragraph (A)

shall be conducted if the employer demonstrates, by

clear and convincing evidence, that the employer would

Notification.

Deadlines.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 417

have taken the same unfavorable personnel action in

the absence of that behavior.

(iii) CRITERIA FOR DETERMINATION BY SECRETARY

OF LABOR.—The Secretary of Labor may determine that

a violation of subsection (a) or (b) has occurred only

if the complainant demonstrates that any behavior

described in subsection (a) or (b) was a contributing

factor in the unfavorable personnel action alleged in

the complaint.

(iv) PROHIBITION.—Relief may not be ordered

under paragraph (A) if the employer demonstrates by

clear and convincing evidence that the employer would

have taken the same unfavorable personnel action in

the absence of that behavior.

(3) FINAL ORDER.— (A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary of

Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At

any time before issuance of a final order, a proceeding

under this subsection may be terminated on the basis

of a settlement agreement entered into by the Secretary

of Labor, the complainant, and the person alleged to have

committed the violation.

(B) REMEDY.—If, in response to a complaint filed under

paragraph (1), the Secretary of Labor determines that a

violation of subsection (a) or (b) has occurred, the Secretary

of Labor shall order the person who committed such violation to—

(i) take affirmative action to abate the violation;

and

(ii) provide the remedies described in subsection

(d).

(C) ORDER.—If an order is issued under subparagraph

(B), the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the

order is issued a sum equal to the aggregate amount of

all costs and expenses (including attorney and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection

with, bringing the complaint upon which the order was

issued.

(D) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor

finds that a complaint under paragraph (1) is frivolous

or has been brought in bad faith, the Secretary of Labor

may award to the prevailing employer reasonable attorney

fees not exceeding $1,000.

(4) REVIEW.—

(A) APPEAL TO COURT OF APPEALS.—Any person

adversely affected or aggrieved by an order issued under

paragraph (3) may obtain review of the order in the United

States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly

occurred or the circuit in which the complainant resided

on the date of such violation. The petition for review must

be filed not later than 60 days after the date of the issuance

Deadline.

121 STAT. 418 PUBLIC LAW 110–53—AUG. 3, 2007

of the final order of the Secretary of Labor. Review shall

conform to chapter 7 of title 5, United States Code. The

commencement of proceedings under this subparagraph

shall not, unless ordered by the court, operate as a stay

of the order.

(B) LIMITATION ON COLLATERAL ATTACK.—An order of

the Secretary of Labor with respect to which review could

have been obtained under subparagraph (A) shall not be

subject to judicial review in any criminal or other civil

proceeding.

(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.—

Whenever any person has failed to comply with an order issued

under paragraph (3), the Secretary of Labor may file a civil

action in the United States district court for the district in

which the violation was found to occur to enforce such order.

In actions brought under this paragraph, the district courts

shall have jurisdiction to grant all appropriate relief including,

but not limited to, injunctive relief and compensatory damages.

(6) ENFORCEMENT OF ORDER BY PARTIES.—

(A) COMMENCEMENT OF ACTION.—A person on whose

behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such

order was issued to require compliance with such order.

The appropriate United States district court shall have

jurisdiction, without regard to the amount in controversy

or the citizenship of the parties, to enforce such order.

(B) ATTORNEY FEES.—The court, in issuing any final

order under this paragraph, may award costs of litigation

(including reasonable attorney and expert witness fees)

to any party whenever the court determines such award

is appropriate.

(7) DE NOVO REVIEW.—With respect to a complaint under

paragraph (1), if the Secretary of Labor has not issued a final

decision within 210 days after the filing of the complaint and

if the delay is not due to the bad faith of the employee, the

employee may bring an original action at law or equity for

de novo review in the appropriate district court of the United

States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action

shall, at the request of either party to such action, be tried

by the court with a jury. The action shall be governed by

the same legal burdens of proof specified in paragraph (2)(B)

for review by the Secretary of Labor.

(d) REMEDIES.—

(1) IN GENERAL.—An employee prevailing in any action

under subsection (c) shall be entitled to all relief necessary

to make the employee whole.

(2) DAMAGES.—Relief in an action under subsection (c)

(including an action described in (c)(7)) shall include—

(A) reinstatement with the same seniority status that

the employee would have had, but for the discrimination;

(B) any backpay, with interest; and

(C) compensatory damages, including compensation for

any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and

reasonable attorney fees.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 419

(3) POSSIBLE RELIEF.—Relief in any action under subsection

(c) may include punitive damages in an amount not to exceed

$250,000.

(e) ELECTION OF REMEDIES.—An employee may not seek protection under both this section and another provision of law for the

same allegedly unlawful act of the public transportation agency.

(f) NO PREEMPTION.—Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation,

or any other manner of discrimination provided by Federal or

State law.

(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section

shall be construed to diminish the rights, privileges, or remedies

of any employee under any Federal or State law or under any

collective bargaining agreement. The rights and remedies in this

section may not be waived by any agreement, policy, form, or

condition of employment.

(h) DISCLOSURE OF IDENTITY.—

(1) Except as provided in paragraph (2) of this subsection,

or with the written consent of the employee, the Secretary

of Transportation or the Secretary of Homeland Security may

not disclose the name of an employee who has provided information described in subsection (a)(1).

(2) The Secretary of Transportation or the Secretary of

Homeland Security shall disclose to the Attorney General the

name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for

enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if

disclosure of that person’s identity or identifying information

is to occur.

(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE

DEPARTMENT OF HOMELAND SECURITY.—

(1) ESTABLISHMENT OF PROCESS.—The Secretary shall

establish through regulations after an opportunity for notice

and comment, and provide information to the public regarding,

a process by which any person may submit a report to the

Secretary regarding public transportation security problems,

deficiencies, or vulnerabilities.

(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted

under paragraph (1) identifies the person making the report,

the Secretary shall respond promptly to such person and

acknowledge receipt of the report.

(3) STEPS TO ADDRESS PROBLEM.—The Secretary shall

review and consider the information provided in any report

submitted under paragraph (1) and shall take appropriate steps

to address any problems or deficiencies identified.

SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC TRANSPORTATION.

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) SECURITY BACKGROUND CHECK.—The term ‘‘security

background check’’ means reviewing the following for the purpose of identifying individuals who may pose a threat to

transportation security, national security, or of terrorism:

(A) Relevant criminal history databases.

6 USC 1143.

Regulations.

Notice.

Public

information.

Notification.

121 STAT. 420 PUBLIC LAW 110–53—AUG. 3, 2007

(B) In the case of an alien (as defined in section 101

of the Immigration and Nationality Act (8 U.S.C.

1101(a)(3))), the relevant databases to determine the status

of the alien under the immigration laws of the United

States.

(C) Other relevant information or databases, as determined by the Secretary.

(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’

means an employee of a public transportation agency or a

contractor or subcontractor of a public transportation agency.

(b) GUIDANCE.—

(1) Any guidance, recommendations, suggested action

items, or any other widely disseminated voluntary action item

issued by the Secretary to a public transportation agency or

a contractor or subcontractor of a public transportation agency

relating to performing a security background check of a covered

individual shall contain recommendations on the appropriate

scope and application of such a security background check,

including the time period covered, the types of disqualifying

offenses, and a redress process for adversely impacted covered

individuals consistent with subsections (c) and (d) of this section.

(2) Not later than 60 days after the date of enactment

of this Act, any guidance, recommendations, suggested action

items, or any other widely disseminated voluntary action item

issued by the Secretary prior to the date of enactment of this

Act to a public transportation agency or a contractor or subcontractor of a public transportation agency relating to performing

a security background check of a covered individual shall be

updated in compliance with paragraph (b)(1).

(3) If a public transportation agency or a contractor or

subcontractor of a public transportation agency performs a security background check on a covered individual to fulfill guidance

issued by the Secretary under paragraph (1) or (2), the Secretary shall not consider such guidance fulfilled unless an adequate redress process as described in subsection (d) is provided

to covered individuals.

(c) REQUIREMENTS.—If the Secretary issues a rule, regulation

or directive requiring a public transportation agency or contractor

or subcontractor of a public transportation agency to perform a

security background check of a covered individual, then the Secretary shall prohibit a public transportation agency or contractor

or subcontractor of a public transportation agency from making

an adverse employment decision, including removal or suspension

of the employee, due to such rule, regulation, or directive with

respect to a covered individual unless the public transportation

agency or contractor or subcontractor of a public transportation

agency determines that the covered individual—

(1) has been convicted of, has been found not guilty of

by reason of insanity, or is under want, warrant, or indictment

for a permanent disqualifying criminal offense listed in part

1572 of title 49, Code of Federal Regulations;

(2) was convicted of or found not guilty by reason of insanity

of an interim disqualifying criminal offense listed in part 1572

of title 49, Code of Federal Regulations, within 7 years of

the date that the public transportation agency or contractor

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 421

or subcontractor of the public transportation agency performs

the security background check; or

(3) was incarcerated for an interim disqualifying criminal

offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the

date that the public transportation agency or contractor or

subcontractor of a public transportation agency performs the

security background check.

(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or directive requiring a public transportation agency or contractor or subcontractor of a public transportation agency to perform

a security background check of a covered individual, the Secretary

shall—

(1) provide an adequate redress process for a covered individual subjected to an adverse employment decision, including

removal or suspension of the employee, due to such rule, regulation, or directive that is consistent with the appeals and waiver

process established for applicants for commercial motor vehicle

hazardous materials endorsements and transportation workers

at ports, as required by section 70105(c) of title 49, United

States Code; and

(2) have the authority to order an appropriate remedy,

including reinstatement of the covered individual, should the

Secretary determine that a public transportation agency or

contractor or subcontractor of a public transportation agency

wrongfully made an adverse employment decision regarding

a covered individual pursuant to such rule, regulation, or directive.

(e) FALSE STATEMENTS.—A public transportation agency or a

contractor or subcontractor of a public transportation agency may

not knowingly misrepresent to an employee or other relevant person, including an arbiter involved in a labor arbitration, the scope,

application, or meaning of any rules, regulations, directives, or

guidance issued by the Secretary related to security background

check requirements for covered individuals when conducting a security background check. Not later than 1 year after the date of

enactment of this Act, the Secretary shall issue a regulation that

prohibits a public transportation agency or a contractor or subcontractor of a public transportation agency from knowingly misrepresenting to an employee or other relevant person, including an

arbiter involved in a labor arbitration, the scope, application, or

meaning of any rules, regulations, directives, or guidance issued

by the Secretary related to security background check requirements

for covered individuals when conducting a security background

check.

(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall

be construed to abridge a public transportation agency’s or a contractor or subcontractor of a public transportation agency’s rights

or responsibilities to make adverse employment decisions permitted

by other Federal, State, or local laws. Nothing in the section shall

be construed to abridge rights and responsibilities of covered

individuals, a public transportation agency, or a contractor or subcontractor of a public transportation agency under any other Federal, State, or local laws or collective bargaining agreement.

(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in

this section shall be construed to preempt a Federal, State, or

local law that requires criminal history background checks,

Deadline.

Regulations.

121 STAT. 422 PUBLIC LAW 110–53—AUG. 3, 2007

immigration status checks, or other background checks of covered

individuals.

(h) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to affect the process for review established under

section 70105(c) of title 46, United States Code, including regulations issued pursuant to such section.

SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.

(a) INSPECTORS.—Surface transportation inspectors shall be

prohibited from issuing fines to public transportation agencies for

violations of the Department’s regulations or orders except through

the process described in subsection (b).

(b) CIVIL PENALTIES.—The Secretary shall be prohibited from

assessing civil penalties against public transportation agencies for

violations of the Department’s regulations or orders, except in

accordance with the following:

(1) In the case of a public transportation agency that is

found to be in violation of a regulation or order issued by

the Secretary, the Secretary shall seek correction of the violation through a written notice to the public transportation

agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary.

(2) If the public transportation agency does not correct

the violation or propose an alternative means of compliance

acceptable to the Secretary within a reasonable time period

that is specified in the written notice, the Secretary may take

any action authorized in section 114 of title 49, United States

Code, as amended by this Act.

(c) LIMITATION ON SECRETARY.—The Secretary shall not initiate

civil enforcement actions for violations of administrative and procedural requirements pertaining to the application for and expenditure of funds awarded under transportation security grant programs

under this title.

TITLE XV—SURFACE TRANSPORTATION

SECURITY

Subtitle A—General Provisions

SEC. 1501. DEFINITIONS.

In this title, the following definitions apply:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Commerce, Science, and Transportation and the Committee

on Homeland Security and Governmental Affairs of the Senate

and the Committee on Homeland Security and the Committee

on Transportation and Infrastructure of the House of Representatives.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Homeland Security.

(3) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Homeland Security.

6 USC 1151.

Notice.

6 USC 1144.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 423

(4) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’

means a bus characterized by an elevated passenger deck

located over a baggage compartment.

(5) OVER-THE-ROAD BUS FRONTLINE EMPLOYEES.—In this

section, the term ‘‘over-the-road bus frontline employees’’ means

over-the-road bus drivers, security personnel, dispatchers,

maintenance and maintenance support personnel, ticket agents,

other terminal employees, and other employees of an overthe-road bus operator or terminal owner or operator that the

Secretary determines should receive security training under

this title.

(6) RAILROAD FRONTLINE EMPLOYEES.—In this section, the

term ‘‘railroad frontline employees’’ means security personnel,

dispatchers, locomotive engineers, conductors, trainmen, other

onboard employees, maintenance and maintenance support personnel, bridge tenders, and any other employees of railroad

carriers that the Secretary determines should receive security

training under this title.

(7) RAILROAD.—The term ‘‘railroad’’ has the meaning that

term has in section 20102 of title 49, United States Code.

(8) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has

the meaning that term has in section 20102 of title 49, United

States Code.

(9) STATE.—The term ‘‘State’’ means any one of the 50

States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, the Virgin Islands, Guam, American Samoa,

and any other territory or possession of the United States.

(10) TERRORISM.—The term ‘‘terrorism’’ has the meaning

that term has in section 2 of the Homeland Security Act of

2002 (6 U.S.C. 101).

(11) TRANSPORTATION.—The term ‘‘transportation’’, as used

with respect to an over-the-road bus, means the movement

of passengers or property by an over-the-road bus—

(A) in the jurisdiction of the United States between

a place in a State and a place outside the State (including

a place outside the United States); or

(B) in a State that affects trade, traffic, and transportation described in subparagraph (A).

(12) UNITED STATES.—The term ‘‘United States’’ means the

50 States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, the Virgin Islands, Guam, American Samoa,

and any other territory or possession of the United States.

(13) SECURITY-SENSITIVE MATERIAL.—The term ‘‘securitysensitive material’’ means a material, or a group or class of

material, in a particular amount and form that the Secretary,

in consultation with the Secretary of Transportation, determines, through a rulemaking with opportunity for public comment, poses a significant risk to national security while being

transported in commerce due to the potential use of the material in an act of terrorism. In making such a designation,

the Secretary shall, at a minimum, consider the following:

(A) Class 7 radioactive materials.

(B) Division 1.1, 1.2, or 1.3 explosives.

(C) Materials poisonous or toxic by inhalation,

including Division 2.3 gases and Division 6.1 materials.

121 STAT. 424 PUBLIC LAW 110–53—AUG. 3, 2007

(D) A select agent or toxin regulated by the Centers

for Disease Control and Prevention under part 73 of title

42, Code of Federal Regulations.

(14) DISADVANTAGED BUSINESS CONCERNS.—The term ‘‘disadvantaged business concerns’’ means small businesses that

are owned and controlled by socially and economically disadvantaged individuals as defined in section 124, of title 13, Code

of Federal Regulations.

(15) AMTRAK.—The term ‘‘Amtrak’’ means the National

Railroad Passenger Corporation.

SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.

(a) SECRETARIAL OVERSIGHT.—The Secretary, in coordination

with Secretary of Transportation for grants awarded to Amtrak,

shall establish necessary procedures, including monitoring and

audits, to ensure that grants made under this title are expended

in accordance with the purposes of this title and the priorities

and other criteria developed by the Secretary.

(b) ADDITIONAL AUDITS AND REVIEWS.—The Secretary, and the

Secretary of Transportation for grants awarded to Amtrak, may

award contracts to undertake additional audits and reviews of

the safety, security, procurement, management, and financial

compliance of a recipient of amounts under this title.

(c) PROCEDURES FOR GRANT AWARD.—Not later than 180 days

after the date of enactment of this Act, the Secretary shall prescribe

procedures and schedules for the awarding of grants under this

title, including application and qualification procedures, and a

record of decision on applicant eligibility. The procedures shall

include the execution of a grant agreement between the grant

recipient and the Secretary and shall be consistent, to the extent

practicable, with the grant procedures established under section

70107(i) and (j) of title 46, United States Code.

(d) ADDITIONAL AUTHORITY.—

(1) ISSUANCE.—The Secretary may issue non-binding letters

of intent to recipients of a grant under this title, to commit

funding from future budget authority of an amount, not more

than the Federal Government’s share of the project’s cost, for

a capital improvement project.

(2) SCHEDULE.—The letter of intent under this subsection

shall establish a schedule under which the Secretary will

reimburse the recipient for the Government’s share of the

project’s costs, as amounts become available, if the recipient,

after the Secretary issues that letter, carries out the project

without receiving amounts under a grant issued under this

title.

(3) NOTICE TO SECRETARY.—A recipient that has been

issued a letter of intent under this section shall notify the

Secretary of the recipient’s intent to carry out a project before

the project begins.

(4) NOTICE TO CONGRESS.—The Secretary shall transmit

to the appropriate congressional committees a written notification at least 5 days before the issuance of a letter of intent

under this subsection.

(5) LIMITATIONS.—A letter of intent issued under this subsection is not an obligation of the Federal Government under

section 1501 of title 31, United States Code, and the letter

is not deemed to be an administrative commitment for

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 425

financing. An obligation or administrative commitment may

be made only as amounts are provided in authorization and

appropriations laws.

(e) RETURN OF MISSPENT GRANT FUNDS.—As part of the grant

agreement under subsection (c), the Secretary shall require grant

applicants to return any misspent grant funds received under this

title that the Secretary considers to have been spent for a purpose

other than those specified in the grant award. The Secretary shall

take all necessary actions to recover such funds.

(f) CONGRESSIONAL NOTIFICATION.—Not later than 5 days before

the award of any grant is made under this title, the Secretary

shall notify the appropriate congressional committees of the intent

to award such grant.

(g) GUIDELINES.—The Secretary shall ensure, to the extent

practicable, that grant recipients under this title who use contractors or subcontractors use small, minority, women-owned, or disadvantaged business concerns as contractors or subcontractors when

appropriate.

SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.

(a) TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZA- TION.—Section 114 of title 49, United States Code, as amended

by section 1302 of this Act, is further amended by adding at the

end the following:

‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Homeland Security

for—

‘‘(1) railroad security— ‘‘(A) $488,000,000 for fiscal year 2008;

‘‘(B) $483,000,000 for fiscal year 2009;

‘‘(C) $508,000,000 for fiscal year 2010; and

‘‘(D) $508,000,000 for fiscal year 2011;

‘‘(2) over-the-road bus and trucking security— ‘‘(A) $14,000,000 for fiscal year 2008;

‘‘(B) $27,000,000 for fiscal year 2009;

‘‘(C) $27,000,000 for fiscal year 2010; and

‘‘(D) $27,000,000 for fiscal year 2011; and

‘‘(3) hazardous material and pipeline security— ‘‘(A) $12,000,000 for fiscal year 2008;

‘‘(B) $12,000,000 for fiscal year 2009; and

‘‘(C) $12,000,000 for fiscal year 2010.’’.

(b) DEPARTMENT OF TRANSPORTATION.—There are authorized

to be appropriated to the Secretary of Transportation to carry

out section 1515—

(1) $38,000,000 for fiscal year 2008;

(2) $40,000,000 for fiscal year 2009;

(3) $55,000,000 for fiscal year 2010; and

(4) $70,000,000 for fiscal year 2011.

SEC. 1504. PUBLIC AWARENESS.

Not later than 180 days after the date of enactment of this

Act, the Secretary shall develop a national plan for railroad and

over-the-road bus security public outreach and awareness. Such

a plan shall be designed to increase awareness of measures that

the general public, passengers, and employees of railroad carriers

and over-the-road bus operators can take to increase the security

of the national railroad and over-the-road bus transportation systems. Such a plan shall also provide outreach to railroad carriers

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121 STAT. 426 PUBLIC LAW 110–53—AUG. 3, 2007

and over-the-road bus operators and their employees to improve

their awareness of available technologies, ongoing research and

development efforts, and available Federal funding sources to

improve security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed

under this section.

Subtitle B—Railroad Security

SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT

AND NATIONAL STRATEGY.

(a) RISK ASSESSMENT.—The Secretary shall establish a Federal

task force, including the Transportation Security Administration

and other agencies within the Department, the Department of

Transportation, and other appropriate Federal agencies, to complete, within 6 months of the date of enactment of this Act, a

nationwide risk assessment of a terrorist attack on railroad carriers.

The assessment shall include—

(1) a methodology for conducting the risk assessment,

including timelines, that addresses how the Department will

work with the entities described in subsection (c) and make

use of existing Federal expertise within the Department, the

Department of Transportation, and other appropriate agencies;

(2) identification and evaluation of critical assets and infrastructure, including tunnels used by railroad carriers in highthreat urban areas;

(3) identification of risks to those assets and infrastructure;

(4) identification of risks that are specific to the transportation of hazardous materials via railroad;

(5) identification of risks to passenger and cargo security,

transportation infrastructure protection systems, operations,

communications systems, and any other area identified by the

assessment;

(6) an assessment of employee training and emergency

response planning;

(7) an assessment of public and private operational recovery

plans, taking into account the plans for the maritime sector

required under section 70103 of title 46, United States Code,

to expedite, to the maximum extent practicable, the return

of an adversely affected railroad transportation system or

facility to its normal performance level after a major terrorist

attack or other security event on that system or facility; and

(8) an account of actions taken or planned by both public

and private entities to address identified railroad security

issues and an assessment of the effective integration of such

actions.

(b) NATIONAL STRATEGY.—

(1) REQUIREMENT.—Not later than 9 months after the date

of enactment of this Act and based upon the assessment conducted under subsection (a), the Secretary, consistent with

and as required by section 114(t) of title 49, United States

Code, shall develop and implement the modal plan for railroad

transportation, entitled the ‘‘National Strategy for Railroad

Transportation Security’’.

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Establishment.

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 427

(2) CONTENTS.—The modal plan shall include prioritized

goals, actions, objectives, policies, mechanisms, and schedules

for, at a minimum—

(A) improving the security of railroad tunnels, railroad

bridges, railroad switching and car storage areas, other

railroad infrastructure and facilities, information systems,

and other areas identified by the Secretary as posing

significant railroad-related risks to public safety and the

movement of interstate commerce, taking into account the

impact that any proposed security measure might have

on the provision of railroad service or on operations served

or otherwise affected by railroad service;

(B) deploying equipment and personnel to detect security threats, including those posed by explosives and hazardous chemical, biological, and radioactive substances, and

any appropriate countermeasures;

(C) consistent with section 1517, training railroad

employees in terrorism prevention, preparedness, passenger evacuation, and response activities;

(D) conducting public outreach campaigns for railroads

regarding security, including educational initiatives

designed to inform the public on how to prevent, prepare

for, respond to, and recover from a terrorist attack on

railroad transportation;

(E) providing additional railroad security support for

railroads at high or severe threat levels of alert;

(F) ensuring, in coordination with freight and intercity

and commuter passenger railroads, the continued movement of freight and passengers in the event of an attack

affecting the railroad system, including the possibility of

rerouting traffic due to the loss of critical infrastructure,

such as a bridge, tunnel, yard, or station;

(G) coordinating existing and planned railroad security

initiatives undertaken by the public and private sectors;

(H) assessing—

(i) the usefulness of covert testing of railroad security systems;

(ii) the ability to integrate security into infrastructure design; and

(iii) the implementation of random searches of passengers and baggage; and

(I) identifying the immediate and long-term costs of

measures that may be required to address those risks

and public and private sector sources to fund such measures.

(3) RESPONSIBILITIES.—The Secretary shall include in the

modal plan a description of the roles, responsibilities, and

authorities of Federal, State, and local agencies, governmentsponsored entities, tribal governments, and appropriate stakeholders described in subsection (c). The plan shall also include—

(A) the identification of, and a plan to address, gaps

and unnecessary overlaps in the roles, responsibilities, and

authorities described in this paragraph;

(B) a methodology for how the Department will work

with the entities described in subsection (c), and make

use of existing Federal expertise within the Department,

121 STAT. 428 PUBLIC LAW 110–53—AUG. 3, 2007

the Department of Transportation, and other appropriate

agencies;

(C) a process for facilitating security clearances for

the purpose of intelligence and information sharing with

the entities described in subsection (c), as appropriate;

(D) a strategy and timeline, coordinated with the

research and development program established under section 1518, for the Department, the Department of Transportation, other appropriate Federal agencies and private entities to research and develop new technologies for securing

railroad systems; and

(E) a process for coordinating existing or future security

strategies and plans for railroad transportation, including

the National Infrastructure Protection Plan required by

Homeland Security Presidential Directive–7; Executive

Order No. 13416: ‘‘Strengthening Surface Transportation

Security’’ dated December 5, 2006; the Memorandum of

Understanding between the Department and the Department of Transportation on Roles and Responsibilities dated

September 28, 2004, and any and all subsequent annexes

to this Memorandum of Understanding, and any other

relevant agreements between the two Departments.

(c) CONSULTATION WITH STAKEHOLDERS.—In developing the

National Strategy required under this section, the Secretary shall

consult with railroad management, nonprofit employee organizations representing railroad employees, owners or lessors of railroad

cars used to transport hazardous materials, emergency responders,

offerors of security-sensitive materials, public safety officials, and

other relevant parties.

(d) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the risk assessment and National Strategy required under

this section, the Secretary shall utilize relevant existing plans,

strategies, and risk assessments developed by the Department or

other Federal agencies, including those developed or implemented

pursuant to section 114(t) of title 49, United States Code, or Homeland Security Presidential Directive–7, and, as appropriate, assessments developed by other public and private stakeholders.

(e) REPORT.—

(1) CONTENTS.—Not later than 1 year after the date of

enactment of this Act, the Secretary shall transmit to the

appropriate congressional committees a report containing—

(A) the assessment and the National Strategy required

by this section; and

(B) an estimate of the cost to implement the National

Strategy.

(2) FORMAT.—The Secretary may submit the report in both

classified and redacted formats if the Secretary determines

that such action is appropriate or necessary.

(f) ANNUAL UPDATES.—Consistent with the requirements of section 114(t) of title 49, United States Code, the Secretary shall

update the assessment and National Strategy each year and

transmit a report, which may be submitted in both classified and

redacted formats, to the appropriate congressional committees containing the updated assessment and recommendations.

(g) FUNDING.—Out of funds appropriated pursuant to section

114(w) of title 49, United States Code, as amended by section

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 429

1503 of this title, there shall be made available to the Secretary

to carry out this section $5,000,000 for fiscal year 2008.

SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.

(a) IN GENERAL.—Not later than 12 months after the date

of enactment of this Act, the Secretary shall issue regulations

that—

(1) require each railroad carrier assigned to a high-risk

tier under this section to—

(A) conduct a vulnerability assessment in accordance

with subsections (c) and (d); and

(B) to prepare, submit to the Secretary for approval,

and implement a security plan in accordance with this

section that addresses security performance requirements;

and

(2) establish standards and guidelines, based on and consistent with the risk assessment and National Strategy for

Railroad Transportation Security developed under section 1511,

for developing and implementing the vulnerability assessments

and security plans for railroad carriers assigned to high-risk

tiers.

(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish

a security program for railroad carriers not assigned to a highrisk tier, including—

(1) guidance for such carriers in conducting vulnerability

assessments and preparing and implementing security plans,

as determined appropriate by the Secretary; and

(2) a process to review and approve such assessments and

plans, as appropriate.

(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after

the date of issuance of the regulations under subsection (a), the

vulnerability assessments and security plans required by such regulations for railroad carriers assigned to a high-risk tier shall be

completed and submitted to the Secretary for review and approval.

(d) VULNERABILITY ASSESSMENTS.—

(1) REQUIREMENTS.—The Secretary shall provide technical

assistance and guidance to railroad carriers in conducting

vulnerability assessments under this section and shall require

that each vulnerability assessment of a railroad carrier assigned

to a high-risk tier under this section, include, as applicable—

(A) identification and evaluation of critical railroad

carrier assets and infrastructure, including platforms, stations, intermodal terminals, tunnels, bridges, switching and

storage areas, and information systems as appropriate;

(B) identification of the vulnerabilities to those assets

and infrastructure;

(C) identification of strengths and weaknesses in—

(i) physical security;

(ii) passenger and cargo security, including the

security of security-sensitive materials being transported by railroad or stored on railroad property;

(iii) programmable electronic devices, computers,

or other automated systems which are used in providing the transportation;

(iv) alarms, cameras, and other protection systems;

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121 STAT. 430 PUBLIC LAW 110–53—AUG. 3, 2007

(v) communications systems and utilities needed

for railroad security purposes, including dispatching

and notification systems;

(vi) emergency response planning;

(vii) employee training; and

(viii) such other matters as the Secretary determines appropriate; and

(D) identification of redundant and backup systems

required to ensure the continued operation of critical elements of a railroad carrier’s system in the event of an

attack or other incident, including disruption of commercial

electric power or communications network.

(2) THREAT INFORMATION.—The Secretary shall provide in

a timely manner to the appropriate employees of a railroad

carrier, as designated by the railroad carrier, threat information

that is relevant to the carrier when preparing and submitting

a vulnerability assessment and security plan, including an

assessment of the most likely methods that could be used

by terrorists to exploit weaknesses in railroad security.

(e) SECURITY PLANS.—

(1) REQUIREMENTS.—The Secretary shall provide technical

assistance and guidance to railroad carriers in preparing and

implementing security plans under this section, and shall

require that each security plan of a railroad carrier assigned

to a high-risk tier under this section include, as applicable—

(A) identification of a security coordinator having

authority—

(i) to implement security actions under the plan;

(ii) to coordinate security improvements; and

(iii) to receive immediate communications from

appropriate Federal officials regarding railroad security;

(B) a list of needed capital and operational improvements;

(C) procedures to be implemented or used by the railroad carrier in response to a terrorist attack, including

evacuation and passenger communication plans that

include individuals with disabilities as appropriate;

(D) identification of steps taken with State and local

law enforcement agencies, emergency responders, and Federal officials to coordinate security measures and plans

for response to a terrorist attack;

(E) a strategy and timeline for conducting training

under section 1517;

(F) enhanced security measures to be taken by the

railroad carrier when the Secretary declares a period of

heightened security risk;

(G) plans for providing redundant and backup systems

required to ensure the continued operation of critical elements of the railroad carrier’s system in the event of a

terrorist attack or other incident;

(H) a strategy for implementing enhanced security for

shipments of security-sensitive materials, including plans

for quickly locating and securing such shipments in the

event of a terrorist attack or security incident; and

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 431

(I) such other actions or procedures as the Secretary

determines are appropriate to address the security of railroad carriers.

(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary

shall require that the individual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United

States. The Secretary may waive this requirement with respect

to an individual if the Secretary determines that it is appropriate to do so based on a background check of the individual

and a review of the consolidated terrorist watchlist.

(3) CONSISTENCY WITH OTHER PLANS.—The Secretary shall

ensure that the security plans developed by railroad carriers

under this section are consistent with the risk assessment

and National Strategy for Railroad Transportation Security

developed under section 1511.

(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months

after receiving the assessments and plans required under this section, the Secretary shall—

(1) review each vulnerability assessment and security plan

submitted to the Secretary in accordance with subsection (c);

(2) require amendments to any security plan that does

not meet the requirements of this section; and

(3) approve any vulnerability assessment or security plan

that meets the requirements of this section.

(g) INTERIM SECURITY MEASURES.—The Secretary may require

railroad carriers, during the period before the deadline established

under subsection (c), to submit a security plan under subsection

(e) to implement any necessary interim security measures essential

to providing adequate security of the railroad carrier’s system.

An interim plan required under this subsection will be superseded

by a plan required under subsection (e).

(h) TIER ASSIGNMENT.—Utilizing the risk assessment and

National Strategy for Railroad Transportation Security required

under section 1511, the Secretary shall assign each railroad carrier

to a risk-based tier established by the Secretary:

(1) PROVISION OF INFORMATION.—The Secretary may

request, and a railroad carrier shall provide, information necessary for the Secretary to assign a railroad carrier to the

appropriate tier under this subsection.

(2) NOTIFICATION.—Not later than 60 days after the date

a railroad carrier is assigned to a tier under this subsection,

the Secretary shall notify the railroad carrier of the tier to

which it is assigned and the reasons for such assignment.

(3) HIGH-RISK TIERS.—At least one of the tiers established

by the Secretary under this subsection shall be designated

a tier for high-risk railroad carriers.

(4) REASSIGNMENT.—The Secretary may reassign a railroad

carrier to another tier, as appropriate, in response to changes

in risk. The Secretary shall notify the railroad carrier not

later than 60 days after such reassignment and provide the

railroad carrier with the reasons for such reassignment.

(i) NONDISCLOSURE OF INFORMATION.—

(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing

in this section shall be construed as authorizing the withholding

of any information from Congress.

(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA- TION.—Nothing in this section shall be construed as affecting

Notification.

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121 STAT. 432 PUBLIC LAW 110–53—AUG. 3, 2007

any authority or obligation of a Federal agency to disclose

any record or information that the Federal agency obtains

from a railroad carrier under any other Federal law.

(j) EXISTING PROCEDURES, PROTOCOLS AND STANDARDS.— (1) DETERMINATION.—In response to a petition by a railroad

carrier or at the discretion of the Secretary, the Secretary

may determine that existing procedures, protocols, and standards meet all or part of the requirements of this section,

including regulations issued under subsection (a), regarding

vulnerability assessments and security plans.

(2) ELECTION.—Upon review and written determination by

the Secretary that existing procedures, protocols, or standards

of a railroad carrier satisfy the requirements of this section,

the railroad carrier may elect to comply with those procedures,

protocols, or standards instead of the requirements of this

section.

(3) PARTIAL APPROVAL.—If the Secretary determines that

the existing procedures, protocols, or standards of a railroad

carrier satisfy only part of the requirements of this section,

the Secretary may accept such submission, but shall require

submission by the railroad carrier of any additional information

relevant to the vulnerability assessment and security plan of

the railroad carrier to ensure that the remaining requirements

of this section are fulfilled.

(4) NOTIFICATION.—If the Secretary determines that particular existing procedures, protocols, or standards of a railroad

carrier under this subsection do not satisfy the requirements

of this section, the Secretary shall provide to the railroad carrier

a written notification that includes an explanation of the determination.

(5) REVIEW.—Nothing in this subsection shall relieve the

Secretary of the obligation—

(A) to review the vulnerability assessment and security

plan submitted by a railroad carrier under this section;

and

(B) to approve or disapprove each submission on an

individual basis.

(k) PERIODIC EVALUATION BY RAILROAD CARRIERS REQUIRED.—

(1) SUBMISSION OF EVALUATION.—Not later than 3 years

after the date on which a vulnerability assessment or security

plan required to be submitted to the Secretary under subsection

(c) is approved, and at least once every 5 years thereafter

(or on such a schedule as the Secretary may establish by

regulation), a railroad carrier who submitted a vulnerability

assessment and security plan and who is still assigned to

the high-risk tier must also submit to the Secretary an evaluation of the adequacy of the vulnerability assessment and security plan that includes a description of any material changes

made to the vulnerability assessment or security plan.

(2) REVIEW OF EVALUATION.—Not later than 180 days after

the date on which an evaluation is submitted, the Secretary

shall review the evaluation and notify the railroad carrier

submitting the evaluation of the Secretary’s approval or disapproval of the evaluation.

(l) SHARED FACILITIES.—The Secretary may permit under this

section the development and implementation of coordinated vulnerability assessments and security plans to the extent that a railroad

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 433

carrier shares facilities with, or is colocated with, other transportation entities or providers that are required to develop vulnerability

assessments and security plans under Federal law.

(m) CONSULTATION.—In carrying out this section, the Secretary

shall consult with railroad carriers, nonprofit employee labor

organizations representation railroad employees, and public safety

and law enforcement officials.

SEC. 1513. RAILROAD SECURITY ASSISTANCE.

(a) SECURITY IMPROVEMENT GRANTS.—(1) The Secretary, in consultation with the Administrator of the Transportation Security

Administration and other appropriate agencies or officials, is

authorized to make grants to railroad carriers, the Alaska Railroad,

security-sensitive materials offerors who ship by railroad, owners

of railroad cars used in the transportation of security-sensitive

materials, State and local governments (for railroad passenger facilities and infrastructure not owned by Amtrak), and Amtrak for

intercity passenger railroad and freight railroad security improvements described in subsection (b) as approved by the Secretary.

(2) A railroad carrier is eligible for a grant under this section

if the carrier has completed a vulnerability assessment and developed a security plan that the Secretary has approved in accordance

with section 1512.

(3) A recipient of a grant under this section may use grant

funds only for permissible uses under subsection (b) to further

a railroad security plan that meets the requirements of paragraph

(2).

(4) Notwithstanding the requirement for eligibility and uses

of funds in paragraphs (2) and (3), a railroad carrier is eligible

for a grant under this section if the applicant uses the funds

solely for the development of assessments or security plans under

section 1512.

(5) Notwithstanding the requirements for eligibility and uses

of funds in paragraphs (2) and (3), prior to the earlier of 1 year

after the date of issuance of final regulations requiring vulnerability

assessments and security plans under section 1512 or 3 years

after the date of enactment of this Act, the Secretary may award

grants under this section for rail security improvements listed under

subsection (b) based upon railroad carrier vulnerability assessments

and security plans that the Secretary determines are sufficient

for the purposes of this section but have not been approved by

the Secretary in accordance with section 1512.

(b) USES OF FUNDS.—A recipient of a grant under this section

shall use the grant funds for one or more of the following:

(1) Security and redundancy for critical communications,

computer, and train control systems essential for secure railroad operations.

(2) Accommodation of railroad cargo or passenger security

inspection facilities, related infrastructure, and operations at

or near United States international borders or other ports

of entry.

(3) The security of security-sensitive materials transportation by railroad.

(4) Chemical, biological, radiological, or explosive detection,

including canine patrols for such detection.

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121 STAT. 434 PUBLIC LAW 110–53—AUG. 3, 2007

(5) The security of intercity passenger railroad stations,

trains, and infrastructure, including security capital improvement projects that the Secretary determines enhance railroad

station security.

(6) Technologies to reduce the vulnerabilities of railroad

cars, including structural modification of railroad cars transporting security-sensitive materials to improve their resistance

to acts of terrorism.

(7) The sharing of intelligence and information about security threats.

(8) To obtain train tracking and communications equipment, including equipment that is interoperable with Federal,

State, and local agencies and tribal governments.

(9) To hire, train, and employ police and security officers,

including canine units, assigned to full-time security or

counterterrorism duties related to railroad transportation.

(10) Overtime reimbursement, including reimbursement of

State, local, and tribal governments for costs, for enhanced

security personnel assigned to duties related to railroad security

during periods of high or severe threat levels and National

Special Security Events or other periods of heightened security

as determined by the Secretary.

(11) Perimeter protection systems, including access control,

installation of improved lighting, fencing, and barricades at

railroad facilities.

(12) Tunnel protection systems.

(13) Passenger evacuation and evacuation-related capital

improvements.

(14) Railroad security inspection technologies, including

verified visual inspection technologies using hand-held readers.

(15) Surveillance equipment.

(16) Cargo or passenger screening equipment.

(17) Emergency response equipment, including fire suppression and decontamination equipment, personal protective equipment, and defibrillators.

(18) Operating and capital costs associated with security

awareness, preparedness, and response training, including

training under section 1517, and training developed by universities, institutions of higher education, and nonprofit employee

labor organizations, for railroad employees, including frontline

employees.

(19) Live or simulated exercises, including exercises

described in section 1516.

(20) Public awareness campaigns for enhanced railroad

security.

(21) Development of assessments or security plans under

section 1512.

(22) Other security improvements—

(A) identified, required, or recommended under sections

1511 and 1512, including infrastructure, facilities, and

equipment upgrades; or

(B) that the Secretary considers appropriate.

(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—

In carrying out the responsibilities under subsection (a), the Secretary shall—

(1) determine the requirements for recipients of grants;

(2) establish priorities for uses of funds for grant recipients;

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 435

(3) award the funds authorized by this section based on

risk, as identified by the plans required under sections 1511

and 1512, or assessment or plan described in subsection (a)(5);

(4) take into account whether stations or facilities are

used by commuter railroad passengers as well as intercity

railroad passengers in reviewing grant applications;

(5) encourage non-Federal financial participation in projects

funded by grants; and

(6) not later than 5 business days after awarding a grant

to Amtrak under this section, transfer grant funds to the Secretary of Transportation to be disbursed to Amtrak.

(d) MULTIYEAR AWARDS.—Grant funds awarded under this section may be awarded for projects that span multiple years.

(e) LIMITATION ON USES OF FUNDS.—A grant made under this

section may not be used to make any State or local government

cost-sharing contribution under any other Federal law.

(f) ANNUAL REPORTS.—Each recipient of a grant under this

section shall report annually to the Secretary on the use of grant

funds.

(g) NON-FEDERAL MATCH STUDY.—Not later than 240 days

after the date of enactment of this Act, the Secretary shall provide

a report to the appropriate congressional committees on the feasibility and appropriateness of requiring a non-Federal match for

grants awarded to freight railroad carriers and other private entities

under this section.

(h) SUBJECT TO CERTAIN STANDARDS.—A recipient of a grant

under this section and sections 1514 and 1515 shall be required

to comply with the standards of section 24312 of title 49, United

States Code, as in effect on January 1, 2007, with respect to

the project in the same manner as Amtrak is required to comply

with such standards for construction work financed under an agreement made under section 24308(a) of that title.

(i) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—Out of funds appropriated pursuant to

section 114(w) of title 49, United States Code, as amended

by section 1503 of this title, there shall be made available

to the Secretary to carry out this section—

(A) $300,000,000 for fiscal year 2008;

(B) $300,000,000 for fiscal year 2009;

(C) $300,000,000 for fiscal year 2010; and

(D) $300,000,000 for fiscal year 2011.

(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry

out this section shall remain available until expended.

SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

(a) IN GENERAL.—

(1) GRANTS.—Subject to subsection (b), the Secretary, in

consultation with the Administrator of the Transportation Security Administration, is authorized to make grants to Amtrak

in accordance with the provisions of this section.

(2) GENERAL PURPOSES.—The Secretary may make such

grants for the purposes of—

(A) protecting underwater and underground assets and

systems;

(B) protecting high-risk and high-consequence assets

identified through systemwide risk assessments;

(C) providing counterterrorism or security training;

6 USC 1164.

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Reports.

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121 STAT. 436 PUBLIC LAW 110–53—AUG. 3, 2007

(D) providing both visible and unpredictable deterrence; and

(E) conducting emergency preparedness drills and exercises.

(3) SPECIFIC PROJECTS.—The Secretary shall make such

grants—

(A) to secure major tunnel access points and ensure

tunnel integrity in New York, New Jersey, Maryland, and

Washington, DC;

(B) to secure Amtrak trains;

(C) to secure Amtrak stations;

(D) to obtain a watchlist identification system approved

by the Secretary;

(E) to obtain train tracking and interoperable communications systems that are coordinated with Federal, State,

and local agencies and tribal governments to the maximum

extent possible;

(F) to hire, train, and employ police and security officers, including canine units, assigned to full-time security

or counterterrorism duties related to railroad transportation;

(G) for operating and capital costs associated with security awareness, preparedness, and response training,

including training under section 1517, and training developed by universities, institutions of higher education, and

nonprofit employee labor organizations, for railroad

employees, including frontline employees; and

(H) for live or simulated exercises, including exercises

described in section 1516.

(b) CONDITIONS.—The Secretary shall award grants to Amtrak

under this section for projects contained in a systemwide security

plan approved by the Secretary developed pursuant to section 1512.

Not later than 5 business days after awarding a grant to Amtrak

under this section, the Secretary shall transfer the grant funds

to the Secretary of Transportation to be disbursed to Amtrak.

(c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Secretary shall

ensure that, subject to meeting the highest security needs on

Amtrak’s entire system and consistent with the risk assessment

required under section 1511 and Amtrak’s vulnerability assessment

and security plan developed under section 1512, stations and facilities located outside of the Northeast Corridor receive an equitable

share of the security funds authorized by this section.

(d) AVAILABILITY OF FUNDS.—

(1) IN GENERAL.—Out of funds appropriated pursuant to

section 114(w) of title 49, United States Code, as amended

by section 1503 of this title, there shall be made available

to the Secretary and the Administrator of the Transportation

Security Administration to carry out this section—

(A) $150,000,000 for fiscal year 2008;

(B) $150,000,000 for fiscal year 2009;

(C) $175,000,000 for fiscal year 2010; and

(D) $175,000,000 for fiscal year 2011.

(2) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts

appropriated pursuant to paragraph (1) shall remain available

until expended.

Deadline.

Grants.

State listing.

District of

Columbia.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 437

SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.

(a) LIFE-SAFETY NEEDS.—There are authorized to be appropriated to the Secretary of Transportation for making grants to

Amtrak for the purpose of carrying out projects to make fire and

life safety improvements to Amtrak tunnels on the Northeast Corridor the following amounts:

(1) For the 6 New York and New Jersey tunnels to provide

ventilation, electrical, and fire safety technology improvements,

emergency communication and lighting systems, and emergency

access and egress for passengers— (A) $25,000,000 for fiscal year 2008;

(B) $30,000,000 for fiscal year 2009;

(C) $45,000,000 for fiscal year 2010; and

(D) $60,000,000 for fiscal year 2011.

(2) For the Baltimore Potomac Tunnel and the Union

Tunnel, together, to provide adequate drainage and ventilation,

communication, lighting, standpipe, and passenger egress

improvements— (A) $5,000,000 for fiscal year 2008;

(B) $5,000,000 for fiscal year 2009;

(C) $5,000,000 for fiscal year 2010; and

(D) $5,000,000 for fiscal year 2011.

(3) For the Union Station tunnels in the District of

Columbia to improve ventilation, communication, lighting, and

passenger egress improvements—

(A) $5,000,000 for fiscal year 2008;

(B) $5,000,000 for fiscal year 2009;

(C) $5,000,000 for fiscal year 2010; and

(D) $5,000,000 for fiscal year 2011.

(b) INFRASTRUCTURE UPGRADES.—Out of funds appropriated

pursuant to section 1503(b), there shall be made available to the

Secretary of Transportation for fiscal year 2008, $3,000,000 for

the preliminary design of options for a new tunnel on a different

alignment to augment the capacity of the existing Baltimore tunnels.

(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated pursuant to this section shall remain available until expended.

(d) PLANS REQUIRED.—The Secretary of Transportation may

not make amounts available to Amtrak for obligation or expenditure

under subsection (a)—

(1) until Amtrak has submitted to the Secretary of

Transportation, and the Secretary of Transportation has

approved, an engineering and financial plan for such projects;

and

(2) unless, for each project funded pursuant to this section,

the Secretary of Transportation has approved a project management plan prepared by Amtrak.

(e) REVIEW OF PLANS.—

(1) IN GENERAL.—The Secretary of Transportation shall

complete the review of a plan required under subsection (d)

and approve or disapprove the plan within 45 days after the

date on which each such plan is submitted by Amtrak.

(2) INCOMPLETE OR DEFICIENT PLAN.—If the Secretary of

Transportation determines that a plan is incomplete or deficient, the Secretary of Transportation shall notify Amtrak of

the incomplete items or deficiencies and Amtrak shall, within

30 days after receiving the Secretary of Transportation’s

Notification.

Deadlines.

Appropriation

authorization.

Grants.

State listing.

District of

Columbia.

6 USC 1165.

121 STAT. 438 PUBLIC LAW 110–53—AUG. 3, 2007

notification, submit a modified plan for the Secretary of

Transportation’s review.

(3) APPROVAL OF PLAN.—Within 15 days after receiving

additional information on items previously included in the plan,

and within 45 days after receiving items newly included in

a modified plan, the Secretary of Transportation shall either

approve the modified plan, or if the Secretary of Transportation

finds the plan is still incomplete or deficient, the Secretary

of Transportation shall—

(A) identify in writing to the appropriate congressional

committees the portions of the plan the Secretary finds

incomplete or deficient;

(B) approve all other portions of the plan;

(C) obligate the funds associated with those portions;

and

(D) execute an agreement with Amtrak within 15 days

thereafter on a process for resolving the remaining portions

of the plan.

(f) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL USERS.—

The Secretary of Transportation, taking into account the need for

the timely completion of all portions of the tunnel projects described

in subsection (a), shall—

(1) consider the extent to which railroad carriers other

than Amtrak use or plan to use the tunnels;

(2) consider the feasibility of seeking a financial contribution from those other railroad carriers toward the costs of

the projects; and

(3) obtain financial contributions or commitments from such

other railroad carriers at levels reflecting the extent of their

use or planned use of the tunnels, if feasible.

SEC. 1516. RAILROAD CARRIER EXERCISES.

(a) IN GENERAL.—The Secretary shall establish a program for

conducting security exercises for railroad carriers for the purpose

of assessing and improving the capabilities of entities described

in subsection (b) to prevent, prepare for, mitigate, respond to,

and recover from acts of terrorism.

(b) COVERED ENTITIES.—Entities to be assessed under the program shall include—

(1) Federal, State, and local agencies and tribal governments;

(2) railroad carriers;

(3) governmental and nongovernmental emergency

response providers, law enforcement agencies, and railroad and

transit police, as appropriate; and

(4) any other organization or entity that the Secretary

determines appropriate.

(c) REQUIREMENTS.—The Secretary shall ensure that the

program—

(1) consolidates existing security exercises for railroad carriers administered by the Department and the Department

of Transportation, as jointly determined by the Secretary and

the Secretary of Transportation, unless the Secretary waives

this consolidation requirement as appropriate;

(2) consists of exercises that are—

6 USC 1166.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 439

(A) scaled and tailored to the needs of the carrier,

including addressing the needs of the elderly and individuals with disabilities;

(B) live, in the case of the most at-risk facilities to

a terrorist attack;

(C) coordinated with appropriate officials;

(D) as realistic as practicable and based on current

risk assessments, including credible threats,

vulnerabilities, and consequences;

(E) inclusive, as appropriate, of railroad frontline

employees; and

(F) consistent with the National Incident Management

System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such

national initiatives;

(3) provides that exercises described in paragraph (2) will

be—

(A) evaluated by the Secretary against clear and consistent performance measures;

(B) assessed by the Secretary to identify best practices,

which shall be shared, as appropriate, with railroad carriers, nonprofit employee organizations that represent railroad carrier employees, Federal, State, local, and tribal

officials, governmental and nongovernmental emergency

response providers, law enforcement personnel, including

railroad carrier and transit police, and other stakeholders;

and

(C) used to develop recommendations, as appropriate,

from the Secretary to railroad carriers on remedial action

to be taken in response to lessons learned;

(4) allows for proper advanced notification of communities

and local governments in which exercises are held, as appropriate; and

(5) assists State, local, and tribal governments and railroad

carriers in designing, implementing, and evaluating additional

exercises that conform to the requirements of paragraph (1).

(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure

that the exercise program developed under subsection (c) is a component of the National Exercise Program established under section

648 of the Post Katrina Emergency Management Reform Act (Public

Law 109–295; 6 U.S.C. 748).

SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.

(a) IN GENERAL.—Not later than 6 months after the date of

enactment of this Act, the Secretary shall develop and issue regulations for a training program to prepare railroad frontline employees

for potential security threats and conditions. The regulations shall

take into consideration any current security training requirements

or best practices.

(b) CONSULTATION.—The Secretary shall develop the regulations

under subsection (a) in consultation with—

(1) appropriate law enforcement, fire service, emergency

response, security, and terrorism experts;

(2) railroad carriers;

(3) railroad shippers; and

Deadline.

Regulations.

6 USC 1167.

121 STAT. 440 PUBLIC LAW 110–53—AUG. 3, 2007

(4) nonprofit employee labor organizations representing

railroad employees or emergency response personnel.

(c) PROGRAM ELEMENTS.—The regulations developed under subsection (a) shall require security training programs described in

subsection (a) to include, at a minimum, elements to address the

following, as applicable:

(1) Determination of the seriousness of any occurrence or

threat.

(2) Crew and passenger communication and coordination.

(3) Appropriate responses to defend or protect oneself.

(4) Use of personal and other protective equipment.

(5) Evacuation procedures for passengers and railroad

employees, including individuals with disabilities and the

elderly.

(6) Psychology, behavior, and methods of terrorists,

including observation and analysis.

(7) Training related to psychological responses to terrorist

incidents, including the ability to cope with hijacker behavior

and passenger responses.

(8) Live situational training exercises regarding various

threat conditions, including tunnel evacuation procedures.

(9) Recognition and reporting of dangerous substances, suspicious packages, and situations.

(10) Understanding security incident procedures, including

procedures for communicating with governmental and nongovernmental emergency response providers and for on-scene

interaction with such emergency response providers.

(11) Operation and maintenance of security equipment and

systems.

(12) Other security training activities that the Secretary

considers appropriate.

(d) REQUIRED PROGRAMS.—

(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not

later than 90 days after the Secretary issues regulations under

subsection (a), each railroad carrier shall develop a security

training program in accordance with this section and submit

the program to the Secretary for approval.

(2) APPROVAL OR DISAPPROVAL.—Not later than 60 days

after receiving a security training program proposal under this

subsection, the Secretary shall approve the program or require

the railroad carrier that developed the program to make any

revisions to the program that the Secretary considers necessary

for the program to meet the requirements of this section. A

railroad carrier shall respond to the Secretary’s comments

within 30 days after receiving them.

(3) TRAINING.—Not later than 1 year after the Secretary

approves a security training program in accordance with this

subsection, the railroad carrier that developed the program

shall complete the training of all railroad frontline employees

who were hired by a carrier more than 30 days preceding

such date. For such employees employed less than 30 days

by a carrier preceding such date, training shall be completed

within the first 60 days of employment.

(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—

The Secretary shall periodically review and update as appropriate the training regulations issued under subsection (a) to

reflect new or changing security threats. Each railroad carrier

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 441

shall revise its training program accordingly and provide additional training as necessary to its frontline employees within

a reasonable time after the regulations are updated.

(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure

that the training program developed under subsection (a) is a

component of the National Training Program established under

section 648 of the Post Katrina Emergency Management Reform

Act (Public Law 109–295; 6 U.S.C. 748).

(f) REPORTING REQUIREMENTS.—Not later than 2 years after

the date of regulation issuance, the Secretary shall review

implementation of the training program of a representative sample

of railroad carriers and railroad frontline employees, and report

to the appropriate congressional committees on the number of

reviews conducted and the results of such reviews. The Secretary

may submit the report in both classified and redacted formats

as necessary.

(g) OTHER EMPLOYEES.—The Secretary shall issue guidance

and best practices for a railroad shipper employee security program

containing the elements listed under subsection (c).

SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.

(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary, acting through the Under Secretary for

Science and Technology and the Administrator of the Transportation

Security Administration, shall carry out a research and development

program for the purpose of improving the security of railroad

transportation systems.

(b) ELIGIBLE PROJECTS.—The research and development program may include projects—

(1) to reduce the vulnerability of passenger trains, stations,

and equipment to explosives and hazardous chemical, biological,

and radioactive substances, including the development of technology to screen passengers in large numbers at peak commuting times with minimal interference and disruption;

(2) to test new emergency response and recovery techniques

and technologies, including those used at international borders;

(3) to develop improved railroad security technologies,

including—

(A) technologies for sealing or modifying railroad tank

cars;

(B) automatic inspection of railroad cars;

(C) communication-based train control systems;

(D) emergency response training, including training

in a tunnel environment;

(E) security and redundancy for critical communications, electrical power, computer, and train control systems;

and

(F) technologies for securing bridges and tunnels;

(4) to test wayside detectors that can detect tampering;

(5) to support enhanced security for the transportation

of security-sensitive materials by railroad;

(6) to mitigate damages in the event of a cyber attack;

and

(7) to address other vulnerabilities and risks identified

by the Secretary.

(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The

Secretary—

6 USC 1168.

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121 STAT. 442 PUBLIC LAW 110–53—AUG. 3, 2007

(1) shall ensure that the research and development program

is consistent with the National Strategy for Railroad Transportation Security developed under section 1511 and any other

transportation security research and development programs

required by this Act;

(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 Department of Transportation, including

University Transportation Centers and other institutes,

centers, and simulators funded by the Department of

Transportation;

(B) the National Academy of Sciences;

(C) the Technical Support Working Group;

(D) other Federal departments and agencies; and

(E) other Federal and private research laboratories,

research entities, and universities and institutions of

higher education, including Historically Black Colleges and

Universities, Hispanic Serving Institutions, or Indian Tribally Controlled Colleges and Universities;

(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 currently 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;

(4) may award grants, or enter into cooperative agreements,

contracts, other transactions, or reimbursable agreements to

the entities described in paragraph (2) and the eligible grant

recipients under section 1513; and

(5) shall make reasonable efforts to enter into memoranda

of understanding, contracts, grants, cooperative agreements,

or other transactions with railroad carriers willing to contribute

both physical space and other resources.

(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 Chief Privacy Officer of the Department and the

Officer for Civil Rights and Civil Liberties of the Department

as appropriate and in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142).

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6

U.S.C. 142; 345), the Chief 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.—Out of funds appropriated pursuant to

section 114(w) of title 49, United States Code, as amended

by section 1503, there shall be made available to the Secretary

to carry out this section—

(A) $33,000,000 for fiscal year 2008;

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 443

(B) $33,000,000 for fiscal year 2009;

(C) $33,000,000 for fiscal year 2010; and

(D) $33,000,000 for fiscal year 2011.

(2) PERIOD OF AVAILABILITY.—Such sums shall remain

available until expended.

SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.

(a) RAILROAD TANK CAR VULNERABILITY ASSESSMENT.—

(1) ASSESSMENT.—The Secretary shall assess the likely

methods of a deliberate terrorist attack against a railroad tank

car used to transport toxic-inhalation-hazard materials, and

for each method assessed, the degree to which it may be successful in causing death, injury, or serious adverse effects to human

health, the environment, critical infrastructure, national security, the national economy, or public welfare.

(2) THREATS.—In carrying out paragraph (1), the Secretary

shall consider the most current threat information as to likely

methods of a successful terrorist attack on a railroad tank

car transporting toxic-inhalation-hazard materials, and may

consider the following:

(A) Explosive devices placed along the tracks or

attached to a railroad tank car.

(B) The use of missiles, grenades, rockets, mortars,

or other high-caliber weapons against a railroad tank car.

(3) PHYSICAL TESTING.—In developing the assessment

required under paragraph (1), the Secretary shall conduct physical testing of the vulnerability of railroad tank cars used

to transport toxic-inhalation-hazard materials to different

methods of a deliberate attack, using technical information

and criteria to evaluate the structural integrity of railroad

tank cars.

(4) REPORT.—Not later than 30 days after the completion

of the assessment under paragraph (1), the Secretary shall

provide to the appropriate congressional committees a report,

in the appropriate format, on such assessment.

(b) RAILROAD TANK CAR DISPERSION MODELING.—

(1) IN GENERAL.—The Secretary, acting through the

National Infrastructure Simulation and Analysis Center, shall

conduct an air dispersion modeling analysis of release scenarios

of toxic-inhalation-hazard materials resulting from a terrorist

attack on a loaded railroad tank car carrying such materials

in urban and rural environments.

(2) CONSIDERATIONS.—The analysis under this subsection

shall take into account the following considerations:

(A) The most likely means of attack and the resulting

dispersal rate.

(B) Different times of day, to account for differences

in cloud coverage and other atmospheric conditions in the

environment being modeled.

(C) Differences in population size and density.

(D) Historically accurate wind speeds, temperatures,

and wind directions.

(E) Differences in dispersal rates or other relevant

factors related to whether a railroad tank car is in motion

or stationary.

(F) Emergency response procedures by local officials.

6 USC 1169.

121 STAT. 444 PUBLIC LAW 110–53—AUG. 3, 2007

(G) Any other considerations the Secretary believes

would develop an accurate, plausible dispersion model for

toxic-inhalation-hazard materials released from a railroad

tank car as a result of a terrorist act.

(3) CONSULTATION.—In conducting the dispersion modeling

under paragraph (1), the Secretary shall consult with the Secretary of Transportation, hazardous materials experts, railroad

carriers, nonprofit employee labor organizations representing

railroad employees, appropriate State, local, and tribal officials,

and other Federal agencies, as appropriate.

(4) INFORMATION SHARING.—Upon completion of the analysis required under paragraph (1), the Secretary shall share

the information developed with the appropriate stakeholders,

given appropriate information protection provisions as may be

required by the Secretary.

(5) REPORT.—Not later than 30 days after completion of

all dispersion analyses under paragraph (1), the Secretary shall

submit to the appropriate congressional committees a report

detailing the Secretary’s conclusions and findings in an appropriate format.

SEC. 1520. RAILROAD THREAT ASSESSMENTS.

Not later than 1 year after the date of enactment of this

Act, the Secretary shall complete a name-based security background

check against the consolidated terrorist watchlist and an immigration status check for all railroad frontline employees, similar to

the threat assessment screening program required for facility

employees and longshoremen by the Commandant of the Coast

Guard under Coast Guard Notice USCG–2006–24189 (71 Fed. Reg.

25066 (April 8, 2006)).

SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.

Section 20109 of title 49, United States Code, is amended

to read:

‘‘SEC. 20109. EMPLOYEE PROTECTIONS.

‘‘(a) IN GENERAL.—A railroad carrier engaged in interstate or

foreign commerce, a contractor or a subcontractor of such a railroad

carrier, or an officer or employee of such a railroad carrier, may

not discharge, demote, suspend, reprimand, or in any other way

discriminate against an employee if such discrimination is due,

in whole or in part, to the employee’s lawful, good faith act done,

or perceived by the employer to have been done or about to be

done—

‘‘(1) to provide information, directly cause information to

be provided, or otherwise directly assist in any investigation

regarding any conduct which the employee reasonably believes

constitutes a violation of any Federal law, rule, or regulation

relating to railroad safety or security, or gross fraud, waste,

or abuse of Federal grants or other public funds intended

to be used for railroad safety or security, if the information

or assistance is provided to or an investigation stemming from

the provided information is conducted by—

‘‘(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General

under the Inspector General Act of 1978 (5 U.S.C. App.;

Public Law 95–452);

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PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 445

‘‘(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or

‘‘(C) a person with supervisory authority over the

employee or such other person who has the authority to

investigate, discover, or terminate the misconduct;

‘‘(2) to refuse to violate or assist in the violation of any

Federal law, rule, or regulation relating to railroad safety or

security;

‘‘(3) to file a complaint, or directly cause to be brought

a proceeding related to the enforcement of this part or, as

applicable to railroad safety or security, chapter 51 or 57 of

this title, or to testify in that proceeding;

‘‘(4) to notify, or attempt to notify, the railroad carrier

or the Secretary of Transportation of a work-related personal

injury or work-related illness of an employee;

‘‘(5) to cooperate with a safety or security investigation

by the Secretary of Transportation, the Secretary of Homeland

Security, or the National Transportation Safety Board;

‘‘(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National

Transportation Safety Board, or any Federal, State, or local

regulatory or law enforcement agency as to the facts relating

to any accident or incident resulting in injury or death to

an individual or damage to property occurring in connection

with railroad transportation; or

‘‘(7) to accurately report hours on duty pursuant to chapter

211.

‘‘(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A railroad carrier engaged in interstate or foreign commerce, or an officer

or employee of such a railroad carrier, shall not discharge, demote,

suspend, reprimand, or in any other way discriminate against an

employee for—

‘‘(A) reporting, in good faith, a hazardous safety or security

condition;

‘‘(B) refusing to work when confronted by a hazardous

safety or security condition related to the performance of the

employee’s duties, if the conditions described in paragraph (2)

exist; or

‘‘(C) refusing to authorize the use of any safety-related

equipment, track, or structures, if the employee is responsible

for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track,

or structures are in a hazardous safety or security condition,

if the conditions described in paragraph (2) exist.

‘‘(2) A refusal is protected under paragraph (1)(B) and (C)

if—

‘‘(A) the refusal is made in good faith and no reasonable

alternative to the refusal is available to the employee;

‘‘(B) a reasonable individual in the circumstances then

confronting the employee would conclude that—

‘‘(i) the hazardous condition presents an imminent

danger of death or serious injury; and

‘‘(ii) the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal;

and

‘‘(C) the employee, where possible, has notified the railroad

carrier of the existence of the hazardous condition and the

121 STAT. 446 PUBLIC LAW 110–53—AUG. 3, 2007

intention not to perform further work, or not to authorize

the use of the hazardous equipment, track, or structures, unless

the condition is corrected immediately or the equipment, track,

or structures are repaired properly or replaced.

‘‘(3) In this subsection, only paragraph (1)(A) shall apply to

security personnel employed by a railroad carrier to protect individuals and property transported by railroad.

‘‘(c) ENFORCEMENT ACTION.— ‘‘(1) IN GENERAL.—An employee who alleges discharge, discipline, or other discrimination in violation of subsection (a)

or (b) of this section, may seek relief in accordance with the

provisions of this section, with any petition or other request

for relief under this section to be initiated by filing a complaint

with the Secretary of Labor.

‘‘(2) PROCEDURE.— ‘‘(A) IN GENERAL.—Any action under paragraph (1)

shall be governed under the rules and procedures set forth

in section 42121(b), including:

‘‘(i) BURDENS OF PROOF.—Any action brought under

(c)(1) shall be governed by the legal burdens of proof

set forth in section 42121(b).

‘‘(ii) STATUTE OF LIMITATIONS.—An action under

paragraph (1) shall be commenced not later than 180

days after the date on which the alleged violation

of subsection (a) or (b) of this section occurs.

‘‘(iii) CIVIL ACTIONS TO ENFORCE.—If a person fails

to comply with an order issued by the Secretary of

Labor pursuant to the procedures in section 42121(b),

the Secretary of Labor may bring a civil action to

enforce the order in the district court of the United

States for the judicial district in which the violation

occurred, as set forth in 42121.

‘‘(B) EXCEPTION.—Notification made under section

42121(b)(1) shall be made to the person named in the

complaint and the person’s employer.

‘‘(3) DE NOVO REVIEW.—With respect to a complaint under

paragraph (1), if the Secretary of Labor has not issued a final

decision within 210 days after the filing of the complaint and

if the delay is not due to the bad faith of the employee, the

employee may bring an original action at law or equity for

de novo review in the appropriate district court of the United

States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action

shall, at the request of either party to such action, be tried

by the court with a jury.

‘‘(4) APPEALS.—Any person adversely affected or aggrieved

by an order issued pursuant to the procedures in section

42121(b), may obtain review of the order in the United States

court of appeals for the circuit in which the violation, with

respect to which the order was issued, allegedly occurred or

the circuit in which the complainant resided on the date of

such violation. The petition for review must be filed not later

than 60 days after the date of the issuance of the final order

of the Secretary of Labor. The review shall conform to chapter

7 of title 5. The commencement of proceedings under this

paragraph shall not, unless ordered by the court, operate as

a stay of the order.

Deadline.

Applicability.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 447

‘‘(d) REMEDIES.— ‘‘(1) IN GENERAL.—An employee prevailing in any action

under subsection (c) shall be entitled to all relief necessary

to make the employee whole.

‘‘(2) DAMAGES.—Relief in an action under subsection (c)

(including an action described in subsection (c)(3)) shall

include—

‘‘(A) reinstatement with the same seniority status that

the employee would have had, but for the discrimination;

‘‘(B) any backpay, with interest; and

‘‘(C) compensatory damages, including compensation

for any special damages sustained as a result of the

discrimination, including litigation costs, expert witness

fees, and reasonable attorney fees.

‘‘(3) POSSIBLE RELIEF.—Relief in any action under subsection (c) may include punitive damages in an amount not

to exceed $250,000.

‘‘(e) ELECTION OF REMEDIES.—An employee may not seek protection under both this section and another provision of law for the

same allegedly unlawful act of the railroad carrier.

‘‘(f) NO PREEMPTION.—Nothing in this section preempts or

diminishes any other safeguards against discrimination, demotion,

discharge, suspension, threats, harassment, reprimand, retaliation,

or any other manner of discrimination provided by Federal or

State law.

‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section

shall be deemed to diminish the rights, privileges, or remedies

of any employee under any Federal or State law or under any

collective bargaining agreement. The rights and remedies in this

section may not be waived by any agreement, policy, form, or

condition of employment.

‘‘(h) DISCLOSURE OF IDENTITY.—

‘‘(1) Except as provided in paragraph (2) of this subsection,

or with the written consent of the employee, the Secretary

of Transportation or the Secretary of Homeland Security may

not disclose the name of an employee of a railroad carrier

who has provided information about an alleged violation of

this part or, as applicable to railroad safety or security, chapter

51 or 57 of this title, or a regulation prescribed or order issued

under any of those provisions.

‘‘(2) The Secretary of Transportation or the Secretary of

Homeland Security shall disclose to the Attorney General the

name of an employee described in paragraph (1) if the matter

is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable

advance notice to the affected employee if disclosure of that

person’s identity or identifying information is to occur.

‘‘(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE

DEPARTMENT OF HOMELAND SECURITY.—

‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through regulations, after an

opportunity for notice and comment, a process by which any

person may report to the Secretary of Homeland Security

regarding railroad security problems, deficiencies, or

vulnerabilities.

‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted

under paragraph (1) identifies the person making the report,

Regulations.

Notice.

Notification.

121 STAT. 448 PUBLIC LAW 110–53—AUG. 3, 2007

the Secretary of Homeland Security shall respond promptly

to such person and acknowledge receipt of the report.

‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall

take appropriate steps to address any problems or deficiencies

identified.’’.

SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) SECURITY BACKGROUND CHECK.—The term ‘‘security

background check’’ means reviewing, for the purpose of identifying individuals who may pose a threat to transportation security or national security, or of terrorism—

(A) relevant criminal history databases;

(B) in the case of an alien (as defined in the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant

databases to determine the status of the alien under the

immigration laws of the United States; and

(C) other relevant information or databases, as determined by the Secretary.

(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’

means an employee of a railroad carrier or a contractor or

subcontractor of a railroad carrier.

(b) GUIDANCE.—

(1) Any guidance, recommendations, suggested action

items, or any other widely disseminated voluntary action items

issued by the Secretary to a railroad carrier or a contractor

or subcontractor of a railroad carrier relating to performing

a security background check of a covered individual shall contain recommendations on the appropriate scope and application

of such a security background check, including the time period

covered, the types of disqualifying offenses, and a redress

process for adversely impacted covered individuals consistent

with subsections (c) and (d) of this section.

(2) Within 60 days after the date of enactment of this

Act, any guidance, recommendations, suggested action items,

or any other widely disseminated voluntary action item issued

by the Secretary prior to the date of enactment of this Act

to a railroad carrier or a contractor or subcontractor of a railroad carrier relating to performing a security background check

of a covered individual shall be updated in compliance with

paragraph (1).

(3) If a railroad carrier or a contractor or subcontractor

of a railroad carrier performs a security background check

on a covered individual to fulfill guidance issued by the Secretary under paragraph (1) or (2), the Secretary shall not consider such guidance fulfilled unless an adequate redress process

as described in subsection (d) is provided to covered individuals.

(c) REQUIREMENTS.—If the Secretary issues a rule, regulation,

or directive requiring a railroad carrier or contractor or subcontractor of a railroad carrier to perform a security background check

of a covered individual, then the Secretary shall prohibit the railroad carrier or contractor or subcontractor of a railroad carrier

from making an adverse employment decision, including removal

6 USC 1170.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 449

or suspension of the covered individual, due to such rule, regulation,

or directive with respect to a covered individual unless the railroad

carrier or contractor or subcontractor of a railroad carrier determines that the covered individual—

(1) has been convicted of, has been found not guilty by

reason of insanity, or is under want, warrant, or indictment

for a permanent disqualifying criminal offense listed in part

1572 of title 49, Code of Federal Regulations;

(2) was convicted of or found not guilty by reason of insanity

of an interim disqualifying criminal offense listed in part 1572

of title 49, Code of Federal Regulations, within 7 years of

the date that the railroad carrier or contractor or subcontractor

of a railroad carrier performs the security background check;

or

(3) was incarcerated for an interim disqualifying criminal

offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the

date that the railroad carrier or contractor or subcontractor

of a railroad carrier performs the security background check.

(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or directive requiring a railroad carrier or contractor or subcontractor of a railroad carrier to perform a security background check

of a covered individual, the Secretary shall—

(1) provide an adequate redress process for a covered individual subjected to an adverse employment decision, including

removal or suspension of the employee, due to such rule, regulation, or directive that is consistent with the appeals and waiver

process established for applicants for commercial motor vehicle

hazardous materials endorsements and transportation

employees at ports, as required by section 70105(c) of title

46, United States Code; and

(2) have the authority to order an appropriate remedy,

including reinstatement of the covered individual, should the

Secretary determine that a railroad carrier or contractor or

subcontractor of a railroad carrier wrongfully made an adverse

employment decision regarding a covered individual pursuant

to such rule, regulation, or directive.

(e) FALSE STATEMENTS.—A railroad carrier or a contractor or

subcontractor of a railroad carrier may not knowingly misrepresent

to an employee or other relevant person, including an arbiter

involved in a labor arbitration, the scope, application, or meaning

of any rules, regulations, directives, or guidance issued by the

Secretary related to security background check requirements for

covered individuals when conducting a security background check.

Not later than 1 year after the date of enactment of this Act,

the Secretary shall issue a regulation that prohibits a railroad

carrier or a contractor or subcontractor of a railroad carrier from

knowingly misrepresenting to an employee or other relevant person,

including an arbiter involved in a labor arbitration, the scope,

application, or meaning of any rules, regulations, directives, or

guidance issued by the Secretary related to security background

check requirements for covered individuals when conducting a security background check.

(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall

be construed to abridge a railroad carrier’s or a contractor or

subcontractor of a railroad carrier’s rights or responsibilities to

make adverse employment decisions permitted by other Federal,

Deadline.

Regulations.

121 STAT. 450 PUBLIC LAW 110–53—AUG. 3, 2007

State, or local laws. Nothing in the section shall be construed

to abridge rights and responsibilities of covered individuals, a railroad carrier, or a contractor or subcontractor of a railroad carrier,

under any other Federal, State, or local laws or under any collective

bargaining agreement.

(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in

this section shall be construed to preempt a Federal, State, or

local law that requires criminal history background checks,

immigration status checks, or other background checks, of covered

individuals.

(h) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to affect the process for review established under

section 70105(c) of title 46, United States Code, including regulations issued pursuant to such section.

SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Transportation Security Administration, the Secretary

of Transportation, heads of other appropriate Federal departments

and agencies and Amtrak shall transmit a report to the appropriate

congressional committees that contains—

(1) a description of the current system for screening passengers and baggage on passenger railroad service between

the United States and Canada;

(2) an assessment of the current program to provide

preclearance of airline passengers between the United States

and Canada as outlined in ‘‘The Agreement on Air Transport

Preclearance between the Government of Canada and the

Government of the United States of America’’, dated January

18, 2001;

(3) an assessment of the current program to provide

preclearance of freight railroad traffic between the United

States and Canada as outlined in the ‘‘Declaration of Principle

for the Improved Security of Rail Shipments by Canadian

National Railway and Canadian Pacific Railway from Canada

to the United States’’, dated April 2, 2003;

(4) information on progress by the Department of Homeland

Security and other Federal agencies towards finalizing a

bilateral protocol with Canada that would provide for

preclearance of passengers on trains operating between the

United States and Canada;

(5) a description of legislative, regulatory, budgetary, or

policy barriers within the United States Government to providing prescreened passenger lists for railroad passengers traveling between the United States and Canada to the Department;

(6) a description of the position of the Government of

Canada and relevant Canadian agencies with respect to

preclearance of such passengers;

(7) a draft of any changes in existing Federal law necessary

to provide for prescreening of such passengers and providing

prescreened passenger lists to the Department; and

(8) an analysis of the feasibility of reinstating in-transit

inspections onboard international Amtrak trains.

(b) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.—

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 451

(1) CONSULTATION.—In preparing the report under this

section, the Secretary shall consult with the Chief Privacy

Officer of the Department and the Officer for Civil Rights

and Civil Liberties of the Department as appropriate and in

accordance with section 222 of the Homeland Security Act

of 2002.

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002,

the report must contain a privacy impact assessment conducted

by the Chief Privacy Officer and a review conducted by the

Officer for Civil Rights and Civil Liberties.

SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.

(a) IN GENERAL.—

(1) The Secretary shall develop a system to detect both

undeclared passengers and contraband, with a primary focus

on the detection of nuclear and radiological materials entering

the United States by railroad.

(2) SYSTEM REQUIREMENTS.—In developing the system

under paragraph (1), the Secretary may, in consultation with

the Domestic Nuclear Detection Office, Customs and Border

Protection, and the Transportation Security Administration—

(A) deploy radiation detection equipment and nonintrusive imaging equipment at locations where railroad shipments cross an international border to enter the United

States;

(B) consider the integration of radiation detection technologies with other nonintrusive inspection technologies

where feasible;

(C) ensure appropriate training, operations, and

response protocols are established for Federal, State, and

local personnel;

(D) implement alternative procedures to check railroad

shipments at locations where the deployment of nonintrusive inspection imaging equipment is determined to not

be practicable;

(E) ensure, to the extent practicable, that such technologies deployed can detect terrorists or weapons,

including weapons of mass destruction; and

(F) take other actions, as appropriate, to develop the

system.

(b) ADDITIONAL INFORMATION.—The Secretary shall—

(1) identify and seek the submission of additional data

elements for improved high-risk targeting related to the movement of cargo through the international supply chain utilizing

a railroad prior to importation into the United States;

(2) utilize data collected and maintained by the Secretary

of Transportation in the targeting of high-risk cargo identified

under paragraph (1); and

(3) analyze the data provided in this subsection to identify

high-risk cargo for inspection.

(c) REPORT TO CONGRESS.—Not later than September 30, 2008,

the Secretary shall transmit to the appropriate congressional

committees a report that describes the progress of the system

being developed under subsection (a).

(d) DEFINITIONS.—In this section:

6 USC 1171.

121 STAT. 452 PUBLIC LAW 110–53—AUG. 3, 2007

(1) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international

supply chain’’ means the end-to-end process for shipping goods

to or from the United States, beginning at the point of origin

(including manufacturer, supplier, or vendor) through a point

of distribution to the destination.

(2) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation

detection equipment’’ means any technology that is capable

of detecting or identifying nuclear and radiological material

or nuclear and radiological explosive devices.

(3) INSPECTION.—The term ‘‘inspection’’ means the comprehensive process used by Customs and Border Protection

to assess goods entering the United States to appraise them

for duty purposes, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws.

SEC. 1525. TRANSMISSION LINE REPORT.

(a) STUDY.—The Comptroller General shall undertake an

assessment of the placement of high-voltage, direct-current, electric

transmission lines along active railroad and other transportation

rights-of-way. In conducting the assessment, the Comptroller General shall evaluate any economic, safety, and security risks and

benefits to inhabitants living adjacent to such rights-of-way and

to consumers of electric power transmitted by such transmission

lines.

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Comptroller General shall transmit the results

of the assessment in subsection (a) to the appropriate congressional

committees.

SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.

(a) RAILROAD POLICE OFFICERS.—Section 28101 of title 49,

United States Code, is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Under’’; and

(2) by adding at the end the following:

‘‘(b) ASSIGNMENT.—A railroad police officer employed by a railroad carrier and certified or commissioned as a police officer under

the laws of a State may be temporarily assigned to assist a second

railroad carrier in carrying out law enforcement duties upon the

request of the second railroad carrier, at which time the police

officer shall be considered to be an employee of the second railroad

carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the

same extent as provided in subsection (a).’’.

(b) MODEL STATE LEGISLATION.—Not later than November 2,

2007, the Secretary of Transportation shall develop and make available to States model legislation to address the problem of entities

that claim to be railroad carriers in order to establish and run

a police force when the entities do not in fact provide railroad

transportation. In developing the model State legislation the Secretary shall solicit the input of the States, railroads carriers, and

railroad carrier employees. The Secretary shall review and, if necessary, revise such model State legislation periodically.

SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK CONTRACTS.

Section 24301 of title 49, United States Code, is amended

by adding at the end the following:

Deadline.

6 USC 1172.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 453

‘‘(o) APPLICABILITY OF DISTRICT OF COLUMBIA LAW.—Any lease

or contract entered into between Amtrak and the State of Maryland,

or any department or agency of the State of Maryland, after the

date of the enactment of this subsection shall be governed by

the laws of the District of Columbia.’’.

SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.

Section 20106 of title 49, United States Code, is amended

to read as follows:

‘‘§ 20106. Preemption

‘‘(a) NATIONAL UNIFORMITY OF REGULATION.—(1) Laws, regulations, and orders related to railroad safety and laws, regulations,

and orders related to railroad security shall be nationally uniform

to the extent practicable.

‘‘(2) A State may adopt or continue in force a law, regulation,

or order related to railroad safety or security until the Secretary

of Transportation (with respect to railroad safety matters), or the

Secretary of Homeland Security (with respect to railroad security

matters), prescribes a regulation or issues an order covering the

subject matter of the State requirement. A State may adopt or

continue in force an additional or more stringent law, regulation,

or order related to railroad safety or security when the law, regulation, or order—

‘‘(A) is necessary to eliminate or reduce an essentially local

safety or security hazard;

‘‘(B) is not incompatible with a law, regulation, or order

of the United States Government; and

‘‘(C) does not unreasonably burden interstate commerce.

‘‘(b) CLARIFICATION REGARDING STATE LAW CAUSES OF

ACTION.—(1) Nothing in this section shall be construed to preempt

an action under State law seeking damages for personal injury,

death, or property damage alleging that a party—

‘‘(A) has failed to comply with the Federal standard of

care established by a regulation or order issued by the Secretary

of Transportation (with respect to railroad safety matters),

or the Secretary of Homeland Security (with respect to railroad

security matters), covering the subject matter as provided in

subsection (a) of this section;

‘‘(B) has failed to comply with its own plan, rule, or

standard that it created pursuant to a regulation or order

issued by either of the Secretaries; or

‘‘(C) has failed to comply with a State law, regulation,

or order that is not incompatible with subsection (a)(2).

‘‘(2) This subsection shall apply to all pending State law causes

of action arising from events or activities occurring on or after

January 18, 2002.

‘‘(c) JURISDICTION.—Nothing in this section creates a Federal

cause of action on behalf of an injured party or confers Federal

question jurisdiction for such State law causes of action.’’.

Applicability.

121 STAT. 454 PUBLIC LAW 110–53—AUG. 3, 2007

Subtitle C—Over-the-Road Bus and

Trucking Security

SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.

(a) IN GENERAL.—Not later than 18 months after the date

of enactment of this Act, the Secretary shall issue regulations

that—

(1) require each over-the-road bus operator assigned to

a high-risk tier under this section—

(A) to conduct a vulnerability assessment in accordance

with subsections (c) and (d); and

(B) to prepare, submit to the Secretary for approval,

and implement a security plan in accordance with subsection (e); and

(2) establish standards and guidelines for developing and

implementing the vulnerability assessments and security plans

for carriers assigned to high-risk tiers consistent with this

section.

(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish

a security program for over-the-road bus operators not assigned

to a high-risk tier, including—

(1) guidance for such operators in conducting vulnerability

assessments and preparing and implementing security plans,

as determined appropriate by the Secretary; and

(2) a process to review and approve such assessments and

plans, as appropriate.

(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after

the date of issuance of the regulations under subsection (a), the

vulnerability assessments and security plans required by such regulations for over-the-road bus operators assigned to a high-risk tier

shall be completed and submitted to the Secretary for review and

approval.

(d) VULNERABILITY ASSESSMENTS.— (1) REQUIREMENTS.—The Secretary shall provide technical

assistance and guidance to over-the-road bus operators in conducting vulnerability assessments under this section and shall

require that each vulnerability assessment of an operator

assigned to a high-risk tier under this section includes, as

appropriate—

(A) identification and evaluation of critical assets and

infrastructure, including platforms, stations, terminals, and

information systems;

(B) identification of the vulnerabilities to those assets

and infrastructure; and

(C) identification of weaknesses in—

(i) physical security;

(ii) passenger and cargo security;

(iii) the security of programmable electronic

devices, computers, or other automated systems which

are used in providing over-the-road bus transportation;

(iv) alarms, cameras, and other protection systems;

(v) communications systems and utilities needed

for over-the-road bus security purposes, including dispatching systems;

(vi) emergency response planning;

(vii) employee training; and

Deadline.

Regulations.

6 USC 1181.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 455

(viii) such other matters as the Secretary determines appropriate.

(2) THREAT INFORMATION.—The Secretary shall provide in

a timely manner to the appropriate employees of an overthe-road bus operator, as designated by the over-the-road bus

operator, threat information that is relevant to the operator

when preparing and submitting a vulnerability assessment and

security plan, including an assessment of the most likely

methods that could be used by terrorists to exploit weaknesses

in over-the-road bus security.

(e) SECURITY PLANS.— (1) REQUIREMENTS.—The Secretary shall provide technical

assistance and guidance to over-the-road bus operators in preparing and implementing security plans under this section

and shall require that each security plan of an over-the-road

bus operator assigned to a high-risk tier under this section

includes, as appropriate—

(A) the identification of a security coordinator having

authority—

(i) to implement security actions under the plan;

(ii) to coordinate security improvements; and

(iii) to receive communications from appropriate

Federal officials regarding over-the-road bus security;

(B) a list of needed capital and operational improvements;

(C) procedures to be implemented or used by the overthe-road bus operator in response to a terrorist attack,

including evacuation and passenger communication plans

that include individuals with disabilities, as appropriate;

(D) the identification of steps taken with State and

local law enforcement agencies, emergency responders, and

Federal officials to coordinate security measures and plans

for response to a terrorist attack;

(E) a strategy and timeline for conducting training

under section 1534;

(F) enhanced security measures to be taken by the

over-the-road bus operator when the Secretary declares

a period of heightened security risk;

(G) plans for providing redundant and backup systems

required to ensure the continued operation of critical elements of the over-the-road bus operator’s system in the

event of a terrorist attack or other incident; and

(H) such other actions or procedures as the Secretary

determines are appropriate to address the security of overthe-road bus operators.

(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary

shall require that the individual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United

States. The Secretary may waive this requirement with respect

to an individual if the Secretary determines that it is appropriate to do so based on a background check of the individual

and a review of the consolidated terrorist watchlist.

(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months

after receiving the assessments and plans required under this section, the Secretary shall—

(1) review each vulnerability assessment and security plan

submitted to the Secretary in accordance with subsection (c);

121 STAT. 456 PUBLIC LAW 110–53—AUG. 3, 2007

(2) require amendments to any security plan that does

not meet the requirements of this section; and

(3) approve any vulnerability assessment or security plan

that meets the requirements of this section.

(g) INTERIM SECURITY MEASURES.—The Secretary may require

over-the-road bus operators, during the period before the deadline

established under subsection (c), to submit a security plan to implement any necessary interim security measures essential to providing

adequate security of the over-the-road bus operator’s system. An

interim plan required under this subsection shall be superseded

by a plan required under subsection (c).

(h) TIER ASSIGNMENT.—The Secretary shall assign each overthe-road bus operator to a risk-based tier established by the Secretary:

(1) PROVISION OF INFORMATION.—The Secretary may

request, and an over-the-road bus operator shall provide,

information necessary for the Secretary to assign an over-theroad bus operator to the appropriate tier under this subsection.

(2) NOTIFICATION.—Not later than 60 days after the date

an over-the-road bus operator is assigned to a tier under this

section, the Secretary shall notify the operator of the tier to

which it is assigned and the reasons for such assignment.

(3) HIGH-RISK TIERS.—At least one of the tiers established

by the Secretary under this section shall be a tier designated

for high-risk over-the-road bus operators.

(4) REASSIGNMENT.—The Secretary may reassign an overthe-road bus operator to another tier, as appropriate, in

response to changes in risk and the Secretary shall notify

the over-the-road bus operator within 60 days after such

reassignment and provide the operator with the reasons for

such reassignment.

(i) EXISTING PROCEDURES, PROTOCOLS, AND STANDARDS.—

(1) DETERMINATION.—In response to a petition by an overthe-road bus operator or at the discretion of the Secretary,

the Secretary may determine that existing procedures, protocols, and standards meet all or part of the requirements of

this section regarding vulnerability assessments and security

plans.

(2) ELECTION.—Upon review and written determination by

the Secretary that existing procedures, protocols, or standards

of an over-the-road bus operator satisfy the requirements of

this section, the over-the-road bus operator may elect to comply

with those procedures, protocols, or standards instead of the

requirements of this section.

(3) PARTIAL APPROVAL.—If the Secretary determines that

the existing procedures, protocols, or standards of an overthe-road bus operator satisfy only part of the requirements

of this section, the Secretary may accept such submission,

but shall require submission by the operator of any additional

information relevant to the vulnerability assessment and security plan of the operator to ensure that the remaining requirements of this section are fulfilled.

(4) NOTIFICATION.—If the Secretary determines that particular existing procedures, protocols, or standards of an overthe-road bus operator under this subsection do not satisfy the

requirements of this section, the Secretary shall provide to

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 457

the operator a written notification that includes an explanation

of the reasons for nonacceptance.

(5) REVIEW.—Nothing in this subsection shall relieve the

Secretary of the obligation—

(A) to review the vulnerability assessment and security

plan submitted by an over-the-road bus operator under

this section; and

(B) to approve or disapprove each submission on an

individual basis.

(j) PERIODIC EVALUATION BY OVER-THE-ROAD BUS PROVIDER

REQUIRED.—

(1) SUBMISSION OF EVALUATION.—Not later than 3 years

after the date on which a vulnerability assessment or security

plan required to be submitted to the Secretary under subsection

(c) is approved, and at least once every 5 years thereafter

(or on such a schedule as the Secretary may establish by

regulation), an over-the-road bus operator who submitted a

vulnerability assessment and security plan and who is still

assigned to the high-risk tier shall also submit to the Secretary

an evaluation of the adequacy of the vulnerability assessment

and security plan that includes a description of any material

changes made to the vulnerability assessment or security plan.

(2) REVIEW OF EVALUATION.—Not later than 180 days after

the date on which an evaluation is submitted, the Secretary

shall review the evaluation and notify the over-the-road bus

operator submitting the evaluation of the Secretary’s approval

or disapproval of the evaluation.

(k) SHARED FACILITIES.—The Secretary may permit under this

section the development and implementation of coordinated vulnerability assessments and security plans to the extent that an overthe-road bus operator shares facilities with, or is colocated with,

other transportation entities or providers that are required to

develop vulnerability assessments and security plans under Federal

law.

(l) NONDISCLOSURE OF INFORMATION.— (1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing

in this section shall be construed as authorizing the withholding

of any information from Congress.

(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section shall be construed as affecting

any authority or obligation of a Federal agency to disclose

any record or information that the Federal agency obtains

from an over-the-road bus operator under any other Federal

law.

SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

(a) IN GENERAL.—The Secretary shall establish a program for

making grants to eligible private operators providing transportation

by an over-the-road bus for security improvements described in

subsection (b).

(b) USES OF FUNDS.—A recipient of a grant received under

subsection (a) shall use the grant funds for one or more of the

following:

(1) Constructing and modifying terminals, garages, and

facilities, including terminals and other over-the-road bus facilities owned by State or local governments, to increase their

security.

6 USC 1182.

Deadlines.

121 STAT. 458 PUBLIC LAW 110–53—AUG. 3, 2007

(2) Modifying over-the-road buses to increase their security.

(3) Protecting or isolating the driver of an over-the-road

bus.

(4) Acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage,

or exchange of passenger and driver information through

ticketing systems or other means and for information links

with government agencies, for security purposes.

(5) Installing cameras and video surveillance equipment

on over-the-road buses and at terminals, garages, and overthe-road bus facilities.

(6) Establishing and improving an emergency communications system linking drivers and over-the-road buses to the

recipient’s operations center or linking the operations center

to law enforcement and emergency personnel.

(7) Implementing and operating passenger screening programs for weapons and explosives.

(8) Public awareness campaigns for enhanced over-the-road

bus security.

(9) Operating and capital costs associated with over-theroad bus security awareness, preparedness, and response

training, including training under section 1534 and training

developed by institutions of higher education and by nonprofit

employee labor organizations, for over-the-road bus employees,

including frontline employees.

(10) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.

(11) Overtime reimbursement, including reimbursement of

State, local, and tribal governments for costs, for enhanced

security personnel assigned to duties related to over-the-road

bus security during periods of high or severe threat levels,

National Special Security Events, or other periods of heightened

security as determined by the Secretary.

(12) Live or simulated exercises, including those described

in section 1533.

(13) Operational costs to hire, train, and employ police

and security officers, including canine units, assigned to fulltime security or counterterrorism duties related to over-theroad bus transportation, including reimbursement of State,

local, and tribal government costs for such personnel.

(14) Development of assessments or security plans under

section 1531.

(15) Such other improvements as the Secretary considers

appropriate.

(c) DUE CONSIDERATION.—In making grants under this section,

the Secretary shall prioritize grant funding based on security risks

to bus passengers and the ability of a project to reduce, or enhance

response to, that risk, and shall not penalize private operators

of over-the-road buses that have taken measures to enhance overthe-road bus transportation security prior to September 11, 2001.

(d) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—

In carrying out the responsibilities under subsection (a), the Secretary shall—

(1) determine the requirements for recipients of grants

under this section, including application requirements;

(2) select grant recipients;

Grants.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 459

(3) award the funds authorized by this section based on

risk, as identified by the plans required under section 1531

or assessment or plan described in subsection (f)(2); and

(4) pursuant to subsection (c), establish priorities for the

use of funds for grant recipients.

(e) DISTRIBUTION OF GRANTS.—Not later than 90 days after

the date of enactment of this Act, the Secretary and the Secretary

of Transportation shall determine the most effective and efficient

way to distribute grant funds to the recipients of grants determined

by the Secretary under subsection (a). Subject to the determination

made by the Secretaries, the Secretary may transfer funds to the

Secretary of Transportation for the purposes of disbursing funds

to the grant recipient.

(f) ELIGIBILITY.— (1) A private operator providing transportation by an overthe-road bus is eligible for a grant under this section if the

operator has completed a vulnerability assessment and developed a security plan that the Secretary has approved under

section 1531. Grant funds may only be used for permissible

uses under subsection (b) to further an over-the-road bus security plan.

(2) Notwithstanding the requirements for eligibility and

uses in paragraph (1), prior to the earlier of 1 year after

the date of issuance of final regulations requiring vulnerability

assessments and security plans under section 1531 or 3 years

after the date of enactment of this Act, the Secretary may

award grants under this section for over-the-road bus security

improvements listed under subsection (b) based upon overthe-road bus vulnerability assessments and security plans that

the Secretary deems are sufficient for the purposes of this

section but have not been approved by the Secretary in accordance with section 1531.

(g) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as

otherwise specifically provided in this section, a grant made under

this section shall be subject to the terms and conditions applicable

to subrecipients who provide over-the-road bus transportation under

section 5311(f) of title 49, United States Code, and such other

terms and conditions as are determined necessary by the Secretary.

(h) LIMITATION ON USES OF FUNDS.—A grant made under this

section may not be used to make any State or local government

cost-sharing contribution under any other Federal law.

(i) ANNUAL REPORTS.—Each recipient of a grant under this

section shall report annually to the Secretary and on the use

of such grant funds.

(j) CONSULTATION.—In carrying out this section, the Secretary

shall consult with over-the-road bus operators and nonprofit

employee labor organizations representing over-the-road bus

employees, public safety and law enforcement officials.

(k) AUTHORIZATION.—

(1) IN GENERAL.—From the amounts appropriated pursuant

to section 114(w) of title 49, United States Code, as amended

by section 1503 of this Act, there shall be made available

to the Secretary to make grants under this section—

(A) $12,000,000 for fiscal year 2008;

(B) $25,000,000 for fiscal year 2009;

(C) $25,000,000 for fiscal year 2010; and

(D) $25,000,000 for fiscal year 2011.

Deadline.

121 STAT. 460 PUBLIC LAW 110–53—AUG. 3, 2007

(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry

out this section shall remain available until expended.

SEC. 1533. OVER-THE-ROAD BUS EXERCISES.

(a) IN GENERAL.—The Secretary shall establish a program for

conducting security exercises for over-the-road bus transportation

for the purpose of assessing and improving the capabilities of entities described in subsection (b) to prevent, prepare for, mitigate,

respond to, and recover from acts of terrorism.

(b) COVERED ENTITIES.—Entities to be assessed under the program shall include—

(1) Federal, State, and local agencies and tribal governments;

(2) over-the-road bus operators and over-the-road bus terminal owners and operators;

(3) governmental and nongovernmental emergency

response providers and law enforcement agencies; and

(4) any other organization or entity that the Secretary

determines appropriate.

(c) REQUIREMENTS.—The Secretary shall ensure that the

program—

(1) consolidates existing security exercises for over-the-road

bus operators and terminals administered by the Department

and the Department of Transportation, as jointly determined

by the Secretary and the Secretary of Transportation, unless

the Secretary waives this consolidation requirement, as appropriate;

(2) consists of exercises that are—

(A) scaled and tailored to the needs of the over-theroad bus operators and terminals, including addressing

the needs of the elderly and individuals with disabilities;

(B) live, in the case of the most at-risk facilities to

a terrorist attack;

(C) coordinated with appropriate officials;

(D) as realistic as practicable and based on current

risk assessments, including credible threats,

vulnerabilities, and consequences;

(E) inclusive, as appropriate, of over-the-road bus frontline employees; and

(F) consistent with the National Incident Management

System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such

national initiatives;

(3) provides that exercises described in paragraph (2) will

be—

(A) evaluated by the Secretary against clear and consistent performance measures;

(B) assessed by the Secretary to identify best practices,

which shall be shared, as appropriate, with operators providing over-the-road bus transportation, nonprofit employee

organizations that represent over-the-road bus employees,

Federal, State, local, and tribal officials, governmental and

nongovernmental emergency response providers, and law

enforcement personnel; and

(C) used to develop recommendations, as appropriate,

provided to over-the-road bus operators and terminal

6 USC 1183.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 461

owners and operators on remedial action to be taken in

response to lessons learned;

(4) allows for proper advanced notification of communities

and local governments in which exercises are held, as appropriate; and

(5) assists State, local, and tribal governments and overthe-road bus operators and terminal owners and operators in

designing, implementing, and evaluating additional exercises

that conform to the requirements of paragraph (2).

(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure

that the exercise program developed under subsection (c) is consistent with the National Exercise Program established under section 648 of the Post Katrina Emergency Management Reform Act

(Public Law 109–295; 6 U.S.C. 748).

SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.

(a) IN GENERAL.—Not later than 6 months after the date of

enactment of this Act, the Secretary shall develop and issue regulations for an over-the-road bus training program to prepare overthe-road bus frontline employees for potential security threats and

conditions. The regulations shall take into consideration any current

security training requirements or best practices.

(b) CONSULTATION.—The Secretary shall develop regulations

under subsection (a) in consultation with—

(1) appropriate law enforcement, fire service, emergency

response, security, and terrorism experts;

(2) operators providing over-the-road bus transportation;

and

(3) nonprofit employee labor organizations representing

over-the-road bus employees and emergency response personnel.

(c) PROGRAM ELEMENTS.—The regulations developed under subsection (a) shall require security training programs, to include,

at a minimum, elements to address the following, as applicable:

(1) Determination of the seriousness of any occurrence or

threat.

(2) Driver and passenger communication and coordination.

(3) Appropriate responses to defend or protect oneself.

(4) Use of personal and other protective equipment.

(5) Evacuation procedures for passengers and over-the-road

bus employees, including individuals with disabilities and the

elderly.

(6) Psychology, behavior, and methods of terrorists,

including observation and analysis.

(7) Training related to psychological responses to terrorist

incidents, including the ability to cope with hijacker behavior

and passenger responses.

(8) Live situational training exercises regarding various

threat conditions, including tunnel evacuation procedures.

(9) Recognition and reporting of dangerous substances, suspicious packages, and situations.

(10) Understanding security incident procedures, including

procedures for communicating with emergency response providers and for on-scene interaction with such emergency

response providers.

(11) Operation and maintenance of security equipment and

systems.

Deadline.

Regulations.

6 USC 1184.

121 STAT. 462 PUBLIC LAW 110–53—AUG. 3, 2007

(12) Other security training activities that the Secretary

considers appropriate.

(d) REQUIRED PROGRAMS.—

(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not

later than 90 days after the Secretary issues the regulations

under subsection (a), each over-the-road bus operator shall

develop a security training program in accordance with such

regulations and submit the program to the Secretary for

approval.

(2) APPROVAL.—Not later than 60 days after receiving a

security training program under this subsection, the Secretary

shall approve the program or require the over-the-road bus

operator that developed the program to make any revisions

to the program that the Secretary considers necessary for the

program to meet the requirements of the regulations. An overthe-road bus operator shall respond to the Secretary’s comments

not later than 30 days after receiving them.

(3) TRAINING.—Not later than 1 year after the Secretary

approves a security training program in accordance with this

subsection, the over-the-road bus operator that developed the

program shall complete the training of all over-the-road bus

frontline employees who were hired by the operator more than

30 days preceding such date. For such employees employed

less than 30 days by an operator preceding such date, training

shall be completed within the first 60 days of employment.

(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—

The Secretary shall periodically review and update, as appropriate, the training regulations issued under subsection (a)

to reflect new or changing security threats. Each over-theroad bus operator shall revise its training program accordingly

and provide additional training as necessary to its employees

within a reasonable time after the regulations are updated.

(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure

that the training program developed under subsection (a) is a

component of the National Training Program established under

section 648 of the Post Katrina Emergency Management Reform

Act (Public Law 109–295; 6 U.S.C. 748).

(f) REPORTING REQUIREMENTS.—Not later than 2 years after

the date of regulation issuance, the Secretary shall review

implementation of the training program of a representative sample

of over-the-road bus operators and over-the-road bus frontline

employees, and report to the appropriate congressional committees

of such reviews. The Secretary may submit the report in both

classified and redacted formats as necessary.

SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT.

(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary, acting through the Under Secretary for

Science and Technology and the Administrator of the Transportation

Security Administration, shall carry out a research and development

program for the purpose of improving the security of over-theroad buses.

(b) ELIGIBLE PROJECTS.—The research and development program may include projects—

(1) to reduce the vulnerability of over-the-road buses, stations, terminals, and equipment to explosives and hazardous

6 USC 1185.

Deadlines.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 463

chemical, biological, and radioactive substances, including the

development of technology to screen passengers in large numbers with minimal interference and disruption;

(2) to test new emergency response and recovery techniques

and technologies, including those used at international borders;

(3) to develop improved technologies, including those for—

(A) emergency response training, including training

in a tunnel environment, if appropriate; and

(B) security and redundancy for critical communications, electrical power, computer, and over-the-road bus

control systems; and

(4) to address other vulnerabilities and risks identified

by the Secretary.

(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The

Secretary—

(1) shall ensure that the research and development program

is consistent with the other transportation security research

and development programs required by this Act;

(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 Department of Transportation, including

University Transportation Centers and other institutes,

centers, and simulators funded by the Department of

Transportation;

(B) the National Academy of Sciences;

(C) the Technical Support Working Group;

(D) other Federal departments and agencies; and

(E) other Federal and private research laboratories,

research entities, and institutions of higher education,

including Historically Black Colleges and Universities, Hispanic Serving Institutions, and Indian Tribally Controlled

Colleges and Universities;

(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 currently 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;

(4) may award grants and enter into cooperative agreements, contracts, other transactions, or reimbursable agreements to the entities described in paragraph (2) and eligible

recipients under section 1532; and

(5) shall make reasonable efforts to enter into memoranda

of understanding, contracts, grants, cooperative agreements,

or other transactions with private operators providing overthe-road bus transportation willing to contribute assets, physical space, and other resources.

(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 Chief Privacy Officer of the Department and the

Officer for Civil Rights and Civil Liberties of the Department

as appropriate and in accordance with section 222 of the Homeland Security Act of 2002.

121 STAT. 464 PUBLIC LAW 110–53—AUG. 3, 2007

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002,

the Chief 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 the amounts appropriated pursuant

to section 114(w) of title 49, United States Code, as amended

by section 1503 of this Act, there shall be made available

to the Secretary to carry out this section— (A) $2,000,000 for fiscal year 2008;

(B) $2,000,000 for fiscal year 2009;

(C) $2,000,000 for fiscal year 2010; and

(D) $2,000,000 for fiscal year 2011.

(2) PERIOD OF AVAILABILITY.—Such sums shall remain

available until expended.

SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.

Section 31105 of title 49, United States Code, is amended

to read:

‘‘(a) PROHIBITIONS.—(1) A person may not discharge an

employee, or discipline or discriminate against an employee

regarding pay, terms, or privileges of employment, because—

‘‘(A)(i) the employee, or another person at the employee’s

request, has filed a complaint or begun a proceeding related

to a violation of a commercial motor vehicle safety or security

regulation, standard, or order, or has testified or will testify

in such a proceeding; or

‘‘(ii) the person perceives that the employee has filed or

is about to file a complaint or has begun or is about to begin

a proceeding related to a violation of a commercial motor vehicle

safety or security regulation, standard, or order;

‘‘(B) the employee refuses to operate a vehicle because—

‘‘(i) the operation violates a regulation, standard, or

order of the United States related to commercial motor

vehicle safety, health, or security; or

‘‘(ii) the employee has a reasonable apprehension of

serious injury to the employee or the public because of

the vehicle’s hazardous safety or security condition;

‘‘(C) the employee accurately reports hours on duty pursuant to chapter 315;

‘‘(D) the employee cooperates, or the person perceives that

the employee is about to cooperate, with a safety or security

investigation by the Secretary of Transportation, the Secretary

of Homeland Security, or the National Transportation Safety

Board; or

‘‘(E) the employee furnishes, or the person perceives that

the employee is or is about to furnish, information to the

Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal,

State, or local regulatory or law enforcement agency as to

the facts relating to any accident or incident resulting in injury

or death to an individual or damage to property occurring

in connection with commercial motor vehicle transportation.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 465

‘‘(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s

apprehension of serious injury is reasonable only if a reasonable

individual in the circumstances then confronting the employee

would conclude that the hazardous safety or security condition

establishes a real danger of accident, injury, or serious impairment

to health. To qualify for protection, the employee must have sought

from the employer, and been unable to obtain, correction of the

hazardous safety or security condition.

‘‘(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee

alleging discharge, discipline, or discrimination in violation of subsection (a) of this section, or another person at the employee’s

request, may file a complaint with the Secretary of Labor not

later than 180 days after the alleged violation occurred. All complaints initiated under this section shall be governed by the legal

burdens of proof set forth in section 42121(b). On receiving the

complaint, the Secretary of Labor shall notify, in writing, the person

alleged to have committed the violation of the filing of the complaint.

‘‘(2)(A) Not later than 60 days after receiving a complaint,

the Secretary of Labor shall conduct an investigation, decide

whether it is reasonable to believe the complaint has merit, and

notify, in writing, the complainant and the person alleged to have

committed the violation of the findings. If the Secretary of Labor

decides it is reasonable to believe a violation occurred, the Secretary

of Labor shall include with the decision findings and a preliminary

order for the relief provided under paragraph (3) of this subsection.

‘‘(B) Not later than 30 days after the notice under subparagraph

(A) of this paragraph, the complainant and the person alleged

to have committed the violation may file objections to the findings

or preliminary order, or both, and request a hearing on the record.

The filing of objections does not stay a reinstatement ordered in

the preliminary order. If a hearing is not requested within the

30 days, the preliminary order is final and not subject to judicial

review.

‘‘(C) A hearing shall be conducted expeditiously. Not later than

120 days after the end of the hearing, the Secretary of Labor

shall issue a final order. Before the final order is issued, the

proceeding may be ended by a settlement agreement made by

the Secretary of Labor, the complainant, and the person alleged

to have committed the violation.

‘‘(3)(A) If the Secretary of Labor decides, on the basis of a

complaint, a person violated subsection (a) of this section, the

Secretary of Labor shall order the person to—

‘‘(i) take affirmative action to abate the violation;

‘‘(ii) reinstate the complainant to the former position

with the same pay and terms and privileges of employment;

and

‘‘(iii) pay compensatory damages, including backpay

with interest and compensation for any special damages

sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney

fees.

‘‘(B) If the Secretary of Labor issues an order under subparagraph (A) of this paragraph and the complainant requests, the

Secretary of Labor may assess against the person against whom

the order is issued the costs (including attorney fees) reasonably

Investigation.

Notification.

Notification.

Deadlines.

121 STAT. 466 PUBLIC LAW 110–53—AUG. 3, 2007

incurred by the complainant in bringing the complaint. The Secretary of Labor shall determine the costs that reasonably were

incurred.

‘‘(C) Relief in any action under subsection (b) may include

punitive damages in an amount not to exceed $250,000.

‘‘(c) DE NOVO REVIEW.—With respect to a complaint under

paragraph (1), if the Secretary of Labor has not issued a final

decision within 210 days after the filing of the complaint and

if the delay is not due to the bad faith of the employee, the

employee may bring an original action at law or equity for de

novo review in the appropriate district court of the United States,

which shall have jurisdiction over such an action without regard

to the amount in controversy, and which action shall, at the request

of either party to such action, be tried by the court with a jury.

‘‘(d) JUDICIAL REVIEW AND VENUE.—A person adversely affected

by an order issued after a hearing under subsection (b) of this

section may file a petition for review, not later than 60 days

after the order is issued, in the court of appeals of the United

States for the circuit in which the violation occurred or the person

resided on the date of the violation. Review shall conform to chapter

7 of title 5. The review shall be heard and decided expeditiously.

An order of the Secretary of Labor subject to review under this

subsection is not subject to judicial review in a criminal or other

civil proceeding.

‘‘(e) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply

with an order issued under subsection (b) of this section, the Secretary of Labor shall bring a civil action to enforce the order

in the district court of the United States for the judicial district

in which the violation occurred.

‘‘(f) NO PREEMPTION.—Nothing in this section preempts or

diminishes any other safeguards against discrimination, demotion,

discharge, suspension, threats, harassment, reprimand, retaliation,

or any other manner of discrimination provided by Federal or

State law.

‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section

shall be deemed to diminish the rights, privileges, or remedies

of any employee under any Federal or State law or under any

collective bargaining agreement. The rights and remedies in this

section may not be waived by any agreement, policy, form, or

condition of employment.

‘‘(h) DISCLOSURE OF IDENTITY.—

‘‘(1) Except as provided in paragraph (2) of this subsection,

or with the written consent of the employee, the Secretary

of Transportation or the Secretary of Homeland Security may

not disclose the name of an employee who has provided information about an alleged violation of this part, or a regulation

prescribed or order issued under any of those provisions.

‘‘(2) The Secretary of Transportation or the Secretary of

Homeland Security shall disclose to the Attorney General the

name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for

enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if

disclosure of that person’s identity or identifying information

is to occur.

‘‘(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE

DEPARTMENT OF HOMELAND SECURITY.—

Deadline.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 467

‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through regulations, after an

opportunity for notice and comment, a process by which any

person may report to the Secretary of Homeland Security

regarding motor carrier vehicle security problems, deficiencies,

or vulnerabilities.

‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted

under paragraph (1) identifies the person making the report,

the Secretary of Homeland Security shall respond promptly

to such person and acknowledge receipt of the report.

‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall

take appropriate steps to address any problems or deficiencies

identified.

‘‘(j) DEFINITION.—In this section, ‘employee’ means a driver

of a commercial motor vehicle (including an independent contractor

when personally operating a commercial motor vehicle), a mechanic,

a freight handler, or an individual not an employer, who—

‘‘(1) directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier;

and

‘‘(2) is not an employee of the United States Government,

a State, or a political subdivision of a State acting in the

course of employment.’’.

SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.

(a) REENACTMENT OF SSRS.—Section 14504 of title 49, United

States Code, as that section was in effect on December 31, 2006,

shall be in effect as a law of the United States for the period

beginning on January 1, 2007, ending on the earlier of January

1, 2008, or the effective date of the final regulations issued pursuant

to subsection (b).

(b) DEADLINE FOR FINAL REGULATIONS.—Not later than October

1, 2007, the Federal Motor Carrier Safety Administration shall

issue final regulations to establish the Unified Carrier Registration

System, as required by section 13908 of title 49, United States

Code, and set fees for the unified carrier registration agreement

for calendar year 2007 or subsequent calendar years to be charged

to motor carriers, motor private carriers, and freight forwarders

under such agreement, as required by 14504a of title 49, United

States Code.

(c) REPEAL OF SSRS.—Section 4305(a) of the Safe, Accountable,

Flexible Efficient Transportation Equity Act: A Legacy for Users

(119 Stat. 1764) is amended by striking ‘‘the first January’’ and

all that follows through ‘‘this Act’’ and inserting ‘‘January 1, 2008’’.

SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.

(a) SCHOOL BUS SECURITY RISK ASSESSMENT.—Not later than

1 year after the date of enactment of this Act, the Secretary shall

transmit to the appropriate congressional committees a report,

including a classified report, as appropriate, containing a comprehensive assessment of the risk of a terrorist attack on the

Nation’s school bus transportation system in accordance with the

requirements of this section.

(b) CONTENTS OF RISK ASSESSMENT.—The assessment shall

include—

Reports.

Deadline.

Classified

information.

49 USC 14504

note.

49 USC 13908

note.

Effective date.

Termination

date.

49 USC 14504

note.

Regulations.

Notice.

121 STAT. 468 PUBLIC LAW 110–53—AUG. 3, 2007

(1) an assessment of security risks to the Nation’s school

bus transportation system, including publicly and privately

operated systems;

(2) an assessment of actions already taken by operators

or others to address identified security risks; and

(3) an assessment of whether additional actions and investments are necessary to improve the security of passengers

traveling on school buses and a list of such actions or investments, if appropriate.

(c) CONSULTATION.—In conducting the risk assessment, the Secretary shall consult with administrators and officials of school systems, representatives of the school bus industry, including both

publicly and privately operated systems, public safety and law

enforcement officials, and nonprofit employee labor organizations

representing school bus drivers.

SEC. 1539. TECHNICAL AMENDMENT.

Section 1992(d)(7) of title 18, United States Code, is amended

by inserting ‘‘intercity bus transportation’’ after ‘‘includes’’.

SEC. 1540. TRUCK SECURITY ASSESSMENT.

(a) DEFINITION.—For the purposes of this section, the term

‘‘truck’’ means any self-propelled or towed motor vehicle used on

a highway in interstate commerce to transport property when the

vehicle—

(1) has a gross vehicle weight rating or gross combination

weight rating, or gross vehicle weight or gross combination

weight, of 4,536 kg (10,001 pounds) or more, whichever is

greater; or

(2) is used in transporting material found by the Secretary

of Transportation to be hazardous under section 5103 of title

49, United States Code, and transported in a quantity requiring

placarding under regulations prescribed by the Secretary under

subtitle B, chapter I, subchapter C of title 49, Code of Federal

Regulations.

(b) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary

of Transportation, shall transmit a report to the appropriate

congressional committees on truck security issues that includes—

(1) a security risk assessment of the trucking industry;

(2) an assessment of actions already taken by both public

and private entities to address identified security risks;

(3) an assessment of the economic impact that security

upgrades of trucks, truck equipment, or truck facilities may

have on the trucking industry and its employees, including

independent owner-operators;

(4) an assessment of ongoing research by public and private

entities and the need for additional research on truck security;

(5) an assessment of industry best practices to enhance

security; and

(6) an assessment of the current status of secure truck

parking.

(c) FORMAT.—The Secretary may submit the report in both

classified and redacted formats if the Secretary determines that

such action is appropriate or necessary.

Deadline.

Reports.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 469

SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.

Not later than 1 year after the date of enactment of this

Act, the Secretary of Transportation and the Secretary shall execute

and develop an annex to the Memorandum of Understanding

between the two departments signed on September 28, 2004, governing the specific roles, delineations of responsibilities, resources,

and commitments of the Department of Transportation and the

Department of Homeland Security, respectively, in addressing motor

carrier transportation security matters, including over-the-road bus

security matters, and shall cover the processes the Departments

will follow to promote communications, efficiency, and nonduplication of effort.

SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT PROGRAM.

(a) INITIAL REPORT.—Not later than 90 days after the date

of enactment of this Act, the Inspector General of the Department

of Homeland Security shall submit a report to the appropriate

congressional committees on the Federal trucking industry security

grant program, for fiscal years 2004 and 2005 that—

(1) addresses the grant announcement, application, receipt,

review, award, monitoring, and closeout processes; and

(2) states the amount obligated or expended under the

program for fiscal years 2004 and 2005 for—

(A) infrastructure protection;

(B) training;

(C) equipment;

(D) educational materials;

(E) program administration;

(F) marketing; and

(G) other functions.

(b) SUBSEQUENT REPORT.—Not later than 1 year after the date

of enactment of this Act, the Inspector General of the Department

of Homeland Security shall submit a report to the appropriate

congressional committees that—

(1) analyzes the performance, efficiency, and effectiveness

of the Federal trucking industry security grant program, and

the need for the program using all years of available data;

and

(2) makes recommendations regarding the future of the

program, including options to improve the effectiveness and

utility of the program and motor carrier security.

Subtitle D—Hazardous Material and

Pipeline Security

SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.

(a) IN GENERAL.—Not later than 9 months after the date of

enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, shall publish a final rule based on the

Pipeline and Hazardous Materials Safety Administration’s Notice

of Proposed Rulemaking published on December 21, 2006, entitled

‘‘Hazardous Materials: Enhancing Railroad Transportation Safety

and Security for Hazardous Materials Shipments’’. The final rule

Deadline.

Regulations.

6 USC 1201.

Deadline.

6 USC 1186.

121 STAT. 470 PUBLIC LAW 110–53—AUG. 3, 2007

shall incorporate the requirements of this section and, as appropriate, public comments received during the comment period of

the rulemaking.

(b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The

Secretary of Transportation shall ensure that the final rule requires

each railroad carrier transporting security-sensitive materials in

commerce to, no later than 90 days after the end of each calendar

year, compile security-sensitive materials commodity data. Such

data must be collected by route, line segment, or series of line

segments, as aggregated by the railroad carrier. Within the railroad

carrier selected route, the commodity data must identify the

geographic location of the route and the total number of shipments

by the United Nations identification number for the security-sensitive materials.

(c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITY- SENSITIVE MATERIALS.—The Secretary of Transportation shall

ensure that the final rule requires each railroad carrier transporting

security-sensitive materials in commerce to, for each calendar year,

provide a written analysis of the safety and security risks for

the transportation routes identified in the security-sensitive materials commodity data collected as required by subsection (b). The

safety and security risks present shall be analyzed for the route,

railroad facilities, railroad storage facilities, and high-consequence

targets along or in proximity to the route.

(d) ALTERNATIVE ROUTE ANALYSIS FOR SECURITY-SENSITIVE

MATERIALS.—The Secretary of Transportation shall ensure that the

final rule requires each railroad carrier transporting security-sensitive materials in commerce to—

(1) for each calendar year—

(A) identify practicable alternative routes over which

the railroad carrier has authority to operate as compared

to the current route for such a shipment analyzed under

subsection (c); and

(B) perform a safety and security risk assessment of

the alternative route for comparison to the route analysis

specified in subsection (c);

(2) ensure that the analysis under paragraph (1) includes—

(A) identification of safety and security risks for an

alternative route;

(B) comparison of those risks identified under subparagraph (A) to the primary railroad transportation route,

including the risk of a catastrophic release from a shipment

traveling along the alternate route compared to the primary

route;

(C) any remediation or mitigation measures implemented on the primary or alternative route; and

(D) potential economic effects of using an alternative

route; and

(3) consider when determining the practicable alternative

routes under paragraph (1)(A) the use of interchange agreements with other railroad carriers.

(e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE

MATERIALS.—The Secretary of Transportation shall ensure that the

final rule requires each railroad carrier transporting security-sensitive materials in commerce to use the analysis required by subsections (c) and (d) to select the safest and most secure route

to be used in transporting security-sensitive materials.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 471

(f) REVIEW.—The Secretary of Transportation shall ensure that

the final rule requires each railroad carrier transporting securitysensitive materials in commerce to annually review and select the

practicable route posing the least overall safety and security risk

in accordance with this section. The railroad carrier must retain

in writing all route review and selection decision documentation

and restrict the distribution, disclosure, and availability of information contained in the route analysis to appropriate persons. This

documentation should include, but is not limited to, comparative

analyses, charts, graphics, or railroad system maps.

(g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation

shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, not less than

once every 3 years, analyze the route selection determinations

required under this section. Such an analysis shall include a comprehensive, systemwide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature

of high-consequence targets located along or in proximity to the

route, or other changes affecting the safety and security of the

movements of security-sensitive materials that were implemented

since the previous analysis was completed.

(h) CONSULTATION.—In carrying out subsection (c), railroad carriers transporting security-sensitive materials in commerce shall

seek relevant information from State, local, and tribal officials,

as appropriate, regarding security risks to high-consequence targets

along or in proximity to a route used by a railroad carrier to

transport security-sensitive materials.

(i) DEFINITIONS.—In this section:

(1) The term ‘‘route’’ includes storage facilities and trackage

used by railroad cars in transportation in commerce.

(2) The term ‘‘high-consequence target’’ means a property,

natural resource, location, area, or other target designated by

the Secretary that is a viable terrorist target of national significance, which may include a facility or specific critical infrastructure, the attack of which by railroad could result in—

(A) catastrophic loss of life;

(B) significant damage to national security or defense

capabilities; or

(C) national economic harm.

SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.

(a) COMMUNICATIONS.—

(1) IN GENERAL.—In conjunction with the research and

development program established under section 1518 and consistent with the results of research relating to wireless and

other tracking technologies, the Secretary, in consultation with

the Administrator of the Transportation Security Administration, shall develop a program that will encourage the equipping

of railroad cars transporting security-sensitive materials, as

defined in section 1501, with technology that provides—

(A) car position location and tracking capabilities; and

(B) notification of railroad car depressurization, breach,

unsafe temperature, or release of hazardous materials, as

appropriate.

(2) COORDINATION.—In developing the program required

by paragraph (1), the Secretary shall—

6 USC 1202.

121 STAT. 472 PUBLIC LAW 110–53—AUG. 3, 2007

(A) consult with the Secretary of Transportation to

coordinate the program with any ongoing or planned efforts

for railroad car tracking at the Department of Transportation; and

(B) ensure that the program is consistent with recommendations and findings of the Department of Homeland

Security’s hazardous material railroad tank car tracking

pilot programs.

(b) FUNDING.—From the amounts appropriated pursuant to

114(w) of title 49, United States Code, as amended by section

1503 of this title, there shall be made available to the Secretary

to carry out this section— (1) $3,000,000 for fiscal year 2008;

(2) $3,000,000 for fiscal year 2009; and

(3) $3,000,000 for fiscal year 2010.

SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.

(a) ROUTE PLAN GUIDANCE.—Not later than 1 year after the

date of enactment of this Act, the Secretary of Transportation,

in consultation with the Secretary, shall—

(1) document existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials

by motor carrier, and develop a framework for using a

geographic information system-based approach to characterize

routes in the national hazardous materials route registry;

(2) assess and characterize existing and proposed routes

for the transportation of radioactive and nonradioactive hazardous materials by motor carrier for the purpose of identifying

measurable criteria for selecting routes based on safety and

security concerns;

(3) analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify

cross-border differences and conflicting regulations;

(4) document the safety and security concerns of the public,

motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazardous materials;

(5) prepare guidance materials for State officials to assist

them in identifying and reducing both safety concerns and

security risks when designating highway routes for hazardous

materials consistent with the 13 safety-based nonradioactive

materials routing criteria and radioactive materials routing

criteria in subpart C part 397 of title 49, Code of Federal

Regulations;

(6) develop a tool that will enable State officials to examine

potential routes for the highway transportation of hazardous

materials, assess specific security risks associated with each

route, and explore alternative mitigation measures; and

(7) transmit to the appropriate congressional committees

a report on the actions taken to fulfill paragraphs (1) through

(6) and any recommended changes to the routing requirements

for the highway transportation of hazardous materials in part

397 of title 49, Code of Federal Regulations.

(b) ROUTE PLANS.—

(1) ASSESSMENT.—Not later than 1 year after the date

of enactment of this Act, the Secretary of Transportation shall

complete an assessment of the safety and national security

benefits achieved under existing requirements for route plans,

Deadline.

Reports.

Deadlines.

6 USC 1203.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 473

in written or electronic format, for explosives and radioactive

materials. The assessment shall, at a minimum—

(A) compare the percentage of Department of Transportation recordable incidents and the severity of such

incidents for shipments of explosives and radioactive materials for which such route plans are required with the

percentage of recordable incidents and the severity of such

incidents for shipments of explosives and radioactive materials not subject to such route plans; and

(B) quantify the security and safety benefits, feasibility,

and costs of requiring each motor carrier that is required

to have a hazardous material safety permit under part

385 of title 49, Code of Federal Regulations, to maintain,

follow, and carry such a route plan that meets the requirements of section 397.101 of that title when transporting

the type and quantity of hazardous materials described

in section 385.403, taking into account the various segments of the motor carrier industry, including tank truck,

truckload and less than truckload carriers.

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit

a report to the appropriate congressional committees containing

the findings and conclusions of the assessment.

(c) REQUIREMENT.—The Secretary shall require motor carriers

that have a hazardous material safety permit under part 385 of

title 49, Code of Federal Regulations, to maintain, follow, and

carry a route plan, in written or electronic format, that meets

the requirements of section 397.101 of that title when transporting

the type and quantity of hazardous materials described in section

385.403 if the Secretary determines, under the assessment required

in subsection (b), that such a requirement would enhance security

and safety without imposing unreasonable costs or burdens upon

motor carriers.

SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL

TRACKING.

(a) COMMUNICATIONS.—

(1) IN GENERAL.—Not later than 6 months after the date

of enactment of this Act, consistent with the findings of the

Transportation Security Administration’s hazardous materials

truck security pilot program, the Secretary, through the

Administrator of the Transportation Security Administration

and in consultation with the Secretary of Transportation, shall

develop a program to facilitate the tracking of motor carrier

shipments of security-sensitive materials and to equip vehicles

used in such shipments with technology that provides—

(A) frequent or continuous communications;

(B) vehicle position location and tracking capabilities;

and

(C) a feature that allows a driver of such vehicles

to broadcast an emergency distress signal.

(2) CONSIDERATIONS.—In developing the program required

by paragraph (1), the Secretary shall—

(A) consult with the Secretary of Transportation to

coordinate the program with any ongoing or planned efforts

for motor carrier or security-sensitive materials tracking

at the Department of Transportation;

Deadline.

6 USC 1204.

121 STAT. 474 PUBLIC LAW 110–53—AUG. 3, 2007

(B) take into consideration the recommendations and

findings of the report on the hazardous material safety

and security operational field test released by the Federal

Motor Carrier Safety Administration on November 11,

2004; and

(C) evaluate—

(i) any new information related to the costs and

benefits of deploying, equipping, and utilizing tracking

technology, including portable tracking technology, for

motor carriers transporting security-sensitive materials not included in the hazardous material safety

and security operational field test report released by

the Federal Motor Carrier Safety Administration on

November 11, 2004;

(ii) the ability of tracking technology to resist tampering and disabling;

(iii) the capability of tracking technology to collect,

display, and store information regarding the movement

of shipments of security-sensitive materials by commercial motor vehicles;

(iv) the appropriate range of contact intervals

between the tracking technology and a commercial

motor vehicle transporting security-sensitive materials;

(v) technology that allows the installation by a

motor carrier of concealed electronic devices on

commercial motor vehicles that can be activated by

law enforcement authorities to disable the vehicle or

alert emergency response resources to locate and

recover security-sensitive materials in the event of loss

or theft of such materials;

(vi) whether installation of the technology

described in clause (v) should be incorporated into

the program under paragraph (1);

(vii) the costs, benefits, and practicality of such

technology described in clause (v) in the context of

the overall benefit to national security, including commerce in transportation; and

(viii) other systems and information the Secretary

determines appropriate.

(b) FUNDING.—From the amounts appropriated pursuant to

section 114(w) of title 49, United States Code, as amended by

section 1503 of this Act, there shall be made available to the

Secretary to carry out this section—

(1) $7,000,000 for fiscal year 2008 of which $3,000,000

may be used for equipment;

(2) $7,000,000 for fiscal year 2009 of which $3,000,000

may be used for equipment; and

(3) $7,000,000 for fiscal year 2010 of which $3,000,000

may be used for equipment.

(c) REPORT.—Not later than 1 year after the issuance of regulations under subsection (a), the Secretary shall issue a report to

the appropriate congressional committees on the program developed

and evaluation carried out under this section.

(d) LIMITATION.—The Secretary may not mandate the installation or utilization of a technology described under this section

without additional congressional authority provided after the date

of enactment of this Act.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 475

SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND

STUDY.

(a) IN GENERAL.—The Secretary of Transportation shall consult

with the Secretary to limit, to the extent practicable, duplicative

reviews of the hazardous materials security plans required under

part 172, title 49, Code of Federal Regulations.

(b) TRANSPORTATION COSTS STUDY.—Within 1 year after the

date of enactment of this Act, the Secretary of Transportation,

in conjunction with the Secretary, shall study to what extent the

insurance, security, and safety costs borne by railroad carriers,

motor carriers, pipeline carriers, air carriers, and maritime carriers

associated with the transportation of hazardous materials are

reflected in the rates paid by offerors of such commodities as compared to the costs and rates, respectively, for the transportation

of nonhazardous materials.

SEC. 1556. TECHNICAL CORRECTIONS.

(a) CORRECTION.—Section 5103a of title 49, United States Code,

is amended—

(1) in subsection (a)(1) by striking ‘‘Secretary’’ and inserting

‘‘Secretary of Homeland Security’’;

(2) in subsection (b) by striking ‘‘Secretary’’ each place

it appears and inserting ‘‘Secretary of Transportation’’;

(3) in subsection (d)(1)(B) by striking ‘‘Secretary’’ and

inserting ‘‘Secretary of Homeland Security’’; and

(4) in subsection (e) by striking ‘‘Secretary’’ and inserting

‘‘Secretary of Homeland Security’’ each place it appears.

(b) RELATIONSHIP TO TRANSPORTATION SECURITY CARDS.—

(1) BACKGROUND CHECK.—An individual who has a valid

transportation employee identification card issued by the Secretary under section 70105 of title 46, United States Code,

shall be deemed to have met the background records check

required under section 5103a of title 49, United States Code.

(2) STATE REVIEW.—Nothing in this subsection prevents

or preempts a State from conducting a criminal records check

of an individual that has applied for a license to operate a

motor vehicle transporting in commerce a hazardous material.

SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

(a) IN GENERAL.—Not later than 9 months after the date of

enactment of this Act, consistent with the Annex to the Memorandum of Understanding executed on August 9, 2006, between

the Department of Transportation and the Department, the Secretary, in consultation with the Secretary of Transportation, shall

establish a program for reviewing pipeline operator adoption of

recommendations of the September 5, 2002, Department of

Transportation Research and Special Programs Administration’s

Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections.

(b) REVIEW AND INSPECTION.—Not later than 12 months after

the date of enactment of this Act, the Secretary and the Secretary

of Transportation shall develop and implement a plan for reviewing

the pipeline security plans and an inspection of the critical facilities

of the 100 most critical pipeline operators covered by the September

5, 2002, circular, where such facilities have not been inspected

for security purposes since September 5, 2002, by either the Department or the Department of Transportation.

Deadlines.

6 USC 1207.

6 USC 1206.

Deadline.

6 USC 1205.

121 STAT. 476 PUBLIC LAW 110–53—AUG. 3, 2007

(c) COMPLIANCE REVIEW METHODOLOGY.—In reviewing pipeline

operator compliance under subsections (a) and (b), risk assessment

methodologies shall be used to prioritize risks and to target inspection and enforcement actions to the highest risk pipeline assets.

(d) REGULATIONS.—Not later than 18 months after the date

of enactment of this Act, the Secretary and the Secretary of

Transportation shall develop and transmit to pipeline operators

security recommendations for natural gas and hazardous liquid

pipelines and pipeline facilities. If the Secretary determines that

regulations are appropriate, the Secretary shall consult with the

Secretary of Transportation on the extent of risk and appropriate

mitigation measures, and the Secretary or the Secretary of

Transportation, consistent with the Annex to the Memorandum

of Understanding executed on August 9, 2006, shall promulgate

such regulations and carry out necessary inspection and enforcement actions. Any regulations shall incorporate the guidance provided to pipeline operators by the September 5, 2002, Department

of Transportation Research and Special Programs Administration’s

Pipeline Security Information Circular and contain additional

requirements as necessary based upon the results of the inspections

performed under subsection (b). The regulations shall include the

imposition of civil penalties for noncompliance.

(e) FUNDING.—From the amounts appropriated pursuant to section 114(w) of title 49, United States Code, as amended by section

1503 of this Act, there shall be made available to the Secretary

to carry out this section—

(1) $2,000,000 for fiscal year 2008;

(2) $2,000,000 for fiscal year 2009; and

(3) $2,000,000 for fiscal year 2010.

SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Pipeline

and Hazardous Materials Safety Administration, and in accordance

with the Annex to the Memorandum of Understanding executed

on August 9, 2006, the National Strategy for Transportation Security, and Homeland Security Presidential Directive–7, shall develop

a pipeline security and incident recovery protocols plan. The plan

shall include—

(1) for the Government to provide increased security support to the most critical interstate and intrastate natural gas

and hazardous liquid transmission pipeline infrastructure and

operations as determined under section 1557 when—

(A) under severe security threat levels of alert; or

(B) under specific security threat information relating

to such pipeline infrastructure or operations exists; and

(2) an incident recovery protocol plan, developed in conjunction with interstate and intrastate transmission and distribution pipeline operators and terminals and facilities operators

connected to pipelines, to develop protocols to ensure the continued transportation of natural gas and hazardous liquids to

essential markets and for essential public health or national

defense uses in the event of an incident affecting the interstate

and intrastate natural gas and hazardous liquid transmission

and distribution pipeline system, which shall include protocols

for restoring essential services supporting pipelines and

6 USC 1208.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 477

granting access to pipeline operators for pipeline infrastructure

repair, replacement, or bypass following an incident.

(b) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS.—The plan

shall take into account actions taken or planned by both private

and public entities to address identified pipeline security issues

and assess the effective integration of such actions.

(c) CONSULTATION.—In developing the plan under subsection

(a), the Secretary shall consult with the Secretary of Transportation,

interstate and intrastate transmission and distribution pipeline

operators, nonprofit employee organizations representing pipeline

employees, emergency responders, offerors, State pipeline safety

agencies, public safety officials, and other relevant parties.

(d) REPORT.— (1) CONTENTS.—Not later than 2 years after the date of

enactment of this Act, the Secretary shall transmit to the

appropriate congressional committees a report containing the

plan required by subsection (a), including an estimate of the

private and public sector costs to implement any recommendations.

(2) FORMAT.—The Secretary may submit the report in both

classified and redacted formats if the Secretary determines

that such action is appropriate or necessary.

TITLE XVI—AVIATION

SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.

Section 44940 of title 49, United States Code, is amended—

(1) in subsection (d)(4) by inserting ‘‘, other than subsection

(i),’’ before ‘‘except to’’; and

(2) by adding at the end the following:

‘‘(i) CHECKPOINT SCREENING SECURITY FUND.—

‘‘(1) ESTABLISHMENT.—There is established in the Department of Homeland Security a fund to be known as the ‘Checkpoint Screening Security Fund’.

‘‘(2) DEPOSITS.—In fiscal year 2008, after amounts are made available under section 44923(h), the next $250,000,000 derived

from fees received under subsection (a)(1) shall be available

to be deposited in the Fund.

‘‘(3) FEES.—The Secretary of Homeland Security shall

impose the fee authorized by subsection (a)(1) so as to collect

at least $250,000,000 in fiscal year 2008 for deposit into the

Fund.

‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall

be available until expended by the Administrator of the

Transportation Security Administration for the purchase,

deployment, installation, research, and development of equipment to improve the ability of security screening personnel

at screening checkpoints to detect explosives.’’.

SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

(a) IN GENERAL.—Section 44901 of title 49, United States Code,

is amended—

(1) by redesignating subsections (g) and (h) as subsections

(h) and (i), respectively; and

(2) by inserting after subsection (f) the following:

121 STAT. 478 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.— ‘‘(1) IN GENERAL.—Not later than 3 years after the date

of enactment of the Implementing Recommendations of the

9/11 Commission Act of 2007, the Secretary of Homeland Security shall establish a system to screen 100 percent of cargo

transported on passenger aircraft operated by an air carrier

or foreign air carrier in air transportation or intrastate air

transportation to ensure the security of all such passenger

aircraft carrying cargo.

‘‘(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by

the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft

described in paragraph (1) to provide a level of security

commensurate with the level of security for the screening of

passenger checked baggage as follows:

‘‘(A) 50 percent of such cargo is so screened not later

than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of

2007.

‘‘(B) 100 percent of such cargo is so screened not later

than 3 years after such date of enactment.

‘‘(3) REGULATIONS.—

‘‘(A) INTERIM FINAL RULE.—The Secretary of Homeland

Security may issue an interim final rule as a temporary

regulation to implement this subsection without regard

to the provisions of chapter 5 of title 5.

‘‘(B) FINAL RULE.—

‘‘(i) IN GENERAL.—If the Secretary issues an

interim final rule under subparagraph (A), the Secretary shall issue, not later than one year after the

effective date of the interim final rule, a final rule

as a permanent regulation to implement this subsection in accordance with the provisions of chapter

5 of title 5.

‘‘(ii) FAILURE TO ACT.—If the Secretary does not

issue a final rule in accordance with clause (i) on

or before the last day of the one-year period referred

to in clause (i), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, Committee on Commerce, Science, and

Transportation of the Senate, and the Committee on

Homeland Security and Governmental Affairs of the

Senate a report explaining why the final rule was

not timely issued and providing an estimate of the

earliest date on which the final rule will be issued.

The Secretary shall submit the first such report within

10 days after such last day and submit a report to

the Committees containing updated information every

30 days thereafter until the final rule is issued.

‘‘(iii) SUPERCEDING OF INTERIM FINAL RULE.—The

final rule issued in accordance with this subparagraph

shall supersede the interim final rule issued under

subparagraph (A).

‘‘(4) REPORT.—Not later than 1 year after the date of

establishment of the system under paragraph (1), the Secretary

Deadline.

Reports.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 479

shall submit to the Committees referred to in paragraph

(3)(B)(ii) a report that describes the system.

‘‘(5) SCREENING DEFINED.—In this subsection the term

‘screening’ means a physical examination or non-intrusive

methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems,

explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation

Security Administration, or a physical search together with

manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat

to transportation security and to assist in meeting the requirements of this subsection. Such additional cargo screening

methods shall not include solely performing a review of information about the contents of cargo or verifying the identity of

a shipper of the cargo that is not performed in conjunction

with other security methods authorized under this subsection,

including whether a known shipper is registered in the known

shipper database. Such additional cargo screening methods may

include a program to certify the security methods used by

shippers pursuant to paragraphs (1) and (2) and alternative

screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.’’.

(b) ASSESSMENT OF EXEMPTIONS.—

(1) TSA ASSESSMENT.—

(A) IN GENERAL.—Not later than 120 days after the

date of enactment of this Act, the Secretary of Homeland

Security shall submit to the appropriate committees of

Congress and to the Comptroller General a report containing an assessment of each exemption granted under

section 44901(i)(1) of title 49, United States Code, for the

screening required by such section for cargo transported

on passenger aircraft and an analysis to assess the risk

of maintaining such exemption.

(B) CONTENTS.—The report under subparagraph (A)

shall include—

(i) the rationale for each exemption;

(ii) what percentage of cargo is not screened in

accordance with section 44901(g) of title 49, United

States Code;

(iii) the impact of each exemption on aviation security;

(iv) the projected impact on the flow of commerce

of eliminating each exemption, respectively, should the

Secretary choose to take such action; and

(v) plans and rationale for maintaining, changing,

or eliminating each exemption.

(C) FORMAT.—The Secretary may submit the report

under subparagraph (A) in both classified and redacted

formats if the Secretary determines that such action is

appropriate or necessary.

(2) GAO ASSESSMENT.—Not later than 120 days after the

date on which the report under paragraph (1) is submitted,

the Comptroller General shall review the report and submit

to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and

Deadline.

Deadline.

Reports.

121 STAT. 480 PUBLIC LAW 110–53—AUG. 3, 2007

Transportation of the Senate, and the Committee on Homeland

Security and Governmental Affairs of the Senate an assessment

of the methodology of determinations made by the Secretary

for maintaining, changing, or eliminating an exemption under

section 44901(i)(1) of title 49, United States Code.

SEC. 1603. IN-LINE BAGGAGE SCREENING.

(a) EXTENSION OF AUTHORIZATION.—Section 44923(i)(1) of title

49, United States Code, is amended by striking ‘‘2007.’’ and

inserting ‘‘2007, and $450,000,000 for each of fiscal years 2008

through 2011’’.

(b) SUBMISSION OF COST-SHARING STUDY AND PLAN.—Not later

than 60 days after the date of enactment of this Act, the Secretary

for Homeland Security shall submit to the appropriate congressional

committees the cost sharing study described in section 4019(d)

of the Intelligence Reform and Terrorism Prevention Act of 2004

(118 Stat. 3722), together with the Secretary’s analysis of the study,

a list of provisions of the study the Secretary intends to implement,

and a plan and schedule for implementation of such listed provisions.

SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

(a) IN GENERAL.—Section 44923 of title 49, United States Code,

is amended—

(1) in subsection (a) by striking ‘‘may make’’ and inserting

‘‘shall make’’;

(2) in subsection (d)(1) by striking ‘‘may’’ and inserting

‘‘shall’’;

(3) in subsection (h)(1) by striking ‘‘2007’’ and inserting

‘‘2028’’;

(4) in subsection (h) by striking paragraphs (2) and (3)

and inserting the following:

‘‘(2) ALLOCATION.—Of the amount made available under

paragraph (1) for a fiscal year, not less than $200,000,000

shall be allocated to fulfill letters of intent issued under subsection (d).

‘‘(3) DISCRETIONARY GRANTS.—Of the amount made available under paragraph (1) for a fiscal year, up to $50,000,000

shall be used to make discretionary grants, including other

transaction agreements for airport security improvement

projects, with priority given to small hub airports and nonhub

airports.’’;

(5) by redesignating subsection (i) as subsection (j); and

(6) by inserting after subsection (h) the following:

‘‘(i) LEVERAGED FUNDING.—For purposes of this section, a grant

under subsection (a) to an airport sponsor to service an obligation

issued by or on behalf of that sponsor to fund a project described

in subsection (a) shall be considered to be a grant for that project.’’.

(b) PRIORITIZATION OF PROJECTS.—

(1) IN GENERAL.—The Administrator of the Transportation

Security Administration shall establish a prioritization schedule

for airport security improvement projects described in section

44923 of title 49, United States Code, based on risk and other

relevant factors, to be funded under that section. The schedule

shall include both hub airports referred to in paragraphs (29),

(31), and (42) of section 40102 of such title and nonhub airports

(as defined in section 47102(13) of such title).

Airport security.

49 USC 44923.

Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 481

(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.—The

schedule shall include airports that have incurred eligible costs

associated with development of partial or completed in-line

baggage systems before the date of enactment of this Act in

reasonable anticipation of receiving a grant under section 44923

of title 49, United States Code, in reimbursement of those

costs but that have not received such a grant.

(3) REPORT.—Not later than 180 days after the date of

enactment of this Act, the Administrator shall provide a copy

of the prioritization schedule, a corresponding timeline, and

a description of the funding allocation under section 44923

of title 49, United States Code, to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee

on Homeland Security of the House of Representatives.

SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED

PASSENGER PRESCREENING SYSTEM.

(a) IN GENERAL.—Not later than 120 days after the date of

enactment of this Act, the Secretary of Homeland Security, in

consultation with the Administrator of the Transportation Security

Administration, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce,

Science, and Transportation of the Senate, and the Committee

on Homeland Security and Governmental Affairs of the Senate

a plan that—

(1) describes the system to be utilized by the Department

of Homeland Security to assume the performance of comparing

passenger information, as defined by the Administrator, to

the automatic selectee and no-fly lists, utilizing appropriate

records in the consolidated and integrated terrorist watchlist

maintained by the Federal Government;

(2) provides a projected timeline for each phase of testing

and implementation of the system;

(3) explains how the system will be integrated with the

prescreening system for passengers on international flights;

and

(4) describes how the system complies with section 552a

of title 5, United States Code.

(b) GAO ASSESSMENT.—Not later than 180 days after the date

of enactment of this Act, the Comptroller General shall submit

a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security

of the House of Representatives that—

(1) describes the progress made by the Transportation Security Administration in implementing the secure flight passenger

pre-screening program;

(2) describes the effectiveness of the current appeals process

for passengers wrongly assigned to the no-fly and terrorist

watch lists;

(3) describes the Transportation Security Administration’s

plan to protect private passenger information and progress

made in integrating the system with the pre-screening program

for international flights operated by United States Customs

and Border Protection;

(4) provides a realistic determination of when the system

will be completed; and

Reports.

Deadlines.

49 USC 44903

note.

121 STAT. 482 PUBLIC LAW 110–53—AUG. 3, 2007

(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate.

SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS

WRONGLY DELAYED OR PROHIBITED FROM BOARDING

A FLIGHT.

(a) IN GENERAL.—Subchapter I of chapter 449 of title 49, United

States Code is amended by adding at the end the following:

‘‘§ 44926. Appeal and redress process for passengers wrongly

delayed or prohibited from boarding a flight

‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall

establish a timely and fair process for individuals who believe

they have been delayed or prohibited from boarding a commercial

aircraft because they were wrongly identified as a threat under

the regimes utilized by the Transportation Security Administration,

United States Customs and Border Protection, or any other office

or component of the Department of Homeland Security.

‘‘(b) OFFICE OF APPEALS AND REDRESS.—

‘‘(1) ESTABLISHMENT.—The Secretary shall establish in the

Department an Office of Appeals and Redress to implement,

coordinate, and execute the process established by the Secretary

pursuant to subsection (a). The Office shall include representatives from the Transportation Security Administration, United

States Customs and Border Protection, and such other offices

and components of the Department as the Secretary determines

appropriate.

‘‘(2) RECORDS.—The process established by the Secretary

pursuant to subsection (a) shall include the establishment of

a method by which the Office, under the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified

and have corrected erroneous information.

‘‘(3) INFORMATION.—To prevent repeated delays of an

misidentified passenger or other individual, the Office shall—

‘‘(A) ensure that the records maintained under this

subsection contain information determined by the Secretary

to authenticate the identity of such a passenger or individual;

‘‘(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any

other appropriate office or component of the Department,

upon request, such information as may be necessary to

allow such office or component to assist air carriers in

improving their administration of the advanced passenger

prescreening system and reduce the number of false

positives; and

‘‘(C) require air carriers and foreign air carriers take

action to identify passengers determined, under the process

established under subsection (a), to have been wrongly

identified.

‘‘(4) HANDLING OF PERSONALLY IDENTIFIABLE INFORMATION.—The Secretary, in conjunction with the Chief Privacy

Officer of the Department shall—

‘‘(A) require that Federal employees of the Department

handling personally identifiable information of passengers

(in this paragraph referred to as ‘PII’) complete mandatory

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 483

privacy and security training prior to being authorized

to handle PII;

‘‘(B) ensure that the records maintained under this

subsection are secured by encryption, one-way hashing,

other data anonymization techniques, or such other equivalent security technical protections as the Secretary determines necessary;

‘‘(C) limit the information collected from misidentified

passengers or other individuals to the minimum amount

necessary to resolve a redress request;

‘‘(D) require that the data generated under this subsection shall be shared or transferred via a secure data

network, that has been audited to ensure that the antihacking and other security related software functions properly and is updated as necessary;

‘‘(E) ensure that any employee of the Department

receiving the data contained within the records handles

the information in accordance with the section 552a of

title 5, United States Code, and the Federal Information

Security Management Act of 2002 (Public Law 107–296);

‘‘(F) only retain the data for as long as needed to

assist the individual traveler in the redress process; and

‘‘(G) conduct and publish a privacy impact assessment

of the process described within this subsection and transmit

the assessment to the Committee on Homeland Security

of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Homeland Security and Governmental Affairs

of the Senate.

‘‘(5) INITIATION OF REDRESS PROCESS AT AIRPORTS.—The

Office shall establish at each airport at which the Department

has a significant presence a process to provide information

to air carrier passengers to begin the redress process established pursuant to subsection (a).’’.

(b) CLERICAL AMENDMENT.—The analysis for such chapter is

amended by inserting after the item relating to section 44925 the

following:

‘‘44926. Appeal and redress process for passengers wrongly delayed or prohibited

from boarding a flight.’’.

SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER

SCREENING CHECKPOINTS.

(a) IN GENERAL.—Not later than 30 days after the date of

enactment of this Act, the Secretary of Homeland Security, in

consultation with the Administrator of the Transportation Security

Administration, shall issue the strategic plan the Secretary was

required by section 44925(b) of title 49, United States Code, to

have issued within 90 days after the date of enactment of the

Intelligence Reform and Terrorism Prevention Act of 2004 (Public

Law 108–458).

(b) DEPLOYMENT.—Section 44925(b) of title 49, United States

Code, is amended by adding at the end the following:

‘‘(3) IMPLEMENTATION.—The Secretary shall begin

implementation of the strategic plan within one year after

the date of enactment of this paragraph.’’.

Deadline.

Strategic plan.

49 USC 44925

note.

121 STAT. 484 PUBLIC LAW 110–53—AUG. 3, 2007

SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY TECHNOLOGY.

Section 137(a) of the Aviation and Transportation Security

Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended—

(1) by striking ‘‘2002 through 2006’’ and inserting ‘‘2006

through 2011’’;

(2) by striking ‘‘aviation’’ and inserting ‘‘transportation’’;

and

(3) by striking ‘‘2002 and 2003’’ and inserting ‘‘2006 through

2011’’.

SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.

Section 44901 of title 49, United States Code, as amended

by section 1602, is further amended by adding at the end the

following:

‘‘(j) BLAST-RESISTANT CARGO CONTAINERS.— ‘‘(1) IN GENERAL.—Before January 1, 2008, the Administrator of the Transportation Security Administration shall—

‘‘(A) evaluate the results of the blast-resistant cargo

container pilot program that was initiated before the date

of enactment of this subsection; and

‘‘(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees

of Congress and air carriers a report on that evaluation

which may contain nonclassified and classified sections.

‘‘(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon

completion and consistent with the results of the evaluation

that paragraph (1)(A) requires, the Administrator shall—

‘‘(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and

replace blast-resistant cargo containers;

‘‘(B) pay for the program; and

‘‘(C) make available blast-resistant cargo containers

to air carriers pursuant to paragraph (3).

‘‘(3) DISTRIBUTION TO AIR CARRIERS.—The Administrator

shall make available, beginning not later than July 1, 2008,

blast-resistant cargo containers to air carriers for use on a

risk managed basis as determined by the Administrator.’’.

SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.

(a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.—

(1) RESEARCH AND DEVELOPMENT.—The Secretary of Homeland Security, in consultation with the Administrator of the

Transportation Security Administration, shall expedite research

and development programs for technologies that can disrupt

or prevent an explosive device from being introduced onto a

passenger plane or from damaging a passenger plane while

in flight or on the ground. The research shall be used in

support of implementation of section 44901 of title 49, United

States Code.

(2) PILOT PROJECTS.—The Secretary, in conjunction with

the Secretary of Transportation, shall establish a grant program

to fund pilot projects—

(A) to deploy technologies described in paragraph (1);

and

(B) to test technologies to expedite the recovery,

development, and analysis of information from aircraft

Grants.

49 USC 44901

note.

Reports.

Deadlines.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 485

accidents to determine the cause of the accident, including

deployable flight deck and voice recorders and remote location recording devices.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Homeland Security for fiscal

year 2008 such sums as may be necessary to carry out this section.

Such sums shall remain available until expended.

SEC. 1611. SPECIALIZED TRAINING.

The Administrator of the Transportation Security Administration shall provide advanced training to transportation security officers for the development of specialized security skills, including

behavior observation and analysis, explosives detection, and document examination, in order to enhance the effectiveness of layered

transportation security measures.

SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

(a) IN GENERAL.—Notwithstanding any provision of law, any

statutory limitation on the number of employees in the Transportation Security Administration, before or after its transfer to the

Department of Homeland Security from the Department of

Transportation, does not apply after fiscal year 2007.

(b) AVIATION SECURITY.—Notwithstanding any provision of law

imposing a limitation on the recruiting or hiring of personnel into

the Transportation Security Administration to a maximum number

of permanent positions, the Secretary of Homeland Security shall

recruit and hire such personnel into the Administration as may

be necessary—

(1) to provide appropriate levels of aviation security; and

(2) to accomplish that goal in such a manner that the

average aviation security-related delay experienced by airline

passengers is reduced to a level of less than 10 minutes.

SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT

AIRPORT EXIT LANES.

(a) IN GENERAL.—The Administrator of the Transportation

Security Administration shall conduct a pilot program at not more

than 2 airports to identify technologies to improve security at airport exit lanes.

(b) PROGRAM COMPONENTS.—In conducting the pilot program

under this section, the Administrator shall—

(1) utilize different technologies that protect the integrity

of the airport exit lanes from unauthorized entry;

(2) work with airport officials to deploy such technologies

in multiple configurations at a selected airport or airports at

which some of the exits are not colocated with a screening

checkpoint; and

(3) ensure the level of security is at or above the level

of existing security at the airport or airports where the pilot

program is conducted.

(c) REPORTS.—

(1) INITIAL BRIEFING.—Not later than 180 days after the

date of enactment of this Act, the Administrator shall conduct

a briefing to the congressional committees set forth in paragraph (3) that describes—

(A) the airport or airports selected to participate in

the pilot program;

(B) the technologies to be tested;

49 USC 44903

note.

49 USC 114 note.

49 USC 114 note.

121 STAT. 486 PUBLIC LAW 110–53—AUG. 3, 2007

(C) the potential savings from implementing the technologies at selected airport exits;

(D) the types of configurations expected to be deployed

at such airports; and

(E) the expected financial contribution from each airport.

(2) FINAL REPORT.—Not later than 18 months after the

technologies are deployed at the airports participating in the

pilot program, the Administrator shall submit a final report

to the congressional committees set forth in paragraph (3)

that describes—

(A) the changes in security procedures and technologies

deployed;

(B) the estimated cost savings at the airport or airports

that participated in the pilot program; and

(C) the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United

States.

(3) CONGRESSIONAL COMMITTEES.—The reports required

under this subsection shall be submitted to—

(A) the Committee on Commerce, Science, and

Transportation of the Senate;

(B) the Committee on Appropriations of the Senate;

(C) the Committee on Homeland Security and Governmental Affairs of the Senate;

(D) the Committee on Homeland Security of the House

of Representatives; and

(E) the Committee on Appropriations of the House

of Representatives.

(d) USE OF EXISTING FUNDS.—This section shall be executed

using existing funds.

SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security

Administration, after consultation with airline, airport, and flight

crew representatives, shall submit to the Committee on Commerce,

Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives,

and the Committee on Transportation and Infrastructure of the

House of Representatives a report on the status of the Administration’s efforts to institute a sterile area access system or method

that will enhance security by properly identifying authorized airline

flight deck and cabin crew members at screening checkpoints and

granting them expedited access through screening checkpoints. The

Administrator shall include in the report recommendations on the

feasibility of implementing the system for the domestic aviation

industry beginning 1 year after the date on which the report is

submitted.

(b) BEGINNING IMPLEMENTATION.—The Administrator shall

begin implementation of the system or method referred to in subsection (a) not later than 1 year after the date on which the

Administrator submits the report under subsection (a).

SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.

(a) IN GENERAL.—Section 44903(h)(6) of title 49, United States

Code, is amended to read as follows:

49 USC 44903

note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 487

‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR ARMED LAW

ENFORCEMENT TRAVEL.— ‘‘(A) IN GENERAL.—Not later than 18 months after the

date of enactment of the Implementing Recommendations

of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Attorney General,

shall—

‘‘(i) implement this section by publication in the

Federal Register; and

‘‘(ii) establish a national registered armed law

enforcement program, that shall be federally managed,

for law enforcement officers needing to be armed when

traveling by commercial aircraft.

‘‘(B) PROGRAM REQUIREMENTS.—The program shall—

‘‘(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;

‘‘(ii) establish a system for law enforcement officers

who need to be armed when traveling by commercial

aircraft on a regular basis and for those who need

to be armed during temporary travel assignments;

‘‘(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential

Directive 12;

‘‘(iv) apply to all Federal, State, local, tribal, and

territorial government law enforcement agencies; and

‘‘(v) establish a process by which the travel credential or system may be used to verify the identity,

using biometric technology, of a Federal, State, local,

tribal, or territorial law enforcement officer seeking

to carry a weapon on board a commercial aircraft,

without unnecessarily disclosing to the public that the

individual is a law enforcement officer.

‘‘(C) PROCEDURES.—In establishing the program, the

Secretary shall develop procedures—

‘‘(i) to ensure that a law enforcement officer of

a Federal, State, local, tribal, or territorial government

flying armed has a specific reason for flying armed

and the reason is within the scope of the duties of

such officer;

‘‘(ii) to preserve the anonymity of the armed law

enforcement officer;

‘‘(iii) to resolve failures to enroll, false matches,

and false nonmatches relating to the use of the law

enforcement travel credential or system;

‘‘(iv) to determine the method of issuance of the

biometric credential to law enforcement officers

needing to be armed when traveling by commercial

aircraft;

‘‘(v) to invalidate any law enforcement travel

credential or system that is lost, stolen, or no longer

authorized for use;

‘‘(vi) to coordinate the program with the Federal

Air Marshal Service, including the force multiplier program of the Service; and

‘‘(vii) to implement a phased approach to launching

the program, addressing the immediate needs of the

Federal Register,

publication.

Deadline.

121 STAT. 488 PUBLIC LAW 110–53—AUG. 3, 2007

relevant Federal agent population before expanding

to other law enforcement populations.’’.

(b) REPORT.—

(1) IN GENERAL.—Not later than 180 days after implementing the national registered armed law enforcement program required by section 44903(h)(6) of title 49, United States

Code, the Secretary of Homeland Security shall submit to the

Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Homeland Security of the House

of Representatives a report. If the Secretary has not implemented the program within 180 days after the date of enactment of this Act, the Secretary shall submit a report to the

Committees within 180 days explaining the reasons for the

failure to implement the program within the time required

by that section and a further report within each successive

90-day period until the program is implemented explaining

the reasons for such further delays in implementation until

the program is functioning.

(2) CLASSIFIED FORMAT.—The Secretary may submit each

report required by this subsection in classified format.

SEC. 1616. REPAIR STATION SECURITY.

(a) CERTIFICATION OF FOREIGN REPAIR STATIONS SUSPENSION.—

If the regulations required by section 44924(f) of title 49, United

States Code, are not issued within 1 year after the date of enactment

of this Act, the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145

of title 14, Code of Federal Regulations, after such date unless

the station was previously certified, or is in the process of certification by the Administration under that part.

(b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND AUDIT.—

Subsections (a) and (d) of section 44924 of title 49, United States

Code, is amended—

(1) in each of subsections (a) and (b) by striking ‘‘18 months’’

and inserting ‘‘6 months’’; and

(2) in subsection (d) by inserting ‘‘(other than a station

that was previously certified, or is in the process of certification,

by the Administration under this part)’’ before ‘‘until’’.

SEC. 1617. GENERAL AVIATION SECURITY.

Section 44901 of title 49, United States Code, as amended

by sections 1602 and 1609, is further amended by adding at the

end the following:

‘‘(k) GENERAL AVIATION AIRPORT SECURITY PROGRAM.—

‘‘(1) IN GENERAL.—Not later than one year after the date

of enactment of this subsection, the Administrator of the

Transportation Security Administration shall—

‘‘(A) develop a standardized threat and vulnerability

assessment program for general aviation airports (as

defined in section 47134(m)); and

‘‘(B) implement a program to perform such assessments

on a risk-managed basis at general aviation airports.

‘‘(2) GRANT PROGRAM.—Not later than 6 months after the

date of enactment of this subsection, the Administrator shall

initiate and complete a study of the feasibility of a program,

based on a risk-managed approach, to provide grants to operators of general aviation airports (as defined in section 47134(m))

Deadlines.

Deadline.

49 USC 44924

note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 489

for projects to upgrade security at such airports. If the Administrator determines that such a program is feasible, the Administrator shall establish such a program.

‘‘(3) APPLICATION TO GENERAL AVIATION AIRCRAFT.—Not

later than 180 days after the date of enactment of this subsection, the Administrator shall develop a risk-based system

under which—

‘‘(A) general aviation aircraft, as identified by the

Administrator, in coordination with the Administrator of

the Federal Aviation Administration, are required to

submit passenger information and advance notification

requirements for United States Customs and Border Protection before entering United States airspace; and

‘‘(B) such information is checked against appropriate

databases.

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to the Administrator of the

Transportation Security Administration such sums as may be

necessary to carry out paragraphs (2) and (3).’’.

SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY

FUNDING.

Section 48301(a) of title 49, United States Code, is amended

by striking ‘‘and 2006’’ and inserting ‘‘2007, 2008, 2009, 2010,

and 2011’’.

TITLE XVII—MARITIME CARGO

SEC. 1701. CONTAINER SCANNING AND SEALS.

(a) CONTAINER SCANNING.—Section 232(b) of the SAFE Ports

Act (6 U.S.C. 982(b)) is amended to read as follows:

‘‘(b) FULL-SCALE IMPLEMENTATION.—

‘‘(1) IN GENERAL.—A container that was loaded on a vessel

in a foreign port shall not enter the United States (either

directly or via a foreign port) unless the container was scanned

by nonintrusive imaging equipment and radiation detection

equipment at a foreign port before it was loaded on a vessel.

‘‘(2) APPLICATION.—Paragraph (1) shall apply with respect

to containers loaded on a vessel in a foreign country on or

after the earlier of—

‘‘(A) July 1, 2012; or

‘‘(B) such other date as may be established by the

Secretary under paragraph (3).

‘‘(3) ESTABLISHMENT OF EARLIER DEADLINE.—The Secretary

shall establish a date under (2)(B) pursuant to the lessons

learned through the pilot integrated scanning systems established under section 231.

‘‘(4) EXTENSIONS.—The Secretary may extend the date

specified in paragraph (2)(A) or (2)(B) for 2 years, and may

renew the extension in additional 2-year increments, for containers loaded in a port or ports, if the Secretary certifies

to Congress that at least two of the following conditions exist:

‘‘(A) Systems to scan containers in accordance with

paragraph (1) are not available for purchase and installation.

Effective dates.

121 STAT. 490 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(B) Systems to scan containers in accordance with

paragraph (1) do not have a sufficiently low false alarm

rate for use in the supply chain.

‘‘(C) Systems to scan containers in accordance with

paragraph (1) cannot be purchased, deployed, or operated

at ports overseas, including, if applicable, because a port

does not have the physical characteristics to install such

a system.

‘‘(D) Systems to scan containers in accordance with

paragraph (1) cannot be integrated, as necessary, with

existing systems.

‘‘(E) Use of systems that are available to scan containers in accordance with paragraph (1) will significantly

impact trade capacity and the flow of cargo.

‘‘(F) Systems to scan containers in accordance with

paragraph (1) do not adequately provide an automated

notification of questionable or high-risk cargo as a trigger

for further inspection by appropriately trained personnel.

‘‘(5) EXEMPTION FOR MILITARY CARGO.—Notwithstanding

any other provision in the section, supplies bought by the

Secretary of Defense and transported in compliance section

2631 of title 10, United States Code, and military cargo of

foreign countries are exempt from the requirements of this

section.

‘‘(6) REPORT ON EXTENSIONS.—An extension under paragraph (4) for a port or ports shall take effect upon the expiration

of the 60-day period beginning on the date the Secretary provides a report to Congress that—

‘‘(A) states what container traffic will be affected by

the extension;

‘‘(B) provides supporting evidence to support the Secretary’s certification of the basis for the extension; and

‘‘(C) explains what measures the Secretary is taking

to ensure that scanning can be implemented as early as

possible at the port or ports that are the subject of the

report.

‘‘(7) REPORT ON RENEWAL OF EXTENSION.—If an extension

under paragraph (4) takes effect, the Secretary shall, after

one year, submit a report to Congress on whether the Secretary

expects to seek to renew the extension.

‘‘(8) SCANNING TECHNOLOGY STANDARDS.—In implementing

paragraph (1), the Secretary shall—

‘‘(A) establish technological and operational standards

for systems to scan containers;

‘‘(B) ensure that the standards are consistent with

the global nuclear detection architecture developed under

the Homeland Security Act of 2002; and

‘‘(C) coordinate with other Federal agencies that administer scanning or detection programs at foreign ports.

‘‘(9) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In

carrying out this subsection, the Secretary shall consult with

appropriate Federal departments and agencies and private

sector stakeholders, and ensure that actions under this section

do not violate international trade obligations, and are consistent

with the World Customs Organization framework, or other

international obligations of the United States.’’.

Effective date.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 491

(b) DEADLINE FOR CONTAINER SECURITY STANDARDS AND PROCEDURES.—Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4))

is amended by—

(1) striking ‘‘(1) DEADLINE FOR ENFORCEMENT.—’’ and

inserting the following:

‘‘(1) DEADLINE FOR ENFORCEMENT.—

‘‘(A) ENFORCEMENT OF RULE.—’’; and

(2) adding at the end the following:

‘‘(B) INTERIM REQUIREMENT.—If the interim final rule

described in paragraph (2) is not issued by April 1, 2008,

then—

‘‘(i) effective not later than October 15, 2008, all

containers in transit to the United States shall be

required to meet the requirements of International

Organization for Standardization Publicly Available

Specification 17712 standard for sealing containers;

and

‘‘(ii) the requirements of this subparagraph shall

cease to be effective upon the effective date of the

interim final rule issued pursuant to this subsection.’’.

TITLE XVIII—PREVENTING WEAPONS

OF MASS DESTRUCTION PROLIFERATION AND TERRORISM

SEC. 1801. FINDINGS.

The 9/11 Commission has made the following recommendations:

(1) STRENGTHEN ‘‘COUNTER-PROLIFERATION’’ EFFORTS.—The

United States should work with the international community

to develop laws and an international legal regime with universal jurisdiction to enable any state in the world to capture,

interdict, and prosecute smugglers of nuclear material.

(2) EXPAND THE PROLIFERATION SECURITY INITIATIVE.—In

carrying out the Proliferation Security Initiative, the United

States should—

(A) use intelligence and planning resources of the

North Atlantic Treaty Organization (NATO) alliance;

(B) make participation open to non-NATO countries;

and

(C) encourage Russia and the People’s Republic of

China to participate.

(3) SUPPORT THE COOPERATIVE THREAT REDUCTION PROGRAM.—The United States should expand, improve, increase

resources for, and otherwise fully support the Cooperative

Threat Reduction program.

SEC. 1802. DEFINITIONS.

In this title:

(1) The terms ‘‘prevention of weapons of mass destruction

proliferation and terrorism’’ and ‘‘prevention of WMD proliferation and terrorism’’ include activities under—

(A) the programs specified in section 1501(b) of the

National Defense Authorization Act for Fiscal Year 1997

(Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note);

50 USC 2902.

50 USC 2901.

121 STAT. 492 PUBLIC LAW 110–53—AUG. 3, 2007

(B) the programs for which appropriations are authorized by section 3101(a)(2) of the Bob Stump National

Defense Authorization Act for Fiscal Year 2003 (Public

Law 107–314; 116 Stat. 2729);

(C) programs authorized by section 504 of the Freedom

for Russia and Emerging Eurasian Democracies and Open

Markets Support Act of 1992 (the FREEDOM Support Act)

(22 U.S.C. 5854) and programs authorized by section 1412

of the Former Soviet Union Demilitarization Act of 1992

(22 U.S.C. 5902); and

(D) a program of any agency of the Federal Government

having a purpose similar to that of any of the programs

identified in subparagraphs (A) through (C), as designated

by the United States Coordinator for the Prevention of

Weapons of Mass Destruction Proliferation and Terrorism

and the head of the agency.

(2) The terms ‘‘weapons of mass destruction’’ and ‘‘WMD’’

mean chemical, biological, and nuclear weapons, and chemical,

biological, and nuclear materials used in the manufacture of

such weapons.

(3) The term ‘‘items of proliferation concern’’ means—

(A) equipment, materials, or technology listed in—

(i) the Trigger List of the Guidelines for Nuclear

Transfers of the Nuclear Suppliers Group;

(ii) the Annex of the Guidelines for Transfers of

Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology of the Nuclear Suppliers

Group; or

(iii) any of the Common Control Lists of the Australia Group; and

(B) any other sensitive items.

Subtitle A—Repeal and Modification of

Limitations on Assistance for Prevention

of WMD Proliferation and Terrorism

SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.

Consistent with the recommendations of the 9/11 Commission,

Congress repeals or modifies the limitations on assistance for

prevention of weapons of mass destruction proliferation and terrorism as follows:

(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991.—Subsections (b) and (c) of section 211 of the Soviet Nuclear Threat

Reduction Act of 1991 (title II of Public Law 102–228; 22

U.S.C. 2551 note) are repealed.

(2) COOPERATIVE THREAT REDUCTION ACT OF 1993.—Section

1203(d) of the Cooperative Threat Reduction Act of 1993 (title

XII of Public Law 103–160; 22 U.S.C. 5952(d)) is repealed.

(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES.—

Section 1305 of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note)

is repealed.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 493

(4) AUTHORITY TO USE COOPERATIVE THREAT REDUCTION

FUNDS OUTSIDE THE FORMER SOVIET UNION—MODIFICATION OF

CERTIFICATION REQUIREMENT; CONGRESSIONAL NOTICE REQUIREMENT.—Section 1308 of the National Defense Authorization

Act for Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 5963)

is amended—

(A) in subsection (a)—

(i) by striking ‘‘the President may’’ and inserting

‘‘the Secretary of Defense may’’; and

(ii) by striking ‘‘if the President’’ and inserting

‘‘if the Secretary of Defense, with the concurrence of

the Secretary of State,’’;

(B) in subsection (d)(1)—

(i) by striking ‘‘The President may not’’ and

inserting ‘‘The Secretary of Defense may not’’; and

(ii) by striking ‘‘until the President’’ and inserting

‘‘until the Secretary of Defense, with the concurrence

of the Secretary of State,’’;

(C) in subsection (d)(2)—

(i) by striking ‘‘Not later than 10 days after’’ and

inserting ‘‘Not later than 15 days prior to’’;

(ii) by striking ‘‘the President shall’’ and inserting

‘‘the Secretary of Defense shall’’; and

(iii) by striking ‘‘Congress’’ and inserting ‘‘the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the

Committee on Armed Services and the Committee on

Foreign Relations of the Senate’’; and

(D) in subsection (d) by adding at the end the following:

‘‘(3) In the case of a situation that threatens human life or

safety or where a delay would severely undermine the national

security of the United States, notification under paragraph (2)

shall be made not later than 10 days after obligating funds under

the authority in subsection (a) for a project or activity.’’.

Subtitle B—Proliferation Security

Initiative

SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS

AND AUTHORITIES.

(a) SENSE OF CONGRESS.—It is the sense of Congress, consistent

with the 9/11 Commission’s recommendations, that the President

should strive to expand and strengthen the Proliferation Security

Initiative (in this subtitle referred to as ‘‘PSI’’) announced by the

President on May 31, 2003, with a particular emphasis on the

following:

(1) Issuing a presidential directive to the relevant United

States Government agencies and departments that directs such

agencies and departments to—

(A) establish clear PSI authorities, responsibilities, and

structures;

(B) include in the budget request for each such agency

or department for each fiscal year, a request for funds

necessary for United States PSI-related activities; and

50 USC 2911.

Public safety.

Defense and

national security.

Deadline.

121 STAT. 494 PUBLIC LAW 110–53—AUG. 3, 2007

(C) provide other necessary resources to achieve more

efficient and effective performance of United States PSIrelated activities.

(2) Increasing PSI cooperation with all countries.

(3) Implementing the recommendations of the Government

Accountability Office (GAO) in the September 2006 report titled

‘‘Better Controls Needed to Plan and Manage Proliferation

Security Initiative Activities’’ (GAO–06–937C) regarding the

following:

(A) The Department of Defense and the Department

of State should establish clear PSI roles and responsibilities, policies and procedures, interagency communication

mechanisms, documentation requirements, and indicators

to measure program results.

(B) The Department of Defense and the Department

of State should develop a strategy to work with PSI-participating countries to resolve issues that are impediments

to conducting successful PSI interdictions.

(4) Establishing a multilateral mechanism to increase

coordination, cooperation, and compliance among PSI-participating countries.

(b) BUDGET SUBMISSION.—

(1) IN GENERAL.—Each fiscal year in which activities are

planned to be carried out under the PSI, the President shall

include in the budget request for each participating United

States Government agency or department for that fiscal year,

a description of the funding and the activities for which the

funding is requested for each such agency or department.

(2) REPORT.—Not later than the first Monday in February

of each year in which the President submits a budget request

described in paragraph (1), the Secretary of Defense and the

Secretary of State shall submit to Congress a comprehensive

joint report setting forth the following:

(A) A 3-year plan, beginning with the fiscal year for

the budget request, that specifies the amount of funding

and other resources to be provided by the United States

for PSI-related activities over the term of the plan,

including the purposes for which such funding and

resources will be used.

(B) For the report submitted in 2008, a description

of the PSI-related activities carried out during the 3 fiscal

years preceding the year of the report, and for the report

submitted in 2009 and each year thereafter, a description

of the PSI-related activities carried out during the fiscal

year preceding the year of the report. The description shall

include, for each fiscal year covered by the report—

(i) the amounts obligated and expended for such

activities and the purposes for which such amounts

were obligated and expended;

(ii) a description of the participation of each department or agency of the United States Government in

such activities;

(iii) a description of the participation of each foreign country or entity in such activities;

(iv) a description of any assistance provided to

a foreign country or entity participating in such activities in order to secure such participation, in response

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 495

to such participation, or in order to improve the quality

of such participation; and

(v) such other information as the Secretary of

Defense and the Secretary of State determine should

be included to keep Congress fully informed of the

operation and activities of the PSI.

(3) CLASSIFICATION.—The report required by paragraph (2)

shall be in an unclassified form but may include a classified

annex as necessary.

(c) IMPLEMENTATION REPORT.—Not later than 180 days after

the date of the enactment of this Act, the President shall transmit

to the Committee on Armed Services and the Committee on Foreign

Affairs of the House of Representatives and the Committee on

Armed Services and the Committee on Foreign Relations of the

Senate a report on the implementation of this section. The report

shall include—

(1) the steps taken to implement the recommendations

described in paragraph (3) of subsection (a); and

(2) the progress made toward implementing the matters

described in paragraphs (1), (2), and (4) of subsection (a).

(d) GAO REPORTS.—The Government Accountability Office shall

submit to Congress, for each of fiscal years 2007, 2009, and 2011,

a report with its assessment of the progress and effectiveness of

the PSI, which shall include an assessment of the measures referred

to in subsection (a).

SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE

COUNTRIES.

(a) IN GENERAL.—The President is authorized to provide assistance under subsection (b) to any country that cooperates with

the United States and with other countries allied with the United

States to prevent the transport and transshipment of items of

proliferation concern in its national territory or airspace or in

vessels under its control or registry.

(b) TYPES OF ASSISTANCE.—The assistance authorized under

subsection (a) consists of the following:

(1) Assistance under section 23 of the Arms Export Control

Act (22 U.S.C. 2763).

(2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.)

and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance Act of 1961.

(3) Drawdown of defense excess defense articles and services under section 516 of the Foreign Assistance Act of 1961

(22 U.S.C. 2321j).

(c) CONGRESSIONAL NOTIFICATION.—Assistance authorized

under this section may not be provided until at least 30 days

after the date on which the President has provided notice thereof

to the Committee on Armed Services, the Committee on Foreign

Affairs, and the Committee on Appropriations of the House of

Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations

of the Senate, in accordance with the procedures applicable to

reprogramming notifications under section 634A(a) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2394–1(a)), and has certified

to such committees that such assistance will be used in accordance

with the requirement of subsection (e) of this section.

50 USC 2912.

121 STAT. 496 PUBLIC LAW 110–53—AUG. 3, 2007

(d) LIMITATION.—Assistance may be provided to a country under

subsection (a) in no more than 3 fiscal years.

(e) USE OF ASSISTANCE.—Assistance provided under this section

shall be used to enhance the capability of the recipient country

to prevent the transport and transshipment of items of proliferation

concern in its national territory or airspace, or in vessels under

its control or registry, including through the development of a

legal framework in that country to enhance such capability by

criminalizing proliferation, enacting strict export controls, and

securing sensitive materials within its borders, and to enhance

the ability of the recipient country to cooperate in PSI operations.

(f) LIMITATION ON SHIP OR AIRCRAFT TRANSFERS.—

(1) LIMITATION.—Except as provided in paragraph (2), the

President may not transfer any excess defense article that

is a vessel or an aircraft to a country that has not agreed,

in connection with such transfer, that it will support and assist

efforts by the United States, consistent with international law,

to interdict items of proliferation concern until 30 days after

the date on which the President has provided notice of the

proposed transfer to the committees described in subsection

(c) in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)), in addition to any

other requirement of law.

(2) EXCEPTION.—The limitation in paragraph (1) shall not

apply to any transfer, not involving significant military equipment, in which the primary use of the aircraft or vessel will

be for counternarcotics, counterterrorism, or counterproliferation purposes.

Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism

SEC. 1831. STATEMENT OF POLICY.

It shall be the policy of the United States, consistent with

the 9/11 Commission’s recommendations, to eliminate any obstacles

to timely obligating and executing the full amount of any appropriated funds for threat reduction and nonproliferation programs

in order to accelerate and strengthen progress on preventing

weapons of mass destruction (WMD) proliferation and terrorism.

Such policy shall be implemented with concrete measures, such

as those described in this title, including the removal and modification of statutory limits to executing funds, the expansion and

strengthening of the Proliferation Security Initiative, the establishment of the Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

under subtitle D, and the establishment of the Commission on

the Prevention of Weapons of Mass Destruction Proliferation and

Terrorism under subtitle E. As a result, Congress intends that

any funds authorized to be appropriated to programs for preventing

WMD proliferation and terrorism under this subtitle will be

executed in a timely manner.

50 USC 2921.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 497

SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION

PROGRAM.

(a) FISCAL YEAR 2008.—

(1) IN GENERAL.—Subject to paragraph (2), there are

authorized to be appropriated to the Department of Defense

Cooperative Threat Reduction Program such sums as may be

necessary for fiscal year 2008 for the following purposes:

(A) Chemical weapons destruction at Shchuch’ye,

Russia.

(B) Biological weapons proliferation prevention.

(C) Acceleration, expansion, and strengthening of

Cooperative Threat Reduction Program activities.

(2) LIMITATION.—The sums appropriated pursuant to paragraph (1) may not exceed the amounts authorized to be appropriated by any national defense authorization Act for fiscal

year 2008 (whether enacted before or after the date of the

enactment of this Act) to the Department of Defense Cooperative Threat Reduction Program for such purposes.

(b) FUTURE YEARS.—It is the sense of Congress that in fiscal

year 2008 and future fiscal years, the President should accelerate

and expand funding for Cooperative Threat Reduction programs

administered by the Department of Defense and such efforts should

include, beginning upon enactment of this Act, encouraging additional commitments by the Russian Federation and other partner

nations, as recommended by the 9/11 Commission.

SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY PROGRAMS TO PREVENT WEAPONS OF

MASS DESTRUCTION PROLIFERATION AND TERRORISM.

(a) IN GENERAL.—Subject to subsection (b), there are authorized

to be appropriated to Department of Energy National Nuclear Security Administration Defense Nuclear Nonproliferation such sums

as may be necessary for fiscal year 2008 to accelerate, expand,

and strengthen the following programs to prevent weapons of mass

destruction (WMD) proliferation and terrorism:

(1) The Global Threat Reduction Initiative.

(2) The Nonproliferation and International Security program.

(3) The International Materials Protection, Control and

Accounting program.

(4) The Nonproliferation and Verification Research and

Development program.

(b) LIMITATION.—The sums appropriated pursuant to subsection

(a) may not exceed the amounts authorized to be appropriated

by any national defense authorization Act for fiscal year 2008

(whether enacted before or after the date of the enactment of

this Act) to Department of Energy National Nuclear Security

Administration Defense Nuclear Nonproliferation for such purposes.

50 USC 2923.

50 USC 2922.

121 STAT. 498 PUBLIC LAW 110–53—AUG. 3, 2007

Subtitle D—Office of the United States Coordinator for the Prevention of Weapons

of Mass Destruction Proliferation and

Terrorism

SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE

PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.

(a) ESTABLISHMENT.—There is established within the Executive

Office of the President an office to be known as the ‘‘Office of

the United States Coordinator for the Prevention of Weapons of

Mass Destruction Proliferation and Terrorism’’ (in this section

referred to as the ‘‘Office’’).

(b) OFFICERS.—

(1) UNITED STATES COORDINATOR.—The head of the Office

shall be the United States Coordinator for the Prevention of

Weapons of Mass Destruction Proliferation and Terrorism (in

this section referred to as the ‘‘Coordinator’’).

(2) DEPUTY UNITED STATES COORDINATOR.—There shall be

a Deputy United States Coordinator for the Prevention of

Weapons of Mass Destruction Proliferation and Terrorism (in

this section referred to as the ‘‘Deputy Coordinator’’), who

shall—

(A) assist the Coordinator in carrying out the responsibilities of the Coordinator under this subtitle; and

(B) serve as Acting Coordinator in the absence of the

Coordinator and during any vacancy in the office of Coordinator.

(3) APPOINTMENT.—The Coordinator and Deputy Coordinator shall be appointed by the President, by and with the

advice and consent of the Senate, and shall be responsible

on a full-time basis for the duties and responsibilities described

in this section.

(4) LIMITATION.—No person shall serve as Coordinator or

Deputy Coordinator while serving in any other position in

the Federal Government.

(5) ACCESS BY CONGRESS.—The establishment of the Office

of the Coordinator within the Executive Office of the President

shall not be construed as affecting access by the Congress

or committees of either House to—

(A) information, documents, and studies in the possession of, or conducted by or at the direction of, the Coordinator; or

(B) personnel of the Office of the Coordinator.

(c) DUTIES.—The responsibilities of the Coordinator shall

include the following:

(1) Serving as the principal advisor to the President on

all matters relating to the prevention of weapons of mass

destruction (WMD) proliferation and terrorism.

(2) Formulating a comprehensive and well-coordinated

United States strategy and policies for preventing WMD proliferation and terrorism, including—

(A) measurable milestones and targets to which departments and agencies can be held accountable;

50 USC 2931.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 499

(B) identification of gaps, duplication, and other inefficiencies in existing activities, initiatives, and programs and

the steps necessary to overcome these obstacles;

(C) plans for preserving the nuclear security investment the United States has made in Russia, the former

Soviet Union, and other countries;

(D) prioritized plans to accelerate, strengthen, and

expand the scope of existing initiatives and programs,

which include identification of vulnerable sites and material and the corresponding actions necessary to eliminate

such vulnerabilities;

(E) new and innovative initiatives and programs to

address emerging challenges and strengthen United States

capabilities, including programs to attract and retain top

scientists and engineers and strengthen the capabilities

of United States national laboratories;

(F) plans to coordinate United States activities, initiatives, and programs relating to the prevention of WMD

proliferation and terrorism, including those of the Department of Energy, the Department of Defense, the Department of State, and the Department of Homeland Security,

and including the Proliferation Security Initiative, the G–

8 Global Partnership Against the Spread of Weapons and

Materials of Mass Destruction, United Nations Security

Council Resolution 1540, and the Global Initiative to Combat Nuclear Terrorism;

(G) plans to strengthen United States commitments

to international regimes and significantly improve cooperation with other countries relating to the prevention of WMD

proliferation and terrorism, with particular emphasis on

work with the international community to develop laws

and an international legal regime with universal jurisdiction to enable any state in the world to interdict and

prosecute smugglers of WMD material, as recommended

by the 9/11 Commission; and

(H) identification of actions necessary to implement

the recommendations of the Commission on the Prevention

of Weapons of Mass Destruction Proliferation and Terrorism established under subtitle E of this title.

(3) Leading inter-agency coordination of United States

efforts to implement the strategy and policies described in

this section.

(4) Conducting oversight and evaluation of accelerated and

strengthened implementation of initiatives and programs to

prevent WMD proliferation and terrorism by relevant government departments and agencies.

(5) Overseeing the development of a comprehensive and

coordinated budget for programs and initiatives to prevent

WMD proliferation and terrorism, ensuring that such budget

adequately reflects the priority of the challenges and is effectively executed, and carrying out other appropriate budgetary

authorities.

(d) STAFF.—The Coordinator may—

(1) appoint, employ, fix compensation, and terminate such

personnel as may be necessary to enable the Coordinator to

perform his or her duties under this title;

121 STAT. 500 PUBLIC LAW 110–53—AUG. 3, 2007

(2) direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within

the Federal Government of personnel employed by such department or agency, in order to implement United States policy

with regard to the prevention of WMD proliferation and terrorism;

(3) use for administrative purposes, on a reimbursable

basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;

(4) procure the services of experts and consultants in

accordance with section 3109 of title 5, United States Code,

relating to appointments in the Federal Service, at rates of

compensation for individuals not to exceed the daily equivalent

of the rate of pay payable for a position at level IV of the

Executive Schedule under section 5315 of title 5, United States

Code; and

(5) use the mails in the same manner as any other department or agency of the executive branch.

(e) CONSULTATION WITH COMMISSION.—The Office and the

Coordinator shall regularly consult with and strive to implement

the recommendations of the Commission on the Prevention of

Weapons of Mass Destruction Proliferation and Terrorism, established under subtitle E of this title.

(f) ANNUAL REPORT ON STRATEGIC PLAN.—For fiscal year 2009

and each fiscal year thereafter, the Coordinator shall submit to

Congress, at the same time as the submission of the budget for

that fiscal year under title 31, United States Code, a report on

the strategy and policies developed pursuant to subsection (c)(2),

together with any recommendations of the Coordinator for legislative changes that the Coordinator considers appropriate with respect

to such strategy and policies and their implementation or the Office

of the Coordinator.

(g) PARTICIPATION IN NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL.—Section 101 of the National Security

Act of 1947 (50 U.S.C. 402) is amended—

(1) by redesignating the last subsection (added as ‘‘(i)’’

by section 301 of Public Law 105–292) as subsection (k); and

(2) by adding at the end the following:

‘‘(l) PARTICIPATION OF COORDINATOR FOR THE PREVENTION OF

WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.—

The United States Coordinator for the Prevention of Weapons of

Mass Destruction Proliferation and Terrorism (or, in the Coordinator’s absence, the Deputy United States Coordinator) may, in the

performance of the Coordinator’s duty as principal advisor to the

President on all matters relating to the prevention of weapons

of mass destruction proliferation and terrorism, and, subject to

the direction of the President, attend and participate in meetings

of the National Security Council and the Homeland Security

Council.’’.

SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND COORDINATION ON THE PREVENTION OF

WEAPONS OF MASS DESTRUCTION PROLIFERATION AND

TERRORISM.

It is the sense of the Congress that, as soon as practical,

the President should engage the President of the Russian Federation in a discussion of the purposes and goals for the establishment

50 USC 2932.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 501

of the Office of the United States Coordinator for the Prevention

of Weapons of Mass Destruction Proliferation and Terrorism (in

this section referred to as the ‘‘Office’’), the authorities and responsibilities of the United States Coordinator for the Prevention of

Weapons of Mass Destruction Proliferation and Terrorism (in this

section referred to as the ‘‘United States Coordinator’’), and the

importance of strong cooperation between the United States Coordinator and a senior official of the Russian Federation having authorities and responsibilities for preventing weapons of mass destruction

proliferation and terrorism commensurate with those of the United

States Coordinator, and with whom the United States Coordinator

should coordinate planning and implementation of activities within

and outside of the Russian Federation having the purpose of preventing weapons of mass destruction proliferation and terrorism.

Subtitle E—Commission on the Prevention

of Weapons of Mass Destruction Proliferation and Terrorism

SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION

OF WEAPONS OF MASS DESTRUCTION PROLIFERATION

AND TERRORISM.

There is established the Commission on the Prevention of

Weapons of Mass Destruction Proliferation and Terrorism (in this

subtitle referred to as the ‘‘Commission’’).

SEC. 1852. PURPOSES OF COMMISSION.

(a) IN GENERAL.—The purposes of the Commission are to—

(1) assess current activities, initiatives, and programs to

prevent weapons of mass destruction proliferation and terrorism; and

(2) provide a clear and comprehensive strategy and concrete

recommendations for such activities, initiatives, and programs.

(b) IN PARTICULAR.—The Commission shall give particular

attention to activities, initiatives, and programs to secure all nuclear

weapons-usable material around the world and to significantly

accelerate, expand, and strengthen, on an urgent basis, United

States and international efforts to prevent, stop, and counter the

spread of nuclear weapons capabilities and related equipment, material, and technology to terrorists and states of concern.

SEC. 1853. COMPOSITION OF COMMISSION.

(a) MEMBERS.—The Commission shall be composed of 9 members, of whom—

(1) 1 member shall be appointed by the leader of the

Senate of the Democratic Party (majority or minority leader,

as the case may be), with the concurrence of the leader of

the House of Representatives of the Democratic party (majority

or minority leader as the case may be), who shall serve as

chairman of the Commission;

(2) 2 members shall be appointed by the senior member

of the Senate leadership of the Democratic party;

(3) 2 members shall be appointed by the senior member

of the Senate leadership of the Republican party;

121 STAT. 502 PUBLIC LAW 110–53—AUG. 3, 2007

(4) 2 members shall be appointed by the senior member

of the leadership of the House of Representatives of the Democratic party; and

(5) 2 members shall be appointed by the senior member

of the leadership of the House of Representatives of the Republican party.

(b) QUALIFICATIONS.—It is the sense of Congress that individuals appointed to the Commission should be prominent United

States citizens, with significant depth of experience in the nonproliferation or arms control fields.

(c) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be appointed within 90 days of the date of the enactment

of this Act.

(d) INITIAL MEETING.—The Commission shall meet and begin

the operations of the Commission as soon as practicable.

(e) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of

its members. Six members of the Commission shall constitute a

quorum. Any vacancy in the Commission shall not affect its powers,

but shall be filled in the same manner in which the original appointment was made.

SEC. 1854. RESPONSIBILITIES OF COMMISSION.

(a) IN GENERAL.—The Commission shall address—

(1) the roles, missions, and structure of all relevant government departments, agencies, and other actors, including the

Office of the United States Coordinator for the Prevention

of Weapons of Mass Destruction Proliferation and Terrorism

established under subtitle D of this title;

(2) inter-agency coordination;

(3) United States commitments to international regimes

and cooperation with other countries; and

(4) the threat of weapons of mass destruction proliferation

and terrorism to the United States and its interests and allies,

including the threat posed by black-market networks, and the

effectiveness of the responses by the United States and the

international community to such threats.

(b) FOLLOW-ON BAKER-CUTLER REPORT.—The Commission shall

also reassess, and where necessary update and expand on, the

conclusions and recommendations of the report titled ‘‘A Report

Card on the Department of Energy’s Nonproliferation Programs

with Russia’’ of January 2001 (also known as the ‘‘Baker-Cutler

Report’’) and implementation of such recommendations.

SEC. 1855. POWERS OF COMMISSION.

(a) HEARINGS AND EVIDENCE.—The Commission or, on the

authority of the Commission, any subcommittee or member thereof,

may, for the purpose of carrying out this subtitle, hold such hearings

and sit and act at such times and places, take such testimony,

receive such evidence, and administer such oaths as the Commission

or such designated subcommittee or designated member may determine advisable.

(b) CONTRACTING.—The Commission may, to such extent and

in such amounts as are provided in appropriations Acts, enter

into contracts to enable the Commission to discharge its duties

under this subtitle.

(c) STAFF OF COMMISSION.—

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 503

(1) APPOINTMENT AND COMPENSATION.—The chairman of

the Commission, in accordance with rules agreed upon by the

Commission, may appoint and fix the compensation of a staff

director and such other personnel as may be necessary to

enable the Commission to carry out its functions, without

regard to the provisions of title 5, United States Code, governing

appointments in the competitive service, and without regard

to the provisions of chapter 51 and subchapter III of chapter

53 of such title relating to classification and General Schedule

pay rates, except that no rate of pay fixed under this subsection

may exceed the equivalent of that payable for a position at

level V of the Executive Schedule under section 5316 of title

5, United States Code.

(2) PERSONNEL AS FEDERAL EMPLOYEES.—

(A) IN GENERAL.—The executive director and any

employees of the Commission shall be employees under

section 2105 of title 5, United States Code, for purposes

of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that

title.

(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall

not be construed to apply to members of the Commission.

(3) DETAILEES.—Any Federal Government employee may

be detailed to the Commission without reimbursement from

the Commission, and such detailee shall retain the rights,

status, and privileges of his or her regular employment without

interruption.

(4) CONSULTANT SERVICES.—The Commission may procure

the services of experts and consultants in accordance with

section 3109 of title 5, United States Code, but at rates not

to exceed the daily rate paid a person occupying a position

at level IV of the Executive Schedule under section 5315 of

title 5, United States Code.

(5) EMPHASIS ON SECURITY CLEARANCES.—Emphasis shall

be made to hire employees and retain contractors and detailees

with active security clearances.

(d) INFORMATION FROM FEDERAL AGENCIES.—

(1) IN GENERAL.—The Commission is authorized to secure

directly from any executive department, bureau, agency, board,

commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates,

and statistics for the purposes of this subtitle. Each department,

bureau, agency, board, commission, office, independent

establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates,

and statistics directly to the Commission, upon request made

by the chairman, the chairman of any subcommittee created

by a majority of the Commission, or any member designated

by a majority of the Commission.

(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—

Information shall only be received, handled, stored, and

disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive

orders.

(e) ASSISTANCE FROM FEDERAL AGENCIES.—

(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission

121 STAT. 504 PUBLIC LAW 110–53—AUG. 3, 2007

on a reimbursable basis administrative support and other services for the performance of the Commission’s functions.

(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to

the assistance prescribed in paragraph (1), departments and

agencies of the United States may provide to the Commission

such services, funds, facilities, staff, and other support services

as they may determine advisable and as may be authorized

by law.

(f) GIFTS.—The Commission may accept, use, and dispose of

gifts or donations of services or property.

(g) POSTAL SERVICES.—The Commission may use the United

States mails in the same manner and under the same conditions

as departments and agencies of the United States.

SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE

ACT.

(a) IN GENERAL.—The Federal Advisory Committee Act (5

U.S.C. App.) shall not apply to the Commission.

(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF

REPORTS.—The Commission shall—

(1) hold public hearings and meetings to the extent appropriate; and

(2) release public versions of the report required under

section 1857.

(c) PUBLIC HEARINGS.—Any public hearings of the Commission

shall be conducted in a manner consistent with the protection

of information provided to or developed for or by the Commission

as required by any applicable statute, regulation, or Executive

order.

SEC. 1857. REPORT.

Not later than 180 days after the appointment of the Commission, the Commission shall submit to the President and Congress

a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by

a majority of Commission members.

SEC. 1858. TERMINATION.

(a) IN GENERAL.—The Commission, and all the authorities of

this subtitle, shall terminate 60 days after the date on which

the final report is submitted under section 1857.

(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The

Commission may use the 60-day period referred to in subsection

(a) for the purpose of concluding its activities, including providing

testimony to committees of Congress concerning its report and

disseminating the final report.

SEC. 1859. FUNDING.

(a) IN GENERAL.—There are authorized to be appropriated such

sums as may be necessary for the purposes of the activities of

the Commission under this title.

(b) DURATION OF AVAILABILITY.—Amounts made available to

the Commission under subsection (a) shall remain available until

the termination of the Commission.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 505

TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH

INTERNATIONAL COOPERATION.

(a) FINDINGS.—Congress finds the following:

(1) The development and implementation of technology is

critical to combating terrorism and other high consequence

events and implementing a comprehensive homeland security

strategy.

(2) The United States and its allies in the global war

on terrorism share a common interest in facilitating research,

development, testing, and evaluation of equipment, capabilities,

technologies, and services that will aid in detecting, preventing,

responding to, recovering from, and mitigating against acts

of terrorism.

(3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and

technological expertise in, homeland security.

(4) The United States and certain of its allies in the global

war on terrorism have a history of successful collaboration

in developing mutually beneficial equipment, capabilities, technologies, and services in the areas of defense, agriculture, and

telecommunications.

(5) The United States and its allies in the global war

on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism.

(6) The establishment of an office to facilitate and support

cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard

lives and property worldwide against acts of terrorism and

other high consequence events.

(b) PROMOTING ANTITERRORISM THROUGH INTERNATIONAL

COOPERATION ACT.—

(1) IN GENERAL.—Title III of the Homeland Security Act

of 2002 (6 U.S.C. 181 et seq.) is amended by adding after

section 316, as added by section 1101 of this Act, the following:

‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL

COOPERATION PROGRAM.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) DIRECTOR.—The term ‘Director’ means the Director

selected under subsection (b)(2).

‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.—The term

‘international cooperative activity’ includes—

‘‘(A) coordinated research projects, joint research

projects, or joint ventures;

‘‘(B) joint studies or technical demonstrations;

‘‘(C) coordinated field exercises, scientific seminars,

conferences, symposia, and workshops;

‘‘(D) training of scientists and engineers;

6 USC 195c.

6 USC 195c note.

121 STAT. 506 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(E) visits and exchanges of scientists, engineers, or

other appropriate personnel;

‘‘(F) exchanges or sharing of scientific and technological

information; and

‘‘(G) joint use of laboratory facilities and equipment.

‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECURITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.—

‘‘(1) ESTABLISHMENT.—The Under Secretary shall establish

the Science and Technology Homeland Security International

Cooperative Programs Office.

‘‘(2) DIRECTOR.—The Office shall be headed by a Director,

who—

‘‘(A) shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report

to the Under Secretary; and

‘‘(B) may be an officer of the Department serving in

another position.

‘‘(3) RESPONSIBILITIES.—

‘‘(A) DEVELOPMENT OF MECHANISMS.—The Director

shall be responsible for developing, in coordination with

the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other

Federal agencies, understandings and agreements to allow

and to support international cooperative activity in support

of homeland security.

‘‘(B) PRIORITIES.—The Director shall be responsible for

developing, in coordination with the Office of International

Affairs and other Federal agencies, strategic priorities for

international cooperative activity for the Department in

support of homeland security.

‘‘(C) ACTIVITIES.—The Director shall facilitate the planning, development, and implementation of international

cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the

Under Secretary considers appropriate, including grants,

cooperative agreements, or contracts to or with foreign

public or private entities, governmental organizations,

businesses (including small businesses and socially and

economically disadvantaged small businesses (as those

terms are defined in sections 3 and 8 of the Small Business

Act (15 U.S.C. 632 and 637), respectively)), federally funded

research and development centers, and universities.

‘‘(D) IDENTIFICATION OF PARTNERS.—The Director shall

facilitate the matching of United States entities engaged

in homeland security research with non-United States entities engaged in homeland security research so that they

may partner in homeland security research activities.

‘‘(4) COORDINATION.—The Director shall ensure that the

activities under this subsection are coordinated with the Office

of International Affairs and the Department of State and, as

appropriate, the Department of Defense, the Department of

Energy, and other relevant Federal agencies or interagency

bodies. The Director may enter into joint activities with other

Federal agencies.

‘‘(c) MATCHING FUNDING.—

‘‘(1) IN GENERAL.—

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 507

‘‘(A) EQUITABILITY.—The Director shall ensure that

funding and resources expended in international cooperative activity will be equitably matched by the foreign

partner government or other entity through direct funding,

funding of complementary activities, or the provision of

staff, facilities, material, or equipment.

‘‘(B) GRANT MATCHING AND REPAYMENT.—

‘‘(i) IN GENERAL.—The Secretary may require a

recipient of a grant under this section—

‘‘(I) to make a matching contribution of not

more than 50 percent of the total cost of the proposed project for which the grant is awarded; and

‘‘(II) to repay to the Secretary the amount

of the grant (or a portion thereof), interest on

such amount at an appropriate rate, and such

charges for administration of the grant as the Secretary determines appropriate.

‘‘(ii) MAXIMUM AMOUNT.—The Secretary may not

require that repayment under clause (i)(II) be more

than 150 percent of the amount of the grant, adjusted

for inflation on the basis of the Consumer Price Index.

‘‘(2) FOREIGN PARTNERS.—Partners may include Israel, the

United Kingdom, Canada, Australia, Singapore, and other allies

in the global war on terrorism as determined to be appropriate

by the Secretary of Homeland Security and the Secretary of

State.

‘‘(3) LOANS OF EQUIPMENT.—The Director may make or

accept loans of equipment for research and development and

comparative testing purposes.

‘‘(d) FOREIGN REIMBURSEMENTS.—If the Science and Technology

Homeland Security International Cooperative Programs Office

participates in an international cooperative activity with a foreign

partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the

project may be credited to appropriate current appropriations

accounts of the Directorate of Science and Technology.

‘‘(e) REPORT TO CONGRESS ON INTERNATIONAL COOPERATIVE

ACTIVITIES.—Not later than one year after the date of enactment

of this section, and every 5 years thereafter, the Under Secretary,

acting through the Director, shall submit to Congress a report

containing—

‘‘(1) a brief description of each grant, cooperative agreement, or contract made or entered into under subsection

(b)(3)(C), including the participants, goals, and amount and

sources of funding; and

‘‘(2) a list of international cooperative activities underway,

including the participants, goals, expected duration, and

amount and sources of funding, including resources provided

to support the activities in lieu of direct funding.

‘‘(f) ANIMAL AND ZOONOTIC DISEASES.—As part of the international cooperative activities authorized in this section, the Under

Secretary, in coordination with the Chief Medical Officer, the

Department of State, and appropriate officials of the Department

of Agriculture, the Department of Defense, and the Department

of Health and Human Services, may enter into cooperative activities

with foreign countries, including African nations, to strengthen

121 STAT. 508 PUBLIC LAW 110–53—AUG. 3, 2007

American preparedness against foreign animal and zoonotic diseases overseas that could harm the Nation’s agricultural and public

health sectors if they were to reach the United States.

‘‘(g) CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF

STATE.—Nothing in this section shall be construed to alter or affect

the following provisions of law:

‘‘(1) Title V of the Foreign Relations Authorization Act,

Fiscal Year 1979 (22 U.S.C. 2656a et seq.).

‘‘(2) Section 112b(c) of title 1, United States Code.

‘‘(3) Section 1(e)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).

‘‘(4) Sections 2 and 27 of the Arms Export Control Act

(22 U.S.C. 2752 and 22 U.S.C. 2767).

‘‘(5) Section 622(c) of the Foreign Assistance Act of 1961

(22 U.S.C. 2382(c)).

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as are

necessary.’’.

(2) 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 316, as added by section 1101

of this Act, the following:

‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’.

SEC. 1902. TRANSPARENCY OF FUNDS.

For each Federal award (as that term is defined in section

2 of the Federal Funding Accountability and Transparency Act

of 2006 (31 U.S.C. 6101 note)) under this title or an amendment

made by this title, the Director of the Office of Management and

Budget shall ensure full and timely compliance with the requirements of the Federal Funding Accountability and Transparency

Act of 2006 (31 U.S.C. 6101 note).

TITLE XX—9/11 COMMISSION

INTERNATIONAL IMPLEMENTATION

SEC. 2001. SHORT TITLE.

This title may be cited as the ‘‘9/11 Commission International

Implementation Act of 2007’’.

SEC. 2002. DEFINITION.

In this title, except as otherwise provided, the term ‘‘appropriate

congressional committees’’—

(1) means—

(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives;

and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and

(2) includes, for purposes of subtitle D, the Committees

on Armed Services of the House of Representatives and of

the Senate.

22 USC 2151

note.

22 USC 2151

note.

6 USC 195c note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 509

Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries.

SEC. 2011. FINDINGS; POLICY.

(a) FINDINGS.—Congress makes the following findings:

(1) The report of the National Commission on Terrorist

Attacks Upon the United States stated that ‘‘[e]ducation that

teaches tolerance, the dignity and value of each individual,

and respect for different beliefs is a key element in any global

strategy to eliminate Islamist terrorism’’.

(2) The report of the National Commission on Terrorist

Attacks Upon the United States concluded that ensuring educational opportunity is essential to the efforts of the United

States to defeat global terrorism and recommended that the

United States Government ‘‘should offer to join with other

nations in generously supporting [spending funds] . . . directly

for building and operating primary and secondary schools in

those Muslim states that commit to sensibly investing their

own money in public education’’.

(3) While Congress endorsed such a program in the Intelligence Reform and Terrorism Prevention Act of 2004 (Public

Law 108–458), such a program has not been established.

(b) POLICY.—It is the policy of the United States—

(1) to work toward the goal of dramatically increasing

the availability of modern basic education through public

schools in predominantly Muslim countries, which will reduce

the influence of radical madrassas and other institutions that

promote religious extremism;

(2) to join with other countries in generously supporting

the International Muslim Youth Opportunity Fund authorized

under section 7114 of the Intelligence Reform and Terrorism

Prevention Act of 2004, as amended by section 2012 of this

Act, with the goal of building and supporting public primary

and secondary schools in predominantly Muslim countries that

commit to sensibly investing the resources of such countries

in modern public education;

(3) to offer additional incentives to increase the availability

of modern basic education in predominantly Muslim countries;

and

(4) to work to prevent financing of educational institutions

that support radical Islamic fundamentalism.

SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

Section 7114 of the Intelligence Reform and Terrorism Prevention Act of 2004 (22 U.S.C. 2228) is amended to read as follows:

‘‘SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

‘‘(a) PURPOSE.—The purpose of this section is to strengthen

the public educational systems in predominantly Muslim countries

by—

‘‘(1) authorizing the establishment of an International

Muslim Youth Educational Fund through which the United

States dedicates resources, either through a separate fund or

22 USC 2228

note.

121 STAT. 510 PUBLIC LAW 110–53—AUG. 3, 2007

through an international organization, to assist those countries

that commit to education reform; and

‘‘(2) providing resources for the Fund and to the President

to help strengthen the public educational systems in those

countries.

‘‘(b) ESTABLISHMENT OF FUND.— ‘‘(1) AUTHORITY.—The President is authorized to establish

an International Muslim Youth Opportunity Fund and to carry

out programs consistent with paragraph (4) under existing

authorities, including the Mutual Educational and Cultural

Exchange Act of 1961 (commonly referred to as the ‘FulbrightHays Act’).

‘‘(2) LOCATION.—The Fund may be established—

‘‘(A) as a separate fund in the Treasury; or

‘‘(B) through an international organization or international financial institution, such as the United Nations

Educational, Science and Cultural Organization, the United

Nations Development Program, or the International Bank

for Reconstruction and Development.

‘‘(3) TRANSFERS AND RECEIPTS.—The head of any department, agency, or instrumentality of the United States Government may transfer any amount to the Fund, and the Fund

may receive funds from private enterprises, foreign countries,

or other entities.

‘‘(4) ACTIVITIES OF THE FUND.—The Fund shall support

programs described in this paragraph to improve the education

environment in predominantly Muslim countries.

‘‘(A) ASSISTANCE TO ENHANCE MODERN EDUCATIONAL

PROGRAMS.—

‘‘(i) The establishment in predominantly Muslim

countries of a program of reform to create a modern

education curriculum in the public educational systems

in such countries.

‘‘(ii) The establishment or modernization of educational materials to advance a modern educational

curriculum in such systems.

‘‘(iii) Teaching English to adults and children.

‘‘(iv) The enhancement in predominantly Muslim

countries of community, family, and student participation in the formulation and implementation of education strategies and programs in such countries.

‘‘(B) ASSISTANCE FOR TRAINING AND EXCHANGE PROGRAMS FOR TEACHERS, ADMINISTRATORS, AND STUDENTS.—

‘‘(i) The establishment of training programs for

teachers and educational administrators to enhance

skills, including the establishment of regional centers

to train individuals who can transfer such skills upon

return to their countries.

‘‘(ii) The establishment of exchange programs for

teachers and administrators in predominantly Muslim

countries and with other countries to stimulate additional ideas and reform throughout the world, including

teacher training exchange programs focused on primary school teachers in such countries.

‘‘(iii) The establishment of exchange programs for

primary and secondary students in predominantly

Muslim countries and with other countries to foster

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 511

understanding and tolerance and to stimulate longstanding relationships.

‘‘(C) ASSISTANCE TARGETING PRIMARY AND SECONDARY

STUDENTS.—

‘‘(i) The establishment in predominantly Muslim

countries of after-school programs, civic education programs, and education programs focusing on life skills,

such as inter-personal skills and social relations and

skills for healthy living, such as nutrition and physical

fitness.

‘‘(ii) The establishment in predominantly Muslim

countries of programs to improve the proficiency of

primary and secondary students in information technology skills.

‘‘(D) ASSISTANCE FOR DEVELOPMENT OF YOUTH PROFES- SIONALS.—

‘‘(i) The establishment of programs in predominantly Muslim countries to improve vocational training

in trades to help strengthen participation of Muslims

and Arabs in the economic development of their countries.

‘‘(ii) The establishment of programs in predominantly Muslim countries that target older Muslim

youths not in school in such areas as entrepreneurial

skills, accounting, micro-finance activities, work

training, financial literacy, and information technology.

‘‘(E) OTHER TYPES OF ASSISTANCE.—

‘‘(i) The translation of foreign books, newspapers,

reference guides, and other reading materials into local

languages.

‘‘(ii) The construction and equipping of modern

community and university libraries.

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(A) IN GENERAL.—There is authorized to be appropriated to the President to carry out this section such

sums as may be necessary for fiscal years 2008, 2009,

and 2010.

‘‘(B) AVAILABILITY.—Amounts appropriated pursuant to

the authorization of appropriations under subsection (a)

are authorized to remain available until expended.

‘‘(C) ADDITIONAL FUNDS.—Amounts authorized to be

appropriated under subsection (a) shall be in addition to

amounts otherwise available for such purposes.

‘‘(6) REPORT TO CONGRESS.—Not later than 180 days after

the date of the enactment of this section and annually thereafter until January 30, 2010, the President shall submit to

the appropriate congressional committees a report on United

States efforts to assist in the improvement of educational

opportunities for predominantly Muslim children and youths,

including the progress made toward establishing the International Muslim Youth Opportunity Fund.

‘‘(7) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—

In this subsection, the term ‘appropriate congressional committees’ means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and

the Committee on Foreign Relations and the Committee on

Appropriations of the Senate.’’.

121 STAT. 512 PUBLIC LAW 110–53—AUG. 3, 2007

SEC. 2013. ANNUAL REPORT TO CONGRESS.

(a) IN GENERAL.—Not later than June 1 of each year until

December 31, 2009, the Secretary of State shall submit to the

appropriate congressional committees a report on the efforts of

predominantly Muslim countries to increase the availability of

modern basic education and to close educational institutions that

promote religious extremism and terrorism.

(b) CONTENTS.—Each report shall include—

(1) a list of predominantly Muslim countries that are

making serious and sustained efforts to improve the availability

of modern basic education and to close educational institutions

that promote religious extremism and terrorism;

(2) a list of such countries that are making efforts to

improve the availability of modern basic education and to close

educational institutions that promote religious extremism and

terrorism, but such efforts are not serious and sustained;

(3) a list of such countries that are not making efforts

to improve the availability of modern basic education and to

close educational institutions that promote religious extremism

and terrorism; and

(4) an assessment for each country specified in each of

paragraphs (1), (2), and (3) of the role of United States assistance with respect to the efforts made or not made to improve

the availability of modern basic education and close educational

institutions that promote religious extremism and terrorism.

SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM

COUNTRIES TO PROVIDE SCHOLARSHIPS.

(a) FINDINGS.—Congress finds the following:

(1) Section 7113 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (Public Law 108–458; 22 U.S.C. 2452

note) authorized the establishment of a pilot program to provide

grants to American-sponsored schools in predominantly Muslim

countries so that such schools could provide scholarships to

young people from lower-income and middle-income families

in such countries to attend such schools, where they could

improve their English and be exposed to a modern education.

(2) Since the date of the enactment of that section, the

Middle East Partnership Initiative has pursued implementation

of that program.

(b) EXTENSION OF PROGRAM.—

(1) IN GENERAL.—Section 7113 of the Intelligence Reform

and Terrorism Prevention Act of 2004 is amended—

(A) in the section heading by striking ‘‘PILOT’’; and

(B) in subsection (c)—

(i) in the subsection heading, by striking ‘‘PILOT’’;

and

(ii) by striking ‘‘pilot’’;

(C) in subsection (d), by striking ‘‘pilot’’ each place

it appears;

(D) in subsection (f) by striking ‘‘pilot’’;

(E) in subsection (g), in the first sentence—

(i) by inserting ‘‘and April 15, 2008,’’ after ‘‘April

15, 2006,’’; and

(ii) by striking ‘‘pilot’’; and

(F) in subsection (h)—

22 USC 2452

note.

22 USC 2452c

note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 513

(i) by striking ‘‘2005 and 2006’’ and inserting ‘‘2007

and 2008’’; and

(ii) by striking ‘‘pilot’’.

(2) CONFORMING AMENDMENT.—Section 1(b) of such Act

is amended, in the table of contents, by striking the item

relating to section 7113 and inserting after section 7112 the

following new item:

‘‘7113. Program to provide grants to American-sponsored schools in predominantly

Muslim countries to provide scholarships.’’.

Subtitle B—Democracy and Development

in the Broader Middle East Region

SEC. 2021. MIDDLE EAST FOUNDATION.

(a) PURPOSES.—The purposes of this section are to support,

through the provision of grants, technical assistance, training, and

other programs, in the countries of the broader Middle East region,

the expansion of—

(1) civil society;

(2) opportunities for political participation for all citizens;

(3) protections for internationally recognized human rights,

including the rights of women;

(4) educational system reforms;

(5) independent media;

(6) policies that promote economic opportunities for citizens;

(7) the rule of law; and

(8) democratic processes of government.

(b) MIDDLE EAST FOUNDATION.—

(1) DESIGNATION.—The Secretary of State is authorized

to designate an appropriate private, nonprofit organization that

is organized or incorporated under the laws of the United

States or of a State as the Middle East Foundation (referred

to in this section as the ‘‘Foundation’’).

(2) FUNDING.—

(A) AUTHORITY.—The Secretary of State is authorized

to provide funding to the Foundation through the Middle

East Partnership Initiative of the Department of State.

Notwithstanding any other provision of law, the Foundation

shall use amounts provided under this paragraph to carry

out the purposes specified in subsection (a), including

through making grants, using such funds as an endowment,

and providing other assistance to entities to carry out

programs for such purposes.

(B) FUNDING FROM OTHER SOURCES.—In determining

the amount of funding to provide to the Foundation, the

Secretary of State shall take into consideration the amount

of funds that the Foundation has received from sources

other than the United States Government.

(3) NOTIFICATION TO CONGRESSIONAL COMMITTEES.—The

Secretary of State shall notify the appropriate congressional

committees of the designation of an appropriate organization

as the Foundation.

(c) GRANTS FOR PROJECTS.— (1) FOUNDATION TO MAKE GRANTS.—The Secretary of State

shall enter into an agreement with the Foundation that requires

22 USC 2151

note.

121 STAT. 514 PUBLIC LAW 110–53—AUG. 3, 2007

the Foundation to use the funds provided under subsection

(b)(2) to make grants to persons or entities (other than governments or government entities) located in the broader Middle

East region or working with local partners based in the broader

Middle East region to carry out projects that support the purposes specified in subsection (a).

(2) CENTER FOR PUBLIC POLICY.—Under the agreement

described in paragraph (1), the Foundation may make a grant

to an institution of higher education located in the broader

Middle East region to create a center for public policy for

the purpose of permitting scholars and professionals from the

countries of the broader Middle East region and from other

countries, including the United States, to carry out research,

training programs, and other activities to inform public policymaking in the broader Middle East region and to promote

broad economic, social, and political reform for the people of

the broader Middle East region.

(3) APPLICATIONS FOR GRANTS.—An entity seeking a grant

from the Foundation under this section shall submit an application to the head of the Foundation at such time, in such

manner, and containing such information as the head of the

Foundation may reasonably require.

(d) PRIVATE CHARACTER OF THE FOUNDATION.—Nothing in this

section shall be construed to—

(1) make the Foundation an agency or establishment of

the United States Government, or to make the officers or

employees of the Foundation officers or employees of the United

States for purposes of title 5, United States Code; or

(2) impose any restriction on the Foundation’s acceptance

of funds from private and public sources in support of its

activities consistent with the purposes specified in subsection

(a).

(e) LIMITATION ON PAYMENTS TO FOUNDATION PERSONNEL.—

No part of the funds provided to the Foundation under this section

shall inure to the benefit of any officer or employee of the Foundation, except as salary or reasonable compensation for services.

(f) RETENTION OF INTEREST.—The Foundation may hold funds

provided under this section in interest-bearing accounts prior to

the disbursement of such funds to carry out the purposes specified

in subsection (a), and may retain for such purposes any interest

earned without returning such interest to the Treasury of the

United States. The Foundation may retain and use such funds

as an endowment to carry out the purposes specified in subsection

(a).

(g) FINANCIAL ACCOUNTABILITY.—

(1) INDEPENDENT PRIVATE AUDITS OF THE FOUNDATION.—

The accounts of the Foundation shall be audited annually in

accordance with generally accepted auditing standards by independent certified public accountants or independent licensed

public accountants certified or licensed by a regulatory

authority of a State or other political subdivision of the United

States. The report of the independent audit shall be included

in the annual report required by subsection (h).

(2) GAO AUDITS.—The financial transactions undertaken

pursuant to this section by the Foundation may be audited

by the Government Accountability Office in accordance with

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 515

such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of

the United States.

(3) AUDITS OF GRANT RECIPIENTS.—

(A) IN GENERAL.—A recipient of a grant from the

Foundation shall agree to permit an audit of the books

and records of such recipient related to the use of the

grant funds.

(B) RECORDKEEPING.—Such recipient shall maintain

appropriate books and records to facilitate an audit referred

to in subparagraph (A), including—

(i) separate accounts with respect to the grant

funds;

(ii) records that fully disclose the use of the grant

funds;

(iii) records describing the total cost of any project

carried out using grant funds; and

(iv) the amount and nature of any funds received

from other sources that were combined with the grant

funds to carry out a project.

(h) ANNUAL REPORTS.—Not later than January 31, 2008, and

annually thereafter, the Foundation shall submit to the appropriate

congressional committees and make available to the public a report

that includes, for the fiscal year prior to the fiscal year in which

the report is submitted, a comprehensive and detailed description

of—

(1) the operations and activities of the Foundation that

were carried out using funds provided under this section;

(2) grants made by the Foundation to other entities with

funds provided under this section;

(3) other activities of the Foundation to further the purposes specified in subsection (a); and

(4) the financial condition of the Foundation.

(i) BROADER MIDDLE EAST REGION DEFINED.—In this section,

the term ‘‘broader Middle East region’’ means Afghanistan, Algeria,

Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya,

Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia,

United Arab Emirates, West Bank and Gaza, and Yemen.

(j) REPEAL.—Section 534(k) of Public Law 109–102 is repealed.

Subtitle C—Reaffirming United States

Moral Leadership

SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC

DIPLOMACY.

(a) FINDING.—Congress finds that the report of the National

Commission on Terrorist Attacks Upon the United States stated

that ‘‘Recognizing that Arab and Muslim audiences rely on satellite

television and radio, the government has begun some promising

initiatives in television and radio broadcasting to the Arab world,

Iran, and Afghanistan. These efforts are beginning to reach large

audiences. The Broadcasting Board of Governors has asked for

much larger resources. It should get them.’’.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

22 USC 6216

note.

121 STAT. 516 PUBLIC LAW 110–53—AUG. 3, 2007

(1) the United States needs to improve its communication

of information and ideas to people in foreign countries, particularly in countries with significant Muslim populations; and

(2) public diplomacy should reaffirm the paramount

commitment of the United States to democratic principles,

including preserving the civil liberties of all the people of the

United States, including Muslim-Americans.

(c) SPECIAL AUTHORITY FOR SURGE CAPACITY.—The United

States International Broadcasting Act of 1994 (22 U.S.C. 6201 et

seq.) is amended by adding at the end the following new section:

‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

‘‘(a) EMERGENCY AUTHORITY.— ‘‘(1) IN GENERAL.—Whenever the President determines it

to be important to the national interests of the United States

and so certifies to the appropriate congressional committees,

the President, on such terms and conditions as the President

may determine, is authorized to direct any department, agency,

or other entity of the United States to furnish the Broadcasting

Board of Governors with such assistance outside the United

States as may be necessary to provide international broadcasting activities of the United States with a surge capacity

to support United States foreign policy objectives during a

crisis abroad.

‘‘(2) SUPERSEDES EXISTING LAW.—The authority of paragraph (1) shall supersede any other provision of law.

‘‘(3) SURGE CAPACITY DEFINED.—In this subsection, the term

‘surge capacity’ means the financial and technical resources

necessary to carry out broadcasting activities in a geographical

area during a crisis abroad.

‘‘(4) DURATION.—The President is authorized to exercise

the authority provided in subsection (a)(1) for a period of up

to six months, which may be renewed for one additional six

month period.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated

to the President such sums as may be necessary for the President to carry out this section, except that no such amount

may be appropriated which, when added to amounts previously

appropriated for such purpose but not yet obligated, would

cause such amounts to exceed $25,000,000.

‘‘(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization of appropriations in this subsection

are authorized to remain available until expended.

‘‘(3) DESIGNATION OF APPROPRIATIONS.—Amounts appropriated pursuant to the authorization of appropriations in this

subsection may be referred to as the ‘United States International Broadcasting Surge Capacity Fund’.

‘‘(c) REPORT.—The annual report submitted to the President

and Congress by the Broadcasting Board of Governors under section

305(a)(9) shall provide a detailed description of any activities carried

out under this section.’’.

SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.

(a) TRANSCRIPTION OF PERSIAN AND ARABIC LANGUAGE BROADCASTS.—Not later than 90 days after the date of the enactment

of this Act, the Broadcasting Board of Governors shall initiate

a pilot project to transcribe into the English language news and

Deadline.

22 USC 6204

note.

22 USC 6216.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 517

information programming broadcast by Radio Farda, Radio Sawa,

the Persian Service of the Voice of America, and Alhurra.

(b) RANDOM SAMPLING; PUBLIC AVAILABILITY.—The transcription required under subsection (a) shall consist of a random

sampling of such programming. The transcripts shall be available

to Congress and the public on the Internet site of the Board.

(c) REPORT.—Not later than May 1, 2008, the Chairman of

the Broadcasting Board of Governors shall submit to the Committee

on Foreign Affairs of the House of Representatives and Committee

on Foreign Relations of the Senate a report on the feasibility and

utility of continuing the pilot project required under subsection

(a).

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the ‘‘International Broadcasting Operations’’

account of the Broadcasting Board of Governors $2,000,000 for

fiscal year 2008 to carry out the pilot project required under subsection (a).

SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE,

AND LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM

COUNTRIES.

(a) REPORT; CERTIFICATION.—Not later than 30 days after the

date of the enactment of this Act and every 180 days thereafter

until December 31, 2009, the Secretary of State shall submit to

the appropriate congressional committees a report on the recommendations of the National Commission on Terrorist Attacks

Upon the United States and the policy goals described in section

7112 of the Intelligence Reform and Terrorism Prevention Act of

2004 (Public Law 108–458) for expanding United States scholarship,

exchange, and library programs in predominantly Muslim countries.

Such report shall include—

(1) a certification by the Secretary of State that such recommendations have been implemented; or

(2) if the Secretary of State is unable to make the certification described in paragraph (1), a description of—

(A) the steps taken to implement such recommendations and achieve such policy goals;

(B) when the Secretary of State expects such recommendations to be implemented and such policy goals

to be achieved; and

(C) any allocation of resources or other actions by

Congress the Secretary of State considers necessary to

implement such recommendations and achieve such policy

goals.

(b) TERMINATION OF DUTY TO REPORT.—The duty to submit

a report under subsection (a) shall terminate when the Secretary

of State submits a certification pursuant to paragraph (1) of such

subsection.

SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.

(a) FINDINGS.—Congress finds the following:

(1) The National Commission on Terrorist Attacks Upon

the United States (commonly referred to as the ‘‘9/11 Commission’’) declared that the United States ‘‘should work with friends

to develop mutually agreed-on principles for the detention and

humane treatment of captured international terrorists who are

not being held under a particular country’s criminal laws’’

and recommended that the United States engage its allies

42 USC 2000dd

note.

121 STAT. 518 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘to develop a common coalition approach toward the detention

and humane treatment of captured terrorists’’.

(2) A number of investigations remain ongoing by countries

that are close United States allies in the war on terrorism

regarding the conduct of officials, employees, and agents of

the United States and of other countries related to conduct

regarding detainees.

(3) The Secretary of State has launched an initiative to

try to address the differences between the United States and

many of its allies regarding the treatment of detainees.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary, acting through the Legal Adviser of the Department

of State, should continue to build on the Secretary’s efforts to

engage United States allies to develop a common coalition approach,

in compliance with Common Article 3 of the Geneva Conventions

and other applicable legal principles, toward the detention and

humane treatment of individuals detained during Operation Iraqi

Freedom, Operation Enduring Freedom, or in connection with

United States counterterrorist operations.

(c) REPORTING TO CONGRESS.—

(1) BRIEFINGS.—The Secretary of State shall keep the

appropriate congressional committees fully and currently

informed of the progress of any discussions between the United

States and its allies regarding the development of the common

coalition approach described in subsection (b).

(2) REPORT.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of State, in consultation

with the Attorney General and the Secretary of Defense, shall

submit to the appropriate congressional committees a report

on any progress towards developing the common coalition

approach described in subsection (b).

(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means—

(1) with respect to the House of Representatives, the Committee on Foreign Affairs, the Committee on Armed Services,

the Committee on the Judiciary, and the Permanent Select

Committee on Intelligence; and

(2) with respect to the Senate, the Committee on Foreign

Relations, the Committee on Armed Services, the Committee

on the Judiciary, and the Select Committee on Intelligence.

Subtitle D—Strategy for the United States

Relationship With Afghanistan, Pakistan,

and Saudi Arabia

SEC. 2041. AFGHANISTAN.

(a) CONGRESSIONAL FINDINGS.—Congress finds the following:

(1) A democratic, stable, and prosperous Afghanistan is

vital to the national security of the United States and to combating international terrorism.

(2) Following the ouster of the Taliban regime in 2001,

the Government of Afghanistan, with assistance from the

United States and the international community, has achieved

some notable successes, including—

(A) adopting a constitution;

42 USC 7511

note.

Taliban.

al Qaeda.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 519

(B) holding presidential, parliamentary, and provincial

council elections;

(C) improving the protection of human rights, including

women’s rights; and

(D) expanding educational opportunities.

(3) The following factors pose a serious and immediate

threat to the stability of Afghanistan:

(A) Taliban and anti-government forces, al Qaeda, and

criminal networks.

(B) Drug trafficking and corruption.

(C) Weak institutions of administration, security, and

justice, including pervasive lack of the rule of law.

(D) Poverty, unemployment, and lack of provision of

basic services.

(4) The United States and the international community

must significantly increase political, economic, and military

support to Afghanistan to ensure its long-term stability and

prosperity, and to deny violent extremist groups such as al

Qaeda sanctuary in Afghanistan.

(b) STATEMENTS OF POLICY.—The following shall be the policies

of the United States:

(1) The United States shall vigorously support the people

and Government of Afghanistan as they continue to commit

to the path toward a government representing and protecting

the rights of all Afghans, and shall maintain its long-term

commitment to the people of Afghanistan by increased assistance and the continued deployment of United States troops

in Afghanistan as long as the Government of Afghanistan supports such United States involvement.

(2) In order to reduce the ability of the Taliban and al

Qaeda to finance their operations through the opium trade,

the President shall engage aggressively with the Government

of Afghanistan, countries in the region or otherwise influenced

by the trade and transit of narcotics, as well as North Atlantic

Treaty Organization (NATO) partners of the United States,

and in consultation with Congress, to assess the success of

the current Afghan counter-narcotics strategy and to explore

additional options for addressing the narcotics crisis in Afghanistan, including possible changes in rules of engagement for

NATO and Coalition forces for participation in actions against

narcotics trafficking and kingpins, and the provision of comprehensive assistance to farmers who rely on opium for their

livelihood, including through the promotion of alternative crops

and livelihoods.

(3) The United States shall continue to work with and

provide assistance to the Government of Afghanistan to

strengthen local and national government institutions and the

rule of law, including the training of judges and prosecutors,

and to train and equip the Afghan National Security Forces.

(4) The United States shall continue to call on NATO

members participating in operations in Afghanistan to meet

their commitments to provide forces and equipment, and to

lift restrictions on how such forces can be deployed.

(5) The United States shall continue to foster greater understanding and cooperation between the Governments of Afghanistan and Pakistan by taking the following actions:

121 STAT. 520 PUBLIC LAW 110–53—AUG. 3, 2007

(A) Facilitating greater communication, including

through official mechanisms such as the Tripartite

Commission and the Joint Intelligence Operations Center,

and by promoting other forms of exchange between the

parliaments and civil society of the two countries.

(B) Urging the Government of Afghanistan to enter

into a political dialogue with Pakistan with respect to

all issues relating to the border between the two countries,

with the aim of establishing a mutually-recognized and

monitored border, open to human and economic exchange,

and with both countries fully responsible for border security.

(c) STATEMENT OF CONGRESS.—Congress strongly urges that

the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501

et seq.) be reauthorized and updated to take into account new

developments in Afghanistan and in the region so as to demonstrate

the continued support by the United States for the people and

Government of Afghanistan.

(d) EMERGENCY INCREASE IN EFFECTIVE POLICE TRAINING AND

POLICING OPERATIONS.—

(1) CONGRESSIONAL FINDING.—Congress finds that police

training programs in Afghanistan have achieved far less return

on substantial investment to date and require a substantive

review and justification of the means and purposes of such

assistance, consequent to any provision of additional resources.

(2) ASSISTANCE AUTHORIZED.—The President shall make

increased efforts, on an urgent basis, to—

(A) dramatically improve the capability and effectiveness of United States and international police trainers,

mentors, and police personnel for police training programs

in Afghanistan, as well as develop a pretraining screening

program;

(B) increase the numbers of such trainers, mentors,

and personnel only if such increase is determined to

improve the performance and capabilities of the Afghanistan civil security forces; and

(C) assist the Government of Afghanistan, in conjunction with the Afghanistan civil security forces and their

leadership, in addressing the corruption crisis that is

threatening to undermine Afghanistan’s future.

(3) REPORT.—Not later than 180 days after the date of

the enactment of this Act, and every 6 months thereafter until

September 30, 2010, the President shall transmit to the appropriate congressional committees a report on United States

efforts to fulfill the requirements of this subsection. The report

required by this paragraph may be transmitted concurrently

with any similar report required by the Afghanistan Freedom

Support Act of 2002.

SEC. 2042. PAKISTAN.

(a) CONGRESSIONAL FINDINGS.—Congress finds the following:

(1) A democratic, stable, and prosperous Pakistan that

is a full and reliable partner in the struggle against the Taliban,

al Qaeda, and other terrorist groups, and is a responsible

steward of its nuclear weapons and technology, is vital to

the national security of the United States.

22 USC 2375

note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 521

(2) Since September 11, 2001, the Government of Pakistan

has been a critical ally and an important partner in removing

the Taliban regime in Afghanistan and combating al Qaeda.

(3) Pakistan has made great sacrifices in the shared

struggle against al Qaeda-affiliated terrorist groups, engaging

in military operations that have led to the deaths of hundreds

of Pakistani security personnel and enduring acts of terrorism

that have killed hundreds of Pakistani civilians.

(4) Publicly-stated goals of the Government of Pakistan

and the national interests of the United States are in close

agreement in many areas, including—

(A) curbing the proliferation of nuclear weapons technology;

(B) combating poverty and corruption;

(C) enabling effective government institutions,

including public education;

(D) promoting democracy and the rule of law, particularly at the national level;

(E) addressing the continued presence of Taliban and

other violent extremist forces throughout the country;

(F) maintaining the authority of the Government of

Pakistan in all parts of its national territory;

(G) securing the borders of Pakistan to prevent the

movement of militants and terrorists into other countries

and territories; and

(H) effectively dealing with violent extremism.

(5) The opportunity exists for shared effort in helping to

achieve correlative goals with the Government of Pakistan,

particularly—

(A) increased United States assistance to Pakistan,

as appropriate, to achieve progress in meeting the goals

of subparagraphs (A) through (C) of paragraph (4);

(B) increased commitment on the part of the Government of Pakistan to achieve the goals of paragraph (4)(D),

particularly given continued concerns, based on the conduct

of previous elections, regarding whether parliamentary

elections scheduled for 2007 will be free, fair, and inclusive

of all political parties and carried out in full accordance

with internationally-recognized democratic norms; and

(C) increased commitment on the part of the Government of Pakistan to take actions described in paragraph

(4)(E), particularly given—

(i) the continued operation of the Taliban’s Quetta

shura, as noted by then-North Atlantic Treaty

Organization Supreme Allied Commander General

James Jones in testimony before the Senate Foreign

Relations Committee on September 21, 2006; and

(ii) the continued operation of al Qaeda affiliates

Lashkar-e Taiba and Jaish-e Muhammad, sometimes

under different names, as demonstrated by the lack

of meaningful action taken against Hafiz Muhammad

Saeed, Maulana Masood Azhar, and other known

leaders and members of such terrorist organizations;

and

(D) increased commitment on the part of the Government of the United States in regard to working with all

elements of Pakistan society in helping to achieve the

121 STAT. 522 PUBLIC LAW 110–53—AUG. 3, 2007

correlative goals described in subparagraphs (A) through

(H) of paragraph (4).

(b) STATEMENTS OF POLICY.—The following shall be the policy

of the United States:

(1) To maintain and deepen its friendship and long-term

strategic relationship with Pakistan.

(2) To work with the Government of Pakistan to combat

international terrorism, especially in the frontier provinces of

Pakistan, and to end the use of Pakistan as a safe haven

for terrorist groups, including those associated with al Qaeda

or the Taliban.

(3) To support robust funding for programs of the United

States Agency for International Development and the Department of State that assist the Government of Pakistan in

working toward the goals described in subsection (a)(4), as

the Government of Pakistan demonstrates a clear commitment

to building a moderate, democratic state.

(4) To work with the international community to secure

additional financial and political support to effectively implement the policies set forth in this subsection.

(5) To facilitate a just resolution of the dispute over the

territory of Kashmir, to the extent that such facilitation is

invited and welcomed by the Governments of Pakistan and

India and by the people of Kashmir.

(6) To facilitate greater communication and cooperation

between the Governments of Afghanistan and Pakistan for

the improvement of bilateral relations and cooperation in combating terrorism in both countries.

(7) To work with the Government of Pakistan to dismantle

existing proliferation networks and prevent the proliferation

of nuclear technology.

(c) STRATEGY RELATING TO PAKISTAN.—

(1) REQUIREMENT FOR REPORT ON STRATEGY.—Not later

than 90 days after the date of the enactment of this Act,

the President shall transmit to the appropriate congressional

committees a report that describes the long-term strategy of

the United States to engage with the Government of Pakistan

to achieve the goals described in subparagraphs (A) through

(H) of subsection (a)(4) and to carry out the policies described

in subsection (b).

(2) FORM.—The report required by paragraph (1) shall be

transmitted in unclassified form, but may include a classified

annex, if necessary.

(d) LIMITATION ON UNITED STATES SECURITY ASSISTANCE TO

PAKISTAN.—

(1) LIMITATION.—For fiscal year 2008, United States assistance under chapter 2 of part II of the Foreign Assistance

Act of 1961 (22 U.S.C. 2311 et seq.) or section 23 of the

Arms Export Control Act (22 U.S.C. 2763) may not be provided

to, and a license for any item controlled under the Arms Export

Control Act (22 U.S.C. 2751 et seq.) may not be approved

for, Pakistan until the President transmits to the appropriate

congressional committees a report that contains a determination of the President that the Government of Pakistan—

(A) is committed to eliminating from Pakistani territory any organization such as the Taliban, al Qaeda, or

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 523

any successor, engaged in military, insurgent, or terrorist

activities in Afghanistan;

(B) is undertaking a comprehensive military, legal,

economic, and political campaign to achieving the goal

described in subparagraph (A); and

(C) is currently making demonstrated, significant, and

sustained progress toward eliminating support or safe

haven for terrorists.

(2) MEMORANDUM OF JUSTIFICATION.—The President shall

include in the report required by paragraph (1) a memorandum

of justification setting forth the basis for the President’s determination under paragraph (1).

(3) FORM.—The report required by paragraph (1) and the

memorandum of justification required by paragraph (2) shall

be transmitted in unclassified form, but may include a classified

annex, if necessary.

(e) NUCLEAR PROLIFERATION.—

(1) CONGRESSIONAL FINDING.—Congress finds that the

maintenance by any country of a procurement or supply network for the illicit proliferation of nuclear and missile technologies would be inconsistent with that country being considered an ally of the United States.

(2) SENSE OF CONGRESS.—It is the sense of Congress that

the national security interest of the United States will best

be served if the United States develops and implements a

long-term strategy to improve the United States relationship

with Pakistan and works with the Government of Pakistan

to stop nuclear proliferation.

(f) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated

to the President such sums as may be necessary to provide

assistance described in subsection (d)(1) for Pakistan for fiscal

year 2008 in accordance with the requirements of subsection

(d)(1).

(2) OTHER FUNDS.—Amounts authorized to be appropriated

under this subsection are in addition to amounts otherwise

available for such purposes.

(3) DECLARATION OF POLICY.—Congress declares that the

amount of funds appropriated pursuant to the authorization

of appropriations under paragraph (1) and for subsequent fiscal

years shall be determined by the extent to which the Government of Pakistan displays demonstrable progress in—

(A) preventing al Qaeda and other terrorist organizations from operating in the territory of Pakistan, including

eliminating terrorist training camps or facilities, arresting

members and leaders of terrorist organizations, and countering recruitment efforts;

(B) preventing the Taliban from using the territory

of Pakistan as a sanctuary from which to launch attacks

within Afghanistan, including by arresting Taliban leaders,

stopping cross-border incursions, and countering recruitment efforts; and

(C) implementing democratic reforms, including

allowing free, fair, and inclusive elections at all levels

of government in accordance with internationally-recognized democratic norms, and respecting the independence

of the press and judiciary.

121 STAT. 524 PUBLIC LAW 110–53—AUG. 3, 2007

(4) BIANNUAL REPORTS TO CONGRESS.— (A) IN GENERAL.—The Secretary of State shall submit

to the appropriate congressional committees a biannual

report describing in detail the extent to which the Government of Pakistan has displayed demonstrable progress in

meeting the goals described in subparagraphs (A) through

(C) of paragraph (3).

(B) SCHEDULE FOR SUBMISSION.—The report required

by subparagraph (A) shall be submitted not later than

April 15 and October 15 of each year until October 15,

2009.

(C) FORM.—The report required by subparagraph (A)

shall be submitted in unclassified form, but may include

a classified annex, if necessary.

(g) EXTENSION OF WAIVERS.— (1) AMENDMENTS.—The Act entitled ‘‘An Act to authorize

the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30, 2003,

and for other purposes’’, approved October 27, 2001 (Public

Law 107–57; 115 Stat. 403), is amended—

(A) in section 1(b)—

(i) in the heading, to read as follows:

‘‘(b) FISCAL YEARS 2007 AND 2008—’’; and

(ii) in paragraph (1), by striking ‘‘any provision’’

and all that follows through ‘‘that prohibits’’ and

inserting ‘‘any provision of an Act making appropriations for foreign operations, export financing, and

related programs appropriations for fiscal year 2007

or 2008 (or any other appropriations Act) that prohibits’’;

(B) in section 3(2), by striking ‘‘Such provision’’ and

all that follows through ‘‘as are’’ and inserting ‘‘Such provision of an Act making appropriations for foreign operations,

export financing, and related programs appropriations for

fiscal years 2002 through 2008 (or any other appropriations

Act) as are’’; and

(C) in section 6, by striking ‘‘the provisions’’ and all

that follows and inserting ‘‘the provisions of this Act shall

terminate on October 1, 2008.’’.

(2) EFFECTIVE DATE.—The amendments made by paragraph

(1) take effect on October 1, 2006.

(3) SENSE OF CONGRESS.—It is the sense of Congress that

determinations to provide extensions of waivers of foreign

assistance prohibitions with respect to Pakistan pursuant to

Public Law 107–57 for fiscal years after the fiscal years specified in the amendments made by paragraph (1) to Public Law

107–57 should be informed by demonstrable progress in

achieving the goals described in subparagraphs (A) through

(C) of subsection (f)(3).

SEC. 2043. SAUDI ARABIA.

(a) CONGRESSIONAL FINDINGS.—Congress finds that:

(1) The National Commission on Terrorist Attacks Upon

the United States concluded that the Kingdom of Saudi Arabia

has ‘‘been a problematic ally in combating Islamic extremism.

At the level of high policy, Saudi Arabia’s leaders cooperated

with American diplomatic initiatives aimed at the Taliban or

22 USC 2656

note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 525

Pakistan before 9/11. At the same time, Saudi Arabia’s society

was a place where al Qaeda raised money directly from individuals and through charities. It was the society that produced

15 of the 19 hijackers.’’.

(2) Saudi Arabia has an uneven record in the fight against

terrorism, especially with respect to terrorist financing, support

for radical madrassas, a lack of political outlets for its citizens,

and restrictions on religious pluralism, that poses a threat

to the security of the United States, the international community, and Saudi Arabia itself.

(3) The National Commission on Terrorist Attacks Upon

the United States concluded that the ‘‘problems in the U.S.-

Saudi relationship must be confronted, openly’’. It recommended

that the two countries build a relationship that includes a

‘‘shared commitment to political and economic reform . . .

and a shared interest in greater tolerance and cultural respect,

translating into a commitment to fight the violent extremists

who foment hatred’’.

(4) The United States has a national security interest in

working with the Government of Saudi Arabia to combat international terrorists that operate within that country or that

operate outside Saudi Arabia with the support of citizens of

Saudi Arabia.

(5) The United States and Saudi Arabia established a Strategic Dialogue in 2005, which provides a framework for the

two countries to discuss a range of bilateral issues at high

levels, including counterterrorism policy and political and economic reforms.

(6) It is in the national security interest of the United

States to support the Government of Saudi Arabia in undertaking a number of political and economic reforms, including

increasing anti-terrorism operations conducted by law enforcement agencies, providing more political and religious rights

to its citizens, increasing the rights of women, engaging in

comprehensive educational reform, enhancing monitoring of

charitable organizations, and promulgating and enforcing

domestic laws and regulation on terrorist financing.

(b) STATEMENT OF POLICY.—It is the policy of the United

States—

(1) to engage with the Government of Saudi Arabia to

openly confront the issue of terrorism, as well as other problematic issues such as the lack of political freedoms;

(2) to enhance counterterrorism cooperation with the

Government of Saudi Arabia; and

(3) to support the efforts of the Government of Saudi Arabia

to make political, economic, and social reforms, including

greater religious freedom, throughout the country.

(c) PROGRESS IN COUNTERTERRORISM AND OTHER COOPERATION.—

(1) REPORT.—Not later than 180 days after the date of

the enactment of this Act, the President shall transmit to

the appropriate congressional committees a report that—

(A) describes the long-term strategy of the United

States—

(i) to engage with the Government of Saudi Arabia

to facilitate political, economic, and social reforms,

including greater religious freedom, that will enhance

121 STAT. 526 PUBLIC LAW 110–53—AUG. 3, 2007

the ability of the Government of Saudi Arabia to combat international terrorism; and

(ii) to work with the Government of Saudi Arabia

to combat terrorism, including through effective measures to prevent and prohibit the financing of terrorists

by Saudi institutions and citizens; and

(B) provides an assessment of the progress made by

Saudi Arabia since 2001 on the matters described in

subparagraph (A), including—

(i) whether Saudi Arabia has become a party to

the International Convention for the Suppression of

the Financing of Terrorism; and

(ii) the activities and authority of the Saudi Nongovernmental National Commission for Relief and

Charity Work Abroad.

(2) FORM.—The report required by paragraph (1) shall be

transmitted in unclassified form, but may include a classified

annex, if necessary.

TITLE XXI—ADVANCING DEMOCRATIC

VALUES

SEC. 2101. SHORT TITLE.

This title may be cited as the ‘‘Advance Democratic Values,

Address Nondemocratic Countries, and Enhance Democracy Act

of 2007’’ or the ‘‘ADVANCE Democracy Act of 2007’’.

SEC. 2102. FINDINGS.

Congress finds the following:

(1) The United States Declaration of Independence, the

United States Constitution, and the United Nations Universal

Declaration of Human Rights declare that all human beings

are created equal and possess certain rights and freedoms,

including the fundamental right to participate in the political

life and government of their respective countries.

(2) The development of democracy constitutes a long-term

challenge that goes through unique phases and paces in individual countries as such countries develop democratic institutions such as a thriving civil society, a free media, and an

independent judiciary, and must be led from within such countries, including by nongovernmental and governmental

reformers.

(3) Individuals, nongovernmental organizations, and movements that support democratic principles, practices, and values

are under increasing pressure from some governments of nondemocratic countries (as well as, in some cases, from governments of democratic transition countries), including by using

administrative and regulatory mechanisms to undermine the

activities of such individuals, organizations, and movements.

(4) Democratic countries have a number of instruments

available for supporting democratic reformers who are committed to promoting effective, nonviolent change in nondemocratic countries and who are committed to keeping their countries on the path to democracy.

(5) United States efforts to promote democracy and protect

human rights can be strengthened to improve assistance for

22 USC 8201

note.

22 USC 8201

note.

Advance

Democratic

Values, Address

Nondemocratic

Countries, and

Enhance

Democracy Act

of 2007.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 527

such reformers, including through an enhanced role for United

States diplomats when properly trained and given the right

incentives.

(6) The promotion of democracy requires a broad-based

effort with cooperation between all democratic countries,

including through the Community of Democracies.

SEC. 2103. STATEMENT OF POLICY.

It is the policy of the United States—

(1) to promote freedom and democracy in foreign countries

as a fundamental component of United States foreign policy,

along with other key foreign policy goals;

(2) to affirm fundamental freedoms and internationally recognized human rights in foreign countries, as reflected in the

Universal Declaration of Human Rights and the International

Covenant on Civil and Political Rights, and to condemn offenses

against those freedoms and rights as a fundamental component

of United States foreign policy, along with other key foreign

policy goals;

(3) to protect and promote such fundamental freedoms and

rights, including the freedoms of association, of expression,

of the press, and of religion, and the right to own private

property;

(4) to commit to the long-term challenge of promoting universal democracy by promoting democratic institutions,

including institutions that support the rule of law (such as

an independent judiciary), an independent and professional

media, strong legislatures, a thriving civil society, transparent

and professional independent governmental auditing agencies,

civilian control of the military, and institutions that promote

the rights of minorities and women;

(5) to use instruments of United States influence to support,

promote, and strengthen democratic principles, practices, and

values, including the right to free, fair, and open elections,

secret balloting, and universal suffrage, including by—

(A) providing appropriate support to individuals, nongovernmental organizations, and movements located in

nondemocratic countries that aspire to live in freedom and

establish full democracy in such countries; and

(B) providing political, economic, and other support

to foreign countries and individuals, nongovernmental

organizations, and movements that are willingly undertaking a transition to democracy; and

(6) to strengthen cooperation with other democratic countries in order to better promote and defend shared values

and ideals.

SEC. 2104. DEFINITIONS.

In this title:

(1) ANNUAL REPORT ON ADVANCING FREEDOM AND DEMOCRACY.—The term ‘‘Annual Report on Advancing Freedom and

Democracy’’ refers to the annual report submitted to Congress

by the Department of State pursuant to section 665(c) of the

Foreign Relations Authorization Act, Fiscal Year 2003 (Public

Law 107–228; 22 U.S.C. 2151n note), in which the Department

reports on actions taken by the United States Government

to encourage respect for human rights and democracy.

22 USC 8203.

22 USC 8202.

121 STAT. 528 PUBLIC LAW 110–53—AUG. 3, 2007

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Foreign Affairs of the House of Representatives and the

Committee on Foreign Relations of the Senate.

(3) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’

means the Assistant Secretary of State for Democracy, Human

Rights, and Labor.

(4) COMMUNITY OF DEMOCRACIES AND COMMUNITY.—The

terms ‘‘Community of Democracies’’ and ‘‘Community’’ mean

the association of democratic countries committed to the global

promotion of democratic principles, practices, and values, which

held its First Ministerial Conference in Warsaw, Poland, in

June 2000.

(5) DEPARTMENT.—The term ‘‘Department’’ means the

Department of State.

(6) NONDEMOCRATIC COUNTRY OR DEMOCRATIC TRANSITION

COUNTRY.—The term ‘‘nondemocratic country’’ or ‘‘democratic

transition country’’ shall include any country which is not governed by a fully functioning democratic form of government,

as determined by the Secretary, taking into account the general

consensus regarding the status of civil and political rights

in a country by major nongovernmental organizations that conduct assessments of such conditions in countries and whether

the country exhibits the following characteristics:

(A) All citizens of such country have the right to,

and are not restricted in practice from, fully and freely

participating in the political life of such country.

(B) The national legislative body of such country and,

if directly elected, the head of government of such country,

are chosen by free, fair, open, and periodic elections, by

universal and equal suffrage, and by secret ballot.

(C) More than one political party in such country has

candidates who seek elected office at the national level

and such parties are not restricted in their political activities or their process for selecting such candidates, except

for reasonable administrative requirements commonly

applied in countries categorized as fully democratic.

(D) All citizens in such country have a right to, and

are not restricted in practice from, fully exercising such

fundamental freedoms as the freedom of expression, conscience, and peaceful assembly and association, and such

country has a free, independent, and pluralistic media.

(E) The current government of such country did not

come to power in a manner contrary to the rule of law.

(F) Such country possesses an independent judiciary

and the government of such country generally respects

the rule of law.

(G) Such country does not violate other core principles

enshrined in the United Nations Charter, the Universal

Declaration of Human Rights, the International Covenant

on Civil and Political Rights, United Nations Commission

on Human Rights Resolution 1499/57 (entitled ‘‘Promotion

of the Right to Democracy’’), and the United Nations General Assembly Resolution 55/96 (entitled ‘‘Promoting and

consolidating democracy’’).

(H) As applicable, whether the country has scored

favorably on the political, civil liberties, corruption, and

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 529

rule of law indicators used to determine eligibility for financial assistance disbursed from the Millennium Challenge

Account.

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of State.

Subtitle A—Activities to Enhance the

Promotion of Democracy

SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.

(a) DEMOCRACY LIAISON OFFICERS.— (1) IN GENERAL.—The Secretary of State shall establish

and staff Democracy Liaison Officer positions. Democracy Liaison Officers shall serve under the supervision of the Assistant

Secretary. Democracy Liaison Officers may be assigned to the

following posts:

(A) United States missions to, or liaisons with, regional

and multilateral organizations, including the United States

missions to the European Union, African Union, Organization of American States, and any other appropriate regional

organization, the Organization for Security and Cooperation in Europe, the United Nations and its relevant specialized agencies, and the North Atlantic Treaty Organization.

(B) Regional public diplomacy centers of the Department of State.

(C) United States combatant commands.

(D) Other posts as designated by the Secretary.

(2) RESPONSIBILITIES.—Each Democracy Liaison Officer

should—

(A) provide expertise on effective approaches to promote and build democracy;

(B) assist in formulating and implementing strategies

for transitions to democracy; and

(C) carry out such other responsibilities as the Secretary or the Assistant Secretary may assign.

(3) NEW POSITIONS.—To the fullest extent practicable,

taking into consideration amounts appropriated to carry out

this subsection and personnel available for assignment to the

positions described in paragraph (1), the Democracy Liaison

Officer positions established under subsection (a) shall be new

positions that are in addition to existing positions with responsibility for other human rights and democracy related issues

and programs, including positions with responsibility for labor

issues.

(4) RELATIONSHIP TO OTHER AUTHORITIES.—Nothing in this

subsection may be construed as altering any authority or

responsibility of a chief of mission or other employee of a

diplomatic mission of the United States provided under any

other provision of law, including any authority or responsibility

for the development or implementation of strategies to promote

democracy.

(b) OFFICE RELATED TO DEMOCRATIC MOVEMENTS AND TRANSI- TIONS.—

(1) ESTABLISHMENT.—There shall be identified within the

Bureau of Democracy, Human Rights, and Labor of the Department at least one office that shall be responsible for working

22 USC 8211.

Establishment.

121 STAT. 530 PUBLIC LAW 110–53—AUG. 3, 2007

with democratic movements and facilitating the transition to

full democracy of nondemocratic countries and democratic

transition countries.

(2) RESPONSIBILITIES.—The Assistant Secretary shall,

including by acting through the office or offices identified pursuant to paragraph (1)—

(A) provide support for Democratic Liaison Officers

established under subsection (a);

(B) develop relations with, consult with, and provide

assistance to nongovernmental organizations, individuals,

and movements that are committed to the peaceful promotion of democracy and fundamental rights and freedoms,

including fostering relationships with the United States

Government and the governments of other democratic countries; and

(C) assist officers and employees of regional bureaus

of the Department to develop strategies and programs to

promote peaceful change in nondemocratic countries and

democratic transition countries.

(3) LIAISON.—Within the Bureau of Democracy, Human

Rights, and Labor, the Assistant Secretary shall identify officers

or employees who have expertise in and shall be responsible

for working with nongovernmental organizations, individuals,

and movements that develop relations with, consult with, and

provide assistance to nongovernmental organizations, individuals, and movements in foreign countries that are committed

to the peaceful promotion of democracy and fundamental rights

and freedoms.

(c) ACTIONS BY CHIEFS OF MISSION.—Each chief of mission

in each nondemocratic country or democratic transition country

should—

(1) develop, as part of annual program planning, a strategy

to promote democratic principles, practices, and values in each

such foreign country and to provide support, as appropriate,

to nongovernmental organizations, individuals, and movements

in each such country that are committed to democratic principles, practices, and values, such as by—

(A) consulting and coordinating with and providing

support to such nongovernmental organizations, individuals, and movements regarding the promotion of democracy;

(B) issuing public condemnations of violations of internationally recognized human rights, including violations

of religious freedom, and visiting local landmarks and other

local sites associated with nonviolent protest in support

of democracy and freedom from oppression; and

(C) holding periodic meetings with such nongovernmental organizations, individuals, and movements to discuss democracy and political, social, and economic freedoms;

(2) hold ongoing discussions with the leaders of each such

nondemocratic country or democratic transition country

regarding progress toward a democratic system of governance

and the development of political, social, and economic freedoms

and respect for human rights, including freedom of religion

or belief, in such country; and

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 531

(3) conduct meetings with civil society, interviews with

media that can directly reach citizens of each such country,

and discussions with students and young people of each such

country regarding progress toward a democratic system of

governance and the development of political, social, and economic freedoms in each such country.

(d) RECRUITMENT.—The Secretary should seek to increase the

proportion of members of the Foreign Service who serve in the

Bureau of Democracy, Human Rights, and Labor.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary such sums as may be necessary

to carry out this section.

SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.

(a) REQUIREMENT FOR PROGRAM.—The Secretary shall establish

a Democracy Fellowship Program to enable officers of the Department to gain an additional perspective on democracy promotion

in foreign countries by working on democracy issues in appropriate

congressional offices or congressional committees with oversight

over the subject matter of this title, including the Committee on

Foreign Affairs and the Committee on Appropriations of the House

of Representatives and the Committee on Foreign Relations and

the Committee on Appropriations of the Senate, and international

or nongovernmental organizations involved in democracy promotion.

(b) SELECTION AND PLACEMENT.—The Assistant Secretary shall

play a central role in the selection of Democracy Fellows and

facilitate their placement in appropriate congressional offices,

congressional committees, international organizations, and nongovernmental organizations.

SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL

HUMANITARIAN LAW.

(a) IN GENERAL.—The President, with the assistance of the

Secretary, the Under Secretary of State for Democracy and Global

Affairs, and the Ambassador-at-Large for War Crimes Issues, shall

collect information regarding incidents that may constitute crimes

against humanity, genocide, slavery, or other violations of international humanitarian law.

(b) ACCOUNTABILITY.—The President shall consider what

actions can be taken to ensure that any government of a country

or the leaders or senior officials of such government who are responsible for crimes against humanity, genocide, slavery, or other violations of international humanitarian law identified under subsection

(a) are brought to account for such crimes in an appropriately

constituted tribunal.

Subtitle B—Strategies and Reports on

Human Rights and the Promotion of Democracy

SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.

(a) EXPANSION OF COUNTRY-SPECIFIC STRATEGIES TO PROMOTE

DEMOCRACY.—

22 USC 8221.

22 USC 8213.

22 USC 8212.

121 STAT. 532 PUBLIC LAW 110–53—AUG. 3, 2007

(1) COMMENDATION.—Congress commends the Secretary for

the ongoing work by the Department to develop country-specific

strategies for promoting democracy.

(2) EXPANSION.—The Secretary shall expand the development of such strategies to all nondemocratic countries and

democratic transition countries.

(3) BRIEFINGS.—The Secretary shall keep the appropriate

congressional committees fully and currently informed as such

strategies are developed.

(b) REPORT TITLE.—Section 665(c) of the Foreign Relations

Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C.

2151n note) is amended, in the first sentence, by inserting ‘‘entitled

the Annual Report on Advancing Freedom and Democracy’’ before

the period at the end.

(c) ENHANCED REPORT.—The Annual Report on Advancing

Freedom and Democracy shall include, as appropriate—

(1) United States priorities for the promotion of democracy

and the protection of human rights for each nondemocratic

country and democratic transition country, developed in consultation with relevant parties in such countries; and

(2) specific actions and activities of chiefs of missions and

other United States officials to promote democracy and protect

human rights in each such country.

(d) SCHEDULE OF SUBMISSION.—Section 665(c) of the Foreign

Relations Authorization Act, Fiscal Year 2003 (Public Law 107–

228; 22 U.S.C. 2151n note) is amended, in the second sentence,

by striking ‘‘30 days’’ and inserting ‘‘90 days’’.

SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.

(a) IN GENERAL.—The Secretary shall continue to expand the

timely translation of the applicable parts of the Country Reports

on Human Rights Practices required under sections 116(d) and

502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)

and 2304(b)), the Annual Report on International Religious Freedom

required under section 102(b) of the International Religious

Freedom Act of 1998 (22 U.S.C. 6412(b)), the Trafficking in Persons

Report required under section 110(b) of the Trafficking Victims

Protection Act of 2000 (22 U.S.C. 7107(b)), and any separate report

on democracy and human rights policy submitted in accordance

with section 665(c) of the Foreign Relations Authorization Act,

Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2151n note)

into the principal languages of as many countries as possible, with

particular emphasis on nondemocratic countries, democratic transition countries, and countries in which extrajudicial killings, torture,

or other serious violations of human rights have occurred.

(b) REPORT.—

(1) REQUIREMENT.—Not later than April 1, 2008, and

annually thereafter through 2010, the Secretary shall submit

to the appropriate congressional committees a report describing

any translations of the reports specified in subsection (a) for

the preceding year, including which of such reports have been

translated into which principal languages and the countries

in which such translations have been distributed by posting

on a relevant website or elsewhere.

(2) FORM.—The report required under paragraph (1) may

be included in any separate report on democracy and human

22 USC 8222.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 533

rights policy submitted in accordance with section 665(c) of

the Foreign Relations Authorization Act, Fiscal Year 2003.

Subtitle C—Advisory Committee on Democracy Promotion and the Internet

Website of the Department of State

SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

Congress commends the Secretary for creating an Advisory

Committee on Democracy Promotion, and it is the sense of Congress

that the Committee should play a significant role in the Department’s transformational diplomacy by advising the Secretary

regarding United States efforts to promote democracy and democratic transition in connection with the formulation and

implementation of United States foreign policy and foreign assistance, including reviewing and making recommendations on—

(1) how to improve the capacity of the Department to

promote democracy and human rights; and

(2) how to improve foreign assistance programs related

to the promotion of democracy.

SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE

OF THE DEPARTMENT OF STATE.

It is the sense of Congress that in order to facilitate access

by individuals, nongovernmental organizations, and movements in

foreign countries to documents, streaming video and audio, and

other media regarding democratic principles, practices, and values,

and the promotion and strengthening of democracy, the Secretary

should take additional steps to enhance the Internet site for global

democracy and human rights of the Department, which should

include, where practicable, the following:

(1) Narratives and histories, published by the United States

Government, of significant democratic movements in foreign

countries, particularly regarding successful nonviolent campaigns to promote democracy in non-democratic countries and

democratic transition countries.

(2) Narratives, published by the United States Government,

relating to the importance of the establishment of and respect

for internationally recognized human rights, democratic principles, practices, and values, and other fundamental freedoms.

(3) Major human rights reports by the United States

Government, including translations of such materials, as appropriate.

(4) Any other documents, references, or links to appropriate

external Internet websites (such as websites of international

or nongovernmental organizations), including references or

links to training materials, narratives, and histories regarding

successful democratic movements.

22 USC 8232.

22 USC 8231.

121 STAT. 534 PUBLIC LAW 110–53—AUG. 3, 2007

Subtitle D—Training in Democracy and

Human Rights; Incentives

SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN RIGHTS.

(a) IN GENERAL.—The Secretary shall continue to enhance

training for members of the Foreign Service and civil service responsible for the promotion of democracy and the protection of human

rights. Such training shall include appropriate instruction and

training materials regarding:

(1) International documents and United States policy

regarding the promotion of democracy and respect for human

rights.

(2) United States policy regarding the promotion and

strengthening of democracy around the world, with particular

emphasis on the transition to democracy in nondemocratic countries and democratic transition countries.

(3) For any member, chief of mission, or deputy chief of

mission who is to be assigned to a nondemocratic country

or democratic transition country, ways to promote democracy

in such country and to assist individuals, nongovernmental

organizations, and movements in such country that support

democratic principles, practices, and values.

(4) The protection of internationally recognized human

rights (including the protection of religious freedom) and standards related to such rights, provisions of United States law

related to such rights, diplomatic tools to promote respect for

such rights, and the protection of individuals who have fled

their countries due to violations of such rights.

(b) CONSULTATION.—The Secretary, acting through the Director

of the National Foreign Affairs Training Center of the Foreign

Service Institute of the Department, shall consult, as appropriate,

with nongovernmental organizations involved in the protection and

promotion of such rights and the United States Commission on

International Religious Freedom with respect to the training

required by this subsection.

(c) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to the appropriate

congressional committees a report containing a description of the

current and planned training provided to Foreign Service officers

in human rights and democracy promotion, including such training

provided to chiefs of mission serving or preparing to serve in nondemocratic countries or democratic transition countries.

SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY

AWARD.

It is the sense of Congress that—

(1) the Secretary should further strengthen the capacity

of the Department to carry out results-based democracy promotion efforts through the establishment of an annual award

to be known as the ‘‘Outstanding Achievements in Advancing

Democracy Award’’, or the ‘‘ADVANCE Democracy Award’’, that

would be awarded to officers or employees of the Department;

and

22 USC 8242.

22 USC 8241.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 535

(2) the Secretary should establish procedures for selecting

recipients of such award, including any financial terms associated with such award.

SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.

In addition to the awards and other incentives already implemented, the Secretary should increase incentives for members of

the Foreign Service and other employees of the Department who

take assignments relating to the promotion of democracy and the

protection of human rights, including the following:

(1) Providing performance pay under section 405 of the

Foreign Service Act of 1980 (22 U.S.C. 3965) to such members

and employees who carry out their assignment in an outstanding manner.

(2) Considering such an assignment as a basis for promotion into the Senior Foreign Service.

(3) Providing Foreign Service Awards under section 614

of the Foreign Service Act of 1980 (22 U.S.C. 4013) to such

members and employees who provide distinguished or meritorious service in the promotion of democracy or the protection

of human rights.

Subtitle E—Cooperation With Democratic

Countries

SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

the United States should cooperate with other democratic countries

to—

(1) promote and protect democratic principles, practices,

and values;

(2) promote and protect shared political, social, and economic freedoms, including the freedoms of association, of

expression, of the press, of religion, and to own private property;

(3) promote and protect respect for the rule of law;

(4) develop, adopt, and pursue strategies to advance

common interests in international organizations and multilateral institutions to which members of cooperating democratic

countries belong; and

(5) provide political, economic, and other necessary support

to countries that are undergoing a transition to democracy.

(b) COMMUNITY OF DEMOCRACIES.—

(1) SENSE OF CONGRESS.—It is the sense of Congress that—

(A) the Community of Democracies should develop a

more formal mechanism for carrying out work between

ministerial meetings, such as through the creation of a

permanent secretariat with appropriate staff to carry out

such work, and should establish a headquarters; and

(B) nondemocratic countries should not participate in

any association or group of democratic countries aimed

at working together to promote democracy.

(2) DETAIL OF PERSONNEL.—The Secretary is authorized

to detail on a nonreimbursable basis any employee of the

Department to any permanent secretariat of the Community

of Democracies or to the government of any country that is

22 USC 8251.

22 USC 8243.

121 STAT. 536 PUBLIC LAW 110–53—AUG. 3, 2007

a member of the Convening Group of the Community of Democracies.

(c) ESTABLISHMENT OF AN OFFICE FOR MULTILATERAL DEMOC- RACY PROMOTION.—The Secretary should establish an office of

multilateral democracy promotion with the mission to further

develop and strengthen the institutional structure of the Community of Democracies, develop interministerial projects, enhance the

United Nations Democracy Caucus, manage policy development

of the United Nations Democracy Fund, and enhance coordination

with other regional and multilateral bodies with jurisdiction over

democracy issues.

(d) INTERNATIONAL CENTER FOR DEMOCRATIC TRANSITION.— (1) SENSE OF CONGRESS.—It is the sense of Congress that

the International Center for Democratic Transition, an initiative of the Government of Hungary, serves to promote practical

projects and the sharing of best practices in the area of democracy promotion and should be supported by, in particular, the

United States, other European countries with experiences in

democratic transitions, and private individuals.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 for each of fiscal years

2008, 2009, and 2010 to the Secretary for a grant to the

International Center for Democratic Transition. Amounts

appropriated under this paragraph are authorized to remain

available until expended.

Subtitle F—Funding for Promotion of

Democracy

SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

the United States should work with other countries to enhance

the goals and work of the United Nations Democracy Fund, an

essential tool to promote democracy, and in particular support

civil society in foreign countries in their efforts to help consolidate

democracy and bring about transformational change.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $14,000,000 for each of fiscal years 2008 and

2009 to the Secretary for a United States contribution to the United

Nations Democracy Fund.

SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.

(a) SENSE OF CONGRESS REGARDING USE OF INSTRUMENTS OF

DEMOCRACY PROMOTION.—It is the sense of Congress that—

(1) United States support for democracy is strengthened

by using a variety of different instrumentalities, such as the

National Endowment for Democracy, the United States Agency

for International Development, and the Department; and

(2) the purpose of the Department’s Human Rights and

Democracy Fund should be to support innovative programming,

media, and materials designed to uphold democratic principles,

practices, and values, support and strengthen democratic

institutions, promote human rights and the rule of law, and

build civil societies in countries around the world.

(b) SENSE OF CONGRESS REGARDING MECHANISMS FOR DELIV- ERING ASSISTANCE.—

22 USC 8262.

22 USC 8261.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 537

(1) FINDINGS.—Congress finds the following:

(A) Democracy assistance has many different forms,

including assistance to promote the rule of law, build the

capacity of civil society, political parties, and legislatures,

improve the independence of the media and the judiciary,

enhance independent auditing functions, and advance security sector reform.

(B) There is a need for greater clarity on the coordination and delivery mechanisms for United States democracy

assistance.

(2) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary and the Administrator of the United States

Agency for International Development should develop guidelines, in consultation with the appropriate congressional

committees, building on the existing framework for grants,

cooperative agreements, contracts, and other acquisition mechanisms to guide United States missions in foreign countries

in coordinating United States democracy assistance and

selecting the appropriate combination of such mechanisms for

such assistance.

TITLE XXII—INTEROPERABLE

EMERGENCY COMMUNICATIONS

SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.

(a) IN GENERAL.—Section 3006 of Public Law 109–171 (47

U.S.C. 309 note) is amended—

(1) by striking paragraphs (1) and (2) of subsection (a)

and inserting the following:

‘‘(1) may take such administrative action as is necessary

to establish and implement—

‘‘(A) a grant program to assist public safety agencies

in the planning and coordination associated with, the

acquisition of, deployment of, or training for the use of

interoperable communications equipment, software and

systems that—

‘‘(i) utilize reallocated public safety spectrum for

radio communication;

‘‘(ii) enable interoperability with communications

systems that can utilize reallocated public safety spectrum for radio communication; or

‘‘(iii) otherwise improve or advance the interoperability of public safety communications systems that

utilize other public safety spectrum bands; and

‘‘(B) are used to establish and implement a strategic

technology reserve to pre-position or secure interoperable

communications in advance for immediate deployment in

an emergency or major disaster;

‘‘(2) shall make payments of not to exceed $1,000,000,000,

in the aggregate, through fiscal year 2010 from the Digital

Television Transition and Public Safety Fund established under

section 309(j)(8)(E) of the Communications Act of 1934 (47

U.S.C. 309(j)(8)(E)) to carry out the grant program established

under paragraph (1), of which at least $75,000,000, in the

aggregate, shall be used for purposes described in paragraph

(1)(B); and

121 STAT. 538 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(3) shall permit any funds allocated for use under paragraph (1)(B) to be used for purposes identified under paragraph

(1)(A), if the public safety agency demonstrates that it has

already implemented such a strategic technology reserve or

demonstrates higher priority public safety communications

needs.’’;

(2) by redesignating subsections (b), (c), and (d) as subsections (h), (i), and (j), respectively, and inserting after subsection (a) the following:

‘‘(b) ELIGIBILITY.—To be eligible for assistance under the grant

program established under subparagraph (a)(1)(A), an applicant

shall submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require,

including a detailed explanation of how assistance received under

the program would be used to improve communications interoperability and ensure interoperability with other public safety agencies

in an emergency or a major disaster.

‘‘(c) CRITERIA FOR STRATEGIC TECHNOLOGY RESERVES.—

‘‘(1) IN GENERAL.—In evaluating permitted uses under

subparagraph (a)(1)(B), the Assistant Secretary shall consider

the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence,

and shall ensure, to the maximum extent feasible, that a

substantial part of the reserve involves prenegotiated contracts

and other arrangements for rapid deployment of equipment,

supplies, and systems (and communications service related to

such equipment, supplies, and systems), rather than the

warehousing or storage of equipment and supplies currently

available at the time the reserve is established.

‘‘(2) REQUIREMENTS AND CHARACTERISTICS.—Funds provided to meet uses described in paragraph (1) shall be used

in support of reserves that—

‘‘(A) are capable of re-establishing communications

when existing critical infrastructure is damaged or

destroyed in an emergency or a major disaster;

‘‘(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite-enabled equipment (and related

communications service), Cells-On-Wheels, Cells-On-LightTrucks, or other self-contained mobile cell sites that can

be towed, backup batteries, generators, fuel, and computers;

‘‘(C) include equipment on hand for the Governor of

each State, key emergency response officials, and appropriate State or local personnel;

‘‘(D) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology

available from commercial sources; and

‘‘(E) include arrangements for training to ensure that

personnel are familiar with the operation of the equipment

and devices to be delivered pursuant to such contracts.

‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions of the reserve

may be virtual and may include items donated on an in-kind

contribution basis.

‘‘(4) ALLOCATION OF FUNDS.—In evaluating permitted uses

under subparagraph (a)(1)(B), the Assistant Secretary shall

take into account barriers to immediate deployment, including

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 539

time and distance, that may slow the rapid deployment of

equipment, supplies, and systems (and communications service

related to such equipment, supplies, and systems) in the event

of an emergency in any State.

‘‘(d) VOLUNTARY CONSENSUS STANDARDS.—In carrying out this

section, the Assistant Secretary, in cooperation with the Secretary

of Homeland Security, shall identify and, if necessary, encourage

the development and implementation of, voluntary consensus standards for interoperable communications systems to the greatest

extent practicable, but shall not require any such standard.

‘‘(e) INSPECTOR GENERAL REPORT AND AUDITS.—

‘‘(1) REPORT.—Beginning with the first fiscal year beginning

after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General

of the Department of Commerce shall conduct an annual assessment of the management of the grant program implemented

under subsection (a)(1) and transmit a report containing the

findings of that assessment and any recommendations related

thereto to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee

on Energy and Commerce.

‘‘(2) AUDITS.—Beginning with the first fiscal year beginning

after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General

of the Department of Commerce shall conduct financial audits

of entities receiving grants from the program implemented

under subsection (a)(1), and shall ensure that, over the course

of 4 years, such audits cover recipients in a representative

sample of not fewer than 25 States or territories. The results

of any such audits shall be made publicly available via web

site, subject to redaction as the Inspector General determines

necessary to protect classified and other sensitive information.

‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed or interpreted to preclude the use of funds under

this section by any public safety agency for interim- or long-term

Internet Protocol-based interoperable solutions.’’; and

(3) by striking paragraph (3) of subsection (j), as so redesignated.

(b) FCC VULNERABILITY ASSESSMENT AND REPORT ON EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.—

(1) IN GENERAL.—Not later than 180 days after the date

of enactment of this Act, the Federal Communications Commission shall conduct a vulnerability assessment of the Nation’s

critical communications and information systems infrastructure

and shall evaluate the technical feasibility of creating a backup emergency communications system that complements

existing communications resources and takes into account next

generation and advanced communications technologies. The

overriding objective for the evaluation shall be providing a

framework for the development of a resilient interoperable

communications system for emergency responders in an emergency. The Commission shall consult with the National Communications System and shall evaluate all reasonable options,

including satellites, wireless, and terrestrial-based communications systems and other alternative transport mechanisms that

can be used in tandem with existing technologies.

Deadline.

Public

information.

Website.

121 STAT. 540 PUBLIC LAW 110–53—AUG. 3, 2007

(2) FACTORS TO BE EVALUATED.—The evaluation under

paragraph (1) shall include—

(A) a survey of all Federal agencies that use terrestrial

or satellite technology for communications security and

an evaluation of the feasibility of using existing systems

for the purpose of creating such an emergency back-up

public safety communications system;

(B) the feasibility of using private satellite, wireless,

or terrestrial networks for emergency communications;

(C) the technical options, cost, and deployment methods

of software, equipment, handsets or desktop communications devices for public safety entities in major urban areas,

and nationwide; and

(D) the feasibility and cost of necessary changes to

the network operations center of terrestrial-based or satellite systems to enable the centers to serve as emergency

back-up communications systems.

(3) REPORT.—

(A) IN GENERAL.—Upon the completion of the evaluation under subsection (a), the Commission shall submit

a report to Congress that details the findings of the evaluation, including a full inventory of existing public and private resources most efficiently capable of providing emergency communications.

(B) CLASSIFIED INDEX.—The report on critical infrastructure under this subsection may contain a classified

annex.

(C) RETENTION OF CLASSIFICATION.—The classification

of information required to be provided to Congress or any

other department or agency under this section by the Federal Communications Commission, including the assignment of a level of classification of such information, shall

be binding on Congress and any other department or

agency.

(c) JOINT ADVISORY COMMITTEE ON COMMUNICATIONS CAPABILI- TIES OF EMERGENCY MEDICAL AND PUBLIC HEALTH CARE FACILITIES.—

(1) ESTABLISHMENT.—The Assistant Secretary of Commerce

for Communications and Information and the Chairman of the

Federal Communications Commission, in consultation with the

Secretary of Homeland Security and the Secretary of Health

and Human Services, shall establish a joint advisory committee

to examine the communications capabilities and needs of emergency medical and public health care facilities. The joint

advisory committee shall be composed of individuals with expertise in communications technologies and emergency medical

and public health care, including representatives of Federal,

State and local governments, industry and non-profit health

organizations, and academia and educational institutions.

(2) DUTIES.—The joint advisory committee shall—

(A) assess specific communications capabilities and

needs of emergency medical and public health care facilities, including the improvement of basic voice, data, and

broadband capabilities;

(B) assess options to accommodate growth of basic

and emerging communications services used by emergency

medical and public health care facilities;

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 541

(C) assess options to improve integration of communications systems used by emergency medical and public health

care facilities with existing or future emergency communications networks; and

(D) report its findings to the Senate Committee on

Commerce, Science, and Transportation and the House of

Representatives Committee on Energy and Commerce,

within 6 months after the date of enactment of this Act.

(d) AUTHORIZATION OF EMERGENCY MEDICAL AND PUBLIC

HEALTH COMMUNICATIONS PILOT PROJECTS.— (1) IN GENERAL.—The Assistant Secretary of Commerce

for Communications and Information may establish not more

than 10 geographically dispersed project grants to emergency

medical and public health care facilities to improve the capabilities of emergency communications systems in emergency medical care facilities.

(2) MAXIMUM AMOUNT.—The Assistant Secretary may not

provide more than $2,000,000 in Federal assistance under the

pilot program to any applicant.

(3) COST SHARING.—The Assistant Secretary may not provide more than 20 percent of the cost, incurred during the

period of the grant, of any project under the pilot program.

(4) MAXIMUM PERIOD OF GRANTS.—The Assistant Secretary

may not fund any applicant under the pilot program for more

than 3 years.

(5) DEPLOYMENT AND DISTRIBUTION.—The Assistant Secretary shall seek to the maximum extent practicable to ensure

a broad geographic distribution of project sites.

(6) TRANSFER OF INFORMATION AND KNOWLEDGE.—The

Assistant Secretary shall establish mechanisms to ensure that

the information and knowledge gained by participants in the

pilot program are transferred among the pilot program participants and to other interested parties, including other applicants

that submitted applications.

SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.

The Federal departments and agencies (including independent

agencies) identified under the provisions of this title and title III

of this Act and title VI of Public Law 109–295 shall carry out

their respective duties and responsibilities in a manner that does

not impede the implementation of requirements specified under

this title and title III of this Act and title VI of Public Law

109–295. Notwithstanding the obligations under section 1806 of

Public Law 109–295, the provisions of this title and title III of

this Act and title VI of Public Law 109–295 shall not preclude

or obstruct any such department or agency from exercising its

other authorities related to emergency communications matters.

SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.

(a) IN GENERAL.—Not later than 90 days after the date of

enactment of this Act, the Federal Communications Commission,

in consultation with the Department of Homeland Security’s Office

of Emergency Communications, the Office of Management of

Budget, and the Department of State shall report to the Senate

Committee on Commerce, Science, and Transportation and the

House of Representatives Committee on Energy and Commerce

on—

Canada.

Mexico.

6 USC 194 note.

6 USC 701 note.

42 USC 247d–3a

note.

Reports.

Deadline.

121 STAT. 542 PUBLIC LAW 110–53—AUG. 3, 2007

(1) the status of the mechanism established by the President under section 7303(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating

cross border interoperability issues between—

(A) the United States and Canada; and

(B) the United States and Mexico;

(2) the status of treaty negotiations with Canada and

Mexico regarding the coordination of the re-banding of 800

megahertz radios, as required under the final rule of the Federal Communication Commission in the ‘‘Private Land Mobile

Services; 800 MHz Public Safety Interface Proceeding’’ (WT

Docket No. 02–55; ET Docket No. 00–258; ET Docket No. 95–

18, RM–9498; RM–10024; FCC 04–168) including the status

of any outstanding issues in the negotiations between—

(A) the United States and Canada; and

(B) the United States and Mexico;

(3) communications between the Commission and the

Department of State over possible amendments to the bilateral

legal agreements and protocols that govern the coordination

process for license applications seeking to use channels and

frequencies above Line A;

(4) the annual rejection rate for the last 5 years by the

United States of applications for new channels and frequencies

by Canadian private and public entities; and

(5) any additional procedures and mechanisms that can

be taken by the Commission to decrease the rejection rate

for applications by United States private and public entities

seeking licenses to use channels and frequencies above Line

A.

(b) UPDATED REPORTS TO BE FILED ON THE STATUS OF TREATY

OF NEGOTIATIONS.—The Federal Communications Commission, in

conjunction with the Department of Homeland Security, the Office

of Management of Budget, and the Department of State shall continually provide updated reports to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Energy and Commerce of the House of Representatives on the

status of treaty negotiations under subsection (a)(2) until the appropriate United States treaty has been revised with each of—

(1) Canada; and

(2) Mexico.

(c) INTERNATIONAL NEGOTIATIONS TO REMEDY SITUATION.—Not

later than 90 days after the date of enactment of this Act, the

Secretary of the Department of State shall report to Congress

on—

(1) the current process for considering applications by

Canada for frequencies and channels by United States communities above Line A;

(2) the status of current negotiations to reform and revise

such process;

(3) the estimated date of conclusion for such negotiations;

(4) whether the current process allows for automatic denials

or dismissals of initial applications by the Government of

Canada, and whether such denials or dismissals are currently

occurring; and

(5) communications between the Department of State and

the Federal Communications Commission pursuant to subsection (a)(3).

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 543

SEC. 2204. EXTENSION OF SHORT QUORUM.

Notwithstanding section 4(d) of the Consumer Product Safety

Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product Safety

Commission, if they are not affiliated with the same political party,

shall constitute a quorum for the 6-month period beginning on

the date of enactment of this Act.

SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN

COMMITTEES.

In addition to the committees specifically enumerated to receive

reports under this title, any report transmitted under the provisions

of this title shall also be transmitted to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))).

TITLE XXIII—EMERGENCY

COMMUNICATIONS MODERNIZATION

SEC. 2301. SHORT TITLE.

This title may be cited as the ‘‘Improving Emergency Communications Act of 2007’’.

SEC. 2302. FUNDING FOR PROGRAM.

Section 3011 of the Digital Television Transition and Public

Safety Act of 2005 (Public Law 109–171; 47 U.S.C. 309 note) is

amended—

(1) by striking ‘‘The’’ and inserting:

‘‘(a) IN GENERAL.—The’’; and

(2) by adding at the end the following:

‘‘(b) CREDIT.—The Assistant Secretary may borrow from the

Treasury, upon enactment of the 911 Modernization Act, such sums

as necessary, but not to exceed $43,500,000, to implement this

section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television

Transition and Public Safety Fund.’’.

SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.

Section 158(b)(4) of the National Telecommunications and

Information Administration Organization Act (47 U.S.C. 942(b)(4))

is amended by adding at the end thereof the following: ‘‘Within

180 days after the date of enactment of the 911 Modernization

Act, the Assistant Secretary and the Administrator shall jointly

issue regulations updating the criteria to allow a portion of the

funds to be used to give priority to grants that are requested

by public safety answering points that were not capable of receiving

911 calls as of the date of enactment of that Act, for the incremental

cost of upgrading from Phase I to Phase II compliance. Such grants

shall be subject to all other requirements of this section.’’.

TITLE XXIV—MISCELLANEOUS

PROVISIONS

SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.

(a) REVIEW REQUIRED.—Title VII of the Homeland Security

Act of 2002 is amended by adding at the end the following:

Regulations.

Deadline.

Grants.

Public safety.

47 USC 901 note.

Improving

Emergency

Communications

Act of 2007.

6 USC 194 note.

121 STAT. 544 PUBLIC LAW 110–53—AUG. 3, 2007

‘‘SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.

‘‘(a) REQUIREMENT.— ‘‘(1) QUADRENNIAL REVIEWS REQUIRED.—In fiscal year 2009,

and every 4 years thereafter, the Secretary shall conduct a

review of the homeland security of the Nation (in this section

referred to as a ‘quadrennial homeland security review’).

‘‘(2) SCOPE OF REVIEWS.—Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the

Nation for homeland security and guidance on the programs,

assets, capabilities, budget, policies, and authorities of the

Department.

‘‘(3) CONSULTATION.—The Secretary shall conduct each

quadrennial homeland security review under this subsection

in consultation with—

‘‘(A) the heads of other Federal agencies, including

the Attorney General, the Secretary of State, the Secretary

of Defense, the Secretary of Health and Human Services,

the Secretary of the Treasury, the Secretary of Agriculture,

and the Director of National Intelligence;

‘‘(B) key officials of the Department; and

‘‘(C) other relevant governmental and nongovernmental

entities, including State, local, and tribal government officials, members of Congress, private sector representatives,

academics, and other policy experts.

‘‘(4) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECURITY PROGRAM.—The Secretary shall ensure that each review

conducted under this section is coordinated with the Future

Years Homeland Security Program required under section 874.

‘‘(b) CONTENTS OF REVIEW.—In each quadrennial homeland

security review, the Secretary shall—

‘‘(1) delineate and update, as appropriate, the national

homeland security strategy, consistent with appropriate

national and Department strategies, strategic plans, and Homeland Security Presidential Directives, including the National

Strategy for Homeland Security, the National Response Plan,

and the Department Security Strategic Plan;

‘‘(2) outline and prioritize the full range of the critical

homeland security mission areas of the Nation;

‘‘(3) describe the interagency cooperation, preparedness of

Federal response assets, infrastructure, budget plan, and other

elements of the homeland security program and policies of

the Nation associated with the national homeland security

strategy, required to execute successfully the full range of missions called for in the national homeland security strategy

described in paragraph (1) and the homeland security mission

areas outlined under paragraph (2);

‘‘(4) identify the budget plan required to provide sufficient

resources to successfully execute the full range of missions

called for in the national homeland security strategy described

in paragraph (1) and the homeland security mission areas

outlined under paragraph (2);

‘‘(5) include an assessment of the organizational alignment

of the Department with the national homeland security strategy

referred to in paragraph (1) and the homeland security mission

areas outlined under paragraph (2); and

6 USC 347.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 545

‘‘(6) review and assess the effectiveness of the mechanisms

of the Department for executing the process of turning the

requirements developed in the quadrennial homeland security

review into an acquisition strategy and expenditure plan within

the Department.

‘‘(c) REPORTING.—

‘‘(1) IN GENERAL.—Not later than December 31 of the year

in which a quadrennial homeland security review is conducted,

the Secretary shall submit to Congress a report regarding that

quadrennial homeland security review.

‘‘(2) CONTENTS OF REPORT.—Each report submitted under

paragraph (1) shall include—

‘‘(A) the results of the quadrennial homeland security

review;

‘‘(B) a description of the threats to the assumed or

defined national homeland security interests of the Nation

that were examined for the purposes of that review;

‘‘(C) the national homeland security strategy, including

a prioritized list of the critical homeland security missions

of the Nation;

‘‘(D) a description of the interagency cooperation,

preparedness of Federal response assets, infrastructure,

budget plan, and other elements of the homeland security

program and policies of the Nation associated with the

national homeland security strategy, required to execute

successfully the full range of missions called for in the

applicable national homeland security strategy referred to

in subsection (b)(1) and the homeland security mission

areas outlined under subsection (b)(2);

‘‘(E) an assessment of the organizational alignment

of the Department with the applicable national homeland

security strategy referred to in subsection (b)(1) and the

homeland security mission areas outlined under subsection

(b)(2), including the Department’s organizational structure,

management systems, budget and accounting systems,

human resources systems, procurement systems, and physical and technical infrastructure;

‘‘(F) a discussion of the status of cooperation among

Federal agencies in the effort to promote national homeland

security;

‘‘(G) a discussion of the status of cooperation between

the Federal Government and State, local, and tribal governments in preventing terrorist attacks and preparing for

emergency response to threats to national homeland security;

‘‘(H) an explanation of any underlying assumptions

used in conducting the review; and

‘‘(I) any other matter the Secretary considers appropriate.

‘‘(3) PUBLIC AVAILABILITY.—The Secretary shall, consistent

with the protection of national security and other sensitive

matters, make each report submitted under paragraph (1) publicly available on the Internet website of the Department.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section.’’.

121 STAT. 546 PUBLIC LAW 110–53—AUG. 3, 2007

(b) PREPARATION FOR QUADRENNIAL HOMELAND SECURITY

REVIEW.—

(1) IN GENERAL.—During fiscal years 2007 and 2008, the

Secretary of Homeland Security shall make preparations to

conduct the first quadrennial homeland security review under

section 707 of the Homeland Security Act of 2002, as added

by subsection (a), in fiscal year 2009, including—

(A) determining the tasks to be performed;

(B) estimating the human, financial, and other

resources required to perform each task;

(C) establishing the schedule for the execution of all

project tasks;

(D) ensuring that these resources will be available

as needed; and

(E) all other preparations considered necessary by the

Secretary.

(2) REPORT.—Not later than 60 days after the date of

enactment of this Act, the Secretary shall submit to Congress

and make publicly available on the Internet website of the

Department of Homeland Security a detailed resource plan

specifying the estimated budget and number of staff members

that will be required for preparation of the first quadrennial

homeland security review.

(c) CLERICAL AMENDMENT.—The table of sections in section

1(b) of such Act is amended by inserting after the item relating

to section 706 the following new item:

‘‘Sec. 707. Quadrennial Homeland Security Review.’’.

SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION

OF RADICALIZATION LEADING TO IDEOLOGICALLY-BASED

VIOLENCE.

(a) FINDINGS.—Congress finds the following:

(1) The United States is engaged in a struggle against

a transnational terrorist movement of radical extremists that

plans, prepares for, and engages in acts of ideologically-based

violence worldwide.

(2) The threat of radicalization that leads to ideologicallybased violence transcends borders and has been identified as

a potential threat within the United States.

(3) Radicalization has been identified as a precursor to

terrorism caused by ideologically-based groups.

(4) Countering the threat of violent extremists domestically,

as well as internationally, is a critical element of the plan

of the United States for success in the fight against terrorism.

(5) United States law enforcement agencies have identified

radicalization that leads to ideologically-based violence as an

emerging threat and have in recent years identified cases of

extremists operating inside the United States, known as ‘‘homegrown’’ extremists, with the intent to provide support for, or

directly commit, terrorist attacks.

(6) Alienation of Muslim populations in the Western world

has been identified as a factor in the spread of radicalization

that could lead to ideologically-based violence.

(7) Many other factors have been identified as contributing

to the spread of radicalization and resulting acts of ideologically-based violence. Among these is the appeal of left-wing

and right-wing hate groups, and other hate groups, including

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 547

groups operating in prisons. Other such factors must be examined and countered as well in order to protect the homeland

from violent extremists of every kind.

(8) Radicalization leading to ideologically-based violence

cannot be prevented solely through law enforcement and intelligence measures.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Homeland Security, in consultation with other

relevant Federal agencies, should make a priority of countering

domestic radicalization that leads to ideologically-based violence

by—

(1) using intelligence analysts and other experts to better

understand the process of radicalization from sympathizer to

activist to terrorist;

(2) recruiting employees with diverse worldviews, skills,

languages, and cultural backgrounds, and expertise;

(3) consulting with experts to ensure that the lexicon used

within public statements is precise and appropriate and does

not aid extremists by offending religious, ethnic, and minority

communities;

(4) addressing prisoner radicalization and post-sentence reintegration, in concert with the Attorney General and State

and local corrections officials;

(5) pursuing broader avenues of dialogue with minority

communities, including the American Muslim community, to

foster mutual respect, understanding, and trust; and

(6) working directly with State, local, and community

leaders to—

(A) educate such leaders about the threat of

radicalization that leads to ideologically-based violence and

the necessity of taking preventative action at the local

level; and

(B) facilitate the sharing of best practices from other

countries and communities to encourage outreach to

minority communities, including the American Muslim

community, and develop partnerships among and between

all religious faiths and ethnic groups.

SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN

COMMITTEES.

The Committee on Commerce, Science, and Transportation of

the Senate shall receive the reports required by the following provisions of law in the same manner and to the same extent that

the reports are to be received by the Committee on Homeland

Security and Governmental Affairs of the Senate:

(1) Section 1016(j)(1) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).

(2) Section 511(d) of this Act.

(3) Subsection (a)(3)(D) of section 2022 of the Homeland

Security Act of 2002, as added by section 101 of this Act.

(4) Section 7215(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).

(5) Section 7209(b)(1)(C) of the Intelligence Reform and

Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).

(6) Section 804(c) of this Act.

(7) Section 901(b) of this Act.

(8) Section 1002(a) of this Act.

6 USC 121 note.

121 STAT. 548 PUBLIC LAW 110–53—AUG. 3, 2007

(9) Title III of this Act.

SEC. 2404. DEMONSTRATION PROJECT.

(a) DEMONSTRATION PROJECT REQUIRED.—Not later than 120

days after the date of enactment of this Act, the Secretary of

Homeland Security shall—

(1) establish a demonstration project to conduct demonstrations of security management systems that—

(A) shall use a management system standards

approach; and

(B) may be integrated into quality, safety, environmental and other internationally adopted management systems; and

(2) enter into one or more agreements with a private sector

entity to conduct such demonstrations of security management

systems.

(b) SECURITY MANAGEMENT SYSTEM DEFINED.—In this section,

the term ‘security management system’ means a set of guidelines

that address the security assessment needs of critical infrastructure

and key resources that are consistent with a set of generally

accepted management standards ratified and adopted by a standards making body.

SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT

OF HOMELAND SECURITY.

(a) RESPONSIBILITIES.—Section 701(a) of the Homeland Security

Act of 2002 (6 U.S.C. 341) is amended—

(1) by inserting ‘‘The Under Secretary for Management

shall serve as the Chief Management Officer and principal

advisor to the Secretary on matters related to the management

of the Department, including management integration and

transformation in support of homeland security operations and

programs.’’ before ‘‘The Secretary’’;

(2) by striking paragraph (7) and inserting the following:

‘‘(7) Strategic management planning and annual performance planning and identification and tracking of performance

measures relating to the responsibilities of the Department.’’;

and

(3) by striking paragraph (9), and inserting the following:

‘‘(9) The management integration and transformation

process, as well as the transition process, to ensure an efficient

and orderly consolidation of functions and personnel in the

Department and transition, including—

‘‘(A) the development of a management integration

strategy for the Department, and

‘‘(B) before December 1 of any year in which a Presidential election is held, the development of a transition

and succession plan, to be made available to the incoming

Secretary and Under Secretary for Management, to guide

the transition of management functions to a new Administration.’’.

(b) APPOINTMENT AND EVALUATION.—Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as amended by subsection

(a), is further amended by adding at the end the following:

‘‘(c) APPOINTMENT AND EVALUATION.—The Under Secretary for

Management shall—

‘‘(1) be appointed by the President, by and with the advice

and consent of the Senate, from among persons who have—

Deadline.

Contracts.

Deadline.

6 USC 121 note.

PUBLIC LAW 110–53—AUG. 3, 2007 121 STAT. 549

‘‘(A) extensive executive level leadership and management experience in the public or private sector;

‘‘(B) strong leadership skills;

‘‘(C) a demonstrated ability to manage large and complex organizations; and

‘‘(D) a proven record in achieving positive operational

results;

‘‘(2) enter into an annual performance agreement with the

Secretary that shall set forth measurable individual and

organizational goals; and

‘‘(3) be subject to an annual performance evaluation by

the Secretary, who shall determine as part of each such evaluation whether the Under Secretary for Management has made

satisfactory progress toward achieving the goals set out in

the performance agreement required under paragraph (2).’’.

(c) DEADLINE FOR APPOINTMENT; INCUMBENT.— (1) DEADLINE FOR APPOINTMENT.—Not later than 90 days

after the date of the enactment of this Act, the Secretary

of Homeland Security shall name an individual who meets

the qualifications of section 701 of the Homeland Security Act

(6 U.S.C. 341), as amended by subsections (a) and (b), to serve

as the Under Secretary of Homeland Security for Management.

The Secretary may submit the name of the individual who

serves in the position of Under Secretary of Homeland Security

for Management on the date of enactment of this Act together

with a statement that informs the Congress that the individual

meets the qualifications of such section as so amended.

(2) INCUMBENT.—The incumbent serving as Under Secretary of Homeland Security for Management on November

4, 2008, is authorized to continue serving in that position

until a successor is confirmed, to ensure continuity in the

management functions of the Department.

(d) SENSE OF CONGRESS WITH RESPECT TO SERVICE OF INCUMBENTS.—It is the sense of the Congress that the person serving

as Under Secretary of Homeland Security for Management on the

date on which a Presidential election is held should be encouraged

by the newly-elected President to remain in office in a new Administration until such time as a successor is confirmed by Congress.

6 USC 341 note.

Contracts.

121 STAT. 550 PUBLIC LAW 110–53—AUG. 3, 2007

LEGISLATIVE HISTORY—H.R. 1 (S. 4):

HOUSE REPORTS: No. 110–259 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 153 (2007):

Jan. 9, considered and passed House.

July 8, considered and passed Senate, amended, in lieu of S. 4.

July 26, Senate agreed to conference report.

July 27, House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):

Aug. 3, Presidential statement.

Æ

(e) EXECUTIVE SCHEDULE.—Section 5313 of title 5, United

States Code, is amended by inserting after the item relating to

the Deputy Secretary of Homeland Security the following:

‘‘Under Secretary of Homeland Security for Management.’’.

Approved August 3, 2007.